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HomeMy WebLinkAboutMisc Docs Annual Report Mission Statements City of Mounds View Charter Commission Annual Report Page l of 2 Mounds October 10, 2002 0 View Honorable J Thomas Mott, Chief Judge Ramsey County District Court Charter Commission 1010 Courthouse 15 W Kellogg Blvd Chair g Saint Paul, MN 55102 Jonathan J Thomas 763.784-5205 MIv Honorable Judge Mott: Vice Chair 6 Bill Doty SUMMARY OF COMMISSION ACTIVITY: December '01 through September '02 763-786-3421 December 13, 2001 2nd Vice Chair Meeting cancelled due to lack of quorum. Roger Stigney 763.786-3156 January 10, 2002 Secretary 1 Letter and explanatory attachment for Charter Chapter 6.02 Sub.3, Heads Jean Miller of Departments reporting, was approved and forwarded to the Mayor and 763-786-3959 City Council. Discussion continued on Chapter 7, Systems of Taxation, and Mary Amirahmadi ' the Mission Statement. 763-786-3477 February 7, 2002 Brian Amundsen Discussions continued on Charter Chapter 3.07, Signing and Publication of -5699 Ordinances; Chapter 7, Systems of Taxation; and Mission Statement. Da iel Freimuth Approved forwarding names of those who had missed four consecutive 763-780-3371 meetings to the judge for removal as per our by-laws. Bradley Jahnke March 14, 2002 763-780-4900 Meeting adjourned due to lack of quorum. Daniel Sach Le 763-783-5943 .. April 11, 2002 A draft of a proposed resolution regarding Charter Chapter 3.07 was Sharon L Linke presented and discussed. Reviewed and discussed Charter Commission 763-786-4696 By-Laws and the need for amendments. Mission statement was adopted. Dana Ray Mandoza 763-784-8942 May 9, 2002 Meeting was called to order then, due to a member leaving ill, had to be Duane McCarty adjourned due to a lack of quorum. 763-784-6074 William Mori June 13, 2002 763-784-3645 Approved Resolution 2002-01, a recommendation to amend Charter Chapter 3.07 Signing and Publication of Ordinances, and forwarded it on to Michele Sandback the Mayor and City Council, (This was later approved by the council 763-783-1770 unanimously and adopted by ordinance). Approved Resolution 2002-02, Charter Commission Mission Statement. Approved Resolution 2002-03, a W' ' Werner Sr Ar meeting schedule for the next 6 months. 3603 Mounds View Charter Commission Annual Report Page 2 of 2 • July 11, 2002 Approved Resolution 2002-04, amending the Charter Commission By-Laws. August 8, 2002 No business could be conducted due to a lack of quorum. A member of the public questioned whether the Charter addresses a citizen's ability to address the City Council at a work session. Eric Willette, Policy Research Manager, LMNC, did a very nice presentation on various aspects of taxation in relation to Charter Chapter 7 discussions. September 12, 2002 Approved Charter Commission By-Laws as amended. Members agreed to hold a candidates' forum inviting the candidates for local City Council / Mayoral positions at the October 10th meeting. Respectful) submitted, M. %/ Jonathan J Thomas Jean Miller Chair, Mounds View Charter Commission Secretary, Mounds View Charter Commission CC Kathleen Miller, Mounds View City Clerk-Administrator • Our mission: We gte Charter Commission of the City of Num& view City do commit ourselves to maintain the (Home Q?ule Charter 6y: Troviding a forum for the fair and impartial review of all issues determined by examination or brought to our attention 6y the citizens A9und view. Tromoting and upholding the integrity and independence of the J unds (Oiew City Charter while maintianing consistency and conformance with the Ainnesota State Constitution and relevent Statutes. Apdeffing a commitment to a collaborative style of leadership and decision making, to maintain a City Government of and by the people o f A(ounds view to serve our present and future needs, and to permit the people of this City to make changes in our own government. submitted as a starting rough draft by Jonathan 3 @Tomas 2/7/2002 S IP February 2, 2002 To: Mounds View Charter Commission: From: Duane McCarty � e_ a.C.at ' My suggestions for possible inclusion in framing a mission statement. Shall work as a body to protect and long the Amid /View CityiCharter: (...'Prudence, indeed will dictate that Covernmento long eotabli,hed ahouid not be changed/or light and tranoient cauaea'1.. homas Jefferson June 1776 Provide comprehensive reports to the public on Charter Commission