HomeMy WebLinkAboutBackground and Guide to the Charter 1979�� �i�, Dori,, C �',!:;n m� �`�a Cher r, �,on m�s��,o,
� Severzl issues last year such as the 61/z million dollar
storm sewer proposal and an ordinance banning Lz•ttek
parking awake many citizens to the fact that they have very
)itde real say in important decisions affecting their homes
and City. A Home Rule Charter was seen as a tool to gfvethe
public an effective part in those decisions.
A Home Rule Charter is, in effect, a city constitution
'� which sets out the general organization and functions of
local government in place of the "statutory" provisions of
s'.ate law. Over 100 cities in Minnesota, about 1 out of B, have
such a chaster. These include Anoka, Blaine, p'ridley aad
other cities from under 1,OO11 population to half a milLon:
! The petition for the charter was led by Duane McCarty
last fall andwas circulated by truckers and other Concerned
CiFizens. The needed 1t1 percent of the registered voters in
Mounds View signed the petition; it was submitted to the
i� � District Court; 15 residents were appointed by the Court to a
commission to write a charter. These Charter Commission
members are Robert Bentel, (attorney —replacement for
Howard Neisen), W9tlard Doty, Councilmember Don
Hodges, Mflan Illig, Neil Loeding, Richard Lykke, IaSayor
Duane McCarty, Howard Neisen (since resigned), David
No[aro, Lowell Nygaard, Curt Schmidt (attorney), Walter
5kiba, William Werner, Ruth White, James Wills (at-
torney), and Carol�Ziebarth.
The Charter was written over thepastyear in a series of 2lh
open meetings of the Commission (plus many committee
meetings) including 8 meetings after a charter draft was
presehted in August for comment byeresidents, the League
of Minnesota Cities, City Governnreht, and civ=e
argan;zations. A finished draft was��presented to the City
Council on Oct. 15th. The election for the Charter was then'
set by the City Com'zcil for Dec. 4th. These steps in framing
the Charter have been reported in City newsletters and in
d'le New Brighton Bulletin. -
The complete proposed Charter is.printed below. As a
e ide to the reader I wffi give a general rundown and then a
short description and explanation of each of the 12 chapters.
In general, the Charter Commission has followed a model
charter written by the League of Minnesota Cities, but has
added or subtracted from the Model to suit the needs of
Mounds View. In particular, we have stuck closely to the
"Optional Plan A" form of government because this is the
type That was chosen byMounds View voters..(In Plan A the
City Council has complete responsibility for all govern-
mental functions hzcludieig administration)
Chapter 1: This chaptea• designates the boundaries and
powers of the City as allowed under Minnesota law and
closely follows the League Model. -
. Chapter 2: This chapter on foam of government is
essentially the same as Monads View has today.
Chapter 3: Except for decals the CouneII procedure given
in this chapter follows both the League Model and present
practice.
Chapter 4': �7'he main proposed change from present
practice is that a vacancy in the City Council would be filled
by a special 'election rather than by the City Councll when
the term o£ the vacant office has more than a year to run.
Chanter 5: This chapter contains the new rigtzts oil
Initiative, Rofoz•endum andRecall that residents would have
under the Charter. Initiative. is the right of citizens to
why we need Chapter SJ Recall has some limitations, as do
initiative and referendum, but basically is a means to
replace elected officials for reasons of misconduct fn office.
Chapter 6: Most on the Charter Commission }nave ex-
pressed a concern that Mounds View not drift toward `°Plan
B" govesnnient, the City=Manager form, in the absence of
.clear public support for such a change. Therefore, the limits
of the duties of the chief administrative officer, the Clerk -
Administrator, have been set out in this chapter. Also, the
office of Treasurerhas been separated awayfrom the Clerk -
Administrator position'. '
Chapter 7: The important change here calls €or a long-
term financialplan as suggested bythe League of Minnesota
Cities in its Illandk5ok•a�or Statutory Cities. Tlis should
greatly help both locai government and residents in.
establishing desirable ]ong-range direction for our City.
