09-06-94 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 1994 C. TREE PLANTING GRANT The Council congratulated and gave special thanks to Dick Johnson for receiving a tree planting grant for $2,134.25. 5. OLD BUSINESS: A. Metro East Partnership Council member Johnson voiced his major concern is if we put in $500 in this organization we should get $500 worth of information out of it.. M/S/P Mottaz/John - to take the motion off the table. (Motion passed 5-0). M/S/P Mottaz/John to direct the city adminlstrator to sign the pledge to enter the Metro East Development Partnership at a cost of $500/year. (Motion passed 5-0). B. Martin Colon: Appeal to Board of Adjustment and Appeals (Continuation) The Council received Attorney Filla's letter, dated September 2, 1994, on the Federal Land Development Proposal. Mr. Niles, representing Mr. Colon, stated it is their position that they have done everything possible to comply with the city's ordinance in terms of submitting the information that is required to process the application. We believe that the delay with respect to the processing of this really goes to the merits of the application and how it should be considered, not whether we satisfy the ordinance that determines whether it should be processed. Today, he received a copy of a September 2, 1994 letter from Attorney Filla to Ms. Kueffner and there are a couple of points he disagrees with: "On the bottom of 1st :page, there is a statement regarding the July 9, 1991 order by Judge Doyscher where Mr. Filla gives his opinion that the order limits Martin Colon to only submitting the application that has been submitted earlier --the 1979 application. Significantly, after the February 2, 1991 findings of fact by the District Court, there was a motion for amended findings in which Martin Colon clearly submitted the position requesting before that any application that we submitted must be approved by the city. That was the position that we took. Obviously that's not what the order says. The judge exercised some discretion in putting the language that you have now seen in the order requiring their application be considered under the 1979 plan. So the statement that Mr. Colon never requested the ability to submit some other approval is not accurate." Niles added, "Second page, the statement as to scope and intensity of this application relative to the 1980 application. We did not know if there ever was a determination of the intensity of the prior application. We are saying that language allows us to submit a modified proposal not identical to the 1980 proposal. It doesn't say we must submit the 1980 application."