2006-01-09 Regular - Laserfiche WebLink

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Regular meeting January 09, 2006 Ames Place. Mr. Wagner objected to the wording of ownership of the greenspace. He felt that no one had ever proved to him that University City owned the greenspace. What Mr. Wagner felt was that University City owned the transportation easement on that greenspace. He preferred at the time for our agreement to say that. Since that meeting, Mr. Wagner was in attendance at a meeting with the legal representative from Ames Place, Mr. Singer. Mr. Wagner believed what the fair process would be was to let Mr. Singer look over the wording of the agreement. and come back with an agreement he felt would also be fair to Ames Place. With this, Mr. Wagner moved that this bill be continued, to be taken up at a future date. Mr. Singer would get back to University City with a contract agreeable to Ames Place. Mr. Wagner moved for it to be Continued and was seconded by Ms. Brot. Ms. Welsch wanted to clarify what had been presented. As she understood it, University City would get Mr. Singer's verbiage he would suggest that would work better and University City's attorney would review it. After reviewing Mr. Singer's proposal for the intergovernmental agreement, Council could be voting on an am mended bill or a new bill. This was acknowledge by Mr. Wagner. Mr. Sharpe asked where we are now with our agreement with Metro. Mr. Ollendorff said that the negotiation for granting this easement that has taken place in the last month between Metro and our attorney was accepted by Council in Executive session. That agreement can't be binding until there is a public vote on the bill. This bill was read at the last Council meeting and was announced that there would be no vote on it until next Council meeting. Ms. Brot and Mr. Wagner recommended that no action be taken until Council hears back from Mr. Singer of Ames Place. Ms. Brot felt that she and Mr. Wagner tried to ask the appropriate questions at the executive session to find out if we would be covering the interests of Ames Place. Either we didn't ask the questions entirely in the legal fashion or we thought that we heard that there was still a debate over ownership and adverse possession. Really the Ames Place attorney and representative should have been there. So in light of doing due diligence and fairness to be sure we know what we are doing before we vote on it, she and Mr. Wagner felt that it needs to be continued so that we can have both lawyers get together again with the same agreement and that has not happened. Ms. Welsch said she was in support of Council member Brot and Wagner to continue this bill. In support of Ms. Brot, Ms. Welsch said that when Council came into the executive session, she was unaware that we would be talking about this issue. Metro's attorney was there and Ames place attorney was not and she felt that all legal representation should have been present. Ms. Welsch would appreciate from staff and our attorney an understanding of how the words we chose in this Intergovernmental Agreement can affect any pending litigation that Ames Place has with Metro. Ms. Welsch was unaware that Ames Place suit had not been settled. Council's vote on continuing Bill 8838 was passed unanimously with all Ayes. Ms. Brot said one of the problems Council had was that they were only able to hear Metro's Page 2