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Margaret Driscoll From: Pat Trudgeon Sent: Monday, October 18, 2010 10:02 AM To: *RVCouncil Cc: Chris Miller; 'Amanda Bartho !di', 'Caroline Bell Beckman' Subject: FW: Asphalt Plant Tonight's agenda Importance: High Sara Barsel pointed out a typo from my report regarding the asphalt plant. I omitted the word "not" from line 32 of the report. It should read: "...the City Attorney states that the City should not proceed with the Bituminous Roadways application until the environmental review is completed." Under staff recommendation, the City Attorney's opinion is reported correctly Sorry about the confusion. Patrick Trudgeon, AICP City of Roseville Community Development Director 2660 Civic Center Drive Roseville, MN 55113 (651) 792-7071 (651) 792-7070 (fax) pat.trudgeora.ci.roseville.mn.us wwvv.ci.roseville.mn.us From: Sara Barsel fmailto:sbarselcomcast.net], Sent: Monday, October 18, 2010 9:11 AM To: Pat Trudgeon Subject: Importance: High Pat, I am confused by the language in the agenda for this evening's City Council meeting: The City Attorney also addressed the point raised during the meeting on whether or not the City could deny the conditional use application prior to the environmental review being completed by Paige 1 of 2 the Minnesota Pollution Control Agency. The City Attorney cites a case (Allen vs, Cit of Mendota Heights, App. 2005, 694 N.W. 2d 799) which requires the environmental review process occur before the City take action on an application for a proposed development. Based on that court case. the City Attorney states that the City should proceed with the Bituminous Roadways application until the environmental review is completed. STAFF RECOMMENDATto:st As the City Attorney suggests, the City Council should not make a decision on the land request until all environmental review is completed.