2002.03.15 CC Minutes - Judicial Ditch #2

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MINUTES FOR THE SPECIAL CITY COUNCIL MEETING OF MARCH 15.2002 Mayor Fran Miron called the meeting to order at 8:35 am. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator, Mike Ericson (departed meeting at 8:50 am) City Attorney, Dave Snyder City Clerk, Mary Ann Creager This special Council meeting was called to allow further discussion of JD2 litigation. Attorney Dave Snyder recommended Mayor Miron remove himself from deliberation or discussion on this matter. At this time, Mayor Miron handed the gavel to acting Mayor Chuck Haas and removed himself from the dais and sat in the audience. Hugo resident John Waller discovered information that was not available during the previous litigation process. Council member Chuck Haas thanked Mr. Waller and his family for their efforts in uncovering the information. City Attorney Dave Snyder stated that the Council had several options available to them: 1) pursue post -trial relief from Judge Muehlberg; 2) pursue appeal with Court of Appeals; and 3) continue mediation with other policymakers. It was Mr. Snyder's opinion that the new information was unlikely to alter previous legal decisions. It was also his opinion that if the City were to file an appeal, it would negatively impact further negotiations with the other policymakers. It was the consensus of the City Council that the City not pursue further litigation in the JD2 matter and continue negotiations with other policymakers. Haas made motion, Granger seconded, directing the City Attorney to prepare a Findings of Fact. All :eye. Motion Carried. Granger made motion, Haas seconded, directing staff to draft a letter for Council review addessed to the other policymakers outlining the City's position relative to the newly -obtained JD2 information and the City's continued willingness to work with them. All aye. Motion Carried. Petryk made motion, Haas seconded, to adjourn at 9:45 am. All aye. Motion Carried. G' Mary;reager City Cerk