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.