Victoria MN Newspaper

LAWSUIT REMAINS ON THE BURNER

VICTORIA AWAITS TIME TO ADDRESS SPECIFICS

Resident Lawrence Gubbe addressed the Council during the Open Forum part of the agenda on September 8th. He passed out a letter and then read the letter at the podium, taking issue with Mayor Tom O'Connor's statement last month about the civil lawsuit filed against four of the city councilmembers. The mayor's statement had been in reference to financial costs involved in the lawsuit.

Mr. Gubbe's letter said, in part, that the mayor's statement was "simply an attempt to manipulate public opinion."

Mayor O'Connor replied that he stood by his statement made at the August 25th city council meeting, adding, "We've been advised to not comment on the merits of the case."

Prior to adjournment of the council meeting that evening of September 8th, there was a question about the Open Forum presentation. "I will take a look at the two-page letter from Mr. Gubbe," said the mayor, "and make an effort to review it and decide whether comment is required."

"A couple of things jump out at me" said Mayor O'Connor, "and I must be careful because we are absolutely forbidden to talk about the elements of the lawsuit. Mr. Gubbe is right that we haven't denied breaking the open meeting law. We're not allowed to say anything. There will come a time when we have our day in court. We ask that the residents be patient and let's see how things play out."

Continued Mayor O'Connor, "This group that filed against us filed an administrative petition and it was withdrawn. They subsequently filed criminal charges and they were dismissed. Now we are in the civil suit arena. Throughout all of this, they presume we are guilty and that's not the American system."

"We are not allowed to make specific statements to the case at this time and, believe me," added the mayor, "I would love to be able to comment on the specifics, as would some of my colleagues. They'll have to wait for another time."

Said Councilmember Tom Strigel about the Mr. Gubbe's letter, "I appreciate you taking the lead on this, Mr. Mayor. The language in the letter is consistent with the type of language and misrepresentation and innuendos that we've seen repeatedly from this group. This letter continues to try to cast guilt where none has been proven."

Said Councilmember Jim Crowley, "There are a whole bunch of statements that I'd like to make in due time."

Repeated Mayor O'Connor, "I stand by my statements made in the local newspapers." Both the Victoria Gazette and the Chanhassen Villager printed the mayor's entire statement last month. The statement did not address specifics of the allegation.

The civil lawsuit was filed against four city councilmembers by Thomas Funk, Carolyn Funk, Marvin Gregory, Jerry Osmonson, Jane Piney, Mark Bjornlin, and Karen Bjornlin. The suit involves alleged violations of the State's Open Meeting Law.

FRESH SEASONS TO REOPEN IN NOVEMBER?

CITY OF VICTORIA REMOVES ONE IMPEDIMENT

Council voted 4-1 to approve the payment of $17,439 in tax increment money received by the city to Carver County to be applied for payment of property taxes on the Fresh Seasons Market property, also called Victoria City Center LLC. The property is owned by Tom Wartman of Excelsior.

Councilmember Joe Pavelko voted against the motion.

Interim City Manager Ed Shukle referred to an agreement between the City of Victoria and Tom Wartman. "This is money that he is owed," said Mr. Shukle. "This would show that we're standing behind getting the store open. This is minimal risk for the city."

Mayor Tom O'Connor reported that evening of September 22nd, "He is talking concretely about reopening the store soon, and this is a way we can show our support." It was stated that the tentative plan is to re-open the store on November 1st with his own people. Property taxes are due October 15th.

Asked Councilmember Pavelko, "Why would the city care whether or not he pays his taxes?"

Replied City Attorney Bob Vose, "Title to the property can come into dispute."

"And he has requested the payment goes to his taxes," clarified Councilmember Jim Crowley. "The number one question I hear is, when are we going to get another store? This is minimal risk."

Added Mayor O'Connor, "He's asking for additional support. We're removing one impediment to him opening the store in November."

Click here for more City Scoop.