HomeMy WebLinkAboutLetters and Memos 0°.No�j ! ST_9Tr yr MINNESOTA
DISTRIC'L' :,OIJR SECOND DISTPICT
4,175
•
RONALD E.HACH EY,JUDGE
1421 COURTHOUSE
ST.PAUL,MINNESOTA 55102
June 16, 1978
Mayor and Members of the '
City Council of Mounds View " 11'`��
2401 Highway 10 ' r\CL
Mounds View, Minnesota 55112 I
Ms. Delores Knaak
3515 Jerry Street
White Bear Lake, Minnesota 55110
Mr. Howard Neisen
5150 Irondale Road
Mounds View, Minnesota 55112
League of Women Voters of Minnesota
555 Wabasha
St. Paul, Minnesota 55101
County Commissioner Robert Orth
City and County Court House
St. Paul, Minnesota 55102
I have been presented a petition to appoint the membership of a
Charter Commission for the City of Mounds View, Minnesota. The
petition is brought pursuant to M.S.A. 410.05.
The number of registered voters casting ballots in the last gen-
eral election, in Mounds View, was 7,609. The required number
of voters ' signatures to petition for a Home Rule Charter Commis-
sion under M.S.A. 410.05, is ten percent of the total voters at
the last election, which in this case is 761. I have been pre-
sented with the petition signed by 889 individuals who are
shown as registered voters at the last election, November 2,
1976. All of said petitioners have been verified as having voted
at the last general election by Dorothy Sandgren, Deputy City
Clerk, Mounds View. I am of the opinion that the petition is in
all things proper and pursuant to Law.
I have also been presented with the names of 15 persons, who reside
in Mounds View, and who are willing to serve as members of the
Charter Commission. Each of the 15 has indicated a willingness
June 16, 1978
Page 2
to serve on the Commission, if appointed.
Before making appointments to the Charter Commission as provided
by statute, it would be my desire to publicize the fact that a
Commission will be appointed, and to give other interested persons
who reside in Mounds View the opportunity of indicating their will-
ingness to serve on a Charter Commission. I am, therefore, direct-
ing this communication to all of the above named, with an invitation
to publicize the fact that a Charter Commission will be appointed,
and that the Court will be interested in receiving additional names
of individuals who might be willing to serve. It is my intention
to appoint 15 members to the Charter Commission. Pursuant to
statute, eight will be appointed for two year terms and seven for
four year terms.
I shall give all interested organizations and individuals, until
July 31, 1978, the opportunity to communicate to me concerning
possible appointments among the registered voters of Mounds View.
Shortly thereafter I shall make the official appointments by letter,
having first been assured of the willingness to serve if appointed.
Very truly yours,
Ronald E. Hachey
Chief Judge
District Court
cc: St. Paul Dispatch
Sun Newspaper
District Court Judges
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Petition for Appointment of Charter Commission
', PETITION TO THE JUDGES OF THE DISTRICT
COURT FOR APPOINTMENT OF A HOME RULE
CHARTER COMMISSION FOR THE CITY OF
MOUNDS VIEW, MINNESOTA
To the Honorable Judges of the District Court For The Second
Judicial District:
In conjunction with the attached petition we respectfully
submit the following names of qualified residents, for the courts
consideration, to serve as charter commissioners.
1 . Duane W. McCarty 8060 Long Lake Rd. Mounds View Mn. 55432
,--2. Willard C. Doty 3049 Bronson Dr. rr rr rr rr
-3. Milan Illig 2809 County Rd. H ►� ri rr rr
—4. William Werner Sr. 2765 Sherwood Rd. "
Naja Werner 2765 Sherwood Rd. r, n It rr
..-6. David Coffey 2757 Hillview Rd. " " " 11
-7« Shirley Buntrock 8045 Greenwood Dr. " "
_4-8. Charlotte Forslund 7886 Sunnyside Rd. " If
"
._9. Lowell D. Nygaard 2214 Lambert Av. Mounds View Mn. 55112
10. Glenn E. Westerheim 2286 Bronson Dr. Mounds View Mn. 55112
--11 . Virgil D. Beyer 2748 County Rd. J Mounds View Mn. 55432
X12. John J. Curry 5391 Clifton Dr. Mounds View Mn. 55112
' 13. Robert Bartkus 7749 Woodlawn Dr. Mounds View Mn. 55432
—14. Ruth J. White 2917 County Rd. I If If II "
-15. Walter Skiba 7841 Long Lake Rd. " "
The aforementioned have given their consent to serve as charter
commissioners.
