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h. The applicants shall obtain the written certification from the Public Works Director 60 described in Section 1102.06 of the Roseville City Code. This certification pertains to 61 requirements that all grading, public improvements, etc. meet City requirements. The 62 Public Works Director’s signature on this report represents his certification that all 63 such plans are being developed consistent with pertinent requirements. 64 i. The City Council, acting as the Board of Adjustments and Appeals, shall determine 65 whether the proposed use for the property is a permitted use. No building permits 66 shall be issued for any use of the property which is not a permitted use. This item is 67 complete, with the City Council, acting as the Board of Adjustments and Appeals, 68 finding that Community Development Department staff properly determined that the 69 proposed use for the property is a permitted use under the zoning code. Because the 70 decision of the Board of Adjustments and Appeals may also be legally challenged, it 71 remains true that building permits will not be issued for the proposed use if that use 72 is determined by an appellate court to be prohibited. 73 j. No building permits shall be issued for any use of the property until the conclusion of 74 the appellate matter captioned as “In the Matter of the Petition for an Environmental 75 Assessment Worksheet for a Proposed Wal-Mart Store in Roseville, Ramsey County, 76 Minnesota” (Writ of Certiorari dated June 21, 2012). This remains incomplete 77 pending the Court’s decision. Moreover, after thinking further about this 78 recommended condition, the City Attorney has some concern that such a condition 79 might give rise to additional law suits, filed solely to delay the project. Striking such 80 a condition may reduce such filings and Wal-Mart would still be required to perform 81 any additional environmental review determined by the Court to be necessary even if 82 building permits had been issued and construction had begun. 83 k. Wal-Mart Real Estate Business Trust shall agree to waive the requirements of MN 84 Statutes, Section 462.358, Subd. 3.c regarding municipal prohibition on amendments 85 to a Comprehensive Plan or official control. This remains incomplete, and a letter 86 from the law firm of Fredrikson & Byron (included with this staff report as 87 Attachment E) indicates that Wal-Mart does not believe that such a condition is 88 within the City Council’s authority to impose. Since this condition was explicitly 89 intended to apply only to the approval, however, it becomes moot PRELIMINARY PLAT 90 upon the approval of the ; for this reason, it does not appear among the FINAL PLAT 91 recommended conditions of approval. FINAL PLAT 92 l. Wal-Mart Real Estate Business Trust shall agree to enter into a Development 93 Agreement satisfactory to the City, which includes a provision that for one (1) year, 94 Wal-Mart will pay for any law enforcement costs associated with services provided to 95 their operations in excess of a base line of three hundred (300) calls per annum; with 96 a review of that data after one (1) year) for any potential adjustment. This remains 97 incomplete, and Police Chief Mathwig has expressed interest in an alternative 98 condition which would be more proactive and collaborative in preventing crime 99 rather than reactive and punitive. The idea would be create a security 100 plan/agreement with Wal-Mart identifying and incorporating on-site technology, 101 personnel, and practices to improve security, minimize losses, and better 102 communicate with the Police Department. 103 PF12-001_RCA_072312 Page 3 of 7