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PL 09/27/1978 - 30498CITY OF FRIDLEY PLANIVING CQNIRiISSION P+�ETING - SEP7�NIBER 27, 1978 �"'�, CALL TO ORDER : Ch�irman Richard H�rria c�lled the Sept�ber 27, ].978, Pl�innin� Camao3ssion M�eting to order at 7:30 p.�. R�LL CALL; � l�mbera Pres�nt: Ned Storla, LeRay► Oquist, Rich,�rd Harr3s, Pat Gabel, James Lar�enf'eld Memb�rs Absent; Robert P�t�r�on, Virgini� Schn,abel Others Present: R�y Leek, Associate P lanner APPROVE P7�ANY�tING CONII�ISSION MINUT�S; STPT�� 13, 1978 MOTIOPi by Mr. Oqui�t, se�conded by Nir. Lan�enfeld� to �pprove the September 27� 1.978� P].�zanin� Com�iss3.on Nlinmtee. Ch�irman .Harri� c�].led for d�.scussion. . . Mr. S�orls sta�ed that on psdge 3, 7�h para�r�aph� he st�ted th€st the Meals on Wh�:�ls would be out of Unity� not �he Congre�ate Dinin� Room. • B�r. Leek st�ted th�t on p�ge �+, first p�ragraph, it st��e� tY�t the Feder�7. ^ Goverr��nt will subsidize. It should read, the St�te will subsidize. UPON A V�ICE VOTE� ALL VOTTNG AYE, CHAIRPj1/�N HARRIS D�LARED TAE MOTION TO APPROVE TAE SEP�i'ENIDER 13s 1978� P�NG COA�!4ISSION MINU'1YES A5 CO�iRE C�D ' , CQRR ]E D UNAN IMOUSLY . 1. PUBLIC HFARING: REQUEST FOR A SPECIAL �USE P�T, SP �¢7f�-l4�ALLEN B. STAHIaBERG: Per Section 205 � 157, 5, D, to �llo�a constx^�zction in CPR-2 Zoning flo� pls3.n) on Lots 23, 2�+, 25, Block U, Riv�rv3ew Heights� tY�e eaaa� bein� 8053 Riverview Terrace N.E. MOTION by Mr. Lan�enfeld, seconded by Ma. Gabel, to open the public hearing for the Specia]. Use PexTnit at 8053 Rivervi��r Terrace N.E. �POI� A dOTCE ��(3TE, ALL VOTING AYEp CHAIRAqAN AARRI S DECLARID � T� P UBL IC HEt1R 1IdG �I°EN AT 7:35 P .M. - - - - _ ^_ � _ _ Chairman Harri� asked Mr. Leek to present his information. Mr. Leek ata�ted that the Planning Stmii' hae review�d the Specia]. Use Permit reques� an8 ther� �re three conditions that must be met for the reques$ to be conside�e3 for appraval and they �re as followe: � ` PLAN�I�G COA�QS�SION �ING SEPTEA�SEEt 27, �978 PAG� 2 _o_.. s. If th� lot is 2 ieet below the 50 year fl� plain level� the house h�s �o be de�i�ed by � regiater� engineer. b. The D�t must have no ne�s�ive coa�nt� re�ar�ing the developm�nt. � , c. 15 fe�t ��11 side� of the buildiaa� must be above the floe�. pl�in l�v�l. In ra:�iewin� the plsiss aubmitted by Mr. b`��hlb�rg, we ffn� th�a� the�e conditioas are �et. Tt ia�s been aubmf�Cted to DNR �� th�r h�v� n� co��r�t� ne�stiv�Iy � om it. In fact in c�esigning the ho�� we f�d that it is pl�nned to be 2 f eet ' �bove �he requirem�nt. CY�i�n H�rx'ie a�k�cl �he petitionerp Mr. Allen Ste,hlberg, t� step �'ors�aa9d • N1s. Gabel �sked Nir• L�ek to clarify what Iae �er�ntk by 15 feet. Mr. Leek s�ated that �he fill a dis��nce o� ].5 Peet arownd the building m�a.st be 2 Peet above fload plain level, and �he el�v��icans wk►ich Nix°. St�ih].b�rg sbows on his pl�ns are ��11 a'�ove tb�t. t�. Harris aske3 �or copies of the bu�.