99-012 RESRESOLUTION 99- 12
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONI~tENTAL ASSESSMENT
WORKSHEET FOR THE ELK RIVER CROSSING PROJECT
A resol~ ;ion of the City Council of the City o. Elk River regarding the
environmental review process for the proposed Elk River Crossing 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, Associated Developers, Inc. are proposing a commercial
development on 70 acres consisting of up to 406,375 square feet of a
commercial/retail/office complex, and a 65 unit motel to be known as Elk
River Crossing; and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subpart 14
(B.2) (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 availability of the EAW was published in the
EQB Monitor on December 28, 1998; a press release was given to the Elk
River Star News on December 10, 1998; posted notice was given at the Elk
River Public Library, Elk River Municipal Utilities' building, and Elk River
City Hall on December 10, 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 January 26,
1999, from Thomas Balcom; and the Minnesota Department of
Transportation, by letter dated January 21, 1999, from Claudia Dumont;
and,
WHEREAS, aH substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated February 16, 1999, 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, shah 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 FEBRUARY 16, 1999, 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 Farber
and duly seconded by Council Member 14otin The following
voted in favor of the resolution:
Mayor Klinzing
Councilmemb~rs: Dietz, Thompson, Farber, 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 16th day
of February, 1999.
ATTEST:
~andra A. Peine, City Clerk
Stepl~anie Klinzing,~Iaydr