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HomeMy WebLinkAbout04-15-03 CCMLake Elmo City Council Mayor: Lee Hunt Councilmembers: 3800 Laverne Avenue No. Steve DeLapp Tuesday Lake Elmo, MN 55042 Susan Dunn 777-5510 777-9615 (fax) Dean Johnston April 15 2003 Chuck Siedow Please read' Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes March 18, 2003CC April 1, 2003CC March 27, 2003Special CC April 8, 2003Special CC 3. PUBLIC INOUHUES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to A. Fire Dept.:Introduction and Presentation bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and of New Firefighters address for the record, and a brief summary of the specific item B. 2020 Comprehensive Plan — being addressed to the Council. To allow adequate time for Metropolitan Council each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written C. Madden Firm Investigative Report documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. D. Hearing: Mary Kueffner 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one A. motion under a Consent Calendar format. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 5. FINANCE Tom Bouthilet A. Resolution 2003-031 Approving claims 6. NEW BUSINESS A. Sponsorship Request by ArtReach Alliance B. Membership Renewal to St.Croix Valley Regional Tourism Alliance Lake Elmo City Council Agenda April 15, 2003 Paee 2 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept: Summer Help B. Sand Box Fill C. Temporary Employee — Street Sweeping D. Update on Building Dept. Activities: Jim McNamara S. CITY ENGINEER'S REPORT: Tom Prew A. Escrow Reduction: Little Bluestem at the Fields B. Award of 2003 Street Crack Sealing and Sealcoating Contracts C. Update on Hill Trail 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Moratorium for the Old Village Area 10, CITY ATTORNEY'S REPORT: J. Filla A. 11, CITY ADMINISTRATOR'S REPORT: C.Dillerud A. Organizational/Compensation Consultant Services B. Dog Ordinance 12. CITY COUNCIL REPORTS. A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow May 3'CLEAN UP DAY, 8 - Noon, May 71h BOARD OF REVIEW 4-6 p.m. Washington County Fairgrounds MINUTES APPROVED: APRIL 15, 2003 LAKE ELMO SPECIAL CITY COUNCIL WORKSHOP MINUTES APRIL 8, 2003 Mayor Hunt called the meeting to order at 5:00 p.m. in the Council chambers. Present: Siedow, Dunn, Hunt, Johnston, DeLapp, Acting City Administrator/Planner Dillerud. 1. Fox Lawson Interview Mr. James Fox, Project Director of Fox Lawson & Associates gave his presentation for Municipal Organization and Human Resources Consulting Services. A decision on consulting services will be made at the April 15`h Council meeting. 2. Consideration of Moratorium in the Old Village Area The Council invited the four large property owners, Abbott, Hutchinson, Lynslcy, Schiltgen, to receive their reaction to the Council's consideration of a moratorium for the Old Village area. Planner Dillerud reported Thorbeck has completed the mapping changes which the City paid $1200. The power point presentation will be changed and made ready. Mayor Hunt stated he would like to set a public meeting for possibly in late May or early June. Dillerud advised that if the June date begins our starting point, the second meeting will be held the first or second week in July, and the staff would have a plan probably in August. M/S/P DeLapp/Dunn — to direct the staff to hold the first public meeting the first week of June ... week ending June 13`h. (Motion passed 5-0.) Roy Abbott stated he was opposed to a moratorium as this would put his plan in serious jeopardy. Mike Lynsky LE Business Park Company, stated they developed property 15 years ago and paid for the streets. They have had GB zoning for years and they have let the market dictate what will be planned. Lynsky added that nothing has changed as to what affects his property and the immediate neighbors. They submitted a PUD that consists of two- thirds retail and office use with residential at the west end of the property. He said Thorbeck was showing residential in that corner and retail which is the same as what Lyn sky is proposing. Mr. Lyn sky stated we spent a large enough of money to get to this point and didn't see any reasons for why that process shouldn't go through. Planner Dillerud explained Mr. Lynsky's PUD concept plan is being reviewed now. The question he's dealing with is how GB zoning relates to high density housing. Steve Nelson, representing Mr. Hutchinson, stated his concern is with preserving the value of property and has reservations with transfer of density. They want to sell at this time and have had several developers to work with, but are apprehensive to go forward. Mr. Nelson indicates he saw no further progress than what we had last fall. He was opposed to the moratorium because they would not gain anything. LAKE ELMO SPECIAL COUNCIL MINUTES APRIL 8, 2003 Michael Kula, stated he represents the Schiltgens, who are using their property as they feel at current and highest best use. They remain neutral and are willing to work with the city in designing a plan for the old village, urban and rural mix. He suggested the City made sure there is adequate notice for members of the city to communicate of what they find is best was for the City to come up for a plan. He felt it will be through communication and