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HomeMy WebLinkAboutPacket Material for 2-9-1993 Mtg MEMORANDUM TO: CHARTER COMMISSION MEMBERS FROM: MICHELE SEVERSON, ADMINISTRA SECRETARY DATE: FEBRUARY 4, 1993 RE: INFORMATION FOR MEETING OF FEBRUARY 9TH AGENDA FOR MEETING OF TUESDAY, FEBRUARY 9TH (1) Review and adopt by-laws (attached). (2) Discuss hiring of an attorney. (3) Review Charter Chapters 4, 5, and 6 as time permits. Enclosed for your review prior to the meeting of February 9 are the following documents: 1 . Corrected minutes of December 1 , 1992. 2. Pages 3 and 4 of the January 12, 1993 minutes. 3. January 26, 1993 minutes. 4. By-Laws MOUNDS VIEW CHARTER COMMISSION MINUTES DECEMBER 1, 19.92 I. The meeting was called to order at 7: 16 p.m. by Chairman Len Burgers at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota, 55112 . II. Roll Call Present Absent Lloyd Bardwell Stanley Haugen Virgil Beyer Ed Trettel Len Burgers Daryl Turner Sue Hankner Jim Kavanaugh Jerry Linke Dave Long Bob Toborg Julie Trude Ray Vandeveer Arlene Werdien Joe Witzmann III. Approval of Minutes Due to a clerical problem, the minutes from November 12, 1992 , the minutes could not be sent out prior to the meeting. The minutes were distributed for review but were not approved. IV. Annual Report Motion by J. Linke, seconded by V. Beyer to direct Secretary J. Kavanaugh to prepare the Annual Report for __— submission to the District Court. Passed unanimously. V. By-Laws L. Burgers, pursuant to last meeting's discussion, reported that he had obtained a copy of a set of By-Laws from D. Kennedy which are from the Plymouth Charter Commission. J. Linke copied and distributed them to Commission members. They will be discussed at the next meeting. No one has been able to locate a copy of the Mounds View Charter Commission By- Laws. VI. Model Charter L. Burgers distributed copies of an annotated model charter. J. Trude reported that she had obtained this document from the 1 League of Minnesota Cities. She also related that the League will provide materials, advice and have an attorney review proposed charter language at no cost. VII. Legal Resource Committee L. Burgers reminded the Commission that at the last meeting a committee had been formed to obtain information concerning legal representation. R. Vanderveer reported that he had received the names of two attorneys to contact. He was subsequently able to speak with one of them. This person agreed there was a potential for conflict of interest if the commission retained an attorney from the same firm representing the city. This person suggested that if the commission requested his services, it would be more efficient to have him review materials rather than have him attend meetings. He would charge $100 per hour. R. Vanderveer requested and received a listing of his qualifications. They appeared to be less extensive, concerning Charter experience, than D. Kennedy's. J. Trude reported that she had received a list of names of attorneys who are experience in Charter work, from the League of Cities. She and R. Vanderveer had each taken two names to contact. She indicated that Mr. Kennedy's name was on the list. She had been unable to contact either of the two persons whose name she had chosen. S. Hankner suggested that, if the Commission retained any attorney, a closed contract based on a set fee for service hours be negotiated rather than retaining someone on an hourly basis. A. Werdien expressed concern that Mr. Kennedy had appeared at the commission meetings without being invited by the Commission. She does not believe this was appropriate. J. Trude asked if Mr. Kennedy had submitted a bill? Response: L. Burgers - No. R. Vanderveer stated that it appeared that Mr. Kennedy had completed more work than requested. Response: L. Burgers - Mr. Kennedy provided what we requested. J. Linke - what we did was approve legal fees to $5, 000. S. Hankner - who did? Response: J. Linke - the Council. J. Trude - The League indicated that we should have no qualms about using Kennedy. 