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1 <br />1 <br />1 <br />COUNCIL MEETING JULY 10, 1995 <br />received from Mr. Anthony Emmerich, ordered preparation of a <br />feasibility report for the Clearwater Creek utility and street <br />improvements. The report can now be received and the public <br />hearing set for August 14, 1995, 6:45 P.M., at which time the <br />details of the report will be presented. <br />Council Member Kuether moved to adopt Resolution No. 95 - 70. <br />Council Member Bergeson seconded the motion. Motion carried <br />unanimously. <br />Resolution No. 95 - 70 can be found at the end of these minutes. <br />ATTORNEY'S REPORT, ACTING CITY ATTORNEY, BARRY SULLIVAN <br />Consideration of Citizen Petitions - Mr. Sullivan explained that <br />early this spring, the City Attorney's office received several <br />citizen petitions regarding proposed ordinance amendments. After <br />review of the petitions, the City Attorney provided a report to <br />the City Council stating that none of the petitions were legally <br />sufficient. Two (2) petitions have been resubmitted in proposed <br />form rather than in final form. The City Attorney's office was <br />asked to review the two (2) proposed petitions. <br />Mr. Hawkins reviewed the proposed ordinance regarding increased <br />notification as related to zoning amendments and other such land <br />use proposal. Mr. Hawkins report indicated that there should be <br />a few minor changes to the petitions, but otherwise was in proper <br />form. <br />Mr. Hawkins was unable to review the proposed ordinance regarding <br />conflict of interest for the last Council meeting. He has now <br />completed the review and has submitted a letter with his opinion. <br />A copy of the letter was included in the Council packets. The <br />proposed ordinance petition seeks to repeal the existing Code of <br />Conduct ordinance and amend the City Charter. This would be a <br />City Code change and a Charter change. <br />The review includes notation of some minor changes to be made in <br />form of the petition and explained that it should be submitted to <br />the Charter Commission since there is a proposal to change the <br />City Charter. <br />The proposed Conflict of Interest amendment was reviewed to <br />determine if it is legally sufficient and if it is something that <br />can be enforced in a court of law. Mr. Sullivan explained that <br />it was the opinion of his firm that the proposed amendment cannot <br />be legally enforced in a court of law. The proposed amendment is <br />to vague and to broad to be enforceable. There is no way for a <br />person on the City Council, a department head, staff member or <br />PAGE 8 <br />1 3 <br />