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PL 11/20/1974 - 31176^� � CITY OF FRIDLEY PLANNING COMMISSION MEETING NOVEMBER 20, 1974 PAGE I CALL TO ORDER: Chairman Fitzpatrick called the meeting to order at 7:40 P.M. ROLL CALL: Members Present: Fitzpatrick, Members Absent: Non,e Others Present: Darrel Clark, APPROVE PLANNING COMMISSION MINUTE5: Drigans, Blair., Lindblad, Harris Community Development Administrato� NOVEMBER 6, 1974 MOTION by Drigans, seconded by Harris, that the Planning Commissioi approtne their minutes of the November 6, .Z974 meeting as written. Upon a voice vote, aZl voting aye, the motion car�ied unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTFOL SUBCOMMITT�E MINUTES: NOVEMBER 7, 1974 ' . Motion by Harris, seconded by Drigans, that the Planning Commission receive the minutes of the Bui.Zding Standards-Design Control Subcommittee meeting of November 7, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: NOVEMBER 13, 1974 MOTION by Drigans, seconded by Harris, that the Planning Commission receive the minutes of the Board of Appeals Subcommittee meeting of November 13, 1974. Upon a voice vot�� a11 voting aye, the motion carried unanimous.Zy. VISITORS: Mrs. George Bacon, 1336 Hillcrest Drive N.E., said she just wanted to take a few minutes of the Planning Commission time because she had vowed during the last election campaign that she would do this. She said she strongly believed that campaign signs should be abolished in Fridley. Her reasons were; they certainly weren't beautiful, they don't enhance ou� environment, they are very costly, and she hadn't done any research as to their efficiency. She said she thought it would be very nice if someone would propose an ordin- ance to abolish campaign billboards and boulevard signs in Fridley. She said that in her own neighborhood, there was a lot of juvenile vandalism of these signs during the last campaign. Mr. Harris said Whzte Bear Lake had passed such an ordinance. Someone took them to court on it, and it was declared unconstitutional. He said he agreed with Mrs: Bacon's reasons for not having them, but n he was not sure how they could be controlled without denying people ' their constitutional right of free speech and freedom of expression. Mrs. Bacon said she had heard that Blaine had such an ordinance. Planning Commission Meeting - November 20, 1974 Page 2 /"`� Chairman Fitzpatrick said he didn't know about Blaine, but he knew some cities had ordinances banning signs, and he didn't know if those had been challenged. He continued that he has lived in Fridley for 18 years and this is the first year he had observed so much vandalism of campaign signs. Mrs. Bacon said she just wanted to plant a seed, so the Planning Commission would at least-consider having such an ordinance. She thought it would even be worse when there was a national election. Mr. Harris said we could probably control the length of time that they are up. Mr. Clark said the sign ordinance says they have to be xemaved seven days after the election. Chairman Fitzpatrick thanked Mrs. Bacon for coming and expressing her views. 1. REQUEST FOR A LOT SPLIT, L.S. #74-16, GORDON Ro PETERSON: Split off the Northerly 25 feet of Lot 25 and add it to Lot 26, Block 16, Plymouth Addition, to make a 65 foot building site, the same being 4565 3rd Street N.E.� " Mr. Gordon Peterson was present. Mr, Harris said that this had been before the Plats & Subdivi- � sions-Streets & Utilities Subcommittee the previous evening. He said that although the lot split would make a 65 foot lot, there is enough depth to the lot, so that it will exceed our 9,000 square foot minimum requirement. He said this lot will be 188 feet deep, and that if at a future date, Mr. Peterson should want to split his remaining property, there could be two more building sites, one 65 feet and the other 70 feet, where Mr. Peterson`s�house is presently located. He said the Subcommittee couldn't see a better way to split this property. Mr. Clark said the survey shown in the agenda was made in June of 1960, before University Avenue was widened. He said Mr. Harris gave the depth of these lots as we had them at the Subcommittee meetings, but the Highway Department has taken property almost up to where the alley is shown on the survey, so this property is only 144 feet deep, plus or minus a little. This would still make the lot about 9,360 feet. We did ask Mr. Peterson to grant a 12 foo� easement for drainage and utilities where the existing power poles are located, and these lines go over the existing garage. As this is an existing structure, we would allow this garage to encroach on the easement. Mr. Fitzpatrick asked when the alley was vacated? Mr. Clark said it was several years ago. When this was vacated there was a stipulation