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HomeMy WebLinkAbout06-17-03 CCMMayor: Lee Hunt Lake Elmo City Council Councilmembers: 3800 Laverne Avenue No. Steve DeLapp Tuesday Lake Elmo, MN 55042 Susan Dunn 777-5510 777-9615 (fax) Dean Johnston June 17 2003 Chuck Siedow Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes June 3, 2003 3. PUBLIC INQUIRIESANFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion A. Request for Meehan Family for an under a Consent Calendar format. There will be no separate Extension of Time to Record Final Plat discussion of these items unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 5. FINANCE Tom Bouthilet A. Resolution 2003-053 Approving Claims 6. NEW BUSINESS A. Watering Restrictions Resolution 2003-054 7. MAINTENANCE/PARK/FIItEBUILDING: A Maintenance Advisory Committee Recommendations -Grass Rig; B. Maintenance Advisory Committee Recommendation — Fire Gear Washer Lake Elmo City Council Agenda June 17, 2003 Paee 2 C. Maintenance Advisory Committee Recommendation — Turn Out Gear D. Update on Fire Dept. Activities: Chief Malmquist E. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: Tom Prew A. Resolution No. 2003-055 Approving Plan and Specifications & Order Advertisement for bids for Hill Trail and 50`" Street N. B. Resolution No. 2003-056 Final Payment for Pump House No. 2 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Request for "No Parking" Zone — Jane Road North 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. City Council Retreat B. Schedule Executive Session Regarding METC Litigation 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow MINUTES APPROVED: JUNE 17, 2003 LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 1. AGENDA 2. MINUTES: May 20, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA: 5. FINANCE: A. Resolution 2003-047 Approving Claims 6. NEW BUSINESS: A. Introduction of Resolution: Council member Johnston (Removed from Agenda) Agenda Item Added: Facilitator for Council Retreat 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: Truckster Replacement/Purchase B. Resolution No. 2003-049:Advertise for Bids for Carriage Station and Park Ridge 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Hill Trail Reconstruction:Resolution No. 2003-048 Order Improvement and Preparation of Plans B. Resolution No. 2003-050 and 2003-051 Partial Payment to Tower Asphalt: Eagle Point Blvd. Phase 1 and Phase 2 9. PLANNING, LAND USE & ZONING: A. 201 Wastewater System Evaluation 10. CITY ATTORNEY'S REPORT: A. Kevin Shoeberg Contract Extension 11. CITY ADMINISTRATOR'S REPORT: A. Personnel Actions -Evaluations and Pay Plan Salary Progression B. Recommendation to Hire Building Inspector/Water Technician C. Finance Committee Meeting D. Report from Personnel Committee E. Washington County "All Hazard Mitigation Plan" Resolution No. 2003- 052 F. Met Council Issues 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud 1. AGENDA Move Public Hearing for Hill Trail to 3B., Council member Dunn suggested deleting 6A. and suggested setting up a Council retreat workshop. LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 M/S/P Dunn/Hunt — to Strike 6A. Introduction of Resolution to Censure (Motion passed 3-2:Siedow, Johnston). ADD I ID. Report from Personnel Committee. 11E. Washington County All Hazard Mitigation Plan, I IF. Met Council Issues. M/S/P Dunn/Johnston - to approve the June 3, 2003 City Council agenda, as amended. (Motion passed 4-1 Siedow:Not in favor of deleting 6A, Johnston said it was his understanding he can bring this item up under council reports.). 2. MINUTES: May 20, 2003 M/S/P Johnston/Siedow - to approve the May 20, 2003 City Council minutes, as amended. (Motion passed 4-0-1:Abstain:Hunt). 3. PUBLIC INQUIRIESIINFORMATIONAL: A. Public Inquiries Lake Elmo Library: Paul Ryberg, 11326 30th Street N., said he has attended the Friends of Lake Elmo Library Committee meetings and suggested the option of renting a modular building from GE at rental fee of $700/month for temporary housing of the Lake Elmo Library. These modular buildings can come with a unisex bathroom with a pump out system. Council member DeLapp suggested looking into an already existing house. Because it's a temporary facility ADA rules may be relaxed. The Council was in favor of exploring this option, with a possible location, of the vacant lot owned by John Schiltz, Lake Elmo Inn, because of its close proximity to City's 201 off -site septic system. Mike Bouthilet will contact John Schiltz. Reid Park: Paul Ryberg, 11326 30`" Street N., reported there are dogs running and ATV's being ridden at Reid Park. The Parks Supervisor responded the City has a leash law and appropriate signage could be installed. 4. CONSENT AGENDA: 5. FINANCE: A. Resolution 2003-047 Approving Claims M/S/P Dunn/Siedow — to adopt Resolution No. 2003-047 approving Claim Numbers 148, 149, 23800 through 23814 that were used for staff payroll dated May 29, 2003 and Claim Numbers 23815 through 23855 in the total amount of $34,046.08. (Motion passed 5-0). 