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Item No: 07A Meeting Date: December 14, 2009 Type of Business: PH & CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Adoption of the Five-Year Financial Plan Background At the request of the City, the Charter Commission has been discussing an amendment to Section 7.05 of the Mounds View City Charter pertaining to the Five-Year Financial Plan. As originally drafted, this Section required for the Five-Year Plan to be adopted by Ordinance. The Charter Commission has discussed the amendment at multiple meetings and a resolution was adopted proposing new language. The City Council considered the new language at their meeting on November 23, 2009, and while the first reading of the ordinance amending the Charter was approved, the City Attorney suggested a revision be made to eliminate the reference “adoption as if it were adopted by ordinance.” The Charter Commission considered the request at their meeting on December 9, 2009, approving a new resolution with language consistent with the City Attorney’s recommendation. Discussion The Mounds View City Charter presently requires that the Five-Year Financial Plan be adopted by ordinance. Because of the additional steps necessary to adopt an ordinance and because of the nature of the subject matter, the City asked that the Charter Commission revisit Section 7.05 to eliminate the “adoption by ordinance” requirement. The Charter Commission agreed, and adopted a resolution recommending new language via their Resolution 2009-05a on October 14, 2009. While the new language did not require adoption by ordinance, language remained which referenced as much, creating the potential for confusion. Believing that a subsequent tweak to the language would be favorably considered by the Charter Commission, the City Council approved the first reading of the Ordinance. The Charter Commission met on December 9, 2009 to consider new language which addressed the City’s concern while still satisfying the Charter Commission’s intent. The new language in Section 7.05 will now require that the Five-Year Financial be approved after holding a “noticed” public hearing. The approval mechanism (resolution, ordinance, voice vote, etc.) is left up to the discretion of the Council.