TWO DOWN. ONE TO GO?

November, 2012 – More than two years ago a group of Northeast citizens came together out of the concerns we had over the proposed City/County waste facility to be constructed at 27th and University in Northeast Minneapolis.  Conceived in secret without any public participation, the original proposal included three components:

1. An “overflow” garbage facility that would accept raw waste intended for the downtown garbage burner at times when it was offline.

2.   A City-run waste transfer facility meant to replace the Southside Transfer Station and to handle the ‘voucher’ program for the entire City of Minneapolis.

3. A County-run “Household Hazardous Waste” facility that would accept and process toxic household materials that need special handling.

Many people were appalled that, given our area’s past legacy of toxic pollution and the extensive efforts that have been made to clean up our area, the City and County were proposing a new waste facility in our area, directly adjacent to residential homes.  Many people were also concerned about traffic levels as the non-centrally located facility would bring in a lot of additional traffic from all over Minneapolis—and even from Anoka County.  In order to effectively challenge the City/County plans, we organized as “Don’t Dump on Northeast” (DDONE).Through public education and outreach we reached hundreds and hundreds of Northeast area residents.

Our efforts resulted in widespread opposition to the proposal throughout Northeast. Hundreds signed petitions and contacted our public officials. Surrounding neighborhood associations took formal stands against the proposal. A legal challenge that we launched exposed the fact that the site did not have the proper zoning for a waste transfer facility.

As neighborhood opposition mounted to this ill-conceived proposal, the City quickly backed off and took the “overflow” garbage facility component off the table. But it took our lawsuit and the widespread publicity it generated for the City to finally acknowledge that it was on shaky legal grounds regarding the site’s zoning.  In September of this year the City finally withdrew the proposal to move the Southside Waste Transfer Station to Northeast.

These are huge victories for our neighborhoods! Through our collective efforts we have stopped the two most problematic and objectionable components of the proposal. This would not have been possible without the widespread support (volunteer work and financial) of our supporters. DDONE would like to thank and congratulate everyone who has helped support this campaign to date.

What’s Next?

A new site plan for 27th and University which just includes the Hennepin County Household Hazardous Waste facility has now been released. While the plan represents an improvement over the earlier proposal, we still have many concerns and unanswered questions over the nature of the facility and the process that will be used to approve it.

Most importantly, this is just not an appropriate location for a county HHW facility.  The location is not at all centrally located and, in fact, is just a few blocks from Hennepin County’s border with Anoka County. It also has very poor freeway access. This will limit its use by people in other parts of Minneapolis and elsewhere in Hennepin County. Why does Hennepin County and Minneapolis feel a need to spend millions of dollars building a facility that will be more convenient for thousands of Anoka County residents to use than will it will be for many Minneapolis residents?  It would be much more appropriate to locate something like this much closer to downtown and close to freeway interchanges.

While the new plan does increase green space on the site, it is still very close to residential homes in comparison with any other similar facility in the metropolitan area. It still seems as if this is an expedient decision—this remains a facility nobody else wants that is being pushed on a relatively low-income part of the City, one that has already suffered more than its fair share of industrial pollution and disruption.

Is it really a “recycling” facility?  Just because project proponents have now renamed this a “recycling” facility does not make it one. Is it really a 100% recycling facility, one that could meet the zoning requirements for an I-2 parcel?  We have not seen any detailed analysis of the projected materials to be handled that leads to this conclusion. We want to see that this analysis is done properly. There should also be an opportunity for an independent review (i.e. one not conducted by project proponents) of this issue.

We would also like to see an independent review of the containment systems (including venting, drainage, etc.) proposed for this facility. The past legacy of toxic pollution in our area argues strongly for a critical analysis of proposals like this. Too many times in the past industries and facilities promoted as safe for area residents (by both businesses and government regulators) have turned out not to be so.

Traffic and the need for a new study.  In 2010 project proponents deemed issues around traffic at the 27th and University facility important enough that a traffic study, conducted by an outside consulting firm, was commissioned and then presented to neighborhood groups. That study is now completely out-dated. For one, it was not based on the current proposal. The recent completion of the new Lowry Avenue bridge is also changing traffic patterns in the area. In addition, the potential use of the facility by Anoka County residents coming from the north needs to be considered. A new traffic study, followed by further consultation with neighborhood residents, is needed before plans proceed for this facility.

Approval Process/Neighborhood Consultation:  In the past, controversial projects such as this have generally gone through an extensive process of neighborhood  consultation.  For this revised proposal, is such a process going to happen?  So far the only neighborhood meetings about this new proposal have been presentations made by project proponents. Is a more balanced approach still ahead of us?  One in which both project proponents and those with concerns are allowed to make presentations?  Holland neighborhood, in particular, has in the past had an admirable track record of carrying out balanced consultation processes. Is the current HNIA board committed to such a process in this instance?

