Agenda - Council - 04/22/2008 - Laserfiche WebLink

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Mayor Gamec asked if the City could send a letter to the Commerce Department that this company has taken out 26 permits, only 2 have been inspected and the City feels this is harmful to the safety of our citizens. City Attorney Goodrich stated that the City could do this, but it would not help Mr. Hendriksen's case. Councilmember Olson asked if a letter could be sent out with the building permits making it clear what needs to be done as part of a final inspection. Building Official Kaehler stated that essentially this already happens and the City follows State Building Codes. Councilmember Dehen reiterated that he would like City Attorney Goodrich to take a look at the merits of the case, however, likes Mayor Gamec's idea of sending a letter to the Commerce Department also. There was a Consensus of the Council to direct City Attorney Goodrich to review the legal merits of Mr. Hendriksen's case to determine if an Amicus Curae is desirable. Case 3) Request by Councilmember Matt Look for participation in an Amicus Curae — "Friend of the Court" Brief City Attorney Goodrich stated that the agenda title is a misnomer and Councilmember Look was not asking for an Amicus Curae. Councilmember Strommen stated that because this is something that two Councilmembers are bringing forward, she would like to be aware of when they are speaking as citizens and when they are speaking as Councilmembers. City Attorney Goodrich explained that Councilmember Dehen is representing Councilmember Look in a complaint for a declaratory judgment in a case against the PACT Charter School. He stated that Councilmember Look is interested in the school giving priority to Ramsey residents which comes down to a fine point of the term "city" versus "town ". He noted that Councilmember Dehen has taken the legal position that the two terms mean the same thing, but the PACT school has stated that they think the word "town" refers to literal interpretation of townships. He stated that there has been some question on whether the two Councilmembers have a conflict of interest in this case because they are on the Council, they are Ramsey residents and they are parents of children who are eligible to attend the school. He stated that there are at least three other Councilmembers who also have children or grandchildren that are eligible to attend this school also. He stated that he has reviewed this situation in depth and he does not think that Councilmembers Dehen and Look have a conflict of interest in this case. He stated that the City is not being asked to be litigants in this case, but to promote something that Councilmembers Dehen and Look feel is a general value to the citizens of Ramsey. City Council Work Session /April 1, 2008 Page 10 of 20