2 J. Linke - The Council is not telling us (commission) or Kennedy to do anything. J. Trude - If anyone in the community asks, we want to be able to say we looked at the list (of prospective attorneys) and hired the most qualified. S. Hankner - It is a Balance of Power Issue. I'm not trying to imply anything is wrong. We need to make sure there is a clean separation. J. Trude - We need to be sure we can answer how they were hired and that they work for us (commission) . L. Burgers - Kennedy just got directions to review this charter for problem areas. S. Hankner - Kennedy did a good job. The language is much clearer. L. Burgers - Yes. We need to have clear language although we will never be able to predict every contingency. S. Hankner - Whomever we hire, I believe it is important that we negotiate a closed-end contract. R. Vanderveer - I agree. L. Burgers - I believe we need an attorney to help write the changes correctly. J. Trude - I believe Kennedy did a good job, but I'm concerned about the wetland issue - concerned that the citizens would see the City Attorney issue wrong. L. Burgers - What path should we follow? Continue to try to find an attorney or go with the work Kennedy has done? Response: S. Hankner. I like what he has done, the way it is written. Why couldn't we have someone else review it? R. Vanderveer - Yes. Bob Toborg - If we do consider other attorneys we need to ask about their rates and expertise. J. Linke - yes. S. Hankner - We also need to find out about their Case Law expertise. J. Trude - I know there are attorneys who have different 3 opinions on Initiative and Recall. I still have some questions about that. R. Vanderveer - I have the same questions. Duluth did recall someone. L. Burgers - Then we will continue to consider other attorneys. S. Hankner - I will also contact some (attorneys) . We need to be sure to request they submit their qualifications in writing. Whomever we hire, it will not be a legal issue, but it will be a political issue - how we sell it to the public. L. Burgers - Whether we decide on Dave Kennedy or another attorney - no matter what -- some people will be unhappy. - - = - - - -: - - - ' s changing. We don't have to be limited to con3crvativcs. VIII. Proposed Charter Changes L. Burgers - Do you want to discuss the items on the memo from Dave Kennedy or wait? Response: J. Trude. I believe we can start. If we don't agree on an issue, we can postpone it. L. Burgers. I would like to pass something on to the Council. Bob Toborg. If we do receive letters from attorneys, could you send them out before the next meeting? Response: L. Burgers. Yes, the letters and By Laws. 1. Administrative Functions of the Mayor. Section 2 . 06, Subdivision 1. L. Burgers read this section with changes proposed by Dave Kennedy. Is this okay? Response: J. Linke. Yes, the wording is better concerning administrative duties. L. Burgers. Questions, concerns, comments? Response: None B. Toborg. I suggest we give preliminary approval to 4 the items and send them to the Council as a package. J. Linke. I agree. Possibly two packages. One with non-controversial items and one with controversial items. Preliminary consensus to accept the proposed changes. 2 . Procedure on Ordinances, Section 3 . 05 L. Burgers read this section with changes proposed by Dave Kennedy. J. Trude read from last meeting minutes concerning this section. Discussion concerning striking the sentence limiting an ordinance to one subject. All agreed. Preliminary consensus to accept the proposed changes. 3 . Procedure on Resolutions, Section 3 . 08 All agreed. Preliminary consensus to accept the proposed changes. 4. Revisions and Codification of Ordinances, Section 3 . 11 J. Trude read the minutes from the last meeting. Bob Toborg - how long has it been since review and revision has occurred? Response: J. Linke. 5 or 6 years. S. Hankner - the original intent of this section was to keep the ordinances up to date. Discussion: Consensus that the ordinances should be kept up to date but not possible to do it every two years. Striking "shall" and adding "may" does not diminish the responsibility of the Council to review and revise the ordinances. Preliminary consensus to accept the proposed changes. 5. Filing for Office, Section 4 . 02 L. Burgers - The proposed language requires compliance with the law but leave the process open. It won't be necessary to change the language. 5 S. Hankner - The City did have to change the process twice before. J. Trude - I have alot of difficulty with the last election. There were 12 candidates. Some cities require a petition with at least 20 names for a person to file. S. Hankner and B. Toborg - that may not be constitu- tional. J. Trude - I believe it is. S. Hankner, J. Linke and L. Burgers - all agreed that it should be wide open. Anyone can run for the Legislature as well. J. Trude - I would like people to at least think about holding a primary for city offices when there are a large number of candidates or some alternative to give voters fewer or better candidates. S. Hankner and J. Linke - There were times when they had to beg people to run for office. They would not want to restrict people from doing so. V. Beyer - What about the filing fee? S. Hankner - good point. J. Trude - in the manner The fee is prescribed by law. S. Hankner - do we need a legal opinion? J. Trude - Looked up the section in the Minnesota Statutes and read it. No opinion is necessary. The - - - - - - . - . State law sets the filing fee at $5 for our size city. No consensus for acceptance of the proposed changes in the language was reached. 