Agenda Packets - 2005/09/26 - Laserfiche WebLink

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Mounds View City Council August 22, 2005 Regular Meeting Page 39 have a Charter Commission appointed. He stated that petition resulted in creating the Charter 1 Commission under the guidance of then Judge Rolland Hashee who was Chief Judge at the time. 2 He stated that 15 people came forward and they worked hard, along with the League of 3 Minnesota Cities, and many others, and adopted the Charter on December 7, 1979. Since that 4 time, the Charter has served the City very well. He stated he understands, if challenged, perhaps 5 they wouldn’t win but that would only delay it until the zoning code change. 6 7 Mr. McCarty stated he disagrees with the City Attorney’s opinion that a Supreme Court decision 8 would have been preempted by a lower court or any case law. He stated his concern about the 9 matter of selling land as being an administrative action. He asked if the installation of utilities is 10 an administrative action, noting they probably are since they are not a police or legislative action. 11 He stated the Council can order a storm water project and the Charter says citizens have a right to 12 petition against it. For 30 years the Council has honored those petitions and it’s been to the 13 City’s advantage because it has brought them all to the table and a compromise was found. He 14 stated that regardless of the legal issues, the Charter gives them a point to jump off and find some 15 common ground. 16 17 Mr. McCarty stated if the Council wants to “gut the Charter,” this is the way to do it. He stated 18 the committee does not have money to fight this in court but he would lead a charge to raise the 19 money and go to court if denied the right to petition about an ordinance change. He stated he 20 thinks the Council, if they like a compromise position, has the option in the Charter to call an 21 advisory election. Then the question will be settled once and for all. 22 23 Mr. McCarty asked whether the 400 people contacted by Decision Resources are the leading 24 indicator, or were the 1,200 people contacted by the petition committee. He stated that will not 25 be known unless it is opened to a referendum vote. He stated that all Councilmembers said give 26 us your ideas and let us know what you think. With the community center, it was settled with the 27 advisory election. He asked for the opportunity to debate the facts and then go to the polls and 28 get it over with. 29 30 Dan Hall, 2200 Highway 10, stated he thinks that Mr. McCarty has confused the issues because 31 as Councilmember Gunn read the Charter it is clear, black and white. But, Mr. McCarty is 32 saying that if you now follow the Charter it wrecks the Charter. Mr. Hall stated he is sorry to 33 hear that the City Attorney, who is paid a tremendous amount of money, has been wrong all 34 along, that Ehlers who has been paid $40,000 by the City is wrong, and the Council is wrong. He 35 stated that the group against the selling of the golf course to Medtronic is so vehement that they 36 will stop at nothing. Mr. Hall stated the Council has done their job for the City, done extensive 37 study and research, followed the laws, and it is spelled out that you cannot form a petition against 38 it. In addition, the petition is not sufficient and still Mr. McCarty threatens to sue the City to get 39 enough money to block the PUD. 40 41 Mr. Hall stated this is not a conservative group looking out for what is best for City; they now 42 have a driven agenda. He stated he does not know what their goal is but they have spent money 43 to do it. He asked if they block Medtronic, what do they want, to bankrupt Mounds View. Mr. 44 Hall stated the Council has done their work and the majority has voted on everything in the right 45