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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 1987 PAGE 2 aware of the number of signatures they have on their petition asking them to uphold the covenants. It is not their intent to put the County "on the spot" at this time and ask them to take a position on breaking the covenants. They will also ask the Board for funds to support some of their efforts relative to the landfill which was suggested by Earth Protector and ask the board to include their alternatives in the EAW. There is a tentative appearance planned by REAPP on Good Company, KSTP TV on November 24th. As far as fundraising, REAPP went before the Lions Club and will be going in front of the Oakdale and Woodbury Council asking for their financial support. Novak reminded the City Council of the elected officials breakfast meeting with Steve Keefe on Friday, November 6th in Forest Lake and encouraged a Councilmember or the City Administrator to attend. They have asked the VBWD to draft a letter providing input to the EAW and VBWD has agreed to do so. A resolution has been received from Oakdale in support of their cause. An organization called the Clean Water Action Project will begin canvassing Lake Elmo for the purpose of renewing the membership in their organization. At the same time they will be handing out an informational flyer that has been specially targeted for the Lake Elmo residents and will be soliciting signatures on a new petition. 5. Public Inquiries Based on his understanding that the City has lost a lawsuit brought against them by Hugh Madson regarding an improper commercial business being operated on Ag Preserve land, Mike Mazzara asked the Council why was it necessary to have an executive session at the October 6th Council meeting and what was the basis for the City's appeal. Other questions he had were "why did the City elect to vote prior to the meeting to spend City funds" and "how is it possible that Rose Armstrong was allowed to vote on the appeal when there seems to be a conflict of interest?" Mayor Christ responded that this falls into the category of disclosure which is not appropriate at the present time because of possible litigation. When the appropriate time comes and it no longer is an issue of sensitivity which would be subjecting the City to possible disclosure, then they will discuss it. ,City Attorney Knaak added that because of pending litigation it is not in the City's interest to discuss the strategy and make it public. It was Mazzara's impression that a motion to do something is public knowledge. Knaak explained that he was given a direction to follow at that meeting and he was not able to disclose that direction. Mazzara told the eouncil that, according to legal opinion fie r1as sought, there is an issue of ethics. Knaak responded, that at the time of the vote, there was no conflict of interest.