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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 158 <br /> <br />4. The City Clerk shall also send the notices, copies and other material required by Minn. R. 4410.1500 within five <br />(5) days of the planner’s approval of the EAW. <br /> <br />5. The City Clerk shall receive and collect all written comments on an EAW submitted during the 30-day EAW <br />review and comment period. The planning commission and city council may take public comment on the EAW <br />during the 30-day period, provided that notice of the comment time is published and mailed to the proposer at least <br />ten (10) days prior to the date the commission or council plans to take public comment. <br /> <br />6. When reviewing an EAW or EIS, city staff and the Planning Commission may suggest design alterations which <br />would lessen the environmental impact of the action. The City Council may require these design alterations to be <br />made as a condition for approving the land use proposal when it finds that the design alterations are necessary to <br />lessen the environmental impact of the action. <br /> <br />7. The Planning Commission shall review the EAW and all public commentary after the close of the comment period, <br />and make a recommendation to the City Council regarding the need for an EIS. The City Council shall meet no less <br />than 3 days and no more than 30 days after the close of the comment period to decide whether an EIS is needed for <br />the land use proposal. Both the Planning Commission and the City Council shall use the standards and procedures <br />set forth in Minn. R. 4410.1700 to guide their recommendations and decisions. <br /> <br />5. Procedures when an EIS is Required. The City shall apply and follow the guidance of Minn. Stat. § 116D.045 and Minn. <br />R. 4410.2000 – 4410.3000 in the preparation and review of a required EIS. <br /> <br />6. Prohibition on Approvals During Environmental Review. No permit for an action for which an EAW or an EIS is <br />required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all <br />information required is supplied in adequate detail and until the environmental review process has been completed as <br />provided in this article, and pursuant to any written agreements entered into by the applicant for the permit or permits and <br />the City Council. <br /> <br />7. Severability. It is the intention of the City Council that the several provisions of this section are separate and that it any <br />court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be invalid, such <br />judgment shall not affect other provisions of this section not specifically included in such judgment. <br />