6. Special Elections, Section 4. 04 L. Burgers read the minutes from the last meeting. J. Linke - Advisory elections are too expensive. There never has nor ever will be any. L. Burgers - it is moot point. Preliminary consensus to accept the proposed change. 6 Question: D. Long - will the people see the comments? (that Mr. Kennedy has been added after each proposed change) . Response: J. Linke - No, just the crossed out old language and underlined new language. 7 . Council Action on Budget, Section 7 . 06 S. Hankner - There is a grammatical error in this section. There should be a comma, instead of a period after "adopted" on the sixth line. L. Burgers read the minutes from the last meeting. S. Hankner - The Law is specific. The City has no flexibility. They must follow the "Truth In Taxation" Law. L. Burgers - The proposed language eliminates problems. The City must follow the Law. We, as citizens, are telling the City - you must do it according to the Law. Preliminary consensus to accept the proposed change. 8. City Indebtedness, Section 7. 10, Subdivision 2 L. Burgers read the minutes from the last meeting. J. Trude - If we build the golf course, do we need to do this? will there be notice and public hearings? J. Linke - Even if they (Council) don't, it doesn't make any difference. J. Trude - I believe this is the recommended charges are for bond holders confidence. S. Hankner It is also for tax purposes. Comment: Some people don't get the Newsletter or Bulletin (New Brighton) . J. Linke - remember, it was 1969 when this was written. Everyone didn't receive the information. Technology has improved. S. Hankner, I agree. J. Trude - People will want to know and have input every time public bonds are issued. 7 S. Hankner - We could say that if it is a bonding issue, the Council must notify the taxpayers and hold a public hearing. J. Linke - that may require too many newsletters. R. Vanderveer - yes, it may slow down the Council. J. Linke - we would say that if the golf course falls back on the taxpayers, then there would have to be a public hearing. S. Hankner - I believe we are all in agreement that we need language that the public needs to know whenever there is a bond issue. J. Trude - maybe we can redraft Subdivision 2 with a goal to make sure the public knows whenever there is a bond issue. Section 7 . 12 Emergencies Debt Certificates Discussion: Question. Rather than eliminate the reference entirely, why not write it so that it must conform "according to State Law?" Consensus: ask for further review of this section. 9 . Public Improvements and Special Assessments, Section 8 . 02 L. Burgers read the minutes from the last meeting. Discussion: Question - is the use of the word "chapter" in the last line correct, or is that a grammatical error? Answer: It is correct? R. Vanderveer - I would like more information on this section. I have received input from some of the original charter people that there was very little in the way of Public Hearings. J. Trude - It appears that this was a protest section and gave the citizens more powers than State Law. No consensus for approval was reached. IX. Next Meeting Tuesday, January 12 , 1993 , 7: 00 p.m. , City Council Chambers. 8 S. Hankner - We will need to complete a work plan and a target date for completion. L. Burgers - we need to review and adopt By-Laws, finish tonight's discussion concerning attorneys and review the last two sections (X and XI) . B. Toborg - once we get through the last two sections; then we may want to bring in people (for discussion) the following meeting. J. Linke - bring information for future discussion on the 12th (January) . X. Adjournment Motion: B. Toborg Seconder: S. Hankner Approved unanimously. Meeting adjourned at 9:40 p.m. XI. Comment: Len Burgers did not pour coffee! J. L. Kavanaugh, Secretary 9 -3- 1/12/93 amended 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 riot voted on any proposals . VII . Sub-committee Report on Legal Counsel The Chair explained to the new members that a sub-committee had been formed to consider qualified attorneys to serve the commission either in addition to Mr . David Kennedy or as possible alternatives . The Chair emphasized that there had been rio negative comments about Mr . Kennedy , only that the commission was concerned with public perception of using the firm that employs the city ' s attorney . 