Loading...
Newspaper Clipping - Newspaper Clipping Scan - Charter Commission attempt in 2000. - 1/1/2000C,ck( ter cp m neScri - C\e\olr ter Cp m, i'csn — EAGAN May 10, 2000 INDEX Opinion Page 4A Worship Directory..Page 24A Let It Be Known...Page 25A Calendar Page 27A Sports Page 28A Classifieds Page 1 B Judge denies charter commission for Eagan OPEn asks Judge Leslie That petition must bear the not take sides on issues, we can this legislative grant of authori- signatures of 10 percent of vot- only explain that the process is ty is permissive and I decline to Metzen to appoint ers who voted in Eagan's last flawed," Dean said. "For a city of employ it at this time." commission in April letter city election — about 2,700 sig- this size, home rule charter is a Metzen's decision was not natures in all. solid first -step solution." unexpected, said Eagan OPEn By Joshua Nichols According to state statutes, In her response to Dean's re- spokesperson Susan Widmar. Sun Newspapers residents could also ask the City quest, Metzen did not judge the The group was exercising one of Council to request the judge ap- merits of the argument for a the methods for forming a com- point such a commission. charter commission. Instead, mission and will now turn to pe- Despite a judge's decision not Eagan resident Michael she advised him to start a peti- titian efforts, she wrote in a pre - to appoint a charter commission Dean, chair of the process mon- tion if Eagan OPEn wanted to pared statement., in Eagan, the movement started itoring committee for Eagan Or- continue with the initiative. Dean and other supporters of by a citizen group may not have ganization for Process Enlight- "My decision is simply based home rule charter status said reached a dead end. enment (Eagan OPEn), sent a on my respect for the electoral they hope the process would A First Judicial District request to Judge Leslie Metzen process and the separation of allow residents to make changes judge has recommended that last month on behalf of the citi- powers that are the foundations to Eagan's form of government residents who want a commis- zen group. of our government," Metzen that would make it more re- sion established to look into The request came after wrote. "While it is true that sponsive to the public. whether Eagan should switch Dean's investigation into the [Minnesota statute] grants to from a statutory city to a home government process in Eagan. the district courts the power to rule charter city start a petition. "As an organization that does appoint charter commissions, CHARTER: To Page 1 1A 2A Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, May 10, 2000 Eagan City Council seeks community input on c Public hearing set for 8 p.m. May 16 in Eagan City Council Chambers By Joshua Nichols Sun Newspapers When Eagan Councilmember Peggy Carlson went door-to-door during her successful 1998 election campaign, the biggest complaint she heard about the city was the number of candidates in the election. "People were saying, `There are so many of you, who are you?'" Carlson said. "In many cases, they told me that they just didn't know much about each candidate and with so many did not sALEs2299 "sz94s What's next What: Eagan City Council public hearing on possibility of city primary When: 8 p.m. Tuesday, May 16 Where: Eagan Municipal Center, 3830 Pilot Knob Road Information: 651-681-4600 have a chance to get to know them bet- ter." That is why Carlson thinks the city should look closely at the possibility of setting up primary elections for city elections. 3 Days Only! MAY 12.1114 Mother's 0R Mo �r Sunshine Clubhouse II SAJ1999 PLUS Da. & /NSTL. G49 "I think the primary process allows local candidates to be the front run- ners in the process when they might be overshadowed by a huge presidential campaign," Carlson said. "The hoopla really begins after the primaries for the state and federal races, and this would allow us to the front runners for a while." Carlson made her views on the issue heard at a workshop meeting last month. Mayor Pat Awada, who was first elected to the council in the last odd - year election the city conducted, said she has always preferred having the city elections in odd years. That way, the elections wouldn't clash with state or federal elections and would receive more attention. READY FOR A 149! or Features 27.2 cc Quad Power'° engine, upright fuel tank, and a liohtweightl 018C 14' bar Ho' large for th get to "T1 it, an those, back said. ' seconi have Cot he wa of city his mi If t prove early Thf tion it Cot Beal] shouh issue Thf go all( May1 Car memb in a p that v be se] would ballot T.. 5 G 41-N%\4e4.' Eagan to voton h home Home -rule charters are common among county seats and Minnesota's largest cities. New•Prague and Northfield have them. Now Eagan voters will decide whether to drop the statutory system of governance that has seen the city through its first 30 years in fa- vor of a charter. The biggest change: The City Coun- cil, now composed of five members elected at -large, would grow to seven members, with four represent- ing newly created wards. • An advocate and an opponent give their take on . . the pros and cons. Page S17. --s.�• 3 F: I.l. nru-;i rnnnnn ncaicnnW,.I ,r rrMIMIC .cvrrr Chandra Akkari, Copy/layout editor, 612-673-7245, cakkari@startribune.com Dylan Belden, Copy/layout editor, 612-673-4094, dbelden@startribune.com Tom Ford, Reporter, schools, 612-673-7460, tford@startribune.com David Gustafson, Copy/layout editor, 612-673-7739, dgustafson@startribune.com Nicole Harris, Reporter, sports, 612-673-7252, nharris@startribune.com Shira Kantor, Reporter, communities, 612-673-7275, skantor@startribune.com Renee Jones, Photographer, 612-673-7225, reneejones@startribune.com Star Tribune South Fax, 612-673-7295 Advertising Department, 612-673-7777 Circulation Department, 612-673-4343 Wednesday, October 20 . 2004 MO IMMO [WS ATIB.00 OUT}U Eagan charter decision near A proposal to adopt home rule prompts strong arguments in the Dakota County city, where politics can be a contact sport. • When. Eagan votes Nov 2 on whether to adopt a home -rule char- ter to govern the city, residents will behaving their say in a fray that .dates to' at least 1999. Like most Minnesota cities, Eagan is now organized following guidelines set forth in state law. The charter essentially would be a city constitution that could be amended by residents. The charter would reorganize the City Council and shift more re- sponsibility for day-to-day management.frorn the council and city administrator to a city manager. Certain types of ordinances would be subject to a referendum. Paul Bakken is a former Eagan City Council member and a critic of the proposed home -rule charter on the Nov 2 ballot. Betty Fedde chairs the Char- ter Commission. ISSUE: The charter would create what advocates call a ."hy- brid" system of representa- tion,with four City Council members elected from new- ly created wards and the mayor and two other council members elected at large. The charter would replace the city administrator with a city manager who would be responsible for budgeting and personnel decisions., The charter would create, a process for citizens to seek a city-wide referendum, when, they don't agree with the council's actions: (ON: PAUL BAKKEN Back in 1999, a former City Council candidate was charged with forgery and criminal defamation for distributing a false letter under the signature of Mayor Pat Awada, who is now the state auditor. Out of the rift between supporters and opponents pf Awada's ,_administration arose Eagan OPEN'•(Organization for Process•En-. lightenment), which called for more openness and accessto city government. The Charter Commission was a result of a,petition, drive by Eagan OPEN, a connection that led charter critics to say the commission was biased from the start. The full Charter Commission proposal is on the Eagan Web site at www.ci.eagan.mn.us. For more on rules governing cities, see the League of Minnesota Cities Web site'at www lmnc.org. Web 'sites with varying views on the proposal: wwwch'arterforeagan.com, wwweagancharter.com, and www.eagan-no-charter.org. . Polls will be open from 7 a.m..to 8 p.m. Nov 2. Hybrid system is the. "worst of both worlds." Nq mechanism to measure whether change would produce better rep- resentation. Under current system, full council answers to all the citizens. Draw- ing ward'boundaries that give each citizen an equal voice,is difficult. The City Council now'delegates functions and tasks to the city administrator and department heads, producing a budget that is the product of the council and a "chain of responsibility" direct to voters. "Poorly drafted" provisions can leadto delays of up to two years inresolving dis- putes: Too much power for petitioners' committees; uncertainties make busi- ness community uneasy. PRO: BETTY [EDDE' Balances the positive aspects of at -large and ward systems of representation; council members representing wards are more familiar with the needs of the neigh- borhoods they represent. Current sys- tem hasn't'changed since the city, now' with about 67,000 residents, had only 10,000. • Takes part-time council members outof the process of hiring and firing employ- ees. Personnel management is placed in the hands of trained professionals, reduc ing concerns about liability for decisions. "Well -crafted" process has safeguard to ensure disclosure of financial implica- tions of referendums and safeguards to prevent small numbers of people from ty- ing up city business. room program , social and ifted children ills. ncept Learning d, Caring Teachers , November 16 & , December 6 e Middle School t 106th Street ton.k12.mn.us, 438 STO Wednesday, October 20. 2004 WWW.ST4RTR16UN(.(OM/SOUTH Those most at -risk top counties' flu shot concerns South metro public health officials counsel patience as vaccine is redirected. Guidelines for who should get shots are being followed. available for patients in nine nursing homes that did not re - Scott County public health ceive vaccine. The two other officials surveyed health provid- nursing homes in the county ers and turned up about 2,700 received vaccine, officials said. doses of vaccine. Public health For information on where to officials were confident enough get a flu shot, Dakota County of - vaccine was available for the 290 ficials advised first checking with residents in nursing homes. The your doctor. Ca11 952-891-7999 county canceled its own clinics, for county information. County which provided just under 1,100 public health officials were ask - shots last year. ing businesses to contact them Noreen 1Qeinfehn, the Public regarding vaccine supplies that Health Department team leader could be redirected to high -risk for disease prevention and con- residents. No Public Health De- trol, said residents seeking a flu partment clinics were planned shot should first contact their before November. family doctor. For those going to clinics, she advised: Go early, Rice County prepare to wait in line, and pre- As in other counties, nursing pare for limited availability. homes in Rice County were hit Learn more by choosing hardest by the reduced avail - the flu vaccine update link at ability of flu vaccine. However, www.co.scott.mn.us or by call- supplies received by the Rice ing 952-496-8555. County Public Health Depart- ment will be sufficient to vacci- Dakota County nate the highest -risk residents Dakota County health offi- — patients in hospitals and cials found about 33,400 doses those in nursing homes (440 of vaccine in the county when beds), assisted living and other they surveyed health care pro- care facilities for the elderly, said viders just after news of the DianeWinkels, the department's vaccine shortage broke about home care supervisor. two weeks ago. The county it- Rice County Public Health self had ordered only about 850 received about 2,000 doses of doses because most flu shots vaccine. A survey found an - are administered by the pri- other 4,700 doses at clinics in vate health care system. The Faribault. The county itself ad - county received about half of ministered 1,716 vaccinations at what it ordered, plus 400 dos- public flu shot clinics last year. es for children under a federal It is continuing with a schedule program that directs vaccine to of public clinics this year but is needy families. following "to a T" state Health Clinics and hospitals that Department guidelines limit - had most of the available vac- ing shots to those most at -risk, cane were cooperating with ef- Winkels said. forts to redirect it, leading public For clinic schedules, go to health officials to feel confident www.co.rice.mn.us or call 507- that enough vaccine would be 332-6111. Scott County . FLU GUID[ Scarce supplies of flu vaccine are going to those at greatest risk of complications, includ- ing young children, older adults, adults and chil- dren with chronic illness- es, pregnant women and nursing home residents. FLU PREVENTION TIPS: Cover nose and mouth with a tissue when coughing or sneezing > Wash hands often Stay home when sick Le Sueur County Finding vaccine for about 200 nursing home residents was the first order of business for Le Sueur County public health officials. All three of the county's nursing homes, three of five medical clinics and the county's only hospital did not receive vaccine. St. Peter Clin- ic, Le Sueur Clinic and Waseca Clinic, all in the Mayo health system, volunteered enough vaccine to cover the need at the nursing homes and two as- sisted -living centers, said Cindy Shaughnessy, public health di- rector. The county canceled its flu shot clinics. It was redirect- ing its supply — about 400 doses on hand, with hopes to receive about 400 more — to the Parkview, New Prague/ Montgomery and Southern Metro clinics and to about 50 home care patients. The coun- ty administered about 1,400 shots last year. Waterville and Le Sueur clinics, both in the Charter commission s Commission meets for first time as they'begin.learning about -charters, mission :::_ By Joshua Nichols - Sun Newspapers. ,_ ' city government: ' "I think this gives,us a chance to look at what's best for'the'•city;'.said Sherie Wallace;; an•Eagan resident andd-a mem- - ber 'of Eagan's first Charter. Commission. The. members' of.:the charter' commis- sion had their- first meeting April 18 as they" begin; work .on deciding first whether Eagan needs a charter and:if so, The:group of 13 men and women; most ..what that charter "should. include: The of whom had never met each other; min • charter would lay down the rules of gov- gled'around a set of tables in the Eagan ernment for the city and serve_ as a city Municipal Center introducing them-; constitution._ Thecharter also could allow selves: Then,,no longer strangers, they, for a larger council; place limits on the began a process that could shape Eagan council's ability to spend taxpayer dol- • lays, and set up a process to' allow'for•theg- 1ydeeded,Tsaid:Patrick:Geagan;=Eagans recall of council members-Or;gorin any; : formerpohce chief- aid member of the: other direction thecharter commission a commission. Tdon't believe in..change sees fit:.. - _ just for the ,sake' of change It has to:be Before making any of those decisions meaningful:" a .r though; the 13 commissioners faced,more Wallace: -and. Geagan were. joined '..by :pressing issues: setting ups their.meetings the. 11 other commissioners appointedby and educatingthemselves about exactly, First Judicial District Judge Leslie Met - what charter commissions do. Bonier *of the zen•in papers filed:in court March2l.:The commissioners said they .had ideas they ` appointments came after: Metzen accept - woad like to see'workedinto •Eagan city',; , ed a petition troth 'Eagan OPEn;bearing government, while .others -said' they were : : = the names ofmore than 850, Eagan resi startingthe process with an empty:slate. dents "This gives us a good opportunity to make changes to our city_if they areaeal- CHARTER: To• Page,9A ._ district list serve to which peo- ple can subscribe for frequent district updates by email. School Boardmeetings: •. Earlier start time to -allow for increased public discussion Rep.. Gerlach's bill needs support To the editor: • I am writing to urge support - of an education funding bill that state Rep. Chris Gerlach has ,in-: vi rags. ! • Continuation • of public input opportunities: E Superintendent's meet- Round -table sessions. with • Publications — s ur - dard districtwide publications include a quarterly newsletter for parents_ and other residents (Spotlight); newsletters for em- ployees (Calico and Board. Up-' education officials, and cityand county officials. • Advisory councils — The fol- lowing district -level advisory councils made, up of parents, LETTERS TO THE EDITOR the formula so that all students ' to view a detailed power -point are treated equally. Under cur= presentation of Gerlach's bill. rent law for, fiscal. year 2001, - You'll see that the bill doesn't -. District 196 receives a mere just benefit suburban districts, fraction of that of the .Min- but the vast. majority of rural school districts as well..I also neapolis, St.: Paul. and, Duluth school districts. The leastquali- fying district in.the state will re - urge you to call or e-mail Rep. Gerlach to thank.him forstand- ered by insurance. They are the ones who need to be praised for 'working day and night to ,put their neighborhoods back to- gether. What would have hap- pened if .those whose homes were •damaged just.;walked off and left their homes to be mmunications Spe- cialist•Tony.Taschner.by phone at 651-423-7775. - John T. Haro is the superinten- dentfor .Rosemount/Apple Val- ley /. Eagan'School District 196. dards. Now I find lout that no concern was given to the neigh- borhoods that had been there first and some of these flooded' neighborhoods have .been in the city much less than 10 years. I also found -out that -many flood; victims had been calling,the:city Charter From Page 3A Besides Geagan and Wallace, Eagan residents Doris Dahline,- Margo Danner, Michael Dean, Betty: Fedde, Patricia Hurd, Gunnar Isberg, Robert Kane, Thomas king, Alvin Stafford, Susan Wid- mar and Gregory Wilken were chosen for the commission. • According to state statutes, "as soon as practicable after.appointment", the com- mission should deliver a report to the city stating that either a home rule charter for the' city isn't necessary or desirable or. a •draft .of a proposed charter. _In either _ case, the report must be signed by a ma- jority of commissioners._ '.. . Once a commission decides to seek charter .status, •it presents the charter draft to the public through the city for a' vote: • He said older communities have. been able to develop that sense of community. and identity as.they.grew •over•years. "In Eagan 'we have so fast over the past 20 years that we haven't had the time :to slow down and look at who we want to be," Stafford said. "We have let The city could become a charter city ter is not necessary or desirable for • others tell us how things are going to be only if a majority of voters approve the Eagan, the: commission maybe dis and it's' time we change that and play a draft. charged by a vote of three -fourths of its bigger role in deciding what we want our In Minnesota, 107 cities have char- . . members. After that another commis- city to be." ters.