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PC 2017 10 03 CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 3, 2017 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Nancy Madsen, John Tietz, and Mark Randall MEMBERS ABSENT: Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Vanessa Strong, Water Resource Coordinator PUBLIC HEARING: MS4 PERMIT ANNUAL REPORT: ANNUAL SUMMARY OF THE STORMWATER POLLUTION PREVENTION PROGRAM. Aller: We’re required to have an annual summary and that is the only matter that we have before us tonight. Later on, after the adjournment of the proceedings we will have an open discussion on the 2040 Comprehensive Plan which we’ll cover some surface water issues, the introduction of goals and policies, and a CIP and implementation strategies portion so we’ll have a discussion on that. Again that will be off camera but it will be after the adjournment of the meeting. So we’ll start with the item 1, public hearing on the MS4 public permit and that’s an annual report that’s required for our Phase II permit. Strong: Alright thank you Chairman, members of the commission. So tonight I’m just going to give you a quick summary of our annual progress towards our storm water permit. This is the permit that allows the City of Chanhassen to basically discharge storm water and water runoff into our local public waters. All cities in the Twin Cities metro area and any of the larger cities like Rochester operate municipal storm separate sewer systems. That’s why it’s call an MS4. We play actually a key role in preventing or reducing the negative impacts of runoff. Private storm water enters our system as well as public storm water so we are the end all and the stop to preventing pollution. The City of Chanhassen is required by law to manage this runoff in order to restore and protect our lakes, creeks, and wetlands. Holding an MS4 permit again like I said allows us to operate our system and without that permit we cease to be able to operate so it’s a very critical permit to have. There are several requirements of our annual report. We have to discuss our compliance status with the permit. We have to provide an opportunity for public input, which is why we are here tonight. We have to discuss within that report progress towards achieving our measurable goals which are outlined in the permit. We have to show an assessment. How well we’ve been doing and then any changes that we need to make in our measurable goals and any upcoming activities that we plan. And then that entire annual report is submitted to the Minnesota Pollution Control Agency for review and approval and the approval Chanhassen Planning Commission – October 3, 2017 allows us to continue our permit the next year. We’re currently operating in the 2013 to 2018 permit cycle and following those rules and regulations. Everything our annual report is broken down into basically six minimum control measures. The first minimum control measure is public education and this is true for all municipalities that hold a Phase II MS permit so that’s all, most suburbs so the Phase I’s are like Minneapolis and the City of St. Paul. The first one like I said is public education. This is our outreach. This is our engagement. This is where we engage homeowners to install rain gardens. We work with school children. We do presentations and we just really get out there and help educate the public on what we feel and we’ve learned are the most important public education components. In the permit cycle we last had we were about 33 percent compliant. Not because we did not work very hard towards meeting that goal but there are just some new critical steps in the permit that we just have not quite met and those are identifying target audiences. Creating an actual implementation plan so writing down actually what we plan to do. And then having an annual evaluation which we didn’t do so those are pretty easy to update and we’ll have those by next year. The second one is public participation. This is, this actually has only two steps neither of which we quite achieved. One is to actually th this public hearing before June 30 and have the opportunity for public comment. We then are able to incorporate that into our annual report and show we’ve made any changes necessary. Doing it now at least shows we’re attempting to achieve compliance as best as possible. The only other component of that is then of course to notice this public hearing, which we have also done that as well. The only reason why we don’t make it of course is just because we are past the deadline so. Illicit discharge. This was actually a very large, had a lot of new components added in the last permit cycle. We do a very good job of actually reporting and working on any illicit discharges that we receive. We actually did a, we had 5 illicit discharges last permit, last year sorry, and responded well to each of those but some of the areas we do need to work on is we need to actually document our regulatory mechanisms which we haven’t done yet. We have to actually create a training and inspection program. We’re actually well underway with that to implement for next year so it will be compliant to the next permit cycle and that’s for all staff and city employees that might interact with illicit discharge so public works and the inspectors. And then we have to prioritize areas that might be high areas of risk for illicit discharge such as restaurants or industrial areas which we haven’t formally done that either. All of which are again easy to achieve within the next year. Construction site. This is the fourth minimum control measure. This one we are 67 percent compliant. This is our highest achievement as far as compliance. 