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T:irn AID . 17 <br /> Kenned 470 Pillsbury Center 5444 4,ri-No . q7_0103/ <br /> Y 200 South Sixth Street C <br /> Minneapolis MN 55402 4/ <br /> (612)337-9300 telephone <br /> &Graven (612)337-9310 fax <br /> e-mail:atrys@kennedy-graven.com <br /> CHARTERED <br /> ROBERT C. LONG <br /> Attorney at Law <br /> Direct Dial(612)337-9202 <br /> November 29, 1995 <br /> Paul Harrington <br /> Acting Clerk-Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112-1499 <br /> RE: Legal Opinion Regarding City Council Resolution No. 4843 Involving Use of Funds from <br /> Special Projects Fund and 4/5ths Vote Requirement Under Section 203.08 of the Mounds <br /> View City Code <br /> 0 Dear Paul: <br /> You have asked us to provide you with an opinion as to: (1) whether City Council Resolution <br /> No. 4883 adopted on November 13, 1995 amending the 1995 budget to transfer $41,558 from <br /> Special Projects Fund No. 590-3850 was a proper use of funds to fund a portion of the costs of <br /> the construction of the pedestrian bridge over Highway 10; and (2) whether a 4/5ths vote of the <br /> entire council under Section 203.08, subd. 5a of the Mounds View City Code (the "City Code") <br /> was required to adopt Resolution No. 4843. <br /> SUMMARY <br /> Based on the legal analysis set forth in this opinion, we conclude that (1) the $41,558 from <br /> Special Projects Fund No. 590-3850 could be appropriately spent for construction of the <br /> pedestrian bridge over Highway 10 because the bridge is a capital improvement project which <br /> has been included in the City's 1994 Long Term Financial Plan (in the projected five year capital <br /> expenses for the Parks Department for 1996) as required by Section 7.05 of the Mounds View <br /> City Charter (the "City Charter") and Section 203.08 subd. 3b of the City Code; and (2) a 4/5ths <br /> vote of the City Council to adopt a budget resolution such as Resolution No. 4843 set forth in <br /> Section 203.08 subd. 5 is invalid because it is in conflict with Section 3.04, subd. 1 and Section <br /> 7.08 of the City Charter. Therefore, only an affirmative vote of three members of the City <br /> Council was required to adopt Resolution No. 4843 amending the 1995 General Fund budget to <br /> 411 pay for the City's portion of the construction of the pedestrian bridge over Highway 10 by <br /> transferring funds from a number of accounts, including Special Projects Fund No. 590-3850, to <br /> Account No. 680. <br /> RCL97279 <br /> MU125-11 <br />