spectfully Submitted,
id., 7-Pte=0_,.azt
Duane W. McCarty -
8060 Long Lake Rd.
Mounds View Mn. 55432
Petition Chairman
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cc: City of Mounds View
Attorney Meyers
Jim Nagel , St Paul Dispatch
2562 Ridge Lane
Mounds View, Minnesota 55112
October 14th, 1978
Honorable Judge Hachey
Ramsey County District Court House
1421 Court House
St. Paul , Minnesota 55102
Dear Judge Hachey:
On October 11th, I spoke with you about my concern of the method of
selection for the Mounds View Home Rule Charter Commission. You indicated
a random selection of names from those submitted was used and that you
used a screening process, but did not elaborate. My concern since
Wednesday has been further intensified after learning that Mrs . Abbott,
Mrs. Roth, and Mr. Wills had no idea they were even being considered
as they had not submitted their names to you or to any other individual
in regard to the consideration for commission members. The first they
received this information was when they opened the letter from your office.
Obviously you and your staff saw no need to contact all of the persons for
interviews or verification before making your final determination as
neither Mrs. Ziebarth nor Mr. Notaro were not contacted by yourself or
staff either. (they were aware that their names had been submitted however)
Mr. Notaro to date has still only heard of his selection from the list
Mr. McCarty had at the October 10th Council meeting.
It seems that the selection of a Home Rule Charter Commission is a matter
for serious and careful examination considering that the process is
begun by only 10% of those voting at the last general election, but will
affect the entire population of 13,000 plus residents. Many of these
residents do not understand this complex change of government structure
and have been subjected to a multitude of theories, time lines, and
possible solutions.
It bothers me to think that appointments can be made without any prior
knowledge about individuals , their philosophy, concerns, and knowledge
of the charter process and I would hope and urge you to strongly to
consider this list again and should vacancies occur be more thorough in
your pre-investigation.
Sj.n_ erely, //��
Ju y Rowley f
Mounds View Councilmember
tOI
�• .fM MEMORANDUMt16111
TO: The Honorable John Pickar, Mayor of Mounds View
Members of the City Council, Mounds View
League of Women Voters
Appointees, Mounds View Charter Commission
Those persons who have written to the Court since the
appointment of the Charter Member Commission Members
#..-Citizens of the City of Mounds View
SUBJECT: Method of Selection of Members of Mounds View Charter Com-
mission
Minnesota Statutes 410. 05, et seq. , provide that a charter
commission shall be appointed upon presentation of a petition, signed
by at least ten percent of the voters of the City, as shown by the
return of the last regular city election, or upon resolution of the
governoring body of the City requesting such action. The District
Court, acting through its Chief Judge, shall appoint not less than
seven nor more than fifteen persons to the commission.
On or about the 10th of June, 1978 , a petition was presented
to the Court for appointment of a fifteen member charter commission
for the City of Mounds View. The petition purported to be signed by
more than ten percent of the voters, registered as voting in the last
general election. When the governing body or the petition specifies
the size of the commission, the Court shall appoint the number in the
resolution or petition, (M.S. 410. 05) . Upon receipt of the petition,
it was noted that the names contained therein, had not been properly
certified as registered voters at the last election. The Court sug-
gested that the list of voters be certified by the City Clerk of Mounds
View as to bonified residences and proper registration of each of those
registered or listed on the petition. The certification was promptly
attended to and returned to the Court.
For the benefit of the Mounds View citizens, the Court
proceeded to publicize the fact that the appointment of a Charter
Commission had been requested, and in all probability would be
appointed. The responsive interest among Mounds View citizens was
encouraging. Individuals wrote personal letters to the Court.
Some included a personal resume. Several were recommended by the
City Council of Mounds View. The matter was advertized to the
Board of County Commissioners and one member thereof recommended
several persons. One of the District Court Judges submitted the
names of two persons. In all , a total of more than 75 people were
recommended or had indicated a desire to serve. I concluded that
the matter had been adequately publicized.
The Chief Judge shall make the appointments, (M.S. 410. 05) .
The list of applicants however, was distributed among all members of the
District Court. Each Judge was requested to make recommendations for
appointment. It was unanimously agreed that personal interviews of
all applicants would not be possible. Attention was given to the
information furnished in writing, personal acquaintances, if any,
and recommendations of different organizations. Consideration was
also given to diverse occupations , past interest in civic endeavors
and programs, sex membership and locations of residences. It was
agreed that special consideration be given to the original petitioners,
fifteen in number. They had initiated the movement, went door to door
for signatures of registered voters and petitioned the Court to ap-
point the commission.
