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PL 11/05/1975 - 7523� • ,� .. � Nt:. n � �� r- � . ; CITY OF FRIQLFY ��'AG E�� DA . r PLANNING COMNIISSION MEETING NOVEMBER , 1975 7:30 P.M. _ � . � . . . - -- I �— CALL T� � ORD_�R: I ROLL CALL:� I, • � '', � . . _ . . .. . . . APPROVE PLAI�NTNG CO1�lMISSTON MTNUTES: OCT� ER 22, 1975 1- 14 RECEIVE ENV�P,ONh1�NTAC COMI�ISSTON N�INUTES: OCT�EEP, 16, 1975 15 - Z1 RECEIVE PAR S_& RECREATION COMMISSION MII�UJ�S: OCi03ER �7:,� 22 -?.3 1975 ' � , , . 1. CONTTNU D: REVIEW OF PROPOSED CHANGES iN CNAPTER 1�.��, 24 - 3� SWIMMIN POOLS , — . �, . 2. RECEIVE �AN� CHARNEL--T�--APR�OPRTAT� COt�1 ITTEES TNE PROPOSE� 35 - 53 r��n rc- n►r� nrn�� IITTA�f[` P/1fl'I�RiVTI1/1�I�IIt�fitTfl TMtfl�l�Y t'Tl17f"RIrRiY[` 3. PLANN I f� COMi�1I SS I ON 'REV I E'vJ OF EONfr�I SS I NS' S GOALS A�it� , OSJECTI ES �� - . � 4. CONTT�NU D: RE1tIf4J .3.2 BEER LICENSE RE UIREPtENTS No acti�n needed - Wait for input from Human �cesourc�s � Commissiion, Ccmmunity Dzvelopr�ent Comm'ssion and Envi�°- onmental'� Co►:�-,ission �. � � r �� Lg� �� C �� ,° i � �� , ,� : � � � ;g�ing s��arat� pack�i) , Planning Commission Meeting - October� 22� � 1975 �.: :�-: - �-- Page 2� Bozy, who is' the Human Resources direct r of the Metropolitan Gouncil. He said � he would appreclate it if other members f the Planning Commissian could come to this meeting so they could see what t e Human Resources Commissions were doing in other communities. He said there wou,d be seven communities represented. ^ UPON A VOICE VOTE, a11 voting aye, the RECEIVE MI THE SPECIAL PARKS & ion carried unanimo�sly. REATION COMMISSI MEETING OF Mr. Peterson said it might be of int rest to the Fianning Com�nission that there seems to be a movement �in the Park� & Recrea�ion Commission toward. the philosophy of providing facilities rathe than park programs. There were a couple of reasons for this. One was to �ave the Eity's resources, and the other reason was that it allowed the people to have the type of program that they particularly liked. Ne said he thought 't would alsa be correct to say ihat this was not a unanimous consensus of the Par s and Recreation, but it was the majority at this time. He said that as the Plannhng Corr�nission studied iheir goals and objectives, they would note that they we�e more facility oriented than program oriented. , MOTION by Pe�erson, seconded by Se the minutes of the Parks & Recreation< 1975. Upon a voice vote, a11 voting a 1. TRANSFER OF SPECIAL USE P , that the Planning Commission receive mmission special meeting of Oc�ober Z4, the motion carried unanimously. , SP # 4-07 FROM CLIFFORD ANDERSON T0 FRED DY: Located at 6385 University Avenue N.E. Mr. Fred Anderson was present. ' Mr. Harris said this special use�perlmit had been issued to an individuai, andwnow this business was under differer�t ownership. Mr. Anderson said he wasn't aware t at he needed a special use permit for his business until a couple of months a o when he had an occasion to come into City Hall. He was informed of this at hat time, and was told that thi.s would be placed on the Planning Corr�nission ag�nda. � Mrs. Wahlberg asked what effect thi� would have on the ariginal stipulation on the special use permit that this be ssued to Clifford Anderson only. She said she would interpret that to mean that F ed Rnderson should have made a new appli- cation for a special use permit. She a ked if administration had addressed themselves to the problem that it appea s that Mr. Fred Anderson has been operating this business for over 9 months without a valid special use permit? Mr. Boardman said it was thought th t the name could be changed on the Special use permit because it was exact y the same operation that had been approved on the original special use pe mit. He said the Gity had received no complaints on this operation, and the p esent operator of the business was living up to all the stipulations of the origimal special use permit. � Mrs. Wahlberg said she thought the use permit had only been granted to Cli operator of the business, so she didn't kind of decision. �tipulation was very clear that the special Fford Anderson as long as he was the see how administration could make that I . �"y � � Planning Commission Meeti Ocfiober 22, 19�75 . - Mr. Peterson asked if when a special us� if there was anything put on a deed or a li� aware that a special use permit was needed? any license required, and this property was was no record on the deed anyway: Pa_ qe 3 permit was issued to an operator . ense, so a new operator would be Mr. Boardman said there wasn't leased, not purchased. He said there Mr. Peterson asked if there was any way�a prospective buyer could be made-aware f' that a special use permit was need�d? Mr. oardman said that he felt that anyone � contem�alating operating a business in Fridl�ey should stop at City Hall to see if � there were any special things needed to opelrate that business. He said the only � way that staff could stay on top of these t�hings would be to �o to an occupancy � permit. He said they would need three or mjore inspectors if the City was going � to require an occupancy permit every time a� business changed hands. Mr. Harris said he made the original m�tion baekthatMthere�wa97concernlabout thE feeling of the P1anning Commission at �nat t�m the operatio�� of this business, and they ti�ought that Mr. Clifford Anderson would y abide by'the stipulations of the special u e permit, but they didn't know what i subsequent operators would da, and they ma� not have operated the business in � r the same manner. T his was w h y t h e s pecial use permit was tied to the operator 4 of the business instead of to the property He said there was limited parking K on this property and they didn't want unre aired cars standing around,�or.parts � from cars thrown around outside of the bui ding. He said he thought that they felt at that time that they would want a n�w owner to come in and apply for a new special use permit. �, � Mr. Peterson said he agreed with the p'Irevious�recommendation, but it then seemed to him that the City shou1d set uplsome type of system so they would be aware of when a business changed hands. ,, Mr. Boardman said he didn't see how thjis coned aeshec�ialdusedpermht,pheSthought� '. conditions, but if the City did deny the ►�ew ow p the new owner would have'legal recourse fr�om the past owner because he hadn't made him aware of this special requiremen�. ; Mr. Langenfeld said we could probablyladd anotheotiflpthetnew owner�thatEthis ' event this busir�ess was sold, the present,operator n Y business required a special use pe�uldn'�raddastipulat�ionsatolthehoriginal�special to be handled as a transfer, they co use permit. They would have to have a ne request to change stipulations. Mr. Langenfeld said it was mentioned in the original minutes that this operation had to be ehecked by the Fire Marshall an the Electrical Inspector to make sure everything was up to Code. He aske� if this business was still up to Code? Mr. Boardman said he was sure that it was. e.said there would be periodical inspec- tions made by the Fire Marshall because f the paint booth. Mr. Scott said that he agreed that tl special use permit requested by the new seem that the new owner was fulfilling t use permit. Mr. Harris said he felt he present awner as long as he was operatin use permit. �re probably should have been a new �ner, but from the discussion it would e stipulations of the original special idn't want to cause a hardship for the under the stipulations of the special MOTION by Scott, seconded by Peterso�, that the Planning Cammission recormnend to Council approval of .the name transferl from Clifford Anderson to An:.:Kop�.�►u�o� �$�d� n � Planning C ission Meeting_- Octo on Special Use Permit, SP #74-07, for 1975 4 5 University Avenue N.E. � Mr. Scott said he thought the Ptann ng Corrqnnission was going to have to address itself to this kind of problem n special use permits. He said he was sure that the staff did not let this ha pen on purpose, and there should be some way the problem could be handled. , Mr. Harris said he could foresee a Auto Body, because this business could nam�. He thought the special use permi individual rather than by business name Mr. Scott said he would WITHDRAW hi WITHDRAW his secand. roblem in transferrin� the name to An Kop hange ownership and sti11 keep the same should be transferr.e�from individual to otherwise we would lose control. motion. Mr. Peterson said he wouZd Mr. Anderson said he ran his busine�s on a car in and car out basis. He had to repair pr paint one car a day injorder to stay in business. Ne said he would like to find a larger area for hi� aperations, but this wouldn't be f�r one or two years. He said his lease rar� from month to month. He said this was his first business venture, and he had learned a lot in the past year. He said he was young, but that regardless of hi age, he still should have been made aware that he needed a special use permit by the previous owner. Mr. Boardman said he could have been faced with buyi g a business �hat could not have continued if a special use permit had been denied. Mrs. Wahlberg explained to Mr. Anderson that the questions the Planning Commission had were not directed against him. It was just a problem they were trying tq resalve amongst themselves. She asked that a copy of the stipulations on thislspecial use permit be given �o Mr. Anderson. Mr. Anderson read them, and said he woulld agree to all the stipulations. Mr. Boardman said that sending out renotification of an existing Special Use�Permit would not accamplish much. e thought the main concern shouid be that the present operator :had kept this a cl�an op.eration. Mr. Scott said he wauld like to seelFred Anderson be allowed to cantinue his business, but how it could be handled, t�e didn`t know. Mrs. Wahlberg said that when any Co to the best of their ability comes up w to think that this stipulation cauld be should petition separately. Mr. Harris new request for a speGial use permit, h to operate while this`process was going change any of the stipulations then thi recommend a change of name, then he tho request. Mr. Peterson said if the name was tr Fred Anderson, and all the stipula�ions with this. They could address the prob"� better as a separate issue. He said he the buyer in a case like this. He said i told that a business couldn't be operatE permit, and he should give this informai property. Mr. Scott asked if this Special Use mission deliberates on any request, and th a stipulation, then it disturbed her ignored. She felt that the new owner said if they were going ta ask for a thought the petitioner should be allowed on.` He said that if they were going to would have to be done. If we only ght that could be done without a new ansferredfrom Clifford Anderson to stayed the same, he could see no problem em of how this could have been hand�ed felt tMey had-- an obligation to protect e thought the property owner should be d on this property without a special use ion to anyone w b was going to rent this IPermit could be issued on the property? � � � Planni Commission Meeting - October 22 1975 Paqe 5 Mr. Harris said he wouldn't be in fav r of any special use on the property. They would lose all control of this opera ion then. Mr. Langenfeld said that as long as n ne of the stipulations were changed on the special use permit, he couldn't se any problem of transferring the name. He said that if they wanted the property wner to make any future tenant aware that a special use permit was necessary f r this operation, that could be a separate motion. Mr� Scott said this mot on could notify the property owner that when the present operator's lease expires' any future lessee should be made aware that a special use permit was necessary b�fore he could operate this business, and if it was going to be used f�r some other�purpose, the City should be notified.� MOTION by Langenfeld, seconded by Pe recammend to Council approval of the tra from Glifford Anderson to Fred Anderson, same as in the minutes of the Planning C an, that the Planning Commission r of Special Use Permit, SP #74-07, that a11 the stipulations stay the ssion of May 22, 1974. Mr. Harris said the reason this was thed to the operator of the business was because we were trying to eliminate m�ltiple sales of the business and ending up with an operator who was not asicareful to maintain a clean operation as the present operator was. '', . . ; Mr. Scott said that if another operat City would get complaints, and if he hadn this would be a way of closing..down a poo stipulation. Mr. Pe,terson said he wanted to speak didn't think we should place any hardshi all reports he was running a clean opera concern on how we could keep control of to individuals. Ne said that maybe the request that we get a legal opinion from controlled, and how we could give protec be aware of this requirement. � Chairman Harris directed staff to Mr. Anderson asked how long this said it would be in effect as long as any of the stipulations. r let this business deteriorate, the t applied for a special use permit, operator5 so m�ybe this was a good� in favor of the motion because he on the present operator because from ion, but he also shared Mrs. Wahlberg's pecial use permits that were granted hairman of the Planning Commission could the City Attorney on how this could be ion to any subsequent owner so he would se�k such legal opinion� � speqial use would be in effect? Mr. Harris helloperated the business and did not violate , , ; Mr. Boardman said he would like to s Hall when they wanted to start a busines any special requirements for that busine some way that the Chamber of Commerce an Mr. Boardman said if a new business requ this would be one way to catch these thi UPON A VOICE VOTE, a1Z votinq aye, the e people encouraged to come into City in Fridley to find out if there were s. He said that perhaps there would be the City could work together on this. red some type of license_or a new sign, 9S- carried•unanimously. Chairman Harris dinechem toainformta�r be sent to Mr. Ryan, the owner of this building request g' y subsequent purchasers of this business that they have to get approval of a Spec'al Use Permit before their business goes into operation. i . '� ^ ^ Plannin Commission Meetinc 2. CONTINUED: OF TNE FRI - October 22 REVIEW OF PROPOSED CHANG EY CITY CODE Mr. Langenfeld said that in reading t where the figures under Paragraph 115.01, of 3,25Q gallons came from. Mr. Boardman said that a lot of this Department of Health. He said that the has ordinances and regulations covering 1975 Paqe 6 IN CHAPTER 115,.SWIMMING POOLS is ordinance over, he wondered 2, of 250 square feet and a volume as regul ated .throuqh..the� State - erican Public Health Associatijan also ivate swimming pools. Mr.•;Boardman said the things that had�lbeen deleted and added were just to clarify the existing ordinance. ; Mr. Scott asked if the Environmental I��Commission had looked at this ordinance. Mr. Boardman said they had, a�d passed it onto the Planning Commission without a recommendation. ' Mr. Langenfeld said this was before the Environmental Commission at the same meeting as the junk vehicle ordinance. H read the motian made at that meeting which was made by Erickson, and seconded y Sporre, to pass this ordinance on to the Planning Cammission without recomm ndation. There was a unanimous vote. Chairman Harris asked if there was s� this ordinance? Mr, tangenfeld said he � these were public records. He said that asked why they were getting these ordina started working for the City of Fridley, Godes. He said he had updated the junk and the refuse code almost a year ago,�a �ime. Since he was the Environmental Of mental Commission, he thought this was a moving.�� ne reason they didn't want to �c,.t on �uld refer to the minutes;�°�`�cause after the motion was made,��Mrs. Mar�;in ces. Mr. Olson said that when he it became his job to enforce these ehicle code, the swimming pool code, d they have sat in limbo since that ' icer acting as liaison to the Environ- good way to get these proposed changes Mr. Boardman said that in reviewing �he proposed changes, that all additions were underlined, and all deletions were �racketed. The Planning Commission reviewed the discussion will only note the items wher with the proposed changes. � ordinance item by item. The following the Planning� Commission�did not agree There were questions on Section 115. 6 Fencing, which replaced section 115.09 in the existing ordinance. In Paragra h l. It read: The fencing shall effective� prevent the entrance of chil ren and be without hand or foot rails that �rould enable a person to climb over�it. In no instance, shall the `fenr_e allow a.six 6 inch diameter object to ass throu h it. The underlined sections are the additions�. , � Mr. Langenfeld asked the purpose of this was so a small child could not get fall into the pool and possibly drown. ordinance were for health and safety. Mr. Scott asked how a fence could al it. The.fence can't allow that. That's protrude from the aiindows. Mr. Boardman :he 6" requirement. Mr. Boardman said ;hrough a fence opening and accidentl,y �e said all the requirements of this low a 6" diameter object to pass through like telling a bus not to let arms •said probably the wording shouTd be ^ ^ Plannin ssion Meetin In no instance shall f.ence . . - October 2 1.975 Pa six (6� inch diame�er o6ject 6e able to pass throu�h,a Mr. Scott said when the word effectiv it seemed red�ndant. Mr. Boardman said t hold up better in court. Mr. Langenfeld s also. Mr. Boardman said he saw no proble In Paragraph 2 in this same section 1 at least 4 feet high and entrances shall self-latching gates capable of being lock ordinance says that these gates must be c no longer in the State Code. They now sa latching. A general discussion followed about t and it was the concensus of opinion that foot fence, and the requirement should b= this especially app ie o a c ain �n children could climb a four foot chain li ly was added to that first sentence, at maybe Mr. Olson thought this would id he felt this word s•hould come out in taking out the work 'effectively'. 