98-042 RESRESOLUTION 98-42
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 Lake Orono Improvement
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 excavate and/or grade
115,000 cubic yards of lake sediment and dispose of it on sites adjacent to
Lake Orono; and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 27
(A) (EQB Rules) the Project requires the preparation of a mandatory
Environmental Assessment Worksheet (EAW) under Minnesota
Environmental Policy Act (MEPA); and,
WHEREAS, the City, as the responsible governmental unit (RGU)
under EQB Rules, prepared an EAW as required by EQB Rules; and,
WHEREAS, notice of availability of the EAW was pubhshed in the
EQB Monitor on February 23, 1998; a press release was given to the Elk
River Star News on February 18, 1998; posted notice was given at the Elk
River Public Library and Elk River City Hall on February 18, 1998; and
copies of the EAW were supplied to all persons and agencies on the EQB
official EAW distribution list; and,
WHEREAS, comments have been received on the EAW from the
Minnesota Historical Society, by letter dated March 30, 1998 that referred to
a previous letter dated March 6, 1998, both from Dennis Gimmestad; and the
Minnesota Department of Natural Resources, by letter dated March 20, 1998,
from Thomas Balcom; and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated April 20, 1998, 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 GATHERED
DURING THE EAW PROCESS, THE COMMENTS RECEIVED ON THE
EAW, THE RESPONSES THERETO FROM CITY STAFF IN THEIR
MEMORA~UM TO THE COUNCIL DATED APRIL 20, 1998, THE CITY
COUNCIL OF THE CITY OF ELK RIVER FINES THE PROJECT DOES
NOT REQUIRE THE PREPARATION OF AN ENVIRONMENTAL IMPACT
STATEMENT.
The foregoing resolution was introduced by Council Member Farbar
and duly seconded by Council MemberHo lmgren The following
voted in favor of the resolution:
Mayor Duitsman, Council Members Farber, Holmgren, Dietz,
and Thompson
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~he City of Elk River this 20th day
/~IenrY/~. Duits~nan~, Mayor
ATTEST: ~
Sandra A. Thackery, City Clerk