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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 -1- 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. -3- 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. ----- ---- ("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 -4-