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HomeMy WebLinkAbout2002-142 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-142 RESOLUTION APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE EAGLE BROOK CHURCH WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheets (EAW); and WHEREAS, Eagle Brook Church has initiated an environmental review to determine if a project has the potential for significant environmental effects, as allowed by 4410.1000, Subpart 3.D.; and WHEREAS, Eagle Brook Church, the project proposer, has submitted data for an EAW; and WHEREAS, the City has reviewed the submitted data and determined to the best of the City's knowledge that the EAW is complete and accurate; NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council approves the distribution of the Eagle Brook Church EAW for public comment as required by MN Rules 4410.1500. Adopted by the Lino Lakes City Council this ' /1' day of 0 c�1� Johnerge:. n, . yor A'1"1'LST: Ann Blair, CClerk 2002 AGENDA ITEM 7 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 14, 2002 TOPIC: Resolution 02-142 Approving Distribution of the Environmental Assessment Worksheet for the Eagle Brook Church ACTION REQUIRED: 3/5 vote BACKGROUND Eagle Brook Church is proposing to build a church on a site approximately 3/ mile north of the Centerville/Lino Lakes border, on the west side of 20th Ave. The church has prepared an Environmental Assessment Worksheet (EAW) for the project. City staff have reviewed the information submitted by the church and is comfortable recommending that the EAW be distributed for public comment. Resolution 02-142 approves the distribution for public comment. The resolution does not in any way grant any approval of the church project itself. The Eagle Brook Church EAW is voluntary. The proposed project does not cross any mandatory EAW thresholds. A citizen group did submit a petition requesting the preparation of an EAW, which was forwarded to the City. However, the church decided to prepare the EAW by the time the City received the petition, so the City did not need to decide if an EAW was warranted. The church has not submitted any project applications to the City for review. Based on the preliminary plans described in the EAW, the site comprises 95 acres overall. The proposed new church would include 88,000 sf with the possible addition of another 7,500 sf. The potential total of 95,500 sf is analyzed by the EAW. The project would also include the necessary parking, road improvements, and other typical elements of site development. Environmental Review Process Rules written by the Minnesota Environmental Quality Board describe the requirements for the environmental review. These rules were written to implement MN Statute 116D, the Minnesota Environmental Policy Act. Environmental review starts with an environmental assessment worksheet (EAW). An EAW is defined as a brief document which is designed to set out the basic facts necessary to determine whether an environmental impact statement (EIS) is necessary. The EAW form was created by the Minnesota Environmental Quality Board (EQB). It is a list of questions that must be completed based on the project specifics. Briefly, the project proposer submits information for the EAW. The City then reviews the submitted information for accuracy and completeness. Then the EAW is distributed and made available for public review. A public comment period of 30 days follows. Approving the EAW for distribution means that the City is comfortable that the document is accurate and complete to the best of its knowledge. There is no other commitment or hidden implication regarding approval of the project in making the decision to distribute the document. Approving the EAW for distribution does not mean that the City is approving the project. On the contrary, once the EAW process has been initiated, the project cannot be started and no governmental entity can make a final decision on the project until the environmental review process is completed. After the public comment period, the City 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 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. An EIS is a very large, very expensive study. It is not unusual for an EIS cost a million dollars and typically takes several years to complete. A step-by-step summary of the process follows. Project proposer submits data. • Normally, the developer completes the EAW form and the City reviews and amends it. • It is the City's document and the City has a responsibility to ensure, to the best of its ability, that it is complete and accurate. 2. City approves the EAW for distribution. 3. There is a list of agencies to which the EAW must be distributed. The project proposer will make all the necessary copies and distribute them to the required agencies. We will have a copy available in the library in City Hall. 4. Availability of the EAW is published in the EQB Monitor. City provides press release to newspaper. 5. Thirty -day public comment period begins on day of publication in EQB Monitor. 6. After comment period closes, City determines if it has enough information to make a determination. • If not, it can postpone the decision for 30 more days to gather information. 7. If City has sufficient information, it should make a determination within 30 days of the close of the comment period. • A negative declaration means there will be no significant environmental effects from the project and an EIS is not necessary. • A positive declaration means an EIS is necessary. 8. The City provides its decision within five days to the distribution list and everyone who submitted a comment. 9. The City must respond to all substantive comments and distribute the responses. OPTIONS 1. Approve Resolution 02-142 approving distribution of the EAW. 2. Return to staff with direction. RECOMMENDATION Option 1