11-30-1990 Special
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MEMBERS PRESENT:
MEMBERS NOT PRESENT:
STAFF PRESENT:
CITY OF RICHFIELD, M3NNESOTA
SPECIAL CITY COUNCIL MEETING
NOVEMBER 30, 1990
Steven Quam, Mayor; and Michael Sandahl.
Ivan Ludeman, Martin Kirsch.
James Prosser, City Manager; Thomas P.
Ferber, City Clerk; and John Dean, City
Attorney.
The meeting was called to order by Mayor Quam at 6:45 p.m.
He stated a quorum was not present and the meeting would be
recessed for 15 minutes.
At 7:00 p.m., Mayor Quam stated the meeting would remain
recessed due to lack of a quorum.
At 7:17 p.m., Mayor Quam stated the meeting would remain
recessed due to lack of a quorum and awaiting of the Judges
ruling.
At 8:40 p.m., Mayor Quam cited City Charter Section 3.03 and
continued the meeting to 11:00 a.m. December 1, 1990.
CONTINUANCE OF SPECIAL CITY COUNCIL MEETING
DECEMBER 1, 1990
MEMBERS PRESENT: Steven Quam, Mayor; Michael Sandahl; Ivan
Ludeman, and Martin Kirsch.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Acting City Clerk; and John Dean, City
Attorney.
The continued meeting was called to order by Mayor Quam at
11:00 a.m.
Item #1 CONSIDERATION OF RESCISSION OF THE ACTION OF THE CITY
COUNCIL OF NOVEMBER 26, 1990 DENYING THE MOTION TO
DECLARE A VACANCY IN THE POSITION OF WARD 3 COUNCIL
MEMBER.
Council Member Ludeman asked why the rescission motion was
necessary since no action was taken on Monday, November 26.
City Attorney Dean responded that the City Council did take
action on Monday by denying the motion declaring the vacancy.
Mayor Quam asked if anyone wished to speak on this matter.
Special Council Meeting
-2- November 30, 1990
Ernie Lindstrom, 7406 Fremont Ave., stated that a motion
that fails does not require rescission according to parliamentary
procedure.
Shirley Johnson, 7609 12th Ave. South, stated that she wants
someone to represent her on the City Council. She also said she
wants the vacancy declared and an appointment made.
Shannon Kilkenny, 6626 10th Ave. South, stated that she
wanted City Council representation and asked Council Members
Ludeman and Kirsch why they were not present at the November 30,
1990 special meeting.
Council Member Ludeman responded that he had a temperature
and was in bed.
Council Member Kirsch responded that at the City Council
meeting of November 26, 1990 the Council decided to act on the
vacancy issue on December 12, 1990 and that there was no Council
consensus~on any special City Council meeting to take place on
the matter sooner.
M/Sandahl, S/Quam to rescind the action of the City Council
of November 26, 1990 denying the motion to declare a vacancy in
the position of Ward 3 Council Member.
Motion carried 3-1 (Kirsch opposed).
Item #2 CONSIDERATION OF A PROPOSED RESOLUTION DECLARING A
VACANCY TO EXIST ON THE CITY COUNCIL
Mayor Quam asked Council Members if they felt the form of
the resolution was correct.
Council Member Ludeman responded that he had no problem with
the resolution. He said, however, that he was not aware of a
court hearing concerning the Council vacancy issue this past
Wednesday. In fact, stated Council Member Ludeman, he knew
nothing of the hearing until after it was aver. He added that he
was very concerned about the City Manager's appointment of legal
counsel Ed Plummer to represent him at the Wednesday hearing
without first consulting with him to respond to the selection of
legal counsel.
Council Member Kirsch stated that he found it troublesome
that comments from City employees were made concerning the
Wednesday court action before he was officially informed by the
City Manager. He added that he was also concerned about the City
Manager's appointment of an attorney for him without prior
consultation.
Special Council Meeting -3- November 30, 1990
Council Member Sandahl said that the legal action taken here
was brought by a private citizen not the City Attorney or the
City Manager. He said it was not the City Manager's fob to look
after legal matters such as this for Council Members.
Mayor Quam stated that he took the action as the Mayor and
did so because he felt it was necessary for this matter to
proceed.
City Attorney Dean stated that the matter of the first
hearing came on very quickly. Mr. Plumber was retained because
it was believed, at the time, that the City was to be named as a
defendant. The City Attorney added that Mr. Plumber stated at
the hearing that he was there on behalf of the City.
Council Member Sandahl read a prepared statement concerning
his position regarding the vacancy matter. He also read a
statement written and submitted by Bridget Gaeleigh (Clerk's File
No. C-316), 6626 10th Ave. South, who was concerned that she was
unrepresented on the City Council.
Council Member Ludeman stated that on the Wednesday before
Thanksgiving, he received a message on his phone recorder from
Mr. Sandahl regarding a proposed deal on trading support for
appointments of Council vacancies. Mr. Ludeman stated that he
was opposed to a back-door process and that is what sparked this
action.
Council Member Sandahl stated that he disagreed with Mr.
Ludeman's representation of what took place. Mr. Sandahl said
that he spoke to the issue of constructing an amicable process of
selecting replacements and not trying to make a deal.
Council Member Kirsch said that Mr. Sandahl brought up two
names saying that if you support our choice, we will back yours.
He said he felt Mr. Sandahl was advocating that the Council not
use an open process.
Council Member Kirsch stated that Mrs. Garcia did not have
to resign early, as she did. He added that he disagreed with
citizens who say they are not represented. Those individuals are
represented by their Council Member at Large and the Mayor.
Council Member Sandahl said that he used two names in a
conversation with Mr. Kirsch but did not suggest that the City
Council not use an open process.
Mayor Quam said that he had no conversations with Council
Members regarding this appointment process. He said that taking
this legal action was his own idea that occurred to him on Monday
evening after the Council meeting. It occurred to him that he
did not feel confident that the appointment would take place on a
bipartisan basis and that he did not want to have to make the
appointment.
Special Council Meeting
-4- November 30, 1990
Council Member Ludeman cited a 1983 court case decision in
which it was determined that Board or Council Members could not
talk about items for a future agenda. Such an action could be a
violation of the open meeting law.
Motion carried 4-0.
M/Ludeman, S/Quam that the following resolution be ado t~ ed;
that it be spread in the resolution book and that it be made part
of these minutes:
RESOLUTION NO. 7698
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
Motion carried 4-0. This resolution appears as Resolution
No. 7698 in Resolution Hook No. 59.
ADJOURNMENT
The meeting was adjourned by unanimous
Acting City Clerk
St'ev~n J.
t at 11:~ a,~
Mayor
J me D. Pr sser
C t Manager
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Date Approved : 12/ 10/ 90