HomeMy WebLinkAbout06-219
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-219
Motion By: Dornbush
Second By: LeMair
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.
WHEREAS, Pursuant to Minn. R. 4410.1100, the City of Prior Lake has prepared an Environmental
Assessment Worksheet (EAW) for this proposed project; and
WHEREAS, The 30-day public comment period expired on November 22, 2006; and
WHEREAS, Minnesota Rules 4400.1700, subp. 2a (B), also allows the RGU to postpone the
decision on the need for an EIS, for not more than 30 days, in order to obtain lacking
information; and
WHEREAS, The City Council has determined an additional 30 days is necessary to respond to the
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
submitted comments.
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.
2. Pursuant to Minnesota Rules 4400.1700, subp. 2a (B), the City Council postpones the decision on
the need for further environmental review as a result of the EAW until January 16, 2006.
PASSED AND ADOPTED THIS 18TH DAY OF DECEMBER, 2006.
Haugen X Haugen
Dornbush X Dornbush
Erickson X Erickson
LeMair X LeMair
Millar X Millar
YES
NO
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Frank Boyle it~ anager
1:\COUNCIL\RESOLUTI\PLMmES\2006\06-219 Ryan EAW.DOC