08-08-1988 Council Minutes - Laserfiche WebLink

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• MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 MAYOR' S REPORT: ORONO /LONG LAKE DISCUSSIONS It was moved by Councilmember Peterson, seconded by Mayor Grabek, to accept August 29, 1988 as the date for individual councilmembers to meet with Facilitator Barbara Arney. Motion, Ayes =S, Nays =O, Motion passed. LAKE MINNETONKA REGIONAL PARK Mayor Grabek reported that he had attended the meeting of the Lake Area Mayors and presented the proposal of using the amicus curiae brief as a legal tool. He was informed by Tim .''.-Thornton., attorney from: Briggs and Morgan representing the landowners, that the brief was not an effective method of legal involvement. Mr. Thornton told Mayor Grabek that he would like to see the surrounding cities become actual parties in the lawsuit, at a cost ranging from $100.00 to $2,000.00 each. Mayor Grabek told Mr. Thornton that he would have to give the matter further consideration. Mayor Grabek further reported that Neil Webber, area representative for Hennepin Parks, said that he was against the park because he opposed the constitutionality of the condemnation. As the meeting progressed, it was discovered that the controversy between Minnetrista and Hennepin Parks had been • reduced to a disagreement over 20 acres. Mayor Grabek suggested to the Mayor of Minnetrista that they participate in more discussion with the Hennepin Parks in an attempt to resolve this difference. Mayor Grabek said that at this time he is not sure whether Minnetrista is in favor of the park or not. City Attorney Barrett stated that he had talked with Mr. Thornton and Thornton wants the area cities involved because it would add weight to the Complaint. Barrett told Thornton that he would like the City of Orono held harmless for the costs should the cities lose and Thornton told him that could probably be arranged. Mayor Grabek stated that he did not know how the City of Orono should proceed. City Attorney Barrett suggested that the Council determine whether their intervention would be for the purpose of preventing the park, or to oppose the constitutional aspect of condemning property. Mayor Grabek stated that they would not want to stop the park, because as he understands it, the City of Minnetrista is concerned about the size of the park, not - stopping the park. Councilmember Callahan stated that ..Mi.nnestrista ,could fight the size issue on their own. If the City of Orono does intervene, it would be due to the constitutional issue. He would rather see Orono present an amicus brief than do nothing. He felt that Minnetrista could possibly compromise and drop the constitutional issue of the • litigation in exchange for a satisfactory size of the park. He wants to see Orono become a party to the lawsuit, due to the fact that should Orono file an amicus brief and Minnestrista settle the case, Orono would have to initiate its own lawsuit in order to pursue the constitutional issue. He felt that the other 5