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Ms. Callies replied yes, noting that anything that is discussed during mediation cannot be used <br />during the trail. She stated that what they want to avoid is on the day of the jury trial the Judge <br />asking the two parities to try and negotiate a settlement. <br /> <br />Councilmember Elvig inquired if attorney costs would be in addition to the $2,000. <br /> <br />Ms. Callies replied yes. <br /> <br />Mayor Gamec requested that he be notified of the date and time of the mediation and if he is not <br />available to attend the meeting he will appoint another Councilmember to attend. <br /> <br />Councilmember Elvig inquired as to what had been offered in the past to settle the matter. <br /> <br />Ms. Callies explained that the situation has changed somewhat because construction damages <br />have been removed, but prior to that, the Kurak's were asking around $400,000 and the City was <br />offering around $126,000. <br /> <br />Councilmember Elvig inquired if condemnation commissioners had settled the issue and now the <br />City is responding to an appeal made by the Kurak's. <br /> <br />Ms. Callies replied that that was correct. <br /> <br />Councilmember Elvig expressed concern that they are talking about mediation or settlement <br />without knowing where either party stands. <br /> <br />Ms. Callies replied that that is the reason for mediation. She explained that people are typically <br />far apart when they start the meeting and the hope is that an agreement can be made. <br /> <br />Mayor Gamec noted that the Council has discussed the idea of going up to $200,000 to settle the <br />matter. <br /> <br />Ms. Callies inquired if there was a general consensus to proceed with mediation. <br /> <br />Consensus of the Council was to proceed with the mediation and pay the additional $21000 cost. <br /> <br />ADJOURNMENT <br /> <br />The closed session of the City Council adjourned at 6:00 p.m. <br /> <br />Respectfully submitted, <br /> <br />Nanci Libor <br />Recording Secretary <br />Time&tver Off Site Secretarial <br /> <br />City Council/April 1, 2003 <br /> Page 2 of 2 <br /> <br /> <br />