RES 06-078
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RESOLUTION 06-~
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR LIBERTY HEIGHTS ESTATES
A resolution of the City Council of the City of Elk River regarding the environmental review
process for the proposed Liberty Heights Estates Development; 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, Liberty Heights Estates is proposing to develop a 444-unit (1/4 - %
acre average lot size) single family residential development, City Park and proposed school
site on 260 acres, and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 19.0" a
mandatory Environmental Assessment Worksheet (EA W) was prepared 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 EAW as required by EQB Rules; and,
WHEREAS, notice of availability of the EAW was published in the EQB Monitor
on March 27, 2006; a press release was given to the Elk River Star News on March 22,2006;
posted notice was given at the Elk River Public Library and Elk River City Hall on March
22, 2006; and copies of the EA W were supplied to all persons and agencies on the EQB
official EA W distribution list on March 22, 2006; and,
WHEREAS, comments have been received on the EA W from Lance Bernard,
Anoka County Highway Department, by letter dated April 4, 2006, William J. Lynott,
Minnesota Pollution Control Agency, by letter dated April 13, 2006, from Alan
Hoebelheinrich; Joe Kurcinka, Minnesota Department of Natural Resources, by letter dated
April 25, 2006; and,
WHEREAS, all substantive comments have been responded to appropriately by the
City as RGU in the staff memorandum to the City Council, dated June 5, 2006, from
Rebecca Haug, Environmental 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,
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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 EA W, THE COMMENTS RECEIVED ON THE EA W, AND THE RESPONSES
THERETO FROM CITY STAFF IN THEIR MEMORANDUM TO THE COUNCIL
DATED JUNE 5, 2006, 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
Dietz and duly seconded by Council MemberGumvhreYfhe following voted in favor
of the resolution:
Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin
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 5th day of June, 2006.
ATTEST:
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06-78