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LAKE ELMO CITY COUNCIL MINUTES <br /> FEBRUARY 2, 2016 <br /> <br /> <br />Page 2 of 5 <br /> <br /> <br /> <br />PRESENTATIONS <br />None <br />CONSENT AGENDA <br />2. Approve Payment of Disbursements <br />3. Lake Elmo Avenue Trunk Watermain Improvements – Change Order No. 2 <br />4. Lake Elmo Avenue Trunk Watermain Improvements – Compensating Change Order <br />No. 3 <br />5. Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 6 (FINAL) <br />6. Downtown Phase I Improvements – Approve Cooperative Agreement Payment No. 1 <br />7. Approve Driveway Encroachment and Maintenance Agreement moved to Regular <br />Agenda <br />8. Accept Building Safety Department Statistics Report <br />9. Clarification of Employment Status of City Council Members Moved to Regular Agenda <br /> <br />Consent Agenda approved as presented. <br />REGULAR AGENDA <br /> <br />ITEM 7: Approve Driveway Encroachment and Maintenance Agreement <br /> <br />Councilmember Smith requested that the property owner replace trees that were removed at the <br />entrance of the driveway. The applicant was present and agreed to replace trees. <br /> <br />Motion TO APPROVE THE DRIVEWAY ENCROACHMENT AND MAINTENANCE <br />AGREEMENT FOR JEERASAK POOPHAKUMPANART TO INSTALL A DRIVEWAY <br />WITHIN AN UNIMPROVED PORTION OF THE PUBLIC RIGHT OF WAY OWNED BY <br />THE CITY. Motion passed 4 – 0. <br /> <br />ITEM 9: Clarification of Employment Status of Councilmembers <br /> <br />Interim Administrator Schroeder reported that many cities, such as Stillwater, classify City <br />Council Members as employees, particularly as the city becomes larger. City Attorney Sonsalla <br />added that the City Council Members would be treated as employees also for purposes of data <br />practices. <br /> <br />Mayor Pearson, seconded by Councilmember Lundgren, moved that FOR THE PURPOSES <br />OF INSURANCE LIABILITY COVERAGE, CITY COUNCIL MEMBERS SHOULD BE <br />TREATED AS EMPLOYEES OF THE CITY. <br /> <br />Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE <br />PRIMARY MOTION BY INSERTING “MN STATUTES CHAPTER 13” AFTER “FOR THE <br />PURPOSES OF.” Motion passed 3 – 1. (Pearson – nay)