After due consideration the following were appointed as
Members of the Commission : seven of the original petitioners of
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fifteen, Milan Illig, Lowell Nygaard, William Werner, Sr. , Ruth J.
White, Willard C. Doty, Duane McCarty, and Walter Skiba; two who
had done extensive work with the Citizens Storm Sewer Advisory Task
Force as sub committee chairpersons, Blanche Abbott, and Cathy Roth; and
two who were recommended by the Mounds View City Council and County
Commissioner Orth, Dave Notaro and Carol Ziebarth. Two additional
persons at large were selected who had served as members of the
Citizens Storm Sewer Advisory Task Force, Richard Lykke and James
Wills. The remaining two were taken from the citizenry at large,
Curtis Schmidt and Neil Loeding.
In the Court' s opinion, all of the foregoing 15 appoint-
ees seemed well qualified and appear to be a cross section represent-
ative group of the citizenry of the City of Mounds View. The Court
is of the further opinion that the appointments were made pursuant
to law, _and, in all things , proper.
Since the initial appointment of the Members of the Charter
Commission, the Court has been made aware of political overtones among
appointees, Members of the Council and other individuals and groups
of individuals. This is not an uncommon experience in matters of this
import. I do not intend to sit in judgment on those issues as it
relates to my selection of Members of the Charter Commission.
I have received several letters since the appointment of the
Commission. Some commend me for the. manner in which the matter was .
handled and are pleased with the Members of the Commission. Others
are severely critical. Some have requested that I vacate the initial
order, and do it over again. I shall not comply with that request.
I respect the rights of individuals to criticize, but I must give the
-3-
matter finality. It will not be accomplished by vacating the init-
ial order and making new appointments . So far, not all appointees
have accepted. Possibly, the Court will be compelled to fill three
or four places at the end of the initial 30-day period. Again, I
shall not give consideration to politically inspired requests or
criticisms.
I remind those who are appointed to the Charter Commission
to direct their activities toward recommendations of a good govern-
ment system for the citizens of Mounds View. Their responsibility
shall not include the matter of running the City Council or Mounds
View, nor attempting to obstruct their endeavors in running the affairs
of the City. All recommendations of the Charter Commission must be
accepted or rejected by the voters of the City.
This memorandum is being mailed to all of those who have
communicated with the Court. Consequently, I shall not attempt to
individually answer each communication.
Ronald E. Hachey
Chief Judge
Second Judicial District
DATED: October Z>, 1978
•
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MEMO TO: City Council
FROM: City Administrator
DATE : October 10 , 1978
RE: Charter commission
I received a phone call today from Jim Nagel , St. Paul
Dispatch, indicating that he had received a letter dated
October 5 , 1978 , from Judge Hachey, Chief Judge of the
Second District Court of Minnesota, listing the names and
terms of appointees to the City of Mounds View Charter
Commission. The appointments are effective November 1 , 1978 .
Appointees have 30 days in which to take their oath of
office before the Clerk of Court, otherwise the Judge will
replace them. Seven citizens are appointed to four year
terms and eight citizens to two year terms as follows :
2 years 4 years
Milan Illig Willard Doty
Lowell Nygaard Neil Loeding
William Werner, Sr. Duane McCarty
Ruth White Walter Skiba
Dave Notaro Carol Ziebarth
Blanche Abbott Curtis Schmidt
Richard Lykke Cathy Roth
James Wells
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4��t� � � i �`' 9 Minneapolis, Minnesota 55432
tO ?� r�Q (.-- I October 11, 1978
Judge Ronald Hachey
Ramsey County District Court Office
1421 Court House
St. Paul, Minnesota 55102
Dear Judge Hachey:
I am sure you have spoken to many people about the appointments to
the Mounds View Charter Commission since it became general knowledge
October 10th at a Mounds View City Council meeting.
I am also sure you are aware of what precipitated the petition to
create a Charter Commission in Mounds View - if not, I want to reiterate
it briefly for you. It was in opposition to a storm sewer proposal. An
opposition group was organized and succeeded to defeat the $61 million
proposal with' a City Council's 3-2 vote. Still unsatisfied, the group
wanted a Recall option for the City to penalize the two who voted in favor
of the proposal and a Referandum to prevent,`in the future, the Coucil
having such authority to approve an unfavorable taxation or any other
unfavorable decision they did not like. The petition for a Charter was
birthedfrom such a narrow, tunnel line of vision - with no conception
of its complexities.
