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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 10, 1991 4 C. Trail Head Development Jerry Filla advised the Council the District Court granted a Default Judgement. The District Court's order directs the City to grant a rezoning of property from RR to RE based upon the Courts determination that what the city did in this case in denying the request was unreasonable. This puts the City in a position of having to consider an Ordinance which effectuates the rezoning. If the applicant for Stonegate is ready with the preliminary plat, this item could be on the September 17th Council agenda. Mayor Johnson explained he filed a Motion to vacate the Default Judgement on behalf of the Mayor of the City of Lake Elmo and on behalf of the citizens of Lake Elmo. A hearing is scheduled for September 27th. This filing was based on his belief the state law requires 4/5th vote on a rezoning and a simple majority of the Council cannot circumvent the requirements of the statutes and of our city ordinance. D. Jamie Olson: Sign Filla advised the Council he received a letter from Attorney Jim Hanton indicating he thought it a good idea to start constructing a sign on September 11th. Filla contacted him and objected based on the Court Order directing the City to grant the variance and CUP is not the same thing as granting the variance and a permit and the applicant has to come back to the Council for action. Until the Council takes that action or until someone appeals the District Court's decision, there is no authority from the city to do anything on that site. E. Annexation Proceedings: Filla advised the Council the Appellate Court decided to uphold the District Court's decision that the petition for review was not filed within the appropriate time; therefore, the District Court had no jurisdiction. Filla will pursue this decision to the Supreme Court. 4, CITY ADMINISTRATOR'S REPORT: A. LMC Conference Planning Committee If any Council members are interested in serving on the Conference Planning Committee, they are to submit their completed form into the City Administrator. B. Valley Branch Watershed District The Council was asked to bring in names of nominees for consideration to fill the vacancy within the VBWD. M/S/P Mottaz/Dick Johnson - to adjourn the Council meeting at 9:40 p.m. (Motion carried 4-0).