not through a moratorium. Council member Dunn reported she watched a presentation on planning and transfer of density on Comcast, channel 16 which will be available to answer questions. Staff was gong to check to see if they could get a copy and play it on cable TV. Planner Dillerud will provide at the April 15a' Council meeting a Draft Moratorium Development Ordinance that will delineate the area, but he will leave a blank for the term to be inserted. Council member DeLapp indicated a moratorium is needed to be placed into affect. We have one water system, one septic system and water management system, one 20-40 acre lake, a park, senior center, library, and one road to deal with in Highway 5. We are working on a storm water utility and we are working reducing the costs to residents. He said we heard Met Council say 1 house per 20 acres until sewer pipes are installed. The Met Councils intent is to sewer in stages the entire area. We have made a commitment to look at wetland treatment system and look at it as a utility, sewer aspect. He added that the Council owes it to their residents and property owners. Council member Johnston stated he has not seen the need for a moratorium. Council member Siedow stated he is normally against a moratorium because it has a detrimental affect if instituted. The Council will not take the moratorium off until it gets what it wants. Council member Dunn noted this is a moratorium and not a crematorium. The Council has to bring things in the positive light and not the negative light and be open to things and consider a timeline and what is best for the entire community. Mayor Hunt explained the Council talked about something different and unique and make it such that when you develop you will sell out quickly. The City is working on passing a storm water utility. Hunt said he supports a moratorium and will try to show them benefits. Consideration of a Moratorium in the Old Village Area will be the first agenda item under the Planning, Land Use and Zoning Section. The Council Adjourn the meeting at 6:20 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk LAKE ELMO SPECIAL COUNCIL MINUTES APRIL 8, 2003 2 CITY Of LAKE ELMO 651 /777-5510 3800 Laverne Avenue North / Lake Elmo, MN 55042 LAKE ELMO SPECIAL COUNCIL MEETING TUESDAY, APRIL 8, 2003 5:00 P.M. Lake Elmo City Hall AGENDA 1. Consultant Interview — Fox Lawson 2. Consider Development Moratorium for the Old Village Area 3. Adj ourn 10 printed on recycled paper MINUTES APPROVED: APRIL 15, 2003 LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 I. AGENDA 2. MINUTES: MARCH 18, 2003 (Postponed to April 15°i) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. 50a` Street Speed Survey:Washington County Deputy Halder C. Year End Financial Report and Audit Report 12/31/02 4. CONSENT AGENDA: 5. FINANCE: A. Resolution No. 2003-027 and 2003-028 Approving Claims 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. City Code Amendments — Fire Equipment for Commercial Buildings B. Policy Regarding Fire Department Vehicle Usage C. Amendments to the Open Burning Ordinance 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Shoreland Zoning Variance — Kostelnik B. Decision on Zoning Consultant C. Hill Trail Improvement Appraisal Report D. Village Moratorium Discussion E. Update on Junk Houses 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Administrator Kueffner, Matters and Discussion 12. CITY COUNCIL REPORTS: 6:00 p.m. CLOSED MEETING:Met Council Litigation Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Attorney John Miller, City Engineer Tom Prew, Fire Chief Malmquist and Acting Administrator/City Planner Dillerud. 1. AGENDA Move I IA to 3D. ADD: 9D. Village Moratorium Discussion; 9E. Update on Junk Houses M/S/P Dunn/Johnston — to approve the April 1, 2003 City Council agenda, as amended. (Motion passed 5-0.) 2. MINUTES: MARCH 18, 2003 M/S/P Dunn/Johnston — to postpone action on March 18, 2003 Council Minutes until April 15, 2003 Council Meeting. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 3. PUBLIC INOUIRIESANFORMATIONAL: A. Public Inquiries - NONE B. 50th Street Speed Survey: Washington County Deputy Halder Deputy Halder reported that the Sheriff's Dept. has done a speed study on 50th Street on March 22, 24, and 3I't and found cars traveling between 41-45 mph and one vehicle at 51 mph. Based on this survey, he does not see a problem with speed on 50th Street. A request was made for placement of the speed trailer on Lake Jane Trail. Deputy Halder announced that as of April 15t no ATV vehicles are allowed on state or county ditches. C. Year End Financial Report and Audit Report 12/31/02 Steve McDonald, Abdo, Eick & Meyers, presented the Annual Financial Report for year ended December 31, 2002. Mr. McDonald summarized the information related to the audit in the Management Letter dated February 13, 2003 and reported the City is in good financial position and that it was a good audit. D. City Administrator — Matters and Issues (Moved from 11A.) Mayor Hunt explained that at the March 27th meeting the Council made a motion to reinstate Mary Kueffner as City Administrator, which failed 2-3. Following more discussion, a motion was made to discuss with Ms. Kueffner as to her interest in a position with the city other than City Administrator, or discuss some form of