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HomeMy WebLinkAbout01-13-2015 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Fliflet, Justin Bloyer, and Anne Smith. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE SWEARING IN OF NEW ELECTED OFFICIALS City Clerk Bell administered oath of office to new council members Julie Fliflet and Jill Lundgren APPROVAL OF AGENDA Council Member Fliflet pulled Items 6, 8, 9, and 10 for discussion. Council Member Bloyer asked to postpone Items 15-22 MOTION: Council Member Smith moved TO APPROVE THE JANUARY 13, 2014 CITY COUNCIL AGENDA AS AMENDED. Mayor Pearson seconded the motion. Council Member Bloyer questioned the items as there was no background provided. He did not know if they were action items or simply for discussion. Council Member Smith said that the Council Member who asked for item to be on agenda can explain the item. Ms. Smith said there have been previous items that did not include background info and it was not a problem. Items where there was disagreement on keeping on the current agenda were voted on whether to keep on agenda: Item 16: VOTE TO KEEP ON AGENDA PASSED 3-2 (PEARSON AND BLOYER - NAY). Item 20: VOTE TO KEEP ON AGENDA PASSED 4-1 (BLOYER - NAY). Item 21: VOTE TO KEEP ON AGENDA PASSED 4-1 (BLOYER - NAY). Item 22: VOTE TO KEEP ON AGENDA PASSED 3-2 (PEARSON AND BLOYER - NAY). ORIGINAL MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE DECEMBER 16, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: attended Public Safety Committee meeting, Valley Branch Watershed District meeting downtown drainage meeting, meeting with Oakland Jr. High Principal Andy Fields, and Lake Elmo Rotary meeting. Council Member Bloyer: attended milfoil meeting, county administrator & Commissioner Kriesel re: library; multiple resident concerns. Council Member Lundgren: Working with Fire Chief Malmquist to obtain an AED for City Hall. Council Member Smith: noted that she was out of town for the 16th mtg. She commended Finance Director for work on City achieving the CAFR. Mayor Pearson reiterated the thanks to staff. Council Member Fliflet: She is thankful to be elected. She pledged to be a thoughtful responsive council member. She wants to take a look at the development and growth and requested council have a dedicated workshop on growth. Mayor Pearson would also like the workshop to discuss the cable commission situation. It was decided that the growth discussion will be held on 1/20 after the council meeting. Workshop on 1/27 will be on the downtown and involve the County. Page 1 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 PUBLIC COMMENTS/INQUIRIES Library Director Nathan Deprey spoke about the library and upcoming events. He promoted the library’s Ancestry.com access. John Schiltz, owner of Lake Elmo Inn, spoke about his concerns for Lake Elmo. Thanked the city for providing a place to have his business for 31 years. He noted that he brought Restaurant of the Year to Lake Elmo. For first time, he has hope for downtown. The past two years have been so much better for the city government. City Hall is better than ever. The development and growth are responsible for having the MOU removed. Jim Blackford, 9765 45th St., welcomed Council Members Fliflet and Lundgren and thanked them for running. He said the people have spoken. He believes that the Council has approved too much development. He claimed that the people want “not too much development and also quality development.” He does not want development to get out of control. He asserted that there was a conflict of interest in past lake use vote. He asked Council to listen to voters and represent them, not their own agendas. Washington County Commissioner Gary Kriesel wished the new council members the best. Washington County has built a great relationship with staff and City. He offered his assistance. Susan Dunn, 11018 Upper 33rd St., spoke about downtown meeting on Lake Elmo Ave. She thanked the council for their service. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Section 34 Pressure Reduction Station – Pay Request No. 1 4. Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 5 5. Olson Lake Trail Sanitary Sewer Project – Payment Authorization MOTION: Council Member Fliflet moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 6. Designate Official Publication Newspaper of Record 7. Designate Official Depositories of Funds; Resolution No. 2015-01 8. Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy; Resolution No. 2015-02 9. Appoint City Engineer 10. Appoint City Attorney 11. Approve Resolution Calling for Public Hearing to Vacate a Portion of Park Land; Resolution No. 2015-03 MOTION: Council Member Fliflet moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 6: DESIGNATE OFFICIAL PUBLICATION NEWSPAPER OF RECORD Council Member Fliflet requested that staff obtain additional circulation and subscription information from publishers and that the designation be postponed until the January 20th meeting. City Clerk Bell explained that the City did not put out a formal RFP for 2015, but based on the proposals that the City received this year and past recent years, the Oakdale-Lake Elmo Review is the most balanced option when considering circulation, cost, and publishing schedule. Council Member Smith provided some background on the past designation of the Review. MOTION: Council Member Fliflet moved TO POSTPONE UNTIL THE JANUARY 20TH COUNCIL MEETING. Mayor Pearson seconded the motion. MOTION PASSED 5-0. ITEM 8: RESOLUTION DESIGNATING DATA PRACTICE OFFICIALS AND APPROVING CITY’S DATA PRACTICE POLICY; RESOLUTION NO. 2015-02 Council Member Fliflet requested to see the data practices policy and that the designations be postponed until the January 20th meeting. Page 2 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 MOTION: Council Member Fliflet moved TO POSTPONE UNTIL THE JANUARY 20TH COUNCIL MEETING TO REVIEW POLICY. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 9: APPOINT CITY ENGINEER & ITEM 10: APPOINT CITY ATTORNEY Council Member Fliflet requested to see the contracts for each service. She requested the appointments be postponed until the January 20th meeting. MOTION: Council Member Fliflet moved TO POSTPONE UNTIL THE JANUARY 20TH COUNCIL MEETING TO REVIEW CONTRACTS. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. NEW BUSINESS ITEM 12: APPOINT 2015 ACTING MAYOR MOTION: Mayor Pearson moved TO APPOINT COUNCIL MEMBER BLOYER AS ACTING MAYOR, TO COMPLY WITH AND FULFILL ALL DUTIES ENUMERATED IN MINNESOTA STATE STATUTE § 412.121 RELATING TO SELECTION OF AN ACTING MAYOR. MOTION FAILED FOR LACK OF SECOND. MOTION: Council Member Fliflet moved TO APPOINT COUNCIL MEMBER SMITH AS ACTING MAYOR, TO COMPLY WITH AND FULFILL ALL DUTIES ENUMERATED IN MINNESOTA STATE STATUTE § 412.121 RELATING TO SELECTION OF AN ACTING MAYOR. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 13: APPOINT REQUIRED OFFICIALS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES MOTION: Mayor Pearson moved TO APPOINT FIRE CHIEF MALMQUIST, FINANCE DIRECTOR BENDEL, AND COUNCIL MEMBER LUNDGREN TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES FOR 2015. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 14: 3.2% MALT LIQUOR LICENSE – KWIK TRIP City Clerk Bell provided overview of the liquor license application. He also explained the situation regarding number of licenses available. What authority approves tobacco licenses was explained. Mr. Bell also explained that there are compliance checks conducted and the Council has the option to always consider revoking or suspending the license if there are any issues. MOTION: Council Member Fliflet moved TO OPEN PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Public hearing opened at 7:53 pm. Steve DeLapp, 8466 Lake Jane Trail, spoke on the liquor license issuance. He urged council to not approve license that sells items harmful to people. Jim Blackford said that the City will get what they require. He asked the city to let good things in the city. City Administrator Zuleger noted Kwik Trip was the first business to incorporate the theming elements. MOTION: Council Member Bloyer moved TO CLOSE PUBLIC HEARING. Council Member Smith seconded the motion. MOTION PASSED 5-0. Public hearing closed at 7:56 pm. Council Member Smith stated she appreciates the limited theming elements incorporated for the new Kwik Trip. She noted that