67 percent doesn’t seem very high. However we are very exceptional actually in the City of Chanhassen towards construction site management. We have 139 site inspections. We had 19 actual construction sites. I mean we were very actively out there. The only reason why we didn’t get 100 percent on this one was because again some of those procedural issues that we haven’t documented which are written procedures for public input. Procedures for prioritizing sites and then enforcement response procedures. A lot of these things we do. We just haven’t formally documented them and approved them and that’s required so again once we do that we will be compliant. Our actual on the ground efforts are actually quite high compared to most cities. Post construction site minimum control measure. This is another one where we do a lot of actual work here within the city but it’s mostly documenting the work that we do and having documented procedures. In this case we’re 20 percent compliant. This includes areas 2 Chanhassen Planning Commission – October 3, 2017 like creating site plan review procedures. Having long term maintenance and inspection of private BMP’s. So BMP’s installed at private facilities. How we inspect and maintain them and insure they’re functioning. And then of course again enforcement response procedures. Documenting having that approved and written out so again I think this is something we’re working very hard towards completing for this year so that we will be compliant probably not this year but in the next following 2018. Then the last minimum control measure is good housekeeping. How well we are doing ourselves. This is like our street sweeping and our facility maintenance minimum control measure. We’re about 33 percent compliant. We do a lot of really great work. Again it’s, again we need to have a facility inventory and maintenance plan which we don’t have. We need to have inspection and maintenance plan written out for our best management practices. And we need to do a little bit more education and training and mapping so a little bit of data management. This is one again I think we can certainly achieve either this year or next year. So and then the last one which isn’t technically a minimum control measure but it is required in our permit is to address our impaired waters. Currently we have two that are registered. We have a few more coming. Both I’m sure you’re all familiar with hopefully. One is Bluff Creek. That one it’s been a little bit of a struggle. Staff working very hard from my understanding to actually get some pollution reduction measures put in. They just fell through but the effort was well recorded and documented. And then the other one is actually for Lake Virginia but we actually, Lake Minnewashta actually runs to it and there weren’t any identified projects that we could work on that year so but we are actively looking and working on both of those so that one we did a pretty good job on that one. And that sums up the little summary of our MS4 permit cycle for last year. Any questions, comments, now would be the time. Aller: So I guess the question is what can we do to help you move forward so that we come into compliance? Strong: That’s a very good question, thank you. A lot of this is procedural. Documenting procedures that we do. We’re just never formally adopted. I found a lot of great work towards completing them. They just never quite finished getting approved. I think that’s going to be the biggest step forward and a lot of this is actually incorporated into our local surface water management plan update and will be concurrent with that as well so I think just being ready to review a lot of really great procedures is really what’s coming down the pike on that one. Aller: Okay, great. Tietz: I have a question. Are these, in the percentages of being compliant are they on an annual basis or for the 5 year period? Strong: That’s also a great question. This was just my assessment for the previous year. One year. Tietz: For the previous year. 3 Chanhassen Planning Commission – October 3, 2017 Strong: (Yes). Tietz: So the previous, the years prior to that from ’13, how did we do in those years or is this just kind of a catch up thing that we’re chasing it every year to try to get? Strong: Well. Tietz: It’s hard for you to answer because you weren’t here but. Strong: No but I know that these, everything I listed that we are still working on compliance with are all things that were required in the 2013 permit cycle when that started. Tietz: Okay. Strong: Usually you have one year to become compliant. Obviously now it’s 2017 and we haven’t quite gotten there yet so we would have been non-compliant since probably about 2014- 2015. Tietz: Okay. Strong: In all of these. Tietz: So do the tasks change from year to year for this 5 year period or is it a set of standards for that whole 5 years and then we’re still working towards being compliant for 5 years? Strong: The tasks that I, that we need to be compliant on are not changing. Haven’t changed in that permit cycle. Tietz: Okay. Strong: They could change in the next permit cycle but it’s unlikely. The last permit was a pretty significant update for the PCA so they are unlikely, although I haven’t heard, to make any significant changes this permit cycle so you would assume that these are going to continue forward. They usually go quite a few years before making major revisions like this. Tietz: Thank you. Strong: Yeah. Aller: Great. Any additional questions? Aanenson: I’m just going to add one thing to emphasize what Vanessa said and that’s, and she’ll talk a little bit about it in the surface water management plan but once we adopt the 4 Chanhassen