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HomeMy WebLinkAbout03-27-03 CCMCITY OF LAKE ELMO City ®f Lake Elmo 651/777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 LAKE ELMO SPECIAL CITY COUNCIL MEETING THURSDAY, MARCH 27, 2003 5:00 P.M. - 6:30 P.M. AGENDA 1. Consultant Interview — Fox Lawson 2. Personnel Action Recommendation 3. Madden Report/Administrator Kueffner 4. RECO-Request for Extension of Preliminary Plat Approval 5. Other 6. Adj ourn 10 printed on recycled paper LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 1 CITY OF LAKE ELMO CITY COUNCIL MEETING MINUTES OF MARCH 18, 2003 1. AGENDA 2. MINUTES: March 4, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL 4. CONSENT AGENDA 5. FINANCE a. Resolution 2003-018 Approving Claims 6. NEW BUSINESS 7. MAINTENANCE/PARK/FIRE/BUILDING: a. Update on Fire Dept. Activities: Chief Malmquist b. Update on Building Dept. Activities: Jim McNamara c. Maintenance Advisory Recommendations — Radios/Pagers 8. CITY ENGINEER'S REPORT a. Resolution No. 2003-019 Partial Payment #9 for Well Pump House No. 2 to EnComm Midwest, LLC. b. Resolution No. 2003-020 Final Payment to Keys Well Drilling for Well No. 3. c. Resolution No's. 2003-021 through 2003-025 New State Aid Routes d. Street Light Policy 9. PLANNING, LAND USE & ZONING a. Shoreland Zoning Variance — Kostelnik b. Final Plat for Lake Elmo Business Park: RECO Real Estate 10. CITY ATTORNEY' S REPORT a. Update on Junk Houses: Attorney Shoeberg 11. CITY ADMINISTRATOR'S REPORT a. Resolution No. 2003-026 Water Fund Rate Recommendations 12. CITY COUNCIL REPORTS LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 1 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 Acting Mayor Johnston calla the meeting of the City Council to order at 7:00 p.m. in Council Chambers. COUNCIL MEMBERS PRESENT: DeLapp, Dunn, Johnston, Siedow. ALSO PRESENT: City Engineer Tom Prew, City Attorney Jerry Filla, Acting City Administrator Chuck Dillerud, Acting Finance Director Tom Bouthilet, Building Official Jim McNamara and Recording Secretary Kimberly Schaffel. 1. AGENDA The Acting City Administrator added three items: consideration of consultant proposals for zoning and human resources, to set a special council meeting for March 27, 2003 for a second interview with the human resources consultant and some personnel issues, and an update on Hill Trail upgrade and assessment, 10b, Status of Kueffner leave, 10c, Shoeberg 3-month agreement extension. The Agenda was also amended to include information from Deputy Haider. Update on Highway 5 under Administrator 9E. (DeLapp: Not appropriate to make changes of significance with a short council. Specifically the Shoeberg matter specifically and the consultant proposals.) M/S/P, DeLAPP/SIEDOW, to accept the Agenda as amended. VOTE: 4:0. 2. MINUTES Minutes will be amended to reflect changes made by Councilmember DeLapp. M/S/P, SIEDOW/DeLAPP, to amend the Minutes of March 4, 2003 with changes from Councilmember DeLapp. VOTE: 4:0. M/SM, SIEDOW/DeLAPP, to accept the Minutes of March 4, 2003 as amended. VOTE: 4:0. 3. PUBLIC INOUIRIESANFORMATIONAL Deputy Holder, Washington County Sheriffs Office He advised residents to have income tax refunds direct deposited to avoid mailbox theft. He took many reports of theft last year. Criminals know when they come in the mail. They take the check and leave the envelope. They will also take credit card statements. There is a lot of graffiti at Pebble Park despite patrols every night. The graffiti is on the playground equipment itself. It has dirty words and drug -related remarks. Pebble Park, Reid, Sunfish have 10:00 closings while Tablyn has one-half hour after sunset. He would like to see consistency. He prefers one-half hour after sunset. Staff will look into it. Councilmember Dunn was interviewed by the press about Highway 5. Mn/DOT asked about local enforcement at that intersection. The deputy said it also came up in his roll call. They wrote tons of tickets there when there was focused enforcement last year, and those tickets were all dismissed. Mn/DOT is asking for us to take part of the burden of taking care of that section of road through an increase in enforcement. The traffic issue has caused problems historically around the fairgrounds. The deputy would like to see stop lights along Highway 5 in many more places, including at Lake Elmo Avenue. At the fairgrounds there is a right passing lane on one side. Usually the light at Manning helps slow traffic. As of April I't no ATV's can be in the ditches along county or state roads 4. CONSENT AGENDA None 5. FINANCE Resolution 2003-018 Approving Claims LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL (MINUTES APPROVED: APRIL 15, 2003 3lJl M/S/P, DeLAPP/DN, to adopt Resolution No. 2003-018 approving claims in the amount of $60,244.17. VOTE: 4:0. 