01-9007r
39
RESOLUTION NO. 9007
RESOLUTION DENYING A REQUEST FOR A SUPPLEMENTAL ENVIRONMENTAL
IMPACT STATEMENT FOR THE BEST BUY CAMPUS PROJECT AND ADOPTING A
SET OF FINDINGS AND CONCLUSIONS
WHEREAS, Best Buy Corporation is the Proposer of a 42-acre office development
located between 76th and 78th Streets and between Penn and Knox Avenues in the City
of Richfield ("Project"); and
WHEREAS, the Project is proposed to include 1.59 million square feet of office
space and total parking of 7,500 parking spaces; and
WHEREAS, the Project falls within the mandatory Environmental Impact Statement
("EIS") category of Minn. Rules Part 4410.4400, subp. 11 b(3) because the Project involves
the construction of an office facility in excess of 750,000 square feet in a city of the second
class; and
WHEREAS, the City is the Responsible Governmental Unit ("RGU") pursuant to
Minn. Rules Part 4410.4300, subp. 14; and
WHEREAS, the Best Buy Campus Environmental Impact Statement ("Best Buy
EIS") was prepared by the City; and
WHEREAS, on December 11, 2000, the City Council, acting as the RGU, found the
Best Buy EIS project adequate; and
WHEREAS, on January 17, 2001, Walser Automotive Group, Inc., Moterwerks, Inc.,
Robert J. Walser, Paul Walser and Andrew Walser (lithe Walsers") submitted a request to
the City to prepare a Supplemental EIS for the Best Buy Project, pursuant to Minn. Rules
Part 4410.3000; and
WHEREAS, the Walsers purport that substantial new information and new
circumstances exist that require preparation of a Supplemental EIS; and
WHEREAS, the Walsers state that the Mall of America Expansion - Met Center Site
Project and related environmental effects were not considered in the Best Buy EIS; and
WHEREAS, the City finds that the traffic projected for the Mall of America
Expansion was included in the forecast traffic volumes used in the Best Buy EIS to analyze
the traffic impacts on 1-494; and
WHEREAS, the Walsers state that redevelopment plans in the Airport South District
will significantly exacerbate impacts from the Project and must be considered and that an
Alternative Urban Areawide Review process underway in Bloomington for the Airport
South District will provide new information that may significantly affect the potential
environmental effects from the Project; and
WHEREAS, the City finds that traffiC from future development in the Airport South
District was included in the foreca$t traffic volymes used in the Best Buy EIS to analyze
the traffic impacts on 1-494, and fu.rth~r that the proposeq projects within the Airport South
District are remote <;Ind, aside from the Mall of America Expansion, are speculative, and
therefore, were not required to be included in the Best Buy EIS; and
WHEREAS, the Walsers state that the planned shl,ltdown of the Crosstown (Trunk
Highway 62) and diversion of traffic to 1-494 constitute new information and circumstances
dramatically enhancing the potential environmental effects from the Best Buy project; and
WHEREAS, the City finds that the Minnesota Department of Transportation planned
shutdown of the Crosstown and div~n)ion of traffic to 1-494 is a temporary impact of that
project and was not required to be studied or mitigated in the Best Buy EIS; and
WHEREAS, the City finds that it is the responsibility of the Minnesota Department of
Transportation as the proposer of the CrQ$~town project to analyze temporary construction
impacts; and
WHEREAS, the Walsers contend that the Galyan's property will be effectively
incorporated into the Best Buy Campus and that this poses new information and new
circumstances that require supplemental review by Richfield; and
WHEREAS, the Walsers purport thgt the addition of the Galyan's property to the
Best Buy Campus either constitutes a sybstantial chcmge in the Project affecting the
potentii;ll for significant adverse environmental effects, or constitutes a later phase or
component of a phased or connected actiqn that was not evaluated in the Best Buy EIS;
and
WHEREAS, the City finds that the Galyan's property was not purchased by Best
Buy as a later phase of the Project, and, as is indicated in an Affidavit included as
Attachment C, Best Buy has no plans tq change the present use of the Galyan's pr0perty
from its current retail operation; and
WHEREAS, the Walsers purport that the cumulative effects of the new information
and new circumstances present~d r~quire preparation of a Supplemental EIS; and
WHEREAS, the City finds that neither the rules nor standard practice require the
temporary construction impacts from the Crosstown recon$truction or any other highway
construction project to be included in the cumulative impact analysis of the Best Buy EIS.
The MOA E:xpansion and Airport South District Redevelopment have been included in the
Best Buy EIS traffic analysis. The Galyan's property is not part of the Project and
therefore does not need to be studied in the cumulative impact analysis of the Best Buy
EIS; and
WHEREAS, the City finds that the items raised by Walser neither individually nor
cumulatively require the preparation of a Supplemental EIS; and
WHEREAS, the City has fully considered the request for a Supplemental EIS.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set
forth above and the information contained in Attachment B.
2. The request by the Walsers for a Supplemental EIS does not meet the tests
set out in Minn. Rule~ Part441 0.3000, subp. 3 and is hereby denied.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
February, 2001.
ATTEST:
~J:M1YJ
Nancy Gib~ity Clerk