02-106 RESRESOLUTION 02-10 6
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE ELK RIVER STATION PROJECT
A resolution of the City Council of the City of Elk River regarding the
environmental review process for the proposed Elk River Station 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, Oakwood Land Development, Inc. and Centex Homes
are proposing a mixed residential-commercial development on 70 acres
consisting of up to 430 residential units including 300 townhomes, 70
cooperative senior housing units and 60 apartment units and 81,000
square feet of a commercial/retail/office cOmplex; and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300,
Subparts 14.B.(2) 19.D, and 32 (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 September 16, 2002; a press release was given to the
Elk River Star News on September 16, 2002; posted notice was given at
the Elk River Public Library and Elk River City Hall on September 16,
2002; 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 October 16,
2002, from Kathleen A. Wallace; and the State Historic Preservation
Office, by letter dated October 15, 2002, from Britta L. Bloomberg; and
the Minnesota Pollution Control Agency, by letter dated October 16,
2002, from Lynne Kolze and,
WHEREAS, all substantive comments have been responded to
appropriately by the City as RGU in the staff memorandum to the City
Council, dated November 18, 2002, 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 NOVEMBER 18, 2002, 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 wil1 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 Tveite and duly
seconded by Council Member Dietz.
The following voted in favor of the resolution: Mayor Klinzing,
Council Members Dietz, Kuester, Tveite, 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 18th day
of November, 2002.
Stephanie Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk