Agenda - Charter Commission - 11/17/1983

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I I I I I I I I I I I I I I I consulting firm that works with states, state agencies, local governments and school districts to issue tax exempt financing. Evenson/Dodge does not buy and sell securities and they are also the financial consultants for the City of Ramsey. Have worked with charters, particularly in Richfield, and state statutes. Has spent most of his life working in government, have been active in Minnesota with Municipal League activities and served as president of that League for a few years. Mr. Burggraaff stated that a charter is important because it is like a constitution and his feeling is that it should say what you want it to say as simply as possible, it should be flexible enough to achieve the goals of the community and emphasis should be put on fundamentals rather than procedures. Mr. Burggraaff referred to long term financial plans and stated the has two concerns: 1) the specificity the charter is proposing to require and 2) adopting it by ordinance. It is typical for a charter to require a 5 year capital improvement program and this would be supported by a 5 year financing program. Mr. Burggraaff suggested combining 7.05.02 and 7.05.03 and just saying that it should be a 5 year capital improvement program supported with a financing program. Mr. Burggraaff's personal opinion is that CIP's should not be adopted by ordinance. He considers a charter to be somewhat like a constitution and local ordinances to be like State or Federal laws. A charter ought to cover the kinds of things that a city wants regulated in a lawful way and where if something doesn't happen according to regulations, the citizens have the opportunity to initiate some kind of action against the offending part. Resolutions are indication of Council intent or council action on something that covers a temporary period of time. The more appropriate way to address the 5 year CIP is as intent and adopt by resolution. Mr. Burggraaff referred to Public Service Program and stated that it would be extremely difficult to do what the charter is proposing. You are asking Council and Staff to make an estimate of future needs, the language is broad and includes everything a city does. It is a good idea to have an ongoing effort to be aware of future city needs as far as services, but it is extra- ordinarily difficult to put that together for 5 years and keep updating it yearly. It would be a horendous job. It would be the kind of program that would have a declining measure of accuracy. Suggested this kind of program not be included as a charter requirement and that it not be adopted by ordinance. There are other alternatives to accomplish your intent; the annual budget and the comprehensive development plan. Sometimes, the compre- hensive plan includes chapters on land use, transportation, financing policies, etc. That comprehensive plan is a better way of looking at overall public service program. Mr. Burggraaff commented that he has never seen a good charter that requires a Public Service Program. Chairman Heitman stated that the feeling he is getting is that planning is good but it is impossible to do so the citizens should not expect it; in other words 'no attempt is better than a feeble attempt'. Mr. Burggraaff stated that he doesn't disagree with attempting to do this, but this kind of requirement is not appropriate in a charter; there is all kinds of litigation being initiated in Minnesota every y~ar and I would be concerned that this very open provision would be opening itself up to all kinds of ques%ions from anyone who wanted to question it. No one wants a charter that will result in questions as to what the charter means. You could include such wording as 'City should make every effort to pursue future planning for operating purposes' CC/November 1©, 1983 Page 5 of 1i