Planning Commission – October 3, 2017 Comprehensive Plan and the Surface Water Management Plan you have so many months to actually implement some strategies so some of these will be embedded in that strategy and I think also what was recognized is there might be things that we are doing but we don’t have the procedures in place so if you look at standard operating procedure it just, it’s onus on us now to do better recording of what we’re doing and training. I think that’s what she was saying so that’s something that we’re putting into our plan to say this is something we need to work on so to be better follow through on that. That’s what I heard her communicate. Strong: Yeah and that’s. Aanenson: Okay. Strong: Yep and that’s exactly what I was. Aanenson: So if there’s no questions Chair then I would recommend that you open the public hearing. Aller: So at this point in time we will open the public hearing and we’ll allow for any individual that wishes to do so to come forward and speak either for or against the report. Ask questions. Make comments and suggestions. This is an annual review and this is an opportunity and though we’ve been, it sounds like a little bit remiss in the past we’re coming to fruition here and we’re moving ourselves forward into compliance on these items and making sure that we have public input so now is the opportunity to do so. For those of you at home that wish to look at this at the website, the Chanhassen website does have our SWPPP and permit available to you for review so if you go to ci.chanhassen.mn.us/1085/SWPPP you can take a look at the documentation there and look at our permit and look at our plan as constituted presently and that’s broken down for you. You can pull it up into pdf’s. You can print it for yourself. You can review it so all this information is accessible to the general public for review and comment. Seeing no one come forward I’ll close the public hearing at this time and open it up for commissioner comments. Any suggestions? I guess my suggestion is that we make note of this. It sounds like one of the major issues that we do have to have is to have this done before June. Have a public hearing so as a Planning Commission I would recommend that we try to move this forward by calendaring it and getting it in on calendar. We may have to move it because issues come up but let’s do what we can as a commission to move this forward and to help ourselves get into compliance. Any other comments? So at this point in time the purpose of this is to hold the annual public hearing prior to submittal to the annual report. Allow for individuals to come forward and after receiving a description of the City’s progress towards measurable goals. Allow for the public to give input regarding those goals and then accept the input and forward it on. Aanenson: I was going to ask Vanessa how long are you going to have this up on the City’s website for people to comment? 5 Chanhassen Planning Commission – October 3, 2017 th Strong: Good question. Comments received before June 30 of that year get incorporated into thst our submission to the MPCA. Anything I received after June 30 and before December 31 I can wrap into the following year’s annual report so I will take them through the end of the year. Aller: Great so that’s an opportunity for the public to come forward and make a comment or make a suggestion if you choose to do so and that’s still acceptable and it will become part of our request and information and work process for the next year’s public meeting and moving forward so that we’re closer to being in full compliance by the end of this permit period. So with that, do we need a formal motion at all? Aanenson: No. I don’t believe so. Aller: I think it’s just gets accepted and then moves forward. Aanenson: Correct. Aller: So thank you very much. APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary Minutes of the Planning Commission meeting dated September 5, 2017 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aller: City Council action update. Aanenson: None. I guess we didn’t have a meeting and kind of got our big items done so I’ll just move onto the future agenda items. So you’ll hear the last section of the Comprehensive Plan which our water resources will go through and we’ve got a couple other. We want to revisit the goals. That was one thing you asked us to look at and then we’ll talk about the capital improvements plan too but so that public hearing will be held 2 weeks from today so we’ll be putting that out. The council will be reviewing the draft at their meeting next Monday and then they will, we’ll ask them to authorize it after your public hearing on that Friday. Just because we’ve authorized a review of that doesn’t mean people can’t comment because we will still hold another public hearing after received all the jurisdictional comments. This is the one circumstance where there’s 6 months for comments so we’re trying to get it out there so you’ll look at it again in March or April depending on what we get for feedback so while it goes to the counties there’s different groups within the county. You’ll have this county engineer, county planning department, public health so there’s different groups that look at it so just because it’s going to one agency so we’re sharing with the City Council where that’s going so that’s our big th item on for October 17. But we also are trying to clean up a couple of code amendments. We went to the City Council last week to talk about some of those ongoing. We’ve had issue papers 6 Chanhassen Planning Commission – October 3, 2017 that you’ve seen so the council directed us to work through those so the ones we want to get th going right away