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D. CDBG Application, Resolution No. 2005-139 <br />The City Planner reported Washington County is soliciting 20006 CDBG applications <br />from communities. To date the City has received CDBG contract obligations totaling <br />$120,000 for the Cimarron Gas Service Replacement Program. He said that program is <br />underway, with eligibility interview complete for the initial block of 200+ homes and out <br />of that group, 62 homeowners have been interviewed and as many as 54 will be eligible <br />for grant assistance. Work will commence on those homes in early 2006. <br />The Planner explained depending on the outcome of the re -solicitation of bids for the <br />work, it appears that the $120,000 now under contract will be sufficient to complete the <br />work on well under 100 homes. He suggested the Council consider again applying for <br />CDBG funding to both inspect the balance of the CDBG units and to provide further <br />grant funds for additional eligible home owners from the Phase 1 group and the group <br />that results from the additional inspections. A suggested $80,000 is applied for from the <br />2006 CDBG program. <br />M/S/P Johnston/Johnson - to adopt Resolution No. 2005-139, A Resolution Approving <br />the City's 2006 CDBG application. (Motion passed 5-0). <br />10. CITY ATTORNEY'S REPORT: <br />A. Council Discussion Public Communication Personnel Issues — Council <br />Member Johnson — verbal <br />With the variety of meetings we have, Council member Johnson voiced her concern that <br />many times they talk about situations in the City and try to identify what has been done <br />or not done, and sometimes come close to violating personnel laws in questioning staff <br />performance rather than generalizing. Attorney Filla explained from a legal standpoint <br />employees are entitled to a performance evaluation at a non public setting. If you step <br />over the line, the rights of the employee are not being upheld. <br />B. Update on Closed Meeting <br />Attorney Filla reported on the closed meeting where he met and talked about issues in the <br />Sessing lawsuit, things that should be expanded in the lawsuit and things that came up <br />that the Council thought should be discussed at a public meeting such as: <br />(1) Size of Garage to Residential Dwelling <br />(2) Allowed Uses for Side Yard Setback <br />(Please refer to the December 5, 2005 letter from Jerry Filla, which is made part of these <br />minutes, for his review on these sections of the code.) <br />Size of Garage to Residential Dwelling_ <br />Attorney Filla summarized the information he stated in his letter dated December 5, <br />2005. He also stated that based on information he has shared in the past, terminology in <br />the code book is inconsistent or not clearly defined in regards to accessory building, <br />LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 9 <br />