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77-0436 CITY OF HOPKINS 411 HENNEPIN COUNTY ORDINANCE NUMBER 77-436 AN ORDINANCE RELATING TO THE PREPARATION AND REVIEW OF ENVIRONMENTAL ASSESSMENT WORKSHEETS, ENVIRONMENTAL IMPACT STATEMENTS, AND OTHER ENVIRONMENTAL DOCUMENTS BE IT ORDAINED by the Council of the City of Hopkins as follows: SECTION 1. ENVIRONMENTAL REVIEW PROGRAM. The provisions of the rules for the Environmental Review Program, 6MCAR 3.021 to 3.047, one copy of which is on file in the office of the City Clerk, are hereby adopted, together with the other provisions of this Ordinance, as the environmental review operating pro- cedures this City will follow in implementing the provisions of Minnesota Statutes Chapter 116D relating to the Environmental Review Program and any rules adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this Ordinance shall have the same meaning as the terms used in Chapter 116D and the rules adopted thereunder. 411 SECTION 2. COST OF PREPARATION AND REVIEW. Subdivision 1. Information To Be Provided. The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the City Council shall supply in the manner prescribed by the City Manager all unprivileged data or information reasonably requested by the City that the applicant has in his posses- sion or to which he has reasonable access. Subdivision 2. Environmental Assessment Worksheets. The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required either by state law or rules or by the City Council, shall pay all costs of preparation and review of the EAW, and, upon the request of and in the manner prescribed by the City Manager shall pre- pare a draft EAW and supply all information necessary to complete that document. Subdivision 3. Environmental Impact Statement. The City and the appli- cant for a permit for any action for which an environmental impact state- ment (EIS) is required shall comply with the provisions of the Rules Governing Assessment of Costs for Environmental Impact Statements, one • copy of which is on file in the office of the City Clerk, unless the applicant and the City Council provide otherwise by a written agreement. Subdivision 4. Payment of Costs. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all infor- mation required is supplied, and until the environmental review process has been completed as provided in this Ordinance and the rules adopted by reference by this Ordinance, and pursuant to any written agreement entered into by the applicant for the permit or permits and the City Council under the provision of Subdivision 5. Subdivision 5. Agreements Concerning Cost of Preparation and Review. 46 The applicant for a permit for any action for which an EAW or EIS is required and the City Council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS as provided in 6MCAR 3.042. SECTION 3. ADMINISTRATION. Subdivision 1. The City Manager shall be the person responsible for the administration of the Environmental Review Program, this ordinance, and the rules adopted by reference by this ordinance. Subdivision 2. The City Manager shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under 6MCAR 3.024. The City Manager shall also determine those proposed actions for which an optional EAW may be required under the provisions of the ordinance and shall notify the Planning Commission and the City Council of these proposed actions. Subdivision 3. All EAW's and EIS's shall be prepared under the super- vision of the City Manager, reviewed by the planning Commission and 410 reviewed and approved by the City Council. Subdivision 4. When revieweing an EAW or EIS, the City Manager and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action. Subdivision 5. After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under 6MCAR 3.025 that an action is major and has potential for significant environmental effects. SECTION 4. OPTION ENVIRONMENTAL ASSESSMENT WORKSHEETS. The City Council may, upon recommendation by the City Manager, require that an optional EAW be pre- pared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required: a. Is the action to be in or near an area that is considered to be • environmentally sensitive or aesthetically pleasing? b. Is the action likely to have disruptive effects such as generating traffic and noise? c. Are there public questions or controversy concerning the environmental effects of the proposed actions? SECTION 5. ENFORCEMENT AND PENALTY. Subdivision 1. No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this ordinance are completed. Subdivision 2. No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this ordi- nance are fully complied with. Subdivision 3. Any person who violates any provision of this ordinance is guilty of a misdemeanor. Each day that the violation is permitted to exist constitutes a separate offense. First read at a regular meeting of the Council of the City of Hopkins held on December 13,1977, and finally read, approved, adopted and ordered pub- lished at a regular meeting of said Council of said City on '- jy - 0, "1977. A. MILLER Mayor • i, H.E. RICHARDSON, City Clerk JOSEPH C. VESELY, City Attorney To be published in the HOPKINS SUN, December 28, 1977. • December 15, 1977 Tb: Wm. P. Craig, City Manager Fran: Chris Nielsen, Finance Director Subject: Deletion of obsolete funds At this time we have two funds within our accounting system that have served their purposes and can be eliminated. 1. Fund No. 204-Federal Sign Grant Fund - This fund was established in 1975 to account for a grant of approximately $12,000 to be used for the installation of various regulatory and warning signs throughout the City. These signs were purchased and installed. The State made an audit of the fund and having found everything satisfactory the grant money was received. There is no cash balance left 410 in the fund. 2. Fund No. 402 - Special Assessment Fund - This fund has been in existence for many years (probably since the City had its first Special Assessment Bond Issue) and was used to account for collections of special assessment levies as well as payments of special assessment bond issues. However, after the P.I.R. Fund was established in 1948 that Fund took over those functions. The assessments collectible and the bonds payable at that time remained in the Special Assessment Fund. Insasmuch as all of these special assessments now have been collected and all of the bonds have been paid off the fund no longer serves any purpose and can be deleted. There is a cash balance left in the fund in the amount of $8,304.09 which can be used for whatever the Council desires. My recommendation would be to transfer it to Fund 401 - Bond Retirement Fund. Respectfully submitted, 6-44.---• , Chris Nielsen Finance Director CN:dmj