-Overthe course of the commission- " sion cannot be formed for at -least anoth-. The . commission is next tentatively ers' work, they plan to bring in officials er year. from those cities and other experts on . Stafford; who was chosen as "interim charter cities to build up a background . convener" for the commissioneas sets its for their own task. ground rules, said he applied for the com- • • State• law restricts how -much money Can he provided to the commission by the city for expenses such as an attorney to helpdraw up the charter and printing ex- penses. Members receive no comperisa- tion and. the most funding they can 're' : ceive from the city is $10,000. .If the charter commission members decide during their meetings that a char - mission because he felt the city lacks the sense of'community seen in older cities.. scheduled to meet. from 7 to 9 p.m.. Wednesday, May 9, at the Eagan Munici- pal' Center, 3830 Pilot Knob Road, and plans to meet every two weeks as com- missioners familiarize themselves with • their 'task. 111111111111111 - 651-452-8225 , IAl participating locations only. Please present this ad at time of service. Not good in conjunction with any other.coupon/offer for SC t7 the same service. Hazardous Waste Fee extra. See Center Manager for details. Offer expires May 12, 2001: Tired of throwing your weight around? American Heart Association Fighting• Heart -Disease and Stroke • Banquet at Royal Cliff in Eagan. :Students` will receive recognition in four categories: curricular excellence, leadership, special achievement and vol- unteerism. Nominations :for the banquet arise from parents, teachersand others close to students throughout the year. "From past experience, I-'ve noticed that some. of [the students recognized] are the very kinds of students you'd -ex pect would be recognized, such as top ath- letes and top students," said District 191 Superintendent Ben Kannineri. ' "But the nice thing is there are' other students who don't get quiteas much at- tention, but who are involved in other ways that greatly benefit the communi- ty. Their contributions are very impor= tant." • The students honored at the banquet haveaimedfor excellence inmany areas, •• . nd extra school, but bythe community, of the im- portance of achievement and striving for success," Kanninen said. "It's a way for the community to reward those. students who have excelled, and it'deliversa mes- sage to students and families -that doing well in school and_ achieving beyond - school is important " The banquet's keynote speaker is Shari Prest, who for nearly a decade .served as a director on the District 191 Board of Education. Prest's own three children have been honored at the ban- quet in past years. "It was really a meaningful recogni- tion," Prestsaid. "It encouraged the kind of people they wanted to be. It demon- strates so many of the things students have the capacity to contribute." - Prest said she will talk about the char- --acteristics the students have exhibited " • • `nflu :r Sr rga o`f tic `I' Charter Commission's future up in the air Commission to wait until February to discuss, vote on dissolving itself BY JOSHUA NICHOLS Sun Newspapers The future of the Eagan Charter Commis- sion will be on hold until next year. The commission's first meeting, since the Nov 2 defeat of its proposed charter, was pri- marily spent discussing the commission's an- nual report. However, commissioners also dis- cussed the future of the commission during the Nov 10 meeting. "I think we could all use a breather," said Commissioner Eric Hedtke, after suggesting the commission wait until February to dis- cuss whether to dissolve the group. "It would give us a chance to collectively catch our breath and look at it with a clear head." Other commissioners agreed, setting a brief December meeting to approve the annu- al report and then taking a month off until February to discuss the future of the commis- sion. In the Nov 2 general election, Eagan voters defeated the charter proposal with 25,080 vot- ing against it and 6,159 voting for it. Even if the commission had decided to vote during the meeting whether to dissolve itself, it wouldn't have likely succeeded. A three -fourths vote is required to dissolve the commission. CHARTER: To Page 19A www.mnSun.com Apple Valley/Rosemount, Eagan Sun•CurrentlThursday, Nov. 18, 2004 19A Charter From Page lA With only 11 members out of 13 mem- bers there, all but one of the attending commissioners would have had to vote for dissolving. Several commissioners said they weren't prepared to vote for dissolution at the meeting. As the meeting was closing, Commis- sioner Michael Dean presented a map he had drawn up of what precincts gave the charter more support than other precincts. Dean's information showed that the areas around the Mary Jo Copeland Gift of Mary site, the Eagan Community Cen- ter and areas where the commission went door to door saw higher support of the proposal. "I find the numbers very encourag- ing," Dean said. "It's something for us to build off of." The commission also spent a few min- utes discussing whether to pursue po- tential election concerns, including the city's failure to publish correct notifica- tion and the disclaimer the city ran be- fore the legal notice. However, the commissioners came to the consensus that none of the issues were significant enough to pursue fur- ther. As they reviewed a draft version of the annual report they will submit to Dakota County District Court Judge Richard Spicer, the commissioners also spent time discussing the commission's difficult relationship with the city of Eagan. "There definitely was an adversarial relationship established between the commission and the city," Commission- er Bart Schmidt said. "I think that's part of it and should be included in the re- port." Commissioner Patti Hurd said that experience needs to be something the commission keeps in mind if it contin- ues its work after the February vote. "We need to work on that relationship and continue to educate the voters," Hurd said. "We need to look at what we can learn from this process. That rela- tionship has hampered us and we need to see if we can bridge that gap." The commission agreed to keep the annual report to a factual listing of what the commission's actions were over the course of 2004 and also include another narrative piece outlining some of the other issues. That report will be approved during the commission's 6:30 p.m. Wednesday, Dec. 8, meeting at Wescott Library, 1340 Wescott Road, Eagan. The February meeting is tentatively set for Wednesday, Feb. 9. For more information on the Eagan Charter Commission, visit www.char- terforeagan.com. S C r etfr !c)V/2') o o 9 Eagan sued over Carriage Hills decision Suit says city deprived owner of `economically viable' future for property BY JOSHUA NICHOLS Sun Newspapers The Eagan City Council may have knocked a housing develop- ment for Carriage Hills Golf Course into the rough earlier this year, but the developer and course owner are hoping to chip out back into the green. Eagan -based Wensmann Real- ty and golf course owner Rahn Family LP filed a lawsuit against Eagan Oct. 26 for rejecting a pro- posal to develop the 120-acre course into an upscale residential subdivision. The suit asks the city either re- verse its decision or condemn the property. It accuses the council of depriving the failing 18-hole course of an "economically viable" future by refusing in August to change the land -use designation from park to low -density residential. John Baker, an attorney with the Greene Espel law firm, is rep- resenting the city in the suit. He said the plaintiffs' argument holds no merit. "It sounds like the property owner is desperately try- ing to convince the court of what they tried and failed to convince the City Council and the Planning Commission of," Baker said. "The notion seems to be that since the golf course was losing money. the city should change their law on that basis and that argument is wrong." An attorney representing the plaintiffs did not return a phone call for comment. Wensmann was seeking to build 480 units on the property, including a mix of single-family homes and townhouses. It was the second de- velopment proposal for the 40-year- old course over the past eight years, with neighbors successfully opposing the earlier attempt. m y o o 0 V) o�a)0.0•� a+, ay, j a��a 3 �a)ai 5�0"as � aa4a a)��� a) y •O ..` ), E y O a) U b �� a)Uoa) ^�1 oc'4aa)i RS O co U W +.i d � Ty o co a) anC7b t' a) .5 a) ° -d ct .x E Cq d i], N a) O .E v) ct v) s, o-zy �,.' Cr6)iccC n ctS °:��a�¢.�o o0 oa -' o C ca .no b °D� zW d ° m• x p o a uaa -cppcaa) a) 2a 04A5oa) ,a) . °dH • � ° 4 aai m o°no a▪ ) ▪ tto ao-I'CId cc o 3co . cas v) N 0° x U 0• 4 4 .= 3 c� O U j~ O ) �� coax-'''7:5 �a �a) CA Aa) ca C.73d�U a� .O f•'-. U a) a fa. a) a) 3 CC") .�, U N frt From Page 1A LAWSUIT: To Page 19A 3ut n IA (Ten I l\%D✓ l � apO4.71 EAW for Diamond T proposal open for public review City will accept comments in writing through Dec. 8 BY JOSHUA NICHOLS Sun Newspapers An environmental study for a pro- posed residential development on the former Diamond T Ranch is available for review. In response to a petition from adjacent property owners, the Eagan City Council ordered preparation of an Environmen- tal Assessment Worksheet (EAW) to as- sess the potential for environmental im- pacts of the proposed project. Toll Brothers Inc. proposes to develop the 38-acre former Diamond T property with 36 single-family homes and 73 at- tached townhouses in clusters of four to eight units. The property neighbors Lebanon Hills Regional Park off Pilot Knob Road north of the Apple Valley bor- der. Former use of the site resulted in placement of demolition debris and ac- cumulation of animal waste, both to be removed and remediated prior to con- struction of the homes. Besides the manure left behind from years of use as a horse ranch, the site also includes petroleum waste and con- struction debris, including remains of the old Metropolitan Stadium dumped on the site illegally in the 1980s. The EAW also outlines the removal of trees from the site, many of which are diseased or already dead. "Approximately half of the site trees are in a stressed condition and are im- pacted by oak wilt and the two -lined chestnut borer," according to the EAW. "A significant number of trees are dead, dying or stressed as a result of flooding, manure concentration, disease and in- sect -related damage." Trees will be maintained and planted on the site in compliance with the city's tree ordinance and the Tree Mitigation Plan. The document also calls for the inclu- sion of certain design factors to enhance the site for use by Blanding's turtles, a state -listed threatened species that has been seen within neighboring Lebanon Hills Regional Park in the past. The EAW also noted that a detailed traffic study showed that the develop- ment wouldn't affect neighboring arteri- al roads, such as Pilot Knob. That study included two development options. One limits access to the devel- opment to an entry off Pilot Knob and another option adds an additional access by connecting Wellington Way, which currently ends in a cul-de-sac at the west end of the Diamond T property, through to the development. Neighbors have op- posed connecting Wellington Way. "The analysis of the internal neigh- borhood street system indicates that as many as 425 daily trips may use the Wellington Way/Steeplechase Way con- nection," the EAW reads. "It is suggested that if option two is adopted, traffic calming measures should be considered to maintain the safety and neighborhood integrity for the residents along Welling- ton Way." The EAW comment period began Nov 8 and will end Wednesday, Dec. 8, as pre- scribed by state law. Copies of the EAW are available for inspection at Eagan City Hall, 3830 Pilot Knob Road, Eagan, as well as at Wescott Library, 1340 Wescott Road, Eagan. The EAW is also posted on the city's Web site at www.cityofeagan.com. Enter Diamond T Development Update in the search box and click on View EAW Re- port. Written comments received by the city during the comment period will be considered by the City Council in mak- ing a decision as to the need for further environmental study. For further infor- mation, contact City Planner Mike Rid- ley by calling 651-675-5650 or via e-mail at mridley@ci.eagan.mn.us. Eagan voters reject charter Commission was to meet again Nov 10 BY JOSHUA NICHOLS Sun Newspapers Although members of the Eagan Charter Commission knew going into Election Day that pass- ing the charter proposal was dicey at best, few could have imagined how badly it would fail. "I was disappointed that it did- n't pass, but I can't say that I was shocked," Charter Commissioner Eric Hedtke said. "Given the viru- lence of the opposition, I knew it didn't have much of a chance, but I didn't think it would fail that badly." Eagan voters defeated the pro- posed charter by an 80 percent margin, with the `no' votes total- ing 25,078 and the `yes' votes com- ing in at 6,159. "I think it was a very clear an- swer," said Paul Bakken, a former Eagan City Council member who formed the Eagan Charter Initia- tive Project to oppose the propos- al. CHARTER: To Page 13A II I LINOI CO Pil the sl JOIN MGM Receive a sturdy nylon bag ter] personal ID tag with your nam Drop it off and we'll process you You'll AUTOMATICALLY r 20% ON DRY CLEANING Save even more time by having When you pick-up your order, www.pilgrimdeaners.c QUALITY www.mnSun.com Apple Valley/Rosemount, Eagan Sun•Current/Thursday, Nov. 11, 2004 13A Charter From Page 1A "I don't know that I've ever seen an election issue or ballot initiative in Eagan election history get defeated so soundly." The vote means Eagan will remain a statutory city that has its authority es- tablished by the state Legislature. Of the state's 852 cities, 107 are charter cities. The charter proposal called for four main changes to Eagan's city govern- ment: • Adding two more council members to form a seven -member council. • Switching to a city manager style government. • The mayor and two members would have been elected at -large, while four members would have represented four wards to be created within the city. Cur- rently, all council members are elected at -large. • Voters could have rejected ordi- nances adopted by the council through a referendum. However, that power would not have extended to the budget, capital programs, zoning, taxes and city employee salaries. Bakken said going into Election Day he was confident the opponents' mes- sage had gotten out and that the propos- al would fail, but he didn't think the margin would be so high. The proposal did not garner more than 27 percent support in any of the city's precincts, ranging from 73 percent to 86 percent `no' vote totals throughout the 21 precincts. Sherie Wallace, who formed the No. Charter Action Committee, said the margin the proposal was defeated by should be a messag* to the Charter Commission. "I think it would not be an easy thing to do," Wallace said of the commission bringing another proposal forward` tb voters. "I think the voters' reaction is a mandate that changes aren't neces- ary." She said her group is looking into whether the commission's bylaws don't call for the commission to dissolve after the proposal was defeated so soundly. State statutes allow for the Charter Commission to dissolve itself by a two- thirds vote. That margin also gives residents a reason to appeal to the Dakota County District Court judge who established the commission that the commission is no longer needed or wanted, she said. Hedtke said the commission's efforts to educate voters were hampered by misinformation put out by charter op- ponents as well as the limited time be- fore the Nov 2 election. "In hindsight, we probably needed more time to give citizens a chance to get familiar with the charter," Hedtke said. It was also especially hard to educate voters when they were also caught up in a closely contested race for president, he said. The commission was scheduled to meet for the first time since the election at 6:30 p.m. Wednesday, Nov 10, at the Wescott Library, 1340 Wescott Road, Eagan. Hedtke said he didn't know what the commission would decide to do because the commissioners hadn't spent much time discussing what to do if the pro- posal failed. The commission's last meeting was Oct. 20, where it focused more on educational efforts, he said. One problem opponents identified about the charter proposal was the process it outlined for giving residents the chance to reject ordinances adopted by the counciLthrough a referendum. If the charter proposal had passed, five registered voters could have started the process by starting a petition. Those five voters would have then become the "petitioners' committee." The council then would have had 40 days to either repeal the ordinance or negotiate changes with the petitioners' committee. If neither had been accom- plished at the end. of that period, the council would have then submitted the ordinance to the voters at either the next citywide regular election or at a special election within one year. That feature was lifted directly from the city of Plymouth's charter and the com riission.didn't give much discus- sion to concerns that it could slow down the process and cause rival groups to continually petition the city for change, Hedtke said. "That's something that should be looked at more closely if another char- ter proposal is drafted," Hedtke said. "We looked at it as good way to save the city from the extra expense of many special elections." "I think in a way it had something in it for everyone to hate," he said. "The biggest problem though was its propo- nents had the obligation to provide a reason to make such a big change and I don't think they ever did that." Bakken and Wallace both said their groups would stick around at least for a little while and would start up again if the Charter Commission decided to draft another proposal. "Our feeling is still the same," Wal- lace said. "The city as it is now has a very effi- cient and effective government and there's no need to change that." Once voters were educated on the issue, they tended to support the char- ter, Hedtke said. He recalled having peo- ple approach or call him to ask him questions about the charter. After he an- swered their questions, they always came away supporting the effort, he said. "That is one encouraging thing about the process we went through," he said. "If I had to hang my hat on anything it would be that." Wallace said Eagan voters realized that things are going well in the city as it is and the charter was a solution in search of a problem. "We feel that once people were re- minded of the benefits of living in the city and of the good government, they realized things were going pretty smoothly," Wallace said. "They just needed to be reminded of that." The charter failed because it had sev- eral problems, Bakken said. 14A Apple Valley/Rosemount, Eagan Sun.Current/Thursday, Nov. 11, 2004 CPI 'lice Up domes for Schlor Enterprises !a 612-695.5390 Custom. Christmas Lights.. CaI1 now about 2004 lighting & receive an early discount! "m FREE ESTIMATES/SENIOR DISCOUNTS WE PROVIDE & STORE EVERYTHING +� NO MORE TANGLED CORDS MATCH COMPETITORS PRICES fI VIA ♦11 www.mnSun.com Fall & Winter Specials on Siding, Windows, Soffit/Fascia & Gutters. No payments or interest for 6 months. MINNESOTA EXTERIORS INC. The Siding and Window Specialists 763.391.5505 www.minnesotaexteriors.com lic#2877 Liberty Painting & Maintenance Inc. Interior Painting & Remodeling Drywall • Staining • Carpetry 952-472-9242 4i =' INTERIOR SPECIAL 10 % C)FF UP TO $300. Any And All Home Repair AWARD WINNIN DESIGNBUILDE 651-456-9559 24 yrs. experience Lic.# 6065 Additions, Kitchens, Porches, Decks, Basements Personal Service from Start to Finish A n rnuTn a /TIM" ustk Nil '211 xck. Charter commission in Eagan is a bad idea S To the editor: Once again, the Eagan OPEN group is complaining about Eagan's city government, the lack of process and the need for a charter commission. I contend that Eagan OPEN is a small faction who cannot come to grips with the fact that their candidates did not get elected to City Council or mayor. Eagan does not need a char- ter commission. It creates more government, increases the power of government and costs more. The people of Eagan have spoken with their votes in the last election. The electoral process works fine and will work even better with a prima- ry. If the citizens of Eagan are unhappy at election time, it's up to them to make the changes. Unless the City Council is breaking the law, my suggestion to Eagan OPEN is to take on some other issue. I urge people not to sign the charter city peti- tions. Eagan is a great city with excellent city staff. Let them continue to do their jobs. GARY CRAWFORD Eagan clears the Legislatures timelines are established in the bill. Additionally, school boards to' can grant waivers under the bill s- to current ninth and 10th graders 'of on Profile requirements, holding t ed the students "harmless." he The Profile left the Legislature as it came in: divi- d le sive. n - House Majority Leader Tim . Pawlenty characterized the bill e . as cosmetic." "We did get a reform — not as substantial a reform as I'd 1 like," said House Speaker Steve Sviggum. - But DFL leaders accused al Republicans of dragging their. feet on the Profile. House Pri Minority. Leader Tom Pugh said Ho a small group of House .mi reforming the Profile. • The House -and Senate lead- ers made their comments at press conferences May 18. The Senate on May 17 sent wo Profile bills over to -the House, one incorporating the North Star Standards that school istricts could adopt as an alter- ative to the Profile. The other bill contained just Profile reforms. On a 80 to 46 vote, the House approved the latter bill, -. later rejecting the bill with the North Star option by a'27 to. 99 vote. The bills prompted emotion - debate on the House floor. - Rep. Sondra Erickson, R- nceton, an alternate on. the use Profile conference com- ttee, questioned hat would Tillage green -lights Eagan charter commission First Judicial District Judge. Leslie Metzen approves Eagan OPEn petition -. By Joshua Nichols Sun Newspapers Eight 'months after a judge' suggested Eagan OPEn members turn to petitioning in their charter commission effort, the process came to an end last month with the same judge accepting the group's petition and set- ting thechartercominissioi. process in full swing. First Judicial District_Judge Leslie Met- zen allowed a petition from more than 850 Eagan residents to stand Jan. 26 ,and agreed to appoint a 13-member charter commission for Eagan. In making her. ruling, Metzen asked the city to collect applications for the commission, which would then be forwarded' to her, for.consideration. "It: was reallypretty fun," Eagan OPEn founder Susan Widmar. said of the proceed ;_ ings: "It was a very reserved occasion, but the situation obviously was celebrated after' the effort we put into it." The citizen group turned in the petition to Metzen the day before the Nov: 7 General; Election. Although the number of signatures • • on the petition represents more than 10 per- cent of the Eagan voters who cast a.vote in the September primary election, Metzen had to decide whether the primary election met the state standard of the last "regular city election."'