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12/08/1975 - 5434NELEN FAGIN SECRETARY TO CITY COUNCIL PUBLIC NEARING PIEETING D�CEM6ER 8, 1975 � '� � � :�' , _ _ '.�`''r-3' � t�iCt�1C TO : � , , �(�iD�EY � ': � P. N. MTG- DEC. $� 75. DEP!IRTi�.�1=tiT FiE!lDS � . �ol l o��ring are th.�. Y11, l 1 V1VJ ��r,�, . Hnswers are due back in the Ci ty Manager's effice by l�lednesclay Noon, Dec�mber 31, 1975. ThanK you . C{TY CuUNC I L. -- i'U�1_I C!-!E/1RI f�� hiEET I yG - D�CE��'cR 8, 19i 5- 7:�0 PiYi PL�:1�C� Q� �iLLF!�Ir�NCE: �:35 P.r�. ��LL C`;�L: . Ail Present �'�T)0�'T � 0�� OF ��.��P�'� : FU� LlC l;��ti(�G: adopi;ed wi tE� two addi ti ons : 3. Letter of Commer�da �i on • - Officer 1'�unk�in a � 2. Counciiman St�r�ti�alt re�uested dis�ussion of �al�ie 7'V. Pu:�� :: �'��r� ��!� on �1� ��L� nar�c� EST�II�LI SNI NG GF1AP i�� G o�= -�� ' �iT`t �� ,;��.;:;J:;�;�v �,��ifiMISS10NS ��C��L`7'ES �;�;; lZLTf1�P �L�r�t��i��G �Of��iYiI S51 �i��< i�EG(7��71��?►�^;;i:!� � ION ��1 PRaJ�:CT ��i��h�I'CTC�S AP�D �':'�:�t:,;t�C� ' i�P(1(,��!..tit�ijl: � t � � � � � . � : c � � � � t + E e t � t a t t e t t e _�. �� 17 i'ubl�ic f�i_�<��r:c; ope�:ed <<�: �:�0, and tiva�ved 'th� r�ud;nr,. �fiayor i�lE':� ?ndica'::��,. ��.;. he i�C'�l: tiCi:�:' ��it�l�:l�?i7Y;E'_� SfiOtlsu i?f' 2.r.>f:d�i1S}lity t�t�C]ai(�1?lt1 �:�?E' �av!?C'�al:� r-f:'?'i?i��=1�:'s�: �:�;?i�QV71?'1 ' �'d!'1�?1�t.:i:"r; 11� �t--; �01��?C?-, i1' ;.l11S 1$ Ri7� C1Q11iQ tC �i'E �1'i.J/ C�uii(':'. i"'�Y ;� c'. :�iC�'L �•;�� ti::�.u. _,:.. c��,c��t��i,�c1 ;ectio» �.�7 - r-r�,=;p t � �, tc�� c� .� �� ._ -.,-� �t ,I � l, C� ii�� 1. ..'��. .t -tiu.a_ ��'..� �: 1 � sta�.cs i:��e G,rojer_t commiri:ee r.�ay or sha'll bn cnaire�i b�� a n,e:!,?�n.° o{= ;:[;e Gc;�:::�:�,sion. 1f ' lvuc, f"2�: j"�/ l.0l.t�"iCl�l?1c311 St.�r-+•rall. he lVOU�C� SJ.'•Erli: nn�l�i��i` �CII�' 1 Ol :' t"_ 1+�,�.�� '►:.:� ��reicler ��as in ci�i ,a�tree��ent t,r;t;� th�is. There r�as a-Feei �i�� his uec�;=. _�,. ��_ .:7,�,,, :.� . � f:he , J�ay•c,C � ri�,•.1_L' i flC{ �he �':iR':�11 i:��C' COU� CT �Icl�� .. rf�� Jn�{ �; i: `�:L �x ..��i • i E:ii�. t„ e too ��uci� �.,, . , : �: Ti�E�RI:r'G A:� ; I��v CvFEDc".D Put ba��: on next ac+e�',d:� fur� �'.•�t �� r� ,. ...-;,- •� � � __.___. _-.-_� J � ' f C�C.� 1 � ��:'� ! � . _ e t C�.i:�ltC�C�e � �=c; iiaiso�� o project comn�itt��s. G4i�SI �:��fZ;�TlOt: (?E= �cC�UCSi F�tZ SUPI'O�T OF �G;`�!r.��:';" iS;.i��n r.' � _ t �: ('y111' : ii �V ` � �� I C E f'�!": '� i: f� l !`, �, C L � �:13 �z 11T I 0 id � � 4 �:� iJ L-: � �: �_� �` � iv:u , .; - . . : � : :_ . . rr -. �^� � T �� .. :�i'. d r 1 i] l.J , e � e i � , � , � t � � s s� � , .. - . 0 1 c � � . �. � r ��z'E ,-��,� j:,?j(�Ilt'' i.!'.0 �J....� ' �ti�71'�i�11 1';':,S Il:elfiC' tCi C1ZL'(? :1l1 JIIIiOUIIj: Ui �JU;�.�ti C:)llt:l""t''•U:'�01� ;;:;..: . s' ie:�� ,?i�.' �' � i:t"?j� �.rt �':�i:>f�i sic;'r.or, f.. t.. at;'� '1 il i'Ci.ill�ll t;fiC COIiC°t"'ti ui'�"�ii �,'I � � �! •t' �` .. ., '=� iiY'? U?:'.:� + . � "i Ci f`!'.. 1, i' , l.. (� 1? �r.i i�- iit •'i r,..: ii'� •i .r` . . . . _ .. .... .. .. .. ! . ..._... _ . . . ....._ . . . . . . . . ... .. ... .. ... . . . . . . . _... _ _,._.._ _ . ,.. __. :...... , • I � PUI3LIC l�CI�RIf�G f�IEETI��G, DECCf�1BE� d, 1975 PAGE 2 � � II, NE4d BUSI(�ESS: . ICOrdSIDER�TION OF PRQPOSED iULCS AhD REGULATI�f�t3 FROM h�Ii�f�ESOTA Cr�vtROhr�Et`TAL QUALITY �OUNCIL � < < � � � � � � � . 3 - 3 i� ,� h9QiI0�V to adopt 1ett�r re�ardirg State for Inclusion Into The Pul��fic Records On MEQC ruies and R�nulations, as revised by /lmendment. ti0TI0Pd to an�end ihe Rules. and Revulatiorts by deleting Ii;em i/3 and add - a statement for su�a,�ort for 50Q �ic�a�atures, or in lieu thereof, action by County Co�rmission or City Council. ::�IN��!�I��G ACTION NEEDED: Na e � k suggested changes �n letter to EQG an� forward to Sta�e. , - ' � ' COI�SIDEr�t�;TI��J OF �Oi�DITIONAL ACCEPTAhCE OF �iNl�f� ��I�iTRACT �"�Ii;� LOi aL ��3ZO CPOLIC� Ol=FICERS) (=0R THE YEP,RS �� AND , 1977�,,,,,,,��,,,,,.,�,,,..,�..,.. — 4 �B '� M�TIOi� ;:o auti7ori ze executi on of Uni on Contract ivi th Locai ;�3�0 (Pol i ce C+f�i cers ) . i`ar the Years 1�76 and 19i7. �I�<ANCE ACTIQN t�EEDED: Proceed as authorized and inform proper au�h:arities. � � ', : ' - - I� � �Ot�S IDE�ATI ON OF AP•1ENDME(dT TO FRONT I ER CLUB REZ(}E� I�I� � ' I� � �'�GRE�M`t�T PERT/�ItJIt�(G T0 TIME LIMIT� � � � . � � . R . . , , � 5 - � � � .,.,•- rw� TOi�t �,�«s ,�;ade i�or F,��endment to the Frontie�� Clcab Re�oninc� Agreement to i►�s�;�t in p�ract�°aph 1- one year from 1:he date of the aao iio -'- p n c�f �he Oi°dinance. II�=�liJEEi?±i�lG kCTIO+V t�FEDEQ: Amend a reen�ent a - r ---___ ___ _.._ � s prQposed. �1��,iUu��' : � 0:00 f�.P�1. 0 � � ' ' ' HELEN FAGIN SECRETARY TO CITY COUNCIL PUBLIC HEARING MEETING DECEMBER 8, 1975 I � . ' I� ' FRIDLEY CITY COUNCIL - PUBLIC f�EARIf�JG M�ETrvG - DECEMBER 8, 1975 - 7:30 PM PLEDGE OF ALLEGIANCE: ROLL CqLL: ADOPTION OF AGENDA: PUBLIC HEARI�G: ' PUBLIC NEARING ON AN ORDIN�NCE ESTABLISHING CHAPTER 6 0� THE CITY CODE REGARDING COMMISSIOtiS �INCLUDES UNDERLINED PLANNING C�MMISSION RECOMMENDATION ON PROJECT COMMITTEES AND VARIANCE ' PROGEDURE) � e � � , � � � � � � � � � � � � � � . � � � � , . � � 1 — 1 G �LD BUS I f�ESS : �' COiVSIDERATION OF REQUEST FOR SUPPOFtT OF CONCERT BAND AT NATIQN'S.BICENTENNI�'.L CELEBRATION� REQUEST BY IND� SCHOOL �ISTRICT �13� r . � � . � � � � � � � � � . � � � � � � � � � � . Z , � . , � . . . . e PUBLIC HEARING MEETING, �ECEMBER 8, 1975 NEW BUSINESS: PAGE 2 C�NSIDERATION OF PRQPOSED RULES AND REGULATIONS FROM MINNESOTA ENVIRONMENTAL QUAI�ITY �OUNCIL � . � � � � . � . � � 3 — 3 P CONSIDERATION (�F CONDI7IONAL ACCEPTAtJCE OF UNIGN CONTRACT WITN.LOCAL #52O �POLICE �FFICERS) rOR THE.�EARS 1976 ar�D � 1977„ �,,.a,e�,�,,,,,,,,,,,,,,,„ 4-4B ,� CONSIDERATION OF AMENDMENT TO F�RONTIER CLUB REZONIhG � AGREEf�iEfJi PERTAIf�ING T0 TIME �IMIT� , � � � � � , � � � � . ,. 5� — 5 C AD.�oca�� ; 0 � I. , il , �� , ' ' , � � � O�FICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFQRE THE CI7Y COUNCIL TQ WHOM TT MAY CONCERN: � Notic� is hereby given that �herE �vi1T be a Public Hearing of the City Council af the Ciiy of Fridiey in th� City Hall at 6431 Univ�rsity Averue I�ortheust on Mor,da�r, Dec�mber 8, 1975 �in the Council Chambe�� a� 7:30 PoMo fav� th� ct�nsid�r�ation o� ti�e foilowiny matter:. To recodiiy inta Gha��r 6 of the Fridley City Codes Chapter 201, P�anrE�ng Commissiary; Chapter - 701, Parks ar►a ReG��a�� Commission; C}��apter 1?_1� En��i�onmen�ai Q��1ity Comrr,is�ian; Char�ter 122y Hum�t� R�s�urc�s Cam�rrissions Chapier 216, . Communi ty �evel op�r��nt C��t�z�i ssi on s and Secti on 2Q5. iBp R�pe��s G�rn��is��or� an� V�riancese Included in th� recadii°ica�ia� i�ta Chapter� 6 ��vill be a chanc�e �ander, �rojE�t Comn�itf;ee . which v�� 1� state ti�at a p�°c�ject commi ��ee may be chaired by a�ember c�f the Commission ratrier- tharo sha? i be chai red by a member ' o� the Corr�i ssi ar� � I� wi 11 a1 s� i nGl ucie cf �ang�s to a11 ow the Rppeal s Commiss7or� ta grant f�nal approval on varianc�s for residentia'! prc�p�r�y (sing7e fam�ly dwelling areas ort1y) tivhen c�rtai r� candi t� ons are met as s�ated in Paragra�h 6.1�6 under° the new cod�ification, which reads ic� its entzre�y as fo�lowsx • 0 1 , / � . ► - . � ' . � ' ' . ; � . '. , ' ' � , . ' �. �. ' 1 . ' �-� . � \ ! .__._..........._.._. �. .� , � • �. � t' ORRIlVANC� N0. lA AN ORDINANCE ESTAQLISNING CHAPTER 6 OF THE FRIDLEY CITY CODE f?ERTAINING TO C[RTAIN COMMISSIONS FOR�THE CITY OF fRIDLEY, DIINNESOTA CONSISTING � . OF TNE FOLLOWIWG: PLANNIPJG COM1IMISSION, PARKS AND RECREATION COMMISSION, • ,' ENVIRONMFNTAL QUALI7Y COMMISSION, HUMAN RESOURCES COMMISSION, APPEALS • r COMMISSIOtd AND COMMUNITY DEVELOPh9EMT CQD9MISSIOPd; AND REPEAlING CHAPTERS N0. 101, 121, 201, 122, 21G, AND SECTION 205.18. The City of Fridley does ordain as.follows: , ' . SECTION 6.01 PLANNIi�G COMMISSIOP� � ' ' . 6.011 I Title � . There is hereby created a Plannirig Comnission.for the City of Fridley, ?ITLE � • Minnesota. • , . ' . b.012� Purpose . � � • The I'lanning Corunission is established to promote the systematic PURPOSF and continuing application of organized knawledoe and foresight in . the pursuit of clearly definea and properly relal:ed goals and ob- . jectives in order to create an.increasingly better, more healthful, , � . convenient, efficient and attraetive �nvironment. 6.013 j Scope ' � . ' " . . � . : ' 7he Planning Commission shall serve in �n advisory capacity to the SC4PE � . CiLy Council. Problems sha11 be refer�~ed to tt�e P3anning Commission � . � by the Ciiy Gouncil, City Rdriii�istrai:ior� or Chairmen of the member c��ranis�ions, and may be zssiyned to tha member commissions for . •_- �, deiailed study and recommendatio��s as recuired. •P.11 reconmiendations 6y the Alannir�g Contntission s}ral7 be m��E to tF�c City C�uncil. � The Rlanning Cornmission is charged v;�itf�i responsibility fi'ur cc,ntinu- ous communit:y plarning and developTen� af coroprehensive goals and -� • , policies, includirlg but not lir�ited i:a, land use, housing, environ- _. ment,p,arks and recreation, p�blic tervices, human rzsources, and . , other• related com�nunity activ7t�ies: : .. - The P1ann9ng Co;nmission shall aclvise the c,ty cau;,c;� in the develop- . • ment,of progrums t� give inci°eased ei`fectiver�ESS und djrect�ion in ' implementing establishe� City goalsT policies and framework and • . recommend actions needed to carry out pta.�;z�ing respor�sibility, � �(�4 �hiembership of Planninq Commission � ` _ The Planning Commission shali consist af the Planning Gommission MEh18ERSHIP • Chair7nan, the Chairman of the Commu;�ity Deve7�pn,eni Commission, •� the Chairman of the Farks and Recreation Commissiori, i;he Chairman •. of the Appeals Commission, the Chainnan of tfie Environmental Quality • , Commission and the Chairman of the Ffuman Resources Commission,: . ' The Chairman of the Planning Commission shall be appointed by the . . City Council to serve for a three year term as a voting member of ' , the Commission. ; 7he Planning Cornmission members serve as Chairmen of the member � •� commissions and are appointed according to provi;ions outlined in the ''' ' Ordinance estabiishing each of tfie rnen�ber commissions. . . ' The Planning Commission shall eaci� year, from their own numbers, chose . a Yice-Chairman. At any meeting of the Planning Cornmission, if the , regular Chairman is unable to attend. the Vice-Chairman sha11 act • ' - .� in his place. ' . ' . r � �, i I� . • . . • • ' • , ' . • . . � • . �-�' • . • , � —` - � � �/ ,' I1 � �o 1 � �' � ' � � ' ' I , Q r . �` � • . . � I . ; < . ' 0�•dinance t1o. Page_2 SEC7ION 6.02 COhiMISSIONS"CREATEO There is hereby created the following additional Commissions for the City of.;Fridley. These Comroissions shall be known as: Parks and Recreation Commission Environmental Qualii:y Commission � Numan Resources Commission � � Appeals Commfssion Community Development Commission • SECTION 6.03 MEtdQERSHIP OF COP-1�dISSIONS ' Each Commission shall consist af five Fri�ley residents, appointed by City Council. The Commission Chairmen shall be elected by the Commission member- ship and shall also serve as a member of the Planning Commission. The Commission members shall be appointed by the City Council for . three year terms, except the City Council shall stagger tF�e appoini- '. ments so that the terms of no more than two members shall expire in any one year. Attempt shall be made to have all City wards represented on tne Commissions. Upon the expiraiion of their � terms of office, r�embers shal? continue to serve until their successor shall have been appointed. 7he Commissions shall each year, from their own numbers, choose • a Chairman and V9ce Chairman. Rt any meeting of t!'�e Commissions, ' . if the regular Chairman �is unable to attend, the Vice Chairman shall act in his place. , �. SECTION 6.04 VAC�NCY � Commission members may resign or be removed from office by a, majority vote of the City Council. The Comrr�ission member appointed to fill any vacancy shall serve for the remainder of the vacated term. � '` 4 � \ � . 1B CO��MI SS i ON 7ITLES : `�>�� ,�. MEt48ERSHI P VAGANCY SECTION 6.05 ORGANIZATION OF THE COMMISSIQNS A. Following the appointment of inembership, each of the Commissions shall meet, organize and elect any officers, as it deems desirabie. DRGANIZATION , �., Adopt rules for its meetings and the transaction of its business, . in order to fulfiii the respansibilities of the Commission. C:.: the Chairman shall assure the fulfillmznt of th2 foilowing responsibiiities: � . .� q.., Call and preside over me2tings of the Commission. . .. • 2. Appear or appoint a representative �o appear, if deemed � .� riecessary before the City Council or any City Commission per- taining to matters t�iithin the scope of the Commission. - ' 3,: provide•)iaison ��rith other governmental and citizens' � ' groups }�eriainin�� to matters �aithin the scope of the Commission for the purposc ot time7y.and reievant information for consideration ' ' .by the Commission. . '_ -�' SECTION 6..06 ADMINISTRATIV[ STAFF ' The CiCy Manager shall assign one member of the Administrative Staff ADfdINTSTWITIV. to serve as secretary to each Commiss�on. The secretary shall STAFF . perform only such clerical duties an bchalf of a Commission as may be assiyned by the Chairman and �aith the conseni of the City Manager. Aclditional a'dvisory staff shall be assigned to the Commissions by the City I•lanager within the restraints of the adopted general fund budget. Administr��tive Staff sh�ll be limited to Comnission level unless specifically approved by the City Councii. � , . � � ' ' , � �. /' � 1 .. � ,\ � r � ; ; � , ;'. ! i � i . � ' • ~_ . t � � \ r�' Ordinance No. . ' Page 3 SECTION 6.07 PROJECT COMMIT?EES • • The Commissions may establ�ish special project committees to further the objectives of the Commissions and provide for greater citizen ', participation. Such project con�nittees shall be appointed by a i. Commission for special projects and shall cease to exist t��hen their activities are completed. The qualifications for membership, compo- sition and duties of such project committees shall be at the dis- : cretion of the Commi�sion. 7he project committee ma.y be chaired by a member of the Commission. . (shall) . SEC7IOY 6.08 COMPENSATION � The members of the Commissions shall serve ►vithout pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted genreal fund budget. SECTION 6.�4 REPORTS � ?he Commissions shall make such reports as requested by the City Council or Planning CommissiQn. .. . - . . . . SECTIO(� 6.10 h1EETINGS Meetings shall be called by the Chairmen and sha.11 be held as � necessary to fulfill the responsibilities of tt,e Commissions. 1111 meetings of the Commissions shall be open to the public. Minutes shall be kept of ail meetings. Findings and recommendati.ons shall be transmitted by the Com;n�ssion Chairmen to'the Planning • Commission and fror,i the Planning Cottun�ission to the City Council. SECTION 6.11 PARKS AND RECREATION COMMISSION 5.111 Purpose • The Parks and Recreation Commission is established to promote the systematic comprehensive development of park�facilities and recre= ational act9vities necessary for the physical, mental, emotional, moral health and tvell oeing of the residents of the City of Fridley. 1C PROJEC7 C0�^MI TTEES 1 ( COMPENSATION REPORTS MEETINGS PURPOSE 6.112 Scope ' � - - 7he �arks and Recreation Commission sha11 act as an advisory SCOPE •� • commiss�on to the Piam m �g �omm�ssion for con��nuous commun� y •f �pianning and deveiopneni or comprei�ensive yoals and policies. nny � � change in related communiiy planniny and comprenensive Ci�ty yoals and policies musz oe revie��ed by.the Plann�ng Commission who wil] then make recommendatians to the City Council. � � . The Parks and Recreation Cornmission snall advise tne City Council, ar"ter a policy review uy the Planning Comnrission, in tlie deveiop��ent � of programs to giv� increased effectiveness and direction iR imple- menting establist�ed City goa7s, poTicies and frai�ieti•iork, and recomr�iend actions as needed to provide park and recreational opportunities. c ." 6.1i3 Proqram The Commission shall each yea.r, prior to June 1, prepare a capital PROGRAtd ; .' lmpruvements program for parks improvenent and acquisition and for . public recreation activities for the ensuing year. . I 6:114 Funds ' ' ,� .. . For the p�rpose of financing the parks•and recreation program authorized by this chapter, th� accounting sha]1 be the responsi- bility of Lhe treasurer of the City. 7he Commission shall be autho- .. rized to establish cf;arges or fces for �the restricted use of any facilit.y or to make any phase of the recreation proyram wholly or partiati.y self-sustaining. Any em��loyees who handle cash in the procrss of collection shal] be bonded. � � FUNDS ' \ � , � • , � I ' � , � � � 0 I._.'.... ,.. _ _ ..:.....•- ._. . � „ . . • . Ordinance No. ' ��. � � • ' �- �. I � � , . � � � �I "� � ._..._.., �..n;:�y3 3 PagE 4 r 1D S[CTION G.12 L•NVIRO�'V,yENTA1 QUALITY.CDt�IMISSIDN 6.121 Purpose • • ' 7he Commission is established to stimu7ate 7nterest in, and t� pramote an atiaareness of, environmenta� cancerns ar�ong citizens of tf�e City of fridley; to serve as resUUrce a�ency 'to the City on ' matters regarding the envir�nment, �nc]liding informa±ion on environ- mental problems, ]a��s, policies and regu]ations of the county, metropolitan, state and federal 7evels t� tlie extent of �heir effect on Fridley; and to advise the City Counci), the City t•1.3»ager and other appropriate City �ommissions nn matters pertaining to the •maintenance or imp�ovment of the environment, including the review and recommendation of programs and pol�t�es within the City. 6.122 Scope 7he �nvironmental Quality Commission shall act as an advisory Com- mission to the P]anning Commission -FUr continuous community planning and dev2lopment of ttie com�rehensive City goa'Is and policies. Any change in related co�;�munity p7anning �nd compre'r�ensive City goals and policies must be ret�iewed by the P7anriing Co.�nmission who will then make recom�endations to the C�ty Council. The Environmentai Quaiity C•��i1lSS1011 shall advise the City Counci7, after a policy review by tne P]anning �Dmmission, in tne develop- ment of programs to give increased effectiveness and direction in implementing established City goals, poi�cies and framc►rork and recommend actions as needed relevani: to the environment. SECTION 6,13 NUMAN RESOURCES CCMvISSIDN 6.131 Purpose � The purpose of tfle Commission is to �rDmote intensified communi- cation and protection of just and equitable rights among a71 resi- dents of the co�unity; to pro7+ote•t�armoniDUS :elationships among • people of all races, religions, etf�nic groups,�social/economic � Status, ages, gender, physical, menta7 and emotional disabilities • dnd diberse life sty?es;.to.pror,�ote understandi�g arid �qua7 oppor- tunity in employmer�.t, housing, p�b7ic accommodations, and public, cultural and educational services; and full participation in the , af%'airs of the Cit�� b, Fridley. , �. 6.132 Scope . The Numan R�sources Corr•.rnission sha77 act as an advisor� Commission to the Planning Commission for continu�us comnunity planning and development of comprehensive City goals and �olicies. Any change in related community planning and cDmprefi?nsive Cit;� goals and policies must be revi��•�ed by the �'7annin� Comm�ssion 1•�ho }aill then 'make recommendations tDthe C9ty Counc�7. - 'fhe Numan Resources Commission sLall advise the Cit;� Council, . diter a.policy revietia by the P7anning ��mmissifln, in the develop- ment of programs to giva incr�ased effectiveness and direction in implementing estab7ished City goals and �o7icies and recommend actions as n°eded to provide equa7 op��riunity in Lhe community. . SEC7IOPd 6.I�1 APPEALS COtdt�tISSIOPd � 6.141 Title � The Council hereby creates an Appea7s Commission to serve as the . Board of Appeals and Adjustr�Qnts and to e�ercise all authority • � and perform all functions of said Boar�1 �ursuant to P4innesota � Statutes �lb2.351 to 4GZ 3G4. � � • � PURPOSE SCOPE PURPOSE SCOPE � TITLE ; �i � .� I' ' �' � 1 . ' ' � ' � I . � �,, ; ► � , � � \ .• , . • . OY•dinance No. � • • Page 5 fr.lh2 Purpose 7he Appeals Commission is.established to provide a process by �•rhich •. the public may appeal the literal provisions of the xoning ordinance, '. sign ordiannce and building code; for reasons of exceptional circum- stances when strict enforcement arould cause undue hardship and strict conformity of the standards ��ould be unreasonable and impractical or • not feasible under the circumstances. 6.143 Scope .� ..sd ; �� , PIIRPOSE � j 1 . .. • I . A. The Appeals Commission shall act as an advisory Commission SCOP� " to the Planning Commission for con*inuous community planning ' - and development of the comprehensive City goals and policies. Any change in related co,�unity planning and comprehensive City . goals and policies must be revieared by the Planning Commission who will then make recommendations to the City Council. B. The Commission sha]1 have fhe power and duty of hearing and recommending to the City Council, after a policy review by the � Alanning Commission, as herein provided, appeals or requests in � the follotiaing cases: . 1. Appeals where ii: is alleged that there is an error in any order, requirement, decision, or determination made by an administrative off�icer in the enfnrcement of Lhe zoning • ordinance, sign ardinance or of the State Building Code. 2. Requests fur variances frem the lii:e.ral provisions•of . fihe zoning ordinance, sign ordinance or of the State Quilding Code in insta��ces.where strict enforcement ��rou9d cause undue ' � hardsh5p because of circumstances unique to the individuai property under consideraiiun. , ' . C. In recommending or approving a variance, subject to the conditions of Seciion 6.246 the Coniroission and the Counci) may �mpose conditions o ensure compliance and to protect adjacent properties. 6.144 Petition by Otivner • A. Appeals From Decision of Zoning Administrator At any time �vithin thirty days, any property owner who deems PETITION himself aggrieved by an alleged error in any order, requirement, BY OWt�ER decision or determination made by an administrative officer in the enforcement of this chaptert-rhich affects his property, may appeal to the Commission by filing a��rritten appeal with the City P1anager. 