Are area stakeholders involved with neighborhood groups that are designated by the City as vehicles for citizen input going to be given the opportunity to hear both sides of the issue and then take actual votes on this proposal?  While such votes are advisory, they are normally adopted as the official stance of the neighborhood organization. And in most cases strong neighborhood support or opposition has a strong influence on the positions then taken by our local elected officials.

If a balanced process of neighborhood consultation still shows that a majority of stakeholders are opposed to this revised project, are our neighborhood boards willing to commit to adopting positions of opposition to this proposal? And would our City Council representative be willing to commit to oppose the project when it comes up for City approval for a conditional use permit?

If not, is it even worth concerned residents bothering to participate in such a process?

Summary

Our efforts have already had a major positive impact. DDONE is committed to continuing to follow-up and engage in these issues in order to achieve the best possible outcome for our neighborhood regarding the future use of the property at 27th and University.  We are also interested in engaging in other issues regarding toxic pollution in Northeast and in exploring how we can support other efforts to make Northeast a healthier place to live.

 

Northeast Residents Hear City Admit Problems with Waste Facility Plans

Printable Press Release

On December 16th the legal complaint filed by 19 Northeast citizens along with Don’t Dump on Northeast (DDONE), a non-profit corporation, had its first hearing in Hennepin County District Court. The lawsuit alleges that the City does not have the proper heavy industrial zoning required for the type of hazardous and other waste collection transfer processes it had proposed to establish at a new facility at its chosen site at 27th and University in Northeast Minneapolis. This initiative was to involve the relocation of the Southside Transfer Station from South Minneapolis as well as the establishment of a Hennepin County Household Hazardous/Toxic Waste facility.

The Court is expected to rule by March 15 on the City of Minneapolis ‘motion to dismiss’ the lawsuit. However, it will be hard to see the outcome of the hearing as anything other than a victory for the plaintiffs – no matter how the court rules.

In order to argue its case that the lawsuit was ‘premature’, the City was forced to backtrack on its whole plan. Until a few weeks ago, the City website stated that it envisioned a groundbreaking for the facility in Spring, 2012. In January 2011, the City spent more than $2 million to acquire the site expressly for the purpose of this facility. The City commissioned a detailed traffic study and presented it to neighborhood groups in the Fall of 2010, built a webpage describing the project, and negotiated extensively with County staff regarding major aspects of the proposed uses. But on December 16th, City attorneys retracted and disavowed all of these previously stated plans to construct the facility at 27th and University, arguing that there is “no project” planned for the site. Most significantly, city attorneys conceded the plaintiff’s main point at the hearing that, given the proposed site’s zoning, the City cannot have primary, accessory or ancillary waste transfer facility uses at the proposed site.

The City had previously argued that–as long as the proposed uses emphasized recycling– it would be fine to have some level of waste transfer uses at the site as well.

“The admission by the City that this is not legally possible is a huge change, it effectively destroys their whole plan,” said nearby neighborhood resident Bruce Shoemaker. “The City acknowledged in court that they can’t have waste transfer uses at this facility, so the whole move of the Southside Transfer Station to Northeast would seem to be off the table.”

This turnaround leaves many questions unanswered—questions that City staff and officials have been avoiding answering for months. Given the recent statements of their attorneys, what exactly is their plan for this site? What is to be the future of the Southside Transfer Station? Is the City continuing its discussions with the County about locating a household hazardous waste facility at 27th and University? It is high time that officials stopped ignoring Northeast residents on this issue and started to provide some answers.

“Northeast neighborhood residents have lived with uncertainty regarding this proposal for almost two years,” said Margie Siegel, whose home is located just a few hundred feet from the proposed facility. “It is time for City staff and officials to admit they made a mistake and that it is not appropriate to locate a facility like this immediately adjacent to a residential area. This whole plan needs a major re-think.” For more information see www.ddone.org or contact Margie Siegel, msiegel@bitstream.net and 612-578-4621.

Printable Update from December 2011

December 2011 Update (in PDF format)

Star Tribune picks up story of DDONE legal action

In a small article in the Saturday metro section, the paper published a fairly boilerplate piece, with one interesting tidbit: “City Attorney Susan Segal said the city will move to dismiss the lawsuit because no application is yet pending for the facility with the city.” (emphasis added). One wonders if we are supposed to believe that they really aren’t planning to go through with this project that has been a topic of contention for well over a year. Yeah…sure. Oh look, there’s the Easter Bunny!

DDONE Takes Legal Action

DDONE sues to stop the waste transfer facility proposed for 27th and University Aves NE

On September 6, 2011, Don’t Dump on Northeast (DDONE), along with a group of individual Northeast area residents, launched a legal complaint against the City of Minneapolis over their proposed siting of a waste transfer, hazardous waste and recycling facility directly adjacent to a residential neighborhood at 27th and University Avenues NE. The proposal would include the move of the Southside Transfer Facility to Northeast and the addition of a new Hennepin County Household Hazardous (toxic) Waste facility at the site.

