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• AGENDA ITEM 6 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 9, 2004 TOPIC: PUBLIC HEARING Resolution 04 -116 Negative Declaration On The Need For An Environmental Impact Statement Pheasant Hills Preserve 12th Addition VOTE REQUIRED: 3/5 BACKGROUND An Environmental Assessment Worksheet (EAW) prepared for Pheasant Hills Preserve 12th Addition has undergone public review. The City received public comments and staff prepared a draft Record of Decision document in July, which includes responses to the public comments. The Environmental Board considered the draft Record of Decision and recommended a negative declaration on the need for an Environmental Impact Statement (EIS). The next step is for the City Council to make a declaration on the need for an EIS. For reasons discussed in the Record of Decision document and summarized in this report, staff is recommending a negative declaration: a decision that an EIS is not justified. The responses to the public comments can be revised as determined by the City Council. The Record of Decision, including the resolution, will be sent to all agencies on the EAW distribution list and to everyone who sent in comments on the EAW. The City Council discussed the question at the work session on July 21st and decided to hold a public hearing. As a reminder, the decision on the EAW is not an approval or denial of the development project. The EAW addresses potential environmental impacts. Information in the EAW should inform the decision on the project itself, but action on the project is a different decision. Once the environmental review process is completed, the project application itself will come to the City Council for consideration. Because of information collected for the EAW, revised plans will be needed to bring the project application to the City Council. ANALYSIS The environmental review process is laid out in MN Rules Chapter 4410. To assist in considering the need for an EIS, here is a part of Minnesota Rules 4410.1700, Subpart 7,