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1 <br />1 <br />1 <br />COUNCIL MEETING MAY 8, 1995 <br />developer should also be directed to monitor the drainfield at <br />6275 Holly Drive to determine if the subdivision improvements are <br />rendering it unusable. <br />Mr. Powell noted that Mr. Rocky Keehn and Ms. Bettendorf who <br />prepared the review letter from SEH are in the audience and are <br />available to answer questions. <br />Council Member Neal asked who would pay for the EAW if the City <br />Council would require preparation of one. Mr. Powell explained <br />that if an EAW would be prepared, the developer would pay the <br />cost. <br />Council Member Elliott moved to deny the EAW petition for the <br />reasons presented in the SEH letter to Ms. Wyland dated April 20, <br />1995. Council Member Bergeson seconded the motion. <br />Chris Lyden, 6275 Holly Drive - Mr. Lyden said he is concerned <br />because this process started March 29, 1995 when the EQB sent a <br />letter to the City. The reason the citizens had concerns <br />initially is because Trapper's Crossing has been in process for <br />over a year and yet the residents have not seen any detail work <br />on the water run -off effects. Mr. Lyden noted that this plat <br />still has not been approved by Rice Creek Watershed District <br />(RCWD). He said that the residents concerns led them to petition <br />for the EAW. <br />Mr. Lyden referred to the March 29th letter, item No. 4, which <br />states that the City has 30 working days to determine if the <br />petition is to be approved or denied. He expressed concern <br />regarding the process. SEH sent a letter to the City on April <br />20, 1995 and it was not considered by the City Council until the <br />May 3, 1995 work session. In the meantime, citizens obtained a <br />copy of the SEH letter and appeared at the May 3, 1995 meeting to <br />ask questions about its contents. At that meeting the citizens <br />were told that the City Council was just now reviewing the letter <br />and would be addressing it this evening. Mr. Lyden explained <br />that the deadline for action on the EAW petition was this evening <br />and asked when was there any opportunity for citizens to review <br />the report with the City Council so that an amicable decision <br />could be made? Could the SEH response have been reviewed earlier <br />to provide more dialogue and a better understanding could have <br />been reached? Mayor Reinert noted that at the work session, <br />Council Members were asked to contact Mr. Powell if they had any <br />concerns or questions about the SEH letter and recommendation. <br />Mr. Powell explained that at the work session, he commented that <br />the citizens received a copy of the SEH letter before the City <br />Council did. He felt that this was inappropriate because <br />PAGE 9 <br />