7he appeal shall fully state the order appealed from the facts of , the matter, and also the maiiing address of the owner. B. Request for Variances The Commission may recommend variances from the strict appli- VARIANCES cation of i:he provision of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardsfiips prevVnting the strict application of the regulations of this chapter. An appli- cation for a variance sl�all be filed with the zoning administrator and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. 0 � � i � I �� ► I' ' I � , _ � . � Ordinance No. Pa9e � 1 F 6.145 Recommendation bv Anpeals Commission ' � 4tithin t)�irty days (30) after filing an appeal from an adminis- REC4MMEN- ` ' trative order or determination, or re uest for variance, the Commission DA7ION BY shail set a date for hearirig thereon and shall hear such persons as APPEALS • Want to be heard, either in persan or by agent or attorney. Notice of COMMISSION � such hearing shall be mailed not less than ten (10) days before the date � of hearing to the person or persons s�rho file the appeal, and to all � adjacent property owners within a 200 foot distance of the requested variance location. Within a reasonable time, after the hear�ng, the Appeals Cominission'shall make its recommendations or approvals � sub'e� cti•tio conditions of Section 6.146, and forYrard a copy of such reconunendation or approva] to the City Council thra gh the Planning Corvni ss i on . , _ , . 0 . . I � _ \ . \ . . II , � � � �. , ,. . ' � . 6.146 Variances in R-1 Zoning In residential (R-1 7_onin� areas the Appeals Commission R-1 ZONING iias the authority to approve variances when all the followiny POLICY conditions are met: A. Where there is unanimous aqreement of the Appeals Commission. B. Where the staff concurs vrith the recommendation of the Appeals Commission. . C. Where the general public attending the meetinq or responding to the notice of public hearing, have no ob�ections: D Where the petitioneris in aqreement �aith the reco�nendation. When the above conditions are not met> the variance request must be cha,nneled thro�h the normal variance procedure for final approval by the Citv Council, with a policy review by the Planning Commission. 0 6.147 Record of Action Taken The Appe�]s Con;mission�shall provide for a record of its pro- RECORD OF ceedings which shall include the minutes of its meeting, its findings ACTION and the recommer�dation or a rovai on each matter heard by it, subject TAKEN to the conditions of Section 6.146.. : 148 :Action of the Coimcil 0 The Council s(�a1i at its next regular mr.eting after t�ecei��ing the recon�rendat�on of the 1lppeals Con�mission t•lith a policy revieti� by the ��i+tl%lli(,] COIin�11SS7Cli� decide 02: the .actic•�. fio bL' td�C211. . 6:149 ' l.apse of Variance l:,5� i�on-use .• �� .��__ � � t�lhenever within ane {1) year after granting a variance, Lhe re- cipient of fi.lie variance shal l not f�ave com{7letcd the t�rork as p�r- mitieJ b,y the variancr_;.i.ilee� :uch variance shall become null and yoid i�nless a p��tition for exte.nsion of tin;e in which to com(?lcte the tr�r�; t�as been grintcci hy �he Ca.u;�ission. Sucn exfi.ension shall be rcquested ;n�tariting and filed t•tith tl�e City I�tanager at �ieast ieaQr.#.,y (2p} days before tl�e exp9raiion of the original varianee. ?7�c re�ucst €or er,Cension sh�ll staCe facts shoti�,ing a good faith ati:empt to co:nplel:e Che work per•rnitted in the variance. Suclti petition ;siiall he presenteci to tl�c F;npcals Cominission for hearin�� .nd decision . in the $arne mani�e�, as ihe o►�iginal request fol^ variat�ce.. • ACTIO?i 0� Ti:� COUi�C1L •i � LA,PSE ' OF VI�f:11-,(;f.E •��' F;O�l'-UaE � .` . . � � •1 � � � ,, . 1G Ordinance No. . Page 7 S[C7IOP� G:15 CU�-d4U1�TTY 0£VELOFi�tEt�i CO'•SMISSIO�! . • � � � 6.751 Purpose , . • : �7he Community Development Cornmission is established Lo pron�ote PURPOSE and maintain tiic�h quality comrnunity ;tandards to ensure a well ba1- . • anGed and �rderly developnenC, rehabilitation and red�velopment of the CiLy of f�rirJley; including, but not limited to economic develop- ment, inciustrial and com^�erciai developr,ient, housing, transportation • servicr_s, public utilit;ies, co�rwr.unity development projccts, and other related c!e��e]opment activities. . �"' � G.152 Scn�e . • . . . • .71�e Co�r,�unit:y D�velopment Co�,:iission shall act as an advisory Com- . SC�PE mission t.o th� Fl�nning CuTr;iission for continuous coa�mutlity pldnrlirig • arid d�.ve'Icp;nent'of the cor�pre��°nsive C�ty yoals �tlld p0�7C1�S. � Any change in r�lated co�rnunii, planning and co�rlprehensive City � goals and policies must l�e reviewed by the Pla�ining Commission ti•�ho . ' ti�lill then mu1.e recomnendations to the Cii;y Council. - � - . 'fhe Communii:y Develapr�nt Commission shaii advise the City Couneil, ' a�ter a po7icy rev�e�� by. t:l�e �'ianhir+g Con,•,ission, in tne develop�,ent� �- '- '� of pr�gr4ms to give increased efTectiveness und direction in impl�- . . . menting esiablished City gc�:,ls, policies a:�d frame�•ro'rk, and recomm�nd actions as needed relevan'c tcine of�ysicai development of the C�ic��. � . . - . - -,- -- . SECTION 6:16 Repeal . � .. � • •� - - � The foll��ring Chapters.and Section of the Fridley City.Code are �REPEAL .- hereby repeale�+: . � . � '. . . . Chapter 2�1 (Plannir�g Comnzission) � � Chapter 1Q1 (Parks ai,d Recreation Commission) Chapter 121 (Environmental Qual:ity Commission) • •. • Chapter 722 (Fluman Resources,Commission) . � . Chapter 216 (Co:rimunity Development Commission) . Section 205.18 (Eioard of Appeals and Variances) � . Anyone desiring to be heard tiaith reference to the above �r�atter. •. • : _: . will be heard at this meeting. ----• t+lAYOR - 4JILLIAM J. tyEE Publish: tJovemi�er 2G, 1975 � 1 , � , � ' � � � ' r � ' �J �o[um�ia ��ei�ijt� ��biir. �c�j�oig INDEPENDElJT .S��HOOL DISTRIC•T NO. 13 DR. ALAN OSTERPIDOR�, Sugeriniondent 1400 49TIi AVENUE N. E. COLUMB�A IiE�GHTS, MINI�. 55421 An Equ�l Cpportunity Empfoyer 612-571-9601 November 1q, 19?5 NLr. Wi1lia,m Nee, P�a.yor Ci ty o.f Fri c?1 ey 6I�3'1 IIra.versity Ave. I�T� Firdley, T�Zinnesota 55?��_�1 Dear Niayor J>?ee: As part of our nation's Bicenten.ni:�1 ce].ebra,tion, �he Columbia Heights High School C�ncer_t ?3ar�d h�,� beer� invited by t11e Pdatiox�al Bicentennial. Commi.t-t�e �� la.y sevex�_t concert,s in Ll�,shi.ngt�n, D. C. next spriri�. One �f t�ao sit-do�m corcerts �•ri� 1 be �n �the lip .of the �v'Yiite House lawn. The bar.d wi.11 a.lso play a stand-up cancer� on the Capitol s'cegs. This oh�.peraned -�rip will be a tremer�dnus musical e�perience as we11 as a t�alu�,b�.e educational oppartaizity th�,t will be long remembered. This trip can also be considered a cu�.�.inat.��n of P1r. a�Ji?ke's thirty-year career as oux band director. 1+lhile the la�.nd is pl�,yang on the Z�lhi.•te House �awn aa�d other places, a pxogram �,�a.11 be passec',. out exg?laining pertinent facts ubc�ut our area Grxd our sclzool distric�:. Spcnso.rs o£ the �rip wi.11 be �isted in the pxo�;�ram, The �olu�b��, Heights }3�a�^d of Ednc��ticri, in a�.ditia�i to giving its approval, also al.? owe�. �he con�;ert ba�l�. r�e�:�iers ta cor_duc-t a major fund-raising ac- tivity �.w weil as acce�t donatinnw �ro� -t;?�be c��nu��.ity. The boa,r�. also p�edged �2,50Q in suppa?^-t o:i �he t�ip. Tk��e tat�.l cast of the trip is �yi2.,2l�0. We a,re can.fa.dent t�.�,� �h.e City o� Fric3�.ey 4raul.d �,lso like to share in this hon�� since mar�y af oar s��zden+� l�i-ve �:*ithin you.i . city. Repxesenta+ives of ��c i�.irAC�-raising coJnma_t�e� wou�.d like tc a��ear at yQUr next regu7.arly saheduled Coux�zcil m.:etiri� to c�..i �c�uss -�he trip �,Tith you �.nd the role the �ity mi�ht piay. ' 1�Jhen you ar_e contacted b;� a, mEmbE� �� our car�ttee we sincerely solicit youx support so th�.fi our nand e�:n take adva.n-l;age of �his tremendcus musical _ arid historic opportunity. , �• � If you hdve �y questions, pl�as� ca11. s�lr. De-w�y �3reiscii, Seni.or Iiigh Sohool principa"l, at 571-9601, oz� 1'rir. Fuc�axc? Braun} concer� trip chairman, at 332�0l�2� (�ffice) or 57'l-0979 (home). Tha.�k you f�r your help. S�ricere7.y, /! ` ; "`tiLC �G,�/ � ' ,�cc�______ Richard P. Braun (;oncer� Ban.d '�ip Chai�.�nan �t..�'��f'm 2 , ' ', � � 6 � , '. � � � ' '. 1 = a MINNESOI"A L-NVTI?OiVI�1FNZ/�l_ QUALITY COUNCII_ PRUPOSED E�dVlRO�fi1�NT�L ItfPP,CI- S7ATEP4Ef�T RULCS ` . CIi�PTER ELEVEN t1UTHORITY, PURPOSE, UEFINITIONS, GCPQERAL f�ROVISIOi�S M�QC 21 AUTHOR:TY. The Rules con�.ained h��rein are prescr7b°C{ Jj� the h1innnsota Fnvi ronmenta1 Qual i cy Cou��ci 1, pursuant to aut;f�cri �y grznted in �4innesata Statiites, Section 116D.G�, Subdivision 2., a��d sliall be follovred by a11 pubiic agencies and p��ivate persons in imp7cr;�ntU�ior of the Er�viron�n�ntai 1'o��icy lact ef 1973 concern�ir��.the Environm�r:Lal Impact Statement pi°ocess. . t�FOC 22 FU�:POSE \ � �� (a) 7he pur��ose of ±hcse P,ul�s is to pr�vicie public agencies and ��°ivate �ersons ��iii� pro;;ecures, guidelir�es and crii:eria to be us^a in f:f�e 7Ai��IFri.".i::li:dt10i1 ^f tlie ��Ii!?:1�'54�;�. E�!'tVi YOC!�l�tl�:?� ��c;):1CZ �tai:e�r.^!:t pronrar.i. (b) A!� FTS is an inf��rmntion rlocun��tnt v,�hic!�� enables pul�l�ic ac�enci:�s and �rivate persons to evaluate p�'opas�d actien� fc d�terriinc� wi�ett�cr �hcJ :�i11 i;ave significant ef�iects o� c7e e�7virar.m:�t�i;, to cons;�ier• alterra�:ves �.o t:i;e prcr�osed act;ion;, Ur,E1 te insi;ti��.� m°i.hods ai= reaucin, au'VC�'s8 envirai�i-:;e�:tai erfer.�s. !�n F1S is nct ��,n ir.si:,•unrntto j«stify an acti�n, n�r sha7i �ir�i:at�ons of adverse envi ronr�n �al ef�°eci;s necessari ly r•equi re th�i.t ar� aciic,n Le d�i sa.ppre��ed. �t is to he ucilizeci as a guicie in issuinc permits ar�d ca�rying out i;he respons�- biliiies of requla�ary auihor�;ties. (c} Thz proce�ures specifi�d in these Ri�les are i;, uddii:ion to the �ther � �t'OCG'CiUY't?$ uYl�] �i1JStuYl�:l:'t' !'C'cpon�ibiliLic-.s ef pu�lic dC�:_'Y't�1�S �Il(t �)i'1!'d�.F.' person� conia�ine� in 4iie /1ct, ui�d c!� +?ot i7�il'ii LI1� dlithorii:y ofi the Co�n�cil to t'C',l'lEt*!' StL1�� s U)" 1"ESO� V�' cll,y. lildtter Of �ilV i 1'G�ifl��'_pt3� CQCICeY':1 aS �1"OV1C+2C� ll"1 �� Mir,nesota Stat�.�ies, Secticns lluC.U4 and i16U.04, Subd. 9. ' �� . , i . � , � . � \ , � � � � f�fEQC 23 DEFii�1I7I0t�S. 'fhe fcl�loG,�ing tei�n;s as used in 1;hese Regulaticr:s s+�all i�a��e the mean�ir�r; ascribeci i;o chem in this sec;tiono (a) "Aci"' rr�ans the P1i��nesata E��ii°enmenta'i Pol �cy Rct of ]973, as �.mendeci, hfinnesota Statutes, S�ct�ion 11Gi:.0] e�: seq. (h) "l�ct�;on" means i:he wi�o1� of a project �vhich vaill �°esult in physical man-i��ulu��Oil 0{� �;hP. environr�,etlt:, directiy OY' lll�lt'�Ct�,)'. ��I�Ct'i0t1" Y'C1'2t"S tQ tf2t' ..p(�ys�i�Zi acf:ivi±:y io be und��°taken a�id ��ot f:o tl�e goVFl"Illr2llj;3� proces� of a.�,proving the ac�iivii:y. °Rc1:�ion" does i�ot include th� fol ioNj�ing: (1} Pro��osals and enactments uf thc State Legisiature. (2) The r�!les, arde�°s, ot� a°ecomn-�endations of �tate aJe��cies. (3) �xeci�t?ve Orders of the Gover�t»r, or 1:heir implen?°n�ai:io� by public aqencies. . . (4? Judicial Urders. (5) Subm�issions of proF�osals to a vote of tl�e �copie of the state. tc) "l�pproval" means tf�e issuance cf .� governmental perniit, or any review of a praposed acti�n rec�uired hy s�ate or �ederal law. . (d) "Counril" nieans tiie h1inr.esota cnvirortmeni:al Quality Council. � \ `, � � ' � ' ' . ' � °, (e) "Days". In car.?puting ar�y period ef time prescribed or allowed in thes^_ 'tuies, the d�iy of tt,e act or the e��ent frain vahic:h t.fie designated period o; ti�i�� begins �o run shall not be included. 7he la,t day of the pnriod so ' com��ut;ed shall t�e included, unless it is a Saturday, a Sunday, or a legai �� holiciay, in tivhich ever!t tf�e period runs until the end of ti�e ner.t day which is riot a Saturday, a Suntlay, or a legal holiday. �Ihen tfie period of time prescribed or allo��+�ed is less thar� 15 days, irierm�diate Sa�urday`s, Sunduys, and legal h�lida}�s shali be excluded in tt,e computation. ' _ ..__- , , '�. � ' � � � � ` � . � (f) °Environmental Impacl: Statcment", (EIS) means a written anal,ysis of a proposed act�on as specified in (•tir�r�esota Statutes �116D.0�4 Su�d. 1. (g) "EIS Prepu►°ation P�otice" n�eans a wrii:ten sf:atemant tn�t a m�jor action has the potential for significant environmenta] effects, a.nd that an EIS shall Ge prepared. (i�) "Enviro;�r,��nt" means th� physical conditions which exist in the area which ��aill b� affected by Lf�e �roposed action, �i�cluding 1and, air, t�ater, minerals, floi°a, fauna, air�`�ieni noise, and man-;r�ad� objects o�� nat�trai features of historic, geoTog�c �r aesi:het�ic si?nificanc�. 3A (i) "Env9ronn�^ntal Assessment ldorksheet" (EA41) means a i'orm �rovid�d by the Co�ncil for the initia.l evaluation c,f public and pr-ivate actions to ciciermine whether an EIS is ►�equired. �j� '�EI1V11"OIIiTY�ntal �OCU!?l^YItS�� m2ans Enviro��m�nial Assess�er,t tv'or�csh��tS� EISs, t��gative D2C7dY'a�;'IOtI f�otices, and EIS Preparal;icn hotices. :� '(k) "Governm�n�:al Action" m�aris an action proposed" to b� underi.aken hy a p«blic agency. , �� rGeverr,;�,l°Il�.:d� �fY'!.r,jt" n��ns d �°c7�2, f;2i"!i7?t, �1CC';152, certificatF�, vari«ncey or other eni.itle;nen�� of u�e, or ihe com!nii:nx:n� �:o issue or t�2 issG�ance of a discrtt�onaw� cor�tract,.yran�, subsidy, loan, or other forin of financial assisi.ancc, by a puhlic agency to another public agency o�° to a private person. �� `(m; "Inaciequate [TS" n��xns ar, EIS t.hat faiis ta suf��ci�ntl�� examine. pote��tial � enviroi�n'�er�tal effiects, alternatives, er desirable modifccatio��s, or an EIS not ,� preparnci in com�liance with the Act and tt�ese I�ll�P.S. - (n) "Lacal A�ency" means any general or special purpose unit of gov�rnr�en� of �th� st;ate, with less than state-�,�ic;e jui°isdi�ct'icri, including but not iimiied i:o re�ioi�al cie��elc,pii�nt com.nissi?ns, ccunties, municipalities, i;o�anships, part aui:iiot,ii:�es, housinr aut.ho°rities, and a11 agencics, rem;nittees, an� bflards thereof. . (o) "Tdc:ya�:ive Declaa-ation Notice" in�ans 4 written s;:atem�nt by the R�sponsible � Pei^soli or Agency th«t a pr�posed aci:ion n^ed nct be precedeti by an EIS. � (p) "Other Approving 1lgenci�s" mea�s a11 pubiic agenc�es other ti�an the Responsible Ac;ency ti�at r.�ust app4,ove a projeet fc�r �ti�hich environmental doc:uments :arc: pre,�arLd. � (q} "Person" n�eans a hu;�an t�einr„ unincorporated association, partnership, i:rust, corporai;icn, or �ublic agency. � (r) "Petition" �Y��ar�s a document th�zt con�ains at 7easL,5U0 signatures and ;e�uests the prcparaLian of a�� EIS. . (�} "private Action" means an action �ropos�ci to be undertaken by a private person. � -2- � � � .. � , � � � ' ' � c 1 __— � (t) "Proposer" n�e��s i;l�e private person or public agency that will itseif undert;ake an action; or tr�at ti�rill ciirect others Lo undertake the action. (u) "Public �1gency" m�ans a federal, state, regional or local agency, .. `board, comNnission, or other general or special purpose unit of government. "Public Agency" includes all pu�lic educational institutions but does not include the courts of this State. . � � a , � (v) "Responsible Agenry" m�an� tf?e �ublic agency �;hich has i:he principal respor�sibility for preparing i:hc environmental dacusnents required by the Act and these Rules. Except as provided hereinufter, when the preparer of the EAW recor�rr�nds an EIS and i:he prepar�r is a public agency, that public agency is the Responsible llqency for preparation of tne EIS. (zd} "Res�onsible Person" i7ean� the �erson �vho prcposes to ul�dertake an action tha� does not rec�uire a yovernmental �ermi.i and who is responsihle for the preparation of the cnvironmental doc;�ir�n�s requit�ed b;;� the Act antl these Rulcs. (x.) "Revie�ring Agencies" m�ans a17 public agencies which have eith2r ;,�ur'i sdi r,ti on hy 1 a�:a cr spec� al er,pel°ti �:��;i th re,a.rd to the en �� iOl�m°I`Ital effects of an action foi° ti;hich an EIS is prepareu. (,y) "EQC f�ionitor" n�eans the ea.rly rvticn bulletin con�aining all notices of i�ipending ac+;.ions t�;f�icr, may have siynif9cant environmental effects a� s��ecifieu in t;EQC 34. • MCQC 24 GEI�ERAL RESPONSI6ILITiES (a) Env�ircnmenta�uality Council. (1) 7he Council'S dutics ai;d responsibiiities include �IIE f0� I01'�lllj: (aa) The coord�ination of the EIS program, including pr�t�ulgation of R«les. � (hb) 'fhe review of petiiions to d?t�rmine whether environmental documents must be prepared. (cc) The �esigra��tion of the Resronsible Agency �:�k�er, there �s a dispute bet�ti�een public ayencies concerning wfiich public agency should p;epare 1;he env;ronmental docun�nts ror a pari:icular action. � (dd) Ti�e coordination among pubiic ac�encies of review of EISs nrepared pt�rsuant to the National [nviroi�nnntal Policy Ac't (hEPA}. The coo:°dination ►n�Y incl ude requests to the .��repurer or to a. publ i c ag�r�cy to unclertaKe addition�i environnienta? anal,ysi.s, to hold public informational m�etings, ar to coi�{luct any otner review cons-�st��ni t�tith the Act and these Rules. • (ee) 1-he.f°eview of Negative Dec�arations where, v�ithin 30 days of � publication of a Nenai:ive D:�claration Pdotice, a representative of 5G0 petitionc�°s (P1EQC 30) or an ayency tviti� jurisdiction over the �roposed action (t1EQC 26(u)(4) requests a revie�� of the determination made by the Responsil�le Agency. �� \ � , � jff) The requiring preparation of an EIS on a� major governmental action or ir.ajor pr•ivate aciion of more than local significance YJ1tI1 tll� potential for significant environmental effect, if a Negative Dec'laration Notice has not been published ar if the 30 day lirnitation period of ffEQC 2o(b)(4) has noi: lapsed. � (2) In ad�ition, the Council may, wl�ere it deems necessary: (aa) Require the revisior of an CfS that is found to be inadequate. . • . \ ,� (bh) t��'OI.t7Y'P. tfie pr�p�r�tioi� of ��li;err��tive �r addition�l E�nvironmental revie►� bei�re com��enrenx�nt nf any aci.�ior� ar approval of any actio�i by a � publi� �yrncy. � . �► � J , � , � � ' �� (cc) In accordance t•rith t�finn. Si:at. 11Gll.04 Subd. 9, review an,y state �c�i�n or state apr�roval of a p�'ivate action th��t ti�,ill ha��e sigrrificant enviroi�mental effects, r��gardless of �vh�tt�er an adequate EIS hus k;een prepared. This revic,•t may include n�odification or p�ohibition o�` the action, '. ` or th� ordering of adcitinizal anv��ronn�ental review. (dd) Pro•�ide tecimical assistance on request of a public ageiiCy. (ee) Review of any state and local pror_edural ��ules and guidelines establish�d to implenrent the Aci: and tl�ese Rules. (fi') {�old F�carings or informational r�eetings to �acilitate implem°ntatio� of this Act and these Rules, (b) Public A��encies. l. All puhlic agencies are responsible for campiying with the requirements of the Ac� and 1:hese f:uies. Public ay^�icies sha11 inf�orni the proposer and �he public af the proc�dures i:fiat ��iill be follosved i� the implementsi;iet� of the a,ct and these Ruies foi, eacrt Ef;W they pre�are. 1±�hei:r�2r a public ��er.cy �repares CIiV'!t"Otl��l'tl':d� ;iCC!tT°ntiS 1tSe�? p1" COtl1 �C1:S 4:ith pri��ate eXp�Y"�S '�OY' th� preparation, i:he puhlic ager�cy is solely responsible i�or the adPquacy.and objectivicy of the environmen'tal documents. � � 2. P,11 public ayencies shall retain the�ir existing statutory �.u�hority subject to the policies cf the Act and i,he author,ity of ihe Councii to .►•eveti,se or modify decisions or proj}osals, or to require preparatiun o¢ environ- --�- mental docu�,�ents. . ' ,4 ,t � �. .� � �� \ � ' � , 3. These Rules shall not affect i:he specific sta�ui:ory obl9gations of any public agency to perform the follotv;r.y: (aa) tc� comply rrith crit:e�,i3 or stan::ards of environmental quality regardless of whether an environmen�al im;�ar.t statemeni; is required for an �ction. '• . (bbj to coordinatc ot• consult 4V1tI7 any federal ar state agency. (cr) to act or refrain from aci;in� contir�g�nt upon the rec�mm�nda;.iens or certification of� any public agency or fedei°al agency. , 4. A p«blic agency, at the reques� of a Responsii,le Agency, shall provide any unprivileged dat.a that i� may have cor.cerniny a particular action an�i shali assist in tf7e preparaiion of em�ironmental docur,��nts on any aciion for wi�ich it has special expertise ur access io.information. .. �� 5. A: �esponsible Agency shall preE?are the e��viro��ent�l dccum°nts on an � actio�� dhich is thc.subject of a petition upon i.he direction o� the Coui�cil. 6. k'hen env�ironmental �ocuments are prepa�°ed on as� actie�� by a�tesponsibl� Actency, every oi:her 4�i�l�lic ngenc,y which has jurisdict�ion to approve i:he actior, shall ce��sidcr the environr.?^ntal docun;�nts pr�pa��ed on thut action Le�foi�e app��oving the action. 7. Public ��gencies shall rrevicle one free reproduc�il?le co�y oP environmenta] documents tQ eacfi L-QC distribution point. Tilese wi�l be avai]able for intcrnai agency disi:ributian and for public cop,ing �f facilities are availabie. (c} Private Persons. 4,"hen environr�cntal docunlents are requ�red on a private action tnat is subj ct to a governmental peruiit, the �roposer shall supply in the prescribed manner ar�y data or �information reasorrable request�d by the ftcsponsible Agency that that person has in his possession at'�to w,lic!� he has reasonable access. �� 3C � , . � . • o ,� C(fl1PtER 'fN:L'LVE Pi20CEl)URAL REQilTltf:l•tEtdTS ' M,CQC 25 APPLTCATIO�! OF ACT 1'0 IiCTIOt�S Res �ons�ible A�ency or ('erson The Responsible �y�ncy or. Res4�onsiUle Person sliall ��repare the en��iron- n�ntal docu��nt.s a�-i:er consultation �-rith ull othcr public agencies �ahich hav� 1:he jurisdiciior to appro��e the action or a part o�f t1�2 actian. I�:i�en a local u!�it of governm�nt is Lhe {lespons�ible Agency, it shall cons��i: �•;ith all conf:iquous loc��.i agenc�ies. This consultation shal} �be done at an early staye of the pi°eparat;ion of the environmental docur�nts. (a) Res onsiule An��ncy. For any action noL i�clud�d in h1EQC 2G(a)(3) or ��rl�ich falls irii;o more thari one categoi�y of (•t�QC ?6(a)(3) , all questions of arh�ich public agency is th2 Fespr z��i��le ,`�c��rcy s�«��1 iae de�ern�ir�ed as follo�•,s: � � 1, lJhen a single p«'.