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 Peskar , Staff Attorney at the League of Cities . Mr . Peskar 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 . Peskar had also reviewed the initial charter , but that he provided no guidance in decision- making because he limited his review to consistency with the League of Minnesota Cities ' Model Charter . Ray Vandeveer stated that Mr . Peskar would riot 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 , E 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 8 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- 1/12/93 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 Ray Vandeveer , passed unanimously , the meeting was adjourned at 9: 30 p . m. Respectfully submitted , Julie Trude Secretary MOUNDS VIEW CHARTER COMMISSION MINUTES JANUARY 26 , 1993 I . Call to Order The meeting was called to order by Vice-Chair Sue Hankner at 7: 10 p .m. in the Mounds View City Hall Council Chambers . II . Roll Call Present : Virgil Beyer , Sue Hankner , Jerry Linke , Duane McCarty , Richard Oman , Pat Rickaby , Laurie Schley , Bob Toborg , Julie Trude , Ray Vandeveer and Arlene Werdien . Absent : Lloyd Bardwell (excused) , Len Burgers (excused) , Dave Long and Ruth White (excused) . III . Approval of Minutes Duane McCarty noted several corrections and changes that should be made to the Minutes of the January 12 , 1993 meeting . Upon the motion of Laurie Schley , seconded by Bob Toborg , the Minutes of the January 12 , 1993 meeting were approved as amended . (Vote : 9-Aye ; 1 -Abstain) . IV . Charter Review Process 6 Schedule Vice-Chair Sue Hankner explained the "Proposed Charter Review Process 6 Agenda Schedule" she had submitted to the commission . The commission agreed to follow the proposed process and schedule with the following exceptions: ( 1 ) meet with the City Council at a special meeting in late April to iron out any differences , and (2) schedule a public informational meeting and feedback period in May . These plans assume the commission is able to keep on schedule . There was no opposition to this plan . Consensus was also reached that at the conclusion of each meeting , the agenda would be set for the next meeting . V . Old Business No report was available to the commission on the legal fees of Mr . Kennedy. Following a discussion the commission determined that the commission rules should be incorporated into more formal by- laws . Julie Trude volunteered , and received commission approval , to prepare by-laws which incorporate the past commission rules into the Plymouth Charter Commission By-Laws . She offered to submit proposed by-laws to the commission for its review at its next meeting . -2- 1/26/93 VI . New Business - Charter History 6 Philosophy The Vice-Chair asked Duane McCarty , a member of the original Charter Commission , to provide the commission with a historical perspective of the Charter . Duane McCarty noted that the Charter generally follows the Model Charter (from the League of Minnesota Cities) , adopting the "weak mayor-council" form of government . The city 's business is conducted by the 5-member City Council . He explained that the prevailing public attitude was that it was very difficult to get the council to respond to public demands between elections . Specifically , there was much concern over proposed storm sewer projects. The commission wanted citizens to have continuing involvement in the city 's government. Several charter provisions reflect these views--the method of filling council vacancies ; provision for initiative , referendum and recall ; and those on public improvements and special assessments. Further , public notice was required when feasible . Duane McCarty noted that the adoption of Chapter 8 on public improvements and special assessments required adoption of coordinating city ordinances (City Ordinances, Chapter 26) . Citizens involved in drafting and getting the Charter passed shared a philosophy that citizens should have a strong role in local government . VII . Review of Charter The commission discussed the philosophy of the Charter . A consensus developed that the commission would