- - • Eagan OPEn representatives argued that' because state law does not specify Gen- eral Election, the standard applies to either type of election. Metzen agreed by allowing: the petition to stand:. CHARTER: To Page 20A • Bonnie & Conny Christensson - V inneapo is (763) 533-8309 or toll free: 1-877-NoniAds Independent Distributors of TAHITIAN NONI®juice and the amazing Chi Machine® & Hot House® for your better health. Astounding results for young and old alike. Serving the Twin Cities and the world. Credit cards welcome. Purchase online. Healthy Living Technologies www.EcoQuestlntl.com Free 3-Day Trials! Alpine air purifiers, Ceiling Fan w/built-in air purifier, Water purifiers. Call for Free Catalog. EcoQuest Dealer 952-435-7026 Lakewinds Natural Food and Home www.Iakewinds.com 952-473-0292 Lakewinds is a member -owned co-op, and is open to the public. Our site contains information on food safety, recipes, and products. Shop on-line for healthy home products. Search forclasses on natural foods. cooking, gardening and heahh and welliness. www.mn5un.com • • your next car here! otkswagon, TI INTERNET OPPORTUNITIES ZigOnline www.zigbiz.net/cashflow Zig Ziglar's new personalized "Success -On - Demand" system changes your life in ways you've never dreamed possible! Is this the GROUND FLOOR OPPORTUNITY you've been looking for? New Vision International, Inc. www.nvionline.com/tigerteam 952-745-4976 Refer and market this impressive line of nutritional and personal care products. Develop immediate profits, part-time or even full-time income. All from your own home. 7 - - Reel Slots, Blackjack, 60 Room Hotel MARTIAL ARTS East Asian Martial Arts http://fendos.tripod.com/studio/ 952-431-1399 Newly Opened. First Month Instruction Free. Chinese T'aichich'uan & Kungfu. Korean Taekwondo. At Junction 35E and County Rd. 11 in PDQ Plaza. CLOSET DESIGN Catena Built-ins www.CatenaBuilt-ins.com "Storganize! Save 30-50% on custom closets. You measure — We design and install." Wild www.wil Everythin training to to Elvis c En- T' TT • 9 • ft Dr. D UGLY On your (763) 56 To advertise on this page, please call Sun Newspapers at (952) 829-079; 20A': AppleValley/Rosemount, Eagan, Sun CurrentdWedriesday, Feb:7, 2001 Charter From Page 1A. . "While I didn'.t have any objections' to was something that was more appropri ate to look at in the review of the city gov- ernment that 'a charter commission would provide," .Widmar said. "So it's ironic and fitting that we would meet •the requirements based .on that election.. Mayor. Pat Awada said: she. supports the idea of having a neutral group review - city government. -. • having a primary election; I didthink it • • • ernment • would be run,. including' - whether it has a. strong or -weak mayor, syfo ra. The charter also could allow foa larger council, place limits on the noun- ' cil's ability to spend taxpayer dollars, and set up a process to allow for the recall of, council members, or go in any other di - rection the charter commission sees fit. tions will be • 'forwarded to Metzen, Once a commission decides . to: seek Hedges said.. . ' charter' status, it presents the, charter Widmar said she: "would` certainly draft to the -public for' a vote. The city apply" for the charter commission and said not doing so after the effort put into • the charter commission petition would be a disappointment to' other Eagan OPEn members. _ a "It's nice to know that we still -have an -. avenue for having smaller -yokes heard in "The idea of a neutral review is just since each charter city. draws up its own . • : our' community,"` Widmar ;said. "It's im fine byme';"Awada said: "In the end there charter Awada said there are .some, portant to understand what this means • will be a charter 'commission appointed , givens. • .1 though. It is not a reflection. on the cur- by.the judge and it will be their job to rec- "Many large -cities have itand they rent administration -or any past adminis ' ommend whether Eagan needs a charter have generally been able to do more trations, but a look forward to what fu=. , and what could be :part of that charter. things because they, write their own ture administrations should be. It's not a The final decision, of -course, will rest - rules,"" Awada said. "I am an advocate of ..coamentaryat all on the personalities in with the Eagan voters:" limited government and don't like the city government." Supporters say; changing ;to a charter 'idea of giving cities more power. There For an application, stop by the Eagan • ' : form of government would make the • are benefits to having a charter`and there: Municipal Center .3830 Pilot Knob Road, Eagan City Council more responsive to are benefits to having the form of gov- call the city at 651-681-4601, or e-mail the public. ernment we have now." the city at citycouricil@ci:eagan.mn.us. After Metzen appoints the commission , The city will use the standard back For more information on Eagan OPEn, -members, they will meet to formulate a charter that will map out how the gov could become a charter city only if a ma- jority of voters approve the draft. In:Min- nesota, 12 percent of cities have charters. While home rule charter: status does- n't necessarily imply 'anything specific - about the -kind of government a city has - ground information form, applicants for the. city's'` advisory commissions, fill. out:- - • ,• - Those forms are available by contactini. the city. Metzen said applications for the commission should be returned to.;City Administrator Tom Hedges no more than 30 days from following the first publica- tion of an ad announcing the openings. After that 30-day window, the applica- call 651-456-0173 or e-mail- eaganopen@uswestmail. net: • Apple Valley/Rosemount; Eagan 'Sun•CurienuWednesday;:Feb. 7; 2001 is man like loans: Apply for as many as possible' regardless of grade point averages.orath-. letic.abilities. • • ' Although it may seem scholarships are a limited -commodity,. Behar, advises -par- ents that scholarships can be found simply by looking,at a mirror.' "What is your heritageor your faith? What company do you work for? Do you belong to -any community organizations? By answering these. questions, you may • find` scholarships,'" says Behar: "I think the... Internet is also a wonderful way touncov- er all kinds of scholarships." .` Many civic and service organizations, such as a local-Lion's Club or American Legion, provide.schblarships. So do many companies, from small employers to large international corporations like Volvo and eneral Mills.. By taking_some time, schol- rships can be extracted from a, variety of ources. The St. Thomas_University_ Office f Financial Aid also recommends these urces: primary• schools (some private: d public schools award scholarships to fofess ona High quality, low .cost solutions to training and development. • Business and Professional. workshops • Computer Training - Novice. to IT Professional • Customized, Training at your worksite or ours Our classes are- practical,. relevant, and facilitated by real -world experts, Charter Commission - should dissolve , To the editor: . Four out of every five Eagan, residents who voted in last general election disapproved of the converting to a charter form of city government. The: Charter Commission, the chief. i proponent of"the move, should, have responded to the ;message of the `election • ("no charter, . please") by closing up shop. In- stead,. it decided to carry on to , fight another day, focusing on r two claims: the public had been 1 L, confused and did not understand the issues, and the City Council had unfairly opposed the Char- ter Commission at every turn. Perhaps commission chair- man Jon Felde is correct in .his assertionthat only the members .of the Charter Commission•can decide to end the commission ("City -named in Charter Com- mission lawsuit," Thisweek, Aug. 27). Perhaps a 4-to-1 pub- , lic rejection of the commission's . idea does not, by itself require a dissolution.- If that is indeed ' what the state law requires, the` state- 'law should, be changed. • But clearly; the commission has the power, right now, to dissolve itself.. • The members of the Charter Commission did the community an honorable work by. studying the question of what our lo- cal form of government should • look like. The voters have spo- ken. The commission should re- spond in an honorable fashion; - it should vote to dissolve. • JOHN LaPLANTE - 1/3/zaxi Eagan .441 rI 4 tdezeit o ^• Godfrey said information will be shared among the gov- ernment entities. Commissioner Mike Turner said the study is a proactive measure that will help build a base of information. "It really is a project in pro- cess rather than final data," said Turner. Laura Adelmann is at dceditor@frontiernet.net. :EAGAN Charter panel suit •A hearing is set Sept. 19 in Dakota County District Court in a lawsuit seeking termination of the Eagan Charter • - Commission. The commission • submitted a proposal last year to replace Eagan'sstatutory form of government with a home -rule charter, which would. have been like a constitution for the city. Voters defeated • the proposal by a 4-to-1 margin - in November's election. Paul Bakken, an Eagan attorney • who represents former —Charter commission member "'Thomas King, said the charter commission bylaws T required it to dissolve if the community decided that a • ,,,.charter was not necessary for _ . the city. However, commission chairman Jon Felde said a three-quarters vote of the 13-member commission • is required for dissolution. "They think they found a - weak spot but fortunately Idon'tthinkthat'sthe 1 M case," Felde said. State -law creates a presumption that a charter commission should' maintain its existence even • after losing a bid to change city government; he said. Commission members .remain committed to the idea that a charter can improve governance in Eagan, Felde said. Last year's charter • proposal included provisions ` for a ward system; with. four City Council members representing ward's, and two others and the mayor elected at -large. The entire five -member council now is elected at -large. It called for replacing the city administrator with a city manager who would have been given responsibility forbudgetingand personnel ' decisions. Staff reports events uiiuugurvai Call 952-895-4664 or see vww.thegarage.net. r• End of Summer Craft Event for children age 4 and older; 10:30 a.m. Free. Wescott Library, 1340 Wescott Road, Eagan. Call 651-688-1500. FRIDAY The Garage teen center, Signs from Cinema CD're- lease party, 6:15 p.m.; $4. 75. Civic Center Pkwy., Burnsville. Events throughout the week. Call 952-895-4664 or see www.thegarage.net. Enigma Teen Center, DJ, 6th- 12th grades only;) p.m.,,' • Featured..on KSTP News! State-of-the-art hair removal sysl with the exclusive patented Photi removes hair .faster...than_any .la; FDA approved, safe, gentle and Nationally recognized hair remov You won't need to shave, wax, o CALL FOR .A FREE C 6!, IMAGE ENHANCE* Cedar Cliff Office Building — 21; Buv 0n Purchase a treatment pac . -. _a - Ci named in Charter: Cominission lawsuittY Commis sion claims it is part of the city; city disagrees b.y Erin Johnson 'THISWEEK NEWSPAPERS The city of Eagan has been: added -to a lawsuit brought against the Charter Commission by a former member. Tom King, an original Char- ter Commission mernber, who served for about a year before resigning, filed the lawsuit in April. King claims that the commis- sion's own bylaws .require it to disband if a charter is defeated by_residents. • A proposed charter was. de- feated by 80 percent of •Eagan voters last November, but Char- • ter Commission members .voted 8-4 to keep the commission in-: tact. - King recently named Eagan in the lawsuit because the com- mission considers itselfan entity of the city, said King's attorney and charter opponent Paul Bak' - ken. . -"The Charter Commission said it is incapable of being sued because it's \part of the city," Bakken said. "It's because of the charter commission's assertion that the city is being brought in." King had no intention of in- cluding the' city in the lawsuit, he said, but the Charter Commis- sion forced the issue. "We're not taking any chanc- es,". he said. While he agrees that the Charter Commission is a part of the city, Commission Chair Jon Felde called the lawsuit "frivo- -lous." _ . "I think that will be born out in the hearing in September," he. said. The commission's bylaws are consistent with state statute, he said, which dictates that a charter . commission may be .dissolved with a vote by three -fourths of its members. • The commission still hopes to bring a' modified version of the charter, which would change Ea- gan from a,statutory to a council- manager forth of government, back to voters in the future. If approved, the original char ter proposal would have sepa-, rated the city into four political wards,- each represented by an . individual council member, two "at large" council members and a . mayor. A provision in the charter would have allowed .citizens to challenge council action by peti- tioning for a referendum. • Felde said he is not surprised that King named the city in the lawsuit. Rather than having the suit dismissed on the argument that the, commission is part of See Lawsuit, 5A - Ors armsszza 'O' ' PODG - DURA: 24 . RA MADA# 17255 'O SEBR1 �j16,99'7 �Q2,99 • ��S 95 Qingim 1: GREAT PRODUCTS - GREAT PROTECTION - Lawsuit/from. the city, "which is fairly strong," he said, they decided to include the city as well. "They're, going. to do what they need -to do," he said. But the_ -city has maintained that it has noresponsibility for 'the -commission. - • The Eagan City Council- in particular, Felde said,..has been -- intentional . about making that distinction. Although it is required by law. to give the.commission •a yearly allowance of up to $1,500 for ex- . penses, the council recently de- nied the commission's request to use the funds for costs related to . -Erin Johnson is "at thisweek@ecm-inc.com. the lawsuit. Felde said•he is hopeful that the judge will at least determine once and for all whether the com- • mission is in fact part of the city. "That would lay to rest a lot of ambiguity," he: said. Meanwhile, the city is keep- ing quiet on how it plans to re- spond to the lawsuit. According to • City Attorney. Mike Dougherty, Eagan will ei- ther submit something in writing' to thecourt explaining why it; should not be part of the lawsuit,) or it will appear in court. A court date is set Sept. 19. eagan. throughout the United States. In virtually all instances, other than :through the online ques- tionnaire, Mach. would have_no contact -with these customers or their'" primary -care physi- cians. The prescription drugs; including controlled substances, would be distributed and dis- pensed without verifying the customer's medical complaint, • obtaining an adequate patient medical history, perforining a mental of physical examination, using appropriate diagnostic or laboratory testing, or providing a means to monitor "the'custom_ er's response to the medication. • From about July 2004 to about. May 2005, Mach issued approximately: 72,000 prescrip- tions for Xpress Pharmacy Di - credit card proceS'§ing services and aided a0 abetted Smith. in a money-laundering transaction pertaining to funds that were de- rived from the controlled -sub- stances conspiracy. • Smith made an initial apper-. ' ance before Magistrate . Judge Janie Mayerorr in St. Paul and was ordered held without bond. ' A receive was appointed in May 2005 to take • control of assets seized from the online. pharmacy business. The re- ceiver was ordered to take con- ' trol of the prescription drugs and labels; handle the cash and drugs arriving at the business • from consumers; pay -employ- ees wages owed; pay legitimate • creditors; and notify customers who placed orders of the Wen- • CHARTER from S1 Challenger: Group must disband jfcharterfails "It anticipates a difficulty to pass a charter," he said. "It anticipates the problem of en- countering entrenched politi- cal power." The charter commission has been controversial since it was formed by a judge about five years ago in response to an 800-signature petition re- questing it. Under the proposal, the city's system of electing the five -member City Council, including the mayor, at -large would have been replaced by a ward system, with four council members representing wards, and two others and the mayor elected at -large. The city ad- ministrator would have been replaced with a city manager with control over budgeting and personnel decisions. Critics said the proposal would leave council mem- bers alienated from residents outside their ward and shift too much authority to the ap- pointed city manager. Sup- porters said increasing the size of the council to seven members would better serve residents. Former commission mem- ber Thomas King filed a mo- tion asking Macklin to force the dissolution of the com- mission, citing a provision in its bylaws that it must disband if a charter fails. King's attorneys, Paul Bak- ken, a former Eagan council member, and Wayne Gilbert, a member of Eagan's economic development commission, ar- gued voters had spoken. Bakken noted that the resi- dents of Eagan are responsible for the charter commission budget of up to $1,500 per year and that it is an unnecessary cost for voters to bear after the election proved a disinterest in changing the form of govern- ment. Felde said that although King is correct about the by- laws, the state statute that governs charter commissions allows for a commission to remain viable unless three - fourths of the membership votes to disband. Needs 4131 Old Sibley Memorial Highway, #200 • Eagan, MN Judge will rule on fate a O Tt By Shiro Kantor - Star Tribune StaffWriter A Dakota County judge will determine within 90 days whether the Eagan Charter -Commission, established in re- sponse to a citizen petition drive and rebuffed at the polls, should disband. Voters last November re- jected by a 4-to-1 margin the commission's proposal. to end the city's statutory form of,gov-. ernment and institute a home - rule charter, somewhat like a constitution for the city. But eight members of. the 13-member panel voted after the election to remain together and work on a revised charter, commission" hember Jon Felde said Monday, Felde' spoke after Dakota County Chief District Judge William Macklin heard argu- ments on a motion seeking`dis-. solution, of the commission.. - • "The law is set up to protect charter initiatives," Felde said. CHARTER continues on S17 nesota. All must include the writer's na • CORRECTIONS Star Tribune South investigates complaints about accuracy, fairness and completeness of reports and headlines. When a report is found to be wrong or misleading, a cor- rection or clarification will be published on this page. Contact Star Tribune South at stsouth@startribune.com or 612-673-7215. me, City wants out . of anti- ' charter lawsuit Charter. Commission is `separate and distinct' entity that should follow its bylaws, city says by ErinJohnson > H NE The commissions bylaws lawsuit because the Charter follow the provisions of its own THISWEEKNEWSPAPERS state that it will dissolve as di- Commission contends it is part bylaws," the motion states. The city of Eagan is asking rected by state statute if "the of the city and cannot be _ d • It also states that if the 'city to be dismissed from a lawsuit commission or voters determine separately. ' suewere forced to•take a position on . filed against the Charter Com- a charter is not necessary for the mission to force if to disband. In response, the city filed a the issue, it would side with the city ". The city is named in a law- motion to be dismissed from the lawsuit brought by King. Eighty percent of Eagan resi-- suit. suit brought by former commis- dents voted against a proposed -The court -appointed com- 'cording to the city, and the com- ' The voters have spoken, ac-- ion - member Tom King, who charter last November, but mission, which has its own 'mission has a contractual obli- claims that the commission is Charter Commission members bank account and federal em- gation that it must honor.. violating its own bylaws by not voted to keep the commission ployer identification number, "The Commission's bylaws disbanding after voters defeated intact. a charter. is a "separate and distinct legal clearly. . set forth an obligation King named the city in the ' entity that should be -ordered to See Lawsuit, 5A �J 997 $14 977 GREAT PROTECTION S�KNs 0.8454 WWW.DODGE Just off 1-35 MADA# 17255 Lawsuit/from 1A -on .the part of the Commission .members to dissolve the .Com- mission based on•: the. rejec tion by the..voters,"• the motion states. But" Charter Commission members argue that their bylaws are consistent with state statute, which requires -a three -fourths vote by members to dissolve: • "Commission members voted 8-4 against dissolving: The commission plans to bring a modified version of the charter, which would -change Eagan from a statutory . to a council-manager form of gov- ernmenf, back to voters in the future. The;original charter proposal 'would have .separated the city into four political wards,' each represented , by 'an' individual council- member, two at large" council. members -and a mayor. •--A provision in the charter would have allowed. citizens to chal- _ lenge council action bypetition- ing for a referendum. .