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DRAFT Minutes of 8/27/07 <br />Regular City Council Meeting <br />Page 14 <br />1 Councilmember Ihlan once again provided her interpretation of State <br />� Statute language and requirements for Final Plat approval and compli- <br />:� ance with conditions of the City's own Code. <br />� <br />� <br />� <br />� <br />� <br />9 <br />1� <br />11 <br />72 <br />� ;� <br />]� <br />City Attorney Anderson opined that staff had addressed those con- <br />cerns raised by the public and City Councilmembers and interpreted <br />that the Final Plat met every condition of City Code, Mr. Anderson <br />suggested that individual Councilmembers cou�e� rej ect that interpreta- <br />tion and not support the Final Plat; however, questioned what evi- <br />dence Councilmembers were relying on �-. that of their staff who had <br />been continuously reviewing the materials, or Mr. Thatcher's interpre- <br />tations, when he had admitted that he hadn't thoroughly reviewed a11 <br />the information provided to City staff. <br />1� Mayor Klausing sought clarification from staff that Mr. Boryczka's <br />1� concerns on page 2, paragraph S, subparagraph c that the developer <br />1 F� would construct a silt fence and his questioning of whether it would <br />1� be adequate protection during construction. Mayor Klausing ques- <br />1{� tioned if this would be monitored by staff during construction. <br />2�} <br />� 7 Mr. Schwartz advised that, as with all such construction activities, <br />�`� staff would be monitoring the site, and if the silt fence didn't appear <br />2:� adequate, construction would be halted until adequate silt fencing had <br />�� been positioned to protect the area. <br />2� <br />�6 <br />��� <br />�.S <br />�9 <br />�� <br />:� 1 <br />�'� <br />Councilmember Kough sought clarification that, if the developer <br />didn't take care of the problem, City staff would do so, and the City <br />would be reimbursed by the developer; that provisions had to be done <br />right one way or another. <br />Mr. Schwartz affirmed Councilmember Kough's observations. <br />�� Mr. Thatcher provided a final comment on his interpretation of City <br />�4 Code, and the need for soil borings to be done at the specific location <br />�5 of the proposed bio basins to determine their functionality, opining <br />�� that the locations of the soil borings were not done in the correct spot <br />�� on the property. Mr. Thatcher opined that the site was too small to re- <br />:���3 quire Ml'CA permitting for bioretention. <br />�i� <br />