5.16 it read: 'The fencing shall be e equipped with self-closing an�. d. Mr. Boardman said the present pable of be•ing locked, but this was they must be self-closing and self- e safety factor of swimming pools lmost any child could climb a four changed to 6 feet. They felt that nce, ecause ey thought,small k fence. There was some discussion about makin',� this a screening fence to act as a noise barrier and to eliminate nuisance�, but this was nat agreed upon by all members. Some thought this was a too�� restrictive requirment. � Mrs. Walhberg asked where safety devi especially in public pools. Mr. Boardman 115.18 where State Heaith Department rule section was reviewed in the State Health said it was her concern that there were a rings and hooks provided, and also that e 1 Mr. Baardman said that Paragraph 115. for private pools. Mrs. Wahlberg asked t regulate private pools? Mr. Boardman sai 'It was the consensus of the Planning Comn the right� of property owners were taken be protected. In Paragraph 115.23 Inspec City shall be permitted access to a11 �ut inspection of the pool and equipment at r necessary to ensure compliance with this be with owners permission or due process, Planning Commission wanted added to this Mr. Boardman said he thought this se of the pool during construction. He sai go around checking the water quality of only be for reasons of health or safety t the original construction. es were handled in this ordinance, said this was covered in`Pa�^�graph were adopted by reference. This epartmen�E rules, and Mrs. Wahlberg sufficient number of life saving ough ladders were provided. 19 was the start of the regulations y what authority the City coGld d by the authority of this ordinance. ission that in ordinances like this away. They felt these rights should tion, they want this to read: " The lic`swimming`.pools for purposes of easonable times and as often as deemed Chapter. Access to p rivate pools shall (The underlined portion being what the paragraph.} tian of the code was to allow inspection he was sure that the inspector did not rivate pools. He said that it would at these �ools would be checked after Mrs. Wahlberg asked if there was any� regulation on where you should drain ^ the water when it�was necessary to pump ater�out of a pool? Mr. Boardman said j he didn't think this was covered in the q�rdi.nance. Mr.. Harris said he wouldn't want�them to be drained into the sanitar,� sewer. Mr•. Peterson said that any one who emptied a pooT in his area would be �raining it into Rice Creek, because that . i . i _ � �'1 � � Plannin Commission Meeting -_October 22 was the natural drainage. Mrs. Wahlberg such a probl.em because any chemicals in t by the time the water got to the Creek. Mr. Harris said he was more concerned sewer, because that was metered, and the water. He said that somewhere in this or statement that the water pumped from swirr sewers. Mr. Boardman said that could prc 1975 Paqe 8 aid she didn't think that would be e pool water would be so diluted about the water going into a sanitary ity had to pay for every gallon�of inance he would like to see the �ing pools not go into the sanitary �ably be worked into the ordinance. The next section of the code th�t was�ldiscussed was 115.25 Nuisance Prohibited. This was an added section to the present Code. It read. "No person sha11 operate, maintain or permit any swimming pool that�creates a nuisance by annoying, injuring or endangering the safety, healt�, comfart or repose of the public." The Planning Commission felt the wording �hould be checked on:this section of the� code. � � . Mr. Har��is said that some of the quesltions the Planning Commissian`had on this ordinance should be answered before lit was sent on to the Council. i � MOTION by Scott, seconded by Peterson, that ihe proposed changes in Chapter 115, Swimming Poo1s, of the Fridley City Code, be continued until Nvvember 5, 1975. Upon a voice vote,,a11 voting aye, the m tion carried unanimously. 3. REVIfW 3.2 BEER LICENSE REQUIREMENTS' Mr. Sc�tt said there had been a lot olf controversy on thi�s subject, and he thought it would be appropriate to send �his down to some of the other Commissions, to get their input before the Planning Commission acts on this. He said he knew the Human Resource Commission would likelto laok at this. He thought tih� Parks & Recreation Commission would like to looklat this because of the beer consumpt�on in the parks, and also Community Developr�ent. Mr. Boardman said the key issue that'�was brought u� in this ordinance was where we should allow this type of opera�ion, and what should be the parking requirements and other related questions7. Mr. Peterson said there was a separa consump�ion in the parks, so he didn't t would be involved in this ordinance. Mr the ordinances that addressed themselves one ordinance. We shouldn't baffle tMe ordinances on beer. Mr. Langenfeld said that if 3.2 beer why can't minors have it. Mr. Scott sai were asked at the Council meeting. Mr. given to 3.2 beer by the State Legislatu Mr. Harris said that Section 603.081 phrase in it. It states that 2. Who is If applicanthas been an owner, manager o cafe, tavern or other business of a simil the applicant's past performance record be granted or renewed. � e ordinance adopted concer.ning beer ink the Parks & Recreation Commission Scott said that he thought that all to the problem of beer should be in eople with having to look up three is described as non-intoxicating, then these were the kind of questions that arris said he belived this definition was Persons Ineligible had a catch-all iot of good moral�. character and repute. ° em�loyee of a saloon, hotel, restaurant, �r r�ature, the City Council may consider in determining whether a license shall �� Planning Commission Meetinq - October 22 Mr. Harris asked how it could be deter character and repute? Mr. Scott said it c a felony. Mr. Harris said that was not ad He said the second part of this section wa this should be checked by the City Attarne Mr. Boardman said we could send this o on this aspect of th� ordinance and send i � on the zoning questions. t�r. Peterson sai Commission would want to look at this ordi the other Gommissions had reviewed it, anC on beer in the parks be combined with the at that time. Mr. Langenfeld said he woul 1 look at this ord�nance a so. , 975 Page 9 ined if some one was of good moral uld be that the person had committed ._,< iss,ible as evidence in a license hear� ng. questionable also, and he thought dinance to the.Human Resources Commission � to the Community Development Commi;ssion he didn't think the Parks & Recreation � ance at this time. He said that after if they recommended that the ordinance � ther ordinances, they could look at it � like to have the Environmental Commission� Chairman Harris directed that the 3.2',beer license requirements be reviewed by the Human Resources Commission, the Coi��iiunity Development Commissio�, and the Environmental Commission. � MOTION by Scott, seconded by Peterson,� that the Planning Commission continue the review of the 3.2 beer license requir�ments until they qet the input from the Sub�Commissions. Upon a voice vote, a1I oting aye, the motion carried unanimously. , MOTION by Scott, seconded by Peterson their rules and handle the last �tem on t vote, aI1 voting aye, the motion carried L!� RECEIVE LETTER FRON1 CHAM6ER OF CONiMER¢E MOTIDN by Lanqenfeld, seconded by Sco the letter from Edward H. Uunn, Jr., Mana dated October 9, 1975, and addressed to N Comm.ission. Upon a voice vote, a11 votin Mr. Scott said he wanted ta call ever, from the City Council meeting of October Planning Commission members and the me m bE attend the October 27th conference meetin the reorganization was working. He thoug this letter. Mr. Scott said that he thought they c economa�c Commission by making this a proj Commission, but he thought that as there representing that Commission, that they w time. He also thought this would be a go meeting with the''Council. that the Planning Commission suspend ir agenda at this time. Upon a voice animousZy. t, that the Planning Commission receive �r of the Fridley Chamber of Commerce, . Dick Harris, Chairman of the Planning aye; the motion carried unanimously.. one's atttention to the last item 0, 1975. The Mayor has asked the rs�of all Commissions tv � � of the City Council to discuss how �t this fell into the same category as uld handle this request to have an ct committee of the Community Development as no one present at this meeting uld be remiss in taking action at this d item to brin� up at the October 27th Mr. Boardman asked the purpose of briinging this item up at that meeting. Mr. Scott said it could be used to illustratel how a projeCt committee could work. Mr. Peterson asked why the decision Commission a� the time of the reorganiza active committee and it was felt that th Cornrnuni ty Devel opment al so, or el se by t as made to drop the Industrial Development ion? Mr. Boardman said this was not an s could be a project committee under e Chamber of Commerce. Mr. Scott said � � 1"'�. Plannin r.nmmitsi�n Meetin . ... .. . .� . . . . - October ` 22, �� 1975 , , : . . Page l it was in the best interests of the City �o cooperate with the Chamber of Commerce to the fullest. , Mr. Peterson said that as a member of Commission, he.just wondered what happene� that if the Planning Commission felt that it was more important thari to be a projec Mr. Boardman said he was not saying that the Community Development Commission, but be handled by the Chamber of Comrnerce. H industrial development should concern the to er�courage industrial development. Mr. he had worked for had been interested in way this had been handled had really been it was any way to encourage industrial dev something was good for the City of Fridle He said the Chamber of Commerce had no au ative of Fridley, per se; because this wa other things to do. It's main function w already in existence. the very inactive Industrial Development to it. He said it would seem to him industrial development was good, then committee under Community Dev�lopment. his should be a project committee under he thought a lot of what they did could- thought what a project commitee for iselVes with was tax financing, etc., Peterson said that one of the companies ioving their�company, and the haphazard an eye-opener to him. He didn't think �lopment in Fridley. He said that if �, then it should be structured differently. ;hority to act as the official represent- � a non-profit organization and it has �s to encourage the businesses that were Mrs. Wahlberg said she did not think lit was up to the Planning Commission to establish an Industrial Development Corr�ni�sion. That would be up to the City Council�. , . Mr. Peterson said that was true, but Ihe also thought the Planning Commission should be taking a stand as to whether industrial development was good for the City of Fridley or not. Mr. Scott said this could still be a project committee to help formulate a policy. '� Mr. Harris said he would like .to meet�' with Mr. Dunn and Mr. Mittelstadt to �find out their thinking on this problem.' He asked Mr. Boardman to coordinate a meeting time, and to let him know when he could meet with them. Mr. Boardman said he would do�that. I . Mr. Peterson said he did not think i be at this particu�ar meeting, because h that Mr. Peterson's was as far as being Commission. He thought Mr. Harris shoul think they would be ready to discuss thi 27th. � ` Mr. Boardman said the information th Committees was a way to make some things difficult to do. We want them to do tf�e Mr. Peterson said that if the Counci the statement that every project committ member, then he thought the Planning Com recommendation. MOTIO.V by Scott, seconded by Peterso to Council deletion of the .Zast sentence that each project cammittee must be chai was necessary for Mr. Mittelstadt to s term was cancelled at the s.ame time hairman of the Industrial Development just meet with Mr. Dunn., and he didn't with Council' at the meeting of October y were looking fon from the Project easier to do, and other things more research, and then make a recommendation. was going to consider the deletion of e had to be chai red .by a Corrnni ssi on ission should take a stand on this , that the Planning Commission recommend uni3e.r project committtee, wliich sta�ed ed 1iy a member of the Commissian. �� Pl�nnin . . .. . iission M�eti� - October 22,�1975 ' Page 11 Mr. Langenfeld said the Environmental Commission has already made that recommendation which would be reflected ir� their minutes. Mr. Boardman said that at this time h statement. He would have this prepared b he would not have any problem with elimin being the chairperson, but he would still the Commission and the project committee. was numl�er one, it gave the citizen group wasting their time on a lot of things the number two, by not having a liaison conne project committee, you are wasting the Co entire project committee reporting back t Mr. Scott had two charts, ane shQwing the present ordinance, and the other char work without the statement that a member of a project committee. He said he would Mr. Peterson said he would like to sp the Parks & Recreation Commission would l If a member of the Commission had to chai practical matter, that they would not be have the time. If this statement was del chair a project committee, and they could Recreation Commission. � Mrs. Wahlberg asked if it would be po " The chairman of a project committee may not limit it to a commission member only. a particular interest in a project commit She said she agreed with Mr. Boardman tha of control when you diffuse the �arious c amount of input that the Commission membe Mr. Langenfeld said he could foresee Commission in going too fast and taking o it took a lot of research for each area i they have established 8 broad areas which said they want to find someone to investi to have a committee for the problems of s group had to quit meeting at City Hall be facility. He said they were also concern for the mentally retarded in Fridley. Ne and the citizens who would be working on were already working on, would be making the Commission each month. He said that the different groups to have interface wi was not prepared to make a formal fore the Council meeting. He said ting having a member of the Commission like to see a liaison connection between The reason he would like to see this a person to contact so they were not actual Commission did not want, and tion between the Commission and �mission's time too, by having the the entire Commission. how project committees would work under' showing how the project committees could f a Commission had to be a Chairperson be presenting this at the Council meetin�. ak in favor of the motion. He said ke to have about 10 project committees. a project committee, he knew as a il�ing to do so because they would not ted, they could appoint a citizen to bring the report back to the Parks & sible to change the statement to read be a Commission member". This would This way, if a Commission member had ee, he might choose to chair the meetings. the Commissions would lose a degree mmittees, because there was a certain could bring to a project committee. � problem for the Human Resources � too much at one time. Mr. Scott�said n which they have concerns. He said were developed at tlieir seminars. He gate day care centers. They would like enior citizens. He mentioned that this cause they couldn't get in and out of the ed about having some input about help said that all these things needed research these concerns, and the other areas they their reports at the second meeting of would be the liaison and it would allow th each other. Mr. Harris said they should wait unti'll they had met with the their input on this question. !, , Mrs. Wahlberg asked P�r. Scott if he v�ould be willing to amend tliat instead of deleting the statement, �o chan�e the sentence to project committee may be chaired by a mer�ber of the Commission.