02-02-82 CCM - Laserfiche WebLink

Home Browse Search

SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 -3- PLANNING COMM1,SSION`'APPOTT4'.TMENTS M/S/P Novak/Fraser to move Planning Commission Alternate Members Moe and Maza,ara into full member positions vacated by Halden and Forsblad for the unexpired terms. M/S/P Novak/Morgan to reappoint Howard Michels and Vikki Gifford to 3-year terms, to serve until December 31, 1984. M/S/P Morgan/Novak to reappoint Bob Dreher to a3-year term to serve until December 31, 1984. The Council agreed that the policy on consecutive terms would not take effect until the hew Ordinance is formally adopted and published and each Commission member is made fully aware of the new policies, 2. Cancelled 3. LEGAL COUNSEL: Ray Marshall present._ --Novak - I abstained because I was concerned about the conflict of interest or the appearance of it. I have since looked at the alternatives the City has and I am satisfied with the present City Attorney; and, Ithink the conflicts that have occured have been handled. --Morgan - I have no reservations about Ray personally or profes- sionally. There was a conflict of interest with the firm a year ago and it -is worse now that we are renting from one of the partners in the firm. --Eder - is there anything we can do to improve our operations legally? --Marshall - none that he can think of.. --Eder - sometimes the Council'`s intent is not altogether clear as you do not attend meetings. --Marshall - yes, there are times when the Council's intent and questions are not clear. He would be happy to attend meetings when something difficult or controversial comes up. --Fraser - perhaps he should be there when the Gun Club and the Cimarron Golf Course come up. --Eder - expressed his concern over poor communication on the "no passing" problem on Highway 5. --Novak - suggested the Attorney come in whenever there is a question or problem on performance and not wait until annual appointment time, Council discussed best approach to assuring adequate legal assistance on complicated issues. Marshall explained that he attempts to provide definitive answers on legal questions when one is available, The law is in flux and all questions are not adequately covered. Some attorneys have definite answers on all questions and, in effect, set policy, He prefers to have Council adopt policy and askbim if it is legally sound or if there are any legal risks in doing so. --Morgan - Do you work for Brookfield Company? --Marshall - not personally --Morgan expressed concern that the Watershed District may ( often have different objective than the City and that this may be a conflict, --Marshall - Can be different; but, to date, have not had any actual - conflict. As long as he has more than one client - i5 not in the exclusive employ of the City- there is always a potential for conflict between his clients, Whenever there is, he advises both clients that he cannot represent thrm c __ �,___