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Hammitt, Bob From: Medlin, Johnny To: Norris, Linda Cc: Andersen, Chris; Hammitt, Bob; Klein, Glenn (RIS1) Subject: Benchmark Northwest Tree Felling on Dillard Road Date: Tuesday, February 01, 1994 11:14AM Hi Linda, This is preliminary from Jens Schmidt of the City Attorney's Office but since it is also time sensitive I thought I'd let you know what was happening. From our meeting of last week the question of impact of the alleged illegal tree removal onto the ongoing PUD application was researched and there was nothing found that ties the two together. Therefore, it looks like the PUD approval can't be held while this issue is being resolved. The issue of the stop work order is basically the same. As long as they comply with the clarifications of the permit provisions we don't have anything that justifies our not giving them the go -ahead to resume work under the permit. They still maintain that the earlier transgression was a misunderstanding and that they have given every verbal and written agreements that they will honor our interpretations of the permit from this point forward. We received a letter from them last week stating that they feel they have met all the conditions stated in my earlier letter to them that needed to be met to have the stop work order lifted. I agree that they have. They are stating that meeting the conditions was at a cost to them of $5,000. They ask that the City either lift the stop work order by Feb. 1st. or they feel they should would be liable for the $5,000 spent to comply with the conditions we set. Jeans will be getting back to me early this afternoon and says his recommendation will likely be to lift the stop work order. I would appreciate your thoughts on this prior to me doing so. If we are going to lift it, doing so by their Feb. 1st date would close one possibility for them to have a possibly valid counter- claim. While I think the $5,000 figure to be high, it would not be simple to contest. Thanks Johnny Page 1