�lic ac;ency proposes tu carry out or has jurisdaction i:o appro��e an action, i:he public agency shall �be ihe Responsiblc lln,ency. 2, t�;hen t�tro or m�r� public agencies rropase to carry�vut or approve an • action, the Res��onsible A�2nc)� sf�t�ll lie the public a�et;cy ti-rith the yreatest .. resnonsib�ility for superivsinl or upproving the actioii as a t�thoie. 4!here �"'" � i:tti�o or more public agencies have an equal claim to b� Respor.sib1e Ryency, . th° publ�i� agencies si�all either: I` � � . ' � L..� � � ��1� � (aa} t3y agree��nt, designate which agency shall be the Respo�ZS�t,I� Agency; or . �.. . (bb) Submit the question.to i:l;e Council, which shall d2signate the Responsible llgency baseci.on,consideration of the abo��e principles. . � • 3, �"o assist lccal c�overnili�nt.a1 i�r�i�:s �n cleterminir�g E;d�ich f��Tic aycncy is i�he Respansible �g��ncy, pr�oposers of actions v;hici� are -included in ' ;�;�� (�)(;} should include ��ii:l� their perm�it f�ppiications, or oi;her local �,pprovals, a list of t!:e other state and loc«1 pernrits rec�uired on tl►�: ac�:i�i�. . . (U; Res��nsible Person. . .. �tdhen a p►�ivat:e person proposes to car>>y out a priv�te actian tl�ai; iloes not � • require aa�y govei,>>nrntUl p�rm�ii:s, �the pei,son .sfiall be �:he Responsible PerSOn. (c) Re�i, airem°nt of an LIS I�y i��e Responsihle A enr._. , (7) An ETS shail be i°equired by the Re�pons9ble /�gency oi�7y ��I�en ii: determines that for: . (aa) Privatc Actions: (i) .7(�e aci.ion is a m.�joi� private action; and '(ii) 71�e act�ion is o{ i��re tl��in loca] significance;, and (iii) The aci:ion h��s i;�ie poi;eni;ial for siynificani, enviroiun�ntal effeci:s. (bt,) Go��crnn��ntal Actio»s: . � . (i ;h�� ctian i� a major �ove��nme��tal activn; and (ii� 1hc acLion has the �oteni:ial for si�niiic<�znt envii°onmcntal ef�ects. � (?.} Cur��il��t_i��c� ltctions. Tn d;�termin�ng rrhethcr an (:IS is requii�ed on an actia�i, � th�. l;i�s��ioiisil>lc it�!��ncy cir l:��sp�nsi�le 1'ersun inay consid��r non-n��jGr i•e?ated actiuns � �nct t.l��i�° cu�m�l��t.iv� cnvirc��ir�i�ta] ci�fect5 ��s collcctit�cly consl:itutin� a ni�jor ti�t.ion. � . � ..� � . _ 3 F � � . . . . . �' . � ' � . . (3) Suhsequent EIS. 4lhere an EIS has been prepared un an action, no addit�onai' ' EIS need be prepar�cl on the actior- unless subsLantia'! changes in the action are proposed which will involve r1�►�� and potentially signific�i�t environmental cffects nUt con�idered in 1;he pre�ious EIS. 1 (�4) Sinc�le EIS., Where an action is to be carr•ied out or anproved by more than one public agzncy, only one EIS sha11 be prepa�°ec} pursuant.Lo the Act. (5) Expansions or htodifications. The expansion or modification of ari ongoing 1 action wnich requires new or modified ��overnmental�perm-its shali be subject to 1:ne r�equi rements in Lhe Act and these Rul es for ttTe arepa•ration cf emii ronn�enl:al documents in the sa�rze mann�r a� a new aci;9on. (d) Ar.tions for �rihich Envi ronmental Dac�.m;ents Are Not Rc��u ired. The prep-araiion of envi�ronir�ental docurnent, s;,ali not be required in the foilowiny instances: (1) 4lhen all' of the n�cessary governmental permits for the action have been lawfully issued; � (2) 41hen a substantiai po}°tion of the ar,�,ion �roposed by a pu5lic ag2ncy ha�s b�en corrpleted or imi�le�,:Anted and an fIS on the act,ion ��rould not be able to influence remaining impiem�ntation or construction of th° action to minimize advet,se env�ironn�ental ccnsequerces. (3) 4Jhen tnere has been adequate e�vironn,ental review of aciior,s within the jur�isdict�on of th2 Courcii pursuant to f�1inn..Stat. � 115G.01 efi se�c. (the Gritical Areas Rci of 1J?3), or ��linn. Stai:. � 1'16C.04 (2)(b}.� (4) t�ihen the public a�ency tleterm�nes that a governmenLa� permi�h requirad for the ac�ion t�till be denied. m (5} 4;hen ti�ese Regulat�ons re�uire the preparaticn of a siate cIS on an act�ion, and a federa� EIS is required for the sa:ra� ac�ion, pursuant to �!�e.re- c;u;rei�;er,�s of ihe NGtiona� ��nviron;rental Policy Act of 1969 (NFPA? ar2d the impl�m�nt;ny regulations tl�ereta, al; or �,ny part of the fede�ra? cIS may be submittec! in lieu of all or any ��ari: oi a state EIS. f{o�fr�ver, a�hen the fed2ral EI� is us?c!, th� �lemenis of ihe ETS tt�at are recuired by t'r�� ;1ct anc! these f:egulatians, bu� are ��oc re��uircd by NcPA, sha]l be added to tne feu�ral EIS.. hll�en t},ese Re_r,��lat�ons' �°equire the prepar�ation ofi a state ETS on a p��op�sec� federal actior� antl a f'ecleral �IS is not required, a Fe�eral. ag�ncy may �e rcqu;:sted to p7�epar�e a�tate EIS. , (6) 6�Ihen ��n imminer�t and s�ibstan�ial dange� tc the heal±h or ar��lfar�e cf the UEC��'iE GF tiiL' J�;�iG2 illdiCf'S �'i, i1CCC'SSd;"y' �0 Ui1C�i'.i'i;c:�C2 � iild,)Oi' uCt70t1 iild''l: tldS t;i1P. potential for s;�nificant envi�°onmental effects and aNpliCation of these Ruies v�roulcl l�e impracticable. In such cases, ti�e propos�r shall corisul c tivith t��e . cr«a; ��»�n of ti�e Co�:nc � 1 to arrunye az� ai i,er;aative m�ea��s of envi •ror�mental review be�`or•e ta�;ing t.he action. . _ r��qc 2� (a) f.:NUIROiv^1ENTAL bOCU;1E�9TS Env��°onn,entai Assessmceit t,Jorkshect El1�J�.� � � j /�UiiIOY'11: - � A Responsibi e Agency ard Re�ponsibl e Person ma� prepare ��i FR4d on �,i�y act1011 �•!}11CI1 �t has �r�ope,�s��d to under�ta.ke or t�as tihe j��r�isdiction to ��!�arov.e. Aft:er an EAtJ is prepared, tl�e preparer of the [Al�! �hall file with the Council �:�ither an fIS PreparaCion Notice•or Negative Ueclaration Notice based on tl�e concl us i on o f the EA6d. � (?.j Pre aration ofi an LAW. (au) Sy P�°�oser, ttil;ere the proposer of ar� �.r.t�ic�n is a private ��rson, tne proposer n�1y prepare an EAlJ and prepa�•e for �ublicati�n either an EIS _�_ . � � � r-;I l; W � 3F � ' Preparai:ion Notice or a Negai:ive Declaration Notice. The notice subn�it+:�,�1 � by the proposer sh:i11 not l�e puhl�ished uniil the Cou�cil has detcrmi��r-.d �;;at all public a�encies wi1:h jurisd�iction over i;he action have received a co�7�� of the EA�,�I, 4lhen the Council publishes ai� EIS Pr2r�aration Notice, submitted ' _ , by a proposer, it sh��ll include in the notice a designation of a Res;�onsible Ag�ncy for the p��e.paration of the EIS. �(bb) �Public liqency. 4!hen a public agency proposes to �mdertake an , � action, or has tr�e �urisdiction to appr�ive a private action, it may prepare an Ei141 and the oii�e►� necessar•y environ�ren�al documents on the action. � (cc) � Co:;ncil. The Council may require a Responsible Agency or ' , Respo«sible Pei°sun to prepare an EA�r', and the other_�nec�ssary environr,�?ntal - cfocuments on an action. � � , � � (3) Mandator� Caicc�ories for [l;lds. ' � l�n �Ald sl��all be prepar�d an any action not exempted by N�qC ?_5(dj wt�ich falls ►•aithin one of i:he follo�rring categories. It shall be prepared �y the indicated public agency uniess the Council for a particular action �pecifi::s anott!er a�ency, b�� the zction preroser �f it is a got�ernr�,ei�tal act7�-�, ot° b,}- the proposer of a private action pursuant to 1�4QC 26(a)(?_)(aa). (aa) Const�•uction of a new industrial park of over �?_0 ac�°es in size-- (Loca'f), (bb) Construction of a facility or in�egral group of facilities with �t least 500,000 square ieet of commercial or retail floor spac� or 350,000 square feet of -industrial floor space, unless lacated in an industrial rark for ��,�hich an EIS has already bee�� prepared--(Local); � (r.c) Rny intlustrial, commercial oi� resid�ntial development of 40 or � more acres; any pUrt oi which is �aiihin a floodplain area, as defined by tlie State��r�ide Sia�rda�°ds and Cr�iteria for Managen�nt of Floodpiain �'�reas of t�ii nnesata-- ( DidR) ; � , 1 ' ' '\ \ ' ' r (dd) Construction of a commercial or° ind��str°ial developme��t �-rithin ' a shor�land area (a� defined by ��1inne�ota Stai;utes, Section 105.4�5) � �cove�°ing 20,000 or more square feet of ground space, not. includir�g access roads o�� par!<ir,g areas, ar,d locai;ed c�n a parcel of land having 1,500 feet or more of shoreline f�°ontac�e--(Local); (ee) Cons+ruction of a.i`acility tf�at generates more than a maximum of 5;000 veh�cle t�°ips per hour or a m�aximum of 25,000 veh�icie t.rip; per eigfit-hour period--(Loc«�!}; (ff) Const.ruction of � ne�� ail refin�ry, or an expansian of an exisi�iny rr_f;nr.ry that s1��71 increase capaci�y by 10,000 barrels per day or° moi�e-- ( PCA) , • (c�g) Const�°uctior of a pirel;ne yreater than six i,nches in diameter and 5C� mile:� in lengtt�-�(DhR);. � . (hh) Construction of facilities on a single si'tP that are designated for, or capahle of, storing a total of one million or mnre gaiions of �liquid natural gas, liquid petro�eum yas, or other liquid;fuels--(PCA); (ii) Construciion of an underground storage facility for gases and liquids thai: requ�res a perm;t, pursuant ta.Piinnesota Siatutns Section £34. 57-- ( DNR) ; . . - (jj) Construction of a mireral or fuel processing or refining facilii:y, ii�cludinc�,�btrt not iimited to, smeTting and hydrometallurgicai � operations-�-(PCN or DP�R); . � ' ` " � -7- . � i (kk�) Construction nf :� fiac:i1 ity if ti�e cunu�lai�ive �i��issions of , part-iculaLe �»ati:cr and sulphur oxides excec�i 5� tons per day--(PCA}; � (ll) I�lain raadti��ay gradi.ng consi:ti°uction of a fiour°-or-more lane, ' � � divided l�i�ht-ray t�rit:h at leasi. partiai contral of access of ten roia�e miles or mar,e in lenyf:h and carr•y+n� 10,000 vLh�icles /1DT {Average Gai1y 7raff�ic)-�(Il�a;ys), . . . ' � (�u�m) Ccns�ruci.�ion of a neti�� a.i�°port that is t�ithi.n the key system; pursuant:.i:o P1�i�ineso�:a Statutes, Section 360.305, Subdiv�isi�n 3--- . (A4roriauti cs ) ; � r (nn� Constr�ici:�ion or ope��inc� of a faci1ity for mining metallic minerals---(�C;R); � (oo) Construct?3n or open�ing of a facility for mining gravel, other non-�neta111c minerals. anci fuels fnvolving more than 3?Q acres-�(Local); � { pP? �1 ��+��r appro:}�,iatic� ia�- commerc�: � or industri_al pur�±asc- c�f P�t;�er surface t•rate�° or ground ;,�lier averaginc� 30 m�i�l1ion ga�llon; per month, or excceding ?_ mi�llion qallons i.►� .zny day during the period of use; or a net,� appt•opriai.ion c,f eit�.i�er ground (•:ater• or �urface t�raier for ' ' i:�ri�ation of 640 acres or nTC�re 'in otle ca;i:�inuous parce� frorn one sourc� ofi 4��a.ter-- (DNIZ) ; � .- ' � � . ` � � � . 1 � .1 � �I � 3G (-uq) l�;�y new o�� add-itional impoundment of arater creat�i.ng a►�tater surface lt7 e>:cc��s of 20U acres---;.Local); � ( r�r) /in acti on �nat G�ri 11 �1 i.mi rzate or si yni fi cantiy al ter a L�cetl and �;r- '�yp� 3,4, or 5(as c?ei�inea 1�� U.S. Departme�� -i Tnterior•, F�isfi. and iJild1�ife S�rvice, C;ircular 39, "!�1et�ands o f the U,S.., �t956°� of flve or mot�e acres �in tile seven-coun t.y rnetropol �i tan area , ur of 5U or' 71;ot�e acres outs-i de the sever�-ccun�ly n;�i;ropo 1 i tan area ,�i i:her si ngly or i.ti a comp�lcsx of t��o ar more �•re�tlar�ds--(i_ocal �; . � �(�ssl r'!ny mar�sza ai�d har��r Uroject o-C more tharf 20,000 sc;uare fieet of tvai:er suri ace area--(Loca� )�; ( j:i) Construct�ion of a ne;V or acidi�ional residenii.ai deve?opment ou�side any SLandar.i t;r�tropaiiian Statis-cical /area (as de;i�led by �he U.S. Ce,�s��s �urc�au} ti�at inciude� 700 or more units in an unsew�re.d area or 500 0� tilorc ui�i Cs �in a sevier�ed ar�ea; o}� coilstr•ucti.an of a ne��r or addi t�i ena.7 res�i der�ti al devel op;nent ��I1 LVII il a Standai°d t4e�ropol i tan Sta-t�i sti c�l Area tf�at i nc � ud° � 7_60 or rr.nr^ un� ts in an urise�dered area ot° 500 or inore ut��its in a se��ereu af�ea--(�aca7}; � ( ui� Cons truct i ori c� a res�i d�nt�i al devel qpmzrt, consi sti rc� af 50 or more res�dei�i:�ial i;nits any ��ar� of e�!}11C�1 7s ��ri,�th7n a sf�orelana ai�ea (z�s deF�incd b�� 1�linnesuGa Si:atutas, Section 105.4�35)-�(I_ocalj; vv Const:ruc.tion of a rrsidential devclopm�nt consisiittg of °condorTiniun- L��pe" c�?n�{�grour�ds, r�o�ile hom�3 �?arks, or o�:her scrni�permanent res-idential ancf%or recrcat�i ortal faci 1 i t�i es t�/l I;jll ll a shorel and �rea ( as defi ned by i'Illiil. SLdt., Scc. 105.4�35) or floodplain (as dc(`ined by the Statetvide St��dards and criteria for f-1an��c;en;ent of 1=loodplain �reas of tlinn�soi;a) � exceedinc) a 1:ot:ai of 50 �mits, or if located ii� are�ts �ti�er than the above, cicccdin�} a tei:ai of lU0 units--(l_ocal}; �I � � � � " I . . �r �� 0 («W� Constructlon of �- sar�iti:�ry la��cJfiiil for ari excess oP 1C0,000 cubic ,yarcls per ,yc=a�• of �•�aste 1ill, or any sanitary l�ndi'ill 'iocat�d in an ar�z�a characteri,zecl by solu��;e b�drock; ��here ieachaces may signi.f�icantiy cf�ange Jroundr;al:er quality--(PC/1); (xx} Construction o; a ne�� p��er.and pulp pi-��cessittg mi11--.(PGA); (YY) 'The appl�icatiar of restricted use pest�+cides over more than 1,50Q COI1�1CjU0US acr�s--�(Agricul�t.r�); . (zz )� Ilat,ves Lf nc� of tim5er �•ri �ni n the L3aundary 1-lal:ers Canae Area Por•i:ai ' Zone or in a State Park or Hiszorical Ftrea, that �is not ii�ciuded fn an annual t�irnUer mar�a�ement plan filed ��rith the .Council--�Di�R�; (�a��, Permanc:nt re��ova7 of b�i0 or more cont�g:�ous acres oi forest cover for pu•rpo�es otf�er than re�orestat-ion�-•(,DPI42}; (bbb) Construct?�n of eleci:ric g:�neratii�g �lan�s at a sinyle site d�s?gned for, or capable of, op�ra�iot�+ at a ca��ac�ii:y of 2G0 or more n�gat:�atts (electrical�_.-.(pC!1); ( ccc 7 Consi:ructi an of el eci.r-i c �ransmi ssio,� 1 i nes and associa. 4ed faei l i t i es ciesi c;��ed for, or cap�'�1 e or, op�ration at � noJvina7 ��07 tage of 20D 4;i 1 ovo� i-s �iC o�' 1T1Qt"G, U1' 0�: �dt1011 at a no�n�inal vol �t-�y� of '!� 20U I:i iovoli:s DC c�~ more, and are 50 miles or mare in lengtf�--(EQC�; ;ddd) Construction of nuclear !^aierial proce�sinc� plan'cs and : �faci�ities--(PCi�) . � . (4�; 7t�e Council may �e reso'lu�_�on supp?eme�� the ca4egor�ies ln � t4�QC 2G(a) l��i - . (b) il��tice o` � iS Deternrinati�ns. (1 } �-he privat� persoz� c�r pu�lic ac�ncY ��hich has pr�pared an iJ�t�l. s1�a11 give not�ice of its EIS ueief°i��natio^ b; filing witi� the Counci? ei.ther an ETS Prepal°�.t�ion P�o'r.ice or• a P�ec�ative r�claration f�oti.ce. (2) An EIS Pi°eparat;on Plctice sha�i conta�rt (aa) r^, brief descrip�tio�� of the ac�ion tha-� si;ail t�e the SUG�E'C:'t Q� tfl� �7$. . , ' • (bi,} 7i7e agc��cy or ��cr�on responsible for pt°epar-i�i1 the EIS. (cc) �l�e time req�rire,r,ent� fcr }�r2partng thc EIS. � (dd) ii�^ extent to t;}��ich �rogres� 0�1 the actioti s}�a11 be halted dur�ing t:l�e ETS process, if� appl-icable. (ee) Th�� pla.ces at ��rh�ich the [�A!�, and ather suE�por�ing documeni.at{on? is a��aila��ie for public +!�spection ar.d cflpying. �� • (3) A• f;equi:�ive Decliit"c3.�=70t1 Notice s!�all coitta;n . ,. � (a� )/� brief description of the proposecl action. � . (bb) !t finding that t:li� action is noL a n2ajo►° •govcrnment�i7 actlon, or • II ' a r��ajor pr�':vate aci.ion of more than local significance with the potential . , . . for sign'ificant env�iron;r,entaT eff��c�s. II , � � » �! .. ' 3 �� ' ' � . 3 I (cc) The places at ��hich the E/iW and oiher suppo�'tiny documentation is available for public: inspection, ar�d co{>ying. (4) 7he EIS Pr�paratian Notic�s and !degative Declar�t'ion Noticcs shall ue publ i sh��c3 in thc EQC (�ioni tor to i nform i;he publ i c of the determi nati on of the EA!�I preparer as ta V�het:her the preparation of an EIS is required. � (5) C>:cept as provided �in M�QC 30, unless t�rithin 30 days of publication of the Pdegat�ve_ Der_]arai:ion ��otice th� EQC or a public agency with the jurisciiction to approve the aci.ion f-iles a nati�.e with the E/l'++ preparer, the proposer o�F the action and the Counci? that it cfoes nof; concur �,rith the Negative QeclaraLion PJotice, an EIS shall not l�e r°eq��ired on t��> actior�. 4:�hen such a notice is rilnd, the Council sha11 d��:erm�n� s,�f�ether an EIS should be prepared. The l;ouncil may hold a public hearing to assist it in its determination. (�) p��r�i:ion and Revie�•; of Draft EIS. �r.cept as provided in l�iEQC 25(d) in tl,e preparai;�on of tf�e Dr°uft CiS: ' (1) Tl�ie P.espoi�sible Agency or Responsible Pr>rson sha11 l�ave 120 days from th� dai;e of tr;e publication of the EIS Preparation Notice to pi°e{�are and i�ile the �r�aft EI�. �rfiis �imP limit:a�':i0t1 may be exterid�d by i:lie Caancil far _�od ' cause upon Evritter� req�aesi: by i:he Respuns�ible Agercy or Person; however: such a.n er.tc+ision s}�all be rn�inimized and considered an exception to normal operating pr�cedures. (2) Tf�e Responsib(e Agency :nay require the proposer to submit ar�y rele��nt data o7° in�ormatio+� that the proposer has in his possession or .to �v��ich rie has reasonable access. , : � (3) The Draft E1S is filed �vhen the Draft EIS is deiivered to the Council in a form and manner acceptal�le to the Council and vrhen copies of the D�,urt EIS ar� mai�le� to a11 app+�opriate Council-designated distribution points, revie��ting agencies, 1;he propose�°, an� req,ac.sting �ei°sons. (4� Reviet��ing anericies shaii consuit'��ith anci i°equest the c�nz;r�ni;s of public agencies that have jut°isdic�ion by 7a�r� or sper_�ia7 expertise on an a.ct�ion with respect to any enviroi�n;ental ef�Fecis involved, including t4-�e aprl�.o;��°iate Regioi�ai Developm�nt Co,�,n:ssion ar;u 1oca1 agencies. (5) The Respons�ib�(� /�ger�cy o,� Respo+�siblc� Pe�,son r�ay cor�sult with any person . who has special expe�,tise reya,'ding any ��nv�ronmencal effects involved and with . men�b�rs of t3�e ��ublic. The Responsible A�ency or Responsihle Person shall recei�fe and inr_lude as p�rt of ihe [IS record ar,y G�ritten responses to a Draft EIS. (6) E3ei,i�,�eek� 30 and b�? days after i;h� Draf� EIS 9s filed, an informa{:io;ial nieetii�g shall bc ehld in a caunty afifected �by the pro+�osed action as par�: of �he �raft EIS revie�� process. Three �,!ee4:s notice sha11 be given �=or the meeting w!iich shail be mailed to recipiei,ts of the Dt,afi: EIS anci ��ui�lished in a n��-rspa;�er of general circulai:ion in ihe counties affectecl �y the actio;�. The Uraft ETS meeting m:�y be consoiiciuted with any I�ear°�ng req�ri�,etl by law to be-held be�=c�re approval mf tl�e acticn. A i:ranscwiption of t.he r;�eei:iny sha°ll be made, and the public record shal i remain open for bettiveen ZO and 90 cia,ys to all�rn�r any person tu �ubmii: addit�ional iniorm,ation or o��inions. All varitten statements or sun�maries thereoi= receiveci ini:o the r•ecord shaii Ge includ�c! in the fii�al L=iS. (�) P�ot�vil;t�standing any other (�rovision ir� i:hese rules, Certificates of Need (��1ir�n. St.�t. 116H.07), anrl �er�ti�icates of Corridor Comp��tibility and Sitc Compatibiiity (Mi:in. Stat. 11EC.57, Subd. 1) may be issued prioi° to the filing nf a Dra�L EIS t�r, an action 1YIl1CI1 is includeu within t��QC 2G(a).(3}(bbb), (ccc) and (ddd). (e} Pre�zration ��ntl`Review of Final EIS. '. (11. The Responsi�le Agcncy or Pe��son sha71 h�ve 30 days from the dite that the � qraft CIS i°ecord closes i:o prepare the Fii�al ETS. The Council may extend this tin� liriitatian upnn written rer.eipt and sho�ving af good cause by the Respor�sible A�ency ' or P��°son. .(?) 'fhe Final �t� is filed when the Fin�l ETS is delivered to the Cowici� in a� for�» and nianner° ��c�e��table 1;o the Council and when distri�uted Lo all Council- �esig+�atici d;strihutic�� pc�ir�ts, revic��in� agenc�es, the f�ropo;er �and publ �c agenc�ies. . � � � 3J � . ' � (3) Council Revicw. � . '�' (aa) The Council m�y �°evie�J any F�na1 EIS tn dei:ermir�e whether the proce�iures and nal�+ctes o f il�e l�ct and these Rules have been adequately comu7ied with. I'' (f>b) If the Coil+ic.i1 ��ecides to reviet�t a Final EIS, it shall underta�ce � the rcview at or i�efore its first r��ee�ing held more t.n<an 30 days f�llowing � completion ofi i;he Final EIS. r�,ll pe,°sons rece�ving tiie Final EIS shall be �' not�fied. There��pon, tI1C GUi1i�C1� shall complete its i�evierr at or befor�e its first meeti�ng h�lci•45 days after commencing rev�ew. 7o aid in its revie�� of the Final L1S, t"�e Council i��ay holci informationai meetings. ', (4) 4J(�en the Counci� determ�nes that a Final EIS is inadequate, it shall notify th� i2�spo�lsibl� Agcncy or Res��o,�sible Ferson of the inadequacy and shall s{�ecific�liy ide,�ii�ry tf;e improv�n:°nts or additions necessary for Council accepl;�nce of the Final GIS as ddeqUdi:E. Th� Finnl CIS shall be resubmitted to ,' the Council �rrithin 30 days. � (f) Ap�ro��?1� on Aci.ions. E>:cept as pruvidcd in MEQC 26(d}, on any action fo•r 1'ih1C+l "c':f� �15 t'1"°i)aC'«�1011 ItO�1C2 {1�S b('�11 �)Uf)�'fS�ICa� I"10 �Ji1VE--11ii1C'it�d� �)i:t'if'!; $jlil�l �, be issucd urtil ihe Cvuncil has complei.ed its reviev� of the Final EIS, �i� any. b!;i?re publ i c heari ngs are requ i r��d by 1 an� i.o precede i ssua:;ce of a oovernraental perm;t oi° im�lementat�on of a gcvernir.�nt;a1 action, F�u51ic hearings cannot be he�d �� prior, to fi�lin9 of a Uraf-� EIS. (g) Ha1ting the P.c�ticn. td'nen a?1 EIS is requii�ed on an action, any physical cons�ruc�;�icn on� tl�c ac.iiori or operation of 1;he action shall be halted f�°om the �' tiir.e the i=IS E're�a�°ation Protice is p�_�hlished until the Final EIS is acceF�ted �y �he Co�mcil; un1ess �;he Council or the Responsible Rq2ncy det�rmines thai; constt°uc�io�� or operation rray begin or continue. In that case, the Council or Respcnsible Agency shail specify the ex.i;ent to �ti�l�ich construcl;ion sh�all be ' a'i lo�,:�c>d. i r� , �� . � m 9 � ' , ' 1 ' � CftAPTEft T1IIRTECN SU3S7AN7IVC 1ZLQU.REMEN'I'S h1EQC 27 EV/1LU11TTUiv UF' A.C7.i0i�S. • (a) f1ajor /lciioc�. Tr� ci4terr�7,�ir.� wl�nthtr an action is a major actian, the follo,iing~facto►°s shal�l be co��sidered: (1) T,ype of acti oi� •, (2� SCOE�C' Af ac�i�t�, �inciuding siz� and cost; (3) Location and f�ature of surroundir�g area; .. (4) Tiie toial�i�.�� of cumulative related actions; (5) Relatio�� ai� the �ct�ion La an�ticipaced grcF•rth and developmant. (U) �ocal Sin;�i-�icance. In det.ei-mining v.hei:her a major private aci:ion is oi More �h�r l oc-:; :i cr�z -i i ��.