° 'i � i � Council to get his motion, so read, " The �� '1 Plannin Commission Meetinq - October 22 �75 Page 12_ Mr. Scott said he would WITHDRAW�his m�ption. Mr. Peterson said he would WITHDRAW his second. '�, MOTION by Scott, seconded by Peterson to Covncil that in the section of Ordinan committees, that the last paragraph be ch may (delete sha11) be chaired by a member Scott, Peterson, Narris and Wahlberg voti ca�ried. that the Planning Commission recommend e No. 584 that deals with project nged to read "The project committee of the Commission. Upon a voiee:vote, q aye, Langenfeld abstaining, the motion Mr. Langenfeld said he abstained from�'ivoting because the Environmental Commis- sion had already voted to have the senten�e deleted. - 5. PLANN�NG COMMISSION REVIEW OF COMMISS�ON'S GOALS AND OBJECTIVES Chairman Harris said they would start'',this review with the goals and objectives of the Environmental Commission. I Mr. Langenfeld said the Statement of �urpose was an introduction to the goals and objectives. ,, . Mrs. Wahlberg asked why this statement didn't read "The Fridley Environmenial Commission recognizes that individuals are not separate from their environment.....". She said the statement,which recognizes that man is not separate from his environ- ment was leaving out half the population. � Mr. Langenfeld said he thought some of the words should be defined. He said biosphere meant all life contained in an area. Mr. Boardman said that stewardship meant a constant watch. Mr. Boardman said that environment was the total surround- ings and ecology was a natural habitat. � Mr. Harris asked why this was not stated so that everyone could understand it. Mr. Langenfeld said that in Goal 2, the objectives could have been condense� to only f, but there were others who thought the additional goals were important enough to add to goal 2. . Mr. Harris said he had a problem with i. This states "to foster innovative � community design°. He said that innovative design �,�as a catch-all phrase for something that was not here yet, and may never get here. Mr. Harris said he liked the objective-m, under the second goal. "En�ure�more effective.citizen participa�tion through such measures as adequate public notice and review , and in St. Louis Park they have a sign whi�h states that a certain property �� was going to be rezoned. It has inserts in the sign so it can give the date of the hearing, and what.rezoning is being requested. This sign is put on the property that was up for rezoning and is part of the hearing notice. Ne said he thought such a policy would solve a lot of problems. On object�ve b, under the second goal, which read "Promote the reduction of unnecessary and wasteful practices in the utilization of our renewable and non- renewable resources and the generation of solid waste", there was a lot of discussion which started with Mr. Harris' comment on the conservation of water. He said he thought a lot of water was wasted on the watering of lawns. There was a general discussion on how people fertilize their lawns, then pour a lot of water on them to make them grow, and then use gasoline operated lawn mowers to keep it cut. They thought this objective was something the entire country should be using �� Planning Commission Meeting - October 22, 1975 Pag_e 13 ^ as a guide. Mr. Peterson asked how the goals`and objectives of each Commission would � be handled. Mr. Harris said the goals and objectives would be reviewed by the Planning Commission and they would be used as the basis for the Planning Commissions goals and objectives. He said this would be an on-going thing because the goals � and objectives would change as situations changed. He said this was just the beginning. He said the Planning Commission would have to be flexible enough to � adjust to the community needs as they arise. Mr. Scott said they had someone working on a referral service. He said there was a federal law which stated that there should be referral service available. He said this referral service could be at the metropolitan level, the County level, and even at the local level. Ne said the person working was having a hard time putting a handle on this. What Mr. Scott would like would be for the different Commissioners to bring this up at their meetings to get some input to see what kind of information these people would like to have available at the local level. He said he knew there would be some duplication of services, but h� thought it would be a good service to the community to have some type of referral service locally. Mr. Boardman said they should determine if this should be handled as a private or public service. Mr. Langenfeld•said that he noted in the other Commission's goals and objectives that there was mention of the envi.ronment, so the awareness was already starting. /'1 Mrs. Wahlberg said these goals and objectives could help the Appeals Commission in some of their decisions. She said they were not always sure that some of the decisions that they had to make would enhance the community. . Chairman Harris thanked the members of the Planning Commission for all the hard work they�had done on the goals and objectives, and fo'r getting them done so promptly. Ne said he appreciated all the hard work that had gone into them. Mr. Boardman said it should be explained to the different Commissions that these goals and objectives may not be used exactly as they were written, but would be used by the Planning Commission as a guidel�ne to establish their own goals and objectives. 6. BIKELANES � Mr. Harris asked why the bike lanes were so wide, and"why they dipped in at . the corners. Mr. Boardman said this was something the County did, and they didn't coordinate it very well with our bikelane plan. Mr. Boardman said they wanted to maintain a two lane system on the highway, and with the wide stripe to show that this area was not for motorized vehicles. They reason they were dipped at the corners was because they needed a turning lane for cars, and they wa�ted to channel the b'ikelane over to the corner at intersecti�ns. Mr. Harris said he thought they were going to have problems with these bikelanes. Mr. Boardman said he didn't like the way it was done, but it was done before he knew anything about . it. . . /"1 Mr. Langenfeld said the lane change on East River Road had caused quite a problem too. Planninq Commission Meeting - October 22, 1975 � Page 14 ADJOURNMENT: � MOTION by 5cott, seconded by Peterson, that the meeting be adjourned. Upon a voice vote, a1I voting aye, Chairman Harris declared the Planning Commission meeting of October 22, 1975 adjourned at 11:30 P.M. � � Respectfully submitted, �.��- �i��.�_-c-�./ Dorothy Eve on, Secretary � �, � . � . . � �5 FRIDLEY ENVIRONMENTAL COMMISSION MEETING (F.E.C.) OCTOBER 16, 1975 MEMBERS PRESENT: Thomas Sullivan, Robert Erickson, Lee Ann Sporre James Langenfeld OTHERS PRESENT: Steven Olson - City of Fridley Carro]1 Kukowski - Council�e.rson William Scott - Ghairperson,Human Resources Commissioni,, MEMBERS ABSENT: Mary Martin Ghairperson Langenfeld opened the meeting at 7:40 P.M. COMMUNICATIONS: Mr. Langenfeld stated Mr. Harris had commended the F.E.C. for �the. �ray� �T�.ey handled the rev3,e�a,1 0� the J'unk Vehicle Ordinance . He also• stated the Commission will be asked to give their opinion on•3.2 beer in the near future. They will also b.e asked to � completely review the zoning laws. ^ Mr. Langenfeld also said he would talk to John Melinka as to the. state providzng the Commyssion with technical assistance. ��, ��orre �ai,d she would like a report on the status of the - Envi`�onr�e.ntal Planning Sy�te�i thr�ough the %f . E. Q. C. APPROVAL OF THE MINUTES OF THE SEPTEMBER 17, 1975 F.E.C. MEETING MOTION by Lee Ann Sporre to approve the minutes of the September 17, 1975 F.E.C. meeting. Seconded by Bro-ther Sullivan. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVING ROBERT ERICKSON'S RESIGNATION LETTER: MOTION by Lee.Ann Sporre that the F.E.G. receive Kobert Erickson's resignation letter. Seconded by Brother Sullivan. Upon a voice � vote, all votir�g aye, the motion carried unanimously. Mr. Erickson stated the main reason for his resignation was the amount of time involved. He said he did not feel he was able to devote as much time as was necessary to completely review and make decisions on the problems at hand. Also, he did not feel the F.E.C. had been attacking problems as efficiently as they should. He felt the Commission needed to get down to business. • /� Ms. Sporre said she felt they had done�as much as.they could as commissioners. �� Mr. Er�ckson stated they needed a better referral system. He added they needed some determination as to how the referral � � .>: .. �� . � PAGE 2 F.E.C. MEETING, QCTOBER 16,1975 system will work. Mr. Scott stated the Planning Commission will be meeting with City Council on October 26 to,discuss this matter. Ms. Sporre said it is assumed the chairpersons will address themselves to the problems of their commissions. Mr. Langenfeld referred to the Planning Commission minutes of September 24, 1975 and stated he had made it clear that he was nat voting with the consensus of the F.E.C. in his votes to �approve the special-use permits. He also made it clear that he wanted the Planning Commission to focus attention on the F.E.C.'s di�cussion on billboards in the minutes of tonight's . meeting. - � . DISCUSSION ON TH�, APPOINTMENT OF A NEW F.E.C. MEMBER: • Ms. Sporre suggested the following persons be considered for appointment to the �'.E.C. if they would be w�.11ing to serve: � 1. Bruce Peterson � 7503 Tempo Terrace NE �, � 2, �filce Paripovich --8200 East River Road 3. �tolan Anderson - 5194 Matterhorn Drive 4. Ward St ienstra -. 6 0 3 5 McKinley St . Mr. Olson suggested the following persons: l. Russ Fraz�.er - 181 Hartman Circle NE 2. Walt Jopke - 5230 Lincoln St. NE .. _. _ 3. �Terry W�.nslow 6460 Squire Drive 4., iton �Zu�►psa - 1�+81 No . Innsbruck Drive i�ix�.. Langen�eld stated he would compose s short letter to each ot tYi,ose persons ask�ng them i.f they would be interested in Serving on the F.E.C. and inv�.ting them to the next meeting i� the.y would like to attend. He sa�.d he would also notify Cable. TV and J'o ,�nn �i:ce of the Suburban Sun Newspapers as to communicating this matt�r to the public. /"` It was suggested that possibly those proposed members could � submit brief resumes indicating their fields of interest. 0 F.E.C. MEETING, OCTQBE:K 16,,1975 �,AGE 3 �� 1976 MEETING DATE Mr. Langenfeld stated there was a conflict as to Thursday for the 1976 meeting day between the F.E.C. and the Human Resources Commission. He stated he had indicated that the third Tuesday of the month would probably be acceptable to the F.E.C. This meeting day had to be quickly determined because of the printing of the 1976 calendar. The Commission felt that this would be acceptable. DISCUSSION ON BILLBOARDS: � Mr. Langenfeld stated that his decision on the billboards was made as a result of a memorandum fr�m Virgil Herrick stating that there must be proper grounds for denial of a special-use permit. He added these are existing signs. The question� is whether to grant the special-use permits. Mr. Langenfeld stated that he wanted to make it clear that his vote was actually a"no" vote, because he voted for approval with the stipulation that the billboards be removed upon expiration of their leases. � Mr. Olson stated in some instances, approval was granted with a. �,,,` removal time before the expiration date. Ms. Sporre stated she would have liked to have had Virgil Herrick's opinion as to the possibility, of eliminating all billboards in � � Fridley. Mr. Olson explained that since none of the billboards meet the minimal requirements of the sign ordinance, it was his opinion that the existing code could be used to eliminate.all billboards in Fridley - but two things should be known: one billboard at ?Oth and Highway #65 already has a special-use permit granted, and if we told the billboard companies to remove their signs, the matter could end up in court. . • MOTION by Lee�Ann Sporre that the F.E.C. concur with the Human Resources Commission in that those billboards which are � in violation of the law not be granted special-use permits because they represenfi a conflict with the environment of the community. THE MOTION DIED FOR LACK OF A SECOND. Mr. Langenfeld stated he did not feel �sthetics was reason enough to deny the special-use permits. They must violate the health, safety, and welfare of the community. � Ms. Sporre stated a neighborhood is de�ined as i,ncluding those � place�s where one shops, works, and plays. Al1 of that is Fridley. Billboards create a visual. loss of beauty. F.E.C. MEETING, OCTOBER 16, 1975 �• PAGE 4 � She added the impact range of biunbeasonablefto sendtoutthan 200 feet. She felt that is was public hearing notices on the billboards to only those res- idencies within a small radius of 200 feet of the billboards. Mr. Erickson asked whether the City had made any attempt to have the signs removed previously. Mr. Scott reg3ied in 1969 it was made clear that in five years, if the billboards were not up �o �pde,th.e.y would have to be removed unless they obtained special-use permits. That was all. Mr. Langenfeld asked the Commission�what their feelings were on t}ie way in which he voted on the Planning Commission other than the fact that the matter was not referred to them. �rother Sullivan stated he �ras somewhat canfused as to the situation., He said i� the special�use permits are denied; the City�would pro�aBly be taken to court. If they were approved; it will proT�ably �e w�.th the stipulation that they be removed �rThen the current lease expires. � Mr. Langenfeld stated he did nat like the idea of blanket disapproval. It �aas his undex�standing that a special-use permit . .�riu�t �e evaluated and either'denied or approved on its own merits. i�i�, S�ox�re s�ated she felt that if the Council approved the ' permits with the time stipulation, they would be setting the stage for renewal of the special-use permits. . . Mr. Langenfeld stated he assumed that if this matter went to court in the future, at least the City would have given the billboards ample time to begin with. . . Mr. Ericksonrstated he was not prepared to blanket approve � or deny all of the signs. He said he felt that those bil1= � boards which were not in reasonable violation should be denied. and that the only way to determine the status af each billboard would be to examine each one indivudually. He also stated that the Commission should either address the problem of each billbaard individually or drop the discussion and move on to other items. MOTiON by Robert Erickson that the �'.E.C. either discuss the merits of each sign �,ndividually or drop the issue. /"'ti The. Comm�,ssion felt that this motion was a double motion. It - proposed two different alternatives. � THE MOTION DIED FOR LACK OF A SECOND. 0 � � � F.E.G. MEETING, OCTOBER 16, 1975 PAGE � 5 MOTION by Robert Erickson to drop the billboard issue. Seeonded for discussion by Lee Ann Sporre. Ms..Sporre stated the F.E.C. should pursue formin�g a decision against billboards•. . Mr. Erickson stated eliminating billboards in Fridley was not the question. The issuance of special-use permits was the question.. Ms. Sporre stated the Commiss�[on should address the problem, but table it. Mr. Langenfelt also felt it should not be dropped. Mr. Erickson stated tabling the issue would be of no value. He stated Ms. Sporre had specifically requested that the billboard issue be placed on the F.E.C.'s agenda, and now that it was before the Commission, they should deal with it by evaluating each one individually or drop the matter and �nove on to other iteins . UPON A VOICE VOTE, ERICKSON VOTING AYE, SULLIVAN, SPORRE, � AND LANGENFELD VOTING NAY THE �20TION FAILED. MOTTON by Robert Erickson to d�.scuss each billboard individually. �econded by Brother Sullivan. Upon a voice vote, Erickson voting • aye, Sullivan and Sporre voting nay, and Langenfeld abstalning the IvIOTION FA�LED. �r. Erickson stated it did not seem as if the Commission would take any kind of a stand on this matter�. They didn't want to evaluate each billboard individually, nor did they want to � drop the issue. � MOTION by Robert Erickson that the F.E.C. concur with the vote cast by Chairperson Langenfeld on the Planning Commissi.on level Seconded for discussion by Brother Sullivan. - Ms. Sporre stated the Commission should maintain the thresholds that have been established by the goals and objectives and recommend denial of the special-use permits. Mr. Langenfeld.stated it was obvious it was very difficult for the F.E.C. to come to any agreement on the matter. He said it seemed as if that type of situation occurred quite regularly. . 0 � UPON A VOICE VOTE, SULLIVAN, ERICKSON, AND LANGENFELD VOTING AYE, SPORRE VOTING NAY, THE MOTION CARRIED. ,� � F.E.C. MEETING, OCTOBER 16, 1975 P�1GE 6 �o Mr. Erickson stated he was not necessarily endorsing Mr. Langenfeld's vote, but the Commission could not seem to come to any kind of agreement. The best method in this case would be to go along with the action taken by the chai�person, Mr. Langenfeld. Mr. Erickson added the F.E.C. was very remiss in its insistance on having the vote brought back to tlieir level and then refusing to discuss the issue at any point. REVIEWAL OF ORDINANCEE#T$COMMITTDENSHALLIBEECHAIREDFBYRAJMEMBER COMMITTEES "THE r��J C OF THE COMMISSION.