6. NEW BUSINESS: A. Introduction of Resolution: Council member Johnston Mayor Hunt suggested holding a session for Council goal setting. He added the Council needs to focus on what does and what the residents need us to do. Items to be discussed: City facilities, such as, a new city hall, trails and bike paths; what are the most important LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 things for the City; and, personal desires for the City today. The Mayor noted there is a lot of division on the Council and he believed a retreat would be a much more positive way to seek a change and suggested the Acting Administrator contact the League of MN Cities for facilitator recommendations for this retreat. M/S/P Dunn/Siedow - to direct the staff, as its 91 priority, to contact the League of Minnesota Cities to help organize a facilitated Council retreat. (Motion passed 5-0). 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: Truckster Replacement/Purchase The Cushman Truckster originally donated was scheduled to be replaced in 2002. The replacement truckster was in the approved 2002 CIP at $20,000 as 2002 expenditure; and, also in the 2003 CIP as 2003 expenditure at $20,000. The MAC Committee was presented three options and determined that the automatic transmission unit would best meet the City's needs. In addition, a mid mount grader blade is also recommend for purchase by the Parks Supervisor and the MAC. Sun Turf is the only distributor to offer this option. Cost for the mid -mount grader is $1,400.00. TOTAL: $21,310.00. The MAC Committee also recommended that the old unit be sold to the Lake Elmo baseball for the trade-in price of $1,200.00. M/S/P Dunn/Siedow - to approve the purchase of a truckster vehicle for the Park Department from Sun Turf at a price of $21,310 plus tax that will come from the Parks equipment fund. (Motion passed 5-0). M/S/P Dunn/Siedow — to approve the sale of the retired truckster to Lake Elmo Baseball at $1,200.00. (Motion passed 5-0). B. Resolution No. 2003-049:Advertise for Bids for Carriage Station Ridge and Park In 2002, the Park Commission recommended adding a softball field to Ridge Park in Parkview Estates. A grading plan was prepared and bids submitted. Because only one bid was submitted, and due to the lateness in the season the City Engineer and Parks Supervisor recommended to solicit new bids this year. There were requests from residents in Carriage Station to develop a tot lot neighborhood park. The Council authorized the City Engineer to draw a concept plan. The Parks Commission looked at the costs analysis and recommended that the Parkview and Carriage Station projects be combined and bids solicited. There are several amenities on the Carriage Station plan the Parks Commission would like to consider as bid alternates. The City Planner explained the Carriage Station Tot Lot is a new project and not in any CIP. The trail portion of this project should be considered to be in the approved 2002 CIP since $50,000 undesignated "trails" allocation was in that 2002 CIP. The unapproved 2003 CIP allocated $250,000 to a trail project along 20a' Street. The City LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 Engineer and Planner agreed that this trail project be completed concurrent with the 20th Street reconstruction at later date. The Planner suggested that combining of Ridge Park and Carriage Station projects would result in enough project scale to bring in multiple bidders, and lower unit costs. The grading of the Carriage Station tot lot will require importing fill materials, and it will be specified that this fill must include the street sweepings the City now stores on the leased Olinger property. The Parks Commission is concerned with the estimated costs for the tot lot. For this reason, the Commission has specified bidding alternates for some plan features. These alternate features may be deleted or added to the project based on overall projects costs reflected by the bids. Funding for both projects would be from the Park Dedication Fund. M/S/P Dunn/Siedow — to adopt Resolution No. 2003-049, authorizing the City Engineer to advertise for bids for construction of the Ridge Park and Carriage Station park projects. (Motion passed 5-0.) 