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HomeMy WebLinkAboutCC RES 94-057 RESOLUTION DENYING THE PETITION FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR RENOVATION OF APACHE PLAZA Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103458 Box: 26 Folder: RES 1994 Document: CC RES 94057 RESOLUTION DENYING THE PETITION FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR RENOVATION OF APACHE PLAZA CITY OF ST. ANTHONY RESOLUTION 94-057 • RESOLUDON DENYING THE PETITION FOR PREPARATION OF AN _ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR RENOVATION OF APACHE PLAZA WHEREAS, a Petition was duly filed on November 9, 1994, with the Environmental Quality Board of the State of Minnesota (EQB) by the required number of petitioners requesting that an environmental assessment worksheet (EAW) be prepared for the renovation of Apache Plaza proposed as Rice Creek Watershed District permit application No. 93-32; and WHEREAS, pursuant to Minnesota Rules regarding the preparation of EAWs, by letter dated November 18, 1994 the EQB has appointed the City of St. Anthony as the Responsible Governmental Unit (RGU) to determine the need for an EAW; and WHEREAS, the City Council of the City of St. Anthony, pursuant to Minnesota Rules and the direction of the EQB, has as the duly appointed RGU, examined the allegations set forth in the Petitioner's Petition; and WHEREAS, the Apache Plaza project is not a new facility, and the renovation and repairs of Apache Plaza will result in a reduction (not an expansion) of net floor • space of approximately 40,800 square feet, such that the project is below the thresholds for the mandatory EAW and environmental impact statement (EIS) categories set forth in Minn. R. pts. 4410.4300, subpt. 14(B) and 4410.4400, subpt. 11(B); and WHEREAS, after consideration of evidence presented by the petitioners, proposers, city staff, and other interested parties, together with testimony presented at the regularly scheduled City planning commission meeting of November 15, 1994 and City Council meetings of November 22, 1994 and a special meeting of November 29, 1994, the City Council has determined that the evidence presented does not demonstrate that the Apache Plaza renovation may have the potential for significant environmental effects; and WHEREAS, the City Council specifically finds that: 1. Apache Plaza has been present for more than twenty years; 2. No additional impervious surface area will be added as part of the renovations; 3. The construction work itself is not expected to have an environmental • effect; 4. Stormwater run-off management efforts to be undertaken by the • proposer as part of the renovation will improve environmental quality in the vicinity of the project as compared to existing conditions, as described in the November 28, 1994 Barr Engineering Co. memorandum; 5. Any impacts are minimized by the limited degree of magnitude of the project in that Apache Plaza will be reduced (not increased) in size by this project; 6. Maintenance operations by Apache Plaza, Ltd. described in the Stormwater System Maintenance Agreement will reduce or eliminate impacts over time during the life of the project; 7. Related future renovations or repairs have been taken into account and will be mitigated by Stormwater run-off management efforts described in the November 28, 1994 Barr Engineering Co. memorandum; other future projects are not currently anticipated; and 8. The City of St. Anthony, Rice Creek Watershed District, and the Minnesota Pollution Control Agency will retain regulatory authority to address any future water quality issues in relation to Silver Lake and • the watershed associated with Apache Plaza. As a record of its decision, the City Council includes the following information: this resolution, the plans, the November 28, 1994 Barr Engineering Co. memorandum, the Stormwater System Maintenance Agreement, the EAW petition, and all testimony and materials submitted at the City planning commission meeting of November 15, 1994 and City Council meetings of November 22, 1994 and November 29, 1994. WHEREAS, because the ordinances of the City of St. Anthony, together with the required review and permitting processes of other agencies, including, but not limited to the Rice Creek Watershed District, provide the necessary review regulation and protection or mitigation measures to evaluate the appropriateness of the proposed Apache Plaza renovation, the City Council has determined that an EAW is unnecessary. NOW THEREFORE, BE IT RESOLVED that the City of St. Anthony, Minnesota, acting as the duly appointed RGU, hereby denies the Petition of an EAW for the Apache Plaza renovation and directs the City Clerk to notify in writing the proposer, the EQB, and counsel for petitioners of this decision. Dated: November 29 1 1994 • CITY OF ST. ANTHONY RESOLUTION 94-057 Adopted this o2 9 day of 1994. Mayor ATTEST: eputy City Clerk • �,VI�IViI / Reviewed for administration: City Manager CERTIFICATION I, Judith L. Monson, duly appointed and qualified Deputy City Clerk in and for the City of St. Anthony, State of Minnesota, do hereby certify that the above is a true and full copy of a resolution duly adopted by the City Council of said city assembled in regular session on the 29th day of November, 1994. Deputy City Clerk •