` Mr. William Scott, Chairperson of the Human Resources Commission was presen'� to discuss this section of the ordinance with the F.E.C. He explained that the Human Resources Commission had appointed a number of project committees to aid the community in solving some of its problems and needs. He added commission members devote a lot of time to the various affairs of the City. •There is only a limited amount of time each commission member can spend attending different meetings. With the H.R.C. meeting twice a month next year, it would create a hardship �for the � commission members to attend these meetings and also attend different project committee mee�ings. Under Ordinance #584, 'each project committee must be chaired by a member of the comrnission. Also, under this ordinance, there is no actual communication between the entire commission and the project committees. Instead., communication only exists between one commission member and his assigned project committee. In many cases, a commission member could chair more than one prdject committee. Under Mr. Scott's proposed system, the project committees would . not be required to be chaired by a member of the commission, and a broader form of communication would take effect, whereby the project committees would report to the entire commission rather than just one member. Mr. Scott'passed out drawing representing the degree of com- munication acquired under both systems. The Environmental Commission felt that proposal was a very �good one and that the sentence requiring that project com- mittees must be chaired by a member of the commission should � �be deleted. � ' �.C� . , . , . F.E.C. MEETTNG, OCTOBER 16, 1975 PA�E 7 � MOTION by Robert Erickson, seconded by Brother Sullivan that it is the consensus of the F.E.C. that the ordinance establish- ing commissions (Ordinance #584) be altered such as to delete the requirement that a project committee must be chaired by a commission member and that chairman Langenfeld reflect that concensus at any Planning Commission meetings. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: MOTION by Lee Ann Sporre, seconded by Brother Sullivan, to adjourn the F.E.C. meeting at 10:40�P.M. Upon a voice vote, a11 voting aye, the motion carried unanimously. • Respectfully submitted, . , �' r--,� . � �� C��,-- /�'� ?��. � � ^ Holly Tonsager, � ' Recording Secretary �� . u C � 3 i k if � F _ � , MI NUTES OF �i'HE REGULAR PARKS AND RECREAT I ON CON�I I SS I ON MEFT I NG OCTQBER �%, _1.975 Meeting �n�as called to order at 7:35 p.m. by Chairman Peterson. � MEMBERS F'RESENT: Caldwell, Harris, Peterson, Wagar MEMBERS EXCUSED: Seeger OTHERS PRESENT: Lee Drossel, 6737 �efferson, Fridley, 571-5626 - Fridley Little League . � Jerry Qoardman - Planning Department Judy Wyatt, Secretary, Parks and Recreation Department ; � : �1� Mr. Lee Drossel of i.he Fridley Little League organization t,�as there to present their request to huild a new storage building at the Fridley Little League Field on 58th and Jefterson, near their existing building. He read Mr. Mark Brenny's letter of October 13th to Mr. Bill Nee, explaining the project. He explained that the cost of materials would be borne by the Fridley Little League, and they would put up the building. He also reques�ed the City waive the ordinance requiring a licensed con- tractor do the wor�. (�fr. °eterson asked Mr. Drossel to check with the City Bui�ding Inspector, Mr. Dar�ell Clark, in order to rind out what is needed. Mr. Harris ex- pressed concern for adec;uate buiiding inspection so that the roof doesn't fall in, etc. MOTION BY HARRIS, seconded by Caldwell, to a11ow the Little League to build the building, subject to the approval of the Building Inspection Department. The motion carr�. ed . f�r. Boardman mentioned ihat they didn't nPeci a b;�ilding permit with a building �-. that smail, ��ir. Harris asked that they get a building permit and have the fee waived. P�r. Drosse`i indicated he would comply. GOALS AND OB:;EC7IVES The Commissioners briefly discassed the goals and objectives as written up in their final form. P1r. Wagar mentio�;�d that it would be difficult to implement a�l that i S wr�� tte.n i n the gc�ai s anu obj ecti ves u�i thout a bond i ssue. Mr. Peterson explained that the Planning Commissian needs a plan first. He said that project cammittees are goins to be utilized to im�,lement�tne goals and objectives for th� difrerent departments. They will help to �ake the load off the commissioners, e�c. Mr. 6oardman explained th� �'lar�ning Commission decided to establish some goals and objectives. They, in turn, asked each of the member commissions to come up w�th some ideas to go bacl: to the Piarn�r_y C�mmission. Then the Planning Commission ��rould formulate ti�es^ g�als an�i objecti�.�c:� �or the community. He explained there vrauld be a constant reviewal of goals anil cbjective� as the years ga by. He said that with these goals and �b�ectives in i�ard, b,y next spring the City administration wili t;e puttiny together � cUn,prehensive pa��ks pian, tivith an implementation �rogram and establishment oi polieies. Mr. Peterson mentioned they wanted to have their pro�eci: cammittees toge�h�r beFore that t.ime, working along with it and giving it feedback infor•matio;� i:o �he commissiorers. MOTION B1' HARRIS, seconded �y Ca�.dwe11, to adopt the Parks Goa1s and Objectives as before them this �veninq. i'he matiar carried. .�. N►r.. �'et�ers�n as{ced the comm�ss�oners to con�e �ack to the next meeting w� �h som� chauyhts wi�ich they might have �;� �:e;�ms cf project committees which they u:ou�d 1il�e tb see the Parks and Recreut�an Ct�a�r��issi�r� get started in our community. He saic! • that hopefully tonight thE ma;,h-inery ;e��uld �e set in motion to change the word�ir�g of the e��di nance, because ti,e avUrai r�e� af the ordi nance i s that now each project PAGE L '�ica7� �� I committ�e must be chaired by a commission member. He said those on the Planning ,�, Commission felt it was too rr�uch �f a burden oi� the commissioners; that it would either: 1) limit the number of pr•oject committees working or 2) just be a burden so that the commission members wouldn't feel that tt�ey could serve. Ne stated the suggested wordiny is, "A commission member may be a project committee chairman." He said the Planning Commission felt if there was a particular area that a commission member felt deeply interested in and wanted to be th? chairman of that p�oject committee, that they should have that prerogative, but if nat then wz would ask some�ne from the citizenry to chair it. Mr. Boardman mentioned that he did not like the idea af a or�e person project committee. He felt this type ef a project committee only adds more �ork at the co�nmission level. He explained �che reason for the project committees N�as to get the citizenry together to talk it over and set up some kind of "action report" which can come back to the commission. The commissioners agreed with f�1r. Baardman wholeheartedly. ADJOURNP�ENT r7otion to adjourn the me�ting at 8:00 p.m. in order for the members to attend the City Counci.Z worksht>p meeting. The next regular meeting ti�ri11 k�e held on Monday, November 24, 1975 at 7:30 p.m. in the Ciassroom of Fridley Civic Center. Respect�fully subm;tted, f----,. ,,_ , �; - . o „ i � � .�;�-�� `�~ �'�%.� ��.� . � �'• t r� r ta�,��.�o the Commission J�y l�ya �t> �ec c y� � � � � . . . ' � � MEMO TO: Dick Sobiech 2�3EP90 3:'ROM: Steven J. Olson, Environmental Of�icer MEMO DATE: April 24, 1975 . . ' . �� RE: Proposed Amendments for Chapter Ill, Food Sani.tation,'and Chapter 115� Swimning Pools, af the City Code : A�tached, please find copies of the aforementioned chapters a;�d the recommended changes. Please note that all areas highlighted in red (or underlined) are additions to each chaptex and that a11 are� highla.ght�d in blue (or bracketed) are deletions. Fdhen each.chapter is discussed individually, the following changes are evident; . . � . . • '. � � A. , Chapter 111 - Food Sanitation: A+�ajor portion of these proposed � amendments result in condensatian�and clarifica�ion o� the now interpreted meanings. Definitions are added to cover any possa.ble �ew or unusual circumstances that could arise in the �ood indnstry. �: The words "Health Authority" are removed in favor of a rnore � incomp�ssing title "the Ci�ky". Fina"lly, statemen.ts de£ining what kind of food facilities need l.ic8nses and a suqgested fee "schedula , a.s proposed. . It is my feeling that these changes wa.13. make our Code more enforceab].e an3 eliminate differences du� ta inL-erpretation� Capies �rexe submitted to Mr. Harvey ricPhee, former HeaZth InspectoL for the City, and t•2r. Robert Hutchison, Di�ector of the �aoka Counfiy Tnv�.rorunental Services. They Have no objections and endoxse �he • proposed changes. 2�Ir. Hutchison agrees that no confl.a.ct will. x�sul.t hetween his department and the City. . B. Chapter 115 - Swimming Pools: The changes recomriended for. this o�rdinance will c�.arify the differences between public and private swimming pools. Tt aZso provides for the adoption by refexence o� �he State rules.and regulations�xelated to public swzmrninq pools. This w�.11 make our requirements consistant with �hose recommended � by the State. . ' ' 7'hese chanqes were; submitted to Mr, Va.rgil H�rric3:, City Attorney, for his recommendations. They haue since been incorporated into these chapters. and it was his opinion that no legal difficu�ties would be encoun�ered if • the changes were added ta the City Code. I now submit these changes to yourself for any sugqestions or recommendations. It is my hope that these Codes, as amended, can be presented to the City Council for their considera�ion and radification. There are other changes, praposed but not s�eci£i�d in this memo, and if I can be of assistance in clarifya.ng these or any other questions which may ara.se, please con�act me. . , � ._ ' . . � • � ��, ✓� , . . STEVLN J. �S • � � Environmental Officer S�O/mh - . . � . �� . ; . . ,�. ��,�,/%�� ., F //"/ / C/r�LiL 'l/J"/U�%l � � �� y� � ,J�� '� �� ...1✓ ' � � w �, ' � ; � �,,,� �'7�.G�.l.�c-�" �e�`Z:c.�,�-J / °".� , 115. S IMM G P OLS , : . � � s, C,��-��,/ � � % �i�.:�-, -� �`�C�:,, � ayz�''."„� ' - '�115 Q1.= The constru�ion, o eration and licensinq of �wimming ols shall be�` � . .. , � regulated as follows•� ' � - -----, . . ..,.. 115-02� (115.01) Definiti.ons , The following definitions shall app].y in th�e interpretation and application of • thi� chapter and the following words and terins wherever they occur.in tha.s ,�Ghapter �re defined as follows: � � ��,:� �~�"� • 11S•Q��(1) �iealth Department, Heal�h Officer, S�at:e Board of Health used a� �.,., any place in this Chapter and in the requiremeni:s ado�ted by reference sha17. mear� ithe heaii�h authority oi) the City �of I'xi.cil.ey. ° 13_ 5.03 Persan shal�l mean any inda.vic3ual, na�tu.rd�, erson, �a.r�n, associa�.ion, . � _..,. . _.. �, __ oxganizatian� partnersha.g, business ins�z�ut�.or,, age�, or ��eaEx�� 5�ag� or lo�al Qave�rnzent ac�enc or instxua�entalxt� or other entity reco nzzed b law <., . . ._ as the subject of ri hts and duties, and sha�l iz7Cluder but n�t be Iimi,ted to, � ^ 4emp.lovees, licensees, tenants, caretak�rs, lesseF�� mana ers and o erators of + � � _. �swimming �ools�. � - ' . ' 115.�4,� �(2j Priva�e �esiclential Pool sha1.I. znean any �w�in� �ooi io�a��a ori . private propezty unde-r the control of the �1Ofi20W32G'x°r permar�ent or por�abl,s,, the _ . use of whi.ch a.s limited to swimming or bathing by � Eam�.1y oz th�ir ..invited .. gues�s, and having a dep;h of more than two ieei: (24 i.nc:hes) at ang ��oi.�� and � a surface area. exceedin 250 s � � g c�uare. fe�t and a, volun�yover. 3, 25d gall.ons. .-_,;� � 115.0� (3}' public Swimma.ng Poo1 sh�7.1 meari any swimming pool, other than a priva�e resi�enti«1 pooZ,.intended to be used col.lectively b numbers of persons . • . � _ �. for switrnning and bathing, operated by any person,j�whether e e owner, lessee, , operator, licensee, or concessionaire, regardless of whet.her a fee xs charged � for such use. . . : ..�.� � i� ,1J.5.U6� (4) Special. Pur��se Poo1 sha2:L mea,1 any swinuning pool usect as a: tzeatnent . . pool, therapeuti� pool, ax a s��.�ci.al j�oal fc�r w�ter �herapy; .' 0 ' . ��r 115 07� (5)� Swimming Pool shall mean any structure, basin, cham;er, ox tarik containing�an artificial body of water ior swimming, diving, relaxation.or recreational bathing. � � / \ . ,.,.r.;:. �.. �y . � . . � . , l,liS:O�g`- (6}' Wading Pool shall mean any swinunir�g pool, used or designed to be used � exclusively for wading or bathing and having a maximum depth of 24 inches. ��115.09 (11.5.02? License Required � ..---.,.� . , No person shall own, operate, main�ain, lease or be responsible for any public . ,.. „ swimming pool loca�ed within the City,of Fri.c��.�`unless a license therefore shall �. .. 7 . be obtained �rom the City of Frid2ey�pursuan,� to tliis Chaptero :'1I5.10 (115.03j Application . J. �_,� - The appliCatio.• for a swiriming pool license sha].l be on forms fuxni.shed bX the City of Fridleyzand shall require such inf_ormation as �he Cit•y Manage� shall require. Such apglication for the issuance af such license, maS.ntenancer . termina�ion and administration shall be in accaxdance with and subjec� i:o al�.. _ conditions of this Code relative to general. requirements for �.icensing as well � as the reqtiirements of this Chapter. The City I�an.ager may deny the appli.ca�ion for a license which faiis to fully complX with �hese requ.irements. � ` 115.1I �(115.04) Fees and Exemptions The annual.license fee and expiration date shall Ue as pravided in Chapter I.I „ of this Code._ Persons owning, operat�.ng o� maintaining schools� goverr.mental subdivisions, churches, convents, rectories, parsonages or religious communi�y r . centers shall be required to obtain a license bu�. wi�hout payment of a l.icense � fee. . • . � 115.12 (115.05) Revacation ' • , . The City Council of the City of Fridle��may revoke any license issued pursuant � to this Chapter as �rovided in Chapter 11 of this Code or for any violation� _ � of any provision of this Chapter. . � ^ 115.13� (115.06) Plumbing, Electrical, Mechanical •. . �..s . _. _ _ . � Al.l plumbing, electrical. and mechanical ir►stallations and equipment shal]. meet . ..,.y, the requixements of the Fridley Cit�Codes (as p�avidec� in this Code), .. .... . ,_, _.::.,� .. ;�. . . f. ' � � ' ,�--- r � m ^ '7+ - � � ' • ' ' ��., ,11� 5_1� (I15.0?} Plans and Building Permits e No person shall constnict, enlarge, repair, move, convert, or alter any swimminy pool without first submitting plans and obtaining approval from the�Cit�(Health L Authority) and the appropxiate permits from the`Ci�(Building Inspector). No building permits shall be issued unless prior approval from the City;� (Healtl��"` Authorityj has been granted in writing. - �. .� : � ,,,: ,.�.; .,� . . 115.15`:(115.08) Equipment S�andards ' � � ' � �..—.---:� � • �A11 new equipm�nt purchased or installed on any swimma.nq pool sha.11 compl.y with .� . 4_ _ _�__._ ._...__._. the following applicable standards of �he'Nationa7. Sana,tation Foundation:. � � �-�-._ _�______-----�_._ . 1. Standard No. 9,- Diatomite Type Filters for Swimmix�g Pool Equipment, October� '�966. 2. Standard No. 10 -- Sand Type �`ilters for Swiimning Pool Equipment, �ctob�r� �.9�s6e 3. Standard No. 11_-._Recessed Automatic Surfa.ce Skimniers, October, ,1965.�� 4. .Standard No. 17 - Centrifugal Pumps for :Sws.mrr.ing Pools, January,. �.966. 5. Stansiard No. 19 - Adjus'table putput Rate Chemical Feedinq Equipment �or _. � Swimming Pools, OctoberE 1966. . 6. Standard No. 22 - Swimming Paol Water Treatment Chemicals and/or Processes, May, 1968. 7. Standard No. 27 ,- Niultiport Valves for Swinuning Paol.sr May� ].9b9. . 8. Standard No. 28 - Cartridge Type Filters for Swimminy Pools, February, 1971a 9. Standa�d N�. 3II - Test iCits for Swimming Poo�s, November, I970. • Equipmen� not covered hy the above National Sanitation Foundation Standards shall not be�installed �r used before it has been approved by the��City�(Heal.th Authority). � • r, . . ��.15.16� (115.09) Fencing , . Fencing or other efLective means, includiilg but nat limited to, walls or 0 buildings, acceptable to the CitY .(Health Authority) shall be prova.ded to positively control all access to public and private residential swinunin� pools. •� Fencing shall meet the following criterza: � . . ^ �1. The fencing sha11 �yE�..�'�v�?�,, prevent the entrance of childreri and be witha:at hand or Eoot halds �hat would enable a�person to climb over it. � � ..C� ) .� �,�.� `�-c�-�. ,� �, shall.t e°�£ence�allow a�six� t to ass th In no in�tancs� > �= ...� �. a . ...,��,� �. , % . . . : ;; .'_ � 2. The fencing shall be at ].east�'�eet high and entrances shall be equipped with self-closinq and self=larching�gates capable of being locked. .� � 3. Self-closinct. and self-latchi.nc� devices shall be placed aC the top of the q��e r�/�y� .--� .:.-�,► ' ` ' . � ._.. .. .� ..r t. '�:.:Y� . ... . .. . . . ... ... � or otherwise inaccessible to sma11. children; t�� . . . . .. ..�... 4. The o enin between the bottom of the fence and the round or other surface �-shall be not more,than four inches.� � . ..,� � • � �� 115.1T (115.14r Clasing by the Ci_� �`�' (Health Authari�y) - y'--'--;-� .. � When any of the following conditions are found �o existr the C�-.x(Health Autho�ity) �a..G �r� ., _ . ' may close a public swimming pool. �it� s aZl cause a siqn to be pos�ed a.nda.ca�inq �hat : it has been closed anc3 such sign may be remaved an].y upon authorization by the�C� (Health Authori.�y) : l. The propex safety equipment as �equi.red in Ma.nnesata Health llepartment Regulations 115 ig) has not been provided� . . � �.. �.