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Regular City Council Meeting Monday, June 15, 2009 Page 16 Mr. Young concurred with the timing as outlined by staff. Mayor Klausing suggested authorizing staff to issue a Ramsey Court Citation, al- lowing Mr. Young with two weeks to store the vehicle elsewhere or remove it from site himself. Councilmember Ihlan spoke in support of impounding the vehicle as a better solu- tion allowing for removal of the vehicle immediately. Mayor Klausing recognized Councilmember Ihlan's suggestion; however, noted that the vehicle was evidence in pending litigation. Mr. Young confirmed that the other driver was currently serving time; and that there was wrongful death litigation pending. Mayor Klausing advised that this opened up liability issues if the City were to im- pound the vehicle. City Attorney Scott Anderson advised that if, as indicated by Attorney Young, the vehicle was not his responsibility, and was evidence in future litigation; he rec- ommended that the City not impound the vehicle, as it may face later claims that the City did something to destroy evidence in a trial; and that staff's recommenda- tion to act under the Court telling Mr. Young what to do with the vehicle was the most appropriate action for consideration. Mr. Anderson advised that, based on a wrongful death case, the City could petition the court, however, noted that the City was not a party to that litigation, and if the City were to attempt to become involved, they would incur costs that wouldn't normally be incurred through the Citation process, with the Prosecuting Attorney undertaking those expenses through their retainer with the City. Mr. Anderson advised that staffs recom- mendation was the most cost-effective and most assured resolution of the City Code violations. Mr. Anderson asked if a Wrongful Death Trustee had been ap- pointed. Mr. Young responded affirmatively, that the decedent's sister was the Trustee, but that she was still traumatized. Mr. Young advised that if the City had an impound lot, he would pay to have the vehicle towed where it would be relatively safe, and the City would be helping a very distraught family. Mayor Klausing stated that the evidence was currently being stored on the boule- vard adjacent to the Target store; and questioned where the City could store it that would be any less secure. City Attorney Anderson advised the City Council against taking responsibility for Mr. Young's evidence by impounding it, without his research of further potential