BY COUNCILORS HOGG AND STEWART:01-0360R
RESOLUTION DIRECTING THE CITY ATTORNEY TO PROVIDE RESEARCH, ASSISTANCE AND ADVICE IN SUPPORT OF THE COUNCIL'S INTENT TO DEFEND THE CITY AGAINST ANY ADMINISTRATIVE, LEGISLATIVE OR JUDICIAL ATTEMPT TO OVERTURN OR OVERRULE THE CITY'S DECISION DENYING A STATE OF MINNESOTA REQUEST TO LEASE A PORTION OF DULUTH'S CONGDON CHARITABLE TRUST LANDS FOR THE MCQUADE PUBLIC ACCESS PROJECT.
WHEREAS, the Minnesota legislature is considering legislative action to force the city of Duluth to make a portion of the Congdon Charitable Trust property available for use as part of the proposed McQuade public access project; and
WHEREAS, the Duluth City Council has, by a majority vote of 6-3, denied the state of Minnesota's request to lease Congdon Charitable Trust property for that purpose; and
WHEREAS, it is inappropriate and may well be illegal for the state of Minnesota to overrule or overturn the city of Duluth's decision about this matter; and
WHEREAS, members of the city council have received information, set forth in the memorandum filed as Public Document No. _____________ (Exhibit A), indicating that the state has no power to condemn and take the property and that any special legislation to force the city to make the property available would require city council approval; and
WHEREAS, in accordance with Section 26 of the City Charter, the city attorney is required to perform such duties as the council may require;
NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council hereby directs
the city attorney to carefully research the proposed state legislative
action, the issues raised in Exhibit A, pertinent state statutes, the Duluth
City Charter and other appropriate sources for the purpose of preparing
a strong legal defense against any administrative, legislative or judicial
attempt to overturn or overrule the city of Duluth's decision in this matter.