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HomeMy WebLinkAbout2003-167 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 03-167 RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED MARSHAN LAKES INDUSTRIAL PARK WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, the City initiated an environmental review to determine if the proposed Marshan Lakes Industrial Park has the potential for significant environmental effects, as required by MN Rules, Chapter 4410.4300, Subpart 14.; and WHEREAS, the Lino Lakes City Council makes the following specific findings of fact: 1. The City of Lino Lakes is the responsible governmental unit for the EAW. 2. An EAW was prepared and the City Council approved its distribution with Resolution 03-109. The EAW was distributed according to the requirements of MN Rules 4410. 3. The public comment period ended on August 20, 2003. 4. The City has reviewed comments on the EAW and has prepared responses to these comments, included in the Record of Decision, dated September 22, 2003 5. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority indicates that this project does not have the potential for significant environmental effects. 6. In considering the type, extent, and reversibility of environmental effects, there will be no significant environmental effects from the project. 7. The project involves no related developments, connected actions, or phased actions as defined by MN Rules 4410. 8. The City Council must make either a negative declaration or a positive declaration on the need for an Environmental Impact Statement (EIS). NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a negative declaration regarding the need for an EIS, meaning that an EIS is not needed for the Marshan Lakes Industrial Park as currently proposed. Adopted by the Lino Lakes City Council this 22nd day of September, 2003. ATTEST: (-moi Ann Blair, City Q,brk AGENDA ITEM 7A (i) STAFF ORIGINATOR: Michael Grochala C. C. MEETING DATE: September 22, 2003 TOPIC: Resolution 03-167 Making and Negative Declaration on the need for and Environmental Impact Statement ACTION REQUIRED: 3/5 vote BACKGROUND Glenn Rehbein et. al. is proposing to develop a 30 acre Industrial Park, east of Lake Drive to create a site for a potential Tight industrial user, and three additional lots for future development. The size of the development, which could potentially exceed 300,000 square feet of light industrial development, required the preparation of a Environmental Assessment Worksheet. The City retained the services of Short, Elliott, Hendrickson, Inc., (SEH) to prepare the EAW. The City Council authorized distribution of the EAW on July 14, 2003. The required 30 day public comment period ended on the August 20, 2003. Comments were received from the Minnesota Department of Transportation (Mn/DOT), the Minnesota Pollution Control Agency (MPCA) and Metropolitan Council. Agency comments and the City's responses are included in the attached Record of Decision prepared by the City's Consultant Short, Elliott, Hendrickson, Inc. After the public comment period, it is the City's responsibility to decides if it has enough information to determine if the project will cause significant environmental effects. If it will not cause such effects, the City makes a "negative declaration" meaning that an Environmental Impact Statement (EIS) is not necessary. If the review process reveals, in the judgement of the City, that the project will cause significant environmental effects, the City makes a "positive declaration" meaning an EIS is necessary. As setforth in the Record of Decision, adequate information has been presented to determine that the proposed project will not cause significant environmental effects and therefore ,an Environmental Impact Statement (EIS) is not necessary. The City's Environmental Board reviewed the draft Record of Decision on September 10, 2003 and recommended approval with some minor changes. All of their comments have been incorporated into the final document. Representatives from Short, Elliott, Hendrickson, Inc. will be available at the council meeting to address comments. RECOMMENDATION Staff is recommending approval of Resolution 03-167 making a negative declaration on the need for an Environmental Impact Statement. ATTACHMENTS 1. Resolution No. 03-167 2. Record of Decision