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12-23-1999
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12-23-1999
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Mounds View City Council December 13, 1999 <br />Regular Meeting Page 31 <br />Council Member Stigney inquired if the comma after the word "Charter" was intended to be <br />deleted. <br />City Attorney stated that technically, the comma should remain in the ordinance, to indicate <br />"Except as otherwise provided in this Charterz by ordinance or state law,..." <br />City Attorney Long stated Ordinance Nos. 650 and 651 are the same issues, and relate to the case <br />file in Minnesota which states that resolutions are not the proper subject of referendum or <br />initiatives. He explained they are removing reference to resolutions in the initiative and <br />referendum sections of the Charter, to bring the Charter into compliance with the State Supreme <br />Court rulings on this matter. <br />City Attorney Long stated Ordinance 652 likely received the most discussion. He indicated that <br />Subdivisions 2, 3 and 4 of the Charter set term limits, and amended Section 4.02, Filing for <br />Office, which came as a result of the citizens' vote. He advised that subsequent to the citizens' <br />vote came the Supreme Court Ruling, striking down the authority of cities by City Council, <br />ordinance, or citizen petition, to adopt the term limit provision. He explained that this ordinance <br />would simply remove those three subdivisions, and restore the language of the Charter to its <br />original form, prior to the vote. <br />City Attorney Long stated the Charter Commission was concerned that if they were being asked <br />to vote to remove the term limit provision, they would somehow be voting against the citizen's <br />wishes. He explained this was an understandable concern, however, this is not an attempt to <br />thwart the people's wishes, but rather an attempt to bring the Charter into compliance with the <br />Supreme Court Ruling. <br />Council Member Marty inquired if these items should be referred to as ordinances or draft <br />ordinances. <br />City Attorney Long stated that they are drafts. He explained that most likely staff had seen the <br />draft ordinances, and inadvertently assumed this was the first reading, and assigned numbers to <br />them. He advised they are probably all draft ordinances, and the numbers could remain, for the <br />purpose of keeping track of them, or they could remove the numbers and see if they come back <br />to the Council in the same form. He stated that technically, the Charter Commission will review <br />these items, and if they refer them back to the Council with a recommendation, they will <br />probably be assigned ordinance numbers in chronological order. <br />Mayor Coughlin stated in keeping with the previous Council motion to grant the Charter <br />Commission time in January and February to discuss this matter, he would request the consent of <br />the Council to refer these items on to the Charter Commission, and allow them the opportunity to <br />comment, and then refer them back to the Council. <br />The Council agreed. <br />City Attorney Long stated staff would send a transmittal letter, and forward the draft ordinances <br />to the Charter Commission, and clarify that the Council is requesting them to utilize their <br />authority to consider these items and refer them back to the Council. He pointed out there was <br />
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