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Hill Trail Reconstruction:Resolution No. 2003-048 Order Improvement and Preparation of Plans The City Engineer gave a brief summary on the Hill Trail and 50`h Street North Street Reconstruction Plans. Current acceptable drainage patterns will be matched as closely as possible within the projects. At the intersection of 50"' Street and DeMontreville Trail, there is a significant problem with washouts along the edge of the road due to the steepness of the streets and the large amount of drainage area. Prew explained that, with the reconfiguration of that intersection, they will be able to add catch basins and storm sewer piping to transport this water toward the lake. He proposes a small sedimentation basin near the lake to capture road sand before it is discharged into Lake Olsen. Valley Branch Watershed and DNR approval will be needed before proceeding. On the east side of Hill Trail, about 200 feet north of 50th Street, there is a small area of City owned property that would make a good area for an infiltration basin. Runoff from this area would be directed there prior to discharge into Lake DeMontreville. The cost of the project is $450,000. Tom Prew explained the project will be funded through the City's street infrastructure fund and through assessments to benefiting properties. The current assessment policy allows the City to assess project costs onto property owners based on the increase to the value of those properties involved in the project. The City completed an appraisal of the properties in this neighborhood and determined that the maximum assessment for this project is $2,500.00 per parcel. Mayor Hunt called the Public Hearing to order at 7:32 p.m. LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 Ken Isaacson, 8009 Hill Trail, stated he thought there was a state statute that prevented the county from draining runoff water onto a city street. He felt Washington County should address the water runoff from the county road. It should not be the City's burden. He said there is a settling pond proposed on his property. He just gave a 50 foot easement, so now this easement will go through a settling pond. The City Engineer responded that he was not aware of such a state statute. The planner advised residents to meet with him to discuss if their lot is buildable or not. Roger Johnson, 8048 Hill Trail, stated the road is not a significant problem now, and spending $450,000 sounds like an illogical thing to do. He asked the Council to table the entire project and delay the project for a year. The Council would be putting their heads in the sand if we don't look into the cost of installing city sewer and water under this road. This information and cost should be brought back before a decision to proceed with the project. Mayor Hunt responded that there is no Met Council sewer available in the Tri Lakes Area. Council member DeLapp stated that if public sewer were installed and zoning changed to urban densities the areas rural character would be gone. Bud Talcott, 8051 Hill Trail, stated he opposed the street reconstruction. The 18 foot and 20 foot road widths are not the City standards for road widths, and we would be creating runoff problems. Mayor Hunt closed the Public Hearing at 7:38 p.m. The Council asked the City Engineer to investigate construction of rain water gardens instead of holding ponds; work with Washington County on water surface runoff at the intersection of 50t" Street and Hill Trial; and schedule the overall timing of the second course of asphalt for 2004. The City Engineer will also check on what trees are in the proposed holding pond. M/S/P Johnston/DeLapp —to adopt Resolution No. 2003-048, A Resolution Ordering Improvement and Preparation of Plans for the Improvement of Hill Trail North and 50`h Street North with an added Conditions 5. Tom Prew is hereby directed to investigate construction of rain water gardens instead of holding ponds; work with Washington County on water surface runoff at the intersection of 50" Street and Hill Trail; and schedule the overall timing of the second course of asphalt for 2004. (Motion passed 5-0). B. Resolution No. 2003-050 and 2003-051 Partial Payment to Tower Asphalt: Eagle Point Blvd. Phase 1 and Phase 2 In his memo dated May 30, 2003, the City Engineer recommended approval of Partial Payment Certificate No. 5 for Eagle Point Boulevard Phase I and approval of Partial Payment Certificate No. 2 for Eagle Point Boulevard Phase II. LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 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 attorney advised the Council to handle these allegations, which a Madden Report and law enforcement later ruled as baseless. Bodziak House: Attorney Shoeberg presented pictures showing shingles on the roof and progress being done on the addition. He said as long as progress is made no regulatory action will be taken. M/S/P Johnston/Siedow — to extend Kevin Shoeberg's contract until the end of June to allow for a smooth transition to Jerry Filla's firm, Peterson, Frain and Bergman for the balance of the year. (Motion passed 3-2:Mayor Hunt said he considered Attorney Shoeberg's advice on the course of action for the investigation was a good suggestion and Shoeberg has done a good job for the City; Council member DeLapp said he didn't see any reason for change. He said Shoeberg has done an exceptional job for the City and has received supporting documentation to that fact Council member Dunn asked if signs declaring guns aren't welcome here should be installed in all City facilities. The Acting Administrator said the Council made a motion to amend the Personnel Policy. Attorney Filla stated we can put the signs up before an ordinance can be drafted. 