HomeMy WebLinkAbout19940907_special57
BUBUTES
OF THE CLQSKD SPECIAL mTING OF THE
EDINA CITY COUNCIL HELD AT CITY J3AI.L
ON SEPTEMBER 7, 1994 AT 6:15 P.H.
ROLLCALL Answering rollcall were Members Paulus, Rice, Smith and Mayor
Richards. Member Kelly arrived just after rollcall.
Staff present were Manager Rosland, Assistant Manager Hughes, Assistant to
Manager Smith, Attorney Gilligan, Chief Bernhjelm, Clerk Daehn and Attorneys
John Zwakman and David Lauth.
Mayor Richards stated that the purpose of this closed meeting was to discuss
the current status of the lawsuit of David P. Hembre vs. City of Edina and to
consider whether to appeal the opinion of the Court of Appeals.
Manager Rosland advised the Council that the Court’s opinion by a 2-1 vote was
against the City of Edina and informed the Council Members of the amounts the
City would be required to pay under the award.
Attorney Lauth told Council that the City has two options: 1) pay what has
been ordered, or 2) ask the Minnesota Supreme Court to agree to hear the case.
An appeal must be requested within thirty days after the decision by the Court
of Appeals, i.e. by September 22, 1994. He explained the appeal process and
cited reasons that may persuade the Minnesota Supreme Court to agree to hear
the case.
and estimated additional costs if the case were appealed.
The Council. asked for and was given approximate legal costs to date
Attorney Zwakman responded to questions of the Council Members concerning
factors of the lawsuit and arguments that could be made to the Minnesota
Supreme Court if the decision was to appeal.
Following discussion, it was the consensus of the Council to make the decision
during the course of the regular Council Meeting scheduled for 7:OO P.M. this
date.
No other business was discussed or action taken.
meeting adjourned at 6:47 P.M.
Mayor Richards declared the