Minutes - Council - 07/09/1985 - Special

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Motion carried. Voting Yes: Mayor Heitman, Councilmembers Sorteberg, Cox, Reimann and Schlueter. Voting No: None. Mr. Douglas Fountain - 15255 Garnet - Stated he would like to con~nent on the letter concerning J.R. 's Saloon signed by Councilmenbers Sorteberg, Cox and Reimann dated June 30, which is a Sunday. For the benefit of anyone here who has not read it, Mr. Fountain did so: "Being fully understood that James R. Gilbertson has met the requirements of the City of Ramsey, including the $4200.00 certified check for an on-sale liquor license, the undersigned are in accord and are willing to extend the property taxes due to r~ later than August 1, 1985. Because of the essence of time which would put an extreme hardship on Mr. Gilbertson to close his business for a number of weeks, we the undersigned Council me~bers of the City of Ramsey has approved his request." Mr. Fountain stated that Section 3.01 of Ramsey's City Charter says "the mayor or any two members of the council may call special meetings of the council upon at least 24 hours notice to each m~nber"; no evidence of ccmpliance with that requir~ent exists. Mr. Fountain stated that on April 18, 1985, City Attorney Goodrich presented a m~norandmn to the City council concerning clarification of the Open Meeting Law. Mr. Fountain quoted Mr. Goodrich's interpretation - "the Suprame Court went on to state that of course, serial meetings in groups of less than a quorum for the purposes of avoiding public hearings or fashioning agre~nent on an issue may also be found to be a violation. The general rule therefore is that persuasion and discussion within the council becomes improper when m~nbers intend to avoid public discussion altogether, try to gain majority prior to public hearing on the issue, or try to hide improper influences." Mr. Fountain stated that since the last line of the subject letter says ~e, the undersigned council members of the City of Ramsey have approved his request", he feels that this is a blatant violation of the Open Meeting Law. Mr. Fountain stated that indeed, it appears that 3 council members were attempting to do council business on a Sunday without proper notification. Mr. Fountain stated that Mayor Heitman and Councilm~nber Schlueter should be outraged that their rights were violated as they were neither notified or consulted. Mr. Fountain stated that if this is allowed to continue, who knows what kind of decisions will be made. Mr. Fountain stated that on June 19, Councilmembers Cox and Reimann called a special meeting obstensibly to waive a 30-day waiting period for a license for a boat raffle the Lions are conducting. Further investigation of the resolution adopted at that special meeting shows that they "approved a gambling license" without questioning where, what kind of gambling and what security precautions were to be taken. Mr. Fountain stated that 3 council m~bers are turning their 60% vote into a 100% vote. Mr. Fountain stated that he hardly feels, with a majority of the council under scrutiny, they would support an investigation. Mr. Fountain stated that at the same time, two other possible violations should also be examined. Both concern the Personnel Comittee; one, in the spring of 1983, was reported in the Star and Tribune and the other was recently reported in the Union. It is alleged that the Committee told the City Staff to leave the meeting. Mr. Fountain stated that under Ramsey's Ordinance 10.107, the City Administrator is allowed to spend up to $500 without Council approval and in the interest of justice and 'honesty in government', which is the platform Mr. Cox supposedly runs on, and urged the City Administrator to start an investigation. Mr. Fountain stated that the residents of Ramsey deserve a City government they can trust and believe in. Mr. Fountain asked Mr. Schnelle if he will start an investigation or will this miscarriage of justice be allowed to continue. July 9, 1985 Page 6 of 22