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HomeMy WebLinkAbout02-22-1994 MOUNDS VIEW CHARTER COMMISSION MINUTES FEBRUARY 22, 1994 I. Call to Order Secretary Julie Trude, as Chair Pro Tem, called the meeting to order at 7:12 p.m. at Mounds View City Hall. II. Roll Call Present: Virgil Beyer, Jerry Linke, Dave Long, Duane McCarty, Richard Oman, Laurie Schley, Bob Toborg, Julie Trude, Russell Warren, Arlene Werdien and Bill Werner. Absent (excused): Lloyd Bardwell, Len Burgers, Sue Hankner and Ruth White. III. