HomeMy WebLinkAbout03-24-2015 SCMSpecial City Council Meeting Minutes March 24, 2015
7:00 pm Lake Elmo City Hall
Mayor Pearson called the meeting to order.
PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren.
Staff present: City Attorney Snyder, Fire Chief Malmquist, and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
Mayor Pearson explained that the public comment will be limited to items on agenda and will be allowed for
each item at that time. Council Member Fliflet asked to move fire duty vehicle item to beginning of agenda.
MOTION: Council Member Bloyer moved TO APPROVE THE MARCH 24, 2015 SPECIAL CITY
COUNCIL AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5-0.
ITEM III: FIRE DEPARTMENT DUTY VEHICLE PURCHASE Dave Moore, 8680 Stillwater Blvd, member of Public Safety Committee, spoke on the color of duty vehicle.
The current vehicle is more visible at night than during day. He is concerned about visibility.
Fire Chief Malmquist explained the history and purpose of the duty vehicles. As the on-call duty officer, the
duty officer has the vehicle at all time for ability to respond. The color statistically does not affect safety.
Council Member Fliflet explained the council supports purchasing the truck, but noted that there has been
discussion of the color. She supports the truck being red. Council Member Bloyer does not have a strong
opinion on the color. Council Member Lundgren asked if the other fire fighters support black as the color. It
was explained that the department supports it and takes pride in the appearance. Mayor Pearson supports
what was approved at the past meeting.
No action taken.
ITEM IV: CITY ADMINISTRATOR TRANSITION
City Attorney Snyder provided update since the last meeting. He explained the sensitivity of employment
matters and the limitations Council is under in responding or discussing personnel data. After consulting with
Council, his recommendation is: City Administrator contract be extended without further action,
commentary, or involvement, thru January 31, 2016, and the matter be laid to rest.
Mayo Pearson confirmed the recommendation is the intent of the Council. The consensus is that it is.
Council Member Bloyer said he wants to move forward and mend fences.
MOTION: Council Member Fliflet moved TO ACCEPT THE RECOMMENDATION AS STATED BY
CITY ATTORNEY SNYDER TO EXTEND CONTRACT TO JANUARY 31, 2016. Council Member
Bloyer seconded the motion.
Dale Dorschner, 3150 Lake Elmo Ave, opposed to the motion. He does not believe it is for long enough.
Tereasa Schmidt, 3240 Lake Elmo Ave, is opposed to the downtown sewer, and therefore wants the
administrator gone.
George Johnson asked why Lake Elmo is so dysfunctional. He believes it is due to arguments over growth.
He suggested that the citizens talk to each other to work together.
City Attorney Snyder brought up the proposed Council Driven Workshop. Council Member Lundgren spoke
about the council trying to resolve issues. She said she does not appreciate inappropriate comments made
towards her.
Brenda Taylor, 7945 Hill Trail, supports the earlier petition. She does not understand why a 9 month
contract is being proposed? She asked why the 18 months called for in the petition are not being considered.
Mr. Snyder explained Administrator Zuleger is under contract with no certain term. Mr. Zuleger is currently
an at-will employee who can leave at any time, or the council can terminate and provide severance per his
contract. As an alternative, what is being proposed is a contract with a specified time where no review of
contract would occur during this period. This motion would guarantee something that currently is not
guaranteed.
Council Member Bloyer wants to remove any doubt that the Council wants him in Lake Elmo.
Debbie Dean , 8028 Hill Trail, asked what changed the council’s mind from prior desire to separate.
John Schiltz, 3442 Lake Elmo Ave, was surprised with tone of Council. He reminded council that Mr.
Zuleger asked the council to consider if it is time for new administrator under the current working
environment. He thinks that Council is offering Mr. Zuleger a way out. He said that Mr. Zuleger never said
he wanted another 9 months or to leave. He is concerned about the future of the city.
Bruce Weeks, 1446 Lake Elmo Ave, had been looking for new place to live due to city changing. He wants
slower growth and is concerned whether Mr. Zuleger style can work under that framework.
Mr. Bloyer pointed out that Mr. Zuleger works for the Council and is under its direction. He implements the
Council policies.
Mayor Pearson brought up possible raise based on past council recommendation. Council Member Fliflet
would consider it as part of a formal performance review. Mayor Pearson suggested a review take place 30-45
days out. Council Consensus was in favor of this approach.
Motion passed 5-0
Mayor Pearson reiterated that the administrator does what the council instructs. The previous council gave
direction and Mr. Zuleger followed it.
Council Member Smith thanked those who called and emailed her. She denied all of the reported allegations
against her. Mr. Snyder said that there have been no formal complaints filed.
ITEM V: COUNCIL INTERACTIONS & BEHAVIOR
Council Member Bloyer explained his comments as reported in the recent news articles. He did not intend
some of those comments to be printed. He wants to work out his issues with Council Member Smith in
private.
Ed Gorman, 11011 Stillwater Blvd, believes this is a taxpayer issue. He thinks there is evidence of healing.
Larry Weiss, 9302 Stillwater Blvd, believes a 9 month contract does not offer much to Mr. Zuleger. He
believes there is a problem with council members.
Stuart Johnson, 3603 36th Ave, believes that the drama is distracting from the progress. He wants to find a
balance between the pro-growth and anti-growth sides. He said he has seen the way Council Member Smith
treats people. He called for Ms. Smith’s resignation.
