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Regular Planning Commission Meeting Minutes – Wednesday, September 7, 2011 Page 14 development proposal submitted by a developer would be halted without this ordinance in 643 place. 644 Mr. Trudgeon opined that the reality was that even with the AUAR, staff had become very 645 aware in their review that there was no specific plan for the process; and that state 646 statute provided no enforcement mechanism. Mr. Trudgeon advised that staff was 647 seeking some force of law behind the City, not only through the AUAR, but through City 648 ordinance, to avoid ongoing disputes with developers or their attempts to circumvent or 649 negotiate any City attempts to enforce mitigation efforts of the AUAR. From a practical 650 standpoint, Mr. Trudgeon opined that something was needed to provide that enforcement 651 mechanism for mitigation of the AUAR; and further opined that most property owners and 652 developers were more than willing to work with the City, and this offered a great tool for 653 all parties. Once in place, Mr. Trudgeon stated that staff could deal with issues as they 654 came up, while the document provided some certainty for developers as they brought 655 their proposals forward and what would be expected of them and the requirements they 656 would need to meet. Mr. Trudgeon opined that most developers preferred to know in 657 advance what those requirements would be rather than attempting to develop with 658 “shifting sands;” and further opined that this was a valuable tool and would provide for 659 good practical effects to benefit the City and future development in the Twin Lakes 660 Redevelopment Area. 661 City Engineer Bloom concurred with Mr. Trudgeon. 662 City Attorney Bartholdi, in speaking to the legal requirements, concurred with comments 663 of Mr. Trudgeon, reiterating that the City was obligated to carry out the provisions of the 664 AUAR; and this particular ordinance would give developers the opportunity to get the 665 needed infrastructure in place for larger developments. Without such a provision, City 666 Attorney Bartholdi opined that the City may be required to deny an application since 667 adequate infrastructure didn’t exist; while this provided a developer with the ability to 668 develop their property. 669 Public Comment 670 Sue Steinwall, Frederickson and Byron, Attorney for Twin Lakes Redevelopment 671 Area Property Owner 672 Ms. Steinwall opined that the revised ordinance had come a long way; and expressed her 673 appreciation for the revisions and responses provided to those issues previously raised. 674 Keying into the point made by Community Development Director Trudgeon and other 675 speakers, Ms. Steinwall concurred that developers – including those she represented – 676 wanted certainty when coming forward with a plan. 677 Environmental Section, Lines 285-286 678 Ms. Steinwall expressed concern that a RAP was still subject to approval by City staff. 679 Ms. Steinwall noted that her clients were confident of MPCA requirements; however, they 680 were concerned with City requirements, depending on staff turnover and personalities, as 681 well as that of elected officials or a particular political climate from one time to another. 682 Ms. Steinwall suggested that, if the City was concerned that materials may be placed on 683 public property or property owned by others, it protect itself by not allowing developers to 684 place contaminated materials on a street. Ms. Steinwall encouraged any City approval to 685 be guided by the MPCA, and certain standards clearly identified and in compliance with 686 City ordinance. While recognizing that the City’s concerns were legitimate, Ms. Steinwall 687 noted that dig requirements were required by the City and would address City concerns. 688 Ms. Steinwall opined that it was imperative for developers to know the standards and 689 what the City would be requiring as development plans came forward. 690 Line 293 691 From a legal perspective, Ms. Steinwall requested that, in language requiring that the 692 developer work with the MPCA, EPA and City, “and” be replaced by “or;” as there may be 693 instances where the EPA was not involved in local clean up. 694