State Planning a Hostile Takeover of Minneapolis, Retains Gordon Gekko - 49 Steps to Madness PT 5 - The Crown Hydro Project

This is final installament of a 5 part series looking at the proposed Crown Hydro project.  The State of Minnesota is attempting to force the Minneapolis Park Board to not only approve this project, but also provide Nationally Historic Parkland to a private developer.

"You got ninety percent of the American public out there with little or no net worth.  I create nothing.  I own.  We make the rules, pal.  The news, war, peace, famine, upheaval, the price per paper clip.  We pick that rabbit out of the hat while everybody sits out there wondering how the hell we did it.  Now you're not naive enough to think we're living in a democracy, are you buddy?  It's the free market."

"The point is, ladies and gentleman, that greed, for lack of a better word, is good.  Greed is right, greed works.   Greed clarifies, cuts through, and captures the essence of the evolutionary spirit."

- Gordon Gekko

Given the multitude of unaswered questions, the unanimous opposition of Federal, State and local experts and the obvious unconstitutionality of the State Legislation driving this project, what motive could there be at the State level? Greed, power, trading favors or some other personal gain?  Partisian politics? I can only speculate as to the possible motivation of State Legislators supporting HF1440 and SF1191.  

More quotes, but from real people...

From Minneapolis City Council Member Lisa Goodman -

“It is simply outrageous that the Legislature would even attempt to override the decisions of local government, in this case the Park Board, and compel both the sale of public land and the planning approvals required for a private developer for their private development”

What’s next, the Legislature passing a bill ordering the city to sell the Minneapolis Farmers Market land for a Vikings Stadium or sell Gold Medal Park for a new high-rise?”

One of four representatives to take his name off the Crown Hydro bill, Rep. Michael Nelson, DFL-Brooklyn Park, said he supports the Crown Hydro project as a clean source of renewable energy but opposes taking away local control.

“The way that this one was written was basically clubbing the city of Minneapolis over the head,” Nelson said.

John S. Gulliver, P.E., Ph. D, Engineering Consultant

How will construction equipment be brought into this crowded area, without disrupting other traffic and activities? What will happen to the public parkways, walkways, etc. during the approximately two years of construction?

Educational value of the Crown Hydroelectric Plant: The Crown Hydroelectric project seems to be developed in isolation from other projects of the district. The interpretive character of the facility is pre-eminent in 2001 support letters from Minneapolis Mayor Sharon Sales Belton, Hennepin County Commissioner Peter McLaughlin, State Senator Lawrence Pogemiller, and State Representative Phyllis Kahn. New letters from representative individuals should be required by MRPB, since the obtained letters of support were based, in part or in whole, on the interpretive character of the Crown Hydroelectric project.

Nobody, But Nobody, Thinks This Is a Good Idea

Don’t take my word on it, here’s some opinions from those much more knowledgeable than I:

Walter F. Mondale

"I write today to urge that you, as a matter of public policy, conclude that the land you own in the most historically sacred area of our great City be simply off-limits to commercial development. Two projects have threatened to desecrate the most sensitive of land you own—namely the condominium project on the old Fuji Ya site, and the again-pending attempt to locate a hydro electric generation plant steps from the Mill Ruins. The latter proposal, no matter what the view of paid consultants, is inherently a taking of the public’s most historic property in this most historic area—the force of the falls over the St. Anthony apron."

"The historical area, of course, is called the St Anthony Falls Historic District. It is not called the Stone Arch Bridge Historic District, nor the Lock and Dam Historic District, nor the River Parkway Historic District, nor even the Mill Ruins Historic District. That which makes it historic, of course, is the Falls itself—the flow of water and its force." 

The U.S. Army Corp of Engineers:

“The St. Anthony Falls District and the individual sites within it are among the primary reasons Congress established the Mississippi National River and Recreation Area.  The proposed project would likely have significant adverse impacts on the nationally significant historic resources within the MISS corridor.”

Jessica Overmohle, Minnesota Department of Natural Resources

"The Draft Plan does not address aesthetic flows over the spillway. The MDNR believes it is imperative that an adequate flow over the spill way be maintained. [It] is one of the only aspects of the St. Anthony Falls area that portrays the significance of the largest falls on the entire Mississippi River. The location in downtown Minneapolis creates a demand for viewing the falls 24 hours a day throughout the year."

United States Department of the Interior

“. . . is very concerned about potential project impacts on the historical resources of the St. Anthony Falls Historic District and with the flow of water over St Anthony Falls,, the only falls on the entire Mississippi River. . . may seriously impact the recreational use and visual integrity of this area.”

And...

“The proposed project would likely have significant adverse impacts on the nationally significant historic resources. . . “

Minnesota State Archeologist Scott Anfinson

"...the exit tunnel for this facility will adversely impact a significant historic structure, namely the historic tailrace tunnel system. The construction of the turbines could also prevent the restoration of the historic waterpower canal entrance should that be proposed in the future.”

