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