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PL 02/06/2002 - 30915^ CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 � CACL TO ORDER: Chairperson Savage called the February 6, 2002, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Barbara Johns, Larry Kuechle, Dean Saba, Leroy Oquist Members Absent: None Others Present: Stacy Stromberg, Planner Julie Jones, Environmental Planner Jerry Thompson, 6831 East River Road Ann Bolkcom, Councilmember APPROVE THE JANUARY 2, 2002. PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the January 2, 2002, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Lot Split, LS #02-01, by Jerry Thompson, to separate the property into finro separate lots, generally located at 6831 East River Road. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated that the petitioner is seeking to split the property into finro single family lots to construct an additional single family home. Code requires lots in the R-1 district to be a minimum of 75 feet in width with the minimum total lot area of 9,000 square feet. The proposed lot #2 will be 80 feet in width and 11,280 square feet in size after the split. The proposed lot #11 will be 80 feet in width and 9,473 square feet in size after the split. Both lots meet code requirements for lot width and area. The lot was initially two separate parcels and combined into one lot in 1968 for tax purposes. This lot split will restore the parcel to its original finro lot configuration. Ms. Stromberg stated that if the lot split is approved, the vacant parcel will have access off Hickory Street. The existing home has access off East River Road. The lots exceed the �� minimum size requirements and provide additional home ownership opportunities for Fridley residents. Staff recommends approval of the lot split request with stipulations: r L PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 2 � 1. The petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plans shall be approved by the City's engineering staff prior to issuance of any building permits in order to minimize impacts to the surrounding properties. 3. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. The petitioner shall pay $750 required park fee for the newly created lot prior to issuance of building . 5. The petitioner shall pay all water and sewer connection fees. 6. The petitioner shall agree to preserve all mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City Staff prior to issuance of building permits. Mr. Oquist asked if the petitioner was going to construct a house on the second lot. Ms. Stromberg stated that she believed so. Mr. Jerry Thompson, petitioner, stated that he has no problem with any stipulations. Mr. Kondrick asked when he wants to start construction. Mr. Thompson stated that he would start construction in May. Ms. Johns asked if any neighbors had any questions. � Ms. Stromberg stated they have not received any calls. Mr. Kuechle asked if there is any potential for a drainage problem. Ms. Stromberg stated that the stipulation for a grading and drainage plan is a standard stipulation requested by the Engineering Department when there is a lot split or plat addressing any possible concems. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Kondrick stated that this request seemed pretty simple. Ms. Johns agreed. Ms. Savage also agreed. MOTION by Ms. Johns, seconded by Mr. Kondrick, to recommend approval of LS #02-01 with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plans shall be approved by the City's engineering staff prior to � � issuance of any building permits in order to minimize impacts to the surrounding properties. 2 PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 3 n 3. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. The petitioner shall pay $750 required park fee for the newly created lot prior to issuance of building . 5. The petitioner shall pay all water and sewer connection fees. 6. The petitioner shall agree to preserve all mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City Staff prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. CONSIDERATION OF A RECOMMENDATION FROM THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (EQEC) TO SUPPORT LEGISLATION THAT WOULD RESTRICT THE SALE OF LAWN FERTILIZERS THAT CONTAIN PHOSPHORUS: Ms. Jones stated that this issue came about based on a request Mayor Lund received from the City of Shorewood to support State legislation they created last year and tried to pass last year. The EQEC investigated this request over a number of months. One of the components of the education plan of the Springbrook Watershed Implementation Project includes a plan to ban phosphorus fertilizers for the City of Fridley and the three neighboring cities involved. Voluntary efforts to try and get the industry to change their practices over a number of years have been unsuccessful. Local municipal bans have struggled and failed. The bans are about impossible ^ to enforce because what city can afford to have fertilizer police out on Saturday mornings as people are fertilizing their lawns? It is also difficult to compete with national advertising. Cities struggle to get nonphosphorus-containing fertilizer on display at Menards or Bachmans or wherever, but people want what they have seen advertised on N. It is hard to compete with that. Education efforts have been overshadowed by multi-million dollar advertising campaigns. Phosphorus causes excess algae growth making lakes and ponds turn green. The submerged plants cannot get enough sunlight and die out and consume oxygen as they decompose. The fish and other organisms then die out because they cannot get enough oxygen to breathe. Ms. Jones stated that corrections are expensive and the typical lake phosphorus treatment costs $50,000-$75,000 for one treatment. Getting approval from lake shore owners to pay such extreme costs is difficult. The type of treatment tends to create other chemical imbalances that require further treatment. The irony is that phosphorus is not needed in