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09-06-94 CCM
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09-06-94 CCM
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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 1994 <br />C. TREE PLANTING GRANT <br />The Council congratulated and gave special thanks to Dick Johnson for receiving a tree <br />planting grant for $2,134.25. <br />5. OLD BUSINESS: <br />A. Metro East Partnership <br />Council member Johnson voiced his major concern is if we put in $500 in this <br />organization we should get $500 worth of information out of it.. <br />M/S/P Mottaz/John - to take the motion off the table. (Motion passed 5-0). <br />M/S/P Mottaz/John to direct the city adminlstrator to sign the pledge to enter the Metro <br />East Development Partnership at a cost of $500/year. (Motion passed 5-0). <br />B. Martin Colon: Appeal to Board of Adjustment and Appeals (Continuation) <br />The Council received Attorney Filla's letter, dated September 2, 1994, on the Federal <br />Land Development Proposal. <br />Mr. Niles, representing Mr. Colon, stated it is their position that they have done <br />everything possible to comply with the city's ordinance in terms of submitting the <br />information that is required to process the application. We believe that the delay with <br />respect to the processing of this really goes to the merits of the application and how it <br />should be considered, not whether we satisfy the ordinance that determines whether it <br />should be processed. <br />Today, he received a copy of a September 2, 1994 letter from Attorney Filla to <br />Ms. Kueffner and there are a couple of points he disagrees with: "On the bottom of 1st <br />:page, there is a statement regarding the July 9, 1991 order by Judge Doyscher where <br />Mr. Filla gives his opinion that the order limits Martin Colon to only submitting the <br />application that has been submitted earlier --the 1979 application. Significantly, after <br />the February 2, 1991 findings of fact by the District Court, there was a motion for <br />amended findings in which Martin Colon clearly submitted the position requesting <br />before that any application that we submitted must be approved by the city. That was <br />the position that we took. Obviously that's not what the order says. The judge <br />exercised some discretion in putting the language that you have now seen in the order <br />requiring their application be considered under the 1979 plan. So the statement that <br />Mr. Colon never requested the ability to submit some other approval is not accurate." <br />Niles added, "Second page, the statement as to scope and intensity of this <br />application relative to the 1980 application. We did not know if there ever was a <br />determination of the intensity of the prior application. We are saying that language <br />allows us to submit a modified proposal not identical to the 1980 proposal. It doesn't <br />say we must submit the 1980 application." <br />
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