• The commission has con- sistently• maintained that it. - is part of the city. But if the- judge :agrees, the city will -seek a court order that gives•the City Council the authority •to determine the ;. commission's fate. • The lawsuit -is scheduled to be heard in court Sept:19. • Erin Johnson is at. eagan. thisweek@ecm-inc.com. • . a� ? rng asp combined circulation is more than 73,000. Our location also publishes the paid -subscription Dakota County Tribune each week on Thursdays. With this kind of coverage, we hope to get the word out about your organization. You can do this in several ways. We hope you keep this listing of policies and answers to frequently asked questions handy, so we can best serve you and our readers. p.m. Monday through Fri- day. The offic- es are closed on weekends, New Year's Day, Memo- rial Day, In- dependence Day, Labor Day, Thanks- giving Day and Christmas Day. • 12190 County Road 11, Burnsville, MN 55337 Phone: (952) 894-1111 Fax: (952) 846-2010 e-mail: editor.thisweek@ecm-inc.com Andrew Miller Peggy Nitchals John Gessner Andy Rogers Tad Johnson Todd Abeln 1 EAGAN PPP 8/i 7/ City sued in charter dispute Commission should have disbanded after voters rejected proposal, lawsuit says BY MEGGEN LINDSAY Pioneer Press A beating at the polls last November has not stopped the Eagan Charter Com- mission from pushing to reconstruct the city's government. But a formermember of the citizens group may. Resident Thomas King — helped by lawyer and longtime charter opponent Paul Bakken — sued the commission earlier- this summer to force it to dis- band. Last week, King included the city in the lawsuit. King says the commission's own bylaws require it to disband if voters reject a charter. Eagan voters defeated the proposal 25,080 to 6,159. "The long and short of it is that the commission should have terminated, and it didn't," Bakken said. King could not te reached for com- ment. Commission Chairman Jon Felde called the lawsuit "frivolous" and accused Bakken and other detractors — including members of the City Council — of launching a protracted political vendetta against the charter group: "It's surprising that there would be this continuing , effort to diminish 'the work of the charter commission," Felde said. "It's part of an effort to`de-legit- imize it." State law trumps the charter commis- sion's bylaws, he said, which dictate that CHARTER'DISPUTE, 2B That Jazz Festival" Commons Park. 'Head- tarist.Nick Colionne, 'to Herrera and Min- . Dozens of artists will the event. For a com- eartjazz.com. call 651-686-9134 or visit .eaganarthouse.org. MENDOTA. r walk: Join Minnesota )rical Society staff on a through downtown Men at 1 p.m. Sunday starting e Sibley House Historic 1357 Sibley Memorial way. Guests will visit sever - a u s, 4 for seniors and stu- dents, $3 for children ages 6- 17; free for kids younger than 5 and historical society mem- bers. Reservations are recom- mended; call 651-452-1596 to learn more. ` INVER GROVE HEIGHTS Book signing: Inver Grove • Heights native Diane Ganger, author of "Patrick the Way- ward Setter," will host a book signing from'noon to 1:30 p.m. Saturday at Blackberry Veteri- nary Center,' 6555 Cahill Ave. E. The clinic can be reached at 651-552-9101 for questions. WEST ST. PAUL Norwegian Club: The Norwe- gian Club from Thompson Park Activity Center will hold an mation, call the activity center at 651-450-8291. - EVENTS ELSEWHERE Threshing bee and dance: The St. Croix Valley Collectors Association is sponsoring a barn dance and threshing bee this weekend at 637 Glover Road, just west of Wisconsin'35 between River Falls and Hud- son. The barn dance will be held at 8 p.m. Saturday and the threshing bee at 10 a.m. Sunday followed by a potluck lunch and parade. Other activi- ties include a tractor race, trac- tor pull and wagon ride. Dona- tions are welcome. For more information, call Donna Wilcoxson at 715-425-5071. Please send your Dakota County events to Michael Krieger, 345 ue s Boosters fear it's h BY TONI COLEMAN Pioneer Press More than a half -dozen busi nesses . at the Como -Front -Dab intersection in St. Paul have received,facelifts, and the city is planning a $1.3 million recon struction project to make the intersection more pedestrian friendly. But nothing says blight like long -shuttered building. So eacli day a former Amoco/BP statior at 623 Como Ave. that wa: closed several months ago sit! boarded up, anxiety growl among area boosters. The worry redevelopment is beini CONTINUED FROM PAGE 1B .' Oo5— Charter dispute (continued) the dissolution occurs as directed by Minnesota's statute. Under that statute, members may dissolve a char- ter commission with a three - fourths vote, he said. - In February, the court - appointed charter members voted 8-4 to remain an organi- zation. "The commission has an obligation to stay in business," Felde said. He said the members hope to re -tool the proposed charter and bring it to a vote again. Of Minnesota's 853 cities, 107 operate under a home -rule charter. Eagan is the most pop- ulous city not to do so. Under home rule, the city would have a council-manager form of government. ' That would divide the city into four political wards, with a council member from each district, two at -large members and a mayor. As it is now, all four City Council members and the mayor are elected at -large. A provision in Eagan's pro- posed charter also would have • allowed citizens to challenge city ordinances .through refer- endum petitions. The city's ,inclusion in the lawsuit is something of an irony, given that at least four of five council members have spoken out against the charter commis- sion and want it to disband. Mayor Pat Geagan, another former commission member, said he couldn't support the continued existence of some- thing he disagrees with. "From a practical stand- point, the voters have spoken, he said. Bakken said King sued Eagan directly because the charter commission insists it's part of the city and cannot be sued separately. A district court hearing on the commission's dissolution is set for Sept. 19. ' "We're bringing the city and the charter commission to the table. They can figure it out," Bakken said. A court order created the charter commission in 2001, after an Eagan citizen group collected signatures for a peti- tion. State Auditor Patricia Anderson (formerly Awada) The SUMMER SPECTACULAR GROSSMRN . of BURNSVILLE • CHEVROLET CAOILLAC LAKEVILLE BUMPER BUMRER Craft Fair Car Show Dakota Cty Fairgrounds • Farmington, MN 220th St. between Hwy. 3 & Denmark Ave. Saturday, AUGUST 27th, 2005 Over 140 Craft Booths 100's of Show Cars Craft Fair 8:00 - 5:00 • Car Show 8:00 — 3:00 General Admission $3.0,0 (12 & under free) Show Cars $10.00 (includes driver & 1 passenger) More info at: WWW.SouthernCruzers.Com Call: 952.432.4032 Too„anvol was mayor ' at the time and presided over a sharply divided City Council known for discon- tent and bickering. Bakken served on that coun- cil and was viewed as an ally to Anderson, who opposed the charter commission's formation. The lawsuit is not the only challenge to the charter commis- sion; which has seen City Coun- cil members try to cut funding. The city is required to give the commission as much as $1,500 annually for "reasonable and necessary" expenses until it disbands. The council, by a majority vote, has refused to pay for the commission's legal fees associated with the law- suit, however. Council Member Cyndee Fields has gone further: She • repeatedly votes against the reimbursement of the commis- sion's basic office expenses, even bills as small as $4. "The fact that the City Council refuses to follow the statute in reimbursing basic fil- ing fees or hiring attorneys is not just a poor legal judgment, but I think.it also shows a level of vindictiveness and pettiness that is surprising," Felde said. "In that sense, some members of the City Council have appar- ently taken sides in this law- suit by not allowing us the legal resources to defend our - selves." But city and council officials dispute the argument that legal fees amount to a "reasonable" use of taxpayer dollars. They point to a roughly $900 expendi- ture the commission made last year when it mailed out a con- troversial brochure explaining the charter. Some believe the pamphlet amounted to elec' tioneering. Council Member Mike Maguire, who voted against the charter, said he thinks the city must continue to fund the com- mission "even though I wish we didn't have to." 'But Maguire said the com- mission has outlived any poten- tial usefulness. "I think that the long history of the charter commission and the politics that surrounded its formation make it difficult for the city and this charter commis- sion to have a productive rela- tionship," he said. "The relation- ship is broken beyond repair." Should the commission dis- band, a new group can start up again after a year has passed. "It's not like this (lawsuit) closes the door on a possibility of a charter commission at all," Bakken said. Meggen Lindsay can be reached • at mlindsay@pioneerpress.com or 651-228-5260. FORLESSWEN::MO Prices good, We reserve the right to limit TO PAY US A VISIT 'Food stamps 8 EBS cq Colorado Mt. Lion Appox.16 Ib. Case Peaches (While Supplies Last) S1 4.99 Seedless Watermelon SZ.99 EACH Washington Bartlett Pears 69C LB. California Peaches 79C LB. Thompson Seedless Grapes 99' LB. Cor.er'of 10th and Jackson Gold' Pineapple Golden Deliciou Apples Nectarine Claussen Pickles (Asst. Kraft Philly Cream C Visitt Our Webslt ValusbI®Co; (651. ), www. eis Sot ve a me• e • • . :nt in Minneapolis. n to add two tables to the dozen it already has on the Lake Street sidewalk. new smoking ban in effect, Minneapolis has seen a in restaurants that want to add patio or sidewalk dining. ucia s ING IT OUTSIDE ban has s to the e to seat establish - for per - reach nto their tMall in oisy with ded with e known season: weather permitting, of course. So, too, are the sidewalks of Minneapolis' Eat Street on South Nicollet Avenue, where neigh- boring restaurants seem to have quick- ly copied one another's new fresh -air venues, said Ricardo Cervantes, the city's deputy director for regulatory services and business licenses. "When we put those first few seats out there, there was very, very little outdoor seating in the city," said Stu- art Higgins, one of the owners of Brit's Pub on Nicollet Mall, which began serving on the sidewalk in 1991. "Now you walk past every place and it's got tables outside." Even small restaurants have gone alfresco with a couple of outdoor DANIEL DONALD WOZNIAK 11922-2005 tables, inadvertently lending Minne- apolis a bit of European cafe ambi- ence. In all, 222 Minneapolis restau- rants are licensed to serve outdoors, Cervantes said. "They want to be able to say you can take your food outside on these nice Minnesota days. Some customers truly prefer being outside on nice days," Cervantes said. For other restaurants, it's a matter of survival, said Tom Day, spokesman for the state's restaurant association. Allowing customers to eat, drink and smoke outside is the only way to offset losses from the countywide smoking DINING OUTSIDE, 8B legislator or activist, afraid to buck system formed appeals court in 1983. He also was an influential leader in the state House of Representa- tives from 1951 to 1965 and an anti-establishment player hi DFL politics. "He was a giant in the Legis- lature and the judiciary," Attor- ney General Mike Hatch said. "He was truly a people's public official. Many of his opinions reflected the rights of the indi- vidual against the state and the powerful. He is representative of a generation that built America." Called "D.D." by his friends, Wozniak was born Aug. 26,1922, TWIN CITIES Drivers fed up with soaring gas prices, lA in Silver Lake, Minn. The older of two children, he worked on his parents' farm in the summer and attended school during the winter. "He got his work ethic from his parents, who were immi- grants from Poland and Russia," his daughter Angela Wozniak said. Wozniak graduated from Central High School in Min- neapolis and earned a bache- lor's degree from the University of St. Thomas in 1943. He then DANIEL WOZNIAK, 8B ST. PAUL No charges filed in alleged rape by officer, lA ay, he came back with one, a 2004 GMC Envoy sport -utility vehicle that was reported stolen the same day at North Memorial Medical Center in Robbinsdale. According to Olson's statement to police, Adams asked if she knew any- one who wanted to buy a stolen cell phone. She checked around to no avail but asked for a ride up the street. On the way, the two smoked crack cocaine. Adams said he wanted to sell a set of golf clubs he had found in the Envoy, so they picked up two of Olson's friends so they could use their IDs, and headed up to Roseville. Before they tried to sell the golf clubs, Adams smoked crack again, Olson told police. Play It Again Sports wouldn't pay them in cash, so the four headed to Second Swing on Fairview Avenue and County Road B2. Adams smoked crack yet again. By that time, authorities were closing in on the SUV. At 3:02 p.m., officials with OnStar, a vehicle navi- gation and safety system offered by RECKLESS SPREE, 8B Daniel Donald Wozniak was one of the original judges appointed to the Minnesota Court of Appeals in 1983, and he became chief judge of the court in 1987. Wozniak, who was also a prominent St. Paul legislator, a major player in DFL politics and a grass -roots organizer in the anti -abortion movement, died Wednesday at the age of 82. COURTESY PHOTO TWIN CITIES Judge rejects Hatch suit against Medica, 1A .t/7-t"=Nc-'f' Because the news never stops /r„ Group aims to educate Eagan residents about charter Eagan Charter Information Project provides information, opposes adoption of charter by Erin Johnson THISWEEK NEWSPAPERS When former City Council Member Paul Bakken heard that a city charter would be pro- posed for Eagan on the November ballots, he wanted to find out more about it. After several trips to City Hall, Wescott Library, the courthouse in Hastings and a Charter Commission meeting, Bakken said he realized there had to be a better way for resi- dents to become informed. "There was nothing avail- able about the history of the commission or a reason behind the proposed charter," he said. The more he started to dig, he said, the more interested he became. "After satisfying my own curiosity, I thought, 'Hey I'll bet other people would want to know about this stuff, too,— he said. Bakken recently formed the Eagan Charter Information Project (ECIP), which he calls a "clearinghouse of charter -relat- ed information" for interested residents. Starting ECIP, he said, was "The proposal before us right now is not in the best inter- est of the city" — Paul Bakken FOUNDER, ECIP "the most efficient way of get- ting information out to people so they can inform themselves. Most of what ECIP will be put- ting out is the raw information, and people can make their own decisions." ECIP is planning a public information drive regarding the proposal to change Eagan from a statutory city to a charter city. The group will be making a variety of materials available to Eagan citizens, including research materials, explanatory pamphlets, a Web site (www.eagancharter.com) and two interactive computer tools. "The goal of the ECIP is to See Charter, 6A www.thisweek-online.com 2A August 28, 2004 THISWEEK c ENDS TUES. ;6 MONTH 0 CASH LEA! STOWL�Go led, Leather. iftgate, Power ws, Locks), p Control! s Cash-$1.500 TER Driver's Sect Hems V8 d As Comiitioning imam Wheels ,sty Colored Fasca tus Cash. -$1000 OWL \J\J CARAVAN SXT "Iimmitit. Wedagng Is! Allard & k. due d sgng 2005 FAMILY PACKAGE V6, Auto, Power (Windows. locks, Minas). Factory DVD, Quad Seating. Factory Sunscreen. CD Player. Aluminum Wheels! 'Summer Bonus Cash.-$1.500 DEVIL, LEATHER 1 s9 DVD, TOW PKG. 1st ploce"FWS@eSUW Cor&Dmrer corrpason led. 5.7 Hem. V8. Aut Air leater. DVD Player. Runt c Bonds. CD Rayer. Power (Sects Windom. locks). Rea Heat& kt Tow Packagel 1 'SummerBonusCosh..•$1.000 Charter/from 1A . make it easier for Eagan citi- zens, who are busy working and raising families, to get access to information so they can inform. themselves about this important local issue," he said. While ECIP was originally intended as a strictly informa- tional group, Bakken said that months of research ultimately led to.a position against adop- tion of the charter. "The proposal before us right now is not in the best interest of the city," he said. Bakken contends that the need for a charter was never explored before the commis- sion set about drafting one. "Logically, they should have first tried to articulate the problems facing Eagan and look at alternatives for addressing them," including the possibility of a charter, he said. "That was never done. Only after these first two steps should they have embarked on drafting a charter." Current • Charter Commission members are rel- atively blameless, he said, because most of them joined later in the process. Of the 13 current members, only four are original members. "It's really not- their fault because the people who didn't do their job aren't there any- more," he said. Charter Commission Chair Betty Fedde said residents - shouldn't be concerned with the history of the commission, only with its end result. • "Any citizen should be con- cerned with the document that has been proposed:;This other garbage is: smoke and mir- rors," she 'said. "It is- the con_: tent of the charter itself. This other stuff is a waste of time." "Any citizen should be concerned with the document that has been proposed. This other garbage is smoke and mirrors." — Betty Fedde CHAIR, EAGAN CHARTER COMMISSION Because the Charter Commission was not" formed by the city and is not recog- nized as a city group, Fedde said, "personal houses have been the repository for storing documents. What has been legally required to has been put in the appropriate place." Copies,of financial records are at City Hall, yearly sum- maries and copies of the orig- inal petition for a charter com- mission are at the courthouse in Hastings, and a copy of the charter and minutes from the meetings are available at Wescott Library, she said. "We .did everything we needed to that was required by law," she said. "And (our •meetings) Were all " open meetings: People have always been invited to attend" Fedde said that citizens have access to the'same infor- mation about charters in gen- eral that the commission had when it began: the League of Minnesota Cities - Web site (www.lmnc.org). "That's where the commis- sion had to go for their infor- mation;' she said. But Bakken points out that to gather all of the information would require' a lot of time, driving and money. The court- house is in Hastings, and'mak- ing copies of documents will set you back $5 a page.'.' • Most residents, he said, will not want` to .put that kind • of effort or expense into it. "The idea (of ECIP) is to put the raw facts into the hands of anyone who, wants it, let them peruse the data at their own pace, and let them draw their own conclusions," he said. He also wants to make it clear to people that the charter is not a city -led initiative. "The city of Eagan, its staff and the City Council had nothing to do with the drafting of this charter or the decision to submit it to the voting pub- lic," he said. Fedde said the Charter Commission is currently working on an educational brochure that "simplifies the issue" and points out the changes a charter would bring. "It is not meant to sway, it's just the facts," she said. There are only two. Charter Commission meetings • before November's election. The next meeting is scheduled Monday, Sept. 1 at 6:30 p.m: at Wescott Library. A copy of the 'proposed charter is available on the city's Web site at www.city-' ofeagan.com. For more information about ECIP, visit www.eaganchar- ter.com. • Erin 15Johnson "•'•is edgan. thisvi eek.@ ecru.