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HomeMy WebLinkAbout03-09-1983 MOUNDS VIEW CHARTER COMMISSION MINUTES March 9, 1983 I . MEETING CALLED TO ORDER BY CHAIRMAN DOTY AT 7:40 P.M. II. ROLL CALL • ALL MEMBERS PRESENT. NEW CHARTER COMMISSION MEMBERS INTRODUCED AND SEATED. JUDY ROWLEY, 2562 RIDGE LANE, APPOINTED TO REPLACE CAROL ZIEBARTH, WHO DECLINED REAPPOINTMENT TO ANOTHER TERM. TERM EXPIRES: 11/1/86. CHARLOTTE FORSLUND, 7886 SUNNYSIDE ROAD N.E., APPOINTED TO FILL THE VACANCY OF RICHARD LYKKE, WHO RESIGNED FOR HEALTH REASONS. TERM EXPIRES: 11/1/84. III. APPROVAL OF MINUTES OF DECEMBER 8, 1982 MOTION MADE BY N. LOEDING THAT THE MINUTES OF 12/8/82 BE APPROVED, WITH THE SECRETARY, AFTER RESEARCH, MAKING A CORRECTION IN ITEM IV, IF APPROPRIATE, REGARDING COMMISSION MEMBER CAROL ZIEBARTH. SECONDED BY JEAN MILLER. CARRIED. IN FAVOR: 12 ABSTAINED: C. FORSLUND J. ROWLEY M. ILLIG I-V. CORRECT-ION- OF-ITEM IV IN MINUTES OF 12/8/82 FIRST (2) SENTENCES SHOULD READ: "ALL MEMBERS LISTED BELOW, WHOSE TERMS EXPIRED ON 11/1/82, WERE OFFERED REAPPOINTMENT AND ALL ACCEPTED WITH THE EXCEPTION OF CAROL ZIEBARTH, SUCH TERMS TO EXPIRE 11/1/86." CAROL ZIEBARTH DECLINED REAPPOINTMENT. (SEE ATTACHED ORDER OF THE COURT) MOUNDS VIEW CHARTER COMMISSION MINUTES OF 3/9/83 - (CONT'D) PAGE (2) V. RESEARCH REPORTS - - REFERENCE ITEM VI. - - MINUTES OF 12/8/82 1. JEAN MILLER = (COPY ATTACHED) 2. BILL DOTY - (COPY ATTACHED) 3. BILL DOTY ALSO REPORTED ON THE QUESTION: "DOES THE CHARTER COMMISSION HAVE THE RIGHT TO RECOMMEND REPLACEMENTS ON THE COMMISSION WHEN A VACANCY OCCURS?" HE STATED: IN ACCORDANCE WITH MINNESOTA STATUTE 410.05, SUBD. 3, "A CITY COUNCIL, A CHARTER COMMISSION, OR THE PETITIONERS REQUESTING THE APPOINTMENT OF A CHARTER COMMISSION MAY SUBMIT TO THE COURT NAMES OF ELIGIBLE NOMINEES WHICH THE DISTRICT COURT MAY CONSIDER. IN MAKING APPOINTMENTS TO THE CHARTER COMMISSION." 4 NEIL LOEDING ADDRESSED THE ISSUE OF "SECTION 5.08, RECALL" IN THE CITY CHARTER, WHETHER THIS SECTION IN THE CHARTER SHOULD BE AMENDED TO ADD THE WORDS, "IF A MAJORITY OF THE ELECTORS VOTING THEREON VOTES TO RECALL THE OFFICER, HE-SHE SHALL BE RECALLED FROM OFFICE." NEIL REPORTED THAT THIS QUESTION WAS CONSIDERED BY THE CHARTER COMMISSION ON JANUARY 2, 1980, (COPY OF MINUTES ATTACHED); AT THAT TIME THE COMMISSION DID NOT FEEL IT WAS CRITICAL THAT THIS SECTION BE AMENDED WITH THE NEW SENTENCE ADDED, AS THEY FELT A "RECALL ELECTION" WOULD BE CONSIDERED A "SPECIAL CITY ELECTION", AND THUS, ACCORDING TO MINNESOTA STATUTE 205. 10, SPECIAL CITY ELECTIONS, SUBD. 1, QUESTIONS, "NO QUESTION SO SUBMITTED SHALL BE DEEMED CARRIED WITHOUT SUCH A MAJORITY IN ITS FAVOR AS MAY BE REQUIRED BY LAW OR CHARTER IN THE PARTICULAR INSTANCE." NE-IL SUGGESTED-THAT THE COMMISSION-MAY--WANT TO CONSIDER-THE-ISSUE-AGAIN-A-T SOME FUTURE DATE WHEN OTHER "COSMETIC" CHANGES MAY BE DEEMED DESIRABLE; THAT SUGGESTED AMENDMENTS SHOULD BE ACCUMULATED, AND ALL GIVEN CONSIDERATION AT THE SAME TIME. (END OF REPORT) THE CHAIRMAN SAID HE WOULD ENTERTAIN A MOTION BY ANYONE CONCERNING THE SUBJECT. THERE