10/15/1981 Council Minutes - Laserfiche WebLink

Home Search

12 October 15, 1981 Mr. Weible said the obly leverage the Commission has is that this draft has been presented to the Council in time to be published before the election and to force the Council to put it on this ballot. Mr. Weible said that if the Council would establish a date for a special election, then they would consent to clean up the language. Mrs. Elsenpeter suggested that in order to inform the people of the con- tents of this Charter that special informational meetings be scheduled to inform them what this Charter contains. There was discussion on the problems of setting a special election before the first of the year. Mayor Gourley moved to authorize the Commission to recall the Charter. Seconded by Mr. Jaworski. Motion carried unanimously. The Council recessed to discuss 81TS -1 in a closed session. The meeting will reconvene in approximately 20 minutes. The meeting reconvened and Mayor Gourley asked Mr. Locher to report on the Judge's decision. Mr. Locher reported that basically the Judge decided that all things done by the Council were done in a propert and legal manner with the exception of needing a 4/5's vote by going off Highway #49 and proceeding North on 4th Avenue. Since this Resolution ordering the project was done by a 2 /3rd's majority it is not valid. Mr. Locher reported there are several options; 1) do nothing. In this case the City would lose the bond issue and be liable for all expenses incurred to this point; 2) call for a vote and see if a 4 /5th's vote can be obtained; 3) the City can appeal to the Supreme Court; 4) pull the pro- ject down to the area that would be directly on Highway #49. Mr. Locher pointed outthe problems of having all the expenses already in- curred and losing interest at the rate of $500/$600 per day on the bond issue. Mayor Gourley said the consensus of the Council in the closed session was that this matter would not be pursued to the Supreme Court. The alternate of calling for a 4 /5ths vote - the motion would have to be made by someone who voted with the majority. The 3rd alternative would be to approve a project that lies totally within the petitioned area. Mr. Wayne Long, of OSM, reported that he and presented a report to the City Administrator stating that the project from the center line of Sec. 30, North on Highway #49 to I35W was feasible and the estimated costs of the project would be $1.6 Million Dollars. Mr. Steve Mattson, of Juran & Moody, reported that the Bond amount would need to be reduced to the 1.6 Million and this would be allowed. He said the underwriters are not too happy about the situation, but could accept it. Mayor Gourley asked, if this project was approved, when could the City expect to receive the funds and Mr. Mattson said, within a week. Mayor Gourley asked if there were any questions from the Council for