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Home My WebLink About03-30-1995 MOUNDS VIEW CHARTER COMMISSION Minutes/Regu.Zar Meetirsg 3-30-95 1 . Call to Order - by Chair Russ Warren at 7 :05 p . m. 2 . Roll Call - Present: Virgil Beyer, Len Burgers, Duane McCarty, Jean Miller, Richard Oman, Laurie Schley, Rhonda Smeija, Roger Stigney, Russ Warren, Bill Werner, Ruth White , & Bill Wilson. Member Julie Trude arrived at 7 : 40 Members Jerry Linke and Dave Long had excused absences. 3 . Approval of Minutes: Duane McCarty restated the importance of attendance at meetings, and requested formal approval of excused absences . Motion by Duane McCarty, second by Virgil Beyer, to approve the minutes of 3-9-95, as submitted, and to ratify the excused absences of that meeting. Motion passed on a voice vote . 4 . Chapter 5 - Motion by Duane McCarty, second by Virgil Beyer, to include Section 5 . 03, Subd. 2 , as written. Discussion: Laurie Schley suggested that the requirement for a court decision was too severe, and that an alternative process should be found. After • discussion, no alternative was apparent. Richard Oman and Roger Stigney both pointed out that the proposed addition to the charter did not address the situation of petitions directed to actions by resolution rather than by ordinance. After further discussion, a motion to table Section 5 . 03, Subd. 2 was made by Duane McCarty, and seconded by Virgil Beyer. It passed on a voice vote. 5 . BY-LAWS : Amendment to replace language regarding the timing of commission elections ( to be first meeting of odd numbered year) , as submitted by Julie Trude . Motion by Julie Trude, second by Virgil Beyer, to approve amendment as submitted. Discussion; Ruth White pointed out that the timing of appointments by the District Court was not in keeping with the old language . Motion passed on a voice vote . 6 . Adjournment Motion by Duane McCarty, second by Virgil Beyer, to adjourn at 7 : 45 p. m. Motion passed on a voice vote . *NOTE* Virgil Beyer - address as shown on roster sheet should be corrected to read 2742 Co . Rd. J. Respectfully submitted by Richard Oman Next meeting: April 11, 1995 at 7 : 00 p . m. • g Duane McCarty til (612) 784-6074 a S/8/95 0 9:14 PM D 1/1 • MEMORANDUM To: Charter Commissioners From: Duane McCarty Date: May 8, 1995 Subject: Section 5.03 modifications Note: The following suggested modification to Section 5.03 adds a final sentence to proposed Subd. 2 as indicated by the double underlined segment below. This additional language is intended to address the concern that has been raised regarding potentially frivolous petitions. Sec. 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the clerk-administrator. The required • number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the clerk-administrator shall examine the petition as to its sufficiency and report to the council within ten days. Upon receiving the report, the council shall determine by resolution the sufficiency of the petition. Subd. 2, if the City Council determines on its own motion that a sufficient and -• _ _ .- . .•, • '. . - - - -i . - u • - .- - n'. -. • . - -g. I • 1 . - _ - -.. . - -.- I - • •I ' _ •l . l •l- •l • u' 1 - -. - I . • *II / - - - -f • ' u • - . - •l • I - • - , as provided in this charter, a proper court order permitting the City Council authority to refuse such election must be produced by the council within 15. days of the date of determination of sufficiency. If the council has not acted • •.l • • '. • • . .•1 , ' II t - . .. - S. . - '•S t - 0•1 • ',g. committee may appeal to the Charter Commission and the Charter Commission shall 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. This subdivision shall not apply to initiative, referendum or recall petitions that are manifestly unconstitutional. 111 Sec. 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the clerk-administrator. The required umber of signers shall be at least fifteen percent for initiative and erendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the clerk-administrator shall examir the petition as to its sufficiency and report to the council within ten days. Upon receiving the report, the council shall determine by resolution the sufficiency of the petition. Subd. 2. If the City Council determines on its own motion that a sufficient and regular petition for initiative, referendum or recall is determined to be illegal under case law, legal precedence, or constitutional non-conformity, thereby refusing to submit a initiative, referendum or recall question to the voters, as provided in this charter, a proper court order permitting the City Council authority to refuse such election must be produced by the council within 15 days of the date of determination of 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 alaaLprovide 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 fitommission. This subdivision shall not apply to initiative, referendum or recall titions shown to be manifestly unconstitutional. 1 III Section 8.04 Procedure. Subdivision 1. Initiation of Improvement All improvements to be paid for by special assessments, in whole or in part, against benefitted properties may be initiated by either: A) The petition of at least fifty-one percent of the benefitted property owners together with a resolution adopted by a three-fifths affirmative vote of the council; or, B) A resolution adopted by a four-fifths affirmative vote of the council. The resolution must state the nature and scope of the proposed improvement. Subdivision 2. Public Notice Upon receipt of cost estimates, the council must by resolution set a date for a public hearing on the proposed improvement. the hearing must follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated unit and total costs, and the area proposed to be assessed. The two publications in the official must be a week apart and the hearing must be at least three days after the last publication. Subdivision 3. Notice to Property Owners At least two weeks prior to the public hearing, notice of the hearing as described in Subdivision 2 must also be mailed to the owner of each property in the area proposed to be assessed. Failure to give mailed notice, or any defects in the notice, will not invalidate the proceedings. Subdivision 4. Public Hearing At the public hearing the council receives 1110 any written and oral statements for or against the proposed improvement. A period of sixty days must elapse after the public hearing before any further action may be taken by the council on the proposed improvement. However, prior to and following the public hearing, the council may initiate the preparation of plans and specifications and the advertisement for bids on the improvement, in addition to other actions which in its judgement may provide helpful information in determining the desirability and feasibility of the improvement. Section 8.05 Council Action. Subdivision 1. The approval of at least fifty-one percent of benefitted property owners together with a resolution adopted by a four-fifths affirmative vote of the council are required to act on a local improvement. Subdivision 2. Whenever all owners of benefitted property petition the council for an improvement and to assess the entire cost against their properties, the council may adopt a resolution determining such fact and order the improvement without a public hearing. Subdivision 3. When a proposed improvement is disallowed under the forgoing subdivisions, the council may not vote on the same improvement within 111/1 a period of one year after the public hearing on said improvement. • AGENDA CHARTER COMMISSION MARCH 30, 1995 7:00 P.M. 1 . Call to Order • 2. Roll Call 3. Approval of Minutes 4. Charter Commission Business . Discussion of Chapters 5 and 8 . Discussion Regarding By Laws 5. Adjournment 0