11. IA The Acting City Administrator reported he has completed Annual Performance Evaluations for four city employees that have passed their anniversary dates of City employees. He said the evaluations were not attached and asked if the Council wanted to review them. The Council responded it did not need to see the employee evaluations. The Acting Administrator asked if the Council wanted him to bring recommendations of step increases to the Council. The Council responded they would like to see the information, but, this did not take Council action. Mr. Dillerud noted the new policy is the Council does not need to see the employee evaluations, but will bring to the Council information regarding the steps that have been granted. M/S/P Siedow/Johnston — to approve the Administrator's recommendations regarding salary progressions, and retro pay to the respective anniversary dates, for Sharon Lumby, Tom Bouthilet, Kimberly Schaffel and Jim McNamara, based on annual Performance Evaluations completed by the Administrator, and on file in the respective Personnel Records. (Motion passed 5-0). B. Recommendation to Hire Building Inspector/Water Technician On May 6, 2003, the Council authorized creation of the new City staff position of Building Inspector/Water Technician; and, also authorized the Acting Administrator to recruit candidates for the new position. All existing City employees were notified of the position opening. The only applicant for the position was Karl Horning who is a certified building inspector that has served the City as a part time contract building inspector since LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 7 June, 2002. Jim McNamara, Building Inspector, recommended Karl be hired as the Building Inspector/Water Technician at a step 4 of the 7 step pay plan ($3,007 per month). M/S/P DeLapp/Siedow — to authorize the Acting City Administrator to offer Karl Horning the position of Building Inspector/Water Technician at Step 4 of the Pay Plan with a corrected slay of $3,007 per month for that position, with the understanding that Mr. Horning will obtain a Class D or higher water system license by the first anniversary of his hire date as a full time employee of the City. The normal Orientation Period will apply per the City's Personnel Policy. (Motion passed 5-0). C. Finance Committee Meeting The Acting City Administrator will set up approximate dates and time and send to the committee for selection. D. Human Resources Committee Meeting Minutes The Council received the May 27"' Human Resources Committee Meeting Minutes prepared by Council member Johnston. The policy for approval of these minutes in the future will be by the entire Council M/S/P DeLapp/Johnston — to approve the May 27, 2003 Human Resources Committee Meeting Minutes, as submitted. (Motion passed 5-0) E. Hazard Mitigation Plan The Council supported the Washington County mitigation planning effort and wished to join with the County in preparing the plan and recognizes that the plan will apply within the city. M/S/P DeLapp/Johnston — to adopt Resolution No. 2003-052, A Resolution to Participate in a Hazard Mitigation Planning Process. (Motion passed 5-0.) F. Met Council Issue Mayor Hunt and Acting City Administrator Dillerud met with Met Council Chairman Peter Bell and Regional Administrator Tom Weaver to discuss framework for a possible solution. The Mayor and Acting Administrator Dillerud will meet with Bell and Weaver on June 10`". The Planner stated Attorney Nowlin filed a brief with the Court of Appeals on Thursday. He said the City of Hanover has a similar problem as Lake Elmo. They have gone to the Court of Appeals, but no decision has been rendered as yet. 12. CITY COUNCIL REPORTS: Mayor Hunt noted the following meetings: LAKE ELMO CITY COUNCIL MINUTES JUKE 3, 2003 *Scenic St.Croix Valley Regional Tourism Alliance meeting, Windjammer Restaurant, June 4 11 a.m. *MCES Planning and Budget Breakfast Meetings: 6/10 Golden Valley, 6/12 Roseville, 6/1 Apple Valley. *Fitness Walk, Lake Elmo Regional Park, June 7th Council member Dunn asked that the ATV regulations be placed cable TV. She thanked Parks Supervisor, Mike Bouthilet for his assistance in their company picnic at Pebble Park, and they hope to come back next year. She is serving on the Highway 5 Task Force, and was advised funding has been found for a temporary light at the Intersection of CSAH17 and Highway 36. She received an E-mail from a resident regarding the City not having an exemption from the watering ban on new lawn. Dunn asked if the City has a policy on tree replacement because Mulligan Masters has dead trees on their berm. Klondike Avenue Street Sign Acting City Administrator reported he received a letter from MnDOT addressing the City's request indicating they will not be removing the newly installed Klondike Avenue street sign. He called Rick Arnebeck who apologized for