she was told that it would be like the one in the Liberty development; however, it is not. Mayor Pearson said that the aesthetics of the building is subjective. Council Member Fliflet asked about other gas stations in the City have ever applied. City Clerk Bell explained that the previous owners of the gas station at Lake Elmo Ave and County Road 10 had a 3.2% license as recently as 2012, but the new owners did not re-apply. MOTION: Council Member Bloyer moved TO APPROVE A NEW 3.2% LIQUOR LICENSE FOR KWIK TRIP AT 9955 HUDSON BLVD N. Mayor Pearson seconded the motion. MOTION PASSED 5-0. Mayor Pearson noted that Lake Elmo is in competition for businesses. He wants the message conveyed that Lake Elmo is open for business. Page 3 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 Council Member Fliflet asked about the other Holiday Station on Manning Ave. had a license. Council Member Smith did not believe that they did, but she agrees that we need to keep tax base in Lake Elmo. Council Member Bloyer does not want to give up the tax base. MOTION PASSED 5-0. ITEM 15: 2015 CITY OF LAKE ELMO PLAN OF WORK City Administrator Zuleger presented the proposed 2015 Plan of Work and invited the Council for feedback. Council Member Fliflet addressed Taxpayer Services section Item #4 regarding Speak Your Peace. She wants it removed from the plan. She does not want any additional staff time to be spent on SYP. She believes that it has been used improperly. Council Member Lundgren said she wholeheartedly agrees. Ms. Fliflet noted that the City Code already contains many of the same points. Mayor Pearson said he often fails at following it, but believes it is a good reminder for everyone. Council Member Smith would like to discuss the entire Plan at the retreat. Council Consensus was to consider the Plan of Work at the future Council/Staff retreat. ITEM 16: REVIEW OF CURRENT COMMISSIONS AND WORK GROUPS Council Member Fliflet supports the idea of the EDA, but thinks that the enumerated powers need to be further examined. Council Member Smith noted that there has been concern at the Planning Commission due to lack of knowledge about the EDA. Ms. Fliflet clarified that she is not against the EDA, and in fact supports the idea, but she wants the limited powers further defined as a recommending body. She explained her proposed changes. Council Member Lundgren asked why an EDA was enabled instead of an EDC. City Administrator Zuleger explained that Former Mayor Johnston initiated this and there are particular benefits to having an EDA over a commission. Mayor Pearson urged the Council to postpone action to fully evaluate the EDA. Mr. Zuleger noted that there is a notice requirement to modify the enabling resolution. Ms. Smith asked about planning commission applications. City Clerk Bell said that the staff has received several inquiries but has only received one submission to date. Staff is currently trying to coordinate that interview electronically. a) MOTION: Council Member Smith moved TO APPOINT COUNCIL MEMBER LUNDGREN TO EDA AS COUNCIL REPRESENTATIVE TO REPLACE FORMER COUNCIL MEMBER WALLY NELSON. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. b) MOTION: Council Member Fliflet moved TO RETAIN MAYOR PEARSON ON EDA. Council Member Smith seconded the motion. MOTION PASSED 5-0. c) MOTION: Council Member Fliflet moved TO REINSTATE OLD VILLAGE WORKGROUP WITH THE PREVIOUS MEMBERSHIP. Council Member Smith seconded the motion. Previous members were: Nadine Obermueller, Steve DeLapp, Jennifer Pelletier, Kathy Haggard, Julie Fliflet, Anne Smith, and Brett Emmons. The Council discussed the need to reinstate the workgroup. Mayor Pearson questioned why the Council could not simply discuss the issues. Council Member Fliflet wants the workgroup to deal with downtown design standards and spend time on the details. Council Member Bloyer asked if the $30 million plan that was submitted was not the workgroup’s approved plan. City Administrator Zuleger provided an overview of both the I-94 and Village Workgroups. Council Member Smith questioned the $30 mil figure. There was never a dollar amount, but a proposed vision devised over 5-6 years of work. Mayor Pearson does not believe