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1j. Planning Commission Minutes Dated April 16, 19970i CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 16, 1997 Chairman Peterson called the meeting to order at 7:00 p.m. MEMBERS PRESENT; Allyson Brooks, Ladd Conrad, Kevin Joyce, LuAnn Sidney, Craig Peterson, Bob Skubic, and Alison Blackowiak STAFF PRESENT; Bob Generous, Senior Planner PUBLIC HEARING; AMENDMENT TO ORDINANCE 260 OF CITY CODE, SECTION 20405, IN REGARD TO WETLAND ALTERATIONS AND THE CHEMICAL TREATMENT OF, WETLANDS., Bob Generous presented the staff report on this item. Peterson: Any questions of staff? Conrad: Yeah. How do they know the process Bob? I see what the change is, which I don't like. They don't know they can't treat it so they will treat it, won't they? Generous: Most likely. There are people that do that. You give them all of the chemicals... As part of the water resources program that the City has we have given out ... items to the community and probably putting it in our newsletter so they are made aware of it. And like I said, when someone does apply they will send them out an additional brochure about the other permit... Conrad: If they apply? Generous: Well it's not a, it's a notice really to ... because we can't issue any permits for it. Conrad: So what's their legal. So there's not a permitting process. So they have to notify the City when, tell me how they do this? There's nothing forcing them to talk to us, is there? Generous: Well, except for city ordinance. Conrad: Except for the city ordinance. Blackowiak: Is there something punitive if they don't notify the City? Generous: Technically violation of city ordinance... Sidney: Bob, about communication of this to the community. You're mentioning a few mechanisms. Does this go into the Villager too? Planning Commission Meeting - April 16, 1997 Generous: Well the revisions to the ordinance will be published, yes. Sidney: In the notices or something like that? Generous: Because it's so small, we'll put the entire ordinance in. Sidney: Is there any way to get a better play in the Villager with a story do you think or is that possible? Generous: We can notify them. The best thing is if we put it in our newsletter because then we've... Conrad: Now this is in the wetland alteration permitting process. This is, what ordinance are we affecting Bob? Generous: The wetland ordinance. Conrad: It's the wetland ordinance. And they don't need a permit. Are they getting a permit to begin with? Generous: No. Conrad: So there's nothing really that forces anything to happen. Generous: If a neighbor sees someone dumping. Conrad: Somebody's got to turn you in basically, yeah. And then all we can do is say, well you should have called us and we would have sent you out a brochure. Blackowiak: Bob, do you have an idea about how many areas this will affect? I mean how may wetlands that have been treated do you know of? Generous: I'm not aware. Blackowiak: You're not aware. Conrad: Do they do, do companies treat the algae or do individuals treat the algae? Generous: Usually they hire companies because... Brooks: So you could send out notices to all the individual companies. Skubic: What is that, aluminum sulfide or whatever that they use? 2 Planning Commission Meeting - April 16, 1997 Generous: I'm not sure what they use. Peterson: Other questions of staff? I think we're kind of in a corner here that we all feel that we're, I assume that Roger has taken a look at it and this is an action we can do. Generous: Roger did look at it. I don't know if it's the maximum we can do but. Peterson: Yeah. Other questions of staff? Generous: We can't do what we have in there now. Joyce: How did we learn that you couldn't do that? Somebody found out about it or did somebody actually direct your attention to it? Generous: I'm not sure of that. Mayor Mancino: ...Department. Peterson: Other questions of staff? Conrad: Where does staff, where do you document your process Bob? In terms of you know, your recommendation is to send out notification and blah, blah, blah. Brochure and I also do, I want to get to the chemical treatment companies. I think they're more important than the individuals. There may only be ten of them and there's 15,000 or 20,000 people that won't have a clue, ever literally. We have to do what you're suggesting in terms of communication the first time through but you know, downstream... keep doing that so it's real important that we get to the chemical companies. Whoever might be the applicators. But my question was, how do we get, how do we know what the process is for the city? It's no in the ordinance. City staff does this and notifies this and does this. Where is that? Is it just procedure someplace? Generous: There's procedure for, well we have our Water Resources Coordinator... I'm sure they'll establish their ... before that. Conrad: Okay. Peterson: Other questions? Can I have a motion to open it up for a public hearing, and a second? Conrad moved, Joyce seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address. Please state your name and address. Nancy Mancino: Nancy Mancino, 6620 Galpin Boulevard. Actually I think that would be a good idea Ladd to direct as one of the conditions for the Water Resource Coordinator to, for that Planning Commission Meeting -April 16, 1997 department on a yearly basis find out who and make a list of the companies that are chemically treating, that are around in the area because I can tell you for sure that, as you know, subdivisions, etc. The amenities of wetlands and wetland restoration and having homes around wetlands is just huge right now and yet everybody who does have their home around a wetland is concerned about the mosquitoes and the scum and everything else so I think newspaper. I think in the Chanhassen newsletter. Actually it could get into the summer edition of the newsletter. It goes out to all 6,000 households and then to target those companies who do this kind of work and on a yearly basis send them an update what we as a city are looking for from them. I think that would be a good idea. Thank you. Peterson: Can I have a motion and a second to close the public hearing. Joyce moved, Blackowiak seconded to close the public hearing. The public hearing was closed. Peterson: May I have a motion and a second? Conrad: I really don't want to make a motion on this one. I don't like it. Joyce: Well, I'll make the motion then. I make a motion the City Council adopts the amendment to Chapter 20 pertaining to chemical treatment of wetlands as shown in Attachment #1 with the information that Nancy mentioned about talking to the. Generous: Communicating with the companies that do. Joyce: Right. Thank you. Either the companies that are selling the product. Peterson: Is there a second? Blackowiak: I'll second that. Joyce moved, Blackowiak seconded that the Planning Commission recommends that the City Council adopts the amendment to Chapter 20 pertaining to the chemical treatment of wetlands as shown in Attachment #1 with the amendment that the companies that sell and do the chemical treatment of wetlands be notified of this amendment. All voted in favor and the motion carried. CITY COUNCIL UPDATE: Generous: On Monday evening the Gateway project was tabled for staff to provide additional information. They also directed that we have a traffic study amended to show what would happen if...Coulter Boulevard extension. ...TIF for the project. And also to get better information on land that they're proposing as parkland and purchased for parkland. That's supposed to come back on the 28` The tower, there were two motions. One was to, because of the U.S. West New Vector group had withdrawn their application, City Council authorized the Planning Commission Meeting -April 16, 1997 City Attorney to negotiate with U.S. West to locate on the water tower located northeast of City Hall here. And then they approved a motion directing APT to relocate to the Eden Prairie water tower, unless an acceptable lease agreement could not be reached... And if that happens then they did give, in essence approve the conditional use permit for the Quattro site ... exhaust their negotiations. Brooks: And you said as far as you knew, they are going on the water tower in Eden Prairie? Bob Generous' answer was not picked up by the microphone. Peterson: Anything ongoing? That Bob or anybody has questions on. Conrad: Back to the water tower, who is this person? Varner and Associates. An Eden Prairie resident? Sidney: Yes. Conrad: That's real offensive. Sidney: There were a number of them. Conrad: I don't think he's doing well in his business. This is a poor letter. Okay. Joyce moved, Brooks seconded to close the public portion of the meeting at this point before open discussion on the comprehensive plan process and mixed use projects. All voted in favor and the motion carried. The Planning Commission meeting was closed at 7:15 p.m. Submitted by Bob Generous Senior Planner Prepared by Nann Opheim 5