Agenda Packets - 2005/10/10 - Laserfiche WebLink

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Mounds View City Council September 26, 2005 Regular Meeting Page 27 MOTION/SECOND: Marty/Thomas. To keep the golf course open through Monday, October 3, 1 2005. 2 3 Ayes-5 Nays-0 Motion carried. 4 5 Mr. McCarty stated his comments about the sale of golf course items should in no way indicate 6 that he has changed his mind in any way about the sale of the golf course. He stated he is asking 7 a question as a taxpayer and stepping aside from his position as Chair of the Mounds View 8 Citizens Taxpayers Association because he has not discussed this with the Board of Directors, 9 nor does he intend to represent them. Mr. McCarty stated this law suit is going forward and the 10 question revolves around the validity of the Charter process regarding the sale of the property. 11 He indicated the Petition Committee has made it very clear that they wholeheartedly disagree 12 with the City’s opinion that this is not a referendum item. That is why they are going forward 13 with the law suit, to decide that. Mr. McCarty stated that we do not know what the outcome will 14 be because of all the exchanges between the City’s representative and theirs will take time. 15 16 Mr. McCarty asked, as a citizen, should the Citizens Taxpayers Association prevail, the vote be 17 ordered, and citizens denied the sale of that land, where does that leave us. He stated that this 18 Council and staff continues to plod forward having had more than ample notice that this was 19 their intention and Ms. Haake again provided documentation this evening laying our their 20 feelings on this situation. He stated the City received plenty of notice that this was happening but 21 continued to plod on and on knowing full well they had nothing to petition Judicial District 2 22 with until they had a sufficient petition. Mr. McCarty stated all of these things will come into 23 play. 24 25 Mr. McCarty asked if the judge and courts decides that the election must be held and the citizens 26 turn down the authority to sell that property, where will that leave the City of Mounds View 27 should that happen. Mr. McCarty stated no one can guess the outcome but if it does turn out that 28 way, he would like an answer rather than the “old stonewall stares” we have become so 29 accustomed to. 30 31 City Attorney Riggs stated the City does not yet have a complaint to respond to. If received, it 32 will be turned over immediately to the League of Minnesota Cities defense and there may likely 33 be bonding requirements because the City has contractual obligations to fulfill at this time. He 34 noted case law discusses that and he is sure Mr. McCarty and the group have looked at that issue. 35 There are not insignificant costs coming to the City, to the developer, to the State, and to the 36 County at this time. 37 38 Councilmember Thomas stated you have provided ample forewarning and Council has provided 39 ample discussion of their thoughts as well. She stated that all of these factors and possibilities 40 were included in every decision she made so she will have to proceed on a day-by-day basis. She 41 noted this is not new information and she had the feelings and opinions in mind when she had to 42 make the decisions before and will respond on a day-by-day basis as needed. 43 44