2005-040
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2005-040
WHEREAS, J ames Parker previously submitted a proposal to the City of Hopkins to construct
an office-condominium building (the "Project") on property located at Second
Avenue South (the "Property"), and
WHEREAS, on January 18, 2005, pursuant to Resolution No. 2005-07 and Resolution No.
2005-08, the City Council of the City of Hopkins approved a site plan and
conditional use permit for the Project; and
WHEREAS, prior to the City Council approving the Project's site plan and conditional use
permit, a group of citizens (the "Petitioners") submitted a petition to the
Minnesota Environmental Quality Board ("EQB") requesting that an
Environmental Assessment Worksheet ("EA W") be required for the Project; and
WHEREAS, the City Council, pursuant to Resolution No. 2004-82, determined that an EA W
was not necessary or appropriate for the Project; and
WHEREAS, the Petitioners failed to timely appeal the City Council's decision denying the
request for an EA W, and;
WHEREAS, the City Council has received a second petition (the "Second Petitioner")
requesting that Hopkins order the completion of an EA W for the Project; and
WHEREAS, the Second Petition was submitted to Minnesota Environmental Quality Board
("EQB") after January 18, 2005; and
WHEREAS, the Project may proceed without obtaining additional governmental approvals,
and;
WHEREAS, The City Council of the City of Hopkins is the governing body legally responsible
for reviewing the EA W petition and determining whether to require an EA W, and
NOW, THEREFORE, based on all of the documents and other evidence received, the
City of Hopkins City Council makes the following
FINDINGS OF FACT
1. J ames Parker is the owner of the Property, an undeveloped parcel approximately five (5)
acres in size located on Second Avenue South.
2. Parker previously submitted a proposal to the City of Hopkins to construct the Project on
the Property.
3. The Property includes areas designated as floodplain and/or wetland and the Project, as
proposed, likely will require construction, grading or disturbance on some portion of the
areas designated as floodplain and/or wetland.
4. On September 10, 2004, the Petitioners submitted a petition to the EQB requesting that
an EA W be ordered for the Project. Pursuant to Minnesota law, the EQB forwarded the
petition to the City of Hopkins, which is designated by law as the governing body
responsible for determining whether to order an EA W.
5. The City Council directed that all information regarding the need for an EA W on the
Project be submitted for consideration not later than October 4,2004.
6. The City Council received from Parker and the Petitioners submissions in opposition to
and in support of the request for an EA W.
7. The City of Hopkins retained Chris Meehan of Wenck Associates, Inc. to review all
information submitted regarding the Project. The City Council received a written report
from Meehan dated October 7,2004.
8. On October 12, 2004, the City Council met to review the information submitted by
Petitioners, Parker and Meehan. Meehan appeared and discussed the information
submitted and his report. Mr. Meehan also attended the October 19, 2004, City Council
meeting and again reviewed this information with City Council members.
9. The City Council, at its October 19, 2004, meeting, also received public comments and
presentations from representatives of the Petitioners.
10. The City Council, at its October 19, 2004, meeting, determined that an EA W was not
necessary or appropriate for the Project and rejected Petitioner's request for an EA W.
11. Petitioners failed to timely file an appeal of the City Council decision denying the EA W.
12. On January 18, 2005, the City Council, pursuant to Resolution No. 2005-07 and
Resolution No. 2005-08, approved the Project site plan and conditional use permit.
13. On or about March 23, 2005, the City of Hopkins received from the EQB a second
petition seeking an EA W for the Project.
14. Minn. Rule 4410.4600, Subd. 2b exempts any project from the requirement for an EA W
if"no further governmental approvals are necessary for the project at the time the petition
is filed."
15. The Project received its final approval on January 18, 2005, pursuant to Resolution No.
2005-07 and Resolution No. 05-08.
16. No further governmental approvals are necessary for the Project to proceed.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby determines that, based on its Findings of Fact:
1. The Project is exempt from EAW review.
2. The petition for an EA W is denied.
Adopted by the City Council of the City of Hopkins this 19th day of April, 2005.
BY~~~
Gene Maxwell, Mayor