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7. MAINTENANCE, PARKS, FIRE, BUILDING 7.A Report on Clean-up Days Administrator Kueffner reviewed her report and said the general response to 1998's clean-up day was positive. 7.11 Building Official's Attendance at National Conference. Jim McNamara requested Council approval for the September 6-12, 1998 building conference in San Diego, California at a cost of $1,200.00. He said some of the agenda will include changes in the Uniform Building Code, changes in the International Building Code and educational updates. Councilmember DeLapp questioned the claim for Jim Arend, who covers for Jim McNamara. M/S/P Johnston/Hunt — to approve the Building Official's attendance at the 1998 National Building Official's conference at a cost not to exceed $1,200.00, conditioned upon an update of the conference be provided to the Council. (Motion Passed 5-0). 8. PLANNING, LAND USE & ZONING &A Rezone from RR to OP: Zintl Property City Planner Dillerud described the site location and said the Planning Commission failed to file a report to the City Council. Councilmember Hunt said the findings support rezoning this parcel. Mayor John said it was the responsibility of the Council to ensure that changes in land use within the City are consistent with the visions and goals outlined in the City's Comprehensive Plan. With that aim in view, the Council designated certain areas as Open Space within the Future Land Use Plan. This designation did not study individual land parcels for suitability, as individual proposals placed before the Council could cover more than one parcel of land. Then, deficiencies in one parcel might be turned into an advantage when blended with another. The OP designation is an overall designation with the expectation that adjacent pieces of property are consistent with one another, and form a coherent whole when fully developed. City Attorney Filla said there are specific regulations to compliance to the Comprehensive Plan that the courts view. Cities must be able to give clear, reasonable actions, and it is not necessarily true that all land must be rezoned. If the City does not choose to rezone, the burden is strongly on the City to give those reasons. The City of Lake Elmo has deemed this property OP, which is consistent with the Comprehensive Plan. If the City does not approve the rezone to OP, the court may suggest the Council is acting in an arbitrary manner. Said cities are required to bring zoning in compliance with the Comprehensive Plan. Said the concept plan may be objectionable, but it does comply with the Ordinance. M/S/P Hunt/Johnston — to adopt Ordinance No. 97-32, An Ordinance Amending Section 300.07 "Zoning District Map" of the 1998 Lake Elmo Municipal Code. Section 1. Amendment: to rezone the Zintl property from (RR) Rural Residential to (OP) Open Space Preservation District. (Motion Passed 4-1). Opposed: Dunn; has a problem with the OP Ordinance in general, and thinks it needs to be reviewed. &B Concept Plan for the Zintl Property City Planner Dillerud reviewed the concept plan and presented 2 Resolutions, one approving the plan and one denying approval of the concept plan. Said several residents of the area have testified that areas of the site along the west and north perimeter have been subject to periodic surface flooding; several house pads for the lots on the east side of the public street will fall within 200 feet of the adjacent development (Fields), the park proposed for the west -central portion of the site is a bit small; the City Park proposed is City of Lake Elmo Council Meeting Tuesday, July 7, 1998 Page 5