09/10/2001 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES SEPTEMBER 10, 2001 • and it was shown on the agenda as a 4/5 vote. She implored the Council to direct the City Attorney to speak directly to Mr. Tremear and the Attorney General's office regarding this issue. Mayor Bergeson stated the Council does ask the City Attorney for legal opinions. He stated he does not feel he is qualified to tell the City Attorney how to do that. He indicated he is not comfortable with directing the City Attorney on how or who to contact. Council Member Carlson stated Ms. Liljedahl did contact her with this information. She stated a meeting was set up with Mike Grochala. She stated she understood that Mr. Grochala listened to the tape and would contact the City Attorney. City Attorney Hawkins stated a discussion was held regarding the tape. Mr. Grochala did not ask him to contact the Attorney General's office. He stated he understands there is ambiguity but no one has taken the position of the law only applying to residential until now. Zoning changes should take place at the local level and an investigation was conducted. Many authorities and attorneys were contacted. Everyone contacted, including the League of Minnesota Cities, has the con - sus that the zoning laws have been pre-empted. After reviewing all the information, the best p. o hat the City is pre- empted and a simple majority adopted the rezone. He pointed out tP ' e ling has not yet been challenged. He also advised that he did not speak to the appli a d °s issue and he did give the best legal advice he could. Ms. Liljedahl asked the Council to direct the City • ° y t. ntact the proper authorities regarding this issue. The City needs to know exactly what is do ' and what exactly was intended by the law. It seems that different information is bein d m decision should be given tonight. Council Member O'Donnell states 'r. em with further investigation by the City Attorney. He noted that he also relies o Atto - y for legal advice. Council Member Dah ordinance". She state different than a regular that the City Attorney i City Attorney has said that "it is not clear" and "may amend your clarification and it won't hurt to investigate further. A PDO is g and she wants to know exactly what the ordinance means. She asked stigate this issue further. Council Member O'Donnell stated he will support further investigation, but he is not requesting any actions on the agenda be delayed. Council Member Carlson requested the City Attorney contact the gentleman from the House of Representatives. Council Member Reinert stated the City Attorney can look into this matter further. Ms. Liljedahl stated she does not want any more trouble for the City. She indicated a majority of the Council supports further investigation. She distributed a copy of a letter that addresses the issues. No one else was present for open mike.