Minutes - Council - 08/12/1997 - Laserfiche WebLink

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seam metal as requested (as previously approved on September 9, 1996) and resolution of the access issues with Anoka County and MnDOT. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Zimmerman, Beahen and Beyer. Voting No: None. Case #5: Farber/City Drainage Agreement for Property Located at 6508 - 171st Lane NW City Attorney Goodrich reminded Council that at a recent meeting, they agreed to resolve Ms. Lori Farber's storm water drainage claim against the City by payment to her of $2,000, in addition to certain drainage corrections in an effort to direct storm water from her property. Ms. Farber's attorney prepared an agreement which is generally acceptable but for a couple of statements. He reported that he had conferred with Ms. Farber's attorney and they are in agreement that the verbiage can be worked out satisfactorily. Motion by Councilmember Haas Steffen and seconded by Councilmember Beyer to approve entering into an agreement regarding storm water runoff with Ms. Lori Farber for her property located at 6508 - 171st Lane NW, subject to approval of the legal terminology in the agreement by the City Attorney. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Haas Steffen, Beyer, Beahen and Zimmerman. Voting No: None. Case #6: Charter Amendment Petition Mayor Gamec stated that Council has to vote on sending this proposed amendment to the voters but he feels it is questionable if the language is actually constitutional. He noted that a special election costs between $5,000 and $10,000, plus there may be some money be expended after the election dealing with the legality of all of this. City Attorney Goodrich summarized the petitioning/election process and reported that the petition had been signed by the required amount of voters to cause an election. He informed Council that they are obligated to schedule an election unless the requested amendment is shown to be manifestly unconstitutional (obvious - unmistakable). Mr. Goodrich determined that the language is not manifestly unconstitutional, not withstanding that certain provisions may be ill- advised, may be contrary to the City's Comprehensive Plan, etc. At the very least, some of the language is confusing, if not ambiguous but it, in his opinion, did not rise to the level of being manifestly unconstitutional, therefore, Council is obligated to schedule an election. With receipt of the petition on June 24, the last date the election can be held is September 22. Mr. Goodrich explained that his primary concern with this proposed amendment is as it relates to specific plats that have already been approved. He added that zoning by Charter is extremely rare in the State of Minnesota. This takes away the review process by the Planning Commission and the elected officials, however, he still did not see it as manifestly unconstitutional. He did, however, offer that Council could reject his opinion and find this language manifestly unconstitutional. City Council/August 12, 1997 Page 7 of 14