Minneapolis City Attorney

“[Crown could] consume water to the point of elimination of  flow of St Anthony Falls without Park Board consent, regardless  of any contrary requirement in Park Board resolutions.”

Federal Energy Regulatory Commission (FERC) License Article 404

“During low flows in July and August, the project will operate with up to 500 cfs during the daylight hours even if it dries up the falls . . . “

Crown Hydro, LLC

“CHC acknowledges that its project may endanger MPRB owned historic facilities..."

National Trust for Historic Preservation (May 2011)

The National Trust for Historic Preservation is deeply concerned to learn about the proposal of S.F. 1191, which requires the Minneapolis Park and Recreation Board (MPRB) to approve a lease agreement for a hydroelectric facility on their property no later than May 31, 2011. It is our opinion that this legislation will only harm Minnesota’s natural resources, and it could have unintended and very negative consequences on effective local government regulatory processes.

   

The Crown Hydro hydroelectric project is obviously the intended beneficiary of this legislation, since this project’s request for use of Minneapolis Park and Recreation Board (“Park Board”) property in the St. Anthony Falls Historic District was denied. Repeated challenges to this decision have only reinforced the appropriateness of the Park Board’s decisions to deny a permit for a new hydroelectric facility on Park Board land in a highly-visible and sensitive area of the riverfront that contains many natural and historic resources.

   

While we strongly support renewable energy production through alternative sources such as wind, geothermal, and hydroelectric power, we do not support the destruction of our state’s limited and nonrenewable cultural resources for the creation of renewable energy. Although this project has been many years in development, we have yet to see the full plans for the Crown Hydro project or comprehensive evaluation of the impact it will have on the Mill Ruins area.  It is clear that this project requires significant environmental review before it can move forward, so as not to destroy one nonrenewable resource for the benefit of renewable energy generation, which could feasibly be located elsewhere.

  

We also feel strongly that Minnesota’s natural resources should be utilized in ways that are effective and sustainable. Based upon an analysis of the project by engineer John Gulliver (attached), the proposed location for the Crown Hydro project is very problematic. His assessment concludes that “energy generation projections of Crown Hydro LLC are optimistic and the risks are ignored.” In addition, the flow of water over the St. Anthony Falls will be significantly reduced by the operation of the Crown Hydro project. This will eliminate the defining feature of the St. Anthony Falls Historic District and compromise one of Minneapolis’ most prominent viewsheds.

  

Most importantly, the proposed legislation will deliberately subvert the regulatory review processes established to ensure a thorough and transparent public process based on established criteria. Approving S.F. 1191 would greatly diminish the ability of local government and state agencies to assess the appropriateness of proposed projects on property that has been set aside for public use and benefit.

 

For all of these reasons, we respectfully request that you do not support S.F. 1191.

Christina Morris      

Minnesota Program Officer   

National Trust for Historic Preservation  

 

How Can This NOT Be Unconstitutional?

Could it be anymore unambigous? 

From Article XII of the Constitution of the State of Minnesota:

"The legislature shall pass no local or special law...granting to any private corporation, association, or individual any special or exclusive privilege, immunity or franchise whatever..."

Link to Article XII...

From the Minnesota State Senate:

"Short Description: Hydroelectric facility (Crown Hydro) municipal approval requirement exemption, federal regulation compliance, and Minneapolis park and recreation board approval"

This legislation is intended for the sole benefit of Crown Hydro, LLC in direct conflict with the Constitution of the State of Minnesota.

Download our flyer to for info on how you can help stop this ill-conceived project…

About This Series
Kim and I walked down to check out the location of the Crown Hydro project located in Mill Ruins Park at St. Anthony Falls.  The proximity to the Stone Arch Bridge and other important historical treasures surprised us, so I thought I'd take a rough measure - I'd "step it off".  It was 49 steps from the center of the proposed Hydroelectric facility to the foot of the Stone Arch Bridge.  I decided to dig a little deeper.  This 5 part series is the result of that effort.

49 Steps to Madness - The Crown Hydro Project

Pt 1 - Stone Arch Bridge to Be Shut Down?

Pt 2 - St. Anthony Falls to Be Shut Off 9 Months Per Year?

Pt 3 - Mill Ruins Park to Become and Underwater Attraction?

Pt 4 - Shake, Rattle & Ruins

Pt 5 - State Planning a Hostile Takeover of Minneapolis

Update on Tuesday, May 17, 2011 at 7:40AM by David Tinjum

Please attend the Minneapolis Park Board meeting May 18 at 5:00 PM to show your support for stopping this ill-conceived project.

Contact your elected officials and ask them to drop their support...