CC_Minutes_2014_0113 - Laserfiche WebLink

Home

Regular City Council Meeting Monday,January 13, 2014 Page 14 access that information directly from the MPCA. Mayor Roe further opined that, if the developer could make their reporting or data similar to the format of an EAW, it would make following the document even more helpful to the City Council and public. Mr. Nordland offered willingness to provide an Executive Summary of the docu- ment, referencing actual reports for the public and City Council to access. Regarding any potential action the City Council may take to waive their policy requiring a discretionary EAW, City Attorney Gaughan pointed out, that for obvi- ous reasons, the language of that motion should state that this action as based on the contents of the RCA presented tonight, and information and representations made by staff and the developer at tonight's meeting. City Attorney Gaughan ad- vised that his concern was not related to this project, but any future projects that may come along, cautioning the City Council from allowing any confusion on the rationale for their waiver or future denial of the waiver and that the rationale not be arbitrary or capricious. At the request of Councilmember McGehee, City Attorney Gaughan advised that it was not necessary to enumerate actual findings for waiving the EAW Policy in this case, but simply that the record be clear that any motion to waive is based on all information in the City Council packet and representations made by the devel- oper regarding future conduct with environmental actions. Noting that this meet- ing is a recorded event, in addition to the written meeting minutes, City Attorney Gaughan opined that the recording should suffice for this particular motion. Councilmember Laliberte noted that the City Council was granted Port Authority from the legislature in 1987 to clean-up this site, which had not yet been accom- plished. Mayor Roe opined that any subsequent motion should also be contingent on this specific project; and not provide a waiver for the site, only this particular project. McGehee moved, Willmus seconded, to WAIVE the discretionary EAW for this specific project as presented and under these circumstances; including the infor- mation provided in the RCA dated January 13, 2014, and oral information and representations provided by Mr. Nordland as a representative of the development team for this project. Councilmember McGehee expressed her strong support for EAW's; however, based on the developer's representation tonight, with some hesitation spoke in support of the motion. Roll Call Ayes: Willmus; Laliberte; McGehee; and Roe.