HomeMy Public PortalAbout2007-004 Resolution Accepting Petition for Preparation of Environmental Assessment Worksheet Rising Sun Memorial ParkMember Weir introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO.2007-04
RESOLUTION ACCEPTING THE PETITION FOR PREPARATION OF AN
ENVIRONMENTAL ASSESSMENT WORKSHEET ON THE RISING SUN
MEMORIAL PARK PROJECT
WHEREAS, Richard Gay (the "Applicant") has an option to purchase property legally
described in Exhibit A attached hereto (the "Property"); and
WHEREAS, the Property is currently zoned Rural Residential; and
WHEREAS, the Applicant has applied to the city of Medina (the "City") for a
conditional use permit and site plan to construct and operate a cemetery on the Property, which
will include burial sites, mausoleum crypts and niches, a columbarium and private estates (the
"Project"); and
WHEREAS, on December 12, 2006, a citizen's petition requesting preparation of an
Environmental Assessment Worksheet ("EAW") for the Project was filed with the City; and
WHEREAS, the citizen's petition was also filed with and certified by the Environmental
Quality Board ("EQB"); and
WHEREAS, on December 13, 2006, the EQB designated the City as the Responsible
Governmental Unit (the "RGU") charged with acting on the petition; and
WHEREAS, on December 19, 2006, the City adopted a resolution authorizing staff to
review the petition and other relevant information and make a recommendation regarding
whether the petition should be accepted and an EAW prepared; and
WHEREAS, the City, acting as the RGU, conducted a factual review of the concerns
raised in the petition and evaluated the Project against mandatory EAW, Environmental Impact
Statement ("EIS") and exemption thresholds set forth by the Minnesota Rules; and
WHEREAS, pursuant to Minnesota Rule 4410.1100, subpart 6, the City must also
determine whether the evidence demonstrates that because of the nature or location of the
proposed Project, the Project may have the potential for significant environmental effects; and
WHEREAS, in considering the evidence, Minnesota Rule 4410.1100, subpart 6 states
that the City should consider the factors listed in Minnesota Rule 4410.1700, subpart 7, which
include the type, extent, and reversibility of environmental effects; and
Resolution No. 2007-04
January 2, 2007
WHEREAS, as the governing body of the City, the city council reviewed the matter on its
merits, including consideration of the memorandum dated December 22, 2006 prepared by
Bonestroo, Rosene, Anderlik & Associates and makes the following findings of fact in regard to the
matter:
a. The Project does not fall within the mandatory EAW, EIS or exemption thresholds
set forth by the Minnesota Rules.
b. The Project is a cemetery and cemeteries pose a risk to groundwater due to the fact
that cemetery leachate that results from the decomposition of embalmed human
remains that contains formaldehyde (which is considered a contaminant in
groundwater) can enter the groundwater supply.
c. Contamination of the groundwater supply is a concern with respect to the Project
because it is likely that shallow perched groundwater exists on or near the Project
site, which may be hydraulically connected to the deeper drift aquifer which supplies
groundwater to wells in the area near the Project.
d. Based on the above findings, the proposed land use type and extent has the potential
to contaminate the groundwater and this contamination would be a source of
environmental concern.
e. An EAW is an appropriate mechanism to review and evaluate groundwater
contamination and all other potential environmental concerns posed by the Project.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina,
Minnesota, as follows:
1. That the petition for preparation of an EAW is hereby accepted and preparation of an
EAW is ordered;
2. Staff is authorized and directed to take any and all actions necessary or convenient to
carry out the intent of this resolution; and
3. Staff is authorized and directed to inform the Applicant and other interested parties
that review of the land use approvals necessary for the Project will be suspended
during the preparation and review of the EAW as provided in Minnesota Statutes,
section 15.99, subd. 3(d) and Minnesota Rule 4410.3100.
Dated: January 2, 2007
Resolution No. 2007-04
January 2, 2007
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T.M. Crosby, Jr., Mayo
ATTEST:
Chad M. Adams, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member Smith upon
vote being taken thereon, the following voted in favor thereof:
Weir, Smith, Crosby, Cavanaugh, Johnson
And the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2007-04
January 2, 2007
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