BEING NONE, A MOTION WAS MADE BY D. MC CARTY, SECONDED BY D. HODGES, THAT THE REPORTS OF MILLER, DOTY AND LOEDING BE ACCEPTED. CARRIED UNANIMOUSLY. MOUNDS VIEW CHARTER COMMISSION MINUTES OF 3/9/83 - (CONT'D) PAGE (3) VI . MOTION MADE BY D. MC CARTY THAT THE JUNE 8, 1983, MEETING BE CONSIDERED AN OPTIONAL MEETING TO BE CALLED BY THE CHAIRMAN ONLY IF NECESSARY. SECONDED BY JUDY ROWLEY. CARRIED UNANIMOUSLY. VII. MOTION MADE BY N. LOEDING THAT THE SEPTEMBER 14, 1983, MEETING BE CONSIDERED AN OPTIONAL MEETING TO BE CALLED BY THE CHAIRMAN ONLY IF NECESSARY. SECONDED BY B. WERNER. CARRIED UNANIMOUSLY. VIII. MOTION MADE BY D. MC CARTY TO ADJOURN, SECONDED BY L. NYGAARD. CARRIED UNANIMOUSLY. TIME: 8: 15 P.M. RUT WHI�E, SECRETARY RJW ATTACHMENTS STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT RE: Mounds View Charter Commission ORDER APPOINTING - File No. 430622 It is hereby ordered that Judith Rowley, 2562 Ridge Lane, Mounds View 55112 , is appointed to fill the vacancy on the Charter Commission of the City of Mounds View, Minnesota, resulting from the declining of reappointment of - Carol Ziebarth •for a term which expires on October 31, 1986. It is further ordered that Charlotte Forslund, 7886 Sunnyside Road, N.E. , Mounds View 55432, is appointed to fill the vacancy on the Commission resulting from the resignation of- Richard Lykke which term expires October 31, 1984. The Clerk of said District Court shall forthwith mail to the members named herein notice of this appointment. Dated this 12th day of January, 1983. -i /•',i t;1-- .- i c: m C HAROLD r1 W . SCHULTZ CCC!!! / Chief Judge • To: Charter Commission From: Jean Miller F' Date: 3/9/83 Re: Item VI of Charter Commission Minutes of 12/8/82 Question: What happens if the City Council does not vote unanimously for a city charter amendment recommended by the Charter Commission? Please note Minnesota statutes Chapter 410 and specifically 410.12 Subd. 7 Amendment by ordinance Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks published notice con- taining the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. In the event that the amendment byordinance is unanimously approved by the %_x it does not become effective for at least 90 days after passage and publication. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. . . .the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or 1 it may reconsider its action in adopting the orditnce. • F •••• INSERT THE WORDS "CITY CODICIL" (INADVERTENTLY OMITTED) 1 '•'...:./i-757 '1':'aK4'�.^.:M'i7R3 • • • AMENDING THE CITY CHARTER This report answers the question. What can the Charter Commission do in -the effort to amend the city charter after failure to amend through the City Council? • The amendment can be accomplished by submission to the electorate in the same manner as the original charter. Minnesota Statute 410. 12 Subd. 4 Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original char- ter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of • • its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment.