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LAKE ELMO CITY COUNCIL MINUTES MARCH 7, 1989 PAGE 4 Councilman Graves referred to the minutes where the PZ recommended areas, excluding this area, be rezoned from Rl to RR. It was his belief that the intent of the PZ and CC was that the area being discussed for potential rezoning (Peltier), was to have this area left as future Rl zoned aera. It was his contention that there was a typographical error or mistake in the way the resolution was drafted. The Resolution is in force, as written, even though there was a mistake, but it would be easy to show it was invalid, and the intent of the PZ and Council at the time was otherwise. Hunt asked what action could the Met Council bring against the City for going against the accepted Comp Plan. Adm. Morrison responded that Pat Paul has stated that the Met Council has no jurisdiction on zoning. Councilman Moe believed, being on the PZ at the time, this area was to be R1 and not left in RR zoning, and based on what happened in the past, this is setting the City up for a lawsuit if denied. Hunt stated the land is currently zoned for Residential, an upgrade from one residential class to another is based on number of factors. If. the findings were to be against that based on a finding, not entirely devoid from this Resolution, would this be setting us up for litigation, as long as the reasoning is sound in terms of being consistent with the requirements for rezoning. Carlson responded, it would put the City in a stronger position. Mike Mazzara: He was on the Council at" the time the resolution was passed. He remembered there were very large areas of R-1 zoning at the time, area between 20th St. and 30th St. were R1 at the time, and the intention was to infill the area. Arlyn Christ: He was on the Council when the three parcels were brought in and he voted in favor of rezoning these parcels. He looked at the requests as being reasonable, the land was contiguous to existing R-1 zoning and appropriate to rezone for residential housing. It was not based on previous Council's recommendation for zoning, but on the existing Council's perception of what was the appropriate use of the land. Dick Johnson: He was on the Council at the time when these rezonings occurred. This resolution was not brought before them, if it had, it would have influenced his decision at the time. Councilmen Graves and Moe clarified, according to August 8, 1983 PZ minutes, page 3, and CC minutes 8-16-83 (See Exhibit A & B), the idea was several parcels of land in addition to areas that the PZ had designated on August 8th were left, including areas that have potential for rezoning to Rl, that the zoning not be changed to RR and Resolution 83-56 seems to be in variance with those reommendations and stated intentions of the City Council.