00-074 RESRESOLUTION 00 - ?6
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING PETITION REQUESTING THE PREPARATION
OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET
FOR THE OPUS NORTHWEST AND ANC SOFTPAC FACILITY
A resolution of the City Council of the City of Elk River regarding the environmental
review process for the proposed OPUS Northwest and ANC Softpac facility: setting forth
findings of fact regarding the need for an Environmental Assessment Worksheet (EAW);
and declaring that the preparation of an EAW is not necessary
Whereas, OPUS Northwest and ANC Softpac (the Developer) has been in contact
with city staff to familiarize themselves with the city's development standards since
February, 2000; and,
Whereas, the Developer submitted an application for a juice packaging facility on
Lot 1, Block 1, Country Crossing Business Center Third Addition (the Facility) that was
deemed complete by city staff on July 7, 2000; and,
Whereas, the Facility by itself does not fall within the categories in Minnesota
Rules, Part 4410.4300, Subpart 14 [Environmental Quality Board (EQB) Rules] that
require a mandatory EAW; and,
Whereas, the City of Elk River, pursuant to EQB Rules as the Responsible
Governmental Unit (RQU), ordered the preparation of an EAW for the mixed use
Country Crossing project; and,
Whereas, the proposed Facility is consistent with that EAW; and,
Whereas, on April 31, 1994, the City Council of the City of Elk River found that
EAW adequate and made a negative declaration regarding the need for and
Environmental Impact Statement for the Country Crossing mixed use project; and,
Whereas, after due notice, the Elk River Planning Commission held a public
hearing regarding the proposed Facility on July 25, 2000; and,
Whereas, after due notice, the City Council for the City of Elk River held a public
heating regarding the proposed Facility on August 21, 2000; and,
Whereas, city staff's review of the Facility and proposed conditions on its
operation are identified in a memorandum to the City Council, dated August 21, 2000,
from Michele McPherson, Director of Planning; and,
Whereas, the Elk River City Council received a petition from community
residents pursuant to EQB Rules, Part 4410.1100, which was also filed with the
Environmental Quality Board, requesting the preparation of an EAW for the Facility at
the August 21, 2000 Elk River City Council meeting; and,
Whereas, the comments identified in the petition and all substantive comments
have been responded to by the City as RGU in the staff memorandum to the City
Council, dated August 28, 2000, from Michele McPherson, Director of Planning; 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, pursuant to EQB Rules, the City of Elk River, as the RGU, shall order
the preparation of an EAW if the evidence presented by the petitioners, proposers and
other persons or otherwise known to the RGU demonstrates that, because of the nature or
location of the proposed Facility, the Facility may have the potential for significant
environmental effects; and,
Whereas, pursuant to EQB Rules, the City of Elk River, as the RGU, shall deny
the petition if the evidence presented fails to demonstrate that the facility may have the
potential for significant environmental effects.
NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED IN
THE DEVELOPER'S APPLICATION, THE COMMENTS RECEIVED, AND THE
RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM TO THE
COUNCIL DATED AUGUST 28, 2000, THE CITY COUNCIL OF THE CITY OF ELK
RIVER FINDS THE FACILITY DOES NOT HAVE THE POTENTIAL FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS AND, THEREFORE, DOES NOT
REQUIRE THE PREPARATION OF AN ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR, THE FOI J OWING REASONS:
A. All manufacturing activities at the Facility will be conducted indoors.
Therefore, the Facility will comply with State Noise Standards and
will have no significant environmental effects related to noise.
B. The manufacturing process used at the Facility is a closed loop system,
which will ensure there will be no significant environmental effects
related to air emissions or odor.
C. Traffic generated by the Facility, including truck traffic, will be well
within the design capacity of the surrounding road system, therefore,
there will be no significant environmental effects related to traffic.
D. Elk River Municipal Utilities has more than sufficient capacity to
provide water to the Facility and the site plan provides for appropriate
management of surface water runoff. Therefore, the Facility does not
have the potential for significant environmental effects related to
ground water, surface water, or the municipal water supply.
E. The record before the RGU does not indicate any other areas with
respect to which the Facility has the potential for significant
environmental effects and the RGU is not aware of any facts which
would indicate the Facility has the potential for significant
environmental effects.
F. The Facility will be subject to the ongoing regulatory authority of the
City of Elk River.
G. Future development in the area of the Facility will be regulated by the
EQB Rules and will be subject to the ongoing regulatory authority of
the City and other governmental agencies.
THEREFORE, PURSUANT TO SECTION 4410.1100, SUBPART 6 OF THE EQB
RULES, THE CITY COUNCIL OF THE CITY OF ELK RIVER FINDS THAT THE
EVIDENCE BEFORE IT FAILS TO DEMONSTRATE THAT THE FACILITY HAS
THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS AND DENIES
THE PETITION FOR AN EAW.
The foregoing resolution was introduced by Council Member Farber
and duly seconded by Council Member Thompson
The following voted in favor of the resolution:
Mayor Klinzing, Council Members Farber, Thompson, Dietz 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 28th day of August,
2000.
~;a~da Peine, Cle~