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8488. 3 f <br />TO: Mayor and City Council <br />�.0 r <br />FROM: Mark Bernhardson, City Administrator <br />DATE: August 2, 1988 <br />SUBJECT: Lake Minnetonka Regional Park/Lawsuit <br />Attachment: A. Draft Letter Regarding Lake Minnetonka <br />Regional Park <br />ISSUE <br />1. Providing information for the Council regarding the Mayor's <br />meeting in Lake Minnetonka Regional Park lawsuit. <br />2. Provision to the Council of additional legal. information <br />related to potential co,:rses of action. <br />INTROD_UCT_ION - At the Council_ my 25, 1988 Council meeting the <br />issue of financial support of -innetrista or in the alternative <br />legal support was reviewed. As a result of the meeting the staff <br />drafted, for the Mayor, a letter requesting that the communities <br />around the lake join together in amicus curiae brief in zupport <br />of Minnetrista but not as a party to the lawsuit. <br />DISCUSSION _ - Present at the Mayor's meeting in addition to the <br />Mayor's of Mound; Minnetonka Beach, Minnetrista and Orono were <br />Council representatives from Tonka Bay and Shorewood together <br />with Neil Webber the Hennepin Parks representative for this area, <br />and Shirely Bonine, Chair of the Hennepin Regional Parks System <br />and Tim Thornton an attorney with Briggs and Morgan who will be <br />undertaking the case on behalf of the iandc iers. <br />The initial reaction, by the landowner's attorney, to the idea <br />of the amicus curiae brief was that it would be of little effect <br />at the trial court level, although more effect at the appeals <br />level (indicating that either party would probably appeal a <br />decision) and that for approximately $2,000 apiece the cities <br />around the lake could participate as a party with the City of <br />Minnetrista. Over the course of discussion this was reduced to <br />the range of $300-400 and finally at the end of discussion for <br />perhaps as little as $50-100. <br />Orono's Mayor questioned au to why the reduction in price <br />together with the need for the cities around the lake to try and <br /># expend $15,000-20,000 on an issue where the City of Minnetrista <br />and Hennepin Parka were only differing on a small number of <br />acies. fie indicated that the issue of the condemnation authority <br />and the law were a separate issue and may need to be dealt with <br />in a separate manner but that the parties should work hard on <br />solving the Minnetrista/Hennepin Parks problem. <br />Following that discussion I discl!ssed the m,,tter with our <br />O <br />