Chapter 8: Pubhe'zmprovements can involve huge eosfs to
property owners aad so have to be a first concern to most of
us. In this chapter tine Charter Commission Focused on the
special assessments which property owners may be
required to pay for partieu]aa benefits noming from im-
provement projects. This is i>acauso such assessments
cannot now, in general, be put to a vote. '(In eozitrast,
general assessments, which cover everyone, must h@
submitied'to a referendum under State law.) Tho Charter
provides an inexpensive, petition procedure For those af-
fected by a ,proposed special assessment. While the
language is somewhat complicated, the procedure boils
down simply to the result that' the sirongesC side, for or
against, wins. Added on is a provision ellovring the general
public to also petition for or agahnst a project whoa tha
public shares in the cost of the project.
Chapters 9, SO and-11 closely follow State Law and the
IV1odeI Charter.
Chapter 12 is the catchall, The new feature in this chapter
is the provision for additional City Newsletters to increase
information to the public. (Note that the Charter reglrires
that summaries be given in the Newsletters ofnnporiant
documents such as the annual budget, the long-term
financial plan and improvement proj�ts which would in-
volve special assessments) '
A major criticism of the proposed Charter is that it would
cost extra money for specialelectfons and more newsletters,
But as far as I can see any such costs woad amount to
"peanuts" compared Eo the 2 million dollars City Govern-
ment now spends each year. Also, this criticism does not
take into account the possible large savings from more
effective input from citizens, Also, the complaint is heard
Lha[ the Charterhas already beenwrittenbefore everyonoin
town has given an opinion on it. however, critics haven't
told us how the Charter Commission can get more opinion
than we already have item public meetings vrichaut having
an election. After being passed the Charter can }ie revised as
needed or even revoked if thatis tizewill of thopeople. (None
of the more than 100 Home Rule Charters has ever been'
revolted — a pretty good vote of confidence!)
We can discuss these and other questions- at an in-
formational'meeting that will be held by the Charter
Commission at the Eel Rae Ba1L*oom on Nov. 15th at 7:36
p.m. Finally, let me remind you that the elecllon on the ,
Charter will 6e� on Dec. 4th. This will ize a chance to give
Gfiaitex and Background and G-.lide to,
'paid for by the Concerned Citizens amd
anted to. residents by .the Concerned
may lie directed to Neil 3.oeding, 7Hfl-.
6 its own rules antl
{ majority of all men
I quorum to do hue
!number may adl'au
The conned may b
' by which a minor
attendance of abs
p coedance with stat
Sec. 3.04. Ordina
Motions.
', Subdivision 1. I
provided in this ch�
s affirmative vote
members of the cot
i for the adoption
�° resolutions and m
i eouncilmembers on
berecoidedinacco
Subd. 2. Except
in thus charter, all
` ordinance. The vo
I shall he by a roll 1
Subd. 3. The ga
business of the coot
by resolution or m�
1 See. 3.05, Proee
i Every gropose�
pPCSont@d In wTiti
' before adoption, u
dispensed with by'
' the council. No on
� '� mere C.,an one subji
be clearly express
enacting clacse sh
_�� Mounds View ord;
except an emergent
�� adopted at tine mee
iroduced and at lea
y elapse between its
�t adoption.
�= Sec. 3.OS. Emerg
emergency ordinal
necessary for theim
' of the public peace,
: or welfare; in w
emergency is define
preamble thereto.
dinance must be ap;
of available membe
An emergency orc
. � writing but may
'. previous filing or
adopted finally at th
is first introduced a
�. council. An emerge
remain in effect fez
emergency. No pros;
upon the provision
��, ordinance until twe
'=; theordinancehasbe�
�' the clerk adnzinistr
' beenpostedinthreei
the city, or publishe
-_ this charter, or the
violation thereof hoc
ordinance pzior to
' res)stting in the pros
Sec. 3.G7. Signing
Ordinances. Every a
the council shaL be s
and attested Co, filed t
! clerk -administrator
1 shall be published a
} o-fficialnowspaperas
aaa si!ail'bepreceded
i contents. To Ehe ex.
provided by,l$w,�.
` caiporate by refi
published znateris
withbpt publishing