HomeMy WebLinkAbout10-11-1979 PUBLIC RECORD
MOUNDS VIEW CHARTER COMMISSION �'��`L6 2I?&2s
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October 11, 1979 RE1 a
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I. New Member appointed to Charter Commission. ' 1,7
Mr. Robert Beutel introduced himself as a newly appointed member of
the Charter Commission to replace Mr. Howard Neisen who resigned on
August 22, 1979.
II. Meeting called to order by Chairman, Bill Doty, at 7:10 P.M.
III. ABSENT MEMBERS: Dave Notaro TARDY: Carol Ziebarth (7:15 P.M.)
Jim Wills Milan Illig (7:25 P.M.)
Curt Schmidt
IV. Approval of October 4, 1979, Minutes:
Motion corrected in item VI to read: "To assure input on the entire Charter
• Draft by commission members, a motion was made by Neil Loeding that the
commission go through the charter first and make any necessary changes or
corrections, and then invite questions and/or recommendations fromthe
attending public
Correction item VII, page 3, fifth paragraph to read: "The chairman called
for another second to the motion presented by C. Ziebarth. There not being
a second, motion failed; however, the commission requested that D. McCarty
discuss Chapter 8 with a bonding attorney."
Thereupon a motion was made by N. Loeding, seconded by L. Nygaard, that the
minutes be approved as corrected. Vote: (7) Ayes
(4) Abstentions - B. Beutel
D. Hodges
D. Lykke
W. Skiba
V. Opening remarks by Chairman Doty:
"As suggested by a publication of the League of Minnesota Cities, the Charter
Commission has invited various city citizen groups to bring their input to
the commission. The commission is not obligated by law to do so. Further,
these citizen groups have no different rights before the commission than
any other citizens of the city. "
•
M.V. Charter Commission Minutes of 10/11/79 - (cont'd.) (2)
.
• V. The chairman then outlined the format for the evenings meeting: The Charter '
Draft of October 6, 1979, would be reviewed first by the commission members.
It would not be read, since the charter has been gone over many many times
and a great deal of input given. If any members have any further suggested
changes on any given chapter or section, it will be considered, after which
time, the attending public's input should be limited to legal matters and/or
technical points.
Neil Loeding expressed the opinion that the commission has attempted to
channel public input away from general philosophy and forms of government
and onto technical and legal problems, because the former questions had been
dealt with in public meetings many months ago, so that we cannot be expected
to start all again at this late date.
VI. Duane McCarty reported on his telephone conversation with Mr. Seegar Swanson
of Ehler and Associates, Financial Consultants, concerning the provisions
of Chapter 8 to ascertain whether or not we would experience any problem
in bonding public improvements. D. McCarty stated from his conversation with
Mr. Swanson, he found no evidence that the provisions of Chapter 8 would make
our public improvement projects unbondable. Also, he found no evidence that
the charter provisions would necessarily have a detrimental effect on our
credit rating. Further, he stated that he also had a conversation with a
. person in the mayor's office of the City of Duluth, and was informed that their
charter provisions, which are similar to our provisions in Chapter 8, were
written with court decisions and constitutional rights in mind, and that they
have had no problem with these provisions.
VII. Neil Loeding reported on his conversation with the League of Minnesota Cities.
Neil said that he was informed by the League that Charter provisions have
the status of general law and, as such, a court could be expected to try to
preserve as much as possible our "legislative intent", either by construing
any troublesome provision so as to preserve it, or by severing away the pro-
vision in question while retaining the rest.
VIII. Motion made by Bill Doty that the Charter Commission pay any legal expense
that may have been incurred due to conversations of D. McCarty with the city
attorney, Dick Meyers, in behalf of the Charter Commission. Seconded by Neil
Loeding. Vote: Unanimous.
M.V. Charter Commission Minutes of 10/11/79 - (cont'd.) (3)
• IX. Based on suggestions by commission members, the following changes were
made in the Charter Draft of October 6, 1979:
Page 14, Sec.. 6.02, Subd. 2, the word "appoint" in first sentence changed
to the word "hire".
Page 25, Sec. 8.04, Subd. 1, in last two sentences of paragraph, the word
"estimated" inserted before the words "unit prices", and the word "estimated"
inserted before the words "total price".
Page 26, 7th line changed to read: "the council, signed by a majority of the
owners proposed to be assessed for the improvement, or, when the improvement
has been petitioned for, "
Page 26, Subd. 2, first sentence to be preceded by phrase: "Regardless of the
provisions in subd. 1,
C. Ziebarth did not concur with the changes made.
X. Motion made by Bill Doty that the commission approve the charter as amended
this evening and submit the signed charter to the clerk-administrator of the
• City of Mounds View. Seconded by Bill Werner. Roll Call vote: Unanimous
vote of all members voting; namely, Bill Doty, Neil Loeding, Ruth White, Milan
Illig, Lowell Nygaard, William Werner, Dick Lykke, Duane McCarty, Walter Skiba,
Carol Ziebarth, Don Hodges. (1) Abstention - Robert Beutel.
XI. Motion made by Bill Doty that absent commission members be permitted to
sign approval of the charter draft, if they so desire. Seconded by Bob
• Beutel. Carried unanimously.
Original signed charter copies to be in the possession of: the chairman,
the vice-chairman, the secretary, the mayor and clerk-administrator.
XII. Motion by D. McCarty that any previous motions or undertakings by this
commission not in harmony with this approved charter draft are hereby
rescinded. Seconded by Dick Lykke. Vote: Ayes - (11)
Nayes -( 1) - C. Ziebarth
XIII. Chairman Doty recessed meeting to enable the secretary to type the suggested
changes in the charter on pages 14, 25 and 26.
C. Ziebarth departed from meeting at 9:15 P.M.
M.V. Charter Commission Minutes of 10/11/79 - (cont'd.) Page (4)
•
XIII. Copies were made of the corrected pages and distributed to all commission
members present. After review, the 5 copies to be retained as originals
were signed by: Duane McCarty, Walter Skiba, Richard Lykke, Donald Hodges,
Milan Illig, William Werner, Lowell Nygaard, Robert Beutel, Neil Loeding,
Ruth White, Willard Doty.
XIV. Motion by B. Doty that all the commission members who missed special
meetings during the months of July and August be excused by the commission
for their absence. Seconded by" L. Nygaard. Carried unanimously. (The
reasons cited for this motion were that these meetings had been very frequent
and often called on short notice.)
XV. Motion made by Bill Werner, seconded by Wally Skiba to adjourn. Following
discussion, Skiba and Werner withdrew their motions.
XVI. Neil Loeding will assume the responsibility of seeing that the other absent
commission members are given an opportunity to approve and sign the charter.
XVII. Duane McCarty will assume the responsibility of delivering the approved and
• signed Charter Draft to the clerk-administrator.
Motion made by Milan Illig to adjourn meeting. Seconded by D. McCarty.
Carried unanimously. Adjourned at 10:30 P.M.
Ruth te, Secretary