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HomeMy WebLinkAbout3.f. Investigation of Councilmember Activity Report � , .. � � � . . . . � . � ' � 1 � � . . � �.. . � .� � �� 1l�tVESTIGATipN OF C�UNC���"�'�MBER ACTiVt71ES RE�ARDty� �����aUNT q RN�pRY/C�M�UNt,� CE�r�'R P��,���,�. : FEBRtJ,qF�Y Y 993 . . � , BACKGROUND On January 22 , 1993, Mr. David Keller af the law firm of Grannis, Grannis, Hauge, Eide, Anderson & Keller submitted a Ietter of cornplaint to Rosemount Mayor E. S. McMenomy, the members af the Rosemount City Council, its city administra�or and city attarney ( �ppendix A) . The principal thrust of Mr. Keller' s letter, as it affects the City of Rosemount, were allega�ions that Mr. Harry willc�x , Rosemount City Councilmember, allegedly contacted twa of ��r. Keller' s clients and advised them that they needed "be�ter legal representa;.ion" and that they should take the initiative and "su� the City of Rosemount . " These statements were allegedly made to '�:�ss;-s . Earl Tourdo� an� Rick Battaglia , both of whom own pi-c����-�rt.}- w}iich i5 being condemned for the Rosemount �rn;o�y,/C,>:nmunit.y :.anter Project . A� its rLg�lar C:�y Council mPeting of Tuesday, February 2, 1993, ?•'ayor �:c�:�nomy, •s:�th the sLpport of Councilmembers Klassen, Staats and �v; ��ermann , ':irected the City Attorney to investigate the � 11.4=gati•�ns n�ade by :�r. Kwller and report back to the Council. CONTENTS The contents of �he remainder of this xeport are as follows: • The methodology` or basic approach used in conducting this inquiry . • Nan�es and pertinent information of individuals inter•.•:ewed . � A sun�r�:��-y of th� facts ot�tained from the investigati�n . • An ��.���:,d: x. c���mrc,sed of th� f.ollcwing sections : A . ,;Gr.uary 22 , 1993 letter from David Keller to the ��.•�y ��f Ro�emouiit . B. N�t�s regarding interviews with all witnesses contdcted , C . February 14 , 1993 letter from Mr. Harry R. Willcox regarding Nr. Keller' s allegations . 2 � f .. ; . � . �. ` � METH�DOLOGY INTERVIEWS• The principal apgroach used in this fact-finding effort was to cr�nd�ct �nterviews with all persons thought to have pertinent information r.eg�rding Mr, Keller' s allegation:. VERI�CITY OF TIIF�RMATION: Al1 p�rs�ns interviewed either expressed a willingness to sign an af f idavi� as to the veracity of the infc�rmation they gave or stated that, if they were deposed, they would provide exactly the same ans•��2rs . rACTUAL nISPUTES: As •..i11 be ncted ir. the section ent�.tled "Summary of Facts " below, ;s n ��,,r�_:�r ri facts germane to this ir.qui.ry are not in dispute. Hr�•w-=�,T�_,r, sc�v�ral i;ey factual matters are the subject of :ii sac�r-•^�:r^ent . �;here d.isput.es exi st, the summary of facts sets f��rti� c`.::� •��arious v�rsion of the al �eged facts and the per5ons to wi�ich th�:�e ��ersions are att_ri.buted . PERSONS tNTERVIEWED Jahn An�'erson David Keller Rick Battaglia Sparky McRoberts Jerr.y Fluegel Al Monk De�,bi:� Nalbert Earl Tourdot J��� i Ha : b�r:. Harry Willcox SUMMARY OF FACTS , . In �h�= la�e aft�:�rn��c�n of `.uesday, January 12, 1993 , Mr. Iiar.r j t•r i : ] co� rnet wi.th a grou�; of conc�rned Rosemount resident5 r��yzl-�in� ��th� �3rm�ry;commua�ity �enter pr.oject . 2 . =The Fneeting took place at the office of Mr. Albert Monk, 13�05 South Robert Trail in RGsemount, Minnesota . 3 . Arrangements for this meeting were made by Mr. John And�rson . � . The persons present at the meeting were Harry Willcox, S�arky L'cRoberts, John Anderson, A1 Monk, Ear1 Tourdot, Rzck 3 F�Uege� ' lb��� a�d �e��Y 5i t�e 8na�t� �e�ble �`� 1 tc`e�tl Will��� "nl�Y �ef� H�lbert , al citY atuwh�-�5 the arm°��lcamm a , any form lY °ne dis�"s .�aG� _ �X�ludln9a5 trers°s m�t �p , cussl°n tne ��y t J j�ve�re��en�ed P mee�ing � a f f��t�d en�x Px°�ec - o�e�t � 12 � 1993 ��son unitY , t� t�d �Y _ pr JanuarY tlon °f marY��c�mm 5 inl a �— �t th� resent� th� �� tio� ""Ta - �, . .�eq o f p�oPertY f°r 1e9a1 rePzese�ta . d a�d bY t''th� re�ar�nation 510,� of s s��- arY of ��n�em e dis��s to what wa A sumn'foll°ws � � • �McRobert� ts �a�Y a enta�l�� m are as t1�e If.z . SPa�kY fa�tU��- f Cle9a1 ttesting tO t�e ons �ffe��a�bBr�-��" The iss,�e ° ��o'�s a at pers o f Sieq ob fln th a re9a a�n ac�°Unts and pe mendea t tr� f'�xm a g°°a � �e�f an o��s �rts re��r hirl�g t�ad d''n�son� �Onk , var1 �r._cR�b �onsia� t�PY At�der a . s� d n,.��� �uf f�y�'` $rn(�r�c;Rcc n� `"l���ta�lla� i�l r G��ap M nk ` r,r�,t:p�` �on d n'� ��,ou-�`' e e l , B r a�t a 9�i ti��wh�.r�� tiV�4;.��r�- � �he Si e��ed lB '•��t��� c(JX ag�eP dbl��and exPerl QPertY a�a le �,�1�1 �5 cap pr ava �,'-r ' + r f ; Lm w a f f��ted �ounsel b • vuf:.