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9. PLANNING, LAND USE & ZONING: A. Appointment of Special Counsel — Metropolitan Council/Comp Plan Matters At a workshop on October 8, the Council interviewed three firms that have interest in providirig services to the City in the matter of the Lake Elmo Comprehensive Plan and the Metropolitan Council. The City Planner prepared a Resolution of Appointment for Council consideration. The Finance Director checked with the League of MN Cities and found that Building revenues could be used for this fight. Council member Siedow provided a statement on reasons he felt the City was taking the wrong course of action with the Met Council. This statement is made part of these minutes. M/S/P DeLapp/Hunt — to adopt Resolution No. 2002-118, Appointing the firm of Lindquist & Vennum, P.L.L.P. to represent the City regarding the Comprehensive Plan and the Metropolitan Council. (Motion passed 4-0). B. Resolution 2002-117 Accessory Structure, Lund 9357 Jane Court Jim Lund, 9357 Jane Court, applied for a City Council Resolution to permit location of a 160 square foot accessory storage structure nearer the street than the font line of the principal structure. The applicant maintains that existing tree cover and steep slopes at the rear and side of the principal structure preclude any other location for the storage structure on this parcel. The structure would be located at the 10 foot side and 30 foot front setback lines; and, would be 16 feet deep by 10 feet wide. Staff had reviewed the site and suggested that there would be tree removal and/or grading issues with placement of a storage structure elsewhere on the site. M/S/P Dunn/DeLapp — to adopt Resolution No. 2002-117 A Resolution approving the placement of a 160 foot accessory structure nearer the front lot line that the principal structure at 9357 Jane Court, per plans staff -dated October 10, 2002 based on the location is the best place for the accessory structure on the lot and it appears to be reasonably well screened from both the public street and neighboring properties.. (Motion passed 4-0.) 10.CITY ADMINISTRATOR'S REPORT: A. Update on Olinger Property Rental Agreement The City Administrator reported this issue came up when she questioned why the charge for storage on the Olinger property increased from $1500 to $3000 per year. She said she was never a part of any negotiating for storage on the Olinger property. The City Administrator had asked Dan Olinger for a summary of what was being stored on his property. When she received this information, she asked why are we paying to LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 2002