HomeMy WebLinkAbout06-051
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-051
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL RESCINDING IN PART RESOLUTION 05-
130 AND DIRECTING SUPPLEMENTATION OF THE EAW WITH RESPECT TO CONDITIONAL USE
PERMIT 01-19 (APPROVED FEBRUARY 27,2001)
Motion By: LeMair
Second By: Dornbush
WHEREAS, On July 18, 2005, the City Council denied the Shakopee Mdewakanton Sioux
Community's petition for a supplemental Environmental Assessment Worksheet
(Resolution 05-130); and
WHEREAS, On August 15, 2005, the SMSC initiated a lawsuit against the City contending that the
denial of its petition for a supplemental EAW was improper; and
WHEREAS, On December 21, 2005, the City presented to the Court a motion for summary
judgment in the SMSC's lawsuit, arguing that the City properly denied the EAW petition
because Minn. R. 4410.1000 subp. 5 of the Environmental Review Rules did not
require a supplemental EAW if the project did not substantially change; and
WHEREAS, The SMSC agreed with the City that the lawsuit presented a legal question about the
interpretation of the Environmental Review Rules, but the SMSC argued that "the City
was obligated to review the impacts of the gravel mine on the surrounding land use
because of the significant changes in the area"; and
WHEREAS, On January 24, 2006, the Court issued the Order denying City's motion for summary
judgment in SMSC's lawsuit, for reasons that implied the Court might have agreed with
the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the Environmental Review
Rules; and
WHEREAS, Following a request for clarification of the Order, the Court explained that the Court
agreed with the SMSC's interpretation of Minn. R. 4410.1000 subp. 5 of the
Environmental Review Rules, that the City should consider changes in the area
surrounding the proposed gravel mine; and that it would be "a very good idea" to
prepare a supplemental EAW; and
WHEREAS, The City Council wishes to act consistent with the Court's guidance and interpretation,
as clarified.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
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1. The recitals set forth above are incorporated herein.
2. The denial of the SMSC's petition for a supplemental EAW (Resolution 05-130) is hereby
rescinded.
3. The City staff is hereby directed to prepare a supplemental EAW with respect to the project subject
to CUP 01-19.
PASSED AND ADOPTED THIS 3RD DAY OF APRIL, 2006.
Hauaen X Hauaen
Dornbush X Dornbush
Erickson Erickson X
LeMair X LeMair
Millar X Millar
YES
NO
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