Res 2003-115 Declaration on Environmental Effects in Respect to "The Bluffs"CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 03-115
A RESOLUTION MAKING A POSITIVE DECLARATION OF THE POTENTIAL FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS WITH RESPECT TO THE MULTI-
FAMILY RESIDENTIAL DEVELOPMENT, KNOWN AS "THE BLUFFS", IN THE
VICINITY OF THE NORTH END OF PILOT KNO-6 ROAD
PLANNING CASE
#02-50
WHEREAS, Ron Clark Construction and Design, through Minnstar Builders (Minnstar),
has applied for a Rezoning, Preliminary Plat, Conditional Use Permit for a Planned Unit
Development, and Variance for an Owner -Occupied Multi -Family Residential Development in
the vicinity of the North End of Pilot Knob Road as proposed in Planning Case #02-50; and
WHEREAS, the Minnesota Environmental Quality Board (EQB) received a citizen
petition requesting that an Environmental Assessment Worksheet (EAW) be conducted for this
project pursuant to Minnesota Rules 4410.1000, subpart 3.B.; and
WHEREAS, the EQB designated the City of Mendota Heights as the governing body to
review the petition and decide on the need for an EAW; and
WHEREAS, the Mendota Heights City Council (Council) ordered at its January 7, 2003
city council meeting that an EAW be performed; and
WHEREAS, under the supervision of the Council, Minnstar submitted a complete EAW
on August 26, 2003, and notice that the EAW was available for public review and comment was
published in the EQB Monitor on September 29, 200' ); and
WHEREAS, the public comment period was open for the requisite 30 -day period during
which time the Council received public comments that addressed the accuracy and completeness
of the material contained in the EAW, potential impacts that may warrant further investigation
before the project is commenced, and the need for an environmental impact statement (EIS) on
the proposed project; and
WHEREAS, the Council engaged the expertise of Barr Engineering Company (Barr) to
study the EAW, any submitted comments, any potential impacts that may warrant further
investigation before the project is commenced, and to make recommendations and give its
opinion as to whether the project as proposed has the potential for significant environmental
effects; and
WHEREAS, Barr examined the EAW and analyzed more than 150 comments submitted
during the 30 -day review and public comment period, including, but not limited to,
correspondence and reports submitted by the 106 Group, an archaeological and historical
consulting firm retained by the Proposer, the State Historic Preservation Office, the National
Park Service, Native American communities, Metropolitan Airports Commission, state, regional
and county governments and agencies, and historians; and
WHEREAS, in its November 13, 2003 letter to the Mayor and the Council, Barr
recommended that an Environmental Impact Statement ("EIS") be prepared because there "are
demonstrable potential significant adverse impacts associated with the proposed development";
and
WHEREAS, the Council has examined the EAW, the public record, Barr's conclusions,
and, based on the foregoing, the Council finds that the project, as proposed, has the potential for
significant environmental effects.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that a positive declaration is made that the "Bluffs" project, as proposed by
Minnstar Builders, has the potential for significant environmental effects; and
BE IT FURTHER RESOLVED, that an EIS is ordered by the City as the Responsible
Governmental Unit as designated by the Minnesota Environmental Quality Board pursuant to
Minnesota Rules 4410.1700, subpart 1.
Adopted by the City Council of the City of Mendota Heights
This 24th day of November, 2003
ATTEST:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
B
Kathleen M. Swanson, City Clerk
John H
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
IN THE MATTER OF THE DECISION FINDINGS OF FACT
ON THE NEED FOR AN ENVIRONMENTAL AND ORDER
IMPACT STATEMENT FOR THE PROPOSED
DEVELOPMENT, "THE BLUFFS OF
MENDOTA HEIGHTS"
Pursuant to Minnesota Rules Chapter 4410, the City of Mendota Heights (the "City")
prepared an Environmental Assessment Worksheet (the "EAW") for the "Bluffs" project as
proposed. Based on the review of the EAW, the Report, as defined herein, and the public
comments received during the comment period, the City hereby makes the following Findings of
Fact and Order: i
FACTUAL BACKGROUND
1. Minnstar Builders ("Minnstar") has proposed to develop approximately 157
residential townhomes on approximately 25 acres in Mendota Heights (the "Project").
2. A petition requesting an environmental assessment worksheet ("EAW") was
submitted to the Minnesota Environmental Quality Board (the "EQB"), which certified the
petition and designated the City as the responsible governmental trait ("RGU").
3. As the RGU, the City Council for the City of Mendota Heights (the "Council")
ordered at its January 7, 2003 council meeting that an EAW be prepared for the Project.
4. The EAW was certified completed by the City at its Council meeting on
September 16, 2003. The 30 -day comment period began on September 29, 2003 and ended on
October 29, 2003.
5. During the cominent period, the City received and analyzed more than 150 public
comments, including correspondence and reports submitted by The 106 Group Ltd., an
archaeological and historical consulting firm retained by Minnstar, the State Historic
Preservation Office, the National Park Service, Native American communities, state, regional
and county governments and agencies, and historians (collectively, the "Comments").
6. The City engaged the expertise of Barr Engineering Company ("Barr") to assist it
with its review of the EAW and public comments and Barr prepared its report dated November
13, 2003 (the "Report") attached hereto and made a part hereof as Exhibit A.
LEGAL CONTEXT
7. Based on the review of the EAW, the Report and the public comments, if the City
finds that there exists the potential for significant environmental effects, then under Minnesota
Rules it must order an environmental impact statement ("EIS"). Minn. R. 4410.1700, Subp. 1.
