Laserfiche WebLink
MINUTES <br />City Council <br />October 28, 1981 <br />Mr. Fahey stated that the Jenny Costa matter was failure of the Attorney <br />to get a signed easement. Fahey stated that there was some circumstance <br />of the stakes being moved, but the correct easement was not obtained. <br />The Flttorney stated that the fact is that after the easement was prepared <br />and it should have been signed, the ditch ended up in a different piace. <br />Mr. Parks stated that he did have an easement signed for the original <br />ditch placement. Then the ditch went in in a different place and he <br />took a new easement ~o Mrs. Costa. The City did not get that easement <br />because Mrs. Costa would not sign the easement. Mr. Parks stated that <br />he and Mr. Stenger worked for six years to finally get the easement from <br />Mrs. Costa. <br />Mr. Fahey asked Mr. Parks what he based his opinion on with regard to <br />the City's vacation policy. P~r. Parks commented that he was asked for <br />his opinion at a Council meeting and he gave that opinion off the top <br />of his head. Mr. Parks commented that he g9ves a lot of legal opinions <br />immediately at Council meetings. Mr. Parks commented that a lot of attorneys <br />will not do this, but he tries to give quick opinions so that the Council <br />can make quick decisions. Mr. Parks commented that perhaps the safest <br />thing for him to do would be to take everything under advisement and come <br />back with an opinion after doing extensive research. <br />Mr. Parks commented that Mr. Fahey has presented a long laundry list and <br />in some of the things he is correct. Mr. Parks commented that there is <br />a lot of confusion that can be seen on the part ofi the Council in different <br />matters as to what the Council wanted. There are sometimes five dif~Ferent <br />things on a matter that the Council wants done. Mr. Pari<s commented that <br />when the Council askes him to ~raw up an ordinance on something, he tries <br />to draw up something he thinks will encompass what the Council wants. <br />Mrs. Scalze commented that with regard to the trapping ordinance she <br />specifically spelled out what she wanted included in that ordinance, <br />and the City Attorney come back with an ordinance that was the same <br />as the City of Oakdale has. <br />Mr. Fahey commented that there has been a lack of attention to detail. <br />Mr. Fahey commented that when the DeBace matter was discussed, Mr. fahey <br />informed the Flttorney the way he interpreted the ordinance and the <br />Attorney agreed with the interpretation. Mr. Fahey stated that he <br />expected the Attorney to study the ordinance. At the meeting the Council <br />directed the Attorney to send a letter. Then Mr. DeBace called the <br />Attorney and the Attorney changed his mind on the interpretation of the <br />ordinance. Mr. Fahey felt that the Attorney should have reviewed the <br />ordinance. <br />Mr. Parks commented that when Mr. Fahey gave him his interpretation of <br />the ordinance, he did not have the ordinance in front of him. After <br />he reviewed the ordinance, the Flttorney stated that he informed the <br />Council that he did not interpret the ordinance the same way that Mr. <br />fahey did. <br />Mr. Fahey commented that the Clerk was instructed to send a letter and <br />the letter was to have been reviewed by the Attorney. In view of this <br />Mr. Fahey stated that the Attorney should have reviewed the ordinance. <br />Page -27- <br />