HomeMy WebLinkAbout5.B.1. Approve Resolution for Handling Applications governed by MN Statutes section 15.99-Res. No. 6740
CITY OF SHAKOPEE
Memorandum
s: 6. J.
CASE NO.:
N/A
TO:
Honorable Mayor and City Council
Mark McNeill, City Administrator
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FROM: R. Michael Leek, Community Development Director
SUBJECT: A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING
CITY STAFF TO DETERMINE COMPLETENESS AND TO EXTEND THE
REVIEW PERIOD IF NEEDED FOR APPLICATIONS GOVERNED BY
MINNESOTA STATUTES SEC. 15.99 AND RATIFYING PREVIOUS CITY
STAFF DECISIONS REGARDING THOSE DETERMINATIONS"
MEETING DATE: March 5, 2008
REVIEW PERIOD: N/ A
INTRODUCTION:
Council is asked to approve the attached resolution, ratifying the City's previous approach to complying with
the requirements of Minn. Stat. 15.99 regarding review of applications, previous actions by City staff
determining application completeness and review period extensions, and prospectively granting staff
authority to make such determinations.
ALTERNATIVES:
1. Offer and approve Resolution No. 6740, A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA AUTHORIZING CITY STAFF TO DETERMINE COMPLETENESS AND TO EXTEND
THE REVIEW PERIOD IF NEEDED FOR APPLICATIONS GOVERNED BY MINNESOTA
STATUTES SEC. 15.99 AND RATIFYING PREVIOUS CITY STAFF DECISIONS REGARDING
THOSE DETERMINATIONS as presented.
2. Offer and approve Resolution No. 6740, A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA AUTHORIZING CITY STAFF TO DETERMINE COMPLETENESS AND TO EXTEND
THE REVIEW PERIOD IF NEEDED FOR APPLICATIONS GOVERNED BY MINNESOTA
STATUTES SEe. 15.99 AND RATIFYING PREVIOUS CITY STAFF DECISIONS REGARDING
THOSE DETERMINATIONS with revisions.
3. Table the matter for additional information.
ACTION REQUESTED:
Offer and approve Resolution No. 6740, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
AUTHORIZING CITY STAFF TO DETERMINE COMPLETENESS AND TO EXTEND THE REVIEW
PERIOD IF NEEDED FOR APPLICATIONS GOVERNED BY MINNESOTA STATUTES SEC. 15.99 AND
RATIFYING PREVIOUS CITY STAFF DECISIONS REGARDING THOSE DETERMINATIONS as
presented.
4:d';~~A
R. Michael Leek
Community Development Director
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RESOLUTION N0.6740
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING
CITY STAFF TO DETERMINE COMPLETENESS AND TO EXTEND THE
REVIEW PERIOD IF NEEDED FOR APPLICATIONS GOVERNED BY
MINNESOTA STATUTES SEC. 15.99 AND RATIFYING PREVIOUS CITY STAFF
DECISIONS REGARDING THOSE DETERMINATIONS"
WHEREAS, Minn. Stat. Sec. 15.99 sets deadlines for agency action on certain
applications, including written applications "...related to zoning, septic systems,
watershed district review, soil and water conservation district review, or the expansion of
the metropolitan urban service area, for a permit, license, or other governmental approval
of an action"; and
WHEREAS, Minn. Stat. Sec. 15.99, Subd. 3(a) provides that "...If an agency
receives a written request that does not contain all required information, the 60-day limit
starts over only if the agency sends written notice within 15 business days of receipt of
the request telling the requester what information is missing; and
WHEREAS, Minn. Stat. Sec. 15.99, Subd. 3 (f) provides that the agency can extend
the initial sixty (60) day review period by up to an additional sixty (60) days prior to the
expiration of the initial review period by providing written notice to the applicant; and
WHEREAS, since the enactment of Minn. Stat. Sec. 15.99, the Shakopee City
Council's practice has been to allow City staff to make decisions regarding the completeness
of an application that is governed by that section and to make decisions regarding the need
for extensions of the review period because those determinations were administrative in
nature and therefore did not require specific authorization by the Shakopee City Council;
and
WHEREAS, the Shakopee City Council desires to memorialize its past practice of
allowing City staff to make decisions with respect to notices of completeness of applications
and written extensions of review periods for applications governed by Minn. Stat. Sec.15.99.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that it ratifies all previous actions of City
staff regarding the completeness of applications or extending the review period as set forth
in Minn. Stat. 15.99.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that it authorizes and delegates authority to City staff to:
(1) make all determinations with respect to the completeness of applications
governed by Minn. Stat. Sec. 15.99;
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(2) determine whether additional time is needed for the City to review applications
governed by Minn. Stat. Sec. 15.99; and
(3) provide applicants with any written notices required under Minn. Stat. Sec. 15.99
related to application completeness or extension of review periods.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that it directs the appropriate City staff to provide the
Council of notice or copies of written notice to applicants of the following;
(1) Determinations with respect to the completeness of applications governed by
Minn. Stat. Sec. 15.99;
(2) Determinations regarding the extension of review periods for applications
governed by Minn. Stat. Sec. 15.99; and
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2008.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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