4.14. SR 02-16-1999
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ITEM 4.14.
MEMORANDUM
River
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR "5 (2.
DATE: FEBRUARY 16, 1999
SUBJECT: ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR ELK RIVER
CROSSING
Attached to this memo is the Environmental Assessment Worksheet (EA W) for the
commercial development of Elk River Crossing. The purpose of the EA W is to describe
the project and gather information to identify any potential environmental effects.
.
For Elk River Crossing, The City Council for the City of Elk River is the Responsible
Governmental Unit (RGU) charged with determining from the information gathered
through the EA W process, whether or not this project has significant potential to cause
irreversible environmental effects. To make their decision the Council will consider the
following information: the EA W itself, comments received on the EA W, and the
responses to the comments received.
The Council shall order an Environmental Impact Statement be prepared, if they
determine that the impacts that may reasonably be expected by the project have the
potential for significant environmental effects. The Council shall consider the impacts of
the project under the following criteria:
. type, extent, and reversibility of the environmental effects;
. cumulative potential effects of related or anticipated future projects;
. the extent to which the environmental effects are subject to mitigation by ongoing
public regulatory authority; and
. the extent to which environmental effects can be anticipated and controlled as a result
of other environmental studies.
RESPONSE TO COMMENTS
The following are staffs responses to comments received on the EA W:
Minnesota Department of Natural Resources (DNR) - letter dated January 26, 1999
from Thomas Balcom.
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Comments - We commend the consultant for his attention to natural resource concerns.
Wetland impacts appear to be minimized, and appropriate mitigation has been proposed
for the site. The Natural Heritage Database search was conducted in 1993, but still
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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appears to be valid. No DNR permits are required. Preparation of an EIS is not needed,
. . .
In our OpInIOn.
Response - Staff concurs, thank you.
Minnesota Department of Transportation (MnDOT) - letter dated January 21, 1999
from Claudia Dumont.
Comment - MnDOT will not participate in the cost for the described geometric and signal
improvements at TH 169 and Main! County Road 12. Such costs are the responsibility of
the project developer.
Response - Staff understands MnDOT's position and will relay this information on to the
developer.
Comment - The signal proposed for Crossing Avenue should be hardwired and
interconnected to the signal at TH 169 to reduce the stacking queue.
Response - These issues will be incorporated into the plans for the project.
Comment - The District 3 traffic office will need to review the construction and signal
plans for the intersection at TH 169 and Main Street! County Road 12 when they become
. available.
Response - Staff will provide these plans to the District 3 office.
Comment - The highway capacity analysis in the report was run with activated-
uncoordinated traffic signal operation. The analysis should be rerun to reflect the
coordinated operation of the traffic signal on TH 169.
Response - Staff believes the highway capacity analysis has been redone reflecting a
coordinated operation of the traffic signal on TH 169. If not, staff will require the
developer to do so and send the new analysis to MnDOT.
RECOMMENDATION
Staff feels that the EA W accurately describes the project and the potential environmental
effects. Mitigation measures to reduce the environmental effects have been identified by
the EA Wand will be incorporated into the plans for the project. Further mitigation
measures will be required by other governmental agencies that will be permitting the
activities of this project.
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Staff recommends a negative declaration on the need for an EIS on the Elk River
Crossing proiect. A resolution to this effect, which includes findings of fact for this
decision, is attached.
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.
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RESOLUTION 98-_
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE ELK RIVER CROSSING PROJECT
A resolution of the City Council of the City of Elk River regarding the
environmental review process for the proposed Elk River Crossing Project;
setting forth the City Council's findings of fact regarding the need for an
Environmental Impact Statement; and declaring that the preparation of an
Environmental Impact Statement is not necessary
WHEREAS, Associated Developers, Inc. are proposing a commercial
development on 70 acres consisting of up to 406,375 square feet of a
commercial/retail/office complex, and a 65 unit motel to be known as Elk
River Crossing; and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 14
(B.2) (EQB Rules) the Project requires the preparation of a mandatory
Environmental Assessment Worksheet (EAW) under Minnesota
Environmental Policy Act (MEP A); and,
WHEREAS, the City of Elk River, as the responsible governmental
unit (RGU) under EQB Rules, prepared an EA W as required by EQB Rules;
and,
WHEREAS, notice of availability of the EA W was published in the
EQB Monitor on December 28, 1998; a press release was given to the Elk
River Star News on December 10, 1998; posted notice was given at the Elk
River Public Library, Elk River Municipal Utilities' building, and Elk River
City Hall on December 10, 1998; and copies of the EA W were supplied to all
persons and agencies on the EQB official EA W distribution list; and,
WHEREAS, comments have been received on the EA W from the
Minnesota Department of Natural Resources, by letter dated January 26,
1999, from Thomas Balcom; and the Minnesota Department of
Transportation, by letter dated January 21, 1999, from Claudia Dumont;
and,
.
.
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WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated February 16,1999, from Stephen Rohlf, Building and Zoning
Administrator; and,
WHEREAS, the environmental review process mandated by the
Minnesota Environmental Policy Act and implemented through the EQB
Rules has been followed and this resolution shall be the City's record of its
compliance with the EQB Rules and decision in this matter; and,
WHEREAS, the City, as RGU, shall order the preparation of an EIS if
the Project has the potential for significant environmental effects; and,
WHEREAS, in deciding whether a project has the potential for
significant environmental effects, the City is to apply the criteria set forth in
Section 4410.1700 subparts 6 & 7 of the EQB Rules.
NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED
IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE
RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM
TO THE COUNCIL DATED FEBRUARY 16, 1999, THE CITY COUNCIL OF
THE CITY OF ELK RIVER FINDS THE PROJECT DOES NOT REQUIRE
THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE FOLLOWING REASONS:
A. The environmental effects of the Project are minimal.
B. The project will be subject to ongoing regulatory authority of the
City of Elk River and other state agencies.
C. The project will not cause future development.
D. Future development in the area of the Project will be subject to the
requirements of the EQB Rules and will be subject to the ongoing
regulatory authority of the City and other governmental agencies.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member . The following
voted in favor of the resolution:
The following voted against the resolution:
The following were absent:
.
.
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Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of Elk River this 16th day
of February, 1999.
ATTEST:
Sandra A. Peine, City Clerk
Stephanie Klinzing, Mayor