Agenda Packets - 2006/08/28 - Laserfiche WebLink

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Mounds View City Council July 24, 2006 Regular Meeting Page 15 Assistant to the City Administrator Crane stated that the City Attorney has provided his 1 comments to the Charter Commission and will meet with them to discuss the language 2 amendment to Chapter 7. She explained that attached are the attorney’s comments on the 3 proposed change to the Charter. 4 5 Assistant to the City Administrator Crane stated the Charter Commission has requested the 6 Council’s response within 30 days on any questions or clarification to any item as presented in 7 the modification of language. 8 9 Assistant to the City Administrator Crane stated that the City Attorney has indicated that while 10 the Council shall fix the form of the ballot question, the Charter Commission has the authority to 11 have the question on the ballot. 12 13 Assistant to the City Administrator Crane explained that the upcoming General Election would 14 obviously be the most cost-effective election to address this ballot question. She explained that a 15 special election, if it were necessary, would cost approximately $10,000. She state to make the 16 general election deadline, the question must be certified to the County by September 15th. She 17 stated that Staff recommends final action on the question be taken by the Council no later than 18 the August 28th regular meeting. 19 20 Councilmember Flaherty asked about the changes in language from the City Attorney. He asked 21 if the recommendations City Attorney Riggs made do not change the content or intent of 22 changing the Charter. Riggs stated that is correct. 23 24 City Attorney Riggs explained that he met with the Charter Commission last Thursday and the 25 Commission made a number of revisions and at the end of the meeting they agreed to the 26 language. 27 28 Councilmember Gunn stated she did not understand language in Subdivision Two B, which reads 29 “hold a public hearing upon at least 10 days posted and published notice in the City’s official 30 publication.” Councilmember Thomas stated it is not necessarily the normal grammatical. 31 Councilmember Gunn asked if it means notice must be given 10 days in advance. 32 33 Mr. Jonathan Thomas, 8040 Groveland Road, Chair of the Charter Commission, pointed out that 34 Mr. Riggs made the changes. Mr. Thomas stated that if the Council wants to direct Staff to make 35 changes, it is within the Council’s scope. He stated that the public hearing will be held, will be 36 posted 10-days prior, and will be published in the standard way the Charter has determined. He 37 stated the language is difficult and he believes that the intent has been captured, but it may be 38 able to be said more clearly. 39 40 Councilmember Gunn stated her problem is with the word “upon.” City Attorney Riggs stated 41 that there was no time frame for notice and that was the goal of the added language. 42 43 Councilmember Thomas clarified that the intent is to follow the ordinance procedure, but not 44 requiring other things that are required with ordinances. She stated this is not an ordinance, but 45