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City Council meeting of June 3, 1991 <br />Paae <br />CONSENT AGREEMENT <br />In the summer of 199=►, Mr. David Schumann appeared in district court, and <br />was found guilty of constructing a building on his property without having <br />first secured a building permit. At that time, Mr. Schumann argued that <br />he had applied for a building permit, and it was not issued by the City <br />staff. The City argued that Mr. Schumann had never applied for, nor was <br />he issued, a building permit for the structure in question. Mr. Schumann <br />paid the $200 fine, and a Consent Agreement was discussed by the attorneys <br />for both parties regarding how to deal with the issue of whether or not <br />the building should be removed from the site, or some arrangement should <br />be made to allow the structure to stand. The Consent Agreement was <br />submitted by Mr. Schumann's attorney, and was signed by Mr. Schumann in <br />January of this year. This matter was referred to the City by the City <br />Prosecutor on March 1, 1991. The Agreement was submitted to the City <br />Council on March 18, 1991, along with a staff recommendation. This matter <br />was subsequently referred to the Ordinance Violations Committee of the <br />City Council. The OVC met with Mr. David Schumann on April 24, 1991, and <br />a copy of the minutes of that meeting were submitted to the Council for <br />their review, as well as a copy of the Consent Agreement. <br />Stolt man made motion, McAllister seconded, to table this matter to obtain <br />further leqal counsel recommendations. <br />Councilman Miron questioned who was "legal staff", and made the following <br />amendment: <br />Miron made motion, Brunotte seconded, that the Mayor be designated as the <br />contact person with the attorney representing the City in this matter. <br />VOTE ON AMENDMENT: <br />AYE: Hrunotte, Miron, Stolt man <br />ABSTAINED: McAllister and Jesinski <br />Motion Carried. <br />VOTE ON ORIGINAL MOTION: <br />AYE: Brunotte, Miron, Stolt man <br />ABSTAINED: McAllister and Jesinski <br />Motion Carried. <br />Councilman McAllister stated his reasons for abstention: <br />1. The attorney for the City's insurance company advised City officials <br />not to meet with the Schumann's to discuss this matter without our <br />attorney present, and the Committee chose to meet any way. <br />. A clear and direct conflict of interest appears to e>:ist since two <br />members of the OVC are personal friends and confidants of Mr. <br />Schumann. <br />