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FROM :LAW OFFICES FRX N0. :651-636-9600 May. 19 2004 01:18PM P3 Neal Beets, City Manager �.'Ia�- 19,2004 Page two A review of tl�e May l0 City Council meeting clearly shows that the stated reason9 for denial of the Albet�tson request for a minor subdivision are legally i.nsuf�icicnt, Like it or not, the City Council can not choose to simply ignore its lawful obligationto apply the facts a� a,�artie�tlar application to the zoning code. As pointed out by both Mr. Paschke �� City Attorney Anderson, all the requirements set forth in Lhe existing zoning code for a minor subdivision are met in the A,Ibertson request. It was neither the time nor the placc for the Council to attempt to create new policy for minor subdivisions already expressed in the zoning �rdinance, Councilmet�bcr Ihlan.'s staiement th.at q]le was "rebelling" against a lack of discretion ulld�' the ordinance i:q, �n its face, an arbitrary arzd capricious reason for denial. I trust that Mayor Klausing will make clew to his oolleagues a� to the public tl�at the Council, in deciding the merits of this npplication, is �eting within the limits o f i ts quasi judicial role �.t�d not in ifis much broader Icgislafive/public policy role. As a quasi judicial body, the City Council has a legal obligation to obey and strictly abide by the laws it creates. Additional comment �+nd discussion by tkie Council and the public, in my opinion, should be limited to d1e merits of this application for a minor subdivision under the zoning code as it currently exists. It would qerve no useful purpose to rehash the lengthy discussion and comment which was heard at the M�� 10 meeting. Under norma! eircum�tances minor subdivision requests arc placed on t�� Council's Consent Agenda and dealt witlz �,e o�h�r administrativ�-type �ction items. The Albertsons have been good citz7.e.n9 of Roseville �e� kind ncighbo�s i.n their community for over 40 years. They raised tlieir five children at 3103 Asb�t�y St�eot. The Albertsons arc hoping to move into a new hom.e at ApplEwood �'oi.nte, In all likelihood a yaung family w.i.kh small children. will purchase the Albertson home and another young family with stnall children. will build a new home on the proposed lot. This is precisely what the city hoped would happen when it went forw�.rd with Applewood PointE project, I amn happy to spe�k iurtl�er with you, the City At�fiorney or ftny ma�iber of the City Council pr��r to next Monday's Council meeting. P1ea�se do not hesitate to call if you have �r�� qt�estions or concerns. Thank you, S�r�c� Daniel G, Wall cc: Vernon � Irene Albertson