�din� pl�ns. N1r. Harris e��l tdr. Leels iY �he e].ev��ion a� the top eY �h� b�se�ent iloor is �,bove flaoRi pla3n level. Mp. Leels s�id it taas. Mr. Harris stated 'cha�C the pl�ns sha� it to b� 2 f�� 3 1�2 3nches� which is �ae?1 �,bov� �he flr�d ].�vel. Mr. Harris �sked. 3.� th�re were any sewer problems in that �res�. � Mr. Leak st�ted ich�t the Pl�nin� Sta�� h� d'�al}sed �to the �gi�e��3.n� Departt�eat� and the de��ils of Mr. S�ahlber�s pl�ns seeffi io handle a�► sewer problema. The �ineex°ii� D�pas�ttment Y�8 n� problem with tkais. A�r. Harris stated th�t he �?asconcerned about �he Ci�y's ei�u�tion, because i.n the psat they have h�d some problems. . A�r. I.�ngens��id �sked 1�°. Leek if there would be any pxobi�ms wi.th draine�ge. Mr. Leek state3 tha�t, w3.th this particial.�r prc9pea�y, they did no� anticipate any drainage proble�s. 1�. Stahlber� had no que�tioals or ca�ments. Mr. Ha�°ris �sked that an,yone in the �tadience in�er�stecA in this r�qu��et to step lorward. Mr. Frank Spahn addressed �h� C�mmi.asian ancA s�at�d that he was �pp�aring fbr his d�aughter who owns �he lat across the street from Mr. Stahlber�. Mr• S�iohn e�ated that he was interested in Mr. Stahlber�'s lot b�cau�e his dau�hter's lot Was very mueh the eame and will require fill. Mr. Spohn �sked the Co�ission for su�gestions regarding his daughter's lot. � �� PLAI��I�G CON�lISSION MEETING, SEPTEMBEA 27, z978 - PAGE 3 Mr. Harris st�t�i �hnt if Nt�°. Spohn's daught�r i� plannfng to build on the ao�� he sug�ests tl�at before she make any plans, she contact Stmff M�mber n Darrell. Clarlc su� he can �ive her �11 th� p�rticul�rs that she must raeet bc:f�re she can bui.�.d in this p�rtieu].ar area, and ah� coul.d then praceed. Mr. Spohn thanked. �he Coi�n3asion. M�TION by Mr. I�ngenfel�., second�l by Mr. Storla, to close the public hearin� for a requ�st for Speci�l Use Permit� SP #78-10. UPON A VOICE VOTE' ALL V0�'ING AYE� CHAIl�MAN �ARRaS DECi�RED T� P uBL �c �Ax nvc ,CLOSED AT 7:46 P.M. N�. H�rria ca7l,ed for discus8ion. Mr. Langenf�Zd sta�eri th�,t he �elt � Nbc. Stahlber� h�s taken all the aecessary s�Ceps to make certain that the thr�e canditions were met, and other stipulations made by �he City. H� pointed ou�G thm,t it should be stresaed� as it has been in the past when Special Use Permi�s were grante�, in this area� tY� t�he burden of ax�y problems lies w3th the develaper, not the City. MO2'ION by Mz'. T1an�en�eZd, seconded by Mr. Og,uisty t�o recommend-to City Council, approval of "the request for a Special Use P ermit, SP 4�78-10, by A11en B. Stahlberg, per Section 205� 157, 5, D, to a11ow construction in CPR-2 Zoning (flood.,plain) on Lots 23, 2L4, 25, Block U, Riveriview.Heights, the same being 8053 Riveryiew Terrace N.E. Upon a voice vote,-aIl voting aye, Chairman Harris declared the motion carried . _ � unanimously. � �i1r.--narris sugges't�d'th�t rir': 'Stahlberg contact �orothy"�venson -to find out when this � -- -- - .. _ ---- - - - --- _ . _ wi 1 appe�.r on the-CouYrcil'�s ag�nda. �- --- -- . --� - - -- -- , . Mr. Stahlberg thanked the tiom�mission. 