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pity ~~uncii Study Sessi~ Monday, July 16, 200'7 Page 21 Ayes: Pust; Roe; Ihlan; Kough and Klausing. Nays: None City Attorney Scott Anderson clarified Minnesota State Statute 4410.1700 related to rules on substantive comments; typical reliance on staff s expertise; noted that this was the f rst EAW considered by the City Council during his tenure; relation of the proponent {appli- cant) and RCrZJ; four (4) possible criteria or findings to determine if the EAW was sufficient or if there was potential for significant envi- ronmental impact indicating that an EIS was required; and mitigation of environmental effects anticipated, controlled, and subject to mitiga- tion by ongoing public regulatory authority. Mr. Anderson advised that the EAW served as only an informational document, and it was not uncommon for changes to be made as a result of the EAW, and was indicative of what environmental review was meant to accom- plish. Mr. Anderson confirmed that, under the City's own IUD rules, the City was allowed to sequence certain occurrences of building and expansion, based on the EAW analysis. Councilmember Ihlan opined that if this was the first EAW for the City, staff would not have the experience and expertise to review and respond to an EAW; and this would be creating the City's reliance on the applicant's expertise, rather than the City providing an independ- ent review of the adequacy of the EAW. Councilmember Ihlan opined that technical expertise of achy-retained consultant was indi- cated on such a complex and complicated project. Community Development Director John Stark clarified that, while the City may not have reviewed an EAW prior to this; he had been in- volved throughout the review process with staff and the applicant, and advised that his previous personal project management experience during his career to-date included review of at least four (4) EAW's, one (1) AUAR, and one (1) EIS. Mr. Stark assured the City Council that staff had substantial levels of knowledge and expertise among the group, and if issues came up outside their area of expertise, they would seek outside consultation for that additional knowledge to pro- tect the best interests of the City.