According to the Minneapolis zoning code, it is illegal to site a waste transfer facility at the proposed location. The location is zoned I-2. Waste transfer facilities require the higher-intensity I-3 zoning, while recycling centers can use I-2 with a conditional-use permit. The proposed facility includes some recycling. Planners state they have ‘aspirations’ for additional recycling. However, it will also be a waste transfer facility. According to the City’s own data, only about 30% of the waste going to the Southside Transfer Station is currently recycled. City zoning law, and much legal precedent, says that when multiple uses are proposed on a property, the zoning must be for the highest and most intensive proposed use of a property. In this case, that requires I-3 zoning, something this property doesn’t have.

City officials, once they belatedly realized that the zoning was an issue, made a poor attempt at rebranding the proposed facility as solely a “recycling center.” However, the plan to move the whole Southside Transfer Station to Northeast still stands. This leaves a major contradiction between the reality of the plan and the rhetoric being used to describe it. There is an extensive track record of City communications and documentation that clearly shows this is to be a waste transfer station, not just a recycling facility. DDONE and neighborhood residents challenged this position through the City’s own internal administrative complaint procedures. However, these processes were highly biased in favor of the City’s own position. The City of Minneapolis will not have this same luxury when it has to defend its position in an unbiased court of law. We are confident that we have a strong legal case and that we can stop the proposed facility from being constructed at 27th and University.

Second Appeal Rejected

The DDONE appeal of the ZBA ruling has been rejected by the City Council. We are currently exploring our other options.

Appeal Hearing Scheduled for Thursday, June 9

The City has given us (short) notice that they have scheduled a hearing on our appeal of the ZBA ruling for Thursday, June 9 at 9:30am in the Minneapolis City Council Chambers (City Hall, Rm 317). Here is information from the City about the June 9 meeting.

In preparation for this, we will be meeting Monday, June 6 from 7:00-8:30pm in Room 206 at Eastside Neighborhood Services, 1700 2nd St. NE., to prepare our presentation to the committee.

Meanwhile, because of the short notice, which is not exactly proper procedure, we are working to get a continuance to delay the hearing so that we may have enough time to prepare and fit this into our schedules. We are also still looking for a response to some of our FOIA requests. The bottom line is that we are preparing right now as if the hearing will be on the 9th, but it is still possible that it will be moved back and that proper notice and responses to our FOIA requests will be given. Watch here for updates as the saga continues…

DDONE Appeals ZBA Ruling

Despite losing the first appeal, DDONE is moving ahead to the next appeal…watch for an announcement of date and time!

Public Hearing on DDONE’s Zoning Appeal (past event)

The City of Minneapolis is currently claiming that the proposed Household Hazardous Waste/Construction and Demolition Debris and Voucher Program Facility is a ‘Recycling Center,’ and therefore is eligible to be located in an area zoned for medium industrial use, known as I-2. The City has already purchased an I-2 zoned property located at 340-27th Ave NE for this purpose. Trouble is, these type of facilities are generally located in heavy-industrial areas zoned I-3, not next to homes like the 27th Ave NE site. For this reason (as well as the reasons mentioned here), DDONE has appealed the zoning determination made by the Minneapolis Zoning Administrator, Steve Poor.

This appeal will be considered by the Minneapolis Board of Adjustment, which will hear from all interested parties, including and especially area residents, at a public hearing on Thursday, April 7 at 4:30pm at Room 317 of Minneapolis City Hall, 350 S. 5th St. This room is better known as the City Council Chambers. The meeting site is wheelchair accessible, and those needing other disability-related accommodations are asked to call 612-673-3220 at least five days before the hearing.

Join us April 7!

We have hired an attorney, Jim Peters, who will help present our case. We will also have several DDONE members to present our case. But we can always use more voices of opposition to this ridiculous zoning decision.

We’re fighting this because physical, economic and environmental quality of Northeast Minneapolis is important to all of us. We’re fighting this because the City arrogantly acquired this property on January 20th 2011, despite the zoning issues and the district opposition.We invite you to join the coalition to save our neighborhood, by saying no to siting this facility in a residential area, literally right next to homes. It is important to know that it is not too late to say no. Your opinion counts!

Whether you’re a renter, property owner, neighbor or businessperson, by expressing your opposition and concern, you will make a big difference. Please join us at the hearing on April 7 at 4:30pm at Minneapolis City Hall, Room 317. We look forward to seeing you.

If you can’t attend the Hearing, You can Still Send your Comments! Here’s How!

Send comments on this zoning issue to:
Steve Poor, Zoning Administrator
250 – South 4th St., Room 300
Minneapolis, MN 55415
Phone: 612-673-5837
Fax: 612-673-2526
Email: Steve.Poor@ci.minneapolis.mn.us