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<br />Frar: esands2012 a~"}aal.aam <br />Tc~: city.cauncil@ci.raseville.mn.us <br />Dc: bill.malinen@ci.raseville.mn.us <br />Subject: Item 12e an the agenda: Approving the AUAR process <br />Date: Mon, 23 Jul 2007 2:36 pm <br />1. The AUAR shoudn't be sent to agencies until after public comment has been received and incorporated into it. <br />2. It will be impossible for Council to declare this AUAR update as "complete and accurate" at any time becaus of the disconnect <br />between the real Twin Lakes Comprehensive Plan, as amended by Council on 6/26/01, and the Fantasy Twin Lakes <br />Comprehensive Plan as declared in this AUAR. Enclosed are: <br />A. Excerpts from the Friends of Turin Lakes vs. Ciy of Roseville Appeals Courts Decision ruling that the master plan approved <br />6/2fi/01 is an amendment to the Twin Lakes Comprehensive Plan and made by Council and integral part of the Twin Lakes <br />Comprehensive Plan, as was also the 2801 AUAR. <br />B. My commentary explaining the difference between the real Twin Lakes Master Plan, and the strange claims made that the <br />three scenarios in the AUAR update are consistent with the Twin Lakes Master Plan. They are nat consistent with the comp plan. <br />EXCERPT FROM THE STATE OF MINNESOTA COURT OF APPEALS OPINION <br />FRIENDS OF TWIN LAKES VS. CITY OF ROSEVILLE ET AL <br />FILED AUGUST 10, 2006 <br />COMPREHENSIVE PLAN AMENDMENT <br />...THE CITY RELIED ON AN ATTOA:NEY'S OPINION THAT A MASTER PLAN IS <br />"NOTHING MORE THAN A CONTRACT, OR COULD BE LOOI~:ED AT AS A SITE <br />SPECIFIC `OFFICIAL CONTROL' ti'VHICH GOVEI~:NS DEVELOPMENT IN THE AR.EA.... <br />[AND] IT IS NOT A PART OF A COMPREHENSIVE PLAN". BUT THIS IGNORES THE <br />FACT THAT THE CITY MADE THE MASTER PLAN A PART OF ITS COMPREHENSIVE <br />PLAN BY AMENDMENT. <br />A "COMPREHENSIVE PLAN" IS DEFINED BY STATUTE AS "THE <br />COMPREHENSIVE PLAN OF EACH LOCAL GOVEF:NMENTAL UNIT DESCRIBED IN <br />SECTIONS 473.858 TO 473.862, AND ANYAIVIEN~MENTS' T® THE PLAN. " MINN. STATE <br />S 473.852, SUB. 5 (2004) (EMPHASIS ADDED). NO ONE DISPUTES THAT HERE THE <br />MASTER PLAN IS AN AMENDMENT TO THE CITY' S COMPREHENSIVE PLAN. <br />THEREFORE, THE MASTER PLAN IS WITHIN THE STATUTORY DEFINITION OF A <br />"COMPREHENSIVE PLAN" <br />~'c~xxxxx~'cxxx~~ks~x~c*~~~c~xx~cxxxxxx~'c~F~xx~'cxxxxx~'exx~rxx <br />'~ttp://webmail.aol.com/28518/aol/en-us/Mail/PrintMessage.aspx 7123/2007 <br />