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PL 12/03/1975 - 7525.�. •- . CITY OF FRIDLEY PLANNING COMMISSION MEEtING - DECEMaER 3, 1975 CALL TO ORDER: ROLL CALL: � • APPROVE PLANNING COMMISSIO;��MINUTES: NOVEM6ER 19, 1975 RECEIVE APPEALS COt�1P�iISSION MINUTES: NOVEME3ER 26, 1975 RECEIVE ADMINISTRATIVE STAFF REPORT: 7760 Eim Street N.E. t�y Paco �1asonry, Inc. Speculatiue Industrial Building RECEIVE RDNiINISTRATIVE STPFF REPORi: 7790 E1m Street N.E. by Pac� Masonry, In�. Specillative Industrial E3uilding �. PUBLIC HEARING: f�EQiJEST FOR A SPECIAL USE PERMIT, SP #75-27, BY MARGARET �ERRELL: To allow a second accessory buil�ing, a 28' x 32' detached garage, on Loi,s 9, 10, Block 3; Plymauth Addition, per Fridley Cit� Code, Section 205.05T, (2,A), the same being 4832 '2 1/L Street �d : E. 2. C'UBLIC NE{�RIt�G: REZONING REQUEST, ZOA #75-06, BY Ui�ION OIl_,�CONPANY: To rezone part of Lot l, Auditor's Subdivisiuri No. 25, from C-1S (local shopping areas) to C-2 (generai shopping areas) to make zoning � �c�nsistent v�rith use as a service stat}on., the same �einq 5b95 Nackmann Avpnue N.E. 3. PURLiC HEARING: REQUFS7 FOR /� SPECIAL USE PERt�iIT, SP #75-2�, LY l:��ION OIL COMP�tNY: To permit the conti�auation of an exist�ing service station, per F��id1�J� City Code, Section 205.051, B, (3,E) on part of Lot l; Auditor's Subdivisicn No. 25, the same being 5695 �!ackrnanr, F�venue N. E. ' 4- . 5. 5. RECGi��EfvDATI-0N ON PROFOSE[� RULES AND REGULATIONS FROM Eh!1� I Ri�f,:f�iFN'T�L (1l:F+L ITY C�JNC I L ----- -.��_...-------_.._._._ _ _ Fl�DITIOfvAL��ATH, 0('r PR��OSED CQMnREHENSIVE HOUSING PLAN C�3NTI�dU�Ci: �2�Vi�' f1`F CO�i�;SS?ON'S GOALS & OEiJE�TIVES �l� � e o � �� /� #) � _ V , `� � 7:30 P.M. PAGES 1 - 9 At Meeting 10 11 12-16 17 - 2 5 17-25 2G - 42 At Meeting 0 Special Packet � r a � ��'1 � . �, r , :'. PLANNING COMMISSION MEETING CALL TO 4RDER: CITY OF FRIDLEY NOVEMBER 19, 1975 Chairman Harris called the meeting to order at 7:35 P.M. ROLL CALL: Members Present: Harris, Scott, Bergman, Langenfeld Members Absent: Drigans, Peterson Others Present: Jerrold Boardman, City Planner. Ray Leek, Planning Aide APPROVE PLANNING COMMISSION f�1INUTES: NOVEMBER 5, 1975 PAGE l Mr. Langenfeld said he would like to i�ave the third paragraph on page seven of the minute� to be amended sc� tha': his statement would end with the words Public Hearing and the balance of the sentence deleted. MOTION by Langenfeld, seconded by Scott, that the P.Zanning Commission, approve their minutes of November 5, I975 as amended. Upon a voice vnte, a11 voting aye, the motion carried unanimously. RECEIVE HUMAN RESOURCES COMMISSION MINUTES: NOVEN3ER 6, 1975 Mr. Scott said this �o.mmission did not have verbatim minutes. They ^ usually wanted in t�e minutes something on which they were divided on or there ,� � was some controversy. He felt that as a conservation measure, it would be �� a good idea if all minutes aaere printed. on t�oth sides because with all the minutes that were printed, this would be quite a conservation of paper. � . Mr: Bergman said the firm that he worked for had a contract with Horner- � Waldorf to pick up all their scrap paper. He�said each desk was supplied with a container to place this scrap paper into. He said it was balea and then picked up. He said they even salvaged cardboar'u boxes. He wondered what the City did with their waste paper. Mr. Boardman said he tf�ought it was baled and picked up by the garbage collector. Mr. Bergrnan said that if it wasn't baled according to �vhat type of scrap paper it was it couldn't be recycled. It � was just.hauled to a land fill. He thought that handling like h�s firm did was a good idea because the compar.y made a little money on it, and the people who worked thEre kr�w'.that they tMere helpin� to conserve our resources. He thought this was someth�r�g the City should check into. i'� � 't � y Mr. Scott said he was prepared to give a recammendation on the rules and regulations for Environmental Impact Statements. Mr. Scott said there was a member of the Environmental Quality Commis�ion and a member af the Parks & Recreation Commission at this meeting. They both have had a lot of exoerience with petitioning for an environmental impact statement. From this experience, the Human Resources Commission felt that�:the material they were req«esting�to have included�4aith a petition signed by 500 people was a process w�rich may be in violation of the first amendment of the constitution because governmen�t may be abridginq the rights of due pracess of people who petit�ion the government by placing an inordinance burden of proof y A- =...'t;T. . 6��.�. n . Planning Commission Meetinq - Navember 19, 1975 Page 2 upon them, to get their grievance�settled. The description of the action and � the kinds of requir�ments that the Environmental Quality Council may impose on � the people petitioning might require more expertise than what dn average citizen ��: may have. They thought the burden or proof should be on th� person who was � perpetrating the action, to allay the fears of the people petitioning.� ' Mr. Langenfeld said i�e thought the individual that was affected by this � environmental inpact statcment had the rig�� to appeal and the petition method L � was another method of app�aling. He ccuian't see all the burdens that were ' placed on a citizen who petitioned, as fa.r as the rights of a citizen were concerned. � Mr. Bergman said it was his understanding that it would not work as Mr. Scott had been describing. He didn't have �oo much experience with this, bui he thought the information that was requested could b� in layman's langyage. . Mr. Scott said that the proposed rules and regulations state that in addition to the 500 signaiurea, �F�e �e�:��on shull include the following written informatio�: (i} Description of t�e action: (2} Proposer of the action; (3) The anticipated environmental effects of the action; (4) The name and address �f a representative of the petitioners for the purpose of this sectior; (5) Any additianal information that may be used in the EAtd to determine whether the proposed action is a maj�r govern- mental action or a major private action of more than local signficance with potential for significant env�ronmental effects. Mr. Scott said he thought it required technology and expertise to prep�re this information that may not �e available to the petitioner. � , � Mr. Boardman said that previous to this prcposa�, a peti�ion with 50� ' � signatures was a mandatory environmental im�act statement. The Environmental `"� Quality Cauncil determined that 95% of the petitions were unfounded and were being used as a'hoTding action or io just stay the development for purposes other than environment. Under this new sys�em, the Environmental Quality Council can review the petitions and then determine if an environmenta1 impact� statement was really necessary. This would Ue'determined by the reasens which accompanied the petition. He said he thought that �rhen a citizen signed such a petition, he should know the reason he signed�it, ana should be willing to state them. Mr. Harris said this discussion should-5e brought up at the next meeting when they were making their recomrn�ndation on this proposal. MOTION by Scott, secon.ded by Bergman, that t_h� Plannin_q Commission rE.ceive the minutes of the Human Resources meefing of November 6, Z975. ' Mr. Bergman said he noticed �in these minutes that this Commission was •questioning the Planning Commiss�on referral process as to 3.2 Be€r requlr•ements and this E.I.S. proposal, and ,yet Mr. Scott had askPd �or these two items to be sent to this Commission. Mr. Scott said the minutes reflected that the que'stion was askecl, but it was stated at the meeting that they wanted to look at all ihese th�ngs. ^ , � Planning Commission MPeting - November 19, 1�75 Page 3 Mr. Scott said their Commission would be working on a policy as far as • anconscious sexist language. He said that several organizations had policies as to whether they would use chairman or chairperson, and he thought that what � ever was used, it should be uniform in City documents. Mr. Langenfeld said there . was already an awareness of this, and they had made a motion at their last meeting in regard to this. , Mr. Langenfeld asked Mr. Scott ab�ut the ��ce'of Jo Ann Rice of the Fridley Sun at this meeting. Mr. Scott said he was disappointed in the attendence, because this was well advertised and he had heard a lot of criticism of the Sun, but this was not evident at this mee�ing. The discussion was mostly about what the Sun constituted as news and their editorial policy. UPON A VDICE VOTE, aI1 voting aye, the motion carried unanimously. RECEIVE MEMO FROM JERROLD BOARDMAN ON ENVIRONMENTAL SPECIAL f�EETING OF NOVEMBER 13, 1_975 LITY COMMISSION MOTION by Berg�an, seconded by LanqEnf_eld, that the Planning Commission receive the memo from Jerrold Boardman. Upon a voice vote, aI1 voting aye, the motion carried unanimously. Mr. Langenfeld said that when special meetings were called, it was difficult for individuals to attend, but he was disappointed at the turn aut for this meeting. � Mr. Bergman asked what this was going to do to the time schedule? �1 Mr. Boardman said this will be considered by the Environmenta.l Quality � Commission at their regular meeting on November 20th. Their recommendation �� will come �o the Planning Commission on December 3, at which time the Plan- �ning Commission will make �heir recommendation. It will then qo to the City Council on December Bth. This could all be done within the 20 day perio�d, but it would be a tight schedule. RECEIVE ROUGH DRAFT OF THE COMPRENENSIVE HOUSING PLAN Mr. Qoardman said this was not the complete Comprehensive Nousing Plan, but we wanted to give you each section as it.was campleted, so we could get the ball rolling so we can meet the deadline for appl�cation for Community Development block gran�s. He said this was only ±he survey and analysis section, with recommendations, but it was an important part of the plan. He said the deadlin� for application for black grants was in February. He said there would be an introduction to this section, along with maps and gr�phs. Mr. Leek said this was compiled from two sources of information. The. . population data was obtained from census data,:t�ie�:r.o Council in�truments and discussaon with the City AsSessor. The housing�data was taken from the Assessor..'s files as to the ty.pes of residences in the communi�ty, rertts, the._. value range of housing, and the condition and age of the structures. �'He said this first section of the Comprehensive Housing Plan was a survey of population growth ar�d population characteristics and an �inventory of the housing supply � and hoi�s�ng characteristics, with an attempt�to place the City in the metro- politan scale. The second section was an at�empt �:o take the analysis we have done, and project it into the future so we could make some assump�tions �;,� Planning Commission Meeting - November 19s 1975 Page 4 as to what's going to happen in Fridley and pr�ceed to analyze the City's goals and discover what kind of programs a�ould nelp the City to develop good housing goals. Mr. Leek said the primary way that we analyzed the data �i was in relation to Northeast Minneapolis and Columbia Heights, because we found that there wr�s a certain regular out=movement of population and a certain series of stages of growth in a community: We studied what happened in these communities since 1940 and related that to what has happened so far in Fridley, and what we cou7d anticipate. � MOTION by Langenfe�Zd, seconded by Scott, that the Planning Commission receive �he rough draft of the Comprellensive Housing Plan. Upon a voice vote, a11 voting aye, the motion carried unanimously. � Mr.'Harris said he thought this ti��as about the most important thing that the Planning Commission had to consider, so f�r. He felt this should be reviewed by all the member Commissions arso. Mr. Boardman said th�s �r,fUs only � ro�;gh dN�f�, and th�re may be some changes made, before this was finalized. Ne�said everyone was being brought into this right at -the grass roots. f-ie said this would be reviewed by the City Council, the Planning Commission, the member Commissions �and some service organizations, at the same time that the City staff would be reviewing it. He said he would like all the input back in mid-December. He said tha� approval of this would'have a l.ot to do�with how �Fie application�was made,for Commuaity Development block grants in Febt°uary. Mr. Harris asked Mr. Leek if the heusing survev was contained in this rough draft? h1r. Leek said it wasn't. Ne said he has a set of preiiminary � notes �hich they were in the process of �eing translated into another form. He said this would be in a set of maps that would be ready in about a week. ,� He said he had other material that was ready to be translated into graphs which • would be included in the Plan. C�Ir. Harris said he would like to see a copy of that survey. ' � Mr. Boardman said that basically what.th�y would have in the Plan � would be a map that would pir�point the st!��uctur°es that were in poor condition, fair condition, etc., with an everlay shotving the concentration of low-. income housing, where the elderly live, etc. With these concentrations�we wili determine which areas need rehabilitation, and we will set up our priority ratings accordingly. We h�v€.