Agenda Packets - 2005/09/26 - Laserfiche WebLink

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Mounds View City Council August 22, 2005 Regular Meeting Page 46 in his opinion the Council’s action just “gutted the Charter.” 1 2 Economic Development Coordinator Backman stated the City has adopted ordinances from time 3 to time when certain property has been conveyed from the City to the EDA. The City Attorney’s 4 August 11, 2005 letter indicates that State law allows the City to convey property without regard 5 to City Charter provisions. Minnesota State Statute 471.64 authorizes the City to enter into a 6 contract for the sale of real property to another political subdivision without regard to Charter 7 provisions. Although the City Council complied with the Charter and adopted an ordinance 8 authorizing the conveyance, the Statute provides authority for the Council to adopt a resolution 9 authorizing staff to finalize conveyance of the property to the EDA. Staff recommends the 10 Council adopt the draft resolution which would convey the property known as the Bridges Golf 11 Course to the Mounds View EDA. 12 13 MOTION/SECOND. Gunn/Stigney. To waive the reading and adopt Resolution 6581 14 Authorizing Sale of City of Mounds View Property to the Mounds View Economic Development 15 Authority 16 17 Mayor Marty stated his belief that taking this action is a blatant way to circumvent the Charter 18 since the sale of land is to be done by ordinance. However, to pass a resolution conveying this 19 property seems like over-kill or like someone is worried about this stopping and wanting to make 20 sure residents don’t have the opportunity to vote. 21 22 Councilmember Gunn stated the EDA has handled all the land buying and selling and it has not 23 been done through the Council. She stated this is no different. 24 25 Councilmember Thomas stated she was firmly against doing this by resolution because it needed 26 to be done by ordinance. Now the Council has done it by ordinance so it is not circumventing 27 anything. She stated this vote is the hardest thing she has ever had to do in her life. She stated 28 she was very firm in conversations with staff that until that stand was made, this was off the 29 table. Now this is a matter of paperwork, involves no change, or change in the process. She 30 noted there have been discussions and the public has been dealt with in a way that was 31 honorable. Councilmember Thomas reiterated that this is just paperwork. 32 33 Mayor Marty stated he begs to differ with the opinion that this is just paperwork. He noted it was 34 petitioned and deemed invalid but why duplicate the process with a resolution just to ensure that 35 all the bases are covered. He stated that seems to him to be over kill. 36 37 Councilmember Thomas stated it probably is and she does not know that it will serve any more 38 benefit than action already taken but it is staff’s recommendation so she will support it. 39 40 Councilmember Stigney stated he agrees with Councilmember Thomas and does not want to 41 leave any loopholes open that may delay this development. 42 43 Ayes-4 Nay-1 (Marty) Motion carried. 44 45