Minutes - Council - 12/19/2000 - Laserfiche WebLink

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states that elected officials cannot delegate the attthority on land use. He requested that the Council receive more information before moving forward. Councilmember Hendriksen replied that the Minnesota Supreme Court Decision in Denny vs. the City of Duluth stated that the citizens do have rights regarding land use. Some issues that are involved with the City were not covered in that case so different people will give different opinions. The Charter allows for a minimum of 15 days or as soon as permitted by law or a special election or advisory election to be held and that is what he is proposing. Councilmember Anderson stated that she thought the January 3''a date was wrong. She stated that her understanding of the Land Planning Act ban'ed both Charter Amendments and the people from deciding land use and leaving the decision to the elected officials. She suggested that they research the Land Planning Act to see if this action would be constitutional or legal. Councilmember Connolly replied that at what point do they finally say to the people that they reflect what people voted for. Councilmember Anderson replied that the results of the last election was that the residents want to see something different. Councihnember Hendriksen stated that the Kurak campaign literature referred to the same issues. The Land Planning Act has not been determined because the citizens' rights were upheld in the Duluth case. Councilmember Anderson replied that she would have brought the Charter and the letter of Kennedy and Graven regarding the issue, but there was no indication this was going to be placed on the agenda. City Administrator Norman stated that staff has concerns with trying to get an election together by January 3~d. He inquired if the resolution presented to the Council is a legal resolution. Councilmember Hendriksen replied that he believes the Council can pass the ordinance and conduct the special election. City Attorney Goodrich replied that this is neither initiative or referendum. The resolution would have the City adopting an ordinance which there is no provision to adopt the ordinance in this manner in the City Charter. In his opinion, this process would not produce a legally enforceable ordinance, but he had not been able to completely research the issue. The Charter clearly states how an ordinance can be adopted and this is not such a way. Councilmember Hendriksen replied that they are calling for a special election and a strong case can be made that this would be a binding ordinance or resolution and very clearly someone could choose to go to court to prevent the City from holding the election. Councilmember Anderson stated that the November 7th election would have been a more appropriate date to hold the election. Councilmember Connolly replied that the issues had not been addressed at that time. Councilmember Hendriksen replied that in November he anticipated that Councihnember Anderson would honor her commitment and support and enact the ordinance that a number of people put forward. Councilmember Anderson stated that this is not the way to handle this situation. Mayor Gamec inquired if voting in favor of this ordinance makes a person eligible for recall. City Attorney Goodrich replied no. Mayor Gamec stated that this is a very poor way to handle this issue; to try and stick something through to the citizens on January 3''d to only a few people is wrong. Councilmember Hendriksen stated that the City Attorney indicated that he did not think that this was the proper way to handle this ordinance, but he cannot state absolutely that this is not the way to do it. Councilmember Anderson stated that they should find out the right way to handle the situation before the City spends money on conducting a special election. The initiative fi'om the residents would make more sense, but there is still some question if that can be done because of the Land Planning Act. Motion by Councilmember Anderson, seconded by Mayor Gamec, to table action. City Council/December 19, 2000 Page 12 of 19