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Minutes of 8/27/07 Regular City Council Meeting Page 14 Councilmember Ihlan once again provided her interpretation of State Statute language and requirements for Final Plat approval and compli- ance with conditions of the City's own Code. City Attorney Anderson opined that staff had addressed those con- cerns raised by the public and City Councilmembers and interpreted that the Final Plat met every condition of City Code, Mr. Anderson suggested that individual Councilmembers could reject that interpreta- tion and not support the Final Plat; however, questioned what evi- dence Councilmembers were relying on -that of their staff who had been continuously reviewing the materials, or Mr. Thatcher's interpre- tations, when he had admitted that he hadn't thoroughly reviewed all the information provided to City staff. Mayor Klausing sought clarification from staff that Mr. Boryczka's concerns on page 2, paragraph 5, subparagraph c that the developer would construct a silt fence and his questioning of whether it would be adequate protection during construction. Mayor Klausing ques- tioned if this would be monitored by staff during construction. Mr. Schwartz advised that, as with all such construction activities, staff would be monitoring the site, and if the silt fence didn't appear adequate, construction would be halted until adequate silt fencing had been positioned to protect the area. Councilmember Kough sought clarification that, if the developer didn't take care of the problem, City staff would do so, and the City would be reimbursed by the developer; that provisions had to be done right one way or another. Mr. Schwartz affirmed Councilmember Kough's observations. Mr. Thatcher provided a final comment on his interpretation of City Code, and the need for soil borings to be done at the specific location of the proposed bio basins to determine their functionality, opining that the locations of the soil borings were not done in the correct spot on the property. Mr. Thatcher opined that the site was too small to re- quire MPCA permitting for bioretention.