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00-8974r 6 RESOLUTION NO. 8974 RESOLUTION APPROVING NEGATIVE DECLARATION AND RECORD OF DECISION CITY BELLA WHEREAS, Gramercy Corporation is the Proposer of a mixed-use development located in the southwest quadrant of 66th Street and Lyndale Avenue in the City of Richfield ("Project"); and WHEREAS, the Project is proposed to include 251 apartment units, 82 cooperative housing units, 49,500 square feet of retail and office space, a 1.4 acre plaza and 727 parking spaces; and WHEREAS, the Project falls within the mandatory environmental assessment worksheet ("EAW") category of Minn. Rules Part 4410.4300, subp. 32 because the Project involves the construction of a mixed-use development with 333 attached housing units and 49,500 square feet of retail and office space ("EAW'); and WHEREAS, the City is the Responsible Governmental Unit ("RGU") pursuant to Minn. Rules Part 4410.4300, subp. 14 (1995); and WHEREAS an EAW was prepared by the City with the assistance from the Proposer, who submitted completed data portions of the EAW to the City consistent with Minn. Rules Part 4410.1400 (1995); and WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality Board ("MEQB") for EAWs in accordance with Minn. Rules Part 4410.1300 (1995); and WHEREAS, the City issued the EAWon October 16,2000 and provided a copy to the MEQB on the same day; and WHEREAS, the City issued a press release on October 16, 2000 to the Sun- Current newspaper regarding the availability of the document; and WHEREAS, the comment period closed on November 15, 2000 and comments were received from four state agencies and one individual during the comment period; and WHEREAS, the City with assistance from the Proposer has prepared a proposed Record of Decision on the EAW for the Project for consideration by the City Council ("Record of Decision"), which includes Findings of Fact and Responses to Comments received, is attached hereto as Exhibit A; and WHEREAS, the City staff has reviewed the proposed Record of Decision and has found the Record of Decision to be consistent with the evidence submitted to the City and the applicable statutes and regulations, to the best of their knowledge, and has recommended that the City Council approve the Record of Decision and determine that no environmental impact statement ("EIS") is necessary, reasonable or warranted with respect to the Project under the circumstances; and WHEREAS, the City Council desires to make the Findings of Fact which are contained within the Record of Decision and to conclude that no EIS is required with respect to the Project ("Negative DeGlaratipn"). NOW, THE;RE;FORE, BE IT RESOl-VED that the City Council does hereby: 1. Adopt and approve the Record of Decision on the City Bella Environmental Assessment Worksheet in the form which is attached hereto as Exhibit A and hereby makes the Findings of fact and Conclusions which are contained therein; and 2. Find and determine that, based upon the Record of Decision, no environmental impact statement is required for the Project pursuant to the Minnesota Environmental Policy Act or Minnesota Rules Parts 4410.0200 to 4410.06500 (1993). Adopted by the City Council of the City of Richfield, Minnesota this 11 th day of December, 2000. ~u Martin J. Ki , Mayor ATTEST: o , Deputy City Clerk