� also tried �cn show trends by looking at North- east Minneapolis and Columbia Heights, and- how that carried into Fridley. This will show what we can anticipate as eur structures get older. Columbia Heights has curbed this sonrewhat, due to types of p.rograms they have had, 'sc� that a lot of decay and deteriaration ha� not occurred. However, this curbing has n�i taken �lace in the City of Fririey, so we are anticipating similur effects as to what took place in Colum�iia Heights about ten years ago. Chairman Harris asked vahen they coul� expect� to have the completed maps and data? Mr. Leek said it wouid be re��fy for the next Planning Commission meeting. Mr. Boardman said they would be constantly bringing material to the Planning Comrnission. The�Pianniny Conin�ission will be the coordinator of a11 the material, although the material will be going to everyone at the same time. � Mr. Baardman said he felt th�re was some very sound data backing up the information and he thought Ray LP�k haci done an excellent job of putting tli� Plan together and making recomm�ridations as to the course of action that should �e �ken, ' Planninq Commission Me�tin� Navember 19, 1975 Paqe 5 . � Mr. Langenf�ld asked if Mr..Boardman wanted the member Commission's recommendations on the plan by the 17th of December? Mr. Boardman said n he would like to have thern before the holiday break. Mr. Langenfeld said he thou`ght the Environmen'ta1 Quality Commission meeting in December was after the 17th. Mr: Bergman said the Community Development Commission would only � have one meeting before December 17th. He said he didn't think�that was a rea�onable time to allow the member Commissions to review this. n � Mr. Harris said he di�n't want to see this Plan rushed. He said this was of paramount importance t� this commun�ty. If we can't house and feed our people, we might as well forget all the rest. He said he understood Mr. Boardman's concern about the timetable because of application for the grants. He said that this was where people live, and we should be careful of what we do, and make a good jab of it. Mr. Boardman said he agreed with that. He said that while the various Commissior�is were working on this, he would be working to put the application together for block grants. However, there were certain Pub1ic Hearing aspects that had to be met in making application for a Commun�ty Develo�i��cnt block grant. I-ie sazd that if ��e missed the'.dead- line this year, we would miss the funds for another year. f!e said these funds would be for low cost loans for rehabilitation, etc.. Mr. Harris said he wouldn't want this to turn into a polit�cal football because we rushed through this and didn't examine the Plan properly. Mr. �oardman said they coul.d discuss timetabies at the next meeting. � - Mr. Bergman saici he had noted in a Metropolitan review that the l��using and ar�d.R�deue3opment Authority had been granting funds for 500 units of subsidized housing. It stated tha� houses in the following communities were eligible for rental sub5idies: Columbia Heights, Coon Rapids, Brooklyn_Park, Hopkins, New Brighton, New Hope, North St; Paul, Robbinsdale, Rosedale, Richfield, .St. Anthony, Shaknpee, and Stillwater. Not Fridley. Mr. Boardman said 'Fridley was not a member of the HRA and have not applied f�r such funds: Mr. Bergman said 4!hen he read such things, he wondered if we wer'�e doing the job so that such funds w�ould be available to uso Mr. Boardman said we don't want to apply for funds without a plan. He said he didn't think the City Council was ready to jur�p into the Metropolitan Council hornet's nest down there. t�1r. Bergman said did t{�at m�ar� that all these other communities were ahead of us as far as having plans? They are ahead of us in terms of getting money. h1r. Harris said that a lot of communities just make application for funds without a plan. Then the money does not benefit the people it was supposed to benefit. He said the danc��r there was that the fecferal government could stop such funding when it WaSCI�t being used as it should be used. He said he would prefer to go a 1iti:le slower and come up with a responsible Plan, that wouid benefit our citiz�ns. Mr. Boardman said th�re was a pre-application time for making applicaton for block grants. This was from February lst to March 15th, 1976. He said they could c(� this while tf�e Plan was being finalized, " Mr. Foardman said that Fridley was in priority one as far as housing with the Metr�politan Council because we are a first ring suburb and we could take some of the load fron� the metropolitan �rea.. MOTION by Lanqenfelc3, seconde� by Scott, tiiat a11 member Commissions r.eview this Comprehensive Housii�g Plan as the sections are completed. Upon a .�� Planning Commission Meeting - November 19, 1975 Page 6 voice vote, a11 voting aye, the motion carried ur.animously. Mr. Harris said this would give all the member Gommissions a chance to �� look at this plan, and�if they don't wa��t to make a recommendation, they k can send it back with no comme��t. � � Mr. Boardman said he would quickly run through the recommendations so that the member Commissions would know wh�t sertions could a�fect their Commission. ' (1) The fi rst recommencla ti on was t� di rect i�;s primary efforts i n housing toward neighborhood preservation. 4Jhat we want to tr•y to do was to d�rect efforts towards defining neighborhoods and sirengthenin�� their vis��al, spatial and social cohisiveness. In other words, we are trying to prese�v� the i�eighborhoods with a neighborhood. atmos�here. l�!e �re also loaicina at street imp�o��emehts and improvements in the parks and recreation aspect. i'hings that wil? bring pride back into these neighborhoods. We want to link thPSe ��eiahborhoods together vrith the development of the bikeway-walkway system tnat has alr•eauy been approved. " Mr. Qoardr�an said another thing to help neighbarhoad preservation was to develop resource centers that citizens can contact if they �vant he-Ip from some one to ma:ntain �. and rehabitate their hoine. (2) This recommendati�n was to make application for Communi±�y Gevelopment funds. � Mr. Boardman said they tnoug,�t tr;ey cculd u�E this as l�vera.�e mo!��y for lew cost home improvemei�t lo�ris: L�ie car-� rrake a��y ironey w� get undc�r block grants go a lot further, if we c�n use riart of �it a.s leverage money. ��ir. Boardman. said this would have to be set up v�ith o�ar local le��ding institutinn�o (3) Application sho�ld be made f�r• �9ii�inesota Housin� Finance ASer�cy funds to be used for making l�w interest hausing rehatailitaticm loans. � ' (4) The City of Fridley should n�ak� app.licat�an to HUD for Sect��r€ 8 (rent subsidy) fi��.ar�ds. (5) Thi s recammendati or; �vas that t!�� _ Ci ty re�val uate current l ar�c� i!ses . i n Fri dl ey i n ordea^ to �eter�ni ne i f thE: re i s an .adequate b� � a��:.e between commercial-induut•riai a�ic: re�ident�al land uses. �ir. �,:,oardman � said this �ti�as wh�er� tF�e c�.ir�ent c�tr�nt��ior_�nsive land use p1ar� �hr�uld be re-studi.ed. ' (6) They were also rec�mir��ui�-�g a rev�:e�: of the resi��r�tial zon�►�� c�c�e�•. (7} Tl��t the City c�s��n�;?r�ly ��vi�w �xi:;�ing �fGderal, st.a�� r�d local programs for comrnun � ty devel o{:rner��c ar,.�', r.�t�k,e �xppl i cati on fo�° i;EU�se � programs for which it; is eligitsle. ' � �Sr. C�oa��r�an said these were .t�� se��n rec;ommr�ndations �f the p1an. Planning Co�»ission P�eeting — November 19? 1975 Pa�e 7 __ PLANNING COMMISSION VOTING PROCEDURE � Mr. Langenfeld asked if the Chairman of a member Commission was bound by their Commission as to how they voted on iiems at the Planning Commission level, or if they could vote independently, or if it should be a combination � of both. Mr. Boardman said that was a decision that each Planning Commission would have to make on their own. Mr. Langenfeld said sometimes his opinion was contrary to what his Commission felt. Mr. Scott said that he thought the Planning Commission member was voted chairman of his Commission by the other members, and he should represent that � Commission's opinions wi�en he voted as a Planning Commission member. H;� -��;;�' that if the Chairman voted on something at the member Commission level`��ki�a-- he shoul d vote he �rne ��ay at �he P1 anni ng Commi ssi on l evel . --�` �� .�� ,�."�.' Mr�. Langenfeld said that it has been implied many times, that his vote was only as the Environmen��1 Quality Commission chairman, and he didn:t feel that this was always necessarily so. h1r. Boardman said the Planning Commission, and it needed input from the member Commissions and from their Chairman_. If the member Commission anc� their chairn�an had.opposing points of view, th.e chairman still only had one vote on any proposal. CONTINUED: REVIEGJ OF CCMMISSIQN'S GORLS AND QBJECTIVES � The Planning �ommissior� revieufed the goals and objectives of the Human Resources Commission. Mr. Qoardman said he didn'�� th�nk t'�ey should spend too much time discussing word usage, because not all tne goa�ls wou�d be used by the Planning Commission, and they could deterrnine the wordage at the time they adoped their awn goals and objectives. � Mr. Scott explazned what had already been accomplished an some of their goals. He said that for goal three, f=ine Arts, the Wuman Recources Cammissions has facilitated the formatior� of a fine arts group and there will be a live � play in Fridley. This 4ras done under the 1eadership of Nancy Lambert. Chairmar� Harr�s said this n�ight be an area that would interest senior ci ti zcr�s . � Mr. Scott said under goal four, Human Rights, Objective �0, they did do a study of tenant.7la�dlord re�a�ionships, and there didn't seem to be too much of a problern in Fridley. Chairman Harris declared a recess at 1�:20 P.M. and reconvened the Planning Commission meeting at 10:35 P.M. ' Mr. Scott sa�d the prapose� corn�rehensive housing plan covers almost everything they had �in the Housi►�g/Public Accommodation goal. He said this ^ could also be a goal of the Commur�ity Development Commission. Mr. Scott said the Numan Resources �ommission would li{;e to deve`lop some kind of broad policy . statement on human value� that �ould be used by other Comn�issions as they study different propasals. •,� °° PTanning Commission Meetin - November 19, 1975 Pa e 8 Mr. Harris said the Community Development Commission's concerns and the � Human Resources Commission's concerns may be the same in a lot of areas, but ,� he didn't think that was a�T bad. Mr. Qoardman said there was no problem with over-lap. Mr. Harris said that everyone`s concern should be people. He said that when everyone was concerned about peaple, rather than things, we would a11 be taking one big step forward. Mr. Scott said the Social/Economic Development goal was a result of a League of Women Voters study. The person who did this for us was Agnes Wolfe. He said they were going to attempt to have an orientation program for the con�nunity on the Community Correction P1°ogram. There was a lot of discussion on crime prevention. Mr. Scott said the Youth Project goal hasn't had much done on it since the original survey. He said the Red Cross has come into the Community, and they are interested in providing guidance and �leadership for young people. He said.the main thing was that wnen anything came up that affected young people they had a project grou� to contact.for input. _- Mr. Scott said the next goal was Chiid/Day Care Centers, and this goal could be del�ted because they are forming a child care guTdance committee at the County. He said he had aitended this. meeting with Helen Gbala�.�nd:-Pat •�Kindon, and two persons from M�tronic. Ne saici they were complimented on what they had done as far as child car� cEnters in Fridley. We are the only Community in the Co�nty that ha��,any asse3sment of the child care needs for their community. As a r�sult of �his, Helen Gbala ��as unanimously elected as the chairperson of this committee, and Pa� Kind�n was elected to the board. � He said that the cooperation hpi:ween ��letron�ic's and the City of Fridley was the only cooperative effort �4tween industry and a m�nicipalit�! �*�1�thc�_State af h1innesota. Mr. -Scott sa�id ��e �aad been askEd to testify at the State C�ri1d Care Advisory Committee as a representative oT the City of Fridley. Mr. Scott said that through the efforts of the Human Resources Commission they would be offering the High School Equivalency Test at the Fridley Library. Mr. Harris said that und�r the Educa�tion gaaT; he thought there should be some mention of the Natural�st and the Island's of Peace. Mr. Scott said this had been overlooked and should be part of �:ht Education goal. Mr. Scott then discussed �;hE las� qo�l, Information and Referral. He said that as a result of Gail John,o��'s effot,ts, �ti�e c�iscovered there was a federal law which says that a community should have some type of information referral, but ti�ere w�sn' t one i n Fri c11 ey. Wi t'ri �the F�el p of Southern Anoka Communi ty Assistance program, who we are encouraginq to provide this service for our Community, we may be able to �ulfill this gr�al. All members of the Planning Commission told Mr. Scott that the goals and objectives were well done. MEETING WITH REPRESENTATIVE OF CN�IMQER QF ft;hSMERCE � Mr. Harris said thai Mr. Boardman and hirrse7f h�d met with a representative� the Chambe�� of Commerce at ti�e�ir reque.st. t-!� said the outcome of this meeting was that they wanted a resurrection of the old Tndustrial Development Comm�ssion. They would like City endorcement for a pa�°ticular industry. He said that what �'1 Planning Commission Meeting - November 19, 1975 Page 9 what�they were talking about he fel� was really a function of the Chamber - of Commerce. Mr. Harris said the Planning Commission, he knew, was willing to cooperate in any way it could with the Chamber of Commerce. He said it could probably be a project committee under the Community Development Commission which could work on how to encourage industry to come to Fridley, but he did think it would be a function of this Committee to solicit industry for Fridley. GENERAL DISCUSSION Mr. Bergman sai•d he thought that Plats & Subdivisions-Streets and Utilities should come to his Commission, as it used to go to a Sub-Commission before the reorganization. He said he thought a lot of time was spent on these things at the Planning Commission level that could be settled at a Sub-Commi•ssion level. Mr. 6oardman said that he didn't think there would be too many new plats, as Fridley was pretty well platted at the present time. He said the other things, lot splits and vacations, were usually quite simple to handle,.and to send a petitioner to another meeting, would just delay them. He said that he thought that staff input was enough for such requests, and the Planning Commission had to hold a Public Hearing on Plats anyway. . Mr. Bergman said it was all very well to have staff input, but it seemed to him that when Staff said they could see no.