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<br />City Council Regular Meeting - 12/06/04 <br />Minutes - Page 24 <br /> <br />record. <br /> <br />Councilmember Schroeder called for a Point of Order, <br />questioning Councilmember Ihlan' s intent in reiterating her <br />arguments. <br /> <br />Councilmember Ihlan noted that she was attempting to make the <br />legal arguments to persuade Councilmembers to consider <br />granting the petition. <br /> <br />Councilmember Schroeder opined his preference for staff s <br />interpretation and their expertise in the matter, but offered his <br />recognition of hearing out Councilmember Ihlan's opinions, <br />philosophy and interpretations. <br /> <br />Councilmember Ihlan presented proposed amendments to draft <br />resolution granting petition for environmental worksheet, <br />December 6, 2004. Councilmember Ihlan concluded her <br />comments by opining that under the technical legal language of <br />the rule, it was her interpretation and opinion that, based on the <br />evidence on record and applicable to the rule, the AUAR was no <br />longer valid. <br /> <br />Mayor Klausing respectfully disagreed with Councilmember <br />Ihlan's legal interpretation; and reminded Councilmember <br />Kough, related to his previous comments, that tonight's decision <br />was not about a land use application, but whether the AU AR <br />remained valid, or whether preparation of an EA W was advised. <br /> <br />City Attorney Jay Squires concurred with Mayor Klausing's <br />comments regarding any future land use process and the various <br />requirements that could be addressed at that time, depending on <br />the actions of the City Council tonight. <br /> <br />Councilmember Maschka spoke in favor of the motion; opining <br />that he didn't believe any thresholds had been met, that the <br />preponderance of evidence provided supported the validity of the <br />AUAR, and that the end product would prove a vastly improved <br />area for the Ci ty. Councilmember Maschka noted that the <br />process ahead of the developer and the City Council would <br />address the environmental issues brought forward, as well as <br />