=' inc.com. Charter opponent info is flawed To the editor: I have anticipated communi- ty interest and hoped for some intelligent dialogue on the pro- posed Eagan City Charter. I'm somewhat perplexed by what I read and hear by those who have opposed it. It's based on false information. Neal Black's letter "Major errors in proposed charter" (Aug. 7) cited two rea- sons for this. Both of his asser- tions are simply incorrect. First, he doesn't seem to understand that the charter is only there to guide the council. Second, the council decides how their terms of office will be set and staggered. Mr. Black then asserted that the citizens of Eagan previously voted down a "charter government." Eagan voters had the opportunity to vote on a "Home Rule" form of government when Eagan became a village but didn't choose to do so then. Alarmists, like Black, need to get better informed before send- ing out erroneous messages, expecting others to believe what they assert. Public beware! a "no char- ter" group has also alleged inac- curacies, such as increased taxes and negative conse- quences for business, none of which have any truth or validity. The charter doesn't create these circumstances; such action is only determined by the council. Some say don't try to fix things that aren't broken! Well, just remember that over 800 Eagan citizens didn't think this was the case about four years ago, and got busy to correct the ism, death and hatred of this country around the globe. Kline's interests seem to be geared toward investing all money toward a permanent war economy. Kline's terrorism policies seem to have nothing to do with fighting terror and every thing to do with funding the military industrial machine. These policies are dangerous to the entire planet and risk democracy itself. Since 9-11 the inspector general has noti- fied Congress that the Pentagon cannot account for $1.2 trillion in transactions! Kline's backing of dangerous military spending contradicts his claim of being fiscally conservative. GREG SKOG Eagan Economy is still imperfect To the editor: Tad Johnson's coverage of the visit of Sen. John Edwards to Rosemount (Thisweek, Aug. 21) mentioned a number of the conrat Thisw�k Because the news never stops 1/5/ www thisweek-online.com Charter Commission can stay intact Commission may be an `annoyance,' but is part of enfranchising the minority, judge says by ErinJobnson THISWEEK NEWSPAPERS Although it can be "a thom in the side of the governing body of a city and an annoyance to a majority of its residents," the Eagan Charter Commis- sion does not have to disband, a judge has ruled. Dakota County District Judge William E. Macklin found in fa- vor of the Charter Commission in a lawsuit brought by former commission member Tom King and his attorney, former City Council Member Paul Bakken. In his decision, Macklin wrote that although the majority of Eagan voters voted against the charter, the 20 percent that voted in favor of it twice as many as required to initiate a charter commission — believe a change in the structure of gov- ernment is desirable. "The efficacy of expending resources to support a commis- sion that has struck out once may be questionable. But such is the nature of enfranchising the minority," Macklin wrote. King and Bakken sued the commission because they claim it violated its own bylaws by not disbanding after a charter was defeated by voters. Eighty percent of Eagan voters struck down a proposed charter last November that would have separated the city into four political wards, each represented by an individual council member, two "at large" council members and a mayor. A provision in the charter would have allowed citizens to chal- lenge council action by petition- ing for referendum. Months after the defeat, Charter Commission members voted to keep the commission See Charter, 5A 2A October 15, 2005 THISWEEK c MOW P.c.. OP TH 11 LIMIT 41101111M1111 TO cairr MO MOW GRAND CARAVAN GRAND Auto, Air, Sunscreen, CARAVAN 174930 PW, PL, PS, Power Doors, CD Player, Quad Seats, Charter/from 1A intact and develop another char- ter. Forcing it to disband now would mean that the Charter Commission only gets "one bite of the apple," Macklin wrote. He also wrote that the city is never legally without a char- ter commission unless it votes to dissolve itself with a three - fourths vote. "We feel vindicated," said Charter Commission Chair Jon Felde. "We think it's important that the court recognized that the Charter Commission is a way for citizens to have a voice in shaping their government" The city of Eagan was named to the lawsuit after the Charter Commission claimed it could not be sued independently be- cause it is part of the city, a claim the city disputed. Macklin dismissed the city from the suit, noting that it has "no dogs in this fight" and "no power to oversee the commis- sion, affect its decisions or dis- charge it." Bakken said the judge's dis- missal is a clear message that the commission is not part of the city, which he considers a victory of sorts. "At the end of the day, we feel pretty good about the deci- sion because the status quo has changed in favor of the public and not in favor of the Charter Commission," he said. Now thepublic cannot be held liable for the actions of the commission, which he said has requested the use of city staff and meeting facilities over the years and has a "horrible track record" of complying with meeting regulations. Bakken filed a complaint against the commission last year for not making records and information readily available to the public. The state said that the commission must follow the rules of the Minnesota Data Practices Act and may have been in violation of some of its statutes. Mayor Pat Geagan said that Macklin's decision "kind of lets us know where we're all at" "It really affirmed what the council has been saying — (the Charter Commission) is not a function of the city. It's directly answerable to the courts." But Charter Commission members have a different inter- pretation. Felde said he believes the judge's decision confirms that the commission is indeed part of the city. Just because the council doesn't control the Charter Commission doesn't mean it's not part of the city, Felde said. "As the law says, once a stat- utory city has a charter commis- sion 'the city is never without a charter commission' unless the commission discharges itself," he said. The city was dismissed from the suit, he said, because it, too, wanted to disband the commis- sion and could not participate in an "even-handed manner?' "The court was troubled by the hostile position of the City Council and its attorneys in seeking dissolution of the Char- ter Commission," he said. The City Council has been in charge of approving or denying money for commission expendi- tures, which it will continue to do, Geagan said. The city is le- gally required to provide $1,500 to the commission for charter - related expenses. That practice has rankled commission members, who claim that the law makes no provisions for the City Council • to have authority over their ex- penditures. "The charter commission is established for the purpose of determining the powers of the City Council, therefore the City Council may have nothing to do with the charter commis- sion," he said. "It would make no sense politically to have the council have power over the commission." Felde said the commission will now focus on developing a new charter to bring to voters in the future, an exercise that Bak- ken considers futile. "It's political spam," Bakken said. "They're pursuing a prod- uct and it's clear that very few people want it. They've made it clear that they're going to keep pursuing it until it passes" Erin Johnson is at eagan. thisweek@ecm-inc.com. Makin their world. a little smaller School initiative brings, kids from. different backgrounds together . by Jeff Achen • �4 t, ; { < , - middle school next year, the rela- . THISWErKNEWSPAPE S '� F _ N 'f .s 'i • tionships they form thisyear be - Two ,years ago ,the percent Sii1C�li' ° '! t comeevenrmore important for the age of non -Caucasian students at t long run. :Glacier Hills Elementary School, iti� I{� f+r `Actually, I think we're:gonna was 38Most other schools in the -find more similarities than differ - Rosemount -Apple Valley Eagan �+ ences '`Grandbois said School District hovered • around 1 .'_Though the initiative is only -a ' 16 percent. Consequently, - the 1 .:' `a _ small start to a larger undertaking, • - state identified Glacier. Hills as ` "U a..:',t.,:_.'4.,3," educators are pleased with the re - "racially isolated": Faced with- a - -- :_, " sults already. • - ' new challenge district officials ' ' : _ "The chance is -just for a more - Photo by Jeff lichen began the modern:day version of r rintegrated experience," Holten "desegregating" their schools. From left, Deon MSarah , said. "We're doing things a step at What they came up with was Caitlin Lepisto-Meyer, Sarah a time - a two -fold plan: First, they would Kelly,, and John' Jubenville- "Already this is. directly im- work together on a team - provide more opportunities. for building exercise. Kids from pacting two full classrooms, kids from different schools to in- Thomforde said: Deerwood : and Glazier ,Hills teract. Second, they would make ` The other part of the district's Elementary Schools- are the sure the schools with higher -per first participants in a .new integration plan, is getting class centages of non -Caucasian . stu «paired" Schools Initiative" sizes. down and including more . dents were meeting the needs of - cultural studies coursework. - aimed.at integration. • their students:. Glacier Hills has reduced its ' - The resulting "Paired Schools class sizes by adding three new ` • Initiative" kicked off last; Monday . teachers: Holten said his- school • -with-a meeting of Deerwood Ele- After their initial meeting, the served as a host site for teacher mentary fifth -graders and ,Glacier. plan .is to have students"work.to- training aimed at creating climates Hills fifth -graders. •. gether through field trips to The for "classroom communities" Building. on character educa- Children's Theatre and .;a local "It's really allowing real strong - tion . curriculum, students were ropes.course.. .. relationships to be built between paired . up and completed team- - — Cheri Thomforde, .a - fifth- teachers and students," Holten building obstacle courses. One of grade teacher , from Deerwood, ' said. • the things Glacier Hills Principal and Shelly Grandbois, a fifth- District 196 Integration Co- . - Jeff Holten hopes will come of • grade teacher' from Glacier Hills, ordinator Scott Thomas said the this is that kids will make friends • said their classes made posters' .goal of integration is really about from another school and grow to for ` each other.. and exchanged achieving equity and access for all understand peers from .different pictures. They say they're excit- students. ' cultures. • : . , ed about the- possibilities for the "The state has said we need to Already, fifth=graders are en- Paired Schools Initiative and hope . bring. the schools out of isolation Dying the tangible benefits of the to integrate kids through curricu- and get them to interact with each . Mt 5 on d C.)0 O inp cz w . 0 0 - F+- •E=tiv a) o as o o a a, c/a • „c4 E•.! a 0 SAINT PAUL PIONEER PRESS FROM PAGE :1B CHARTER V CONTINUED FROM 1B OPEn is a small group of negative people who do not represent the majority of residents. If appointed, a commission would write a charter, a sort of local constitution that could include city policies that go beyond what is required by state statutes. For example, statutory cities have up to six council mem- bers while charter cities can have more. Voters in home rule cities have more control over their city's powers, according to the League of Minnesota Cities. The charter would only be enacted if the public votes in favor of it 'in an election. About 100 of the 853 cities in Minnesota said. "I believe as long as the council gets its job done in tli . _ most efficient manner with rea---- sonable public input that most citi zens are very happy," she said': "The constant nit-picking about Y; process or issues that comes from Eagan OPEn is a negative turnoff for most people." • i1 '10 Awada said she -is neutral on thy'=%2 idea of a charter commissioiis.e-'-' while Carlson said she needs toV' a learn more about it. Bakken said1 s:; he would need to learn more• specifically the reasons some resi=.0d dents want a commission. •cap Council 'Members Bea Blomquist .ed and Sandy Masin — both of whom O a attend Eagan OPEn meetings _rE support • creation of a commission "mod �. I Masin said she has heard ' "a }: number of .complaints from resi'.' - : dents about how the council opetc7 have charters. ates. Those. residents also feel thd`ti If Metzen doesn't sign off on their voices are ignored. "More°' the commission now, the judge than one, or two people in ther`t,i would have to appoint commission community feel shut out of thfs' members if residents collect an _ system." amount of signatures equal to 10 percent of the voters who partici- Amy Sherman, who covers Eagan, Inver;r ' Grove Heights and Rosemount, can be•„��-1 pated in the last election, which is at asherman@ !'�' about 2,700. It's unlikely that the reachedachepat s hem a (651) 228 2174. ; r judge would appoint the commis- sion without the signatures, according to Eric Hedtke, a research attorney for the League of Minnesota Cities. The City Council could also request the appointment of a commission. Mayor Pat Awada and Council Member Peggy Carlson said they would not want anyone from Eagan OPEn to be on the com- mission. "I suspect this is their attempt to try to gain some sort of control over city government since they have not been able to do that with the voters," Awada said. The majority of Eagan residents aren't concerned about what form of government Eagan uses, Awada How-to handbook v>> A handbook by the League of Min- nesota Cities includes information ;i • I' about how to set up a home rule cha,r�. ter, the differences between home s• rule and statutory cities,.adGantagesis„ and disadvantages of charters and .;,r;;,, other pertinent information. To get'an:4j order form for the Handbook for Min-.i,' nesota Cities go to r;r>;• www.lmnc.org%public/publ IcatIons/handbook.htm orcall (651),7..4rk 215-4039 and request document' F; 63060. To contact Eagan OPEn, e- mail eaganopen@uswestmall .net or write to Eagan OPEn at P.O. Box 21321, Eagan, MN 55121. st ;at :rn at the of ion 'est. thex.. �.a;. vlr: her Commission not ans an ' ike the en` .tee to '.tor, First Amendment and •say that. there is a clear separation of church and state while:another person can read it andnot find . that section in there at all." Well let us look at what it says. "Con gress shall make no law respect- ing an establishment of religion, -or prohibiting the free exercise thereof; ...." That is all it•says:. - The restriction is on Congress; . none on the"church. No wall of separation is found in the Con- stitution. We either have forgot- ten how to read, or we read into documents that which we would like to see there. When judges read something into a document that is not there, that is judicial activism. HERB KLUTH Prior Lake to the: 'ask and ees :to on. •ep_; i What part of 'No does Charter understand? To the editor: As 'a recent article reminds us ("Lawsuit targets Charter Commission," April 23, 2005), last year's charter proposal was rejected in the general election by 80 percent of the voters. In a two -person contest, "landslide" would not begin to describe the magnitude of such a defeat. Why then does the charter commission still exist, prepar- ing for a second chance to sell an idea that has been so thor- oughly turned down? Four out of every five people who voted said no. That's re markable enough. But the 'in tensity of community sentiment is more obvious when we con- sider voter turnout. According to the city clerk's office, voter turnout for the'' 2004 ..general' . election was 81.2 percent:What this means is that.65 percent of all registered residents.— voters and non -voters alike rejected a charter. - Two out of every three per- sons registered to vote told the charter commission "thanks, but no thanks." Foun;'out' of every five people wh'o: -cared enough to actually vote-saidt no, as well. =: . What part of''does ”irib'L-.doesT. the charter commission -not. under- stand_? .If. :Members'. 'Of the:comrms- sion seek to-do the' will .of the people; they, ought -to voluntari ly disband ; �� JOHN R. L APLANTE ... Eagan Stop tip -toe around taxes To the editor: When Mary. Liz Holberg comes to her district and criti cizes Democrats andtheir can- didates about tax -and -spend policies, I hope her constituents take a hard Look at the poposals coming out of her Transporta- tion Committee. • While she continues to tip- toe around the tax issue, she ap- parently admits that Minnesota transportation is woefully un- derfunded. Thisweek Newspa- pers reports (April 23) that two constitutional amendments are being proposed for gas taxes and: general fund revenue changes, - plus a dozen (did you get that?) fee increases: And even at that, Holberg says we won't meet our transportation needs. According to . Republican: definitions, fees do not countas taxes; even though the money. gets removed from.: the wallet' all the. same. These convoluted fee increase schemes'are just a wink -and -a -nod approach to an admission that jn order -to meet the needs of the state, we simply need more money. Isn't it about time we had an honest discussion: -about -our:, revenue needs without hiding behind fees as a more `accept able form of tax? DAVID MINDEMAN Apple Valley 6vton/ aboreA t o g o 4 -2.,001 From Page lA Whiners are waiting for commission to act To the editor: On July 18 I went to the Eagan Charter Commission meeting with hopes of seeing lots of work being done. What a disappointment. There seems to be a split be- tween the members with some, the loudest being Tom King, who do not understand what the commission was impaneled for. Perhaps the commission should start over with an education class first so that all the mem- bers would understand their re- sponsibility. - Mr. King and several others appear to believe that the com- mission was set up by 854 whin- ers to take some kind of vengeance on the City Council, another misconception that could be set straight with some education. At this time myself and at least 853 other whiners are waiting for the commission to put a home rule charter on the next ballot so we can vote it up or down. Jeff Gregory Eagan Police urge all to take part in NNO To the editor: Effective crime prevention begins with strong neighbor- hood and community relation- ships. The Eagan Police Depart- ment urges all residents Qf Eagan to participate in the 18tn annual National Night Out Cel- ebration. - On Tuesday, Aug. 7, neigh- borhoods throughout Eagan are invited to join thousands of other communities nation-wide for the Night Out Celebration. In all, more than 32 million peo- ple are expected to participate in "America's Night Out Against Crime." National Night Out is de- signed to: heighten crime and drug prevention awareness; generate support for, and partic- ipation in, Eagan's anticrime ef- forts; strengthen neighborhood spirit and police -community partnerships; and send a mes- sage to criminals letting them know Eagan neighborhoods are organized and fighting back.. In Eagan, the Eagan Citizen's Crime Prevention Association and the Eagan Healthy Com- munity Initiative help support the National Night Out Cele- bration. From 6 to 9 p.m. on Aug. 7, Eagan residents are asked to lock their doors and spend the evening outside with neighbors and police. Many neighborhoods throughout Eagan are having special events such as block par- ties, cookouts and events for children. The Eagan Police De- partment, Fire Department and Streets Department will be making visits to the different neighborhoods that have regis- tered their National Night Out Celebration with the Police De- partment. Doubting the -nee to woo wealthy To the editor: To register your iieighl or= hood for National'- Night Oiit; contact the Eagan Police -De, partment at 651-681-4700: or visit www.cityofeagan.com/pub-- hc.htm: �z y j Kent Therke1en. Eagan Police '''Chia How can it be we must be .i wooing the wealthy to enable them to live and play near'their businesses when the employees suffer with low wages, few bear efits and` are discouraged and out -priced from living here, then expected to be grateful taxpay- ing citizens of Eagan??: ' Many average citizens do not strive to be wealthy but do as- pire to have choices that en-, hanc.e their quality of life, such as reasonable safe homes, ade- quate health care; good schools and, since often most parents i work, good child care. Let's face it: Wealth gives ad- vantages lost to modest income people: better savings and inter eat; more options to gain finan- cially by inve'stment's; stocks, property acquisitions, not -to mention 'perks aid loopholes unavailable to those persons on i strict budgets. I am appalled to think in Eagan we must consid- er this a needy entity. ' _ Why are we:' not wooing school teachers, mechanics, re- tail workers;`pastois;: nurses, carpenters?. There are people who would network in our'lives. i i Cagan, �nar-ter .