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D. Appointment of City Engineer <br />In his letter dated December 31, 2001, Tom Prew expressed an interest in reappointment <br />as the City Engineer and provided a new schedule of billing rates. The Council received <br />a copy of the February 2, 1988 Agreement between the City and TKDA and a copy of the <br />2001 billing rates. <br />M/S/P DeLapp/Armstrong — to appoint Tom Prow/TKDA as the City Engineer and <br />approve billing rates for 2002. (Motion passed 5-0.) <br />F.(1)Appointment of City Attorney (Civil) <br />M/S/P Armstrong/Dunn - to appoint Jerry Filla, Peterson, Frain & Bergman, as the City <br />Attorney for Civil matters. (Motion passed 5-0.) <br />(2)Appointment of City Attorney (Criminal) <br />Council member Dunn stated she has not seen updates on the ongoing complaints and <br />would like a more timely response. The Building Official indicated his unhappiness with <br />the untimely response of this attorney. The Council would like the staff to meet with <br />Attorney Shoeberg to work out its concerns and receive an update on resolutions to <br />outstanding complaints. <br />M/No Second Armstrong/No Second — to appoint Kevin Shoeberg as City Attorney for <br />criminal matters for the City of Lake Elmo <br />M/S/P Siedow/Armstrong — to delay for 30 days the appointment of Kevin Shoeberg as <br />the City Attorney for criminal matters in order to meet with him and work out concerns <br />and receive an update on resolutions to outstanding complaints. (Motion passed 5- 0.) <br />G.Appointment of Financial Advisor <br />M/S/P Armstrong/DeLapp — to appoint Juran & Moody as the City's Financial Advisor <br />for 2002. (Motion passed 5-0.) <br />H.Appointment to Planning Commission <br />The terms of Rod Sessing, Jeff Berg and Todd Ptacek expired on December 31, 2001. <br />Rod Sessing and Todd Ptacek have asked to be reappointed to three year terms. The City <br />also received a letter of resignation from Kevin Herber, who term would have expired on <br />December 31, 2003. <br />Council member Dunn talked to Kevin Herber who has withdrawn his resignation letter <br />and the City should be receiving a letter of retraction. Council member Armstrong noted <br />Mr. Herber has attended only half of the number of meetings. <br />LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2002 4 <br />