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AttachmentH <br />would not receive any to fund their proposal other than for the City using it for City costs for <br />358 <br />infrastructure improvements contemplated or anticipated. <br />359 <br />Twin Lakes Master Plan as a part of the Comprehensive Plan <br />360 <br />Mayor Roe sought clarification from staff that while the Master Plan was removed as part of the 2009 <br />361 <br />Comprehensive Plan, it continued to be referenced for consideration; with specific language in regard to <br />362 <br />it remaining an official control document. <br />363 <br />Mr. Trudgeon clarified that the Twin Lakes Master Plan was referenced as an “official control” (page <br />364 <br />423, Section 4) in the 2010 Comprehensive Plan. <br />365 <br />Mayor Roe further clarified the intent of “official control” terminology related to regulating a certain <br />366 <br />area. Based on his recollection of Comprehensive Plan discussions, the intent was that a document <br />367 <br />designated as an “official control” was related to enforcement, and not carrying the same weight under <br />368 <br />State Statutes as the Zoning Code, but remaining part of the review process to determine what was or <br />369 <br />was not appropriate. <br />370 <br />Councilmember Johnson opined that he did find this language a bit of a conundrum; and sought <br />371 <br />clarification from staff of a process at the Planning Commission level several years ago in reviewing all <br />372 <br />Master Plans throughout the City to determine which were and which were not included in the <br />373 <br />Comprehensive Plan update. Councilmember Johnson questioned what the outcome for the Twin lakes <br />374 <br />Master Plan had been as a result of those discussions and decisions. <br />375 <br />Mr. Trudgeon advised that the determination was that the Twin Lakes Master Plan was not included as <br />376 <br />part of the updated Comprehensive Plan, but that it remained relevant with a limited ability to <br />377 <br />accomplish everything desired in the area. <br />378 <br />Councilmember Johnson opined that, based on that, there would appear to be a discrepancy between the <br />379 <br />Twin Lakes Master Plan, the Comprehensive Plan, and the Zoning Code. <br />380 <br />Mr. Trudgeon did not concur with that synopsis. <br />381 <br />Councilmember Johnson suggested that this appeared to put the Master Plan on a different plane than <br />382 <br />the Comprehensive Plan and Zoning Code, and if there was a discrepancy, the City was obliged to abide <br />383 <br />by the Zoning Code and Comprehensive Plan. <br />384 <br />With all due respect, Councilmember Pust opined that the term “official control” did have legal <br />385 <br />meaning, not just what the City chose to have it mean, with case law defining “official control.” If the <br />386 <br />Twin Lakes Master Plan was defined in the Comprehensive Plan as an “official control,” <br />387 <br />Councilmember Pust opined that a legal argument could be made that the Master Plan then needed to be <br />388 <br />followed. While not the Zoning Code, Councilmember Pust opined that it could not be ignored. <br />389 <br />Councilmember Pust noted that Zoning Codes and Comprehensive Plans were official controls, but was <br />390 <br />unsure if the Master Plan was in conflict with the Comprehensive Plan. <br />391 <br />Public Safety Concern/Increased Police Call Volumes <br />392 <br />Police Chief Rick Mathwig <br />393 <br />At the request of Mayor Roe to respond to public concerns about an increase in police call volume with <br />394 <br />a Wal-Mart development, Police Chief Mathwig responded, that his actual projections were for between <br />395 <br />700-900 additional calls annually, or two (2) per 24-hour period. While not able to predict the future, <br />396 <br />Chief Mathwig advised that, just based on the potential 24-hour operations for the proposed store, there <br />397 <br />would be an obvious increase in calls for service. Chief Mathwig advised that his projections were <br />398 <br />based on his research of crime rates from the Cities of Eagan, Saint Anthony and Coon Rapids when <br />399 <br />Wal-Mart stores were constructed in those communities. Chief Mathwig noted that crime statistics were <br />400 <br />Page9of14 <br /> <br />