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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 />Niles referred to 2nd paragraph, second page, where Mr. Filla talks about the <br />action that has been taken by the city since the District Court's order and talks about <br />amendment of the 1979 comp plan to create the 1990 amendment to the comp plan. <br />Niles stated, "If you look at the 1990 amendments to the comp plan, you will see on the <br />first page the dates of adoption and action of the plan believed by the time Judge <br />Doyscher issued its order of July, 1991. All of the steps necessary to adopt have been <br />taken by the city with the exception of final Met Co. approval which took place in early <br />1992. My understanding is that those proceedings and what the city was doing were <br />known to Judge Doyscher at the time he issued the order and that by virtue of that, <br />courts usually don't issue orders that are gong to be moot before they put their 'John <br />Hancock' on the signature line. Our position is that Mr. Filla is incorrect there and the <br />court was apprised of the changes that were going on with the comp plan at the time he <br />issued the order. We understand Judge Doyscher may be the one that has to clarify <br />that eventually." <br />Mayor John felt that Judge Doyscher's order clearly states that Federal Land may <br />submit their application under the 1979 plan. That the current proposal is very different <br />from that proposed by Federal Land in 1980. Therefore, the city does not consider the <br />current proposal, which did not exist at the time of Judge Doyscher's order, has to be <br />considered under the 1979 comp plan. The application should then be considered <br />under the 1990 comp plan. <br />Councilman Mottaz was inclined to go along with Federal Land on with what the judge <br />said. We are going to have to go back to the judge and ask him what he meant. He <br />did not say that they must submit their original plan, but he said they are allowed to <br />submit an application. The judge has to realize after 12 years a lot of things have <br />changed. Mottaz is inclined to think that the judge meant that they could resubmit an <br />application based on the rules in our comp plan of 1979. <br />Attorney Filla explained that at the last meeting the applicant clearly asked the city to <br />consider this on a dual track and that is why I was asked to make some comments. <br />One way to get this to the court is to make a decision regarding the application to the <br />1979 version of comp plan. If that decision is to review it in that manner, you proceed <br />along that track. If your decision is not to review it in that manner, then you've made a <br />decision. The second request is to review the application consistent with the 1990 <br />version which would require a public hearing before the PZ. If the city were to approve <br />an amendment to the plan and then the application and a rezoning, we will never find <br />out what the court would say because there will not be an appeal because the property <br />owner would be satisfied with the city's decision. If the decision is to deny the request <br />in light of the 1990 comp plan, at that point the property owner has two decisions of the <br />council relating to the same issue. There was a request to try to handle this in a <br />manner if necessary to get us to court one time review all the issues instead of two <br />separate lawsuits, one 1979 plan and one 1990 plan. <br />
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