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HomeMy WebLinkAboutCity Council Resolution 1989-447CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 7th day of August, 19.8j_ The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION 89-447 ESTABLISHING POLICY REGARDING THE ADMINISTRATIVE PROCEDURES TO BE FOLLOWED IN THE IMPLEMENTATION OF THE MINNESOTA ENVIRONMENTAL REVIEW PROGRAM WHEREAS, state law and administrative rules established the Minnesota Environmental Review Program regarding the need for and processing of Environmental Assessment Worksheets and Environmental Impact Statements; and, WHEREAS, the state law and rules determine when the City is the designated Responsible Governmental Unit; and, WHEREAS, the state law and rules determine the prohibitions on governmental approvals and permitted construction until after the required environmental review is completed; and, WHEREAS, it is the policy and practice of the City of Plymouth to expedite applications for approval of proposed developments and to have a high standard of information necessary to properly evaluate and understand new physical development in the City; and, WHEREAS, the City administrative staff and the City Attorney have reviewed current state law and rule with respect to the requirement the City must follow in the implementation of the Minnesota Environmental Review Program; NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following as C'.cy Policy regarding the administrative procedure to implement the Minnesota Environmental Review Program whenever the City is the designated responsible governmental unit or the proponent; 1. Preparation of the required environmental documents for proposed development shall be at the direction of the City. The developer shall submit draft environmental documents to the City for review and revision, if necessary, so that the final required environmental documents can be prepared, signed, •nd .!:stributed consistent with state rules. The expenses of preparation, production, and distribution of the required documents, shall be borne by the developer. 2. Information shall be submitted to substantiate and illustrate the data included in the required environmental documents. The information shall Resolution No. 89-447 Page Two be submitted in such detail and format as defined by the City so to be easily reviewed and understood by the public and by the agencies who are called upon to review the environmratal documents. 3. The required documentation shall be submitted and processed in full before any physical development, site preparation, or other alteration of the property related the proposed development is started. 4. The environmental review process shall normally start before or during the review of the proposed development by the City so that the conclusions of the required environmental review program are available to the City before any formal action is taken. 5. There may be situations which require processing required documents for the environmental review program after any formal action by the City. This shall be allowed only subject to conditions that will be incorporated in that City action; those conditions shall be approved by the City Attorney as being consistent with the requirements of state law and rules. 6. All applicants whose proposed development requires the processing of environmental documents under the state environmental review program and whose developments involve a preliminary plat shall, in writing, at the time of the preliminary plat application, acknowledge that the review process may extend beyond the statutory time for City action on the preliminary plat application, pending the completion of the required environmental review process, and agree to that extended time. An alternative to the foregoing may be allowed by the City whereby the applicant agrees in writing at the time of preliminary plat application to explicit conditions approved by the City Attorney as being consistent with the requirements of state law and rules that would be adopted in conjunction with the approval, if any, of the proposed preliminary plat. The City shall provide the prospective applicant with the conditions at the time of the application. Applicants who choose not to exercise either of the foregoing shall submit the required environmental documents for the state review program and the required process must be fully completed before a formal application is accepted by the City for preliminary plat approval. 7. The Community Development Director will consult with the City Attorney with respect to applications for other than preliminary plats where City approval is sought in conjunction with or in advance of final processing of required documents for the environmental review program. The applicant shall be subject to provisions similar to those described in No. 6 when it is determined by the City that the process time and/or the obligations of the City resulting from the requested approval action require formal understandings and assurances. The motion for adoption of the for -going Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following voted against or abstained Nnnv Whereupon the Resolution was declared duly passed and adopted.