Mounds View Charter Commission

Annual Report

Thursday, December 14, 2000

Honorable Lawrence Cohen, Chief Judge

Ramsey County District Court

600 Courthouse

Saint Paul MN 55102

Honorable Judge Cohen:

The Mounds View Charter Commission has had a very busy year with more issues than it has been able to adequately consider constantly on its agenda. Numerous items were requested by the Mounds View City Council for the Charter Commission to consider and to provide as amendments to the Charter. Three of them were submitted to, and approved by the Council unanimously, resulting in Ordinances 649, 650, and 651 (see attached copies) which have been incorporated into the current Charter. Seven other resolutions were submitted to the City but were denied or not acted on. There were several issues with the manner in which the Mounds View City Council chose to present two issues for consideration to the voters on the November 7, 2000 ballot by Ordinance numbers 661 and 662. This resulted in the Charter Commission voting to pursue possible injunctive relief.

The following Charter Commission members have either resigned or their terms have expired in the last year: Rob Marty, Diane Wuori, Mary Malrick, Richard Oman, William Werner Sr., Michael Grommesh, William Laube, Julie Ann Olsen, Kathleen MacRunnels and Rhonda Smieja. New appointments made by your Honor have been: Daniel Sach Le, Mary Amirahmadi, Bradley Jahnke, Ordeen Braathen, Duane McCarty, Michele Sandback, Gary C. Quick, Leonard B. Burgers, Robert E. Toberg and William P. Mori. Although just appointed on the November 22, 2000, I have been informed by Linda Cox, Deputy Clerk, Ramsey County District Court, that Gary C. Quick and Robert E. Toberg have already resigned. This leaves two vacancies at this time.

SUMMARY OF COMMISSION ACTIVITY October '99 through November '00

October 14, 1999

Reviewed letter from the City Council regarding suggestions for amendments to the Charter.

Responded in writing asking for clarification on specific issues. Chair, Julie Olsen was assigned the responsibility of retaining an attorney to provide legal council pertaining to the suggested amendments.

November 11, 1999

City Clerk-Administrator and City Attorney met with the Commission to discuss procedures available to amend the Charter and review the amendments under consideration.

January 13, 2000

Introduction of attorney R. Faricy, council retained by Chair J. Olsen. Resolutions 2000-01, 02, 03 and 04 approved and sent to the City Council for inclusion in the Charter. The Commission requested a written opinion from the City Attorney regarding Franchise Fees.

February 10, 2000

Continued review of proposed Charter amendments.

March 9, 2000

Charter Commission Bylaws amended in Resolution 2000-08 and unanimously approved.

May 11, 2000

Discussion of May 8, 2000 City Council meeting at which the City Attorney presented procedures by which the Charter could be amended to change the form of city government. Resolutions 2000-05, 06 and 07 were approved and sent to the City Council for inclusion in the Charter. Discussion regarding the fact that there had been no response from the City Council to Resolutions 2000-01, 02, 03 and 04 which were submitted Jan. 13, 2000.

May 31, 2000 Special Meeting

Resolution 2000-09 approved and sent to the City Council for inclusion in the Charter. The Commission approved a letter addressing Resolutions 2000-05, 06, 07 and 09 to the City Attorney.

July 13, 2000

A request for review of Ordinances 661 and 662 was received by the Commission from the City Council on June 22, 2000. The request was considered and decided by unanimous approval in Resolutions 2000-11 and 12 to apply for a 90 day extension to allow time for further review. The City Council requested reconsideration of Resolution 2000-04. Said Resolution was reconsidered and resubmitted to the Council without further amendments.

August 10, 2000

Continued discussion. No official business due to lack of quorum.

September 14, 2000

Application for 90 day extension to review Ordinances 661 and 662 was denied by the City Council. J. Thomas was requested to seek legal council from attorney R. Faricy and to take action regarding the possible violation by the City Council of State Statute 410.12 Subd 1.

October 12, 2000

Acting Chair B. Doty informed the Commission of a letter delivered to City Offices on September 18, 2000 advising them of the intent to proceed with legal action regarding Ordinances 661 and 662. J. Thomas reported that R. Faricy does not do litigation work any longer and since several other law firms indicated it would be at least $5,000.00 to$ 8,000.00, he would draft the paperwork ProSe.

November 9, 2000

Discussion regarding legal action taken involving court file No. C4009168 in which J.Olsen, B. Doty, J. Miller and J. Thomas requested the Court to enjoin the City from placing Ordinances 661 and 662 on the ballot November 7, 2000. Due to how late the case was filed, and other considerations, it was determined that it would be necessary to wait until after the election to proceed. Since both items on the ballot failed to pass, the decision was made to dismiss the case. Discussion regarding response from the City Attorney regarding Resolutions 2000-04, 05, 06, 07 and 09.

Election of Officers: Chair - Jonathan J. Thomas, Vice Chair - Williard Doty,

2nd Vice Chair - Roger Stigney, Secretary - Jean Miller

Respectfully submitted,

Jonathan J. Thomas

Chair, Mounds View Charter Commission

CC Kathleen Miller, Mounds View City Clerk-Administrator

enclosures