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<br /> MINUTES <br /> CITY COUNCIL <br /> <br /> MARCH 24, 2010 <br /> Montour asked the cost of an EAW. The City Planner was not sure, but <br /> suggested it could cost tens of thousands of dollars. The Planner noted <br /> that air EAW examines a lot of different issues, archeology just being oue <br /> of them. The purpose of the EAW is to determine whether or not there are <br /> environmental impacts that would necessitate the requirement of an <br /> Enviromnental Impact Statement (EIS). McGraw asked who would be <br /> responsible for paying the cost of the EAW. Keis asked if it were <br /> appropriate for the City to request an EAW. <br /> The City Attorney indicated that a petition requesting an EAW should be <br /> signed by 25 people. The Council has before it a request from Mr. <br /> IIimmelbach for an EAW. The request for an EAW would be submitted <br /> to the Environmental Quality Board, and the City Attorney thought that <br /> this Board would determine who is responsible for the EAW. The City <br /> Attorney gave a brief outline of the EAW process, which would begin <br /> with a petition submitted to the City, include notice requirements, etc. <br /> The City Attorney indicated, however, that it appears that the Gervais <br /> Woods project is exempt from an EAW, therefore, the issue is a moot one. <br /> Montour swzunarized that EAW's are required for some projects, but it <br /> appears the Gervais Woods project is exempt. This issue is before the <br /> Council since Mr. Himmelbach is requesting an EAW he ordered. The <br /> City Attorney reported that the City Council has some discretion on <br /> whether or not to order an EAW; however, projects of a certain size are <br /> exempt unless they are in a sensitive area. The City Attorney indicated <br /> that the City Comlcil can proceed only to the extent that it is given <br /> authority to do so by the State Legislature. <br /> Keis indicated that he understands Mr. Hinmlelbach's concerns, but noted <br /> that to date he has seen no evidence that this is an archeological sensitive <br /> area. Keis stated that it was bis feeling that an EAW was not necessary. <br /> Himmelbach stated that he did not think the Council understood his <br /> concerns, and stated that he is trying to get this project looked at properly. <br /> Keis noted that Mr. Himmelbach has been before the Council many times <br /> and has yet to produce the artifact That he claims to have found. <br /> IIimmelbach again stated that he did find artifacts, and would hire an <br /> attorney to help him pursue this issue but does not have the funds to do so. <br /> The City Attorney noted that the issue of an EAW is not formally before <br /> the City Council as the procedures spelled out under the law have not been <br /> followed. The Attorney stated that if the Council chooses to act on the <br /> Gervais Woods final plat it does not mean that a proper petition for an <br /> EAW could not yet be presented. <br /> IIimmelbach again stated that he was not trying to delay the project. <br /> IIimmelbach stated that he would like the archeology of the ridge <br /> 7 <br /> <br />