2. PUBLIC HEAFtING; REQUEST FOR A SP�CIAL USE PERMIT SP �j8-11. BY AMOCO IL COMPANY, A DIVISI N OF STANDARD OIL COMPANY: Per Section 205.101, 3, E,H' to allow the operati�n of a service station with car wash facilities' on Lots 16, 17, 18 and 19� Block 13, Hamilton's Addi�ion to Mechanicsville, the same being 5311 University Avenue NE. MOTION by Mr. Oquist, seconded by Ms. Gabel, to open tke public heariug for a request for Special Use Permit� SP #78-11 by Amoco Oil Company. UPO1V A VQICE VOTE� AT,L VO'I'ING AYE� CHAIRMAN HARi�IS DECLARED TI� P UBL IC HEAR ING OPEN AT 7: 50 P.IyI. Chairme�n Aarris �sked I+�. Leek to present his information. � PLANNING CONlMISSION N�ETING, SEPTE�3ER �7, �978 � - PAGE � Mr. L2ek �tated that after revi�wing this r�q,ueat, the Stafi' wot�l.d reco�nnend ap�roval oY this Special Use Permi� with the etipulati�n th�� if and �rhen �the �:QSt end oi th� p�operty�was completed and L-he alley was vacated, Amoco Oil Company make iin�l improvements at tha� end of the pxaperty. I�. Leek stated tha'� he �ould al�o like to point out �or cle�pif ice�tion �to tYa� Commiseion m�nd to the petitioner a few itema Mr. Bo�rdman hae discussed �ai�h them. They ar� ae follows: � a. Tlie buildin� ehould be su�round�sl by a 5 fa�t concrete �pron. b. On the north end o� �ihe pr�perty line, al].oWances �ust be made for a 5 ioot �rea of landscaping gx°om the proper�y line, and there shoiil.d be landsc�pin� area at the northwee�ern cornex° of th� prope�ty. Nlr. Leek pointed out that the �rea �round �the bui.lding c�n b� either poure;d concrete, or cdxicrete with wo� chips, and the land�c�pe sr�a to the north should be sodded. Chaix�aaw Harr#.s asked that iche representative of the p�ti�ioner etep io�rrl. Ni�. HBrlan McGr€��or of the Ame�o 031 Con�pa�a,y c�ame forward. A�. NkGre�or ask�d for clari�'ic�tion of what Mr. Leek m��nt by �in�]. inapxavements if the alley �as vacated. Mr. L�ek st�te� �h�ic �hey ��u cur'bin� oP some �ort er a fin�]. �epar�t�on �rom �he ��jacen� proper�y by fencing or other m��ans. Mr. MeGregor ea�ed 3i i'traas �nticip�ted ths� this a�l.�y w�oul$ b�. v�c�.t�d.?.�:s � �1 M�. L�ek stat�i itl'�t i`t ` was �o� anticip�ted a`i �th3s tim�. I�. L�ek stated th�,t the trash pick-up locm�ion was not deta3led on �he eit� pl�n sns3 wou].d like ve�i�'ica'tion o�' whex°e the trash pick�up loc�tioas �ou�,.d be stnd h� they intended,,,tc� :;�,c�e,en, it . M�'. McGr�or ste�te�l. thR'� it .was presently on the,nortl� side _of the buildin , and was board on board cedar, hut would prohably=li� re�:ocated to the rear o� the building.� N�. Y,eek g�ve the Co�ission capiee o� �he e�te pl�s� Por their revieW. 1�'. I%x�'is &sked if it `,,as correct that �►inoco had a facil"ity theYe now. -- N�. McGre�or st�t�d tl�t �hat Iwas coxrect,__ N1r. McGre�or �sketl wY�y the five foot aprozi�"was required around .the back. Ms. G�b�l steted that this waas a zonix� re4uirement. I+�'. H$rris �tat�d th�t 'L'hi� �us required in order to protect the building, to . keep �11 vehicular traff�ic a�ray fro� the b�ailclin�. l�ir. Harris reitera�ed tha� . this was a part of the Zoning Ordinance. � �rrnaz�aG cor�zss�o�a r�rrNC,_s�n�� 27, i978 PAGE 5 Mr. H�rr�s �sked i� they would �xpand the gar��e �acility� or 1Y this was a n�w c�r wash operat3on. n 29x°. ktcGxe�or etat� it would be a stall $ddition to aLtaw for �he ear �a,sh. A4r. E�rris sug��t�d that Mr. McGr�gor check v�3.ich �h� �'ire mrarsha?