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<br />City Administrator Norman explained there was an early indication that there could be <br />discussion regarding the land, but the answer from PCA seems to waffle back and forth between <br />a possible arrangement in the next couple of years to nothing being possible for 30 to 40 years. <br /> <br />Community Development Director Trudgeon explained the area being discussed is about 20 <br />acres to the east of the Oaks of Savannah. The representative of PCA first indicated there could <br />be discussions, then the next time there was a meeting the City was informed they could not <br />utilize this area because some day the landfill may need to be capped and dirt will be needed <br />from this area. The City was told PCA does not have a plan for this and it could be 20 years out, <br />but they want to hold onto the land. Staff would like the opportunity to determine what the <br />rights are of the City. The City is currently at a point where they are not getting anywhere; they <br />may find out they cannot go much further with this site, but would like someone to guide them in <br />this process. <br /> <br />Mayor Pro Tern Elvig expressed concern that utilizing lawyers could cause a long, drawn out <br />process. He questioned if the City has exhausted all of their political potentials and whether staff <br />has been working on this long enough. <br /> <br />Community Development Director Trudgeon explained the attempt with this legal assistance is <br />to advise staff in their dealings with the PCA. <br /> <br />Dan Colton, Leonard Street and Deinard Law Firm, stated in his discussions with staff he has <br />indicated it is not wise to send an attorney into the City's first meetings with the PCA. The City <br />has an interest in developing this property and the State has interest as the current title holder. <br />The question becomes whether the City has various organic powers that it can typically enforce <br />against the property owner. This is a classic case of competing public purpose issues; the City <br />has issues and public needs, and the State has similar interests to protect. In order for the City to <br />develop an understanding of what can be done with the State they need to be aware of their <br />rights. <br /> <br />Mayor Pro Tem Elvig inquired about cost estimates for this legal service. <br /> <br />Mr. Colton replied his rate is $330 per hour; however, the firm employs senior associates and <br />junior partners that bill out for half that rate. If there were a research project that needed to be <br />completed, that would typically be done by junior attorneys in the firm; their rates are <br />approximately $190 to $200 per hour. In terms of a set or fixed price, they are an entrepreneurial <br />firm and are willing to negotiate with any client on a reasonable fee schedule. <br /> <br />Mayor Pro Tern Elvig inquired about the suggested funding source. <br /> <br />Community Development Director Trudgeon replied there are budget line items for consultants, <br />whether in the Community Development Department or generally. The suggested funding <br />source will be determined and included in the case when it is brought before the Council. <br /> <br />Councilmember Pearson asked if the landfill generates any tax dollars for the City. <br /> <br />City Council Work Session / June 6, 2006 <br />Page 2 of9 <br />