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Home My WebLink About07-12-2007 eji • klef , .1 x Mounds View Charter Commission Minutes ' 4 4111 Thursday. July 12. 2007 /,,,i /ir I- 1. Call to Order—The meeting came to order at time 7:05 pm. / a 2. Roll Call— Present: J. Thomas, J. Miller, M. Haubrich, C e er, B.Thomas Excused:, T. Vang, B. Doty Absent : 3. Approval of agenda Motion by M. Haubrich, second by B. Thomas to approve agenda as written MOTION APPROVED Approval of minutes Motion by J. Miller, second by M. Haubrich to approve minutes of June 12, 2007 as amended MOTION APPROVED 4. Citizens comments from the floor None 5. Reports of the Chair Chair brought the Commission up to speed on the progress of Resolution 2007-01d as it was presented to the Council on Monday, July 9t. • 6. Reports of members B. Thomas and M. Haubrich reported details of the Council discussion from the Council meeting on July 9th . 7. Unfinished Business None 8. New Business Chair discussed materials provided by the City Attorney to address Council concerns. Attorney Scott Riggs attended the meeting and spoke to the need and authority for the language he provided. Discussion continued on the necessary amendments. B. Thomas moved to approve Resolution 2007-01 e conditional upon final review and to submit the resolution to the City Council. M. Haubrich seconded. MOTION APPROVED Chair began a discussion of how to submit 2007-01 e for a ballot, if necessary. He provided a draft cover letter for consideration. Chair described the process the necessary for the City should the amendment be submitted for a referendum. 9. Adjournment Meeting adjourned at 9:40 pm. City of CHARTER COMMISSION MEETING • Mounds 7:00 PM Thursday, Jul 12, 2007 ' i View Mounds View City Hall Preliminary AGENDA Charter CommissionA - I�' PI Chair 1. Call to Order Jonathan J Thomas 763.784s205 2. Roll Call Vice Chair Bill Doty Jonathan J Thomas )Michael Haubrich 763.786.3421 t/Bill Doty Thai W Vang 2"d Vice Chaircan Miller Jean Miller Barbara Thomas _ 763.786.3959 Secretary 3. Approval of agenda and minutes Barbara Thomas 763.780.6226 Review and approve agenda Michael Haubrich Approval of Jun 12, 2007 Minutes 651.204.6848 Thai W Vang 4. Citizens comments from the floor .63.792.1750 5. Reports of the Chair Short review of Chapter 5 (Resolution 2007-Ole) status. 6. Reports of members 7. Unfinished Business ._ 8. New Business 45 min, Review Resolution 2007-Ole. 15 min, Review procedures for ballot measure for Resolution 2007-Ole 9. Adjournment 10. Next Regular Meeting Date - Tuesday, Aug 14, 2007 • Original Message IIISubject: Sample Charter Language Date: Wed, 11 Jul 2007 12:52:23-0500 From: Riggs, Scott J. <sriggs@Kennedy-Graven.com> To: Kurt Ulrich <KurtU@ci.mounds-view.mn.us>, Jonathan J Thomas <jthomas@usinternet.com>, <barbaralthomas@hotmail.com> CC: Jim Ericson <JimE@ci.mounds-view.mn.us>, Short, Jean M. <jshort@Kennedy-Graven.com> To all: In response to the discussion at the Council meeting on Monday, below are my first attempts at possible Charter language granting the authority to the Council for establishing any necessary regulations as to interpreting/analyzing/determining petition sufficiency. While the grant of authority may appear somewhat broad, in reality, the authority language is likely fairly limited as any specific"rules of interpretation"established by the Council by ordinance or resolution must be consistent with Minnesota statutes (Chapter 410, etc.), Minnesota rules (Chapter 8205-- which is fairly specific), case law interpretations and the Charter. Unless the Council would desire to specifically directly address the situation of a "frivolous" petition (e.g., submitting five names when hundreds would be required by the Charter; which a plain reading of the charter may allow to be deemed immediately insufficient), there may not be much in the way of necessary rules of interpretation. It could also be argued that the Council already possesses the authority we are attempting to establish in the language below based upon City Charter Section 12.12, which is a very broad, general grant of authority. Sample Charter Language: Consistent with the provisions of this Charter and applicable state laws and rules, the Council may prescribed by ordinance or resolution such rules of interpretation for the determination of petition sufficiency. OR alConsistent with the provisions of Charter Section 12.12, the Council may prescribed by ordinance or resolution such rules of interpretation for the determination of petition sufficiency that are in compliance with the laws and rules of Minnesota. The sample language could likely be inserted into either Charter Sections 5.02 or 5.03, or elsewhere in the Charter. Please feel free to call me to discuss. Thanks. Scott J. Riggs • Kennedy& Graven, Chartered 612-337-9260 ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510- 2521. III 1 City of . Resolution No. 2007-03 • -Mounds 1 Mounds View Charter Commission View Final Version Dated Aug 14, 2007 Charter Whereas, the Mounds View Charter Commission has reviewed the lists of past Commission requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. Chair Jonathan J Thomas The Mounds View Charter Commission acting under Minnesota Statute 410.12 763-784-5205 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken Vice Chair long-hi-age. The Mounds View Charter Commission requests the City Council adopt Doty 763-786-3421 this resolution by ordinance by the required unanimous vote. 2nd Vice Chair Jean Miller CHAPTER 12 763-786-3959 MISCELLANEOUS AND TRANSITORY PROVISIONS Secretary Barbara Thomas Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of 763-780-6226 general circulation in the City as its primary official newspaper. as well as an optional secondary newspaper. in which shall bepublished ordinances-a4- other matters required by law ai+lor this Michael Haubrich Charter to be so published, as\\ell a.3 su lhand any other matters as the Council may deem 4-tis in 763.432.3181 the public interest to have published in this manner. • Thai W Vang 763.792.1750 Respectfully submitted, �°� _; -� - /tea •' Jonathan J Thomas, Chair Barbara Thomas, Secretary III