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member DeLapp stated we would have to give ourselves a variance if we built an addition to the existing City Hall. The trailer for the Building Dept. will not be gone by October 1, 2003 unless some other actions are taken by the City. M/S/P DeLapp/Siedow — to direct the Planning Commission to come back with a recommendation for a new site for City Hall, to include the village study area in conjunction with the reuse of the existing building for the City's benefit as a community center or senior center. (Motion passed 4-0:Council member Armstrong asked that the Facilities Committee not write off this facility as the City Hall.). B. Lake Elmo Comprehensive Plan — Metropolitan Council Planner Dillerud provided background information. He said the issue has several parts. (A) We have 60 days to decide if we appeal Met Council decision. (B.) We have to decide if we appeal and how do we deal with an appeal process. (C.) We have to determine how to deal with applicants for land development activity until which time this matter is resolved. Attorney Filla summarized the City's options in his memo of September 17`h. In the interim, the City would process applications based on the existing 1997 comp plan. This could have an affect with the number of applications for development. Mayor Hunt stated if we decide to fight this we would need a land use attorney. This would send a message about how serious we are. He asked Planner Dillerud, with the input from Attorney Filla, for a list of specialized land use attorneys. Mayor Hunt explained this will be fought in a court of public opinion. The issue is self-determination. We want our elected officials to make our decision. M/S/P DeLapp/Hunt — to direct the City staff, planner and city attorney to bring the Council a recommendation list of specialized land use attorneys. (Motion passed 4-0.) Council member Siedow commented that he was saddened we had to talk attorneys. He thought there was a middle ground, but he will stick with the view of the Council and staff. State Representative Eric Lipman: He stated Office of Administration Hearings is a good one and urged the Council to seriously consider this. It's fair and open to the public. The public would be able to participate in the process. It's a legitimate, helpful process. The equities are clearly on our side. He thought the Met Council is far a field the Metropolitan Land Use Planning Act. There is no doubt what they are doing is illegal. The Open Space ordinance is a carefully crafted ordinance developed over many years to preserve the rural view sheds. The Met Council view is that sewer may go here. We are going to pave our green space with asphalt, and we are supposed to be saving our view shed and green space for future urbanization. This is a bizarre concept of conservation. It is a direct attack on the things we have built in this community. Beyond housing, there is an issue of the law, and they LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002