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LAKE ELMO CITY COUNCIL MEETING - 5/3/83 Page five E. Speed Zone and Children Playing Sign - 42nd Street does not fall under the statutory 30 mph speed limit in urban areas, therefore the Council will have to pass a resolution to have DoT do a study and establish a speed zone at no cost. M/S/P Morgan/Fraser to adopt Resolution R-83-32 requesting a speed study and establishing a speed limit on 42nd Street equivalent to Lake Jane Trail. (Carried 5-0). Consensus of Councillors was that a "children playing" sign should be put up on top of the grade. 8. JAMES LAMMERS, LEGAL OPINION ON C&NW REZONING - M/S/P Eder/Mazarra that Council go in temporary executive session and get whatever advice is necessary regarding potential lawsuit for a maximum of one-half hour. (Carried 5-0) Mayor Eder reconvened the meeting at 9:20 p.m. M/S/P Mazarra/Fraser that the executive session be continued to 9:40 p.m. (Carried 4 ayes; Morgan nay) Mayor Eder reconvened the meeting at 9:46 p.m. M/S/P Fraser/Mazarra that any Council member who wishes to do so be given an opportunity to comment on their beliefs in regard to the legality of the ordinance. (Carried 5-0) • Morgan - My position hasn't changed; I feel that we acted unlawfully by not following the City ordinance giving written notice to the property owners within 350' of this proposed development. And therefore, I think we should start back and hold the hearing by the Planning Commission in a lawful way. And the letter that I received from the railroad threatening me certainly does not speak well for the railroad as a good citizen in this City. And I don't feel that I am doing anything wrong in carrying out the charter in which I was elected and protecting the laws of this City. • Dunn - About all I can add to that is an amen. s Fraser - I continue to believe that the ordinance is in effect. I think there has been a question raised on a technical flaw; I don't think the flaw is one of substance. s Mazarra - We've got, as City Council members, various opinions and feelings on exactly what direction we as a City Council should take as far as the rezoning of the railroad tracks is concerned. I've received some papers here stating a possible lawsuit of substantial amounts of money. I'm not convinced that we as a city have done anything wrong. My gut feeling is that we differ too much as far as the Council is concerned. What I would like to do is remand this or have a declaratory judgment, in other words move this to the courts, allow the court to decide if the option we took was actually valid or not valid. From that point, if they declare that it was valid, the rezoning would stay. My feeling is that they're probably going to declare it invalid. At that point, the City will take the procedure to the Planning Commission, rehear it, come back a month from now and hopefully resolve the situation. The only reason I'm doing this is that we're not going to have a consensus here; and to me, because we don't have