08/12/1974 Council Minutes - Laserfiche WebLink

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1 1 43 August 12, 1974 past action under that law. Mr. McLean felt the contract has very limited powers. It is only concerned with the present Boards of both Lino Lakes and Anoka. Mr. McLean wondered how, this would relate to the action being considered against the Metro Council. Mr. Jaworski)' felt this question should be settled first. He felt the City of Lino Lakes should join in this action. Mr. Zelinka hoped that the local residents would support this action. Mayor Bohjanen thought that any action that would slow dawn the aquisition of more lands was valid. Mr. Jaworski moved to join the action for the appeal to the law giving Anoka Co. the right of imminent domain and condemnation without local approval. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Houle thanked the Council for their action. Mrs. Leibel thought that some publicity on their action would bring in more assistance. Mr. Jaworski asked if they had approached Centerville on their possible assistance in this appeal. Mr. Houle said, No, but they probably will. Mr. Locher reported on his research in the possible legal action against the Metro Council in connection with the denial of the Lino Fakes- Centerville Interceptor. He said his findings had led him to believe that the chances of winning in such action were very small. The fact that there was no solid contract to build the interceptor was a major factorin this report. He felt that a lot of the communities would sympathize with Lino Lakes but the percentage of winning was small. Mr. Jaworskifelt that the mains and laterals were approved and allowed to be installed by the Metro Council was a valid contract for the installation of the interceptor. Also, the fact that the City was not allowed to construct the treat- ment plant designed for that area. Mr. Locher felt that the Council shoal think this over and not make a decision on it this evening. Mr. Jaworski asked ifi a temporary injunction against the installation of the Centerville interceptor to the East could be gotten. Mr: Locher wasn't sure. Mayor Bohjanen questioned Mr. Locher on the cost of such an action. Mr. Locher said he would have to analyze this but would estimate $4000 to $8000;.for the District Court action. An appeal to the Supreme Court would cost approximately $10,000 to $15,000. He felt if other municipalities would join in this court action the cost could be shared. Mr. Jaworski felt that the':ity should draft a letter stating our problem, our position and the reason for the action and suggest a meeting with representitive of these municipalities and the Legislative Representitives for discussion of this and the possibility of a joint action. Mr. Marier moved to draft a letter to all communities inviting them to join not only in this action but in other area as well. The city would appreciate any comments from these communities and would hope that a meeting could be set up soon. Seconded by Mr. Jaworski. Motion carried unanimously. The will table a decision on the legal action until a later date.