that a drainage and utility easement be kept, but there ^ are two different legal opinions on whether the City can do that or no�. Until this is clarified, he thought we should ask for the 12 foot drainage and utility easement being granted along the entire 200 feet of property that Mr. Peterson owns. Mr. Drigans said he didn't see how they could make a fair Planning Commission Meeting - November 20, 1974 Page 3 assessment of this lot split when �''1 survey. Mr. Clark said this was South dimension of the 200 feet, It just wasn't up to date as far Highway Department. � � they didn't have an accurate an accurate survey in the North- and the location of the buildings. as to that part taken by the Mr. Drigans said then why wasn't there an up-to-date survey of the property we are being asked to split. Mr. Clark said it was because Mr. Peterson didn't supply us with one, but it wasn't uncommon for someone to get concept approval before they go to the expense of a survey. He said he thought there was•enough shown on the survey so that we could tell the peti�ioner whether the Planning Commission approves of this concept or not. Mr. Drigans said the petitioner wasn't asking for concept approval. Mr. Clark said this property would have to be surveyed before a building permit would be issued on this lot. Mr. Clark said he thought the Highway Department had taken about 42 feet more of Mr. Peterson�'s property. He said the highway was widened in 1965, and this was probably when they took the addition- al right of way. Mr. Clark said there is another existing structure south of Mr. Peterson's house. Mr. Peterson said this was a double garage which he built with access to Third Street N.E. The other garage on.his lot was one he used when he still had access to University Avenue. After the highway was widened and the freeway fence put up, he no longer had access to this garage and uses it for storage. Mr. Fitzpatrick said this old garage was three feet from the present back property line and three feet from the new sideyard line. Mr. Clark said this was code. Mr. Drigans asked Mr. Peterson if he had discussed this with his neighbors? Mr. Peterson said he hadn't, but thought they had been notified of this request. Mr. Clark said there was no notifica- tion of neighbors on a lot split request. Mr. Fitzpatrick asked how old the houses were that were north of Mr. Peterson's property. Mr. Peterson said he thought they were built in 1965 and were about nine years old. Mr. Clark said the houses across the street were built in about 1955. Mr. Harris said the Subcommittee thought this was the best use for this parcel. If the 5 lots had been split in half, it would have made two very large lots, and by doing it this way, there was a possibili�y that the remaining property could be split into two lots, which would make two 65 faot lots, with a 70 foot lot in between. Mr. Fitzpatrick said he knew it was the practice on lot splits not to notify neighbors of the request. He said he didn't have any Planning Commission Meeting - November 20, 1974 Page 4 ^ objection to this lot split, but he did,question this policy. He said he thought the people who had homeson the 80 foot lots might want to know that there was going to be another home built between Mr. Peterson's house and theirs. He thought maybe the procedure should be reviewed, as it seemed we notified the neighbors om things � of much less consequence. /�� ^ Mr. Clark said this property was plattea prior to 1954 and at that time the minimum lot size requirement was 50 feet. The second garage was built before we had an ordinance saying the second accessory building needed a special use permit, al�o. Mr. Peterson Mr. Clark said he �ire or wind, etc. he had to rebuild the easement. asked if he could leave his garage in the easement. could unless this garage was damaged over 50o by Mr. Peterson said he was agreeable to this. I£ the garage for some reason, he would move it off MOTION by Harris, seconded by Bl�ir, that the PZanning Commissian recommend to Council approval of the request for a Zot split, L.S. #74-16, by Gordon R. Peterson, to split off the Northerly 25 feet of Lot 25 and add it to Lot 26, and spZit off the Northerl,y 25 feet of any existing Lot 6 and add it to Lot 5, Block 16, Plymouth Addition, to make a 65 foot building site, that is split all the way back to the freeway fence, the same being 4565 3rd Street N.E., wi�h the stipulation that before this goes to the City Council,�a new survey be made of Lots 22 through 26, and any property left o� Lots 5 through 9, B1ock 16, PZymouth Addition, showing the existing conditions on these Iots, and the dedicati�on of a 12 foot draznage and utiliiy easement, the existing garage being allowed to encroach on this easement. Upon a voice vote, a11 voting aye, the motion carried unanimously. . 2. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRE- LIMINARY PLAT, P.Se #74-06, ZANDER'S 1ST ADDITION, BY DAILEY HOMES, INC.: A replat of Lot 3, Auditor's Subdivision No. 92, except the North 169 feet of the West 164 feet thereof, located 5outh of 61st Avenue N.E. between Benjamin Street and Mc Kinley Street N.E. Public Hearing open. Mr. Howard Nystrom was present to represent the petitioner. Chairman Fitzpatrick said the Planning Commission continued this request with four stipulations. They are (1) Request that the petitioner have all the surveyors of this property come up with a solution to the survey discrepancy, (2) That the drainage problems be worked out to the satisfaction of everyone concerned, (3) Request a legal opinion from the City Attorney, that if the two surveys are not in agreement, would the City in approving the final plat, make that survey binding, and/or can final approval be given to a plat if there remains a survey discrepancy, and (4) Petitioner to provide a cross section of how he proposes to terrace the South property line. Mr. Clark sai� the first stipulation had been resolved. Mr. Planning Commission Meeting - November 20, 1974 Page 5 ,�'1 Dailey's surveyar and Mr. Korin's surveyor rechecked the survey with electronic equipment, and Mr. Korin's survey is the one they will use on the plat. They will accept Mr. Korin's irons on the South property line. Mr. Korin said he was satisfied with the survey. Mr. Clark said that on the second stipulation, there has been a regrading of the plat, and only 1/2 acre of the plat will drain to Benjamin Street or drain out the easement to 61st Avenue. This is a plan approved by our Engineering Department. In order for Mr. Korin to get water in his basement, we would have to get 2.3 inches of rai� with no percalation into the ground and no ou�fall, or a 23 inch snow melt, with the storm sewer and the drainage easement plugged at the same time. Mr. Korin said he would still have water sitting in his back yard. Nir. Clark said that many yards in Fridley have water sitting in them under certain conditions. He said that probably the only way Mr. Korin would be satisfied was if Lot 1 on the pl�t wasn't built on, and the big pothole be left to'drain the water. The only other alternative Mr. Korin would have, would be to r�grade his yard to drain it to the north. Mr. Korin said that if the Engineering Department said that n with this plan he wouldn't get water in his basement, then he would have to take their word for it, and accept this drainage plana He said he still would only want a 1� foot cut on his property for the drainage easement to 61st Avenue. He said this should just be a relief valve and not a complete drainage system. Mr. Clark said that on the third stipulation, the City Attorney said that a plat couldn't be approved where there was a survey dis= crepancy. Mr. Clark said that on the revised plat dated November 11, 1974, the south property line of the plat shows a three to one slope with a retaining wall. Mr. Harris asked what material would be used in this retaining wall. Mr. Nystrom said it would be railroad ties. Chairman Fitzpatrick said all four stipulations have been resolved. Mr. Korin said he would be watching the storm sewer to see if it froze up. Mr. Harris asked the petition if when he dedicated the easement for the storm sewer, if he could deed the storm sewer itself to the City. Mr. Clark said the City had steam equipment to open the catch basin if it froze. Mr. Blair said he thought there should be some �greement to �..,1 have the City maintain this catch basin. Mr. Harris said if the storm sewer was dedicated to the City, the City wouldn't have the problem of maintaining private property. Mr. Nystrom said they would do that. Planning Commission Meeting - November 20, 1974 Page 6 � Mr. Harris said the Plats & Subdivisions-Streets & Utilities Subcommittee had made some stipulations for this plat,.which sh�uld: be checked to see if they have been met also. They were; (1) Survey problems must be resolved, (2) Provide an easement for the storm sewer � as shown on the plat, (3) Provide an easement aldng the rear lot line: for other utilities, (4) Solve the drainage problems with Mr. Korin, (5) Provide one tree per lot, 2 inches in diameter, (6) Reduce the street dedication for 6Zst Avenue from 25 feet to 20 feet, so Lot 6 will have the required 80 foot front footage, (7) Provide under- ground utilities. ' Mr. Harris said that all these stipulation.s had been met or were shown on the November 11, 1974 preliminary plat, except for stipulations 2, S and 7. MOTIDN by B1air, seconded by Harris, that the Planninq Commision close the Public Hearing on the consideration of � preliminary plat, P.5. #74-06, Zander's Zst Addition, by Daile� Homes, Inc. Upon a voice vote, a12 voting aye, the motion carried unanimously. MOTION BY Drigans, seconded by Blair, that the Planni•ng Commissior. recommend to Council approval of the preliminary p1at, P.S. #74-06, Zander's Zst Addition, by Dailey Nomes, Inc., dated November 1Z, 1974, being a replat of Lot 3, Auditor's Subdivision No. 92, except the North 169 feet of the West 164 feet thereof, located South of 61st � Avenue between Benjamin Street and Mc Kin1e� Street N.E., with the following stipulations: . 