11-07-1994 WS - Laserfiche WebLink

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COW OF REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 5. 111VOSSTAFF REPORT Report Number: 94-1352WS W AGENDA SESSION DATE November 7, 1994 Report Date: 11 3 94 DISPOSITION Item Description: Abunbiade Settlement Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; The attorney for the LMCIT has drafted the Settlement Agreement with Ms. Agunbiade. When Agunbiade was offered a $7, 500 settlement, she countered with the statement that she would not settle for less than $20, 000. Given the unusual attitudes of the courts (both Administrative and Supreme) on this issue, the attorney and the insurance representative agreed to the $20, 000 settlement with the caveat that there be an agreement of confidentiality (on page 2 of the attached settlement) . One of the concerns expressed by Pete Regnier is that the case, if it were decided against the City, would have profound negative impacts on all local units of government in the State. He felt confident that, under more reasonable circumstances and a less hostile court attitude, he could win this case. However, he didn't trust the courts not to use this case as an opportunity to make a broader benchmark, using the City of Mounds View and two innocent officers as guinea pigs. In order to bring this matter to final closure, it is necessary execute the final settlement agreement. Officers Chambers and Siluk have agreed to the settlement provisions. It is now necessary for the Council to authorize the Mayor to execute the Agreement on behalf of the City. Mayor Like wanted the Council to be aware of the settlement provisions and give formal authority for him to execute the Agreement. Due to the nature of the discussion regarding the final plat for Sherwood Estates, the Council may wish to consider this item during the time the meeting is formally called to order. Because the attorney does not plan on attending the meeting, the Council cannot close the meeting to discuss this issue. The only action that need be taken is a motion, second and vote to authorize the Mayor to execute the Agunbiade Settlement. This memorandum and copy of the Agreement has been distributed only to Counci •ers. eiratilia Saman •a Or. 'no, City Administra or JI,ECOMME . O N;