12/07/1998 Park Board Packet - Laserfiche WebLink

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CITY COUNCIL WORK SESSION OCTOBER 7, 1998 Kim said she would like some time to think about the trail. She asked this issue be brought back to the next Council work session. RICHARD SCHREIER LEGAL STATUS, BRIAN WESSEL Dave distributed a letter from the City Attorney regarding the Richard Schreier litigation. This litigation involves the location of a new road to connect the old Otter Lake Road and the new Otter Lake Road Mr. Schreier was invited to the last work session but was not allowed to speak to the Council. Mr. Schreier was again invited this evening. Dave cautioned Council on how they respond to Mr. Schreier's presentation. Brian stated a memo has been issued from the City Attorney regarding this issue: Brian presented a written summary of the litigation that Council requested from him at the last work session. The summary gives the background regarding this issue. Kim stated the City Attorney has advised Council not to discuss this with Mr. Schreier. The City can be held liable for anything that is said. Andy noted that anything that comes from Economic Development needs to put in writing. He also stated that this is an open meeting and citizens should be allowed to speak. Kim stated that anything the Council wants to convey needs to go through the City Attorney. Mr. Schreier stated that he had never before not been able to speak directly to elected City Officials. He has spoken to Mr. Hawkins but has had no response from Brian. He stated the road would divide his property and cost too much to construct. The County has indicated that the City cannot prove the road is beneficial to the City. The issue will have to go to litigation which costs everyone too much money. Serious damage will be done if the property is severed for the road. The road location can be adjusted. He asked that the whole project be deferred. Assessments on this road are $250 per foot which, he felt was way too high. Kim stated the Council will review this issue and discuss it. She asked that Mr. Schreier leave the documents that he provided with Dave. Mr. Schreier stated that he wants to avoid a war. He indicated Mr. Hawkins has handled the issue poorly. He stated that he has nothing to say to any Council Member that would require the presence of an attorney. Kim asked that all Council Members read the documents before the October 12, 1998, meeting. DISCUSSION OF GAS FRANCHISE,DAVE PECCHIA Dave indicated Vern is not present because of the issue of competition regarding this item. An attorney will need to be involved with the negotiations. Dave stated he would n like to speak with Mr. Shae, an attorney,to determine what is public and what would constitute a winning strategy. He indicated he would like to speak to the City of Blaine to see how they negotiated their utility franchises. Dave asked if the Council wants this 5