giving us a positive spin that we could do this. Council member Dunn responded we will have to bring it up to another level. Council member Johnston complimented Greg Huff, Stillwater Gazette News Editor, on his article, which is attached to these minutes, regarding his submitted resolution to the Council to censure Council member DeLapp for unprofessional conduct and behavior. Johnston said he has optimism and hopes to declare success on what can be accomplished at the Council retreat. Council member Siedow reiterated the Council has to do something because this unprofessional behavior cannot continue. He pointed out that the new flag at the ball field is not lighted. Dillerud responded the City does not know who put it up, and the flag will not be lighted or we will have to take it down after dark. Siedow sent out prayers for the Lake Elmo family of the victim of the carjacking/shooting. Adjourn 9:30 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-047 Approving Claims Resolution No. 2003-048 Ordering Improvement and Preparation of plans for the Improvement of Hill Trail N. and 50a' Street N. Resolution No. 2003-049 Advertise for Bids for Carriage Stain Ridge and Park Resolution No. 2003-050 Approving Partial Payment No. 5 to Tower Asphalt for Eagle Point Boulevard Phase I Resolution No. 2003-051 Approving Partial Payment No. 2 to Tower Asphalt for Eagle Point Boulevard Phase II Resolution No. 2003-052 Participate in Hazard Mitigation Planning Process LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2003 Lake Elmo council declines to censure member, plans a council retreat instead City Council Member Dean Johnston wanted to censure Steve DeLapp for `unprofessional conduct' By GREG C. HUFF News Editor LAKE ELMO — Rather than censure Steve DeLapp on Tuesday night, his colleagues on the City Council voted instead to meet soon in a retreat to repair relations between themselves. "It seems like the time is right to do this," Mayor Lee Hunt said. "Plus — I'll just be real blunt — we sometimes have a problem getting along. A couple of weeks ago, I darn near broke the gavel when someone infuriated me. We can't continue to work that. This council has been kind of broken an divided for a good year. We need to focus on what the city's residents need us to do, and that's what a session like this would (be good for)." Council Member Dean Johnston was prepared to submit to the council a resolution on Tuesday to censure DeLapp for "unprofessional conduct and behavior" as a council member. In his resolution's draft version, Johnston alleged that DeLapp is a liability whose inaction resulted in one lawsuit against the city, and whose critical comments will likely result in another. Hunt, DeLapp and Council Member Susan Dunn, however, prevented Johnston from introducing his resolution, voting to have it removed from the council's agenda. Included in Dunn's motion to kill Johnston's resolution was a provision to consider in its place a council retreat. With a 5-0 vote, the council later directed staff to ask the League of Minnesota Cities to help organize a facilitated retreat. "I'm glad Sue decided to opt for a team -building, goal - setting meeting or series of meetings instead of doing what I was accused of — namely making unsubstantiated accusations in a public forum," DeLapp said on Wednesday. "She did not have to do this and I don't think she wanted to, but she thought better and we are all the better for it." Although Johnston and Council Member Chuck Siedow voted against Dunn's motion, they both supported whole-heartedly plans to hold a council retreat. "I think it's a real good idea, because there's a lot of division on the council...." Siedow said. "We've got two problems: getting along, and how we get things done." In meetings, it appears frustration exists between both DeLapp and fellow council members. Mayor Lee Hunt often resorts to pounding his gavel in council meetings to silence DeLapp often when DeLapp interrupts a council member who Hunt has recognized to speak. However, Hunt and other council members often roll their eyes or sigh when, toward the end of long council meetings, DeLapp displays a desire to continue debating issues when other council members appear ready to adjourn. "From my perspective, I think that 50 percent of the time when Lee gaveled me down, he was the person interrupting, because he did not want to hear contrary interpretations," DeLapp said on Wednesday. Improving council relations, Siedow said, is so important "it should be number one on the staff s agenda. Because the City Council is non-functional at times. This has to be done immediately — tomorrow.... I ain't gonna point no fingers or anything, but stuff has to change — it really it does." Said Johnston: "I can only echo my support. I've been extremely frustrated in my short time on the council and my primary motivation (for drafting the censure against DeLapp) was to get things changed. I think a retreat is a much more positive way