Minutes - Council - 04/09/1996 - Laserfiche WebLink

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Again this receiving should not be confused with duties that the duly empowered clerk- administrator instructs her to perform on his behalf. {put up 410.12 subd la and 2} He also maintains that you have to follow Chapter 410.12 because of {}410.12. subd la. but he is not instructing the petitioners to follow these steps exactly nor is he following them. There is no ambiguity in this section if you do not try initiative, which is not enabled here. {put up 5.1 then 5.5-5.6 then 1.3} ,~)E¢~ If they wish to put the petition directly on the ballot as per Ramsey Chart apter 5, then they must present a petition of 10 percent of the 8663 registered voter.s/to the city council/clerk-administrator. This is not the issue, they know they don't comply here. The Ramsey Residents for Responsible Government, feel they have found a loophole in the Ramsey City Charter, by incorporating statute provisions to suit their intentions and are going to continue to proceed with similar activities unless you declare that loophole closed. The facts indicate that they intended to put the amendment on the city charter as presented without any modification, as was allowed the last time. The procedure allowed last time does not bind the council to follow is again, that was done on a good faith recommendation by the city attorney. I don't believe that with the information presented here tonight that you can declare that the city council can uphold the opinion that the city attorney gave on March 26, 1996. The council should either;., rule in favor of the Ramsey Charter Chapter 5, and instruct them to get the needed extra signatures, as they have only 1/2 of what is needed and they know this .... Or uphold Minn. Stat. Chapter 410 literally and instruct them to submit the petition to the charter commission for their approval just as the city council is required to, and when the charter commission transmits it to the city council/clerk-administrator, the clock will start to determine if a special election is necessary. If they don't like these decision choices, let them go to district court and get it overturned legally. This situation begs to be resolved by the courts, or this group is going to persist in dictating to this city council and all duly elected officials who follow you. This city does not need a non-elected government. What is the worst that can happen to the city if the city is taken to district court and }either of these positions is not upheld ? THE CITY LOOSES ! If you don't take any action, because of the ruling on March 26, 1996,_you have already lost, as you have been advised by the city attorney to schedule a special election. I do not pretend to represent the other 8200 some registered voters who may not know anything about this yet, but I would like you to consider tlc. mn tonight as they are the other 95 % of the city who elected you. I personally favor spending the $ 5000.00 or so dollars on defending the Charter in Court. In the very extreme, you could just pass the proposed amendment as it has been presented, and then I will bring a petition against your action, exactly as described in Chapter 410 of statutes, and that will put it on a referendum to overturn you in November, and that will save the cost of the special election. It will not stop this group from proceeding as they please ! And in closing I would also like to state for the record that support from any legal professionals who agree with the position I have stated would be welcomed and appreciated.