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To: Charter Commission
From: Charlotte Forslund, Councilmember
August 22, 1979
These are my comments on the draft of the proposed of Mounds View,
submitted to me for review.Comments on chapters 1 - 6.
1. Where the title City Clerk appears, I feel should read-- Clerk-Administrator.
Sec. 2.01 Perhaps Plan A Statuatory City might also be used.
Sec. 2.06 Acting mayor should be a separate subd. I suggest the wording
from the statutes. I have difficultywith the word pleasure.
Sec. 2.08 Audit by a Certified Public Accountant. Isert Certified.
Sec. 3.04 & 3.10 I grouped these together.In Sec. 3.10 amendments or--repeals
require a 4/5 vote. Why, when not imposed in Sec. 3.04?
This may prove to be a stumbling block at sometime.
Sec. 3.09 Omit last line - I believe an ordinance should take effect
immediately unless otherwise specified. The first sentence states it
clearly and does take in time factor.
Sec. 3,11 Code books need to be revised and updated continuously. Not at least
once every two years.
Sec. 4.01 Last sentence -- What is the Commissions intent? If the intent is
to assume duties with the incumbents for a smooth transition, reference
is needed for officially taking. If the intent is the taking oath at
this 1st meeting, this would be chaotic.
*446 I question the word cooridinate. As per Webster, it means equal of
importance- of equal rank. I feel this is down-grading the
professionalism of the administrator position. I feel much of
Chapter 6 can be written the same as chapter 5 of our code book and
the state statuates.Because I was a petitioner for a city charter,
I feel I know what the intent of the Commission is, but I also
expect the Commission to write a charter that the city will beable
to live with and I can fully support.
I wish to commend the Charter Commission for their many hours of research,
meetings, effort and hard work put forth on this draft of the Charter of Mounds-
View.
You have accomplished much and this has been a great learning experience
for all of you, I am sure. I will be waiting to read the final charter you will
be submitting after you have taken into consideration all of the comments you 4/
expect to receive.
Sincerely,
Charlotte Forslund, ccm.
•
3049 . N E Bronson Drive
Minneapolis, Minn. , 55432
8/16/79
Dear Mrs. Isabella Wille:
. On behalf of the Charter Commission I would like to express app-
reciation to both you and the League of Women loters' Study Committee
for your interest.
Apart from what is recorded in our minutes we have not set to
paper the plans and purposes that you inquired about. Our present
intention is to attempt to finalize the Charter at our next meeting
which will be held on August 23rd of this month. I'm sorry that your
letter was delayed in reaching me, but still hope that you will be
able to meet with your membership before that date so that the League
may yet provide input to the Charter Commission.
Sincer
Bill Do5V, Chairman of the
Mounds View Charter Commission
cc. Alice Beckman
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I-lr. Stan Peskar; GeneralXounsel May 20, 1979
League of Minnesota Cities
300 Hanover Bldg. 480 Cedar St.
St. Paul, Minnesota 55101.
Ret Request by Gilbert City Council for amendment to City Charter.
Dear Stant •
A conflict with our City Charter and the State Statutes seems to have
surfaced during the May 1 meeting of the City Council; (Newspaper report of
the meeting enclosed).
The conflict seems to be with Section 7.11 of the Charter and Minn.
Statutes Chapter. 475.58; (Resolution 1n-79 Gilbert City Council enclosed).
Stan, the intent of the Charter Commissionwas to provide for a referendu.'
on major financial questions, however, during our meeting with you on Sept.
9, 1977 and your correspondence to us on September 14, 1977, (Page 8 enclosed),
you indicated that we may be excessively restrictive in Section 7.11, it
appears that you may have been right.
Would the language in Section 7.10 - City indebtedness, Charter Model
100 a.5, 1977 edition, be acceptable for insertion in Section 7.11 of our Charter?
Assuming that the City Council accepts the Charter Commission amendment, if
one is indeed submitted, could the Charter then be amended by ordinance without
a referendum?
We would appreciate your opinion and comments relative to the amendment request..
Sincprely,
Ben C. Verbick
Chairman, Charter Cornission
Box 503
Encl. - 3 Gilbert, Minnesota 55741
ir
J
a
1. " 107-79 1
5-1-79
•
Moved by Perpich, seconded by Gentilini the following resolution
be passed and also forwarded to the Charter Commission for review and
action.
RESOLUTION 10-79 • .
• A RESOLUTION DETERMINING TO ISSUE GENERAL OBLIGATION
WATER AND SEWER REVENUE. BONDS UNDER THE PROVISIONS
OF MINNESOTA STATUTES CHAPTERS 444 AND 475, DECLARING
A CONFLICT BETWEEN CERTAIN CHAPTER PROVISIONS AND .