6. NEW BUSINESS None 7. MAINTENANCE,/PARK/FIItE/BUILDING Fire Dept Activities - Chief Malmquist was not in attendance. Update on Building Dept. Activities - Jim McNamara The Building Official presented his February Report which has a different look from past months. It has a revised format to show where funds are allocated. The Acting Finance Director and the Building Official worked on that together. There were a few complaints in the last week or so; a few signs were down, vehicles illegally parked for long periods of time were ordered removed, and silt fencing drooping or coming down were ordered to be taken down and repaired. He is talking to contractors again about the importance of maintaining their silt fences. There have been a lot of problems with septic systems freezing. He had a couple of classes at January -end that dealt with the problem. The only thing that can be done is to get tanks pumped until they correct themselves. Frost got into drainfield areas with deep penetration. When those pumps came on or gravity took hold, they were blowing out in other areas. Frost is deep; it is still at 6-12 inches. One communal system had a problem. It was a 201 system. The users of that system were told they could be reimbursed from the 201 Maintenance Fund if they need pumping. Council asked if our newer communal systems have those problems. The Building Official said he would be surprised if those large systems had such problems. Councilmember DeLapp suggested homeowners add a couple of inches of Styrofoam on the pipes when installing a new system. The Acting Administrator said he may suggest that new mound systems have something like that to protect them from freezing. Maintenance Advisory Recommendations — Cell Phones/Walkie-Talkies The Acting Public Works Superintendent/Parks Supervisor has worked with the Building Official and Acting Administrator to augment the existing radio system. Nextel phones are both phones and walkie-talkies; they have a private and public line function. Mike Bouthilet presented the request to the Maintenance Advisory Commission. They recommend the city acquire the Nextel cell phones/walkie-talkies for the Building Official, one for Parks, two for Public Works, and one for city hall. The Acting Administrator noted some reservations about the cell phone portion because those numbers sometimes are given to outsiders and because of accountability for billing purposes. He would be willing to support it now because staff and the MAC think it is worth trying. We can review it in one year. Capital cost would be about $500 and the monthly cost would be $200. The overall utility will be better. There are no budgetary line items for it but it can be taken from budgets within departments. George Dege, Maintenance Advisory Commissioner MAC looked at the new cell phones/walkie-talkies as a safety factor. When you get out of your vehicle and get hurt, nobody knows you are hurt. Working with the chippers, at the well station, on the trails in the parks, there is no way to contact anyone because only the vehicles have the radios. Having one in the office and one with the Building Inspector offers double use. Abuse of cell phones will have to be looked at in the future. It will be easy to monitor with the few that will be LAKE ELMO CITY COUNCIL MINUTES MARCH 18. 2003 3 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 1 � using them. Pagers do„'t work Well. Rick Gustafson has received pages, run into the office to find he was wanted at the other end of town. He reminded the council that the city is down to one employee in Public Works who is not a manager. Dan Olinger will get a pass to work part time in a few weeks. That will give the city the go-between that is needed to buy this and move that. The Acting Administrator suggested that staffing be handled by staff and council M/S/P, DUNN/DeLAPP, to accept the recommendation of the Maintenance Advisory Commission to purchase the Nextel cell phones/walkie-talkies and to review their performance in one year. VOTE: 4:0. 8. CITY ENGINEER'S REPORT Resolution No. 2003-019 Partial Payment #9 for Well Pump House No. 2 to EnComm Midwest, LLC. The City Engineer reported that the interior work is done, and landscaping will get done in spring at Well Pump House No. 2. He recommended lowering the escrow to 2%. M/S/P, DUNN/DeLAPP, to adopt Resolution 2003-019 releasing Partial Payment #9 for Well Pump House No. 2 to EnComm Midwest, LLC. VOTE: 4:0. Resolution No. 2003-020 Final Payment to Keys Well Drilling for Well No. 3. The City Engineer reported that the well on Hudson Boulevard is complete. The city saved money under the bid. M/S/P, DeLAPP/SIEDOW, to adopt Resolution 2003-020 releasing Final Payment to Keys Well Drilling for Well No. 3. VOTE: 4:0. Resolutions No. 2003-021 through 2003-025 New State Aid Routes. The City Engineer said that every few years we accumulate additional miles in our state aid routes. As we gain more street miles, we get an