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.