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Regular Planning Commission Meeting Minutes – Wednesday, August 03, 2011 Page 9 completed. Mr. Foster sought clarification in line 251 related to trichloroethylene (TCE) 403 concentrations exceeding the Health Risk Limit (HRL) and their possible presence in the 404 glacial aquifer, and in line 255 related to Diesel Range Organics (DRO) in the glacial 405 aquifer; and how sources for TCE and/or DRO were identified in AUAR area; whether 406 applicable parcels had been done already or whether individual property owners were 407 responsible to identify them. Mr. Foster expressed his confusion in identifying 408 contamination performed throughout the overlay district and those specific to individual 409 parcels. Mr. Foster questioned how to proceed logically and reasonably to identify 410 potential pollutants and their potential sources; and whether this was the appropriate 411 body to seek that information from or sought direction to the appropriate body for that 412 information or the process to follow. 413 With City Attorney Bartholdi’s concurrence, Mr. Paschke opined that, to his knowledge, 414 no identification of contaminants had been done to-date on individual sites. Mr. Bartholdi 415 advised that it was the responsibility of the property owner to find out and comply with 416 MPCA requirements. 417 Mr. Foster opined that the proposed ordinance, and those sections he previously 418 referenced, appeared to make a determination that TCE and DRO were already present 419 throughout the area. 420 City Attorney Bartholdi advised that the AURA had used similar language; but deferred to 421 the City’s Engineering Department for further clarification. 422 Member Wozniak noted that the City had applied for and received grant funds to address 423 contamination in the Twin Lakes Redevelopment Area. 424 City Planner Paschke clarified that those funds were not for the entire area, and not 425 specific to determine the source of contaminants, as those types of environmental review 426 and approval were addressed by the MPCA; noting that that was the purpose of specify 427 those two (2) particular potential contaminants in ordinance language, for the purpose of 428 actually determining the source. 429 Member Wozniak suggested that the MPCA seemed the logical agency at which to begin 430 asking questions. 431 City Planner Paschke noted that, if redevelopment was to occur on any site, it needed to 432 go through en environmental review on site. 433 Member Wozniak questioned if Mr. Paschke was suggesting that Mr. Foster needed to 434 start the process over. 435 City Planner Paschke noted that the entire Twin Lakes Redevelopment Area had already 436 been subject to a Phase I Environmental Review; and that based on that initial review 437 potential contaminants had been identified or strongly suggested; however, individual 438 parcel environmental review would further define the source of those contaminants and 439 how to mitigate it. 440 Member Wozniak asked Mr. Paschke to provide a review of available and/or historical 441 environmental data in the Twin Lakes Redevelopment Area to-date. 442 City Planner Paschke advised that some review and sampling had been completed with 443 Phases I and II in the area, with environmental contamination in evidence. While some of 444 that initial information was available, Mr. Paschke advised that further information would 445 be necessary to achieve the goals and objectives of the MPCA and successfully clean up 446 all sites in the Twin Lakes Redevelopment Area. 447 Chair Boerigter summarized the purpose of including the two (2) provisions in the 448 ordinance as referenced by Mr. Foster was to reiterate that, according to the AUAR and 449 testing performed to-date, both TCE and DRO had been determined to be found in the 450 Twin Lakes Redevelopment Area; and developers needed to take that into consideration 451 as part of any development proposal in order to determine if their particular site was one 452 of the sources of those contaminants and how best to mitigate them. 453