1991-1992 Closed Meetings/Chronology of Events
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5-28-91
6-21-91
7-3-91
7-31-91
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CITY OF ALBERTVILLE
CHRONOLOGY OF EVENTS
PERTAINING TO CLOSED MEETINGS
Based on Andy Savitski's complaints concerning
the assessments on his lots in the Sunrise
Commercial Park, the attorneys began looking
into the cost of the bonding for Sunrise
Commercial Park.
City Clerk Linda Houghton and attorneys Mike
Couri and Bill Radzwill met at City Hall with
Tom Truszinski of Juran & Moody to discuss the
fiscal agent fees associated wi th the 1988 bond
that financed the improvements in Sunrise
Commercial Park and that al so refunded two
prior bonds. Juran & Moody was asked to refund
those fees.
City attorney delivered to the
preliminary schedule of adjustment
Sunrise Commercial Park assessments.
Ci ty a
to the
The city attorney noticed that the reduced fee
for refunding bonds correlated with statutory
limitations requiring that total savings be at
least 3% of net present value. If the fees
had not been reduced, refunding could not have
occurred.
Aug-Sept The attorney continues to work out an adjusted
assessment of the Sunrise Commercial Park and
the revised assessment schedules are discussed
at regular City Council meetings.
9-10- 91 The Ci ty at torney contacted Juran & Moody
regarding questions as to the fees charged on
the Sunrise Commercial Park improvement bond.
10-1-91 Mayor Walshl Councilman Donatus Vetschl city
CI erk Linda Houghton and Ci ty Attorney Mike
Couri met at City Hall with Tom Brownell of
Juran & Moody to discuss the matter of
settlement. At this meeting the City suggested
a settlement in the area of $401000. Brownell
suggest Juran & Moody would consider a
settlement more in the $8,000-$10,000 range.
10-7-91
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The Ci ty Counci I approves the adjusted
assessment schedul e for Sunrise Commercial Park
and sets an assessment hearing for October 30,
1991.
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10-16-91 Juran & Moody faxed spreadsheets of prior work
to the city attorney's office. The city
at torney spoke via telephone wi th steve Mat tson
and Ted Brownell regarding work performed on
the Sunrise Commercial Park bond and the
refunding bonds.
Mid-Oct The city discovers that the levy schedule in
the sewer refunding bond was not correct and
that the City had not levied sufficient amounts
in 1990 to cover the debt service for the bond
payment in 1991.
10-21-91 At the regular City Council meeting the Council
was advised to set a closed meeting to discuss
financial matters covered under the
attorney/client privilege. A closed meeting
was scheduled for October 30, 1991, after the
assessment hearing previously scheduled.
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10-23-91 Mayor Walsh, Councilman Vetsch, and City Clerk
Linda Houghton met at the Radzwill Law Office
in st. Michael with attorneys Mike Couri and
Bi 11 Radzwi 11 to di scuss the Juran & Moody
matter, financial position of the city, and
what the city's legal options were in regard
to financial errors made by previous city
administration.
10-30-91 The reassessment hearing on the Sunrise
Commercial Park was continued to November 19,
1991, in order to negotiate an agreement with
Andy Savitski.
10-30-91 The City Council met in a closed session to
discuss Juran & Moody issue and legal options
in regard to financial errors by prior ci ty
administrator (minutes of meeting attached).
11-4-91 The ci ty attorney contact Ted Brownell of Juran
7 Moody to discuss refunding issues.
11-18-91 The City Council passes a resolution to deduct
$9,065 from the total Sunrise Commercial Park
assessment to compensate the owner for
additional expenses he has already incurred or
will incur in the future to develop his
property.
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11-19-91 The City Council passes a resolution adopting
the adjusted assessment for the Sunrise
Commercial Park.
2-18-92
At the regular City Council meeting, the city
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2-21-92
3-2-92
3-17-92
5-4-92
5-18-92
6-1-92
7-6-92
7-20-92
cl erk was di rected to schedul e a closed session
of the Ci ty Counci 1 on the March 2, 1992,
Council meeting to discuss attorney/client
privileged information.
The city attorney
regarding settlement
with steve Mattson.
continues discussion
of Juran & Moody issue
The City Council recessed the regular Council
meeting to meet in a closed session at 8:55 PM
(minutes of the closed session are attached).
The Council reconvened the regular meeting of
the City Council at 9:20 PM.
The Council did not meet in a closed session
as scheduled at the 3-2-92 closed meeting
because of a lack of information.
The City Council schedules a closed session to
discuss matters covered under attorney/client
privilege as recommended by City Attorney Bill
Radzwill for May 18, 1992.
The City Council recessed the regular Council
meeting at 8:45 PM to meet in a closed session
(minutes of the closed meeting attached).
Mayor Wa 1 sh reconvened the regul ar Counci 1
meeting at 9:10 PM.
The Council did not meet in a closed session
as planned at the closed meeting 5-18-92
because a settlement has not been reached.
Upon recommendation of the city attorney, the
City Council schedules a closed meeting to be
held at 6:30 PM on July 20, 1992.
The City Council met in a closed session at
6:30 PM (minutes of the closed meeting
attached) .
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MINUTES OF CLOSED MEETINGS
CONDUCTED BY THE ALBERTVILLE CITY COUNCIL
REGARDING POSSIBLE LITIGATION
October 30, 1991 - 8:58 PM
PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, Duane
Berning, Mark Barthel, and Mike Potter, City Attorneys Bill
Radzwill and Mike Couri, City CLerk Linda Houghton
Mayor Walsh called the closed meeting to order. The purpose
of the closed meeting is to discuss possible litigation against
the previous administrator and Juran & Moody, Inc., financial
advisors for the City.
Mayor Walsh turned the meeting over to the City Attorney to
explain the events as they have unfolded. Radzwill explained that
in 1988 two prior bonds were refunded and the refunding of those
bonds together wi th the G. O. Improvement Bond for the Sunrise
Commercial Park were combined. The total of the improvement bond
was $110,000 and the two refunding bonds totaled $395,000.
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In May of 1991, Andy Savitski complained that the assessment
on his commercial park lots were higher than he expected. The
attorney began checking into the bonding and found that fiscal fees
of $11,000 were changed to the $110,000 improvement bond, while
fees of onl y $3,950 were charged to the two refunding bonds
totaling $395,000.
On June 21 Radzwill, Couri and Linda met at City Hall with Tom
Truszinski of Juran & Moody and questioned why the improvement bond
was charged 10% fiscal fees and the refunding bonds were only
charged 1%. The city attorneys told Truszinski that the only
plausible explanation they could find was that the fees were
shifted from the refunding portion of the bond to the improvement
portion of the bond in order to meet state requirements for
refunding. Truszinski agreed to discuss the matter with his
superiors at Juran & Moody.
Mayor Walsh, Linda, Radzwill and Couri met at City Hall with
Ted Brownell of Juran & Moody on October 1 to discuss the issue of
settlement of the City's claim that Juran & Moody shifted fiscal
fees from two refunding bonds to the Sunrise Commercial portion of
the bond in order to meet state statutes as to net value savings.
It was the City's position at that time that a settlement of around
$40,000 was appropriate. Brownell indicated that Juran & Moody
would consider a settlement of $8,000-$10,000. Brownell indicated
that he did not have the complete files on the bond issue with him
at this time. He would have to check his records at the office for
copies of the trial runs for the bond as requested by Couri.
. On October 16 Couri spoke via telephone with Brownell who told
him he had found the trial runs Couri has requested. Brownell
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Closed Meeting
October 30, 1991
Page 2
stated that, in fact, he had had the trial runs with him on October
1 at City Hall when it was originally requested. Two trial runs,
one undated and one dated November 28, 1988, were faxed to Couri
that day.
At around the same date, Couri discovered that the levy
schedule in the sewer refunding bond was not correct and the City
had not levied sufficient amounts in 1990 to cover the debt servdce
for the bond in 1991.
In reviewing the trial runs faxed to his office, Couri noticed
that the 800 telephone number printed on the trial run was
different from the numbers that were on all previous correspondence
from Juran & Moody up through 1990. Couri contacted MC! to
determine when the 800 telephone number listed on the trial run was
assigned to Juran & Moody and was told that number was not assigned
until January of 1990. Based on this information Couri concluded
that the trial run document is not authenic and appears to have
been created after January of 1990.