separation package. The Council gave the right for a second hearing to Ms. Kueffner. Mr. Dillerud explained that based on the minutes the hearing was scheduled for April 15, and those were the Draft minutes that were provided to Ms. Kueffner. Mary Kueffner stated she was preparing for tonight's meeting, but when she received the Draft March 27th minutes, indicating she was invited by the Council to the April 15 meeting, she thought she had her dates wrong and did not finish her preparation. Ms. Kueffner said she is interested exploring what was suggested at the March 27 meeting by the City Council, and one other option. She added this was the first time any one from the City has contacted her in any form other than Mr. Dillerud. She asked the Council as to whom they want her to work with as she does not want to negotiate with the City Council in an open forum. Mayor Hunt said that it empowered Mr. Dillerud and Attorney Filla to put together an option of a position and see if she is interested. The intent was not for anythin%to be completed for tonight's meeting, but for discussion to come back at the April 15t meeting. Council member Johnston said there should be one person responsible, and that should be Attorney Filla with Mr. Dillerud assisting. LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 2 Mayor Hunt stated the hearing will be scheduled for April 15, and that Ms. Kueffner had the option of requesting that meeting be closed. Ms. Kueffner stated she may ask that the hearing be closed, but she will contact Dillerud with her preference. Attorney Miller indicated if it's a performance evaluation under state statute the employee has the right to request a closed or open meeting. Kueffner responded she will not pretend this is a performance evaluation as she has not had an evaluation in seven years. Miller added that the second hearing, which is due process, is to give Ms. Kueffner the opportunity to respond. Mayor Hunt formally asked Ms. Kueffner if she had received everything she requested from the City, to which she answered yes. Ms. Kueffner noted that on December 19th she attempted to attend a closed emergency meeting and was not allowed to stay. At that time she said she verbally asked the prosecuting city attorney for written reasons for not being allowed at the meeting. She said she also followed up with a written request to the attorney for the reason she was not allowed to participate as City Administrator in the meeting. She said she also made a written request for this information distributed at the meeting. To date, the City Attorney (Shoeberg) had not responded to her request, nor did he acknowledge her requests. Council member Dunn said after numerous requests for the information that was provided by Mr. Shoeberg at the December 19th meeting, she has not been copied any of the information. Dunn said it is important to get the Madden report before the April 15th meeting to review this report and ask questions. Mayor Hunt recalled the request and will contact Shoeberg to get the letter explaining why the City Administrator was not included in the meeting. Council member Siedow asked if this was the information that was the '/2 inch thick, top secret report that the Council had 14 minutes to review. He, too, would like to see this information again. Mayor Hunt said he will contact Attorney Shoeberg and remind him of his promise and ask for this information by Friday, April 4th. 4. CONSENT AGENDA: 5. FINANCE: M/S/P Siedow/Johnston — to adopt Resolution No. 2003-027 Approving Claim Numbers 137, 138, 23434 through 23478, that were used for Staff/Fire Dept. payroll dated March 20, 2003 and Claim Numbers 23479 through 23518 that were used for Accounts Payable dated April 2, 2003 in the total amount of $111,985.80. (Motion passed 5-0). M/S/P Siedow/Johnston — to adopt Resolution No.2003-028 Approving Claim Number 23536 for the Final Payment No. 8 to Keys Well Drilling Company in the amount of $15,337.75 on March 18, 2003. (Motion passed 5-0). 6. NEW BUSINESS: LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 7. MAINTENANCE/PARK/FIREBUILDING: A. City Code Amendments — Fire Equipment for Commercial Buildings Fire Chief Malmquist has requested that the late 2001/early 2002 proposal regarding enhanced fire fighting/safety for commercial buildings be brought back to the Council for consideration. The Acting Administrator reported that it appeared that the Council adopted modifications to the City Code regarding the provision of building floor plans, hazardous materials inventory, standpipes, exit signs, smoke detectors, and annunciator panels. The Fire Chief had also recommended provisions regarding building lock boxes, but that clause was deleted by Council action from the ordinance that was adopted. The Council directed that the new ordinance not be published pending distribution of the ordinance and solicitation of comments from the Lake Elmo Business Association. Staff was directed to bring a report back to the Council at the second meeting of January, 2002 as to the responses to the ordinance received from the Business Association. The adopted ordinance amendments were distributed to the Association, as directed and negative comments were received on the lock box provision. Council member Siedow said he doesn't like the key stored