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Regular Planning Commission Meeting <br />Minutes – Wednesday, September 7, 2011 <br />Page 15 <br />Lines 325 – 327 <br />695 <br />Ms. Steinwall addressed similar issues with a specific directive that a property owner <br />696 <br />would remediate groundwater contamination pursuant to state and federal law. Ms. <br />697 <br />Steinwall noted that there was no problem as long as the developer knew the rules going <br />698 <br />in; and suggested that language provide that cleanup be in accordance with MPCA <br />699 <br />guidelines. <br />700 <br />Line 285 <br />701 <br />Member Boguszewski, referring to Line 285 with plans subject to City approval, noted <br />702 <br />that “staff” had been added; and questioned if Ms. Steinwall’s concerns wee with City <br />703 <br />staff or the City as represented by the City Council; and whether striking that entire <br />704 <br />phrase was what was being suggested by Ms. Steinwall to strike anything after <br />705 <br />“regulations.” <br />706 <br />Ms. Steinwall responded that she would suggest striking the remainder of the sentence <br />707 <br />after “regulations;” reiterating that it was troubling for staff and/or the City Council and/or <br />708 <br />the Planning Commission to have approval or denial rights after MPCA regulations had <br />709 <br />been met. <br />710 <br />Member Boguszewski suggested changing references to “and” to “or;” or to “or as <br />711 <br />appropriate” as applicable. <br />712 <br />Member Boguszewski questioned if there were any other templates for any additional <br />713 <br />revisions proposed by staff or the City Attorney beyond the revisions discussed tonight. <br />714 <br />City Attorney Bartholdi responded negatively, to his knowledge. <br />715 <br />Chair Boerigter closed the Public Hearing at 8:25 p.m. <br />716 <br />Member Boguszewski noted that Chair Boerigter had indicated earlier in the meeting that <br />717 <br />there was no need to finalize this document tonight; and that another meeting may be <br />718 <br />needed to address additional revisions. <br />719 <br />Chair Boerigter clarified that his intent was that the document could be moved forward for <br />720 <br />recommendation to the City Council with proposed specific and minor language tweaks <br />721 <br />provided there was nothing the Commission considered significant that may need further <br />722 <br />consideration or review before making that recommendation. Chair Boerigter used the <br />723 <br />network trip section as an example of a significant revision. <br />724 <br />Member Boguszewski suggested that those tweaks be specifically enumerated as <br />725 <br />discussed tonight. Those tweaks were identified as follows: <br />726 <br /> <br /> Line 288: Strike language “materials dumped” <br />727 <br /> <br /> Lines 344-346: soften language with “as appropriate” when dealing with the 2001 <br />728 <br />Master Plan <br />729 <br /> <br /> Definition Section: adding or clarifying “block” and “parcel” as synonymous <br />730 <br /> <br /> Lines 67-69: Reviewing and incorporating suggested language of Member Wozniak <br />731 <br />in defining “Network Trips” <br />732 <br />Lines 344 – 347 <br />733 <br />Related to the comments of Ms. Steinwall, Member Boguszewski questioned <br />734 <br />Commissioners and staff on whether additional approval by the City was superfluous and <br />735 <br />could be eliminated without weakening the ordinance. <br />736 <br />Member Wozniak noted the example provided by City Engineer Bloom based on actual <br />737 <br />experience where the City needed additional oversight. <br />738 <br />City Planner Paschke advised that it required denial of the developer’s plan. <br />739 <br />City Engineer Bloom advised that the City’s right-of-way ordinance provided protection; <br />740 <br />however, she advised that staff was concerned in the area of easements and if <br />741 <br />contamination was placed over an easement, the property may not be owned by the City, <br />742 <br /> <br />