1992.01.06 CC Minutes - Laserfiche WebLink

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MINUTES FOR THE CITY COUNCIL MEETING OF JANUARY 6, 1.99 The meeting was called to order by Mayor Stolt man at 7:00 PM. PRESENT: Barnes, Brunotte, Jesinski, Miron, Stolt man City Administrator, Ken Huber City Attorney, Charles Johnson City Clerk, Mary Ann Creager Miron made motion, Jesinski seconded, to approve the minutes for the City Council meeting of December 16, 1991, as submitted. All aye. Motion Carried. Jesinski made motion, Miron seconded, to approve the claims for January 6, 1992, in the amount of $4,873.19. All aye. Motion Carried. MARDELL INSURANCE CLAIM As per Council direction, this matter was tabled from the December 16, 1991 Council meeting to secure a legal opinion regarding the payment of $2,500 to the Mardell Law Office. The Council received a copy of the original letter from the Mardell Law Office, as well as a copy of Minnesota Statutes 465.76. In light of the fact that the expense incurred by the Mardell Law Office appears to be a direct result of direction of the Hugo City Council to prosecute various alleged code violations, the City staff recommended payment of the claim. Councilmen Miron and Brunotte felt that the cost incurred was the cost of "doing business". Mayor Stolt man felt the claim should be paid, and was concerned that law firm fees would increase in the future should the claim be denied. The City attorney discussed the lack of attorney immunity when proceeding with civil prosecutions directed by the City Council. He also stated that the Statutes empower the City to authorize or prohibit payment of a bill of this type, and that the League of MN Cities research people recognize this deductible as a cost of doing business. He stated that the City's attorney would be financially at risk on civil prosecution if the City didn't pay the attorney's insurance deductible. He also discussed the reasonableness of the City prosecutor's hourly rate. He saw no legal reason why the bill could not be paid. Miron made motion, Brunotte seconded, to deny the $2,500 claim from the Mardell Law Office to cover the deductible portion of attorneys' fees incurred in defense of a third party complaint against Richard Hocking. VOTING AYE: Barnes, BrUnott.e, Miron VOTING NAY: Jesinski and Stoltzman Motion Carried. ADMINISTRATOR SEARCH Mr. Jim Brimeyer was present to report on the mtatus of r,�cruitment for a city administrator. Mr. Brimeyer discussed the ad to be used for publication, and stated that he will meet with each Councilman to find out what they are looking for in an administrator. Mr. Brimeyer had a tentative candidate -interview time scheduled for the second weekend in March.