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*C O N F I D E N T I A L* <br />MINUTES OF CLOSED EXECUTIVE SESSION <br />LAKE ELMO CITY COUNCIL <br />APRIL 4, 1.989 <br />The Lake Elmo City Council met in closed executive session on April 4, <br />1.989 from 6:30 p.m. to 7:00 p.m. to discuss current litigation. <br />PRESENT: Mayor Sue Dunn, Councilmembers Lee Hunt, Todd Williams, Chuck <br />Graves (arrived 6:45 p.m.) , Donald Moe (arrived 6:45 p.m.), City Attorney <br />Steve Carlson, Attorney James Golembeck (representing City's Insurance <br />Co.), and Administrator Pat Morrison. <br />ROGERS vs. CITY OF LAKE ELMO: Attorney Golembeck discussed the meeting <br />on March 17th with Mr. Rogers and his attorney. He reiterated the City's <br />denial of a rezoning of 17 acres, off TH5 and Stillwater Blvd., to provide <br />for a truck terminal., based on findings including traffic safety, noise, <br />pollution and spotzoni.ng. He further advised Mr. Rogers was filing suit <br />based on a taking claim, denial of reasonable use of property and alleged <br />damages. Alternative uses for this property were discussed, as was the <br />question of RR Zoning appropriateness for this parcel. <br />Golembeck suggested an R-1 zoning may be appropriate for the property; <br />Rogers prefers industrial (Note: no longer available zoning) and would <br />present a tactical alternative. <br />The Attorney advised it would be difficult to win the suit with current <br />zoning standards. Discussion ensued on soils limitations of the subject <br />property. <br />Councilman Moe: No one wanted the trucking facility at this site; Mr. <br />Rogers was given the opportunity to present other commercial uses, but did <br />not do so. (Prefers R-1 or PUD). <br />Councilman Williams: Would be willing to rezone to denser residential or <br />office building (maintaining normal office hours) under PUD. <br />Councilman Hunt: Consider R-1 (PUD) <br />Councilman Williams asked the Attorney if a precedent would be set by <br />rezoning to settle the case; Golembeck advised it would be appropriate to <br />rezone to R-1 as surrounding properties are R-1. <br />Golembeck advised Rogers' attorney was to advise his client's development <br />wishes on this parcel. <br />GORMAN vs. CITY OF LAKE ELMO: Attorney Carlson reviewed the status of <br />case; i.e., Commissioner's award of $49,600; Gorman's appraiser calculated <br />damages at $88,000; Carlson requested Council direction. Consensus was to <br />oppose any settlement; Council was advised any cost differential would <br />have to be paid from City General Funds. <br />ADJOURN: 7:00 n.m. <br />