business pat least onceppeach quarter at a regularly/ scheduledpp /meeting (the obiectiae o/a quarterly report lo to in/orm the puh/ic, at a regularly ochedu/ed commiooion meeting,on the otatuo a/all charter bueinejo both pending and in progreeb.) Alterations to the City Charter by amendments thereto will be guided in strict compliance with the charter andstate law: (P ropooa/ to amend the City Charter will be recorded both in.,ammary and complete Arm.Arm.Jet/orth pin language to he readily understood b y the lay peroon and,hailpprovide descriptive supporting documentation ao to the neceooity/or ouch amendmento.) To promote public awarenessppof citizen righpts preserved/ in the City Charter: (Jill meeting.,o/the commiooion and its committeeoeoshall be publipc,, and any citizen ohall have acceoo to the minuted and record,o/the commission at al repasonable tim�.o. S 7he Charter Commiooipon C�hairperoon ohiall preoent a oQummarized report on Compmiosion activiitieo in peroon to thie City Council at leaot quarterly. d)uring any o/ltd public meetingo, the commiooion ohaCl not prohibit, but may place reaoonable reotrictiono upon citizen d comment.,and queotiona) This Commission will provide comprehensive information regardingpcharter fundamentalsppupon demand. i—y virtue o/oigni/icantpugb/c dutieo, Charter/�� ppCommiooionero are reoponoible/or acquiring hnow/ea/yepah/e commando/charter law and the opirit and intento o/the Mound, View J�tome Mule Charter. each oeated commiooioner,Host by reoponoibility to their oath o/o//ce be prepared with a comprehenoive theoio on the City Charter regarding charter amendment proceedingo be/ore the commiooion) To: Charter Commission Members 111 From: Jean Miller Re: Charter Commission Mission Statement These are some items I believe we should consider as we prepare our own mission statement . Our commission by-laws in Article I , Section 2 Purpose states : "The purpose of the Commission is to serve as custodians of the Mounds View City Charter in accordance with state laws , these by-laws and rules of the Charter Commission" Question: Would we rewrite this section when we have developed a mission statement? I went through the 1999 "Handbook for Minnesota Cities" -the 8th edition, prepared by the League of Minnesota Cities and wrote some items that pertain. "The commissiors function is to continue to study the local charter and government . " " . . . the commission must meet to consider any proposals set forth in petitions or resolutions presented by at least 10% of the number of voters at the last municipal election, or by a resolution of a majority of the city council . " " . . .the commission may submit new charters or amendments to the old charter, whenever it sees fit . " "The charter commission is like a standing constitutional convention. " "If the city ' s charter does not work or proves to be faulty in operation, it is the commission ' s duty to propose improvements. " "A city charter should deal only with the fundamentals of the governmental organization of the city. . . " "The general rule is that when a charter provision is inconflict with the state statutes , the statutory prevails and the charter provision is ineffective to the extent it conflicts with the state policy. " I believe we should come up with a' statement that is short and concise. 0 The Charter is a lawfully documented form of guidance to ensure a balance of powers between the City's government and its citizens. The Charter is a living document and therefore needs to be preserved, improved and strengthened time-to-time by the people. The Mounds View Charter Commission is composed of 15 duly appointed resident volunteers who,in partnership with the city council,are endeared with the responsibility to preserve,improve and strengthen our city's Charter. It is our joint duty to preserve the voter-approved document(with supporting documentation when possible), as well as to improve and strengthen this document with regards to enlightenment of obvious, as well as,citizen and/or Council observed"loopholes"or discrepancies caused by circumstances that may arise over time. ki(114/6 S 02- 07— 0 1111 • 1. Purpose & Responsibilities - To preserve the charter - Assist the City Council in adapting the charter to meet the changing needs of the citizens of Mounds View - Insure that the charter is in conformance with state laws, guidelines & directives 2. Guide - Provide a platform for commission members and citizens of Mounds View to bring forward issues, obtain clarification and input ideas on charter-related matters 3. Measurement - Conduct our proceedings in a responsible and considerate manner - Represent the best interests of all citizens of Mounds View sa o aroa i(/7 r 470 Prllcbury Center Kennedy 200 South Srrth Street & Mrnncapolts MN 55402 ., (612) i17-9;00 rctcpbonc • (Cj1 aven (612)337-9311)fax u n a t et g p hrtp//uwwitcnncdy-gtaven.wrn Scorr J.RIGGS Attorney at Law O rcct Dial(612)337.4260 Etna+1: criegga kcnnce1y-Sravcn coin February 7. 