additional MSA `needs and funding.' We have 2.5 miles we should declare as state aid routes. There is specific criteria to be met, they must be collectors or higher. The first is a section on 50°i Street. It is our last gravel road that is not a dead end. It is traveled only several hundred vehicles per day. Councilmember DeLapp said this is a new formula for state aid roads. He asked if there was a way to transfer this money to a bigger road instead of paving this little road in a rural area. The next route is 391h Street from Highway 17 to Highway 5 and 38`h Street from Highway 17 to Laverne Avenue. He works to determine if the road system will be able to accommodate the traffic that may be coming soon. There may be upgrades that can be done. Councilmember DeLapp said he did not want to have a minor aspect of a development control what a road will look like. Councilmember Dunn said that if a road has been there 20 years and needs to be torn out, we should do it if a new development is coming in. It will cost us less in the long term. She explained that the city can change a road's designation and put the money somewhere else. The City Engineer agreed that the city can change around these designations as long as they haven't spent money on the road in question. The City Engineer also looked at Hudson between Highways 15 and 17 as fitting the mileage the city needed to use up. It was just paved and re -shouldered this summer. The Engineer said it was LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 4 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 5 never a trunk highway. Technically, only a trunk highway or a county road can be turned back. Councilmember DeLapp remembered that the county said we'd get all the money as an MSA road, so we took it. It already is designated. The City Engineer explained that it is a return not a turn - back. Councilmember DeLapp asked if the intersections of Keats and Lake Elmo Avenue and Keats and Inwood are just regular streets the city is paying for because that was not what was voted for. The reason you would get it back was because you would get MSA credit. Councilmember Dunn thought there was an incentive offered too. The Acting Administrator will verify it. Councilmember Dunn recommended the council delay action. The Engineer said he pursued getting those streets returned to the city. M/S/P, DeLAPP/SIEDOW, to adopt Resolutions 2003-021 through 2003-025 for New State Aid Routes. VOTE: 4:0. Street Light Policy The City Engineer was asked to look at our street light policy by the City Council. The city would take responsibility for lighting some of the intersections that had high volumes of traffic - over 3500 vehicles per day. That would add twenty-one additional lights. Councilmember Dunn said she was most concerned for safety, particularly on Highway 5. The cost for electricity and maintenance is $1300 per year per light. She thinks each light should be reviewed on its own merits. The City Engineer said the policy could be implemented over a period of time. Councilmember DeLapp said at least one dirt road is shown on the diagram with a light. Fields of St. Croix have a lot of lights. The developer did not get permission to put them there. The city should not be paying for it. Carriage Station has more people and no lights. It makes little sense. He would like the plan to eliminate those not benefiting the city, and to add lights where people want them. The plan appears to take care of state and county problems which those agencies should pay for themselves. Councilmember Dunn agreed that unless there is a safety issue, the state and county should pay for their own lights. Some of these developments have city -maintained lights that were never approved. Councilmember Siedow would like the criteria to be safety. Don't put up lights until the traffic count rises to a certain point. M/S/P, DUNN/DeLAPP, to table the Street Light Policy until the next council meeting and identify separately those that are privately necessary. VOTE: 4:0. Hill Trail Upgrade Update The Acting Administrator received an appraisal report from Scott Renne. There is not going to be enough gain in home value to have us increase assessment in most cases. The Engineer explained that it is probably too late this year to do the work if you go through all the steps. The earliest would be end of summer. The Acting Administrator said the council needs to think about a long-term funding issue. The Acting Mayor suggested the subject be discussed at another council meeting. Alternatives can be addressed. The Engineer can look at several streets to review. The Acting Administrator and Engineer can revisit options. They will come back to the council with it some time in April. LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 6 9. PLANNING, LAND SSE & ZONING Variance — Shoreland — Kostelnik M/S/P, SIEDOW/JOHNSTON, to postpone at the