DETER1INING TO ISSUE THE BONDS UNDER STATE LAW
RATHER THAN THE CITY CHARTER .
WHEREAS, Section 1.03 of the City Charter indicates that:
"It is the intention.of this charter to confer upon
the City every power which it -would have if it were
•
specifically mentioned. The charter shall be con-
strued liberally in favor of the City and the specific
mention of particular municipal powers in other sec- .
•
tions of this charter does not limit the powers of the
City to those mentioned.", and
.WHEREAS, the power to issue geM1zieralobligation revenue bonds is ..
not mentioned in the charter but under Minnesota Statutes, Section 444.075,
Subd. 1, state law states:
"The authority hereby granted shall .he in a.ddition to all other
• powers with reference to such facilities otherwise granted by
the laws of this state or by the charter of any such City.",.
• and
•
WHEREAS, statutory cities and home rule charter cities in this
state do have the authority under Minnesota Statutes, Chapters 444 and 475
to issue general obligation revenue bonds to construct or reconstruct sewer
and water facilities, and if .they pledge the net revenues of said systems
the bonds may be issued without an election, and .
WHEREAS; Section 7.11 of the new home rule charter contains the
•
following wording:
"No obligation shall be issued and sold without the approval
of the majority of the voters voting on the question at a gen-
eral or special election."
14, .1.1f f /
Page 8G h . y />.•.;. t `l�'...,f r ; t� l i..
Section 7.11 •
In the first line, there is a typographical error. 5.12 should be deleted and.
7.12 substituted.
The last sentence of this section is very restrictive. Though the city will still
be able to issue improvement bonds under Chapter 129, without an election, bonds
payable wholly from the proceeds of revenue producing conveniences and for most
X%/
sewer and water projects will be subject to approval by the electorate. I have
included some language which I have modified to provide a reverse referendum, which
would be a littlebit less stringent than the proposed language. However, I do not
really recommend the draft language I have submitted to you. I say this from tvo
standpoints. First, I think the concept is still unduly restrictive of the councils'
actions and thus it would be better to permit them to issue bonds by an extraordinary
majority, without a vote of the electors in these situations when the state law does
not require a vote of the electors. Furthermore, if you do provide for a reverse
referendum, the machinery for doing that is there within your referendum provision
of your charter. It could be expanded to permit referendums on bond issues though
this might further delay the issuance of bonds.
Section 7.12
•
1/ I recommend the language in the new model charter which permits anticipation of
state and federal aids as well as anticipation of the collection of local taxes.
Sections 8.01 and 8.02
•
/ These sections actually duplicate the powers that are conferred upon cities under
Minnesota Statutes 462.351 through 162.364.
Section 8.06
The last sentence of this section adds nothing to the provisions of state law.
Section 10.02
ie
%' Though the language of this section is still entirely appropriate, it should be
noted that private electric and gas utilities are now regulated by the Public Service
Commission under state law.
Section 11.01+
v Again this language is appropriate but it should be noted that under M.S. 157.13 -
dispo.>al of a municipally owned light plants require a two-thirds majority.
Section 12.O4
1/117112 auction will not have great legal affect however, I don't see holi it can do
any great harm either.
To: Charter Commission
From: Jeff Nelson, City Administrator
Subject: First three chapters of proposed Mounds View Charter
Date: August 1 , 1979
I have read the first three chapters of the proposed charter. I must
admit that I initially found several issues which caused me great concern.
I, therefore, requested and received information from the League
of Cities on Charters and Charter Commissions. It is that light which I
will comment on the proposed Charter.
First, I would like to state that I am not sure what the purpose of
the Charter is? From my discussion with the chairman and vice-chairman
of the commission, I was left with the impression that it was to prevent
the staff from dominating the Council . I am not sure that this is possible
through a Charter. Rather this is a matter of Council vigilance.
Because of the complexity of our society and the ever changing laws,
no part-time Council will be able to fully keep abreast of all the issues.
I realize that the Charter Commission is not attempting to adopt a strong
major form of government, but this document will not reduce the Council
dependence on professional staff either.
Furthermore, I gleaned from my discussion with Mr. Doty and Mr. Loeding
that, in their opinion, the previous administrator ran the Council . If
that was the case, then that preception was a Council problem of communications.
Again, no Charter will prevent that from reoccurring.
The only final comment, however, is that it is difficult to evaluate
this Charter in the absence of the goals set for the Charter.
Evaluation of the Charter:
Section 1 .01 - I believe better wording maybe:
Name and Boundaries. Upon the taking effect of this charter, the
City of Mounds View in the County of Ramsey and State of Minnesota
shall become a city under the name of the City of Mounds View, and
shall continue to be a municipal corporation with boundaries the same
as they now are established or as they may hereafter be established.
Although the, additional verbiage is suggested in the model charter of
1977, I believe this is unnecessary because the public information laws
already provide for this.
Section 1 .02 - Is the same as model
Section 1 .03 - Same as model
Page 2
Chapter 2
Section 2.01 - It is unclear whether a strong Mayor-Council or a
weak Mayor-Council plan is meant. I assume it is weak but should be stated.
My personal and professional opinion, however, is that you should strongly
consider the Council-Manager form/plan.
I suggest this because it is realistic, practical and is the general
condition. In the words of John Struat Mill (political philosopher) , "The
business of the elective body is not to do the work, but to see that it is
properly done, and that nothing necessary is left undone. "
The Council must establish policies and passes legislation in all the
varies plans. Beyond that staff/employees must carry out those policies
or ordinances. The Council , therefore, can only evaluate their performance
From a control standpoint the Manager should control the daily operation. There
really is no difference, in practice, than the relationship between a
corporation board of directors and company president than a Council-Manager
relationship.
Section 2.02 - Same as model
Section 2.03 - My only comment is you should consider a four year
mayorial term, particularly in light of 2.06 subdivision 2.
Section 2.04 - Generally same as model
Section 2.05 - Model language is better also are redundant on the
three month clause.
Section 2.06 - The Acting Mayor should be sub section.
2.06 subdivision 2 - Is not practical or workable because of part-time
nature of the position. Also the audit, chief
tool used, doesn't come out until late June.
Section 2.07 - Same as model
Section 2.08 —Should be modified to all certified public accountant.
Further, the CPA should be before State Auditor reference. I would suggest
dropping liaison language that should be a policy issue for the Council not
manditory by Charter.
Section 2.09 - I don't believe this should be eliminated; maybe substitute
Administrator for Manager.
Chapter 3
Generally as per model . Last sentence should be deleted. That is a
Chair/Mayor decision during a meeting or as part of Council rules for a meeting.
Page 3
Section 3.02 - I disagree, unless you are proposing to separate the
Administrator from the Clerk. It is not the intent of the model to incumber
the Administrator at a meeting to take minutes. Under MS 412 the City Clerk
has the responsibility, but does allow the possibility of a Recording Secretary.
Section 3.03 - Is model - however, how does the minority compel attendance?
Section 3.04 - It is model - now I am not sure this doesn't say - no
resolution, I am checking with the League on the issue.
Section 3.05 - Generally consistant with model . I believe the prosecution
language is to restrictive. It may defeat purpose of the emergency.
Section 3.07 - I am questioning the league on this issue.
Section 3.08 - My comment is that publishing ordinance are expensive and
are not generally read. The Legislature has considered only publishing a
summary. My recommendation would be to publish only a summary.
Section 3.09 - I would recommend that each ordinance state time they go
into effect. Thirty days is far to long after publication, particularly on
land use issues.
Section 3.10 - 4/5 repeal not required and is too restrictive.
Section 3.11 - I would suggest modify "general distribute" to "available".
The additions and deletions are an on-going process - delete "every two years".
,OF
CITY
OFFICE OF ADMINISTRATIVE ASSISTANT
a=1,. /
;., r a► n (1F 406 City Hall • Duluth, Minnesota 55802 Clarence Maddy
°�' .- ...•.may`
R*wmwmv DULUTH 218/723-3330 Administrative Assistant
November 7, 1979 f .
Mayor Dwayne McCarty f J
City of Mounds View
f
City Hall
2401 East Highway 10
New Brighton, Minnesota 55112 21 / y "• '+
Dear Mayor McCarty:
Last week Mayor Robert Beaudin told me he had received a telephone call from you
regarding provisions of our Duluth City Charter relating to the making of local
improvements. I understand from Mayor Beaudin that he indicated to you that we
have had generally good experience with this section of our Charter but that there
also have been times when provisions of the Charter have been restrictive of actions
that might have been taken by the Mayor and the City Council , where there was a
conflict between the perceived public interest and that of property owners proposed
to be assessed for a specific local improvement, Mayor Beaudin asked me to write
you this letter to further elaborate on the advantages and disadvantages of some
of the Charter provisions so that you may benefit from some of our experiences.
