CC_Minutes_2002_1021 - Laserfiche WebLink

Home

Regular City Council Minutes -10/21/02 Page 15 asset to the community. Councilmember Klausing stated that his concern was to do what was, in his opinion, in the best interest of the residents of the City. Councilmember Kough expressed his support of the College; stating the need to take a stand to continue our support, and that every time the Council took a vote, they were liable for litigation. Councilmember Maschka asked for clarification on what was required for the vote; with City Attorney Tom Scott verifying that it required a simple majority rule. Councilmember Schroeder stated that he had heard enough information from our Bond Counsel that they seemed to be softening in their stand, and in the future may change their interpretation. Councilmember Schroeder stated that, with the information and provisions provided by staff and Northwestern College, he thought there was little risk to City residents, and spoke in support of the motion. Mayor Kysylyczyn asked for a clarification of the City's Bond Counsel whether it was their position that this action would be illegal. Ms. Grain responded in the negative, stating the firm was not making that statement; only stating that, in their opinion, the standing law was not applicable for authorization of the issue; and they didn't think they could give an unqualified opinion that this was a valid issuance. Ms. Grain stated that an issue such as this was "on the edge;" and they were not advising the City NOT to approve the issue; just advising the City that there appeared to be a question of law, and because of that question of law, they wouldn't provide an unqualified opinion that this was a valid issue. Mayor Kysylyczyn stated that the provisions of the contract appeared to eliminate risk to the citizens and any financial impact to residents; and stated he would support the issue, as the segregation of funds appeared to be