The matter of the 800 telephone number was brought to Mayor
Walsh's attention prior to the regular Council meeting on October
21. Mayor Walsh asked that a meeting with Acting Mayor Donatus
Vetsch, City Clerk Linda Houghton, himself and the attorney be set
up at the attorney's office as soon as possible. This meeting was
held on October 23 at which time the information was presented to
those present.
Radzwi 11 feel s Juran & Moody made an error in the 1 evy
necessary to fund the bond by misreading the $41,000 figure that
should have been levied annually as the total amount to be levied
over the life of the bond. The bond document calls for an annual
1 evy of $2,500. The previ ous administrator actual 1 y 1 evi ed a
different amount, but the attorney has been unable to determine how
that amount was arrived at.
If Juran & Moody intentionally deceived the city on the
refunding bond, it could have caused the prior Council unknowingly
to do something illegal. If that is so, a failure by Juran & Moody
to comply with state statutes regarding refunding could put the
bond in jeopardy and could leave room for the bond to be
challenged. The City may be entitled to punitive damages on these
charges.
Radzwill recommends the City withdraw its $40,000 offer to
settle based on the fact that the bond does not cash flow and the
City does not know the extent of damages it may have suffered. By
paying more interest on the bond than the City earned on interest,
Radzwill estimates that the city may have lost between $300,000-
$400,000 that may have been earned had the City received advice
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Closed Meeting
October 30, 1991
Page 3
regarding investment options for funds kept in the checkbook at
5.25%. The City should then systematically start a discovery
process. Radzwill stated that the discovery process is costly, but
that the court costs and the city's legal fees should be recovered
in either a trial award or a settlement. Through deposition, Juran
& Moody must admi t whether the trial runs faxed to Radzwi 11 's
office are true and correct. It is also necessary for Juran &
Moody to depose to the fact that the trial run documents were in
their paper files, as Brownell has stated to Couri.
In light of the discoveries the attorneys have made, Walsh
suggests that the city consider a settlement of $200,000 from Juran
& Moody in addition to punitive damages.
Radzwill also recommended that the City attempt to collect
from its Errors & Omissions insurance for the errors and omissions
caused by the previous administrator. The attorneys stated there
is no indication that the previous administrator took any Ci ty
funds, but her failure to perform her duties caused the City to
lose money.
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Councilman Berning questioned the attorney about whether there
was a way that Juran & Moody could get out of this issue and what
the City would be looking at in legal fees. Radzwill stated that
legal costs could run between $8,000-$20,000. Radzwill explained
that in the discovery process will force Juran & Moody to admit
whether the trial runs are true and correct. Once this is
accomplished, the City will be able to present evidence that the
800 telephone number printed on the trial run was not assigned
until January of 1990. The City will notify Juran & Moody that the
offer of settlement is being withdrawn solely on the basis of the
bond levy errors.
Radzwi 11 emphaticall y reminded the Counci 1 and Linda that
absolutely no comments could be made regarding this closed meeting
once it is adjourned.
Potter made a motion directing the City Attorney to proceed
wi th the discovery process. After the discovery process is
compl eted, the Counci 1 wi 11 set up another closed sessi on to
discuss how to proceed. Barthel seconded the motion. All voted
aye.
Vetsch made a motion to adjourn this closed meeting at 10:21
PM. Potter seconded the motion. All voted aye.
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March 2, 1992 - 9:03 PM
PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane
Berning, Mark Barthel, City Attorneys Bill Radzwill & Mike Couri,
City Clerk Linda Houghton
The purpose of the closed meeting was to discuss the City's
possible claims against the former administrator and against Juran
& Moody, Inc.
The City had discovered that a refunding bond issued through
Juran & Moody to refund two other bonds and to finance the Sunrise
Commercial Park improvements showed that $11,000 had been charged
to the commercial project while $3,950 had been charged to the two
refunding bonds. Because the improvement bond was for $110,000 and
the two refunding bonds total ed $395,000, it appeared that the
majority of the fiscal fees were added to the improvement portion
of the project in order to enable the two refunding bonds to be
refinanced within state guidelines as to net present value savings.
Radzwill, Couri, and Linda met with Tom Truszinski from Juran
& Moody to discuss this question on June 21, 1992. Truszinski
explained that when the former Juran & Moody representative to the
City of Albertville left his position with Juran & Moody, he took
with him his files. Truszinski agreed to look into this matter.
