Agenda - Parks and Recreation Commission - 12/15/1983

Home

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