09-10-2001 CC - Laserfiche WebLink

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Mounds View City Council June 6, 2001 Special Meeting Page 7 Mr. Kessel indicated he was not sure if his legal counsel responded or would have had time to respond to the letter sent by City Attorney Riggs between 4:30 p.m. and 5:00 p.m. and indicated that it would be nice to keep the matter out of the court system. Council Member Thomas suggested a friendly amendment to the motion to omit the word “not” on Page 2, Line 1 Council Member Quick accepted the friendly amendment and Council Member Thomas seconded the motion. City Attorney Riggs indicated there must be unanimous consent of Council to waive the reading or it must be read. Mayor Sonterre asked if there was consent to waive the reading. Council Member Marty stated he would like the Resolution read. Council asked that City Administrator Miller read Resolution 2001-5700. City Administrator Miller read Resolution 2001-5700 for the record. Council Member Marty stated that he felt there should be an independent investigation into the matter. The vote was then taken regarding 2001-5700. Ayes – 4 Nays – 1(Marty). Motion carried. Mayor Sonterre noted there had been a request for a recess by two City Council members to discuss Item 6C and noted the recess would be limited to 9:05 p.m. The City Council recessed at 8:45 p.m. The City Council reconvened at 9:13 p.m. C. Personnel Issues. Preliminary Consideration of Allegations or Charges against an Individual Subject to City Authority. City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was required to close the session to evaluate and impose discipline. He noted he had received a request from legal counsel for the individual against whom the charges are alleged that requested the issue be handled in an open session rather than a closed session. He then asked Mr. Hammerschmidt if he still wished the matter to be handled in an open session. Mr. Hammerschmidt indicated he wished the matter to be handled in an open session.