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'l <br /> I <br /> <br />CASE <br /> <br />CHARTER COMMISSION REVIEW OF CHARTER AMENDMENT <br />LEGAL OPINION <br /> By: James E. Norman, City Administrator <br /> <br />Background: <br /> <br />As Council is aware, the City received a legal opinion from Charles L. LeFevere of <br />Kennedy and Graven during the Council meeting of June 9, 1998. The legal opinion <br />concluded that Section 14.1.3, passed on August 15, 1995, was not lawful based on the <br />inconsistency of that section with the Municipal Land Planning Act and with the <br />legislative grant of power to adopt Charter provisions found in Minnesota Statutes, <br />Chapter 410. As part of this discussion, the City Administrator has discussed the matter <br />with the City Attorney and the City Attorney has stated that he concurs with Mr. <br />LeFevere's legal opinion regarding Section 14.1 of the City Charter. <br /> <br />The Ramsey Charter Commission reviewed the legal opinion during a meeting held on <br />June 15, 1998, and after their review passed the following action: <br /> <br />"We have received the legal opinion on Section 14.1 as provided by the <br />law offices of Kennedy and Graven and have reviewed its contents and <br />conclusions. The Ramsey City Charter Commission finds that the legal <br />opinion offered by Charles L. LeFevere of Kennedy and Graven is a <br />logical and reasonable opinion. The Commission agrees that Section <br />14.1.3 is likely not lawful and is inconsistent with the Municipal Land <br />Planning Act and with the legislative grant of power to adopt Charter <br />provisions found in Minnesota Statutes, Chapter 410. <br /> <br />Council Action: <br /> <br />Based upon discussion. <br /> <br />Reviewed by: <br /> <br />City Administrator <br />City Attorney <br /> <br />CC: 06/23/98 <br /> <br />jmt/Charter, doc <br /> <br /> <br />