[RP TownTalk] Transportation Study/Traffic Management

Mon Nov 14 20:53:50 UTC 2011

Melissa – 

There is not a day that goes by that I do not forget that I am elected by
the people and work for all the residents in town (whether they vote or not)
and have a responsibility to live up to my oath of office.  I believe if you
came to one of the meetings in which the Cafritz team was presenting you
would see a highly-engaged Council that is asking tough questions and
negotiating in the town’s best interest.  Given that I live ½ block from the
RR tracks it is impossible not to notice the constant horn and vibration of
the house and agree that in the future we should expect to see more, not
less, train traffic.

If you feel that we as a Council are not doing our jobs or adequately
representing the Town there is a straightforward recourse in 1.5 years
during the next election cycle.  There is a more expedient course of action
however, as provided by our Town Code and Charter, that I will list out for
you at the bottom of this email.  I do not believe this project will be
creating an ordinance as part of our comments to MNCPPC/County Council.  The
good news is that leaves Section 2-2 of the Town Code regarding Action on
Petitions (if you had specific action for the Council to consider) which
requires much less work on your part (10% of registered voters vs. 20%).
Section 803 of the Town Charter does specify the Council’s power as to
public ways and if you wanted to change this it would invoke the Section 211
20% Referendum requirement.

More importantly, I am always up for suggestions for improvement if you feel
that I specifically am not living up to my sworn duty as your
representative.  Please keep in mind I represent many constituents with a
myriad of opinions.  Regardless of what position I support and vote for, I
am always in a position of not representing the needs and desires of at
least some portion of that constituency.  I have tried to reach out,
including holding an open house at the Kelly house last week (thanks again
Kate and Joe for your hospitality) for residents in the most immediately
impacted section of Ward 1 to have one-on-one time with me.  I am happy to
do this again or for any group of citizens.

§ 2-2. Action on petitions.

Any petition bearing the signatures of bona fide residents of the Town of
Riverdale Park equal to at least ten (10%) of the number of registered
voters in the town shall be acted upon by the Council at the meeting at
which it is presented.  If any member of the Council believes the petition
has merit enough to warrant further Council deliberation, action may be
taken to refer it to a standing or regular committee or to a special
committee or to table it to a committee or table it to the next meeting or
to a special meeting. In any event, decisive action must be taken at the
next regular Council meeting. Under no circumstances shall such a petition
be construed to be a demand, request, or pressure for the recall of an
elected official.

And

§ 211: Referendum

If, before the expiration of twenty (20) calendar days following approval of
any ordinance by the council, a petition is filed with the town
administrator, or the mayor in the town administrator's absence, or the
vice-chairman of the council in the mayor's absence, containing the
signatures of not less than twenty percent (20%) of the total number of
qualified voters of the town as reflected in the universal voter
registration totals for the town on the date of the approval of the
ordinance and requesting that the ordinance or any part thereof be submitted
to a vote of the qualified voters of the town for their approval or
disapproval, the council shall have the ordinance, or the part thereof
requested for referendum, submitted to a vote of the qualified voters of the
town at the next regular town election or, in the council's discretion, at a
special election occurring before the next regular election.

No ordinance, or part thereof requested for referendum, shall become
effective following the receipt of such petition unless and until approved
at the election by a majority of the qualified voters of the town voting on
the question. An emergency ordinance, or the part thereof requested for
referendum, shall continue in effect for sixty (60) days following receipt
of such petition. If the question of approval or disapproval of any
emergency ordinance or any part thereof has not been submitted to the
qualified voters of the town within sixty (60) days following receipt of the
petition, the effect of the ordinance, or the part thereof requested for
referendum, shall be suspended until approved by a majority of the qualified
voters of the town voting on the question at any election. Any ordinance or
part thereof disapproved by the voters shall stand repealed.

And 

§ 803: Town Powers as to Public Ways

(a) Establish, regulate, and change from time to time the grade lines,
width, and construction materials of any town public way or part thereof,
bridges, curbs, and gutters.

(b) Grade, lay out, construct, open, extend, and make new town public ways.

(c) Grade, straighten, widen, alter, improve, or close up any existing town
public way or part thereof.

(d) Pave, surface, repave, or resurface any town public way or part thereof.

(e) Install, construct, reconstruct, repair, and maintain curbs and/or
gutters along any town public way or part thereof.

(f) Construct, reconstruct, maintain, and repair bridges.

(g) Name town public ways, except as covered by other agencies of the state.

(h) Have surveys, plans, specifications, and estimates made for any of the
above activities or projects or parts thereof.

(i) Close, abandon, or restrict access to any town public way or part
thereof.

Best,

Jonathan

Jonathan W. Ebbeler

4711 Oliver Street

Councilmember – Ward One

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