review and update the Charter , maintaining the philosophy of the original document . There was no disagreement on this point. In order to proceed efficiently , the Vice-Chair asked the Secretary to contact the Chair and have him send a letter to each member asking them to make a real effort to attend all meetings , being prepared for the scheduled discussions. The commission proceeded to review the beginning chapters of the Charter , looking for agreement on the concept or goal described in a section . The consensus was to set aside for later discussion any section in which agreement could not be reached in a short amount of time . Chapter 1 : Sec. 1 .01 - Agreement (Move 2nd sent . to §6 .03 , Clerk- Admin 'r Resp. ) Sec. 1 .02 - Agreement (Note : watch for relationships of political subd . s , esp ' ly w/ county , for approp. inclusion. ) -3- 1/26/93 Sec. 1 .03 - Agreement Chapter 2 §2.01 - Agreement §2.02 - Agreement (Note : sent . 2 -delete "itself be and") §2.03 - Set aside (Discuss 2-year vs . 4-year mayor) §2.04 - Agreement §2.04 - Agreement §2.05 - Agreement §2.06, subd. 1 - Agreement (Note : want clarification of term, "no administrative duties") §2.06, subd. 2 - Agreement (Discussion : R . Oman - This section goes beyond the Model Charter , is it necessary? S . Hankner - The staff looks to one person for direction , there ' s a need for leadership . D . McCarty - Explained need for leadership , history of city 's problems when leadership was not asserted . ) §2.06, subd. 3 - Agreement §2.07 - Agreement §2.08 - Agreement Chapter 3 §3.01 - Agreement §3.02 - Set aside (Discussion : Laison function not performed although assignments are made ; staff could be confused by looking to different council members and receiving inconsistent instructions ; there ' s a need to define relationships with staff . ) §3.03 - Agreement §3.04 - subd. 1 , 2 , C 3 - Agreement §3.05 - Set aside (Discussion : Is the time between introduction adoption of ordinances appropriate? Is there sufficient public notice 6 opportunity for public feedback?) §3.06 - Agreement §3.07 - Set aside (Q : Should publication be required before ordinances are adopted?) §3.08 - Agreement -4- 1/26/93 §3.09 - Agreement (Disc . about timing of effective dates . ) §3. 10, subd . 1 E 2 - Agreement (Misspelling "of" = T?or") §3. 11 - Set aside (Q : Should scheduled review be mandated?) VIII . Agenda for Next Meeting The Vice-Chair recommended and the members agreed upon the following agenda for the February 9th meeting : ( 1 ) Review and adopt by-laws . (2) Discuss hiring of an attorney . (3) Review Charter Chapters 4 , 5 6 6 , as time permits . IX . Adjournment Upon the motion of Laurie Schley , seconded by Virgil Beyer , passed unanimously , the meeting was adjourned at 9: 29 p. m. Respectfully submitted , Julie Trude , Secretary 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 review and amend the Charter as needed , considering the best interests of the citizens of Mounds View . Section 3 . Office of Commission . The offices of the Commission are at Mounds View City Hall , or at such other place as the Commission may designate by resolution . Section 4 . Members . The Commission is composed of 15 members . Members shall serve during their term , subject to state law and Article III, section g, or until successors are elected and have qualified . 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 semi-annual and regular meetings of the Commission , determine the agenda , preside at all meetings and implement the decisions of the Commission. The Chair has the right to participate in all Commission decisions with a vote . Before December 31 of each year , 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 in the absence or incapacity of the Chair ; and in case of the resignation or death of the Chair , the Vice-Chair shall perform such duties as are imposed on the Chair until such time as the Commission shall elect a new Chair . Section 4 . Secretary . The Secretary shall perform the duties of a Secretary for the Commission including , recording the minutes and votes at each meeting and submitting approved minutes and relevant materials to the City Clerk for the purpose of maintaining a permanent record for the public to view . On or before December 31 of each year , the Secretary shall submit to the Chief Judge of the District Court an annual -2- By-Laws report outlining the activities and accomplishments of the Commission for the preceding calendar year . The Secretary shall forward a copy of the report to the