�roblems with a proposal, the Planning Commission then asked questions for 45 minutes. He said for some reason, when the input came from a Sub-Commission, it seemed to go through'. the Planning Commission much faster. � Mr. Berginan a�so brought up the terms of the present Plann�ng Commission members. He said that the terms of 4 members of the Planninq Commission Htould be up in April of 1976. He said he didn't know if he cot�ld agree that�_electing a person to serve on the PTanning Commission every year was a�rise. He said �t took a�most that long to find out what was going on. He said he thought it took a learning process to become an effect�ve Planning Commission member. He said he thought the program schedule was very awkward arid not � very effecient. ' ADJOURNMENT: MOTION b� Langenfeld, seconded b� 5cott, that Upon a voice vote, all voting aye, Chairma� Harris Corrunission meeting of Noverr�er 19, 1975 ad journed Respectfully submitted, �� Dorothy Even , Secretary ^. the meeting be adjourned. declared the Planning at 11;55 P.M. :�_ ar, ADMI�IISTRATIVE STAFF REPORT . � 7760 Elm Street N.E. by Paco t�lasonry, Inc. DESCRIPTION: �� This permit is for the construction of a 102' x 99.5', 10,149 square foot speculative building located at 7760 Elm Street N.E. The property is zoned M-2 (heavy industrial areas). The building�will be constructed of a combination of concrete block and brick to match much of the new construction that is being developed in the area: The proposed structure - presently conforms to the zoning code, except for the rear yard setback and the sideyard setback. These exceptions have been recommended for approval by the Appeals Commission. The parking for this structure is being provided by a joint parking lot t: be shared by 7790 Elm Street. This parking lot meets the requirements for bath structures, according to the zoning code. 0 ENGINEERING: , The drainage on the property will be toward Elm Street: There is no anticipated engineering problems. � ENVI�ONMENT: No anticipated harmful environmental effects. Building should be beneficial to total improvement of the Onaway area. 'STIPULATIONS: 7. Complete landscaping as per offic2 copy dated 12/2/75. 2. Written agreement to be submitted to the City by the adjacent property owner showing approval of the zero=lot linp setback for building. 3. .Submit letter to the City stating that property will not be sold without joint parking agreement with 779Q Elm Street N.E. ' �� .� r'1 _.� ADMINISTRATIVE STAFF R�PORT 7790 Elm Street N.E. - by Paco Masonry, Inc. DESCRIPTION: • �� This permit is for the construction of a 99.5' by 51', 5,074 square foot speculative building located.at 7790 Elm Street N.E. The property is zoned M-2 (�eavy industrial.areas). The building will be constructed of a combination of concrete block and brick to match much of the new construction that is being developed in the area. The proposed structure presently conforms to the zoning code, except for the rear yard setback and the sideyard setback. These exceptions have been recommended for approval by the Appeals Commission. The parking for this structure is being provided by a joint parking lot to be shared by 7760 E1m Street. This parking last meets the requirements far both structures according to the zoning code. ENGINEERING: � The drainage on the property w�ll be toward Elm Street and 78th Avenue N.E. There is no anticipated engineering problems. -. • � ENVIRONMENT: � No anticipated harmful environmental effects. Building�should be a benefit to t�t�a1-improvement of the Onaway area. STIPULATIONS: 1. Complete landscaping as pe�r office copy dated 12/2/75. 2. Submit letter to the City stating that property will not be sold � without joint parking ag�reement with 7760 E1m Street N.E. ; _. � �� r� � � �2 OFFICIAL NOTIC� CITY'OF FRIDLEY PUBLIC HEARING QEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the Gity of Fri�ley in the City Hall at 6431 University Avenue Northeast on Wednesday, December 3, 1975 at 7:30 P.M. in the Council Chamber for the pur�pose of: A requ�st for a Special Use Permit, SP #75-27, by Margaret Me�^rell, per Fridley City Code, � Section 205.051, 2, A, ta a11ow the eonstructi.on � of a second accessory building; a 28 ft. by � 32 ft. garag�, on Lots 9 and 10, B1ock 3, �� Plymouth Addition, all�lying in the South Half of Section 26, T-30, R-24, City of Fridleyg � ' Couniy of Anaka, Minnesota, � Generally located at 483� 2 1/2 Street NoE. Any and al'I p�rsons desiring to be heard shall be given an opportunity at the above stated time and place. . � RICHARD H. HARRIS . CHAIRNiAN - - PLANNING COMMISSION � Publish: November 19, 1975 November 26, 1975 � { � � ^ CI'I'Y 01� I�RID[ CsY .tili�NfStYt',� � �� PLANNINC AND ZONING FORM ' NUM13LRk . � . ' � S S IG�IA'I'URIi li/L�� API LIC/1N f _�� Acldress �� `'� 'z"�-{-''� Telepl�onc Number .>� t%-` �� 7 � �- �`!�� (° �'� �'��O ( PI20PL'RTY ONNER' S SIGNATUIt� Address Te1ep11one Number � TYP� OF RL'•QUEST Rezoning �� _� Special Use Permi.t Approval of�Premin- ,� inary F, Pi.na l Plat Streets or Alley Vaca.tions Other v✓ ' Fee�?.S � Receipt No.'��_ ! - --; Street Location of Pro�erty � �---� �'��..�� Legal Uescriptioi� of Property ;_��`-�- �% /v ��-�� ' ' �-� % �. Present Zoni�lg Classification �/ Existing Use of Property /`v�-�-��-� Acreage of Property Describe briefly the proposed zonir�g classificatio,i or type of use �and improvement proposed �'�.��v-�� '� `'�-��'`"E�--� --- ��.�'-�`-� �/ �- �/ X 3 �-- G�_t-c'- ./u� �� y � �--� � � �JU � / ��, /�J 77 � Has the present applicant previously sought to rezone, plat, oUtain a lot s�lit or � variance or special use per.mit on the subject site or part of it? yes �o� lt'hat was reaues �ed and „�11en? � 0 The undersigned understands �hat: (a) a list of a.11 residents and owners of property witliin 30D feet (350 feet for rezoning) must be attaclzed to this ap}�licatian. (b) This apl3lication miist be signed Uy all owners of tlie property, or an explanation given wl�y this is not tllc case. (c) Responsil7ili_ty for a.ny defect in the proce�clings resulting from the failure to list t}le names a�ld a.ddresses of all residents and property o�,�ners of �roperty in question, Uelongs to the undersigned. . A sketch of proposed. prcperty and structure must be drawn and attached, showing the following: 1. North llirection. 2. Location of pxoposed structure on the lot. 3. Dimensio�ls of property, proposed structure, and front and side se�tbacks. 4. Street Names. 5. Locatian alid use of adjacent existing Uuildings (within 30U feet). Tl�e undersigned }iereby decl.ar. �s tliat all t11e facts and re�resentations stated in this appli.cati.on are true ancl correct. DA'TC %�/��%Sf SIGNATURE ��.. /�'� � (A'PLICI�� `1') . . � � ,�� s`" � Qate Filed Date of flcr�ri.�ig �K�-�� • Planni.nfi Conunission �(aatcs) n��rir�V�a lleniecl City Council Approvcd (c�ates) neniea i • r� - � � 11 MAILrNG LIST Spec'ial Use Permit SP �75-27 MARGARET MERRELL Mrs. Margaret Merrell 4832 2 1/2 Street N.E. Fridley, Mn 55421 Mr. & i�lrs . Kermi t O1 son 4808 2 1/2 Street N.E. . Fridley, Mn 55421 � Mr. & Mrs. Robert Vlieger 4827 2 �/2 Street N.E. Fridley, Mn 55421 Mr. & Mrs. Chester Peterson 4815 2 1/2 Street N.E. Fridley, Mn 55421 Mr. & Mrs. Richard Knode 4863 2 1/2 Street N.E. Fridley, Mn 55421 Mr. & Mrs. Stanley • Partyka 4851 2nd Street N.E. Fridley, Mn 55421 Adlore Braaten 4871 �nd Street h.E. Fridley, Mn 554�1 Mr. & Mrs. Char�es� Holman 48b1 2nd Street N.E. Fridley, �Qn �5421 t�lr. & Mrs. Michael Tuzinski 4803 2nd Street N.E. Fridley, Mn 55421 Mr. & I�rs. Neil Robinette 433� 2nd Street N.E. Fridley, t�in 55421 Mr. & Mrs. Chong Kim 4827 2nd Street tv. E. Fridley, hin 55421 Mr. & Mrs. Francis ScherbPr 4803 2 1/2 Street N.E, Fridle,y5 Nn 55�21 • Mury J. f3ey�r 48�i4 2 �/2 Street N. E. Fric�?ey, hi�i a5421 ..n+. y Planning Commission November 18, 1975 Gladys S. Wicker 4839 2. y,,Street N. E. Fridley, Mn 55421 Mr. & Mrs. Vernon Jackson. 4851 2 1/2 Street N.E. Fridley, Mn 55421 Mr. & Mrs. Bruce Roberts 4856 2 1/2 Street N.E. Fridley, Mn 55421 Mr. & Mrs. Randall Knoll 4868 2 1/2 Street N.E. Frid7ey, Mn 55421 Mr. & Mrs. Theodore Kelly 4815 2nd Street N.E. Fridley, Mn 55421 Mr: & Mrs. C. L. Edstrom 482g 2 1/2 Stree�t N.E. Fridley, h1n 55421 0 .�� . � � z 9 . ��: Special Use Permit, SP #75-27 Mrs. Margaret Meirell " to allow the construction of a secbnd accessory building, a 28' x 32' detached garage n �� 4832 2 1/2 Street N.E. � Lots 9, ��, Q1ock 3 _, Plymouth Additi�n . � M . _ ,. � , 1 i , � �.. 26 . ; - .w.v i � SP #75-27 MARGARET M�RREtL `' ,. ; -- _.__..: . . ... _. _— --- 49�F�d: _ 28 x 32 garage�- - .. ______ _ -.�---- � ', � 'r ..,� . �-•!i ,.�v --- -��a,? �• �.+ ,� � � . 3� � i �i � i:� y � Gp ��,ti. ,ii. 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Notice is hereby given that there ��ill be a Public Hearing of the Planning Commission of the City of Fr�idley in the City Hall at 6431 Un.iversity Avenue Northeast on 1�;4cnesday, pecember 3, 1975 at 7:30 p.t��. in the Counci1 Chamber� for the purp�se of: � ' . ..� . _ � . 0 � .._.. � ._, Cons-iderai:ion of a rezon�ing request, ZOA #75-06, by Union Oi1 Company, to rezon� from C-1S (local shopping areas) to C-2 (general business ar�as), to make z^,��ir��g conSlSt�t"i� 4•,ith use on tha�: par°t of Lo�t 1, Auciitor`s Sui�division ho. 253 descr�ibed as .. . follor�s: Com�rier�cing at .the t�1�st Quat�ier c�rner of 5ec�:�ion Zf�, � � To�tnshi r� 3�, Ranqe 24; ther�ce Noi��:h &�:° �29' Eas-�, (assumed beur��r�g� alor�� ti�° t�ar�P, 1�n� o� s�id Lot 1, Auditor's Subdivision � t�o. 25, a dis�i;ai�ce of :�G1.42��a� �to the t�orth�vester1,� 1�ne c►i� parkview i�ianor Sec�nd Hdd�tiar�; thence Soutf� 46° 08' ��est, a1ang � . said �!orthwesier�ly line of �ar}%vie�� lanor Second Addifi.ion, a �� distance of (). ��feet to t1�e South 1 in� of Hac4:n;ann F�v�nu� as� - � plat�l:ed �n s��id Park�r�ie�� t�a�i;or Second Addi-tion, said po�in'c {�eina �'r�e acivai }�o-i n�t o-� beg-i�in'i ng o-f the tr�ct of .�[ai�d to I» ciescr�i ��d, � thei�ce Nortl� 8�° 43' East, alc�ns sa�d �aui>f� line of I�acla�i�znn . Ave��ue a di stance of 111 0� �Pe#: to an i nter�e t� �°�r ��' � �-�- � , . _ � C f 0 t1 �ti• 7., I d t 1 il � . parall e7 ;vi th aa�ci 12U feet t�lesterly, as me�sGred at ri nht angl �s�. , ' fram the �lJ�st l ine o�F Sexte�° /�dc1i ti on; zi�ence South 3°22' �t3" l�Jest R . alonc� said parGl�l��f line, a uistaric� of 285.5 feet to an inter- � .� secti on �li -ti► a� 7 i►�e pa.ra1 � el 4vi �;h and 1 f0 feet i�ortf� o-i i.h�� mosi; - Southerly 1�re of sai d I_ot 1, Aucii -�or's Subdi vi si on l�a, 25; trenc� � � Sout�� 89°�0`3�" t�;esty alony last sa�d parailei 1in�5 a distance of 347.47 fee�;, �o an in��ersec�:ic;� t•r�ii.h th� Easterly righl: of. ��ay � ine � of State. Trt��k I�i�l;��ay No. 65; tfie��ce Plortheaster1y, along. the - �• Eas�;erly ri �}�t o�f ti•ray 1-i ne of State Tri�nk Ni qhway Plo. 65 ancl i:h� Fasterly i°1�t1� o�t ��ray �ine o-F 01d Ce»tral Avenue Noi°�heast (Cuui�t1� Hic�hti��ay No. 35) tc� ihe poin�t of bec��inning, exc�p� �the SOUtiI 1?_5` - there�f=, a11 lyinc� iri �he South Nalf of Section ?_4, T-30, R-.?.4, City of I�r�dley, Coun�y of� knc�ka, h1�r�nest��t.a. . , ..' •� Generally located at 5G�5 Hackmann Avenue Nartl�east. �� Ariy and al l perso:�s CI('S7 Y`111(j �U �e heard shal l be gi ven an oppor�uni ty at the abovt s�.ated time ��d ��7ace.. � . � - . � Publish:. Novembzr 19, 7y75 Novetnber� �G, 7 975 . . RICIIARD H. HAftRIS CHl1T IZi•tAN . . PLANN�If�G GOM�tTSSI(?N ` , . OFFICIAL NOTICE CITY OF FRIULEY ^ � PuBLIC HE�RTNG . QEFORE THE �PLANNING COMMISSION n r1 TO Wk{OM IT h1AY CO[�CERN: � � Notice is hereby given that there will be a Public Nearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on I�Jednesday, December 3, 1975 at 7:30 P.M. in the Council Chamber for the purpose of:' Consideration of a request for a Special Use Permit, SP #75-28, by Union Oil Company, to cont�inue a service station as per Fridley City Code, Seciion 205.101, B, (3,E), to be iocated on that part of Lot 1, Auditor's Subdivision No. 25., described as follo�NS: Commencing at the GJest Quarter corner of Secti�n 24, Township 30, Range 24; thence North 89° 29' East, (assumed bearing) along the horth line of said Lat l, Auditor's.Subdivision No. 25, a distance of _261.42feet to the Northwesterly line of Parkvie��r Manor Second Addition; thence South 46° 08` N'est, along said t�orth��resterly line o-f Parkview Manor Second Addition, a distance of 0.4 feet to the South line of Hackmann Avenue as platted in said Parkview Manor Second Add�i�;ion, said point being the actual point of beginning of the tract of land to be described, thence North 89° 43' East, along said �outh line of Hackmann Avenue, a distance of 111.04 feet to an intersection with a line parallel with anc� 120 feet l-Jesterly, as measured at right angles - from the l�Jest� line of Sexter Addition; thence Sauth 3°22'43" �dest, along said parallel line, a distance of 285.5 fee�t to an inter- section with a line parallel with and 16O.feet North of the most Southerly line of said Lot l, Auditor's�Subdivision No. 25; thence South 8�°40'35" 6dest, along last said parallel line, a distance of 347.47 feet, to an i ntersecti on with �the�:Easterly ri ght o-f vaay 1 i ne: of State. Trunk Hi�haray No. 65; thence Northeasterly, along the Easterly right of 4��ay line of State Trunk Highway No. 65 and the Easterly right of s�,�ay line of Old Central Avenue Northeast (County Highway No. 35) to the point of beginning, except the:South 125' thereof, al l lyir�g i n the South Ha1 �F of Sec±i on� 24, T-3G, R-24 , Ci ty of Fridley, County of Anoka, Minnesota. . Generally located at 5695 Hackmann Avenue Northeast. Any and all persons desiring to be heard shall be given an oppori:unity at the above stated time and place. � Publish: November 19, 1975 November 2n, 1975 RICHI�RD N. HARRTS CHAIRM�N ' PLANNING COI�1MTSSION r � r � l.l.l T U1' 1'i<.111L,L' i I�i11VN1:7t� I tt PI.�NNING �ND ZONING FORM NUM13�R_ ..�i Z' 1`��l J ,5' : C?� • •t ;,��-�'� '��• �-� , -,-J- �. t1P1'LICMII''S SIGI�IA1'Ultr Union Oil Company of California TYPC Ol� RI:QULS'r � X Rezoning _/l. aJ Address 4940 Viking Drive, Minneapolis, Minnesota 55435 X Speci:al Use Permit Telephone Nwnber 830-4618 PROPERTY OtVNEP.'S SIGNATURL Unian Oil Company of Galifornia Add-ress 4940 Viking Drive, Minneapolis, Minnesota 55435 Telepl�one NumUer 830-4618 Street Location of Property 5695 Hackman Avenue N.E. Legal Description of Pro��ert�r See Attached Approval of Premin- inary F� I'inal 1'lat Streets or All.ey Vacations Other v �' i � Fee�,S-- Receipt Nu.