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HomeMy WebLinkAbout08-088 - ADMIN Resolution - City Council - 2008/07/07RESOLUTION NO. 08-088 APPROVING RECORD OF DECISION AND THE NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE MINNEHAHA CREEK RESTORATION — METHODIST HOSPITAL 6500 & 6550 Excelsior Boulevard WHEREAS, Park Nicollet Methodist Hospital is the Proposer of a project to restore 1,060 linear feet of straightened channel of Minnehaha Creek to its former channel on Methodist Hospital and City of St. Louis Park property. This action will add approximately 400 linear feet of channel, enhance four acres of existing wetland, and add an interpretive boardwalk in the wetland area ("Project"); and WHEREAS, the Project falls within the mandatory environmental assessment worksheet ("EAW") category of Minn. Rules Part 4410.4300, Subpart 26 Streams and Ditches; and WHEREAS, the City of St. Louis Park is the Responsible Governmental Unit ("RGU") pursuant to Minn. Rules Part 4410.4300, Subpart 26; and WHEREAS, an EAW was prepared by Howard R. Green Company, on behalf of the Proposer, who submitted completed data portions of the EAW to the City of St. Louis Park consistent with Minn. Rules Part 4410.1400; and WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality Board for EAWs in accordance with Minn. Rules Part 4410.1300; and WHEREAS, the City of St. Louis Park submitted a copy of the EAW to all public agencies on the EAW distribution list and published EAW availability in the EQB Monitor on February 12, 2007 in accordance with applicable State laws, rules and regulations; and WHEREAS, the comment period closed on March 14, 2007 and five regulatory agencies submitted written comments during the comment period; and WHEREAS, the City of St. Louis Park acknowledges the comments from Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Metropolitan Council, Minnehaha Creek Watershed District, and the City of St. Louis Park; and Resolution No. 08-088 -2- WHEREAS, City staff reviewed the proposed Record of Decision and finds it to be consistent with the evidence submitted to the City and the applicable statutes and regulations, to the best of their knowledge, and recommends 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 rof Fact contained within the Record of Decision and to conclude that no EIS is required with respect to the Project ("Negative Declaration"). Re NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby: 1. Adopt and approve the Record of Decision on the Minnehaha Creek Restoration — Methodist Hospital 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 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 A or Minnesota Rules Parts 4410.0200 to 4410.6500. inistration: Ci Attest: 2'caU Adopted ty Council July 7, 2008 May, Resolution No. 08-088 -3- "EXHIBIT A" City of St. Louis Park Hennepin County, Minnesota RECORD OF DECISION FINDINGS OF FACT, RESPONSES TO COMMENTS, and CONCLUSIONS DATE: July 7, 2008 RE: Determination of Need for an Environmental Impact Statement (EIS) PROJECT: Minnehaha Creek Restoration — Methodist Hospital LOCATION: 6500, 6550 Excelsior Boulevard FINDINGS OF FACT 1. Park Nicollet Methodist Hospital is the Proposer of a project to restore 1,060 linear feet of straightened channel of Minnehaha Creek to its former channel on Methodist Hospital and City of St. Louis Park property. This action will add approximately 400 linear feet of channel, enhance four acres of existing wetland, and add an interpretive boardwalk in the wetland area ("Project"); and 2. The Project falls within the mandatory environmental assessment worksheet ("EAW") category of Minn. Rules Part 4410.4300, subp. 26 Streams and Ditches; and 3. The City of St. Louis Park, Hennepin County, Minnesota, is the Responsible Governmental Unit ("RGU") pursuant to Minn. Rules Part 4410.4300, subp. 26; and 4. An EAW was prepared by Howard R. Green Company, on behalf of the Proposer, who submitted completed data portions of the EAW to the City of St. Louis Park consistent with Minn. Rules Part 4410.1400; and 5. 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 6. The EAW is incorporated by reference in this Record of Decision; and Resolution No. 08-088 -4- 7. The EAW was filed with the MEQB and notice for its availability for public review and comment was published in the EQB Monitor on February 12, 2007. A copy of the EAW was sent to all persons on the MEQB Distribution List and to persons who requested a copy; and 8. The 30 -day public review and comment period opened on February 12, 2007 and ended March 14, 2007closed on March 14, 2007 and comments were received from five state agencies during the comment period; and 9. During the 30 -day public review and comment period, five agencies submitted written comments on the EAW, including Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Metropolitan Council, Minnehaha Creek Watershed District and City of St. Louis Park; and RESPONSES TO COMMENTS 1. Comments by City of St. Louis Park. Letter received January 23, 