� The clarity i.s such that the mai:n outJ..e�t grat.i.ng is nat clearZ� discernil�le fram the edge of the swimminq pool or a b2ack disc G inches in diameter is not � readil visibl.e when lacec� on a white fzeld a� the dee est y p p point of th� pool. 3. The disinfectant 1eve1 �s found to be below tl�e acceptable lev�l establi�shed in Minnesota Health Deparisnent Rec�ulatians �.15 (r} (1) , . 4. The proper warning signs as required in biinnesota Heal.th Department - Regulations 115 (q) (5) have not beex� provided. .� 5. The existence of any oth�r cond�ition �.hicYt endangers the heaZth, safety or. � welfare of the public. � 115.18 State Health Department Rules Adopted� � . �� . . . . �i Re�ulatian I•linnesota Health Department 1�,5 .ot the t�inn.esota State Board af Health+ (� . ..W.... relatin� to "pub�ic swimming pools° including all s�ubsequent amenclments thereto, is hereb�doptPC3 by reference and made a part of the Fridley City Code af . . - � . . ,. ... �� r , Ordinances subZect to the followinq addition and deletians:� �"' � ,� .. r y �L� . ^ A. Hlinnesota Health Department 115 (g) shalJ. be amended by the addition o£ "(E)- � A life line with sufficiEnt floats shall be Y�rovided a� the break in qrade betwe�n �the shallow and deep portians of the`pool".` . , . .. , ....:,� � . „�. � . . . . . , .. . w� �N._; B. The following �qrtions ot the Minnesota Requlations, Minnesota Healtit'` Department 115, 1971; �"relati.ng. to public. swimming pools are deleted fror� this � � � ordinance and shall have no effect in the City of Friai��:: � .. .. . _ . . 1. All of Sectian (b) page 3 � 2. All of Section (d) ( 3) page� V4 ' ti .� :3: All of Section (i) . �(2) (�) , Page.:�6' . i, . . . ,._,..K+ � 4. ' All o� Section (v) page 1� �-? • .� . .. ..v.a . 115.19'(115.10) Private Residential Swimming Paol Depth riarkings (Depth Markings) _. .� .. _._._ - .• , � Depth of water sha].1 be plainly marked at or above i:he water surface on i:Y►e vertical pool wall or on the edge of the deck ar walk next ta the poo].r at maximu�n and ninimum points, at the points of change of sl.Upe between the deep ana sha3.low portions, and at x.ntermediate increments of depth spaced� at nat more than ?5 foot inter�tal s . . . _ � � - 115.20-:(115.1I} Private Residential Paol De�kinq Requirements��(Deck} A deck at least 3 feEt wide, measured from the pool water's edge shall. be provided wnich extends completely around alI. priva�e resideni:i:al nools; provided fihat above ground private res�.dential poals may be provided with decking af a ' mi.nimurn size of 4�eet by 4 f�et at pool entry points and provir�ed that such. . ., .,,, decking has the approval of•the City (Heal-�h Au�hcrx.ty). �The deck sha�.l be sloped� aw� from the �ool to drai.n at a qrade of 1/4 to_ 3/8 inch per lineal foot and `'� ., _ .... _ . . .._ ._._. _ .. _. . , .......�..:� shall have a nonslip surface. ��' , � _ . ...:� 115.Z1 Addi�tional Inlet and Outlet Re�uirements for Private Residentxal Pools�� " . _ __ :. ._.,.�.ar (Drain) ' � � All private residen.tial pools with a dep�h�greater than seven (7)`(5) feet at'any point shall b� provided �•7a.th an outiet at the de�pest point �.o permit the pool . to be cUmpletely and easil.�� emptied, Openings shall. be covered by a proper gr�:ting which is securely fastener2 anc3 nat readily removed by bathers. Outlet , � openings o� the flc,-�r of the �aol shall be at least four tim�s the area of discharge pipe or sk:«11 �dc�vide suf�ica.ent area so the maximum velocity of the watez passi.ng the gr�te ogenin�s shall no'c exceed ane and one-half (l�) feet t /'�1 r� . . . �Ll per second. The minimum width ot grate openinys shall be one-half (�) inch and.the m�ximum not over one (1) inch. 1�1n antivor�:ex type of drain may be used in lieu of grating. An�,�ol w?zich .does not have an �outlet to ��permitl .. _.. .. _. . .. . _ � . .. . . . . . _ , ....... . .. .� . ...._..,......w .__., ... _. . , ,_..� the pool. to b�,easiZy and completely emp�ied shall. be provided with a means of drainin tiie ol such as um in ,�drain o enin or other means acce table tc> the City�:� . � . � � - -----r. �115.22 (115.13) Regulations • � � . • .,.. : .. ._, The Regulations for the Design and Constructi.on of Private Residentia}. Swimming Poo1s, �970, prepaxed by the American Pub].ic Health Association are hereby adopted by reference and shall be in fu11 £orce and e£fect in the Ca.ty of Fxidley. as i£ set out liere in full, subject to the fol].owing deletions� � 1. All of Section ].:2.1, Page 6 2. A1? of Sectiorr 6,2, page 9 3.. Al1 of Section 7.1, page 9 4. All of Section i4.J�.P page 18 5. Aa.l o£ Section 17.1, page I9 6. All of Section 19.2, page 20 (5ections 1.2.1� 6.2,.7.1, 14.1, 17.1t and 19.2) •� •�115.23 i(115.5) Inspection • . . .. ,� ' • . The Cit� (Health Authority) � shall. be pexmitted access to all swimming 7�ools for � purposes of inspection of the pool and equipmen�. ai: reasonable �imes and as,often � as deemed necessary o ensure campliance with-this Chapter.G��C'�!`�� Z�� . ��.� �� ' �,� 115 24�(115.16} Interference .�j��J _ - . � . No person snall intErfere with or_hinder,the City_�(Health Authority), in the ' performance of its�(his) duties under the provisions of this Cha�ter or the , :. laws of the State of t�innesota. � � . ' 1].5.25 Nuisance Prohibited • � . r � r' �No person shall ��rate, maintai.n or permit any sw?mming pool that creates a�' , . --. � ,�,� . . nuisance by _annoying„ injuring or eridanqer. inq the safety, health, ��-Y�.� , . � ,�� ' of tha puiblic. ; ., t ' ' . ', � .: t , 115.26�(115.17) Penalties ' �) Any vi.olation o£ this Cnapter is a misdemeanor and is subject to all penalties provid�d for such violations under the provisions of Chapter 901 of this Code. � ^ � •-�--� LA��%N�,�/`" ��'�'" � . %f�-� (� /� C� • � � G�'�'� . . l 17s � � . . � � . � � � � � � � � �'!',,e=�;�,1-'`�n _ - �� - �- � � �� " - I . f� � . (f . % �y � _� � � � �� -. (��'� ° . . r ,. . - �ti m �� : ,f �32 , 115. SWIMMING POOLS 115.01. Definitions The following definitio�is shall apply in the interpreiaiion and application of this chapter and the following words and terms wherever they occur in this chapter are defined as follows: 1. Health Department, Health Officer, State Board of Health used at any place in this chapter and in the requirements adopted by reference shali mean the health Authority of the City. 2. Private Residential Pool shali mean any swimming pool located on private property under the controi of the homeowner, permanent or portable, the use of which is limited to swimming or bathing by his tamily or iheir invited guests, and having a depth of more than iwo feet (24 inches) at any point and a surface area exceeding 250 square feet and a volume over 3,250 gallons. � 3. Public swimming pool shall mean any swimming pool, other than a private residential pool, intended to be used collectivety by numbers of persons for swimming and bathing, operated by any person: whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. 4. Speaial purpose pc�1t shall mean anyswimming pool used as a treatment pool, therapeutic pool, or a• speciat pool for water therapy. 5. Swimming pool_shall mean any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, relaxation or recreational batlaing. 6. Wading pool shall mean any swimming pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 2A inches. � 115.02. License Required � No person shall own, opera2e, maintain, lease or be responsible for any public swimming pool tocated within �,the City unless a license therefore shall be obtained from. the City pursuant to this chapter. '� . 115.03. Application ' - The application fo� a swimming pool Jicense shall be on forms furnished by the City and shall require such ' information as the City Manager shall require. Such applicatio� for the issuance of such license, maintenance, termination and administration shaH be in accordance with and subject to all conditions of this Code refative to general requiremerts for licensing as well as the requirements of this chapter. The City Manager may deny the appticafion for a license which fails to fully comply with these requirements. � 115.07 Qefinitions License Req u i red Appficatian 115.04. Fees and Exemptions ' ' Fees And The annual.license fee and expiration date shalt be as provided in Chapter 11 of this Code. Persons owning, Exemptians operating or mainta�ning schools, c�ovemmental subdivisions, churches, convents, rectaries, parsonages or religious community centers shall be required to obtain a license but without payment of a license fee. 115.05. Revocation Revocation The City Council may revoke any license issued pursuant to this chapier as provided in Chapter 11 of ihis Code or for any violation ot any provision of this chapter. 115.06. Plumbing, Electricat Mechanical Plumbing, All plumbing, electrical and mechanical installations and equipment shall meet the requirements as provided in Electrica7, this Code. • Mechan3cal 115.07. Plans and Building Permits , Pians and No erson shall construct, enlar e re air move convert or alter an swimmin Building p g, p, , , y g pool without first submitting � Permits • � . 115-1 r' ptans and obtaining approval from the Health Authority and the appropriate permits from the Building Inspector. No buiiding permits shail �be Issued unless prior approval from !he Flealth Authority has been granted in writing. 11�� EquipmeM Standards All new equipment purchased or instalted on any swimming pool shall comply with the fotlowing applicabie standards of the National Sanitation Foundation: � t ��; `�' 1. Standard No. 9— Diatomite Type Filters for Swimming°Pooi Equipment, October, 1966. �'� 2. Standard No. 10 — Sand Tyne Filters for swimming Paol Equipment, October, 1966. . - 3. Standard No. 11 — Recessed Automaiic Sur.face Skimmers, October, 1965. 4. Standard No. 17 — Centrifugai Pumps for Swimming Pools, January, 1966. 5. Standard No. 19 — Adjustable Output Rate Chemicai Feeding Equipmertt for Swimming Poois, October, t966: 6. Standard No. 22 — Swimming Pool Water Treatment Chemicais andlor Processes, May, 1968. � 7. Standard No. 27 — Multiport Valves for Swimm.ing Pools, May, 1969. • 8. Standard No. 28 — Cartridge Type Filters for Swimming Poois, February, i971. 9. Standard No. 38 — Test Kits for Swimming Pools, November, 1970. Equipment nol covered by the above National Sanitation Foundation Standards shall not be instalied or used befor�it has been approved by the Health Authority. ' � � . 115.09. Fencing Fencing or other effective means, including but not limited ta, �vatis or buildings, acceptable to the Hea�th Authority shati be provided to positively controi ai( access to public and private residentiai swimming pools. Fencing shatl meet the following criteri�: � e � L � 115.12 . A �r / Equipment Standarcls Fencing � � 1. The fencing shall prevent the entrance of children and be without hand.or foot holds thaY would enable a person to climb over it. �� T��,�,� N� r' � 2. 7he fencing shail be at least 4 teet high and entrances shall be equipped withr gates eapable of being -f �� • ; locked. � • . - ! ,;s:: �„ . 115.iQ. Depth Markings ' Depih Depth of water shali be plainty marked at or above the water surface on the vertical pool watl or on the edge of Markings the deck Qr walk next to the poot, at maximum and minimum points, at the points of change of slope between the deep a�d shallow portions, and at intermediate increments of depih spaced at not more than 25 foot x iniervals. " � , 115.11. Deck . A deck at least 3 feet wide, measured from the poot water's edge sha11 be �rovided which extends completely around aN private residentia! pools; provided that above ground private residential pools may be provided with deching of a minimum size af 4 teet by 4 feet at pool entry points and provided that such decking has the approval of the� Health Auihurity. ' � t ` 115.._. Drafn All pools with a depth greater than 5 feet at any point shall be provided wifh an outlet at the deepest point io Deck . ��` v •' Drain 115-2 . :L � ,. � � '�4 y � . 115.17 ��permit the pool to be compietely and easily emptied. Openings shail Ge covered by a proper grating which is f securely fastened and not readity removed by bathers. Outlet openir�gs of the tloar of lhe pool shall be at least four times the area oF discharge pipe or shall provide sufficient area so the maximum velocity of the water � passing the grate openings shall not exceed one and one-half (1 �/z) teet per second. 7he minimum width of grate openings shall be one-half (�/z) inch and the maximum not over one (1) inch. An antivortex type of drain may be used in lieu of grating. 115.13. Regutations • Regu�ations The Regulations for the Design and Canstruction ot Private�Residentiai Swim ing Poois, 1970, prepared by the �, i! u��'-�r', American Public Health Association are hereby adopted by reference and sha i be in full force and effect in the C.�'� � � City of Fridley as if set out here in tufl, subject to the foilowing deletions: S ctions 1.2.1, 6.2, 7.1, 44.1, 17.1 and 19.2. 115.14. Closing By HeaHh Authority When any of the following conditions are found to exist, the Health Auth pool. He shalf cause a sign to be posted indicating that it has been closed upon authorization by the Health Authority: 1. The proper safety equipment as required in Mi�nesota Health not been provided. may close a public swimming such sign mar be removed only ►rtment Regulations 115 (g) has 2. The clarity is such that the main outlet grating is not clearly iscernible from th� edge of the • swimming pool or a black disc 6 inches in diameter, is not readily visible ud en place on a white field at the deepest point of the pooL � ' �) . 3. The disinfectant level is found to be below the acceptabte level stablished in Minnesofa Heatth Department Regutatians 115 (r) (1 }. 4- S �/a�n . �r�-� �-'� � � • 4. The proper waming signs as required in Minnesota Health Depa tment Regulations 115(g)(5) have noi been provided. 5. The existence of any other condition which endangers the healt , safety or welfare of the public. yti: 0 115.5. Inspection the Health Authority shall be permitted access to atl swimming pools for pur equipment at reasonable times and as often as deemed necessary to ens 115.16. lnterference No person shall interfere with or hinder the Health Authority in the per provisions oi this chapter or the laws oi the State of Minnesota. 1i5.17. Penalties Any violation oi this chapter is a misdemeanor and is subject ta ali penalties the �provisions ot Chapter 901 oC this Code. 0 �s of inspection of the poo! and compliance with this chapter. ance of his duties under the for such violations under ' . Ctosing By Heaith � Authority Inspection � Interference Penalties 115-3 .v� � w vr . . ..- .. . , . . . . • . � . • • • � � �� . � CITY OF FR1;�LEY . � . , . . � c��MO No. Qs-zs4 � ; . . , • . : � - . Respond by: 10-29-75� � . . t f'I '10Rt�lJ�Uf�1 Ft�Oi"� TI�E C ITY f�'iAi��AGER � • ' Cont. to. _ .. . . . . , . . ... , • �TO: � PUBLIC 4JORKS UIRECTOR � . ' . � - � - ' � "_� ; DI�TE: OCTOBER 16, 1975 � � � . ' . . . � . � � � RE:. PROPOSED RULES AND REGULATIOhS FOR ENVIRONME TAL IMPACT STATEMENTS .. .�' FROi� ENVIRONMENTAL QUALITY C011NCIL .. , � � • � � '. . . , z .. . . • Please revie�rr�the material and see that appr priate act�ion is taken � � and that c�•pies are provided to the appropri te committees and peopie. _ - - Thank you for your assistance. .�. � �- tr'�14/ms . _ • . � ..� ., - . - .. - . _ . Enc: Original and only copY- of material . _ � �_ �• . � _ �. , . . , • � . "� - � -. -� : - • . . -. . - - /", . ' . . - . . _ - - • : . . . 10% 17�75 Jerry B. . • � _ . . . � . . _ : .: . _ . . . . . � � Pl.ease woxk wi i arrel .F� Steve o xev�ew� � cammen� � . �' ; � • � • � xegardi.ng attached material from h�QC; �oxe;�axd� to � - - . ' . FEQC for thea.r review .F� stucly. . . . - . . ' . ' � ps/J . . • - . . � • . - - � . � •(Jerry B. has the only copY) . . . . .� - • ' • . .- . � . . . - ,; _ . - • �. . � � • . : : . :. : - . , ' , ' ' • �- � �. • . . • • � • : ' • � , . , . . . . , , . , . � � , . .• _ . � • • • . . . . . . . . . . • . . . -. • . • . • - • � . , . ' � �� ,`nTF n , � 5 �p�� , ; � . Y �, . • �� T '' r �,��,,,- ; S2.E�TI. Ob l�1tI�NE�O�.A. . . �.., ==,�� 1 . . � . '`��-=--"' �;`� ENVIRO�tiiEIvTAL (�UALITY COUNCIL " • /� NF.S � � . CAPITOL SQUARE BUILDING . . . . 550 CCDAR STREET � . ' . . � , , , ST. PAUL, 55101 , � . � � � October 8, 1975 � � . � . .. . . - . �. T0: All Interested Persons and Agencies � . ! . FROM: fQC Staff - . .. . � SUBJECT: Proposed Rules and Regulations for Environmen�tai Impact Statements � Oue to budget constraints and the large butk mailing, we are sending out � only�one copy of the propased rules for distribution. We wou�d appreciate � �� it i€ you would make as many copies as you feel will be requested from _: � y ouur agencY• . . - . Thank you for 'your cooperation. - . � . .. . . . /p� � � • . � ' . �. : - _ � . � - . _ , . . , , .. � . , . . � ' "AN �QUAL. OPPrJRTUNiiY EMPLOYER'= � , � • ` � . /1 �� ` M1NN[SOTIi ENVIRONr�CNTAL QUI�LITY COUNCIL , PROPOSED C,NVIROt�P�1LNTAL Il�f'ACT STA7LPIEI�T RULES • � . CIIAP7ER ELEVEN AUTHORITY, PURPOSE, DEFINITIONS, GENERAL PROVISIONS MEQC 21 AUTHORITY. The Rules contained herein are prescribed by the Minnesota Fnvironmental Quality Council, pursuant to authority gr�nted in Minnesota Statutes, Section 116D.04, Subdivision 2, and shall be foll,oti•Jed by aTl public agencies and pr.ivate persons in implen� ntation of the Environn�ntal f'olicy Act of 1973 concerning the Environmental Impact Statement process: , . �% MiCQC 22. PURPOSE • (a) The purpose of these Rules is to provide public agencies and private persons tvith procedures, guidelines and criteria to be used in the implementation of the htinnesota Environmental In�pact Statement program. (b) An f_IS is an informai:ion doc,unent w!