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• • <br />Staff engaged in misleading behavior when they asked me to utilize the previous, and <br />current draft, AUAR only to later disclose that none of the data can be used according to <br />Minnesota Statute. In fact Staff should have advised me, at first meeting, that the AUAR <br />was no longer valid. State Statute is clear on in inability to rely on an AUAR that is no <br />longer valid which is the case here. <br />I asked Staff to reference the MN Statute or City Code supporting each requirement <br />representation made by them but they have provided none. I arranged for my architect to <br />meet with theirs, as per their previous request, and arranged for the 24th of this month <br />but have had no reply to that offer. I openly challenge Staff's authority to extend, under <br />Minnesota Statute 15.99, the application for an additional 60 days in the absence of a <br />Planning Commission or City Council decision. I have asked them to verify if the 60 day <br />clock is running or on hold but have not been provided with their opinion. <br />I plan to request my application be presented to the Planning Commission with the comments <br />I am currently preparing. Staff has already stated they plan to recommend denial of the <br />application which, if happens, will leave me with few options but to seek approval from <br />the City Council. <br />Thank you for your attention to this matter and I welcome any assistance or guidance you <br />may provide. <br />Yours truly, <br />John Livingston <br />Cent Ventures <br />612-272-1246 <br />2 <br />