Minutes - 1999/11/15 - Laserfiche WebLink

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