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HomeMy WebLinkAboutCity Council Resolution 1991-444CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota was held on the 5th day of August , 1991. The following members were present: Mayor Bergman, Councilmembers Helliwell , Ricker, Vasiliou, Zitur. The following members were absent: None Councilmember Ricker adoption: introduced the following Resolution and moved its RESOLUTION NO. 91-444 DENYING PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the Environmental Quality Board ("EQB") has received a petition requesting that an environmental assessment worksheet ("EAW") be prepared; and WHEREAS, the EQB has designated the City of Plymouth as the responsible governmental unit to decide whether an EAW should be prepared; and WHEREAS, the City Council has reviewed the petition and the background information pertaining to this matter and makes the following: 1. There is a discrepancy concerning the project for which an EAW is requested between the project described in the petition and the project described in the cover letter by which the petition was submitted to the EQB. The petition, which is signed by 38 individuals, describes the project for which an EAW is requested as "the proposed Schmidt Lake Road/Interstate 494 Interchange." ("Interchange Project") The June 17, 1991 cover letter by which the petition was submitted to the EQB describes the project as: "Continuation of Northwest Boulevard, from 56th Avenue North to 45th Avenue North and Schmidt Lake Road from Pineview Lane to Interstate 494, including proposed Schmidt Lake Road/494 Interchange." ("Northwest Boulevard/Schmidt Lake Road Project"). 2. The description of the project in description of the project in Nevertheless, for the sake of fully has considered both projects in prepared. the signed petition prevails over the the June 17, 1991 cover letter. addressing all issues, the City Council determining whether an EAW should be 3. In the cover letter and attached petition, the petitioners have requested that an EAW be prepared so that residents can be assured that the City continues to evaluate the most feasible and prudent alignment for the continuation of Northwest Boulevard and to conduct an assessment of the impact on wildlife and wetland areas. Resolution 91- 444 Page Two 4. A portion of Northwest Boulevard near 55th Avenue North was graded in 1985 in connection with the Bass Lake Woods plat. Another portion of Northwest Boulevard near 54th Avenue North was graded in 1987 in connection with the Bass Lake Heights 4th Addition plat. The DNR issued a permit for that grading work. Another portion of Northwest Boulevard between 56th Avenue North and 54th Avenue North was graded in 1990 as part of the Bass Lake Terrace plat. 5. The petition recommends the consideration of Alignment AE, rather than the AD alignment now under consideration by the City. 6. The City has previously prepared an EAW dated January 14, 1991, for the construction of Schmidt Lake Road from Pineview Lane to I-494 and Northwest Boulevard from 45th Avenue North to 54th Avenue North. 7. The Northwest Boulevard/Schmidt Lake Road Project as described in the cover letter includes all of the area that was the subject of the January 14, 1991 EAW. In addition, the Northwest Boulevard/Schmidt Lake Road Project includes Northwest Boulevard from 56th Avenue North to 54th Avenue North and includes the future Schmidt Lake Road/I-494 Interchange. Northwest Boulevard from 56th Avenue North to 54th Avenue North was not included as part of the project for the January 14, 1991 EAW because there are no wetlands in that area other than those for which the DNR permit was issued. The future Schmidt Lake Road/I-494 Interchange was not considered as part of the project because there is no pending or proposed application to construct the interchange. 8. In the January 14, 1991 EAW, the City considered all of the environmental effects pertaining to that portion of the Northwest Boulevard/Schmidt Lake Road Project which overlaps with the project that was the subject of the EAW, including the wetlands issues upon which the petitioners' request for an EAW is based. 9. In the January 14, 1991 EAW the City considered the environmental effects of several alternative alignments for Schmidt Lake Road and Northwest Boulevard, including the AE and AD alignments. The City concluded in the EAW that the AD alignment had the least impact on the wetland areas and therefore was the preferred alternative. 10. By Resolutions No. 91-141 and 91-142 adopted on March 4, 1991, the City Council concluded that no environmental impact statement ("EIS") was required for the project described in the January 14, 1991 EAW. 11. The record of decision on the January 14, 1991 EAW was prepared and published in the EQB Monitor on March 18, 1991. There has been no challenge to the EAW. Resolution 91-444 Page Three 12. The future Interstate 494/Schmidt Lake Road Interchange, although ultimately planned as part of the City's Thoroughfare Guide Plan, is not included in the City's Five -Year Capital Improvement Program. In addition, the interchange has not been programmed for construction by the Minnesota Department of Transportation or Hennepin County. 13. The portion of Northwest Boulevard from 56th Avenue North to 54th Avenue North contains no wetlands area (other than those for which the DNR permit was issued in 1987) or any other environmentally sensitive area. The remaining work to be done on Northwest Boulevard between 56th Avenue North and 54th Avenue North will not affect any wetlands beyond what was authorized by the DNR permit. 14. The City has applied for a permit from the Department of Natural Resources (DNR) to construct Northwest Boulevard between 54th Avenue North and 45th Avenue North and to construct Schmidt Lake Road between Pineview and I-494. 15. There is no proposed or pending application to construct the Schmidt Lake Road/I-494 Interchange. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, AND BASED ON THE ABOVE FINDINGS: 1. The petition for an EAW for the Interchange Project, as described in the petition, is denied for the following reasons: a. The Interchange Project as described in the petition does not exist because there is no proposed project to construct the Schmidt Lake Road/I-494 Interchange. b. There is no proposed project for the Schmidt Lake Road/I-494 Interchange, therefore it is impossible to consider the environmental effects of any such project. C. The City cannot act on the petition as it pertains to the Interchange Project because no permit application has been filed for that project. The City will keep the petition on file for one year from the date on which it was filed with the EQB. 2. In addition to the above reasons, the petition for an EAW for the Northwest Boulevard/ Schmidt Lake Road project as described in the June 17, 1991 cover letter, is denied for the following reasons. a. The City has already prepared an EAW dated January 14, 1991 that addressed the environmental effects of the project described in the petition, except for Northwest Boulevard between 56th Avenue North and 54th Avenue North. b. There is no potential for significant environmental effects from the construction of Northwest Boulevard between 56th Avenue North and 54th Avenue North. Resolution 91-444 Page Four c. The environmental effects of the AD and AE alternative alignments for Northwest Boulevard will be addressed as part of the DNR permitting process. d. A negative declaration has previously been issued regarding the January 14, 1991 EAW and there has been no substantial change in the project that would affect the potential for significant environmental effects. e. The petitioners have failed to present sufficient evidence to demonstrate that the proposed project that they described would have the potential for any significant environmental affects which have not already been considered in the January 14, 1991 EAW. f. The environmental effects of the project described in the petition as described in the cover letter were addressed in the January 14, 1991 EAW and no challenge has been made to that EAW. g. Because all of the potential environmental effects set forth in the petition were addressed and fully considered in the January 14, 1991 EAW, it would be a unreasonable expenditure of public funds and resources to prepare another EAW to address the same issues, especially when those issues will be reviewed as part of the DNR permitting process. The motion for the adoption of the foregoing Resolution was duly seconded by COUncilmember Zitur , and upon vote being taken thereon, the following voted in favor thereof: Helliwell, Rirker, 7;_fi: , 8er-gwan. The following voted against or abstained: Vasiliou. Whereupon the Resolution was declared duly passed and adopted.