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94-061 RES e REsa L UTI a N 94-.6..L RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER REGARDING THE ENVIRONMENTAL REVIEW PROCESS FOR THE PROPOSED COUNTRY CROSSINGS PROJECT; RESPONDING TO COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET; 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 e WHEREAS, Country Ridge Partnerships (the developers) propose to construct a mixed Single-Family ResidentiallIndustrial-Commercial Development (the project) consisting of approximately 248 unattached, single-family lots and 334,000 square feet of Commercial-Industrial buildings on approximately 148 acres ofland located south of Highway 10, and adjacent to the west side of the Sherburne County Fairgrounds, in the City of Elk River (the City); and, vVHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 14 and 32 (EQB Rules) the Project requires the preparation of a mandatory environmental assessment worksheet (EA W) under the Minnesota Environmental Policy Act (MEPA); and, WHEREAS, the Developers supplied data on the Project to the City and the City, as the responsible governmental unit (RGU) under EQB Rules, prepared and EA W as required by the EQB Rules; and, WHEREAS, the EA W was mailed to the Environmental Quality Board (EQB); notice of availability of the EAW was published on April 11, 1994, in the EQB monitor; a press release was given to the Elk River Star News on March 31, 1994, and was published in said paper on April 6, 1994; posted notice was given at the Elk River Public Library, Elk River Municipal Utilities office, and Elk River City Hall, on March 31, 1994, and copies of the EA W were supplied to all persons and agencies on the EQB official EA W distribution list; and, e WHEREAS, the thirty day period under the EQB Rules for submitting comments on the EA W expired on May 11, 1994; and, e WHEREAS, comments have been received on the EA W from the following persons and agencies; which comments are responded to as follows: 1. The Minnesota Department of Natural Resources, by letter dated May 6,1994, from Thomas Balcom, commenting that: a. The EA VV should address whether suitable turtle habitat for the Blanding's turtle exists at the project site. In response, the City confirms that the sandy, sunny, slopes needed for Blanding's turtle habitat does not exist on this site, and further, the land was extensively farmed in the past which would have eliminated this site as turtle nesting habitat. b. That the EA W failed to note the presence of the Mississippi Islands Scientific and Natural Area. e In response, it is noted that the project does not directly abut the Mississippi River, but rather there is developed property between the project boundaries and the Mississippi. Also, height limitations on structures, set forth by City Ordinance, should avoid visual impacts to all islands of the Mississippi River. c. That all sediment and erosion control devices shall be installed prior to construction, and that onsite treatment of storm water run-offs should be required to protect the Mississippi River and Lake Orono from reduced water quality. In response, the Developer has revised the grading and drainage plan so that all storm water is filtered through sedimentation ponds prior to discharge to the City storm sewer or other receiving bodies (Lake Orono or the Mississippi River). Also, the Developer has prepared permanent and temporary erosion and sediment control plans as part of their NPDES permit from MPCA process. Further, the City will require revegetation of all disturbed areas as soon as construction is complete. d. Efforts should be made to protect and limit impacts on oaks due to infestation by oak wilt. -- e In response, the City has acquired the approximately 10 acres of mature oaks 011 the project site through park dedication. This area will be saved from development. 2. The Minnesota Historical Society, by letter dated May 3, 1994, from Britta Bloomberg, commenting that there are no properties in the project area that are listed on the National Register of Historic Places, or are included in the Minnesota Historical Society inventory, and that the probability of archeological sites on the property is low. 3. Minnesota Department of Transportation, by letter dated May 2, 1994, from Gerald Larson, commenting that: a. The project will have direct impacts on Highway 10 that may warrant revisions to the intersection of Orono Parkway and Highway 10. In response, the City will acquire a permit from MNDOT to reconfigure this intersection according to the City's transportation plan. e b. No direct access to trunk Highway 10 from this project will be allowed by MNDOT. In response, no direct accesses are proposed, but rather the project will be served by the frontage roads. The only access to Highway 10 will be in the location of the revised intersection of Highway 10 and Orono Road. c. MNDOT is requesting a hydraulic analysis to verify that there will be no net increase in run-off to the highway ditches, and that the development does not negatively affect existing drainage. In response, the City will require general verification of no net increase in run-off to the highway ditches at this time and specific verification as each phase of this development is platted. 