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HomeMy WebLinkAbout10-26-1993 MOUNDS VIEW CHARTER COMMISSION MINUTES 4111 OCTOBER 26 , 1993 I . Call to Order Vice Chair Sue Hankner called the meeting to order at 7 : 05 p . m. in the Mounds View City Hall . II . Roll Call Present : Lloyd Bardwell , Virgil Beyer , Sue Hankner , Jerry Linke , Dave Long , Duane McCarty , Richard Oman , Laurie Schley , Bob Toborg , Julie Trude , Arlene Werdien and Bill Werner . Absent ( excused ) : Len Burgers and Ruth White . Absent ( unexcused ) : Ray Vandeveer . III . Approval of Minutes Motion by Laurie Schley , second by Jerry Linke , to approve the Minutes of the October 12 , 1993 meeting as submitted . Motion passed with 10 ayes and 2 abstentions . IV . Meeting Schedule Motion by Jerry Linke , second by Bob Toborg to set the next meeting 1111 for Tuesday November 16 , 1993 at 7 p . m. Motion passed unanimously . Due to the absence of the Chair , his annual report will be considered at the next meeting . A future meeting schedule will be discussed on November 16th . V . Charter Review - Chapter 8 Jerry Linke discussed the proposed changes in his draft of Chapter 8 . The following question was set aside for future consideration ( from §8 . 01 ) : Should the Charter set a "cap" or maximum amount the city may levy for special improvements? In §8 . 02 , shall was changed to "must . " After discussion about how Minnesota state law (Minn . Stat . § 429 , subd . 3 . 021 ) would operate in conjunction with the charter language , the commission decided legal review of this topic would be helpful . An attorney should also be consulted regarding the use of "and " in §8 . 02 and §8 . 03 . The operation of the current Chapter 8 petition process was explained by Duane McCarty who had prepared a hand-out to illustrate the procedures . The proposed re-draft was also reviewed . After a lengthy discussion , a consensus was reached to maintain the processes in the original 410 charter but improve their operation . Citizen initiated projects will require 51% petitioning for an improvement . When the council initiates improvements with a 4/5 vote then 51% of the property owners can " counter- 4111 petition " or stop the project . Public hearing and notices to property owners will be maintained and when improvements are to be financed with non-assessment revenues 51% of voters ( for mayor in last general election ) may petition against the improvement or assessment formula ( or both ) and stop the project . Laurie Schley was recruited to re-draft Chapter 8 incorporating these goals ; preserving the original charter goals but improving the readability and workability of this chapter . VI . Agenda for Next Meeting On November 16 , 1993 at 7 p . m . the commission will meet to consider the following : AGENDA 1 . Chair ' s annual report 2 . Review re-write of Chapter 8 ( Laurie ' s re-draft ) 3 . Review Chapters 11 & 12 VII . Adjournment Upon the motion of Laurie Schley , seconded by Bill Werner , the commission voted unanimously to adjourn the meeting at 9 : 08 p . m. 4111 Respectful ] submitted , al / Julie Trude , Secretary 4111 411 Sec. 5.05. Initiative. Subd. 1 . Anyordinance or resolution maybe proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance or resolution. If the council passes the proposed ordinance or resolution with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the clerk-administrator within ten days of its passage by the council, the ordinance or resolution need not be submitted to the voters. If the council fails to enact the ordinance or resolution in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance or resolution as originally proposed shall be placed on the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the petition, the council shall call a special election on the ordinance or resolution to be held within such period. If a majority of those voting on the ordinance or resolution vote in its favor, it shall become effective thirty days after adoption unless the ordinance or resolution specifies a later effective date. Subd. 2. If the City Council determines on its own motion that a sufficient • and regular petition is determined to be illegal under case law, legal precedence, or constitutional non-conformity, thereby refusing to submit an initiative to the voters as provided in this charter, a court order or injunciton permitting the City Council authority to refuse such election must be produced by the council within 15 days of the date of determination or sufficiency. If the council has not acted according to this subdivision within the above 15 day period, the sponsoring committee may appeal to the Charter Commission and the Charter Commission may provide for said election to be paid by the city. The Clerk-Administrator shall provide for said election upon the order of a majority vote of the Charter Commission.