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470 U.S.Bank Plaza <br /> • Kennedy 200 South Sixth Street <br /> Minneapolis MN 55402 <br /> (612)337-9300 telephone <br /> Graven (612)337-9310 fax <br /> blip://www.kennedy-graven.com <br /> sriggs@kennedy-graven.com <br /> CHARTERED <br /> MEMORANDUM <br /> DATE: June 8,2006 <br /> TO: Jonathan Thomas,Chair,Mounds View Charter Commission <br /> FROM: Scott J.Riggs,Mounds View City Attorney <br /> RE: Charter Amendments <br /> Jonathan: <br /> While I wanted to discuss this matter with you prior to forwarding,here are my initial attempts at <br /> drafting some language for the charter issues that we discussed earlier this week: <br /> 1. Minnesota Statutes Section 410.20 applicability to Charter Sections 5.01,5.05 and 5.07. <br /> A possible footnote for Charter Sections 5.01,5.05 and 5.07 would be as follows: <br /> Despite the language of Minnesota Statutes Section 410.20, upon which Charter <br /> Section 5.05 and Section 5.07 are based, Minnesota courts have limited the powers of <br /> initiative and referendum to ordinances which are legislative in character. In <br /> determining whether an ordinance is legislative and potentially subject to the initiative <br /> or referendum process, Minnesota courts have distinguished between legislative, <br /> administrative and quasi-judicial acts of a city. General legislative acts lay down some <br /> permanent and uniform rule of law, administrative acts relate to daily administration of <br /> municipal affairs, and quasi-judicial acts are the product of investigation, consideration <br /> and deliberate human judgment based upon evidentiary facts of some sort. <br /> 2. Standard language for the enacting clause of an ordinance that contemplates a"suspension"time <br /> period in the event of a referendum challenge. <br /> The following may work as standard language for the enacting clause of an ordinance: <br /> SECTION ??. This Ordinance becomes effective thirty (30) days after its <br /> publication in the official City newspaper, unless challenged by a petition for <br /> referendum pursuant to Chapter 5 of the City of Mounds View Charter, wherein the <br /> Ordinance shall take effect consistent with the requirements of Chapter 5 of the Charter. <br /> Please feel free to contact me with any further comments or questions. Thank you. <br /> 11) SJR:jms <br />