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Regular Planning Commission Meeting Minutes – Wednesday, September 7, 2011 Page 7 Member Boguszewski questioned if this document was a more intense level beyond 294 normal requirements. 295 City Attorney Bartholdi clarified that previously-stated concerns were the perceived 296 ambiguity of the language, thus revised as presented tonight, to clarify that one property 297 owner would not have to mitigate the entire aquifer for the entire development; and would 298 only be responsible for their property. 299 Member Wozniak questioned if there could be contamination of groundwater without 300 affecting the aquifer. 301 City Engineer Bloom responded that this was a possibility; and groundwater 302 considerations were based on findings of the AUAR to determine if a specific site had any 303 impacts on the groundwater. Ms. Bloom noted that the revised language had been 304 modified somewhat, but was consistent with language of the AUAR. 305 Member Boguszewski noted his interpretation in that same section related to identifying 306 potential sources; and noted the concern on the part of one property owner speaking at 307 the August Public Hearing in tracking to a source that may be far removed from the 308 particular parcel under investigation. Member Boguszewski questioned if that was 309 extreme and if the investigation discovered contamination, how far afield could that 310 source be, or at what magnitude, as far as time, expense and effort to identify the source 311 would that property owner be required to delve. 312 City Engineer Bloom advised that mitigation was based on City requirements, and all 313 properties governed by the Minnesota Pollution Control Agency (MPCA) for clean-up. Ms. 314 Bloom noted that the City was required to mitigate contamination on public property prior 315 to street reconstruction, and perform soil remediation. Ms. Bloom noted that this was 316 specific to City-owned property; but any identified contamination beyond that, the MPCA 317 would notify that property owner to enroll in mitigation efforts. Ms. Bloom advised that 318 neither the City nor other property owners could require anything of those other property 319 owners for their individual volunteer responses. 320 Member Lester questioned if there were other rules or regulations already in City Code or 321 ordinance that regulated this. 322 City Engineer Bloom responded negatively; noting that this was a challenge in the Twin 323 Lakes Redevelopment Area; advising that the AUAR identified mitigation that the City 324 Council had committed to address when development occurred and was completed. Ms. 325 Bloom advised that this was the City Council’s charge to staff, and as State Statutes were 326 reviewed, it was determined that this ordinance was the best catchall for the twenty-three 327 (23) mitigation areas of the AUAR, as replicated in this ordinance. 328 City Attorney Bartholdi noted that Chapter 1022.04B previously referred to the entire 329 area; however, this version had been revised to expressly identify “for each parcel.” 330 Network Trips, Line 67 331 City Attorney Bartholdi advised that a revised definition for “network trips” had been 332 provided in this draft, as suggested by Attorney Sue Steinwall at the August meeting. 333 Member Wozniak questioned if the intent of this revised definition was to identify the 334 number of infrastructure improvements; and questioned how many infrastructure 335 improvements were included. 336 City Attorney Bartholdi responded negatively, noting that it was already addressed in the 337 AUAR and allocation study; and noted that there were a total of seventeen (17) 338 infrastructure improvements identified for the development. 339 Methodology 340 City Engineer Bloom displayed a map noting the seventeen (17) different nodes identified 341 as part of the allocation study and suggested improvements at each of those areas. Ms. 342 Bloom advised that, in order to make sure those improvements could be done and traffic 343 in the area mitigated through future development, estimates had been calculated and 344