Reviews Experiences
A discussion of the staff's report followed. Although Mader acknowledged that the petitioner had not submitted facts to prove that Ryan's gravel excavation operation "would necessarily represent a risk to the water supply," he believed that the petitioner had submitted facts showing that Ryan's operation might pose a threat to the water supply. Mader continued, asking questions about the acreage that Ryan intended to mine, traffic concerns, and effects Ryan's operation would have on water resources. Mader concluded, "I'm not persuaded that * * * there isn't a potential environmental problem, nor * * * am I persuaded that this can be carried out without impact on neighboring properties, significant impact on neighboring properties."priorlakelaw Gundlach followed Mader. Gundlach asked about an observation well, traffic concerns, an aquifer, noise concerns, enforcement of conditions attached to Ryan's CUP, and tree replacement. Petersen spoke next. He believed that the Council should grant the petition for an EAW: I think it's certainly appropriate that as a Council deliberates and makes decisions, that it do so, hopefully without threat of litigation, but if there is a threat of litigation, the Council at least have an opportunity to hear from our counsel regarding what the implications of litigation would be and what the probability of litigation, that sort of thing. I think it'd be very imprudent for the Council to sit and make decisions without talking to its own counsel when there is implied litigation. I read this as a clear indication of a threat of litigation, and I am going to suggest to the rest of the Councilmembers, that it is not inappropriate for the Council to meet in executive session to discuss any potential action that relates to potential litigation, and I'm not so sure that it wouldn't be very appropriate for the Council to recess and go into executive session so that we can discuss with counsel in an executive session just how we should view this threat of litigation relative to the actions that are before the Council this evening. Gundlach made a motion to recess into executive session and Ericson seconded the motion. Schenck questioned the propriety of the meeting's closure: