07-13-1998 - Laserfiche WebLink

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Page 5 July 13, 1998 Mounds View City Council Dan Johnson, 7359 Park View Terrace, asked the City Attorney if it was not his (the City Attorney's} responsibility to advise the citizens, when requested, on matters concerning the City. He also suggested that the City and the citizens enter into a discussion with a referee or mediator to help resolve the issue. Long told Johnson that he is the legal council to the City Council and has no authority to advise the general population on items that concern the City. "It would not be appropriate for the City Attorney to draft petitions for residents that would be adverse to the City," he added. Long stated the petition would not be a good situation to get a mediator involved in because it would require interpretation of case law. If the City interpreted the laws incorrectly, without the blessing of a court, large monetary damages could result, he added. Mary Amarimotti, 8370 Eastwood, asked if there wasn't ..... "discretion within the City or administration policy as far as what additional wording or how the wording could be changed so • that it would meet adequacy in terms of how you want to characterize it and get it put on a ballot?" Long stated the problem is that the petition is stated in the form of a resolution. This fact has not changed since a finding was made that the petition was insufficient because it was stated in the form of a resolution, he stated. Long said any action taken at the evenings meeting would not prevent the citizens from taking another action in a different form. Stigney suggested tabling the action in order to give the City attorney and the citizens the time they need to form sound legal grounds for their actions. June Sitkova, 5260 Irondale Road, stated she remembered the developer saying he would be happy with just aright-in right-out access to the theater site off of Highway 10. "If this is the case, why is there even talk about legal action? The citizens are just trying to preserve their neighborhood not deny the theater project," she added. MOTION/SECOND: Stigney/ ------- to table action on Resolution 5251 for a period of 60 days to give legal council for both sides time to review the options. Motion failed due to lack of second. Stigney requested that the original motioner or seconder withdraw their motion. No withdrawal was considered.