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Home My WebLink About08-23-1979 • MOUNDS VIEW CHARTER COMMISSION MINUTES AUGUST . . . . 23 1979 I. Meeting called to order by Chairman, Bill Doty, at 7:33 P.M. Chairman Doty outlined the format for the evening's meeting; i.e. , the Charter would be reviewed chapter by chapter by the Commission, making any changes, if necessary. Comments would then be solicited from the public in attendance. Only legal issues, or vital issues that should be changed in the Charter, would be considered at this time. Further, he pointed out that before a final copy would be submitted to the City Council, a public hearing would be conducted. II. ABSENT MEMBERS: Milan Illig Curt Schmidt Dave Notaro Howard Neisen Richard Lykke TARDY: Jim Wills (7:42 P.M. ) Bill Werner (7.55 P.M. ) Carol Ziebarth (8:42 P.M. ) III. Reviewal of Commission Minutes of July 25, 1979: • It was requested that the Minutes show the complete voting record on all motions, if not unanimous. Therefore, additions are as follows: Item VI. Vote: (8) Ayes (1) Abstention Item VII. (1) & (2) Vote: (8) Ayes (1) Abstention Item VIII. Vote: (7) Ayes (1) Abstention (Bill Werner excused from meeting @ 10:35 P.M.) ---------- em IX. Vote: Ayes 1 Abstention Item X. Vote: Unanimous (second paragraph) Item XI. Vote: (7) Ayes (1) Abstention With reference to Item XV, Jim Wills wanted it understood that he was not acting in the capacity of attorney for the Charter Commission, but only as a lay member of the city body. Thereupon, a motion was made by Duane McCarty that the Minutes be approved, as amended. Seconded by Don Hodges. Carried unanimously. • • M.V. Charter Commission - Minutes - (continued) Page (2) • IV. Reviewal of Chapters 1, 2 and part of Chapter 3 of the proposed City Charter: Sec. 2.03 Changed to read: "Council Composition and Election. The council shall be composed of a mayor and four councilmembers who shall be qualified electors and who shall be elected at large. Councilmembers shall serve for a term of four years and/or until a successor is elected and qualifies. The mayor shall serve for a term of two years and/or until a.successor is elected and qualifies." Sec. 2.05. Vacancies. Motion made by Carol Ziebarth, seconded by Duane McCarty, to strike, "or by reason of the failure of any councilmember without good cause to perform any of the duties of membership in the council for a period of three months" in lines 6 and 7 of section. Carried unanimously. Motion made by Jim Wills, seconded by Don Hodges, that the wording read: "or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months." VOTE: (9) byes (1) Nay. Motion carried. Change in third sentence. To read: "person elected thereto to qualify, or by • reason of the death, resignation in writing filed with the Clerk-Administrator, removal". . . Sec. 2.06. The Mayor's Power and Duties. Subdivision 1. Fifth sentence of paragraph - delete: "The council shall choose from its members the acting mayor who shall hold office at the pleasure of the council. An acting mayor shall serve as mayor in the mayor's absence and as mayor in case of the mayor's disability or absence from the city." Substitute_aSubdivision 3 and use the terminology as provided in 412.121 of Minnesota Statutes, as follows: "At its first meeting each year the council shall choose an acting mayor from the councilmembers. He/she shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies." Sec. 2.08. Investigation of City Affairs. Strike last two sentences of paragraph: "To expedite these purposes, council- members shall be assigned as liaison to city departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility." M.V. Charter Commission - Minutes - (continued) Page (3) -3 • IV. Reviewal of Chapters 1, 2 and part of Chapter 3 of the proposed City Charter: (CONTINUED) Sec. 2.08. Investigation of City Affairs - (cont'd. ) Insert the word "certified" in sixth sentence of paragraph. To read: "work or by a certified public accountant." In seventh sentence, insert the word "city" before the word "accounts". To read: "or audit of the city accounts of any city officer or agency, and it may provide . . . . " Sec. 3.02. Secretary of Council. Motion made by Jim Wills, seconded by Neil Loeding, to strike the entire contents of Sec. 3.02, and insert instead:. "Liaison Function. Councilmembers - shall be assigned as liaison to city departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility." Sec. 3.03 Rules of Procedure and Quorum. Second sentence to read: "A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time." Sec. 3.04. Heading to read: Ordinances. Strike the words "Resolutions and Motions." Also, in last sentence strike the words, "and resolutions". Sec. 3.06. Emergency Ordinances. Page (6)- last three lines to read: "clerk, and has either been posted in three conspicuous places in the city, or published as provided for in this Charter, or the person charged th olation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution." Sec. 3.07 Heading to read: Resolutions. Strike the words "Procedure on". To read: "The general administrative business of the council shall be conducted by resolutions. Every resolution shall be presented in writing and read in full before adoption." • • M.V. Charter Commission - Minutes - (continued) Page (47.f • IV. Reviewal of Chapters 1, 2 and part of Chapter 3 of the proposed City Charter: (CONTINUED) Sec. 3.07. Resolutions. - (cont'd. ) Motion made by Carol Ziebarth, seconded by Bill Werner, to add to the last sentence, "unless the reading is dispensed with by unanimous consent of the council". VOTE: (5) Ayes (5) Nays. Motion fails by tie vote. Sec. 3.10. Amendment and Repeal of Ordinances and Resolutions. Subd. 1. Strike last 3 lines in paragraph: "Any proposed ordinance or resolution which conflicts with or changes the intent or requirements of an existing ordinance or resolution shall be considered an amendment of an ordinance or resolution and, therefore, shall be subject to this section." Motion made by Jim Wills that last sentence in paragraph be amended to read: "Amendment or repeal of an ordinance shall require a majority vote of all the members of the council, unless otherwise provided for by state law." Seconded by Duane McCarty. VOTE: (7) Ayes (2) Nays (1) Abstention. Motion • carried. Bill Werner excused at 10:35 P.M. V. Following suggestions from the attending public, and much discussion, further motions were made as follows: (a) Sec. 3.04. Ordinances. Motion made by Duane McCarty that the vote onall ordinances shall- e by a roll call vote." Seconded by Jim Wills. VOTE: (7) Ayes (2) Nays Motion carried. (b) Sec. 3.07. Resolutions. Motion made by Jim Wills to add additional sentence to paragraph to read: "Except as otherwise provided in this Charter, an affirmative vote of a majority of those council members present shall be required for the passage of a resolution. " Seconded by Carol Ziebarth. VOTE: (2) Ayes (7) Nays Motion failed. M.V. Charter Commission - Minutes - (continued) Page (5) • V. (b) Sec. 3.07. Resolutions - (cont'd. ) Motion made by Neil Loeding that the last part of paragraph read: "Except as otherwise provided in this Charter, an affirmative vote of a majority ,of all members of the council shall be required for the adoption of all resolutions." Seconded by Duane McCarty. VOTE: (7) Ayes (2) Nays. Motion carried. Jim Wills requested to be excused from the meeting at 11:51 P.M. and made a motion that meeting adjourn. Motion failed for lack of second. • The Chairman then called a Special Meeting of the Commission for Tuesday, August 28, 1979, at 7:00 P.M. , at City Hall. VI. Because of the lateness of the hour, it was decided to adjourn the meeting. Motion made by Duane McCarty, seconded by Don Hodges, to adjourn meeting. Carried unanimously. • Meeting Adjourned: 12:00 Midnite. • Ru. White, Secretary