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HomeMy WebLinkAbout01-12-1993 { MOUNDS VIEW CHARTER COMMISSION MINUTES JANUARY 12 , 1993 I . Call to Order The meeting was called to order by Chair Len Burgers at 7: 16 p . m . in the Mounds View City Hall Council Chambers. II . Roll Call Present : Len Burgers , Sue Hankner , Dave Long , Duane McCarty , Richard Oman , Pat Rickaby , Laurie Schley, Bob Toborg , Julie Trude , Ray Vandeveer , Arlene Werdien and Ruth White . Absent (excused) : Lloyd Bardwell , Virgil Beyer and Jerry Linke. Chair Len Burgers greeted the five new members of the commission , Duane McCarty , Ruth White , Pat Rickaby , Laurie Schley and Richard Oman . The Chair noted that he--Len Burgers ; Jerry Linke and Virgil Beyer had been re-appointed and were beginning their second terms . The commission currently has one vacancy . The Chair also read a letter from absent member Jerry Linke stating that he recommended the commission continue retaining David Kennedy as their legal counsel . III . Approval of Minutes Chair Len Burgers distributed copies of the minutes of the meeting of November 12 , 1992 , explaining the corrections that had been made . No further revisions were requested and upon the motion of Bob Toborg , seconded by Dave Long , the revised minutes were approved . The five new members abstained from this vote . Julie Trude reviewed a list of corrections she wished to make to the minutes of the December 1 , 1992 meeting . A question was raised as to a response attributed to Jerry Linke regarding public notice if the city constructs a golf course . The Chair agreed to verify the statement . With the exception of that comment , Sue Hankner moved and Julie Trude seconded the approval of the minutes as corrected for the December 1 , 1992 meeting . The motion passed , with the 5 new members abstaining . The commission discussed the style of minutes used in the December meeting . By consensus , the commission agreed that they preferred the minutes to paraphrase significant discussions and that a transcript of each meeting was not required . However , S . Hankner suggested that if at some point the group wanted to preserve a complete record , a tape recording could be made of the meeting . -2- IV . By-Laws The Chair explained the commission ' s inability to find the commission' s by-laws. Mr . David Kennedy had provided the commission with the by-laws oF the Plymouth Charter Commission for our consideration and review . Ruth White explained that as secretary of the commission prior to 1988 , she had prepared the commission ' s by-laws based on their prior rules and practices. She offered to provide the Chair with the existing by-laws so he could distribute them prior to the next meeting when they would be discussed . V . Election of Officers The Chair noted that the commission held elections every two years for the offices of Chair , Vice-Chair and Secretary. Ruth White agreed that was the practice required by the by- laws. MinL1l s. show that the last election was held on December 13 , 1990 . A . Election of Chair Len Burgers was nominated for Chair by Julie Trude , second by Sue Hankner . No further nominations were made . Duane McCarty moved for a unanimous ballot for the election of Len Burgers as Chair . Dave Long seconded the motion , which then was unanimously passed . Len Burgers was declared the Chair for another two-year term. B . Election oF Vice-Chair Sue Hankner was nominated for the position of Vice-Chair by Julie Trude , second by Bob Toborg . No further nominations were made. Len Burgers moved that a unanimous ballot be cast for Sue Hankner for Vice-Chair . Laurie Schley seconded the motion. The vote was riot unanimous. By the raise of their hands the commission voted as follows : 9 for Sue Hankner , 2 opposed , 1 abstained . Sue Hankner was declared the Vice-Chair . C . Election of Secretary Julie Trude was nominated as Secretary by Len Burgers , second by Ray Vandeveer . No further nominations were made . Following a voice vote , the Chair declared that Julie Trude had been unanimously elected . VI . Charter Review Chair Len Burgers explained the history of the commission ' s current review of the charter . For the benefit of the commission 's five new members , the Chair distributed copies of the "Memorandum of July 30 , 1992 , " from Samantha Orduno to the Commission -3- Chair , Mr . Kennedy ' s November 4 , 1992 "Discussion Draft of Possible Charter Amendments , " the Minutes of the November 12 , 1992 meeting and the Minutes of the December 1 , 1992 meeting of the commission. He briefly explained the progress that had been made noting that the