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LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 1990 PAGE 3 were one of three people of the Council who voted in favor of appealing this. I objected to your voting at that time because I thought there was a conflict of interest. You stated that you didn't have any conflict of interest at the time. Yet, less than 48 hrs. later, there was a suit brought by you and Tom against the City of Lake Elmo for Declaratory Judgment overriding the judgment of the mandamus suit. To me I have difficulty believing that you could have filed a suit against the city that quickly after saying you had no conflict of interest in that issue. Can you clarify, please. Armstrong: I voted for that appeal on the advice given by the the City Attorney to me, personally, and to the entire city council, including you, Chuck. I have as much difficulty believing that you and Don Moe did not do as the City Attorney recommended and vote to appeal this lawsuit. My constitutional rights were violated in that lawsuit, because I was not a party to it, yet it was a lawsuit concerning my land. Anyone in this room, who has a lawsuit brought against their property, has a right to be a part of that lawsuit and to be heard. We were not a party to it, we were not heard, and we had a constitutional right to be heard. I will stand by my voting record for the four years I was on the City Council, and I am proud of it. Graves: One other issue I would like to raise. There has been negotiations going on between the City of Lake Elmo and Oakdale relative to the transfer of property in Section 32. One of the proposed solutions was Section 32 or portion thereof be transferred to Oakdale, and there be some compensation from Oakdale to Lake Elmo. one of those proposals concern approx. 13 acres of land owned by you and. Torn in that it be transferred to Lake Elmo. I have no problem with that.' The question is, since this is a major issue for the City, would you agree this could represent a conflict of interest, and you would be unable to participate in any voting on this. ARMSTRONG: I feel this could be handled separately. GRAVES: Personally, I think it would be in the best interest of the City if we had a Full City Council that is able to discuss openly without any potential conflict of interest on this and vote accordingly. ARMSTRONG: Our 13 acres in Oakdale are a minor part of what's going on. This could be handled separately. M/S/P Dunn/Hunt - to appoint Rosemary Armstrong to fill in Don Moe's vacant council seat. (Motion carried 3-1:Graves: For these concerns raised over potential conflict of issues, there are more suitable people to fill this vacancy.) Mayor Dunn thanked the applicants for their interest in the City and appreciated their concern for our community. OATH OF OFFICE: Rosemary Armstrong was given the oath of office by Acting Administrator, Mary Kueffner. 6. ORGANIZATIONAL MEETING (Continuation) { M/S/P Hunt/Williams - to bring back the Organizational Meeting to the table. (Motion carried 5-0).