� 1 To�r�ot 1 ' Su9ge�ea per�e�ce� le�� sh�ul�o be �i�l�oxes��mos attorneY o� cz � . ��tait� �ilb oxl • d that for purp°5es �+onk , enae ro�P & lerl � reComn' �ire q Eide K e�- C1,�,� 1�0� e �n d' �ir , �t�d by t�'W il l�o�c l • is � Kauge��entea t w�� was e ffe�tiveness l nis � �ra�� haa re and �ha�"gatta9�la Q ��e f lr�alca��a n�at�ter se w�propertY � el , e , �,r t�,�i 1 i�.�c�meT't �f�,n sOn�je�ne er y o`^'�'e. t �i �in th� �'1� � o�at�d , pr°p the d n "'�=riLuallY 1 th�' af�Ecta�i e�1 �Ke11ex) • t�,nu:��°t' . chat � .�esen 11 . , _ ted al r P � Ke d t �.r • �'"� y �ta1rsLbPnis� �a ge 1 �lde • 11�°X r et�����e ��c � f • �a�� � �ran ,cr • `�1 dif fer ��f� G�anni� ' � o f whPtr�itY:� � tw° ex� � iS;:,U �e the � ovm 9 A5 e`�tY own d as foll°W5 � at the Pr�M nk MGR�bE r�,p late ted th ��5on► a�.�e��a s Were re � e.� 5"gTQuxd°� ` Ana e� tre a M� �Ci�Y`Ba�taqlia � � t1� Jeff Halbert, Der�bie Halbert, Fluegel and Willcox) . b. Mr. . Willcox did recornmend that the affected property owners sue the City (Keller) . 10 . Mr. Willcox generally discussed the nature of municipal condemnation actions with the affected property/business owners and expressed concern zegarding their situation (Jeff Halbert, Debbie HalbPrt, :�'onk, Andersan, Battaglia , Tourdot, Fluegel, McRoberts and ;�il.lcox ) . FNVESTIGATION SUMMARY To the knowledge of the undersigned, all persons with pertinent knowledge regarding the allegations in Mr. Keller's letter o£ ,7anuary 22 , 1993 have been interviewed and an aecount of their view set forth in this report. To the extent that there are disagreements as to the actuai facts , it is the province of the Rc�semount City Council to review and arrive at conclusions rcgarding the disputed issues . Piease contact me if you have any questi��rls . ua t E� : F��:�z-u�:r}� 2.4 , l 9 9 3 PREPARED BY: s�'�,�/�.,,- J . Michael :�iles City Attorney _ 5 ! APPENDIX ,�A�� January 22, y 993 Letter from David Keller to the City of Rosemount � GRANNIS, GRANNIS, H.qUGE, EIDE, ANDERSOI� 6. KELLER, P.A. .�ttorn��:�.�n.i C:�n�ns�•lorc az Luu• 3�h''Tc,��•n Centrr Profrssicrnai Bl�fi. oau.� �;v.;=_ 13601:�n1:re Doodle Raad ti+�c�+ae.�M�v�F v�*.cs=_ GR�ANts..�Q• Ea€ar..;+tinnesota �e$a�.� s�++►a�a: r.f�•t:�:=t :7I_'1-_'=4�1 9RWOy l vr—T=Hr:;• =_c �a�;.G ^E�5n Ttl:(bl�'I s�f+-4J� �c�.�_: a� G +r•:t5 Sp vl:.e�P. t•,��=SRA 'J•C��nse •r.�sr aeR�:�e::o o�a::�cr�r t:�scons�r. :s, �5;i.:�:-c23; January 22; i993 Honorable Mayor and City Council Members Rosemount City Hall 28?5 - 145th Street � Rosemount, .NII�T 55068 Dear Mayor and Council Members: - As you may be aware, we had signed Retainer Agreernents with two of the landowners whose properties are to be condemned for the Armory site adjacent' to Highway 3, in the City of Rosemount. We had also been approached by a third landowner to represent him. We were very disturbed �o learn from our clients that our clients had been contacted by a representative of the Rosemount City Council, Mr. Wilcox, who approached our clients and advised them that they needed "better legal representation" and that they should take the initiative and sue the City of Rosemount! our clients further � stated that Mr. Wilcox went so far as to specifically recommend Gerald Duffy and Josiah Brill as the attorneys they should obt�in. Although this in itself might constitute tortiaus interference �*ith contract, we are not interested in raising that issue. The purpose of this letter is to simply inquire as to why the City of Rosemount believes we are not capabie of representing its citizens, and why a Cauncil member would ercourage actions against the City he represents, Our office not only has a long history of representing municipalities in condemnation matters, but has represented many, many private landowners in condemnation actions instituted by both the State of Minnesota and various governmental agencies. We believe that we are eminent2y qua'!ified to handle any condemnation actian that may be braught against our clients. That is why we are very concerned that a client of ours would understand a City Council Member ta say that the client needs a ��better attorney�' in order to be adequately represented in an action brought by the City to condemn the client's property. Is the City willing to give a ��better deal"' , . • i Honorable Mayar and City Council January 22, 1993 Page Two to people represented by ano�her law firm? We certainly hoge this is ` not the situation, and suggest you discuss this entire matter with your City Attorney. We believe we are entitled to a prompt explanation of why th� City did not want us representing our client. Sincerely yours, GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & KELLER, P.A. BYs David G. Keller DGK/svk cc: Michael Miles / . Stephen Jilk �'� � s APPENDIX ��B„ Notes regarding Interviews with All Witnesses Contacted {in chronological order by date of interview) � ` M E M O R A N D U M TO: Rosemount City File - Councilmember Investigation �ROM: Mike Miles UATF.z February 3, 1993 RE: PrPliminary Interview with N:r . Harry Willcox Ar. a�proximately 8 : Q0 a .r�. , Wednesday, Febr�,�ary 3, 1993 , I spo�;e �y tE�l<�phc�ne wi.h Mr . Harry Willcox regarding his knowledge of �he allf�gations contain�d in ?