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Case #4: Charter Commission Review of Charter Amendment Legal Opinion <br /> <br />- and- <br /> <br />Case #5: <br /> <br />Current Laws Restricting a City Council's Ability to Impose Sewer. <br />and Water <br /> <br />City Administrator Norman stated that, at the last meeting, Council received a legal <br />opinion from Charles L. LeFevere of Kennedy and Graven relating to Section 14.1.3, of <br />Ramsey's Charter, passed on August 15, 1995. The opinion concluded that this section <br />was not lawful based on the inconsistency of the section with the Municipal Land <br />Planning Act and with the legislative grant of power to adopt Charter provisions found in <br />Minnesota Statutes, Chapter 419. Mr. Norman noted that as part of this discussion, he <br />has had conversations with City Attorney Goodrich and he (Goodrich) concurs with Mr. <br />LeFevere's legal opinion regarding this section of the Charter. He pointed out that the <br />City's Charter Commission reviewed the legal opinion during a meeting held on June 15, <br />1998, and passed the following action: "We have received the legal opinion on Section <br />14.1 as provided by the law offices of Kennedy and Graven and have reviewed its <br />contents and conclusions. The Ramsey City Charter Commission finds that the legal <br />opinion offered by Charles L. LeFevere of Kennedy and Graven is a logical and <br />reasonable opinion. The Commission agrees that Section 14.1.3 is likely not lawful and <br />is inconsistent with the Municipal Land Planning Act and with the legislative grant of <br />power to adopt Charter provisions found in Minnesota Statutes, Chapter 410. <br /> <br />Councilmember Haas Steffen inquired what is expected of the City Council. <br /> <br />Attorney Goodrich responded that Council can just receive their opinion. He noted that <br />he has prepared an inventory of current laws on the books and city code provisions, etc. <br />which affect the City Council's authority with regard to sewer and water. He referred <br />Council to Case #5 which lists the relevant constitution/charter/ordinance provisions. <br /> <br />Terry Hendriksen, 15631 Ramsey Boulevard NW, Ramsey, suggested that the <br />background Council received from Mr. Norman is somewhat inaccurate and does not <br />paint the picture of what the attorney from Kennedy and Graven said. He stated that Mr. <br />Norman has selected three sentences from Mr. LeFevere's presentation and left out the <br />"howevers". In Mr. Hendriksen's opinion, the part that has been left out changes the <br />meaning of Mr. LeFevere's conclusion. He read a quote by Mr. LeFevere and suggested <br />that this changes the applicability of his opinion. Mr. Hendriksen stated that the outcome <br />of challenging 14.1.3 is uncertain and asked that discussion occur with all information <br />presented. <br /> <br />Mayor Gamec told Mr. Hendriksen that Council has discussed this issue with all <br />information presented. <br /> <br />City Council/June 23, 1998 <br /> Page 7 of 23 <br /> <br /> <br />