�ommr has set plan for new year Commission seeking to fill open that has been vacant since Decemher. spot, open lines Of communication Fedde said there has been little uiterest p p expressed to the city for applying for- the to Eagan City Council BY JOSHUA NICHOLS Sun Newspapers With a little less than two years since its inception, the Eagan Charter Com- mission opens up 2003 looking for a new member and trying to keep its activities in the public eye. "We really want to keep it out in front of the public, otherwise we run into a lack of enthusiasm on the public's part and have people not knowing what is going on," said Betty Fedde, Charter Commission chairperson. "That's some- thing we are constantly working against." Since the commission was formed in March 2001, it has studied how charter cities work and the differences between charter cities and statutory cities. The commission's first task as laid out by law was to determine whether or not a char- ter should be drafted for the city. That de- cision was made in May 2002 and since then the commission has turned to what that charter should look like. That process will continue as the com- mission goes through 2003, Fedde said. During its first meeting of the new year, the commission set out a variety of phas- es it hopes to go through as it completes its task. At the end of each phase, a con- sensus would be reached. The first of those phases will be re- viewing, in February, the forms of gov- ernment, Fedde said. The commission will list as many pros and cons about the different forms of city government to help decide what is the best form of gov- ernment to put before voters. Following sessions will concentrate on the number of council members, weighing open elections vs. elections by wards, the use of a primary election, fi- nancial controls, referendum, recall elections, and other issues such as in- stant runoff voting and odd or even year elections. Once all those phases have been ex- amined, the basis for the city's proposed charter would be in place and ready to go before voters. "The idea is to work toward a consen- sus using the work plan we set out," Fedde said. "By going through those ses- sions dealing with each of the issues, we should reach that point." Originally Fedde had the personal goal of the commission completing its task by this summer so that voters could decide on the charter's fate in November 2003. However, she said she now realizes that goal is unlikely to be met. The commission is also seeking an - position. David Kellen a former Eagan y�: city: attorney and an Eaganresidenffor :More, than 20 years, filled;aprev qus, opening. Dakota County Judge Richard SO er; directed the city to run another ad se :k;. ing applicants for the open positi jj Fedde said. In addition, the judge t ld commission members that they .could nominate any candidates .they,;think• might be interested. A charter would lay down the rules . of government for the city and serve as a city constitution. The charter also could allow for a larger city council, place limits 'yin the council's ability to spend taxpayer dol- lars, set up a process to allow for the rec of council members, or go in any other di- rection the commission sees fit. The city could become a charter city only if a majority of voters approve the draft. In Minnesota, 12 percent of citie's have charters, with the rest being statu- tory citieswhose operations are pre- scribed by state law. An aspect of the commission's busi- ness that could change in 2003 is its rela- tionship with the Eagan City Council. Ih the past, Fedde said, there wasn't much cooperation between the commission and the council. She hopes new Mayor Pat Geagan and the addition of Mile Maguire to the council will change that. The end of 2001 found the cominissh n trying to arrange meeting space in the Eagan Municipal Center free of charge but being met with a denial by the coun- cil. When the question came before the council in November 2001 the vote was '4- 1 with only Councilmember Meg Tilley.., supporting giving the commission free meeting space. However, during the election both Maguire and Geagan talked about im- proving city relationships with the .com- mission and looking for ways to work to- gether. Fedde is already preparing a kt- ter to be sent to the city requesting meet- ing space for 2003 and also requesting!a future workshop meeting with the coun- cil.Once the commission members hale had a chance to weigh in on the issue, Fedde plans to mail the letter to the city "We certainly need to try to open the communication process more than it has been in the past," Fedde said. "We want to.: establish a relationship with the new mayor and the council and we cannot do that with- out trying to communicate with them. It's been frustrating at times, but I am pleased that we are making some progress. The Charter Commission meets the second Wednesday of each month from : 6:15 to 8:15 p.m. at the Wescott Library, 1340 Wescott Road,,Eagan. For an application to fill the open com- mission spot, contact the city of Eagan at SUM. — 10 —2,0a'0 Judge denies charter commission for Eagan OPEn asks Judge Leslie Metzen to appoint commission in April letter By Joshua Nichols Sun Newspapers That petition must bear the not take sides on issues, we can this legislative grant of authori- signatures of 10 percent of vot- only explain that the process is ty is permissive and I decline to ers who voted in Eagan's last flawed," Dean said. "For a city of employ it at this time." city election — about 2,700 sig- this size, home rule charter is a Metzen's decision was not natures in all. solid first -step solution." unexpected, said Eagan OPEn According to state statutes, In her response to Dean's re- spokesperson Susan Widmar. residents could also ask the City quest, Metzen did not judge the The group was exercising one of Council to request the judge-ap- merits of the argument -for a the -methods for --forming a com- point such a commission. charter commission. Instead, mission and will now turn to pe- Despite a judge's decision not Eagan resident Michael she advised him to start a peti- tition efforts, she wrote in a Pre- to appoint a charter commission Dean, chair of the process mon- tion if Eagan OPEn wanted to pared statement., in Eagan, the movement started itoring committee for Eagan Or- continue with the initiative. Dean and other supporters of by a citizen group may not have ganization for. Process Enlight- "My decision is simply based home rule charter status said reached a dead end. enment (Eagan OPEn), sent a on my respect for the electoral they hope the process would A First Judicial District request to: Judge Leslie Metzen process and the separation of allow residents to make changes judge has recommended that last month on behalf of the citi- powers that are the foundations to Eagan's form of government residents who want a commis- zen group. _ of our government," Metzen that would make it more re- sion established to look into. The request came after wrote. "While it is true that sponsive to the public. whether Eagan should switch Dean's investigation into the [Minnesota statute) grants to from a statutory city to a home government process in Eagan. the district courts the power to rule charter city start a petition. "As an organization that does appoint charter commissions, • Metzen decided to appoint atom • mission; it would meet :to workout a. char ter that would>inap out`how the-goveri ment would be run;,uicludmg whether it. has a strong or weak'mayor ::The charter could' also allow for, a lar er council, placed lunits'on the couricil's' ability PiSpe`iiit taxpayer dollars • and' set up_a process tol'allow;for the recall":of"' council members. Once,'a commission`decided.to seek. charter'status it.would'present the char ter draft to the public°for a vote. The city could become a:charter city -only if a ma jority of voters approved the draft. • Mayor, Pat Awada said she was unsure what the next step in the process .would e for EagarrOP "I was surprised when they filedRfor i at I was not surprised when it was de. Hied :by the judge," Awada said "1 don't: know whether,:they will`seek'aa petition now or'if they will come before-t_l e City Council early 11 percent of the .853 cities in Minnesota are: charter cities according to he Leakue of Minnesota. Cities. Those cities include some of-Eagan's neighbors, Such. . as. Southi"St.:Paul . West St .:Paul, Hastings St. Paul and Minneapolis.. "Cities work fine under a charter," Awada`said : "From a practical standpoint, very lit- tle changes in";theday.. operations of a 'city.,'„I think charter cities usually have a -strong mayor who has veto power. I think we :work fine .with the; weak mayor sys- tem we have now where I have the same vote as every other member of`the coun- cil." CHARTER: To Page 11A hum, ob - a o - a.n i i ssion continues education Charter Commission appoints treasurer, sets up committee to determine bylaws By Joshua Nichols Sun Newspapers ' Seeking a road map to their ultimate goal, Eagan Charter Commission members have begun to outline their path. "We need to decide as a group whether or not there is a need for this commission and a char- ter," said Patricia Hurd, a mem- ber of the commission. "That is our task and it's time we began it." The commission had its Fronmpage lA .".Whether or not Eagan has gotten to that point is.up to the commission to de- cide:' -Earlier::conimission meetings fea- tured_other guests, including represen- tatives from -the. League of Minnesota Cities, helping to get the commission up to speed on the workings of the charter commission process. A charter would lay down the rules of government.for the city and serve as a city -constitution. The charter also could allow fora larger council, place limits on the. council's ability to spend taxpayer dollars, and setup a process to allow for the: recall: of council members, or go in any other -direction the charter commis- sion sees fit. Bell warned the commissioners that :they:_shoul;d;, separate their decisions from any. personal opinions they have about meiribers of the City Council. "When a charter commission is formed, generally.• it is over something that the:citizens are upset that the coun- • cil'has doie'or.other personality issues with,the council,"'Bell said. "I urge you not'' -to drafel charter based on who you 1ike.and wlo`you`don't like on the coun- third meeting earlier this month. Commission members have continued to educate them- selves about how other charter commissions have gone about their task and what legal re- quirements they have. Bob Bell, a member of the Roseville Charter Commission that has been meeting for 18 months, shared his experiences in Roseville with commission members. Bell was also the city attorney for Roseville and is on the Ramsey County Charter Commission. "What you need to do is to understand how Eagan is cur- rently organized," Bell said. "Then you can decide whether If the commission decides to seek charter status, it presents the charter draft to the public for a vote. The city could become a charter city only if a ma- jority of voters approve the draft. In Min- nesota, 12 percent of cities have char- ters. If the charter commission members decide during their meetings that a char- ter is not necessary or desirable for Eagan, the commission may be dis- charged by a vote•of three -fourths of its members. After that, another commission can- not be reformed for at least another year. • Al Stafford, the commission's tempo- rary convener, appeared before the Eagan City Council during its June 5 meeting seeking guidance on how the commission will receive the $1,500 a year the city is required to provide by state law. State law says cities are required to provide that. funding to the Charter Commission to provide for "reasonable expenses" such as postage, copying fees, clerical help Old legal opinions. Cities can also provide more funding at the dis- cretion of the council. Rather than having the commission pass on bills for its expenses to the city, the council decided it would rather grant the commission's funding all at once. The $1,500 would be for a calendar year, meaning the commission would still re - any of that will be. changed:" Bell said that while there are many topics that a:charter for a city can address, some of the basic issues are the responsibil'- ities of the mayor, electing coun- cil members at large or by dis- tricts; and giving' the. voters!: a biggerrole in government Bell• told the commissioners~ that in his opinion Roseville has. reached a size whereeitwouldbe better;; served by-council=mem=.=" bers. representing mdi�idual. areas of the city rather: than the city as a -whole. "My opinion is when a city' becomes too large it needs dis tricts," Bell said. .ai CHARTER: To Page 12A ceive the full amount this- year, ,arid at the end of the year the commission would present a report on its expenses to the city and return any funds not spent. However, the council decided to hold off on issuing the $1,500 to the commis- sion until it elects 'its officers and has a treasurer in place to receive the funding. Toward the end of the June 13 meet- ing, some commissioners pushed for offi- cers and bylaws to be established. "With all due respect, we have met three times for two hours and we've re- ceived lots of information and learned a lot," Commissioner Greg Wilken said. "But we are no closer to organization, now than we were when we first start- ed." The commission elected commission- ers Betty Fedde and Tom King as trea- surer and assistant treasurer,respec-- tively. In addition, they appeinted Hurd and commissioners Michael Dean and Sherie Wallace to a committee that will. provide suggestions for bylaws by the commission's next meeting, Until the commission receives its funding from the cityso it can pay the rental rates for using the: Eagan Municr ipal Center after business hours it plans to continue to meet at the Wescott Li= brary inEagan. Theconimission's next meeting,is set for 6:15 p m Wednesday July 11, at the library.; 20A Apple Valley/Rosemount, Eagan Sun•Current/Wednesday, May 24, 2000 www.mnSun.com Eagan OPEn turns focus to petition for charter commission. Citizens group seeks 3,000 signatures to ask judge to appoint charter commission By Joshua Nichols Sun Newspapers In the wake of a judge's decision not to fulfill an Eagan citizens group request to appoint a charter commission for the city, the group has started down the second of 'three avenues open to their effort. "We are committed• to pursuing it to see what it could do for the city of Eagan," said Eagan OPEn spokesperson Susan Widmar. "We think it's necessary to review what is now a one -size -fits -all govern- ment and really should be a custom -fit government for a city that has grown from a small city to nearly 60,000 in a blink of an eye." In a written response to the group's re- quest last month to form a charter com- mission, .First Judicial District Judge Leslie Metzen declined to appoint a com- mission but did not judge the merits of forming one. Instead, she advised the group to start a petition if Eagan OPEn wanted to continue with the initiative. Work has now begun .on that effort, Widmar said. Although state statutes call for such a petition to bear the names of 10 percent of voters who voted in Eagan's last city election - amounting to about 2,700 sig- natures — the group is aiming for 3,000 signatures, she said. Part of the process associated with the petition is educating residents on what a charter commission and a charter city mean. "The people need to understand that the commission is an audit of the city gov- ernment," she said. "It's a review process to determine if things need to be changed." Widmar and other supporters of home rule charter status said they hope the pAcess would allow residents to make changes to Eagan's form of government that would make it more responsive to the public. - If Metzen appointed a commission, it would meet to work out a charter that would . map out how the government would be run, including whether it has a `strong' or 'weak' mayor system. The charter could also allow for a larg- er council, place limits on the council's ability to spend taxpayer dollars, and set up a process to allow for the recall of council members. Once a commission decided to seek charter status, it would present the char- ter draft to the public for a vote. The city could become a charter city only if a majority of voters approved the draft. "More than 25 years have gone by now since Eagan became a city and the statu- tory city status may or may not work for it now," Widmar said. "It would be up to the charter commission to make that kind of appraisal." According to stn..._ statutes, the group could also approach the City Council to ask it to request a charter commission be formed. During the council's May 16 meeting, Councilmeinber Peggy Carlson said she didn't understand why the group felt the need to pursue the petition instead of ap- proaching the City Council. Following the meeting, Widmar said Eagan OPEn chose to seek the commis- sion through petition because it feels some council members are against allow- ing the residents who support the group a role in the proceedings. At the May 16 meeting, Councilmem- bers Sandy Masin and Bea Blomquist both indicated they supported the group's efforts to get a commission ap- pointed. Masin attempted to make a motion to place consideration of the issue on a fu- ture council meeting agenda, but her re- quest did not meet council meeting pro- cedure since it was not relevant to any items on the agenda. However, Masin and another council member can request the issue be placed on a future agenda. Carlson said she would be open to talking with Masin about bringing a dis- cussion of the issue before the council. Nearly 11 percent of the 853 cities in Minnesota are charter cities, according to the League of Minnesota Cities. Those cities include some of Eagan's neighbors, including South St. Paul, West St. Paul, Hastings, St. Paul and Minneapolis. Petition forms from Eagan OPEn are available by calling 651-456-0173, e- mailing eaganopen@uswestmail.net or writing to Eagan OPEn, P.O. Box 21321, Eagan, MN 55121. -1-i - 1 O- moo ► organizational_: structure `ffom , `- home rule charter and may exeT' cute any: functions in:thelocally adopted,- charterr `c§ii$T$tent with state laws The -home rule char ter is in effect : a local constitu-' tion. . :.:Charter commission .• mein- bets will be appointed to either a:; allowed in.. the state. of Minnesota.. A . statutory ,city `derives its authority and organ zational. structure from Chapter 412 of Minnesota Statute:;' The other basic form ofgovernment allowed;by state law is a Home Rule City A', home 'rulecity erives: its authority and :its :District. _c toy.•request pagan chaff by John Sucansky Staff Writer Judge Leslie Metzen, chief judge Of. District Court Dakota ; County, allowed the request of over 850 Eagan citi- zens . . and agreed to appoint a charter commission of 13 mem bers for the city of Eagan:: `;': • The city :of Eagan has been two year or a four yearterm at asked by. the: Dakota County the discretion -of Judge Metzen:.. District. Court to solicit apphca- Once the home rule charter is tions from residents interested drafted Eagan voters m a'loea1 -in serving.on::a charter` commis-alechon ust, approve t_before -; sion ' `it may be:enacfed Currently," the city operates Any Minnesota 'ei as a "statutory city," one of two adopt a home._. rule charter.:. basic ' forms of government According to the LLeague of Minnesota :Cities,:, of the cities in the state ,107 now ope.r- ate Aunder a voter approved home rule charter. Duke Addicks, special coun- sel for the League of Minnesota Cities said the main difference between a statutory city and a See Charter, 8A `r - J Qe-IO t7 Z - l O - -zoo Charter/Continued charter city is the perceived con- trol that citizens have over the local government. "You have to be real careful what you put . in . a charter; though, you're anticipating the needs of a city in the future, not just solving a current problem," said Addicks. He said that while it is possi- ble to amend a charter, it is typ- ically difficult to undergo this process. -. There are several plans for city :governments devised, said Addicks. Under a statutory city, there ,is plan. A, which has a strong city council responsible for all: decisions in the -city, and plan-B, which has a -strong city Join us here at the CHART HOUSE RESTAURANT for the Minnesota Waterfowl Association 7 t h Annual Cabin Fever Banquet THURSDAY FEBRUARY 22ND 2 0 0 1 �lhrl. manager. Eagan is a plan A city under the statutory cities. Addicks said a charter com- mission could turn the city into more of a plan B . city with a charter, or go with a strong mayor plan that is available under a charter. .He said most Minnesota cities that operate under a charter are similar to what. Eagan is now as a plan A statutory city. He said a charter - makes it possible for citizens to use the initiative and referendum - process to have ordinance legis- lation passed.. This: legislation will riot: have, any effect on the crty's: budget: or ' property- tax levy, but can affect the livability of the city. "A statutory city is limited by the power the state legislation gives them, however, under a statutory city, the city is entitled to all the powers a city. may have," said Addicks. The charter, commission was made possible by the efforts of the Eagan Organization for Process Enlightenment (OPEn).. Thegroup's founder, Susan Widmar, said the group began in January 2000: as •a watchdog group in the city to express the citizens' voices. Widmar said she is. inclined to:-apply,,for .the -.commission, aio-Vs5•A' but, "It's not about whether I serve on the commission. I'm more inclined to encourage peo- ple of all walks in the city to apply „ She said the benefits of a charter city are that it gives citi- zens a chance to write in specif- ic wants and tailor the govern= ment to make it specifically whatthey want. - -According to ,Metzen's find- ings, the primary election held Sept. 12, 2000, satisfied the •def- inition for 'a regular city elec- tion, which is needed in order to meet the requirements of.; the petition.. . The petition must'be signed by approximately 10 percent of ;_,the voters registered in the last .election,; which for the{pnmary was 7,672 The 853 ,signature`s, on the petrtiop were ;found to g et tffe I Q p.'ercent:Gt5i3 jen :7t an $ so pit6ved tfi initakrng applica-, • er coinmrssron. or'more informations about serving on the 'Eagan Charter Commission rfi11 out.an applrca tiontiand return rt�to: thecr S ministrator,s.