2002 Jonathan I.Thomas, Chair Mounds View Charter Commission 2401 Highway 10 Mounds View, MN 55112 RE: Various City of Mounds View Chatter Issues Dear Jonathan: The following arc my observations., comments and suggestions regarding the Mounds View City Charter and Mounds View Chatter Cornrnission issues for which you have requested my review. 410 The information is based upon my initial review of Minnesota case law- statutes, opinions of the Minnesota attorney general, discussions with various attorneys that work with city charters and charter commissions, as well as our conversations regarding these matters. The observations, comments and suggestions arc provided as an i+mi.tiol_s..ticn in assisting the Charter Commission and the City of Mounds View in a review of the Mounds View Charter and any further action the Commissioners or City may desire to pursue_ I will also be forwarding a copy of this correspondence to the City Clerk/Administrator for discussion and comment from the Mounds Vicw City Council. Section 10 of the Charter and Section 11 of the Charter. I have made an initial review of both of these chapters, as well as a review of how other city charters and charter commissions have addressed provisions such as these, which are largely supplanted by state statute. Prior to suggesting specific language for each of these chapters, I recommend a detailed review and comparison of these chapters to state statutes to determine if any elements of these chapters should be retained. I am aware of another charter commission that has conducted such and exercise and found it rather enlightening as to potential revisions. While I could provide sample language from some of the charters I have reviewed, I do not believe this would provide you with the most useful information regarding these issues. Please let me know how you would like to proceed regarding these two chapters. 10 SJR-209R54"1 ML1210-4 989-d 170/Z0'd 069-1 01E6/0E+ N3069 V 443NN3N-Woad 1E:11 ZO-10-ZO 10 Jonathan Thomas l;cbruary 7, 2002 Page 2 Section 5.08 of the Charter—Recall. As you may recall, Sections 5.05 and 5.07 of the Charter were recently revised by ordinance to make these Charter provisions consistent with Minnesota court interpretations of the applicability of initiative and referendum charter sections. Likewise, footnote language was added to Charter Section 4..02, subdivision 2 as to the unconstitutional and unenforceable nature of tetras limits. It appears that similar clarification is now being suggested for Section 5.08 as to recall of elected officers. My initial suggestion is that all references to recall authority in Chapter 5 of the Chatter be entirely removed, rather than including a footnote similar to the language accompanying Charter Section 4.02, subdivision 2. This suggestion is made because nothing is gained by retaining the recall provision in the Charter beyond the authority that already exists in the Minnesota. Constitution. If instead a footnote is desired, one similar to the term limit footnote, referencing the Minnesota case of Jacobsen v. Nagel, 96 N.W.2d 569 (Minn. 1959), should be included. As was the case for the initiative and referendum charter provisions, a recommendation from the Charter Commission for revising this Chatter section by ordinance would seem to be the most expedient and cost effective method to clarify this section. I suggest raising this matter with the City Council to determine the viability of this revision. lbSec 1ot . ._ 1.eCt-. - ew..e e.. Section 12.13 of the Charter contains language not generally found in the other city charters that I have reviewed or discussed with others. Such provisions as to administrative functions might be considered beyond the generally organic nature of a charter, which is in essence the constitution of the City. The newsletter provision,while