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08/19/1980 - City Council Special 00196 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 19, 1980 The Eagan City Council met for a special meeting at the call of the Mayor in the City Administrator's office on Tuesday, August 19, 19$0, at 6:00 p.m. All members were present as were City Administrator Hedges, Police Chief DesLauriers and City Attorney Hauge. The Mayor announced the topic of discussion was to con- sider a proposed settlement concerning the companion actions entitled "Robert Benford and Lori Benford vs. City of Eagan." Staff members indicated that they had been discussing the actions with the attorneys for the two insurance companies, Home Insurance Company and Midland Insurance Company, and a proposal for settlement has now been made in the sum of $115,000 with $100,000 payable to Lori Benford and her daughter and $15,000 to Robert Benford, Jr., and Robert Benford, Sr. It was understood that the plaintiffs in each action have agreed to the settlement terms but that the two insurance companies who have agreed to share in the settle- ment equally have not acquired adequate commitment from the two companies yet to complete the settlement. When the action started in 1976, the City Council asked the insurance companies to inform it as to any proposed settlement and to acquire an opinion from the Council as to the settlement terms. City Attorney Hauge went through in some detail the proposed settlement and the implications of the potential time involved in trying the case before a jury in Dakota County, the potential implications of the claim for punitive damages, the exposure as to liability regarding the facts and expected publicity during trial of the case. Neither Mr. Hauge nor Mr. Hedges made a recommendation for settlement but simply conveyed the information passed along from the attorneys for the insurance companies. Chief DesLauriers recommended that the Council not approve the settle- ment and recommended the insurance companies proceed with trial on the basis that the Eagan patrolman had been vindicated before the Grand Jury in 1976. Each of the members of the Council strongly felt that there was no liability on behalf of the Police officers or the City and gave strong vocal support to the Police Depart- ment members involved in the incident. There was also discussion concerning the possibility of the City Council approving the settlement and the insurance company proceeding to trial as to the legal implications including the responsibility of the insurance companies regarding any excess jury award above the recommended settlement by the Council. Councilmembers also discussed the strong possibility of the finding of punitive damages which have resulted in a number of recent cases. After considerable discussion, Egan moved, Wachter seconded the motion that the City Council be on record recommending approval of- the proposed settlement with the understanding that the City will not contribute towards the settlement, that the two liability insurance carriers for the City will contribute sufficient funds to cover the total proposed settlement of $115,000; that the Council's position is that there was no wrongdoing by the patrolman in the incident, and that neither the patrolman nor the City is liable for any damages for the alleged claims; and that because of the possible punitive damages and damages in excess of the liability carrier limits that it appears prudent to settle the case. All members voted reluctantly in favor of the motion. The special meeting adjourned at 6:40 p.m. Ci Clerk