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HomeMy WebLinkAboutMay 10 2004 Commission Memo to Council re Res 2003-04 and 2003-05m v City of Mounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michele Sandback 763-783-1770 2nd Vice Chair Daniel Freimuth 763-780-3371 Secretary Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Matthew Eenigenburg 763-783-7216 Jean Miller 763-786-3959 William Mori 763-784-3645 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 Date:May 10, 2004 To: Mounds View City Council From:Jonathan Thomas, Chair, Mounds View Charter Commission RE:Charter Commission Agenda Items for Monday May 9, 2004 In regard to the specific agenda items for Monday May 9, 2004, regarding resolutions 2003-04 and 2003-05, submitted by the Charter Commission, we would like to provide some additional background on the discussions held by the Charter Commission. Resolution 2003-04 In Chapter 2, Section 2.06, you will find a proposed amendment to the language related to the duties of the Mayor. To provide background for this discussion, this is an ongoing issue from City Staff memos and members of the public maintained in Charter records. The opinions expressed in these discussions were that current language which states the Mayor “shall have a vote as a member.... but shall have no administrative duties”, could be interpreted to mean that the Mayor was not allowed to participate in discussions pertaining to city policy even during the performance of Council duties. This resolution should clarify the meaning to be that the Mayor has no administrative authority as an individual outside of the duties of the Council but that when administrative functions are performed by the Council, the Mayor is entitled to participate. In section 4.05 we have recommended language to clarify the procedure used for filling vacancies on the City Council due to a possibility for misinterpretation of the existing language and even though the timing of a candidate filing a vacancy is covered by MN Statute it was determined to be important to add the language for consistency and clarity. In section 9.01 the additional reference to “as amended” for the reference to MN Statute is for consistency where the intention of the Charter is to be concurrent with rather than to take precedence over the referenced statute. Resolution 2003-05 A significant effort by the Charter Commission was used on Chapter 5 to implement changes for clarity and consistency, not as a proposal of new policies regarding Initiative, Referendum and Recall. Previous inconsistencies and a construct that did not clearly present the time lines, resulted in our choice to use a replacement language style. Summary We would like to restate that the current resolutions that have been submitted to the Council for review are all intended to be clarifications to Charter language only, with the intent that the Council would be able to unanimously approve them for submission by Ordinance without requiring a ballot question. We realize that there may additional issues to be considered beyond the scope of language clarification. If there are additional amendments that would require substantive changes to these sections that the City Council would like to propose, the Charter Commission would review those issues with the intention of placing them on the ballot. We look forward to hearing the Council’s opinion on the resolutions we have proposed.