98-090 RESRESOLUTION 98- 90
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 Trott Brook Farms 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 Contractor Property Developers Company proposes a
plat consisting of 252 attached units and 357 unattached units on 361 acres;
and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 19
(D) (EQB Rules) the Project requires the preparation of a mandatory
Environmental Assessment Worksheet (EAW) under Minnesota
Environmental Policy Act (MEPA); 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 availabihty of the EAW was published in the
EQB Monitor on June 29, 1998; a press release was given to the Elk River
Star News on June 25, 1998; posted notice was given at the Elk River Public
Library and Elk River City Hall on June 25, 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 Department of Natural Resources, by letter dated July 28, 1998,
from Thomas Balcom; and the Minnesota Pollution Control Agency, by letter
dated July 31, 1998, from Paul Hoff; and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated August 17, 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 CONTAINED
IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE
RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM
TO THE COUNCIL DATED AUGUST 17, 1998, THE CITY COUNCIL OF
THE CITY OF ELK RIVER FINES 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 MemberThompson
and duly seconded by Council Member Farber The following
voted in favor of the resolution:
Mayor Duitsman, Councilmembers 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 17th day
of August, 1998. ~'~44
/~en~A. Duiisr~, Mayor
Sandra A. Peine, City Clerk