11/08/1999 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES NOVEMBER 8,1999 Mayor Sullivan asked Mr. Vaughan if he believed he should have been included in the negotiations and was not included. Mr. Vaughan stated that is correct. Mayor Sullivan stated it is clear that the City Attorney, in his opinion, has advised that the City has fulfilled its obligation. Mr. Vaughan stated he provided a copy of the Langfeld letter to City Staff indicating that no part of the island was taken. Council Member Neal asked if Mr. Vaughan can either have his land back or if the City can purchase the land. The City Attorney explained that the City has an obligation to petition the County to obtain the property before the Council and if the City cannot obtain the property then the City must pay him money through a default provision. The City Attorney explained that the City obtained the property pursuant to the agreement and the action tonight would convey the property to Mr. Vaughan pursuant to the agreement entered into by the City and Mr. Vaughan in court. Council Member Neal stated the question exists about what property is involved. Mayor Sullivan stated the City Attorney has stated the City is clear on what p included and he believes the City has taken care of the City's obligation about wha The City Attorney stated the property being dealt with tonigliv in red at the work session meeting and it will be conveyed back to Mr. Va Council Member Lyden stated he reviewed the c created for a cash purchase for the upland would not preclude Mr. Vaughan fro Ings and no default agreement was ity Attorney stated that is correct but it e County if he wants to make that request. Council Member Bergeson st • not s elieve this is an issue that the City has any latitude to discuss, interject s cond-guess what might have happened in the court. This is a ratification o agr. ent that is coming from the court. Council Member Bergeson stated that it was brou ';, work session that once this has been ratified and put into place, the City or Count e . my could support an effort by Mr. Vaughan independent of this court proceeding to mak ome exchange with the County if the County is agreeable. Council Member Lyden moved to approve SECOND READING of Ordinance No. 21-99, as presented. Council Member Bergeson seconded the motion. Council Member Bergeson voted yea. Council Member Dahl voted yea. Council Member Lyden voted yea. Council Member Neal voted nay. Mayor Sullivan voted yea. Motion carried. Ordinance No. 21-99 can be found at the end of these minutes. PUBLIC HEARING, FIRST READING, Ordinance No. 17-99, Easement Vacation, Oak Brook Peninsula, John Powell (4/5 Vote Required) - John Powell advised that the Rice Creek 4