10-25-1999 CC - Laserfiche WebLink

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Mounds View City Council October 11, 1999 Regular Meeting Page 31 Mayor Coughlin asked the motioner and seconder if they would agree to an amendment of the sunset dates as stated. Council Members Quick and Marty agreed. Council Member Stigney noted there was also a Special Projects fund by which they were going to loan $200,000 to the golf course. He stated he was not aware what the total of that fund was, however, this is also a possible revenue source, rather than increasing the franchise fee without proper notification of the residents. Mayor Coughlin explained that the interest of this fund is presently utilized in entirety to perform chip seal and other road repairs. Council Member Marty stated the one year sunset period had come forward during a Work Session discussion of the issue. He explained the reason he had suggested one year increments was because he did not desire to saddle a future Council with a decision that this Council has made, as they have found to be the case in a number of situations. He noted Council Member Stigney had indicated, and he agreed with him, that each Council should have the right and ability to make their own decisions, if another Council is able to find a better solution, this one year sunset does not tie their hands. Council Member Stigney noted this fund was to be set up as a perpetual fund for street projects only, and would not be utilized for any other purpose. He asked the City Attorney if it was true that the City Council, on an enactment of three out of five Council Members, can change whatever they want to do in regard to an ordinance. City Attorney Riggs explained there are cities that have set up funds they agree to abide by, and there are means to craft language, which restrains the ability of any Council to amend the ordinance. Council Member Stigney inquired if there were means to draft the language to insure that future Council's would have to abide by whatever the present Council indicates. City Attorney Riggs stated if that is the agreeable language of Council, they would be able to set up funds that are restricted to that degree. Council Member Stigney inquired if a future Council would not have the ability to overturn that decision, for any reason. City Attorney Riggs advised he would not go so far as to indicate that, as the City Charter provides the citizens the ability to undo any ordinance. He explained he could not provide a 100 percent answer that this can never be undone, however, mechanisms can be put in place which would make it very onerous to do so. 3. Vote: Stigney, Thomason, Quick, Marty, Coughlin Ayes—4 Nays— 1 (Stigney) Motion carried.