4. Minnesota Pollution Control Agency by a revised letter dated May 20, 1993, from Paul Huff, stating that: e a. The information needed to evaluate the effects of the Project on the quantity and quality of runoff from the site e e e was not provided, which is of special importance because of Lake Orono. In response, the Developer has revised the grading and drainage plan so that all storm water is filtered through sedimentation ponds prior to discharging to the City storm sewer system or other receiving bodies(Lake Orono or the Mississippi River). Further, the Developer has prepared a nutrient budget that show no significant increase in nutrients to Lake Orono. MPCA approval of a national pollutant discharge elimination system (NPDES) permit, will be contingent upon a Developer certifying that temporary and permanent erosion and sediment control plans have been developed for the Project. b. The EAW does not contain enough information on the proposed sanitary sewer construction to demonstrate that sufficient capacity is available in the trunk sewer system, that will be receiving waste water discharge from the Project. In response, the City is providing MPCA with the necessary calculations of waste water flow from this Project and other properties that will use this trunk sewer system. c. The City's Waste Water Treatment Facility is currently in noncompliance with effluent standards. In response, the City has developed with MPCA, short term and long term plans for improvements to bring the Wastewater Treatment Plant facility into compliance. d. The EA W indicates the majority of traffic associated with the proposed development will be directed to Highway 10, and that prior to the commercial/industrial phase of this development, potential traffic and air quality impacts should be evaluated ill detail. In response, the City will consider traffic impacts on the intersection of Highway 10 and Orono Road prior to this intersection being redesigned and will work through MNDOT in developing construction plans to gain the appropriate permits. e WHEREAS, all comments received on the EA W have been responded to appropriately by the Developers and City as RGU; 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 subpart 7 of the EQB Rules. e NOW, THEREFORE, BASED ON THE INFORMATION GATHERED DURING THE EA W PROCESS, THE COMMENTS RECEIVED ON THE EAW AND THE RESPONSES THERETO FROM THE DEVELOPERS AND THE CITY, AND THE NEW INFORMATION ON THE PROPOSED PROJECT PRESENTED BY THE DEVELOPERS, THE CITY COUNCIL OF THE CITY OF ELK RIVER MAKES THE FOLLOWING FINDINGS A FACT IN THE DECISION ON THE NEED FOR AN EIS FOR THE COUNTRY CROSSINGS PROJECT: 1. The only potential environmental effects of the Project relate to noise and air quality concerns as a result of increased traffic; and surface water quality as a result of surface water runoff. 2. The City will require of the Developer the right-of-way for the reconstruction of the Orono Road and Highway 10 intersection to accommodate traffic from this development, as permitted by MNDOT. Further, as part of the plat approval process of future phases, the project will pay all costs of on-site traffic improvements necessary to ensure that the project does not degrade the level of service at this intersection. 3. The Project will reduce the impacts of sediment and erosion on surface water runoff, and consequently, Lake Orono by revising the drainage plan so that all runoff is filtered through sedimentation ponds prior to discharge to receiving bodies. Further, no increase in runoff to the highway ditches will be verified as each phase of the project is platted. The City will also require that erosion control be implemented during construction of each phase according to Best Management Practices. e e 4. For the reasons set forth in this resolution, the Project does nQt have the potential for significant environmental effects as defined in Section 4410.1700 subpart 7 of the EQB Rules. All potential environmental effects have been identified in the EA W and will be addressed in the plat approval for each phase of the Project and other state and federal permits required for the Project. 5. Therefore, the Project does not require preparation of an environmental impact statement. The foregoing resolution was introduced by Councilmember Holmgren and duly seconded by Councilmember Dietz . The following voted in favor of the Resolution: Mayor Duitsman, Councilmembers Dietz, Scheel and Holmgren The following voted against: None The following were absent: Councilmember Farber Whereupon the resolution is adopted. e Passed and adopted by the City Council of the City of Elk River this 31 s t day of May , 1994. ~ .t..,:' II /. / >'~- ATTEST: r;/~a.~.., Sandra A. Thackeray, City Clerk ~ e