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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />c) <br /> <br />d) <br /> <br />Commissioner Titterud suggested that the Long Term Plan be adopted by <br />resolution and if the people don't agree with the plan, they can <br />initiate an ordinance that would not allow Council to adopt the plan. <br /> <br />Cormnissioner Sieber replied that you cannot pass an ordinance to change <br />the intent of the charter; and in Commissioner Titterud's suggestion the <br />charter intent would be to adopt Long Term Plan by resolution. <br /> <br />Commissioner Titterud referred to an item on the punchlist -- what are <br />legal ramifications of amending an ordinance? <br /> <br />Commissioner Sieber replied that the City cannot be sued for amending an <br />ordinance unless the amendment causes damage to someone. <br /> <br />Commissioner Gamec stated that there are cases on file where cities have <br />been successfully sued by landholders because of changes made to city <br />development plan. <br /> <br />Commissioner Sieber suggested that a clause be added: 'This is a plan <br />and shall not be construed as binding on the city or it's residents.' <br /> <br />Commissioner Titterud stated that passing the Long Term Plan by ordinance <br />makes it binding. <br /> <br />Commissioner Bauerkemper replied that even a resolution would imply <br />intent and could be ~sed in court against the city. <br /> <br />Chairman Heitman suggested t~eating this section like 4.04; an advisory <br />election. <br /> <br />CO~issioner Sieber replied that the problem with an advisory election is <br />that the results are in no way binding. <br /> <br />Motion by Commissioner Bauerkemper and seconded by CommissiOner Lichter <br />that the charter will specify that the Long Term Plan be adopted by <br />ordinance. <br /> <br />Further Discussion: Commissioner Titterud stated that he would like <br />legal opinion on this matter. Commissioner Bauerkemper stated that <br />the Mounds View charter adopts Long Term Plans by ordinance and their <br />charter has been viewed by attorney, League of Minnesota Cities and the <br />Attorney General's office -- it is legal. Chairman Heitman replied that <br />adopting by ordinance is legal; it is a matter of philosophy whether or <br />not it is wise. <br /> <br />Motion failed. Voting Yes: Chairman Heitman, Commissioners Bauerkemper, <br />Lichter and Sieber. Voting No: Commissioners Gamec, Titterud and <br />Greenberg. Abstain: Commissioner Data. Absent: Commissioner Buchanan. <br /> <br />Section 7.06.01 - Commissioner Greenberg stated that City Accountant <br />recommends changing wording to 'estimated income and available resources' <br /> <br />Commission consensus is that at the end of the first sentence at the top <br />of page 7-4/3, change 'estimated income' to 'eStimated funds available' <br /> <br />Section 7.06.02 - Commissioner G~eenberg stated that the City Accountant <br />feels that requiring publishing of the budget two weeks prior to adoption <br />could lead to timing problems. <br /> <br />CC/December 8, 1983 <br />Page 6 of 8 <br /> <br /> <br />