which we’ve noticed is the pervious pavers so that will also be on for the 17 and that was to try to find, that was a key financial strategy so water resources and planning is kind of working including engineering to try to work through that so that will be a public hearing on just that one code amendment because I don’t know how much comment will be on the th Comprehensive Plan. But then we do not have a meeting on November 7. That is a school st district election so we cannot hold a meeting so our next meeting would be on the 21 so there’s a number of code amendments that we’ll be taking forward. Some of them are clean up. You’ve seen most of the issue papers so pretty straight forward so we’re going to kind of take those in one fell swoop. We did move the Comprehensive Plan if needed. Let’s say there’s a lot of comments and you have follow up questions before you want to move forward with it, that we st would move that to the 21 so, and then we just have that one last meeting in December. There’s a couple of items that are on, if you look at the top of the, your agenda, some ongoing items that we think may come in. We’re working on the Holasek property. We’re also, there’s some people looking at Red Cedar Point for possible variance. We’re working on the site plan review, or site plan for some apartments on Santa Vera. I’m not sure all of those so we’ve kind of hit that window of they’re going to maybe wait to the first of the year if they go through and get approvals. They probably wouldn’t start anything this late but so those are out there so I think most the rest of this year we’ll be doing some code amendments and some clean up items so. Other than that I did include a couple other things Chairman and Planning Commission members in your packet. I committed to share with you the vision study that we’re working on so in your packet I included the market scan that Hoisington-Koegler put together for the City Council. There was a presentation that was given and this information will be also shared with a group. If you look at your calendar on the inside of that downtown plan, the downtown property owners and tenants, that meeting is this Thursday morning so we’ve invited those so they’ll be, the Hoisington-Koegler Group will be reviewing the market scan with them. Sharing what they think the strength and weaknesses. What the market would be. Again the goal for this is to update that downtown vision plan so we can strategically target uses in that district and also give us some marching orders as we move forward. We know infrastructure are some of the issues down there. Storm water management. Sidewalks. Streets. Those are some of the things we’ll identify that we get those into the capital improvement plan so this is for you, if you have questions I’ll take those in a minute. I’m just going to finish going through the schedule. So we have that meeting this Friday and that’s just for the property owners. Then we’ll review with the rd City Council some of the things we learned with those property owners on the 23. We’ll have a th public open house on November 8 and we’d encourage all you, you do not have a Planning th Commission meeting. The Planning Commission would have been on the 7, to come to that public open house. Have some different illustrations and drawings of the downtown plan. Look at some of those pieces that may be potentially redeveloped so I’ll send you all a reminder on that again too but that will actually be at the senior center right next door here so we want to get a lot of public comment on that too. Kind of looking at some of the components for the downtown study area so make sure that you can be informed of that and attend. Then we’ll bring that back to the City Council, those results and then there’ll be some implementation strategies 7 Chanhassen Planning Commission – October 3, 2017 so if that results in any amendments to the zoning district or some other things we’ll certainly share that with the commission so did anybody have any questions on that? Aller: I don’t. Does anybody have any? Randall: What time is that at again? Aanenson: I think we set it for 6:00 to 8:00. I’ve got it on my calendar. Hang on. Yes, 6:00 to 8:00 so I will send you all a reminder though too because I’d love to have you see it and give your input because that’s going to really help gel the plan as it goes forward to the City Council so your input I’d appreciate on that so. So those are some of the things that we’re working on as far as ongoing items that you asked me to follow up on. And then I just included an article I saw this article in the Wall Street Journal recently. Last week or so and that was on Aldi’s. Kind of what they’re looking and how they’re repositioning themselves. It was kind of interesting as they move into the Chanhassen market so I just wanted to share that with you. So that’s all I had Chairman and the rest of the Planning Commission. So if you wanted to adjourn then we can go through the work session items. Aller: Thank you. Any other comments, questions or concerns at this point from the commissioners? Okay so we’ll entertain a motion to adjourn and then again for the public’s interest and information we’re going to have an open discussion here. It will be not televised at this point. It will be after adjournment. It will be on the 2040 Comprehensive Plan. It will concern the surface water plan that we were just discussing this with. Introduction of goals and policies that we’re going to revisit and the CIP and implementation strategies so with that I’d entertain a motion to adjourn. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting wasd adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 8