�r . Keller ' s letter of January 22 , 1953 , I indicated to :�r. willcox that this was a preliminary inquiry and that I would be making further inquiry of him as my investigation of the facts proeee�ed . In response to my questions �r. Willcox provided the following information : l . H� met with a group of business owners affected by the armory building project at approximately 4 :45 p.m. on Tuesday, January 12, 1993 . 2 . Present at the meeting were Sparky McRoberts, A1 Monk, Al ?�"onk ' s daughter and son-in-law, John Anderson, Rick from Rick' s �uto F3c�dy ana Earl Tourdot . 3 . Th� me�ting took place at A1 Monk ` s office. -� . `Ph� meeting was called at the beh�st �f the }�usiness owners aff��tE�d �y thf� armory projec: , Speci�i.caliy, John Anderson aske� '".r . tivi l lcox to come to Zhe meetina . 5 . ^:r. . Wi ! lcox indicatec� that the affected btlsiness owners at �fie n,eet:i��� initiated all cori,�-ersations r�garding the armory project. 6 . They pointed out that they were having numerous problems wi�h t:he Rcsemc�urzt Port Authority and asked what they should do N;th respect to t.t�ose problems . 7 • In response, Mr. Willcox suggested that they obtain a lawyer to r�pr�sent them. Mr. Willcox further suggested that they should interview potential attorneys and select the best they could find. 8 . The affected business owners asked ?�`.r. Willcax who Ariin I�ope ' s attorney was, and Mr, Willcox advised them that Mr. Kope was represented by the Duffy law firm. 1 9 . Mr. ctiilleox never suggested or implied that they should obtain a better legal representative. lU . Mr. tvillcox never suggested or implied that they should sue the City of Rosemount . 11 . Collaterally, Mr. Willcox surmised that Sheila Klassen was referring to developer Jim Allen at the February 2 , 1993 City Council rne�ting when she indicated that a developer taXd her that Mr. willccx advised him to sue the City. Mr. Wi11cQx indicated to me that, in faet, Mr. Allen had told him that he felt that his firm could sue the City, but that Mr. Willcox never gave that advice to All.en . , : 2 M E M � R A N D U M TO: Rasemount File - Councilmember Investigation FROM: Mike Miles DATE: February 8, 1993 RE; Interviews with Earl Tourdot and Rick Battaglia DATE/TIME• Rt approximateiy 2: 00 p.m. on Fxiday, February 5, 1993, I met with Mr. Earl Tourdot and Richard Battaglia, regarding the above- referenced investigatian. Their attorney, Mr. Jerry Brill, a2so requested ta be and was present at the meeting I conducted with riiessrs , Tourdot and Battaglia . iNTERVTEW PROCEDURE: At the outset of the meeting, which lasted approximately 40 minutes, I presented Messrs . Tourdot and Battaglia with a copy of the January 22, 1993 letter from David Keller of the Grannis firm and asked them to read it before proceeding with the interview. I also advised them that their responses to my questions were entirely voluntary and they were not required to meet with me, and could terminate the interview at any time. I also advised them that no aspect of the "investigation" was intended to or would resul.t in any liability on their part. INTERVIEW QUESTIONS AND ANSWF.RS: (?�:ess�-s . Tourciot an� 3attagli.a gave identical answers to the ioll�•�iny questions and thus I have prEpared only one interview she�t f�r them � . i . DID �i'GU EVER MEET WITH MR. HARRY WILLCUX REGARDING ANY OF THE ^:ATTERS RAISED IN MR. KELLER' S LETTER OF JANUARY 22, 1993? , � YES, WE MET WITH MR. WILLCOX AND OTHER CONCERNED BUSINESS OPEI2ATORS FOR APPROXIMATELY AN HOUR. 2 . WHERE AND WHEN DID THE MEETING TAKE PLACE? THE MEETING TOOK PLACE AT AL MONR'S OFFICE AT APPROXIMATELY 4 :45 P.M. ON TUESDAY, JANUAF2Y 12, 1993 . 1 3 . WHO CALLED FOR OR ARRANGEb THE MEETING? SPARKY McROBERTS AND JOHN ANDERSON. 4 . WHO WAS PRESENT AT THE MEETING? SP�I2KY McROBERTS, JOHN ANDERSON, AL MQNR, EARL TOURDOT AND RICK BATTAGLIA. WE QON'T RECAZ,L WHETHER QTHER PERSONS, ( I .E. JE�'F AND DEBORAH HAI,BERT) WERE PRESENT. 5 . WAS THIS THE ONLY MEETING YOU ATTENDED AT WHICH MR. WILLCOX DISCUSSED :�IATTERS RELATIVE TO THE CONDEMNATION OF, YOUR. PROPERTY AND YOUR LEGAL REPR£SENTATI�N? YES, THIS WAS THE ONLY MEETING. 