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Regular Planning Commission Meeting Minutes – Wednesday, August 03, 2011 Page 15 Member Boguszewski suggested changing the language to allow adaptability as AUAR’s 708 were updated and not freeze requirements to the 2007 document, specifically related to 709 clarifying groundwater and aquifer regulations. 710 Member Gisselquist expressed concern in the Planning Commission recommending 711 approval of this ordinance tonight to the City Council prior to further review of those 712 requirements and other areas of concern brought forth tonight. Member Gisselquist 713 opined that he had no appetite to forward a recommendation, with future revisions, 714 considering some of them may be significant and require further Planning Commission 715 review and consideration. Member Gisselquist suggested that any recommendation for 716 approval be held for another month, allowing the Commission to further review any 717 revisions in a non-political climate before forwarding it to the City Council. 718 Member Boguszewski concurred with Member Gisselquist; opining that he would prefer 719 to hold the recommendation and allow staff to review those concerns and issues at the 720 Planning Commission level before it was forwarded to the City Council. 721 Member Wozniak, at the risk of creating that additional “hoop” referenced by property 722 owners and developers, concurred with Members Gisselquist and Boguszewski; and 723 asked that staff incorporate revisions into the next version of the ordinance; among those 724 a RESPONSE ACTION PLAN for the MPCA (line 231). 725 As brought up during public comment related to Chapter 1022.04, Sections C and D, 726 Chair Boerigter noted that, to some extent, the developer and the Metropolitan Council 727 working together tied into costs, and to the extent they have that cooperative discussion, 728 it should reduce their trips and reduce their overall costs. Chair Boerigter noted that this 729 was where the developer could receive incentives if their development plan included bike 730 trails, fewer vehicular trips that would reduce their network trips and significant 731 infrastructure costs. Chair Boerigter concurred with Members Wozniak, Boguszewski and 732 Gisselquist that this item should be tabled, allowing for revisions and a subsequent 733 review by the Commission after addressing tonight’s comments. Chair Boerigter asked 734 that staff provide a clean copy for the Commission to vote on at that time, rather than the 735 Commission recommending approval to the City Council of this draft. 736 Member Boguszewski sought additional following on Chapter 1022.04, Sections C and D 737 as written, opining that there needed to be a verification of that interaction or the outcome 738 in writing rather than currently indicated that such interaction needed to be done, but no 739 requirement in the ordinance for measurement by the City Council of those results. 740 Member Boguszewski clarified that it was not his intent to create additional “hoops” 741 either, but opined that it was to the City’s benefit and in the spirit of the City’s goals to 742 ensure compliance with the ordinance and its intent. Member Boguszewski specifically 743 noted the desire of the City for the developer to responsibly provide green space and 744 other items identified in Sections C and D of their common sense approaches to 745 accomplish the goals of the City. 746 Chair Boerigter noted questioned how Section D related to open spaces, etc. was 747 actually from the AUAR language; and how it was different than what was stipulated in 748 the Regulating Map and/or other requirements in the Twin Lakes Redevelopment Area. 749 City Planner Paschke advised that the language was not new, but was intended to be 750 incorporated into the Twin Lakes Regulating Plan; and opined that the language was 751 necessary in the ordinance, even though it was addressed in the AUAR language. Even if 752 redundant, Mr. Paschke noted that this document is tied to the AUAR and the Regulating 753 Plan; however, they may not ensure those things occur, while this was the enforcement 754 document, and would not create “overkill” to have it stated in the ordinance. 755 Member Wozniak noted that Chapter 1022.04 discussed TCE and DRO as currently 756 written, and suggested that individual property owners were responsible to determine 757 sources of contamination in the entire area; and reminded Commissioners and staff of 758 previous discussions tonight to rewrite that section to be more site specific. 759