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COUNCIL MEETING APRIL 10, 1995 <br />Mr. Hawkins suggested that the City Council adopt a motion <br />determining that the petitions are insufficient and direct the <br />City Clerk to return them to the sponsoring committee with a <br />statement of the deficiencies. He also suggested that the City <br />Clerk give the petitioners a copy of his written analysis of the <br />petitions. Mr. Hawkins also suggested that the City Council <br />determine if they want to refer the petition for increased <br />notification and cap on residential development to the Planning <br />and Zoning Board for study and a report. The City Council would <br />have the authority to adopt ordinances that are in proper form <br />and substance to deal with the concerns raised by these <br />petitions. <br />Mr. Hawkins noted the petition asking that Ordinance No. 01 - 95 <br />rezoning Clearwater Creek be submitted to the voters must be <br />filed in proper form and substance during the 30 day period <br />following publication of the ordinance. The petitioners have <br />until April 13, 1995 to gather the required number of signatures <br />and submit the petition with the proper certirication. The <br />matter isfinal after that date. <br />Mr. Hawkins advised the persons preparing and submitting <br />petitions to review Chapter 5 of the City Charter. Any petition <br />that is not in exact cofupliance is not sufficient under the City <br />Charter and under state law. <br />Mr. Hawkins said that he, also looked at the substantive <br />sufficiency of each petition. First the City Council must <br />determine if the ordinances proposed by the petitions are <br />constitutional. The second issue that must be considered is <br />whether the proposed ordinances improperly infringe upon the <br />power that belongs to the executive or administrative officials <br />of the City. <br />Mr. Hawkins said all four (4) of the proposed ordinances are not <br />procedurally sufficient and not substantively sufficient. Mr. <br />Hawkins then addressed each petition and described how each were <br />insufficient. <br />Mr. Hawkins explained that he has looked at this matter very <br />seriously. He noted that the City Charter has reserved important <br />powers to the people and nothing should be done to curtail these <br />powers. <br />Council Member Kuether asked if the petition that will be <br />presented later requesting that the Ordinance rezoning the area <br />for the Clearwater Creek is constitutional. Mr. Hawkins said <br />yes, however the 30 day window allowing citizens to file <br />PAGE 5 <br />