06-13-2000 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borcc Patrick J.swecney Robin D. Tommey Michael J. &lake Sweeney, Borer & Sweeney Pmfessfonal Associazio, Attorneys at Law Suite 1200 386 North Wabasha Street St Paul, Minnesota.551O2 June 9, 2000 VIA FAa C ,EE MW CTS MA m, Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada MN 55117 Re: Joint Project with St. John's Catholic Church Our File No. 9555 Dear Joel; Telephone (651)222.2541 Facsimile (651)223.52&9 You have asked us to research the question of whether the City of Little Canada can use public Rinds to build and operate a community space in cooperation with and at St. John's Catholic Church. It is axiomatic under the Minnesota Constitution that a valid municipal expenditure must be for a "public purpose ". Generally the objective of a public purpose is to promote the public health, safety, morals, general welfare, security, prosperity, and contentment of all of a city's residents. See generally, Pity of Pipestone, 178 N.W.2d 200. The legislature has statutorily authorized specific expenditures cities can make for a "public purpose ". Although legislative determinations of "public purpose" are not binding upon the Courts, they are entitled to great weight. • There are several relevant statutes related to the above stated issue. Minn. Stat. §412.491 provides that any statutory city may "establish, .improve, ornament, maintain and manage parks, parkways and recreation facilities...," Minn. Stat. §47L15 provides that a statutory city may "acquire, equip and maintain land, buildings or other recreational facilities... and expend funds for the operation of such program..." Minn. Stat. §471.16 provides that the. city "may operate such a program independently, or they may cooperate among themselves or with any nonprofit organization in its conduct and in any manner.in'which they may mutually agree...." Page 6A