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November 27, 1978 Page 8 <br />Councilmember Baumgartner stated that he feels Council erred when it <br />did not have such a hearing, but that Council is now striving to allow <br />full citizen participation. <br />Mr. Dickson stated that MTC would direct drivers to abide by a 20 mph <br />limit on this segment. <br />MSP (Baumgartner- Hodges) to retain existing routing of MTC buses on <br />Ardan /Spring Lake Road alignment. <br />MSP (Ziebarth- Hodges) to amend motion to include study of the proposal <br />for a new alignment alternative on Sherwood /Groveland /Ardan /Spring Lake <br />Road. 3 ayes <br />Amended main motion passed. <br />9:52 PM Acting Mayor Hodges recessed the meeting. <br />10:02 PM Acting Mayor Hodges called the meeting back to order. <br />Councilmember Ziebarth stated that he will attend the January 10 <br />Conference for Elected Officials by the Clean Air Committee. He <br />prefers that the State Implementation Plan (SIP) News would be best <br />kept at city hall for reference by others. <br />Councilmember Baumgartner stated that a Planning Commission meeting <br />is scheduled this Wednesday. It conflicts with RCLLG meeting which <br />has election of new officers and cable tv on its agenda. He asked <br />that another councilmember attend the Planning Commission meeting so <br />that he can attend the RCLLG meeting of which he is a voting represen- <br />tative. Acting Mayor Hodges stated he would attend the Planning Com- <br />mission meeting. <br />2 ayes <br />1 nay <br />Attorney Meyers stated that Ardan Avenue is strictly a city street and <br />consequently the Council can exclusively regulate the speed limit there. <br />He stated that he has recommended the city demand $31,500 as a settle- <br />ment of the Walijarvi negligence lawsuit, while the defendant's attorneys <br />have offered $25,000. Since major legal expenses could be avoided if <br />legal proceeding could be avoided, he requests Council direction. He <br />noted that the city will have to pay expert witnesses and legal fees <br />for preparation and trial to pursue the city's claim in a lawsuit. If <br />we proceed, there is a degree of risk that we could lose the case or <br />have a finding of contributory negligence which would nullify or reduce <br />any award of damages. He stated that we are probably at the point where <br />the city must accept the offer of $25,000 or proceed with the preparation <br />and trial of the lawsuit. He estimated that if we proceed through trial <br />it will cost about $6 -7,000 additional. Depositions are set for Wed- <br />nesday morning, so Attorney Meyers desires Council direction tonight. <br />MSP (Baumgartner - Ziebarth) to authorize Attorney Meyers to negotiate a <br />settlement of the Walijarvi lawsuit for $25,000 and preferably to be <br />paid in one lump sum. <br />3 ayes <br />