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2.6 The Court of Appeals' ruling has resulted in a great deal of uncertainty among staff regarding the appropriate Comprehensive Plan designation for the area. Staff is uncertain whether to rely upon the "BP —Business Park" planning designationthat is thoroughly described in the text of the Comprehensive Plan, or a more use-specific and geographically delineated mix of uses that were contained in the 2001 Conceptual Master Plan but not thoroughly described in the ComprehensivePlan. 2.7 The Metropolitan Council (the body which formally approves Comprehensive Plans in the metropolitan area), when approving the 2001 Comprehensive Plan amendment simply stated that the Council approved an amendment of Roseville's Comprehensive Plan "from business and industrial to a new designation of Business Pa.rk" without malcing any reference to the 2001 Master Plan. 2.8 On August 21,2006, the Roseville City Council adopted a motion to appeal the Court of Appeals ruling to the Minnesota Supreme Court. In the event that the Minnesota Supreme Court accepts the petition for review, it could be ten to twelve months before the final ruling would be issued. 2.9 A delay in the redevelopment project of up to one year might result in a number of issues that would be negative for the City, the Developer or both. Among the negative delays of simply waiting for a decision from the Minnesota Supreme Court include legal and financial exposures associated with the City's quicic-talce condemnation activities in the area (relocation claims, loss of going concern claims, damages, etc.). 2.10 The Developer has communicated to staff their interest in seelcing land-use approvals for a developmentthat would be allowable under the "BP — Business Park" planning designation. Among the land-use approvals that the Developer may seelc in such an action would be a regulatory environmental review (either an updated AUAR or a new EAW/ETS} and a rezoning to a Planned Unit Development (PUD). 2.11 The Developer, or any party with an ownership interest in the Twin Lalces area, is legally entitled to submit an application for land-use approvals. In many cases (notably a rezoning) the City must consider this application within 60-days following such application or the application is summarily granted. 2.12 Due to the potential negative impacts of waiting for a decision from the Minnesota Supreme Court and the potential need to respond to a land-use application by the developer, staff is recommending that the City Council consider a number of policy-level options that could be implemented within a number of weelcs or months. The options being recommended for considerationby staff are as follows: a. Adopt the modified master plan (the 2005 Master Plan) into the approved master plan (the 2001 Master Plan) andJpr the Comprehensive Plan. 091106 Twin Lakes Options ACA.dnc.doc Page 2 of 4