Chief
08-30-2007, 07:49 AM
JEFFREY MIZE, columbian staff writer
May 8, 2001; Page a1
Vancouver will seek a court ruling saying it lacks legal authority to follow through on referendum petitions seeking a public vote on the special events center. The city council voted unanimously Monday night to take the issue to Clark County Superior Court, a preemptive strike of sorts that could quash petitions filed with the city clerk last month.
"Quite honestly, we need an answer," Mayor Royce Pollard said. "We ought to ask Superior Court to make a judgment."
City officials will ask Clark County Auditor Greg Kimsey's office to verify the signatures and determine if there are enough valid ones to qualify for the ballot.
At the same time, City Attorney Ted Gathe will begin working on the legal paperwork for a court appearance. Gathe said he will request expedited court review and hopes to have a ruling in 30 to 60 days.
About 75 people, supporters and opponents, turned out to hear the council's discussion.
Petitioners say they submitted more than 5,080 signatures, roughly 2,000 more than referendum requirements outlined in the Vancouver City Charter.
But Gathe believes the council cannot move the issue onto the ballot, regardless of the number of valid signatures.
Gathe said his office has reviewed court rulings, some dating back almost 100 years.
When the state Legislature grants a power to a city, in this case the ability to create public facilities districts to build sports stadiums, arenas and similar projects, a city cannot turn around and delegate that authority to voters, he said.
"The research we have done on this subject tells us the council does not have authority to place this measure on the ballot," Gathe said.
One option the council did not discuss was an advisory vote on building the $59.1 million project.
One person, speaking during the "citizen communications" segment after the council's decision, suggested such a vote, but the council did not respond.
Larry Patella, one of the petitioners who organized the signature campaign, was pleased to see the council take the issue to court.
"I would like to applaud the council for their actions tonight," he said. "I think we are heading in the right direction."
The process has put council members in an uncomfortable political position: either following their attorney's advice or obeying referendum provisions in their charter.
"We find ourselves in a political pickle, so to speak, as to which way we move," Councilman Dan Tonkovich said.
Councilman Jack Burkman disagreed, saying this was purely a "legal issue."
"All we can do is fall to the law, read what it says, turn to an attorney, hope that it's really clear and if not, then the only choice we have is to seek clarity," Burkman said.
Councilman Jim Moeller said he doesn't support having a public vote, but the council should not ignore the political sentiment that allowed petitioners to gather 5,000 signatures in a short period.
In a broader sense, those who signed the petitions were saying "let us in," he said.
Moeller said the planning process for downtown redevelopment was conducted in a "top-down process."
"The general public, in my opinion, was not included in the visioning process on the front end," he said.
"We started out asking, 'Citizens, how do you like our plan?' when we should have been saying, 'What do you think our plan should be?'"
Burkman said he isn't sure people are so eager.
"It's very hard to involve people when it's a concept," Burkman said. "It's much easier to involve them when it's in their back yard."
The $59.1 million project would build a 6,500-seat events center and a convention center with 28,000 square feet of exhibition space.
An adjacent 174-room hotel would be privately financed and owned.
All three would be built on a four-block area immediately south of Esther Short Park.
May 8, 2001; Page a1
Vancouver will seek a court ruling saying it lacks legal authority to follow through on referendum petitions seeking a public vote on the special events center. The city council voted unanimously Monday night to take the issue to Clark County Superior Court, a preemptive strike of sorts that could quash petitions filed with the city clerk last month.
"Quite honestly, we need an answer," Mayor Royce Pollard said. "We ought to ask Superior Court to make a judgment."
City officials will ask Clark County Auditor Greg Kimsey's office to verify the signatures and determine if there are enough valid ones to qualify for the ballot.
At the same time, City Attorney Ted Gathe will begin working on the legal paperwork for a court appearance. Gathe said he will request expedited court review and hopes to have a ruling in 30 to 60 days.
About 75 people, supporters and opponents, turned out to hear the council's discussion.
Petitioners say they submitted more than 5,080 signatures, roughly 2,000 more than referendum requirements outlined in the Vancouver City Charter.
But Gathe believes the council cannot move the issue onto the ballot, regardless of the number of valid signatures.
Gathe said his office has reviewed court rulings, some dating back almost 100 years.
When the state Legislature grants a power to a city, in this case the ability to create public facilities districts to build sports stadiums, arenas and similar projects, a city cannot turn around and delegate that authority to voters, he said.
"The research we have done on this subject tells us the council does not have authority to place this measure on the ballot," Gathe said.
One option the council did not discuss was an advisory vote on building the $59.1 million project.
One person, speaking during the "citizen communications" segment after the council's decision, suggested such a vote, but the council did not respond.
Larry Patella, one of the petitioners who organized the signature campaign, was pleased to see the council take the issue to court.
"I would like to applaud the council for their actions tonight," he said. "I think we are heading in the right direction."
The process has put council members in an uncomfortable political position: either following their attorney's advice or obeying referendum provisions in their charter.
"We find ourselves in a political pickle, so to speak, as to which way we move," Councilman Dan Tonkovich said.
Councilman Jack Burkman disagreed, saying this was purely a "legal issue."
"All we can do is fall to the law, read what it says, turn to an attorney, hope that it's really clear and if not, then the only choice we have is to seek clarity," Burkman said.
Councilman Jim Moeller said he doesn't support having a public vote, but the council should not ignore the political sentiment that allowed petitioners to gather 5,000 signatures in a short period.
In a broader sense, those who signed the petitions were saying "let us in," he said.
Moeller said the planning process for downtown redevelopment was conducted in a "top-down process."
"The general public, in my opinion, was not included in the visioning process on the front end," he said.
"We started out asking, 'Citizens, how do you like our plan?' when we should have been saying, 'What do you think our plan should be?'"
Burkman said he isn't sure people are so eager.
"It's very hard to involve people when it's a concept," Burkman said. "It's much easier to involve them when it's in their back yard."
The $59.1 million project would build a 6,500-seat events center and a convention center with 28,000 square feet of exhibition space.
An adjacent 174-room hotel would be privately financed and owned.
All three would be built on a four-block area immediately south of Esther Short Park.