minutes provided further detail . It was noted that the commission had not voted on any proposals. A consensus was reached that the commission ' s new members would be involved in all aspects of the charter review . VII . Sub-committee Report on Legal Counsel The Chair explained to the new members that the commission had used the services of David Kennedy of Holmes & Graven at the recommendation of the City Council and then , at the request of several charter members , had decided to consider additional or alternative legal counsel . The sub-committee , consisting of Ray Vandeveer , Julie Trude and Virgil Beyer had obtained referrals of attorneys from the League of Cities . Several had been contacted to determine their qualifications , specific experience in charter drafting , and their fees . Ray Vandeveer reported that there were many qualified attorneys available. He had contacted Stan Pescar , Staff Attorney at the League of Cities . Mr . Pescar would review , for free , proposed charter changes . Ray Vandeveer suggested we use the free legal advice and then determine if other advice would be necessary . Duane McCarty noted that Mr . Pescar had also reviewed the initial charter , but that he provided no guidance in decision- making because he limited his review to illegalities . Ray Vandeveer stated that Mr . Pescar would not be available for immediate feedback on any of our proposals but would review them as his time permitted . Julie Trude had contacted two law firms referred by the League of Cities. Each had faxed a proposal to the city which the Chair had distributed . Both firms offered to come to a meeting for an interview . She explained that Gregg Herrick of Barna , Guzy , 6 Steffen , located in Coon Rapids , has drafted charter amendments for Fridley and is currently helping St. Frances re-establish their inactive charter commission . Mr . Herrick is also legal counsel for Coon Rapids . His rate is the lowest of the group contacted , at $85 per hour , and he would be willing to work under a closed contract if the commission could define the parameters of work to be performed . The second attorney contacted was John Roszak of Ratwik, Roszak, Bergstrom & Maloney in Minneapolis . Mr . Roszak 's rate would be $120 per hour and Jay Squires , who has worked for the League of Cities , would charge $100 per hour . Their firm would be -4- willing to work under a closed contract . They represent many municipalities and political subdivisions and have specific experience in drafting charter amendments . Several members noted that an attorney was not needed to sit through our meetings and that much work could be done before an attorney would be needed , especially since the League of Cities ' attorney would review our proposals for free . A consensus developed that the decision on hiring a specific attorney should be postponed until the balance of the [$5 , 000] legal fee fund is known. The Chair offered to obtain a bill from Mr . Kennedy for the commission ' s review and consideration at their next meeting . VIII . Work Plan for Future Meetings Following discussion of the work to be done , a consensus developed that the entire charter should be reviewed , a work plan developed , and meetings of 3 hours in length should be scheduled for the second and fourth Tuesdays of the month . Sue Hankner recommended that we look for agreement on goals , on what should be accomplished in each section of the charter . Then the charter could be drafted to fit our goals. She felt this approach would help us avoid lengthy discussions over semantics. The consensus was to follow this approach using a schedule to be drafted and sent out by Sue Hankner . IX . Future Meetings Following a brief discussion , Chair Len Burgers proposed the following schedule of future meetings ( on the second and fourth Tuesdays of the month ) , beginning at 7 p . m . at City Hall : January 26 , February 9 , February 23 , March 9 , March 23 , April 13 and April 27 , 1993 . Agreement was reached that the charter revisions should not be sent piecemeal to the City Council for action since a public hearing would be required to amend the charter . However , the Chair suggested the council be given progress reports . Others agreed this was important since their unanimous approval was required for amendment by ordinance . The Chair asked members to prepare for the next meeting by reviewing the Commission By-Laws and the beginning sections of the Charter . X . Adjournment Upon the motion of Bob Toborg , seconded by Flay Vandeveer , passed unanimously , the meeting was adjourned at 9 :30 p . m. Respectfully submitted , Julie Trude Secretary