Minutes - Charter Commission - 08/11/1997 - Special Meeting

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APPROVE AGENDA Consensus was to approve the agenda as presented. COMMISSION BUSINESS Case #1: Review Proposed Charter Amendment Chairperson Peterson announced that this special meeting is to review the proposed Charter amendment and make a recommendation to Council. City Attorney Goodrich noted Ramsey resident Ben Deemer's memorandum expressing disagreement about the Charter Commission being an advisory to the Council. Mr. Goodrich explained that, in State Statutes 410.12, it clearly states that the Charter Commission is an advisory commission to Council except when an amendment exceeds 1,000 words. It is Charter's responsibility to review the proposed amendment and make a recommendation if they think Council should go forward with it to the voters or not. Mr. Goodrich's memorandum to the Commission of his opinion on this proposed amendment is attached as "Exhibit A". Discussion ensued relating to the confusion of the language presented in the proposed amendment and whether or not the Charter Commission should present an alternate amendment for the voters. Motion by Commissioner Kiefer and seconded by Commissioner Mam to recommend to the City Council that the proposed Charter amendment be placed before the voters, highlighting the problems and ramifications of this language as follows: 1) It may be in conflict with the City's Comprehensive Plan; 2) It may be in conflict with State Statutes; 3) It may be in conflict with the Metropolitan Council's guidelines for development; 4) The language may be ambiguous and may be troublesome for the City to apply. The Charter Commission is recommending that Council should state that this amendment should not pass .... Following more discussion and amendments, motion by Commissioner Kiefer Commissioner Marn to withdraw the ~motion],,~ ~L Motion carried. Voting Yes: Chairperson Peterson, Commissioners Kiefer, Mam, Anderson, Spain Brist and Vogt. Voting No: None. Absent: Commissioners Donovan, Netzloff and Swokowski. Motion by Commissioner Kiefer and seconded by Commissioner Marn to recommend to the City Council that the proposed Charter amendment be placed before the voters, highlighting the problems and ramifications of the language, as follows: 1) It may be in conflict with the City's Comprehensive Plan; 2) It may be in conflict with State Statutes and public policy; and 3) The proposed amendment may be troublesome to interpret and administer because of some questions of ambiguity. Charter Commission/August 11, 1997 Page 2 of 3