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i <br />4.0 STAFF COMMENT: <br />. <br />4. I Minnesota Rules 4410.4600 (Exemptions) lists what project/situations are exempt to <br />certain requirements of environmental review. Under 4410.4600, if a project is listed as <br />exempt, it is then exempt from complying with sections 4410.0200 thru 4410.6500. The <br />citizen petition process regarding environmental review is described and regulated in <br />section 4410.1100. Therefore, if a project/situation is determined to be exempt under <br />4410.4600, it will then be exempt from environmental review under a citizen petition. <br />4.2 Minnesota Rules 4410.4600(2)(E) classifies several types of projects that are exempt <br />from environmental review. Subpart E list exemptions for ` projects for which <br />environmental review has already been completed or for which environmental review is <br />being conducted pursuant to part 4410.3600 of 4411.3700 ". <br />4.3 On October I5, 2007, the City Council adopted the Twin Lakes Business Park Final <br />AUAR Update in compliance with Minnesota Rules 4410.3600 (Alternative Review). <br />4.4 As Applewood Pointe development is located on property that was previously studied as <br />part of the Twin Lakes Business Park Final AUAR Update, it is exempt from further <br />review as stated in 4410.4600(2)(E). <br />4.5 Staff talked to Jon Larsen of the Environmental Quality Board to determine what being <br />"exempt" meant as it relates to possible City action regarding the petition. Mr. Larsen <br />stated that if a project is "exempY' under the rules, the City cannot require additional <br />review. The proper action, therefore, it to adopt a resolution stating that the project is <br />exempt and deny the petition on that basis. The City Attorney's agree with this <br />interpretation <br />5.0 STAFF RECOMMENDATION: <br />5.1 The Community Development Department requests that the Roseville City Council deny <br />the petition for an EAW for the Applewood Pointe development due to the fact that it is <br />exempt under Minnesota Rules 4410.4600(2)(E) <br />6.0 SUGGESTED ACTION: <br />6.1 ADOPT a RESOLUTION DENYING the CITIZEN PETITION for an EAW on the <br />Applewood Pointe development due to the fact that it is exempt under Minnesota Rules <br />4410.4600(2)(E). <br />Prepared by: Patrick Trudgeon, Community Development Director, (651) 792-7071 <br />RCA 082508.doc <br />Page 2 of 3 <br />