��:e, �ch� fo� 3 o�s�, i i�g r"actors shal l be consi derec' .: � (1) Loca��io�� o`i the � c��ian; (2) Arca af�'�c�:�d by i[�� ac�fon. (3) Thr g�vernrr-�nta.l permits reqi�ired cn the action. � (c} Pnt:c�6� 4i al � fot� Sz c��i � i ca.nt Envi ro��erita.l Cffec¢s . In determi ni ng �rhether an ac�:-ioi� F�as t:i�e poi:Gr��ia�i �io!^ s-ign-if�ican�t Ct1V1Y0fi,iie��ta1 effec;;s, tfi2 fO�I�IOYilfi� factors sf�al l b� cc�t�s ��er°ecl: 3K (i) Typ�s extent, and 'irre�arabilif:y a; environmental ef�ects; (2) Cumul�.tirE enviroizm�rital effects o-f reiated or anticipat�d futiure actions; (3) 'fi�� e�:tnnt ta ti�hi ch �ne env-i roi�menta7 effect�s are subject to iT�i t�i gatier, hy onJo�i��g sia'ce r�gulaiory ��uthority; {t+) The exten� io ��rhich ent�ironm�r.tal effects can be anticipateu and controlled as a result: o-i oi;f�er environ!nental studies under°��k�n by.pubiic agencies or tEie projec'c pr�oposer, or of €ISs previously prepared on s�n�i7ar act�+ons. MEQC 2B COf�TEP�T OF Dt21�FT ETS. A D'raft. EIS shali coniait; the fiollol�ri�sg 9nfiorniatian: , _ (a) Su,�narv. A sur�mary sheet which d�scribes tf�e action, major enviranmental isr.pacts, ��.c.vers� anc� f��i�efic:ial), reasar�l,le alternatiti�es, and �the feder��ls � state, ar�rJ l ocal per•i,i i�i;s outstar�d-ii�c� si�a �? be i rtel udeu. Also, fecfe7•al , si:ate, �r locaT a_yer�ci��s, o�l�er organizat;-ians, t�nd private individua1s consulted i�i.: the prepar�zt�ic« of i:F�e EIS sl�all be identified. �' '�, � (h) De�cri,r,tion. A description of the action, i��cludinc� i.yue, size and location, and the envi�ron�r:,��':71 settiny of the a.ction. A rec�ional �nd site—specific map \ sliould be li1C�UCinLS t0 assist in sdentif�ication of the �roject. '' � (c} Fnv_iro��rnental Impact af the f�ro}�osed Action, 'A11 phases of an act�ion shall be considered i�.fien evaluating an action; pl�tnn�ing, acquisition, consi:t°uction, ' ' � ' •� _ 12 _ d s t � , 3L i�nplementation, developine��±., operation, �nci conclirsion of operation. Sr�•^;,:'i :�. consideration shall he given La-pollu4ion, ��o�pairment, or destruction of Lf�� ait-, ti•�ai�r., � illl(� or ot;Fer natural rc:seurces i oca t�ci .wi thi n the State resul ti ng from the proposc�d ac�tior. This discussion shall also include a descr•iption of thc� r�sources fn the area ti�at shali be �f��eCt(�d by tit: ac�icm. �-li�c� en�phas�i� pT; ced cr. resources that are rare or unique to the renian oa° i,�at ��ossess impar�ant historical, cu7tural, natui�a� , ecoi ngi cal , or aes �he c�i c val lies . ' ' ' �d� i;TIY Cjlf_(?C� Ui" 'fti��lY.f'C#: Lr\'1T"0111_i?i"1{:�7,_2COI101?17C, �11.C� ET11p10yR1E{l� iiiCCtS 't�17f: C<3t1t10�.Ii�' il�rr)7��-�� 11 j.�'C�. r�rc, osed i Cl,1L`�l 1$ 1('lE) E_`Iflt�nj;CC�,---'r�i1S G"lSCUSS10il � Shall deSCt°�il;e �.fse ��.c;vers` «.7d b�r��f�cia7 ci��iror�me�tl:al, ecanumi� unci ernploy�nen� r.fi�fee��s thai, ��.�i i 1 resul i c?�i rer.t�l y frrn� �;e acti on, as ;,el l�s t�he c�f ��c�c�cs tfiat ' ' may he rea.sonahly expectv=d ta resu1t from �he aciiori. �P�iii.ination measures t'r�ai. have beGn or �,�:,y be incorpar�xfi;ed ini:o ihe ac�ion �o reduce or minim�izc Sirytli"i`1Cutit acl��erse en�+irc;��r?;.ncal, econo��;c, �nd emp�oy�r,nt efrects sha77 bc discussed. , , ' , ' ' ' I ' ' � � ' (e) p,i�y �Y�rc�< <s9hlc and 7�,re�� evaf�lc� co�r�n�+i�;�n'ts of' reso�n°ces fi.ha.� ��aauid — - ^ ____ .V___ �.�__--,--- be 'itivai,.c1 i�� if,�� r<<,r.i4rc� �teo�t if' 'iL �� ir �i:�;r�:=ni:e«. i;�is a�sc�,ss�on sha11 . _ -�--- _ _ ------ -- - .- -- 7S1Ci1d:i� i.11' p�J')C;�G t�5i� G? i"tGil 1cI1E:lV�b,£ i"CSCi!t'CC`S,�Oi1Q i;erm OY' lY'1"CVC1'S'I�I�P_ cor��.�it.r�.�;>> � ��7 rc�.a,!. c<�s ��u :a � ar�.:c�,lar use �nrj an�� irre:��rs-ibie �.!�:d 'rrctriet�a�?e dur;�as� i},a�� ruay �°es�ilt i;��m i:1�� .��iotr. . (fj 1ha 1"C�c.:.�;��0�i$�11[1 f'_c�i;�:i'±� �{OC%1� S{�OC"i: T.C''i'rii USE_'S 0� '��lt? t?C1Vlt'QiliTiC'i?t drC� �fi? _—.j -_—., _—;--- —�---- fi?c.il1��`Y!�ti1�C c:il ��:i':ii��'4.��4f1� G1� �ECr;'!q LE.t�'1 C�` GC��lCf:1V1_ i�/, 7f1C11tCi2llq i:�P en��ironrr�c�n�a'i i�'?7�:C�; t� i I'�'C_ '! f tL ��' 11;CYF:%'SCCi ��) ;;�lC � C�"r?y�' � 7 iR�'.1"It Of d11 3T'P.3 i 1 �Ri; ��C IOCl 'I S��— --- E �__.�•--y - -- _— __. 1fli7iCi�'tC'_i1L'�.ie lil'IS i11.�(.uiSlOil ��1�:� i�iiiC�L1Cj:. t„1� C'.itit:211� Li1�.� i:tl2 �)Y'0�"JOSG�i �Ci,'tOil .�_ _....— _— �. r F � , � �� ,y F, � • � p • �. a ��vol��es erWci;�-o�-�� .:�c;s�n►} s(,or°� �_rm e;zi�;r-on,r;_�ta7 ga:r�� ar loss4s ver�us 7or�g i:tt°r� gairis �r loss�s; �i��clu�u-i�g Po�Ce��i:��l r�isks �a health anc! s�fiety, ard t!�^ exien�i. ��l�at �he p�°o,r,oseu ac��?on �crec�eses future ap�tio�s. The impac� of pr2d�icvzble 9rcrease:; fut�r•e u�e�ic� �nen� ir+ t,�c area �f�a� may be stimulated, cfirectly or ��ndir�cc�ly9 t�y i:ne proposed action sha'll be d-iscusse�. (g) A1i:err�z;�ives te i;��e Pru,,oscd I;c'i:�ias�. An objecti��e eva'!u�;tion e�f a'I7 reasv�i2bfe a7 cr^rnet��e, ��0 4��2 aciion uncl �f:t�e environl"f°:l�:c�1 iC�l�?dC� nf each ar.d tf�e ��easo�s for �ti�eir rr-.je:vt��o:� in fi':�.��or of �he recon�mended choice sh�,ll be made. Reasor �i:l�� rnoa.iiicat�ioris or i;tre; r.�i°o��o�ed aci:�cri that i��y avoi� or ��edt:•Ae adverse env�i r;oP�rrier�i;ai ef; �cts sha�! 7 L�e di scussnd, inc' ud � ng the exp°cted benefi �s, costis, ai�ci e-Fi'e�ts on the ol�jcctive of t}}e proposed ac�ion. (h) The �m��ci. on rtaie Gcve�-�me��t_ of a��y -federal coni:rol s��sso�i ated H�i ih the pr�,o,e�.ac�tion �=ederal ac�v�iorrs pendii�g�t,�h�c!� may effect the final outcome o�F 1:he prc��ect sr�ould be disc�lss��d, inciudi�7r, t:hose actions trhicl� ma� resu7t in the ex}�e«ditur�e of additional stai:e fiunds. � • (i) The mult�i-state resl�onsibiiities associated w7f:h t;f1e pr�pos�d actier�. Impacts of �he proposed ac�4� or� upe,n iriul ti -s�tate respon si I�i t i t � es sha7 i 5e disr.ussed, i�lcludi��g 1:h� enviranmenta3 �ff�c�s of the action upo�� adjacent s'�ates. D1EQC 29 CONTE(d�1' OF FIlJ!',L EIS The Fi�ial L?S sha11 c.onsist of the Drai't EIS, the coirnnents or summaries thet•eof.rece�ived ihrougl� consulta�ion and ruUlic cotrment, including �ul:�lic i��ee�:in�s or hea�°ings held on tl�e f:IS, and the res{�nnse of the Res.ponsible Agency or ResE;onsiUle I'erson to the significant enrirornnental issues raised in i�he consul tai i or. , comme��t, and revi ecr pt•ocess . Th�� t•esponse c> f the Responsi bl e/1c�ency or Responsible Person to construct�vc conunents received may i:ake tl�n form of a t�e��ision of thG �raft EIS or may be an attachmt�nt to the Dra�t EIS. .. '! 3 .. ' l� ' � �l � � t�i�:QC 30 PLTITION FOR /1N f_IS . (a) Petition. An.y person or �raup of persons may file v�ith the Council a petition Lh�at cont:ains: the signat�ai'es and addresses of 500 er more individuaTs { and rec;uests the Council Lo requ�ire an ETS on an actior�. •• �(b) Content. In addition t.o the sic�nat.ures, the petition shall include the follo�ring��vi°i�i:ten information: (1) Description of the actioi�; (2j Propa�er of ihe c�Ct10�; (3) Tl�e anticipated. env��°onm�ni:al e{fects of the aci:ion; (4) The name and address of a represe�it;ative of the pei;itioners for �,he purpose of this section. ' . (5) Any add-i�i<i�nal informaiion thai: n��:+y be used in t.he EAId to deterin�ine wi�e'tl�er tr�e pro�osed action is a major• governmental action or a r�ajo7� private action of mor� tha�7 iocal sig!�if;cance t�t�iE� the Noteni;ia? for s�ignificant er�v� ro��irental e �-fects . � ' ' ' ' ,� ' , . ' . ' � , \ , . ' t ' . (c) Cauncil �tit.ion. . (1) �r'o �etitien need Le revie�,�ed by iF�e Council if �ti�e Council staff determines that: {aa) The petition lacl;s 500 signatures; o�° (l�b) 7he aci:icn is Of1C' ta alhich i.hese Ru?es do not. apuly, pursuant to N�c�C 25(d); or (cc} Rules; or (dd) An E?S deieti�inination has be�n ��ade in accor°dance �rii:h these The action is outside the jur�isdictien of the EQC; or (ee}� The a.cticn does not in�rolve poiential ror si�nificant eriviron-• mental effects or have more thai� 1oca1 sic�n�ificance. (2) In aT 1 other cases, the Counci 1 s±a.ff sf-�a � 7 rerer t��e peti ti.a}� to a ResponsiU7e AgFncy for prepa.�°ation af an �i�;-i or, y-,�i�ere appi�opriai.�, arrange for a Council revie�� pursuant to subd. (�). (d} Respons�ble Ac�enc,�l�ction. The Responsi,ble /�gency sfiall have �5 days in v;h�ich to pre��r,r�e the EAt��, f�efierr°ed to ic Ly Li�� Cc�uncil pursuant to (cj(2) and shnll thcrtupon puf��l�ish an CiS Pre;�aratiu+� Plotice or \e�;ative Dec�aration Notice. Ir a�ldeyatit^� Dec7aration Notice is publishe�l, ti,e repres�ntative of t.hc: petitiohers, �nay, 4rithin 30 days, request Ccuncil revieva of �tf�e der•i��c�i� pur�uant f:o MEQC 50(e). (e) 0« ail r�etitions received �vithin 3U days of publication of a Negative Dec1ar�t�ion Noi.ice as [:.'ovided in h�1EQC 3C��, tf�� Cour:c;l may conduct a�ub7ic heari;7q �to �facilii.ate ,.he Caur,cii's i°eviet-; of ��rhe'�hcr� a�� EIS mt!st be preparecl. Ihe hearing shall !�e held as e;:pedit7ously as pr�act.ica[�;e in a county �to be affected by the pr^oposed aci;ion. ' At leas*,. ��ro weer;s notice of tl�e I�earing sl��all be g�iven to the proposer of . tt�e action, to a11 pub�lic �igercies wii;h j��risdiction ev�i• the action, and to the representative �f i.he petitioner�s. At tl�e f;rst �nrm1:i�1,}� meeting at least 20 days ait:er �,ec� ipt. by �the Co:u�c�il and by rcquesting p��rso��s of the hearing officer's findings and r�.coi�miendation, ��e Counci ; s'r?all consider the reconc»endation and any written briefs or argume7t fiicd by interested parties t:o the hearing, and shall � c?ecide ;vhei:her to accel�t, r�ject, or modify the recoi�;nenclation. P!o oral argument shall be nermii:tcd before the Cc�uncil. Failu!-e of ti�n Council to act at Lhis n�eei:ing shaii Le deem�d �cce��tancc af ih� recors»enciatian o` ti�e hearing offic�r. (f) Receipt of a va�ici peti±ion �y tF�e Councii pursuant to suhdivision (e) sha11 :��;�}�ii�ti �,;�,, ;0 rlay ��,ei�iod �pe:ified in h1E�QC�3b, untii a i'inal deterir,i��ation has been ma:la ?�y thc Cour.cil. , ,n � 1 , � ' �� ' � � � EARI.Y NOTICE RULES CHAI�TEIZ rOUf:TEEN MEQC 31 AU7HOfti1'Y 3 iU To rrovictP early notice of •in�pending actions v,�hich may have Signif;cant envirorirn�ntal �ffects, the Council shall, pursuant to Minnesota Statut�s 116D.04, subdivi;ion H, pub}isi� a l�ialletir� t-�ii:h the n�ei�� of "�QC 1�1onitor" containing a11 n4ticcs �,s specified in P1EQC �n. T�� caunc;� may prescribe the form anu m;.�nner in t�,hich ttie ayericies subinit any material fo�� publication in tt�e EQC Pioi�itor•, a��tl Lhe Chairman of the Council ��.y wi�hhold puhlicat-ion of ariy m�terial not su�rnitted accordii;g to the form or procedurns th�� Council has preserihed. h�EQC 3?_ PURPUSL ThFSe F;ules are intend�d to provide a procedure for notice to th� I+linnesota Enviror��x�ntal Quality Council ar,d to the public of natural resource manac��ment and. develop�r°nt per�i�i t applications, anc! impendirig gavernme+�tal and private actions that n,a�; have siynificant ei�v�irord��e+i��:a� e+�eccs. Tl�e ntoire c,iven tt-�<^oi.•�+� the eai°�iy not : c�� p��ncedu�,es i� i ii addi ti oi� i.o publ i c noti ces othei�vi se requi reci I:y 1 aw ur rnG'il a �; ,n,n, , . t�1EQC 33 [XEI��nTIOt�S _- (a) �11i Natioral Pa1lutant �iscl�arge Eliminatio,� Syst�m Permits (NPDES) c�ranted :�y th^.'�!innr�s�i:a Pollution Cont�ol Agency, �u�d°r th� a�!t{�nrity �ive� th�m by the F.n��i.�onn-c;nta] P�~oi;�cti�n ��tgenCy, of the Un�ited State of Am^rica, sh�ll b2 exempt �rom t,�e Larly f�lot�ic� procedures unless oi:herwise provicied by resolution of the Council. . . . (b) Where, in the opinion of any public dq�tlCy, strict observance �f t.hese Rules would jeopardize the puE�lic healtli, safety, or t��?lfare, nr t�rould othen-:ise gem�rall,y� , com{,ro;ni se the publ i c interest, t.he agency shal l comply with the Ritl r..s as far• as � pract;icab]e. In such cases, the agency shall carry out alternative rrh��zns cf put�l;c ' nof:i ��i cati on and shal 1 commEini cate the samr_� to the Chai rman of the Mi nneseta , Et1V1 t'Oillll�ntal Qual i ty Counci 1. (c) �,ny federal pet,mits for 4vfzich revie�v.��rthority has been delegated to a public � agercy by tl7e federai go>>ernment may be exempteci by Resolution of the Council. MFQC 34 EQC P90NI'fOR PUEsLICC�TION REQUIREI�iCNTS • �a) ,Pub1ic /�gencies are r,eqirirecl to publish the foll�wing in the EQC I^onitor: ' � (lj N«tice of naLural resources rnana��ment and development permit applicat;ions for actions and all proposed agency aci:ions ��rhicl� are included i�� MiEQC 26(a)(31. ' �� \\ ' � . ' r . r.. (2) EIS f?reparation �dotice� and notices of Nega�ive Declarations. (3) Notice of receiE�t of �ermit applicntions or of government proposa]s fo�° natural resource maiiagFment and develo�ment ��erm�t appiications (Minn. Stai.. 11GD.04, Subd. 5) wl�en tl�e propos�d action will occ�n� in: (aa) An ar�a designated a Cr�itical Area by the go��ernor; or � (bh) Rn area designated a 41i1d & Scenic Riv�r Are� by the C�mmissioner of Pdat�rral Res�urces. - (4) Notice of other actibns that the�Cnuncil may specii'y by Resolution. _�5.. u � 4 3-0 � (5) Notice of Draft EIS hearings to be held pursuant to McQC 26(c)(6). (h} P��biic f�gencies may pu.�iish notices of gene+°al inLerest or information in the EQC t ion i i:o r. . (c) The MEQ�' is required to publish 1;he follo�4�ing in the EQC Manitor: (1) Receipt of valid petition�, p«rsuant Lo NEQC 30, and assignment of a Resp�nsible Agenc,y thereior. (2) Receipt o�i Draf't or Final CTS. (3) �dotice c� intent to take any aciion pursuant to ��linn. Stat. 116D.0�, Subd. 9, �;�ii:h notice of the hearing lield therefo�°. . . (4)� R�ceipt by tf�e Council of no�ice of nonconcurrence by petitioners or a pub1ic aaency with a Pr�o�>oser's or Responsib;e Eigei��cy's t�egative Declaration, and the�i:irm a��d place z� vrhich the Council vri1�l review the matter, including notice of publ�ic hear�ing�; if any. (5) l°rti i�icafinr o� !_oca� Plar.s ��.�rsuarit to Piinr.. Stat. 11GG.01 et s�. (Crii:ical f�,reas ixct oi� 1973). (6) Issuai�ce of a Certificate of Cor�°idor Corpatibility o:° �i1:e Compatibil �ty, or a liigh-1�oltage 'iransii�;ssion Line Consti�uction Perinit pursuani: to P1�nn. Stat. 116C.5i et se .(E'ower Plant Siting Aci: of 1973). f�� QC 35 cora�rcr�r c�r t�,01�? CE (a) The information to be includ?� 111 the notice for natural resource managem2n� and de��elor�m��nt permit applications and other iterns in PiFQC 3A(a)(1) and (3) sha1T b4 subiu;rted �; the pub�i ;c agency.oc; a fot°in appr�oveci (:�y the Cour�cil. This info��mation shal l incl ude: (1) ldent'if-icat�ion of �;pp7icant, by name and mailiny addr•es>.. (2.) The locatioi� o� i.i��e pi°�C�oscd project, or descrip+.:ion of the area a��fected by ihe rAct�t�n by co�.�nt.y, P'ii�;or Civil �%i��isiori, public land survey township nuir,�4r, i°ange nunib�r, and section nun��er. . ' (3) The ranr_ oi' t!�e permit applied f�r, .or a descr�iption of the proposed project c,r othe�' action to be u,�derLak�n in sufficient d�tail to enable otl�er state agencies to determi�ie �rnether tliey have jurisdictio!Z over tf�e propased action. , (4) f1 statci��ent of whether the ac3�ncy inter�d� to held public heari;i�s on the preposed act'ion, along arit,h the time and place of �Lh� hearings if they are to. b� � held ir� :css than 30 days fro!n the dai.e of this notice. . ' , ,\ � \ � , • (,) The identification of i:he agency publishing the notice, including the manner and place at �•�I�icii comments on the aciion can be suLmitted and additionai ir�fo�'f��atior, can be obt.ained. MEQC 36 fIP�AL UECISIONS /1P1U ACTIO�dS (a) I�o tinal decisions grai�ting or denying a permit application for which notice is req��ired to be published sh��l1 be �nade until at leasi 30 days followir.g publication uf the i�oi:ice therefor. (b) No 4�ublic ac;ency ��ro,�osing an action for wi�ich n•ot�ice is required to be published shall begin to implement that action until at l�asi; 3� days following • publication of the notice therefor. .• � ' , '1G' �., � � � 3P MEQC 37 STATE��IEP�7 OF C0�4f'LIIk��ICE . Each govarnrr��ntal p�rn�it or aqency authorizing ord:.�r subject to the � ►-eqt�iremeiits of these ftules issuecl or granted by a public agency shall cont:ain a st:�ten,�nt by the agency concerni ng t^rl�ether these ftul es have been com��l �i ea �,�i �h, and publication dates of the fdoi;ices, if any, concerning that: perntit or autho.�ization. tdEQC 3B PU6L I �/lT IOt� ' � � (a) 'ihe Council shall pu�rlish �the C(�C tf�on�itor tvhenever. it is neressary, except thai: �natE�ria1 ,propet�ly subinitted �:o the Counci I shall not reamin unpublished for � more than 10 �vorl;ing days. ' I ' ' ' ' ' ,4 ' ' , � . (b) 7he EQC l�;onitor shall f�ave a c�istinct and permanent masthead 4rith tl;e title "EQC f�loni tor" ar,d th� E,�ords "S�ate of Minnesota" prominently displayed. All issues oi the E�(C_ Iionitar shall be numbered and dated. hiCQC �9 COSi AIJL� DISTRTQUTIO;� {a) ldhen ar. arency ��roperiy s�.ibmits material to the Caunci7 for (?ubl��aiion, tfie C�uncil si�all then be accouni:;:�i�le for the publication of the sarre in the EQC h9onii:nr. The Counc:il shall require each agency whict� requcsts the publicat�ion of �uate,�ial� in ��i�e sta�e regisc�r includtng th� Cour�c91 ii:self, to pay its proport,ionate cost o��' the EQC f�'�onitor unless o�her tun�s are provided and are sufficient to cover the cosi:�of i:he E�(C_ I�ior�tor. (b) 7he Council may organ�ize aiid ci;st�°ibuie contents of the E�C.1�1�nitor accordir�p to such ca�egories as will provide economic publication ai�d di:str�ibution and ��rill o�rer easy access i:o infor�n��ion by an,y inte�°ested party. (c) ?he Coi�ncil may further provide at leasl: one co�y to �ne Cocuments Division for the riailind of the c�C P?cnitor to any perse,�, ag�ncy, cr crganizatioi� if so requested, provided thut reascnai�le costs are borne bv the req:�nstinq party. Teri copies or each issue of the EQc; h�onitor, hovdever, shall be provided without cost to the legislative refer,ence liLrary und ten copies to the stai:e law library, -anc� a� ieast one co(�y to desigr.atec! EQC depcsitories. • (d) �The�EQC shall p:�ovide adequate office spnce, per�onnel and suprly necessary equ9pr�e�;t fo�� I;e onerai;?un of the �;, ;lonitor sa�itl;nut cost to the �rencies. . I�IEQC �0 GE.NER/`jL (al Publication dutics of the C�1C P1onitor may Ue transferred to the Staie Register� upor Resolution o�= tl�e Council. � � (L) f��QL' 34(U) may be supp?en.ented Gpan Resoluti�n of the Cour,cil i;c� inc1ude notice oi conso?idated state pe�"��tit appl�cations. . h�EI�C �1 � EFFECTIVE DA7E The an7encimenl:s to these Rules shall take effect on All.►�et.it;ons r•eceived, environmental assessir�ents or•dered, and c�nvironmental '� impact staieir�_nts ordered before the eftective date of the amenJmen.ts shall be \ processed and reviewed as �if these an��n�+rr�nts wcre not in effcct. Projects previously reviewed ot° e•r,einpted by the EQC are no�: sul�jecl; to tliese Rules. ' ' . � ' • -17- ' � , ' ' � . _ �1 C�, � f � �a�� fi431 i1NiVERS{TY /aVEf�UE 'i�E ' 1�linresota Environmer2tal ' Room I Ji� Ca;�� tal Sqi�are 550 CedGr Street S�. Pau' , 1�1n 55110 ' �J C Gentlem�n: ANdKA COUNTY Quality Council Building 560-3450 FRIDLEY, MINNESOTA 55432 Decernber 5, 1975 Re: Statement For Inclusion Into The Public Recor•ds Or� I�i�QC Rul es anc� r�gU i a � i 01'iS . Public Nearing on i�l�veriber 12, 197� From the City of Fridley ke, at the City of Fridley, fully realize the importance of the prv- tectic►� of our environmpnt for ourselves and for com�ing generations. This realization has �rovided i:he impetus for rnajor stri�es by tite City in pro- moting environmental advarenESS far the betterment oi� aur society. Ty�e City has acti�rely sought cooperat�ian �ith the State in �stablish+ng a modei for a�� ne�iranmen�al ordinance which would allov� rc�r environmental planning, i�i oraer to promote a better° understandiny of the envirar,mznta1 conse�uenczs af our aciians. The r�ul es ' Qual i ty Cc�ur�ci l Act o�` 1 Q73 ar� with �he rules ■I ' , ' �' ard re�ulations pr�pos�d �y tne ,^�iinr;esota Environmental fur the impl ementati on ci� �:he P�i ��r�esota Envi ronmental t�1 i cy ir concept, valid. Ho��rever�, theru are scme rnajor pro�lej�s and regulatioi�s as they are la�d ai�t. 1. tde si;ro��giy urye that the Minnesota�Environme�ial Q��ality Co«ncil aevel o� a mo��e effecti ve franevrork whi ch u�oul d a11 ��r for 1 ong t°arige envi ronmer�tal plannir,g to cieter�n�ii►�e overall effects ai' dev- ei opment o;� �lh� env�i rc�nmen t. The� r�1 es and reg+� � ati ons �:hat are t�eing propos�d may bc� necess�ry as a temporary me�sure i'or control- ? i n� harmful impact� on the envi ►,unmen?;, hci�rever, they may � n the i�n� r�ur7, u� very de��rimentai to the t�ta� econa��ic devel�Nmen�: oT a comrnur,ity. For this reason, we feel that immeaia�e ef�orts shauid be advanced �`or �he it�clusion of enviror,menta� planning as a more �ffect�ive i�eans of er�viro�imen�a� controi and impl�rnentation of the Minnesota Envi�°onmenta� Policy Act. . 2. l�h� rules �nc� r�culai:i�ns are exi;reme1,ylimited i� relating orl� �n �mpacts an pf�ysir_'al environmental changes. Thc�re ar� other impacts. �hat sl�oulc; aiso be considered in a s�cio-econor�iic overall picture. 3. �f�QC 2�- ,u )(1) ;ee ) Th;: requi re,nent th� � 50t� p�r�orzs must si gn a pe �i �,;� un �i i� orc��r to h«��e a rev-� ew of a ��egati ve decl arati o�i or in , . ,o } ' . - C I' ' ' � Minnes�ta Environmental Re:� P�oposed Rules and c City of Fridley Page 2 Quality Council Regulations = order to start a review on a project is an unwarranted hardship � for the process of citizen participation in the protection of the envi�onment. The question of the nurnber of signatures should not be the iinpetus to start a revi�w, but u�hether there is a pot�ntial for significant detrimental environmenta.l 2ffects. A single individual who is willing to expend the time and effort to raise the question, should be sufficient. 4. Under MEQC 26 (3) the threshold of the mandatory categories are so high that a major portion of environmental decisions could go through without any environmental assessments. A major number of these would be under local government jurisdiction. This void, with no uniform means for local controls, further emphasizes the importance of envir- onmental planning in order to coordinate local ernvironmental decisions. 