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City Council meeting of January -22, 1991 <br />Page 4 <br />should keep in mind that a Notice of Claim has been turned over to our <br />insurance company for investigation and preparation of a proper <br />defense, if needed. <br />Could our insurance company refuse to defend us, and insure us, <br />because of the actions of a Committee negotiating with Mr. Schumann <br />after our Notice of Claim has been turned over to our insurance <br />company? <br />4. Does the City Council, through an ad hoc committee, have the legal <br />authority to allow activities in a zoning district that are not <br />"permitted" or "special uses"? Would the Council be better served by <br />considering an ordinance change or rezoning? <br />The <br />The City received letters from the insurance company and City Attorney, <br />Charles Johnson, raising certain questions that should be given serious <br />consideration prior to acting on the proposed resolution establishing such <br />an Ad Hoc Litigation Committee. Mr. Greg Galler, attorney for David <br />Schumann, addressed the City Council, stating that he originally requested <br />that. this committee be formed, and that City Prosecutor, Richard Hocking, <br />had expressed his great desire that this committee be formed. Mr. Galler <br />was disappointed that Mr. Hocking was not present at the meeting. Mr. <br />Galler then explained the purpose of the committee, in his view, to avoid <br />3 years of litigation, and tens of thousands of dollars in legal <br />fees. He then assured the Council that any comments made in a settlement <br />negotiation are not admissible in court. Councilman McAllister pointed <br />out that at the suggestion of the judge, in the last trial, that this <br />matter be assigned to the civil court. Mr. Galler stated that the judge, <br />before the criminal court trial, said that this matter should have beer - <br />brought to civil court initially. McAllister then inquired as to whether <br />Mr. Galler had notified the City Prosecutor that he was going to be here <br />tonight to make this presentation. Mr. Galler responded in the negative, <br />but stated that because this was a public hearing, he felt that as an <br />individual, he was free to come into City Hall. He also stated that he <br />thought the City could have an attorney here for its own public hearing. <br />McAllister than asked if what Mr. Galler was doing was proper legal <br />etiquette, Mr. Galler said "Yes it is". The concerns of the City <br />attorney, and from the City's insurance company, were noted. <br />Miron made motion, Brunotte seconded, to adopt RESOLUTION 1991-2, <br />RESOLUTION FORMING AN AD HOC LITIGATION REVIEW COMMITTEE. <br />'DOTING AYE: Srunot.te, Miron, Stolt man <br />VOTING NAY: Jesinsk:i. and McAllister <br />Motion Carried. <br />TOM BERNIER (LETTER) <br />The City Council received a copy of a letter from Mr. Tom Bernier <br />requesting reinstatement to the Hugo Volunteer Fire Dept. Mr. Bernier <br />resigned from the Fire Department, effective January 1, 1991, and shortly <br />thereafter, applied for reinstatement. Mr. Bernier's performance as a <br />fire fighter has been reviewed on two different occasions in 1990. After <br />reviewing this matter with the Fire Chief, it is the City staff's <br />