6 . .vHAT DIS:�USS��N, IF At�Y, TOOK PLACE REGARDING LEGAL RFPRFSENTATION nF THE �;JSINESS OWNERS RELATIVE TO THE C�NDEMNATION? `I'HF. FIR�T COMMENTS REGARDING LEGAL I2EPR�SENTATION WERE BROUGHT UP �3Y SPARKY McRQBERTS, WHO MENTIONED THAT HE WAS THINRING OF RETAINI.NG THE FIRM OF DUFFY AND BRILL. MR. WILLCOK RESPONDED BY INDICATING THAT HE THOUGHT THAT THE DUFFY-BR7LL �'IRM WAS A GOOD LAW FIRM. HE ALSO INDTCATED THAT HE UNDERSTOOD THAT TNE GRANNIS FIRM HAD REPRESENTED THE CITY IN fiERMS OF PLACEMENT OF T�iE NEW WATER TOWER AND THAT THE WATER TOWER WAS � EVENTUAI,LY LOCATED �N SOMEONE ELSE`S PROPERTY. MR. WILLCOX NEVER STATED THAT THE BUSINESS OWNERS SHOULD SEER A BETTER ATTORNEY OR F I RM TI iAN Gt�1NN I S, GRANN I S & HAUG E, ETC. 7 . DI� MR. WILLCOX, AT ANY TIME, SUGGEST THAT THE BUSINESS O�aNERS "SUE THE CITY -0F ROS£:�OUNT? " NO, }IE NEVER MADE THAT STAT�MENT. 8 , DI[� N!i? . �tiII,i,C.:�X I�IITI�`:E THE D?SCUSSLON REGFiRDING LEGRL COi1NSrT, FC)R 'I'HE BIJSINT;�� Ov�NERS? Nt), `I'i�AT I�ISCUSSION WAS INI`PIATED BY SPARKY McROBERTS. 9 . DID ?�R . �NILLCOX 4'AKE AN'f OTHEI� STATEMENTS OR COM'�ENTS RELATIVE TO THE ARi�:ORY PROJECT. AND THE CONCERNS OF THE BUSINESS OWNERS? IN RE�PONSE TO QUESTIONS BY VARIOUS BUSINESS OWNERS, MR. WILI.COX OUTLINED THE PROCESS THAT WOULD BE INVOLVED IN THE CONI3EMNATI�N, INCLU�ING SPECIFIC MENTION OF THE SUM �F A.F�PROXIMATELY $6Q0,00�.00 WHICH WAS AVAILABLE FOR BOTH PROPERTY ACQUISITION AND RELOCATION PAXMENTS. 2 M E M 0 R A N D U M TQ: Rosemount File - Councilmember investigation FROM: Mike Miles DATE: Februaxy 9 , 1993 RE: Interview with A1 Monk DATElTtME: At approximately 2 : 40 p.m. on Monday, February 8, 1993, I me� with Mr, Al Monk regarding the abave-referenced investigation. INTERVIEW PROCEDURE: At th� outset of the meeting, which lasted approximately 20 minutes, I preserited Mr . ^^:onk with a copy of the January 22, 1993 lett�r f rom David �;e11er of the Grannis f irm and asked him to read ' it befor� proceeding with the inter�iew. I also advised him that his responses to my questions would be entirely �.�aluntary, that he was not required to meet with me and to terminate the interview at any time. I also advised him that no asp�ct of the investigation was intended to or would result in any liability on his part . 1NTER1JlEW QUESTfONS AND ANSWERS: 1 . DID YOU EVER MEET WITH MR. HARRY WILLCOX REGARDING ANY 0�' THE MATTERS RAISED IN MR. KELLER' S LETTER OF JANUARY 22, 1993? YES . 2 . WHERE AND WHEN DID THE MEETING TAKE PLACE? MY OF�'ICE STARTING AT APPROXIMATELY 4 :30 P.M. ON TUESDAY, JANUARY 12, 1993. , 3 . WHO CALLED FOR OR ARRANGED TI�E N:EETING? I 'M NOT SURE BUT I THINK IT MAY HAVE BEEN SPARRY McROBERTS: 4 . WHO WAS PRE5ENT AT TH'E i✓�EETING? SPARKY Mc}2UBERTS, J�HN ANDERSON, EA.RL TDURD�T, RICR BATTAGLIA, JEFF AND DEB F�ALBERT AND ME. 1 5 . WAS THIS THE ONLY MEETING YOU ATTENDED AT WHICH MR. WILLCOX DISCUSSED NiATTERS RELATIVE T0 THE CONDEMNATION OF YOUR PROPERTY AND YOUR LEGAL REPRESENTATIDN? YES. 6 . WHAT DISCUSSIpN, IF ANY, TOOK PLACE REGARDING LEGAI., REPRESENTATION OF THE BUSINESS OWNERS RELATIVE TO THE CONDEMNATION? SPARKY MCROBERTS �ISCUSSED HIRING THE FIRM OF DUFFY & BRILL �'0 R�PRESENT HIM, SINCE THEY HAD DONE A GOOD JOB ON THE HAWRINS PQND MATTER IN ROSEMOUNT. MR. WILLCOX EXPRESSED HIS AGREEMENT AS TO THE CAP11I3ILITIE5 QF THE DU�'FY & BRILL FTRM. MR. WILLCOX ALSO ASRED THE GROUP IF WE HAD RETAINED ATTORNEYS AND SUGGESTED THAT WE GET THE BEST LEGA.L COUNSEL AVAIL.ABLE. I DON'T R�MEMBER MR. WILLCOX SAYING ANYTHING ABOUT THE GRANNIS & HAUG E LAW �'I F�M. 7 . DID MR . k'ILLCdX INITIATE THE DISCUSSION REGARDING LEGAL COUNSFI� F'OR �;iE �JSI"7ES5 0`r�'NE�25? NO, AS I SAID, SPARRY McROBERTS STARTED TALKING ABOUT LEGAL COUNSEL. 8 . DID MR. WILLCOX, AT ANY TIME, SUGGEST THAT THE BUSINESS , OWNERS "SUE '"HE CITY OF ROSEN!OUNT? " NO. 9 . D I D �!R. w I LLCOX MAK E ANY OTHER STATEMENTS OR COMMEN^1 S REGARDING T}:E iiR�:ORY PROJECT AND/OR THE CONCERNS OF AFFECTED BUSINFSS OWPJ£RS? MR. WrLLCOX SAID THAT HE SAW NO NEED TO REMOVE US FROM OUR �3USINESSES ON HIGHWAY 3 SINCE TNE PROPOSED ARM(3RY DTDN'T NEED THE SPACF. W� WERE OCCUPYING. ** MF2. MONK INDICATED THAT, IF THE CIZ'Y OF RUSEMOUNT DESIRED AN A�FIDRVIT 1�ROM tilM, HE WOULD f3E `WI.LLING TO EXECUTE ONE VERIFYING `I'HE STATI:MF.NTS AT`I'R I BUTED T� Fi IM AAOVE. JM^' :;9so ° 2 M E M O R A N D U M TO: Rosemount File - Councilmember Investigation FROM: Mike Miles DATE: February 9 , 1993 REs Interviews with Jeff and Debbie Halbert DATE/Ti M E: At approximately 3; OS p.m. on Monday, February 8, 1993, I met with Mr. Jeff Ha2bert and Ms . Debbie Halbert regarding the above- referenced investigation. INTERVIEW PROCEDURE: At the outset of the meeting, whi�ch lasted approximately 15 minutes, I presented Mr. Halbert and Ms . Halbert with copies of the - January 22, 1993 letter from David Keller of the Grannis firm and asked them to read it before proceeding with the interview. I also advised them that their responses to my questians were entirely voluntary, that they were not required to meet with me and could terminate the interview at any time. T also advised them that no aspect of the "investigation" was intended to ar would result in any liability for them. INTERVfEW QUESTIONS AND ANSWERS: (MR. HALBERT AND MS. HALBERT GAVE IDENTiCAL ANSWERS TO THE fOLLOWiNG QUESTIONS AND THUS ! HAVE PREPARED ONLY ONE INTERVIEW SHEET FOR THEM). 