5. Under these rules and regulations, the publ�c agencies are responsible for the preparation of the environmental documents with r►o�means of compensation to cover the cost of the preparation of such documents. 6. Under MEQC 26 (a)(4) the htinnesota Envir�nmental Quality Council may ' suppler�ent the mandatory categories for an Environmental Assessment Worksheet without a public hearing process. Although a p�blic iiearing process is more bulky in this instance, we f2e1 that it is a necessary part in maintaining the control at th� local level. � 7. Under MEQC 26 (c)(6) the time:Beriods are too bro�d and incons�ste!;t. They should allow -For straight time periods such as "30 days after the draft EIS is filed", ar�d ".., for 20 da.ys to allow....". ', . 8.� MEQC 27 (a)(b) These are unclear as to what constitutes a major action � af mare tha�� 1��a1 significance. '�h;s wouid make local decisions too o en to challenge t�hrougt� the Minnesota Environmental Quality Council. We feel that this is a very importani; �rea of concern and should be better qualified. 9. N�EQC 27 (c)(2) This requires a judgem�nt on the curoulative effects on relate� ar future actions. This could giVe very falsP readings � due t� un��varranted speculaiion arrd should reiate itself more to in- duced effects as a result of this or other simultaneous actions. 10. MEQC 30 (b)(3) The anticipated eriviranriental effects shoul� be sc state� so as not to burd�r� those �4rsons o�, grcups of �ersons �vith detailed, complex and/or expert tes�;imony, but should be able to be transmitted to the MEQC in layman's terms. This should be spelled out more clearly. 11, MEQC 30 (e) There is no iime limi� placed on ti�e setting of the p�ablic. hearing on a challenge for a negative declaration notice... i2. MEQC 35 (a) No time limit is set far notice of p.ermit application. Minnesota Environmental Quality Council Re: Proposed Rules and Regulations City of Fridley Page 3 13. We want to strongl,y reprimand the MEQC for the public hearing process which they are following for the review of the proposed rules and regulations: The importance of this issue is not reflected in the time limit aliotted for our review. These rules and regulations set the ground work for local units of government in the development of environmental policy. There are many major issues that need careful study in order to fu17y �ompre�end the long range effects of this document. An appropriate time table has no� been allowed under thls public hearing process and has seriously affected this review. It is under this pro�Cest that our cornrnents are forwar�ded ta the MEQC. i, . �I �' � ROUGN DRAFT EXERPT FROM THE PLANNING COMMISSION MEETING OF DECEMQER 3, 1975 _ u.�' - Page 1 RECOMMENDATION ON PROPOSED_RULES AND RFGULATIONS FROP�I MINNESOTA ENVIRONMENTAL MOTION by Langenfeld, seconded by Scott, that the Planning Commission receive the memo from Jerrold Boardman to Dick Sobiech, dated November 25, 1975. Upon a voice vote, all voting aye, the motion carried unanimously ME!i0 '�0: Dick Sobiech, Public Works Director M�P40 f=ROM: Jerro`Id L. Qoard�zr�n, CitS� P�an�er t•tE1�10 i?A1�E: (�ovember 25, 1975 RE: riinnesota Enviro�mental �ualit�� Counci1's Proposed Rules and Regula.�;ions . � ThA t�i nnesota Ei�vi ronra�ntal Qual i i`�� Ceunci 1 v�as establ i shed by the State Lec�islature u��der the ��innesot;a Environ�n�n�;al F'olicy Act of 1973. � The purpose of ��hi ch vra•s promot-i on, ed�icati on und pi°� �:ect'i on af the S'r.ate's environmental char�;ctey°. Un�er this act, tn� l�iinnesota Environ�;;�ntal Oual i ty C��nci 1 ti��as gi ven i;h4 authori ty to ��tab1 + sh rul es and r�gu1ati cns to carry out 1;fie intent of the Act. Ho,•tever, because of �he extent of the �,espo�s �i I�i 1 i t� es , tf�ey q�ti ckly ;�ere b�cag�i! d�wr�. For th ; s reason they had a consul tar��; s i;u�y the mat.ter and suo,oesi; a pcss�i bi e sol uti or� to tre prcb ie��. 1�1P. C�JnSLl� f;ar�t re�or�. s�tgnes r.Fd ti?n �i��c��t.ra.l i z�t.� an af' res�cnsi bi 1 i ty cf enf�r�c+ng t;he Aci to �h� State, Count,�� nd lncal units of go��er�nmer�t t:Eai are ;nore directly relaied 'co the contro? of ��nvironr.iental concerrs. �iecaus� o� tr�is rrove, they� felt tt�a�; the �nvi�°o��,ne��tal issues would be �rou�ht up ear►�� 'in the per��i�it process ins�tcad �� ufter n�os� of ti�e darnage had already � been d�r�c�. � . . 1�he �ri dl ey Ci ty Counc i l, c►�1 Jun�.;� r; 2G, 1975, voted i;a ��ork ��i t;h the C1;nr�eso�(:a Cn��iran�;;ent�l Quality c.ouncil in sz�-.�.-i►zg up an ordinar�ce that� could bc used to carry ou�: the intei��; of the ifinncscta Enviroi�mental Polic� Acf.. 'l�hesc rulcs and regu;ations arc� �ri��:r�ily t��Q r�f�forts to date �y i: �e ifiirtnesota E��iviti�on;��ni,al Qualii:y Counc�ii ar�;1 vai11 �ei ti�e yt�ound +n�ori�, for local orcainances. In going throug}� th� prc�?osed r«lc:s and req�Ela-c.ions, there are a few . ar�cas that should be caref��lly 1o�ked at in orc+�r to make this a more effect?vL �,+orl�iny ciocument. . � . . i, � :! . I sl;ron�1 �� urge that th� P1i r��i��esota �i'�v�i r.o«mental, Qual i ty . Gounci 1 ��ok for a�nor, ef�ective fram^i��orl: ��nich vac,u ld a11ow for long ranne � et��ironrnental plani�ing to deterrn�ine overal7 e�f�cts of developnient�on �,' � i�� (�Il��1rc?rlment. The�r�.�les anci regu�atians �tf�at•are beinr, proposed m��y be necessary for stop yap effort;s, hawevei�, they may in the long run be ' clei:ri�i�ntal to the total devel o��„e,�� oi d con�n;�.�ni ty. For 1;hi s reason . � ste�s must be taken for the 1:0�:<� � environmenta1 plan�aing and not just r�'i � I�'i' � a�id n�i ss ur�der• the pro{�osed r�ul es . , I, � ��_ I' ' Exer t from Planning Commission Meeting of December 3, 1975 Paqe 2 I I' . fiealizing that until enviror�n?ental plai�n�ny can be accomplished, 1;he efforts to control env�ironmental enta»gleme�ts must eome by way of some establ�ished rule, and 4��ould. be more efifectively handied at tha1:� level I, ' of agency r.esponsible for the issuance of permits. . 2. Uncfer these rules and regulations, the �ublic agencies are responsib?e ��• for ihc preparat,iono{: the Environi;�enta7 docitrnents with no means of coin;�e��- , � sation to cover �he cost of �;he prepa:rai:ior, of such documents. 3. Under MEQC 26 (a) 4, the Minnesota Cnvironrnental Quality Council may �upplc�»ent the mandatory caf.�naries for an .�n��irarnTieni;ai Assessment Wor'r.- shee�:�•rithouu a public hearin� process. Althou�h a public hear�ng Froc^s; is n�ore null:y in this insi;ance, I fEel that it is a necessary part in maintaininy the control �t 4he local level. � 4. Under MkQC 2F (c) 6, the time perioas are too broad and incon�istent. They should allo�v for sl:raight tiine p�riocls such as "3J days after the ' araft FIS is fi7led", and "... for ?_0 days to allow....". 5. t��EQC 2_7 (a) &(b) are unclear as to �vhatconstitutes a major action of mor•e i;l�ar� local significance. Tnis ti�.ould ma�,e local decisioi�s too o�ei�; to chall�ng�'through the Minnesota Environrrfe►�tal Quality Couricil. I f'cE? ±ha�L this is a very impor�tant area af concern and shou1d be better qual if��cA. G, ��iL � �?_7 �c j 7_, rr_qui��es a judg2mert on th� cumulati��e effects on rel ai:ed or f�it�ur�e ac��i ons . Thi s coul d gi ve very fal se readi ngs due to urn•,ar•r�antec, snecu 1 aii on and sf�ou?d re i ate �� tsel f more to i nducec! effects , as a result of this or otf�er simultaneo�;s actions. 7. P1E�C 30 ;b) 3, ihe anticipated e�vi�ronmental e'Ffects shoulr.l be �so stated so as not to burc;en those persons or gr�ups of persons with deta�ie�i, complex and/or expert tcst�imeny, but si��ould be ablc to be transmitted to 1:rie �EQC ir� laymans terms. T;�is should be spelled out more clearly. fi. ��EQC 30 (e },�;here i s no ti me 1 i mi � p? aced on �he seti:i ng of the public hparing on a challenge for a i�egative declaration notice... 9. h'►EQC 35 (a), no time limit is set for notice ofi permit applicati�n. J�s �revious�y stated, I fe�7 i:hat this type of action base�l on the Min��esota Environ��;e�ii:al Quaiity.Council �,ules an�d regulations shoulcl only be a tEmpor��ry actio� and steps should be taken to encourage environ�r�ental planning as soon as possil�le. . • . jib/de cc: Darrei Glar� Steve Olson f'7armin� C�nu��ission I' ' � .� il .� � � �� ' ' Exerpt from Planning Commission Meetin� of December 3, 1975 Page 3 Mr. Scott said he would like to pub1iclyacknowledge the tremendous job that Mr. Qoardman has again done on this. He has adequately expressed the concerns of the Human Resources Commission in his report to Mr. Sobiech, especially paragraph 7, which was wha� we were specially concerned about. He also expressed the same general confirmation in other paragraphs of this document. The Human Resources Commission feli;that the spirit and intent of this memo; was cer�tainly consistent with the idea of promoting human concerns as a�as expressed by our motion to ihe Planning Commission, after our review of this document. Mr. Langenfeld said that due to a lack of a quorum, the Fridley Environmental Quality Commission had not had a meeting on this proposal. He then asked each member of the Commission to make their own review and to make their recommendations in writing. He said he hadn't received any letters, but he had talked to Brother Sullivan on the telephone, and had taken notes on that conversation. He said the concerns expressed by Brother Sullivan were that he N�asn't an expert on terminology, but he felt the proposed rules and regulations were very thorough. � However, under MEQC 2� Purpose: (b), in relation to the information document to justify an action, etc.� he felt that this. was a guide only, and that the entir� context of this impact statement rules was iacking force. Ne could not see �n�� means of enforcing it. He has indicated his concern relating to the cost to a municipality or to an individuaT developer. He would also like to know the average cost o� preparing an environmental� impact statement. He mentianed that in regards to page 12, under MEQC 27, where they mention "Maaor Action" and "Local Significance", he would like to have these spelled out as they were too vague. This concluded Brother Sullivan's comments. Mr. Langenfeld said that Mrs. Leeann Sporre, another.member of this Commission, was in the aud�ence and would make her concerns known in person. Mrs. Sporre said the views she would express would be her own and �;� Exerpt from Planning Commi�sion Meetinq of December 3, 1�975 Page 4__ not a presentation of any organization pf which she was a member. She 5aid she had looked over Mr. Boardman's memo and she agreed whole� heartedly. The only comment she would have,would be to re=enforce the statement made in item 1, and on paragraph 5, she thought the questions raised were �alid, but the vunerability remains because the State has been 7ax in providing technical assistance for locai�gove'rnment. She said she did agree that we should have some decision making at the local level, and that that was the ideal. However, the proposed rules and regulations pose two majar deficiencies. The rules and reguTations �nclude little or no guidance on the signif�cance factor. To equip the local o,�vernments with the right to decide was ideal, however the thresholds in the proposed ru�es and regulations are set so high that most decisions would not go through an environmental assessment statement. As an example of this, as you look through this proposal, you can see what kind of traffic patterns they were proposing for an environmental assessment worksheet. Those are very major thresholds and those, in effect, wi11 not halt action. She said that wh�n Pau1 McCarron 0 brought the Northto�Nn proposal to the Metropolitan Council, they determined that this would not have enough environmental impact for an environmental impact statement. We now know that this had � significant environmental impact and will have far reaching ramifications: She thought that with today's views, that we would want to go through some type of environmental assessment, prior to commitment. That legal tool was not available to citi�ens at that time. The second deficiency was the need for criteria �.n� procedural review by the sub-powers af th� Enviromental Quality Councii, in other words, a regional board for local governments. T'he document speaks very little about that type of processes. She said she also felt quite strongly that in the State of Minnesota, that they will have to providP more techni�al assistance by the State to the local units of government. She felt this was needed for guidance and should be provided in the ruies and regulations. The decisions then could �I , � . k�.' i Exerpt from Planning Commission P�eeting af December 3, 1975 Page 5 � be based on the environm�n�al data and implemented by the local govern- ment, having that kind of knowledge in hand, before becoming deeply entrenched � in any development. It a�as very dif�ic�lt for the public to get access to information prior to decisions. She thought it should be re-enforced that the state make that kind of technical assistance available. S�e said she�objected very strongly to a section of MEQC 30, that required 500 signatures as an important factor. She said the question ought not to be raised as to �rhether there were 500 valid signatures, but whether there was potential for significant detrimental environmental effects. If one citizen can raise the case, and show just ca.use, that ought to trigger the process. Just think about a town where everyone was employed by one company, you couldn't expect the comp�ny to take a stand against themse7ves. Mrs. Sporre said she felt the proposed ruies and regulations did very little to integrate with� local decision making processes. She said that because the thresholds, were set so high, they have ignored the strong policy statements that were set up by the leg�slature in the Minnesota Environmental Policy Act. She said these . . proposed rules and re�ulations had eroded away the commitment the public had when the MEPA was established. She felt this kind of system was � not lik�ly to inspire an environmental corscience or ir�rease the environ- mental integrity of local government, i� will merely serve to antagonize them. She thought it`vaas rnost important for the state to provide technical.assistance to local communities who,were trying �o get into an environmental planning program. She said that Fridley has asked for tl��s �echnical assistance, «rd to her knawledge, has not received this aid. She thought it was desirable for a community to be self-sufficient, but there were many technical questions that have to be raised. She said it was very common for a lot of small communities not to have a planner, much less a technical.staff necessary to evaluate environmental problems. She said you ha�e to remember that environmental 0 II ' � �. • . • . �� Exerpt from Planning Commission Meeting of December 3, 1975 Page 6 _ r � problems are not confined within the boundaries of one community, but can ''�� cover ]arge areas, and this was where the state concept far the best use of �vR�s Ue��lop��' �_ our resourcesl� She also felt that you shouldn't have to beg the state this technical assistance, b�t that i:he state should be making the effort to promote and encourage environmental planning at the local level. Mrs. Sporre said that in summary she would like to say that she thought the statements Mr. Boardman had made were val'id, but they needed to be re-enforced. She would also like to know if �he Planning Commission was going to make a • recommendation to the City Council on an action, and if that recommendation would then be�ome the position of the City of Fridley? Chairman Hai�ris said she had asked a pretty tough question. Mrs. Sporre said the reason she asked-it was because she.didn't feel that this proposal �had gone through extensive citizen input. She didn't think the citizen s of . Fridley were aware that Fridley was going to take a position�on something that would hav� a long-range effect. She said if the P]anning Commission recommenda- tion was going to the Gounci�l on December 8th and the Council had to vote on it that night so the recommendation could be taken to the Minnesota Environmental Quality Council on Tuesday, then she thought it should be noted that the Planning Commission has not had this document long enough to give it a fair evaluation. Mr. Scott said that f�rs. Sporre had appeared at the Human Resources Commission and had spoken in general terms as she had at this meeting. The Human Resources Commission was in agreement with her presentaTion, and he would support her position, by a�motion, about the point she brought up about lack of review, because there was no.question about the seriousness of this proposal. Mr. Boardman said the City had received this proposal about 15 days before the public hearing date set by the Minnesota Environmental Quality Council, and � , then we were allowed 20 days after this hearing to make our position known. ;I�� . I� � . ��. Exerpt from Planninq �ommmission Meetinq of December 3, 1975 Page 7 Chairman Harris asked what the big.hurry was on all these types�of �hings. He said this happened all the time. He said that everything we got from the State said we had to have an answer back in 15 days, or 20 days. 4Jhat did they think we had in Fridley. He said that the Council, the Planning Commission and member Commissions met twice'a month. He said that these were very important decisions to be made, and we shouldn't hurry into them. He couldn't see why they had to be in such a hurry that they seemed to want to cram these proposals down our neck without giving us a chance to look at it. He said the same thing happened on the Shoreland Management �ct. We prepared a position and went to the pubiic hearing, and all we got was a fast shuffle. Mr. Scott said he was in total agreement with Mr. Harris's statement. Mr. ' LangenfeTd said he had felt the same way ever since he had�seen this proposal. Mr. Harris said the thing that bothered him about this proposal was that ' we have han�led the private s�ctor pretty well, but how about the public sector? The people they never address is the Minnesota Highway Deparment. f�e said to make his point he would bring up that in this kirid of weather, the high4�ay department just loves to go out an� dump all kinds of salt on the highw�ys. That runs off into the ditches, an� from the ditches it goes to Moore Lake, and eventually ends up in the rivers and streams a:nd ponds all over the State. Nobody goes over and slaps the wrists of the highway department. There wasn't one mechanism in thes� propos�d goa7s and objectives to police the highway department, and in his estimation, these were the people that committed the n�ost heinous crimes against the environment. Mr. Langenfeld thanked Mrs. Sporre for her comments, and said he had a few of his own as Chairman of the Environmental Quality Commission. Mr. Langenfeld s�id the only place he could agree with this proposal was on page 8 where they start talking about 50 tans of sulfuric acid, and major mining operation, etc., but he said he :vas in 100% agreement with the comments � - - . . .�„�°.� , � ' � � � � � Exerpt from Rlanning Commission Meeting of December 3, 1975 Page 8 from Brother Sullivan and Mrs. Sporre, especially as to enforcement procedure. He said he felt there was no r�al guide for local government. He said it �ras nat related to decentralization at a11, which awhile ago was their main concern. He said you would h�ve to be a Philadelphia lawyer to comprehend this proposal, which meant that you would have to be a very well educated person to interpret this proposal correctly. He said he felt the environmental assessment worksheet wau1d be an attempt to put on paper a guide to further your impact statement procedures. He said the entire document was without "teeth" or "bite" to it, as far as enforcement. He said he felt that you would defin��e�ly need to have technical knowlege and know-all. He said he could not say he approved of this proposal as it was presented. Mr. Bergman asked if anyone thought the.general intent of the proposed �rules and regulations were good?