HomeMy WebLinkAbout09-26-1979 ��XXX/
MOUNDS VIEW CHARTER CONNISSION
• MINUTES
September 26, 1979
I. Meeting called to order by Chairman, Bill Doty, at 7:30 P.M.
II. ABSENT MEMBERS: Milan Tiiig Jim Wills
Lowell Nygaard Curt Schmidt
William Werner Sr.
TARDY: Dave Notaro (8:00 P.M. )
TTT. Notion made by Duane McCarty that approval of the meeting Minutes of 9/19/79
be deferred until a later date in view of the fact that they were just distributed.
Seconded by Dick Lykke. Carried unanimously.
IV. The Chairman asked the secretary to make a statement as to how the Minutes
were distributed to City Hall for public record.
The secretary, Ruth White, stated that she mailed a copy of all Charter
. Commission Meeting Minutes to City Hall, 2401 N.E. Highway #10, St. Paul,
Minnesota 55112, First Class Mail, to the attention of Mark Achen, when
he was Clerk-Administrator, to the attention of Bruce Anderson, when he
was Acting Clerk Administrator, and to the attention of just "Clerk-Administrator"
during the period of hiring a new Clerk-Administrator, and now they are being
directed to the attention of Jeff Nelson. Further, she was assisted in the
xeroxing and mailing of the Minutes by Mr. E. Smith. Mr. Smith was present at
the meeting and attested thereto.
V. The chairman outlined the business schedule for the evening stating the
Commission would review the proposed Charter draft of 9/22/79, and make any
additional changes or corrections, if necessary, after which the attending
public would be invited to ask questions and/or make recommendations.
VI. Based upon recommendations from Commission members, the attending public,
city attorney as addressed by D. McCarty, and League of Minnesota Cities as
addressed by Neil Loeding, the following changes were made in the Charter draft
of 9/22/79:
Sec. 3.01. , page 4, end of first sentence, the word "rule" changed to "ordinance".
111 Don Hodges excused at 7:50 P.M.
M.V. Charter Commission Minutes of 9/26/79 - (cont'd.) (page 2)
• VI. Sec. 3.04. Subd. 1, page 5, added after word "charter" in first sentence the
words "or state law".
Sec. 3.04. Subd. 3, page 5, added after word "resolution" the words "or motion".
Sec. 3.05. The first sentence changed to read, "Every proposed ordinance shall
be presented in writing and read in full before adoption, unless the reading is
dispensed with by unanimous consent of the council." (New or additional wording is
underlined by the secretary.) (Page 5)
Sec. 3.05. - page 5, last sentence, the word "passage" deleted in favor of the
word "adoption".
Sec. 3.08, page 7, strike "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." (First sentence on top of page. )
Sec. 3.09. , page 7, second line, the word "passage" deleted in favor of the word
"adoption", and in the last line in paragraph the word "approval" deleted in favor
of the words "its publication".
• Sec. 3.10, Subd. 1, page 7, last line in paragraph changed to strike the words
"by state law" and add the words, "in this charter or by state law".
Sec. 3.10, Subd. 2, page 7, delete the words "approval of the voters" and insert
"submission to the voters of the question by the council at a regular municipal
or special election".
Sec. 4.03. , page 9, add to paragraph, "Except as otherwise provided by this charter
and supplementary ordinances, general state laws on elections shall apply to
municipal elections".
Sec. 4.04. , page 9, heading and first sentence changed to read, "Special and
Advisory Elections except for Elected Office. The council shall by resolution
order a special or advisory election and provide all means for holding it."
Sec. 4.05. , Subd. 4, page 9, add another sentence to paragraph, "In the case of
a tie vote of the council, the mayor shall make said appointment".
411
M.V. Charter Commission Minutes of 9/26/79 - (cont'd. ) (page 3)
• VI. Sec. 4.05, Subd. 5, page 10, in last sentence add after the word "fill" the
words "the vacancy in".
Sec. 4.05, Subd. 6, page 10, add to the last sentence the words "until the next
regular municipal election." Add another sentence - "In the case of a tie vote
of the council, the mayor shall make said appointment".
Carol Ziebarth did not concur with contents of Subdivision 6, and made a motion
to strike the contents of the entire Subdivision 6. Seconded by Dave Notaro.