Diane Mattson Knoll, 3127 Laverne Ct, spoke about the past civility progress and eliminating Speak Your
Peace. She spoke about bullying and it being tolerated in the workplace. She spoke about how she wants well-
planned development.
Dale Dorschner, believes that the civility displayed tonight was a result of passionate citizens reacting to
council action. He spoke about the petition calling for a non-hostile workplace. He outlined the events that
led up to this that have been reported. He hopes that this is not a case of retribution. He called for
independent investigation of recent events. He said that local attorney has deemed there to be instances of
Council Member Smith violating the law.
Council Member Fliflet noted that there are employment issues that cannot be discussed. Mr. Bloyer asked
what the employment matters are? Mr. Snyder explained that it is not possible to have an attorney available to
vet each and every comment regarding personnel matters, so it is best to err on side of privacy.
Brian Hazelton, 11212 14th St, asked for the reasons why Mr. Zuleger is not suitable job. He read email to
him from Council Member Lundgren and questioned the quality and integrity of the Council. Ms. Lundgren
explained she was sick when she responded.
Brenda Taylor, spoke about the attitude of the Council and her ongoing frustration with the Council.
Kathleen Haggard, 12154 Marquess Lane, spoke about Speak Your Peace and trying to start over with
civility. She supports Council Member Smith 100%. She said that Smith has worked hard for Lake Elmo and
that there have been no complaints against her.
Mr. Bloyer said that while there may a disagreement over whether there have been be any formal complaints
filed or not, that does not mean there have been no complaints.
Andrea Albrecht Johnson, 3603 Lake Elmo Ave, spoke about how everywhere else has zero tolerance for
bullying. The recipient’s perception is what matters, regardless of intent. She asked that council move on and
called for any council members who did wrongdoing to step down.
Wally Nelson, 4582 Lilac Lane, spoke about the petition. He spoke about his belief in failing to provide a
non-hostile workplace. He called for Council Member Smith to resign. He said the Council has lost the public
trust. He asked for 3rd party investigation of allegations.
Mr. Bloyer noted that there has been a 3rd party investigation, but the report has not been finalized. Mr.
Snyder confirmed that the report will be public when complete.
Jean Olinger, 9057 Lake Jane Trail, asserted that some council members are not listening. They are hearing,
but not listening. She explained the difference. Asked Council to listen to the people.
Jess Hartley, 10010 Tapestry Road, will not tolerate the disrespectful behavior by Council Member Smith.
He is concerned about previous restrictions on Ms. Smith being lifted. He called for Council Members Smith,
Fliflet, and Lundgren to resign.
Dave Moore, 8680 Stillwater Blvd, questioned actions taken by new majority since taking office. He asked
why the 3rd party report is not available now. Mr. Bloyer stated that the investigator has been dismissed. Mr.
Moore asked about open meeting law violations.
Mr. Snyder explained that the investigator was relieved of her duties as she went beyond what was requested
of her.
Steven Webber, 5577 Lake Elmo Ave, spoke about his interactions with Council Member Smith. He called
for an independent council investigation and for Council Member Smith to resign.
Pam Hartley, 10010 Tapestry Rd, supports Mr. Zuleger and staff. She called for Council Member Smith to
resign. She also called for Council Member Fliflet and Lundgren to resign immediately. She asserted that there
have been Open Meeting Law violations.
Council Member Lundgren clarified that any conversations that took place were prior to taking office. The
allegations of OML violations were discussed.
Bruce Weeks, 1446 Lake Elmo Ave, is disappointed in the public’s behavior towards Council.
Mr. Bloyer defended the public’s right to question their elected officials.
Pat Dean, 8028 Hill Trail, appreciates everyone coming out to participate. He wants city to move forward.
He suggested that some business people work with Council on how to be a better operating group.
Jeff Stanway, 455 Lake Jane Trail, voiced his concern that the business community has had too much focus.
He wants the residents to receive greater consideration. He said that there is one Lake Elmo that includes
everyone. If there have been issues with Ms. Smith, the previous council failed to address it.
Mayor Pearson is hopeful that the Council has learned something throughout this process and that Mr.
Zuleger accepts commitment offered. Mr. Bloyer believes that there is a cultural problem and wants to fix the
organizational problems.
Ms. Smith noted her passion. She has felt bullied the past two years with 4-1 votes. She noted that the
Council is trying to move forward.
Tamara Brown, 5385 Jamaca Ave, disappointed in Council reaction to public comments. Asked Council to
not react the way they do. She expects a more professional response.
Mara Crombie, 11090 32nd St, confused about the 3rd party investigation. Mr. Snyder explained that there
was an outside review of employment matter. That outside party has been dismissed.
Bruce Peacock, 11090 32nd St, asked for time table for investigation report.
Mara Crombie, 11090 32nd St, asked for 3rd party investigation on the Administrator’s harassment claim.
Council Driven Workshop
The Council discussed scheduling the workshop.
MOTION: Council Member Fliflet moved TO ADJOURN. Council Member Lundgren seconded the motion.
MOTION PASSED 5-0
Mayor Pearson adjourned the meeting at 9:39 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor _______________________________
Adam R. Bell, City Clerk