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Page 4 <br /> May 26, 1998 <br /> Mounds View City Council <br /> Mayor McCarty Aye <br /> Motion Carried(5-0) <br /> Mayor McCarty stated the second reading of Ordinance would be held June 8, 1998. <br /> C. Consideration of Resolution No. 5240,Determination of Sufficiency of Petition <br /> Concerning Anthony Properties Management Project. <br /> Administrator Whiting gave his report as follows: <br /> A petition had been submitted to the City regarding exiting on to County Road H2 and Long <br /> Lake Road next to the theater project. The petition was for a referendum per requirements of the <br /> Charter. Staff had reviewed two aspects of the petition. First,the number of signatures that were <br /> submitted on the petition. There were 733 valid signatures submitted; 859 are required by the <br /> Charter, being 15 percent of the electors in the 1996 presidential election. The second question <br /> was whether or not the wording of the petition was adequate. The City Attorney's opinion was <br /> requested in this regard. His finding was that the wording of the petition was insufficient. <br /> Staff's recommendation to the City Council is that the petition is insufficient at this time. The <br /> petitioners have been made aware of their right to challenge the validity of the petition's <br /> signatures. In reviewing the requirements of the Charter it appeared that the Councils action <br /> would be required to determine the sufficiency of the petition. The wording of the attached <br /> Resolution was done stating the insufficiency of the petition. <br /> City Attorney Long summarized the legal opinion for the Council as follows: <br /> The first part of the opinion, dated May 19, 1998, stated a Resolution that is administrative in <br /> nature, not a legislative act, is not the proper subject of an initiative. The petition was seeking to <br /> adopt by resolution, an administrative act of the City,to declare ingress and egress forbidden on <br /> or two streets within the City. That would not be the proper subject of an initiative, according to <br /> case law in Minnesota. <br /> The second part of the opinion stated that the exact text of the matter must be stated in the form <br /> of a resolution. <br /> MOTION/SECOND: Stigney to table Consideration of Resolution No. 5240, a Determination of <br /> Sufficiency of Petition Concerning the Anthony Properties Management Project,to give the <br /> petitioners a chance to resolve the matters of insufficiency. <br /> The motion failed due to lack of a second. <br />