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Recommendation: <br />Bolten and Menk are recommending that the City Council deny the petition for an EAW <br />based on the findings included in your packet, some of which include: <br />1) The Diamords proposal does not propose impacts that warrant a mandatory EAW. <br />2) The proposal is not located in the Critical Area, Wild and Scenic Area, and the <br />MNRR.A corridor; <br />3) The active breeding eagles' nest is over 1,300 feet from the Diamonds property, and <br />located outside the tertiary zone of protection. <br />4) There is little evidence that the noise .impacts, will exceed the impacts of the existing <br />and planned infrastructure and other development in the area. <br />5) Soil and groundwater impacts can be mitigated through the requirement of a <br />stornwater management plan. <br />6) Traffic and parking impacts will- not exceed the impacts of the existing and planned <br />improvements for the .area,- and will not exceed the existing parking demands at <br />Diamonds. <br />7) The cumulative impacts associated with the Diamonds request will not exceed the <br />cLUnulative impacts to be expected with other development in the area. <br />Funding Source: <br />The cost of funding the Bolten and Menk study was paid for through the City Council <br />contingency fund, per City Council direction. <br />Council Motion: <br />Motion to adopt Resolution #12-07- adopting findings of fact relating to the November <br />16, 2007 citizen's petition to conduct an Enviromnental Assessment Worksheet with regard <br />to the Application to conduct up to thirteen events per year on its property, identified in <br />attached Exhibit A. <br />-and- <br />Motion to adopt Resolution #12-07- determining that an Environmental Assessment <br />Worksheet is not warranted, based on the findings of fact, referenced above. <br />Review Checklists <br />City Attorney <br />Interim CD Director <br />Interim Asst. CD Dire t <br />City Administrator <br />CC 12.11.07 <br />-244- <br />