�. re��rding tme underground stora�e tanlss. A�°. �rris ata�ed th�ic eince they will be dr3vi� lc�nes, �h�y m�,y ha�ve to b� cover�d �ith concr�te. Mr. Oquist �sleed ��hat the hau'rs fox the station wo�ald be? Mr. McGre�or stat�d thst �ith iche new Minne�ota Franchi�e Law, Amoco cannot 8ictate hours. This wi.11 be decia�cl by the op�rc�tor of the stati�n. I�. Langen��ld asked A+�. Le�k if the St�fP had analyzed the increased traffic flo�r �o se� ff thi� ��uld be a hazard �o the general welf�re. Mr. Leek st�,t�d that a foru�al study �ad� not been mr�de. Mr. L��en�eld aske�.. if �hey could assume �h�t the houxs would continue the same �s now. N�. NkGr�gor sta�ed th�t,t 'the st�'tion �as _now closed, and a new operator would be taking ovex. The new operator would determine the hours. Mr. Her�is stat�3 �hr�,t the Co�ission aould make a stipulatiori ori-the �pecial Use Permi� regard�.ng hoiars. � A9s. G�b�l s��ted �ha� ranless �he hours have an imp�ct on a res3dentia]. nei�hborhood, she �oul�l hesii;;ate �o do it. 1'�r. Leelc said that there would be stin»lations for the propert� at .�333 University Avenue when th�t property was reopened. He said the sign company had withdrawn their rec�uest, but the City had otner inquiries on that property. Mr. L2ek stated '�h$t � re�tT �ence would be required on this property, and the stipulations were the same that they had asked for at the time they approved the sign company. Mr. Aarris atated th�t �he Zonin� Code requires a physical sepsratie� between commmerci�, �nd resideaati�l �reas. Mr. Oq,uist s��tt� �hh�t th� �t].ley �+�as the physical separation at th3,s time, When th� alley �as vacated� gencing would be required at that time. Ms. Gabel asked i�' there �rould be anything storeci in the rear that should be fenced. Mr. McGregor stated that nothing will be stored. The trash.pick-up location �+ill be there and wi11 be enclosed. No equipment or ar�ything else would be stored outside. � PLAI�JING COMMISSION MEETINGI SEPTENIDER 27, 197� PAGE 6 N1r. ii�xris st�ted tha$ he was concerned about the car wah operating 24 hours $ d�y� bec�use the residents in �he �'ear �WOUld then be affected_by lights and noise from the cars. Mr. Har�is sta�ed that he �outd lik� to see the facility � closed bet�aeen the hours of 10 p.m. an,d 7 a.m. N1�. Gab�l a�kec� iY Mr. H�rris meant the en�tir� f'�cili�y� or just th� csr wash. Mr. Aaxris s�iated that b�cauae the exis�in� facil.ity was �rand��thered ina it would be di�P3cult �o impose reetrictions st �his point. But iche car �rash iaas �--" a diff'erent mat�e�. _ � -- A�. I�Gregor s�e�t� that he could underst�nd �he ni�h� li�itastion, bu�t