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10-20-87 CCM
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10-20-87 CCM
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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 2 <br />so far, as he had promised to have it in on Friday so they would have <br />time to look at it. Also, the City Attorney was asked to respond to <br />Chuck Dayton's comments at the Special Meeting. These comments were <br />not in Knaak's letter that was handed out. Todd thought the whole idea <br />was to find out what Chuck Dayton would offer and at what cost versus <br />what City Attorney Knaak could offer. Todd asked the City Council to <br />approve the expenditure of $1000 to hire Chuck Dayton to do the work <br />on the covenants, state and federal monies and the legal options <br />available. If it came to the point when Attorney Dayton needed a <br />couple of $100, the committee would fund it out of their meager <br />treasury. <br />Councilwoman Armstrong was in favor of hiring Chuck Dayton who is <br />eminently qualified, but would like to see the City Council spend up <br />to $900 and the Citizen committee spend $100. Her reasoning for REAPP <br />paying some of this was it showed that there was some citizen input <br />into this money. <br />Wyn John, President of the Tri-Lakes Association, supported the <br />efforts to fight the landfill in the Regional Park. As far as <br />finances, he has not been able to get an official quorum together to <br />obtain a proper decision on the amount to be allocated, but this will <br />be decided at the next meeting (in two weeks). <br />Councilman Graves felt the City should proceed with some sort of legal <br />assessment of what our options are. Graves would be in favor of the <br />City spending up to $1000 for this. He did encourage them to request, <br />as a result of this analysis, that they clearly define what the legal <br />options are, when they should be exercised, what they would assess as <br />the probability of success in pursuing this and their best estimation <br />of what the legal expenses incurred would be to pursue each option. <br />In regard to the conflict of interest that Attorney Dayton has with <br />the City in that he is representing the Sunfish Lake residents in <br />litigation against the City, Councilman Johnson asked for an amendment <br />to the motion that a satisfactory release must be obtained both by the <br />City and the Sunfish Lake residents. <br />Councilman Graves asked for City Attorney Knaak to check into the <br />legalities of the City giving money to REAPP for hiring Attorney <br />Dayton to work for them. City Administrator Overby commented that it <br />should be construed that the City is hiring Mr. Dayton and he report <br />to the City Council. Graves added that he did not want it to be <br />presumed that because he is supporting the allocation of $1000 that he <br />would "carte blanche" support the expenditures of $100,000-$200,000. <br />These questions will be looked at as they come up . <br />Todd Williams stated that Fritz had agreed at their meeting last week <br />that it was important for the City to retain an engineering firm to <br />monitor the EIS and Todd was disappointed there was nothing in his <br />letter suggesting an engineering firm. <br />M/S/P Moe/Graves - to approve spending up to $1000 to hire attorney <br />Charles Dayton to do a preliminary assessment of the legal issues and <br />strategy alternatives for the City in regard to Site G and the EIS <br />
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