VOTE: (2) Ayes (6) Nays
Carol Ziebarth Doty Lykke
Dave Notaro Loeding McCarty
White Skiba
Sec. 5.02, page 11, in 5th line add the words "be a registered voter of the city
and shall" so that the sentence reads, "Each signer shall be a registered voter
of the city and shall sign his/her name and give his/her street address."
Sec. 5.02, page 11, last line in paragraph, strike the words "he/she" and
insert the words "said clerk-administrator".
• Sec. 5.03, page 11, second sentence deleted, "Within five days after the filing
of the petition, the clerk-administrator shall ascertain by examination the
number of electors whose signatures are appended thereto."
Sec. 5.03, page 11, in 5th and 6th sentences of paragraph, increase the percentage
.figure from ten percent to fifteen for initiative and referendum, and for recall,
from twenty percent to twenty-five percent. Also insert the words "for president"
in the 6th line, and the word "presidential" in the 7th line, thus the lines to
read, "at least twenty-five percent of the total number of electors who cast their
votes for president at the last presidential election."
Carol Ziebarth concurred with the increase in the percentage figures from ten
percent to fifteen percent, and from twenty percent to twenty-five percent, but
did not concur with the addition of words "for president" and "presidential", and
made a motion to increase the percentage figures to 15% and 25%, respectively,
and to leave the wording as presently written without any insertions. Seconded
by Dave Notaro. VOTE: (2) Ayes (5) Nays (D. Lykke - Absent)
C. Ziebarth Doty McCarty
D. Notaro Loeding Skiba
White
411
M.V. Charter Commission Minutes of 9/26/79 - (cont'd. ) (page 4)
• VI. Sec. 5.05, page 12, add in lines 8 and 9 of paragraph, the wording, "a form
acceptable to the majority of the sponsoring committee",and in line 9, "as
originally proposed" shall be
Sec. 5.07. , page 13, the first line to read, "Referendum. Prior to the date
when an ordinance or resolution takes effect, it may be subjected to"
Sec. 5.07, page 13, line 5 of paragraph, insert the wording, "the said ordinance
or resolution shall thereby be prevented from going into operation, and"
Sec. 5.07, page 13, lines 9 and 11, strike the word "measure" and insert the
words "ordinance or resolution".
Sec. 5.08. Recall, page 13, 4th line in paragraph, strike the words "for removal"
and insert the wording, "for recall, which shall be malfeasance, misfeasance, or
nonfeasance in office"
C. Ziebarth did not concur with changes, and made a motion to delete Sec. 5.08
in its entirety. Motion failed for lack of second.
• Sec. 6.02, Subd. 3, page 15, add the words in first sentence after "officers",
"designated by the council
Sec. 6.03, Subd. 1, page 15, add to the first sentence to complete the sentence,
the words, "in a statutory city".
Sec. 6.03, Sub. 11, page 17, to read, "The clerk-administrator shall supervise
municipal employees, programs and activities, unless otherwise directed by the
council."
Subd. 14, page 17, strike the word "may" and insert "shall" instead.
Subd. 16, page 17, strike the words "along with the rest of the staff" in the
third line of paragraph.
Subd. 17, page 17, strike the word "as" and insert the words "unless otherwise"
instead.
Subd. 19, page 17, strike the word "may" and insert "shall" instead.
•
M.V. Charter Commission Minutes of 9/26/79 - (cont'd. ) (page 5)
• VI. Sec. 6.04, page 18, line to read, "the treasurer shall be as specified by
state law for the treasurer in a statutory city".
Sec. 7.01, page 18, last sentencesto read, "It shall provide for the collection
of all revenues and other assets, and the auditing and settlement of accounts.
It shall further provide for the safekeeping and disbursement of public moneys
by the city treasurer.
Sec. 7.04, Subd. 1, page 18, strike third line, "ordinance or, in the absence
of ordinance, the first regular council meeting in September", and insert the
word "resolution". Thus, the first sentence to end with the word "resolution".
Sec. 7.05, Subd. 1, page 19, in third line of paragraph, strike the word "with"
and insert the word "in" instead.
Sec. 7.05, Subd. 2, page 19, in the first sentence, strike the words, "recreation,
fire protection, police protection, and so on". Sentence to read: "The program
shall be a continuing five-year plan for all public services, estimating future
needs for the public health, safety and welfare of the city."
