HomeMy WebLinkAbout03-22-1994 MOUNDS VIEW CHAR'I'ER COMMISSION MINUTES
MARCH 22, 1994
I. Call to Order
Chair Len Burgers called the meeting to order at 7.:15 p.m. in the Mounds View City
Hall.
H. Roll Call
Present: Virgil Beyers, Len Burgers, Jerry Linke, Dave Long, Laurie Schley, Julie
Trude, Russ Warren, Bill Werner and Ruth White.
Absent (excused): Lloyd Bardwell, Sue Hankner, Duane McCarty, Richard Oman
and Bob Toborg. Absent (unexcused): Arlene Werdien.
III. Approval of Minutes
Upon the motion of Jerry Linke, seconded by Virgil Beyer, the Minutes of the
March 8, 1994 meeting were unanimously approved as submitted.
IV. Chair's Report
Len Burgers noted that the votes taken on term limits, primaries, and the mayor's
term-were consistent with the consensus reached by the commission at its June 1993
meetings.
Len Burgers noted that he had contacted Jean Miller and she is willing to be the
commission's English teacher, reviewing our draft for punctuation and correct
grammar and style.
The Chair reported that Julie Trude had obtained a copy of the Holmes and Graven
billings for David Kennedy's work in the Fall of 1992. The City had allotted $4500
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Burden ofr f rpetitions:
poo e
The commission agreed no changes would be required in the language
proposed for Sec. 5.04, subd. 2. "If the City Council determines on its own motion
that a sufficient and regular petition is determined to be illegal under case law, legal
precedence, or constitutional nonconformity, thereby refusing to submit an initiative
to the voters as provided in this Charter, a court order or injunction permitting the
City Council authority to refuse such election must be produced by the Council
within 15 days of the date of determination of sufficiency. If the Council has not
acted according to this subdivision within the above 15 day period, the sponsoring
committee may appeal to the Charter Commission and the Charter Commission may
provide for said election to be paid by the City. The Clerk-Administrator shall
provide for said election upon the order of a majority vote of the Charter
Commission." This language will be included in the re-draft.
Recall
The draft of recall distributed in the February packet was discussed. The
commission amended the first sentence to read: "The citizens of the City may
request a recall vote of any elected officer of the City by petition." In addition the
grounds for recall in the second sentence shall be limited to "malfeasance,"
following the recommendation of attorney David Kennedy.
Section 7.06:
Laurie Schley reviewed her proposed rewording of this section. Following a
discussion of the commission's goals in the budgeting process, the consensus
developed that the wording proposed at the March 8th meeting should be followed.
("The budget resolution must show the total revenues and expenditures for each
budgeted fund and each department . . .")
VI. Other Substantive Issues from Charter Re-draft
Julie Trude noted that the commission had not yet reviewed the number of persons
required for a successful petition. She had learned that in the 1992 general election,
the votes cast for mayor totaled 5648 and the votes cast for president totaled 6239.
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Burden of proof re petitions:
The commission agreed no changes would be required in the language
proposed for Sec. 5.04, subd. 2. "If the City Council determines on its own motion
that a sufficient and regular petition is determined to be illegal under case law, legal
precedence, or constitutional nonconformity, thereby refusing to submit an initiative
to the voters as provided in this Charter, a court order or injunction permitting the
City Council authority to refuse such election must be produced by the Council
within 15 days of the date of determination of sufficiency. If the Council has not
acted according to this subdivision within the above 15 day period, the sponsoring
committee may appeal to the Charter Commission and the Charter Commission may
provide for said election to be paid by the City. The Clerk-Administrator shall
provide for said election upon the order of a majority vote of the Charter
Commission." This language will be included in the re-draft.
Recall
The draft of recall distributed in the February packet was discussed. The
commission amended the first sentence to read: "The citizens of the City may
request a recall vote of any elected officer of the City by petition." In addition the
grounds for recall in the second sentence shall be limited to "malfeasance,"
following the recommendation of attorney David Kennedy.
Section 7.06:
Laurie Schley reviewed her proposed rewording of this section. Following a
discussion of the commission's goals in the budgeting process, the consensus
developed-that-the wording proposed-at the March8thmeeting—should-be-followed.
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("The budget resolution must show the total revenues and expenditures for each
budgeted fund and each department . . .")
VI. Other Substantive Issues from Charter Re-draft
Julie Trude noted that the commission had not yet reviewed the number of persons
required for a successful petition. She had learned that in the 1992 general election,
the votes cast for mayor totaled 5648 and the votes cast for president totaled 6239.
The existing Charter requires 15% of those voting for president or 936 persons to
sign a successful petition. The commission had proposed changing the requirement
to 20% of those voting for mayor, or 1130 required for a successful petition. The
goal of the commission was not to raise the number of persons required to
successfully petition the city.
Motion by Julie Trude, seconded by Jerry Linke to use the original charter
requirement that 15% of those voting for president in the last general election be
required to present a successful petition to the City. Vote: 8 ayes; 0 nays (Dave
Long was absent for this vote.) Motion passes unanimously.
VII. Agenda for Next Meeting
Motion by Jerry Linke, second by Laurie Schley, to allow the Chair to set the next
meeting of the Charter Commission allowing the Secretary time to have the
document updated and retyped, the English teacher time to review the re-draft and
the lawyer time to review the polished copy. In addition a list of the proposals for
voters should be prepared before the next meeting is set. Votes: 8 ayes, 0 nays.
Motion passes unanimously.
VIII. Adjournment
Upon the motion of Julie Trude, seconded by Virgil Beyer, the commission voted —
unanimously to adjourn the meeting at 8:35 p.m.
Respectfully submitted,
ulie Trude, Secretary
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