%�71� �, _:, Present Zoning Classification C-1-S__�xisting Use of Property Service Station Acreage of Property .31 acres Describe briefly the proposed zoning cla.ssifica.tion or type of use and improvement proposed Service Station C-2. To bring presen.t non-conforming operation into conforming'use for future remodeli�g. Has tJ�e pxesent applicant previously sough� to rezo�le, plat, obtairi a lot split or ,�'� variance or special use permit on Lhe subject site or part of it? X yes no. 1Vhat taas requested and �ahen? C-2 December, 1972. � ^ 0 The undersigned understands that: (a) a list of all residents and owners of property withi_n 300 feet (350 feet for rezoni.ng) must be attached to this application. (b) This ap��l.icatioil mus� be signcd by all o�vners of the property, or an explanation given �ehy thi.s is not the case. (c) Responsibili.ty.for any defect in the pro�eedinbs resulting from the failure to list the names and addresses of al.l resic�ents and property o��rn ers of proPerty iii qucstion, belongs to the undersigned. A skctcll of proposed property and structure must be drawn and a.ttached, sho�aing tlle !� follo�ving: 1. No�-tli Direction. ?_. Location of proposed structure on th.e l�t. ;" 3. Dimensiorts of proi�crt��, proposcd structure, and front and side setLacks. E� 4. Street Names. 5. L•ocati.on and use of a.djacent ex:isting buildi�tgs (within 3GU feet). � Tiie undersi.gned hereby declares that all t11e facts and representations sta�ed in ttiis applicati.on aie true ax�d correct. , � �/ �/� . UAT E •� �S S I GN A'1'U 121; ��,'`�'i `',�.% Q/L �D �.��=�'„-,� 1��'��'� �—� > > (Al l LICt1N'1') Date 1?iled DatL of I�c.iring Plznnin�; Commission A��provccl (datcs) Acniccl Ci�y Council. (dates) Approved Dcnicd � � �'1 Mailing List 0 ZOA #75-06 & SP #75-28 ' UNION OIL COMPANY � Mr. & Mrs. Richard Kealy 5771 Gentral Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Eugene Sutton 5763 Central Avenue N.E. - Fridley, Mn 55432 Mildred Kokesh 5755 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Glenn Nelson 5747 Central AVenue N.E. Fridley, Mn 55432 Mr. & Mrs. Joseph Schleisman 5770 Nackmann Avenue N.E. Fridley,. Mn 55432 Ann Williams 5760 Hackmann AVenue N.E. ^ Fridley, Mn 55432 Mr. & Mrs. Glenn Davis . 940 Hathaway Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Buzzell 5741 Polk Street N.E. Fridley, Mn 55432 Mr. & Mrs. Edward Hite 5725 Polk Street N.E. Fridley, Mn 55432 Mr. & Mrs. Stanley Kowal - 5715 Polk Street N.E. Fridley, Mn 55432 Mr. & Mrs. Louis Adams 5740 Polk Street N.E. Fridley, Mn 55432 Mr. & Mrs. Kenneth Fletcher 5730 Polk Street N.E. Fridley, Mn 55432 ^ Mr. & Mrs. Joseph Branco 5720 Polk Street N.E. Fridley, Mn 55432 Planning Commission November l8, 1975 ;�� City Council Mr. & Mrs. Larry Russell 1001 Lynde Drive N.E. Fridley, Mn 55432 Lynde Investment Company 9�0 Lynde Drive N.E. Fridley, Mn 55432 Norma & Gerald Johnson 712 River Lane Anoka, Minnesota 55303 Union Oil Company 4940 V''<i ng Dri ve Minneapolis, Mn 55435 Attention: Glen Hubbard �apitol Gontracts, inc; 790 South Cleveland Avenue St. Paul, Mn 55116 Mr. & Mrs. Lewis Hedlund 5320 Russell Avenue North Minneapclis, Mn 5�430 Mr.�Jerome Manley 660 Marigold Terrace N.E. Fridley, Mn 55432 0 t � ,. . ,,� .�, ., �, ,� y; f`�` ; � � � � , . ti � � . � � ��y � 4,� �� , �: a✓ .� i� „t "'� ,�j ,`� ,�� '�, � ;i 3 � r.:� `.'.S �..� ^ ) r t� �,; �• � � � "� r �' .""""". t� F i---T"'T_ T'"1_""1"_T_� i � � ��• �G?`_�. - �� , ,, � ,� , � ` �,t�, 1 � _ � , ' �: l � � 1. � ,� r- �;' . 4 , � i � ♦ ; � s� -� _._-_ .� '/ . :,.( �' � i`4 .�`{ I--(, 1� _'.Sr.r,` �G.F� C _.;"_'�_�.'� _'.:.�.. �_% t_-�--�, `— � ' � I � i � � ,.�� g: f( � �.., .-�---�--�-� � -� , � ; (� i: � '-,�%; ``t'4''"� ��'�`�:.L-.�.._.i-.� �_-� - � �� .:'-,i�.�..�T _;_r4�_ � _ .'i-..:�C� ' �--tj �,�i " V ' i-r � ' : � `�,'..` �� 1-?� j � t � T�--'+.i.�;' <<-('+ : .,- ._ � ,,,,:�.�i;�:,��;f��, :;1=; ;,`� ; ;- , =-� y� l� � _. _ �_� ' -,�---� _� �._! ,+` _ _ ` �, ' � - ' `�.---- �`' ' w I �--.� `� _ '�. t '�."_ � -- �_:--- ;�,;. V1 ; ,,. ; � j�_1-`�;x, .-�_ � - � �,j--�-- � - -�- �;�- j � , + ' `� � _� .�...�� —�__.1<� ., i �' �� ,�, "-� ;:_--`,. �� :..1._`�._.�"tv �L ,-;,,, > � '{ �� ; i . � __.1.-1 I . ! � { . � �--� 1 � K�_��:_._.. . J_ _ � � .. \'\\�\\.,\'\``�--� ;< ;-, �''\\ � . ,'�''��. . � . 69�1 ) �� v� i � � � �� ^ t., � . i ,' � , �. [ •; � �: � � �� 4 �y ' . � . �� f' /i ,"� L ' ��. • �,,f /,� �~ �__ � _� . -.,-._...'" UPIIQN OIL CO. ZOA #75-06 %�� ' ' "'. `. SP #75-2£3 to allow continuation of an existing service station i�_iL� � =� �_ -n J: . L-- ... ■ _; � \ \'1 .�._t.-.�....� .... = -`- _ . 7"If-{- 1.---�'��' i i l' �'1 �"i"�0`f� '"'i(1 f `, �._�� . ' �......- R 2 A �,,�,.,,�.eM �• �- S �, 3 , �� .� �� _�� . � � � .�� r � '� ��"t` _�� r 0 f t I 1 '�,'i;i�'-` r'. 1�.,� ['_;.,:... � - \• 1 � r_ � y_t_. �" i � ; ' _: :�'.'�-�.'� I `°'�..�..�-.j_ '--'�"`- C �','Y t -r--T--�---- ---- � ____------ l �� f � ��,1;>. �-,� �_ �---�, �,_1�;�_.'`l. � �'�� < � ��. d . � . � � � �'�: i i. • �,� e�_�. �` ---;� --�-�-- F r'Y" 6•�-- �', � ,�/�'/.,, .� � �� ,.a ;: ; � a ��`uR•Tj•fi�PN �' '�"; i� �ij--'^-�--!. f � 1 F . �L t L'�t�..�.-r/ �1 ' y (��j iS � �� Y �' ,� r'.}� �`�t I �1 `,.J _ �r•- i { ��-}� .�.'-y---�- ';i�i� '�.7 ;C'H,:�� ...% (1 Q')K - �-.•,^ �1� .' ti._ r . 1� "0 "`� . _ 1 ♦�S s�1 _ ��`'{�\/��x ' � . \�—Y�-r•ti'7�'�'1,�.'S'fd'l"„-.� r ��''�-}�r .'' �1'� •f'��C} <� . ,', ��y �.�✓�� }_ � �' �i� `V � �.': rt� �1' i � � � � ,�� ' r � � rl �� ` �'� / / �:i i U �` i _. �\ � � s � .��_ .� ! S�� ____�-_.._ ` �. � �; .ri;. i8 .��.iyt: H I f� ��yAY �` � �'u0b�� 3 �y� �� °c•� n , S !/ ' i.�„r'1 i : ��r;:",': =%.I`rCtT:rl:_ _ � • ;. \i.i::-%�."� _ _': t,. :� �-�i� �.:� �� - r :...L .4 t �\�`,,�`��^� . •\� � i� � �\ ��' �\ � 7 � \\ � \ �� \� 6 �\ \��..f�1 / � :' �.��` � � � \ �, 1 , �. .,�� :.z: Y S:� � `��\ . �, \� � ;i =l,njMlh,s-. �,� : � � �,,,.,, '�-� 9 /O i a t� , J � r � =�a �'-� ,�J �• r , � � � _ --F3-•� � 4�Y �• �m' !_�w_.� 53 RD -- ir:F:�t�" [} � F iI � 1- `i9 !D �a_. YY � ' v � giti-, v� ,� r• }" ; •� ---a � o: �z�f ; ! u� ,s p { s } ,it ��_' ��rs � �lf ' r . ` _ .�' r_�,. �y;_ ty �� : _ -- K�i � =x�� . 9 ! LL' 1'_'. / I/ v! . r w _ •y .R ` iJ [i . „ ,r ! j� '� _ i�l �+: � `� ��.� •`. .`�� \ II � /J � .`�.\\\ . ` . .\\•. :� � \ ` � :�d'�1J��:Y `� i�. �\ �.,,.,., �_...,.,�,, �� . � ; � k \\,\ \�\Z � , � � ' \, �, ,�`- � �� \��\�. ��' \.�: � � �: ' �\ ,�.\ \\��! ` �� \, �� \, ` \ � �,�,` �\ ;�; �i �. :�� ;��`�a � ( Q: �,,,�,��...�.�-...1: x-ti'`T. � `v s . � r . � �� . . _.�},_r°�fi-• PREVIOUS HISTORY • �3- Rezoning Request Zoa #72-11 Union Oil Company Special Use Permit SP #72-18 Union�0i1 Company � Applied for: November 3, 1972 lst Public Hearing by Planning Commission December 6, 1972 Special Use Permit and Rezoning considered together Continued because of problem with loopback � December 20. 1972 � _ Planning Commission denied both Rezonina�atdafficlsituationr(Enlargement they fel� this would add to �the already of the station and the convenience store would create additional traffic) ,. R x January 8, 1973 -' � Council Meeting - Mayor Liebl said there were twoheroboblem ofhthelconstruction would like to have the ti°affic flow rearranged and t p z . ,. of a store. � The City Engineer said the problem was oneS�lprebuildgnghandXbuild9agmodern station. Union Oil wished to remove the ex 9 building. The code requires all new gasas�Ut�rette� hHeesapdcthe basiperequest � He said the land was properly zoned for p was for rezoning the property the gas station was locat�d on nov1. Councilman Starwalt said this was a complex problem involving zoning, traffic .; � and assessment considerations. ; C ouncilman Nee asked why the Planning Comm�ission had recommended denial of ' these requests. The c,ity Engineer said it was because they did not f.ully understand what was being proposed. Mr. Hubbard, real Estate Agent for t�esulo°atOon andpwith utdanyeactionnon had been in business for 15 years at t the part of the Company, the zoning rGom1anmehadhbeeneworkinggwathnthehCity��ion was now non-conforming. He sa�d the p Y . � Engineers' office fnr two year�s to solve the problem. Public Hearing set bx Council for March �2, 1973 The City Engineer said the construction of the gas station and how the station would fit into the area had to be considered, because there was � a problem crea'ted with a four way inter�ovis�ons forsthe increaseeandlplanseation would be unsafe unless the City makes p safe intersection. He said there were four possible proposals for the review of � the Council for the modi�fication of the intersection. � � 1. Beginning at Matterhorn on Hathaway Lane and continuing down Hathaway Lane to the Central lntersection. , 2. Beginning at Matterhorn on Hillwind Road to Polk Street to Hathway to the Central intersection. � • _�-� �� Page 2 3. Beginning at Matterhorn on Hillwind Road to behind the service station, � forming a loop-back. � , � 4. Beginning at Polk Street on Nathaway Lane and continuing to the . intersection,.but this portion of roadway would become a one way to the � west. . ' � The City Engineer said there were advantages and disadvantages to each of the proposals. � . He said that proposa1�number one was basically a residential area and now too well suited to the additional traffic . He said there would also be difficulties in the second proposal, as this was through a residential areas with some apartments. He said the terrain would be difficult, and dividing of the property would be difficult. The City Engineer said the third proposal would involve the lease number of residential properties. He said a loop-back would be used as has be:n donc��. in a number of other instances through the City. He said the traffic would be .� routed to the outer drive and brought into the intersectian behind the gas � station. " � He said �that proposal tour, �.�oulci create a one way in the short stret.ch of roadway between Polk Street and the intersection on Hathaway Lane. He said this would force all other incoming traffic in the area to take another route such as Matterhorn or Gardena � The City Engineer said the review of the traffic change proposals at this time was to try ta consider the traffic problem and plan as a point of development of the area. � � � Councilman Starwalt said he believed the Council was trying to handle two problems at t.he .same time. He said the Union Oil Company would like to have the property rezoned enabling Union Oil to add to the present facility or rebuild the service station, and the building permit could not be issued unti.l the � property was rezoned. ' � Mr. Hubbard said the Company either wasnt:to add on to and remodel the exisiting.structure or build a new bruilding. He said the City staff had said they would like a loopback that would close off the road in front of the station and these plans were submitted to the Company and han been approvedl He said the convenience store was not a requirement ob the plan,,and could be withdrawn. He said they wanted to continue business in the existing station and moderize the facility. Niayor Liebi said he believed the Compan'y would be hesitant to complete a large addition 4�ithout first taking care of the traffic prob1ems. Mayor Liebl said that in 1971 he had surveyed the areea and there were three points the people were interested in: 1. they wanted a safer intersection, 2. they wanted the station to be more appealing, 3. They were opposed to increasing the comrnercial property in the area. He said 9 out of 10 people . in the area were opposed �o increa�ing the commerical property, but they did nat � object to the other two proposals. ' ` � � r �� ,. ��.! ` Page 3 Councilman Starwalt asked�'if the Oil Company plans would be jeopardized if there ` was no action at this time. Mr. Hubbard said they could not get a building � permit without the rezoning. The City Engineer said that that the issu�ing of a building permit would not make the problem go away. . `1'he City Engineer said the Special Use Permit could not be granted without rezoning. MARCH 15, 1973 Report regardinq the intersection improvement of Central Avenue and Highway #65 from Nasim Qureshi to the City Council REGULAR COUNCIL MEETING OF MARCH 19, 1973 First reading of ordinance for rezoninq. City Engineer said a traffic plan far the entire area should be compl.eted before the 2nd reading of the ordinance Mr. Starwalt felt the best plan would be t.he Polk Street plan. Motion that the Oil Company not apply for a building permit for six months so the traffic plan could be completed. . Mr. Hubbard said he did not believe the station would encroach on the residents of the �rea as it had been there 20 years. . This would be rezoning of one type of commerical zoning to.another commercial zoning. The City Engineer said the present zoning of the property C-1S, does not �"'� allow for the constr�action of a gas station, this is the land the station was now or_cupying. REGULAR COUNCIL MEETING Auyust 2Oth1973 Receive Resolution No. 105-1973 - A resolution approving the revised layout for a proposed loopback in the Southeast quadrant of the intersection of Minnesota T.H. #65 and Central Avenue, and approving the revised layout for the improvement of T.H. #65 and Central Avenue Intersection. v r ' �� \ � � � � , , .` .....,.w .... ... ..... ... ... . ... . .. , PROI'OSED Tt�!l�IRO�•1h1E:��iTAL If`f'ACT ST117Ch1El�lT RULES °._: � � . CHAPTCR CLCVEN � . . � flUT1IDRITY, PURPOSE, DCFINITIONS, GENER/1L PROVISIO�S � � _ �s I��QC 2i AUTHORITY. The Rules contained herein are prescribed by the � MinnPSOta Fnvir�nmental Quality Council, pursuant i:a authority gr�nted in . tiitinesota Stata�tes, Section 116D.04, Subdivision 2, and sha?1 be fioll.o��red �� by� all �ubiic a�encies and private persons in impler� ntation of Lhe £nvirone�ntal Policy Act of 1973 concerr�ing the Environmental Impact Statem�nl; �rocess. ldEQC 22. PURPOSC � {a) The purpose of these Rules is to prcvide public agencies and private �er.ons a:ith �rocec'ures, guidelines and criteria to be used in the implementation �f the hfinnesc>tn ��nvironmental Iuipact Statement program. . (b} ,'�i� EIS is an 1t1i01�ma�ion doc,•.