At the October 1, 1991, meeting with Ted Brownell of Juran & Moody,
Brownell indicated that a settlement of $8,000-$10,000 may be
reasonabl e. Couri suggested that the Ci ty was looking at a
settlement around $40,000.
Couri explained that he has discovered that a schedule faxed
to his office from Juran & Moody on October 16 lists a 800
telephone number that does not appear on any other correspondence
from Juran & Moody until 1990. Upon checking with MCI, Couri had
been told that this telephone number was assigned to Juran & Moody
January of 1990. Later Couri was informed by MC! that the 800
number had actually been assigned to Juran & Moody in October of
1988. This means that the schedule Couri received via fax could
have been generated on the date listed on the schedule, and that
the previous date of January 1990 given by MC! was incorrect.
The discussion changed to the former administrator's failure
to levy bond payments, failure to pay federal, state and P.E.R.A.
taxes, and other errors that have resulted in additional expenses
to the City. Couri advised the Council that attempts to collect
damages through the court system from the former administrator
would be expensive for the City and may result in no compensation.
Walsh requested written documentation and exhibits detailing
what has occurred and how it pertains to the former administrator.
A claim will be made on the City's Errors & Omissions policy and
the bond on the former administrator.
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Closed Meeting
March 2, 1992
Page 2
The Council agreed to meet in another closed session during
the regular City Council meeting on March 17, 1992, if a report
from the City Attorney is ready.
The closed meeting adjourned at 9:25 PM.
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Mav 18, 1992 - 8:45 PM
PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, Duane
Berning, Mike Potter, and Mark Barthel, City Attorney Mike Couri,
City Clerk Linda Houghton
Mayor Walsh opened the closed session to discuss financial
matters under the attorney/client privilege. Walsh asked Couri to
provide the City will a letter advising the city that they legally
schedule and meet in a closed session.
Couri reported on the progress of the insurance and bond
claims against the former administrator. The bond company wi 11
investigate the matter and will contact the former administrator
and other pertinent witnesses on the subject if the Council wishes
to proceed. Couri does not feel that the amount that possibly be
recovered through the bond would be enough to justify the expenses
the City would incur in pursuing this option.
Couri recommended that the Council either make a decision to
proceed, wi th the knowl edge that pursuing ei ther the insurance
company or the bonding option would be costly to the City.
Couri reported on the progress of the Juran & Moody (J&M)
issues. He presented a summary of events detailing past actions
by J&M. J&M has made an offer of settlement of $4,000. Couri
suggested that a committee be appointed to negotiate with J&M on
a settlement.
Barthel made a motion to have two of the Council meet with
representatives of J&M in an attempt to negotiate a settlement.
Vetsch seconded the motion. All voted aye.
After an agreement is reached with J&M, the minutes of the
closed meeting will be summarized and released to the public.
Couri will set up a meeting for the committee to meet with J&M as
soon as possible.
The clerk has in her possession as a part of the record the
Summary of Events report submitted by Couri. All other copies of
the summary were collected by Couri.
Potter made a motion to continue the closed session at the
next Council meeting if a settlement has been negotiated. Barthel
seconded the motion. All voted aye.
The closed session was adjourned
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JURAN & MOODY SUMMARY OF EVENTS
1. August 23, 1988, J&M presents a preliminary calculation
detailing a proposed bond refunding ln the amount of
$680,000.00. Bonds to be refunded are the 1984 Sewer Bonds,
the 1982 Improvement Bonds, and the 1982 Clinic Bonds.
Estimated fiscal fees are $6,800.00 and estimated Refunding
Computation fees are $6,800.00 for a total of $13,600.00 in
fees for the refunding.
2. Sometime after August of 1988, the Clinic bonds are dropped
from the refunding proposal, leaving a total of $400,000.00 as
the refunding bond issue. This is shown in the next
preliminary calculation dated November 15, 1988, which details
a financial advisory fee of $4,000.00 and a Refunding
Computation fee of $4,000.00, for total fees of $8,000.00.
3. The final analysis, dated December 23, 1988, lists a bond
tefunding issue of $395,000.00 with no Refunding Computation
fee and a Financial Advisory of $3,950.00. Total fees are
$3,950.00, or 1% of the bond issue.
