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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 21, 1989 PAGE 9 City Engineer Bohrer advised that these solutions are going to take a long time to enact. He recommended the two lowest homes that are prone to damage, Vogue and Wilfong, should investigate flood insurance. Another recommendation was for the City to continue to investigate alternate means of providing access to Eden Park area (such as: raising one of the roads, finding another access out) if the high water occurs as is predicted in the VBWD report. B. Plan Approval, 43rd St., & Kimbro Avenue City Engineer Bohrer reported that plans and specifications for the 1.989 MSA Improvements - 43rd Street and Kimbro Avenue are complete and ready for the Council's review. Public hearings were held on June 21, 1.988 and on the basis of those public hearings, the plans were ordered to be prepared for 43rd Street and Kimrbo with the condition to provide for paving the shoulders 6 feet wide provided additional right-of-way was not required. In his letter to the Council, dated 2/15/89, Bohrer advised that they have prepared the plans based on 4 foot wide shoulders because 6 foot wide shoulders would require additional right-of-way from every property owner along the street and the relocation of some existing fences which would not have to be relocated if 4 foot shoulders were constructed. Bohrer has become aware that paved shoulders do not have universal support of the propertyowners because at least two property owners ride horses/drawn carts which would be prohibited from riding paved surfaces according to Section 1401 of the city code. From a maintenance standpoint, he would support paved shoulers based on virtually no maintenance needs to be done. Bob Wier stated he has miniature horses, approx. 34 inches tall, with carts/buggies that are 40 inches wide, but his son has a standard size buggy, approx 5 feet in size. Councilman Williams responded that a 4 foot unpaved shoulder would not help the usage of the 5 foot buggy. Bohrer believed that the time the ordinance prohibiting horses from paved surfaces was enacted, it was meant to keep the horses off the driving surfaces because this was the only thing paved in Lake Elmo at the time this ordinance was considered. He suggested an option in the ordinance to allow horses to walk on paved shoulders and prohibit them from the driving surfaces would achieve the same end. Bohrer felt the damage would primarily be cosmetic. M/S/P Graves/Williams - resolved that the Council hereby instructs the City Engineer to proceed with the plans and specifications for 43rd Street and Kimbro Avenue based on 4 foot wide blacktopped shoulders. (Motion carried 5-0). M/S/P Graves/Moe - to instruct the City staff/City Attorney to draft t an ordinance allowing horses and horse drawn vehicles on certain hard surfaced roadways in the City; with limitations referred to in 1401.010 and 1401.020. (Motion carried 5-0).