HomeMy WebLinkAbout05-18516200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-185
RESOLUTION OF THE PRIOR LAKE CITY COUNCILMAKING A NEGATIVE DECLARATION ON
THE NEED FOR FURTHER ENVIRONMENTAL REVIEW AS A RESULT OF THE SHEPHERD'S
PATH ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By: Fleming Second By: Petersen
The applicant, Shepherd of the Lake Lutheran Church, has made application for
consideration of a Preliminary Plat related to the Shepherd's Path development; and
The project requires preparation of a mandatory EAW pursuant to Minnesota Rules
4410.4300 Subpart 14 and Subpart 19; and
The EAW was approved for distribution and was published in the Environmental Quality
Board Monitor on September 26, 2005. The 30 day comment period ended October
26, 2005; and
The City Council is required to base its decision on the need for an Environmental
Impact Statement (ELS) and the proposed scope of an ElS on the information gathered
during the EAW process and on the comments received on the EAW. Pursuant to
Minnesota Rules 4410.1700, in deciding whether a project has the potential for
significant environmental effects, the following factors shall be considered:
Type, extent and reversibility of environmental effects.
Cumulative potential effects of related or anticipated future projects'.
The extent to which the environmental effects are subject to mitigation
by ongoing public regulatory authority.
The extent to which environmental effects can be anticipated and
controlled as a result of other environmental studies undertaken by
public agencies or the project proposer, or of EISs previously prepared
on similar projects; and
The EAW prepared by Liesch Associates, Inc. is incorporated herein; and
Comments regarding the EAW were received during the 30-day comment period
ending October 26, 2005. Responses to those comments dated November 15, 2005,
are incorporated herein. All comments were adequately addressed and no further
information is needed; and
None of the potential environmental effects identified in the EAW are deemed to be
significant or to materially adversely affect the environment, particularly in light of the
mitigative measures proposed or integrated into the project and the extent to which
they are subject to regulatory authority; and
R",,RESOL [.]TI",PL.ANRES\05-!85 nega.~ive declaration
Phone 952.447.4230 / Fax 952.447.4245
WHEREAS,
Based on the Findings of Fact and Conclusions, the project does not have the potential
for significant environmental impacts; and
WHEREAS,
This documents all matters set forth above and incorporated herein, together with all
matters in the same, shall constitute the Record of Decision.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The above recitals are incorporated herein as if fully set forth.
2. Based on the foregoing information and applicable ordinances, the proposed Jeffers Pond
development does not have potential for significant environmental effects and that preparation of an
ElS is not to be required based on a review of the submitted EAW and evidence received.
3. The preparation of an Environmental Assessment Worksheet (EAW) and the comments received
on the EAW has generated information adequate to determine whether the proposed development
to be known as Jeffers Pond has the potential for significant environmental effects.
4. An Environmental Impact Statement is not required for the Jeffers Pond development.
5. The attached Findings of Fact and Conclusions are incorporated herein as Exhibit A as if fully set
forth.
PASSED AND ADOPTED THIS 21sT DAY OF NOVEMBER, 2005.
YES NO
Haugen X Haugen
Flemin9 X Flemin~l
LeMair Absent LeMair
Petersen X Petersen
Zieska X Zieska
Frank City
Boyles,
R:\RESOLUTI\PLANRES\05-185 negative declaration on shpeherd's path eaw,DOC