1. Provide an easement for the storm sewer and dedicate the storm sewer to the City, recommending that the City maintain the same. • 2. Provide one tree per Zot, 2 inches in diameter. 3. Provide underground utilities. 4. A swale be provided between Lots 1 and 2. Mr. Korin said he would want the storm.sewer put in before they fill in the Ytfl le-on Lot l. Mr. Nystrom said they would do that. UPON A VOICE VOTE, a11 noting aye, the motion carried unanimously. 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #74-07, REAL ESTATE 10 ADDITION, BY FRANCIS J. GIRDLER: � replat of Lot 5, except that part thereof lying West of the Northeast- erly right of way of the outer drive of State Trunk Highway #65, and except that part thereof lying East of a line drawn from a point in the North line of said Lot 5, distant 1505.96 feet West from the Northeast corner thereof to a point in the South. n line of said Lot 5, distant I393.62 feet West from the Southeast corner thereof, Auditor'� Subdivision No. 25, generally located on the Northeast quadrant of Intersta�te 694 and Highway #65 N.E., the same being 951 Hillwind Road N.E. �� �"'1 /"1 � Planning Commission Meeting - November 20, 1974 Page 7 Mr. Girdler was present. MOTION by Drigans, seconded by Harris, that the Planning Comrnis� sion waive the reading of the Public Hearing notice on the consider- ation of a preliminary p.Zat, P.S. #74-07, Rea1 Estate 10 Addition, by Francis J. Girdler. Upon a voice vote, a.I1 voting aye, the motion carried vnanimously. Mr. Clark said this parcel of ground was rezoned.a few years ago, and one of the stipulations of the rezoning was that it be platted to eliminate the lengthy legal description. What Mr. Girdler was doing noW will satisfy fhat stipulation. He said the Plats & Subdivisions-Streets & Utilities Subcommiictee met on this November 19, 1974 and recommended approval of the plat but recognized the problem of getting the sanitary sewer easement for service to this plat for the proposed structure. r4r. Girdler doesn't own the property where he needs this easement, and hasn't been able to get permission from the owner of the property for this easement. �ir. Girdler said they had this property rezoned from R-3 to CR-1 so they could build an office buildj.ng. The neighbor didn't want this property rezoned, so he wouldn't cooperate with them in giving this easement. He said they wanted to get this platted in case they had a buyer for the property, and if they can't get the easement for the sa�itary sewer themselves, it would allow the City time to go through the condemnation proceedings for this easement. Mr. Harris said that the obtaining of the sewer easement was the only problem the Plats & Subdivisions-St.reets & Utilities Sub- committee found with this plat. It would be cleaning up a long and lengthy legal description, so they recommended approval of the plat, with the stipulation that the problems with the sanitary sewer ease- ment be resolved. They felt that Mr. Girdler should try to obtain this easement and the City should become involved in it as'a last resort, which would be a more expensive way to get the easement. Mr. Girdler said they haven't offered their neighbor any money as pet for this easement. He said that if this neighbor granted the easement, it wouldn't create any problems for the owner of the property. He said that when they were ready to put up a building, they have to negotiate then. Chairman Fitzpatrick said this easement would have to be avail- able before we can recommend approval of this plat. Mr. Harris said the plat is unserviceable without the easement. Mr. Girdler said that this was not a stipulation of the rezoning, they just said it had to be platted. Mr. Clark said this was one of the requirements of the platting ordinance. Mr. Harris said it wouldn't be fair to have you se�l this property without an easement for sewer service. Mr. Girdler said they bought it without sewer service. Mr. Girdler said that if the owner, Mr. Gearman, held out and would not give them the easement, then it would be up to the City °-� . Planning Commission Meeting - November 20, 1974 Page 8 ^ to get this easement. Mr. Clark said that perhaps a compromise could be worked out where the Planning