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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1991 5 followed in adopting a comp plan. A motion to adopt a comp plan now is out of order until we determine what steps we have missed and deal with these steps in the proper order. If this is just a housekeeping measure to correct the procedure, Councilman Johnson noted he had no problem with adopting this resolution. But if the 1990 amendment of the comp plan is opened to revision, he felt it was inappropriate because a past council has adopted this amendment and in substance is the plan the city is now operating under. The City Attorney concluded if you had 1979 plan and changed the official controls the official controls apply. If after you change the official controls that would amend the comp plan, you now have 9 months to revise the official controls. The question is: "what action was taken at the most recent time? And apply that logic to this, and if you assume the August, 1990 amendment is not effective, the city has still taken action in the way of adopting RE regulations". RE regulations, or rezonings of property effecting changes to a zoning map, are official controls and will take precedence over the 1979/1983 version of the comp plan or the 1990 version of the comp plan because those actions occurred most recently. If they are in conflict, then the official controls apply. Councilman Hunt noted the Council has acted under the 1990 Comp Plan all year. He has voted on items and on applying for a MUSA extension based on this plan. Therefore, he would not support any MUSA extension under the 1983 comp plan. Mayor Johnson provided his explanation as to the procedure of the initial adoption of the 1983 Comp Plan. M/S/P Williams/Dick Johnson - to amend the resolution as follows: (Motion carried 4-1: Mottaz). Add Defining Paragraph: For the purpose of this Resolution "the 1990 Lake Elmo Comprehensive Plan" amends and supersedes a Comprehensive Plan adopted in 1983 and amended since then, including the wording approved by Met Council of February 14, 1991. Add: BE IT FURTHER RESOLVED, that City Council actions with regard to any residential rezonings and subdivisions since February 14, 1991 are hereby ratified. M/S/F Williams/Hunt - to adopt Resolution 91-40 as amended. (Motion failed 3-2: Mayor Johnson, Mottaz). Councilman Hunt: my previous vote was made upon a comp plan which covered the entire city. Based upon what that plan stated (it called for residential dev. and commercial dev.) I felt at that point the extension of the MUSA was justified and appropriate into that area. I do not feel, with my knowledge of the 1983