4.
The refunding bonds were issued at the same time as the G.O.
Improvement bonds for Savi tski' s property, and while the
refunding bonds are separate from Savitski's issue, the two
were approved together and were billed together to the City.
Savitski's bond issue was in the amount of $110,000.00, with
a fiscal fee of $11,000.00, or 10% of the bond issue. The
fiscal fee was passed on to Savitski through the assessment
placed on his property.
5. Fiscal fees on the $210,000.00 bond issued for Albertville on
July 6, 1988 came to $4,000.00, or slightly less than 2%,
which seems to be normal and is in line with what J&M charged
before and after Savitski's bond issue. These fiscal fees are
in addition to the discount charged on bo.nds, usually an
additional 2%.
6.
I believe that the fiscal fee on the refunding bonds was
shifted to Savi tski ' s bond issue in order to meet state
statutes regarding bond refunding. Under the statutes, a
refunding must save at least 3% over the payments due on the
existing bonds. The refunding bonds had savings over the
statutorily required amount of about $2,700.00, not enough to
pay for the approximately $7,000.00 to $7,500.00 that was
shifted to Savitski' s bond issue. Had the shift not occurred,
the required 3% would not have been met and the bonds could
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not have been refunded in 1988.
7.
Interest rates have come down since these bonds were issued in
December 1988. If the bonds had not been refunded in 1988,
they could be refunded today at lower rates than the City is
currently paying. However, I have not calculated the
difference in cost that the City may have been able to save by
issuing the bonds today instead of 1988.
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andt.P'W J. ~aCArihU-r
Michael C. (.,'(Juri
StatZ/e.v A. Rlli,i'otl,
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William. S. RadzwiJl
RAJ>ZWIU LA W OFFICE
AU(lf"tUlY./j at Lilli'
l~dJ.:ewOM P1'oft!S~'i(J'1tI1 Build/liS
7()5 Ccmtrul AvemUf: Etf"t
P. 0, /Jo.'t 309
Sallll Midmel, Mimlt's"ul. /;.5$76
(On) 497. 19.1()
(612) 497-Z.599 (FAX)
Mei J. Dallmml,
AdmflJ. A,v,vi:dlJllt
J0I111 [)p.T.IlwuJ"i!l1U,
Fillallcial A"a~y.fl
K,.i,\'ll"a DcLculfUlrKllu,
Ar.f.YIufIls RC'l:iml1lr:
DOlllla .J, N!i.u.\'OIl,
Recepricl/Il.c;tlClel'k
May 28, 1992
CONFIDENTIAL
A1DC'rt.vi 11 & City Counn; 1.
Alh~rtville City Hall
5964 Main Ave. N.E.
^lbertville, MN 55301
Dear Councilmembers:
In regard to the clo$ed council meetings that have baan held
1n A1berLville ~o discu~~ ul~imo the city may hQVC againat third
parti es , it is our position t.hat the cloYt.2d meetings called to
cHscus::; l:l t.igation strategy Qna rn/;lt.ters that would affect. t.hC!
liti9a~ion of those claims were proper.
with reference ~o tho Juran & Moody matter, thA Cnuncil, upon
advice trom our orrice, authorized the filing of a lawsuit against
Juran & MUlJuy. After further facts had beoome claar, the council
i:igr~~u that litigation ::;hould not be pursued at this time, but t.hat
negotiCltluus should be undertaken with .1uran & Moody as to
settl~ment of the dispuL~. Speoificc of the City's strengths and
weaKnesses in litigation ClflU in negotiation.s were disoussed, as
were settlement ot'ff:t,t"::; made by Juran IX Moody. All of these
discussions involved sensitive iosu~s coming within the seope of
tho attorney-olient privilege.
In a $imilar fashion, tho Counoil has met to disouss 'what.her
to pursue the League ot Mlnuesota cities Insurance Trust, Wo~tern
surety company (fidelIty 1:Juud) or fOl..mer City ~mployoeo,or any
combination of the three, in litigation regarding damages'suffered
by the City due to errors and/or omissions made at City Hall from
1985 through the early part of 1991. Specifically discussed at
these meetings were the po~~iLle recoveries the city could expect,
the potential defenses that could b~ asserted against the city in
litigation as well as an assessment of the strength of these
defenses, and the amount of money the ClLy may be willing to spend
on such litigation. Th~~!:;!::; discussions also involved ocnoitive
issues coming within the I::icope of the att.orney-client privilege.
