07-11-1995 - Laserfiche WebLink

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MOUNDS VIEW CHARTER COMMISSION MINUTES 1111 REGULAR MEETING ;• 7- 11-95 1. Call to Order - by Chair Russ Warren at 7:00 p.m. 2. Roll Call - Present: Virgil Beyer, Dave Long, Jerry Linke, Jean Miller, Richard Oman, Laurie Schley, Rhonda Smeija, Roger Stigney, Julie Trude, Russ Warren, Bill Werner, Ruth White. Absent: Len Burger. Motion by Virgil Beyer and second by Bill Werner to excuse the absences of Duane McCarty and Bill Wilson. Motion approved on a voice vote. 3. Approval of Minutes - Motion by Julie Trude and second by Virgil Beyer to approve the minutes of regular meeting 6-6-95 as written. Motion approved on a voice vote. 4. Amending Process - Presentation by Laurie Schley of memo dated 5-31-95 and recommendations contained therein, and the definition of "Revised Charter" chapter 410.24 of State Law. A discussion followed on the ramifications of alternatives. The question of whether the charter could be voted out was raised. Jerry Linke stated that the council would put the question on the ballot to drop the charter. Further discussion of the precise process of adoption and what is State Law and what is the position of the council. Consensus of commission was that two sections (burden of proof and primary election) would be rejected by council. Motion by Laurie Schley and second by Jerry Linke to forward the revised Charter to the city council for unanimous adoption (amendment by ordinance) . The problem of the unacceptable 11/1 sections was raised (burden of proof and primary elections) , and the motion was withdrawn by the makers. Motion by Laurie Schley and second by Jerry Linke to adopt the procedure specified in the memo, dated 5-31-95. A discussion followed on the question of what we have done with the charter - amended or revised? A roll call vote was requested. Voting AYE: Russ Warren, Laurie Schley, Richard Oman, Jerry Linke, Dave Long, Jean Miller, Rhonda Smeija, Roger Stigney, Julie Trude, Ruth White. Voting NAY: Virgil Beyer, Bill Werner. Motion approved. 5. Burden of Proof - Discussion: Julie Trude stated that the proposed amendment was illegal and could not be enforced, and cited a legal opinion by the League of Cities. Motion by Julie Trude and second by Laurie Schley to drop the burden of proof amendment and not pursue it further. Following discussion, and with approval of the motion makers, a compromise motion to table the amendment was moved by Ruth White and seconded by Roger Stigney. Motion approved by a vote of 7 to 5. 6. Determination - Motion by Richard Oman and second by Julie Trude to submit the amended charter (draft 94-3 and Ruth White #2 - 8.04 & 8.05) not including burden of proof and primary election. Extended discussion ensued and centered on the fact that newer commission members were unsure about proceeding at this time. A consensus was reached that a "red line" document was needed to provide a cohesive overview on the long amendment process. It was noted that term limits was not contained in the draft charter, and that a new draft (95-1) was needed. Discussion followed on how the documents could be produced. Jerry linke pointed out that city staff was not readily available for this task, and consensus was reached that the commission would have to hire someone to produce the documents. Motion by Laurie Schley and second by Rhonda Smeija to approve the payment for document work. Motion approved. Motion by Laurie Schley and second by Dave Long to authorize the commission chair to arrange for the document work, and to set the next meeting date and agenda. 7. Adjournment - Motion by Virgil Beyer and second by Bill Werner to adjourn at 9: 10 p.m. . Motion approved.