asked the Co�mi.ssion to reconeider �he mornin� limit�tiorn. H� would like t.o see it oloen at 6�.m. ins�ead oY 7 a.m. . l�r. Harxie agreed. Ms. Gabel stated that she didn°��like to see hour li�iicetions plac�3 on a busfn�ss� but because oP �the ef�ect on residents in the r��r, it�aas unique. A�ss. Gabel �ta°�ed tha� there wa� � big p�obie� t�ith the property next door� 5333, at ane �ime bec�uae of the noise at nigh� from tx�a�ks and cax°s. N1p. Leek st8t�. that th�re�,Yas the option of the petitioner providing screening alon� tha back of �he ].o� to prevent the probl�m of li�hts. I�r. Ha�ais a�ree3. Nbc. Ha�ris statecl th�t i� the p�titioner �r3.shed � 2�+ haur c�per�tion of the /"'� a�r �sh, the City would be �ai�.l.ing to look at screenia�. ' �. Nc�2'ION by �. Langenfe�d9 seconded b� Mr. Qa;tzist, to close �he pub�ie he�xring for a reques� for Sp�cir�]. Use Permit� SP #78-1i by Amoco Oil Comp�x�y. UPO1V A VOTCE VOTE� ALL VOI'ING AYE� CHAIRNIAI� HARRIS �CLARED THE PUBLIC HEARING ` CLOSED AT 8:23 P .M. ' - - - MOT IDN by Mr. Langenfeld, seconded by Mr. Oquist, to recommend to Council approval of the request for a Special Use Permit, SP ��78-11, by Amoco Oil Company, a Division of Standard Oil Company, per Section 205.101, 3(E.H.) to allow the operatian of a service station with car wash facilities on Lots 16, 17, l8 and 19, Block 13, Hamilton's Addition to Mechanicsville, the same being 5311 University Avenue N.E. with the following stipulations: A. Tn th� enen� �h� alley i� vaca�ed.� i�in�l improvements be made. B. The bu3l.din� be surrounded by � 5 foat concre�e apron. C. Or� �he nar�h end� $ 5 iFoot allawance �o� �.a�adscaping from the �roperty line, aad in the northwestern corner of the lot there shou7.� be sod. D. The car xash is not �o be conducted Uetween �h� houxs of 10 p.m. end 6 a.m. , . E. Screenin� will be provided �long the back or esst side of the property�. in lieu oP closing betw�en the iaoura oi' 10 p.m. and 6 a.m. ^ � P LANN ING COMMISS IDN MEET 7NG, SEPTEMBER 27, 1978 - Page 7 �..� UP ON A VO ICE VOT, ALL VOT ING AYE , CHA 7RMAN HARR ID DE CLARE D THE MOT ION CARR ]E D UNAN IP:OU SLY . Mr. Harris said this would appear on the.Oc�ober 16th Council Agenda. He asked Mr. Leek to notify Amoco Oil Company if there �aas a change in this. Chairman Harris declareci a recess at 8:35 p.m., and reconvened the meeting at 8:50 p.m. , 3. CONTINUED; MEMORANDUM OF AGREEMENT MOTION by Mfr. S�orla, s�con��cl by A�r. Oqui�t� to continue th� N�morandum oP Agre�m�nt until the Human Reeources Commisaion foa��almtes a sys��m to process char�es. -� Ms. Gabel stated that sY�e would like to asls�°. a few q,uesic3ons. Ms. G�bel a�k�d i� there ie any w�y they can projec�t the ntamber of charges per y�ar. Mr. Storla st�t� tlnat Coon Rapids has not had any com�leted char�es in the S►ear that they ha�ve had this. " Ms. G�bel asl�ed. hca�r �.on� i� �akes to resolve a camp�aint. ^ -. �fr. S�torls s�ated that in �he Niinnesota Hum�n Ri�hta Departmen�i� it takes 18 raon'chs �o� �Che D�pa2°��er�t to ge� to �he campl�int on the �v�ra,�e. Mx. Storla sta��d that he has no sts'tis�ics �s to how iong it ts��s �1'icer they ge� to it. Mr. Langenfeld ask�al. if the Memor�ndum refers to ar�y speci8]. group of pec�le. Mr. Storla statecl that it does not. Ms. G$bel referred �o page 10, p��°�graph 1, regard.ing e member of the Human Reeources Hwman Rights Cormnission acting as a repxesentative far �the char�ing p�rty. Ms. Gabel ques�cioned ho�r the Co�.ission w311 select the representatfve. Mr. Storle sta�ed that �the Commisaion has not yet discussed th3s. Ms. Gab�l ssk�d what the le��l rami�ica�tians o� haviag a.Co�ission member as a representa�tive. Mr. Storla stated tha�t �the State Human Rights D�partm�nt is liable for the ections oP the representative, not the Fridley Hum�n Rights Coam�ission. Mr. Storla fur�her Qtated that $he State gives our Comm3ssion the option to become their iu-take officer and to try to conciliate the problem, or to solve it. It we cannot solve �he problem� We s�ill have been �the in-take oificer� and �ive them s copy of the forms, and they �ri11 then h�ndle it. � PLANMNG CO�IISSION MEETING, SEPTEN�ER 27, 1978- - PAGE 8 UPON A VOICE COTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARID THE MOTIdN _ C�ARR ]E D UNAN IMOU SLY . �. CbI�SID�iATION OF A BY THE CITY COUIJCIL TO REVIE[� THE SIGR ORDINANCE REGARDING FREE STADlDI1vG 51t�iv5. Chair�n Harris called �'or discussion. Ms. Ge,bel stated. t�t Councilman Schneider informed her that he thou�ht there were too many requests �or variances. Ms. Gabel stated �tha� in reviewi�� the requests for variances which heve been present�d to the Appee�ls Co�nission� she do�s nat fee]. tha� �here have been an excep�Cio�l number of requests, �nd feels that the variance process has kept a�ood handle on them. Ms. G�bel stated t�et ir the sig� ordinance was too lenient, we will have unnecessary . si�ns all o�rer�'without the petitioner havi.ng to prove a h�rdehiP• MOT IDN by Mr. Langenfeld, seconded by Mr. Oquiest, that the��P l�nning Commission recommend to Council that after discOrdinance,rtoiremaintaecomprehensivecand we adhere to the purpose of theandgnot to alter, change or amend any further impartial series of standards, all voting aye, Chairman flarris stipulations within the Code. Upon a voice vote, declared the motion carried unanimously. ................ . ... .......... . ,5, gE(� IVE pR� OSED CHANGES TO CHAPTER 2Q5� ZONIN� PZ�JT IDN by Mr. Oquist, seconded by Mr. Langenfeld t� receive inemorandum from Mr. Soardman regarding timetable for zoning modifications. In reviewing the timetable, Mr. Harris stated teSt�h�etWOlmeetings�in Decemberult for the P laruning Commission to review the cTiang . Mr. Harris asked Mr. Leek to discuss this with Mr. Board�an4 Mr. Oquist felt that three meetings would be necessary. Mr. Harris stated that they would endeavor to adhere to the timetable, but couldn�t guarantee anything. UPON A VO I(� VOTE, all voting aye, Chairman Harris declared the�motion carr3ed