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From RADZWILL LAW OFFICE
PHONE No.
612 497 2599
Ma~.29 1992 3:11AM P03
Albertville City Council
May 28, 1992
Page Two
In both o~occ, the closQd-meeting discl.1~R ; on~ dealt with
specifics that, if dealt with publicly, would severely prejudioe
the City in litigation and negotiations Qgaino~ a third party on
thrl.u,;iE:! mattera. With regQrd to both matters, we feel our advice t.o
close the meetiI19~ and the Council's actions in closing thE!
meetings were pl.-oper and neceasnry undor the attorney-cli"l'1t
prlvll~ye exception to the open moeting law undQr Minne~ota
statute~ and case law. We believe Uldl tho city of Albertville
could not hava e:Ctectively addressed the atrcngthe: and weaknQs5ttil5;t
concerning litig~Llui1 or the City's claims in these matter~ had the
meetings be~n u!J~nly hE!ld .whoro part:i es with whom the cit.y waR
neguLidtin9 (Jul.-an & Moody and t.he r~Gaguc of Minnesota Cit.i.es
In~uL'GlJl(.:~ Trust) would have access to tho Ci t.y' s negotiating and
trial strategies.
I have discussed this mattar with Mike Gallagher of the state
(,)1 Minnesota Attorney General'a Office. He ia in agreement t.hat,
under Minnesota case law und statutory law, the matters diliJcussad
at the clo:;)E:!l.l meetings we:l:e proper matters in which to Cllose a
meeting under t.he attorney-client. privilege. He is aleo in
agreement that minutes of the closed meetings should be published
when the need tor confidenti<:lllty no longe1.- exists. That t.ime
would occur aft..e.!:" Lht:! city has seetled a matter or ilfter tho cit.y
hac chocen not to pursuQ a matter furth~r.
If you have any questions re9arding these matt.ers, p] Aa~A teel
free to contact me.
sincerely,
~ r:~,
Michael C. Couri
RAD~WILL LAW OFFICE
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July 20, 1992 - 6:30 PM
PRESENT: Mayor Jim Walsh, Councilmen Donatus Vetsch, Mike
Potter, Duane Berning, and Mark Barthel, City Attorney Mike Couri,
City Clerk Linda Houghton
Mayor Walsh called the closed meeting to order. The purpose
of the meeting is to discuss the course the City should take to
determine whether to attempt to recover monetary compensation from
Juran & Moody and/or the previous administrator.
The Council agreed not to proceed with legal action against
the previous administrator based on the fact that the records of
the Ci ty for the time period are incompl ete, making proof of
liability on the part of the previous administrator very difficult
and expensive.
Mayor Walsh, City Clerk Linda Houghton, and City Attorney Mike
Couri met earlier with steve Mattson to discuss settlement issues.
Ma t tson said he woul d go to J &M' s Board of Di rectors and woul d
contact us wi th a set t 1 ement offer. Couri reported that steve
Mattson of J&M has made the City an offer of settlement in the
amount of $3,800. J&M's basic premise, according to Couri, is that
the City can settle on their terms or take the case to court.
Couri cannot recommend the City going to court from a financial
standpoint.
The Counci I directed Couri to contact J&M to accept the
settlement offer and to have them draft a legal release for $3,800.
The Council will release information regarding the closed meetings
at the second regular Council meeting in August if the settlement
has been completed.
Upon completion of the settlement, the City Council concurs
that the City of Albertville will sever all ties with Juran &
Moody, Inc.
Barthel made a motion that upon reviewing all evidence
presented and attempts to negotiate with J&M, the City of
Albertville will accept the offer of $3,800 from Juran & Moody,
Inc. Pot ter seconded the motion. All voted aye. C 0 u n c i I man
Berning asked the minutes to reflect that the Council did not have
as strong evidence of damage as they at first believed.
Based on Couri's recommendation at the May 18, 1992, closed
meeting, the Council agreed not to proceed with action against the
previous administrator.
Vetsch made a motion to adjourn the closed meeting at 7:05 PM.
Barthel seconded the motion. All voted aye.
/","",i
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