Commission could recommend approval of the plat, subject to the sani�ary sewer easement problem being resolved. When it goes to Council for final approval, the plat would not be signed until the ��titioner had obtained the easement, or the City had gotten it through condemnation. Only the Council can pass a resolution for condemnation proceedings. Mr. Clark said that he has told the petitioner that if this has to go through condemnation proceedings, it will cost at least $1,000 for court costs and legal fees which will be added on to the cost of the sewere He said that maybe if Mr. Girdler offered Mr. Gearman money for this easement, he would still be saving money in the long run, if Mr. Gearman would agree. Chairman Fitzpatrick said that he thought it was one of the purposes of the Planning Commission to solve as many problems as possible be£ore things were passed on to the Council, and he feels this is one of the problems they could solve at this level. He said he didn't see any advantage of passing this to Council unresolved, because it wouldn't really speed things up in the end. Mr. Clark said the only difference was that if Mr. Girdler could not obtain the easement, only the Council can initiate condemnation proc.eedings. � Mr. Drigans said he agreed with Mr. Fitzpatrick that this should be resolved,if possible, by the Planning Commission. He asked if this sanitary sewer service couldn°t come from Hillwind? Mr. Clark said that as you go south from this property, the lots are much lower in elevation, so that to service this lot, the sewer would have to to 30 to 40 feet deep. It would be much cheaper to service this lot from the extension�of Polk Street. • � �"1 Mr. Lindblad said he felt the sanitary sewer problem has been resolved. It has to be one of two things. Either Mr. Girdler gets the easement from Mr, Gearman, or the City has to go through condem- nation proceedings. He couldn't see any advantage in continuing this for two weeks. Mr. Fitzpatrick said the advantage would be if Mr. Girdler could come back with an easement. Mr. Girdler asked why Council allowed this to be rezoned knowing there was no sewer available. Mr. said the_ replatting was being done just to simplify the legal d�scription, and he had no objection to that, but now they were being hung up again by the same Mr. Gearman, who opposed the rezoning in the first place. Mr. Fitzpatrick said he didn't know what Mr. Girdler wanted the City to do. If you think this will be going to condemnation proceed- ings, in any event, then we could just recommend approval �.f the plat with the same stipulation that the sanitary sewer easement be resolved. We feel that another try should be made to get the easement yourself, because this will be less bothersome to both you and the City, and would cost less in the long run. Mr. Girdler said he really didn't care much for either answer. It was going to be costly to run the sewer from Polk Street, no matter _ , _ �� r"1 � PZanning Commission Meeting - November 20, 1974 Page 9 how it was resolved, and he thought the sewer could come from Hillwind. Mr. Clark said it could, but this would be even costli.er because of the depth it would have to be. Mr. Girdler said they are renting an office building now and have a lease for three more years, so they wouldn't be building on this lot for s�me time. Mr. Drigans asked why they were going through the platting procedure at this time then. Mr. Girdler said they started over a year ago on this plat, but it had taken a Tong time. Just the survey cost $1800. In the meantime, it became neces- sary to rent a building. Mr. Drigans said that if this plat was held up for awhile now, it wouldn't delay them as long as they still had three years on their lease. Mr. Harris said that Mr. Girdler was in real estate and would know that a property served by a sanitary sewer was worth more and would make the property much easier to sell, if they should decide to sell this property. Mr. Girdler said he wouldn't sell the property unless this easement problem was resolved. Mr. Harris said that was what the Planning Commission wanted to have done. Mr. Girdler said that if they did decide to use the property themselves,it would be about three years before they could build. He didn't like to have any more money,in this property at this time. Mr. Harris said he could see his point, but in good conscience he couldn't vote in favor of this plat until the easement problem was resolved.. He thought the best thing to,do would be to table this for awhile, to give Mr. Girdler a chance to see if he couldn't get Mr. Gearman to change his mind. The hearing and everything would be over with, at this level. Mr. Girdler said he wasn't in any hurry and was agreeable to this. MOTION by Harris, seconded by Lindblad, that