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<br />, <br /> <br />Creative Solutions for Land Planning and Design <br /> <br />Hoisington Koegler Group <br /> <br />mil <br />~n <br /> <br />MEMORANDUM <br /> <br />Date: 21 March, 2000 <br /> <br />To: Jim Norman, City Administrator <br /> <br />CC: Mark Koegler, Hoisington Koegler Group <br /> <br />From: Brad Scheib, AICP <br />Hoisington Koegler Group, Inc. <br /> <br />Be: ISTS and Comprehensive Plan Issues <br /> <br />As I understand it, the two issues that remain in question relative to ISTS are the requirement to <br />inspect all systems at least once every three years and the authority of the Metropolitan Council to <br />implement Rule 7080. In researching this issue further, HKGi offers the following [mdings and <br />resource information for staff and City Attorney review: <br /> <br />Finding: Minnesota Rules 7080 requires local ISTS ordinances to include requirements for <br />inspections ofISTS at least once every three years. <br /> <br />Research References: Minnesota Rules 7080.0175 Subp. 2 indicate inspections are <br />needed at least once every three years. Rule 7080.0305 Subp. 2 implements rule <br />7080.0175 Subp. 2, by requiring local ordinances include a requirement to inspect <br />systems at a minimum of once every three years. Rule 7080.0305 Subp. 4 (E) indicate <br />that for most systems, inspections are to be done by a licensed professional except where <br />systems serve a single residential unit. This could be interpreted to allow individual <br />homeowners to inspect their own systems. Additional Statutory Authority is referenced in <br />state statutes section 115.03; 115.55; and 115.56. <br /> <br />Finding: The Metropolitan Council is granted the authority to carry out the duties and <br />responsibilities of the 1976 Metropolitan Land Planning Act and subsequent amendments. The <br />Land Planning Act required the development of the Metropolitan Development Guide (MDG), <br />which establishes general goals, policy and action steps for regional planning. Because the MDG <br />makes reference to Minnesota State Rules and Laws, it can be interpreted that it is in the Metro <br />Council's authority to require consistency with State Laws in order to carry out the requirements <br />of the Land Planning Act. <br /> <br />Research References: Minnesota Statute Chapter 473.129 grants certain powers to the <br />Metropolitan Council. Minnesota Statute Chapter 473.145 requires the development of <br />the Metropolitan Development Guide (also referred to as the Regional Blueprint). <br />Minnesota Statute Chapter 473.851 requires local comprehensive plans be "consistent <br /> <br />123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 <br />Ph (612) 338-0800 Fx (612) 338-6838 <br />