1988 Minutes resolutions - Laserfiche WebLink

Home Browse Search

Pursuant to due call and notice thereof, the City Council of the City of Centerville held a special meeting on December 12, 1988 at City Hall. The purpose of the meeting was to discuss pending litigation of residents regarding the 1987 Street Reconstruction Project. Mayor L'Allier called the meeting to order at 6:00 p.m. Present: Fritchie, Wilharber, Burgstahler and Neumann. John Burke, of Burke and Hawkins, was present to discuss the case. Burke advised that the case is in pre-trial discovery stage. He advised that written questions and interrogatories have been sent to Felix Manila, the attorney for the residents. Burke advised that the judge for the case is concerned regarding the cost of the case. He advised that the judge would like to see, by January 16, an economical plan to litigate the case. He also advised that all appraisal work should be complete by May 1, 1989. It was the recommendation of Burke, that the City Council authorize Burke and Hawkins, City Attorney's, to obtain an appraisal firm to do appraisals for the case. He advised that Burke and Hawkins would try to come up with a mutually agreed upon procedure, as recommended by the judge, and would come back to the City Council after the appraisals were complete. Council member Wilharber noted that as of January 1, 1989, three new Council members will be representing the City. He advised that two of those Council members appear to be involved in this litigation against the City. Wilharber questioned their participation in this suit. Burke advised that the two City Council members involved in the litigation would be excluded as City representatives with regard to taking part in or discussing matters regarding the suit, per Minnesota State Statutes. Burke advised that with regard to the determination of parcels to be appraised. a decision of which parcels to use would be made by the City Attorney, the City Engineer, and the hired Appraiser. Burke noted that the issue in this case is, "Was there an increase in property values with the 1987 Road Reconstruction Project." Motion by Wilharber, second by Fritchie, that based upon the recommendation of City Attorney, John Burke, of Burke and Hawkins, Attorney's-at-Law, that the City of Centerville will contract with Bjorklund, Carufel and Lachenmayer, Inc. (B. C. L. Appraisals, Inc.), to make the required appraisals in the 1987 Street Reconstruction litigation case, motion carried unanimously. Motion by Wilharber, second by Burgstahler, to adjourn the meeting, motion carried unanimously. Meeting adjourned at 6:55 p.m. Respectfully submitted, Tamara M. Miltz-Miller, City Clerk/Administrator tr~ 'fY{- 'IJ}~ VJ;J4