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HomeMy WebLinkAbout09-19-1979 a , MOUNDS VIEW CHARTER COMMISSION • MINUTES September 19, 1979 I. Mooting celled to order by Chairman, Bill Doty, at 7:26 P.M. I.I. ABSENT MEMBERS: Dave Notaro Walter Skiba Jim Wills Curt Schmidt TARDY: Milan Illig (7:33 P.M. ) Don Hodges (7: 45 P.M. ) III: Approval of previous minutes as follows: 8/23/79 Moved Duane McCarty, second Neil Loeding, motion carried. 8/28/79 Moved Dick Lykke, nccond Lowell Nygaard, motion carried. 8/30/79 Moved Duare McCarty, second Neil Loeding, motion carried. 9/6/79 Moved Duane McCarty, second Dick Lykke, motion carried. IV. Report of Research Committee given by Duane McCarty. (copy attached). • V. The Research Committee presented a new Chapter 8 "Public Improvements and Special Assessments" to be considered by the Commission. The Research Committee, in doing their work, considered what can and should be done to better address the following listed concerns of the majority of the Charter Commission: (a) Checks and balances among and between city council, city commissions, city staff and citizens. (b) Better communication with and vital information to public. J) Public vote on improvement projects. (d) Public vote on other ordinances of vital concern. (e) Recall of public officials, where necessary. (f) More local control of government in place of state direction. Suggested new Chapter "8" discussed, and the following change was made thru concurrence of the commission. Addition of "proposed to be assessed for such improvement". Refer to Charter Draft of 9/22/79, Sec. 8.04, Subd. 1, lines 12 and 13 on page 26. 411 • M.V. Charter Commission Minutes of 9/19/79 - (cont'd.) (2) • V. Motion made by Neil Loeding, seconded by Duane McCarty that a revision be made in Sec. 8.04, Subd. 2. Delete "majority of the property owners of the city" and substitute "majority of the electors who voted for mayor in the last regular municipal election". (9) Ayes (1) Nay - C. Ziebarth. (Refer to Charter Draft of 9/22/79, lines 18 and 19 on page 26.) Motion made by Duane McCarty, seconded by Lowell Nygaard, that the Commission accept the proposed new Chapter 8 as presented by the Research Committee, and further, that the vote be rescinded under Item III in the Minutes of 9/6/79. After much discussion, call for question by D. McCarty, seconded by N. Loeding. (9) Ayes (1) Nay - C. Ziebarth. Vote on Motion: (9) Ayes (1) Nay- C. Ziebarth. Motion passed. VI. Motion made by D. McCarty, seconded by D. Lykke, that the Commission deal exclusively with the recommendations of the Research Committee at this point in time. Carried Unanimously. Motion made by C. Ziebarth, seconded by D. McCarty, that in Sec. 3.08, Resolution, the first sentence should read: "Every resolution shall be • presented in writing and read in full before adoption,unless the reading is dispensed with by unanimous consent of the council". Carried unanimously. (The Research Committee also recommended this change. ) Research Committee suggested using the wording of Sec. 5.05 Initiative, in the Model Charter, with the addition of the word "resolution" following "Any ordinance", and delete the words "except an ordinance relating to the budget or capital program, the appropriation of money, the levy of taxes, or the salaries of city officers or employees". Motion made by N. Loeding, seconded by L. Nygaard, to approve the recommendation f_the Research-Committee regarding Sec. -5.05, and to__rescind_the motion passed relative to section 5.05 as recorded in the Minutes of 8/28/79. Vote on Motion: (9) Ayes (1) Nay- C. Ziebarth. Motion passed. (Note: The secretary in typing Sec. 5.05 Charter Draft of 9/22/79, added the word "resolution" throughout the Section in order to be consistent with the motion. Also changing "city clerk" to "clerk-administrator". ) • 1 M.V. Charter Commission Minutes