97-089 RESRESOLUTION 97- 89
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 East Elk River Urban Service Area
Road 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, the City of Elk River proposes to construct 1.25 miles of
high-density collector street from 171st Avenue North to C SAH #12, and relocate
0.5 miles of CSAH #13 to align with the proposed collector street at CSAH #12
(the Project); and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 22
(EQB Rules) the Project requires the preparation of a mandatory environmental
assessment worksheet (EAW) under Minnesota Environmental Policy Act
(MEP^); and,
WHEREAS, pursuant to the EQB Rules, the City is the responsible
governmental unit (RGU) for the preparation of the EAW as required by the EQB
Rules.
NOW, THEREFORE, the City Council of the City of Elk River makes the
following findings of fact and determination regarding the need for an
Environmental Impact Statement (EIS) for the Project.
1. An EAW has been prepared for the Project.
2. Notice of availability of the EAW was published in the EQB
Monitor on July 14, 1997; a press release was given to the Elk River Star News on
July 3, 1997; posted notice was given at the Elk River Public Library, Elk River
Municipal Utilities office, and the Elk River City Hall on July 3, 1997; and copies
of the EAW were supplied to all persons and agencies on the EQB official EAW
distribution list.
3. Preparation and distribution of the EAW has complied in all
respects with the EQB Rules.
4. Comments have been received on the EAW from the following
persons and agencies: the Minnesota Department of Health, by letter dated
July 29, 1997, from Lin Nelson; Minnesota Historical Society, by letter dated
July 29, 1997, from Dennis Gimmestad; the Minnesota Department of Natural
Resources, by letter dated August 13, 1997, from Thomas Balcom; and Dorsey &
Whitney on behalf of their client, Cargill, Incorporated, by letter dated August 13,
1997, from Gregory Fontaine.
5. All substantige comments have been responded to as required by
the EQB Rules by the City as RGU in the staff memorandum to the City Council,
dated September 8, 1997, from Stephen Rohlf, Building and Zoning Administrator.
6. 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.
7. The City, as RGU, may order the preparation of an EIS only if the
Project has the potential for significant environmental effects.
8. 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 and 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 THE MEMORANDUM TO
THE COUNCIL DATED SEPTEMBER 8, 1997, THE CITY COUNCIL OF
THE CITY OF ELK RIVER FINDS THAT THE PROJECT DOES NOT HAVE
THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND
THEREFORE DOES NOT REQUIRE THE PREPARATION OF AN
ENVIRONMENTAL IMPACT STATEMENT, FOR THE FOLLOWING
REASONS:
A. The environmental effects of the Project are minimal.
Bo
The Project will be undertaken by a governmental entity, the City of
Elk River, and will be subject to ongoing regulatory authority by
other state agencies.
Co
The Project will not cause future development to occur, but will
reduce the environmental effects of future development which will
occur with or without the Project.
BeckP 527933.1
2
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 '" - .... l~[ayor l)uitsman
and duly seconded by Council Member Dietz The following
voted in favor of the resolution:
l~_ayor l)uitsman, Council l~embers Dietz, Thompson, Farber and Holmgren
The following voted against the resolution: None
The following were absent: None
Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of Elk River this 8th day of
September, 1997.
//l~e~/A. Duitsman, Mayor
ATTEST:
BeckP 527933.1