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I I. I I I I I I I Ie I I I I I I I I. I ARDEN HILLS CITY COUNCIL - Anril10, 1995 6 Mayor Probst wanted to clarify for the audience, if the EA W was ordered, the City would select a neutral consultant to write the EA W. The City believes it to be true, that the cost would be covered by the developer. Councilmember Keim indicated since this proposal is for under 20 units, it could be defined as an exemption under the discretionary EA W. Mr. Fritsinger indicated there is a long list of impacts listed under an discretionary EA W, and this appears to fall under an exemption, Mr. Miller for clarification, indicated if the Council decides to order an EA W, they would determine if this EA W would fall under the category of Mandatory or Discretionary. lfit is decided the EA W is Discretionary, a long list of exemptions must be reviewed and if an exemption is found, an EA W cannot proceed. Mayor Probst indicated if there is a change in flow of drainage to a protected wetland this could fall under a mandatory EA W. Mayor Probst opened the floor to the public and indicated all comments and testimony from the previous Planning Commission and City Council meetings are on the record and need not be repeated. Mr. Tom Casey, 2854 Cambridge, Mound, MN; an attorney representing the Neighbors of Valentine Lake, Inc., indicated he was prepared to talk in regards to various issues pertaining to the EA W process. He noted he would like to clarify the staff analysis for the EA W exemption. This exemption is not appropriate as he indicated the rule regarding 20 units is modified if the site is within the Shoreland classification area. He noted the site as defined by the Ordinance is within 1,000 foot line around Valentine Lake. This would remove the site from exempt status and require the EA W to be performed under a mandatory determination. He indicated he had spoken with Mr. Downing from the DNR regarding that site in reference to the Shoreland Management Ordinance. Mr. Casey indicated since the property is located within the Shoreland Management District, the definition would then return to the Mandatory versus the Discretionary EA W. Mr. Fritsinger indicated in reference to the Shoreland Ordinance, the Ordinance does state 1,000 feet would be correct, but the City has a map detailing the Shoreland and Floodplain areas and this property is not in either of these areas. The City is attempting to contact the DNR to verify how the Ordinance applies to this site. Mr. Casey indicated he would give legal analysis regarding the EA W issue.