of seeking that change and I certainly support it. "My frustration with our working relationship on the council was probably shown," Johnston added later. "I think we made some progress tonight. I think that at this point in time ... it's appropriate to declare success and optimism. Let's hope that we can accomplish (in the retreat) what we we've talked about." Although DeLapp was surprised that Siedow welcomed the idea of a council retreat, he credited Siedow's apparent change of heart. "Siedow has been particularly opposed to this process. " he said. "It was particularly impressive that he was the one to rally behind the idea." DeLapp flap Among the most severe charges included in Johnston's resolution was an assertion that DeLapp could have prevented a "whistleblower" wrongful termination lawsuit by former finance director Abby Grenfell, had DeLapp apprised the City Council of certain allegations of employee impropriety that Grenfell had reported to him long before she reported them to the city's prosecuting attorney, Kevin Shoeberg. In May, the city settled Grenfell's lawsuit for $40,000 and other considerations. And the city could be liable in a $500,000- to $1- million lawsuit, Johnston has said, by former city administrator Mary Kueffner, who was suspended on the same day Grenfell was fired, and whose 19-and-a-half-year service to the city officially ended when the council allowed her administrative leave to expire on May 6. Although Kueffner did not directly threaten legal action at the council's May 6 meeting, she has said in the past that an attorney has advised her that she may have grounds for a lawsuit for age discrimination, gender discrimination, slander, breach of contract and failure to follow open -meeting laws. Also included in the resolution Johnston will request that the council consider tonight, are claims that DeLapp has: been "disruptive" at council meetings; "made verbal, personal attacks on fellow council members;" "treated residents and applicants disrespectfully;" used his position on the council to "personally criticize city employees contrary to the best interest of the city...." Responding to Johnston's proposed resolution on Tuesday, prior to the council's meeting, DeLapp drafted a list of "suggestions to reverse the problems that have frustrated some Council members, as well as staff': — "Don't accuse others of doing things that cannot be substantiated, except in private and then only for clarification. — "Always tell the truth and avoid deception and secrecy. — "Start concentrating on the issues that affect the health, safety and welfare of our residents, as required in the enforcement of the city ordinances and Comprehensive Plan." — "Remember that all council members were elected by the voting residents to serve the semi -rural interests of the residents of Lake Elmo and no other interests — not the (Metropolitan) Council, not the county, and not land speculators or developers. "Start showing respect for the city staff that is working efficiently as a team and doing a magnificent job on behalf of all the residents of the city. — "Don't try to use one's political clout as a council member to provide favoritism to a single (resident) or a group of residents at the expense of other residents. — "Don't assume that applicants for land development are making their proposals to benefit the residents of Lake Elmo. If the applicants wish to further the stated interests of the Comprehensive Plan, in compliance with the city ordinances, their proposals should be accepted under the principle of `trust but verify.' — "To the extent that they further the financial interests of the applicant at the expense of the residents, as defined in the Comprehensive Plan and the ordinances, (land development proposals) should be rejected." Goals In the council's retreat, Hunt said, council members should define common goals. "We need to focus on what are the most important issues," he said. "There are some very important one staring at us." They include, he said: Old Village design; the city's ongoing debate with Met Council; development long Interstate 94; Highway 5 safety improvements; fire department expansion; and City Hall expansion or replacement. "We seem to be kind of moving from thing to thing to thing...." he said. "We find ourselves kind of looking at the emergency du j our, rather than really focusing on what's the most important thing to our city and residents, and then working backwards from there and trying to assign priorities." Following the retreat, Hunt said, the council should make a public presentation to explain "where we're going as a council." City staff will not likely hesitate, Hunt said, in contacting to League of Minnesota Cities to organize a retreat, "The beauty of this is that staff knows what we're capable of when we get into some of our little tirades and (get) rockin' and rollin'," he said. "And I certainly expect this would be top of their list whether we recommended it or not."