1 . DID YOU EVER `MEET WITH MR. HARRY WILLCOX REG.ARDING ANY OF THE MATTERS RAISED IN MR. KELLER' S LETTER OF JANUARY 22, 1993? YES. . � 2 , WHERE AND WHEN DID THE MEETING TAKE PLACE? THE MEETING Tt�OK PLACE AT AL MQNR'S OFFICE. WE CAN`T REMF.MBER THE EXACT DATE, BUT IT WAS IN J.ANUARY, LATE IN THE FiFTERNOON. 3. WH0 CALLED FQR OR ARRANGED THE MEETING? WE THINR IT WAS SPARRY McR�BERTS. 1 � . WHO WAS PRESENT AT 7'HE MEETING? �il. MONK, SPARRY McR0�3ERTS, JOHN ANDERSON, EARL TOURDOT, RICR BATTAGLIA, HARKY WILLCOX AND JEFF AND DEBBIE HALBERT. 5 . WAS THIS THE ONLY MEETING YOU ATTENDED AT WHICH MR. wILLCCX DISCUSSED MATTERS RELATIVE TO THE CONDEMNATION OF YOUR PROPERTY AND Y�UR LEGAL REPRESENTATICJN? YES. ., . WHAT DISCUSSION, IF ANY, T�OK PLACE REGARDING LEGA:., REPRE��NTATION OF THE BUSINESS OWNERS RELATIVE TO THE CONDEMNATION? SPARKY McROBERTS BROUGHT UP THE FACT THAT HE RNEW AN EXPERIENCED FIRM (DUFFY & BRILL) THAT SP�IRKY WAS THINKING OF HIRING TO ItEPRESENT HIM ON CONDEMNATIlJN MATT�RS. WE DON'T RECALL HARRY WTI.LCOX TALKING ABOUT THIS SUBJECT AND WE SPECIFICALLY REMEM$ER THAT HE UIQ NOT SAY ANYTHING BRD ABOUT GRANNIS & HAUGE. • t�IU "�:R . iy'ILLCOX INITIAT�' THE DISCUSSION REGARDING LEGAL C:aUf�Sc:� F'OR THE E3USINESS Ot�NERS? N0. ' �s . DID MR . WILLCOX, AT ANY TIME, SUGGEST THAT THE BUSINESS OLvN�R� "SUE THE CITY �F ROSEMOUNT?" NO. ° . DiD .�IR . WILLCOX MAKE ANY OTHER STATEMENTS OR COMMENTS REGARDING THE ARMORY PROJECT AND/OR THE CONCERN5 OF AFFECTED FUSINESS nWNERS? MR. WILLCOX SAID THAT HE WAS ATTENDING THE MEETING TO GET INFORMATTON AND FIND OUT THE CONCERNS OF THE AFFECTED BUSINESS OWNERS . IT WAS OUR IMPRESSZON FROM HIS QUESTIONS AND COMMENTS THAT WE KNEW MURE ABOUT W�iAT WAS GOING ON CONCERNING THE CONDEMNATION 7'HAN Ei E D I I�. ** MR. IUVp MS. HALBERT INDICATED THAT, IF THE CITY OF ROSEMOIJNT DF,SIRr'n AN AFFTD1�,ViT FROM THEM, THEY WOULD BE WILLING TO EXECUTE ONE V}�RIFYING THE STATEMF.NTS ATTRIBUTED TO THEM ABOVE. ,J��:4�:E::t� 2 M E .M 0 R A N D U M T0: Rosemount File - Councilmember Investigation FROM: Mike Miles DATE: F�bruary 9 , 1993 RE: Interview with David Keller DATE,�TiME: At approximately 9 :00 a .m, on Tuesday, February 9, 1993 I met with Mr. David Keller regarding the above-referenced investigation . INTERVtEW PROCEDURE: At the outset of the meeting, which lasted approximately 45 minutes , I gave Mr. Ke11er a summary of the events leading up to the in���stigation . The summary included: the fact that Mayor McMenomy had raised Mz . Keller' s letter of January 22, 1993 at the reg�alar Rosemount City Council meeting of February 2, 1993; the ��xpression of concern about Mr . Keller' s allegations by the Mayor and sF:veral councilmembers, and the directive given to me to investigate the all.egation� . , INTERVIEW QUESTtONS AND ANSWERS: 1 . T��E PRINCIPAL ALLEGATIONS IN YpUR LETTER OF JANUARY 22, 1993 ARE THAT MR . HARRY WILLCOX ADVISED CERTAIN FORN.ER GLIENTS UF YOURS `1'HAT THEY NEEDED "BETTER LEGAL REPRESENTATIQN" AND FURTHER ADVIS�D THE'� "TO SUE THE CITY OF ROSEMOUNT. " WHERE DID YDU OBTAIN 'PHIS INFORMATION? I HAD INDIVIDUAL TELEPHONE CONVERSATIONS WITH EARL TOURDOT AND RICK BATTAGLIA. 2t '�URNING T0 YOUR TELEPHONE CONVERSATION WITH MR. TOURDOT, DO YpU RECALL WHEN YtJU HAD THAT CONVERSATION? NC}, I DON'T. I DO RF.CALL THAT EARL ZNITIATED THE CONTACT BY CALLING ME. 3 . FOCUSING ON THE PRINCIPAL ALLEGATI-0NS IN YOUR LETTER, WNAT DID MR. TOURD�T SAY REGARDING HIS CONVERSATION W�TH MR. WILI�COX? 1 EARL TOURDOT TOLD ME THAT HARRY WILLCOX TOLD HIM THAT HE NEEDED BETTER LEGAL REPRESENTATION AND THAT HE SHOULD SUE Z'HE CITY (OF ROSEMOUNT) . 4 . ARE THESE THE EXACT WORDS OF MR. TOURDOT? NO, MY f2ECOLLFCTION IS AN APPROXIMATION OF WHAT HE SAID TO ME. 5 . DI� �`R . �3ATTAGLIA CALI, YOU AS WELL? NO, AFTER MY CONVERSATION WITH MR. TOURDOT, I CALLED RICR BATTAGLIA. 6 . 'WHAT DID MR. BATTAGLIA HAVE TO SAY REGARDING STATEMENTS BY ?`�R . k'ILLCOX OF WHICH BATTAGLZA WAS AWARE? ESSENTIALLY, RICR BATTAGLIA VERIFIED WHAT EARL TOURDOT HAD TOLD ME AS TO HARRY WILLCOX'S STATEMENT. 