fertilizers. Mr. Kondrick asked what phosphorus does. Ms. Jones stated that phosphorus is recommended for certain types of plants. This legislation would only pertain to lawn fertilizer; it would not pertain to garden fertilizer or fertilizer for flower beds where the phosphorus may be needed. In most cases, soil already has a high phosphorus content. Phosphorus is added to non-organic type lawn fertilizers. Phosphates were removed from detergents many years ago; yet in our very storm water system that does not go through treatment, there are no regulations on things like fertilizers. Phosphorus is a regional issue. Storm water coming through Rice Creek comes from Forest Lake and Hugo. Even if we control phosphorus in Fridley, there is so much water coming in from other areas that they have no control over. It is difficult to have an impact on national retailers. Water quality impacts property ;� values. Green lakes would not be nice to swim in. High phosphorus levels are coming into the Springbrook wetlands from other cities, not land in Fridley's borders. Moore Lake is treated 3 PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 4 �--� regularly for algae. Harris pond is treated every third year for phosphorus levels and ever year for algae. The statewide legislation is a better approach than trying to do something on a city level. Ms. Jones stated the EQEC recommends restriction of the sale of phosphorus for all types of properties. That was not a clear point, and the Commission felt that this should apply to all types of property, not just residential. This should apply to commercial applicators, not just the homeowner. Staff concurs with the EQEC's recommendations and that there are many other education aspects that need to occur about phosphorus. Phosphorus in lawn fertilizers are only part of the problem. Some studies say that grass clippings and leaves getting into the storm water system are a much bigger problem as well as soil erosion. Mr. Kondrick asked what other communities and suburbs adjacent to us are going along with this program. Ms. Jones stated there are 36 cities. Plymouth is certainly one city that put a phosphorus ban in effect. Minneapolis is in progress. She has not heard of any City close to Fridley with the ban, but it has sounded more like a Hennepin County issue. Hennepin County has been active on doing some studies on it. Mr. Kondrick asked if Ramsey County was further along than Anoka County cities. Ms. Jones stated they could be because there are some Ramsey County cities on the list of supporters. � Mr. Kuechle asked if the commercial applicators are controlling the amount of phosphorus being put on. �"� Ms. Jones stated that she did not know that, but cities that have the bans have gone to the commercial applicators first. That might be due to the content of the fertilizer or they feel it is more critical to get that part started first. Mr. Kuechle stated that it may be easier because there is only a certain number of vendors to work with and they have the economic interest of not putting it in there if they do not have to. Mr. Kondrick asked if we were going towards a ban. Ms. Jones stated that is the way it was described in the education plan for the Springbrook project. The State legislation restricts the sale of the fertilizer at the point of sale. It still would be out there and available, but you would have to prove with a soil test that you need it for the soil or apply it to a newly established lawn which needs some phosphorus to get it going. Mr. Kondrick stated that ChemLawn comes to his house and he will check it out. Ms. Savage stated ChemLawn would not be allowed to use phosphorus under this proposed legislation. Ms. Jones stated ChemLawn would not be allowed to purchase phosphorus just like everyone else. Ms. Savage asked if the Rice Creek Watershed was in favor of this. � PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 5 ^ Ms. Jones stated she did not know. Mr. Oquist stated that he believes that the low phosphorus fertilizer is available now, but everyone wants the fertilizer containing phosphorus. MOTION by Mr. Saba, seconded by Ms. Johns, to recommend approval of supporting legislation to restrict the sale of lawn fertilizers that contain phosphorus. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist asked when the legislation would come in 2002. Ms. Jones stated they were planning on introducing it very early in the session. She does not believe it has been introduced yet. Mr. Oquist asked why they would not send a letter to the local people such as State Representatives as well as the Govemor. Ms. Jones stated that she assumes the Council will direct her to do that. The resolution states that the City is directing the legislature to support it. Mr. Kuechle asked if a bill exists and if it has a sponsor. ^ Ms. Jones stated that the bill in the packet is what she has also. It does not have a number on it. 3. RECEIVE THE MINUTES OF THE DECEMBER 3. 2001, PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE DECEMBER 6. 2001. HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE DECEMBER 12. 2001 APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE � MOTION CARRIED UNANIMOUSLY. 5 PLANNING COMMISSION MEETING, FEBRUARY 6, 2002 PAGE 6 � 6. RECEIVE THE MINUTES OF THE DECEMBER 18. 2001. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Johns, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE JANUARY 14, 2002, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE JANUARY 15. 2002, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ^ OTHER BUSINESS: Ms. Stromberg stated the February 20�' Planning Commission meeting has been canceled. The next meeting will be March 6 with two items. Mr. Kondrick asked if Connie Modig's seat would be filled soon. Ms. Stromberg stated she will have an update on the vacancy at the March 6�' meeting. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 6, 2002, PLANNING COMMISSION ADJOURNED AT 7:57 P.M. RespectFully submitted, � � Sign L. Johns � Recording Secretary ,�. �