Fifteen people from this single minded group, plus more, submitted
their names for consideration to the Charter Commission - 13 of whom
were appointed. Some of these same people, when asked to submit their
names to you, the judge, for consideration, said they were told the selection
would be made in two weeks and that we could have a Charter ready for
the November election. (The petition just came to you this summer; doesn't
it seem unrealistic to you that anyone could draw up a complex Charter in
such a short time - does not that indicate to you that some of these
people were mislead and uninformed in the matter?)
We were assured of your impartiality and I fear, we did not lobby
hard enough to impress upon you the impact of the politics involved in
this Charter Commission for the City of Mounds View. We have gone from
a harmoniously run city of 13,000 to oneofchaos-in nine short months - - --
with accusations and falsehoods being thrown around with no thought or
facts to back them up.
A thorough investigation and an indepth discussion with each of the
applicants for the Mounds View Charter Commission was so needed. Then your
decision, based on your impartial observance of each of these individuals,
would have given us a Charter Commission everyone in Mounds View could have
lived with. My appeal to you would be to reconsider your list, re-examine
-2-
the applicants and give Hounds View a more representative Charter Commission
(if your previous selection is not irrevocable) .
Since I am making this appeal to you for the good of our community and
my name is one submitted to you for your consideration, I would request at
this time that my name be withdrawn since I do not wish to benefit from any
reconsideration.
Thank you.
Sincerely,
44411.7Z
47f4
Barbara A. Haake,
Chaiman, Hounds View
Planning Commission
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RAMSEY COUNTY,MINNESOTA
GATEWAY TO THE NORTH 2401 HIGHWAY 10
MOUNDS VIEW, MINN. 55112
784-3055
July 26 , 1978
Ronald E. Hachey
Chief Judge
District Court
STATE OF MINNESOTA
1421 Court House
St. Paul, MN 55102
Dear Judge Hachey:
The enclosed list of names has been received by the City Council
of Mounds View for your consideration for appointment to the Home
Rule Charter Commission. Some individuals enclosed resumes and
those have been submitted with this list.
The Council feels it is their responsibility to submit all the
names of those residents who have indicated a willingness to
serve, however we did feel our individual choices may give you
further assistance in the selection process. Please feel free
to contact any Councilmember for any additional information.
Sincerely,
CITY COUNCIL
CITY OF MOUNDS VIEW
John E. Pickar, Mayor 2299 Knoll Drive 784-1737
Donald Hodges 5086 Eastwood 784-6284
Roger Baumgartner 7585 Knollwood 784-3810
Judy Rowley 2562 Ridge Lane 784-8046
Gordon Ziebarth 5150 Bona Road 784-7506
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Jerry Blanchard
-p` 8005 Groveland 784-2206 X X X X
i. Phyllis Blanchard
8005 Groveland 784-2206 X X X X
. - Roger Baumgartner
7585 Knollwood 784-3810 X X X X
Carol Baumgartner
7585 Knollwood 784-3810 X
Fred Kaiser, Attorney
8275 Pleasant View 786-0695 X X
1 Tom Rowley
2562 Ridge Lane 784-8046 X X X
Richard Paradise
5091 Eastwood 786-4437 X X X X m
Barb Haake m
3024 County Road I 786-1022 X X X w
j. Jerry Linke
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2319 Knoll Drive . 786-4696 X X H
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Isabella Wille
7911 Spring Lake Road 784-5492 X X X X
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Dave Notaro
2749 Arden Ave. 786-0246 X X X
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John Pickar
2299 Knoll Drive 784-1737 X X X X
Paul Fedor 7
2288 Knoll Drive 786-6268 X X X X
Richard Schonhardt p
5170 Bona Road 786-5015 X X H
Bea Schonhardt
5170 Bona Road 786-5015 X r�
Doris Welty o
7841 Eastwood Dr 784-3660 X X X
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Lowell Uber
2625 Ridge Lane 784-6583 X X X X •
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Dennis Zylla
.1., 2634 Louisa 784-6894 X X X X
Delores Paradise
5091 Eastwood 786-4437 X
Carol Ziebarth
5150 Bona Road 784-7506 X X
Diane Neisen
5150 Irondale 784-4821 X
Howard Neisen
5150 Irondale 784-4821 X X