�ich enables public agencie�: and private persons to evaluate proposed actions to determine whether they t•�ill have significant effects on i;he environment, to consider alternai:ives to the. •. praposed actions, and to institute methods of reducing adverse environmentai �ffects. An EIS is not an instrur�ntto justify an action, nor shall indications of adverse environmental etfects necessarily require that an action be disappro�red.� . It is,to he utilized as a guide in issuing permits and carrying out the responsi- biliiies of regu.latory authorities. ' � • (c) The procedures specified in these Rules are in addition to the other procedures and substantive responsibilities of public ag�ncies and private persons contained in the Act, and.do not limit the authority of the Council to review, study, or resolve any matter of-en�rironmPntal concern as provided in Minnesoi:a Statui:es, Sections 116C.04 and 116D.04, Subd. 9. . • . ' �. �. MEQC 23 �DEFINITIONS. 7he following terms as used in these Regulations shall • � have the� meanings ascribed to them in this section. � . � � (a) "Act" cr�ans the Minnesata Environmental Policy Act of 1973, as amended; Minnesota Statutes, Section 116D.01 et se .. -� � (5) "Action" means the whole of a project which will result in ph��sical� manipuiation of the environment, directly o�r in,directly. "Action" refers �to thP ' physir,al activity to be undertaken and not to the govPrnmental process of approving the aci:ivity. "Action° does not i:nclude the -Followin�: • {1} Proposals and enactments.of the State.Legislature. (2) The rules, orders, or recomm�ndations of�state agencies. . (3) Gxecutive Orders uf the Governor, or their intplen�entat�bn by puGlic agencies. ' ' � . . (Q} Judicial Orders. (5) Submissions of proposals to a vote of the pcopl� of�the sta�e. (c� "A�ip�°oval" means the issuance of a c�ovcrnmental permit, or any review ' pf a pro��osed action required by state or tederal� law: , _' �(d) "Coui�cil° mcans the Minnesota Cnvironn�ental Quality Council. 0 � n �� (e) "Days". In com�ut�ing any periad of time prescribed or allo�ved in thes^ 2ules, the day of the act or Lhe event- from whieh the ciesignated period p; i:ime b:.�gins to run shall not be. included. The last day of the p�riod s�� computed shall be includeci, unless it is a S�turday, a Sunday, or a legal holiday, in which evert the period runs until the end of the next day which is not.a Saturday, a Sunday, or a legal holiciay. When the period of time . prescribed or all��ved is less than 15 days, intermediate Saturdays, Sundays, and.legal holidays shall be excluded in the computation. . (f) "Environmental Impact Statemeni:", (EIS) means a�lritten analysis of � ' a propased action as specified in hlinnesota Statutes 116D.04 Subd. l. . (g) "EIS I?reparation P;otice" means a written statement that a major action has the potential for significant environmental effects, and that an EIS shall be prepared. _ •• (h) "Envii°onment" means the physical condii�ons which exis� in the area which will be affected by the proposed action, including land, air, water, . minerals, flora, fauna, amhient noise, and man-niade objects o�° natural features of historic, geologic or aesthetic significance. (i) °Envir�nmental Assessment Wor!.sheet" (EAIJ) means a form provided by the Council fior the initial evaluatior, of public and private actions to c!;�termine whei.her an EIS is required. � � � �: _• (j) "Environmental Document�s" means Environmen�al Assessment trlorksheQts, : .EISs, Negati��e Declaration I�otices, and EIS Preparation Notices. � { - • '(k) "Governn�ental Aetion" means an action proposed to be undertaken by�a �public agency. • . � . ,-�(1) "Governrnental Permit" n�ans a lease, permit, license, certificate, variance, or other entitlement of use, or the commitment to issue or t;he issuance /, . of a discretionary contract, grant, subsidy, loan, or other form of financial _ , assistance, by a public agency to another public agency or to a private person. :; . • E: . . ,_ , • � �� '� (m) "Inadequate EIS" rr�ans an EIS that fails to sufficiently examine potential ;- � `. �environmental effects, aliernatives, or desirable modifications, or an EIS'not �, prepared in �compliance t�uii:i� the Act and i:hese Rules. �: . . . . . . . �� , •� (n) "Local Agency" means any general or spec:ial purpose unit of government �i' � of the state, ��ith less than si;ate-wide jurisdict3on, including but not limited to s � . regional developn�nt commissions, counties, municipalities, townships, port f •� authorities, i�ousing author.ities, and all agencies, committees, and boards thereof. :� (o) "Negative Declaration Notiee" mea�s d written statement by the Responsible � � : Person or Agency that a proposed action need not be preceded by an EI5. , � � �• (p) "Other Approving �gencies" means all public agencies other than the Responsible Agency i;hat musi: approve a project.for which environmental documeni:s � :are prepared. ' • �� '(q) "Person" means a human being, unincorporated association, partnership,: � . trust, corporati.on, or public agency. ' • � -(r) "Petiti�n" means a document thaL contains at least 500 signatures and \ re�uesi;s the ��reparation of an EIS. . � � (S} "private Action° means an action proposed to be undertaken'by a private . person. , _2- � �:: . ` ., ^ 0 �� '. . (t) "Proposer" n�eans �he private person or public agency that will itself underiakc an action o►� that will direct others to undcrtake the action. � (u) °Public Agency" n�ans a federal, state, regional or local ageney, baard, conmiission, or other general or�special pur4��se unit of government. ."Public Ajency" includes all public educational institutions but does not include ' the cour.ts of this State. � (v) "Responsible ��ency" n�eans the public agency which has the principal ..responsibility for preparing the environmental documents required by the Act and these Rules. Except as provided hereinafter, when the pre parer of the EAW �� recomr�nds an EIS and the preparer is a p�.,blic agency, that public agency is the Responsible Agency for preparation of the EIS. ' . •(w) °Responsible Person° means the person who proposes to undertake an , action that does not requ4re a governmental permit and who is responsible for • the preparation o€ the environmental docui�ni;s required by the Act and these Rulcs. � � (x) "Reviewing Agencies" means all public agencies which have either "jurisdiction by la�v or special expertise �vith regard t� the environmental effects � of an action for vrhich an EIS is prepared. . (,•) "EQC t�onitor" nr�ans the early notice builetin containing all�notices - of'impending ac�ions which may have significant environmental effects as . snecified in.h1EQC 34. . • � � � � 'MEQC 24 GENER!�L RESPOtvSIQI�LITIES ^ . . �� /� . � - � . . (a) Enyironmental Quality Council. - � (1) The. Council's duties and responsibilities include the .following: (aa) The coordinatian of the EIS program, including promulgation of Ru1es. � . {bb} The revievr of petitions to determine whether environmental . documents must be prepared. . � (cc) The designation of the Responsible Agency when there is a dispute between public age��cies concerning athich public agency should prepare the environmental doeun�nts for a particular actio,n. (dd) The coordinai;ion among publ'ic aqencies of review of EISs prepared pursuant to the f�ational Environmental Policy Act (NEPA)., The coordina�ion may include requests to the preparer or.to a publ�ic ac�ency to.undertake additional environmeni;al analysis, t� hold public informational meetings, or'to conduct any ott�er review consistent with the Act and these Rales. (ee) 7he review of Negative Declarations where, within 30 days of publication of a Neqative Declaration �'otice, a representative of 500 petitioners (D1EQC 30) or an agency tvith jurisdiction over the pronosed action (h1EQC 2G(b}(4) requests a review of the cietermination made by the Responsible l�gency. (ff) il�e reo«irinc� preparation of an EIS on a�`major governmental action or l>>ajor �rivate action of more than locai sianificance with the pateni;ial for signifi:ant environmental effect, if a Nec�ative Declaration Notice hzs not becn published or if the 30 day limitation period of MEQC 2G(G)(�l} has not lapsed. (2) In addition, the Council may, where it deems necessary: (aaj Require i:he revision �f an LIS that is found to be inadequate. (bla) R��ire ti�� rt"��)RP�l1:'i�tt Qf d�t('1"Cl.itivc �r addition�l environmental revie�� l�ciore conn��enccnV�nt of any action or approval of any action by a �UV� 7 C i1c��`t1C�/. . _3_ . e , . i �''1 . . � � .; (ec) In accordance with Minn. Stat. 11GD.04 Subd. 9, review any state �c�ion ur state ap{�roval of a private action that�t�ill have sic7nificant environnx�ntal effects, regardless of whether an adequate CIS hus been prepared. This review may include modification.or prohibition of the action, or the ordering of additional environmental review. (dd) Provide technical assistance on request of a public agency. ..� . (ee) Revie►v of any state and local procedural rules and guidelines •• established to implement the Act and these Rules. (ff) Hold hearings or intormational neetings to facilitate implementation of this Act and these Rules. . (b) Public Ac�encies. n 1. All�public agencies are responsible for complying with the requirements of the Act and these Rules. Public agencies shall info.rm the proposer and the public of the procedures that ►��ill be foliovred in the implementation of the :.Act and these Rules for eacf� E/1W they prepare. Whether a public agency prepares ��'environmental dpcuments itself or contracts with private experts for the � preparation, the public agency is solel�� responsible for the adequacy and objectivity of the �nvironmental documents. � '. � .' 2. All public agencies shall retain their existing statutory �uthority �subject to the policies of the Act and the authority of the Council to reverse or modify decisions or proposals, or to require preparation of environ- mental documents. . � 3. These Rules shall noi affect the specific sta�utory obligations of any � public agency to perform the following: (aa) tu comoly with criteria or standards of environmental quality Pegardless of whether an environmental.impact statemenl: is required for an " • aciion. . � : � • (bb) to�coordinate or consult viith any fecleral or state agency. - (ccj to act or refrain from acting contingent upon the recommendations. or certification of any public agency or federal agency. 4. A pubTic agency, at the request of a Responsible Agencj, shall.provide any unprivileged data thai; it n�ay have concerning a particular action and • shall assist in the preparation of environrtental documents on any action for which it has special expertise or access to information. . 0 -� 5. A Responsible Agency shall prep�re the environmen�tal docum�nts�on an � � action which is the subject of a petiiion upon the direction o� the Council. '6. When environmental documents are prep.ared on an action by a Responsible Agency, every other public ac�ency which has jurisdiction to.approve the action shall consider the environmental documents prepared on tnat action before approving the action. '. , 7. Public agencies shall provide one free rehroduci6le copy of environmental ' docuimnts to each EQC distribution point. These ��511 be available for internal �agency.distribution and for public copying if faci.lities are avaiiable. . (c) Private Persons. When environmeni:al docwnents are req«ired on a private action th�t is subject to a goveri�mental permit, the proposer shall supply in the prescribed manner any data or information i°easonable requested by the Responsible 1lgency that that pc►~son has •in his possession or �to tivhich he has reasona�le access. ..q_ � � �U -�.� �:.�1 , ; . � I , � CH/iP7LR TWELVE PROCEDURAL REQUtREMENTS ,*� ' t�EQC 25 APPLICATION OF ACT TO ACTIONS , . , � � . �4 '4 \ � � �. Responsible Aqency or Person �. The Responsible Agency or Responsible Person shall prepare the environ- . mental docunrni:s aft-er consultation with all other public agencies which have the jurisdiction to approve the action or a part of the action. When a local unit of government is the Responsible llgency, it shall consult ti��ith all contiguous local agencies. This �consultation shall be done at an early stage of the preparation of the environmental docu�nts. (a) Responsible Agency. � . For any action not included in t�1EQC 26(a)(3) or which falls into more than one category of I•1EQC 26(a)(.3) , all questions of which public agency is the Responsible Ayency shall be determined as follo4vs: 1. When �* single public agency �:.•oposes to carry out or has ju.risdiction to approve an action, the public agency shall be the Responsi6le,Agency. 2. When t�vo or more public agencies propose to carry out or approve an action, the Responsik�le Agency sha11 be the public agency�with the gr�eatest responsibility for superivsing or approving-the action as a whole. Where two or n�ore public.agencies have an equal claim to be Responsible Agency, th2 public agencies shall eii:her: . . (aa� Qy agree�nt, designate w��ich agency shall be the Responsible Agency; or . . (bb) Submit the question to the Council, which shall designate the Respansible �gency based.on consideration of the above principles. 3. To assist local governmental units in determining which public a�ency is the.Responsible A�ency, p.roposers of actions which are included in MEQC 26(a)(3)- should include with their permit applications, or other local approvals, a list of the other sta�e and local �per•mits required on the action. - � � `�t� (b) Res onsible Person. . .� • . When.a private person proposes to carry out a private.act�on that does not require any governmental permits,.the person stiall be•the.Responsible �ersan. (c} Requiren�ent of an EIS b_y the Responsible Ageney. ' �� (1) An EIS sliall t�e required by the Responsible Agency only when it determines that for: � (aa) Private Actions: . , . (i The action is a major private action; and � {ii; The action is of more than local significance; and � •(iii) The action has the potential'for significant environmental effects. (bb) Governnr�ntal Actions: , (i The action is a niajor goveri}mental action; and •_ (ii� The actior� has the potential.for significant environmental effects. ',(2) Cumul�7tivc Actions. In determining ti•�liei:her an EIS is required on an action, ti�.^. Rasjionsi�l�lc hgciicy or Responsible Person m�iy consid�r nan-major related actions �nci i�•h�ir cum�ilativc: cnvi►�onrn�nt��l ef'fc�cts as collectively const;ituting a m��jo�� acCion. � «�:_ ' . �� ,� . .. . . . , .��. � • . , . ' �' . L�� _E� ` '' (3) SuGs�quent f_IS. 6lhere an CTS has been prepared on an action, no additional � EIS need be prep�ired on the action unless substant:ial chan�es in the action are proposed which vrill involve new and potentially significant environmental effects not considered in the previous CIS. .. . (4) Sin le EIS. Where an action is to be carried out or approved by more than one public agency, only one CIS shall be prepared.pursuant,to the Act. (5) CxJ�ansions or Modifications. The expansion or modification of an ongoing •. action ��rhich requires new.or modified governmental permits shall be subject to � the requirem�nts in ti�e tict and these Rules for the preparation of environmentaT � documents in the san� manner as a nevr action. . , (d) l�ci:ions for Which Environmental Documents llre Not Required. The preparation . of environmeni:al documents shall not be required in tiie following instances: (T) tdhen all of the necess�ry governmental permits for the action have been lawfully issued; � (2) tJhen a subsi;antial portion of the action �ropased by a public ag2ncy � has been completed or implermnted and an EIS on the action would not be able to influence remaining implementation or construction of the action to minimize adverse environmental consequences. , (3) IJhen there has been adequate environn;�nta1 reviei�r of actions wit.hin - the jurisdiction of the Counc�il �pur�suant to f4inn. Stat. � 116G.O1 et se�c. (the_Critical �lreas l�ct of 1973), or Minn. Stat. § 116C.04 (2)(b},— � '� � � � . (4} � When the publi� a�ency determines •that � govern►nental permit required for the action will be denied. .