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HomeMy WebLinkAbout02-09-1993 approved L/ Z.J MOUND V W H R E C ON MINUTES FEBRUARY 9 , 1993 I . Call to Order The meeting was called to order by Chair Len Burgers at 7 : 10 p . m. in the Mounds View City Hall . II . Roll Call Present : Virgil Beyer , Len Burgers , Jerry Linke , Duane McCarty , Richard Oman , Pat Rickaby , Bob Toborg , Julie Trude , Ray Vandeveer and Arlene Werdien . Absent (all excused ) : Lloyd Bardwell , Sue Hankner , Dave Long , Laurie Schley and Ruth White . III . Approval of Minutes Several members commented that they had not received their meeting packets which included the minutes . The Secretary noted that the City offices had mailed the packets the previous Thursday . Motion by Duane McCarty , second by Jerry Linke , to defer approval of the minutes to the next meeting . Passed unanimously . IV . Old Business A . By-Laws Duane McCarty distributed his re-drafted version of the by- laws submitted to the commission by Julie Trude . Since four of the members present (Richard Oman , Jerry Linke , Bob Toborg and Len Burgers ) had not received a copy of the by-laws drafted by Julie Trude and mailed out with the minutes , the discussion was postponed until the next meeting . B . Attorney for Commission The Chair reported that approximately $2 , 000 of fees had been spent on David Kennedy ' s legal services . An itemized bill will be requested by the Chair . Mr . Kennedy ' s services had included research , attending two meetings , submitting the Plymouth Commission By-Laws and preparation of his memorandum. The needs of the commission were discussed . There was not total agreement on these needs ; however , the following were several that were mentioned : drafting the approved sections of the Charter in more up-to-date and simple English ; reviewing the Commission ' s proposed amendments or drafting the required amendments ; advising the Commission on legally complex issues IA II. -2- 2/9/93 such as initiative , referendum and recall ; and/or reviewing the Commission' s own draftings of proposed Charter amendments following their review by the League of Minnesota Cities . consensus developed that the attorneys responding to our requests for information (George Hoff , Gregg Herrick of Barna , Guzy , et. al . , and John Roszak of Ratwik, Roszak, et. al . ) should be scheduled at about 45 minute intervals on the same evening so we could interview them and make a decision about hiring . The Chair suggested the commission first complete its review process of the Charter , have the League review amendments proposed by the commission , then use an attorney to review the amendments. Bob Toborg moved , Duane McCarty seconded a motion to review the entire Charter at least once before we begin interviewing the attorneys . Vote : Ayes-9 Nayes-1 Absentions-0 . V . New Business ; Charter Review Chapters 4 , 5 6 6 . Chapter 4: §4.01 - Agreement (Note : Ray 6 Duane want to address issue of # of precints) §4.02 - Set aside (Rewrite to conform to law . ) §4.03 - Set aside (Discuss : issue of adding primary) §4.04 - Set aside (Covered also in Kennedy 's memo) §4.05, subd. 1 - Set aside (Consider appointment until next general election rather than holding a special election . ) subd. 2 - Agreement subd. 3 - Agreement subd. 4 - Set aside (Combine w/ subd . 1??) subd. 5 - Set aside ( Review vacancies & who will fill what ) subd. 6 - Set aside (Incorporate w/ subd . 1??) Chapter 5: §5.01 - Set aside (Eliminate resolutions??/ Use ordinances or "legislative action . " ??) §5.02 - Agreement (Note : compare to Model ; ensure conformity with other sections ; consider including sample Petition) §5.03 - Set aside (Compare to Model/thresholds of petition- ers ok?/time line reasonable?) t 2/9/93 §5.04 - Set aside (Discuss time line ; include other recourse for petitioners if council declines to set an election) § 5.05 - Set aside (delete resolutions? compare w/ Chap . 3 .04 where resolutions 6 ordinances are defined) §5.06 - _ Agreement - - §5.07 - Set aside ( Delete resolutions ) §5.08 — Set aside (Delete misfeasance?) Chapter 6: §6.01 - Agreement §6.02, subd . 1 G. 2 - Agreement subd . 3 - Set aside (goal necessary or met?) §6.03 - Set aside entire section. (Discuss : rewrite to allow City Council to establish the duties and give them some leeway ; eliminate inappropriate listings of jobs; modernize ; some preferred no change) §6.04 - Agreement VI . Agenda for next meeting The Chair was asked to contact Samantha Orduno to discuss Chapters 6 & 7 of the Charter with us at our next meeting . The Agenda for the meeting of Februgry 23 , 1993 was set as follows : 1 . Discuss By-Laws 2. Review Chapter 6 & 7 with Samantha Orduno 3. Review Charter Chapters 7 , 8 & 9 VII . Adjournment Motion by Duane McCarty , second by Jerry Linke to adjourn at 9 :45 p .m. Passed unanimously . Respectfully submitted (21001.014....- drlie Trude -oretary MOUNDS VIEW CHARTER COMMISSION BY-LAWS ARTICLE I - THE COMMISSION Section 1 . Name of Commission . The name of the Commission is the "Charter Commission of Mounds View , Minnesota . " Section 2 . Purpose. The purpose of the Commission is to serve as custodians of the Mounds View City Charter in accordance with state laws , these by-laws and rules of the Charter Commission . Section 3 . Office of Commission . The offices of the Commission are at Mounds View City Hall for purposes of official Commission business . Section 4. Members . The Commission is composed of 15 members . Members shall serve during their term and until their successors are appointed and have qualified , subject to state law and Article III , section 8 of these by-laws . ARTICLE II - OFFICERS !IISection 1 . Officers . The officers of the Commission are the Chair , Vice-Chair and Secretary . Section 2 . Chair. The Chair shall call the regular meetings of the Commission , prepare the agenda , preside at all meetings , oversee the implementation of the decisions of the Commission and act as the primary liaison with City staff . The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote . Each year at the October meeting , the Chair shall submit to the Commission for its approval , an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year . The annual report to the Commission may contain the Chair ' s recommendation for Commission activities for the ensuing year . Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair ' s temporary absence , and shall perform such duties during any vacancy of that office until the Commission elects a new Chair . Section 4. Secretary. The Secretary shall maintain the records , record the minutes and votes at each meeting , and submit approved minutes and relevant materials to the City Clerk-Administrator for the purpose of facilitating Commission business and maintaining a permanent record for public review . BY-LAWS -2- On or before December 31 of each year , the Secretary shall submit to the Chief Judge of the District Court , the City Clerk-Administrator and the Commission members , the Chair ' s approved annual report . The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary , and to perform the duties of Secretary in the event of the absence or vacation of office by the Secretary until such time as the Commission elects a new Secretary . Section 5 . Compensation ; Expenses . The members of the Commission shall receive no compensation , but the Commission may employ an attorney and other personnel to assist in amending or revising the City Charter , and the reasonable compensation and the cost of printing such charter , when directed by the Commission shall be paid by the City . The amount of reasonable and necessary Commission expenses shall be paid by the City , which expenses cannot exceed $1 ,500 in any one year unless the City Council authorizes additional expenses pursuant to Minnesota Statutes , Section 410 .06 , as amended . Section 6. Additional Duties . The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its by-laws or rules . Section 7 . Elections . The Chair , Vice-Chair and Secretary shall be elected from among the members of the Commission at the first meeting after November 1st in even-numbered years , and shall hold office for two years or until their successors are elected and qualified . The Chair shall conduct the election . Officers shall be declared elected and qualified by a simple majority vote of those present and voting . Newly elected officers shall take office at the close of the meeting in which the election is held . No officer shall be eligible to hold more than two consecutive terms in the same office . In filling vacancies for unexpired terms , an officer who has served more than half of a term is considered to have served a full term in that office . Section 8. Vacancies . A vacancy in the office of Chair , Vice-Chair or Secretary , including a vacancy pursuant to Minnesota Statutes , Section 410 . 05 , as amended , or other provisions of state law or these by-laws , shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office . Section 9. Appointments . The Chair shall notify the City Clerk-Administrator at least three months prior to the expiration of any seat on the Commission , of the names of the incumbents and their expiration of office date so that • the Clerk-Administrator may publicize the availability of openings on the Commission together with a summary of the BY-LAWS -3- application process . The Chair shall also notify members eligible for re-appointment at this time . ARTICLE III - MEETINGS Section 1 . Regular Meetings . The Commission shall meet on the second Thursdays of March and October of each year . When the business of the Commission cannot be appropriately handled at the semi -annual meetings or business from a special meeting is not completed and necessitates additional meetings , the Commission shall establish , by resolution , a schedule of regular meetings . All meetings shall be held in the Mounds View City Hall unless meeting notices state otherwise . All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes , Section 471 . 705 . ) Section 2. Special Meetings . The Chair or any two members of the Commission may call a special meeting to transact any business stated in the meeting notice in accordance with state law . Notice of the special meeting shall state the time , date , place and business to be conducted at the special meeting . Notices may be delivered or mailed to the member ' s designated mailing address at least three days prior to the special meeting . The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct 410 additional business . Section 3 . Quorum. The powers of the Commission shall be vested in the members thereof in office from time to time . A majority of qualified and acting members shall constitute a quorum for the purpose of conducting the Commission ' s business and exercising its powers and for all other purposes , but a smaller number of members may adjourn from time to time . Section 4. Order of Business . The Commission shall use the following order of business at its meetings : 1 . Roll Call . 2 . Approval of Minutes . 3 . Reports of the Chair . 4 . Reports of Committees . 5 . Unfinished Business . 6 . New Business . 7 . Adjournment . All resolutions shall be recorded in the minutes of the Commission meetings . The meetings will be conducted in accordance with Robert ' s Rules of Order , Revised , latest edition . Section 5 . Manner of Voting . The voting on all questions . coming before the Commission shall be recorded in the minutes , 411 which shall state what was done and not what was said . The votes on resolutions , unless unanimous , shall state the number of "ayes , " "nayes , " and "abstentions . " When a quorum is in attendance , action may be taken by the Commission upon a vote BY-LAWS -4- of the majority of the members present unless another provision of these by-laws specifically states otherwise . Section 6 . Committees . The Commission may establish and appoint committees . Each committee must designate a Chair . Section 7 . Discharge of Members . Any member who has failed to attend four consecutive meetings without being excused by the Commission shall be discharged according to the provisions of Minnesota Statutes , Section 410 .05 , Subdivision 2 , as amended . ARTICLE IV - AMENDMENTS Section 1 . Amendment Procedure . The Commission By-Laws may be amended by a resolution , made in writing , and adopted by a two-thirds majority of qualified and acting members in attendance at a properly noticed meeting of the Commission . The Secretary shall number each amendment , note the date of adoption , and have it distributed to the members and the City offices . Section 2 . Records . The Chair shall ensure that each member receives a copy of the City Charter and the Commission By-Laws . The City Charter , the Charter Commission By-Laws and the Charter Commission Minutes shall be kept on file at the City offices and made available for public review . ADOPTED: •