of 9/19/79 - (cant'd. ) (3) • VI. Section 6.01 Administrative Responsibility. Recommendation of Research Committee to strike the words "city administrator" and insert the words "an administrative officer". Also add thereto the sentence, "For purposes • of reference in this charter, this administrative officer shall be referred to as the clerk-administrator". Dick Lykke excused at 10:30 P.M. Motion made by M. Illig, seconded by N. Loeding, to accept the recommendation of the Research Committee regarding Sec. 6.01, and to rescind the motion passed in Item III, second paragraph, recorded in the Minutes of 8/30/79. Vote on Motion: (6) Ayes (2) Nayes- C. Ziebarth - D. Hodges (1) abstention D. McCarty. Bill Werner excused at 10:40 P.M. Section 6.02 Administrative Organization, recommend to add new Subd. 3 as follows: "The heads of departments and other officers shall report in person to the council and to the public at least once each quarter at a regularly scheduled council meeting". Concurrence of Commission with one opposed. (C. Ziebarth) Research Committee recommended moving 7.04 Subd. 3 to 7.06 and make its contents Subd. 2. , and have it read as follows: "At least two weeks before the budget is adopted for the ensuing fiscal year, a summary shall be given in the city newsletter, in draft form, of the budget. Such summary shall be set forth in language designed to be readily understood by the layperson, and shall provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year, but failure to provide the specified summary will not invalidate the budget." Carol Ziebarth excused at 11:04 P.M. Motion by L. Nygaard, seconded by M. Illig, to accept the recommendation of the Research Committee regarding deleting section 7.04 Subd. 3 and revising its contents and making it 7.06 Subd. 2, and to rescind the motion passed in Item IV. , of the Minutes of 8/30/79 and Item I of 9/6/79 Minutes. Carried unanimously. • Minutes of 9/19/79 - (cont'd. ) Page (4) VII. Further changes were made in the Charter, as follows, based on either the recommendation of the Research Committee, or thru consensus of the entire • Commission: (Refer to Charter Draft of 9/22/79) Sec. 1.02, page 1, lines 12 and 13, added: "unless otherwise provided in this (Committee Rec. ) charter". Sec. 2.05, page 3, line 4, delete "ceases to reside" and add "non-residence". (Commission Chg. ) Sec. 3.01, page 4, line 6, added: "The twenty-four hours notice shall not be required in an emergency". (Committee Rec. ) Sec. 3.03, page 5, lines 4 and 5, added: "Except as otherwise provided in this charter". (Committee Rec. ) Sec. 3.04, page 5, restore words in title "Resolutions and Motions". Make section into 3 subdivisions. Add: "and motions" in line 12. New Subd. 3: "The general administrative business of the council shall be conducted by resolution". (Committee Rec. ) Sec. 3.07, page 6, lines 18 and 19, added: "and shall be preceded by a summary of its contents." (Committee Rec. ) Sec. 3.08, page 6, add to title: "Procedure on". Add: "unless the reading is dispensed with by unanimous consent of the council" in lines 24 and 25. (Committee Rec. ) Sec. 3.09, page 7, last sentence scratched: "Every ordinance and resolution adopted by the voters of the city shall take effect immediately upon its adoption or at such later date as it specifies." (Committee Rec. ) Sec. 3.10, page 7, Subd. 2, the words "or referendum" deleted after the word "initiative". (Committee-Rec. ) Sec. 3.11, page 7, rearrange wording of first sentence "and its resolution index", instead of: "and index its resolutions". (Commission Chg. ) Sec. 4.03, (OLD) entitled "Judges and Clerks of Election" deleted. (Committee Rec. ) Sec. 4.05, (OLD) entitled "Canvass of Elections" deleted. (Committee Rec. ) • Minutes of 9/19/79 — (cont'd. ) Page (5) VII. Sec. 4.05. Vacancy of Municipal Elected Office. Made into subdivisions. • Page 