2007. Comment 1-1: It is presumed that any dewatering will be limited to the project property, and will require a permit from DNR or MN Department of Health, as applicable. Any discharge into City facilities (sanitary sewer or storm sewer) will require a permit from the City of St. Louis Park. Response: Minimal dewatering anticipated. All dewatering will be limited to project area as needed, no discharge to storm or sanitary facilities anticipated. Comment is noted. Comment 1-2: A Conditional Use Permit (CUP) will be required for any displacement (removal or importing of fill) in excess of 400 cubic yards. Response: A Conditional Use Permit application has been submitted to the City of St. Louis Park for review and approval. Comment 1-3: Any specific plant material and vegetative plantings (in addition to trees), including establishment of the creek bank must be reviewed by the City Environmental Coordinator. Response: A permit package has been submitted to the City for review. Comment 1-4: FEMA is currently in the process of updating/revising flood insurance rate maps for Hennepin County including the Minnehaha Creek Watershed. This is referred to in the EAW as the XPSWMM evaluation. FEMA, with support of the U.S. Army Corps of Engineers, DNR, Minnehaha Creek Watershed District, and the City of St. Louis Park are currently working to establish an updated 100 -year elevation for the creek at the project location. Resolution No. 08-088 -5- 0 Establishment and approval of this elevation may or may not have an impact on the project design as proposed. • Response: Methodist Hospital and the City of St. Louis Park engineering staff are aware of the 100 -year elevation being updated and have determined that the project will not have an impact on the flood elevation, nor will the revised elevation have an impact on the proposed project design. Methodist Hospital will continue to coordinate project design details with FEMA, USACE, DNR, and the City of St. Louis Park to accommodate the updated 100 -year flood elevation. A no -rise certification has been approved by the City of St. Louis Park Engineering Department. Comment 1-5: In addition to the list of required permits and associated agencies provided in the EAW, an Erosion Control permit will also be required from both the City and Minnehaha Creek Watershed District. Response: Comment is noted. An erosion control permit has been approved by MCWD. An erosion control permit has been applied for through the City of St. Louis Park. Comment 1-6: A long term use and maintenance agreement for the boardwalk and trail system, the Creek itself, and other improvements as proposed must be approved by both the City and the property owner, including agreed uses on both public and private property. This would include the granting of an easement for public access to the proposed boardwalk, and access for maintenance of the Creek. The City land is designated in the Comprehensive Plan as Park and open Space, and was recently rezoned to POS (Park and Open Space). A Maintenance Declaration dated March 25, 2008 (Exhibit C to the Funding Agreement) was recently executed by PNHS, MCWD and the City and is being recorded at Hennepin County. Response: Comment is noted. The St. Louis Park City Council approved a motion to grant temporary easements for construction of the project on 12/04/07. Methodist Hospital will continue to coordinate with the City on negotiating long term use and maintenance agreement for the proposed boardwalk. Comment 1-7: Review of the boardwalk will be subject to the review of the City Building official. Response: Comment is noted. The information will be passed along to Methodist Hospital. Comment 1-8: The Plan View Sheet (2 of 6) refers to an existing utility to be located. It is unknown what this utility is specifically (or if it actually exists). This should be verified further. Response: The unknown utility shown on Plan View Sheet (2 of 6) has been identified as fiber 0 optic cable. This fiber optic cable will be relocated outside the proposed project area by others. Resolution No. 08-088 -6- 2. Comments by Jessica Ebertz, Project Manager Environmental Review and Operations Section, Minnesota Pollution Control Agency (MPCA). Letter received March 8, 2007. Comment 2-1: The MPCA has received copies of the EAW prepared for the above project, prepared by the City of St. Louis Park, Responsible Governmental Unit (RGU). The MPCA has not reviewed the EAW for this project; therefore, the MPCA has no specific comments to provide to the RGU. This decision not to review the EAW does not constitute waiver by the MPCA of any pending permits required by the MPCA. Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permit conditions. We remind the RGU that pursuant to Minn. R. 4410.1700, Subpart 5 (Environmental Quality Board Rules), a copy of the RGU's decision on this EAW needs to be sent to the MPCA. Response: The comment is noted and a copy of the City's Record of Decision (ROD) will be sent to the MPCA. 3. Comments by James B. Wisker, District Technician, Minnehaha Creek Watershed District (MCWD). Letter received March 12, 2007. Comment 3-1: After reviewing the EAW for the Methodist Hospital Creek Restoration Project it was determined that a MCWD permit would be required to complete the project. The permit will cover a host of activities regulated by District Rules. These regulations are outlined below. Response: The MCWD erosion control permit has been applied for and approved. 4. Comments by Phyllis Hanson, Local Planning Assistance Manager, Metropolitan Council. Letter received March 13, 2007. Comment 4-1: Council staff has reviewed the EAW and finds that it is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. However, staff offers the following comments for your consideration. Response: The comment is noted. Comment 4-2: Metro Transit currently has two bus stops on Excelsior Blvd., one east bound and one west bound, which serve the hospital. These are located near the creek. Easy pedestrian access should be provided from the bus stops to the main entrance. Response: The proposed project is not anticipated to affect the two bus stops along Excelsior Blvd. and will not impede pedestrian access to the main entrance of Methodist Hospital. 0 Resolution No. 08-088 -7- Comment 4-3: There is a Metropolitan Council Forcemain Interceptor (1 -SLP -470) located near this project at the intersection of Minnehaha Creek and Excelsior Blvd. (Co Road 3). To assess potential impacts to our interceptor system, prior to initiating this project, final plans should be sent to Scott Dentz, Interceptor Engineering Manager (651-602-4503) at the Metropolitan Environmental Services Division for review and comments. Response: The proposed project is not anticipated to affect the Metropolitan Council Forcemain Interceptor (1 -SLP -470) located at the intersection of Excelsior Blvd. and Minnehaha Creek. Information regarding submittal of final plans to Metropolitan Council for review and comment will be passed on to Methodist Hospital. 5. Comments by Joseph M. Kurcinka, Regional Director, Minnesota Department of Natural Resources. Letter received March 14, 2007. Comment 5-1: The Minnesota Department of Natural Resources (DNR) has reviewed the EAW prepared for the Minnehaha Creek Restoration project in the City of St. Louis Park. The DNR supports and encourages efforts to restore stream functions throughout the state and commends Park Nicollet Methodist Hospital for its willingness to restore Minnehaha Creek through the hospital property. In general, the EAW appears complete and accurate. We offer the following comments for your consideration. 410 Response: The comment is noted. Comment 5-2: The EAW does not quantify wetland impacts resulting from the construction of the channel, boardwalk, and pond in the existing wetland. This agency, along with other state and federal agencies, the watershed district, and the City will resolve wetland impact issues during review of the Section 404 permit, the public waters permit, and the Wetland Conservation Act wetland replacement plan. Response: Comment is noted. A Section 404 permit has been approved by the U.S. Army Corps of Engineers. The Public Waters and WCA permit are pending final approval of the EAW record of decision by the City of St. Louis Park. Comment 5-3: We have some concerns regarding the interpretive boardwalk proposal, particularly the plan to construct the walkway within the wetland itself. While we agree that there is value in bringing people close to nature, we need to take care that in doing so we do not create conditions in which human activity can disrupt natural processes, particularly wildlife behavior. In most cases, locating trails along wetland edges results in less encroachment and disturbance to the wetlands. We recommend that the City encourage Park Nicollet Methodist Hospital to consider moving the boardwalk and overlook out of the wetland or closer to the edge. Resolution No. 08-088 -8- Response: Comment is noted. The boardwalk portion of the project was initially envisioned by Methodist Hospital as an opportunity to provide access to nature for patients, staff, and the general public. By allowing for access into the "heart" of the wetland, the amenity will afford users, especially hospital patients, the opportunity to enjoy a natural space separate from the urban hospital environment. The boardwalk location was discussed, and based on the desire to connect the hospital facility to Louisiana Avenue and provide users a direct connection to the wetland, the proposed boardwalk alignment was selected. Since receiving this comment from the DNR, the boardwalk design changed from a floating system to a fixed system that is elevated three feet above the ordinary high water level to reduce impacts to the site. This design change was acceptable to a technical evaluation panel that met on September 28, 2007 and included two DNR representatives. CONCLUSION The written comments received do not support a need for an Environmental Impact Statement on the Proposed Project.