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• The provisions contained in Charter Section 5.05 as to "initiative", and in Charter Section <br /> 5.07 as to "referendums" should, as in the case of Section 4.02, be brought consistent <br /> with case law covering these topics. As such, these two sections of the charter should be <br /> revised to be consistent with the correspondence previously provided by city attorney <br /> Long dated June 28, 1998,which noted that initiative and referendum provisions <br /> contained within the charter as to resolutions were not appropriate. <br /> • The present city code language as to approvals for zoning contained at Code Section <br /> , 1125.01, subd. 1(j), wherein a 4/5 vote is required for a zoning amendment, is not <br /> consistent with the provisions and requirements provided for ordinance adoption <br /> contained in Section 3.04 of the charter. The charter only requires an affirmative vote of <br /> three or more members of the council for the adoption of all ordinances, etc.,unless, <br /> otherwise provided within the charter. The super majority requirement contained in <br /> Section 1125.01, subd. 1(j) is not effective since it is not in compliance with the language <br /> of the charter. Furthermore, state law sets forth a two-thirds majority requirement for <br /> zoning amendments, and there would be some question whether or not a charter could <br /> impose different requirements. <br /> These four points address suggested changes or matters for consideration by the City Council and <br /> the Charter Commission. Please bring these points to the Charter Commission for their and your <br /> review. Recognizing the Charter Commission meets only once a month,please notify me and/or <br /> the City Council prior to October 21, 1999 of the Charter Commission's review of these points. <br /> The City Council can accept the Charter Commission's review at their October 25 Council <br /> meeting and if need be schedule their own further review at work sessions and council members <br /> there after. <br /> If you have any questions, feel free to call me at 612-717-4001. <br /> Sincerely,(ger - <br /> s <br /> • <br /> Chuck Whiting <br /> Mounds View Clerk Administrator <br />