� ,. , (5) ldhen these Regulations require the preparation of a state EIS on an action, and a fiederal EIS is required for ihe sanx� action, pursuant to the re- quirements ef the �ational Environmental Policy Act of 1gG9 (NEPA) and the implementiny regu?ations tiiereto, all or any�part of the federal EIS may be submitted in lieu of all or'any part of a state EIS. However, when the federal EIS is used, the ele�rents of the EIS that are require:d by �he Act and these Regulaiions, but are�not required by NCPA, shall be:added to the federal EIS. ` When these Regulations require the preparation.of a state EIS on a proposed � � federal action and a federal EIS is not required�, a federal agency may be requested to prepare a state EIS. ;, . . ,;_.; (6} ►dhen an imminent and substantial danger to the health or welfare of the .people of i:ne State makes it necessary.to undertake a major action that has the potential for significant environmental effects and application of these Rules would be impracticable. In such cases, the proposer shall cpnsuTt with LI1e ' Chairman of the Co w�cil to arrange an alternative medns of environmental review - ' before taking the action. . ' � MEQC 26 EI�VIRONPIENTAL DOCUMENTS � :. . . . . . , . , . . . � (a) Environn�ental Assessmcrnt ldorksheet (EAW): �' ' �. . .. (lj Authority. . � ' . . . . ', A Responsible Ac�ency and Responsible S'erson may prepare an EAW on any action ►rl�ich ii: has proposed i:o undertake or has the jurisdiction to approve. AfY.er an Eltt�i is prepared, t!ic preparer of the EAW shall fil� with the Council ' either an EIS Preparation Notice or NegaLive Declaration Notice based on the conclusion of the EA1J. � (2) Preparation of an EAW. , . •. . , (aa) (3y Proaioser. Wt�erc the pronoscr of an action is a private person, th� propeser i�i,�y prepare ai� Lllid�anci prepare for publication either an EIS ' -G- �v �• Preparation Notice or a Negative Declaration Notice. .The notice submitted � by the proposer shall not be published until the Council has determined that �� all public ayencies with jurisdiction over the action have received a copy ' of the ENd. When the Counci] publishes an EIS Preparati�n Notice, submitted by a proposer, it shall include in the r,otice a designation of a Responsible r,,,` • Ay�ncy for the.preparai;ion of the �IS. ., . � (bb) I3Y t'ublic Aqenc�. When a pub1ic ac�ency proposes tq undertake an � �ction, or has the jurisdiction i:o approve a private action, it may prepare � • • an EA4� ancl the other�necessary environmental documents on thG action. ' (cc) 6�! Council. The Council may require a Responsible Agency or. • Responsible Pe►•son to prepare an EAGI, and the other necessary envii°onn�ntal - documents on an action. � (3) Mandatory Cai:cgori es for EAlJs. . •`' An EA6J shaTl be prepared or any action not exempted by P•1F.QC 25(d) which fal�s within one of the following categories.. It shall be prepared b,y the indicated public agen�y unless the Council for a particular action specifies another agency, by i.he action propaser if it is a.governmental action, or by thP propaser of a private action p�.:�suant to (✓EQC 76(a)(?_)(aa). (aa} Construction of a rv��r �rdu�tr7a1 pari: of over 37_0 acres in size-- (Local); � , . (bb) Construction of a faciliiy or integral group of fiacilities with at least 5Q0,000 square feet of commercial or retail floor space � ar 350,000 squa;e feet of industrial floor space, unless located i.n an �� ' •. � industrial park for which an EIS has already been prepared--(Local}; � . � 4 (cc) Any industrial, comm�rcial or resider,iial development of 40 er more acres, any part.of 1•rhich is within a floodpiain area, as defined . by the Statewide Standards and Criteria for t'lanage�nt of.Floodplain .Areas of ^1innesota--(DNR); . . (dd) .Construction of a commercial or industrial deveiopment within , a sh�reland area (as defined by t�1innesota Statutes, Section.105.485) . covering 20,000 or mare square feet af gro«t�d space, not including access lroads or parking areas,.and located ori a�parcel of land having 1,'500 ' : feet or more of shoreline frontage--(Local); . (eej Construction of a facility that generates more than a maximum of 5,000 vehicle trips per hour or a maximum of 25,OOQ vehicle trips � �per eight-hour period--(Local); _ (ff) Construction of a ne��r oil refinery, Qr an exp�nsion of an , existing refinery that shall increase capaci,ty by 10,000�barrels per � day o�� more--(PCAj; •� � • . ' (gg) Construction of a. pipeline greater than six inches in diameter and.50 mile.s in length--(DNR);. " . � �� . • (hh) Construction of facilities on a single sit� that ai°e designated � • for, or capable of, s.toring a total of one millinn or m�re gallons of ' � ' liquid natui°al gas, liquid petroleum gas, or other liquid fuels--(PCA); (ii) Construction of an underground storage facality for gases and � liquids Lhat requires a permit, pursuant to Minnesota Statutes Section ' i34.57--iDNRj; , . . . , (jj) Constriiction of a mineral or fuel processing or refining facility, including, but not limited to, smelting and hydroimtallurgical /"'1 . . . pperations--(I'CA or ONR); . • _q_ ' ' �1 . , . , , : (kk') Consl:ruction oi' a �aci7ity if tiie cwutilai:'ivc: 4i��issions of . particulatc inatter and sulphur axides exceed 5Q tons per day--(('C/l); � � F]lj l�tain road;�ay c�radin� construction .of a four-or-more l.zne, t„` div�ided hi: �hi�ra y rrith ai: least pari:ial cantrol of access of ten route miles or morr_ in ler►�th and carrying 10, 0 0 0 ve hic leS � 1 D 7 ( Average " � Daily 7i�affic)--{Ila�ys), . '. , . . � � ' ('om�) Construction of a neti� airport that is t�ii.hin the f:ey system, • ' ' pursuai}t t;c� 1�1innes�ta Statutes, Sect-ion 3G0.305, Subdivision 3-- . � . (A�ronautics); � . . . . � �(nn� Consi:ruction or op�ning o% a i'acility for mining metallic . minerals--(UP,R)� . � . - . (bo) Construction or op�ninc� of a fiacility for mi.ning gravel , . other non-me�allic minera7s and fuels invo�ving more than 3?0 acres--{Loca7 ); � �� • (pp) A new appropriation for commereial or industri.a7 purposes of either sin°face t�rater or grounci ,•�a-Ler averagin� 30 million �allons per . tnoni.h, or exceedi i�g 2 mi 11 i on gal l ons � rz any day during the peri c� of use; or a n�t�r appro�riation of either ground �•�ater or surface t•:�ter fo1� irrigation of G��(l acres or more in one cor,tinuous parcel from one source �f ►ra�er--(D;dR); . _ . . � ��(.q� Any neti•1 or additional impoundment of water creati,ng a 4•rater- surface in excess of 200 acres--(Local); . �� •. � �. � � (rr) l�n action that t��ill eliminate or significantly a7ter a ti•letland of lype 3,4, or 5(as defined in U.S. Dzpartment of Interior, F7sh. and tdildl�fe Service, Circt�lar .39, "1�I�t1a.r�ds of the-U,S.., 1956"} of five or tnore acres in the se��en-county mei;rapolitan area, or of 50 or r;ore acres outside tl�e seven-couniy rr°tropol�itan area, either singly or in a comp7ex of ti�rc or more ►•�etlands--(Local �; . � . , „ . (`ss) Finy m,arina and harb�r projeci> of more than 20,000 square feet of trate►° sur�face area--(Local )�; � . ( ti;) Ct�ns�.ructi on of a nei•� or ac(di.ti onal resi d2ntial devel opment . ouiside any Siandai�d P�letropoliian Statistical Area (as defined by the U.S. Cer.sus �ureau) that includes 1�00'or more units in an unse,�r2r•ed area or �00 or more uni ts i n a se4�rered area; or construction of a ne�� or adct�i ti onal resi denti al devel opment t•ri thi �� a Si:andard hletropol i tan . Si;ati sti ca7 l�rea that i ncl udes 200 or more uni 1:s i n an vnset,rered area cr 5�0 or more units in a seti,rered area--{Lacal); . � � ( u� Consi:ruction of a residen�:ial development, .consist�inc� af 50 � or more resi denti a�l uni ts any part o-� t�hi ch i s�•ri tlri n a sh�rel and area (as defined by l�tinnesota Si:atutes, Sect'�on 105.4£35)--(Local ); � ( vv� Constructi�n of a residential developm�nt consisting o� "condominium-� L'yne" campc�rot,nds, mobile hom� pa�°ks, or oti�er semi�permancnt residen�tial and/or rccrcat�i onal 1'�ci l i ti es t•�i thi n a shorel <ind a.rea (as defi ned l�y I•finn. Stat., S�c. 105.�1�5) or flood�lain (as defined by the Si:7tet•ride SLa}�clards and criteria for t-ianaqe��orit of Floodpl�ir� 1lreas of tlinncsotaj • exccedinc� ;� total of 50 �uiits, or if located in areas oth�r�than 1;he above, c•r.ce:�di�ig a total of lU0 unit-s--(Local); , • , w � � • . ' t''`` . . �� . � � �. (w4f � Construction af a sa��itary la��dfill fior an excess of 1G0,000 cubic yards per year of ��iste fill, or any'sanitary landfill loc�ted in an area ch�u�acteri,red by soluble bedrock; �•rhere leachates may . signi.ficantly change grountl►•iater qual i ty--CF>cn}; (xxj Construction of a ne��t paa�r and pul� processing miU--(i�CA); (Yy) The application of restricted use pesticides over mo're than • 1,500 contic�uous acres----(llgriculture); � . ' • .•. • (zz ), Harvesti ng of timGer i•ri i�i n i:h� I3oundary Gfaters Canoe Area Pnrtal " zane or �n a State Park or Hisiorical Area, �hat is not included�in an annual timber �nanagement plan �il�d �•�ii;h the Council--(D�lR�; (aaa1 Permanent removal of 640 or more contiguous acres of fiorest . cover for purposes other th�n re��resiation---(DP1R);, � (bbb) Canstruction of electric generating plants at a sinc�le site � ci4signed for, or capab7e of, operation at a capac.ity af 200 or �r,ore negawatts (e1ec�;rical�-�(PCA); � � � . (ccc) Construction of electric �rans�;iission lines and associai:ed fucilities designed for, or capaSle or, operation a; a nor�iral ��.�liage of 200 kilovo�ts /IC or more, or o��ration at� a no�ninal voltnge of • � 200 kilovolts DC or more, and are 50 miles or more �n lenc�tf�--(EQC); (ddd) Construction of nuclear r:^a ieria7 processing plants and � .facil�ties--(PCA} • . . . .' � (��} The Council may be re�olu�ion supplement the categories Xn � . MEQC 2G (a.) i.'3j - . . _ • . •(b} i,otice of FIS Determinations ' � � � . � : (1) The pri vate person or �u61 i c Ze2^Cy ��ni ch has pr�pared an Eqtid_ sha7 � giv� natice of its EIS determinat9on �f filing ►��ith the CounciT e�.ther an EIS Prepa�ration Noi:ice or a Ne�ati��° ��clara�ion tdotice. . ,. �(2) /�r1 ETS Preparatian Plotice sha11 coniain � (aa) A brief description of the ac�ion that shall be the s�ubjec�t�of the • EIS. � . . .� � . . � . .. • ' �(bb) The agency or �erson responsiblP:for preparing th� EIS. . (cc) 7he time requirements for pr2?ari.ng the�EIS. ' (dd) The extent to �,�h�ich proc�ress on i:he action sha11 be halted during the EIS process, if applicable. � - � (ee) 7he places at t•rhich 1:fie El1!�l, and other suppor�ing documentat�on, � is a��ailable for public inspection ar.d copying. . (3) A.t�egativc Declaration Notice shall contain �� ,. .(a1) A brief descripi:ion of the proposed action. . � . (bb) A�finding•that thc action is not a major c�overnn;eni:al action, oy^ a major privale ac�ion of inore tf�an local significance wii:h tiie poi:ei7tial . f.or significant envirornne�ital ei'fec�s. ' 0 � � .. 9 .. . • • . . � � � ,, ,? �; .� � .� � (cc) The places at which the CAW and other supporting documentation is availablc for public inspeci:iori and�copying. � (4) 7he EIS Preparation tVotices and Negative Declarai:ion Notices shall be published�in the EQC Manitor to inform tl�e public of Lhe determination of fihe EAW preparer as to ►��hether i;he preparation of an EIS is required. (5) Exce�t as provided in MEQC 30, unless within 30 days of publication of the Negative Decla�'ilt10t1 Noi;ice the EQC or a public agency �Jith the jurisdiction to ap�>rove the action files a notice ►•rith the CAW preparer, the pro�oser of the action and the Council that it does not concur with the Negative Declaration Notice, an � k.IS shall not �e required on the action. ldhen such a notice is filed, tile Council shall d�termine whether an EIS should be prenared. The Gouncil may hold a public hearing 1:o assist it in its determination. . (c) Pre arai;ion and Reviet�r of Draft EIS. Except as provided in MEQC 25(d) in i:he preparation of the Drait E1S: (1) The Responsible Agency or Responsible Person shall have 120 days from the date of the publication of the fIS Preparation I�otice to prepare and fiile the Draft ETS. This time limitation may be extended by the Council for goed cause upqn t•rritten rec2uest Uy the Respunsible /`,gency or Person; ho�,�ever, such an extci�sion shail be minimized and considered an exception to normal aper:�ting procedures. ' , (2) The Responsible Agency may require the proposer i�o submit any relevant data or information that the proposer has in his possession or t� which he�has reasonable access. ' . � r' v . �I ~ (3) The Qraft EIS is filed when the Draft EIS is delivered to the Counci} in � a form and manner acceptable to the Council.and �•;hen copies of ti�e Draft EIS are mailed to all appropriate Council-designaied distribution pcints, reviewing agencies, the proposer, and requesting persons. • � � (q) Revie��uing agencies shall consult'trith and request the comn� nts of public � � � agencies that have jurisdiction by law or special expertise on an,action with . respect to any environmental effects involved, including the appropriate Regional Development Commission and local agencies: � (5) The Responsible Agency or Responsible Person n!ay consult wit.h any person ��ho has special expertise regarding any environmental effects involved and v�ith � t�mbers of the public. The Responsiale AgenEy or Responsible Person shall � receive and include as part:of the ETS record,any written responses to a Draft EIS. .(6) Qeti�reen 30 and 60 days after the Draft ETS is filed, an informational meeting shall be ehld in a county affected b� the proposed action as part of the Draft EIS review process. Three weeks notice shall be given for the meeting which shall be mailed to recipients of the Draft EIS and published in a newspaper of g�neral circulation in the counties affected by the action., The Draft EIS meeting may be consolidated �•rith any hearing requi�red by law to be held before approval of the action. A tr.ansrription of the meeting shal� be made, and the public record shall remain open for betvreen 20 and 90 days to alloti�r any person to submit additional information or o.pinions. All a�riti.en statements or summaries thereof received into tlie record shall be included in the final EIS. . . � (d�. Notwithstandiny any other provision in these rules, Certificates of Need (F�inn. Stat. 11GH'.07), and Certificates of Corridpr Compatibility and Site Compatibility (Minn.�SLat: 11GC.57, Subd. 1) ma,y be issued prior to the filing of a Draft EIS on an action �•rhich is included within t�1EQC.26(a)(3)(bbb), {ccc) and (ddd). ' • ' ' (e) PrepZration and Re.vie►v of Final EIS. , ' '. � (1) The Resporisible A�ency or Person shall havc 30 days from the daLe that the Uraft ETS.record closes to prepare the final EIS. 7he Council niay extend this tirne limitation upan ti�r.itten receipt and ,howin� of �ood cause by i:he Responsible Agency or Person. . (?.) The Final EIS is filc�d when th� Fina1 L'IS is cielivered to Lhe Council in a � fiarm axid nianner ��cceptable ta thc Gounc:i I and ►�hen distributed Lo a11 Council- desi�l��ted disi:ribut�icm paints, -revietain� a�cncies, i:he pronoser and public agcncies. � '� ,. � , 0 � 0 , . � � ' `.�t/ � �� (3) Council Review. ' � � . (aa) The Council may review any Final EIS to determine whether the procedures and policies ofi the llct and the5e Rules have been adequat-ely comolied with. • � . ,. (bb) If the Council decides to revic�,� a Final EIS, it shall undertak� the review at or before its first meeLing held more than 30 days follotving completion of the Final CIS. /111 persons receiving the Final EIS shall be � � notified. Thcreup�n, ttie Council shall complete its review at or before its first rneeting�f�eld �45 days after commencing review. To aid in its review ,af the Final EIS, the Council may hold informational meetings. � (�j 4lhen the Council determines that a Final EIS is ina�iequate, it shall � notify the Responsible Agency or Responsible Person of the inadequacy and shall . specifically identify the improven�nts or additions necessary�for Council accepi;ance of the Final EIS as adequate. The Final EIS shall be resubmitted to the Council within 30 days. •(fj Approvals on �ctions. Except as provided in MEQC 26(d), on any action for � �vhicl� an ETS Prepara�ion Notice has been published, no gove-nmental �ermit: shall he issucd unLil the Council has complet:ed its reviet,r of the Final EIS, if ��ny. 4!��Pre publ i c heari ngs are requi red by 1 aa; to precede i ssuance of a govern�•-�nta1 permii or implementation of a go�rernmental action, public hearings cannot Ue held prior to filing of a Draft EIS. . . � (g� Italting the Action. tJhen an EIS is required on an action, any physical . construction on tF�e action .or o{�eration of the action shall be halted from the time the EIS Preparation Notice is published until t:he Fina1 EIS is acce�ted� by iIl° Coimcil, unless the Council or the Responsible Agency determines that � construc�:ion or op.era�ion may begin or continue. In that case, the Council or Responsible �lgenc�� shall specify the extent to which construction shall be allovred. � . , � • � .\ . . / � , ' ' ! � •ti ' I • ; i . �, � . . � . 'S4^s� ".