unanimo�tsly. ... ...... .......... ............... ... . . (. gECE IVE HUM.4N RESOURCES COMMISSION MIlWTES: SEP7�MBER 7 1978 MOTION by Mr. Storla, seconded by Mr. Oquist to receive the minutes of th.e Human Resources Commission of September 7, 1978. Chairman Harris called for discussion. � �� PLANNING CONQRISSION MEETING, SE�II� 279 1978 - PAGE 9 Ms. Gabel referred to page 5 of the.minutes, re�ardin� whether or not Fridley reeiden�s will be given priority ior rental in �the Village Green. NIs. G�bel �"'� asked for a cl�rification of' this. Nlr. Oquist sta�ted that they cannot intentionally give preference to Fridley residenta, �hat they mus�t �ollow atate guidelines. Mr. Oquist s�atetl �Cha� a11 o�her things bein� equal, the possibility of the Fridley resident getting ;, preference is icYaere� however� , it cannot be buiZt into the syetem �hat Fr3dley reaidents wi11 get preference. Ms. Gabel asked iP there will be minority quotas. Mr. Oquist st��ed tlzat they cannov have quotas, and c�nnot turn a�yone sw�y because o� being in a minority. . Mr. Leek stat�d that because of t�he Bakke Decision, thexe can be no quo�ae per se built into an af�'ir•mative ac�tion program. Mr. Iiarris askec� if the proble� concerning W3ckes F'urraiture has been resolved. Mr. Storla s�ated that it has not yet b�en resolved, snd that he 3s gc,in� over there tomorrow to look into it further. UPON A VOTCE VO'1� ALL VOTING AYE, CHA]Rh7AN HARRIS DECLARID TAE A�TION � CARR IE D UNAN IMOUSL�Y . - _ ..__ - --- - - - - ,^ 7. RECEIVE CONIl�lUI�'ITY DEVELOPMENT CONA'�SSION MINU�ES: SEPTEMBER 12 1978 MO'i'ION by Mr, Oquis�C, s�cond�d by Ms. G�bel to rec�iee the Community Developm�nt C� sion Nfinutes of Sept�mb�x° 12, 1978. Mr. Oq,uist stated that on p�ge 3 0� th� minutes� A�s, Gabel would find the answer to h�r question regarding �.inarity quotas.� UPON A VOICE VQ'1'E AI,L VOTING AYE� CHAIRMAN iiARRIS DECLARID THE N�TION ' CARR � i1 iiidt�T h�f(3L�S�� : - - - • -� - - 8. RECEIVE APPF�t1I�5 CO1�lISSION MINUi'ES • S�Ex 1.9, 1978 M4TTON by A�S. Gabel, �econded by Mr. L�enf�ld, to receive �h� September 19� 1978, Appeals Coa�i.ssion Minutes. ' Chairman Harr3s called for discussion. Mr. Earria ask�d �+hat �he status is on �he suit on the �+0 foot lots. Ms. GBbel sta�ted �h�$ sge understands �hat they are going to�court to set a date to go to court. Mr. Harr3s and Ms, Gabel asl�ed Mr. Leek to let them know if he learns a�ytbing ^ r��arding this. .IIPON A VOICE V�'tE, pLi, V�YNG AYE� CAAIRMqN IiARRIS DECI�ARE'll Tl� MOTION �^ GARR7ED UNANIMOUSLY. — _ _ . . ..- _ ..� _ -. _ _ _. �`n " � �`�v 0 PLAIdNINQ COMNtISSIO� MEETINGy SEP'I'EI�ER 27, 1g78 o PAGE 10 g ar� Bvsn�ss RRGTION by� A7s. Gabel� a�conded by I�. L�en�eld,, to rec�ive doc�e�t re�arding � de��chmeat�annegation o� Lo�t 2�� Niissi��aipp3 Oa,ks �d the Ea��C�rl,y 84.5 feet or Lot 17� Auditor's Subdieision No. 103 revised. NJr. Oquiet que�tion�d w1�Y i� took 3 months to receive thSs d.oc�aent. Me. Gabel st�ted that it some�time� �t�lsee �the Court 3 months �o Pro�iuce it. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRNIAN HARRIS�DECLARED THE MOTIOId �CARR IE D UNAN 1MOUS LY . , . MdPION by Mr. Storla, secouded by Mr. Oquist, ico receiee co�nunication re�axdin� chemic�l exxamination; 55�+� E• Danube Road. N1r. Langenfeld sta�ed tha�C this is the type of tYaing �he �nviror�cent�7. Quality Cammission �ras hopin� the Council wotnld do before making any moves in re�ards to development in situations like this. Mr. H�riis stat� th�t �hey were concerned with the type of m�tcrial they were dumping there and whether it was ].eachi� iaato th� ground water� and app�rently this was in response to this. t7PON A VOICE VC�E� ALL VOTING AYED CHAIIiI�l,N HARRTS DECLARED THE Ni4TI0Id '_ -- -- . CAItR � D UNAN 1MOUSLY . . �� M{3TI4N by Mr. L��en�e].d� s�conded, by Ms. Ga�el �o receive cammunica�tion re�arding r�et bas�ment� ir3 Nor�h Innsbz°uck. R4r. Lsngen�eld stes$ed $Y�t it b,was known that one basement actually crumbled. _ Mr. Langenfeld requested, th�t the Environmenta� Quali�ty Ca�ani.ssion be given e, copy of this co�unica�ion. i�br. Langengeld stated that the Environmental Quali�Cy Conmm3.ssion was pl�xii� on inviting Mr. M�sserli to � m��tix� to infmrm them as to whest was �taicing place. It �pp��rs that he was going on his own with signatures to try and seek legal sssis�tance. �_ _- - - N1r. HArris stated that Councilman.Schneider inf�r�ed him that he `rished to del�y �c�ion untiZ �he si�cuatian se�tles dovm. Mr. Harris stated �hat he su�ges�ed �o CounciZman Schneider �ha� we contact �the Co�missioner and inform him of our displeasvre in the to�al h�ndling o� �he si�uation by �he Re�ional Aydrauligist. Since then� there was a letter in the file from Joy Alexander, Commissioner of Naturel Resources in regards to this �tter impl,ying that there •was nothing they could do about it now. Mr. Harris believec� they were txying to �rhit�wash the whole matt�r. Mr. Harris stated that he had d3scussed this with Jerry Boardman and Darrell Clark, and it seems �thst the DNR made a stand and fraam that point on� they backed away. ^ PLANNING CONII�IISSION N�E`TING, SEPTEPABER 27, 1978 - PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE� CHAIRNIAN H�IRRIS DECLA�tED THE hi0TI0N ' �ARR IE D UNAN IMOU SLY . �� ...,.__- L � MOTION by Mr. Le�ng�nPeld, secon�ed by Mr. Oquist, to receiee ca�un3cation regaadin� Euer�yr' Co�nission. Mr. L�ngenfeld atated that �they 2�ave �'owc members for sure. Mr. Haxxis eta�ted tha�i they were hoping for 6 or 7, but naight have to settle ior 5. Mr. Harris s�tated that he �rili chair th� cormniss3on temporar�l,y. UPON A VOICE V(�E, ALL V4TING AYE, CBAIRMAN HARRIS D�CLARED THE A+IOTION� ��-- `� �� CARRIED UNAN]MOUSLY. MOTION by A?�. Storl.ed� secAaaded by Mr. Oquist� ico asi journ the meetin�, _- - - UPON_ A VO�G'E VOTE� ALL �TOTING Al'E' CHAIRMAN EARRTS DECI,�D THE �LANN 1NG COMMI�_ISS ION __ D�EET ING OF S� TEMBER 2�, 1g��ADJOURNED AT 10:00 P.M. Respectfui]�r aubmiict�l� ��.Gf ��/��i �...1 ICaichy S�e].ton Recoxding Seexetary � �