applicant's request to the next council meeting, the Resolution of Approval for a Shoreland Zoning Variance for Roger and Mary Kostelnik. VOTE: 4:0. Final Plat for LAKE ELMO BUSINESS PARK: RECO Real Estate The City Attorney would like to limit the term of a preliminary plat extension. City regulations are frozen for that six month period. This site was not included in the I-94 General Business Moratorium because of the preliminary plat. The City Council has authority to approve this extension for a specific time or not approve it at all. Councilmember Dunn said she would deny it. Katie Nath, RECO Real Estate/Resident Ms. Nath stated that an extension would allow them to work with the city before she markets the project so each knows what will go into that development. She is prepared to file the final plat tomorrow but wants to incorporate ideas of the council. She thought it was a fairly common request. Councilmember DeLapp reminded the council that General Business Zoning could mean anything from a church, gas station, market, or group home. He said Mayor Hunt thought we were talking about an office park, like Carriage Station. The idea of an extension is frightening because General Business standards allow all kinds of things. He wants some idea of who they are marketing to; warehouses, housing, retail, what? Katie Nath We are not marketing to retail or gas stations because we understand those fears. They do not have specific targets or customers. They would put up a sign and get some more specific details. As a resident she values the ideals of the city also. Councilmember Siedow said that because the property has no sewer and water limits it to an extent. The Acting Administrator said that limits only intensity, not the uses themselves. Acting Mayor Johnston said in a soft market, the extension would afford the applicants more time to seek development projects that might be desirable to the city. MOTION-DeLAPP, to approve the extension with the provision that there is desirable development of that property. MOTION FAILED FOR A SECOND. The City Attorney advised the council that they cannot change the Comprehensive Plan or Official Controls for one year after plat approval. Lot sizes and locations are all that will be affected. That has little to do with the process of marketing the property. Katie Nath If a user wanted a High Point, the six months would give them the time to change the lot sizes. The City Attorney said there could be an amendment to the preliminary plat or the process could start over. The blueprint for the plat may be too restrictive but the city needs to reserve the right to change regulations without being tied into this plat that may be going nowhere. The Acting Administrator asked if the applicant is ready to put in the final plat, then wiry haven't they submitted it? LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 Katie Nath They wanted to maintain flexibility for a prospective customer. Acting Mayor Johnston said if they filed and developed something more appealing, he could not imagine that the city would not approve it. City Planner The alternative is to file the final plat, approve it and don't record it. City Attorney Filla recently dealt with an issue like this on another property. It was a large user development that was amended or replatted. As part of a development application, they would just replat. Final platting wouldn't significantly restrict the marketing ability. It does restrict the city's ability to change regulations. M/S/F, SIEDOW/JOHNSTON (for discussion purposes), to allow an extension at the applicant's request, until October 1, 2003, for the final plat submission of LAKE ELMO BUSINESS PARK for RECO Real Estate. DeLapp-It is not in the city's best interest. Dunn- If they are ready to go, wouldn't theyjust want to get it over with? Katie Nath She is asking not just for the city's benefit. She thinks it would be easier to extend than to file and amend. Her engineer said the final plat would be ready to be filed tomorrow. She has not spoken with her engineer in one month. Acting Administrator -There would be additional costs to plat and replat. The city has done this for a property on Inwood Avenue. Siedow-Maybe it would be better to postpone. Johnston -Their proposal shows a spirit of cooperation, he would support the motion. VOTE: 2:2 SIEDOW/JOHNSTON(Favor):DUNN/DeLAPP(Opposed) FAILED. The Acting Administrator suggested reconsidering when five members are present at the next council meeting. Ms. Nath would like notice of that meeting. 