Minutes - Council - 06/24/1997 - Laserfiche WebLink

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Councilmember Haas Steffen stated she would like the City Attorney and/or City staff to see if Council can give that authority to another body. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to approve the preliminary plat of Apple Ridge contingent upon the following conditions: 1) Compliance with staff review letter dated March 29, 1997. 2) That this approval does not preclude the imposition of changes in the project or mitigation measures that would reduce or avoid environmental impacts that are disclosed in the Environmental Assessment Worksheet ("EAW"), comments received on the EAW, the Environmental Impact Statement ("EIS") (if an EIS is prepared) and comments received on the EIS. 3) That this approval does not prejudice the decision on the need for an EIS and is contingent upon completion of the environmental review process with part 4410,3100 subpt. 1 rather that the decision that an EIS is not necessary. 4) That this conditional approval must not preclude an ultimate decision by the City or any other governmental unit to deny approval of the project pursuant to Minn. Stat. section 116D.04, subd. 6 in the event that an EIS should reveal that the project would be likely to cause "pollution, impairment, or destruction" of the environment and that there is a "feasible and prudent" alternative to the project. Another way of saying this is that this conditional approval must not preclude the City or another unit from choosing another alternative or the "no-building alternative" over the project as proposed because of environmental reasons consistent with state law. 5) That by this motion, no approval has actually been given and the developer cannot rely on this conditional approval, and this motion conveys no development rights until all conditions have been fulfilled. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen and Beahen. Voting No: CouncilmemberZimmerman. Absent: CouncilmemberBeyer. Motion by Councilmember Haas Steffen and seconded by Councilmember Beahen to direct staff to contract with an outside firm to answer the questions about whether or not an EAW is required. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beahen and Zimmerman. Voting No: None. Absent: CouncilmemberBeyer. Attorney Goodrich stated that now Council has said they are approving this development unless there's a negative issue. Mayor Gamec stated he would like to see a park in that area. Mr. Schroeder stated that Council made the motion but the opportunity still exists to discuss a park. Councilmember Zimmerman felt that the City should have a five-acre park for children in this subdivision to go to. He added that he also has a problem with the increased traffic down 157th. He suggested that is very stressful to the existing neighborhood. City Council/June 24, 1997 Page 9 of 17