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82988.3 <br />/o <br />TO: Mayor and City Council <br />FROM: Mark E. Bernhardson, City Administrate <br />DATE: August 29, 1988 CiM ri3'.7yV4r."� <br />SUBJECT: Lake Minnetonka Regional Park <br />Attachements: A. 1988 Legislation - Hennepin Parks <br />B. Excerpt Minnesota Constitution Article 12 <br />C. Minnesota Statutes 398.09 <br />D. Feasibility Study Lake Minnetonka (Undated) <br />E. Draft to Alternate Attorney <br />ISSUE <br />1. Refinement of the issues related to the suit. <br />2. Updatingcommunication of the alternate attorney as it <br />relates to the City's standing as a potential party to the <br />Minnetrista lawsuit. <br />3. Delineation of further avenues of action. <br />INTRODUCTION - At the Council's August 8, 1988 Council meeting <br />they discussed the issue of the Lake Minnetonka Regional Park and <br />direction to be undertaken. As Popham Haik was the primary <br />attorney but does have a conflict of interest, the matter is <br />being referred to the City's Alternate Attorney, William Soth at <br />the Dorsey firm. In a subsequent phone conversation, subsequent <br />to the August 8th meeting, Councilmember Callahan and myself <br />discussed the issue of standing and he requested that we ask the <br />alternate for a preliminary determination as to the City's <br />standing, which is the reason for Attachment F. <br />In addition, since the last meeting Councilmember Goetten has <br />raised the issue of lawsuit support through the Association of <br />Metropolitan Municipalities (AMM) and this was discussed at their <br />August 25, 1988 Metropolitan Affairs policy group meeting. This <br />group held it of significant enough interest to be referred to <br />the appropriate Policy Committee of the League of Minnesota <br />Cities. <br />DISCUSSION <br />1. Refinement of the Issue. The issues related to the lawsuit <br />have generaf-fy -been ieentified as to two constitutional issues <br />relating to; a.) special legislation and b.) "garbage bills". <br />A third relating to eminent domain is one that is more a pol icy <br />issue for the State. <br />S ecial Le illation - As noted in Attachment B the <br />Constitutl.; o-TMinnesota prohibits any special <br />1 <br />