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. . . RESOLUTION NO. 5251 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION DETERMINING THE CORRECTED PETITION FOR INITIATIVE TO BE INSUFFICIENT WHEREAS, a petition proposing to adopt a resolution by initiative regarding the theater project ("Petition") had been submitted to the City Clerk-Administrator and detennined by the City Council to be insufficient on May 26, 1998 [Resolution No. 5240]; and WHEREAS, the Sponsoring Committee of the Petition has since acted in attempts to correct the Petition according to Charter Section 5.04 by submitting an additional 149 petitioning signatures verified as satisfactory by the Clerk-Administrator thereby totaling 882 approved signature and surpassing the required 859 signatures; and WHEREAS, the Sponsoring Committee has retained the wording of the original petition which were opined by the City Attorney to be reasons for considering the Petition to be invalid; and WHEREAS, the Clerk-Administrator has reported to the City Council in accordance with Charter Section 5.04 in the letter dated June 29, 1998 that the Sponsoring Committee had submitted the additional signatures; and WHEREAS, Charter Section 5.04 requires the City Council to again find the Petition to be sufficient or insufficient; and WHEREAS, the City Attorney has opined that a petition for initiative pursuant to Chapter 5 of the City Charter is not lawfully applicable to an initiative for a resolution, and that regardless of the language of such Charter provision, such initiative authority must be construed in hannony with and subject to the constitution and laws of the State of Minnesota; and WHEREAS, the Petition for initiative is for the adoption of a resolution, the City Council is under no obligation to place the initiative resolution on the ballot of either a special election or regular City election; and BE IT HEREBY RESOLVED that the Mounds View City Council detennines the corrected Petition for initiative to be insufficient based on the recommendation and legal advice of the City Attorney; and be it FURTHER RESOLVED that based on this finding of insufficiency of the Petition, the initiative for a resolution requested by the Petition Sponsoring Committee shall not be placed on either a special election or a regular City election. Adopted this 13th day ofJuly, 1998. ATTEST: @s'LY]' , Ch"los S. Whiting t City Clerk-Administrator (SEAL):