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Home My WebLink AboutSP July 11, 1978 - ~ 01 ANDOVER SPECIAl, CL<),SED r:ITY counCIL HEETIHG - JULY 11, 1978 HP!UTES A Special Closed Ileetinr, of the Andover City Council was called to order by Hayor Jerry ~indschitl on July 11, 1978, 7:30 p.~., at the Andover City Hall, 1685 Crosstown Boulevard 'NY[, for the þurpose of discussing the Hayo-Banke (Cedar Crest Fourth Addition) lawsuit with Attorneys Bill Hawkins and John Burke. Council~ersons present: Lachinski, HcClure, Orttel, Vanderlaan Councilpersons absent: None Also present: City Attorneys, Bill Hawkins and John Burke; City Clerk, P. K. Lindquist Attorney Hawkins presented the Council with a letter of July 11, 1978, outlining the ethical problem which has arisen as a result of allegations ~inst Mr. Hawkins in the depositions of Hr. ¡¡ayo and Hr. Banke. He also presented copies of the depositions of Hr. Hayo and Hr. Banke taken by Hr. Burke on May 3 and May 10, 1978, and a copy of the Code of Professional Responsibility. lIT. Hawkins explained that because of the allegations made against him, he is going to have to testify at the trial on behalf of the City to refute those allegations. The Code of Professional Responsibility provides that when it is necessary for one of the attorneys to testify, the fir~ is bound by the cannon of ethics to withdraw from representing the City. Hr. Burke stated he has obtained ~ore background data regarding the ¡¡ayo-Banke lawsuit. He felt the trial is not due to be called until this fall as one of the plaintiffs is out of the country until September 15. ~~ile taking the depositions, Hr. Burke found out that Iwyo-Banke redid the original plat after talking with I·IT. Hawkins in Easter, 1975, where they say that Hr. Hawkins stated they had to put in all the bituminous streets and have the~ paid for before they could sell a lot. lIT. Burke stated they didn't do anything after that Hay, 1974, ~eeting. They are also clai~ing that }IT. Rawkins never returned phone calls. These allegations against Hr. Hawkins are just not accurate. This is a court trial, and IT. Burke felt that he has a good chronological bacl>::ground of all the events of the case and felt the transition to SQrleone 'who has trial skills would not be very difficult. He also stated he would stay close to and be very contributory towards the on-ßoìng case. Mr. Hawkins noted they looked for someone in the area that had both municipal and trial skills to take over the case. He has worked with both Hr. Schieffer and I·IT. Carson. They are a four-man firM which is very active in municipal work and do have a great deal of Municipal civil litigation skills. 11ayo and Banke are saying they had an hour ~eeting with }IT. Hawkins at his office; lIT. Hawkins recalls that they came in without an appointment and he ~et them in the reception roo~ and had only a very brief dis- cussion about what action was required next. Before the depositions were taken, lIT. Hawkins didn't realize the extent of the allegations they were making. Hs. Lindquist noted that lIayo and Banke did attend a Planning and Zoning meeting in January regarding the settlement plat. The Commission found eleven other corrections in the plat; l!ayo-Banke never ca~e back to another Co~mission meeting. lœ. Hawkins co~~ented that Schieffer and Carson are willing to handle the case at the sa~e rate that they would charge -- ~35 or ~40 un hour. Also, r'~r. Hawltins and l!r. Emk e stated they would not be char~ing an hourly rate to transfer all the infor~ation to the new attorneys for the case. --._- - Special Closed City Council Heetinrr ~Tuly 11, 1978 - Hinutes Pa~e 2 Council discussion was on the Advanta.ges and disadvantages of approving the firm of Schieffer ar.d Carson to try the case as recommended by Attorneys Burke and Hawkins, of lettin~ the present firm representing the City, Babcock, Locher, try the case, or of hirinrr a good trial lawyer from dovmtorn. HOTTO>! by VanderLaan, Seconded by HcClure, that the City Council request the Clerk, Pat Lindquist, to prepare a Resolution hiring the firm of Schieffer and Carson based on a reco~mendation frOM the law office of Burke and Hawkins notin~ that the Council recognizes the integrity of that firm and recognizes the difficult situation as outlined in the letter of July 11, 1978, reGarding the Horace Mayo and Chsrles Banke, Cedar Crest Fourth Addition, lawsui t; and that the City Council requests from the firm of Schieffer and Carson, Brooklyn Center, Minnesota, a letter outlining rates for services as trial attorneys for the City in the Mayo-Banke lawsuit. If rates from the Schieffer- Carson firm are not comparable to those charged by Burke and Hawh:ins for trial work, tbe City Council will reconsider the matter. (See Resolution R77-8) Hotion carried unanimously. ~m'!'T01T by l!cClure, Seconded by Orttel, to adjourn the Special Closed I!eeting. All in favor said aye. lfueting adjourned at 8:16 p.m. Respectfully submitted, ~\\~~~~L r'~arce A. Peach ~ Recording Secretary - -- - ~ ---