Agenda Packets - 2006/10/23 (2) - Laserfiche WebLink

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Mounds View City Council September 25, 2006 Regular Meeting Page 20 within the week. He said the property owners filed an insurance claim against the City and 1 contractor and the property owner’s attorney is in close contact with both. 2 3 Director Lee assured the Council that the City and contractor are working with the property 4 owner to resolve the issue. 5 6 Mayor Marty stated that news article stated the property owners might be out of their home for 7 five to six weeks. Director Lee stated that a week may be aggressive, but five to six weeks is a 8 long time. 9 10 Councilmember Flaherty stated he spoke with City Administrator Ulrich and felt the paper did 11 not “paint” the City is a positive light. He said that the contractor said there were no markings 12 for the sewer lines, and Councilmember Flaherty stated he wanted to ensure the record was 13 straight that it was marked. He stated the City’s priority is to take care of the property owners. 14 15 Mayor Marty stated there were photos of the street with the markings before the incident 16 happened. He stated what was told to the paper was not factually correct. Director Lee stated the 17 contractor did not have the documentation the City had, which the City forwarded to the 18 contractor. 19 20 C. Reports of City Attorney 21 22 City Attorney Riggs stated that an action was filed against one of the Councilmembers, which 23 implicate the City. He stated the matter has been entirely dismissed as of September 25, 2006. 24 He stated it dissolves the need for the executive session meeting, but it does bring up the issue 25 that the Council needs to have a way to respond to an issue of this nature. 26 27 City Attorney Riggs stated the attorney general opinion stated that when questions are brought 28 about regarding the Charter and whether a Councilmember can sit on the Charter Commission, it 29 falls to the City Attorney to determine and recommend action. 30 31 City Attorney Riggs stated the City has responded to the Attorney General, and based on the 32 response, the charge was dismissed. He stated he was preparing for a further response, but he is 33 currently not sure how to proceed given the developments. 34 35 City Attorney Riggs stated he is not sure if anything else will be filed, and he was not able to 36 determine officially if everything has been dismissed, but he is pretty sure everything has been 37 dismissed. 38 39 Mayor Marty stated one point in question is that the Charter states a person may not serve in an 40 elected capacity and also on a Commission in the City. He stated State Statue overrode that, but 41 in 2004, the State changed the laws stating that the Charter takes precedence. 42 43