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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 - AnrillO. 1995 9 Mr. Price indicated if the Council votes in favor of an EA W, the Council would be doing it on the basis of a Discretionary EA W and then in order for the Council to do that, the Council would have to find evidence that there was a significant environmental impact to the site. Mr. Price stated the analysis and study done by the Rice Creek Watershed District will answer most questions for which an EA W would provide answers, Mr. Price indicated the burden of proof upon the petitioners is more than just finding water and wildlife on the site. Mr. Price indicated he had spoken with the Environmental Quality Board that only lout 5 of petitions are granted. Mr. A. W. Chaney, 1732 Venus Avenue, indicated he has been watching wildlife in the area for 30 years and has seen wild turkeys. He indicated that the wildlife he has seen have traveled from east to west at dawn and west to east at dusk, therefore this area is a corridor and would be cut off if the development proceeded. Mr. Jim Summerfield, 1710 GIenview Avenue, indicated a few reasons for requesting an EA W, First timing, it has been less than 60 days since a letter of petition has been submitted. Secondly, it is in the best interest of the City. Mr. Summerfeld also indicated in reference to Commissioner Rye's statement that as a property owner, the developer has a right to develop the land as he/she sees fit. He agreed with the Commissioner's statement, but at the same time questioned if the individual interest is in the best interest of the community. He felt this development would be done at the community's expense. Mr. Summerfeld expressed concern that it would not be good policy for the City to ignore the desires of the community. Mr. Price indicated that Mr. Ogren has complied with all that has been required for the application for PUD. Mr. Ogren has been considerate of the environment and his goal is to have a first class development. Mr. Price felt the 60-90 day delay would be unfair to Mr. Ogren and is only a stall measure. Mr. Price noted all the information that is being requested in an EA W, has already been provided. Mr. Price indicated that he has no record that the City has an ordinance that authorizes the City Council to pass on the expense of an EA W onto the developer. Mr, Casey indicated there was a misquote of the law, it states may have potential for environmental impact, MN Rule 4410.21000.