7 . DO YDU RECALL EXRCTLY WHAT MR. BATTAGLIA SAID THAT '.yIR. �vILLCOX STATED? NO; I CANNOT RECALL WHAT QUOTES MR. BATTAGLZA ATTRIBUTED TO M�2. WILI,COX, BUT MY RECOLLECTION IS THAT HE ATTRIBUTED ESSENTIALLY PHE S1�MF. STATEMENTS TO MR. WiLLCOX AS EARL TOURDOT DID. 8 . i�G YOJ KNOiti II� '�vHAT SETTING ( IN A MEETING, BY TELEPHONEr ETC . ) ?�R . WII.LCC�:�C IS S?JPPOSED TO HAVE RELAYED HIS STATEMENTS TO MR. ,I'ntfKDCaT i�P3;� :�4R . BAT`iitG�Ir'�? NC). ** MR. KELLER INDICATED THAT, IF THE CITY OF ROSEMOUNT DESrRED AN AFFiD1�VIT FROM HIM, HE W�ULD BE WiLLING TO EXECUTE ONE VERIFYING THE STATEMF.N`PS ATTRIBUTED T0 HIM ABOVE. J;f._Ni:d s o 2 M E M O R A N D U M T0: Rosemount File - Councilmember Investigation FROMs Mike Mi1es DATE: February 9 , 1993 REs Interview with John Anderson DATE/TIME: At approximately 10: 30 a .m. on Tuesday, February 9, 1993, I met with Mr. ,Tohn Anderson regarding the above-referenced investigation. 1NTERVIEW PROCEDURE: At the outset of the meeting, which lasted approximately 15 _ minutes, I presented Mr. Ander-sc�-�----wi-�h--a--capy- of _the.-J-a�uary_ 22, _ ._ 1993 lettex from David Keller of tl�e Grannis firm and asked �im to read it before proceeding with the interview. I also advised him that his respanses to my questions were entirely voluntary, that he was not xequired to meet with me and could terminate the interview at any time. I also advised him that no aspect of the "investigation" was intended ta or would result in any liabi7.ity on his part, INTERVIEW QUESTIONS AND ANSWERS• 1 . DID YOU EVER MEET WITH MR. HARRY WZLLCOX REGARDING .�NY OF" THE MATTERS R.AISED IN MR. KELLER'S LETTER OF JANUARY 22, 19'93? YES. - 2 . WHERE AND WHEN `DID THE MEETING TAKE PLACE? WE MET AT AL MONR'S OFFICE AT APPROXIMATELY 5:00 P.M. ON JANUARY 12, 1993. 3 . WHO CALLED FOR OR ARRANGED THE MEETING? I DID, AT THE SUGGESTION OF SPARRY McROBERTS. INCIDENTALLY, I ALSO CAI,LED SHEILA RLASSEN AND DENNIS WIPPERMAN TO INVITE THEM TO SIMILAR MEETINGS. 1 4 . WHO WAS PRESENT AT THE MEETING? SPARRY McROBERTS, AL MONR, EARL TOURDOT, RICR; BATTAGLIA, JEFF AND DEBBIE HAI.,BERT, HARRY WILLCOX AIJD ME: 5 . WAS THIS THE ONLY MEETING YOU ATTENDED AT WHICH MR, WILLCOX DISCUSSED MATTERS RELATIVE TO THE CONDEMNATION QF Y�UR PROPERTY AND YOUR LEGAL REPRESENTATION? YES. 6 . WHAT DISCUSSION, IF ANY, TOOK PLAGE REGARDING LEGAL REPRESFNTATZON OF THE BUSINESS OWNERS RELATIVE TO THE CONDEMNATION? SFARKY McROBERTS SAID THAT HE MAY BE HIRING THE DUFFY & BRILL LAW FIRM TO REPRESENT HIM. HARRY WILLCOX SAID IT WOULD BE IN ALL UF OUR E3EST INTERESTS TO CONSIDER IIAVING THE SAME LAWYER,. I DISTINCTLY REMEMBER THAT MR. WILLCOX DID NOT SAY ANYTHING DEROGATt7RY ABOUT THE GRANNIS, HAUGE LAW FIRM.- 7 , DID MR. WILLCOX INTTIATE THE DISCU5SION REGARDING LEGAL COUNSEL FOR THE BUSINESS OWNERS? - -' ____ ___..__ ___ -- _____ _ NO, SPARKY McROBERTS DID. 8 . DID, M�2. WILLCOX, RT ANY TIME, SUGGEST THAT THE BUSINESS OWNERS "SUE THE CITY OF ROSEMOUNT? " N0. IN FACT, THAT WOULD NOT HAVE MAnE ANY SENSE SINCE WE WERE ALREADY TN THE MIDDLE OF THE CONDEMNATICIN ISSUE. 9 . DID !�`R . WILLCOX MAKE ANY OTHER STATEMENT5 OR COMMENTS RE:LATI�'E TO THE ARNORY PROJECT AND THE CONCERNS OF THE AfiFECTED E3U5INF.SS OTr�'NERc' HARRX ANSWERED QUESTIONS ABOUT THE CONDEI�IATION PROCEDURE THE BEST HE COULD. HAFtRY ALSO SAIll THAT, IF WE WANTED TO FIGHT A QUiLK—`PAKE ACTION, WE WOULt3 HI�VE TO MOVE VERY QUICKLY, ** MR. 1�NDERSQN INDICATED THAT, IF THE CITY OF ROSEMOUNT DESIRED AN AFFIllAVIT EROM HIM, HE WpULD BE WiLLING TO EXEC[1TE �NE VERIFYING : _.._....._�:�....._ ---------- - TNE STATEMENTS ATTRZBUTED `PO HIM ABOVE. JMM:dso 2 MEMORANDUM T0: Rosemount File - Councilmember Investigation - FROMz Mike Miles DATE: February 22, 1993 RE: Preliminary Interview with Sparky '�:cR�berts DATF• At a�proximately 9 : 00 a .m. on Tuesday, February 16 , 1993, I met with Mr. Sparky N!cRoberts regarding the above-referenced investigation . INTERVIEW PROCEDUREc At the outset of the rneeting, I asked Mr . McRoberts whether he was familiar with the January 22 , 1993 lett�r from David Keller of the Grannis firm, Mr. McRoberts indicated that he had both seen and read the letter from Mr. Keller, I alsa advised Mr. McRoberts that his respons,es to my questions were entirely valuntary, that he was nat required to meet with me and could terminate the interview at any time. 3 also told him that no aspect of the "investigation" was intencied to or wauld result in any l�abiiity an his part. TNTERVIF'W QUESTIONS 1�ND ANSWERS: 1 . Dl7 YOU EVF.R MEET 4r'ITH MR . HARRY WILLCOX REGARDING ANY OF TF?E t�'A`PTE:RS RAISEL} IN MR . k:ELLER' S LETTER OF JANUARY 22, 1993? Y F;S. 2 . `,tiHERE AND WHEN DID THE "`EETING TAKE PLACE? AT AL MONK' S OFFICE LATE IN TH�: DAY. I