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<br />- <br /> . <br />ARDEN HIL):,S CITY COUNCIL - Amil 10, 1995 6 .. <br /> I <br />Mayor Probst wanted to clarify for the audience, if the EA W was ordered, the City would select a I <br />neutral consultant to write the EA W. The City believes it to be true, that the cost would be covered <br />by the developer. <br />Councilmember Keirn indicated since this proposal is for under 20 units, it could be defined as an I <br />exemption under the discretionary EA W. Mr. Fritsinger indicated there is a long list of impacts <br />listed under an discretionary EA W, and this appears to fall under an exemption, I <br />Mr. Miller for clarification, indicated if the Council decides to order an EA W, they would determine <br />if this EA W would fall under the category of Mandatory or Discretionary. Ifit is decided the EA W I <br />is Discretionary, a long list of exemptions must be reviewed and if an exemption is found, an EA W <br />cannot proceed, <br />Mayor Probst indicated if there is a change in flow of drainage to a protected wetland this could fall I <br />under a mandatory EA W. I <br />Mayor Probst opened the floor to the public and indicated all comments and testimony from the <br />previous Planning Commission and City Council meetings are on the record and need not be el <br />repeated. <br />Mr. Tom Casey, 2854 Cambridge, Mound, MN; an attorney representing the Neighbors of . <br />Valentine Lake, Inc., indicated he was prepared to talk in regards to various issues pertaining to the <br />EA W process. He noted he would like to clarify the staff analysis for the EA W exemption, This <br />exemption is not appropriate as he indicated the rule regarding 20 units is modified if the site is I <br />within the Shoreland classification area. He noted the site as defined by the Ordinance is within <br />1,000 foot line around Valentine Lake. This would remove the site from exempt status and require <br />the EA W to be performed under a mandatory determination. I <br />He indicated he had spoken with Mr. Downing from the DNR regarding that site in reference to the I <br />Shoreland Management Ordinance. <br />Mr. Casey indicated since the property is located within the Shoreland Management District, the . <br />definition would then return to the Mandatory versus the Discretionary EA W. <br />Mr. F ritsinger indicated in reference to the Shoreland Ordinance, the Ordinance does state 1,000 feet I <br />would be correct, but the City has a map detailing the Shoreland and Floodplain areas and this <br />property is not in either of these areas. The City is attempting to contact the DNR to verify how the <br />Ordinance applies to this site. I <br />Mr. Casey indicated he would give legal analysis regarding the EA W issue. -. <br /> I <br />