Minutes - Council - 09/08/2008 - Laserfiche WebLink

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were crossing in a 55 mph zone with a person out there with a flag hoping people would stop. Assistant City Engineer Himmer stated that the goal is to get one continuous trail and not piecemeal. Councilmember Look stated that he isn't opposed to this trail, but without knowing the costs that this could be to the City, he doesn't want to put the cart in front of the horse. Councilmember Jeffrey stated that his concern is that if this individual did bring suit and because they worked at the County, whether the case would have to be sent to someone else. City Attorney Goodrich agreed that this is probably what would happen. Councilmember Dehen stated that while this is a possibility, and anyone can sue anybody, it doesn't mean that the suit is valid. He stated that this trail will benefit the kids and he feels there is a small chance of getting sued and an even smaller chance of getting sued successfully. Councilmember Strommen stated that she agreed with Councilmember Dehen that while there are risks to most actions taken by the Council, they still need to make decisions based on what the Council feels is the right thing for the health, safety and welfare of the residents. She stated that the City needs this trail, the kids need a place to walk safely to and from school. She stated that her fear is that the City will ' go back and forth with the County over something that is no different than many of the other issues that are dealt with. She stated that she thinks the City should just get the trail in. Motion failed. Voting Yes: Mayor Gamec, Councilmembers Look and Jeffrey. Voting No: Councilmembers Dehen, Olson and Strommen. Absent: Councilmember Elvig. Motion by Councilmember Strommen, seconded by Councilmember Olson, to Approve the Joint Powers Agreement drafted by the County, with Anoka County for the construction of a trail along CSAH 5, subject to granting authority to the City Attorney and City Engineer to make any amendments as may be necessary in order to receive final approval from Anoka County. Further Discussion: Councilmember Jeffrey stated that although he will vote to move this forward, he is concerned that this resident is an employee at the County Attorney's office. He stated that he simply wants his concern to be noted. Motion carried. Voting Yes: Mayor Gamec and Councilmembers Strommen, Olson, Dehen, and Jeffrey. Voting No: Councilmember Look. Absent: Councilmember Elvig. Case #4: Consider Confirmation of Directions given in Closed Session re: Discussion of Acquisition of 7131-166th Avenue NW, Related to Improvement Project #08-27, 167th Avenue NW Realignment City Attorney Goodrich noted that the Council met under closed session earlier this evening, but no formal action was taken. No action taken. City Council / September 8, 2008 Page 7 of 10