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