Loading...
City Council Minutes 06-13-2013 SpecialMINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Thursday, June 13, 2013 — 6:00 p.m. Academy Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None Other: Wayne Oberg, Jeff O'Neill, Joel Jamnik, Cliff Greene, Megan Walsh 1. Call to Order Mayor Herbst called the special meeting to order, which had been tabled from June 10, 2013, at 6:03 p.m. and declared a quorum present. 2. Purpose of Special Meeting: Consideration of FiberNet Bond Litigation options Attorney Cliff Green introduced himself and Megan Walsh, with the firm of Green Espel, and noted they are representing the city in regard to possible litigation regarding the FiberNet Bonds. He explained that there were potential claims of securities fraud involving the sale of the FiberNet Monticello bonds. Green Espel was selected by the League of MN Cities to research the claims to determine whether the potential for a lawsuit existed. Although there was no indication of securities fraud and it was felt that the City would win in the event of a lawsuit, the Council did direct Green Espel to negotiate in good faith with the bondholders' trustee to determine whether a settlement could be reached. Attorney Cliff Green talked about the settlement terms which have been negotiated which would result in a payment of $5.75 million to the bondholders in exchange for dropping all claims against the city. This settlement is subject to approval of the courts prior to any payments being made. Attorney Cliff Green explained that Council was apprised of the terms of settlement in the closed meeting and no straw poll was taken or opinions expressed in regard to the proposed settlement. Attorney Cliff Green asked for any comments or questions from Council. GLEN POSUSTA MOVED TO APPROVE THE PROPOSED SETTLEMENT RELATED TO THE TELECOMMUNICATIONS REVENUE BONDS {FIBERNET MONTICELLO PROJECT} AS DETAILED IN THE TERM SHEET FOR SETTLEMENT, DATED JUNE 13, 2013, SUBJECT TO FINAL DOCUMENTATION TO BE PREPARED BY THE CITY'S LEGAL COUNSEL AND CITY STAFF AND TO DIRECT THE CITY'S OFFICERS AND STAFF TO EXECUTE SUCH DOCUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THAT SETTLEMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Special Meeting Minutes — June 13, 2013 Page 1 3. Adjourn BRIAN STUMPF MOVED TO ADJOURN THE SPECIAL MEETING AT 6:10 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: June 24, 2013 Attest: Cit istrator City Council Special Meeting Minutes —June 13, 2013 Page 2