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HomeMy WebLinkAboutResolution 5917 . . . RESOLUTION NO. 5917 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE SETTLEMENT AGREEMENT AND RELEASE IN THE BRUCE KESSEL VS. THE CITY OF MOUNDS VIEW, BMS CASE NO. 02-PIR-128 WHEREAS, the Mounds View City Council terminated the employment of Bruce Kessel on July 7,2001; and WHEREAS, Mr. Kessel had petitioned to have the Bureau of Mediation Services review his termination; and WHEREAS, the City of Mounds View, represented by Julie Fleming-Wolfe met to mediate the matter and agreed to the attached Settlement Agreement and Release, pending City Council approval. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize the execution of the Settlement Agreement and Release between Bruce Kessel and the City of Mounds View. Presented this 30tl1 day of December, 2002. (ATTEST) '~G\ Rich Sonterre, M yor (SEAL) 7(~0-~ Kathleen F. Miller, City Administrator Motion 8y: Thomas Second By: Quick Sonterre: Aye Quick: Aye Stigney: Aye Thomas: Aye Marty: Absent . JULIE FLEMING- WOLFE Attorney at Law 1010 Degree of Honor Building 325 Cedar Street St. Paul, MN 55101 651-767-8642 Fax: 651-767-8645 flemingwolfe@aol.com December 18, 2002 Mr. Howard L. Bolter Borkon, Ramstead, et al. 540 1 Gamble Dr., Suite 100 Minneapolis, MN 55416 Re: Bruce Kessel v. City of Mounds View, BMS Case No. 02-PIR-128 Dear Mr. Bolter: . Enclosed for execution and return to my office for filing, please find an original and one copy of the Settlement Agreement and Release iri the above-referenced matter. I have also enclosed two checks consistent with the payments noted in paragraph 1 of the Agreement (Three Thousand One Hundred Ninety-One Dollars and Forty-Two Cents ($ 3191.42.00) to Mr. Kessel and Two Thousand Three Hundred and Eight Dollars and Fifty-Eight Cents ($ 2,308.58) to be Borkon, Ramstead, Mariani, Fishman & Carp, Ltd.). I look forward to prompt receipt of the executed original of the Settlement Agreement and Release. Very truly yours, c:::::::- J. -~~.o:..-_.,. \ ~F-"U1b "Vq. JFW/syl cc: Kathleen F. Miller, City of Mounds View . . . . I, bcc: Robert A. Weisbrod (LMCIT File Nos. 11036644 and 11036712) Bradley B. Scott, LMCIT Scott Riggs, Esq. . SETTLEMENT AGREEMENT AND RELEASE This Settlemcnt Agreement and Release ("Agreement") is made and entered into by and bet\yeen Bruce A. Kessel ("Kessel"), the City of Mounds View ("the City"). WHEREAS, Kessel was employed by the City as a Finance Director from 1995 to July 7, 2001; and \VHEREAS, Kesscl petitioned the Bureau of Mediation Services for reVIew of his termination from the City, in an administrative proceeding docketed as Ci(v of Alounds' Vie}t', Afinnesota - and - Bruce Kessel, Falcon Heights, AIinnesota, BMS Case Number 02-PIR-128; and \VHEREAS, the City denies the legitimacy and validity of all claims made by Kessel in his action; and \VHEREAS, in the interest and compromise of the claims, charges and causes of action . alleged by Kessel, in order to avoid the costs and expenses of arbitration, and without any admission relating to liabiIity or to damages, it is the mutual desire of Kessel and the City to settle amicably any and all claims, charges and causes of aetion that have been raised or that could have been raised by Kessel in regard to his employment or"' termination from employment with the City, except as expressly stated herein. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES MUTL'ALL Y AGREE: I. In full and complete settlement of all claims, counterclaims, charges and causes of action related in any way to his employment and his termination from employment, or otherwise alleged by Kessel. including but not limited to any and all claims asserted in his Petition for Review and any claims for attorneys fees or eosts, without any admission as to liability or damages, and in . Page 1 of3 . . . consideration of the other agreements eontained herein, the City agrees to pay Kessel the settlement sum of Five Thousand Five Hundred and No/I 00 Dollars ($5,500.00) to be paid as follows: Three Thousand One Hundred Ninety-One Dollars and Forty-Two Cents ($ 3191.42.00) to be paid directly to Kessel and T\vo Thousand Three Hundred and Eight Dollars and Fifty-Eight Cents ($ 2,308.58) to be paid directly to his attorneys, Borkon, Ramstead, Mariani, Fishman & Carp, Ltd. 2. Upon execution of this Agreement, Kessel hereby specifically agrees to dismiss with prejudice and \\'ithout mvard of fees or costs the Petition for Review captioned CityofAlounds View, l'vlinnesota - and - Bruce Kessel, Falcon Heights. Minnesota, BMS Case Number 02-PJR-I28, and to execute all papers required to eomplete said dismissal. 3. Kessel, for himself, his heirs, executors and assigns, does hereby release and forever diseharge the City, any and all of its officers, employees, and any and all of its divisions, insurers, indemnitors, predecessors, successors, and assigns, and eaeh and every one thereof: from any and all actions, suits, proceedings, claims, complaints, charges, judgments, and executions, whether liquidated or unliquidated, known or unkno\\-TI, suspected or unsuspeeted, that Kessel has ever had or presently has arising out of his employment or his termination from employment with the City. 4. This Agreement contains and sets forth all of the terms agreed upon by the parties and Kessel's ~cceptance of the consideration herein is a final and complete compromise in settlement of this dispute, and there are no covenants, promises, undertakings or understandings outside this Agreement regarding a settlement of this matter. Page 2 01'3 . . . Dated: Dated: Dated: 1[.'[ l t '.. Dated: ,2002 ,2002 ,2002 , 2002 BORKON, RAMSTEAD, MARIANI, FISHMAN & CARP, LTD. By: Howard L. Bolter (192387) 5401 Gamble Drive Suite 100 Parkdale 1 Minneapolis, Minnesota 55416-1552 Telephone: (952) 546-6000 Attorneys for Plaintiff Bruce A. Kessel Bruce A. Kessel JULIE FLEMING-WOLFE A ....+n.......n...7 ~.;. 1 ~.... r-t......Ul.l1"J a.... .I......i""" By". ,-~D ii \/.~ '1 ~;'~~I;\.'. .,.....J c/f--' 1 /v '"--==~ ~... ~, Julie Fleming-Wolfe (175377) ~ 1010 Degree of Honor Building 325 Cedar Street St. Paul, Minnesota 55101 Telephone: (651) 767-8642 Attorney for Defendant City of Mounds View CITY OF MOUNDS VIEW ) (~0 J l /\/'\' U.. . By: c;::u-v,__v.:~. T L^-- '--/.1 , '- ('---- ~ - ,'r?, g Its: " {jVA~-:\J \../0.. .., (J - Page 3 of 3