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HomeMy WebLinkAbout03-23-1993 MEMORANDUM • T0 : Charter Commission Members FROM : Julie Trude , Secretary= + DATE : March 17 , 1993 ((� RE : Enclosures , Agenda Enclosed you will find the Minutes of the March 9th meeting and the final version of the By-Laws . Below is a list of the ' set aside " sections from our review process . AGENDA 3/23/93 1 . Review Chapters 9 - 12 2 . Begin Review of Set Aside Sections CHARTER REVIEW "SET ASIDES " Chapter 1 - no set asides Chapter 2 - §2 . 03 Chapter 3 - §3 . 02 , §3 . 05 , §3 . 07 , §3 . 11 Chapter 4 - Note : address issue of number of precints ; §4 . 02 , §4 . 03 , §4 . 04 , §4 . 05 , §4 . 05 , subd , 4 , 5 & 6 . Chapter 5 - All set aside except § 5 . 02 . Chapter 6 - §6 . 02 , subd . 3 ; §6 . 03 Chapter 7 - Entire chapter Chapter 8 - Entire chapter MOUNDS VIEW CHARTER COMMISSION MINUTES 41/11 MARCH 23 , 1993 I . Call to Order The meeting was called to order by Chair Len Burgers at 7 : 05 p .m . in the Mounds View City Hall . II . Roll Call Present : Virgil Beyer , Len Burgers , Jerry Linke , 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 and Sue Hankner . III . Approval of Minutes Motion by Laurie Schley , second by Jerry Linke , to approve the Minutes of the March 9 , 1993 meeting as submitted . Passed unanimously . . IV . Old Business - By-Laws Duane McCarty moved , Jerry Linke seconded , to adopt the Commission By-Laws as amended , effective as of March 23 . Passed unanimously. V . Review of Charter (Chapters 9 - 12 ) Chapter 9 §9 . 01 - Delete "Minnesota law , Chapter 117 , or other applicable items . " Replace with , "according to applicable law. " Chapter 10 §10 . 01 - Agreement § 10 . 02 - Agreement §10 . 03 - Set aside ; discuss publication requirement . § 10 . 04 - Agreement § 10 . 05 - Agreement Chapter 11 • § 11 . 01 - Agreement -2- 3/23/93 r1 §11 . 02 - Agreement ; Sentence 1 , delete after second comma , "but such rates , fares and prices shall be just and reasonable . " §11 . 03 - Agreement §11 . 04 - Agreement . Re-write last sentence ; " In no case shall such contract exceed ten years . " § 11 . 05 - Agreement §11 . 06 - Set aside to discuss publication requirement . Chapter 12 § 12 . 01 - Agreement . Language needs refining . § 12 . 02 - Agreement § 12 . 03 - Agreement § 12 . 04 - Agreement ( Improve wording . ) § 12 . 05 - Agreement § 12 . 06 - Agreement §12 . 07 - Set aside . (Need language clarified ; have legal • review. ) §12 . 08 - Agreement § 12 . 09 - Agreement § 12 . 10 - Agreement § 12 . 11 - Agreement §12 . 12 - Agreement § 12 . 13 - Set aside . ( Discuss frequency of newsletter and use of postal roll . ) §12 . 14 - Agreement Following a brief discussion , a sub-committee was formed to update the Charter ' s language . The following volunteered for this sub-committee : Len Burgers , Duane McCarty , Pat Rickaby , Laurie Schley , Richard Oman and Julie Trude . VI . Agenda for Next Meeting ( 4/13/93 ) By consensus the agenda for the April 13 , 1993 meeting was • established : AGENDA 4/13/93 : Review Set Asides , Chapters 2 , 3 & 4 . -3- 3/23/93 VII . Adjournment Upon the motion of Laurie Schley , seconded by Duane McCarty , the commission members voted unanimously to adjourn the meeting at 9 : 03 p .m. Respectfully submitted 7J lie Trude ecretary • • ( 3/23/93 ) 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 Section 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 maintaining a 411 permanent record for public review. 