DON'T REMEMBER � THE EXACT DATE BUT IT WAS EARLY IN JANUARY OF THiS YEAR. 3 . WHO CALLED FOR OR ARRANGED THE MEETING? I ADVISED JOHN ANDERSON THAT IT WOULD BE A GOOD IDEA TO HOLD MEETINGS WITH COUNCILMEMBERS. TO THE BEST OF MY KNOWLEDGE, HE ARRANGED THE MEETING WITH HARRY: 4 . WH� WAS PRESENT AT THE MEETING? EARL TOURDOT, RICR BATTAGLIA, AL MONR, JOHN ANDERSON, HARRY WILLCOX, JERRY FLUEGEL AND ME. I 'M NOT SURE IF 1 JEFF AND DEBBIE HALBERT WERE THERE, BUT THEY COULD HAVE BEEN. 5 . WAS TNIS THE ONLY MEETING YOU ATTENDED AT WHICH MR. WILLCOX DISCUSSED MATTERS RELATIVE TO THE CONDEMNATION (�F YOUR PROPERTY AND YOUR LEGAL REPRESENTATION? YES. 6 . WHAT DISCUSSION, IF ANY, TOOK PLACE REGARDING LEGAL ' R�PR£SENTATION OF THE BUSTNESS OWNERS RELATIVE TQ THE CONDEMNATION? I SUGGESTED TO THE PEDPLE AT THE MEETI�IG THAT THE DUFFY 6 BRILL LAW FIRM HAD GOOD SUCCESS WITH THE CITY OF ROSEMOUNT AND THAT THEY HAD DONE A GOOD JOS ON THE HAWKINS POND MATTER. I ALSO RECOMMENDED THAT THE PEOPLE AFFECTED BY THE CONDEMNATION CONSiDER HIRING ONE LAWYER TO REPRESENT AI,L OF THEM. MR. WILLCOX AGREED WITH THE IDEA OF GETTING THE SAME LAWYER FOR EVERYB�DY. 7 . DID MR . WILLCOX INiTIATE THE DISCUSSION REGARDING LEGAL �OUNSEL FOR THE BUSINESS O�ti'NER? �.__.._ �. ___ _.___ _---__ _ - - ..�,.�. .._,�_.,;--.._ -_..._._.,�.-_-: N�, I DID, �3 . D1D MR . ���ILI,COX, AT ?ANY TI:�:E, SUGGEST TI-�AT THE BUSINESS ��.tiNERS StJF `I'Hr: CITY OF ROSE!_JUN`T'? HE DID NOT. 9 . QID .^�R. WZLLCOX MA.KE ANY OTHER STATEMENTS OR COMMENTS FiELATIVE TO THE AR"!QRY PROJ£CT AND THE CONCERN5 OF THE AFFECTED 3USINESS OWNERS? HA.RRY GENERI�LLY OFFERED HIS SUPPORT TO US. HE ALSO SAID THAT HE CAME TO THE MEETING TO "GET UP TO SPEED" ON WHAT THE PORT AUTHORITY WAS DOING. ** NOTE: MR. McROBERTS INDICATED, THAT IF THE CITY OF ROSEMOUNT WANTED AN 11FFIDAVIT FROM HIM, HE WOULD BE WILLING T� EXECUTE ONE VERIFYING THE S`1'ATEMENTS ATTRIF3UTED T0 HIM ABOVE. 2 MEMORANDUM T0: Rosemount File -- Councilmember Investigation FROMs Mike Miles DATEz February 22, 1993 RE: Preliminary Interview with Jerry Fluegel DATE/TIME: At approximately 10 : 3� a .m. on Monday, February 22, 1993, I conferred by telephone with Mr. Jerry Fluegel regarding the above- referenced investigation . INTERVTEW PRO�EDURE: I first reached Mr. Fluegel on Friday, February 19, 1993 and asked him if he would be wiiling to visit with me about a meeting he was alleged to have attended in early January reqarding the armary/community center condemnation pro}ect. He indicated that he was willing to visit with me . I then asked if he had seen a copy of the January 22, 1993 letter from David Keller of the Grannis firm regarding actions of Mr. Willcox. Mr. Fluegel said he had `not. And on Fehruary 19 , 1993, I faxed a copy of Mr. Keller'S letter to Mr. Fluegel . On February 22, 1993, I called Mr. Fluegel and asked him if he had received and read Mr. Keller' s letter of January 22, 1993 . Mr. Fluegel indicated that he had received and read this correspandence. T also advised Mr. Fluegel that his responses to my questions were entirely voluntary, that he was not required to visit with me and could terminate the interview at any time. I also advised him that no aspect of the "investigation" was intended to or would result in any liability on his part. INTERL�TEW OUESTIONS AND ANSWERS- 1 . DID YOU EVER MEET WITH MR. HARRY WiLLCOK REGARDING ANY OF THE MATTERS RAISED IN MR: KELLER'S LETTER OF JANUARY 22, 1993? - -- I RECALL ATTENDING A MEETING WITH A GROUP OF BUSINESS OWNERS REGARDING THE A.RMORY PROJECT. MR. WILLCO% WAS PRESENT AT THAT I�tEETING. 2 . WHERE AND WHEN DID THE MEETING T.AKE PLACE? , THE MEETING WAS AT AL MONR'S OFFICE, BUT Y DON'T REMEMBER 1 THE DATE OR ,TIME. 3 . WHO CALLED FOR OR .ARRANGED THE MEETING? I'M NOT SURE, BUT I THINR IT WAS JOHN ANDERSON. 4 . WHO WAS PRESENT AT THE MEETING? HAR.RY WILLCOX, JOHN 1�NDERSON, SPARRY MCROBERTS, AL M{}NK AND ME. THERE WERE OTHER PEOPLE PRESENT BtTT I DON'T KNQW WHO THEY WERE. 5 . WAS THIS THE QNLY MEETING YOU ATTENDED Am WHICH MR. WILLCOX DZSCUSSED THE ARN:ORY PROJECT? YES. 6 . WHAT DISCUSSION, IF ANY, TOOK PI,ACE REGARDING LEGAL REPRESENTATION -0F THE BUSiNESS OWNERS RELATIVE TO THE CONDEMNATION? I DON'T HAVE ANY RECOLLECTION OF DISCUSSIONS REG.ARDING LEGAL REPRESENTATION. THE ONLY REASON I WAS AT THE ..- :--_ ��- .�---.__, MEETING IS. IN RELA�IOI�- T0 WHETHER JOHN ANDERSON '�+1�U�,D- $E----.