Even though you may have copies of our Charter, I am enclosing as a matter of
convenience, copies of Section 60 through 63 as these are the sections that deal
primarily with the procedural matters leading to a decision whether or not to make
an improvement.
Section 60 is the general grant of power to the City for making improvements , pay-
able in whole or in part by assessment of benefited properties, along with certain
limitations on the amount of assessments that may be levied against the benefiting
properties . The latter provide a basis for the Special Assessment Board, and
subsequently the City Council , to consider carefully the financial feasibility of
the proposed improvement.
Section 60(a) establishes a Special Assessment Board to conduct public hearings and
make recommendations to the- Council with respect to proposed improvements. This
has worked well for us and has lightened the load of the City Council considerably
with respect to hearings for improvements. While the Board does not in all cases
resolve differences between those favoring and those opposing the making of improve-
ments, it generally has been successful in seeing that those proposed to be
assessed are furnished with information about the proposed improvement and in
providing a mechanism through the hearing for property owners to input on matters
relating to design and methods of spreading the assessment prior to formal action
being taken. Also, the Board has to be careful about seeing that the limitations
on assessments in Section 60 are conformed to.
Section 6l (a) authorizes the Council by a vote of seven members (we have a nine-
member Council ) to order the construction of sidewalks or sewers which it deems
necessary for public convenience or safety, and cause the cost to be assessed to
specifically benefited properties. This has been useful at times when a public
sidewalk is deteriorated to the point of being dangerous or in a case of the need
An Equal Opportunity Employer
Mayor Dwayne McCarty
Page 2
November 7, 1979
to construct a public sewer, when private systems have ceased to function properly
and when affected property owners might have chosen to continue to permit the
partially treated effluent to flow into a creek or stream.
Section 61 (b) has been particularly useful to the city of Duluth in the construction
of collector and thoroughfare routes where Municipal State Aid money is available to
pay a substantial part of the cost. Specifically, when seventr'five per cent or
more of the cost of a proposed improvement, such as a Municipal State Aid route, is
to be paid for by a source other than assessment, the Council may by a 7/9ths vote
order that construction, notwithstanding the protests of abutting property owners.
I believe over the past several years our City Council has used this power carefully
and wisely. If the power to proceed in this way had not been available to the
Council , however, I am confident that we would have in Duluth a good deal more
discontinuity with respect to our system of collector and thoroughfare streets. In
other words , in some places it would have been possible for the property owners
within a block or two to block the establishment of a much needed neighborhood
collector street.
Section 62 deals with the vast majority of proposed improvements which are those
proposed sidewalk, street, sewer or utility extensions , when the cost of the improve-
ment is likely to be assessed one hundred per cent or rrearly one hundred per cent to
the owners of the immediately abutting or other benefiting properties , and for which
other property owners and citizens will usually not have a great concern, Consider-
ation of a proposed project is initiated by a petition of property owners or by a
resolution of intent adopted by the City Council by an affirmative vote of seven
members. However initiated, the next step is preparation of preliminary plans and
estimates and a proposed method of assessment for the project, This is presented at
a public hearing conducted by the Special Assessment Board to which all property
owners proposed to be assessed are invited. Our experiences in conducting these
hearings before the Special Assessment Board have indicated that this is a good
mechanism for property owners who may have not had previous knowledge of the
proposal to receive information and form an opinion regarding a proposed project.
Also, those who had formed an opinion "pro" or "con" about the proposed improvement
prior to the hearing, perhaps on limited or inaccurate information, oftentimes form
a new opinion as to whether or not they would like to see the improvement carried out.
For these reasons, the strength of the petition that initiated consideration of a
project has no further significance.
If, after the Special Assessment Board hearing and their recommendation to the
Council , the Council orders an improvement to be made, the ultimate disposition of
the proposal is still left up to the owners of the property proposed to be assessed
as set forth in Section 62(d) . While a relatively low percentage of property owners
may bring in a remonstrance petition (within the sixty-day period following Council
action) to stop the project, those who favor the making of the improvement do have an
opportunity (within thirty days of a qualifying remonstrance petition) to circulate
a further petition in favor of the project which would then prevail , if adequate under
Charter terms.
One problem with this procedure is that it is difficult to understand, particularly
with different percentages required on the petition, depending upon whether the
proposed project is a street improvement or some other improvement, Also, I am
unable to rationalize the need for a sixty per cent (why not only fifty per cent)
further petition in favor of a project when the project is other than a street
improvement.
Mayor Dwayne McCarty
Page 3,
November 7, 1979
I hope these comments are helpful to you in your further deliberations,
(C Yarnce E Madci(J
Administrative Assistant
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