Minutes - 2011/10/24 - Laserfiche WebLink

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Mounds View City Council October 24,2011 • Regular Meeting Page 3 Council Member Gunn questioned if the Staff time and legal fees would surpass the $2,000 difference between the assessment and proposed settlement amount. City Attorney Riggs anticipated the legal fees could go will exceed $2,000 if a half day trial and witnesses were called. Council Member Hull asked why the property owner was fighting the full assessment value. City Administrator Ericson stated the property owner feels there were several contributing causes for the leak. City Attorney Riggs indicated the original settlement was less and the amount increased after discussing the matter in full with Staff. Mayor Flaherty noted there was street reconstruction in the vicinity of this property less than a year ago. He recommended the Council accept the $5,500 settlement to save the expense of litigation. Council Member Stigney felt the issue should be discussed in executive session if litigation has been threatened against the City. City Attorney Riggs clarified that the City was taking action as prescribed under Minnesota Statute 429 as would be done with any special assessment. He indicated that any special assessment may have an objection and further action would need to be taken by the Council. This was the case with the assessment against Robert's. If the item were to go to suit, the legal and filing fees along with Staff time would exceed the $2,000 difference. He indicated a suit would not be brought to the City of the settlement is accepted. • Council Member Stigney asked if this issue was handled under the City Attorney's retainer. City Attorney Riggs indicated if the item were to go to court, the additional fees charged to the City would not be covered under the retainer. Council Member Hull questioned if a precedence would be set if the Council were to accept the settlement. City Administrator Ericson did not feel the same set of circumstances would be seen with future assessments. City Attorney Riggs agreed stating each special assessment had a unique set of facts. Council Member Stigney was not in favor of backing down from this issue. He felt the City should pursue the full payment of the special assessment. Council Member Gunn felt the City should settle on this issue as the legal fees could far surpass the benefit of going to court. She did not see the benefit of a lawsuit. Mayor Flaherty indicated this was a unique case. He felt an unbiased opinion provided from a judge, along with the need to find expert witnesses on the City's beMT would hip the case from being successful. He suggested the Council . _tie at $5,500 and did not feel precedence would be set for future special assessments. .6. ION/SECOP'rD: Gun./iThal_arty. To Waive the Reading and Adopt R:sell:doi 700/., Accepting a Payment as Full and Final Settlement for Disputed Charges for Unpaid Water Service Repairs.