2016.06.21 PC Minutes - Laserfiche WebLink

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PLANNING COMMISSION PROCEEDINGS Regular Meeting — June 21, 2016 7:00 p.m. Present: Chairperson Erin Nichols-Matkaiti, Commissioners Steve Danger, Marvin Deick, Jeanne Frischman, Dania Miwa, Melissa Murphy, and Verne McPherson Absent: None Also Present: Janice Gundlach- Assistant Director of Community Assets & Development/Planning Director, and Paul Jacobsen-Councilmember Agenda Review: There were no changes to the agenda. Minutes from May 17,2016: Motion by Commissioner Danger, seconded by Commissioner Deick, to approve the May 17, 2016 meeting minutes as presented. Approved 7-0. Council Action: Councilmember Jacobsen discussed the electronic agenda system that was now being utilized by the City Council and Planning Commission. He reviewed the Planning items that were approved by the Council. He commented on the road construction that was occurring in and around New Brighton. He noted the water interconnection with the City of Minneapolis was running on schedule. Public Hearing — Old Business: (A) The City of New Brighton requests consideration of new Chapter 12 to the New Brighton Zoning Code, creating a Shoreland Ordinance. Planning Director Janice Gundlach reported City staff has contacted the Minnesota Department of Natural Resources (DNR) three additional times since the May 17, 2016 Planning Commission meeting concerning review and comment on New Brighton's most recent Shoreland Ordinance draft. The latest response from the DNR indicated comments would be received prior to the June 21 st meeting. As of the time the written report was drafted for the Planning Commission, staff had not received comments. Staff has discussed with the City Attorney proceeding to adopt the ordinance without formal acceptance from the DNR. Ultimately, it was determined it was better to adopt an ordinance without approval from the DNR as opposed to the current situation where the City lacks an ordinance entirely. However, before proceeding it has been recommended City staff communicate to the DNR the City's intentions to adopt without their comment. Staff was recommending that if comments are not received in time for the June 21 st meeting, staff will provide formal communication to the DNR of the City's intentions to adopt the ordinance in July with, or without their comments. Worst case scenario is the DNR provides comments after the ordinance has been adopted, in which case the City will simply process a code amendment, assuming the issue is resolvable. Planning Director Gundlach stated the DNR contacted her today and explained they would be accepting the City's draft Ordinance. She discussed the conversation she had with the DNR in detail and noted the DNR also accepted the 50% hardcover request. Staff recommended the Commission re -open the public hearing, being the