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8 <br />To: Mayor Grabek & Orono Council Members <br />From: Mark E. Bernhardson, City Administrator <br />Date: September 20, 1988 <br />Subject: Lake Minnetonka Regional Park <br />92688.2HD <br />cE <br />ATTACHMENT - <br />Regional Park Issue Dated 8/29/88�' <br />OF <br />A. Lake Minnetonka Rej1d <br />g ._� <br />ISSUE - <br />1. Update the Council regarding the use of the alternate attorney. <br />2. Providinq the Council with information related to the issue of the <br />City standing. <br />INTRODUCTION - At the Council's September 12th, 1988 meeting, it was <br />indicated that the City was pursuing the issue with the City's alternate <br />attorney. <br />DISCUSSION - The attorney has made a determination that they have no <br />significant conflicts of interest apart from some bond work they had done <br />in the past three years for Hennepin Parks, but because of the State of <br />Minnesota is a significant client that wo-ld be pro:)lematic and therefore <br />disqualified themselves from consideration. <br />Staff could seek a firm that has a familiarity in the area yet does not <br />have the State, Metro Council or the Park District as a client. (As a side <br />note, Tim Thorton, the attorney for Minnetrista, as this case has been <br />appointed General Consel of Northwest Airlines and an attorney to handle <br />the case may not be identified yet.) <br />ALTERNATIVES - <br />1. Direct staff to undertake tecoming a party to the lawsuit. <br />2. Direct staff to send a letter of intent of possible inclusion of <br />lawsuit. <br />3. Request that the cities around the lake again consider the <br />possibility of an amicus curiae. <br />4. Take no action. <br />5. Table for further discussion. <br />6. k another opinion on standing. <br />