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REQUEST FOR CITY COUNCIL ACTION <br />1.0 BACKGROUND: <br />1.1 On August 18, 2003, the City Council continued the Mogg development proposal to <br />September 15 to allow the City Planner additional time to review and bring forward <br />a recommendation regarding environmental impacts and the need for an <br />Environmental Assessment Worksheet (EAW). <br />Chapter 4410.4300, subpart 19 states the following regarding mandatory EAW review for <br />residential developments: <br />Local governmental unit is the RGU for construction of a permanent or potentially <br />permanent residential development of: <br />250 unattached units or 375 attached units in a city within the seven - county Twin <br />Cities metropolitan area that has adopted a comprehensive plan under Minnesota <br />Statutes, section 473.85, or in a city not located within the seven - county Twin Cities <br />metropolitan area that has filed with the EQB chair a certification that it has <br />adopted a comprehensive plan containing elements listed in the Dotes (see <br />attachment — specifically water - related land use management district). <br />The Guide to Iinnesota Environmental Review Rules developed by the <br />Environmental Quality Board state: "'Regardless of whether a petition is filed, any <br />government unit can order a discretionary EA W if it is determined that the prqiect <br />may have the iDotential for sienWicant environmental effects. runless the aroiect is <br />exempt (part 4410.45411). <br />Exempt Categories: Construction of a severed residential development, no part of <br />which is within a shoreland area, delineated flood plain state or federally designated <br />wild & scenic river district, the Minnesota Diver Project Riverbend area, or the <br />Mississippi headwaters area of: <br />Less than 40 units in a second class city. <br />X3489 RCA PUD Concept 091503 Page <br />