�ent w!zich enab7es publ-ic ager��cies and ori��a' � t�ersons to evaluate proposed actions to determine Fvhether they �•till � h�v� :ig�ificant effects on the environmeiit, to consider alternatives to i;he . � • prnpo�ed actions, and to insi:itute m2thods of reducing adverse environmental � �ffects. An EIS is noi;,an instrw�rx�ntto justify an action, nor shall indications af �dt+er•se enviror�n��nta1 ef�ects necessarily require that an action 4e disapproveu.� . I1: is,to he�utilized as a guiUe in issuing perntits and carrying aut the responsi- ,� bili:ies of reyul�t-o�y autharities. � ' . � (c) The �rocedures specified in ihese Rules are �n additian to the ather � �t-ocec�ures and s�!bs�antive r•esponsibil :ti�s of public ag�ncies and. private �erso�7s contairzed i� the F;ct, and do n�t limit thP authority of the Council to ' t�4rieti•r, �tudy, or res�ive ariY mai:ter of enrironmenta� concern as provided in ��Sinr�esoi:a Sta�iute�, Sections 116C.04 and 115D.�4, Subd. 9. . � . . • �. i;E(�C 23 �DEFINITIOf�5. The following ternis as used in these Reyulations shall • • riatie tt�e m�eaninrs ascribed to them in this section. ' . ' � � (aj "Aet" n�ans t.he I�tinnesota Environme��tal Po�icy Act of 1973, as amended, t�iinnesota Statutes, Section 11G►�.O1 et se . � � � (b) ";cti�n° means the ��rhole of a,projec� which will result in physical� . m�nipu'Iation of the environ��ent, clirectly or in.directly. "Action" refers to tfiP � p�i��siral activity ±o be und�rtaken and not to the governmental process of approving � ��e act��ii:y. "llctian" does nat includ� the follawing: . tl} f'rop�suls and enactments of the State.Legislature. � �� (2} 71te rules, orders, or recomn�en8ations of state agencies. _(;�� Fxncut�v� Gr�ers of it;e G�vernor, or their ir;n?en�er.tation hy public ager,cies. � . (4i. Judicial Orders. . (5)� Sui�missions of aroposais i:o u vote of �fi.he people o� • the �La�e. (�) "Hpp�-nval" means the issuance of a�overnment-al permit, or any teview • �i' u��r�7os�c± actiun reyui�•ect Uy s�ate or teder�il• 1at�t. `(d) "Ce«��cil" r:�ans tl�e "1��lne�nta Envirnnn��ntal Quality Gouncil. � ..,�°� �� (e) "Days". In com�utinc� any period of Lime prescribed or allowed in � thes^ Rules, the day ot' thr. act or-the event from which the designated period e� timr G;.>gins to run shall not be included. The.last day of the p^riod so computed shall be included, unless it is a Saturday, a S�m day, or a legal � holiday, in which event the period runs until the end of the next day which is not a Saturday; a Sunday, or a leyal I�oliday. 41hen the period of time . . prescribed or allowed is less than 15 days, i.ntermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. ' (fj "Environmental Impact Statement", (EIS) means a a�ritten analysis of � ' a proposed action as specified in Minnesota Statui:es 11GD.O�I Subd. 1. (g) "EIS Pre�aration Ploi:ice" means a written statement that a major action has the potential for significant environmental effects, and that an EIS shall be prepared. ' •�- (h) °fnvironn�ent" means the physical conditions which exist in the a.rea tvhich will be affected by the proposed action, includii�g land, air, water, minerals, flora, fauna, am�ient noise, and man-made objects or natural features of Iiistoric,�g�ologic or aesthetic signiiicance. (i) "Envir�nmentai Assessmer;t Wor,.sheet" (E{'�W) niear�s a form provide� by the Council �for the initial evaluation of public and private actions te determine �, tirhether an EIS is required. • � .� (j) "Er,vir-onmental Documents" means Environmental Assessment 4lorksheets, . EISs, Negative Declaration Notices, and EIS Prepa�ation Notices. � �""" • '(k) "Governmental Action" means an action proposed to be undertaken by a .Public agency. , . �- ��(1):' °Governmental Permit" �ans a lease, permit, license, cer•tificate, variance; or:other ent�tlement af �se, or the cemmitrr�nt to issue or thp issuance �� . of a discretionary contraci;, yr�ant, 5ubsidy, loan, or other form of fiinancial • assistance, by a public agency to anothcr public agency or to_a private person. • � �� `(m) "Inadequate EIS° rr�ai�s an EIS that fails to sufficiently examine. potenti�.l � � `� :environm�nial effects, alternutives, or desirable modifications, or an EIS"not � prepared �n �ompliance with the Act and i:hese Rules. � _ -� (n) "Local Agency° n�eans any general or �specia? purpose unit of goverr.ment � '. of the state, t•�ith less than state-wide jurisdiction, including but not limited to • . rec�ional developn�2nt commissions, counties, municipalities, townships, port � • authorities, housing authorit;?es, and all agencies, committees, and boards thereof. � (o) "Negative Declaration Natice" �ans a writt�n statement by tl�e Responsible : Person or Agency that a proposed action need not be preceded by an EIS. . � ' (p) "Ott�er Approving Agencies" n�eans all public agencies other tl�an the Responsible /�gency that musi; approve a project.for which env`i►�onmental documents :are pr�pared. . ' � �' (q) "Persc�n" means a liuman being, unincorpnraLed association, part.nership,.. • �rust, corporation, or public agency. • . � �-(r) ".PetiLion° n�eans a document thai: contains at least 5�0 sigiiatures and requests the pi�eparation ofi an EIS. . \ �� . (s) Private Action means an aet�on�proposed to be undertaken by a private . • . person. ' . «2_ .. � u . '• . (tj "Proposer" n�c �ns L-i�e pri vate �erson or .�ubl i c a�ency tliat wi l l i tsel f undertike an aci:ion or that will direct otl�ers to undertake the action. � (u) "Public Age��cy" n�eans a federal, state, regional or local agency,' �8 board, coma�ission, or:other general or special p�n�pose unit of government. .°Public Agency" includes all public educationai institutions but does not include the cour.ts of i:��is State. .. t (v) ."Responsible Agency" means the public aqency which has the principal .. responsibilii;y for preparing the environrnental documents required b�r the Act and these Rules. Except as provided hereinafter, when the preparer of the EAW �� recom�nds an EIS and the preparer is a public agency, that public aqency is the Responsible ilgency for preparation of the ETS. . •(a�) "Responsible Persc,n" means the person who pr�poses to tmdertake an . act'ion that docs not require a governmental permit and tvho is responsihle for � the preparation of the ei�vironmental docunx�ni.s required• by the Aci and these Rulcs. � _.---- , � � . .'. .� (x) "Reviewing Agenci�s" means all public agencies which have either "jurisd�iction by law or special ex.pertise ��rii:h regard to the environmental effects � �of an action fof° arhich an EIS is �repare�'. . {y) "E�C 1-tonitc�," nr..�ans �he early nc ice bulletin cuntaining all �notices of impending actions ��rhicl� may have signii�cant environmeiltal effects as specified in 1�1EQC 34. . . � � 'M�QC 24 GENER/�L RESPOhSIB.LITIES �. (a} Environmental Quality Council. - � � �(1) The Council's duties and respunsibilities include the following: � (aa} The coordination o� the EiS pragram, inc?:�cfing promulgation of Rules. � . � �. . (bb) The revie�r of petitions�to determine whether environmental . documen�:s must be prepared. � ' (�cc� The designation of the Responsible r�gency when tf�ere is a disput� bei►S�een public agencies concerniiig t•;hich piiblic agency should pre�are the en��ironmental docunnnts for a particulaf� actioi�. . � (dd} The co�rdinatio�� among pub�ic agen�ies of review of EISs prepared pursuant to the P�atiar►al Fnvironmental Policy Act (�VEPA).. The coordination may include requests to the preparer or io a publ�ic ac,ency to undertake additional environrnental a;�alysi.s, to hald pu5lic informational meetings, or`to conduct any other revie�•r �onsisi;er,t with the Act.and tnese Rules. . • (ee) 7he rev�etv af N�gative Ueclarations �vhere, ti,rithin 30 days of publication of a tJeqative Decls�ra�ion �t�tice, 4 representative of 5C0 petitioners (b1EQC 30) or• an agency wiih Jin°�isd;ction Uver the proposed actZen (h1EQC 2G(b)(4) re�uest, a revie►v or Lhe ue�erniination made bv the Respo►}si �l a Rgenc,V. � (fi`) TLe r�quirir,r pre�aration of an EIS on a� major governmental action or major private action of morP i,;t�an 1^r.al significaiice ►��ith 1;h� potential for significanL environmcnt�i reffect, if a Negati.ve Declaratian tVotic� has not t�4cn published or if the 3J day 1;i�?itation period of r1EQC 2G(G)(�1) has not lapseci. (2j Xr� adcition, ti�e Cous�cil may, svhe�-c ii: deems necessary: �,ua) Rec�uire Che revisio�� of an �I� ?"ia� is �puna ta be in�dequate. (hb) 02�o�iire th� ��r�p��.r,�tic,;, c�+,' a?�:,�ri;r�tive or ��cidit-ion�i rr�viranm��nfr�.1 review l�c�(o��e conu��ncenYrn� of any acC?�m or a��pr.o��1 a= any actir,�� by a �aubl i c r�u,�ncy. � 3- � � K 1 • ; � � .� i�9 � i � . i ' , . � � � � (ccj In acco►�dance with Minn. Stat. YlGD.04 �Subd. 9, revieW any state ec�ion or state approval of a private action that'�rill havc significant environmental effect-s, regardless of tyhether an adequate EIS hzs been prepar.ed. 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) Revieti•r of any sta.te and local procedural rules and guidelines established to implement the Act and these Rules. (ff} Nold hearirtgs or informational r�etings to facilitate implementation of this Act and these Rules. (b) Public Agencies. 1. All pubiic agencies are responsible ;or complying wit-ti the requirements of the Act and these Rules. .Public.agencies sha11 info.rm the proposer and the public of the procedures that v�ill be followed in the implementation of the _..Ac1: and these Rules for each E11t�� i;hey prepare. 'r�'hether a public agency prepares ��j�environmental documents itself or contracts rritf� �rivate experts for the ' prepara'ion, the pubiic ��ency is solel�- responsible for the adequacy and objeeti ity of the environmental doeuments. � ;; 2. Al1 public agencies shall retain their existing statutory authori+_y �subject to the policies of the Act and the authority of the Council to reverse or m�dify decisions or proposals, or.t� require preparation of environ- � mental documents. . � . . 3. 7hese Rules shall not affect the specific statut�ory obligations of any � public agency to perform the following: . (aa) to comply with criteria or standards of enviror,n-,ental quality reg�rdless of t�rhether an environmental,imaact s.�atemen�: is required for an ' � , action. � � . . (bb) to�coordinate or consult with any federal or state agency. • (cc) to act or refrain from acting contingent upon the recommendations or certification of�any pub;;c agency or federal agency. .. �1. A public agency, at the request of a Responsible Agency,.sha'tl provide any unprivileged data thai: it may have co�rcerning a particular action and • shall assist in the prepar�i;ian of environmental documents�on any action for . which it has special expertise or access to information. . � - 5. A Responsible Agency sha11 prepare the�em�ironmen�tal docurrnnts�on an action which is the subject of a petii:ion upon the direction o� the Council.� ;� '6. When environmental documents are prepared on an action by a Responsible Agency, every other public ac�encv rahich has jurisdiction to approve the action shall consider ti�e environmeni.al documeni;s p�-epared on tnat action before , a�pt�ovin� the action. , . , � 7. Public agencies shall provide one free reproducible copy of environmental � ' documents to each FQC distrihution �oint. These ►�ri11 be available for internal �ac�ency.distributioi� and for public copying if faci.lities are available. , (c) Private Persons. IJhen environmental dccuments are required on a private action th�t is suhject to a gove►•nmental per�nit, the pronoser shall supply in the prnscriUecl �nanner any data or ini��rmai;ion reasoaal.ie requested by thQ Responsible Agency thai: ti�at person has in h�s possession ar i;o tvhich he has reasonable access. 0 -q_ � • � . � � �1 . 1 I ; ; . . � , � ; ; •� , � , . '� ; . I i . ; • � . , . � � � I . .� a�n��rcR �rw��v� PROCEDISRAI REQUIREMEPITS M,EQC 25 APPLYCIITIQI� OF ACT TO ACTIONS � Responsible Aqency or Person �. The ResponsiGle Agency or Responsible Person shall prepare the environ- menial docunrnts after consultat-ion with all other public agencies which have ihe jurisdiction to a��rove the action ar a part of the action. When a local unit of gr�vernment is the Responsible �lgency, it shall consult with all conii,uous local agencies. This �consultation shall be done at an early s�tage of the pr�paration of the environn�ental documents. (a) Res�onsible Agency. �� . ��r any actien r,at included in h1EQC 26(a)(3) or which falls into more i;han one categor,y of hfEQC ?6(a)(3) , all questions of which public agency is the Responsible Flgency shall be dei:ermined as follows: ' i. When �� single public agency proposes to carry out or has ju.risdiction to approve an action, the public agency shall be the Responsible Agency. 2. When t►,ro or more pc�blic agencies.propose to carry out ar approve an action, i:he Responsible Agency shall Ue the public agency�with the grieatest responsibility for superivsii:g or approving�thz action as'a whole. Where . two or mc�rc� public agencies have an equal claim to be Responsible Agency, LhQ public agencies shall either: .. («a) 6y agreeir�^nt, designate which «gency shall be the Responsible . A�ency; or, � : (bb} Submi�: the question to the Council, which shall designa±e the Respons:�bl� .'�gency based on consideratior of the above princi�les. 3, �o ass�si: lor.al governmental units in determining which public agency is the.Respoi�sible Agency, proposers ;,f actions which are inciuded in NfEQC 26(a}(3j_ shor;ld include with iheir permit applications, or other � local ar�prova.ls, a list of tf�e oil��r sta�e anci local �permits required on the action. • • (b) Res�onsib?e Person. , .- • . �- When a private ��erscn �roposes to carry out a private action that does not . require any c�o��ef°nmentai ; ei°mits,.the pers�n sliall be the. Respons�ble Persan. (cj Requi►�emei�t c�f an FIS by the Respons�+ble AgencY. ' � � (lj An EIS st7a11 !�e required by the Respansible Ac�ency only wher� ii determines t;ha� for: � (aaj Privute Actioris: . . • (� The actian is a major private action; and (ii� 'lt�c ac�;'icm is of more thui�i lacal significance; and � . tifi) 1;;e �ir,;,ion �ias ti�c poien"�ial fo�, signii�cant environm�ntal effecis. . (b�) GovernE��ntal AcLions: . . � - (i� `;4,r acLion is a major governmental action; and • (»; '�l,n ac:fiio�� fyas tihc �n�:enLia1 !'or significant environmental efi'ects. ' ,(7) Cumulatiti��__��r,:inns, in determining ►�rheth4r an EIS i5 required on an action, fih^ ��sponsii>Ic +iy��„cY c�r' Rcsp�ns�ble I'e►•son itiriy consicl�r non-major related actic�ns �rC�ti 1:it��ir cuu�:;��a;;;rr: ��nvira��ment.