that the market will support what the workgroup plan proposed. He would like a timeframe to have some resolution if continued discussions are going to take place. Ms. Fliflet disagrees that the market should decide, but believes the City should dictate what the village becomes. The historical and current status of the market was discussed. Page 4 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 Ms. Fliflet called the previous question. Mayor Pearson noted that Robert’s Rules requires a supermajority for that procedural motion. Ms. Fliflet withdrew her call for the previous question. Ms. Fliflet explained that she believes the Village deserves special consideration because it is different than other parts of the city. Mayor Pearson reiterated that if the group is reconstituted, there be a timeline and clear goal to respect both staff and developers. MOTION PASSED 3-2 (PEARSON AND BLOYER - NAY) ITEM 17: PLANNING COMMISSION APPOINTMENTS MOTION: Council Member Smith moved TO RE-APPOINT TODD WILLIAMS AND ROLF LARSON TO THE PLANNING COMMISSION TO SERVE ADDITIONAL THREE-YEAR TERMS. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 18: PARK COMMISSION APPOINTMENTS MOTION: Council Member Smith moved TO RE-APPOINT SARAH HIEPTAS AND JACOB SILVERNALE TO THE LAKE ELMO PARK COMMISSION FOR THREE YEAR TERMS. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. ITEM 19: LIBRARY BOARD APPOINTMENTS City Clerk Bell noted that the list provided was not the most up to date. Judy Gibson and Margo Selini replaced Rosemary Meier and Renee Murray. MOTION: Council Member Bloyer moved TO RE-APPOINT PAUL RYBERG AND JUDY GIBSON TO THE LAKE ELMO LIBRARY BOARD FOR THREE YEAR TERMS. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. ITEM 20: ESTABLISHMENT OF COUNCIL MEMBERS TO COUNCIL COMMITTEES a) Public Safety Committee MOTION: Council Member Smith moved TO APPOINT MAYOR PEARSON TO THE PUBLIC SAFTEY COMMITTEE. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPOINT COUNCIL MEMBER LUNDGREN TO THE PUBLIC SAFTEY COMMITTEE. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. b) Finance Committee MOTION: Council Member Lundgren moved TO NOMINATE COUNCIL MEMBER FLIFLET TO CHAIR OF FINANCE COMMITTEE. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. Council Member Smith resigned from the Finance Committee. She nominated Council Member Bloyer to take her place. MOTION: Council Member Smith moved TO APPOINT COUNCIL MEMBER BLOYER TO THE FINANCE COMMITTEE. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. c) Human Resources Committee MOTION: Council Member Fliflet moved TO APPOINT COUNCIL MEMBER SMITH TO THE HR COMMITTEE. Council Member Smith seconded the motion. Mayor Pearson expressed his hope that Mike Reeves volunteers to stay on the committee as a public member and would support the motion if that is the case. MOTION PASSED 5-0. Page 5 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 MOTION: Council Member Lundgren moved TO APPOINT COUNCIL MEMBER FLIFLET TO THE HR COMMITTEE. Council Member Smith seconded the motion. Mayor Pearson asked to stay on the committee. MOTION PASSED 3-2 (PEARSON AND BLOYER - NAY). d) County – Library Discussions City Clerk Bell explained that this is not a formal body that requires an appointment, but Council is free to send anyone they choose. MOTION: Council Member Fliflet moved TO ASSIGN COUNCIL MEMBER SMITH TO PARTICIPATE IN THE COUNTY – LIBRARY DISCUSSIONS. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Council Member Smith explained that she believes that she should be able to be involved. She has an interest and wants to see if she can make some progress. Mayor Pearson took issue with the assertion that no progress has occurred. Council Member Smith clarified that she does not assert that no progress has been made. She simply wants to leverage her relationship with the County in the discussions. Council Member Fliflet also wants to participate. She made a commitment to fixing the library situation when campaigning. Mayor Pearson noted that it is important to the entire Council. Mayor Pearson believes that it is important the mayor is involved to represent the City. He also thinks the person participating in the