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LAKE ELMO COUNCIL MEETING, MAY 17, 1983 For 67778 ^11- approval 12., 'ADMINISTRATOR''S REPORT: A. Nelson Hag'emah'•.Letter - Whittaker referred the Council to a fetter from Glenn E. Hageman and David Nelson requesting reconsideration of their rezoning request lest litigation be initiated based on the Council's recent decision. A legal opinion from their attorney, Morse, Clinton & O'Gorman, Ltd, was attached. M/S/P Fraser/Mazzara to take the Nelson/Hageman request and legal opinion under advisement until the June 7, 1983, meeting, Carried 5-0. B. Moosbrugger'Summon's°'&,Ccmp'laint - Whittaker reported that Mayor Eimer was serve a summons & Complaint initiatedr.hy ,several residents requesting the Court to declare the hearing and subsequent', rezoning of the willis Hutehinsom property invalid and requesting -damages of $25,000,•000,from the C&NW Railroad that would result from their proposed auto unloading facility on the Hutchinson property, The City has 20 days from date of service, May 13, 1983, to respond. The City office received copy on May 17, 1983. The complaint was filed with the District Court, Whittaker asked the City Attorney how to respordto the Complaint; --Attorney Marshall - this action is completely separate from the city's request for a declaratory judgement. Prohibited -from discussing.this,.at an-open`meeting-because of of the Laywer/Client privilege, The client can waive this .;_ prividedge, but the lawyer cannot. When talking about pending litigation, prohibited from and not at liberty to discuss the litigation at an open meeting. Happy to discuss with the Council in Executive Session, but cannot advise the Council on this litigation at an open meeting. Action has to be taken before the next Council meeting. MIS/ Fraser/Mazzara to move for an Executive Session with legal Counsel to discuss the pending lawsuit -served on Mayor Eder, Discussion: --Mazzara - would like to read over the complaint before making any decisions, --Eder - explained why the Council did not receive a copy of the complaint until today - was unaware when he was served that no other Council members or the City Administrator were,served. Erred in not asking Attorney Moosbrugger - essentially he stood for the City in being served. --Mazzara - Because of the time factor, agreed to. the Executive Session Motion carried 3-2. Dunn and Morgan opposed. The Council recessed for a 15 minute Executive Session with the City Attorney. Utility Bill Default -'The Council reviewed the City Attornw's lather uprdating the Louis Tuccito past due Water Bill. Council approval is requirad to declare r_.he bill in default. M/S/P Fraser/Morgan to declare the delinquent water bill of Louis Tuccitto in the amount of $167.20 in default and uncollectable. Carried 5-0.