Agenda Packets - 2005/08/22 - Laserfiche WebLink

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Mounds View City Council July 11, 2005 Regular Meeting Page 36 language in the Charter, which is where the courts would step in and say no this is an 1 administrative act and they are only doing this because there is language in the Charter that says 2 to do this. He stated that legislative items have to be far reaching, long standing and they have to 3 affect the citizens. He stated that the ordinance is enforceable against everyone and everyone has 4 to abide by it noting that the ordinance that they adopted tonight will be published next week and 5 once it is published and the deed occurs the ordinance no longer has any validity and doesn’t go 6 into the City code as a codified ordinance, it goes into the back as a land transfer. He stated that 7 there are a number of provisions in the Charter that are overruled by State law and offered to 8 review with Council at a work session. He stated that the process is valid and citizens have the 9 right to move forward with any type of petition noting that this is a difficult hurdle to deal with 10 because they usually don’t meet the standards. 11 12 Council Member Gunn asked if Council could direct Staff to write up the resolution for their 13 review. She stated that the Council is aware that this process is going to happen and suggested 14 that they let this part happen and they have the resolution if it is needed. 15 16 Council Member Flaherty stated that his is still very against trying to short-circuit the petition 17 adding that he would much prefer that this to go to referendum than to circumvent. He stated 18 that he wants to be sure that they know the guidelines. 19 20 Council Member Gunn agreed that it does need to go forward noting that City Attorney Riggs did 21 state that there is a probability that it won’t fly. 22 23 Council Member Thomas stated that it is premature at this point to set it up adding that there are 24 bigger questions that should be answered. She asked if Staff is going to require the entire 25 ordinance and is the ordinance Council just passed going to be part of the petition. She clarified 26 that the language of the petition must contain the ordinance. 27 28 Council Member Gunn asked if the City would have to pay for the entire ordinance to be placed 29 on the ballot and if so they need to start working on the process. 30 31 Council Member Thomas asked when the petition would have to be in and when is it appropriate 32 to ask if this is a legislative or administrative act. She stated that they need to get this 33 information from Staff and then move forward. 34 35 Council Member Stigney clarified that the committee that signs up for the petition must be 36 residents and should be included on each page of the petition. He asked who is allowed to go out 37 and obtain signatures. 38 39 City Attorney Riggs reviewed the petition requirements and confirmed that they have to be 40 citizens of Mounds View and registered to vote. He stated that they also have to sign an affidavit 41 certifying that those are the people that signed in front of them. He stated that this is clarified in 42 Section 5.02 of the City Charter. 43 44