outside of his building because anyone could gain access to the key. He would rather pay the damage expense for the Fire Department to break into his building. Mr. Siedow said he would be favor adopting the lock box provision for newly constructed commercial buildings. M/S/P DeLapp/Johnston — to include the lock box provision on all new commercial structures and change the effective date as the date of publication of ordinance. (Motion passed 4-0.) Council member Dunn stepped out of the room when the vote was taken. B. Policy Regarding Fire Department Vehicle Usage The Acting Administrator explained that the issues of non -fire department personnel as passengers on fire department vehicles have been raised in the past on several occasions. There needs to be a City Policy governing the circumstance and conditions under which such activity is permissible. Another issue that surfaced in recent years has been the permitted use of the Fire Chief s command vehicle. There is no policy existing in this regard, and a policy should be adopted by the Council to avoid future issues in this regard. Several Council members believed that this command vehicle should not be used as a personal vehicle and asked about the increase in liability insurance for adding more people and the possibility misuse. Council member DeLapp asked how many miles of vehicle time in personal use are we talking about ... we should get some statistics. LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 M/S/P Johnston/Hunt — that the policy regarding the Fire Department Vehicle Usage will go in affect if the City Administrator finds out there are no problems with this usage and there is not an increase in rate from the insurance carrier for liability insurance. (Motion passed 5-0). The Council suggested holding a joint meeting to discuss such items as the personal Use of the Fire Department command car and charging for false alarms. The Fire Chief will contact the Mayor with an available meeting date. C. Amendments to the Open Burning Ordinance Fire Chief Malmquist recommended amendments to the City Code regarding permits for open burning. Those amendments: 1. Reduce the distance required from any non -recreational burning to any structure from the present 600 feet to a proposed 300 feet. 2. Reduce the allowable dimensions of a "recreational fire" from 3 feet in diameter and 3 feet I height to 3 feet "square" and 3 feet in height. In addition, Chief Malmquist proposed raising the Open Burning Permit fee from the present $20 to $35 for residential permits and $70 for commercial permits. No Burning Permit Fee is currently listed on the Fee Schedule. The new fees must be added to the City Fee Schedule. M/S/P Dunn/DeLapp — to adopt Ordinance 97-116, amending Section 810 of the City Code regarding regulations for Open Burning. (Motion passed 5-0. M/S/P Dunn/DeLapp — to adopt Resolution 2003-029, amending the fees for Open Burning Permits from $20 to $35 for residential permits and $70 for commercial permits, as split between the City and Fire Chief. (Motion passed 5-0.) Fire Chief Malmquist reported the following: A. Applied for a FEMA Grant, B. Jeff Anderson resigned from Fire Dept. for personal reasons, C. Attend the National Fire Academy, D. Emergency calls have increased from last year at this time and E. Cutting back some of the responses to non -emergency calls. Mayor Hunt asked that Fire Chief Malmquist keep the Council informed regarding responding to biological and radioactive issues for the department. 8. CITY ENGINEER'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 9. PLANNING, LAND USE & ZONING: A. ShorelandZoningVariance— Kostelnik At the March 4 meeting the Council directed staff to draft a resolution with Findings approving a variance for Roger Kostelnik at 8098 Hill Trail to enclose an existing deck and construct a secondary deck, all within the 100 foot setback from the OHW. Mr. Kostelnik requested in writing that the matter be deferred to the April 1 Council agenda due to his inability to attend the March 18 Council meeting. M/S/P Siedow/Johnston — to approve Resolution No. 2003-030 Approving a Shoreland Zoning Variance for Roger Kostelnik at 8098 Hill Trail North to enclose an existing deck and construct a secondary deck. (Motion passed 3-2:Dunn: We should review and change the code for interpretation of the shoreland variance requirements; DeLapp:This property has been put to reasonable use for 50 years without granting a variance.) B. Consultant Selection - Zoning Ordinance The City Planner reported the Council and Planning Commission have interviewed the two firms responding to the City's RFP to prepare a new zoning ordinance. Several options were available to the Council. M/S/P DeLapp/Dunn — to direct the City Planner to reject the two proposals as presented and reopen the proposal phase and come back with a firm recommendation as to what form the assistance should take, cost, and when it could be accomplished. (Motion passed 5-0). C. Appraisal of Benefit — Street Reconstruction Projects On March 18, Acting Administrator Dillerud reported that the City had received the appraisal ordered late last year. The question was to what degree the proposed future street reconstructions/improvements could be determined to financially benefit the properties abutting those