• Mr. Sporre said she didn't, because the . intent was the Minnesota Env�ronmental Policy Act. This was an attempt to show what that intent was, and �he basic principal of that Act has been eroded by this pronosal. She said when the h1EPA was written, they didn't intend to have an intermediary proposal such as the environmental assessment statement, which would not stop �evelopment, but to go with an environmental inpact statement process which would act as an injunction,'un�i1 an environmental assessment could be determined. � Mr. Bergmar� said he was prQbably not as well informed on this as some other people w�re, but it was h�s understandin� that the environmental assess- ment ��rksheet was a preliminary;�worksheet that must be filled out to determine the �ossible ef.fect, in broad terms, and to determine whether or not an environ- mental impact statement would be subsequently required, and the control was by building permit. If the developer did not prepar.e an�environmental assessment warksheet, so this could be determined, a building permit would not be issued. He asked if he was no� correct in this. assumption that this was the control. ' lJ � , �_ l Exerpt from Pl anni ng Commi s si on Meeti ng of December 3, 1975 PaQe 9 Mr. Boardman said he would try to �larify this. He said that up to this time the Minnesota En�►ironmental Quality Counci] were'dealing on a daily basis with the Minnesota Environmental Policy Act. This Act gave them the authority to review assessments to see if they were going to be an impact or no�. The Minnespta EQC found that in most'cases, the inpact or the assessment that they were reviewing �as already 25% to 50% completed. They then asked themselves t�vhat they could do to push this awareness to a place where it would be known before development started. They decided they had to put this awareness at the place where permits were granted. They want all the facts before any developrnent starts to us� in an environmental assessment. He said to defend the MEQC a little bit, he thought this point was good. They could nat write � into their controls that every building permit in the State had to be reviewed �J , ' by them before the permit could be granted. He said their anticipated approach ' th�9ugh these proposed rules an� regulations was to make that awareness known.to the loca� units of g�vernment, where permits are granted. He said there were very many weak areas in the proposecl rules and regulati;ons as far as controls. lie said he thought this was where local government was going to have to step in ' and say these rules and regulations are fine as far as state and county levels but they are weak as far as local controls. The 1oca1 unit of government will � have to deteti•►nine what controls they need for their local permits, so they are done �in �he same manner. He said some of the protection clauses in this proposal were weak and needed some u�crk, but the idea behind it was gaod. He said ti�ere � � were some things they coulan'i relate to because of the way that MEPA was written. It does allow tl�em to set up rules ar.d regulations, but it does �ot �r�ntthem � �I' the authority to waive this revie�v with an environmental plan. He said he though�t the environmen�:al plan was of key importance, to ,your local units of government as.w�ll as state government. lie said that if these controls were put on without any env� ror�n7e��tal pl anni ng, he thought i t woul d be more detrimental to the total �� ,� � , Exerpt from Planninq Commission Meeting of December _3, 1975 Paqe 10 development af a community than not.having a plan at all. Mr. Boardman said that another thing that really bothered him was that they �are put�ing the responsibility in at the local level without any means for the local unit of government to� cover its costs. We have no means of assessing any property or any developer if we have to do an assessment on that property. It would be our responsibility to d� that, and yet we have�authority to charge anyone for this. Mr. Bergman said the local unit of government wouldn't have to issue the building permit until this 1 all aaas clone. Mr. Boardman we would not have to issue the permit, but we would have to write this addit�ional delay into our e�vironmental programs. We are going � to have to take this a lot farther that what the state has. They have taken it to a certain point, and then they fiave dropped it. He said there was a large � area below .these rules and regulations that was a bi� void. We will have to , make determit�at'ions at the local level and determine what assessment process we w�Q�"ay' would have tc� go thraugh in order to get that programl� It will have to be writ�ten r ' into this progr•�m �that if an assessment was required, we would not issue the permit, until an assessment has been processed. Mr. Langenfeld said if he looked at this proposal as far as it went, he could agree with it, but he couldn't agree to it in relation to Fridley. It was aur goals and objectives that vsould have to f�ll that void that Mr. Boardman mentioned. Ne said we have ta1ked ab�ut this ordinance before, and this could '� �e use�d to pick up the miss;ng element. i P1r. liarris said he was�worried about us, he was worried about them. , Mr. Peterson said he got a little heated on this subject too. Somehow we seem to feel thai: we can get technical adviQe from the State and get expert advise on how to run things. He said the largest single offender as far as being detrimenta1 to the env�ronment, has been units of government. And they are ,'' . �� ' Ex�rpt fram Planning Commission Meetinq of December 3, 1975 Page 11 going to be asked to give Fridley technical advice. Their advice would probably. tell us haw to pollute faster. We are asking people working for the State, who know nothing about the particular problen�s in Fridley. He said that either he didn't understand �rs. Sporre, or else she has talked two sides of the street. 1 � You can't ask the State to run this and send the experts in to do all of these things fo?° us without them not even bothering to get our consent. They are just going to bulldoze. He said that a year ago, he happened to have the priviledge of travelling to Russia. They have the best government experts of any c�untry in the world, everything was run from the central government. They probably have more pollution than any country in the world also, especially in the field of human rights, because everything is run from the central government. He said the.planning goes from the top down. He said in ihis country, we plan from.the bottom to the top. He said he got very upset when we ask the camel to come into the tent, and.this was just what we w�re doing when we ask for more technical advice from the State, more experts, and more people who are more reserved from the site, you are compounding yaur troubles. Ne said he couldn't understand the Human Resources Comm�issi�n endorce�ng this, when it was an erosion of the principals of human r7ghts. � Mr. Scott said they weren't endarceing having the state coming to Fridley to tel� us what to do, what we were endorceing was that the average citizen didn't have the expertise to combat ti7is sort of thing, and because they don't have that expertise, they have to have help. We want the state to have thi$ type of expertise available for the average citizen so they can deterrnine i�F something would be detrimental�to the environment. Mr. Bergman said that maybe the City of Fridley better start establishing that expertise then, because if we want to have cor�trol, then we better have the tools to control the result. To ask "big brother" to come and do all the work for us, but leave us in control, ��►as a complete conflict. Mr. Scott said he didn't think there was anyone in Fridley who wasa� compiete � I, . .� , — ir , ' � ' � , Exerpt from P1annin9 Commission Meetinq of December 3, 1975 Page 12 . expert on the environment. Mr. Peterson said he didn't know if there was anyone at the State 1eve1 that was either. � Mr. Langenfeld said when they first got going on an environmental ordinance, in which they wauld have obtained the assistance of "big brother", he personally did not feel that they would be completely depet�dent upon the State, however, when you have technical assistance and help, that would be readily available, he couldn't see.anything wrong with trying to�seek this knowledge. H�w else'�' were we going to get this expertise? Mr. Peterson said that he understood Mrs. Sporre to say several times, that the State should provide the expertise in for commut:ities. evaluating environmental inpactt� Mr. Scott asked Mrs. Sporre if she would • like to answer this. h1rs. Sporre said that she had said that the ideal situation would be to maxi- I t�iae all the decision making at the local level. She said�there ►�as good precedent e�^ to show that local government � not accountible for their decisions. They operate out of self-interesi, without regard for their neighbor. He said that Frid?ey had been the victim of some of these decisions. So we just don't live in Fridley, � we live in the State of Minnesota. The place where we begin the theory of discretion ' � lJ 0 ' is how do you get local units of government to have environmental awareness. She said she was advocating that the State do the ihing tliat little Growe township cannot do, and that was make available the data. If the data was availabie, little Growe township can make decisions that were accountable to the next generation. She said that for example, when they prepared North Park for an enviromental assessme►�t, they used euery type ofi expert available. She said she thought there was a corporate conscious that would respond to providing an enviranmental assessment, if the data was available. This�data has to be provided early in the planning process. Mr. Boardrnan said they did not bring out the point in the rules and regulations, because they are not, by 1aw, authori- zed to do so, but he thought what we ne�ded at the local level was mandatory planning, and mandatory planning at the state level. � � ,�,�,,� _., , ' �J � , ' �� Exerpt from Planning Commission Meeting of December 3, 1975 Page 13 Mr. liarris said that supposedly they have always had it at the State level, but he was still more worried about that level, than the local level. Mrs. Sporre said they were not trying to get rid of planning at any level. She thought there should be state planning, metropolitan planning, and locai planning, but they had to start interacting with one another, that would make them good neighbors. Mr. Harris said that would be fine. All the communities down the line get on the band wagon and pull together, so what happens. The highway department. goes their merry way, the Army Corps of Engineers goes their merry way. They go down and dredge the river, and they don'�c care where they throw this niaterial. Mrs. Sporre said this was still a deficiency in the proposed rules and regulations. . � � � M�. Harris said that he would like to see all the communities pull together, • but then we have "big brother" who can't even clean up their own mess, coming to te11 us hovr to clean up ours. He said that the gover�nment should lead, not follow. He said we had a corporation in Fridley called the F.M.C. Corporation. '� ' The only permits that Fridley could require from then was for the very small. buildinq sitting out in front. He said that all the other buildings could do � anything they pleased, and Fridley c�u�dn`'i�say boo. We have another plant in that area calaed the Minneapolis Water Works: We can't even go inside the fence ,� , � over t�ere, and they do as they please. It's �he same old story. We can make ' the little guy conform, but how abc�ut the re:�t of them. He said this was his � major objection to this �roposal. They want ev�ryone else to do it, but big government does�'t want to do it themselves. He said it wasn't only this plan, but every other plan, and he thought the 1egislature should be made more aware of this. . Mrs. Sporre said she didn't think the Planning Commission or the City Council coul� address itself to all ta�e problems with the legislation of these ' plans. • � Exerpt from Planninq Commission Meeting of December 3, 1973 Page 14 �, �Mrs. Sporre said that with these prop�sed ru1es and regu1ations, the I�'� staff was ro osin le islation. The have cnanged significantly the intent p P 9 9 Y of the 1egislature. Mr. Boardman said he thought the only thing they could address at this time was l�ow it was going to affect local levels of governinent. Mr. Qergman said he thought that Frid�ey could hand1e whatever this was all about. Ne said he thought there were definitions lacking and you might find some specifics that�need clar�fication, etc., but he had confidence in the City administration and in the goverr�mental bodies of Fridley that if there was. expertise required, tfiat they will develop or get expertise that will tNOrk within this framework. kie said he wasn't worried about it at the local level. He said he firmiy agreed with Mr. Harris in the application.to "big brother", and them keeping their skirts cle�n. He said it bothered him to sit fiere and listen to people say ihat Fridley couldn't handle this because where would they get the expertise. He said he didn`t buy it at all to have "big brother" send down the expertise. He believed that our recommendations • ought to be couched in the atmosphere that we agree that responsibility ought to be provided at the local ievels, and ihat. we accept the responsibility, along with that delegati�n of control, give us the jab, and we can handle it. He thought this was a better attitude �han saying that ti'e aren't competent and nei the7- are they, and tl�ey, ancl they. He said he fel t that the Ci ty could get guidelines and do their job responsibly. - Chairman Harris said t�re are going to have to make some kind of recommendat�on. He wished that they would have had more time. Mrs. Sporre said she felt this ��ras an attempt to put accountibility where it belongs. She said her remarks were not me�n� to be.an attack on Fridley or any other community. It was an attempt to make good neighbors out of our neighbors, �I� . and make Fridley a yood neiyhbor� to oth�r con��munities. ,, , ' Exerpt from Planning Commission Meeting of December 3, 1975 Page 15 Mr. Langenfeld said that in regard �o Mr. Boardman's memo, he was especially � • in agreement with paragraphs 2, 4, 5, 7 and 8. Mr. Boardman said this pr�posai was striCtly a stop-gap measure. They are saying that they realize that there was vaguer environmental planning that has ta be done, however, we don't have the equipment to do that, at this time. So what we have to do was to set up some type of rules and regulations that will try to catch as much as they could. N1r. Boardman said�this was all this proposal was. He said he was surprised that they put as much time and effort into it that they did. He said that this proposa� was no good if there was not a follow-up on environmental plar�ning. All these rules and regulations do was to 7ay out certain things that have to have an environmental impact statement, and there is no actual control at a level importan.t to local units. • Mr. Harris said that if the proposal stays the way i� was now, it would die on the vine for lack of financing. He said OSHA was a very good example of that. They decided it would be a good idea to have an Occupational Safety and Health Act, and they set out all these strident rules and regulations. They put p�nalties and teeth in there like you wouldn't believe. The trouble is that they don't fi�ance it. There was no provision made for financing. It finally was turned over to the State, because when the Fecieral Government was running it., they had three inspeetors to cover a regional � sta_te �rea. . Mr.�Boardman said this ��as exacly wi�at was happening herP. They.didn't have either the manpower or the money to handle environrnental impact statements at the State level. Mr. Scott said he agreed to what had been said about "big brother". He said that we have_hired these "experts" and now they are running us. He still had a concern that for documents such as th�s, som� expertise would have to be available, so how can we combat detriment;al environmental effects, if we can't talk in their terms. � � i� . , � Exerpt from Planning Commission hieeting of December 3, 1975 Page 16 �Mr. Peterson said he wasn't advocating that Fridley be an island unto itself. He said he just did nat have the conf�idence in central government dictating to us what was going to happen. He said Russia had.more planners than any coun�try in the worlds bar none. He said the reason for the gr�at , pollution there was because there was no check and balance. He said when you � give the right to the State for mandatory planning, we give up our right to checks and balances. We maybe don't like law suits and they might be expensive, ' but they are an effective check and balance. He said we haven't developed anything better than that. He said that if you set up a court system within the bill � itself, �hen yau even do away with the judicial review that we now have. This � � is whai has happened with OSNA. There was no judicial review within OSHA. You are guilty, because some inspector says you are guilty. �Three people can � interpret the same law diffierently. Ne said one gets caught for this, one gets caught for that, and the other one is let go. He said that when they set the ` rules, the regulations and referree the bali game. Ne said this was why he ' � � objected to bringing in expert people to tell you what to do. He said they may be experts i�n their own point of view, but th�re might be other peopl�,wf�o„ disaqree, whose opinions might be just as valid. Mr. Boardman said when he was talking about mandatory planning at the local level, he was talking about all communities having mandatory planning. This would give us a handle on what other communities are trying to da,and how it could affect us. Without mandatory planning, we have no idea what' another community �vas going to do. Mr. Langenfeld said that if�these rules and regulations were accepted, then the City af Fridle� and all other communities would have to go by them Mr. Boardman said tha� they arere very vayue at the 1oca1 level, so our rules and regulations could be more restrictive at the local level. He said you can't use this as a guideline because ti�ere were no guidelines as to what �� Exerpt from Planninq Commission Meeting of December 3, 1975 Page 17 was significant. Mr. Harris said he �didn't see how the Planning Commission could make a recommendation even after having spent this much time on it. Mr. Boardman said they were going to have to make some type•of recommenda�i;On. He said this wouldn't have to be on the proposed rules and regulations because they weren't going to affect Fridley that much. Mr. Harris said we can say that these proposed rules and regulations are deficient in some areas, and then they will ask us how they could be improved. We haven't had time to come up with the things we would really like to see in this proposal. Mr. Boardman said he didn't think the process would bother us too much, but there were some major point that should be brought out, and he thought they would have to be brought out to the MEQC. One of the major points was the Environmental Planning� - Another was the cost factor. He said he thought there should be some means that a local government so that they could assess to cover their costs for� preparing�an environm�ntal assessment or environmental impact s�atement. Mr. Boardman told th� P1anning Commission to check what were Mandatory categories for Environmenta1 Assessment�wov�ksheets at the local level (MEQC 26 ; a,3.). There was no cominitment for a community to go any farther than this. There was no commitment as far as drainage. Ne said the points orr mandaiory plannir�gy and that this was binding on all communities , another thing was to determine what was a major enviranmental action, and how can ��ve determine what envirormental significanr.e is. Mr. Langerxfeld said he tho«ght the MEQC should be made aware just how difficu1t th�se proposed rules and regulations were to evaluate. He said they weren't prepapred to make a recomnienciation. Mr. Peterson said that he thought they al'! had the same basic concerns, but there was wide divergence of how this could be accomplished. . ., � Exerpt from Planning Commission Meeting of December 3, 1975 Page 18 'I� Mr. Scott said they should have had time to work these problems out. ' Mr. Boa.rdman said he had been working with this type of proposal for some time �nd he did feel quite strongly about the points he had made in his memo. Mr. Peterson said that we all agree that environmental control was ' important. MOTION by Scott, seconded by Peterson, that the Planning Commission suppor-ted the points made in the memo from Jerrold Boardman to Dick Sobiech dated November 25, 1975, but we feel the implica:�i_ons� of this action have serious long ��nge connotations that were net adequately addressed in these rules and regulations, and we feel very strongly that we were not provid�d �vith adequate � time in which to prepare a proper position on this proposal, and remonstrate . the MEQC with not allowing us enough time to fully study this proposal. • Mr. Lang�nfeld asked if it was possible to give Mr. Boardman permission to go through these minutes and put the Planning Commission concerns in outline form and submit that to the MEQC? He said tl�iese would just be the major points of dicussion. Mr: Boardman said he would write up an outline for the State. The other members of the Planning Commission concurred. ' UPON a voice vote, all vating �ye, the motion carried unanimously. Chairman Harris said he just �idn't feel that they had done a proper job on this proposal. , ' LJ ��The Mimates of. the np,pea.l , Commi �sion MeeLir.c��t Septembc�r 1G, 1975 Pac�e 9 Mr. biattson er.�lained the elevaLions w�re verified anc� it was .£ound they are correct and 3.t is felt therc� woixlci be a distinct prob]_em with the curbing. iie said the water would b� secping into the building throuqh the �joints and this building is not d�signed to }iancile this. � � J9rs. Wahlberg asked if i�here was any curbing there now. Mr. Sclunidt said there rrasn'� because th� ordinance did not exist at that time. He said they are asking to le� the�n forcjet about this curbing. Mrs. Wahlberg asked a.f tnere has been any seepage now and r�9r. Schmic?t said there hasn't been as the water has a chance i:o drain away from the structure. i•fr. Kemper asked if there was any type of concrete abutment existing. rir. Schmidt there �vas none as this is us�d onl.y as�an acc�ss ar.ea to ihe parking 1ot. I�lr. Mattison statnd that to prevent seepage if the curbiny had to be installed �aould require insta'lling a real elabo.rate drainage sy�tem. P•ir. Schmidt said they rave insi�all,ed storm sewers to catcl� the �aater fr_om the rc�of because there is no way they can. get ri.d of it because of th.e dif�ereni: levels. Ne added the curbing 4�ou)_d ca.tch t7ie water and change the drainage. �" Chairman Drigans said the hardship is i:he expense Lo change the parking lot level. He asked ��ihat the condition of the grass area w.as and Mr. Schmidt said it is kept up very nice �3nd there is no driviny on it, Mr. 7�Sattson said there is a strong demarcation m.a.rk that pr.ecludes people fram dr.iving on S.t. . ' MOTION �y Kemp�r, seconded by Gabel, to close i:h e�ub].ic hearing. Upon a voice vote, there being no nays, the motion carried. � � �. � r;rs. 1�lahlberg said she felt that Mx'� Sclunidt had throughly stai�ed the hardships imTolved in eliminatin.g the. problem if the curbing was to be installed. }�;OTION r�y �vahJ_berg � seconc�ed by Kemper, to zecomrncnd appraval of i�he variance to ' waive installing the curbing along the existing parking lot that is alang the south side of the structure. [7pan a voice vate, there being no nays, the motion carried. ' 7. nISCUSSION ON ?�]'�'.PERI�?T�TIVE I�1�7'FiODS FOR P�'.00ESSING VARIANCE APPLICATIONS Chairman L�ri.c��.;zs informed the Board that it has been suggested by various people �' that ar�y process by wYiich t.he City cou.ld spe�d u� certain variance applications woul;� enhance tl�� building season in Fridley. He said specifically the area i-hat the Board should coric�rri� thc�.nselves �vith is the residential structux�es that ' .are curre,ltl.