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12-21-1992 CC MIN - EXECUTIVE . . . EXECUTIVE SESSION OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, DECEMBER 21, 1992 Members Present: Mayor Tral1e, Councilmembers Schuldt, Holmgren, Dietz and Kropuenske Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandy Thackeray, City Clerk; Peter Beck, City Attorney Mayor Tralle called the Executive Session of the City Council to order at 8:21 p.m. to discuss pending litigation between the City and the developers of the Deerfield III and IV plats. The City Administrator and the City Attorney reviewed the situation with the Council and explained that the developers have requested that their offer be formally presented to the City Council. COUNCILMEMBER SCHULDT MOVED TO REJECT THE OFFER FROM THE DEVELOPERS TO USE THE RETAINAGE TO PAY OUTSTANDING CITY LEGAL EXPENSES RELATED TO THIS PROJECT AND TO RETAIN THE BALANCE OF THE LETTER OF CREDIT TO DEFRAY FUTURE LEGAL EXPENSES RELATED TO THE PROJECT UNLESS A MUTUAL RELEASE IS SIGNED BY THE DEVELOPER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained as his bank is involved with the Letter of Credit. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE EXECUTIVE COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. SESSION OF THE CITY THE MOTION CARRIED 5-0. The Executive Session of the Elk River City Council adjourned at 8:42 p.m. Respectfully submitted, ~k~~ City Clerk