Agenda - Council - 01/09/2001 - Laserfiche WebLink

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Further discussion: City Attorney Goodrich noted that he had not had a chance to rewe~;ihe resolution that was presented to the Council for adoption. Mayor Gamec stated tha't.i'i~ '~a~i:::~:,~":' '" '~ absurd to hold an electron on January 3 w~th the holidays coming up. He stated,thai:~'ffte C~ty ........ ~r~.::~~ . ' has a legal b~nd~ng slmatmn m the coups whmh ~s pending and a State and ~!mtmn that states that elected officials cabot delegate the authofi~ on l~d use. He.,r~0Uested~t ~e Council receive more info~ation before moving-'fo~ard. Councflmemb~g.~Hendnksen'::~hed that the M~esota Supreme Cou~ Demsion in De~y vs. the City of'Dututh stated th~the~ citizens do have fights regarding l~d use. Some issues that are invo.l~ed with~¢e CiW were covered ~n that case so d~fferent people wilI ~ve different opiniofi~5~k~e Cha~er allows for a minimum of 15 days or as soon as petalled by law or a spec~:~l~tioh~:advisou election to be heir ~d that ~s what he ~s proposing. Councflmember ~d~son state,at she thought the Janu~ 3d date as wrong. She stated that her understan~ of the L~d Plying Act b~ed both Cheer ~endments ~d b~ed ~e people ffomAe~2{mg l~d us~,jeavmg the demsmn to the elected officmls. She suggested that they re~c~ge~L~d P~&~ct to see ff t~s would be constitutional or legal. Councdmember Co~~l~ed t~t at what pmnt do action they finally say to the people that they reflect what people vot~E~.Councilmmber¢~..~:~ ~derson rephed that the results of~e last election was that the residents w~t¢Io see something &ff~ent. Counmtmember Hendnksen stated the Kur~ cmpm~ hteramre re~6~ed same ~ssues. The Land Planning Act has not Duluth case. Councilmember letter of Kennedy and Graven be placed on the agenda. get an election together by January 3rd. legal resolution. Councilmember Hendri ordinance and conduct4he special initiative or resolution is no prow; adopt process produc. comp trch the is this election and very clearly ed because the citizens' upheld in the ;he would have Charter and the no this was going to concerns with trying to ,~,~.~ 'presented to the Council is a h&~[~eves the Council can pass the ~,~ ..... Goodrich rephed that thru is neither ~ve the City adopting an ordinance which there in the City Charter. In his opinion, this legally but he had 'not been able to The Charter states how an ordinance can be adopted and replied that they are calling for a special would be a binding ordinance or resolution and choose to go to court to prevent the City from holding the election. ~r~un~eit~ember stated that the November .7th election would have been a more ~~pro~e~Aate to hol~[~tSe~n. Councdmember Co=oily rephed that ~e ~ssues had not been addm~s~ at ~at time~;C0~ncilmember Hendnksen replied that in November he ~ticipated that Counc~l~ber ~rson would honor her co~iment ~d support ~d enact the · ~ ~' ~ . . . ordln~ce tha~::number~ people put fo~d. Councllmember ~derson stated that th~s ~s not ~b,~,~ ....... the way to h~ this situation. Mayor Gmec ~nqmred ~f voting m favor of ~s ordinance m~es a perso~S~iigible for recall. CiW Aaomey Goodrich replied no. Mayor Gmec stated that ~s is a v~f$oor way to handle this issue; to t~ ~d stick something t~ough to the citizens on X~.u~ ~only a few people is wrong. Councilmember Hendfiksen stated that the Ci, ~X~3~~icated that he did not ~i~ that ~is was the proeer way to h~dle this ordinance, but he ~state absolutely that ~lS xs not the way to do ~t. Councdmember ~derson stated that th~?~ould find out the fight way to h~dle the situation before the Ci~ spends money on -100- City Council/December 19, 2000 Page 12 of 19 ! I I ! I I I I I I