10. CITY ATTORNEY'S REPORT Update on Junk Houses: Attorney Shoeberg Hilyar Property Attorney Shoeberg, the Acting Administrator, and the Building Official have met. Chief Malmquist examined the Hilyer property. In its present condition, it is not more of a fire hazard; it is just more of a hazard because it is empty. History on file substantiates razing and removing the structure under statute because it is abandoned and dilapidated. The owner has the opportunity to reply within 20 days. If not, the city could be allowed to raze the structure. After reviewing and looking at it, they could raze it. They will then serve the owner with notice. The process will move forward one way or the other. An Owners and Encumbrances Report has been ordered. If there is more than one owner, they will amend the request. M/S/P, DUNN/JOHNSTON, to instruct Attorney Shoeberg to proceed with the court order to instruct the owner of the Hilyer property to raze and remove the structure on that property. VOTE: 4:0. Update on Junk Houses: Attorney Shoeberg Bodziak House Attorney Shoeberg had discussions with the attorney for The Bodziaks. They filed a claim with the State Contractor's Fund. Even if entitled to funds, they would not receive anything until July 2004. LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 8 He said the city cannot wait that long. The Bodziaks must finish the exterior of the house, close it and not use it. The Bodziaks suggest they can get the siding and windows done by April 15, The Building Official would inspect and make sure it is safe. If enclosed, most of those issues should be taken care of. The Bodziaks are in litigation with contractors for the liens that were filed. Their remaining funds have been allocated to do the outside work. He told them that the city wants a plan for when it will be done, and when the Certificate of Occupancy will be wanted. Under statute, the council could order certain work done by a certain time. Then we could enforce it and do it ourselves if it didn't get finished. The city could side it or board it up. We need to get in writing from the owners the April 15 date. A contractor could give us an estimate to finish it if necessary. Owners would cooperate to allow us on property to get that estimate. Their building permit has expired. They paid for two permits so far. He asked the council to waive the fee if the work is done by April IS. The Building Official said we cannot waive the requirement of needing a building permit, just the fee. A permit could be issued for limited purposes to get the exterior done M/S/P, DeLAPP/DUNN, to give the owners of the Bodziak House until May 1, 2003 to finish the exterior to the satisfaction of the Building Official, to include siding, shingles, and windows, and to waive the fee for the building permit if the exterior work is completed by May 1, 2003. VOTE: 4:0. Madden Report Attorney Shoeberg was asked when the council will see the Madden Report. Mary Kueffner's leave is due to end on March 28, 2003, and it was extended because the council is awaiting the report. There is a need to take some action. Attorney Shoeberg said that Susan Hansen had some difficulty with witnesses being able to complete some things. Acting Mayor Johnston wants to see the report so the council can make some decisions. Councilmember DeLapp said that decision was already made. Attorney Shoeberg said he would try to get the report by the 26t" of March. Councilmember Dunn told him not to try, but to do it. She is anxious to see it and the price tag for it. Acting Mayor Johnston said the council should plan to have the report before the meeting and have it on the agenda for March 27, 2003. The council needs to review the issue in light of complete information. City Attorney Shoeberg's contract was renewed for 90 days. M/S/P, DeLAPP/JOHNSTON, to renew City Attorney Shoeberg's contract for 90 days more. VOTE: 4:0. (DeLapp- He would make it nine months. Dunn- Things got a little better; there is still an issue with how things were done in December. She is glad to see these houses getting cleaned up.) 11. CITY ADMINISTRATOR'S REPORT Resolution No. 2003-026 Water Rate Fund Recommendations The Acting Finance Director and the Acting Administrator have worked on the Water Rate Fund structure for several months. Their recommendation includes raising gallon rates by 10% across the board and changing minimums by certain classes to make them more equitable. Councilmember Johnston asked which of the alternative proposals for Eagle Point customers, do you recommend? The Acting Finance Director and the Administrator did not agree. The higher minimum is harder to justify. Councilmember Dunn asked why it is different from the Old Village customers. The Acting Finance Director's perspective is we need as much cushion as we can get. That gives $11,000 more cushion. LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 City Attorney Filla asked the justification for five times the rate. If it is only to generate more revenue there is a legal problem. Utilities can have replacement costs anticipated in rates but five times some other commercial rate needs more study. Councilmember DeLapp asked why council voted for it in the first place. The Acting Administrator