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11-22-1999 CC
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11-22-1999 CC
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1/28/2025 4:51:10 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
11/22/1999
Supplemental fields
City Council Document Type
City Council Packets
Date
11/22/1999
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Mounds View City Council <br /> Regular Meeting November 15, 1999 <br /> Page 10 <br /> City Administrator Whiting explained they spent some time discussing the budget issues, and the <br /> actual costs that went into the current year's budget calculations for spending. He stated it was <br /> noted that most of this expense relates to the City's legal costs at this time, and is not necessarily <br /> directly attributable to the Charter Commission itself However, there was discussion that <br /> perhaps having some better understanding going into the year, in terms of the actual budget, with <br /> some dialogue with the Charter Commission may be beneficial. He explained this type of <br /> discussion has not occurred in the past, recognizing however, the Charter Commission became <br /> more active during the year, and not necessarily in time for the budget discussions. <br /> City Administrator Whiting stated City Attorney Long has drafted the four points the Council <br /> reviewed and forwarded to the Charter Commission. He requested City Attorney Long provide a <br /> review of these points for the Council, and a summary of the discussion at that meeting. <br /> City Attorney Long stated he thought the meeting with the Charter Commission was very good. <br /> He noted this meeting occurred on Veteran's Day, therefore the Commission could not vote or <br /> conduct any business transactions to provide a clear indication of their general consensus He <br /> indicated there appeared to be a sense that the City Attorney's office would return with some <br /> proposed language, however, he explained he is not the Charter Commission's attorney, and <br /> rather the City's attorney, therefore, the Council would have to authorize this. <br /> City Attorney Long commented there was some question as to who would pay for this legal <br /> work, and he had pointed out that if the Council authorizes him to provide the language, the City <br /> could pay for this. He stated on all of these points the assumption was, if the Council agreed, the <br /> City's legal staff would come back to the Charter Commission with some language. <br /> City Attorney Long stated one of the four points were raised pertains to Section 3.01 of the <br /> Charter which relates to Council Meetings, which indicates that special meetings can be called <br /> with a minimum of 24 hours notice. He explained this provision was entered into the City <br /> Charter before State Statutes were changed to indicate that a special meeting would have to have <br /> at least 3 days notice. He advised the Charter Commission that on occasion, this provision has <br /> been interpreted to indicate only 24 hours notice is required, however, State law now requires a <br /> three-day notice, and there was good clarification of this point. He stated there appeared to be <br /> consensus among the Commissioners in this regard. <br /> City Attorney Long stated the second point raised relates to the issue of initiative and referendum <br /> in the Charter, Chapter 5, which indicates that ordinances and resolutions may be the subject of <br /> referendum, and has always been in the City Charter. He stated it was pointed out to the Charter <br /> Commission that there is a series of State Supreme Court Cases which indicate that only <br /> ordinances are the proper subject of referendum and initiatives, and furthermore, only ordinances <br /> legislative in nature. He commented there was a good discussion regarding the meaning of this. <br /> City Attorney Long stated there have been cases in Mounds View where this has come forward. <br /> He explained there was some question with the Theater Project, in regard to whether or not a <br /> resolution could be the subject of initiative, and the City Attorney's Office took the position that <br /> it was not the proper subject, because of the case law. He stated there appeared to be some <br /> consensus among the Commission to clarify this within the Charter, to provide there is no <br /> misunderstanding by citizenry that although this language is in the Charter, it is in fact, <br /> unreliable. He added this was a legal interpretation, and is not meant to imply the Charter was <br />
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