�i hffic�c�:s as c�llectivcaly const:il:�il;ing a rnajo�� ac�ian, . 0 0 • _ . , � . ; ' . , - .•� . �, . , , . • �• , . . . . , ... . .. , i. . . , . , , :. , . . .. ,. " (3) Sub;equent EIS, 4lhere an EIS has hcen prcpared on an action, no additional .�� EIS need be prepared on Lhe action unlc,s substantial chan�es in the action are . proposed which vrill involve new and potentially significant environmental effects not considered in the previous EIS. � , ' , (4) Sin�le CIS. Where an action is to- lie carried out or approved Uy more . than oiie public agency, enly one EIS shull be prepared.pursuant,to the Act. � (5j Cxp�nsions or Modifications. The expansion or modification of an ongoing •. action �•�hict► requires new.or moJified governmental permits shall be subject to � the requi�rements in Lhe Act and these Rules for fhe preparation of environmental � documents in the san�e manner as a net�r aci:ion. (d) Actions for lJhich Environmental Documents Are NoL Required. The preparation ofi em�ironmenl:al documents shall noi. be required �n tl�e following instances: (1) � IJhen a}1 of the necessary governmental permits for the action t�ave been lawfully issued; . (2) IJhen a subsi:antial portion of the actien �roposed by a public agency has been completed or implemented and an E?S on the action �•rould not be able Lo influence remair��ing �irnplementc�ion or cunstruction of the action to minimize adverse environmental consequences. (3) When there has been adequate environn,ental review of actions within the jurisdicl:ion of ±he Council pursuant to hlinn. Stat. § 116G.01 et seg. (the_Gritical Areas Act of 1973), or Minn. Stat. § 116C.04 (2)(b), — (4) tdhen the pu�lic agency determines that a governmental permit requirect for the action wi,ll be denied.. _� . � (5) tdhen these Regulations require the preparation of a state EIS on an actio�r, and a federal EIS is required for the sanie action, pursuant to the re- . qutrements of the ��ational Environmental Policy Act of 19G9 (NEPA) and th�e irnplementing regu?ations th'ereto, all or any part of the federal EIS may be submiti;ed in lieu of al? or�any part of a statP EIS. However, when the federal EIS is used, Lhe e�ern�nts of the EIS that are required by the Act and these Rec�ulations, but ar� not required hy NEPA, shall be.added to the federal �IS, ` W11e�1 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 r e c u e s t e d to prepare a s ta t;e E I S. � • _ • � . • . . � . . .. �. (6) Ldhen an iirminent and substantial dan.ger to the health or welfare of the -.peop�e oi the State maE;es it necessary to undertak? a major action that has the potential for significant environn�ental effects and application of these Rules tvould be impracticable. In such cases, ihe�proposer shall cpnsult with i:i�e ' Chair.man of the r,ouncil to arrange an altern�itive means of environmental i�eview - ' Uefore taking the action. � MEQC 26 �t�VIROND1ENTAL DOCUt•1L-NTS �.� ' (a) �nvironn�cntal Assessntec.}t ldarksheet (EAW�: ��% I1lfLI101'1��/. ' • .. . • . s A Responsible Agei�cy �and Res�onsible Person may prepare an EAW on any dCt10i1 lJIi1CIl iL has proposcd tn unde��take or has the jurisdictior� to approve. Af�er ��n r_n�d is prepared, i:he preparer of L-he E.'�ld shall fil� with �Lhe Council either tan �IS 7repai•ation Plotice or tv'egal;ive Ueelaration Notice based on the conclusiori of th�; U1ld. � (2) Pre�ar�ition of an EF�I�J. . � , � (t�a) Qy Pro�oset^, k�here the ��ruposer ot an action is a private person, fih,� {�roposei, may p�•epare ai� Cf�i•! and prepare fior p��1ic�l;ion cither an EIS . •G_ � . � �i � • preparation Notice or a Negative Declaration Notice. .The notice submitted by the proposer sf�a11 not be published until the Council has determined that � 2 � 1 all j�ublic agencies with jurisdiction over i:he action have received a copy � ' of the EAtd. Wlien the Council publishes an EIS Preparati�n Notice, submitted by a proposer,`it shall include in the notice a designation of a Responsible • /�ypncy for 1;he.preparation of the EIS. .. . E � ' (.bb) By Public Aqenc�• When a public agency proposes tq undertake an action, or has the jurisdiction to approve a private action, it may prepare • • �n EA4� ancf the other•necessary enviranmental documents on the action. ' (cc) Q,y Council. 7he Council may require a Responsible Agency or. _ • Responsible Persor� to prepare an Etlbt, and the other necessary envii°onn�ntal . documents on an action. . .. , . . (3j Mandatory Catec�ories for EAIJs. . . • `' ' � An EAt-! shall be prepared on any action�not exem�ated by P•1F.QC 25(d) which � falls witilin one of the following cai.egories. It�shall be prepared by the indicated public agen�y unless the Council for a particular action s(�ecifi�s � another agency, by the action proposer if it is a govermm�ntal action, or by �.he proposer of a private action p�.Nsuant to I�IEQC 26(a)(?_)(a�j. . (aa} Construction of a ne�•r industrYal park of over 3?_O acres in size-- (Local); ' ' ' . . (bb� Construction of a facility or integrai group Of ��dG'i�11:1CS with at least 500,000 square feet of comn,ercial or retail floor space �. �r 350,000 square feet of industrial floor spaee, unless lncated i.n an � ', �. � indusf;rial park for which an EIS has already been prepared--(Local�); fcc) Any industrial, commercial or residential development of 40 er more acres, any part of ti•rhich is witF�in a floodplain area, us defineu by the Statewi cie Standards and Cri teri a far f�tanagem.^.nt of. Fl aodpl a i n � .Areas af htinnesota---(Df�R); (dd) .Constructi�orr of��a commercial or industrial develo�mei�t ti,�ithin 4, � a shureland area (as defined by Minnesota Statutes, Seetion i05.485) • . coverii�g 20,�OQ or more square feet of ground space, not includin�g access � _roads or parkinq areas, and located ari a�par•cel of land having 1,500 '. . feei or more of shoreline fronta�e--(Local); . . . (ee) Construction of a facility that generates more than a maximum of 5,000 vef�icle trips per hour or a maximum of 25,000 vehicle trias � �per eight-hour period--(Local); _ .' � (f�'} Construction of a new oil refinery., pr an exr�nsion of an , �. existing refinery that shall increase capacity by 10,000 barrels �er . ' � � � day ��° more--(PCA) � . . . . {gg) Construction of a. pipeline greater �tian six inches in diameter and.5Q miles in length--(DNR};. . � � � (hh) Construction of facilii:ies on a single sitP that are design�ted i'or, or capable of, s.toring a total of one million or mnre g�llons of ltquid ��aiu�°al c�as, liquid petroleum gas, or other liquid fuels--(('CA); � • (ii� Construction of an underground storage facality for gases and iiquids tliat requiz•es a per•mit, pursuant to P;inncsota Statutes Sec�ion. � II4. 57-- � t)N(t) ; . . . . (jj} Construction of a mineral or fuel pr�cessing or refining � � {-aL�ility, inciuciin�, but not limited to, smelting and hydrni�tallurgical operK�tions--(f'CA or D�lR�; � a -7- . . .�� . , � �i3 � . . � • � � . . . (kk') Consi;ruction of a fiacility if t�ie .cumul��i;ivc: ::�aissior�s ofi particulate inatter and sulphu�� Uxides exceed 50 tons per day--(PGA); � (71) I�lain road;�ay grading consi;ruction of a four-or-morc� 1.-�ne, div�ided (�i�h►aay �•rith �►1: least.partial control of accc5s of ten roui:e tniles or more.in length and carrying 10,000 vehicles ADT (1lverage � paily 7raffic)--{Ntivys); . �. , . � ('uun) Co»sfiructiori� of a neta airport that is t,ri �hin the key system, pursuant i:o f•1innes�ta Statutes, SecLion 360.305, Subdivision 3--�� (l��ronautics); , . � . , . �(nn� Consl:ruction or op�ning of a facility for mining meta7lic • minerals---(Df�R); ' . . (�o) Const��uct7on or opening of a facility for mi.ning gravel, other non-me�allic minerals and fue7s invoiving more than 32Q acres--(Local); � � �• � v . � (PP) A n�w appropriaiion for comn►erciai or industwi.a7 purposes of � Pither surfacc �,�a1;er or ground .�rai:er averaginc� 30 mill�ion �allon° per .• i. Ji1�:Fl, or exceedi ng 2 rni 71 i on yal 1 ons i n ar�y day duri ng the per7 od of use; or a ne�v appropriai;ion o� eiiher ground t•rater or surface ��,ater for irrigation of G�+O acres ur mort ln one cont7nuous parce) from one source of E�ater--(DfJR�; . , �( qq) Any nei�r or addii;ional impaundmznt of water creati.ng a�•rater� surface . in excess af 2U0 acre�s-- (Local );. .� . � ( rr) An acti on that �•�i 7 T el i mi nate or si gni fi cantly al ter a 1•tetl and � of Type 3,4, or 5(as d�fined ir1. U.S. Dzpartment o; Interio►-, F-ish. and tdildlife Service, Circular .39, "4�letlands of the�U,S.., 1956°) of �five or ,�.1 �nore acres in the se��en-couiity metr�pol.i �an area, or of 50 or more acre� oui;side the seven-couniy m`iro�oi�itan area, either singly or in a camp7ex of trto or more i•retlancls--�Local }; _ . . �� . {:ss) Rny marina and har�or� projec� of more than ?_0,000 square feet � of t,rai:er sut�face area--(Local )�; � • . t ( tt) Constructi on oi' a ne�� or addi.ti onai resi dentia7 dcvel opment }� outside any Standard P�?��tropolii:an Sia�tistical 11rea (as defined by the U.S. �ensus Cureau) �ha� i7cludes�100 or more units in an unse:�r2red area or 5G0 or more units in a seti�rered area; or construction of a netv or adcli ti onal ��esi denti al devei opment i•�i i:hi �� a Si:andard h1etropol i tan � � Si:ati sti cal /lrea thai: i ��cl uc;es ?_Ot) or moi'L U111 �:S '( il an vnseti•rered area cr 5Q0 or more units in .� set�,er•c�d �zt�ea--(Loca7�; . . � ( uc� Consi:ructi on of a resi deni: � a� cievel��pm2n �, .consi st�i ng of 50 � or moi°e resicic�nt-ia�l uni�s ai�,� ��a�°L oi' ti��hich is t•lith�in a shnrelanci area (as defined by l��innesota SLaLc�ies, Sect'ia� 10:i.�,II5)-�(Local); - ( vv� C�nstructi�n o� a i�esic:entia? dcvelopu,�nt consisting of "condominium- type° r.�zi�ipg�ro:ands, mo�,i7�� t�an;;� pa��k�; or t�L-(�er serni-per�manenL residen�tial • ai�d/`or �-ccreatic�nai f;;cilitif�s t�riti�iy; a shorela��d a.r•ea {�s defined �y 14inn. Si;at., S�c. 1GS,f�S) or floc�c'��l.zin {as dcfinrd k�y L-he �tatcrtide Sl:andards .and criteria for f�i�.�iac;c„�:�iit oF i�loocl��lair� !ii°ezs of t•1innesota) . , exccedinq a tc�tai of �0 i�nits, ur i; l�cated ii► are�s csther 1:f�an 1;he � above, eicc�ding a total of lUU u��:j:s-- (1.oca;,; • � . . . _ . � .. � .. � , � ., . � . ' .. ( � i � ' � : � � •- . �� , � . (��1j Con::truction nf a s�r�it�ry lai�clfill �or an excc�ss ofi 1G�.000 cubic yards per year of ti�r�s.te fill , or an�� sanii:�ry lan�f�fill located in an area ch�iracterized by soluule b^d►-ock; �-�here leachates niay signi.ficantly�change groundti�iater quality�-(PC/i); , (xxj Consfiruci;ion of a neti�r p??°r and pulp processing mi11--(PCA); �(yy) 'fhe a��plication of restricted use pesticides over mo're than :. 1, a00 coiiti c�uous acres�� (11gi°i cul ture ); . . (zz}, f{arvesi:ing of timGer riiihin i:h� 6ounda��y Flaiers Carioe Area f'ortal ' Zone or in a S1:ate Park or Hisiorical Area, that is not inclucied in an annual tim6er management plan filed t•�ith t�e Council--(DPyR�; (�aa�, Permanent removal of 640 or more contiguous acres of fiorest . cover for purposes other than rz�orestation---(,QhIR}.; � (bbb) Gonsl:ruction of electric generati��g plants at a single s�ite � d�signed for, or capab7e of, op�ra�ion ai: a capa�ity of 2d0 or more n�gawatis (electrical�-�(PGFR); (ccc� Constr�rction of el�ct:"'1C `:"�I1Si:11SS1011 lin�� and associai�u� � faci l i ti es desi c,�ned for, or capa� l e or, op��ra�ion a � a norvinal ��01 tage of 2aD kiiovo�ts /IC or more, or o��ratiUn at� a nominal vo'it�g� o� • � 200 kilovolts DC or more, und are 50 miles or nore in lenc�tf�--(EQC}; (dddj Construction cf nuclear t^,�zerial pro;,essing pla.nts and . .faeilitie�--(PC�1) . . . . , � � � ( 4�•) l�he� Council may be resolu�io:r supplement the "�.ategories in � , . t�I�QC 26 ( a � i.'3j < . . • . . -(b) i;oti ce of EIS D�termi nai: �osis ' � � �:. r .. (j ) 7he pri vate person or pu61 i'c� ace^cy ►�rhi ch h�s prepared ,an F�td. shal � �IS d terminatio�� bf �iling t��ith the Council ei.tl�er an �� . g�ve n�tice of its � e � , � � �IS °reparation Notice or a i�egati��e r�claration tdotice. , . _ � `�(2) An EIS Freparation P�otice shall contain � . ' � (aa) A brief description of the �c�ion that; shall be the' s�ubjec�t�of the • EIS. . . • . . . � ' . . . �(bb) The agency or person responsiule for:pre�aring �i�b E:S. �� _; • � • �cc) 7he time requii•ements fo�r pr2�ari.ng the� EIS. . • � � � (cicl} 7he �xtent i:o ��hich nrogres; on. the action shall be halted durfiic� tt�e EIS process,.if aPplicable. � (ee } The pl a ccs af: t•.I; : ch i:lie E�?�� , and �ther suppori.i r,� dccur�c.ntat f on, � is a��ailable for �ublic inspection and capying. . . (3) A. t;egat�ive l�ec?aration Ptotice shall conta.in � � . � (a�� i t>riet desci°i�tioi� of fihe propesed acf�i�n. . � . (bl,� 11 �findin�-Lhat �fic action is not a major �ove!~nmental acticn, ot�• . ' a r�ajar �riva��^ c+C�10l7 Of i1101"t' tf�an local Slc�f)'1flCililCC Wl�:�i tltw (��:Cll�la; . f�ti� sinnif�c�a;�t cnviron�nental cfifec�s. ..R . ' . �� a �5 (ce) The pla,ces �t �vhich the CAW and other Supporting dacwnentation is available for public inspectior� and�copying. (4j 7he EIS Preparation NoCices anc� Nr_gative Declaration Notices shall be I published in i:hc EQC Monitor to inform th� public of the determination of the � EAW preparer as to whei:her i;he preparatiun o.f an EIS is required. � (5) Cxcept as provided in MEQC 30, unless within 30 days of publication of the Negative Dec}aration Nofice i:he EQC or a public agency ti�rith the jurisdiction to approve the action files a notice a�ith the CA4! preparer, the proposer of �the action ti .• and the Council thai; ii: does not concur 4rith the Negative fleclarai:ion Notice, an EIS shall not t�e required on the action. tdhPn such a notice is filed, the Council � sha11 deternTine whether an L'IS shoula be prepared. The Council may hold a public � hearing to assist it in its determination. � .