Agenda Packets - 2005/07/25 - Laserfiche WebLink

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Mounds View City Council June 27, 2005 Regular Meeting Page 7 Duane McCarty, 8060 Long Lake Road, stated that he has a couple of questions with regards to 1 the sale of the land and the process used to convey the land to the EDA. He stated that his first 2 question is how much are they going to pay for the land and more importantly, does it fall within 3 the requirements of the City Charter. He expressed concerns stating that there has been an error 4 of judgment in the sense that the City Charter under ___________ does indeed preempt statutory 5 law unless statutory law has a not-withstanding clause that sets the Charter aside. He noted that 6 this has been very clear to him for very many years stating that they are currently waiting to see if 7 the City Attorney agrees with this or not. He expressed concerns stating that if they pass this 8 ordinance now and he is right the Council would be in trouble but, if they pass the ordinance now 9 and the City Attorney is right they would be Ok except for the amount of money the EDA would 10 have to give the City for the land under the Charter when they dispose of it as a City Council. 11 12 City Administrator Ulrich clarified that this is the first reading of the ordinance noting that it 13 would have to come back for a second reading and final hearing. He noted that it is their hope 14 that the City Attorney would have the research done at that time and all questions could be 15 answered and the item could be acted on or delayed if appropriate. 16 17 Council Member Thomas stated that it is difficult to raise this issue now, as far as their legal 18 precedent, when this is actually how they have been set up to legally interact with the EDA since 19 the EDA was instituted. She stated that she has full confidence with the City Attorney’s 20 statements and that he would come back with the documentation on the Statute. She stated that 21 she also has full confidence in how it was set up and it is in full legal standing noting that she has 22 no issues with this. She clarified that her issues are with the timing and appearance, not anything 23 to do with process. 24 25 Mayor Marty noted that it states in the Ordinance under Section 1, Appendix D of the Mounds 26 View Municipal Code, entitled Special Ordinances that it is hereby amended to include reference 27 to the following Ordinance 760 and asked if this is a special ordinance. 28 29 City Attorney Riggs clarified that technically it is an uncodified ordinance and the city keeps 30 track of it in City Code, Section D. He stated that it does not go in anywhere else in the code 31 noting that it is specific only to that parcel and that is why it is in this section so that the city has 32 some form of record keeping showing that it was adopted. 33 34 Barbara Haake asked for clarification of the dates and the 30-day timeframe they have for 35 submitting signatures to request a petition of referendum. 36 37 City Attorney Riggs explained the process noting that the logic would appear to be the 30-days 38 after it is adopted. He explained that once it is published it takes 30-days to be effective noting 39 that this would be the window of time for the petition to come in and be considered valid. 40 41 Barbara Haake further clarified that the adoption would be effective the fourth Monday in July. 42 43 City Administrator Ulrich clarified that the final public hearing is scheduled for July 11, 2005 44 and if the ordinance is approved at that time it would have to be published. He stated that this 45