improvements. Dillerud pointed out on Page 15 of the appraisal report showing some benefit findings are somewhat higher than our existing assessment rate; and, some are significantly lower. City Engineer, Tom Prew was asked by the Acting Administrator to revisit the Hill Trail project for some middle ground ... a project short of reconstruction, but beyond a simple overlay that would improve the street surface and drainage problems, and have a reasonable life. Prew had advised that the City still had time to bid this project. The City Engineer will have an alternative approach and costs at the April 15 meeting, including a schedule to complete the project yet this season. LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 D. Moratorium on Old Village Area Council Member DeLapp raised the question as to whether the City should entertain a Development Moratorium for land surrounding the Old Village that is the subject of the on -going Old Village Neighborhood Deign Study by the City. The City Planner explained the purpose of such a moratorium was to postpone consideration of applications for City a review of individual property owner development proposal, pending completion of the Old Village Neighborhood Design Study. The concern raised by some Council members was that such individual development proposals may be contrary to the overall Old Village Plan outcomes, even though potentially responsive to existing City Planning and Zoning regulations for these areas. Planner Dillerud reported that he and Mayor Hunt met with the four major land owners that could be affected by the Old Village Plan and gave them a preview of what Thorbeck is planning. The Council had scheduled a workshop for 5 p.m. on April 81h to interview Fox Lawson and asked that discussion on the moratorium proposal be added to the agenda. The Council asked Mr. Dillerud to contact each of the four major land owners that could be impacted by such a Moratorium to attend this workshop. Council member Siedow indicated if the majority of the landowners are not in favor of a moratorium, that is 3 out of the 4, he would not vote in favor of a development moratorium. 10. CITY ATTORNEY'S REPORT: The Acting Administrator reported he talked to the prosecuting attorney on the Hilyar house regarding obtaining a lien check, but there are too many tax liens ahead of us. Attorney Shoeberg will contact federal and state tax people and see if they intend to foreclose and if we could work together. Also, he is looking into the possibility of considering the house a hazardous bldg and the Fire dept. could be burn the house down. A report will be provided in two weeks, 11. CITY ADMINISTRATOR'S REPORT: A. Administrator Kueffner, Matters and Discussion —MOVED to 3D. 12, CITY COUNCIL REPORTS: Mayor Hunt reported he attended the legislative hearing on Representative Lipman's bill for highway improvements on Highway 5; and, also, Representative Lipman's town hall meeting held at the Machine Shed geared to local issues. The Lake Elmo Business Assoc has requested $500 contribution for the new printing of 1000 Lake Elmo Residents Guide. M/S/P Dunn/Siedow - to approve a $500 contribution for new printing of Lake Elmo residents guide to include an acknowledgement of the city being a contributor. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003 7 Council member DeLapp said he toured Boutwells Landing and found it to be an impressive place. He handed out a publication entitled "Safeguarding Community Character" a Gateway Communities Course which will be copied and sent to the Planning Commission. Council Member Dunn advised the Council that Maryjanne Vandemmeltraadt, long time Lake Elmo resident and election judge, passed away. Council member Siedow presented a copy of the Stillwater Gazette and referred to an article reporting that the appropriate people at the City of Lake Elmo knew about the incidents brought forth at the March 27th Council meeting. Siedow said he felt he was an appropriate person, but he had no knowledge about any of this background information. M/S/F Siedow/Hunt — to advertise for a City Administrator immediately. (Motion failed 1-4:Hunt, Johnston, Dunn:this motion is totally inappropriate and should have been discussed with the personnel committee, DeLapp:this item was not on the agenda, obviously planned in advance to add to the agenda, and should have been reviewed by the city attorney.) The Acting Administrator said he would set up a meeting with two to three firms for engagement of a firm for selection of a city administrator. City Attorney Miller advised if the Council was to discuss this item the agenda should be amended to include discussion on advertising for a City Administrator. M/S/F Hunt/Siedow - to add to the April 15th agenda the search for a new City Administrator. (Motion failed. 2-3:Dunn, DeLapp Johnston:Not supportive of this motion at this time.) The Council Adjourn the meeting at 9:44 p.m. -------------------------------------- Respectfully Submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-027, 028 Approving Claims Resolution No. 2003-029 Amending Fees for Open Burning Permits Resolution No. 2003-030 Approving Shoreland Zoning Variance for Roger Kostelnik Ordinance No. 97-116 Amending Section 810 Open Burning LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2003