members of the Commission and to the City Clerk-Administrator . Section 5 . Additional Personnel . The Commission may designate an assistant to the Secretary . The Commission may employ or contract for personnel , as it deems necessary , to assist in framing , amending or revising the Charter as prescribed by Minnesota Statutes , Chapter 410 . These persons may include , but not be limited to , City employees , League of Minnesota Cities staff and independent contractors . Section 6 . Compensation. The members of the Commission shall receive no compensation. The compensation of additional personnel employed by the commission shall be determined and paid by the City . Section 7 . Expenses . The cost of printing the Charter or any amendments or revisions to the Charter shall by paid by the City as directed by the Commission . 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 . Section 8. 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 the by-laws or rules of the Commission . Section 9 . 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 take office at the close of the meeting in which the election is held . Section 10 . Vacancies . A vacancy in the office of Chair , Vice-Chair or Secretary , including a vacancy pursuant to Minnesota Statutes , Section 410 . 05 or other provisions of law , 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 11 . 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 date , a summary of the application process , and the final date on which the Chief Judge will accept applications for appointment , so that the Clerk-Administrator can publish such information in the City -3- By-Laws Newsletter and the City 's official newspaper . Members eligible for re-appointment shall also be notified at this time . ARTICLE III - MEETINGS Section 1 . Semi-Annual Meetings. The Commission shall meet on the second Thursday of March and October of each year , or at such other times as may be determined by a two-thirds vote . Section 2 . Regular Meetings . The Commission does not hold regular meetings at this time but such meetings may be fixed by the resolution of the Commission . All meetings shall be held in the Mounds View City Hall unless meeting notices state otherwise . Section 3 . 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 . Notice of the special meeting shall state the time , date , place and business to be conducted at the special meeting . Notices may be delivered at any time prior to the time of the proposed meeting or may be mailed to the member 's designated mailing address at least two 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 4 . 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 until a quorum is obtained or may simply adjourn the meeting . Section 5 . Order of Business . The Commission shall use the following order of business at its meetings , where appropriate : 1 . Roll Call . 2. Approval of Minutes . 3 . Reports of the Chair . 4. Unfinished Business . 5. New Business. 6 . 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 . Section 6 . Manner of Voting . The voting on all questions coming before the Commission shall be recorded in the minutes. The votes on resolutions , unless unanimous , shall state the number of "ayes , " "nayes , " and "abstentions . " When a quorum -4- By-Laws is in attendance , action may be taken by the Commission upon a vote of the majority of members unless another provision of these by-laws specifically states otherwise . Section 7 . Committees. The Commission may establish and appoint committees . Each committee must designate a Chair . Section 8 . Discharge of Members. Any member who has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the Commission shall be discharged . The Secretary will file the certificate with the District Court as required by Minnesota Statutes, Section 410.05 , Subdivision 2 . ARTICLE IV - AMENDMENTS Section 1 . Amendment Procedure. The Commission By-Laws may be amended by a resolution adopted by a two-thirds majority of qualified and acting members in attendance at a properly noticed meeting of the Commission . Section 2. Records. Each member of the Commission shall receive a copy of the current Commission By-Laws together with a copy of the Charter . When the By-Laws are amended the Commission shall decide whether to have the By-Laws re- typed incorporating amendments , or whether the amendment(s) should be numbered , dated and distributed to the members as addendums. Amendments and re-drafted by-laws shall be kept on file at the City offices . ADOPTED :