09/23/1995 Council Packet - Laserfiche WebLink

Home Search

COUNCIL MINUTES AUGUST 14, 1995 Council Member Bergeson noted that the Conflict of Interest petition contains a caption stating that if this measure is approved by ordinance, the ordinance cannot be repealed except by the majority of the vote by the registered voters. Mr. Hawkins explained that this language is not included the proposed ordinance. The City Council could repeal the ordinance in the same manner as they would repeal any other ordinance. Council Member Kuether said that at one of the Council work sessions, it was noted that whether the measure was approved by an election or by a City ordinance, it could only be repealed by a vote of the registered voters. Mr. Landers, 7181 Sunrise Drive, a member of the committee sponsoring the petitions explained that if the measure is adopted by the voters, it can only be repealed by the voters. Proposed Notification Requirements Petition - The citizens petition to require that notices of a change in property status be mailed to all property owners within 600 feet of the property requesting a change in status was discussed. Also discussed was the proposed provision that would require that all notices be sent by certified mail. Ms. Wyland prepared three (3) examples of the cost break down. She noted that it would be extremely costly to mail notices by certified mail. Ms. Wyland also noted that it would take a considerable amount of stafftime to prepare the necessary mailing documents required to send the notices by certified mail. Mayor Reinert noted that at the work session, he asked why the citizens decided everyone within 600 feet should be notified of the change of status of a property. He asked why is 600 feet the magic number? What is the rationale? Mr. Landers said he was not sure why 600 feet was selected, however he felt that 350 feet was not adequate especially around a lake. If a piece of lake front property was requesting a change of status, all landowners around the lake should be notified. Mayor Reinert asked Mr. Landers if he preferred a provision requiring the notification by certified mail to persons within 350 feet of the property requesting a status change or if he preferred that all landowners within 600 feet be notified by regular mail. Mr. Landers said he preferred that all persons within 350 feet of the property requesting a status change be notified by certified mail. However, he did not feel that the other petitioners would agree. Mayor Reinert asked that an ordinance be prepared indicating a compromise and then review the ordinance after one year. Mr. Landers said he was concerned that after a year or two, staff would "fall back" to preparing notices in the current manner. Mr. Schumacher explained that when notices are mail, an affidavit of mailing is prepared. He suggested that the mailing be prepared by normal mail services and a copy of the affidavit and the names and addresses of each person who was being notified be included in the mailing. Mayor Reinert presented the following compromise: all person within 600 feet of the property requesting a change in status be notified by normal mail and an affidavit of mailing which includes the names and addresses of persons being notified be included with each letter. PAGE 23