HomeMy WebLinkAbout08-12-2008 3
Mounds View Charter Commission Minutes /
Thursday,August 12, 2008
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1. Call to Order—The meeting came to order at#i e•7:05 pm. /01 1
2. Roll Call— Present: J. Thomas, J. Miller, B.Thomas, M. Haubrich. J. Reiling
Excused:
Absent : B. Doty
3. Approval of agenda
Motion by B. Thomas, second by J. Miller,to approve agenda as written.
MOTION APPROVED
Approval of minutes
Motion by M. Haubrich, second by J. Miller,to approve minutes of June 12, 2008 as amended.
MOTION APPROVED
4. Citizens comments from the floor
None
5. Reports of the Chair
Chair welcomed the new commissioner, Jason Reiling, and introduced him. Chair announced
Resolution 2008-02 is now Ordinance 810 and is going through the adoption process. The
Charter will be updated as soon as that process is completed. The process of modifying City
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Code with the necessary additions is next.
6. Reports of members
B. Thomas reported that one possible new member is no longer able to apply as he is moving
to Roseville but that those listening should consider applying for one of several open positions.
7. Unfinished Business
Chair opened discussion regarding revisions to Chapter 8 in regard to street and infrastructure
improvements. He also gave some background on the charter amendment process for the
benefit of the new member.
Discussion continued based on the list of questions for Initiative.
8. New Business
Chair will prepare an updated list of items for the Commission to address.
9. Adjournment
Meeting adjourned at 8:22 p.m.
Section 8.05. Initiative. A public improvement project may be proposed by petition. The
4 exact nature of the proposed project must be stated at the head of each page of the petition or
attached thereto.
- how do we define a project including engineering or financing—
The petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be
valid for one hundred eighty (180) calendar days during which time a completed petition with
signatures must be filed.
- how do we define project area and required number of signatures—
Within sixty (60) calendar days after final determination of the petition's sufficiency according
to this Charter,the Council must either adopt a project plan according to Subdivisions 1 or 2 or
pass a resolution to place the measure on a ballot as provided in Subdivision 3. Any amendment
to the proposed project must proceed according to Subdivision 2 of this section. If an project is
adopted, it shall become effective thirty (30) calendar days after publication unless the project
specifies a later effective date. If the vote for adoption fails, the project must be placed on the
ballot as provided in Section 5.05. If a ballot measure for a proposed project fails the same
measure is prohibited from being brought forward again as an initiative within one hundred
eighty (180) calendar days of the election certification. Failure of a ballot measure for a proposed
project shall not prevent the Council from proposing a similar project.
Subdivision 1. If the Council elects to adopt the project plan as provided by the petition
without amendment,they shall proceed in accordance with the normal public improvement
procedure. During this process,the project cannot be amended but, if adopted, is subject to the
referendum process as defined in Section 5.07.
- how does this address the need for engineering -
Subdivision 2. If an amendment to the project is proposed by a majority vote of the
Council, it must be presented to the Sponsoring Committee prior to the first reading of the
proposed project. The Sponsoring Committee shall have fourteen (14) calendar days from the
receipt of the amended proposed project to disapprove the amendment by majority vote, and
file a statement with the Clerk-Administrator. Upon receipt of a statement of disapproval from
the Sponsoring Committee,the Council must either adopt the proposed projects, according to
Subdivision 1 of this section, or place the project, as presented by the Sponsoring Committee,
on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a
statement of disapproval, the project can proceed, as amended, according to Section 3.05 with
no further amendments and, if adopted, is subject to the referendum process as defined in Section
5.07 of this Charter. If the vote for adoption fails, the project, as amended, must be placed on
the ballot as provided in Section 5.05. If an amended project is approved at a first reading,the
Council may choose to submit the project, as amended, as a ballot measure.
