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Mounds View City Council April 12, 2004 <br />Regular Meeting Page 13 <br /> <br /> Ayes – 5 Nays – 0 Motion carried. 1 <br /> 2 <br />Mayor Linke indicated that Staff is looking back on the other issues and, if unable to find them, 3 <br />will ask the Commission to bring them back for action. 4 <br /> 5 <br />G. Consideration of Request from Innovative Images Marketing and 6 <br />Management LLC for a Settlement Conference. 7 <br /> 8 <br />Mayor Linke turned the meeting over to Acting Mayor Marty and then left Council Chambers. 9 <br /> 10 <br />Council Member Marty indicated the City Attorney provided a report on the matter and he felt 11 <br />the report had a lot of valid points. 12 <br /> 13 <br />City Attorney Riggs offered to answer questions but said his recommendation is that he thinks if 14 <br />it is going to move forward it is wise to consider this and get some appropriate guidance from the 15 <br />Attorney General. 16 <br /> 17 <br />Council Member Stigney asked what it meant when the Attorney said “if this is to go forward.” 18 <br /> 19 <br />City Attorney Riggs indicated that before even dealing with the merits this is a situation that 20 <br />there are previous Attorney General opinions. He then said that it is not a bad idea to have the 21 <br />opinion of the Attorney General behind Council one way or another because if there is truly a 22 <br />conflict it is a situation that Council cannot deal with it. He further commented that this is in 23 <br />such a gray area it would be appropriate to seek an opinion. 24 <br /> 25 <br />Council Member Gunn asked whether part of the problem is that Mr. Linke claims that the 26 <br />contract is still in existence and he as Vice President of this company then there is a conflict with 27 <br />him being Mayor and the City having a contract with him. 28 <br /> 29 <br />Council Member Quick commented that the City terminated the contract. 30 <br /> 31 <br />There was consent to ask for an Attorney General’s opinion. 32 <br /> 33 <br />MOTION/SECOND: Gunn/Marty. To Direct Staff to Send this Item Out to the Attorney 34 <br />General for an Opinion. 35 <br /> 36 <br />Council Member Stigney asked for clarification. 37 <br /> 38 <br />City Attorney Riggs indicated the City would be requesting an opinion based on the questions set 39 <br />forth in the report and the question of if and can the Council settle this issue with a sitting 40 <br />Council Member. 41 <br /> 42 <br /> Ayes – 4 Nays – 0 Motion carried. 43 <br /> 44