06-17-03 CCM - Laserfiche WebLink

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M/S/P Dunn/Johnston — to adopt Resolution No. 2003-050, A Resolution approving Partial Payment No. 5 to Tower Asphalt for Eagle Point Boulevard Phase I in the amount of $31,570.03. (Motion passed 5-0. M/S/P Dunn/Johnston — to adopt Resolution No. 2003-051, A Resolution approving Partial Payment No. 2 to Tower Asphalt for Eagle Point Boulevard Phase II. (Motion passed 5-0). 9. PLANNING, LAND USE & ZONING: A. 201 Wastewater System Evaluation The City Council received a copy of the North American Wetland Engineering report on 201 Wastewater Facilities Evaluation dated April 29, 2003. The City Planner summarized that the report finds all of the 201 systems in good functional condition. The "fixes" recommended are all minor in nature and can be accomplished by the City's crews. The Planner credited the year-to-year maintenance of the 201 system by Mike Bouthilet as the major reason for the excellent condition of the systems nearly 20 years into their life. M/S/P Dunn/Johnston — to receive the April 29, 2003 Report of NAWE regarding the City 201 systems; and authorizing the Public Works Department to accomplish the minor repairs required as time permits. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: A. Kevin Shoeberg Contract Extension Attorney's Shoeberg's contract for prosecution services to the City was extended by the Council for 90 days at the meeting of March 19, 2003 and will expire on June 1 gth Council member Johnston stated he would like a better understanding of the recommendation for course of action made at the December 19th Emergency meeting Attorney Shoeberg responded that the first thing he intended to do was getting the allegations of theft to the Council and didn't make any judgment on the merits of it. He said he did what any other municipal attorney would have: given advice to have someone independent review the case to protect the City of any appearance of impropriety. The allegations he had received were very serious and that when you have those issues, in the light of Enron and all the things that are occurring, there is a lot of scrutiny on a public entity. He said he called the December 19 Emergency meeting after an employee advised him of plans to report the allegations to the state auditor Council member Dunn stated she believed Attorney Shoeberg presented the allegations as very horrible, sky -is falling kinds of stuff. She said she had asked Attorney Shoeberg many times to see the file that was presented to the Council in attendance at the December 19t" Emergency meeting, was told by Shoeberg she could see the file, but was never allowed to. Council members Siedow and Johnston noted they felt Attorney Shoeberg overreacted to the allegations, and they were disappointed with how the LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 6