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LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 5 M/S/P Mayor Johnson/Mottaz - to direct the Solid Waste ( Advisory Committee and then the Planning Commission to investigate the possibility of allowing a transfer station as a conditional use in the city and if such use should be allowed, determine in what zones and subject to what conditions and; furthermore, check definitions of current uses in the code because this type of operation may already be included under a definition that is in the code. (Motion carried 4-0). The entire Council agreed on not being in favor of adding any uses or any modifications to a CUP that was in violation and there would only be consideration when the CUP was brought into compliance. E. Cluster Development Questions/Comprehensive Plan The City received a letter from Richard Thompson, Met Council, indicating from the Met Council's viewpoint the plan of record for Lake Elmo is the 1990 plan. Any previous plan or amendment would have been rescinded with adoption of that plan by the City. Mayor Johnson and Councilman Mottaz suggested the city request a third opinion from an Administrative Law Judge. Mayor Johnson noted the PZ is stating that clustering is not provided in the 1990 Comp Plan. Mayor Johnson and Councilman Mottaz consider the 1990 Comprehensive Plan an amendment and clustering was provided for in the 1983 comp plan as amended. They agreed to vote for Resolution No. 91- 41 only if the word "supersede" was eliminated and the purpose of this resolution was to amend the 1983 comp plan. Attorney Filla: This issue should be resolved before the next development application is submitted and this issue can be raised. If two members of the council think that the city's development regulations of the comp plan ought to have some standards on cluster development, then ask the PZ to take a look at the cluster regulations in the 1979 plan and see if it is possible to incorporate those in the current plan. M/S/P Hunt/Mayor Johnson - to direct the staff to prepare an estimate of cost for having this dispute presented to an Administrative Law Judge, and this information will be presented at the next council meeting. (Motion carried 4- 0). If there is a concern on the council that the current plan does or should include some policies on cluster development, Filla suggested requesting the PZ to take a look at those similar provisions in the 1979 plan and see what would be necessary to incorporate those concepts in the current version.