� MOVING HIS BUSINESS TO MY PROPERTY AND I WAS NOT PARTICULARLY CONCERNED WITH OTHER ISSUES BEING TALRED ABOUT. ? , DID MR. WILLCQX, AT ANY �TIME, SUGGEST THAT THE BUSINESS OWNERS "SUE THE CITY OF ROSEMOUNT?" NO. 8 . DID MR. WILLCOX MAKE ANY OTHER STATEMENTS OR COMMENTS RELATIVE TO THE ARMORY PROJECT AND THE CONCERNS OF THE AFFECTED BUSINESS OWNERS? MY ONLY RECOLLECTION IS OF A GENERAL DISCUSSION REGA.RDING THE ARMORY PROJECT. ** NOTEz MR. FLUEGEL INDICATED THAT IF THE CITY OF RQSEMOUNT DESIRED AN AFFIDAVIT FROM HIM, HE WOULD BE WILLING TO EXECUTE QNE VERIFYING THB 'STATEMENTS ATTRIBUTED Tt7" �iIM ABOVE. -"`- 2 APPENDIX "C" February 14, 1993 Letter from Mr. Harry R: Willcox regarding Mr. Kelfer's Allegations _��.,.�:�. _,:�: ��.����..��,,. : _ --..�..,�. ;_�.._-- _ ._._..�_. _ .._ FEEs 14, 199� SUHJ�CT: DAVID KELLER'S ALLEGATIONS. THE FOLLOWING FACTS WILL CLEAR UF THE AHSU�iD ALI.EGATIONS MADE HY DAV I D EtiELLER: 1 . ON JANUARY 9TH AT ABOU7 10: 3� AM I F,ECEIVED A FHONE CALL FFOM JOHN ANDERS�N AND SPAFtN;Y MC ROBEFtTS `S ASKING ME TO STOP OUT AND TflL�: W I TH THE 5US I NESS OWNERS AND THEMSELVES. WE hiADE Altl AF�F'DINTIhENT FOR JAN. 1�TH AT 4; 45 PM. :. WHEN I AFFi I VED THEY SHAFED W I TH ME THE PRpB1rEh1S THEY WEr^�E HAVIIV(; WITH FELOCATION, SUCM AS TWO OFFICIALS FROM THE POFtT AUTHORITY HAD CONTACTED ONE OF THE HUSINESS OWNEFtS AND SAID THEY WOUL.D GIVE TH�M :�SUc�O MORE THAN THEY DID THE OTHER RENTE�S IF THEY WOtJLD 7AfCE I T AND NOT TELL AlVYOI�E ELSE. AL MONt: GAVE ME THE ATTACHED LETTER. AF7EF� SEE I NG AIVD HEAR I NG 0�' THE I R F'RO�LEMS I , ADVIS�D TNEM TNAT AS A CQUNCIL MEMPEFt I COULD NO"f HELP THEM: THE ISSU� W�S IN THE Fq�,T AUTMORITIES HANDS. AS A CITIZEN CON�ERNED APOUT THEIR F'LIGHT, THE �NLY THING THAT I COULD DO WAS Tp �,F'COMM�"ND THkY HAVE AN ATTORNEY 7HA7 WAS WEI.L VE�t5ED IN -„ `_ �flNDCt`1N�TION 1.,AW._�D�l-ISE—T'}-IEM DF_ THETR fiiI�HTS. I=-�L:��3 REC(7MMEIV�3Ei� =" THaT THEY INTERVIEW SEVERAL LAW FIRMS AND PXCF; WHAT THEY FELT WAS tHE BEST ONE TO fiE��ESE:NT THEM. I ALSO ADVISED THEM THAT THEY SH�ULU F'I Ct; 1 ATTOFiNEY FOF� THE GRDUF', AS TH I S WOULD BE THE MOST COST �FFEETIVE. THTS NOW MAF�ES ME WONDEI� WHY DAVID KELLE}� WROTE SUCH A LETTER AND WHY THE MAYt7�i PUT I T ON THE AGENDA, W I THOU7 ASH;I NG ME I F THE Ct•tAF;GES WEF,E 7FUE, HE AL50 PUT I T ON THE F'�RT AUTHO�,I�Y AGENDA. THE COUNCIL WENT ALONG WITH I7 BEING PUT ON THE AGENDA, WHEN pNE MEM�ER OF THE COl}hIC I L 1.:NEW TMERE WAS N0 T�,UTH I N THE CHARGES ON FEB 1ST THE DAY HEFOFE THE COUNCIL MEETING, COU�D IT BE THAT DAVID h'.ELLE� HAS A VENDE7TA AGAINS7 ME DUE TO THE �'ACT 7HAT I WAS ON THE COMM I TTEE Tt] F'I CK A NEW L.AW F I RM I N 1991 AND Hi8 FxRM WA5 NOT CHOSEN? C�ULD IT HE THAT 7HE MAYOR IS UNHAPPY THAT I DO N�T SUF'PO�iT HIS INDEMNIFICATIQN AS SOME PEQFLE HAVE SUGGESTED� -_- _�_.___ SHEILA, THE COUNCIL MEETII�G IS NOT THE PLACE OF FORUM FQR YOUR PONTIFICATION AND SCOLDING SUCH AS YOU HAVE DONE IN THIS MAfi7ER. I T�tUST TWAT THIS CLEARS UP THIS MATTER AND SINGERELY HOPE MY �,ES�'OhISE GETS THE SAME F�ONT PAGE COVERAGE THA1' THE FALSE ALLEGATiQNS DID. kESP LLY YOURS � Zl/ 1" L��� Hp�,RY F�. WILLCOX NOVFI�'�IIt 12, 1992 ROSII+ZOiJNT PQRT AUTHORITY CITY �F ROSII�lOUNT DAKO�FA COtJI�ITY H.R.A. DEAR SIRS: IN REPLY TQ OUR ONGOING CONVF�tSATIONS AND I,E'ITERS RE: PUR{�iASE AND/OR RELAC'.ATION OF MY PROPII2TY, YOUR OFFEE2 IS FOUND TO BE' QtJITE LJNACC�P`T'ABI+E ! ; YOU FAILID T� COr1SIDER THAT 'THE FQLI,OWING ITEMS P.RE INCZUDID WITH THE 'Ii��� BUILDZNGS: 1 } built in 2 hour, fire r3ted, paint booth and sprinkler S�rsi trti� 2) frame rack floor anchors 3} complete liner panel in buildings 4) extra insulation for energy efficiency 5) 4" well 6) segtic system 7) 3 phase wiring __ .:_8_1 extr�__wi��.ng for machi.nes--and welde.�s_----_. _ _ ------___ _ _ _ � .__ 9} site wqrk 10) office spaces and many other features I 7�M A LIC�ISED CON�RCIAL REALTC)R, APPRAISE�, AND C�QAL CON'rRACTOR F'OR PRE-IIVGINEQtED BUILUINGS. I HAVE BEII�T BUILDING MY BCJSTNE.S�ES IN ROSF�'IQUNT FOR 15 YEARS. BY LOSING MY PRIME LOC'ATION, MY R�,'rII2II�lIIV''� INC.`QME PL�P:NNF� FRQM MY RF�I'I'AIS(CURR.IIV'IZY $3140./month PLUS 5$INCRF,ASE P� YF.ARj---PLUS U5E dF MY I�1D AS AN ASSET FOR FINANCING OTI�R BUSINESS TRANSACTIONS - -- YOU IN$ULT MY PROF'ESSICxVAL ,7UDG��VT p,ND My IN�j�LI,II�1(�T� BY OFF'�.T23G ME ONLY $165,000. : ! I HAVE ESTIMATID THE OOST Z1� REFLACE MY BUILDINGS WITH 3�-IE SAME N1AT'E�tIAIS AS CtJRRENI�Y USID, PLUS I,ANU, WELL, SEWII2 SYS'I'F:M, AND ALL E?�'I'RAS WOULD BE $355,000. YOUR RIDICZWS OFFEft TS GNLI' 45� OF t�OST TO RF�tJILD AND CON�ENSATE FOR IASS OF INCbNIE, T HAVE NOt RESPONDID Tp ypUR OF�IIt AS I FELT IT WAS NOT WQFtTHY OF A RESPONSE ! ! I F'EEL YOU ARE TRYING TO !'ST�,.AL" MY PROPERTY AND LIVLIHOOD TO ACOUMODATE YOUR (74�TN PII2SQNAL CAUSE! !` LEr'S BE REAL! ! ; TAI� YC)iJR FiEAD,S (�T OF TfiE SAND AND C�T RF'.ALISTIC : ! ! QONTACT ME WF�1 YOU ARE RF�DY TO NEGC7rTATE. SINCERII,Y, ALBERT MONK �7;-� �,91�- f�.�P�l.�- ��' .-g,.__ : ���'� `''' � / /`7 �,