(c) Preparation.and Revie�•r of Draft EIS. Except as provided in h1EQC 25(d) in thP preparation of the Drai�t E1S: (Ij The Responsible Agency or Responsihle Person shall have 120 days from the date of the publication of the EIS Preparation t�otice to prepare and file tf�e Draft EIS. This 1;ime ?imitation may be er,tended by the Council for goed cause uE�on �•n•itten request by the Respons�ible Agency or Person; ho�,�ever, �uch �.n exfi��nsTOn s.hail be minir.�ized and c�nsidered an exception to normal operating procedi�res. " (2) The Responsible Agency may requi�°e the proposer to submit any relevant . � data or information i;hat the proposer has in his possession or to wh�ich he�has re,asonable access. • • � , (3) The Draft EIS is filed 4vhen the Draft EIS is'delivered to the Council in � a form and mar.ner acceptable to the Coimcil.and �;hen copies of the draft EIS are � mailed to a11 uppropriate Council-designated distribution pcints, reviewing agEncies, the proposer, and requesting persons. . � (4) Review�ing agencies shall consult 't,�ith arici request the comrt�nts of public � ' agencies that have jurisdiction by laVr or special expertise on an action with . respect to any environmental effects ir.volved, including the appropriate Regional � . Development Commission and iocal a.genc�es: � . . (5) The Responsible Agency or Responsible Person may consult with any person t�rho has special er.pertise regarding any environmental effects•involved and with � � m�rr�bers of the public. The Responsible A�ency or Responsible Person shall : receive and include as part.of the ETS record any written responses to a Draft EIS. ' .(6) �e�:iveen 30 and GO days after the Drart-t EIS is filed, ar► informatianal � tne��ing shall be ehld in � county affected by the proposed action �s part of the braft EIS revie�v process. Three weeks notice shall be given for the meeting which sha11 be mailed to reciaients of the L'rafit �IS and published in a newspaper of � 9eneral circul�i�ion in the counties affeci:ed by the action. The Draft EIS meeting • may be consolidated with any hearing required by law to be held before approval of the aci:ion. A tr.ansr.riptian of the meeting shal} be made, and the public record shall remain open for between 20 and 90 days to allow any person to submit ac�ditior.al . ir�fo,�mation or opinions. All �vrii;ten statements ar su�nmaries thereoi received into � � Ll�e record shall be included in the �inal E?S. . � (d). Notwithstanding any other provision in these rules, Certificates of Need (Idinn. Stat. 11Gii�.07), and Certificates of Corridor Com�atibility and Site Compatibility (Minn.�Stat. llft:.57, Subd. l) ma,y be issued prio�� to the filing oi' a Draft EIS on an action ��rhich is includcd �vithin P1EQC,26(a)(3)(bbb), (ccc) and (ddd). ' (e; Pre��araLi�n and Revio�r af Final EIS, - (1) �hc� Respnnsible Agency or Person shall have 3Q days from the date that the � . �raFt CiS recor�d closes Co prepare the Finat EIS. � The Council may extend this time . .• 'iimitaCiun upen ►�rrii:te�� receipt and ;hotiviny of good cause� by thc Responsible Agency ' or Pc��son. {2) Tlic Fii+al ("IS. is filcd t�nc�n Lh^ ('inal CIS is clelivered to the Counc�il in a form ii�d m�iniier r�cr.epi:able tc� the CGUI1Cll ��nd ivt�en ciistributcd to all Co�;ncil- design�itcd cJiai:ribut;irm ��o�rzi;s* rcvic+vin� ��ti�ies, the pr'opose�' dllt� nUU�7C c1c�CitC�CS. . ' � � . . � � � . ' • . . . ' • ' . ' - . . ' �4) V . ' ' (3) Council Review. ' � � . ' . (aa) �The Cauncil maY rf�t4ie �1ct andaLhese Rules�ha�venbeeneadequately /"'� �rocedures and pol�cies o comolied with. • . . (bb) If the Council decides to revic�� a Final EIS, it shall undertake � the revieti•� at or before i.ts first meel:iiig held more than 30 days following � . com;�letion of the Final EIS. �ll persons receiving the Final EIS shall.be k � � nutified. Thereupon, tlie Council shall cqmnlete its review at or before its firsi: meeting•held 45 days ai�ter commencing review. To aid in its revietv - �'� of the Final EIS, the Council may hold informational meetinys. • � ��) When the Council determines that a Fina1 EIS is inadequate, it shall � natify the Resaonsible Agency or Responsible f'erson of the inadequacy and shall � . s�:�cifically ident:ify the im��roven�nts or adciitions necessary-for Council acceptance of t��e Final EIS as adeq.uate. The Final EIS shall be resubmii:ted to : �he Council arii;hin 30 days. � � . f A rovals on �lctions. Except as provided in MEQC 26(d), on any action for � � ) _I?L____-----_._ A . ' WI11CIl .'F� EIS Prepai�a�ion (votice has been pub1ished, no gove-nmental permii�(nhal:l � be iss,-cd until the Council has completed its i�eview of the Final EIS, if � y. �'� �' 4!�inre p�ibl i c h�eari ngs are requi red by 1 av: to precede i ssuance of a novernmental � i : permit or im plen;entation of a governmental act�ion, public hearinqs canrot �e held � , pric�r to filing �f a Draft E IS. } I ' �I � tg) F{altir the i4c'tion; IJhen an EIS is required on an action, uny physical.�. + consiruct�on or tile action or operation of the action shall be halted i=rom.the � � timry the CIS Preparation i�otice is publisheci until t:he Fina1 EIS is accepted � �. � �y �h^ C�uncil, un1�ss the Council or• the Res{�onsible Agency determines that � � construci:i�n or rperation may begin or cani:inue. In that case,.the Council or � Responsible Agenc�� shall s{�ecify the extcn�t to which construction sha17 be i, � a1 �o�rred. � . i . . . . . , : • j� . � � � . . � . �� . • � . _ � � �. . . , . I � . . , . - . . . a . � � • . ' .� . i . , � �� . � ' r � j . 1 . ,, ; 3`� • . . ., ' ! ' ci�nrTCR ri�IRr��N . ' � sunsTnr�riv� �cquiRCr�eNrs . MrQc 2r � Evn�.unrroN o� ncrrorrs. - � ' (a) t�lajor /Iction. In determining whether •an act�ion is a major acLion, the fol]o►ving factors shall be considered: � ��) TYP� of action; . (2) Scope of action, 7ncluding siz� and cos�; . � • . . �:� (3) Location and nai;ure of surrounding area; � � (4) ihe totality of cumulative related actions; .' � (5) Relatian of the action to anticipated grow�h and deve7apment. � . (b) Local Siqniricance. In de�ermining ivhether a major private aci:ion is of more ihan local signifiicance, the follo,•�ing factors shall be consid�t•ed: � . • (1) Locat�on of �l�e act7on; � (2j Area af�Fected by the action. � � (3) The governrr�ntal permits required on the action.� ' � (c) Potential i=or Sianifi-ican�ronm�nial Effects. In determining tivhether an action has the.potentia�i for s7gn�ficant environmental effects, the fo7loi�ing factors shall be considered: ..(1} Type, extent, and irreparability of enviranmental effects.; . . - - ��(2) Cumu7ative environmental effects of related or anticipa.ted ititure actions; `'� (3� 7he extent to which i:he environmental effects are subject to mitigation �y ongoing si:aie regulaiory authority; • (4) T}�e e�;tent to which environmerital effects can be anticipated and controlled as a result of other environmenta�l studies undertal;en by public agencies or the project propaser, or of EISs previously prepared an similar � aetions. MEQC 28 CONTENT OF DR11FT EIS. � � .. A.Qraft ETS shall contain the �ollowing information: � .� (a) Summar . A summary sheet �lhich describes the action,�major environmental impacts, adverse and beneficial), reasc�nabie alternai;ives, and the federal, si:ate, and local permits outsfi.anding shall be included. Also, federal, state, or. 1oca1 agencies, other org�n�z��ions, and prjvai;e individuals consulted in the preparation of thc.EIS shal; be 1dCll�ifll'd. � (b) Description. A description of the action, including type, size and location, and tfie env�ronmental se�tinc� of the action. A regional and site-speciffc map should be included Lo assfst fn �dentification of i:he project. (c) Cnvironmental Im�act of Lhe Proposed P,ctioi�, All phases of an action shall be considered �•ihen evaluating ai--i action; �j;lnning, acqu�i.sition, cous�ruction, 12 .. . . ... ......._ ._;rwr� � 4 � I � � . , ' i . i ; 1 � • .. ' e � . � i , � �. \ � �. . . im lementation, devclopment, operation, �nd conclusion oi' operation. Special �$ ' p considcration sh.�ll be given to p�1luCion., in►pairment, or destruction of the air, �•►atcr, 1 and or other natural resources 1 ocateci v�i thi n i:he Staie resul ti ng from the proposed action,. . . .. . This discussion shall also include a.description of the r�s�urces in the area that shall be affected by the actian, tti�itil entph�tisis placed or� resources that are rai�e ar unique to tt�e region or tflat possess im�ortant historicai, cultural; natural, ecological; or aesthetic values. � (d) ;,n direct or indirect environinental, ecanomic, and employment effects ��_�. that cannot he avoidedif the Lro�osecf action �s—'im{�lementecI. �i 7s �scussion shall dE�scribe the adverse anci taenefic.ial environi��ental, economic and employment r.ffects that vai11 result directly from the action, as well �s t�he Pffrc�cs that may be reasonabl,y expected to result; from tl�e aciion. Fi1�1q1t1011 measures that have �een or may be :ncorporated intc� the action to reduce or minimize significant adverse envixorunental, economic; �nd employment effec�s shall be discussed. (e) I1ny_ irreversible and irretr�e��able c�n�mitmen�s of resources that �rould be i n�ro1 vecl in tt�e,�ro-�a�ed ��ct;i cr� i�i�� t i s��eme��ted. Tlli s Q7 SCU551011 Sfld� � lnctude i.he �prep�s�d u�e ot� i�cn-rene�•aafi�le resourecs, long term or� irreversible. � . commiiments of ti°esources io a pariicular use ancl any irret�crsible ancl irretrievable damage thai; may resul{; from the action. , (f) 7he rel_ations'r�io_bei,�:�r,n local sh�rt term �rses o__ f the enrironmen� ard �he main�ena�lCn c�s(i �i?�?d!lC�i:i2tii. O1' �Onq ttrm 4�rruuciiv�iiyy 'IilCl11C{�ng j.�'�? Cil'�'li"Otl�;2rt1�17 ltqpdC'� a�' pr�d�c�Ca��ic� iijcf°�.ased 7ULU}"C Ci�Vc; })�l�li'C of an �1'('d lf i:llp �Gi.10T1 1S im' 1�� • � t' � y ��,G�!; ; i cn sha ►1 �i izc�; ude the ex �ent that �he proposeu acti an .tnvolves �rade-of��s bz�4�:ecri sh�r�t �ei�rn environmental gains or lasses ver�sus 1Qng �ei�m ga��ns• o�° loss°s, includir�g potential risk:s to heulth and safety,. aijd i:h? extent iha�: �the pro,r,c�,ed action forecloses future option�. The impac� of predic�;Gb1e increased future deveiopment.in the area that may be stimulated, directly or indiree�l��, t�y the proposed action sliall be discussed. �`' (g) Al �erna�itJes f.e.�_ �he Pti'�posed Ac't.ian. An ob;;ecti�je e��?uation of aTl reasonable alte►°nat��es to i:t�e action and the environmental impact of each and the reasons f�r their rejecticn in favor of the recommended choice sha11 be made. . Reasanable modificat9or�s of the proposed acticn that may avoi� or-reduce adverse en<<ironmental effeccs shaTl be discuss�d, including the exp�cted benefil:s; cost;s,' and �efi�°ec1:s on the obj�ctive o� the proposeu aciion. (h) The im act on stat;e qavernrner�t of any �ederal contrals associatrd s•aith the rp o�_seci act�on. Fede�°al actions pend;ng ��thich may efifect the final outcome cf the pro3ect shouid be discuss2d, incl�ding �il3ose actions t�rhicli r�ay result in tihe expenditure of adc'i tiona i si;ate funds. : . . .• . ' (i � 1"he mul ti -state resPons i bi l i�;i es assaci ated �•ri th _ tf�e proposed aci:i on .. Impacts of the proposecl actian u}�on uwlii-state respon sib� f7�.zes sna�l b� discussed, including the en��ironmeniai.efi'ect�s oy� th� action upan adj�cer�t s�ates. MEQC 29 COfJTEIVT OF� FIiJAL EiS . � �, .. The Fina1 EIS slril i r_onsist of ihe Draft EIS, ihe corr,menL-s or summaries thereof received throi,�3h ciansultation ancl ��u;�lic conttnen�t, inc3uding ��uulic meetings.or he�rings ticld on thc EIS, and thc response cf the }:esponsible Agency ar f�esponsible Person t:o i;he sic;nificunt environmentai issu^s, raised is► the C011SU I�d{;i Oii � C(!�i7lilEllt � anci rcvi eti•r pr~ocess . The response o � ltke iZes��n�i hl e r"{�ency pr Rcsperosible I�'crson to constri�ci:ive con�nents rCCC1VCCI �:�ay take the fiorm af � revision of thc Qraft EIS or r�ay bc an a�t:aclt�nent.ta i:he Ilr� f� �IS. c .. 13_ � 0 �� MEQC 30 PETITION FOR lIN ETS (a) Petition. Any person or group of persons may file �aitfi 'the Council a petition that coniains the signatures and addresses of 500 or more individuals and requests the Co�mcil to require an EIS on an action. (bj Content. In addition to the signatures, the petition shall include the follovling written infiormation: , .. , (1) Description of the.action; (2) Proposer of the action;� (3) The anticipated envir�onmental effects of the action; � (4) The name and address af a represental:ive of the petitioners for the purpose of this section. � . (5) Any additional informai;io� that may be used in the £AW to dPtei°mine whether the proposed action is a major governmental action or a major private � �action of more i:han local significance wii:h the potential for S1CJIl1filCdilt • � env�iro�-��n�ntal effects. \ (c) Council Action. (1) No petition need be reviewed by the Council if the Council staff determines that: (aa) 7he petition lacks.500 signatures; or � (bb) The�action is one �:o which these Rules do not apply, pursuant to MEQC 25(d); o�� (ccj �ules; or An EIS determination has been made in accordance with these � {dd) The action is outside the jurisdiction of the EQC; or (ee) - The action does not involve potential for significant envir�n- mental effects or i�ave more thai� locai significanc�. •�. (2) In all otl�er cases, the Council siaff shall refer the petition to a Responsible Agency for preparation of an EAI�' or, where appropriate, arrange � for a Council review pursuant tc, subd. (e}. �"�1 - 0 (d) �Responsible Agenc.y Action. The Respons.i,ble Agency shall have 45 days in whi�cf� to prepare the EAW, referred to it by the Council pursuani"to (c)(2) and � . �hall tnereupon publish an EIS Preparation hotice or tdeqative Declaration I�otice. If a t��egaCive D,�clarati�n Notice is published; i.he representative of the petitioners,, may, • • within 30 days, request Courcil review of the decision pursu�nt to MEQC 30(e). � (e) On a]1 petitions received within 30 days of publication of a Negai:ive _ Decla�°<itior Pdotic� as provided in ��tEQC 3G, the Council may co7duct a public hearing to facilitate the Council`s review of whcther an EIS musi; be pi�epared. The hearing , , sha11 be held as expeditiously as practicabJe in a couni:y to be affected by the • proposed �zct'ion. • • , !1t least t��ro tivee{:s notice of the he�ring shall be given to the �proposer of the action, to all public ac�er�cies tvith jurisdictian over the action, and to the • repc•esentative af the petitioners. At the first nu�nthly meeting at least 20 days after receipt �y i:he Council ai�d by requesting persons of the hearing officer's findin�s and recommendation, ti�e Counci i sir�11 consider the recon�ienc:ation and any • - written briefs or ar�ument fi?ed �,y inte►-ested par�;ies to the hearing, and shall t� decidi: ��heLher to acce�.t, rejeci:, or m�dify t:he rec�mnerdation.