• Sec. 7.05, Subd. 5, page 20, strike the word "of" in first sentence and insert the
word "on".
Subd. 6, page 20, to read: "A summary of the long-term financial plan shall be
published in the city newsletter annually."
' Sec. 7.08, page 22, second line, delete the word "exceed" and insert the word
"increase" instead.
Sec. 7.10, Subd. 2, first sentence to read: "A description of each such proposed
issue shall be published in the city newsletter"
Sec. 7.12, Subd. 2, page 24, first sentence to read: "A description of each such
proposed certificate shall be published in the city newsletter"
Sec. 8.03, page 25, second line, strike the words, "and issuance of warrants for
the collection of said assessments". Insert instead the words, "of said assessments
and"
In the fourth line, strike the word "may" and insert "shall" instead.
In the seventh line, strike the words "or resolution".
411 Dick Lykke excused at 10:35 P.M.
M.V. Charter Commission Minutes of 9/26/79 - (cont'd. ) (page 6)
• VI. Sec. 8.04, Subd. 1, page 25, line 5 insert the words, "all of" thus reading:
"majority of all of the council" Also in the 6th line, insert the words
"all of" thus reading: "affirmative vote of all of the council."
Also the 13th line to read: "published twice at least one week apart in the
official newspaper of the city no less than two weeks prior to the"
Sec. 8.04, Subd. 1, page 26, in second line at top of page, delete the word
"one" and insert "two weeks" instead. Also, at the end of subdivision 1, add
"Any person whose name appears on a request to the council for a local improvement,
on a remonstrance against a local improvement, or on a petition for a local
improvement, may withdraw his/her name by a statement in writing filed with the
council before such request, remonstrance or petition is presented to the council."
Sec. 8.04, Subd. 2, page 26, in line 4 of paragraph, add the words "number of"
thus reading: "majority of the number of electors who voted for"
C. Ziebarth does not concur with Subd. 2 in its entirety.
Sec. 8.04, Subd. 3, page 26, in line one add the words "a proposed improvement is"
thus reading: "When a proposed improvement is allowed under the foregoing"
In the second line strike the words, "with the proposed improvement"
In the fourth line, add the word "proposed" before the word "contract", thus reading:
"that the current proposed contract exceeds"
• Sec. 8.04, add new Subd. 4, page 27, reading: "When a proposed improvement is
disallowed under the foregoing subdivisions, the council shall not vote on the
same improvement within a period of one year after the public hearing on said
improvement."
Sec. 8.05, page 27, addition of the words "may be" before the word "collected"
thus reading: "and may be collected in the same manner as special assessments".
Also add another sentence: "Such costs shall not be deemed to be "special assess-
ments" for the purposes set forth in section 8.03 of this chapter".
Sec.11.06.. , page30, in second line, add the words "and in the city newsletter"
thus reading: "in the official newspaper and in the city newsletter at least"
Sec. 12.01, page 30, the word "Publications" should be singular. Delete the
nstt.
Sec. 12.06, in line 3, add the words "in the official newspaper", thus reading:
"may be made only after published notice in the official newspaper and an opportunity
for affected property"
M.V. Charter Commission Minutes of 9/26/79 - (cont'd. ) (page 7)
VI. Include new Sec. 12.08 (Section 12.07 from Model) reading: "City to Succeed
to Rights and Obligations of Former City. The city shall succeed to all the
property, rights, and privileges, and shall be subject to all legal obligations
of the city under the former charter."
This change will renumber the remaining sections in Chapter 12. That is,
section 12.08 will be section 12.09, etc.
Sec. 12.09 (new Sec. 12.10), page 33, last line of paragraph, add the word
"have", thus reading: "elected or appointed and have qualified."
Sec. 12.11 (new Sec. 12.12)to read: "The council shall by ordinance, resolution,
or other appropriate action make such regulations as may be necessary to carry
out and make effective the provisions of this charter." (Page 33)
(from 12.10 of Model)
Motion made by W. Skiba, seconded by D. McCarty, to adjourn the meeting.
Vote: Unanimous. Meeting adjourned at 12:20 A.M.
But, White, Secretary
•