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CC_Minutes_2010_1018
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11/2/2010 9:44:50 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
10/18/2010
Meeting Type
Regular
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15.99 subd. 2 (2004). Upon a citizens' petition for environmental review of appellants' <br /> project, the city tolled the running of the automatic approval period. Because the city <br /> and district court correctly interpreted an express exception in section 15.99 to allow <br /> for tolling of the deadline for agency action on the applications pending the <br /> environmental review process under the Minnesota Environmental Policy Act, we <br /> affirm. The city's motion to supplement the record is granted. <br /> DECISION <br /> Because a citizens' petition for an environmental- assessment worksheet under <br /> Minnesota's Environmental Policy Act initiated a process that must occur before <br /> agency action on a written request under Minn. Stat. 15.99, subd. 2 (2004), and that <br /> made it impossible to act within 60 days, the 60 -day deadline of section 15.99 is <br /> extended by subdivision 3(d) to 60 days after completion of the last environmental <br /> review process required by MEPA. <br /> Affirmed; motion granted. <br /> I believe the passage quoted by Counsel in his letter of 10/14/10 regarding this cited case, <br /> that the Minnesota Environmental Policies Act requires an environmental review <br /> process to occur before a City acts on a written request for action on a proposed <br /> development. The Court referenced the need for a governmental entity to consider <br /> economic, technical and environmental considerations before reaching a decision on <br /> matters before it which involve environmental review. <br /> has many interpretations, but nowhere does it state that all the environmental review be completed <br /> before a project is denied. The remarks, not in the opinion, could have been a reminder to Mendota <br /> Heights, whose initial approvals were granted before the Citizen's Petition came forward, that they, like <br /> Roseville, should always consider these important issues before reaching a decision. Roseville now has <br /> more than sufficient information, economic, technical, and environmental, from our EAW process and <br /> its 167 comments to make a well argued and defensible denial, especially when supported by Counsel's <br /> previous finding regarding the project's inability to meet either the Roseville's CUP criteria or industrial <br /> performance standards. <br /> Therefore, I again and respectfully ask that the Council deny the permit now based on our own code in <br /> place at the time of the initial application, the many substantive questions raised in the 167 published <br /> comments on the EAW, and the finding by Counsel regarding this project's failure to meet our existing <br /> code requirements. (Letter of October 14, 2010) <br /> E -Mail from Gregg Downing Attached <br />
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