8. Under Minn. R. 4410.1700, Subp. 6, the City, in deciding whether a project has
the potential for significant environmental effects, shall compare the impacts that may be
reasonably expected to occur from the Project with the following criteria:
a. The type, extent, and reversibility of environmental effects;
b. The cumulative potential effects of related or anticipated future projects;
c. The extent to which the environmental effects are subject to mitigation by
ongoing public regulatory authority; and
d. The extent to which environmental effects can be anticipated and controlled as a
result of other available environmental studies undertaken by public agencies or
Minnstar, including other EISs.
9. The City must base its decision regarding the need for an EIS and its proposed
scope on the information gathered during the EAW process and the comments thereto. Minn. R.
4410.1700, Subp. 3.
FINDINGS OF FACT
The type, extent, and reversibility of environmental effects.
10. Based on the EAW, the Report and the Comments submitted, the City finds that
the Project lies within an area which may be a sacred Native American burial site. The Project
has the potential for significant environmental effects associated with disturbing historically
sensitive Native American burial grounds irrevocably.
11. Based on the EAW, the Report and the Comments submitted, the City finds that
the area in which the Project would be located may have cultural and historical significance as it
may be associated with the signing of the 1851 Treat of Mendota.
12. The Report and the Comments submitted to the City identified that the site is a
valued location for bird observation and that, nearby, rare and sensitive species had been
observed. Based on the EAW, the Report and the Comments submitted, the City finds that the
Project raises the potential for significantly impacting recreational birding on the site and
potentially affecting rare bird species.
13. The Minnesota Department of Transportation, Dakota County, and the Dakota
County Soil and Water Conservation District expressed concern with respect to the proposed
impact of surface water and storm water run-off and control of the same with respect to the
proposed project. Based on the EAW, the Report and the Comments submitted, the City finds
that additional investigation is required with respect to the amount, flow and quality of storm
water and surface water nin-off such that more information is needed to determine the extent of
the Project's impact.
The cumulative potential effects of related or anticipated future projects.
14. Based on the EAW, the Report and the Comments submitted, the City finds that
the EAW alone could not adequately examine the potential effects this Project would have on the
community aesthetics and impact on views from surrounding areas, namely from other historic
points, including Fort Snelling Historic District, from St. Peter's Church and from Fort Snelling
— Mendota Bridge.
The extent to which the environmental effects are subject to mitigation by ongoing public
regulatory authority.
15. Based on the EAW, the Report and the Comments submitted, the City finds that,
based on the comments received to the EAW, the mitigation measures are inadequate and need to
be examined more ftilly and thoroughly in an EIS.
The extent to which environmental effects can be anticipated and controlled as a result of other
available environmental studies undertaken by public agencies or Minnstar, including other ElSs.
16. Based on the EAW, the Report and the Comments submitted, the City finds that
additional investigation of the available from other public agencies should be reviewed as part of
an EIS process to determine what environmental effects can be anticipated or controlled as a
result of the Project.
CONCLUSIONS
17. The City has jurisdiction in determining the need for an EIS for the Project. The
EAW, the Report and the evidence in the public record submitted with Comments are adequate
to support a positive declaration regarding the potential for significant environmental effects that
are expected to occur from the Project.
The City of Mendota Heights determines and makes a positive declaration that there is the
potential for significant environmental effects as a result of the Project, as proposed, and
therefore the City orders that an EIS shall be prepared for the Project.
Additionally, the City finds that the scope of the Environmental Impact Statement should be
guided by the findings herein and should generally address the following issues, in addition to
any other issues identified in the environmental review process:
1. The EIS should include additional analysis of historic and cultural impacts of the
proposed development. The Mendota and Shakopee Mdewakanton Communities,
local and regional preservation organizations, State Historical Preservation Office and
local citizens should be consulted regarding the goals, content and design of any
further historic and cultural studies at the site.
2. The EIS should include an analysis of alternatives including the development as
proposed in the EAW, partial development alternatives incorporating additional open
and commemorative space, development of the site as a park or interpretive site, and
non -development of the site. The advice of interested agencies, organizations and the
general public should be obtained in developing project alternatives for analysis.
3. The EIS should include additional analysis of potential noise issues and land use
compatibility. The noise study should include actual on-site monitoring of noise
levels at the site and modeling of proposed noise control measures. The Metropolitan
Airports Commission and Minnesota Department of Transportation should be
consulted regarding the design and interpretation of any noise studies.
4. The EIS should include additional analysis of wildlife (particularly birds and birding)
presence and development impacts. Wildlife studies should include on-site
observation. The Minnesota Ornithological Union and the Minnesota Department of
Natural Resources should be consulted regarding the design of any studies.
5. Storm water runoff and management from the proposed development needs further
investigation. The investigation should include modeling of current run-off (rate,
volume and content) and modeling of run-off with proposed management measures.
Minnesota Department of Transportation, Dakota County and the Dakota County Soil
and Water Conservation District should be consulted regarding the content and design
of further studies.
Adopted by the City Council of the City of Mendota Heights
This 24th day of November, 2003.
ATTEST:
CITY COUNCIL
CITY OF MENDOT�A. HEIGHTS
By ��. By —
Kat een M. Swanson, City Clerk John
2076506v4
EXHIBIT A
Barr Engineering Report
"The Bluffs EAW"
November 13, 2003
(Attached hereto)