9, Subd. 2, add: "except as set forth under subd. 5 of this section". (Commission chg. ) Sec. 4.05, page 9, new subd. 5 added.and continued on page 10. Also a new subd. 6 added. (Committee Rec. ) - Sec. 5.03, page 11, sentence deleted: "Within thirty days after the filing with the city clerk of the information required by section 5.02 of this chapter." (Was first sentence of section. ) The last 4 sentences of section, beginning with "Immediately" taken from Sec. 5.03 of the Model, with the exception of using ten days, instead of twenty days as written in Model. (Committee Rec. ) Sec. 5.07, page 13, deleted first sentence: "Consideration by the electorate of an ordinance, resolution or other measure passed by the council may be initiated by petition. The petition. . . . ." First sentence to be: "Any ordinance or resolution may be subjected to referendum by a petition which", etc. (Committee Rec. ) Sec. 5.08, page 13, Add in lines 6 and 7 of section: "Such petition shall be filed in the clerk-administrator's office prior to circulation." (Committee Rec. ) Sec. 7.06, Subd. 1, page 21, deleted from contents: "not later than the first • week of October" and "not later than October 10". (Committee Rec. ) Sec. 12.13 , page 33, add to sentence: "or 30 days after passage, whichever comes later." (Committee Rec. ) Add to the Charter a Table of Contents. (Commission Recommendation) The secretary was requested, if at all possible, to type a complete Charter Draft, incorporating all the_changes made to date by the Commission, to be completed for the next meeting date of September 26, 1979. Motion made by D. McCarty, seconded by Lowell Nygaard, to adjourn the meeting. Vote: Unanimous. Meeting adjourned at 11:48 P.M. de // .c_ Ruth w" te, Secretary Report of Research Committee Proceedings: A meeting of the Research Committee was held on Sept. 11 , 1979 at the Am, Mounds View City Hall. II, Call to order by Chairman_ Doty at 7:00 P .M. Committee Members present McCarty and Loading. Committee work began with an analysis of Minn. Statute 429 and utilization in Chapter 8 of the Proposed Charter for Mounds View. A review of chapters one through seven was conducted for further opportunities to address the concerns of the Charter Commission. MSP Leoding/Doty to adjourn to Sept. 13, 1979 at 7:00 P.M. at Mounds View City Hall. The meeting was reconvened at 7:00 P.M. at City Hall on Sept. 13, 1979. vr t e-Q s P R E S EA T— D or'f - LOS s NCS, There was a reviewal of information received from the League of Minnesota Cities R.E. Public Improvements and Special Assessments. Committee-member LeAding was requested to draft a framework r.e. the Research Committees' findings on Public Improvements and Special Assessments for presentation to the Charter Commission as Proposed Chapter 8. The meeting was adjourned to Sept. 18, 1979 at City Hall at 6:30 P .M. The meeting was reconvened at 6: 30 P .M. on Sept. 18, 1979 at City Hall. elk 9 g P,- 5 AI - Doc-Y- '.O1Dr w4 I.t c C M Committee member Leading presented a ramework of a Proposed Chapter _8. It was the consensus of the committee that Proposed Chapter 8 represented the concerns of the Charter Commission r.e. Public Improvements and Special Assessments. A review of chapters eight through twelve was conducted for further opportunities to address the concerns of the Charter Commission. The meeting was adjourned until 9:00 A.M. Sept. 19, 1979 at the offices of the League of Minnesota Cities, 480 Cedar Street St. Taul Minn. Committee members Loading and McCarty met with Mr. Peter TritZ, Assistant Director of Research at 9:00 A.M. at the League of Minnesota Cities and discussed City Charters and other topics relative to proposed Chapter 8. Meeting adjourned 4atERMISKOMMEMINISI at 11 :04 A.M. 4°-- /1,4+E'I, roro SED Ct{4iu6C-5 -fa C/F1ptE2 i"Ad/4" fir rU f, 1� / 77 F D irTie z- 1,01'15 77;S ev s'SEV, — 5 1