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<br />Kennedy 470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />& <br />Graven (612) 337-9300 telephone <br />(612) 337-9310 fax <br />http://www.kennedy-graven.com <br />sriggs@kennedy-graven.com <br />C H A R T E R E D <br /> <br />MEMORANDUM <br /> <br /> <br />DATE: June 8, 2006 <br /> <br />TO: Jonathan Thomas, Chair, Mounds View Charter Commission <br /> <br />FROM: Scott J. Riggs, Mounds View City Attorney <br /> <br />RE: Charter Amendments <br /> <br />Jonathan: <br /> <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 /> <br />1. Minnesota Statutes Section 410.20 applicability to Charter Sections 5.01, 5.05 and 5.07. <br /> <br />A possible footnote for Charter Sections 5.01, 5.05 and 5.07 would be as follows: <br /> <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 /> <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 /> <br />The following may work as standard language for the enacting clause of an ordinance: <br /> <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 /> <br />Please feel free to contact me with any further comments or questions. Thank you. <br /> <br />SJR:jms