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cp06-09-1992 Closed Meetingr1 U SPECIAL CLOSED CITY COUNCIL MEETING TUESDAY, JUNE 9, 1992 6:30 P.K. A closed council meeting will be held for the purpose of discussing Junker litigation. • 11 F F J DAVID U. ARNOLD • OART D. MCDOITSII STNEx A. ANDERSON O. BARRY ANDERSON' STa S. ROOF LAURA a. PRETI.AAD DAVID A. BRUEOOEMANN PAUL D. DOVE JOSEPR M. PAIEMENT JAMMS DTI.EY UICRARD O. NcOEE TINOraY w PAPI]ISaI MARY a. RORROCES CATRRYM D.REEER May 20, 1992 1] • A$NOLD & MCDOWELL �S S ATTORNEYS AT LAW o. w XL 101 PARE PLACE w. ZXM p rNOMD c. LALUaR HuTCRINBON, MINNESOTA 55330 - 2363 ��- PAUL N.BEOICR (612) 587 -7575 PAX (on) 597'4096 REaIDENY ATTORNEY O. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, MN 55350 PERSONAL i CONFIDENTIAL Material Protected by Attorney - Client Privilege RE: Junker Sanitation Our File: 3244 -87 -0005 Dear Gary: FOR YOUR INFORMATION I am enclosing herewith a copy of correspondence from attorney John Cairns. I am unable to attend Wednesday's City Council Meeting as I am attending long scheduled depositions in the Princeton area. The proposal that Mr. Cairns makes has some merit, if we can negotiate the 3M problem out of the mix. This would leave the interim garbage hauling in the hands of the present contract holder which would reduce any argument that he might have at some later date that we were unfairly treating him. There certainly is no obvious and significant reason to go to a different hauler for the interim three month period except to "get even" or to otherwise damage Junker. We would then be in the position, if the council so chose, to say our decision as a city to bid the long term contract competitively was motivated solely by financial considerations rather than the difficulty the city and Junker have had over ,the last several years. There is one additional advantage. As it stands now, it is difficult for many of the haulers to tell exactly what the lay of the land is; we are subject to an accusation that Aagard Sanitation has an advantage in negotiating commercial contracts which would become effective after July 1, and while I recognize there is no direct relationship between the party who serves on our committee 'CERTnMW AS A CIVIL TRIAL BPZCIAI• BY THE MINNESOTA RATE L ASSOCIAYMN "CEaTIPIaD As A REAL PROPRRrT LAw s PSCIAmor BY TBE KrImmoOTA STATE BAB AimocuTwK 7 V� 5SA CRU" LASE ROAD NIAMEAPOIJ3. MINNESOTA 55419 (9m) 545 -9000 NN TOLL PRRE 000 - 343 -4545 PAX(9W)D45 -1793 ,.. WUTR P 11 sTRaET V PaINCSTOM.NIMNESOTa 553n (612) 3199-2914 PAX tam) mm_slot 1` L .o L 'CERTnMW AS A CIVIL TRIAL BPZCIAI• BY THE MINNESOTA RATE L ASSOCIAYMN "CEaTIPIaD As A REAL PROPRRrT LAw s PSCIAmor BY TBE KrImmoOTA STATE BAB AimocuTwK C Mr. Gary D. Plotz May 20, 1992 Page 2 and the sanitation business, there is none the less the appearance of such a relationship and by fixing the date at October 1, we would "level the playing field" somewhat. I am not certain the Junker will go along with exempting 3M from this transaction, but it would be reasonable to have a motion from the City Council authorizing the City Attorney to investigate an interim proposal with Junker which would cover the three months until October 1. I will be returning later in the afternoon and I will contact you at that time. Thank you. Very truly yours, ARNOLD & MCDOWELL G. Barry Anderson GBA: Enclosure LI LJ • FOR H iGGS 3 0A YFLS. (M04) 05. LAW OMCES 13RIOCTS AND MORGA -V 0 WRITE" DIRECT D ••* XCV3XR (612) 3348532 May 18, 1992 G. Barry Anderson, Esq. Hutchinson City Attorney Arnold & McDowell 101 Park Place Hutchinson, Minnesota 55350 Dear Barry: Re: Junker Sanitation, ino, - Hutchinson Contract 1 ii:.53/ 2/2 SAT NT 1-AL7. Oynct 2=6 nan 1 TMO L R"7 11O. "I1P0 X4W t►OL. VnWZW& UM T&L"We" N101 07.6*ee r�arr.ILE wIa Oe7 •�+ao From our conversation on Thursday, it is my understanding that the City intends to meet with you to discuss the combined Issues of the Open litigation which must be appealed by May 22, 1992 and the proposition we have made regarding the future contract for services In Hutchinson. Be advised that our client rejects the proposition you have made rewding Interim services. As a counter - offer, and in the effort of reaching an accom *daton that wilt give certainty to the City that services will continue after July 1 (rather than being faced with litigation oonceming whether or not the City may go forward at all with anyone ottw than Junker after July 1), we would propose that the Contract in its entirety, commercial and residential, be continued at the current rates. Additionally, our client would reserve.the right, and the City would agree to participate In, mediation or arbitration as to whether or not any cost -of- living enhancement of the fees for services during the Interim period are due our client. We assume you will cell us the first thing on Wednesday morning to advise of the outcome of the meeting Tuesday evening. We wf� hen in a position to know whether or not our Notice of Appeal need be filed on Frjfier. YR0 /I0.VA7. AOfOCIATI0.N 0400 1 0 0 CENTER ,[INNEArOL1 IiEXXI4OTA 06404 TELE}EGIrm 10141 004.0400 VAC4TXILE 0141604-0600 JAC/bk cc: Jim Junker 63MV