a laudable administrative function of the City, is generally that, an administrative function that has been set forth in detail in the Charter, but is left to the discretion of the governing body. While most likely being very difficult to enforce in the event no newsletter is actually published, if a newsletter is published six times a year by the City of Mounds view,this Charter provision is satisfied. You had requested a suggestion as to how Section 12.13 might be interpreted, or how some parameters/guidelines might be utilized by the City as to the content to be contained in the newsletter. Such a request, which is a policy rather than legal question, is probably better addressed directly to the City Council. However, it should be pointed out that a newsletter generally cannot be used as a lobbying statement of the City or a commission (the city has sonic commissions that have some authority autonomous from that of the City Council, e.g., Economic Development Authority, Police Civil Service Commission, Charter Commission), however, it certainly can, within reason, be a useful tool for providing information to the public. Cost issues and limited space obviously preclude the inclusion and the conveying of every bit of information that passes through City offices and departments; this is a budgeting constraint the City must deal with in modifying or adopting a policy for materials to be included within the newsletter. 11 s.rrt-2o9554v1 MU2t01t 989—d 1:0/E0'd 089-1 01E61EE+ N3AYa9 7 AO31013X—Weld 1E:11 20-10—Z0 lbJonathan Thomas February 7, 2002 Page 3 Section 6.02, subdivision 3 oltkag Charter—Reports. I am in receipt of the Charter Commission's January 10, 2001, correspondence regarding Section 6.02, subd. 3 of the Chatter. I will forward a copy of this correspondence with this letter to the City Clerk-Administrator for possible further direction from the City Council as to this matter. As I previously noted, the above discussion constitutes my initial comments on these various issues involving the Mounds View City Charter. As a follow-up to these initial comments, I would suggest a meeting between members of the Chatter Commission and the City Council to continue the open dialogue between both entities, review of the Charter's various provisions and possible amendments, and to foster a continued, solid working relationship between the Charter Commission and City Council on the various issues that have been raised,or may be reviewed in the future. Please feel free to contact me to discuss these matters further. to Very truly yours, KENNEDY& GRAVEN,CHARTERED ?Cel-ht.' qi '" ,/' Scott J.Riggs I/ / Mounds View City Attorney �'--' S.1'49 cc: athlccti Miller 11 UR-209854.1 MU210-4 989-i PO/POrd 069-1 OLE62EE+ N3AVa9 V A03NN3)I-woJd 2E:il Z0-20-Z0 City v : DRAFT COPY for review Jan 10, 2002 . P Mounds View Honorable Mayor and City Council, This letter is a response to your recent request of the Mounds View Charter Commission in C anter Commission regards to our interpretation of Chapter 6, Section 6.02, Subdivision 3. Chair We would like to note that although you have asked the Commission for its opinion on such Jonathan J Thomas 763-784-5205 matters, it is the City Council and its legal counsel that has the authority to interpret the charter. This was affirmed by Mr. Duke Addix, an attorney for the League of Minnesota Vice Chair Cities in his presentation before this commission. Bill Doty 763-786-3421 It is the Commission's opinion that the spirit of the charter section in question is one of 2"d Vice Chair public accountability and information. It is not the intent of the Charter Commission to Roger Stigney impose upon the City Council or its staff in the execution of your respective duties. We are 763-786-3156 including the following explanatory attachment. Secretary Jean Miller 763-786-3959 Respectfully Submitted, Mary Amirahmadi 763-786-3477 Jonathan J Thomas, Chair Ordeen Braathen Mounds View Charter Commission 763-792-2021 ughlin 86-4001 Daniel Freimuth Section 6.02, Subdivision 3 - Explanatory Attachment 763-780-3371 Bradley Jahnke The objective of a quarterly report is to inform the public at a regularly scheduled city council 763-780-4900 meeting (exclusive of work sessions) of the status for all current and proposed projects in progress by the city. Daniel Sach Le 763-783-5943 This report includes budget status and projected expenditures on projects undertaken, Duane McCarty including finances from external sources. The finance director shall present a summarized 763-784-6074 report on all financial activities and plans at a regularly scheduled city council meeting. William Mori 763-784-3645 The quarterly report is intended to be a written summary of all department activities which shall be open to public comment and questions when presented. The schedule for each Michele Sandback departments presentation will be published with the agenda prior to each meeting. 