07-13-1998 - Laserfiche WebLink

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Page 4 July 13, 1998 Mounds View City Council In the case law Oakman v Evileth, 1925, and Hanson v City of Granite Falls, 1995, in both of these cases it is stated the powers of initiative and referendum apply to legislative acts which set down some uniform rule of law and not administrative of administerial acts, which Resolution 5251 falls under. The State Statutes in Minnesota, Section 410.20, provides cities with the authority to create city charters and also provides for the powers of initiative referendum recall. The language in that statute that authorizes charter cities to create charters and to create those powers only applies to ordinances. The City Attorney's opinion was restated as being: A resolution initiative would not be valid if put before the voters. This would subject the City to the accusation that they were misappropriating public funds. Quick added that the theater developers could in turn sue the City for breach of contract. Stigney pointed out that Mounds Views City Charter states that the law applies to both ordinances and resolutions. He added he didn't think the citizens of the City should have to force their own City to do something. Julie Olson, 2663 Lake Court Circle, requested that the City Council call for a special election for a referendum on the issue of allowing theater access on to the City's residential streets. Gunn stated that she had had citizens state to her that their names were on the petitions because of misrepresentation of facts. She asked if the names could be taken off of the petition once they have been submitted. Whiting stated the people should contact the City Clerk in this regard and their names would be removed from the petition. Attorney Long stated that the time to withdraw names from the petition had expired according to Section 5.02 of the City's Charter. David Janke suggested that the City's Charter be changed, remove the word resolution, to reflect the correct language. MOTION/SECOND: Quick/Gunn to approve Resolution 5251, Concerning Sufficiency of Corrected Petition for Initiative Regarding the Project Commonly Know as the Theater Project. Stigney requested that the City comply with the requests of the citizens to hold a special election • to determine whether or not the Theater Project's traffic would be allowed on residential streets.