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.

BY COUNCILORS HOGG AND STEWART:

        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.



STATEMENT OF PURPOSE:  This resolution directs the city attorney to provide legal research, assistance and advice in support of the council's intention to protect the city of Duluth's right to make local decisions about local matters and to keep faith with promises made by the city of Duluth to Chester Congdon regarding future uses of the Congdon Charitable Trust lands.