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LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 7 of 14 ITEM 16: CONSTRUCTION OBSERVATION SUPPORT SERVICES – RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD City Engineer Griffin explained the item. This Joint Powers Agreement with the City of Maplewood deals with the Keats MSA and Trunk Watermain project. Work on this project is set to begin soon. One of the services provided for this project from an engineering level is having a construction observer/inspection on site with the contractor to oversee all aspects of the project. Generally, this service is provided by a highly trained engineering technician. Staff has learned that the City of Maplewood has delayed their 2013 street improvement project and they have a technician on their staff that would be short of work. Staff approached Maplewood about entering into a Joint Powers Agreement to utilize personnel from Maplewood to do the service for this project. Staff negotiated a contract with Maplewood which will save the City of Lake Elmo roughly $20-25K over the course of the entire project. Mr. Griffin also noted that this Joint Powers Agreement was approved by the City of Maplewood at their City Council Meeting on April 19th. Council Member Nelson thanked City Engineer Griffin for connecting the dots on this and saving the City quite a bit of money. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2013-038, APPROVING THE JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD FOR THE UTILIZATION OF ENGINEERING SUPPORT STAFF. Council Member Smith seconded the motion. MOTION PASSED 5-0. Mayor Pearson recessed the meeting at 8:36 and reconvened at 8:44. ITEM 17: WATER SURFACE USE AMENDMENT §97.21(B)(1)(b) REVISION City Administrator Zuleger spoke about help that the City of Lake Elmo has received from neighboring cities such as Oakdale, Hugo, Maplewood and Stillwater. He thanked all these cities for working with us on various issues. Mr. Zuleger also thanked staff for all their hard work tonight and leading up to getting all the work done that was passed tonight. Mr. Zuleger presented information on questions that staff had answered regarding the Water Surface Use Ordinance from the previous Council Meeting. Mr. Zuleger noted that at the request of Mayor Pearson, staff held meetings with the Washington County Sheriff’s Office, the Minnesota Department of Natural Resources, MnDNR lake biologists, as well as some lake biologists from Wisconsin to better understand our issues. Mr. Zuleger also recapped of the April 16th meeting in which 57 residents spoke on the proposed surface water use ordinances changes, with 51 being opposed to any change, as well as the petition presented in which 98% of signers opposed changes. City Administrator Zuleger recapped a meeting held with the DNR on April 30th. Major findings from this meeting include: • City has primary authority to set surface water use regulations on lakes within its jurisdictional boundary with DNR review • the DNR review includes basic tenants of safety, equality and fairness of use, and public sentiment; • DNR review will include talking to enforcement staff who have knowledge of these particular lakes;