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62990.3 <br />TO: Mayor and City Council <br />FROM: Mark E. Bernhardson, City Administrator ------------ <br />DATE: July 5, 1990 <br />SUBJECT: Additional Comments Regarding LMCD Public Review Draft <br />INTRODUCTION - The City feels that its previous comments remain <br />appropriati~to the plan and that they should be addressed by the <br />committee and in the document. Additional comments include the <br />following areas: <br />Clarity of Plan - The plan and its intent must be clear <br />and un'am'biguous on its face. It should not be a plan <br />that recuires participation in the process in order to <br />understand or one that leads to multiple <br />interpretations. The consultant may feel that the <br />background of the work sessions and previous drafts <br />would lend clarification to that. A plan however that <br />is going to exist for even 10-11 years, long past the <br />corporate recollection and memory of those who developed <br />it, must be clear to the "unintiated reader". If it is <br />not, it can have substantially different <br />interoretat ions. One of those ambiguities not <br />abundantly clear in the plan and raised by several of <br />the cities both at this review stage and at the previous <br />review stage, e tailed the LMCD's review and comment <br />"authority”. It was news to many of us, including <br />people who had been participants in the plan, that the <br />review and comment authority was strictly a voluntary <br />undertaking which each city could choose to undertake or <br />reject. While a reading of the plan with that <br />information can lead one to that conclusion, it was not <br />abundantly clear from the plan. <br />LMCD Authority - While the City may have previously <br />7aised the issue of the authority of LMCD to plan, its <br />written support and LMCD's authority in its public <br />comments. It may still however, challenge the <br />appropriateness of implementing some of those <br />objectives . <br />Metro Council Authority and Plan Review - ! iile the <br />ETHiTltant may dismiss this as irrelevant, this issue is <br />very central to the plan review process and authority or <br />LMCD. (I do not feel that the statute cite given in the <br />Plan correctly gives Metro Council authority in the <br />matter. It may, in fact, have authority but such would <br />be under 473.165.) This issue is key for the City and <br />should be for LMCD, not only as it relates to the <br />present review of plan and what changes Metro Council <br />can require be made in the plan, but also future changes <br />in the plan and what changes by LMCD would be subject to