the Planning Commission table the consideration of a pre.Ziminary p1ai, P.S. #74- 07, Real Estate 10 Addition, by Francis Girdler, being a replat. of Lot 5, except that part thereof Iying West of the Northeasterly right of way line of the outer drive of State Trunk Highway #65, and except that part thereof Zying East of a I.ine drawn from a point in the North line of said Lot 5, distant I505.96 feet West from the North- east corner thereof to a point in the South Zine of said Lot 5, distant 1393.62 feet West from the Southeast corner thereof, Auditar's Sub- division No. 25, generally Zocated on the Northeast quadrant of Inter- state 694 and Highway #65 N.E., the same being 951 Hillwind Road N.E., until the petitioner can resolve the sanitary sewer easement with the adjacent property owner. Upon a voice vote, a11 voting aye,.the motion carried unanimovsly. 4. DISCUSSION Mr. Drigans said he noted in the Council agenda of November ^ 18, 1974 that there were communications from the League of Women Voters and the Fridley J.C.'s on the armory proposal. He would like to request that the Planning Commission get copies of these. -�, �- Planning Commission Meeting - November 20, 1974 Page 10 Mr. Drigans said he would also like to request that the ^ Planning Commission receive a copy of the Council agenda so they would know what was going to go before the Council. Mr. Clark said he would see that they got these agenda sheets, if they were ready in time. ,� 5. ENVIRONMENTAL QUALITY COMMISSION DISCUSSION Mr. Drigans said he had attended the meeting of the Environ- mEntal Quality Commission on November 19, 1974. He said he was late for this meeting, but at that time the discussion was on the structure of the Environmental Quality Commission and the role they should play inter-relating with the other Boards and Commissioris. Their feeling was that they were not being used to the best possible advantage to the City. He said three members of the City Council were there. Mr. Drigans continued that there were two organizational charts with possible ways the EQC could be used. The first chart was that they continue to report directly to the Council as they are now doing. The other one was that they become a Sub�ommitee of the Planning Commission and their Chairman become a�member of the Planning Commis- sion. There was also discussion as to some �ype of policy ordinance being developed whereby the Environmental Quality Commission would be used by the City as a viable commission in the area of environ- mental concerns. Mr. Fitzpatrick said the Planning Commission had met with the Environmental Quality Commission last spring when these two points were made, but at that time they weren't sure just which way they wanted to go. Mr. Drigans said there was a paper submitted at this meeting stating how the Planning Commission and other Boards were established. Mr. Fitzpatrick asked if the Environmental guality Commission had decided which way they wanted to go now. Mr. Langenfeld said there was no motion made at this meeting. Mr. Langenfeld gave Mr. Fitzpatrick a copy of this paper. He said the first pages were just exerpts from the Code and the City Charter on how the other Boards and Commissions were s�arted. He asked Mr. Fitzpatrick tQ read the fourth and fifth page of this paper to the Planning Commission because he thought it would answer a lot of questions. Chairman Fitzpatrick read as follows: Re: Seat on the Fridley Plannin� Commission--Pa�e �F--Navember 18, 197!} Statements and Conclusions and Questions � The_Plannin5 Commission is made up of both Commission Chairme � Sub committee Chairman. n and The Plannin� Commission is not made up of a limited number of chairs. as are o�her commissions. � �� Planning Commission Meeting - November 20, 1974 Page 11 The Plannins Commission is charged with �he responsibility for'con- ^ tinuous community plannin�. Community plannin� must in this deca'de of the seventies include as one of its prime concerns the total environment of the Commu�ity. � The Chazrman of the Parks and R�crea�ian Commission is appoin�ed by the Code as a member of the Planning Commission. The Parks and Recreation Commission is not a s�b-committee of the Planninb Commission. The Chairman of the Fridley Environrnental Quality Commission (FEQC) is not appointed by code as a member of the Plannin� Commission. The FE�C is not a sub-cor.imittee of the Plannin� Commission. Ts it to be assumed that the FEC�C is of less ir,zportance to the City of Fridley and are Parlcs and Recreation. � Is it to be assurned that an Environmental commission has less to offer than does Part:s and ��creation. � �Is the 'environmen� of Fridley imporLant enou�h so �ha� it should be at all times considered as � part of the fu�ure. plannin� of Fridley. Can the FEQC