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Councilm~nber COx stated that Mr. Fountain stands in front of everybody and <br />reads the letter, but why didn't Mr. Fountain read the whole letter and why <br />didn't Mr. Fountain indicate that all members of COuncil were notified of the <br />special meeting regarding a gambling license for the Lions. <br /> <br />Mr. Fountain stated that COuncilmember COx can go suck his own eggs and <br />proceeded to read that portion of the J. R. Gilbertson letter that <br />COuncilmember COx referred to. Along side of COuncilmember COx's signature <br />there is a written ooe~ent stating "If no oonflict with City Ordinances as <br />viewed by City Attorney Willi~ Goodrich." <br /> <br />Mr. Goodrich stated that the letter Mr. Fountain referred to arrived at his <br />office on Monday morning and he doesn't know who brought it to his office. Mr. <br />Goodrich stated that in response, he had a letter delivered to J.R. 's Saloon <br />regarding the letter being invalid and that it gave no action on behalf of the <br />Council and Council's action of June 25 still held. Mr. Goodrich stated that <br />he also called Councilme~ber COx and told him that the letter was not <br />legitimate and Councilmember COx agreed with that determination. <br /> <br />Councilmember COx stated that he told Mr. Gilbertson that it's not the way to <br />call a l~ ic meeting; it does not circumvent any COuncil process; it was an <br />att~pt to help Mr. Gilbertson get things back in order. Councilmember Oox <br />stated that Mr. Gilbertson is a businessman trying to support employees. <br />Councilmember COx stated that there was no decision made on his part with that <br />letter. <br /> <br />Mr. Fountain stated that Mr. Gilbertson does not have the right to call a <br />COuncil meeting; there is a question in regards to the legallity of how this <br /> <br />COuncilmember COx stated that Mr. Berg was present at the time it was explained <br />to Mr. Gilbertson how a special COuncil meeting is called. <br /> <br />Mayor Heitman presented the subject letter and Councilmembers Sorteberg, COx <br />and Reimann verified that their signatures are contained in that letter. Mayor <br />Heitman inquired if the letter can be considered a violation of the open <br />meeting law. <br /> <br />Mr. Goodrich stated that all meetings of council, or any public body, must be <br />open with proper notice given; the open meeting law does not address written <br />meetings. ~e Supreme Oourt would look at the intent of the letter, what the <br />council persons had in mind, whether or not their intent was to avoid public <br />discussion. Mr. Goodrich stated that he cannot determine if this letter is a <br />violation of the open meeting law; he did check with League of Minnesota <br />Cities, Attorney General's offioe and the City's bond counsel; none of th~ say <br />there is open meeting law violation. ~he decision should be made by a court <br />and the citizens have a proper procedure and prooess to follow if they choose <br />to pursue it. <br /> <br />Mayor Heitman stated that the citizens brought it to the Council's attention; <br />why do the citizens have to pursue it? <br /> <br />Mr. Goodrich stated that the City of Ramsey has no interest in pursuing the <br /> July 9, 1985 <br /> <br />Page 7 of 22 <br /> <br /> <br />