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

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Mounds View City Council September 25, 2006 Regular Meeting Page 21 City Attorney Riggs explained that in essence, there is a provision in the Charter that went into 1 effect in 1979 for which there was no authorization. He stated absent of the authority, there needs 2 to be a re-adoption of the provision. 3 4 Mayor Marty stated that for the City Charter to mean what it says, that part of the Charter needs 5 to be re-approved or re-authorized. City Attorney Riggs suggested it be re-approved and 6 clarified. He stated that the office is appointed by a district judge, not by the City. 7 8 City Attorney Riggs stated he could understand the argument both ways and that there is a lot of 9 latitude and should be clarified. He stated one option is for the City to refer this matter to the 10 Charter Commission for their recommendation. 11 12 Mayor Marty stated he did not know about the 2004 change until the issue was brought to his 13 attention. He stated the Charter needs to be referred back to the Commission for clarification. 14 15 Councilmember Flaherty commented that particularly because a ruling was not made, the 16 Council is back to square one. City Attorney Riggs replied that it does not stop future lawsuits. 17 He stated there have been numerous occasions when Councilmembers have also been Charter 18 Commission members. He said it has been acknowledged that that language does not apply over 19 the 27-year history. 20 21 Councilmember Stigney asked if the issue was being forwarded to the Charter Commission for 22 review, but asked if the Commission discussed it. City Attorney Riggs explained that the judge 23 asked for a response and that the issue was never brought up in the Commission. 24 25 Councilmember Stigney asked if it is the Attorney’s intention to forward something to the 26 Charter Commission. City Attorney Riggs suggested everything be forwarded to the Charter 27 Commission for review. He recommended starting with the Charter Commission, which could 28 then make a recommendation to the Council. 29 30 MOTION/SECOND: FLAHERTY/STIGNEY. To have City Attorney Riggs submit information 31 to the Charter Commission for review and to authorize follow-up action for any filings that need 32 to be completed. 33 34 Ayes - -- 4 Nays - -- 0 Motion carried. 35 36 MOTION/SECOND: STIGNEY/GUNN. To cancel holding an executive session. 37 38 Ayes - -- 4 Nays - -- 0 Motion carried. 39 40 12. Next Council Work Session: Monday, October 2, 2006, at 7 p.m. 41 Next Council Meeting: Monday, October 9, 2006, at 7 p.m. 42