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Page 2 of 3 <br />. • • • <br />L::t's connect on Monday to discuss. We'll also have Mike Darrow, our <br />new Interim Comm. Dev. Director available. <br />-----Original Message----- <br />From: ]ohn Livingston [mailto:livingston@cognoscente.biz] <br />Sent: Tuesday, July 24, 2007 3:31 PM <br />To: Bill Malinen <br />Cc: Robert Hajek <br />Subject: 2700 Cleveland Avenue <br />Bill, <br />Upon advisement of my team I want to make you aware of a couple of <br />things: <br />First. The question form was delivered to staff as per their request and <br />the Minnesota Rules allow only 30 days for the RGU to accept or <br />determine what is not accurate or complete and return it to us. You <br />don't have much time lef�. <br />Second. It has always been our position that we are not required to <br />submit to an EAW because the Minnesota Rules exclude us. Please find <br />below the section of the rules dealing with your class city and the <br />specific subsection relating to the size project. <br />Therefore I continue to contend that for staff to request an EAW is <br />improper since the project is by Minnesota Rules excluded. At this point <br />we are taking that rule under advisement but will continue to <br />participate with all proper requests. I encourage you, as City Manager, <br />to revisit this and give staff the corrective guidance. We believe the <br />appropriate guidance would be for them to review the information <br />provided and make their own determination without delay or involvement <br />of the EQB. At the very least we expect to continue with the PUD <br />agreement that will ultimately be necessary upon the completion of the <br />now requested EAW. <br />Minnesota Rules, Table of Chapters <br /><http:�/www. revisor.leg.state.mn. us/arule/index.numeric.html> <br />Table of contents for Chapter 4410 <br /><http://www.revi_so_r.leg.st_ate.mn.us/arule/4410> <br />4410.4600 EXEMPTIONS. <br />Subpart 1. Scope of exemption. Projects within subparts 2 <br />and 27 are exempt from parts 4410.0200 <br /><http;//www.revisor._leg.state.mn.us/arule/4410/0200.h_tml> to 4410.6500 <br /><http:/�,revisor.le�c.state.mn.us_arule 4410 6500.html> . Projects <br />within subparts 3 to 25 are exempt from parts 4410.0200 <br /><http:/1www.revisorJeg.state.mn.us aruleJ4410 0200.html> to <br />4410.6500 <htt�://www.revisor.leg.state.mn.us/arule�4410/6500.html> , <br />unless they have characteristics which meet or exceed <br />any of the thresholds specified in part 4410.4300 <br /><�_/�/www.revisor.leg.state.mn.us/arule/4410/4300.html> or 4410.4400 <br /><http�Jwww.revisor.leg.state.mn.us/arule 4410 4400.html> . <br />07/31 /2007 <br />