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City Council Regular Meeting - 08/09/04 <br />Minutes -Page 11 <br />1) By changing a supplement such as the site-specific <br />Master Plan, is the City actually changing the <br />Comprehensive Plan? and <br />2) Is there a difference between the Council vote <br />necessary for an amendment to the Comprehensive <br />Plan and a supplement or appendix to the Twin <br />Lakes master Plan? <br />Mr. Anderson reviewed his review of past Council votes <br />prior to his office being appointed City Attorney; and <br />summarized the opinion; concluding that a supplement or <br />amendment to asite-specific Master Plan such as the Twin <br />Lakes Master Plan, was not a change to the City's <br />Comprehensive Plan. Further concluding that such a <br />change to the Master Plan could occur through a simple <br />majority vote of the governing body pursuant tot he <br />appropriate motion and resolution. <br />Discussion ensued between City Attorney Anderson and <br />Councilmembers as to comparisons to the McCarron's <br />action taken earlier this evening; zoning ordinance <br />language and general policy statements of the City Council <br />and their consistencies or lack thereof when land use <br />decisions are considered in a Court of Law; interpretation <br />of definitions in the zoning ordinance of "Limited Retail" <br />and "Mixed Use Business Parks;" original visions and <br />guides changing due to circumstances; <br />Councilmember Kough opined that the Comprehensive <br />Plan was a goal or a vision; that previously-elected City <br />Council's had established limited retail, apparently <br />intending no "big box;" and requiring a drastic change from <br />the original intent. <br />Al Sands, 2612 Aldine <br />Mr. Sands spoke to Resolution No. 9904, dated September <br />26, 2001, defining a "Business Park." <br />6.b Environmental Clean-Up Requirements Environmental <br />Community Development Director Dennis Welsch Clean-up <br />summarized a letter from the MPCA dated August 9, 2004, Requirements <br />