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LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1994 M/S/P Mottaz/Johnston - to approve the Impounding Agreement with the St. Croix Animal Shelter, Inc. and the City of Lake Elmo effective September 1, 1994. (Motion passed 5-0). 6. PLANNING/LAND USE & ZONING: A. Martin Colon "Appeal to the Board of Adjustment and Appeals" Attorney Filla indicated the application submitted by Martin F. Colon does not clearly state what request is being made. Do they want a comprehensive plan amendment, a zoning district change, and which comprehensive plan will it come under, the 1979 or 1990 plan. Attorney Donald Niles, representing Martin Colon the owner of the property, stated they are not asking the city to waive whatever the position they may take with respect to its legal position to which version of the comp plan may apply to this application. What they are requesting is that the application be processed on the merits without forcing Mr. Colon to waive his legal position that Judge Doyscher's 1991 order may have some bearing on his application. According to Mr. Niles, Mr. Colon's legal position is that the July 1991 order entitles him to consideration of his development plan under the 1979 Comp Plan, The prior application was withdrawn when it became apparent to Mr. Colon that further processing and voting on that application entailed a complete waiver of any rights he may have had in respect to that litigation and that order. Attorney Filla explained the proposal that was withdrawn by Mr. Colon before the PZ was his choice and not the city's. It was an application that asked for submittal of his proposal to be reviewed under the 1990 comp plan. When it appeared to him that the city was going to proceed, he withdrew the application. Councilman Mottaz indicated he had a problem with people referring to the 1979 comp plan 1980, 1991 comp. plan because the state statute states that a city has one comprehensive plan. It doesn't say you get a new comp plan every time you amend it. Our comp plan was drawn up in 1979. The state law further states that cities can and should amend their comp plan as they see fit Attorney Niles indicated they are requesting a rezoning from RR to HB. Mr. Niles stated, "The Highway Business Ordinance remains on the books with the city as a viable ordinance. There is no misunderstanding as to that. The misunderstanding where the debate or fencing, as Mr. Filla characterized it, has to do with under what comp plan or standards contained in which comp plan should be applied., There is a disagreement on that. Mr. Colon has obtained through litigation an order which Mr. Colon believes applies to this application which entitles him to consideration under the 1979 plan. So yes, Mr. Filla we are asking for consideration under the 1979 plan because it is our belief and legal position that Mr. Colon has the right to do so. We