library discussions should serve on the board. MOTION PASSED 3-2 (PEARSON AND BLOYER - NAY). Council Member Bloyer resigned from county discussions assignment and Library Board. He thinks it is important that Mayor Pearson, as mayor, should remain involved. MOTION: Mayor Pearson moved TO APPOINT COUNCIL MEMBER FLIFLET TO LIBRARY BOARD AS THE COUNCIL DELEGATE. Council Member Bloyer seconded the motion. Council Member Smith believes it would be a conflict of interest to serve on board and discuss the issue with the County as a Council Member. City Attorney Snyder stated that there is no conflict, but it can create policy issues. MOTION PASSED 5-0. City Administrator Zuleger explained the city is also currently involved in the County Strategic Library Plan discussions. He and Library Director Nathan Deprey are the appointed Lake Elmo representatives. MOTION: Council Member Smith moved TO ASSIGN COUNCIL MEMBER FLIFLET TO PARTICIPATE IN THE COUNTY – LIBRARY DISCUSSIONS. Council Member Lundgren seconded the motion. MOTION PASSED 3-2 (PEARSON AND BLOYER - NAY). Mayor Pearson asked if the County replies to current proposals, can he bring it back to the Council? Council consensus is that that is fine. e) Parks Commission Liaison Council Member Smith volunteered, but nominated Mayor Pearson. MOTION: Council Member Smith moved TO ASSIGN MAYOR PEARSON AS PARKS COMMISSION LIAISON. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. f) Gateway Corridor Discussions Council Member Bloyer volunteered as he has been involved. Page 6 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 MOTION: Council Member Fliflet moved TO ASSIGN MAYOR PEARSON AND COUNCIL MEMBER BLOYER TO GATEWAY CORRIDOR DISCUSSIONS. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. g) School District Liaison MOTION: COUNCIL CONSENSUS TO ASSIGN COUNCIL MEMBER BLOYER AS SCHOOL DISTRICT LIAISON. Council Member Smith will fill in if Mr. Bloyer is unavailable. Point of privilege taken at 10:00 pm. Reconvened at 10:03 pm. ITEM 21: COUNCIL PROTOCOL a) Public Comment Restrictions MOTION: Council Member Fliflet moved TO REMOVE THE “3 MINUTE RULE” FOR PUBLIC COMMENT. Council Member Lundgren seconded the motion. Council Member Fliflet believes that Council needs to listen to the residents and three minutes is not long enough. Council Member Lundgren agrees. Mayor Pearson thinks there should be some time limit to maintain order. City Clerk Bell noted that according to City Code, the requirement for suspending council meeting procedures requires a supermajority vote to suspend or amend the rules. Ms. Fliflet thinks that the chair can manage the time. Council Member Bloyer does not want the decision to be arbitrary. Council consensus is to allow the chair to use his discretion in managing the time. Council Member Fliflet withdrew the motion. b) Adding Agenda Items MOTION: Council Member Fliflet moved TO ALLOW ANY COUNCIL MEMBER TO ADD AN ITEM TO AGENDA WITHOUT A SECOND COUNCIL MEMBER AGREEING. Council Member Smith seconded the motion. Council Member Smith supports this motion. She explained that it was imposed in the past due to large agendas. City Clerk Bell explained the best practice for agenda placement. It is similar to the statutory limitation for calling meetings. He pointed out that the City Code is silent on the matter. Mayor Pearson explained that he was disappointed that this subject wasn’t disclosed as a discussion item on the agenda and expects this to not occur again in the future. MOTION: Council Member Bloyer moved TO TABLE THE ITEM. Mayor Pearson seconded the motion. MOTION PASSED 4-1 (SMITH - NAY). Council Member Smith noted that there have been multiple occasions where there was no background info provided. Mayor Pearson acknowledged that it may have occurred in the past, but for the public interest, it should be avoided in the future. c) Council meeting schedules Council Member Fliflet asked that the same courtesy be granted to other council members to change meeting dates as was afforded Mayor Pearson for this meeting. It was pointed out that Council Member Smith requested that an item at the 12/16/14 meeting be postponed while she was absent and her request was denied. Mayor Pearson