08/28/1995 Council Minutes - Laserfiche WebLink

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1 1 COUNCIL MEETING AUGUST 28, 1995 City. The letter outlines a number of legal case histories and Mr. Lyden felt that this letter was meant to intimidate the City in the matter of upgrading 12th Avenue and Holly Drive. He asked if Mr. Hawkins had an opportunity to review this letter. Mr. Lyden said that there is a million dollar question coming and said that an informed decision is the best decision. He asked the Mayor to direct the City Attorney to check into the cases cited in the letter to determine if the cases were decided in favor of the city or the developer. Mayor Reinert said that he was not familiar with the cases cited in the letter and said that the Council could have the City Attorney review these cases. Mr. Hawkins said that he can review the cases and asked if the City Council wanted him to provide a legal response to the argument outlined in the letter. He said he did not think that the City was at the point where the City was being threatened. He felt that the City is still at the point of negotiating a resolution regarding the cost of the roadway. If the City gets to the point where the City will not agree with the developer then he would be prepared to investigate the cases cited in the letter. Mr. Hawkins said that he could get copies of the cases and give them to the City Council. Mayor Reinert said that the City does not know how this will be resolved, and would not want to take any position at this time. If the City gets into litigation on this matter, the City must be careful about what is discussed because it may put the City in an "uncomfortable" position. Council Member Bergeson said that the letter presented by Mr. Lyden appears to be a letter from an attorney to the Hokanson Development Company. It is not a letter to the City or the City Attorney. He felt that the City Council should not spend tax payers money to make comments on something that is not addressed to the City. Mr. Lyden said this will be a million dollar question. Council Member Bergeson said that the City would respond if the City gets a letter addressed to the City. Mayor Reinert said that he did not want to over -react to this letter. Mr. Lyden said that he felt that it is reasonable and prudent that the City look at what the "cards" are. Mr. Hawkins said that he had seen a copy of the letter some time ago. However, he has not done anything further regarding the letter. The City is trying to resolve the question without litigation. He said that he would not allow the City to do anything that in his opinion is a violation of any of these cases if they are applicable. Ms. Wyland said that it appears that the developer has changed attorneys since there are several attorneys who have sent material to the City. Mayor Reinert said that the City Council has to be careful and not get the City into litigation. Since the City Attorney is aware of the letter, the references are there in case the City Attorney receives some direction from the City Council. Mr. Hawkins said he would get a copy of the letter and a copy of the cases mentioned in the letter an make them available to the City Council. However, the City has not been officially challenged with a taking of land. Mr. Lyden said that within the next month the City Council will be asked to make a determination of what