2004-09-07 CC Findings of FactCITY OF ALBERTVILLE
City Council
Proposed Findings of Fact
& Decision
Minnesota Wetland Conservation Act
Application for Certificate of Exemption
Applicant's Name: Michael Potter
Request: The applicant is seeking a Wetland Conservation Act Certificate of Exemption for
the development of a piece of property referred to as "Potter's Commercial Park" located within
the City of Albertville. The purpose of this exemption is to allow the landowner to drain or fill
wetlands without an approved wetland mitigation plan.
City Council Meeting Date: September 7, 2004
Findings of Fact: Based on the review of the application and evidence received, the City
Council now makes the following findings of fact and decision:
A. The staff report, dated September 2, 2004, prepared by the City Attorney is
incorporated herein, except as maybe specifically modified by this document.
B. The Applicant submitted a Minnesota Wetland Conservation. Act Application for
Certificate of Exemption dated February 2, 2004 seeking a certification of an
exemption pursuant to Minn.R. 8420.0122, subp. 8.
C. The Technical Evaluation Panel (TEP) determined that the application was
incomplete and sent written notice of the deficiency to the Applicant within 15
days of the submission of the application, as is required by Minn.R. 8420.0210.
D. As requested by TEP, the Applicant supplemented his application by hand
delivering a copy of the required materials to the office of the City's TEP
representative on June 25, 2004. The City did not notify the Applicant within 15
days of the supplemental submission of any incompleteness in the submissions as
is required by Minn.R. 8420.0210. The City's 60-day deadline under
Minn.R. 8420.0210 for approving or denying the Applicant's exemption request
was thus to expire on August 24, 2004.
E. The TEP met and evaluated the application and supplemental materials and
provided the City Council with its findings and recommendation to deny
certification.
F. The Applicant's exemption request came before the City Council for decision on
August 2, 2004. The Applicant, together with his legal and environmental
consultants, was present, but none of three TEP members, including the City's
TEP representative, was present.
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G. Because of the absence of the TEP members and the complexity of the
Applicant's exemption request, the City Council as its own initiative tabled its
review of the Applicant's exemption request until August 17, 2004. The City
Council did not table its review because of a request from the Applicant or his
consultants.
H. On the August 17, 2004, the City Council on its approved consent agenda again
tabled its review of the Applicant's exemption request until September 7, 2004.
The City neither stated the reasons for its postponement nor gave written notice to
the Applicant of the postponement as is required by Minn.R. 8420.0210 for the
60-day deadline to be extended.
I. On August 24, 2004, the 60-day deadline under Minn.R. 8420.0210 to approve or
deny the Applicant's exemption request expired.
J. By letter dated August 26, 2004 and received by the Applicant on August 27,
2004, the City Attorney attempted to extend by 60-days the 60-day deadline under
Minn.R. 8420.0210 to approve or deny the Applicant's exemption request.
Decision: Based on the foregoing information and applicable ordinances, statutes and
administrative rules, the City' Council APPROVES the exemption certification pursuant to
Minn.R. 8420.0210 based on the following:
1. The City, as the LGU, failed to timely approve or deny the Applicant's exemption
request as is required by Minn.R. 8420.0210.
2. The Applicant's exemption request was thus automatically approved as is required
by,~Vlinn.I~. 8420.0210
Adopted by the Al~iertville City Council this 7th day of September 2004.
City of Albertville
Don Peterson, Mayor
Attest:
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By: 111 "' ~,,
Bridget Miller; City Clerk
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