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 -2- BY-LAWS ( 3/23/93 ) • 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 411 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 application process . The Chair shall also notify members 411 eligible for re-appointment at this time . -3- ( 3/23/93 ) • 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 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 , which shall state what was done and not what was said . The votes on resolutions , unless unanimous , shall state the number of "ayes , " " nays , " and "abstentions . " When a quorum is in attendance , action may be taken by the Commission upon a vote I -4- BY-LAWS ( 3/23/93 ) 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 vote of qualified and acting members 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: March 23 , 1993 • SET ASIDE SECTIONS (Comments taken from Minutes ) •/26 § 2 . 03 - Discuss 2-year vs . 4-year Mayor § 3 . 02 - Liaison assignments are made but liaison function is not performed . We need to clarify or define staff relationships with council . §3 . 05 - Questions : Is the time between introduction & adoption of ordinances appropriate? Is there sufficient public notice and opportunity for public feedback? §3 . 07 - Should ordinances be published before they are adopted? §3 . 11 - Should scheduled review be mandated? 2/9 §4 . 02 - Rewrite to conform to law . §4 . ?? - Should Charter determine the number of precints? §4 . 03 - Should Charter require a primary election? §4 . 04 - (Covered in Mr . Kennedy ' s memo . ) §4 . 05 , subd . 1 - Should vacancy be filled with an appointed member until the next general election or should we hold special elections to fill vacancies? • §4 . 05 , subd . 5 - Review vacancies and who will fill what . §4 . 05 , subd . 6 - Incorporate w/ subd . 1 ? §5 . 01 - Should "resolutions " be eliminated? Should we use "ordinances " or the term "legislative action "? ( Ordinances are defined in §3 . 04 , subd . 2 . ) § 5 . 02 - Agreement but notes are to compare to Model Charter and conform to other sections ; consider including Sample Petition . §5 . 03 - Compare to Model Charter . Are the thresholds of petitioners acceptable? Is the time line reasonable? § 5 . 04 - Discuss time line . Should petitioners have some defined recourse if the council declines to set an election? § 5 . 05 - Delete "resolutions " ? Compare to §3 . 04 where resolutions and ordinances are discussed . §5 . 07 - Discuss . ( Delete "resolutions " . ) §5 . 08 - Discuss . ( Delete "malfeasance " ? ) • -2- Set Asides §6 . 02 , subd . 3 - Goal necessary or met? §6 . 03 - Discuss alternative approaches , define duties or allow Council to establish the duties--giving them some leeway . Eliminate inappropriate listings of jobs ; modernize language . Chapters 7 & 8 - Discuss approach to be taken , see above comments . Also refer to memo from Staff regarding problem areas and review applicable statute . 3/23 §9 . 01 - Agreement but note to delete "Minnesota law , Chapter 117 , or other applicable items . " Replace with , "according to applicable law . " § 10 . 03 - Discuss publication requirement . § 11 . 02 & § 11 . 04 - Agreement, but note comments in Minutes § 11 . 06 - Discuss publication requirement . § 12 . 01 , § 12 . 04 & § 12 . 07 - Need language clarified , Only § 12 . 07 was set aside for legal review . § 12 . 13 - Discuss frequency of newsletter & use of postal roll . • • • MEMORANDUM 411 TO : CHARTER COMMISSION FROM : Julie Trude , Secretary DATE : April 5 , 1993 Enclosed you will find : • 1 . By-Laws as adopted on 3/23/93 . 2 . Minutes of 3/23/93 . 3 . A summary of the Charter sections we have set aside in previous meetings along with the comments that were recorded in the Minutes with perhaps a few slight re-wordings . The Agenda for our next meeting , Tuesday , April 13 , at 7 p .m . : Review Set Asides , Chapters 2 , 3 & 4 •