�� existing e�i�ere th�y ��rop�se an addition of living area or a garage addition. lIe sai.d the pr�cess now, with the reorqanization af the Commissions, requires that all rec�uests from the Fppeals Board �unnel through the Planning ' � Gonunission and then i�o i:ile Council. fie said it does delay the approval proce�s consi,derably and that may nnt be a11 bad bat in,residential areas maybe this Corcur�ission should �OO�L at alter.nati.ves and make a recommendation to the Couiicil. ' �ie said tlieie was a time wlien the i3oard had final ap�roval on variances ancl to make t}ie petitianers wait 3 ar 4 weeks for fin�:�l action is puttinq the City in . a bad light for a G inch variance. He said pea�.le don't appreciate that. , Chairman Drigzi�s said his recommendation is to allow this•Commission to grant v��rianc:es, on residenti.��l proge�_ ty, that had L-Ile unanimous approval of the Commission, axld no o]�j.^_ct:.ions from anybody, public or i�hc� administration or the C�.�nunission, and t1ia;,:. i� thel:�. were sti.pul.aLioiis at�ach�d to the approvaJ. that everybody agreed to th�m. He said where those varzances were granted, the people 1 - �. � The Minutes o£ the �ppeals Conunission Meetinq of September 16, 1975 Paqe 1p „�ould be allowed to build and to get Council approval after the fact. He said , variances,that had objections to them by anybody, orould not be automatic, but � would l�ave to go through the Planning Commi.ssio� with final action by the Council. � Chairman Drigans added that the public h�aring would be held and the adjoining property owners notiiied, and it could be stated on the public hearing notice � 'that if the proposal was discussed aizd approved, that this was the final action. Mrs. Wahlberg said there is a difference between new and exisLi.nq residential • structures and those other than residenti.a�.. She asked Chairman Driqans if she was correct in sayinc, that the Board wouid )_iY,.e to ma},e the recommendation thaL- � the requests for variarices to only existing residential si�rucL-ures wou].d zeceive final. approva]. if the Board so decidcd� Chaixll�an Drigans said he thought the � Board shoulci nc,t. c�ncern themselves wit'h the industri�.]. so ,much but worr.y morc about the resider�ti.a]. because that is wher� the real haxdship is, where the homeowr�er kn�c:�s notkia.ng about the pagerwas�k. anc7, ti*r�e S nvolved i.n processi,ng the ..applicai�ions. He s«id people somE�iine dc� no., �vei� knovr i�hat they need a buSJ.dinc� . permit and same w�nt to gE-� it dane in L-he bui_J.c�inc? seasor, ogpased, to a contractor. in the busin��s who kno�e*s the CodE and, whcysc }-aucinesv i.t_ zs to knok* the proc�dure to go tY:rau�h F Mrs. Gabe"1 asked if the Baarc� c�a�.c� safely say R-1 only, �that wauld include nEw and existing. She said if that would be the case now, �he two requests tonigYit on the foundation�f coul.d hav� gone ahead� � Mr. Kemper sta�ed the residen�ia� variances a117.y have small. axea� that they a.ffect � whereas indust�ia.l varia.nces affect the who1� City. lie aaa�a t��t the Council in mos� cases,� has qane along wzth the Board`s �pinion. He said �.f. there wauld be any abjection from the publi.c, administrati.on or the 33oaxc3, then it would have to - go tnrouqh the Planni..nq C�nur�i.ssion and tti� Cc��zlcil. � ., ' � II' Chairman Driqans ask�d what the admini�t-rat3.on`s fe�l.ing �aas oz� t:his. Mr. Mattson , said the admi.nistratiai� came up with three possil�J.e speed. up pxocesses. He said #1 wou�d be t� chanoe the order arour�dr b�tween the Pl.ann�,ng Commission and the Appeals Commission so that while the publi.c hear�_ng notice� are bei.ng sent out ta the adjoining property owners Lor th� public h�aring 3�efore i.he Appeals Commission, the request is going before t21e Planning Commission for consic�eration. He said #2 would be ta give the Boa�d final say on vaz;iances uncler_ specific instances. He said #3 would be to give the staff power to approve variances in certain circumstances i.i' they could get a letter of no objectian signed by all the aifectec� neighbors. Chairman Drigans ask�d the Board members if they caould feel any undue pressure ii they knew that if they objer.ted to a variance, that it would delay the pe�itioner 'by 3 or 4 coeeks. He said naw it reaZly doesn`t delay tlze applicant if a member votes nay, but if the new pzocedure was accepted, it would make a difference. Mrs. Gauel said she w�uld not feel threatened because �isually as a whole,the Board agrees on the final action, rirs. Wahlberg said that it would be one sure way of having another Commission review the request if you felt you have any questions that need to be looked into further. Mr. Kemper said he would agree with that procedure. Mrs. ��ahlberg questioned the #1 procedure for saving time, because it wouZd depend on when the applications were su}�mitted. She said it would not save time if the application was submitted a day after the Planning Commission meeting. Chaii-man Drigans questioned the #3 procedure as he said it would be very hard for the adalinistration to say no to people who th�y came in contact with daily, such as cantractoxs and he felt it would be easier ior the Boaxd to act on the requests. . � t, The Minutes of the 1lppeals'Commission Meetir�g of. 5e tember 1G, 1975 Page 11 ._. _ .--- , , Mrs. �•7ahlberg said this would put n;ore pressure on the pe�itioner also, as he would ' llave to go around getting the signatures, and L-his could take more time if the adjoining property owners lived out of town. Chairman Drigans said he fe�lt the clean way to handle the applications for � 'residential areas is for Lhe ApPeals Conur!issi.oi: to grant the variances a.f there are no objections i'rom anyone. Chairman Drigans stated that in ai�y case, the City Code should be changed to shoca that the adjoining property owner_s slic�uld }�e notified 10 days ahead of the meeting. Mrs. ��ahlberg asked ii the proger pzocedure would be i.o make a recommendation to the City Council to chaizge the procedu`e and to change Lhe wor.dinc3 of the Code or. would this also have f�o go to the P1�3rini.ng Crrnn�ission. Chairman Drigans ielt it should go to the Planning Commission and tl-�en i.o the Council. Mrs. Wah].berg sa5.d the adminisY.r_atic�n may not� concur with the I�ppea).s Camri�i.ssion's recommendation, as they may want �o have trie final s�� i.n samc insi�azzcc�s. Chaiz�r�an DxYqans sta�e.a the f3oard sh�uld lis� the �.tc�ms they ar.e concerned �•.ith for residentiaJ. areas.as opposed to corrmiercial and industrial. � The Boar.d agr�ecd that their r.ecommer�d�fiicm �,�ou�c� 1��; To reconunend to the Pl��,nni.ng Commissi.or� anc� f.l��c� Counca,�. that the I��Peals Comircissi.an be grar,ted tl�ie power i.c� qrant v4riancc�� in resa.denti.a.l. (R-1 2oni.ng) areas under the following canc�a,tioiis� � 1. Where there is unaii�m�us 2. Where the st�.f� cor,:GUrs 3. Z�here the generat public have no objecti�ns 4. Where the petitioner is agreement oi the I�ppeals Commission with 'che recc�mmendai:ion ot the Appeal.s Commission attending t}�e meeta.nq or respandinq i.a the notice in agreement �aith the r_econnnendati�n That i.n those case� where aiiy of �he above disac;r.ee, that ihe normal procedure of the reque�t going ta the Planning Conunission and then ta the Council for f inal detex�ninatio� would be adhered to� Chairman Dxig�ans stated that if tlze Council concurs with this recommendation, it would be necessary to amend OrdinanCe #584, Section 205.18 alang wii�h an amendment to the ord.inance which retlects,tha� written notification be sent to adjacent property ocaners, a.nd that a ti.me frame be put on the notif.ication {10 days priar to the meeting},and that a distance of at least 20Q feet.be used for notification. Mrs. 47ahlberg added that if the Council approved this conce�t, the public hearin�g notice shou].d state that ihe Bozrd will have the final decision. 8, BILLBOARDS Chaizman Dri�ans informed.the Boa.rd i�liat during the last two meetings, the Planning Commission has been reviewing billboards, and for the most part, the recommendations have been to grant the special use penniL-s for continnance of the billboards with the stipula�ion.that the time limit coinci_des with the expiration of the lease. Tt was brought to the attention of i�he Commission that there has been some concern �xpressed by tlic new members on the Planning Commission t}iat billboards liave noC been discussed at any other commi�sion .level. Tt�e Appeals Commission would like to point out that there have been many discussions during the last 1 i�o 2 y�ars at the i3oard of A�pea].s subcommittee leve]. coneerninq bill.boards. In addition to billboazds, I� � ' ' ' ' ' Planning Conm�ission Meetinu - October a, 1975 �e� � Appeals Commission minutes �of thc Sept�mber 30, 1975 meeting. Upon a voice vote, a11 votiny aye, •the moL-ia� � z?c. �unanimously. . a. Pla m�ing C�m�ission rec mmenda�tion on Appeais Commission alternate pr°ocedure for handii.g variances n residential prcperty. Mr: Drigans sai this had eer�.discussed at the last Planning Commission meeting but no recommendation ha made. He said that they were asking that Ordinance No. 5II4 be amended to include this recoinmendation and aiso to include something that had just been policy before. This was �he�notification of all adjacent property owners w-ithin 200 feei: of the variance location. � Mr. Drigans said the problem was the amount o�F time it takes to process a variance (about six w�eks) and this was a particular hardsliip in a residential area. The Flppeals Commission felt this was a particular problem for people who did not kr,ov,� �the procedure to follow when they �aanted to build a garaye or an addition to their ' home. These pe�p7e are usually not.in the construct�on trade, and they want to modify their residence in some v�ay, and are usually going to do the job themselves. They dra�rr up their plans, h� ve the financing, anci then c�`ne in for a building per�nit. Theri �:hey find out they �need a variance 4dhich has to be approved before the building permit can be issued. ��hen they find out they vrill �have to wait a�mi�numum of si�•weeks �to get ,variance app�oval it c►°eates a 1ot ot animosity. Residents reit they were being harassed by the administrative stafi'. When they appear before the Appeals Commission they usualiy say they didn't know ti�ey would need a variance. � The Appeals Commission felt there were some variances the Appeals Commission cou1d make the final decision on. These would be on residential propel°ty (R-1 Zoning only)�. Al� other zoning districts would go through the normal procedure, in order for the Appeals �ommission to give finai approval -four things �vould be necessary. 1. There would have to b� unanizi�c�us� agreen�ent of the Rp�eals Commission. '.2. The staff wo!.�1 d liave to concur w� th the recommendati on of the l�ppea] s Com�ni ssi or� 3. The general public a�ttend��g the meeting �r responding to the notice of �;he public hearir�g wo��ld have no �bjections. � � 4. The p�tition�r q�rould have to �ae in agreemeni with the �ecommendation. Tf t�ere was an�� disagreement, the variar7ce a�ould yo through the normal procedure, and wouid be fo��var�ed to the City Council for.fina�! recommenda�tion. , � Mro Peierson said re thought the recummendai�ion was a sound one, and one that he agreed with, bui: he was curious as to �,�hy staff agreement was included. In his opinian, the sta-ff fu��cti on 4•das tU adv i se and carry out, and ��i th thi s recommendati on, the �,p�eais C�m:�Tission evas giv�ir�q si.aff line respons�biiity. He said he got nervo;�s and upset about c�iving stafi� line responsibilities beca«se this tends to take staff out of the relationship they were supposed to have and puts i;hem -in the.area where the Commission and genPral public are sup�osed to bP. • Mr. Drigans said the reason they included the staff was the �act that the stafif ' deals with the build�i,g code on a daily basis. 7hey know what variances have been granted in an area, and wf�at type af variances have been granted before. Their �unctiort �was one o�f review to see ifi so�t�el:hing ��.as a consis�;ent variance:. They I�ave the records. !ie telt tliat sta�f inp�,t was good input and provided anoi:f�er check and balance. '' M P terson sai d!ie � ul or � i on nd ion ei ther wa but i f the r. e yo d supp t th s rec me at y, ' , . . . � . ' lJ � � � � , ' � ' - � ' c ' ' Planninc�Comn�ission Meetinc� - Octaber 8, 1975 Pa�e 4 , Appeals Commissi�n agrees on a variance unan�im�usly and the adjoining neighbors � �oncur, he thouylit this was all the checks and balances needed. . t�ir. Scott said he su{�por±ed the recommendai:ion. !-�e said that he noted that under the section Project Committees, this section of -the ordinance did not have the stacemen� that the pr�ject committee shall be chaired by� a mernber of the Commission. He said he would like that statement taken out of the ordinance for the Human Resources Commission. � . Mr. Qoardman said this was an oversight and �ould be added to the Appeals Commission section a�ong with the other amen�ments. Mr. Scott said he would still like to see this .sectio;� taken ou� of their section of the ordinance. They have so many praject committees go�ng that this stipulation ' only allow�d the Commissioner to give "tokenisr�" to the pr�o3ec�t committee. He said that most of their project committees meet wee�ly, and each Commissioner was involved with more than or.e projec�. committee; so this was creating a real hardstiip, 1-ie saia the reason they l�ad asked to meet twice a month was because the second meeting was going �o be a Human Resources Forum mceting, sc they cou1d get reports and give direction to the projec�: committees. He said he had no ebjection to a Con�missioner acting as�liai;on ' Mr. Boardman said hE i�rould try �:o get this r.equest on the�conference,meeting of ihe Council, and Mr. Scott could discuss this with the Cour�cil a� that time. Mr. Peterson said�he agreed wi�h P�1r. Scott, because the Commissioners from Parks & Recreation dian't feel they had �this much time to give to project committees eitner. 1dOTION by Drigans, seco.nded by Scott, that tl�e Planniny Commission recommend to CounciJ. tl�at Oxdinance No. 584 be amended to include the recommendations of. the P.ppeals Commission from th�ir meeting of .September 16, 1975. Upon a voice vote, a13 �voting aye, the motion carried.unanimously. - � Mr. Scott sa-id he should have br°ought it up at the time the Human Resources minutes vaere ��eceived that i.here was a recornmendation that the traffic hazard presentc� by Qurlington f�orthern's electrical signals at the s�,�itch yards on Northbound ' East River Road at nigrtt be brcught up at the �lai�nin� Commission meeting. Mr. Sco�:� said maybe stai'f could check on this. ! 1 � .' , ' RtCEIVE COMMUNITY DEVELOPh1ENT hiIVUTFSa OCTOGER 1: 1975 � Mr. Qe�°�man made some correc�ions to the Goa1s and Objectives of the Community Development Com��issio�� for cl�rification. (*I�ote: These c�rrccted goals and objectives wi 11 apnea�, i n next agenefa ). . MOTTDN b� Berg�nan that the Planni.ng Commission receive the amended goals and' objecti�res of the Corununii:y Developu;ent Cc.runissicn. � '. Mr. Drigans sa�i.d point of or�er. He said tha�; as the5e goals and objectives wvre goirig to be discussed later on in the agenda, they should be received then. 11r. Bergm�n revised his mo�ion, seconded i�y Scott, tl�at the Planning Commission xeceived the amended Cornmur.it� Develorment m.inutes of the Octob�r .t, 1975 meeting. Upan a voice vote, a11 voting aye, the motiort r.arried unanimously. � , ' . '�.'m`^i�� , „ L .�.„.� .. I'�� ' � ' ( � ' ' ' 1. I',' ,; �I ''' � Planninq Corn,nission Meeting - October 22, 1975 �•��_'� ' Paqe 10 i t l�J1S, 711 the bcst in terests of th� C�i ty to cooner�te wi th the Chamber of � �ornrnerGe to the fullest. � Pdr. Pei:erson said that as a member of the very inactive Industrial Development � Commissi.�n, he. just <<�ondered �vf�at happened �Lo it. Fie said it would seem to him � that if the Planninc� Comn�ission felt that inciustrial develo�ment ti�vas good, then ii: ��aas more impor�:ant tha�. to be � project committe� under C�rranGr,ity Development. t�ir. Roarciman said he �•,as not saying that this should be a project committee under the Cor�ununity Uevelop��ent Co,nm�ission5 b��t he �;hought a lot of what they did could- be hancll ed Uy t.hc Criamber of Commerce�. Ne 1:!�ougnt what a project commi tee for ind�,s�tr�ial developntent should concern ihemselves t•rith vras tax f'inancing, etc., �o e�3courage ind!astrial develo}�meY�t. Mr. Pe�;erson said. tha�: one o�f the companies he had tiva�°ked for had been interest;ed in moving their.�company, and the haphazard way �his I�ad been handled had really t�een an �ye-openei° to him. Ne didn't think it 4;��s any ��ayto encoiarage industrial development �in Fridley. Ne said that ii� some�Ehi ng �•�as good for the Ci ty of �ri dl ey, then i� siiou'I d be structured di i ferent1 Ne said th� ChU��ber of Commerce had no au�;hority to act as the official represen�-- ative of Fridley, per se; because th�s was a non-profit organiza�io�i and it has athEr thin�s to dc. It's mai� funct�on �.�:�s to encourage the businesses that were already in exis�tei�ce. • hirs. t�!ahlb�ry s�:�d she did no-� think it was up to the Pianning Cammission to es+abl i sh ar� In �us�rial Devel opment Carr�mi ssi on . That woul ci be up io the Ci ty Counci 1'� . Mr. Aeterson said that ��as trup, �ut h� also thcught �the P1anning Commiss�ior� shou�d be taning a stand as to ti,�hether industrial development was goad for the. City or f`riciley or not. h1r. Sco-t� said this could still be a��roject eommittee to he;p for„��7a�te a polic��. . �. M�� Nart°i s sai d he ��;cul d� i ke� to mee� wi th Mr. Dunn and i�ir. P�i ttpl stad� to �ind out �cheir thinkirg on tl�is prot�len;. Ne asl:ed Mr4 Boa.r.ciman t� caordirute a" meeting �t�irn�, and to le-i riim kna�� t�rhen he could n��et �ai�:h them, Mr< �13oar�n�an sa i d he �•�oul d do tha.�L. t�r. Pe�erson sai d he di d no � thi nk i t��ras necessary for l��r. i�ii ttel stadt t� b� at this particular meeiing, because his term a��as canc�lled at the same time tha�t P�ir. Pcterso�'s ��as as iar a; being chairman of the Tr.dustrial Qevelopmeni: Corr;;��issi��. He �ti�ougi��t h�r. Harris sf�ou1d just mee� �-Jith hir. bt�ni�., and h? d�idn't think tl�ey ��oi�l�i bL reaciy to discuss this w�itl� COUnCII d�:,�;h� me�-�ing ofi October Z�tn. � _ . �ir. Roardman said the i��forma�ion th�.y 1ver� iook�ir�g fon from the Project Com�ni i:tees tivas a way t:o iiial:e some th� ngs easi er to do ; and otfier thi ngs rrore � d�; ficu1l: tc do. 1�e t�aan�� the�� o t{�c research, aiid `'i;hCl'� r��ake a recomrn�nd�;�tion. hir. Peterson said that if the Council �=�as going �o cansider the deletion of� the statcment th�t every projeci: cor��mittee h�d to be cha�ired by a Commission � member, then he ;:houghtyt�e �l'�a«ninq Comniission si�ould take a stand on this recon�menda�:�ion. r1UT�I'GV b� Scott, secoladed by Pctersvn, tiic�t to t.oc�ncil delcta.on of t:t�e las� sente!�ce� under. th��t eac;1 project cor^mittce mi�st be ch�tir�d 1�y . � . . � , • � tl�c: P.Ir.r.niny Commission xecom�rer:ci ��rnject c.ornriitttee, wtiic}1 stai�ed a metr��z of th� Commiss.ian. � � i�� 1 ' ' ' ' � � �J � , _'. Pla�nninq Cammission PM.eting - October 22,'1975' " ' " � Page 11 Mr. Langenfeld said the Environment�l Commission has alreacly made that reco��;mendation which would be reflected in their minutes. � Mr. Qoardman said that at this �ime he was not prepared to make a formal staten7ent. He ��rauld have this prepared before f;he C�uncil meeting. He said he tti�oul d not haVe any probT em ti�ri tf� el imi nati ng havi ng a mcmber of the Comir'i ss i on bei «g the chai r.persan, bu � he ��-1oul d sti 11 1 i!;e to see a 1 i ai son connecti or� bet�•re�c�n the Con�nission and the �rojec�: corr;;nitt;ee. The reason he would l.ike to see�tfiis rr;as num!�er on�, i� gave the ci �:i ;�en group a persor� to contact so ichey ►vere not wasting their tir7;e on a lo�. uf things tf7e actual Commission d�id not want, anc� number �;��;o, by not having a lia�ison connection bet�ve�n the Cor��mission and project commi�Ltee, you are ��i�,sting the Commissian's t�ime too, by having the enti re praject commi ttee repoi�l;i ng bacE; to the ent.i re Commi ssi on, t�1r. Scot�. had tti,,�o ct�iar�s, ant �hr�v��i►iq 17aw ��raject corn;n-ii:tees i�vould ��rork t�ndei�' the �resent ordin�3r�ce, and the othc�° chart Si1Jt�J111Cj �lat4 �f1� projec� co�7ittees coulG work t�r��fhoiit tr�e siatempnt that a iT�eml�c�r c��i a Comm�issic�n hac� to be a Chairpersar� of a projec�: camrni-c�ee. N� said he woulci Le presei�ting th�s at the Counci�1 mee��inc�. i�ir. Peterson saict rle wou�d �ike to sp:.a.k �in i=avor ofi' the mo�:ion. hle said the °ar•ks & F�ecreation Cornrrissic�n �-rould 1ike �to have abou�t 70 project committees. If a me►r�E�er of thE C_r,mmission lia.d to chair a rr�oject C0111?111t�P_�S he E:ne��r as a practical mat�ter�, th�at they tivould not be willir�g �� c;o so because �hey ��rouic[ no� have the �time. lf this statemer�t t,ras deleted, �he,y coul� appo�nt a citizen tn �r�air a-p�°oject cammittee, ar�d th�y Gcfu1c� br�ing the rcpor�� back �o the Parks & Reereati�n Commission. . � � � hirs. G!ahlberg asked ifi it ��rould be �oss�ib1e �'i.a char7q� the sta�emen� to read " Thc chairman of a proj�ct con��ittea ma�� be a Gommission member". This woul� r,ot 1i��t it�to a ccmrrission ,-��eirher on�y. 7his way, if a Ct�r,�m�iss�ion memb�r had a part;i cul ar i nterest � r a prc�j ecf commi ttee 5 he i7ii yh-t choose i�o chai r the meeti ngs. She said she agreed vrith �1r�. Baardman tha� tr�e C011l'il1SS1011S would lose a degree o k cantr�l ��rhen yau di f-ruse the vari otas commi ttees 5 b�cause thef�•e �ti�as a. certai n� arnou�t of input i;hat th� Cominission rnernbcr c�uld bi�zng to a pra;ject committee. Mr. Langer�feld sa7cl i�e couid foresee a prublem for• the Hur,ian Res�«rces C�mmission in going too fasi ar� takir�g an toa mucfi a�t �ne t�ime. Mr. Scott��said it toek a lo� o� researcl� for each �rea in �ti�hich th�;� have coticerns. Ne said they have established 8 br•oad areas ��rhich vrer� developed at the�ir seminars. ��ie sai d they wan � to fi nd someone to i nvest�i ga�te day care c�nters . They ��oul d 1 i ke to t�ave a co�rmi tte� f�t� the probl eir�s c�f sen i or ci -��i zens . He menti oned �t.hat th i s group h�d �o qui� meeting at Gity Fiall because tney couldn't get in �nd out oi the faci1ity. He said they ��rere also concerned about having some input about hel{� for the mentally retarded.in Fridley. He said tha� all these things needed res�arch and ilie citize�;s ��JilCl would be ��or;:i►?g or. th�se concerns, and the ott�er ar2as tliey wcr� airead,y 4�,�or�:inq on, ��o��ld be making ti�e�ir reports at the second m2eting of the Coirmi ss i on eac�l�month. He sai d��hat i�oul d be the 1 i a � son and i t froul d al 1 ot�� the different graups to i�ave ir�terface vrith each oi;h�r. Mr. Narri s sai d they shoul d�vai t��nti 1 tl�ey ha� met wi th the Counci 1 to get. their input on this quesi:ion. Mrs . tdahl berg ask`d �1r. Scott i f he woul d�be ,vi 11 i ng to amend hi s moti on , so ttiat instead oF deleting i;he sta�ement, to cf��a;�ge the sentence �o read, " The pr�je�t conuni ttee inay be chai red by a niember of the C�mmi ssion. ° ' ' ' � . . � ,�_� - ,• , �.4 � '� � , � i C �J lJ � � � � I� � � iann �nc� commissic">n ��eetiny - October 22,_ 1975 � "� Page 12 Mr. Scott said he �rould WITNDRIIW•his motion. Mr. Peterson said he aiould WTTHORAtJ his seeond. 