06-9744r
RESOLUTION NO. 9744
RESOLUTION APPROVING NEGATIVE DECLARATION AND RECORD OF DECISION
CEDAR POINT COMMONS
WHEREAS, Ryan Companies US, Inc. is the Proposer of a commercial
development located in the northwest quadrant of 66th Street and Trunk Highway 77 (TH
77) in the City of Richfield ("Project"); and
WHEREAS, the Project is proposed to include 350,000 square feet of retail, general
merchandise, restaurant, and home improvement tenant and 1 ,584 parking spaces; and
WHEREAS, the Project falls within the mandatory environmental assessment
worksheet ("EAW") category of Minn. Rules Part 4410.4300, subp. 14 because the Project
involves the construction of a commercial development with 350,000 square feet of retail
and general merchandise ("EAW"); and
WHEREAS, the City is the Responsible Governmental Unit ("RGU") pursuant to
Minn. Rules Part 4410.4300, subp. 14; 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; 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; and
WHEREAS, the City issued the EAW on January 16, 2006 and provided a copy to
the MEQB on the same day; and
WHEREAS, the City issued a press release on January 12, 2006 to the Sun-
Current newspaper regarding the availability of the document; and
WHEREAS, the comment period closed on February 17, 2006 and comments were
received from four state agencies and two individuals 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 Declaration").
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Adopt and approve the Record of Decision on the Cedar Point Commons
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
4410.6500.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
March, 2006.
q~JW
Martin J. K h, Mayor .
ATTEST:
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Nancy Gibbs, C' Clerk