• 0 arch pplicatioris areavarlable:on"- the city's Web site at :w.ww.city, .:ofeagattcom or by calking (651;);: 681=4613 Applications maybe: submitted m person o 2by niai Eagan ` Y City 1, Ha ` unistrator s ,Office 3830 Pilot K roh Road Eagan Minn 55122. Applications may also be faxed to (651:) 681`-4612 or e -,mailed,to administration @ci'tyofeagan.co SW 0Z-Q1 -Oot Judge green -lights Eagan charter commission First Judicial District Judge - Leslie Metzen approves Eagan OPEn petition By Joshua Nichols Sun Newspapers Eight months after a judge suggested Eagan OPEn members turn to petitioning in their charter commission effort, the process came to an end last month with; the same judge accepting the group's petition and'set- ting the charter commissioi. process in full swing. First Judicial District Judge Leslie Met- zen allowed a petition from more than 850 Eagan residents to stand Jan. 26 and agreed to appoint a 13-member charter commission for Eagan. In making her ruling, Metzen asked the city to collect applications for the commission, which would then be forwarded to her for consideration. "It was really pretty fun,"Eagan OPEn founder Susan Widmar said of the proceed- ings. "It was a very reserved occasion, but the situation obviously was celebrated after the effort we put into it." The citizen group turned in the petition 20A Apple Valley/Rosemount, Eagan Sun•Current(Wednesday, Feb. 7, 2001 to Metzen the day before the Nov. 7.General,i Election. Althoughthe number.of signatures on the petition represents more than l0.per j cent of the Eagan, voters who cast a vote;in`! the September primary election, Metzen had to decide whether the primary' election' met the state standard of the•last-"regular city. election." Eagan OPEn representatives argued that because state law'does not specify Gen- eral Election, the standard applies: to either type of election. Metzen agreed •by allowing the petition to stand CHARTER: TO Page 20A` Charter From Page lA "While I didn't have any objections to having a primary election, I 'did think it was something that was more appropri- ate to look at in the review of the city _gov- ernment that a charter commission would provide," Widmar said. "So it's ironic and fitting that we would meet the requirements based on that election." Mayor Pat Awada said she supports the idea of having a neutral group review city government. "The idea of a neutral review is just fine by me,"Awada said. "In the end there' will be a. charter commission appointed by the judge and it will be their job to rec- ommend whether Eagan needs a charter and what could be part of that charter. The final decision, of course; will rest with the Eagan voters." Supporters say changing to a charter form of government would make the Eagan City Council more responsive to the public. After Metzen appoints the commission members, they will meet to formulate a charter that will map out how the gov- ernment would be run, including whether it has a strong or weak mayor.. system. The charter also could allow for a larger council, place limits on the coun- cil's ability to spend taxpayer dollars, and set up a process to allow for the recall of council members, or go in any other di- rection the charter commission sees fit. Once a commission decides to seek charter status, it presents the charter draft to the public for a vote. The city could become a charter city only if a ma- jority of voters approve the draft. In Min- nesota, 12 percent of cities have charters. While home rule charter status does- n't necessarily imply anything specific about the kind of .government a city has since each charter city draws up its own charter, Awada said there are some givens. "Many large cities have it and they have generally been able to do more things because they write their own rules," Awada said. "I am an advocate of limited government and don't like the idea of giving cities more power. There are benefits to having a charter and there are benefits to having the form of gov- ernment we have now." The city will use the standard back- ground information form applicants for the city's advisory commissions fill out. Those forms are availableby contacting .. the city. Metzen said applications for the commission should be returned to• City Administrator Tom Hedges no more than 30 days from following the first publica- tion ofan ad announcing the .openings. After that 30-day window, the applica- tions will •be forwarded to Metzen, Hedges said. Widmar said she "would certainly apply". for the charter commission and. said not doing so after the effort put into the charter commission petition would be a disappointment to the other Eagan OPEn members. "It's nice to know that we still have an avenue for having smaller voices heard in our community," Widmar said. "It's portant to understand, what this means - though. It is not a reflection on the cur= rent administration or any past. adminis= .... trations, but a look forward to what fu- ture administrations should be. It's not a commentary at all on the personalities in city government." For an application, stop by the Eagan Municipal Center, 3830 Pilot Knob. Road,, call the city at 651-681-4601, or e-mail `. the city at citycouncil@ci.eagan.mn.us For more information on Eagan OPEn, call .651-456-0173 or e-mail eaganopen@uswestmaj.l.net. : • ' Council votes<against.. allowing commission' to. use city space' free,of charge :By,JoshuaNichols Sun Newspapers Eagan Charter Commission members who went before the Eagan City Council Nov. 20 seeking to have city meeting space fees Waived walked away without the recognition they had hoped for. -- The council voted against the request by a 4-1 vote, again reit- erating that the majority of the council does not consider the commission to be a city commis- sion and that granting it meeting space free of charge would be un- fair to other community groups. "To dismiss us and to dismiss our purpose disrespects the citi- zens of Eagan, the state Legis- lature and the laws of Minneso- ta," Charter Commission Chair- person Betty Fedde told the - council members. "Peopl& are" approaching us acid asking why we:aren'.t`inoetmg`in°City Ball. It's confusing to many people." Fedde and fellow commission member Michael'Dean spoke to the council in hopes of having the fee for city meeting space waived. City commissions use city space free of charge but most other groups must pay .a rental fee of $20 an hour with a $150 se- curity deposit. However, those fees can be waived if the group makes a request to the council and the council approves it. ,Although -the commission has made informal requests at severalcoiincil meetings to.have city meeting space rental fees waived, the. City -Council had not voted on theissue before.the Nov. 20 'meeting' because' it had not been presented as 'a, formal agenda item. When the council denied those informal.requests, council members indicated they agreed with the opinion of Mike Dougherty, Eagan's city attor- ney, that the commission is not an official city commission. Dur- ing the Nov. 20 meeting, most of . them repeated that opinion. "The council's policy is that we don't pick and choose groups on this issue," Mayor Pat Awada said. "Any group can meet in the community room and we don't give special status to any group. It would be inconsistent with council policy to do so." Councilmember Peggy Carl- son said she was worried that if . the city granted the meeting -space free of charge to the com- mission, it would be viewed as favoritism. "I think it would appear as though we are playing fa- vorites," Carlson said. "I know many people on the `commission and I have appointed some of them to other city commissions in the past. This could open us up to accusations that because we know these people that we gave it to them for free and oth- ers will want the same treat- ment." CHARTER: To Page 9A itAtiCa uC f' xct t 1- 2 $ — ? Charter From Page aA Fedde and Dean said the commission. needs the meeting space to better connect with Eagan residents and complete its task. A charter would lay down the rules of government for the city and serve as a city. constitution. The charter -also could allow. for a larger council, place limits on the council's ability to spend taxpayer dollars,. and set up a process to allow for the recall of council members, or go in any other di- rection the commission sees fit. If the commission decides to seek char- ter status, it presents the charter draft to the public for a vote. The city could become a charter city onlyif a majority of voters approve the draft. In Minnesota, 12 per- cent of cities have charters. If commission members decide during their meetings that a charter is not neces- sary or desirable for Eagan, the commis- sion may be discharged by a vote of three - fourths of its members. After that, anoth- er commission cannot be formed for at least another year. Fedde read a letter written by First Ju- dicial District Chief Judge Richard Spicer stating that in his opinion the Charter Commission is a city commission and de- serves to have the rental fee for meeting space waived. The council members said they did not agree with the letter and Dougherty said the city is not required to abide by Spicer's opinion. "The judge does not have jurisdiction over the city," Dougherty said. "It is only a recommendation." Dean said the commission and the ' council are separated on the issue by philosophical differences. He asked the 0 council members , to vote on the issue so that the commissioners would have a record. of 'the • council's position on the issue:. question before .you is that. you have, the' discretional authority to 'grant this request„" Dean. said. "We obviously have different philosophies on the issue and we just want a vote." Councilmember Meg Tilley questioned whether the six city -appointed commis- .sioris that advise the council meet in coun- cil chambers.. City Administrator Tom Hedges • said all .six do regularly meet in • the chambers. Tilley said she was in favor of waiving the meeting space . fee for the Charter Commission because other commissions get the space freeof charge and most other cities with charter commissions grant free meeting space. "Weallow other commissions to do this," Tilley said. "I'm in favor of allowing them to do it because other cities do it and they don't seem to have a problem with it." Tilley cast the lone vote in favor of waiving the fees with the other four coun- cil members voting against the issue. The discussion that led up to the vote was often marked with disagreements be- tween Commissioners Fedde and Dean and the council members. Awada said that Fedde misrepresented the fees when she wrote a letter to Spicer. However, Fedde said that while that figure [$200] had appeared in a letter she origi- nally sent to Judge Leslie Metzen, who ap- pointed the commission, she never men- tioned the figure in her letter to Spicer. Awada also said the city had received a call from Tom King, another member of the Charter Commission who is in charge of arranging meeting space for the com- mission. Since its initial meeting in City Council Chambers, the commission has been meeting at the Wescott Library in Eagan. LOCAL NEWS REGIONAL BRIEFING JOE ODEN/PIONEER PRESS end of their reign on a ccasional flurries. Light es :area is more than 2 hunger_ put food on their tables, These include affordable education and training 'able" wage, according to r the agency will carry •litical clout, "I don't )avern said,:but that:is le intent of the merger. MARSHALL, MINN. New UIm's Bishop Lucker is retiring today: Bishop Raymond Lucker, 'considered one of the more progressive bishops in the country, planned to retire today after 25 years on the job. Lucker said last summer that he no longer felt the •resilience of youth. He plans to stay active dur- ing his retirement.. "As I move into a new period of ministry, I am interested in research and writing, possibly teaching a course or two in theolo- gy, •and will be available to help out in parishes," Lucker said. Lucker's retirement will leave a void in the New Ulm Diocese, the Rev. Celestine Pistulka said. "He was a very forward -looking bishop," Pistulka said. "He's very personable and a good listener: Whenever someone needed a solu- tion, he'd do his . best to help ' in finding one." According to Canon Law, a Diocesan Board of Consultors must meet within eight days of a bishop's retirement to appoint a diocesan administrator, a priest of the diocese who will assume daily administration until a new bishop is appointed by the pope. Lucker helped develop more of a role for.women and lay minis- ters and has publicly supported ordaining married men to help alleviate the worldwide shortage of priests. — ASSOCIATED PRESS SAINT PAUL 'PIONEER PITESS SOUTH SUBURBAN= Eagan group asks c for charter;.. cominiss WHITE BEAR LAKE Ownership of old bridge disputed: Plans :to .construct a new bridge for •Manitou 'Island .in ; White Bear Lakei may be 'on :hold while .offi- cials_ try to figure: out who: actual ly own"s. the 119 year -old span The White :Bear Lake Conserva • tion District, the group that over sees the lake, : will consider Tues rioo .�:rtlh{'a lil.enCe fo crnstruct a • State petition law may require 4,900 more signatures. AMY SHERMAN STAFF WRITER Acitizen group has. submitted a request to Leslie :Metzen, chief judge of . the .First Judicial `Isis= trict. The group turned in iailont 870 ,signatures.—, .which is more than 10 percent„ of ;the number of voters who participated in the pri_=: mary. State law says such peti- tions should have 10 percent •of the number • of .voters in `the,.la§t request asking a judge to form a regular election commission to make recommenda- Dur eledicks, special ,counsek at tions about Eagan city govern- the League of Minnesota .Cities, ment, but the group may not have said that probably refers .to a gett followed proper procedure. eral 'election, _not .the .primy,• Eagan Organization for Process althoughh .that :will be up to;:jhe Enlightenment may need to collect judge., that s. : ,:;;::; a..., more signatures on . a petition before the court will agree to If the general election is the form a charter commission. - 'standard, Eagan OPEn may need Abut 4,900 signatures. The commission would involve a groupof residents writing a char- ter that would spell out everything from creating wards to how to throw council members out of office. The charter would only be adopted if voters approved, it. About 12 percent of Minnesota cities have charters. Citizens like the idea of :deciding for themselves what type of gov- ernment Eagan needs, -.said Michael Dean, Eagan OPEn "mem- ber. A day before the election, Eagan OPEn submitted the O T A INVER GROVE HEIGHTS School levy recount- starts Mon - 'day: The recountfor the Inver Grove Heights school district's levy referendum will :start Monday morning After ;voters narrowly: turned down the ` district's :request fors an :additional ..$750,000 per year on >\tn., ` 7 the school board voted The court will research whether proper procedures were followed: Neither the judge's law •clerk•:nor Eagan OPEn would supply a copy of the signatures. Eagan OPEn formed ,almost 'a year ago in the midst of various political controversies involving the city ..council to address con- cerns, about city government.' Amy Sherman, who covers Eagan;Inver:: Grove Heights and Rosemount, can be reached at ashermane ploneerpress.com or (651) 228-2174,. QUN;T.Y Admission is free 'with a business card. Call (651)'452-9872.:• — TIM CAREY, STAFF WRITER BURNSVILLE • Bus service .to Holida`ale -parade: Minnesota Valley Transit Authority is 'Offering a Saturday bus service to 'the .Holidazzle,'Parade Nov. i25 and Dec. 2, 9, "16.,and.23 from'the Charter commissionto examine city government (1/27/2001) Page 1 of 2 STORYOPTIONS,,, a E-mail to a friend Print this article Today's Pioneer Press PioneerPlanet: front ...____.._.___............................................._. News Business Sports. Entertainment Living Tech Health Water Cooler Special Reports. Classified Ads Site index FIND AiGAR FIHO CAREER `�EIHD HO EI TwinCitieso,ton Published: Saturday, January 27, 2001 EAGAN Charter commission to examine city government Citizens' panel will make recommendations AMY SHERMAN STAFF WRITER Wanted: Thirteen Eagan residents to join a charter commission to recommend ways to improve city government. Formation of the charter commission got the go-ahead Friday from Leslie Metzen, chief judge of the First Judicial District. Metzen will select the commissioners after reviewing their applications. Susan Widmar, a resident who has advocated for the commission, said she is pleased that citizens will have the opportunity to examine the form and function of government. The commission will write a charter about how city government should operate and could include things such as creating wards and how to recall council members. It could take more than a year to complete the charter, which would be adopted only if voters approve it. Ten of the 13 cities in Minnesota with populations of more than 50,000 have charters, said Duke Addicks, special counsel for the League of Minnesota Cities. Members of Eagan Organization for Process Enlightenment collected about 850 signatures from residents calling for the commission. Eagan OPEN formed about a year ago in the midst of various political controversies calling for ethical government. In a memo to the court, City Attorney Michael Dougherty raised http://www.pioneerplanet. com/seven-days/sat/news/docs/03003 5.htm 1/29/01 Charter commission to examine city government (1/27/2001) Page 2 of 2 Help News Archives Feedback Back to Top a few concerns about the petition and argued that the group didn't collect enough signatures. The Minnesota statute regarding charter commissions states that the number of signatures should at least equal 10 percent of the number of voters who voted in the last regular election. Dougherty suggested that "regular" refers to the general election, while the residents said it could refer to the primary. Judge Metzen sided with the residents. Some residents who signed the petition say they hope the commission can recommend ways to improve communication between the City Council and the public. The council has set improving communication as one of its priorities. "I don't like government to have too much control," resident Debra Senst said. "The more people involved (in government) the better." The City Council has not taken an official position on the merits of a charter commission, but Council Member Peggy Carlson wrote a letter to the judge expressing concerns. "With the simple gifts of common courtesy, truthfulness, and cooperation, the new council has proven how local government should operate," Carlson wrote. —We do not want to be sidetracked with the negative energy this group drains from council, staff and our citizens." Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can be reached at asherman@pioneerpress.com or (651) 228-2174. © 2001 PioneerPlanet / St. Paul (Minnesota) Pioneer Press / TwinCities.com- All Rights Reserved copyright information http://www.pioneerplanet.com/seven-days/sat/news/docs/030035.htm 1/29/01 Plaintiff drops lawsuit against elected officials (4/22/2000) Page 2 of 3 did not violate any law by doing so. Eagan residents can now know that their public officials didn't do anything wrong, Bakken said. "It's like I had something on the bottom of my shoe that I finally managed to scrape off," he said. "I'm glad Mr. Vincent finally came to his senses and realized there was no wrongdoing on behalf of the city or any individual in regards to his park commission appointment," Awada said. That's not the way Vincent sees it. Not only did I win, the community won," he said. "I think that what has been proven here is that as a resident and person in the community you have the right to hold your elected officials to a standard." Vincent said he pursued legal action after he failed to get an apology from the elected officials. The point of the case was to "let local officials know that secrecy will not be tolerated," Vincent wrote in a press release. The lawsuit elevated public awareness of the need to monitor elected officials, which is being undertaken by Eagan Organization for Process Enlightenment, he wrote. Started this winter by residents, Eagan Open aims to get citizens involved in reviewing city government procedures. The information in the private investigator's report was irrelevant to Vincent's pursuit of a spot on the commission, he said. If officials were concerned about what they read, they should have shared it with the entire council and talked to him about it, Vincent said. The mayor said she had a duty to look at the report. "It's very important to me to not appoint people who have bad character," since commissioners are public officials and a reflection of the city, she said. "Michael had numerous problems with many people in Eagan and those people were appalled that he was representing the city as an appointed official. Because I'm mayor they brought it to my attention." Awada obtained the report from the investigator, and asked Bakken to deliver it to Carlson. "When it was handed to me in an envelope I had no idea what it was," Carlson said. When Carlson asked Bakken to explain what it was, he said he glanced at it and said it was court judgments. The officials said they did not talk about how they were going to vote on Vincent's appointment. Council Members Bea Blomquist and Sandy Masin, both of whom supported Vincent's appointment, said their peers' actions were wrong. "This should never, ever happen again where one person is treated differently than all the rest of the applicants," Blomquist said. Four lawyers represented the three officials and the city. The bill for the defendants' lawyers has totaled about $78,245 so far, but it's possible that there will be additional costs, said Gene Van Overbeke, the city's finance director. The city will pay for $25,000 from its deductible while the rest will be covered by .../003390.htm&NS-query=Eagan&NS-search-type=NS-BOOLEAN-QUERY&NS-collection 4/28/2000 Plaintiff drops lawsuit against elected officials (4/22/2000) Page 3 of 3 Help Ni Archives Feedback insurance. The $12,000 the League will pay is separate from the lawyers' bills. This case is separate from Vincent being charged with forgery in Dakota County District Court. Vincent allegedly forged a letter by the mayor saying she was considering a Senate bid. He has denied the charges. The law firm that represented Vincent, Mansfield, Tanick & Cohen, will donate a portion of its fees to a local organization that fosters improved public policy and monitors the conduct of elected officials, Vincent wrote in a press release. Vincent said he has no interest in being on a commission again, but hasn't ruled out running for City Council this fall. Amy Sherman, who covers Eagan, Inver Grove Heights and Rosemount, can hack to Top be reached at ashermangpioneerpress.com or (651) 228-2174. 