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City Council Study Session Mond�y, July lb, 2007 P�ge 21 1 Ayes: Pust; Roe; Ihlan; Kough and Klausing. 2 Nays: None 3 4 City Attorney Scott Anderson clarified Minnesota State Statute 5 4410.170� xelated to rules on substantive comments; typical reliance 6 on staffls expertise; noted that this was the first EAW considered by 7 the City Counc�l during liis tenure; relation of the proponent (appli- S cant) and RGU; four (4) possible criteria or findings to determine if 9 the EAW was sufficient or if there was potential for significant envi- 10 ronmental impact indicating that an EYS was required; and mitigation 11 of environmental effects anticipated, cont�-olled, and subj�ct to mitiga- 12 tion by ongoing public regulatory authority. Mr. Anderson advised 13 that the EAW served as only an informational document, and it was 14 not uncommon for changes to be made as a result of the EAW, and 15 was indicative of what environmenial review was meant to accom- 16 plish. Mr. Anderson confirmed that, under the City's own PUD rules, 17 the City was allowed to sequence certain occurrences of building and l.8 expansion, based on the EAW analysis. 19 20 Counc�lmember Ihlan opined that if this was the frst EAW for the 21 City, staff would not have the experience and expertis� to review and 22 respond to an EAW; and this would be cr�ating the City's reliance on 23 the applicant's expertise, rather than the City providing an independ- 24 ent review oF the adequacy of the EAW. Councilmember Ihlan 25 opined that technical expertise of a czty-re�ained consulta.nt was indi- 26 cated on such a complex and complicated project. 27 28 Community Development Director John Stark ciarified that, while the 29 City may not have reviewed an EAW prior to this; he had been in- 30 volved throughout the review process with sta:Ef and the applicant, and 31 advised that his previous personal project management experzence 32 during his career to-date included review of at least four (4) EAW's, 33 one (1) AUAR, anci one (1} EIS. Mr. Stark assured the City Council 34 that staff had substa.ntial levels of knowledge and expertise among the 35 group, and if issues came up outside their area of expertise, they 36 would seek outside consultation for thai additional knowledge to pro- 37 tect the best interests of the City. 38