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<br />WHEREAS, the environmental review process mandated by the <br />Minnesota Environmental Policy Act and implemented through the EQB <br />Rules has been followed and this resolution shall be the City's record of its <br />compliance with the EQB Rules and decision in this matter; and, <br /> <br />WHEREAS, the City, as RGU, shall order the preparation of an EIS if <br />the Project has the potential for significant environmental effects; and, <br /> <br />WHEREAS, in deciding whether a project has the potential for <br />significant environmental effects, the City is to apply the criteria set forth in <br />Section 4410.1700 subparts 6 & 7 of the EQB Rules. <br /> <br />NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED <br />IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE <br />RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM <br />TO THE COUNCIL DATED SEPTEMBER 7, 2004, THE CITY COUNCIL <br />OF THE CITY OF ELK RIVER FINDS THE PROJECT DOES NOT <br />REQUIRE THE PREPARATION OF AN ENVIRONMENTAL IMPACT <br />STATEMENT FOR THE FOLLOWING REASONS: <br /> <br />A. The environmental effects of the Project are minimal. <br />B. The project will be subject to ongoing regulatory authority of the <br />City of Elk River and other state agencies. <br />C. The project will not cause future development. <br />D. Future development in the area of the Project will be subject to the <br />requirements of the EQB Rules and will be subject to the ongoing <br />regulatory authority of the City and other governmental agencies. <br /> <br />The foregoing resolution was introduced by Council Member Tveite and duly <br />seconded by Council Member Kuester. The following voted in favor of the <br />resolution: <br /> <br />Acting Mayor Motin, Councilmembers Dietz, Kuester, and Tveite <br /> <br />The following voted against the resolution: <br /> <br />None <br /> <br />The following were absent: <br /> <br />Mayor Klinzing <br /> <br />Whereupon the resolution is adopted. <br /> <br />04-67 <br />