have a useful znput into the plannina of �he City if . they only receive in.i orrr:ation Gfter �he fac� and are not allo:•aed to vote on an issue aL- hand even if i� may vitall;� affect the environ�?en�. �Sf tlie F'E�C is not to Ue allovaecl a seai, on the Plannin�;� Commission; 'f _ the r��;�;G � s not to be allotivec� �0 1zelp rr:ake decisions about the futur�: of I�'ra.dley; and, because L-l:e enviro�rnent encornpasses alI phases of � ��t:,r �� X�'-fe and is beco�;,_�n� more �and morP ? mport�nt as populatio;, � n-- creases, no�se increases, open space.decreases, etc.; perhaps f;hen all dec:is�_ons �t�d conclusians oi' other corncnzssion� and sub-co;,�rnitteas should be rout�n�13T routed to thc Environmenta]. �uali�y Commission for the:ir bl.ndin�; approv�zl and accep�ance and fortivarding to the �ity Counci].. �I �•aould noi. prefer �o see the abave happen. The Plannin; Commis�ion 3s an e;:cellent con:t�lssion and has done an excellent „ob for the Ci�;; of ��'ridle;� in its plannin� to daie. Hoti,rever, as Prlc�lcy at�d the world gro:�r, more and rnore thin,_� have to be talcen in�o eonsicier,aLa.on. A person i��ho has i:,ade the enviranmen� his special I�no�aled:�e ��ould be of invaluat�le �iid to the Plannin:� Co;:�rnission in ior�in� and decidin� upan poll.c�r, Ea LnvironmenLal aua�ity Con:r:�ission ti�:h�.ch can be i�nored or not u�ed aL all is of little value to anyone. � The quest�.on no�•� i.s: Does the City Council ot the CiLy of Frid'!ey wish the Envi.ronmental �uality Cominission to be a usel'ul and use�cl advisary body to the City Council, or does i� simply wish to have a hi�h-soundin� but powerless and i;;nor�c� buncii of citizens sittin� around in the Community Room on every third Tuesday of the month? q..�.� _ Mary Martin Fr3.dley Environmen�al Quali�y Commission -�...a,�F? ,: Planning Commission Meeting -�ovember 20, 1974. Page L� � Mr. Drigans said that when he was at their meeting, it was � his feeling that the members themselves were in disagreeme�t as ' to the best level to follow. Mr. Langenfeld said he thought it was the concensus of the EQC that they have a direct advisory capacity to the City Council. They would like some policy made where major items, things that have a drastic effect on the City� be funneled to the Environmental Quality Commission before the fact, instead of after the fact. Chairman Fitzpatrick said the Planning Commission get things after the fact also. Only the Plats & Subdivisi�ons-Streets and Utilities Subcommittee makes recommendations to the Planning Commission All the other Boards and Commissions recommendations go directly to Council, and the Planning Comm�ssion only receives their miriutes. Mr. Langenfeld said the EQC would still like the Chairman af the Environmcntal Quality Commission to be a member of the. Planning Commission,�but they would report directly to Counc.il. Chairman Fitzpatrick said it was his op�:nion that the Planning Commission would benefit from input from the EQC, and that might best be served by having the Chairman of.the Environmental Qualii:y Commission sitting on the Planning Commission. Mr. Fitzpatrick said we often send things down to a subcommittee, and the Chairman of the EQC could make tha-t recommendation also, if he was a member of the Planning Commission. Mr. Drigans said it seemed to be a consensus of opinion from �gme. of the members af the Environmental Quality Commission that every time a shovel wa� taken to the ground in Fridley, they want to prepare an environmental impact statement. Chairman Fitzpa�rick said that he thinks what they are aslsing for is that certain things be routiriely routed to this Commission. Mr• Drigans said the various Boards and Commissions are drawn from different parts of the Code and the City Charter. He said that when the Planning Commission was reviewing the Code, he thought a new ordinance should be made, to encompass all the boards and commis- sions and their structure and duties and responsibiliti:es, into one ordinance. Chairman Fitzpatrick said that Mr. Dr.igans �aas talking about an area that would need the City Attorney to put this ordinance into the correct legal language. Mr. Lindblad asked how you would define the things that should be referred to the Environmental Quality„�ommission. Mr. Drigans said this is a pretty gray area, when it.comes to noise pollution and other things that have to due with environment. Mr. Langenfeld said that if he was a member of the Planning Commission h� could flag down those things that he thought needed input from the EQC. �; Chairman Fi.tzpatrick said you would be aware of some things � Planninq Commission Meeting - November 20, 1974 Page 13 � before they happened as a member of it wouldn't insure that you would be don't come through this Commission. Chairman of the EQC became a member should be a more exp�nded definition will play in the Gity. i� �, the Planning Commission but aware of a lot of things that He thought that before the of the Planning Commission there of just what place the EQC Mr. Drigans said he had mentioned at the meeting on November 19th that the City should have some �ype of Environmental Policy Act, such as �he State has, and that until that time, the Council should pass a res�lution placing the Chairman of the :Environmental Quality Commission on the Planning Commission either as a full member or an ex-officio membere Mr. Blair asked Mr. Langenfeld i� he had seen any�hing in the Planning Commission agenda where he would have liked to have input from the EQC. Mr. Langenfeld said he couldn't think of which items they were, but he knew there had been some items. The armory was one thing. Mr. Blair asked why the �nv��o�zttental �uality Commssion would be involved in the armory request. Mr. Langenfeld said they would be destroying many natural things at the site where this armory was proposed, and other things enter into it also. Mr. Blair asked if the Environmental Quality Commission would want to know� about any large buildings that were proposed in Fridley? He said the City issued a lot of building permits. Mr. Langenfeld said they wouldn't ex�ect to see all these. Mr. Blair said the Environmental Quality Commission had picked a controversial issue in the armorye He said that if someone came in and wanted a permit for a nine acre building, this would not come through. the Planni�g Commission. Would the EQC want something like this referred to them? Mr. Langen- feld said they would, so they could determine what this would do to the all-over environment. • Mr. Harris said that at the meeting last night, and again tonight, something keeps co�ing through, and although no one came right out and said it, he go� the feeling that what they were talking about was veto. He said he felt that some of the people on the EQC want the final say on everything that is done in this town. Mr. Langenfeld said that as Chairman of the Environmental Quality Commis- sion, he firmly believed that environment and progress should go together. Mr. Drigans said the feeling he got from the meeting was that the Environmental Quality Commission wanted to look at the negative @ffect things would have on the environment. He had never heard the EQC talk about positive programs. He said the Planning Commission has long discussed a tree nursery. He said he felt that for every tree that had to be cut down in the City, that was a negative effect, there should be a tree planted, which would be a positive effect. He said we are not only talking about land, we've got sqme apartment buildings that really look dilapidated. That's environment too. He said that the meetings he has attended of the EQC, all he has heard was that some developer was leveling land, and now the armory. He hasn't heard any proposals that wauld counteract the effects of some of these things on the envionment. He said we have billbo�rds in Fridley that don't meet the code. The Envionmental Quality Commission � Planning Commission Meeting - November 20, 1974 Page 14 � should be looking at these and giving an to the Board of Appeals who will have to the Planning Commission, who will have to Special Use Permits on these billboards. �� � environmental impact statement act on the variances, and hear the requests for Mr. Langenfeld asked how the Planning Commission would vote at the present time on having the Chairman of the E�C as a member of the Planning Commission. Chairman Fitzpatrick said he would vote in favor, but he would like to see the duties and responsibilities of the Environmental Quality Commission defined first. Mr. Drigans said he would like to have an ordinance set up stating what would be routinely referred to this Commission, and until that time he would welcome Mr. Langenfeld as an ex-officio member. Mr. Harris said he would vote yes, with the priviso tha•t the final approval of decision on what would happen in Fridley be up to the City Council, who are eiected off icials, and not with the Environmental Quality Commission, who can only be an advisory group, the same as the Planning Commission and the other Boards, who were all appointed by the Council. Mr. Lindblad and Mr. Slair said they would vote yes. Mr. Langenfeld said he had told the EQC that they would be dealing with citizens, and their recommendations would have to be such as to not force anyone out of business. ADJOURNMENT MOTION by Blair, seconded by Lindb.Zad, that the PZanning Commission adjourn their meeting. Ch.airman Fitzpatrick adjorned the mee��.ng at 10:35 P.M. Respectfully submitted, C � �� . 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