HomeMy WebLinkAbout06-090
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-090
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING LIESCH ASSOCIATES, INC.
TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE PREPARATION OF A
SUPPLEMENTAL EAWWITH RESPECT TO CONDITIONAL USE PERMIT 01-19 (APPROVED
FEBRUARY 27, 2001)
Motion By: Millar
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 pr.esented to the Court a motion for summary
judgment in the" SMSC's lawsuit, arguing that the City properly deniadthe EAWpetition
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, On April 3, 2006, the City Council adopted Resolution 06-051 directing preparation of a
Supplemental EAW to be consistent with the Court's guidance and interpretation, as
clarified; and
WHEREAS, Professional services are required for this project.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
. ': ~:y'iWpfp[iorlak~.(;o.rn.
Phone 952.447.4230 / Fax 952.447.4245
2. The Mayor and City Manager are authorized to execute the City's standard professional services
contract with Liesch Associates, Inc. to provide professional services for the preparation of the
EAW for the Jeffers Pond development.
3. The funding for the contract is to be paid in its entirety by the developers.
PASSED AND ADOPTED THIS 5TH DAY OF JUNE, 2006.
Haugen
Dornbush
Erickson
I leMair
I Millar
YES
X
X
X
X
X
NO
Haugen
Dornbush
Erickson
leMalr
Millar
ru L.I
Frank Boyles, Ci~~
1:\COUNCIL\RESOLUTI\PLANRES\2006\06-090 Supplemental EAW CUP 01-19.DOC