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� <br />• <br />TWIN LAKES AUAR "UPDATE"ATTACHMENT <br />JULY 16, 2007 <br />BY AL SANDS <br />Note 1: Nature of the Twin Lakes Master Plan. <br />By going back to the Council packet dated Jan. 8, 2001 and Planning File 3232, <br />you can see that the Planning Commission recommended at that time a mix of options <br />2 and 3 as discussed in Map 3, and attached a map accordingly. That became scenario l. <br />Then, on June 26, 2001, Council approved the "Twin Lakes Master Plan", as amended, <br />by limitin� it to scenario 1, and excludin�e optional Scenario la (bi� box retail on <br />parcels 6& 7)_ The 6/26/O1 Cuuncil packet excluded Map 3 from it's master plan <br />attachment. Council then included this exclusive land use plan identified as scenario 1 in <br />pages 9-11 of the Twin Lakes Master Plan. All this was done on the recommendation of <br />the then development director, Dennis Welsch, that the council should pick one or the <br />other scenario, not both. Review the Council packet for June 26, 2001 for verification. <br />Finally, in the Council packet for June 20,2005, there is a map labeled Twin Lakes <br />Master Plan consistent with the AUAR scenario 1, indicating previous staff deemed <br />scenario 1 THE land use master plan. I understand that all of this information is still on <br />the Ciy's web site and readily verifiable if you'll only take the time to do so. <br />Note 2: Legal Commentary emanating from the Appeals Courts adverse decision. <br />Mr. Paul D. Reuvers, in his Sept. 11, 2006 petition to the Minnesota Supreme <br />Court to reverse the Appeals Court stated that the Appeals Court decision: <br />"Requires a city to study the environment impacts of a phase of development <br />within the total AUAR azea, as opposed to the entire AUAR azea. Therefore, when a <br />sub-development is proposed within the AUAR area, the development of that azea must <br />be studied in relation to those same identical sub azeas, or parcels, in the AUAR." <br />(Note: That explains staf�s regrouping 8 sub areas into only 3. Downsizing the sub <br />areas will only create more problems if it turns out the areas will be developed <br />incrementally, and not all at once within the three lazge new areas) <br />"It takes away the flexibility of preparing an AUAR and effectively requires and <br />EAW//EIS for development projects." <br />Additionally, Mr. Squires and Mr. Scott Anderson, in a footnote on page three of <br />their letter to the Council dated October 4, 2006 said, "the city may wish to reconsider <br />whether it wishes to do an AUAR at all. It may be more preferential to wait for specific <br />proposal, and then use the specific EAW/EIS process instead of an AUAR. <br />Staff and Council are dangerously ignoring these legal opinions. <br />3 <br />