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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1991 4 Hunt: I feel item #3 is important to the city because this city is trying to send a positive message by saying we are going to rezone the land within that MUSA. We should then carry that thru and rezone the remainder of the City. Councilman Mottaz: If we ask the City Attorney he will tell us there are differences of opinion in interpreting that Statute about controls. I have talked to more attorneys who disagree with our attorney than those who agree. Mayor Johnson: In the case of Anton versus City of Eagan, the supreme court stated that the master plan, as referred to the comp plan, does not unalterably hold the city to a rezoning. Although not abiding by the comp plan would be one part of evidence for support of arbitrainess. M/S/P Williams/Hunt - to amend the amendment to include the following changes: 3. At the same time, to request an extension of the MUSA and an amendment to the Comprehensive Plan from the metropolitan Council, in accordance with the Planning Commission's recommendation, to the 1/4 section line north of I-94 from Inwood Avenue to the 1/4 Section line east of Keats Avenue and an additional area including to the 1/2 section line north of I-94 by 1/2 mile east of Inwood Avenue, except for an additional area including the 1/2 section line north of I-94 by 1/4 mile to the west and 1/4 mile to the east of Keats Avenue. 5. If items #1 and #2 are not accomplished within 75 days, the application to the Met Council for the extension of the MUSA and amendment to the comprehensive plan shall be withdrawn, or if the Met Council has already approved the MUSA Extension, the Comprehensive Plan Amendment shall be null and void. 6. At our earliest opportunity, the city set up a public hearing for the purpose of enacting a moratorium on development with the proposed MUSA defined area. (Motion carried 3-2: Williams:same reasons as stated above, Hunt: I strongly support the Comp Plan of this City and strongly support the extension of the MUSA. I am very troubled at the position we are in tonight. What troubles me is I see something that is good for the city and the ability to do something good for the City. I also see an unwillingness for some members of this Council to follow this comp plan. I have seen that occur in a recent case that went to Court. Every time a proposal comes in near the MUSA it will probably be turned down by this council unless it is for commercial.)