City Council Meeting Date: June 4, 2024
To: Mayor and City Council
From: Ben Martig, City Administrator
City Attorney's Office
Title
Consider Authorizing and Directing Execution of Check for Statutory Costs and Disbursements.
Body
Action Requested:
Motion to authorize and direct Mayor Rhonda Pownell and City Clerk Lynette Peterson to endorse a check made payable to Mayor Pownell and City Clerk Peterson by David Ludescher for statutory costs and disbursements in the amount of $575.00 pursuant to an order of the Rice County District Court, dated April 2, 2024, in District Court File Number 66-CV-23-2091, in order that the funds may be deposited in the City of Northfield general fund.
Summary Report:
Earlier this year, February 11, 2024, the Rice County District Court ordered the dismissal of a lawsuit brought by David Ludescher, which named Mayor Rhonda Pownell and City Clerk Lynette Peterson as defendants, individually and in their respective official capacities for the City of Northfield. The lawsuit sought to challenge a routine revision to the City Charter. The approved amendment was necessary to bring City Charter, Section 4.5, into compliance with state law. The amendment to the City Charter was recommended based on the advice of both an independent attorney hired by the Northfield Charter Commission to review the matter, as well as by the City Attorney.
Specifically, the lawsuit challenged the Northfield City Council's adoption of Ordinance 1048, which amended Northfield City Charter, Section 4.5, which ordinance was originally approved by the City Council on November 15, 2022. The lawsuit challenged the procedure by which the City Council adopted the ordinance containing Charter amendment.
The City Council took up Ordinance 1048 upon the recommendation of the Northfield Charter Commission pursuant to Minn. Stat. ? 410.12, subd. 7. Northfield City Charter Sec. 4.7 requires two readings of an ordinance prior to final passage. The ordin...
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