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2012_0423_Packet
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2012_0423_Packet
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10/12/2012 3:06:58 PM
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4/19/2012 4:13:11 PM
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REQUEST FOR COUNCIL ACTION <br /> DATE: 4/23/2012 <br /> ITEM NO: 7.j <br />Department Approval City Manager Approval <br />Item Description: Consider an extension of the time limit to make a decision regarding the <br />citizens’ petition for an Environmental Assessment Worksheet for the <br />proposed Wal-Mart store at County Road C and Cleveland Ave <br />. <br />1.0RA <br />EQUESTEDCTION <br />1 <br />A citizens’ petition for an Environmental Assessment Worksheet (EAW) for the <br />2 <br />proposed Wal-Mart store at County Road C and Cleveland Avenue has been submitted to <br />3 <br />the Minnesota Environmental Quality Board (EQB). Once the EQB determines that a <br />4 <br />citizens’ petition has been property submitted, EQB rules require the responsible <br />5 <br />governmental unit (RGU—the City of Roseville, in this case) to decide within 15 <br />6 <br />business days whether an EAW is needed as a result of such a petition, but allows an <br />7 <br />RGU body, like the City Council to grant itself an additional 15 business days to better <br />8 <br />accommodate the body’s meeting schedule. Community Development staff is <br />9 <br />recommending that the City Council grant itself the additional 15 business days to make <br />10 <br />a decision about the necessity of an EAW in light of the citizens’ petition. <br />11 <br />2.0ET <br />XPECTED IMELINE <br />12 <br />2.1At the time this RCA was prepared on April 18, 2012, the EQB had not yet confirmed <br />13 <br />receipt of the citizens’ petition, but Community Development staff anticipates that the <br />14 <br />petition will be received and determined to have been properly submitted by Friday, <br />15 <br />April 20, 2012. If this is the case, the Roseville City Council will have until the close of <br />16 <br />rd <br />business on May 11, 2012 to decide whether an EAW is needed. Because April 23 is the <br />17 <br />th <br />only City Council meeting date before May 11 and City staff has not had adequate time <br />18 <br />to review the application and opine about whether an EAW is necessary, staff believes <br />19 <br />that securing the additional 15 business days—expiring June 4, 2012—is prudent. Based <br />20 <br />on the date on which the EQB makes its determination about whether the citizens’ <br />21 <br />petition was properly submitted, the 30-business-day timeline may expire somewhat <br />22 <br />th <br />earlier or later than June 4, but this is a reasonable estimate for the time being; City staff <br />23 <br />will keep the City Council apprised of the actual timeline once it has been firmly <br />24 <br />established. <br />25 <br />2.2The submission of the citizens’ petition effectively stops the City from taking action on <br />26 <br />Wal-Mart’s current preliminary plat application until a decision is made about the <br />27 <br />necessity of an EAW. If the EQB determines on April 20, 2012 that the citizens’ petition <br />28 <br />was properly submitted, 106 days will have expired of the 120 days that MN Statute <br />29 <br />462.358 allows for the approval or denial of a preliminary plat application. Once the City <br />30 <br />Council has made its decision regarding the necessity of an EAW, the preliminary plat <br />31 <br />application would have to be approved or denied within another 14 days (if an EAW is <br />32 <br />determined not to be necessary) or within 14 days of the completion of an EAW if an <br />33 <br />PF12-001_RCA_EAW_042312 <br />Page 1 of 2 <br /> <br />
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