1994-02-07 CC Closed Meeting 8:15 p.m.ALBERTVILLE CITY COUNCIL
CLOSED MEETING
February 7, 1994
Albertville City Hall 8:15 PM
PRESENT: Mayor Mike Potter, Councilmembers Duane Berning,
Albert Barthel, John Vetsch and Sharon Anderson, City Attorney Mike
Couri, City Clerk Linda Houghton
Mayor Potter called the closed meeting to discuss the
pending litigation with Ralph and Helen Ackerman.
Attorney Couri reported there is a scheduling conference
coming up the middle of February. At this conference the judge
will give the schedule of discovery, the trial date, etc.
Couri also told the Council that Ackermans have filed a
countersuit against the City. George Hoff, an attorney from the
LMCIT, will handle this phase of the lawsuit. Couri indicated that
he agrees with Hoff that the suit is close to a summary judgment.
Couri advised the Council that the judge will probably
encourage a settlement rather than a court trial. If the Council
decides to settle the case out of court, Couri feels it is
important that Ackermans be required to post money that can be used
to make the improvements to the kennel. If Ackermans fail to
perform as agreed upon, the City can use those posted funds to make
the improvements.
At this point, the City Council does not need to act on any
issue. The point of the meeting is to inform the Council of what
action is taking place.
Couri advised the Council that he does not anticipate that the
court will award legal fees to the City.
Anderson made a motion to adjourn the closed meeting at 8:23
PM. Vetsch seconded the motion. All voted aye.
Michael Potter, Mayor
Linda Houghton, Clerk