- how does the timing need to be adjusted to allow for the necessary investigations—
Subdivision 3. If the project is required to be put on a ballot, or if the Council chooses
to submit the project as presented as a ballot measure, they shall proceed as provided for in
Section 5.05 of this Charter. If a majority of those voting on the project vote in its favor, it
shall become effective thirty (30) calendar days after adoption certification of the election results
111 unless the project specifies a later effective date. If the majority does not vote in favor,the
project shall not be enacted.
City
of 9/11/2008 List of items for Charter Amendments for future consideration
Mounds
Section
View
2.04 Review issues related to City Council members serving on the Charter
Commission and the language in the Charter as it needs to clearly
Charter Commission recommend a liaison position if there are no current members of the City
Council serving on the Charter Commission.
Chair
Jonathan J Thomas
763.784.5205 3.01 Should "meeting place" be by resolution or ordinance and time to notify for
special meeting - 24, 48, or 72 hours ?
Vice Chair
Bill Doty 3.02 Review issues related to City Council members serving as liaison positions
763.786.3421 City Departments.
2"d Vice Chair
Jean Miller 2.02 Review issues related to Police Civil Service Commission and the conflict
763.786.3959 with the language in the Charter.
Secretary 3.04 Subd. 4 - Consider new section defining actions that require an Ordinance.
Barbara Thomas
763.780.6226 See section 2.13 of Mankato Charter as an example.
Michael Haubrich 7.04 Fees. Charter commission needs to provide Council with a Charter
312.237.2859 amendment to resolve new found inconsistencies and ambiguities.
Jason R Reding
76 Ilr.3013 10.xx Consider replacing with a more general reference to State Statutes that would
be more accurate as the Statues have been determined to take precedence.
11.xx Similar to chapter 10.
Work Session
4 February 4, 2008
Joint Meeting between Charter Commission and City Council
Issues to be discussed include Clerk Administrator title-inconsistencies, fees in Chapter 7.04,
Section 8.04 regarding assessments, Section 3.02 regarding Council liaisons, Administrative
Offenses, Section 2.02 regarding the EDA and the PCSC, etc.
Section 2.02. Roger thinks the PCSC is a good thing; eliminates the politics of the council
appointing police positions. It was noted that politics still exist, except it's in the hands of three
people rather than five. Roger indicated everything is political. The Charter could be amended
to say that it does not apply to the PCSC or it could be disbanded (or used as more of an
advisory board.)
The EDA is outside of the requirements of the Charter, outside of the controls of the Charter.
Rob says leave the EDA alone--the districts will be expiring. Chair Thomas indicated changes
would be necessary regardless, Rob directed the Charter Commission to make the language
correct.
Section 3.02. Can we delete that as an option? There are other aspects aside from just deleting
it. What was the original intent? Roger quoted Bill Doty's interpretation of the original intent.
Was section 3.02 ever successful or necessary? Maybe council members should talk to senior
employees. Look into the issue and re-address. Jonathon said intent is to improve
communication
Working on Administrative Offenses-No further comment
Section 8.04. Charter has confusing requirements. The Charter is inconsistent with city's
present assessment policy. With the new financing plan, whether intended or not, options are
being taken away from the Council and as well as a residents. Charter needs to be amended
sooner rather than later. City needs to move forward with projects, residents need to be
involved. Roger agrees with some of the comments. What do special assessments apply to?
Charter language needs to have safeguards. Wording is poor in Charter? Does Charter clearly
define how a streets project moves forward? Any assessment should be petitionable.
Valerie Amundsen asked whether the unaffected people could raise a petition. It was pointed
out that unaffected residents could and can petition. Joe stated the language in question is for
assessments, not the petition process.
Clerk Administrator language. Have Scott Riggs review the statutes and provide an opinion.
Section 7.04, Fees. Charter commission will be providing Council with a Charter amendment
to resolve new found inconsistencies and ambiguities.
Jonathan and Barbara reminded the public that there are a number of positions available on the
Charter Commission.