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<br />GREENE <br /> <br />ESP E L <br /> <br />~\\\~:J <br />~ 'f" - <br /> <br />ATTORNEYS & COUNSELORS <br /> <br />JOHN M. BAKER <br />DIRECT DIAL No. (6121373-8344 <br /> <br />March 7, 1 997 <br /> <br />BY FAX <br /> <br />Timothy J. Nelson <br />Everest Development Ltd. <br />2665 Long Lake Rd., Suite 330 <br />Roseville, MN 55113 <br /> <br />Re: Centre Pointe EA W <br />Our File No.: 2043.151 <br /> <br />Dear Mr. Nelson: <br /> <br />This morning you faxed a letter to the City that states that "If the Council <br />determines to proceed with the EAW review on March 10, it is imperative that copies <br />of the City's responses to the EA W comments be made available todav. March 7." <br />You also requested that Mr. Welsch call or fax you a response this morning. <br /> <br />Yesterday the City mailed a letter to Everest Development Ltd. and the other <br />seventy-four persons or agencies (with disclosed addresses) who submitted <br />comments. The letter notifies you and the others of the postponement to the March <br />24, 1997 meeting of council action regarding a positive or negative declaration of the <br />need for an EIS. The City intends to devote the additional time provided by this <br />postponement to conduct a complete analysis of the issues presented in the EA Wand <br />in the comments provided in response to the EA W. <br /> <br />The City is conducting its review of the comments in accordance with its <br />obligations under the regulations of the EaS, including the obligation to respond in <br />writing to significant comments. Those regulations do not require that the RGU <br />complete and provide those responses upon demand several days in advance of any <br />City Council action. If you believe the City has such an obligation, I would appreciate <br />it if one of your attorneys could explain in writing why you believe the City might be <br />under such an obligation. Otherwise the City will proceed to complete the responses <br />according to its own timetable and the timetables of the professionals whose input is <br />needed to complete them. <br /> <br />Finally Everest and its attorneys have requested that the City hold a formal <br />hearing devoted to the Centre Pointe environmental review . As your attorneys have <br />conceded, the EQS regulations do not require the City as RGU to conduct such <br /> <br />333 SOUTH 7TH STREET f SUITE 1700 f MINNEAPOLIS, MN 55402 <br />612-373-0830 f FAX 612-373-0929 fE-MAIL DIR@GR-ESPEL,MSPHUB.COM <br /> <br />PROFESSIONAL LIMI'ED LIABILITY PARTNERSHIP <br /> <br />/ <br />