763-783-1770 Corey Schaefer 763-717-0416 William Werner Sr 763-784-3603 41110 City of DRAFT COPY for review Jan 10, 2002 Mounds View Charter Commission Mounds Annual Report View January 2002 rter Commission Honorable Lawrence Cohen, Chief Judge Ramsey County District Court Chair 600 Courthouse Jonathan J Thomas Saint Paul,MN 55102 763-784-5205 Vice Chair Honorable Judge Cohen: Bill Doty 763-786-3421 = Due to the significant number of new members to the Commission, the business of 2001was primarily review and discussion of procedures. 2 Vice Chair Roger Stigney 763-786-3156 SUMMARY OF COMMISSION ACTIVITY: December '00 through November '01 Secretary Jean Miller December 14,2000 763-786-3959 New members William Mori and Michele Sandback are welcomed and discussion of Mary Amirahmadiyearly schedule and method of prioritization for open issues. Adopted meeting 763-786-3477 schedule for January, 2001 through June 2001. Resignation of Robert Toberg and Gary Quick. Ordeen Braathen 763-792-2021 January 11, 2001 ughlin Reviewed statutes regarding methods of amending the charter and discussed previous 6-4001 years resolutions. Announcement of resignation of Leonard Burgers. Daniel Freimuth 763-780-3371 February 15,2001 Overview of requirements for publication of ordinances when amendments are made Bradley Jahnke as well as discussion with consulting attorney, Raymond Faricy, in reference to proper 763-780-4900 precedence and procedure for amendments to the Charter. Daniel Sach Le 763-783-5943 March 8,2001 Introduction of William Werner, Sr,newly appointed by Judge Cohen to the Duane McCarty commission. Presentation and discussion of Resolution No. 2001-01 relating to 763-784-6074 publishing requirements for amendments to the Charter in draft form. William Mori 763-784-3645 =. April 2001 -' Meeting was cancelled due to scheduling conflicts. Michele Sandback 763-783-1770 y May 10, 2001 Corey Schaefer Announcement of the resignation of Susan Robinson from the Charter Commission. 763-717-0416 Continued discussion regarding requirements for publication of ordinances. William Werner Sr June 14,2001 763-784-3603 New members Dan Freimuth, Dan Coughlin, and Corey Schaefer are introduced. • Presentation from Duke Addicks, attorney with the League of MN Cities regarding methods to amend the Charter and areas in the Mounds View Charter to consider amending in light of statewide precedence. DRAFT COPY for review Jan 10, 2002 Mounds View Charter Commission III Annual Report Page 2 January 2002 July 12, 2001 Approved resolution setting the meeting schedule for July, 2001 through June of 2002. Discussion of special meeting set for August 23, 2001 to discuss Human Rights. Discussion of Charter Chapter 6, Section 6.02 Subd. 3 and review of Section 7.03 regarding Systems of Taxation. August 9, 2001 Discussion with City Clerk-Administrator, Kathleen Miller and City Attorney, Scott Riggs regarding Chapter 6, Section 6.02, Subd 3, Chapters 10 & 11 and other issues. Discussion regarding Fridley's charter amendment as it relates to Section 7 regarding Systems of Taxation . August 23, 2001 *SPECIAL MEETING Joint meeting with Mounds View City Council to hear a presentation of issues involving Human Rights from Gary Gorman, MN Dept. of Human Rights, and Sonja Peterson, MN League of Human Rights Commissions. • September 13, 2001 Discussion regarding the Charter budget and its oversight. Approved a recommendation to the City Council for revitalization of the Human Rights Commission of Mounds View. October 11,2001 Discussion of Charter amendments and legislative action that was required for W. St. Paul and Fridley regarding levy limits. Discussion regarding guidelines and restrictions for TIF districts. November 8,2001 Discussion regarding Section 6.02 Subd 3. Respectfully submitted, Jonathan J Thomas Chair, Mounds View Charter Commission CC Kathleen Miller, Mounds View City Clerk-Administrator ID