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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 1994 <br />5. UNFINISHED BUSINESS: <br />A. Resolution No. 94-31, Approving the 1994 Tax Levy, Collectible in 1995 <br />M/S/P John/Conlin - to adopt Resolution No. 94-31, Approving the 1994 Tax Levy, <br />Collectible in 1995. (Motion passed 5-0). <br />B. Martin Colon Comprehensive Plan Amendment (Continuation) <br />Don Niles, Attorney for Martin Colon, appreciated city council action by motion on their <br />request of June, 1994. Niles stated the development proposal for a travel plaza is <br />consistent with Judge Doyscher's order in 1991 requiring the city to reconsider Mr. <br />Colon's plan under the 1979 comprehensive plan. Under the 1990 comp plan, we <br />believe that it is appropriate and largely consistent with the goals and policies of that <br />plan. <br />Julie Farnham, city planner, presented a report, dated December 1, 1994, indicating <br />that the staff concludes that the proposed travel plaza, and requested Highway <br />Business land use and zoning, is inconsistent with the City's long-range plans for <br />limited business uses in this area. Further, staff does not believe any compelling <br />arguments have been presented to prompt the city to change its policy and allow more <br />intense uses along 1-94. Such a change would be a significant shift in current policy <br />which clearly states a desire for low -impact commercial uses in unsewered areas along <br />1-94. <br />City Engineer, Larry Bohrer, provided a letter dated December 2, 1994 indicating he <br />has received additional information on anticipated noise levels and proposed design of <br />a sewage treatment system for the proposed travel plaza. This information is reviewed <br />at the time of Site Plan Review, and it is premature to review design features of a <br />proposed development before the future land use issues have been determined. <br />Although the city's current regulations may not allow this particular type of <br />development, Attorney Filla pointed out the city does not discourage development. In <br />this part of the city it has taken property that is zoned RR, including the applicant's <br />property, and placed it in a limited business classification on the Future Land Use Map <br />which would facilitate a much more intense and profitable type of use. The city has <br />never determined that this proposal is in compliance with the 1979 plan. The city has <br />determined that Judge Doyscher's order does not require us to review this application <br />under the 1979 plan. <br />M/S/P John/Johnston -to deny the request of Martin Colon to amend the <br />comprehensive plan based on the following reasons: (Motion passed 4- 1: Mottaz: Feels <br />very strongly that this city is obligated by Judge Doyscher's order to consider Mr. <br />Colon's proposal under our original 1979 comprehensive plan). <br />