said they were nervous about keeping the Water Fund. We have raised connection fees and are okay with it. Councilmember DeLapp wondered if the justification was for sprinkler service. It costs the city money waiting for that eventuality. The Acting Administrator said maybe it was justified then but they are equally justified to abandon it now. M/S/P, JOHNSTON/SIEDOW, to adopt Resolution No. 2003-026 for the Water Fund Rate Recommendation, using the option that includes the fee structure that includes $21.00 minimum for Eagle Point. VOTE: 4:0. (Dunn -make sure there is enough put away in case something happens. Thinks it is too large a down -size at once. Siedow agreed. ) The Acting Administrator recommended its review annually. If we did not have a sizable amount in the Water Enterprise Fund he would not recommend it. Consultant Proposals Two zoning firms were interviewed. TKDA was asked to provide additional information. A letter from TKDA was just received and distributed to the council. MFRA sent an e-mail. The city is asking for a sophisticated zoning ordinance. The Acting Administrator was not particularly impressed by either firm's experience with Performance Zoning. We might customize a contract to meet our needs. Neither of these firms truly meets our needs. It will cost more if they need assistance for Performance Zoning, etc. The options are to choose one, solicit again, or select one and customize with outside assistance. Acting Mayor Johnston said he would rather see that decision made when Mayor Hunt is present. Councilmember DeLapp said that potentially this ordinance can affect 3,000 households, and it could be a great savings to us if it is written well. M/S/P, DeLAPP/JOHNSTON, to table until the next meeting. VOTE: 4:0. The council directed staff to prepare more information. Personnel A Confidential Memo was distributed by the Acting Administrator. Two employees have been on paid administrative leave since March 12 based on e-mail between the two employees. He has conducted an investigation, analysis, and report regarding the e-mail. Washington County found no evidence of criminal action involved. The subject e-mail was probably not sent by the electronic signatory. The Acting Public Works Superintendent will be reinstated tomorrow morning. The Acting City Administrator will advise all employees to log off their domains. MISM, Dunn/Johnston, to return M. Bouthilet to active employee status. VOTE: 4:0. The next meeting date will be Thursday March 27, 2003 at 5:30 p.m. The Acting Administrator is anticipating putting another personnel matter on the Agenda. The individual will be notified and can make it an open or closed meeting at that time. It seems to be a disciplinary matter based on the evidence he has. Highway 5 Report Rick Arnebeck from Mn/DOT has presented signed recommendations from Mn/DOT. They discussed the need for and structure of a public forum. He advised Mn/DOT that the City Council thinks it is needed. He preferred it should take place at Stillwater H.S. Mn/DOT will set up that LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 LAKE ELMO CITY COUNCIL MINUTES APPROVED: APRIL 15, 2003 10 meeting. Rep. Lipman introduced a new bill to replace the old bill about safety improvements to Highway 5 to increase requested funds to $800,000. (Dunn- Fairgrounds might want the public forum to be held there. The Administrator will tell that to Rick Arnebeck.) 12. CITY COUNCIL REPORTS Councilmember DeLapp asked about the Met Council. He asked the Acting Administrator to say something to clear up what the newspapers wrote. The Acting Administrator said the matter before the administrative law judge was to determine if Met Council and its decision on the Lake Elmo Comprehensive Plan was rendered appropriately based upon facts in the case. This was an administrative law judge. It is not the same as a regular court of law. His decision was 26 pages long, essentially saying the Met Council did what they are authorized to do under the law. The response takes the form of a recommendation to the Met Council board. It is not final. Beginning tomorrow, they have 30 days to consider what the law judge said, what our response will be, and to decide whether to finalize their decision of last fall. Of the Met Council members that were reappointed, several voted with us last fall. There will be a meeting with our attorneys in a closed session to discuss the decision in detail and to discuss what the strategies might be. City Attorney Filla said that meeting will be held April 8. Councilmember Dunn said she attended a baseball fundraiser that featured the sale of Krispy Kreme Donuts. She received an e-mail from The Ziertmans about the Animal Ordinance. Maybe we could get that back on the agenda next month. Adjourn 9:32 p.m. Respectfully submitted, IZimberly Schaffel Recording Secretary LAKE ELMO CITY COUNCIL MINUTES MARCH 18, 2003 10