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Regular City Council Meeting Monday, August 13, 2007 Page 30 the legislature was anticipating that would require and EAW, and in fact prohibited that sort of assessment in those contexts. Councilmember Roe offered, and Mayor Klausing accepted, a friendly amendment to the resolution. Revised Motion Language Klausing moved, Pust seconded, adoption of Resolution No. 10540 entitled, "A Resolution DENYING the Citizen Petition for an Envi- ronmental Assessment Worksheet (EAW) for the Art Mueller Subdi- vision Plat of Oak Acres, 2201 Acorn Road (PF07-039);" amended as follows: Page 1, 3`d "WHEREAS: "WHEREAS, Minnesota Rules 4410.[1100] set forth the procedures to be fol- lowed in making a decision on the Citizen Petition; and" Page 2, "NOW THEREFORE BE IT RESOLVED..." a) Minnesota Rules ^"'~~ [4410.4600] (Exemptions), subpart 12 (Resi- dential Developments) A. (3) EXEMPTS residential developments less than 40 units in a second class city; [no part of which is within ashore- land area, delineated flood plain, state or federally designated wild and scenic river district, the Minnesota River Project area, or the Mis- sissippi headwaters area is exempt]. City Attorney Anderson clarified that the only issue before the City Council tonight was whether this petition for an EAW should be granted, or denied as recommended by staff. Mayor Klausing, when asked by Councilmember Kough, noted that the developer had yet to submit a Site Plan; but noted that there could be no net increase to runoff and that any additional water needed to be controlled on site based on the developer's engineering study, and re- view and approval/denial by the City's engineer. Councilmember Ihlan expressed her disappointment in not receiving a copy of the citizen petition until this afternoon, after she'd asked for a copy. Councilmember Ihlan opined that she didn't believe it was clear if this was an exempt project and needed additional time to re- view it before City Council action.