Agenda - Charter Commission - 01/12/1984

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c) d) Commissioner Titterud suggested that ~he Long Term Plan be adopted by resolution 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? 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.' 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~mmissioner 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. Motion failed. Voting Yes: Chairman Heitman, Commissioners Bauerkemper, Lichter and Sieber. Voting No: Commissioners Gamec, Titterud and Greenberg. Abstain: Commissioner Data. Absent: Commissioner Buchanan. Section 7.06.01 - Commissioner Greent~rg stated that City Accountant recommends changing wording to 'estim~ted income and available resources'. Commission consensus is that at the e~d of the first sentence at the top of page 7-4/3, change 'estLmated inco~e' to 'estimated funds available'. Section 7.06.02 - Commissi ~ner Greent~.:rg stated that the City Accountant feels that requiring publishing of th~: budget two weeks prior to adoption could lead to timing probl.~ms. CC/D~cember 8, L983 'age 6 of g