stated that the situation was entirely different than Council Member Smith’s request. He also stated that he wanted to be at the first meeting due to some feedback he had heard that involved staff. Council Member Bloyer pointed out that the 2015 schedule of meetings was scheduled by the previous council, as is the standard. It was not rescheduled. Mayor Pearson said that he will not be making his request again. Formatted: Normal, Left, Space After: 0 pt Formatted: Font: Calibri Page 7 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 MOTION: Council Member Fliflet moved TO REQUIRE THAT MEETINGS WILL BE RESCHEDULED AS REQUESTED BY COUNCIL MEMBERS. Council Member Smith seconded the motion. The logistics of the proposed protocol were discussed. Mayor Pearson noted that the practice is basically already currently in place. MOTION PASSED 5-0. ITEM 22: STAFF PROTOCOL/RESPONSIBILITIES Council Member Fliflet explained that she wants staff to be able to comment and participate in discussion. She does not want to vote on anything where there are unvoiced staff concerns. Staff has told her they have been instructed to not interject. Council Member Bloyer said it is not appropriate to make the meetings longer by involving staff. Mayor Pearson said he welcomes staff opinions because that is their wheelhouse. City Administrator Zuleger explained that staff attempts to stay out of council to council issues. Mr. Zuleger clarified that the issue isn’t that staff felt their opinions weren’t welcomed by council; it was more that they felt they should not intervene between council members if certain council members had disagreements. Council Member Fliflet called for straw poll on receiving both facts and opinions from staff. Council consensus is that they want input. unanimously affirmed. Council Member Smith suggested that this be discussed at the retreat. Council Member Smith wants Council to approve The Source and Fresh prior to publication- The Source a week out and Fresh a day before. She stated that Washington County submits it for Commissioner approval prior to publication. She said that as Council Members, they have a right to review it. Mayor Pearson cautioned that it is important that policy discussions do not take place in these draft reviews. City Administrator Zuleger explained that staff will provide the drafts to Council. ITEM 23: REVIEW OF RESTRICTION IMPOSED ON COUNCIL MEMBER SMITH REGARDING STAFF COMMUNICATION MOTION: Council Member Bloyer moved TO POSTPONE THE ITEM TO NEXT COUNCIL MEETING. Mayor Pearson seconded the motion. Council Member Bloyer asked if either new council member had spoken to City Attorney or reviewed documents about the issue. Council Members Fliflet and Lundgren both said they had not. Council Member Fliflet asked for a 5 minute recess. Meeting recessed at 11:03 pm. Meeting reconvened at 11:09 pm. City Attorney Snyder asked that due to the involvement of potential non-public data, the discussion be moved to after the executive session. Some of the questions may be addressed during the closed session. MOTION FAILED 1-4 (PEARSON, FLIFLET, SMITH, AND LUNDGREN - NAY). MOTION: Council Member Fliflet moved TO POSTPONE THE ITEM TO AFTER THE EXECUTIVE SESSION. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. EXECUTIVE SESSION TO RECEIVE PRIVATE PERSONNEL DATA MOTION: Council Member Smith moved TO ADJOURN TO CLOSED SESSION. Mayor Pearson seconded the motion. MOTION PASSED 5-0. Entered closed session at 11:15 pm. MOTION: Council Member Smith moved TO RECONVENE TO OPEN MEETING. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. Reconvened to Open Session at 2:04 am. City Attorney Snyder summarized the closed session. Present were City Attorney Snyder, Jessica Schwie, and the City Council. No action taken. MOTION: Council Member Fliflet moved TO POSTPONE THE ITEM TO 1/20/15 CITY COUNCIL MEETING. Council Member Smith seconded the motion. MOTION PASSED 5-0. Page 8 of 9 LAKE ELMO CITY COUNCIL MINUTES JANUARY 13, 2015 MOTION: Council Member Fliflet moved TO ADJOURN. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Mayor Pearson Adjourned the meeting at 2:05 am. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk Page 9 of 9