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CITY COUNCIL <br />AGENDA ITEM 6A <br />STAFF ORIGINATOR: Michael Grochala, Community Development Director <br />MEETING DATE: October 10, 2022 <br />TOPIC: Consider Resolution No. 22-125, Approving Record of Decision <br />and Making a Negative Declaration on the Need for an <br />Environmental Impact Statement, Robinson Sod Farm EAW <br />VOTE REQUIRED: 3/5 <br />INTRODUCTION <br />Staff is requesting City Council consideration to adopt the Record of Decision and Making a <br />Negative Declaration on the Need for an Environmental Impact Statement. <br />BACKGROUND <br />The Robinson Sod Farm Environmental Assessment Worksheet (EAW) was approved for <br />distribution by the City Council on August 8, 2022. The document was filed with the Minnesota <br />Environmental Quality Board (EQB) and circulated for review and comments to the required <br />EAW distribution list. A Notice of Availability was published in the EQB Monitor on Tuesday, <br />August 16, 2022. Notice was also provided to properties within 600 feet of the proposed project. <br />The thirty day comment period closed on September 15, 2022. The City received a number of <br />written comments from agencies and citizens. The City must respond to every substantive <br />comment. Substantive comments are comments that address the accuracy and completeness of <br />the materials contained in the EAW, potential impacts that may warrant further investigation <br />before the project is commenced, and the need for an Environmental Impact Statement (EIS) on <br />the proposed project. <br />The City's response to substantive comments received during the comment period are included <br />in the attached draft Record of Decision document. <br />The EAW is not meant to approve or disapprove a project, but is simply a source of information <br />to guide other approvals and permitting decisions. Minnesota Rule 4410.177, Subpart 2 requires <br />the City to make either a negative declaration or a positive declaration on the need for an EIS. <br />The City shall base its decision regarding the need for an EIS on the information gathered during <br />the EAW process and the comments received on the EAW. In doing so, the City must prepare a <br />record of decision that includes the information supporting the decision. <br />