�, ,..,, , ; . ., �� • � . . ��ui: le�c IIIUtIL•LN SUQST/II�TIVE REQUIRChiCNTS MCQC 27 EV/i1.UATION OF �iCTIO(,S. � � (a) hiajor /Iciion. In determining whether�an action is a major action, the fo]lo�ring factors shall be considered: . (1) Type of dCt1011; (2j Scone of action, including size and cost; . (3) Location and nai:ure ofi surrounding area; • (�4) The totality of cumulative related actions; � (5j Relai;ion of �he action to anticipated growth and development. (b} Loca] Siqnil`icance. In determininc� �vf�ether a major private action is of more than local significance, ihe folio�,ring factors shall b� considered: � (1) Location of �he action; . '(2) Area af�fected Uy the action. � (3) 7he governm?ntal permits required on the action. ' �. (c� Potenti�l 7°or Signif�icant Env-ironm�ntal Effects, in de.termining �vhether an action has the,potentia► for sigi�ificant environrrental effects, the following factors shall be considerecl: . (1) Type, exteni, and iri•eparability of environmental effects; � _ . � . . ��(2) Cumulaiive environm�ntal effects of related or anticipated future actions; (3) The extent to tirhich the environmental effects are subject to mitigation by ongoing state regulaiory authority; (�) Tre extent to 1VI11CI1 environmental effects can be anticipated and � controlled as a result of other environmenta�l studies undertaken by public agencies or the project proposer, or of EISs previously preparecl on simi7ar actions. . . MEQC 28 CONTENT OF DRAFT CIS. • � � •� ��C'4 • � A.Draft ETS sha11 contain t��e follo��ring informai:ion: � . (a) Summar . A summary slieet which describes the action,�major environmental impacts, adverse and beneficial), reasonable alternatives, a��d the federal, si:ate, and 1oca1 permits outsianding slilll be included. Also, federal, state, or� local,ac�encies, other organizations, dil(I pt�ivai:e individuals consulted in the prepa��ation of the EIS shall be identified. (b) Descrj�tion. A description o-f the act•ion, including i;ype, size and location, and tfie environnie►�tal seL-�ing of the act�ion. �1 regional and site-specific map should be included to assist in identification of the project. � (c) Envirnnmer�tal Impact of i:he ('ro��osed /lction. All phases of an act-ion shall be consiclered ��ihen evaluaCiiig a�i acLlon; �tanning, acquisil:ion, construction, s . . .. i2 _ . .,. ..,. .. ..�+�,�.� 9 ; ��. '�,� ' ' . . � � . ��LV � � irnplementa�ion, develc�pment, aperation, and concTusion of operation. Special . considc�ratian shall be �iven to pallu�ion, ini�ai�°ment, or destruction of the air, ' ��atr,r, land or other natural resources located within the State resulting from � i;he proposed action. � .' . � .. � - This discussion shall �also incl�fde a.descri�tion of the rr.sources in the area that shall be affected by the action,l��ith emphasis placed on resources that • .. are rare or un7que to tl7e region or that possess important historicai, cultural; � natural, ecological, or aesthetic values. •� � �. (d) ;,� direct or indirect envirornnental, econom7c, and em�yment effects ' that cannot be �avo7 cleci i f the Lr��osecl acti un � s�mp em�ntecl. T»�F's discuss � on � � shall descrif�e thc adverse and benefic;ial envir•onr��ni:al, econom�c ar�d em�loy�nenfi '' �ffects tiiat will resuli; directly fro�i� the action, as well as the �ffecis that may Ue reasonably expected to resuit from the aciion. Mitigation measures that . have been or may �e incor��orated into the action to reduce or minimize significant . adverse environm�ntal, econom�c, and employment effects shall be discussed. � (e) Rny irreversibl� and irretr;evab1e con�nit�rents of resources �hat ��rould be invo�ivecl in 'che �>rr,p��ed ��ctioni=F��t is im��emented. This discuss�on siia7l � incluc�e the preposed use a1= non-rene��r:,lile resou��ces; long ierm ar irreversible com�niiments or r°sources to a particu7ar use and any irreuersible and irretrievable damage that may i°esu1� from i:he actioi�_ � (f) The r-elai�iaf�stii�o Lei.�_:ec,n local st�ort term uses of the em�ir�nmen� ard �he maintenance an� ��i�a!�ce�r,�>nc. or ion:j i:erm prrciuciiv�i�y, 7nciudinq t�—T�? endi�°onn.eniaT it_ npac�C ofi pr�aici•�uic -inci•ea;eci ri�iu�°e ciev2lopm�r� of an a---re��if t1C ac��oz> >s im 7em�r��d. �C��is disci!ssicn sha`il iizcludeihe exi,ent thaL tl�e pro�oseci actioi� �n� v lves trade-�f�s b2��:�een short �e•rrn environmen�al gains �r losses versus long tet�m gains•or loss�s, including poiential risks to health and safety, and fih•� exi:ent tha-� ��he p�ronc�sed action forecloses future options. The impac-� oi pred�ici:able incr4ased future development.in the area ihat may be stimulated, directly or indirectTy, by the proposed action shall be discussed. � �'(c�) Alteri�atit�es to ti�e Pr�posed Ac't:ian. An objective evaluation of a17 . � reasonabie alte�°nat��es io the uc�:io;► and the environmental imoact of eaci� and � � the reasons f�r their rejecti�en in.favor of the recommended choice shall be made. . � •�� Reasonable modifications of i:he proposed action that may avoid or reduce adverse � ', environmer.tal E7fP.C'�S shall be discuss?d, including the exp4cted benefits•, � � .�costs,'and�ef7�ects on the abjective of the pronosed action. ' (h) The impact on state government of any �ederal controls associat�d with ihe `. proposed act7on. t=ederal actions pend�ng which may efifect the final outcome of ihe project shou7d be discuss�d, including those actions 4rhictl may result in ihe . expenditure of additional si;ate funds. . , �.. ' (ij 1"he multi-sta�e responsibilities asscciateci s�ith_ the�ro�osed action. Impacts of the proposed �.ction upor� n;ulti-si:ate respon sibilit�es si�a be Q:seussed, iizcludii:g the environmeni:al-ef�ects of the action upon adjacent sf;ates. MEQC 29 CONTENT OF.FINAL EIS , :. , • , The Final EIS shall ronsist of i:he Drafit ETS, the comments or summaries thereof' received thrau��h cansultation and rublic conmlent, including public • meetin�s. or he�rings licld on the E:IS, and the respcanse of the f:es{�onsible kgency \ ar f�espansiblc Person to the significani: anvironmental issues. raised in the consuli:ati�r, eo�t»nent, and revie�•r process. The r�esponse of i:he Responsible /�gency or I2CS�)CI1ST�1C f'erson to cc�nstruci:ive comments received may i:ake th� form of . . . a revisiun of the Draft EIS or may 6e an dt{:dCI1f11C')lt,�:0 i:lie f)raft ETS. � . . . '1 , ,� � J .. 13_ . 1�"� � \ � • ,, - �EQC 30 �ETITION FOR AN EIS (a) Petition. Any person or group of persons may file �vitl�'the Council a petition Lhat contains the signatures and addresses oF 500 or more individuals and requests Lhe Co�mcil to require an EIS on an action. (b) Content. In addition to the signatures, the petition shall include the follov�ing written information: . (1) Descrip�ion of the.action; (2) Proposer of the action; (3) The anticipated environmental effects of the action; (4) The name and address of a representai.ive of.the petiticners for.the purnose of this section. � � (5) Any additional informal;ion that may be used in the EA41 to dPtermine whether the proposed action is a major governmental action or a major private action of more i;han local significance with the patential for significant • @11V1f011�Clental effects. (c) Council Action. (1) No petition need be revie�•red by the Council if the Council staff determines that: (aa) The petition lacks-50� signatures; or " (bb) The action is one to which these Rules do not apply, pursuant to MEQC 25(d); or (cc} Rules; or (ddj An EIS determination has been made in accordance with these The action is outside the jurisdiction of the EqC; or (ee) - The action does noi involve potential for significant environ- mental effects or have more than local significanc�. � ..(2) In all ot.her cases, tf�e Council staff shall refer the petition to a � ResponsiUle Agency for preparation of an EA4� or, where approprlate,.arrange -for a Council review pursuant to subd. (e).. a� � �d) -Reseonsihle Agenc.y Action. The Responsi,ble Ayency shall have 45 days in �� witich to_prepare the EAW, referred to it by the Cauncil pursuant'to (c)(2) and � shall thereupon pub.]ish an EIS Prepai�ation Notice or Neqative Declaration Notice. If �, a t•iegai:ive Declaration Notice is published; the representative of the petitioners, may, • �t within 30 days, request Council revie►v of the decision pursu�nt to MEQC 3p(e): � (e) On all petitions received withirr 30 days of publ.ication of a Negai:ive . � Declaration Notice as provided in t�tEQC 3G, the Council may co7duct a pu�lic hearing ;� to facilitate the Council's review of t•rhether an EIS must be p►°epared. Th e hearing � sha11 be held as expeditiously as pracLicable in a county to be affected by the �� proposed action. � ' . � At least two weeks notice of the he��°ing shall be given to the�{�roposer of the action, to all public agencies �vith j;rrisdiction over the action, and to the represent�tive of the petitioners. At the first m�nthly meeting at least 20 days after reccipt by thc Council and by requesting persons of the hearing officer's findinqs and reconunendation, the Counci; shall consider tfle reconti��endation and any writtei� briefs or ar�umcnL filed by interested parties to the hearing, and shall decide tvhether to accept, reject:, or niodify tiie recomnerclation.� No oral arc�umen* shaTl be �ermitted before tl�e COUIICI�. failure of the Council to act at this meeting shall be deemed r�ccept�►�ce of (:he recon�nendai;ion of the hear9ng officer. (f) , Rc�ccipt of' a valici p.^.tition by t:hc Council 4�ursuant i:o �ubdiv9:ion (e} shall susp�nci tlie 30 day periad s�>c�cificd in t4�QC 3G, until a final determinai;ion has bne�i ntacle by the Co�ntcil. ,• �. � 0 � E11RI.Y NOTICE RULES ' CHAPTER fOIJRTCEN �� • � MEQC 31 AU7110RITY . • ' . . To �rovid� early notice of impending actions which may_have significant � environm�ntal �ffects, the Council shall, pi�rsuant t� t�7innesota Statutes� 116D.04, subdi�ision II, publish a bulletin with the n�n�e of "FQC Monitor° containing all noticcs as specifiied in MEQC 34. Th� Council may prescribe the form and manner • in which the agencies submit any material for publication in:the E�C f�lonito r, and the Chairm�n aF the Council ma.y withhold �uUlication of any�m�terial n�t subniitted �accordir.g to the,form or procedures th� founcil has prescrihed. MEQC 3?_ PURPOSE • These Rules are intended to provide a procedure for notice 1;o fih� t�linnesota Environrr�ntal QualiL-y Council and to the public af nai;ural resource management and ' develo�ment permit applications, and impending governmental and private actions � Lhat may h�ve significant e m�ironmental effects. The ntoice given throuah the early nnt:c�: p►-�cedure� is in addition to public notices othen�rise requirecl I;y law or �•�G��1 �.t?nn. • . . . . . ... . . • � � •� � , MEQC 33 EXEtdPTID1�S : . � � • . . (a) All National Pollutant Discharge.Elimination System f'�rmits (NPDES) granted �y �h^ :linnesota Pollution Control Agency, ►m d�r the'auth�rit� qiven th�m by the Fn�i:�onnx�ntal Protr�ction Aaency, of the United State of Arr:rica, sh�ll be exPmpt �rom t,ie Early P�otice procedures unless otherwise provided by resolution of the Counci 1. � • : . . � ' . . , {b) Where, in the opinion Qf any.public aq?nc:y, strict �bservance nf thes� Rules .�would jeopardize the publir_ health, safety, or iv?lfare, nr �vould othei��isP generally compromisc� the public interest, the agenCy shall comply with the R��les as far as practicable. In such cases,. the agency shall carry out alternative m�ans of public , notification and shall communicate the sam� to the Chairman of the Minnesota Enviror�mental Quality Council. � � . � '(cj Ftny federal permits for�which revie��t aut.hority has been delegat�d to a public agency by the federal government may be exemated by Resolution of the Council. MEQC 34 EQC MONITOR PUBLTCATION REQUIREMENTS �� (a) Public Agencies are required to pubiish the fcllotiving in the E�C P�onitor: •(lj Notice of natural resources manaoement and development permit applications for actions and all proposed agency aci:ions which are inclt�ded in NEQC 26(a)(31. •(2j EIS Preparai:ion Noiices and notice5 of Negative Declarations. (3} Notic� of receipt of permit anplic�tions or of q�vei�nment pronosals for n�tu�•��1 resoui-ce management and develo�ment �ermit applications (Minn. Stat. 116D.04, Subd. 5) when the proposed ac.tion will occur in: .(aa) An area desi�nated a Critical Ar�a by the gov�rnor; or . (bh) An are.a designate� a Wild & Scenic River Area by the C�mmissioner of Natural Resources. • , . • (�) Notice of other actions that- L-tie Council may sper,ify by Resolution. � � �15� � � . , �' � � ` � . i (5j Notice of Draft EIS hearings to,Ue held pursuant Lo MEQC 2G(c).(G).� (b) Public /lgencies may publish noiices of general intierest or information in the EQC Monitor. (c) The MEQC is required to publish the following in the E�_C_ Monitor: (1) Receipi: of valid petitions, pursu�nt to MEQC 30, and assignment of a Responsible llgency therefor. �� (2) Receipt of Draft or Final EIS. (3) Notice of intent to take any action pursuant to Minn. Stat. 116D.04, ' Subd. 9, wiih notice of the hearina held therefor. � ' '(4) Recei�t by the Council of notice of nonconcurrence by petitioners or a public agency ��rii;h a Proposer's or_Responsible Agency's' IQegative Qeclaration, and the•tin�� anci piace at ►�rhich i.he Council vrill review the matter, including notice of public hearings, if any. (5) Certification of Local Plans pursuani; to Minn. Stat. 116G.01 et seg. (Crit��cal Areas Act of 1973). . ^ a.� � • (6) Issuance of a Certificate of Corridor Compatibilit.y or Site Compatibi.lity, or a}iigh-1.foltage iransmission Line Construction Permit pursuant to P1inn. Stat. 116C.51 et se .(Po:�rer Plant Siting Act of 1973). ., MEQC 35 COi�iENT OF �OTICE � (a) The information to be included in,the notice for natural resource r�ianagement and development permit applications and other items in MEQC 34(a)(1) and (3) shall be submitted by the public ageney.on a form approved by the Council. This information shal l incl ucfe; � . � ... . (1) Identification of applicant, by name and mailing address. � � � , (Z) The location of the proposed project, or descriptiosi of the area affected • by the action by county, �linor �ivil �'ivisi�n, public land survey township .nwnber, range number, and section number. � . \ � (3) The nan�e of the permit applied for,�or a desc��iption of the proposed project , or other aci:ion i.o be underi:aken in sufficient �etail to enable other state agencies . to determine whether they have jurisdiction over the proposed action. � (4� A statement of ��rhether the agency intends to hold public hearings on the proposed action, along with the tinle and place of the hearings if they are to be held in less than 30 days from the date of this notice: .(5) The identification of the agency publishing the notice, including the manner and place at �ahich comments on the action can be submitted and additional infoi°mation ean be obtained. , MEQC 36 FINAL DECISIONS AtdD ACTIONS . (a) t�o final deeisions granting or denying a permit application for �•�hich notice is required to be published shall be madc until at least 30 days following publication of the notice therefor. • - � (bj No puUlic a9ency pronosi,ng an action for which noticc is required to be • pu�lished shall beyin to implement ti�at action.until at lcast 30 days following � ' publication of Lhe noi;ice thcrefor. � . -16- . , . , � II � � i � �. , � � �� MEQC 37 STIITEMENT OF COMPLIANCE �D � Each�governmental permit or agency authar9zing order subject to the .requirenrnts of these Rules issued or granted by a public ac�ency shall contain a statement by the agency concerning �vhether i;hese Rules have been complied.with, and publi�cation daies ofi the Notices, if any, concerning that permit or autharization. MEQC 3II PUaLICATION � . . (a) The Council shall publish the E�C Monitor t�rhenever it, is necessary, �excepi that material pro,perly submiti:ed to the Counci�shall not reamin unpubiished fo�^ more than lU working days. . (b) The E(�C Monitor sl�all have a distinct and permanent masthead t-rith the titTe "EQC ��lonitor" and L-he ��ords "State of tdinnesota" promineni:ly displayed. A11 .issues of the �C ��tonitor shall be nun�bered and dated. MEQC 39 COST AND DISTRIBUTION •(a) When an agenc,y properly submits material to the Counci.l f�r publica'�:on, tf�e Council shall then be accountable for the p�iblication of the same in th�a EQC h4onii:or. The Council shall require each agency which requests the pubiication � of material in the state register including the Council itself, to pay its proportiona�e cost of the E(�C t4onitor unless other funds are provided and are sufficient to cover the cost of i;he EQG P1onitor. (6} 7he Co�m ci} may organize and distribute contents of the E C I�ionitor accarding to such.categories as ti�rill provide economic publication and distribution and vrill offer easy access 1:o information by any interested party. � (c) The Council may fiuriher provide at least one copy to the Documents Divisian fi'or the mailing of the EQC trionitor to any person, agency, or oraanization if so requesteci, provided that reasonable costs are borne by the requesting party. Ten capies of each issue of the E�C ��lonii;or, however, shall be provided �+tith�ut cost to the lec�islative reference lib'rary and ten copies to the state law librar�, and at least one copy to designated EQC depositories. (dj The EQC shall provide adequate office space, personnel and supply necessary equipment for the operation of the EQC Monitar without cost to the agencies. � MEQC 40 GENERAL � ' � (a) Publication duties of the f�_C_ Monito�• may be transferred to the State Register apon Resolution of the Council. (b) NEQC 34(b) may be supplemented upon�Resolution of.the Council to include . .� � notice o�` consolidai:ed state permii: applications. ' � . � MEQC 41 EFfEC7IVE Dl�TE . The'amendments to these Rules shall take effect on � All petitions received, enviro7mental assessments ordered, and environmental . impact staten�ents ordered 'oefore the effective date of the amendments�shall be processed and revicti•rec! as if these dtll�il(.''11Y?)1�S wcre not in effect. Projects previously • revieweci or exe��pted by the EQC are ��ot subject to these Rules. 0 _t].. 0 4