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LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1994 B. Notification by VBWD of development Mannington Downs in West Lakeland Township that is tributary to Downs Lake Larry Bohrer reported that the VBWD notified the city of a proposed development in West Lakeland Township, known as Mannington Downs, which is tributary to Downs Lake. The development of this area will not increase the rate of surface water runoff from the watershed; however, the volume of runoff will increase due to the eventual increase in impervious surface. A decision to approve this subdivision is scheduled at the March 24 VBWD meeting. In the revised 509 plan, the VBWD is proposing a controlled outlet for Downs Lake, but no timetable was developed. M/S/C Mottaz/Conlin - to send a letter to the VBWD encouraging them to accelerate the project to construct an outlet to Downs Lake and ask if there is additional ponding besides the wetlands planned for the new development, Mannington Downs, In West Lakeland Township because this is considered a flood sensitive area. (Motion carried 4-0). The City Administrator will notify Ann Bucheck, Eden Park, that the Mannington Downs Development will be on the March 24, 1994 VBWD agenda. 8. CITY ATTORNEY'S REPORT Officials to be reimbursed for legal fees Attorney Filla reported the Afton circumstance are not exactly the same as Lake Elmo's in the following way: Lake Elmo's case involves a lawsuit by a resident against two council members who were found not in violation of the open meeting law. The Afton case involved a lawsuit by a resident against 3 council members who were subsequently found to have violated the open meeting law even though it may have been unintentional. In addition, in Afton the 3 council members sued the city and the League of Cities. District Court threw out their claims and the appellate court has now reversed. The District Court had said there is a provision in the standard League of Minnesota Cities Insurance Trust Contract that the appellate court requires the League of Cities reimburse for legal costs incurred. This issue is not present in the Lake Elmo case. The League of Cities intends to appeal this and have filed petition. They don't know if the Supreme Court is going to accept the case for review. Attorney Filla was told by the League of Minnesota Cities, pending the outcome of this before the Supreme Court, to file a claim. He will review the letter that was sent to the city denying coverage from the League of MN Cities and draft the correspondence with copies of the appropriate bills and request they reimburse the city under this provision of the standard contract that also applies to Lake Elmo.