1�lOTiO1V hr� ScoL-t, sc�conded b� I'cterson, that the Pl.annzng Co:nmission reconun��td �o Council tlz�zt in �hc section of Ord.inance No. 584 that deals with projec.� comr,zittees, that the last paragrapl7 h� changed to read "Thc� project committec may (del'ete s1�a1Z) be chaired b� a rncr;cb`r of the Commis.sion. Upon a voice �voi�e, Scott� Peter.s�n, I;arx.zs �rid Wahlb�rg voting aye, Langent'e1d abstaining� the moL�.on carri ed . • • � ' � � Mr. Langenfeld sa�d he abstained from vofiing because the Fnvironmental Con;mis- ! s i on had al r: ady vot�d to have tl�� sentenr.e de'i eted. - � . PLA��idING C0� �i ISSIOiJ REVIE,�! .OF_CGh;MISSION' S GC)ALS AND OBJECTIVES Chair�rnari Narris said they �vou'It-f ;�Uri �th�is ��eview w�ii:h the �oals anct objectives� of the Er7vi►�anmen�al Commissiar�. , .�'ir. Langer�feld saic! the Statement of Pur�ose �vas an introduction to the goa�is and objec�:i��es. t�frs. tdahlberg asked ��fhy this statem�nt d�ic;rz't read °The F, -�dle Envi�onm�r��ta� � Corr�ni�sian rccognizes that indivicival� , � y � .� ��r� r►o�C se�purate f'rt�n� t:hei r e.nvi ronment. ....; She said �he statement.which rec�gr�izes that 111di"r is not separate fro�i� his env'irar,- � me��: F•ras �eaving out half �Ghe populztion. � � Nir. Langer�f�ld said he thc,uyN�t same afi �he Urords sliould be defined. He sa�i� ` biosphere n;c�ai��t a'!1 li��e cont�ined in an arPa. Mr. f3aardman said that ste��rard�;;�-ip meart a constant tv�tcfi� �rr. E3oardr�iarf said �l;ha� env�i3�onr�i;�n� ��as �hc toi:ai surrou;�d-: � ings anc� eco7ogy t�f�s �!�atural habiia�� . . . �. t�1r. Harris asl:�d�vahy this 4�tas �not stated so �tha-� evPryone could undprsta;�d � ito t�r. Langerfeld said tha� in Go�1 2� the objectives cauld have been.condensed tc� only f, but there ��ere otl�►�:rs tNh4 �;IIQUO}1�; �I�E acfdi ti ona1 �Dd� S. 4�'ere impor�ar��; en�ugh to add �:o goal 2� � . ; . � �� ' - � Mr. Harris sa�d he had a problem ��rith i. �fh�is state, "to foster innovative � co^�nuni�;y desic�n". He said that ir,nouative u�sign ��ras a catch-all phrase for ` som�thing that �vas r�at f�ere y��, and may rev�r get here. ` . � r Mr. �farri s sa�id hE� 1 i ked the ob�iecti ve .ni, unde�� the second qoal ."En�ure �more. k , erfect � ve ..ci ti ze,n parti ci pati o;� i{�rough such measu►�es as a��{cquate publ i c nati ce �{nci `: �`ev�ew"; and in St. L_auis Park they have a sign t�rhi�h states that a certain �,roper�, was going tc be r�ezaned. Tt has insei~�s in th,� sic�n so it can give the date of the hearing, and 4•rf�at. ►'eLUI��!!C� �s being requesi.e�i. ih�is sic�n 7s pu�; on tl�e � ;� prapur�y �f�at was �� ioi° rezoninc� and is paz�t af t{�� hea��-ing notice. Ne said he theugh� such a p�licy 4�rould solve a lot af problems. . � On obj�ct3ve b, ur�der t;he second goal, which read "Promote th� reduction af � unnecc�ss�ry and wastc-ful practices in the utiiization of our rene��ab1e and non- ; rene��able resources ancS t�h.e yeneration of solici waste", there was a Iot of � �iscussior� t�hich started r,�ith Mr, I-larris' commcnt on the conservaLion of water� He said hc� tho«ght a iot ofi water t��as � arastedcr .the ti��atering of lavrns. There ��jas a genera1 cliscussion cn ho;,r peopTe fertilize their lat�rns, then pour a lat of 4•rs�i:ei- � , on �hen� to make tl�em qro�.�, and then use gasal �ne operGte�i lawn moi,��rs fio keej� it k �u�. They tt�ou�f�t �:his objective ��as somethii�j �hc� entire countr� shouZd be using `} � 0 . � � "'.7CC;+,±yrr ".:'. '� yf'1 anni nq Cnmmi s s i on hieeti nc� - S�tember 24 , 1975 �� .� Pag--e-�--7 6--- Mr. Bergman said he co�ldn't ayre� �-vith evwhenilthe �etiti��o�eredidSno� construct � t1�oUght �the firs�; er�°or that i�ad been made was P his home accordir7g to the plan subrnit�:ed to the Inspection Depar�ment. He said that was a yross e��ror on their i?art. He said the �dm�i�isi:ration evidcnl:ly did their pai�t '' , ti�rhen they i ssued the pe7�mi t on pl ans that n�et �i�e Ci ty Code . •. Mrs. Wahlberg said that was true, i��.�fi they still felt there was some negligence �,' on the administration's part 4��hen the, faoting inspection vras made. ' Chairman Harris explained to Mr� I�sae�s��nC�Uaciltactio�n on�Septenber 22t�1975 'I' �o remove the reci tag. A� they d�dn �L the only �;hing �;he Plan,�ing Commission could do ��ould be to make a recommendation �,o the Council. � . �ahlb�r said it t�aas really a moot point, because this would automc�uldl�y ' 1�1rs . t� 9 Coruni s s i or be on the Council agenda ror October 6th, sa unless the Planning coi��e uj� v�i th an a� :_�rna±e, they woul cin' 1; have �o ua anything. , ��e son said tha� after Nr. Friday made his presentation to Council, his �r. Isra 1 son said they didn't have to speak because �the Ccurcil had alr�eady �old P�1r. r� aY ' 'to come to �his meeting. Mr. Israelson said he didn't agree with this, an� he ti�as � goiny to stand up und speak, and his son pulled hin� back dol�vn,.so t�e said •t11at a�iy _ de7ay no!�a Gvas his son'S fauli:. . ' � ,?�"OTION b� Bergman, seconded by Peterson, �11at the Planning Comm�-ssion recoz��n� to C�ul�cil that- this variance be yranted so tl�e �ed tay can be r.emoved to allow ihe co�zt-inuat.ior� of cer.struction of tlie hom.e ai� 1.631 Camelot Lane N.E. Upon a voice voi`E��r a11. �voting �cye, th� motiori carried unanimausly. Mr. Lanr�en�feld said i;l�at as the Israelson family would be ai; the Council meeting on October 6�th, 1975, !�� :ould like to direc�; the Council to ��e sur�e and as�: for the�t>> so they c�uld spcal: at tr��is mEei;�ng. � 7, #ALTCRNI�.TE ��iL"THODS i�OR PROCESS7NG �',ARIANc;� APPLICATIONS �; �.... M,°. 6ergi»an said there seemed to be a lot oi= confusion at �:he present t�me.ar tt7e handl i ng o�f vari ances . N►rs. ��;af��ery sa�d she t�rould give soma bac!<ft+o�n�s°n onlvarianc°saldlLhnevera��ent tiri�� G•lheri the App�als Co�ri�iission alwa�s had ..IiE, Y on to any oiher bouy. Ttte City Co!.�i?ci7 reviea�,�ed what the Comr+�US�ha� arocedure,POnrthe took actiori. A�t soi�e poinfi, after t1,e fi�act, s�a�o��e objeci;ed Coun�il, so it was chancied. Ii. was i;!�eii stat.ed that the ApI�°a�'��the'r.cS��ouldlbetas sr►ould go throuyh the Fla��n�ng Co�r,nission and �i;hc�n to Ceui�c�il, rev�ie�ti� Uoard. SV�e saidr it ��s Ye��A��s`�S�ip��i�111-�wi11 becausetth�re wa� alsixvweel:s so�7�e of that, because v,e ��1�, t � �,equests ��eally delay 111 cet�tain cases. Sf�e ,aid i:i:at h1r. Isr•aelso�l and Mr. Friday s weren`t re?eva�i�; to tl�is, but �� felt in these two particular cases, time ��ras an in7portant fac�or. � rSr�s. t�lahlberg said the 11�peals recon�menc!at�on was that on reques�:s for Va�'iar,ces on� residenl;�ia1 ��roperty only, the 111�;�eals C��n�;��ission be granted the po��rer to grant tif�riances under the iollowing cond�i Lior�s: �, Wher�e there is unanimous a�reeiiie�it of �;he l�;�peals Commission. 2, Where the stai'f coricurs wii:h the reco��r,�endation of th� Appeals Commission. I �. �, �+rPlann7nc�Con�mission t�leeting -� September 2�, i975 ' '_�Page'17 �� 3. Where the general pu�lic attend�ng�the meeting or responding to the notice i�ave no objections. � . 4. Wher� th� petitioner is in ayreen�ent with the recommenciation. She said anytime ±her�e vaas disagreement, the variance would be handled in. the normal ��ay. Sne said t��+s ��ould require an ot°dinance change. .� �,,' � 8. A REQU�ST FOR li VARI/�PdCE OF SECTION 205.063, 1, FRIOLEY CITY CODE; TO REDUCE TIIE LOT /��ZL(� Ff�O��'� 10,006 SQUf�i�E _(-EETy'i0 9,781 SQU,�iZE FEE7 70 ALLOt�J THE CONSTRUCTiON � 1 OF I-1 1�l�JU F/1I��1I1_Y C1-1ELLI(vU TO [�f LOCA"TED ON Lt�T 1, Ia�tiD THE NORTH 24 �EET OF LOl- 2, � BLQCIC 7_G, HYUF PARf<, TIiE S11i�iL l3EIi1G 57A0 2 1/2 STREET f`�.E., FRIDLEY, ��1II�i�ESOTA:. ' �� " 370 MISSISIF('I S��REET N.E., FRIDLCY, MIfr��lESO1A ��5432). 7REQUES-1� [3� 11R. DFI,�d l3FtUi,��01�J, ` . Mr. Ol �iver Erickson and Mr. Dean Qrunkot�r 4�rere present. hir. Eriel<s�n said that hecause they v�anted to hurry this request along,�:�hey _ 4�re�°e ��p�d.ris�n �i� this meeting ar�d this i�;em ENOUId go before the Flppeals Cammission on Septernber �30th arid cou1d yo to Council on October 6th. Mr. Q��unkow said there was a sma11 house or� this property now, which i�rould be , � torn do�-�Jn. This dvould be rep�laced �,r��;h a do�ble liunc�alo<<r. He.said i;hat a�lthough this pr�p�r�� ras zoned R-3, tt�e property 4�as net �large enough for a triple 6.ur�galot�r. ' ��Chairmar� Harris s�7d that according to the Code you can build.double bungalovrs in R-3 ZOt1111�. Mr. Erickson said t��is was a corner 1ot a��d it �ras approximately 72 x 136 i�eet, ' sc' �it probabiy dicin't meet the it-3 requ�rements at the t�irn� it was zoned R-3. Fi° ' - said the severi years he was on i:he Planning Con�mission there were probably errors made iti zor�i�n, and probably this Planning Comn�ission could correct them. He said ' tlZis pro�er�:y was about 200 square feet shor�: oi mceting the R-3 requirements. Mr. Ol son said fihat i+� �;he R-3 secti �n oi �i;he code, i� states i;� .Se�tion �: • ,, 205.073 that one and t��o family ci4-aelling un�ts ��iil be subject to the provisions in It-1 and R--2 districts respectiv�ly, therefr�re only one variance was recessary - ta c;a��str~uct �liis do�ule bun�alo�,;. It m�t a11 the ather requiremen�:s of R-2 zonin�. ' ' Mr. O1 son sai d th� r�ason thcy were gai ng a 1 i ttl e backwards YJ1 tIl tili S reques i was because the mot,tgage commitmer�t had a very limited time value on i�:. He saici this would t�e a t4•�o stcr�y double bungalow. He saici i:i�ere �vould be a 3 car garaye built ��fiere the �xist�ir�g small struc�u��e ��ras now located on th� survey. He said they were nat tr,y�nc! to by-pass tf�e Ap��eals Co�,�mission, because he knev,� they were the author�ity �o�� inuk��9 recom��endatians on var�ances. He said they t�►ere just going this route to get th�en� to �;I�e Council sooner. Mr�. Idalhberg ask�d wha�; Gaas rext donr to th?s �roperty. Mr. 01son said he 1 tl�ou�fit it ��as �n B-plex. Mrs. tJahlberg said ihere would be no way that any additional pro�°r�y could be obtained then. � II ' MOTIOIV b� Bergman, seco.nded by Peterson, that: the Planning Commission recommend to the �lppeals Commissi�n �p)�roval. of th� vat�iance to reduce the lat area from 1D,000 square feet to 9,7�1. squ�re fcet, to allo�,� tl:�:� canstruction of. a dou�le bungalora a� 5790 2 1/2 5trcet N.L. Uyon a voice vote, a�1. voting a�e, the mot.ion carxied unanzmousl.� 'i ' ,.� M�-� . c� � � �� CITY OF FRTDLEY IM E M 0 R A N D U M ' - ' T0: NASIf�I I�. QJRESt�I , CI7Y MAfdAGER, AND CITY COUNCIL FROM: �MARVIN C. 6RUNSELL, ASST. CITY MGR./FIN. DIR. ' � SUQJECT: CQNDITIONAL ACCEPTANCE OF UNION COf�TRACT WITH LOCAL #320 (PO�.ICE OFFICERS) FOR THE YEARS 1976 Po'VD 1977 ' GATr.: DECEh�6�R 4, 1975 ' The attached Memarandum of Understanding has b�en si�ned by the repi°�sentatives of �he •G�ty f�lanager's fdegotiai:ing Comn�ittee anC ' by Robert Gdeisenburger, Business Rgent f'or Laca i#32Q. ' We vrou� d 1 i ke the Ci ty Counci 1 to gi ve tentati ve ap�roval to the ' P�emorandum of Und�rstar�ding vJiti� �he understan�ing that the agr�eerr.er�t � wi 11 be i ncorporated i n a formal ccntract �;�d 5roug"t back t��fore the ' City Cauncil for f;na1 a.pproval. �. ' I recomi�!end the Ci�cy Counci 1 concur. � � ' �1 CB : s h � , At�t,aGhmer�t 1 • � . 1 � � � 1� � � . �1� � . � � � � 1 � � �, . �� ' � � MEf�1�RANDUM OF UNDERSTAND I.�vG . BETWEEN METROFOLITAN AREA MANAGE�IENT ASSOClAT10�! (P�tAMAl f��JD M i NNESOTA TEAt�1STERS PUBLf C AND LAW EhFORCEh"EtJT Eh1PL0Y��S'UN S OI� LOCAL N0. 320 t i.C3.T. LOCAL 3?_0) M.A.M.A. and f. E3.T. Loca l Uo� 320 NegU� i at i ng C��rnmi fii�ees are i n agree- ment w i th rega rd tU the' �terms and cor�d i fi i ons �f �mp I oymcnt fo�- fihe ca 1 endar years ! 976 and ! 9?7 a�;�i agree -1 o recann�cnd fic �thosc covered municiQa{ities and employees the io}lawing. � A} A I i•terms a nd cond i t i on ; s�t� i pu { at�d i n the I%fiMR-- I BT Loca ! 32(� ' "hia�fiec- A�areement�: �ncf Loco � S�?�F� f:�;i�eni a l /tgreemer��t � t c�r� �f h� Cai�nd«r� year 497: �r'� -fo � e�t�� ir� ur�ci�anof.c4 c:xcept frr: � .. !R'ag� e-a��>v The wage r��he fior the benct� mar�k fi o�i :�:pat r a( pos i t i a�1 i s to b�. ad j u�i ed ar� J anu�r��y� _ E, (�76 � rc�,; S; !; 2 5t) . Uli �e:r montti .-1 c� �! D32F�.+�O per mo�� f� f pef°�centaJ� �::ti�,�ic?F� ot 7.96> an� �d ju�.t�� on January Ir l�77 fram �l,32�.C3U per� ;non�fih to �f,�'rOQ�00 per moni�h (percentage c:har�c�e...�af 5e4��i. � H! 1 ather ra-I-e� -For �afi r� f of� i ccrs i r� fit�� step p 1 an {rom start� i ng ta tap �a i rc; i arc to be� aci j ustec� !�y the same per-� ce�tagas ( 7. �6r � or� I 9I� ara� �� 47; tor I 977 ). Th� i nvest i gata!�% detect i�e d i f f�re.nt i a f .�or TflO5u� cir�p I ayec� -f i i�r i i�g The descr..i pa t i on o; Ar�f- i c I e 3. 8 of tt�� f9PA�;,ter Rgreement �' _ i s ta r�;ma E n-at -. . $7�.00 per manttt over �fih�: p�frr�E c�i�f icer r�ai�e� . 2. Cor�tracfi �angu�g�: a} Arfii�:i�v 9�5 af_ ihe "��haatPC°.�,yr�cEmeni�r' fc��° .the _ Ca � end�r year�s i°7C� 3nci f 3�i7 i s� �t�o i-ead : "Or,E cont i nuc�us �acat i �ry pet° i oti sha 1 i �e se l ected c�� if�e bas i s nf aen i or, i�i�y uri� i I ot ea�l� ca f endar y�ar�. �� B� Art� i c l e�CV I f -� f nsurance of ttl� "�aster F+greemeni� for- the � ` ca(en�ar year E976 is ta �e�d: � � "The Employ�� wi3i eantribute ;�p t� a maximum of sixty do !!�rs ($60. 00} per ma��-i-h t�w�ra riea I fih, ! i fe, and ! ortg- term d i sab i I 6 t}P i nsurui�ce" For the caler:da!- year i977 substi-fiute "sixty-five dallars (�65.00) fior sixty dollars (�60.Q�?�. , C)� Art i c f e X i! -- '�r'ork Schedu 1 e of the ! 975 "��laster Agreement" is to be rewrififen to clarify the �-wo thcusand and eighty f2080} hour wark year abligaiia�t fc�r employees. . . . , _ . A 0 � :� 4a ' . . :�� ' . . . . . � _ 2 - . D) Qt•i�er ari' i c I es may be rewr i ti-en by m�tua 1 agreement of the pat-�t' i es. l f no agreement i s reached a 1! ot��er art i c I es wili remain as in the 1975 rnaster or local contract for the calendar years 1975 and 1977. 4B FOR MRMR FOR IBT LOCAL N0. 320 ` . �. . ' �: �''r" " . �__�l 7 `_ � � :. ��'�' �� .� . ��Z'�t� '� �i= �,.� �"%'``i� � � h i• l�v l' / � 1� li' +:� r..i..� `�. L� f �_� t '�lar I yn �. Lar-son � obcrt J.�e i senburger % Cha i rman MPJ�1/� Negat i ai i or� Bus i ness Ageni. Comm i t-fiee _ /' i� . . T� � � � j� � �/ �� : W I TNES5: �� /�- �� ' � C. F 4.5my�`F�� Labor R�izt'ians Asso�iai�e�, inc� � � � � . STATE OF MINNESOTA ' COUNTY OF I�NOKA MI�TUA(_ AGRECMENl' � .THIS RGREEMENT made and entered into this day af ,� 1975 by and between Richard D. Poviitzki and Marleiie A. Povlitzki, hereinafter � � 5 � referr�d to as the "Owners" and the City of Fridl�y, Minnesota, a municipal corporation, h�reinafter referred to as the "City". WHEREAS, the pr�perty Owners have petitioned the City to rezone the following property from the �resent C-1 zoning classification to C--2 zoning classification: Lot 1, B1ocl: 1, In�alnut Addition, City of Fridley. , WHEREAS, the City Council finds that the rezoning of �this area ta a C-2 zoning use district wi�l be in the pualic interest, welfare, and conven�ence to the people of the City of Fr�idlzy �rovided that certain improvem�nts are made to the afore- ment7oned pr�operty and provided further that thP Owners agree. to make such improve- ments and maintain sai�+ praperty according to standards agreed to in advance by the parti°s her�to; and . � WHEREAS, the City has car�sidered the rezoning application and has adoqted the rezoning ordinunce on first readirig at the Regu�ar Council ��leetir�g of July 21, 1975. T) �� NOt�, THER�FORE BE I1' RESOLVED, that it i.s mutually agreed as follows: That the Owners in cans��Pration of ad�ption of second reading of the rezoning ord�nance ar�d publication of same, daes agree to improve and maintain the e;:istirig prop�rty to minim�m s�andards required by the City Code such improvemenis te be completed within �from the date o-F the adoption of the -rirs� t~eadi�ig of the ordinanr_e. .. Ti�at Such improvements will include upgrading �f existing bu�ildings, landscaping, srreenir,g an� parking area by furnishing and installing paint, p]antings, sod, b1tU111'tl10US surfacing, paured concrete curb, str�iping and fencing according to the se�b�cks ard sta�idards of the City of �'ridley City Code an� as nated on aLtached Exhibit A. 3) ?hat adeq;�ate area, acccrding to the City Code, be provided for p�rking spaces and thai i� it is determined by the City that mare parking area is required based ar� the operation of the existing business, ad�it-ional property will be acquired tc� provide the parking. 4) That pians for improve�iients must be approved by the City. 5) That the City will adopt the secan� reading of the ordinance for rezoning and order publ�cation upon completion af these improvements. 6) That it is mutualiy agreed that the provision� of this agreement shal] be b�inding upon and enforcTble against the parties hereto, their successors, and assigns �nd all subsequent owners of th� property here described. An executed i , . . ' Rgreement; Povlitzki/Ci�y . 5 ,q Page 2 ' copy of this agre�ment sha1lbe filed with the Anoka County Register of Deeds and made a part of anu� be binding upon th� above described property. , ' . ' IN WITNESS W�IEREOF, the parties hereto have hereunto set their hands this day of , 1975. , In Presence of ' Contrac�t for Deed Owner - Richard D, Povlitzki ' � �Con�ract for Deed Owner - Marlene A. Povlitzki ' . � ' . STATE�OF MINNESOTA ) ' COUNTY OF ANOKA ) 'S � On this day af , 1975, b�fore me, a Notary ' Pub1ic within and far said County, personal.ly anpeared and , to me I%rown to b� the persons described in, ' and wha executed the fo��egoing instrument anc� �ckn�wl�dged that they executed the . same as their i'ree aci: arid deec3. ' 1 ' ' ' . . ; � I 1 � � ' _ 5B , Agreement; Povli�zki/Cit,y �age 3 IN WITNESS WHE�EOF, �he �arties hpreto have set their� hands this day of , �975. In Presence of Fee Ho�der - Roberc Carlson Fee Nol der -- Flel en Carl son S1��T� OF i��NNESOiA � SS COUNTY OF ANOKA ) � On �;his day of , 1975, before me, a Notary Rublic wi�chin and for said County, pErsonally appeared � and , to me kna�vn ta be the persons described in, and who exAcuted the foregoing irs�trument and acknov�ledged that they executed the same as thier free act and deed, IN WTTI�ESS WHEREQF, the part7es herFto have set th�ir hands this ciay o�' , 1975. In Presence of • Mayor - Will iam J. Nee City Man�ger - Nasim M. Qureshi STATE OF MTP�NESOTA i SS COUNTY OF ANOK,� ) �On this day of , 1575, before�me, a Notary Public within and far said Count:y, personaliy appeard and , to me known to be the persons described in, and who executed the foregoing ins�rument and acknowiedged that they executed the same as their free act and d�ed. 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M � � � 4 � 0 � w z z � �' � � � � � . � :n Q w r � x 0 z �J � z � > � � � :r, > z � r f�'; � t,.^.. . � � � z W U U � � �� ,� s°K� ,9 .�r,F'. ,� .�A- � � t .�`i°�� p �'`�' � � �� J'� �f t� ,� � December 4, 1975 COM�MENDA�ION i � > . � r. �. 's'� . i� � � �.f-% ° r; �-'s f ' � � +;.. �. � � ,� • 3, '�`� � ,r.� .� 4n Nave�nt��r° 3U, i 975 O�fi c�►� Davi c� Younl:i r� wh� 1� taki ng a repart of a burglary at 1Q1 Crawn Rca�d m�d� sev��l abservation� Zn regard ta a large quanfi�ty of n�w ��ms ��iict� w��c-� �c�ca�� on the premis�s. In response �o his c�bs�rvatic�r�sq F�e Ieft: a note far tt�e Detective Qivisi�n, specifiealiy D�tec�i�re L�unean, informin� him of the presenee of a large nur�ber of ite��s whict� w�re obviausly new and in a quantity norma1ly noi seen ir� a residence.� � It was Officer Younki n`s ahservaii or� that �l�i s m�tter shou� d b� T ooked i r�to wi th the possibility tha� the presenc� c�f th�s Targe amaunt of new mer- chandis� in the 1"�S7G�t10E was �he fru��s �f � crime(s)p In sub- sequ�nt c�nversa�i ons wi tf� the comp� ai nar��, S�rgearrt i�ai gt recei ved permissior� to enter the hous� for� the purpase �f pursuing the reported burglary camplaint and in v�ewing th� aforeme�tivned new�merchandise was also 1ed ta the conclusiara that the large amount of new merchandise was very likely the firuits of a crime(s). Subsequent investigatian revealed a large portion of the merGhandise could be identified as shap7ifted items from various business establisf�men�s. I would therefore tak� ihis ap�or�unity �a cornmend Ufficer David Younkin for his aler�ness and profession�� a��itude whict� obviausly cont'rib- uted to �he recovery of wnat� initiall,y ha� been estimated to be approximaiely $20,OOQ worth c�f shopl�fted rre.rchar�dise. .Sincerely, � ��.�� James P. H�11 Public Safety Director �� , Howard Rick Lieutenant Fridley Police Department JPH/hr/pr� CC: Sergeant Kennedy Officer Younkin Persannel File . :