� No oral arc�ument sha11 I>e r^rmitLed before the Councii. f�ailure of the Gouncil to act at i:his i�eting shall be dcemed acceptarice of Lhe i°ecoiroiu�ndation of the hearing officer. (f1 , Recei��t of a v��licl petit�on by tl�r_ Cou►�cil pursuant t� subdivi .ion (e) shall sus�?��nd thr: 30 ct�ay period s��eciiic�d in t�1EC�C 3G, until a f9n�+1 deterinlr�atian has b�c�► rwde by th� C�uncil. ,. : r'1 � /�1' . ' � � . 0 MEQC 31 AUTIIORITY EAR(.Y N�TICC i�ULCS ' 0 ctf�r�T�� rou.r�Tecr� �- . �O , . , _� � . • � i 7o providr early notice of impending ac±ions which may have signifi�ant � enyironm�ntai effects, the Council shall, pi�rsuant i:o Minnesota Statut�s 1160.04, su�di�ision II, publish a bi�lletin with i:he nzn�e of "EQC Monitor" containing all naticcs �s specified in MEQC 34. ThP Co�ncil may prescribe the form and manner in which the agencies su�mit any material for publication in the EQC Monitor, and the Ghairman of 1:he Council ma.y witl�hoid nuhlication of any miter�ial not sut�miited accordir.g to the form or procedures th� Council has prescrihed. ' h1EQC 3?_ PU2POSE . Th�se Rules are intended to provide a procedure ,for notice to th� ��iinnesota Environirtintal Quality Council ana to the public of natural resource management and development permit applications, and impending governmental and private actions that may have significant enYil°onmental �ffects. The ntoice given throiigh the early nrt�;a: pi��cedure� is in zddition to puL?ic notices ott;�n�fise require�i l;y : w or r�c�il °,t?on. : . . . .. . ... . . : hfEQC 33 EXCMPTIO►�!S : . � . � , ' • (a) All National Pollutant Discfiarge.Elimination System Per.mits (NPDES) gr�nted 5y 'i.h^ t�innPS�ta PoJlution Conf:ral Agency, und�r �hP a�rthnrity qivPn th2m by ihe Fnui:,�nrx:ntal Prot�ction Agency, of thP United State of Arr�rica, sh�ll be exempt �rom t�e Early t�otice procr,dures unless other�-rise provided by resolution of the Cauncil. . . : . . . .. (bj ��here, in ihe opinion of any public ag?ncy, str�ci �5servance nf these Rules t•�ould jeopardize the pul�lic health, safety, or we�fare, or would othen•�ise generally cemnrromi �c� tf�e publ ic interest, the agen�y shal l comply with the R�rl cs as far as practicable. In such cases,. the agency shaTl carry out alternative m�ans of public noLification and shall communicate the sam� to tt��e Chairman of the t�9innesota Envi ►•onment;al �Qual i ty Counci l. � '(c) 'Nny federal permits for which rev�e�•i �uthority h�s been delcgat�d to a publi�c agericy by Lhe federal govern�j�ent may be exernpted by Reso7ui:ion of the Cauncil. MEQC 34 EQC MO�IITOR PU�LIC�TION REQUIREME«TS � �� . (a) Pubiic A�encies are reai�ired to publish the fallowing in the E�C Plonitor: •(lj N�tice of natui°ai msources man�nem�nt and development permit applicati�ns for actions ��nd all proposed agency actions which are included in tfiEQC 2f(a)(3i. '(2) EIS i�reparaLicn Noiices and nutices of Negative Decla►'d�i011S. . (3) Notic� of receipt af �ermii: anplic�tions or of qnvernmm�t propusals for natural resocn�cc maiia�emeiit anci d�velopsrient �ermit applications �Min�i. Stat. 11GD.G4, Suad. 5� ►•rhen tf�c proposed action tivill �ccur in: �aa) An area desi�r7atec! a Critieal �1rea by.the qovernor; or (nh) i�n tFrez des•ic�nateci a Wild & Scei�ic ttiver Area by the Cnn�n�issioner of t�at�ai•al (tr sources. . • (�'r} Hoiice cf otlzer actioi�s.that Lhe Council may speriiy by Resolution. � • _15� ' y � , , �1 ; (5) Notice of Draft EIS hearings to,he held pursuant to �1EQC 2G(c)(6).� (b} Public Agencies may publi,h notices of general in�erest or information in the F(�C Monitor. (c� The t4EQC is required to publish the following in the FQC Monitor: (1) Receipt of valid petitions, pursuant to MEQC 30, and assignment of a Responsible Agency therefor. � (2) Receipt of Draft or Fina1 ETS. � (3) Notice of intent to take any action pursuant to Minn. Stat. 116D.04, Subd. 9, with notice of the hearina held therefor. �(q) Receipt by the Council of notice of nonconcurrence by petitioners or a public agency �vith a Proposer's or.Responsil�le Agency's�Negative Declaration, and the•tin� and piace at:,�•�hich 1:he Council will review the matter, including notice of public hearings, if any. (5? Certification of Local Plans pursuant to Minn. Stat. 116G._O1 et se . (Crit��cal Areas Act of 1973). _ ` (6) Issuance of a Certificate of Corridur Compatibilit.y or Site Compat�bility, or a itigh-l�oltage iransmission Line Consiruction Permit pursuant to hlinn. Stat: . 116C,51 et seg. (Po:�rer Plani Siting Act of 1973). •, t''`t 1 ME4C 35 CO(�TEt�T QF �OTICE - - (a) The information to be inclu�ed in_the notice for natural resource rnanagemAnt and development permit ap�licat;ions and otlier items in 1�IEQC �4(a)�1) and (3) shall be submitted by the public agency.on a form approved by the Council. This information shall include: � . . .. . � (1) Identification of applicant, by iian�e and mailing address. � . (Z) The location of the proposed project, or description of the area a�fected ` by tl�e action�by county, ��inor Civil �ivision, public land survey township . .number, range number, and section nurnber. � � (3) The nan�e of the permit applied for, or a deseription of the p.roposed project . or other action Lo be undertaken ir su�f'icient detail to enable oi:her state agencies . to determine t,�hether they have jurisdiction over the proposed acLion. � (4) A statem�nt of t�rhetl�er the ager,cy intends to hold pub7ic hearings on the � proposed action, along +•�ii:h the time and place of tne hearings if they are to be held in less than 30 days from the date of this notice: � (5) 7`he identification of the agency publishing the notice, including the manner and place at which conunents on the action can be submitted and additional. i��forn�ation can be obtained. , , � . MEQC 36 FINIIL DECISIOI�S At4D IICTIONS • � � (a) No final decisions granting or denying a permit ap�licati�n for which notice \ is required to bc published shall be madc uniil at least 30 days folloi,�ing publication of the notice i;herefor. • (b) No nublic actency proposi.ng an action for which notice is required to be � • pul�lished sl�all beyin to implement that acLion_until at least 30 days fo'lowing� '. puUlication of tl7e notice therefor. � �. � .. ; . ..� �.. . . � , ; � , , i �� , MEQC 37 STATEMEN7 OF COMPLIANCE � • � ' ��, Each'governmenL�l nermit or agency authorizing order subject tn the requirenrnts of these Rules issued or granted by a public ac�ency shall contain a statement by the agency concerning �vhether 1:hese Rules have been complied:with, � and publication dates of the Notices, if any, concerni.ng that permit or autharization. MEQC 3� PUf3LICIlTION • � � , . � . • • � (a) 7he Council shall publish the CQC Monitor ►vhenever it is necessary, except � that material properly submiti:ed to t�e Counci�shall not reamin unpublished for more than 10 working days. �. - � (b) Thc EQ� h1onitor shal] have a distinct and permanent masthead with the title "EQC htonitor° and Lhe Fvords °State of hlinnesota° prominently displayed. All issues of the _EgC_ htonitor shall be nun�bered and dated. MEQC 39 COST AI�D DISTRIBU7ION �(aj tdhen an agency properly submits material to the Council for public�.tion, ti�e Council shali theii be account�ible for the publication of th,e same in `.h�� E�f _C_ t�onii:or. The Council shall reyuire each agency which requests the publication � of materia�f ir� the state rec�isi:er inclucl�ing the Council itself, to pay its proportiona�e cost of the EQC Monitor unless other funds are provided and are sufficient to cover the cost of the �C ��1onitor. (b) The Cauncil may organize ard dis�ribute contents of the � Monitor according to such.categories•as �,rill provide economic publication and distribution and will affer easy access to information by any interested party. ' (c) Ti�e Co:�ncil may further pravide at least one copy to the Documents Division • for the mailing of t��e EQC (�ienitor to ary person, ageney, or organization if so �requesteo, provided t:hat reasonable costs are borne by the requesting party. Ter, ' . copies of each issue af the E�C (1onii:or, however, shall be provided without cas� ' t� the legislative refererice lib"rary and ten copies to the state laat library, and at least onE copy to designated EQC depositories. (d) 7he EQC si�ail provide adequaLe office space, personnel and supp�y necessary equipment for ti�e operai:ion �f ti�e E(�G I�lonii;or. without cost to the agencies. ' � � htEQC 40 GE��IERAL . � � •- (a) Publication du�;ies of the C�C Monitor may be transferred to the State Register • upon {:esolution af the Council. \ � �� .. , �b} NEQC 3=1(b} may b� supplemented upon Resolution of the Council to include . � nai;ice of consolidated state �ermit appaications. . MEQG 41 EFFECTIVE CATE � The'am�ndsnents to these Rules shall take effect on Ali petitions received, enviro�iroental assessments ordered, and environmental . impact st.aC�:n�:nts o►•dered before the efi'ecti��e date of the amendments shall be �rocessed anci ��evie�;eci as if these a�;;�t�dn�ents �vere not in effect. Projects previ�usly • r�viewed or exempted by ihe E(�C are rrot s4bjeci to these Rules. : . _17- 0 .I .. . . . . • . . . . - . � � tsi4 �� . , . �.J It ,+ . � . • ' ��"� s. . . �- t � ` I , � ; ,.t.�.. -. =� ,4 w ia � �� 1' ', . . . . ` _ 1..! / � „�t�� . � ' .l •r .. : .. - „ . . . / ' iy. R � . t � '�• . � ` � . , " , . . _ . � ~ � . � . � . . +: � �� '� � 79% COUNTY . . 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'1 .,.�, ��: - .'� 1 . ._ � . - ' � • � . ....�..i� . . . . i � � r � C li. . .3''��i: �._,:��. .. . FOOTNOTES I�ote: All population da�a fior Fridley, Columbia Heights and Northeast Minnea{�olis is firom the 1950, 1960 and 1970 Census of Population, U.S. Bureau of the Census. 1 Gomprehensive Developmen� Plan, C�ty of Fridley. Aciopted July 2, 1973, p. 16. 2 Ibid. 3 A comm�unity such as �ridley witi� a iargel,y settled popula�ion ��ould b� exaected to experience a decrease �?n population under 18 years of age and �an increase in the percentage of population over 65 years. . 4 � The M��cropoJii:ar, Council considers the number of fiamilies in a cc�mmunity below �his income �ev�vl t� t�e a s�ignificant measure of that comr�unity's neECl for low and mod�rate income housing and rental su�sidies. It requires this clata in a11 in�'ividual applications for HUD funds that i± re�eiews. 5 All data in this secti�n �oir�s frcrn the 1975 survey of housir��g, �ity af Fr;d'iey� 5 The delineation and d�fini�ion of these fou�r categories derived ir�or� con� versa�tior,s vaitF� the assessing sta�f. Operationally, structur� i� ne�V and c�� cQ�idition correspond �Q �,�hat HUD refers 'co as sound; fair corresnonc!s �ta det�ri�ratings poc�r to di1apidated. . 7 Me�ro a1location guidelines 8 Streets in this area are al� e��ginal construction and have never undergone in�provement; C�it:y Crgineering Departmenc, street improven�erit records. 9 . 1975 surve,�1 of housin�, Citv �f Fridley. '� � l °��;� � � � < Footnotes (continued) 10 Ibid. 11 Ibid. � , � D �'r �.....- �� ,�/� }.- ADMINISTRATIVE STAFF REPORT . 7760 Elm Street N.E. by Paco Masonry, Inc. DESCRIPTION; This permit is for the construction of a 102' x 99.5', 10,149 square foot speculative building located at 7760 Elm Street N.E. The property is zoned M-2 (heavy industrial areas). The building will be constructed of a combination of concrete block and brick to match much of the new construction that is being developed in the area. The proposed structure presently conforms to the zoning code, except for the rear yard set6ack and the sideyard setback. These exceptions have been re�commended for approval by the Appeals Commission. The parking for this structure is being provided by a joint parking lot to be shared by 7790 Elm Street. This parking lot meets the requirements for both structures, according to the zoning code. ENGINEERING: The drainage on the property will be toward Elm Street. There is no anticipated engineering problems. ENVIRONMENT: No anticipated harmful environmental effects. Building should be beneficial to total improvement of the Onaway area. STIPULATIONS: 1. Complete landscaping as per office copy dated 12/2/75. 2. Written agreement to be submitted to the City by the adjacent property owner showing approval of the zero=lot line setback for building. 3. Submit letter to the City stating that property w.ill not be sold without joint parking agreement with 7790 Elm Street N.E. ADMINISTRATIVE STAFF ��R��T 7790 Elm Street N.E. - by Paco Masonry, Inc. DESCRIPTION: This permit is for the construction of a 99:5' by 51', 5,074 square foot 5peculative building located at 7790 Elm Street N.E. The property is zoned M-2 �eavy_ industrial areas). The building will be constructed of a combination of concrete block and brick to match much of the new construction that is being developed in the area. The proposed structure presently conforms to the zoning code, except for the rear yard setback and the sideyard setback. These exceptions have been recorra�nended for approval by the Appeals Commission. The parking for this structure is being provided by a joint parking lot to be shared by 7760 Elm Street. This parking lost meets the requirements for both structures according to the zoning code. ENGINEERING: The drainage on the property will be toward Elm Street and 78th Avenue N.E. There is no anticipated engineering problems. ENVIRONMENT: No anticipated harmful environmental effects. Building should be � a benefit to ��1 improvement of the Onaway area. STIPULATIONS: 1. Complete landscaping as per office copy dated 12/2/75. 2. Submit letter to the City stating that property will not be sold without joint parking agreement with 7760 Elm Street N.E. ��