2000 PioneerPlanet / St. Paul (Minnesota) Pioneer Press - At Rights Reserved c pyright information .../003390.htm&NS-query, Eagan&NS-search-type=NS-BOOLEAN-QUERY&NS-collection 4/28/2000 MNSUN - News Page 1 of 3 _IIIRPWSpapers GocalINews Local News Community Education Calendar Opinion Public Safety Seniors Obituaries Ledals Election News `Local=5 � orts_= Sports News Sports Briefs Events/Scores Home Page Archive Business News Classifieds Finance Calc Horoscope Market Place Net Directory Nutrition Calc Weather Contact Us How to Advertise Jobs At Sun Sun Slots • Local Forecast Click Here Charter commission set, first meeting set for April 18 By Joshua Nichols Sun Newspapers (Created 4/4/01) What: First meeting of Eagan Charter Commission When: 7 p.m. Wednesday, April 18 Where: City Council Chambers of Eagan Municipal Center, 3830 Pilot Knob Road Information: 651-681-4600 Whether Eagan residents will get a chance to vote on a charter and what that charter may look like will be up to 13 residents recently chosen to the city's first charter commission. First Judicial District Court Judge Leslie Metzen appointed the members to the commission in papers filed in court March 21. The appointments came after Metzen accepted a petition from Eagan OPEn bearing the names of more than 850 Eagan residents. Metzen made the appointments to the commission from among more than 40 Eagan residents who applied for the commission through the city. Friday, AI al a Click, DoCU[ Coio`i;"' Black J Dig At he Pr 0,yot a. wel or a wi irede; (Click http://mnsun.com/story.asp?city—Eagan&story=65243 4/6/01 MNSUN - News Page 2 of 3 =S •.ecialSection Affordable Housing Who's Who NET DIRECTory Search'. The WeL5 Powered by: Doris Dahline, Michael Dean, Betty Fedde, Patrick Geagan, Patricia Hurd, and Gunnar Isberg were appointed to four-year terms and Margo Danner, Robert Kane, Thomas King, Alvin Stafford, Sherie Wallace, Susan Widmar and Gregory Wilken were appointed to two-year terms. ; Hurd, an Eagan resident for more than five years and a member of the city's Waste Reduction and Recycling Commission, said she was drawn to taking part in the charter commission process when members of Eagan OPEn approached her with their petition. Hurd is a member of FairVote Minnesota, a citizen coalition aimed at educating voters throughout the state about the advantages of different electoral systems. "I think this is a good opportunity to open up the governing process a lot and encourage more people to participate in local government," Hurd said. "There is too much apathy out there and maybe we can change the government to let more people know about the decisions being made in their community." Patrick Geagan is familiar to many Eagan residents from his more than 30 years of service for the Eagan Police Department, including 10 years as chief of police. He said he doesn't have an agenda going into the charter commission process, but hopes his experience will be a valuable asset for the commission. "Working in the city for the length of time and in the capacity I did, I think I bring to the table an insight into how the city works," Geagan said. "I've been there before and at least on the professional level, I know what goes on in the city.' The members of the charter commission will begin meeting April 18 to begin discussing first whether Eagan needs a charter and, if so, what that charter should include. That meeting will also likely include decisions on how the meetings will be run, which is not set out in state statutes regarding charter commissions. Charter supporters say changing to a charter form of government would make the Eagan City Council more responsive to the public. Widmar, who started Eagan OPEn, said she hopes the end result of the commission's work will do just that. "I am way more neutral than people might think," Widmar said. "I am an advocate for open communication and having a sharing process where parties that wish to get involved in the process are able to get involved. Other than that, I am a humble servant." Widmar estimated that it would be at least a year before the commission would be ready to make a recommendation. A charter would lay down the rules of government for the city and serve as a city constitution. The charter also could allow for a larger council, place limits on the council's ability to spend taxpayer dollars, and set up a process to allow for the recall of council members, or go in any other direction the charter commission sees fit. If the commission decides to seek charter status, it presents the charter draft to the public for a vote. The city could become a charter city only if a majority of voters approve the draft. In Minnesota, 12 percent of cities have charters. FRrfrdA whn hasn't hpAn artivA in r.itv nnvArnmPnf hafnrP said chA was http://mnsun.com/story.asp?city=Eagan&story=65243 4/6/01 MNSUN - News Page 3 of 3 attracted to the commission because it gives Eagan residents a chance to .safeguard the city's reputation. "I was hoping we can do good for the city and make sure the city has a good reputation and continues to operate professionally down the road," Fedde said. A 21-year Eagan resident, Fedde said she looks forward to the give and take with the other members of the charter commission and getting to know them better throughout the long process. "I think we will be able to come to a compromise that will work for the city and ;will serve the betterment of the city," Fedde said. State law restricts how much money can be provided to the commission by the city for expenses such as an attorney to help draw up the charter and printing 'expenses. Members receive no compensation and the most funding they can receive from the city is $10,000. If the charter commission members decide during their meetings that a charter is not necessary or desirable for Eagan, the commission may be discharged by a vote of three -fourths of its members. After that, another commission cannot be reformed for at least another year. Dahline, who recently retired after working in a management position with VTV Productions, said she will bring the experience of having lived in Eagan since the 1960s to the commission's task. ' "Having been a resident for 40 years, having seven children go through the community's school system, being made a single mom in 1977, and now being a senior citizen, I think I have covered a lot of ground in my life," Dahline said. "I've got a lot of life experience in Eagan and I think that will be beneficial." http://mnsun.com/st'ory.asp?city=Eagan&story=65243 4/6/01 Ma 2000 8:37AN THE WALLACE GROUP No.1823 P. 4/4 1 :ve o- �u •a- y ►u If iu i- t 0 BURNSVILLE Dressing for success A program at Dakota County Technical College sells reasonably priced interview- and job -appropriate clothing to students. PAGE 5B SOUTH SUBURBAN Court rejects group's bid for charter commission AMY SHERMAN STAFF WRITER Ajudge has denledi a citizen group's request to appoint a charter commission in Eagan. That doesn't mean the initiative' is dead, however, Residents can collect signatures — they need a number equal to 10 percent of the voters who participated In the last election, which is about 2,700 — and:sub- mit that petition to Leslie, Metzen, chief judge of the , lst Judicial ` District, which includes Dakota County, Resident Michael Dean recently submit- ted a 23-page request to Metzen oh behalf of Eagan Organization for Process Enllght enment, a government watchdog group that formed this winter. Susan Widmer, Eagan OPEn spokeswoman, would not comment Thursday on whether the group will now go collect signatures. Supporters of a charter commission say it wouldallow residents to make changes to their form of government and give a "voice to citizens. If appointed, a commtsston would write a charter that could spell out everything from the number of officials voters should elect to how to remove politicians from office. A charter would only be adopted if voters approve it. About 100 of the 853 cities in Minnesota have charters, including South St. Paul, West St. Paul and Hastings. Although Metzen declined to appoint the charter at this time, she told Dean that it did not reflect her judgment on the merits of his argument for the commission,. according to a May 2 letter. MII1 Bic A pc knot four Sou. Kidstake to. sch+ Mary Henry, 12, center, gets more I practice for her rap drill team. Assia left, and Clore Williams, 11. The Lutheran Church in New Brighton as 6514523504 _> CITY OF EAGAN , TEL-6516814612 05/05'00 09:30 coww OL - Z001 Charter Commission now reality Judge selects 13 members from 40 applicants By Joshua Nichols Sun Newspapers Whether Eagan residents i will get a chance to vote on a charter and what that charter may look like will be up to 13 residents recently chosen to the city's first charter commission. First Judicial District Court Judge Leslie Metzen appointed the members to the commission in papers filed in court. March 21. The appointments came after Metzen accepted a petition from Eagan OPEn bearing the names of more than 850 Eagan resi- dents. CHARTER: To Page ..8A Charter From Page lA Metzen made the appointments to the commission from among more than 40 Eagan residents who applied for the commission through the city. Doris Dahline, Michael Dean, Betty Fedde, Patrick Geagan, Patricia Hurd, and Gunnar Isberg were appointed to four-year terms and Margo Danner, Robert Kane, Thomas King, Alvin Stafford, Sherie Wallace, Susan Widmar and Gregory Wilken were appointed to two-year terms. Hurd, an Eagan resident for more than five years and a member of the city's Waste Reduction and Recycling Commis- sion, said she was drawn to taking part in the charter commission process when members of Eagan OPEn approached her with their petition. Hurd is a member of FairVote Minnesota, a citizen coalition aimed at educating voters throughout the state about the advantages of differ- ent electoral systems. "I think this is a good opportunity to open up the governing process a lot and encourage more people to participate in local government," Hurd said. "There is too much apathy out there and maybe we can change the government to let more people know about the decisions being made in their community." Patrick Geagan is familiar to many Eagan residents from his more than 30 years of service for the Eagan Police De- partment, including 10 years as chief of police. He said he doesn't have an, agenda going into the charter commission process, but hopes his experience will be a valuable asset for the commission. "Working in the city for the length of time and in the capacity I did, I think 'I bring to the table an insight into how the city works," Geagan said. "I've been there before and at least on the professional level, I know what goes on in the city.". The members of the charter commis- sion will begin meeting April 18 to begin discussing first whether Eagan needs a charter and, if so, what that charter should include.. That meeting will also likely include decisions on how the meet- ings will be run, which is not set out in state statutes regarding charter commis- sions. Charter supporters say changing to a charterform of government would make the Eagan City Council more responsive to the public. Widmer, who started Eagan OPEn, said she hopes the end result of the com- mission's work will do just that. "I am way more neutral than people , might think," Widmar said. "I am an ad- vocate for open communication and hav- ing a sharing process where parties that wish to get involved in the process are able to get involved. Other than that, I am a humble servant." Widmar estimated that it would be at least a year before the commission would www.mnSun.com What's next What: First meeting of Eagan Ch ter Commission When:7 p.m.'Wednesday,April 18 Where: City Council Chambers of Fagan Municipal Center,3830 Pilot End-) Road Information: 651-681-4600 be ready to make a recommendation. A charter would lay down the rules of government for the city and serve as a city constitution. The charter also could allow for a larger council, place limits on the council's ability to spend taxpayer dollars, and set up a process to allow for the recall of council members, or go in any other direction the charter commission sees fit. If the commission decides to seek charter status, it presents the charter draft to the• public for a vote. The city could become a charter city only if a ma- jority of voters approve the draft. In Min- nesota, 12 percent of cities have charters. Fedde, who hasn't been active in city government before, said she was attract- ed to the commission because it gives Eagan residents a chance to safeguard the city's reputation. "I was hoping we can do good for the city and make sure the city has a good reputation and continues to operate pro- fessionally down the road," Fedde said. A 21-year Eagan resident, Fedde said she looks forward to the give and take with the other • members of the charter com- mission and getting to know them better throughout the long process. "I think we will be able to come to • a compromise that twill work for- the city and will serve the betterment of the city," Fedde said.: State law restricts .how much money can -be provided to the commission by the city for expenses such as an attorney to help draw up thecharterand printing ex- penses. Members receive no compensa- tion and the most funding they cam :re- ceive from the cityis $10,000. If the charter commission members decide during their meetings that a char- ter is not necessary or desirable for Eagan, the commission may be dis- charged by a voteof three -fourths of its members. After that, another commis- sion cannot be reformed for at least an- other year. Dahline, who recently retired after working in a management position with VTV Productions, said she will bring -the experience of having lived in Eagan since the 1960s to the commission's task. "Having been a resident for 40 years, having seven children go through the community's school system, being made a. single mom in 1977, and now being,a se- nior citizen, I think I have covered a lot of ground m my life;" Dateline said. "I've got a lot of life experience in Eagan and I' think that will be beneficial." 5 o i 1Z7 - Z0o ( www.mnSun.com Apple Valley/Rosemount, Eagan Sun•CurrentlWednesday, Nov. 7, 2001 13A Charter From Page 1A While noting that Minnesota statutes do not explicitly require a city to provide meeting space for a charter commission, Spicersaid for the commission to do its job it becomes necessary for a city to do so. "The ability of a charter commission to comply with two other statutory sections becomes unnecessarily burdensome in theabsence of such a provision by the city," Spicer wrote. State statutes call on the commission to hold meetings and supply the city with a report or a draft of a proposed charter "as soon as practicable," Spicer wrote. Re- fusing to provide space for the commis- sion makes it hard for the commission to meet those goals, he said. Spicer concluded his letter by recom- mending that since all other city com- missions receive city meeting space free of charge, the city provide the Charter Commission with the meeting space in "an even-handed manner." Hedges said the issue isn't that the city is against providing the meeting space, but that rather the Charter Com- mission has not made a formal request to have rental fees for meeting space waived. Hedges said he sent a letter to the Charter Commission• to see if the members intended to present a request to the City Council but he had not heard back from them. "They certainly have a legitimate re- quest if they want to use the facilities and , I think more so if the City Council would be willing to waive the expense," Hedges said. "Giving them space has never been the issue. It's been the cost." However, Fedde said commission rep- resentatives have made that request clear on at least two occasions. Both times the council denied the request with Charter From Page 13A the reasoning that+the commission: isnot • an official city commission under the council's control. Hedges said-: Spicer's letter would be taken into consideration when the coun- cil makes a decision regarding the issue. The Charter Commission was tentative- ly set to appear before the City Council at its 6:30 p.m. Thursday, Nov 8, meeting at the. Eagan Municipal Center, 3830 Pilot Knob Road. "The letter is recommending that the city grant them the space and that letter - will be shared with the council," Hedges said. "It will definitely be something the council will consider if the commission makes a request." A charter would lay down the rules of government for the city and serve as a city constitution. The charter also could allow for a larger council, place limits on the council's ability to spend taxpayer dollars, and set up a process to allow for the recall of council members, or go in any other direction the commission sees fit. If the commission decides to seek charter status, it presents the charter draft to the public for a vote. The city could become a charter city only if a ma- jority of voters approve the draft. In Min- nesota, 12 percent of cities have charters. Charter Commission representatives appeared before the council in the past to seek guidanceon how to receive $1,500 in annual funding the city is obligated by law to provide for the commission's, oper- ation. During that June 5 meeting, Mike Dougherty, Eagan's city attorney, said in his opinion the commission is not an offi- cial city commission. He later wrote out that opinion in response to letters from Fedde and Al Stafford, the commission's "temporary convener." "The Charter Commission exists by the reason of a court appointment process," Eagan City Attorney Mike Dougherty wrote in that letter. "Unlike other committees, the City Council, though responsible for the management Rather than having the commission - pass on bills for its expenses to the city, the council decided it would rather grant the commission's funding all at once. That funding was held back until the commission established its officers, which it did the week after the June 5 meeting with the council. During the June 5 meeting, Stafford told the council the commission was ba- sically at a "standstill" without funding to go about its job. Without meeting space provided by the city, the commission has faced similar barriers as it tries to go about its task, said Fedde, the commis- sion's treasurer. While the commission's first meeting was in Council Chambers at the Eagan Municipal Center, since then it has usu- ally met at Wescott Library. However, meeting there has had its problems. "It's really been extremely inconve- nient," Fedde said. "Since we meet regu- • •ry�m CY;t ocD•,CD• oo wn c N m ti • c a)p b ,,• d. e+CD 0el.-MA,{oC�j 5 CD F µ ' larly there we can only book the space two weeks prior to the meeting. One time the space was claimed so we had to scramble for space and change things at the last minute. It's also made meeting public notification requirements hard." Fedde said the commissionhas been "progressing, but slowly" in its work since it was formed in April. The commission. will elect permanent officers at its Wednesday, Nov. 14, meeting. The com- mission has established two separate work plans that will be melded into one to guide its work. Those work plans include time frames to complete tasks and setting up work- shops with the city to learn more about how the city functions. "We have to have that contact to figure out how the city is put together right now before we can decide what changes we want to suggest," Fedde said. If the commission members decide during their meetings that a charter is not necessary or desirable for Eagan, the commission may be discharged by a vote of three -fourths of its members. After that, another commission cannot be formed for at least another year. M 'a,--- M % o Cf C3 5''b � m �' � p � ti ' p ,',. o o' p a, CD R,4 .� R,cD A) ki n W (f) 0 CD ck N. N 5 CD: 0 CD 3 N. N O N 03. of affairs of the city, cannot appoint a charter commission.." Dougherty.also said Tthat the issue re garding meeting spacefees is something governed by established city practice. City commissions use city space free.. of charge but most other: groups must pay- a rental fee. However, that fee can be waived if the group makes that request to the council and the council approves it. 0 State law says cities are required to provide fundingto the Charter, Commis- sion to provide for "reasonable' expenses" such 'as postage; copying fees, clerical help and legal opinions. Cities can also :provide more funding at the discretion' of the council: Rather than having the commission CHARTER: To Page 17A