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HomeMy WebLinkAbout4B - Memorandum of Understanding AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT (! 4 (b) I";~)\ FRANK BOYLES, CITY MANAGER'\'\ AMENDMENT OF MEMORANDUM UNDERSTANDING BETWEEN THE METROPOLITAN COUNCil AND THE CITY OF PRIOR lAKE FOR PROCESSING OF COMPREHENSIVE PLAN AMENDMENT AND E.A.W. SEPTEMBER 7,1993 On October 19, 1992, the City of Prior lake entered into a Memorandum of Understanding agreement with the Metropolitan Council which defined the process timeline steps and data which the City would be required to supply in order that the Metropolitan Council could consider the Wilds Comprehensive Plan Amendment and Environmental Assessment Worksheet. This agenda item requests Council authorization to amend this agreement. This agreement was to assure that the Metropolitan Council received complete documents addressing all issues, and that their staff had sufficient time to complete their analysis. Consequently, the agreement provided that sixty days must pass after the Comprehensive Plan Amendment is approved by the Metropolitan Council before the EAW could be published in the EOB Monitor. While this process assures orderly processing of the two documents, it is overly time consuming and, if followed, would eliminate any possibility that construction could occur this Fall. The Developer has stated on numerous occasions that it is crucial that development be undertaken yet this yearif he receives the necessary approvals. On August 5, the Metropolitan Council approved the requested amendment (see attached letter) which allowed for the concurrent processing of the Comprehensive Plan Amendment and the Environmental Assessment Worksheet by authorizing immediate publication in the EOB Monitor. Publication in the EQB Monitor is critical since it starts the 30 day agency comment period. following that period the City Council can act upon the EAW. -1- 4629 Dakota 51. 5.E., Prior Lake. Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY Ei'-1PLDYER ISSUES: It is crucial that the Comprehensive Plan Amendment and the EAW be processed with minimum delay. After receiving Metropolitan Council approval we did place a publication in the EQB Monitor. The review period will end September 16. RECOMMENDATION: Approve the Amendment to the agreement as part of the consent agenda. ACTION REQUIRED: A motion to approve the Consent Agenda Including this agenda item. AGN4SWRT -2 - METROPOLITAN COUNCIL .lImn Pur/.; Celllr/'. 230 D,I.II FiJih Slr/'el. SI. Pall/, M.\' 551OU634 6/2 29/-6359 FAX 6/2 29/-6550 Tn 6/2 2<i/-()\K;4 August 10, 1993 Mr. Horst Graser City of Prior Lake 4629 Dakota St. S.E. Prior Lake MN 55372 Dear Mr. Graser: Enclosed please find the consent list item entitled "Request to Amend Agreement between Metropolitan Council and City of Prior Lake Timetable for Review of Comprehensive Plan Amendment and EA W." This item was approved by the Metropolitan Council on August 5, 1993. Pursuant to this agreement, staff attorney Brian Ohm prepared a document entitled "First Amendment to the Memorandum of Understanding Between the Metropolitan Council and Prior Lake." The effect of the Council's action and the agreement is to waive the requirement that any EA W prepared on the Wilds sha1J be submitted to the Council staff no later than 60 days before publication of the notice of availability of the EA W in the EQB Monitor. Please have both copies of the agreement signed and send them back to me. I wi1J have Richard Johnson sign them and wi1J send one copy back to you. If you have any questions in this matter you can ca1J me at 291-6457 or Brian Ohm at 291-6638. Sincerely, ~e~ Richard E. Thompson cc. Julius C. Smith, Metropolitan District 4 Lynda Voge, Metropolitan Council Staff Richard E. Thompson, Metropolitan Council Staff Enc. @ Recycled Paper Metropolitan Council Meeting of August 5, 1993 Business Item: A - 2e METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, SL Paul, Minnesota 55101 612291-6359 TDD 612291-0904 REPORT OF THE COMMITfEE OF THE WHOLE DATE: July 30, 1993 TO: SUBJECf: Metropolitan Council Consent List Item City of Prior Lake Request to Amend Agreement between Metropolitan Council and City of Prior Lake Timetable for Review of Comprehensive Plan Amendment and EA W Metropolitan Council District No. 14 BACKGROUND In a letter dated July 2, 1993, the city of Prior Lake requested that the Metropolitan Council amend the "Wilds" Comprehensive Plan/EA W Memorandum of Agreement dated October 19, 1992. The city specifically requested relief from paragraph 3 of the Memorandum of Agreement which requires that "any EA W prepared pursuant to this provision shall be submitted to the Council staff by Prior Lake no later than 60 days before publication of the notice of availability of the EA W in the EQB Monitor. The purpose of paragraph 3 was to assure that the Council as well as other reviewing agencies would receive a complete EA W. The staff has reviewed the draft EA Wand has reported that it is complete. Staff also reports that there are issues with the EA Wand the plan amendment, including the proposed land trade, but those issues will be dealt with as part of the review process for the plan amendment and EA W. ISSUES AND CONCERNS None RECOMMEND A nON That the Metropolitan Council amend the "Memorandum of Understanding Between the Metropolitan Council and the City of Prior Lake" to delete the requirement in paragraph 3 that "any EA W prepared pursuant to this provision shall be submitted to the Council staff by Prior Lake no later than 60 days before publication of the notice of the availability of the EA W in the EQB Monitor." Respectfully submitted Dottie Rietow, Chair FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PRIOR LAKE The parties hcreto agree that the Memorandum of Understanding they entered into the 19th day of October, 1992, relating to The Wilds Golf Course Development in Prior Lake, shall be and is amended in the following particulars: Paragraph 3, is amended to read as follows: 3. Following the Council's review of the comprehensive plan amendment referenced in paragraph 2 above, and if the Council recommends that Prior Lake put the comprehensive plan amendment into effect, Prior Lake agrees to prepare, at a minimum, an EA Won any proposed development for the entire 580 acre site, or any portion thereof, whether or not such EA W is required by the EQB rules, provided Prior Lake is the rcsponsible governmcntal unit for such development. Except as amended in this document, the provisions of the above-referenced Memorandum of Understanding shall rcmain in force and effect without change. IN WITNESS WHEREOF, the parties have caused this amendment to be executed on their behalf by their duly authorized representatives on this day of , 1993. METROPOLITAN COUNCIL Approved as to form Counsel By Richard Johnson, Acting Executive Director CIlY OF PRIOR LAKE By Mayor By City Manager ~-t'