Agenda Packets - 2012/10/22 - Laserfiche WebLink

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Mounds View City Council September 24, 2012 Regular Meeting Page 3 Barb Stasz, 8357 Eastwood Road, commented she was surprised by the recent newspaper article. 1 She found it sad that a Planning Commissioner would act in this manner. She questioned his 2 overall character or lack thereof. Ms. Stasz stated Ms. Smith was simply standing up for herself 3 and the harassment that was she was being subjected to. 4 5 Mayor Flaherty asked the Council for comments or questions. 6 Council Member Mueller asked if the Rundle’s cats had collars. Ms. Rundle noted that one cat 7 had a collar. 8 9 Council Member Mueller encouraged the Rundles to place collars on each of their cats. She then 10 inquired if the cat in Ms. Smith’s shed had a collar. Ms. Smith commented the cat in her shed 11 did not have a collar. She clarified also that it was not just one or two cans that were thrown in 12 her yard. The police department has nine in evidence at this time. 13 14 Mayor Flaherty questioned what color the cat was that Ms. Smith found in her shed. Ms. Smith 15 stated the cat was gray. Ms. Rundle indicated her nine year old cat was grey and white. 16 17 Mayor Flaherty requested further information on how Ms. Smith captured the video images of 18 Mr. Rundle. Ms. Smith explained the process she used with her video camera noting she 19 videotaped his van leaving his driveway, littering and pulling away on two occasions. However, 20 the event took place on more than two occasions, which led her to begin collecting the cans. Ms. 21 Smith indicated at the time of these events, she was recovering from major back surgery and was 22 receiving help from friends. 23 24 Mayor Flaherty stated the cans were not being disputed by Mr. Rundle. He indicated Ms. Smith 25 had suspected the cans were coming from Mr. Rundle. Ms. Smith stated this was the case. She 26 commented the seriousness of this behavior was not just littering, it was harassment. 27 28 Mayor Flaherty indicated the Council can only deal with the facts at this time, as it has become a 29 “he said, she said” case. He requested the City Administrator review City Code on how a 30 Commission member can be removed from their seat. City Administrator Ericson reviewed City 31 Code Section 401.03, stating just cause was necessary along with a 4/5ths vote from the Council. 32 33 Mayor Flaherty requested further information from staff on “just cause.” City Attorney Riggs 34 explained “just cause” to be the cause which specifically relates to and effects the administration 35 of the office the member holds and must be restricted to something of a substantial nature 36 directly affecting the rights and interests of the public. The cause must be one touching the 37 qualifications of the official, the official’s performance of the officials duties, showing the 38 official is not a fit or proper person to hold office. He stated this was a high standard, and not 39 just the whim of the Council. 40 41 Mayor Flaherty questioned if the Council would like to move forward with a formal hearing for 42 this matter. 43 44 Council Member Mueller stated she has been known to make mistakes, even willful mistakes. 45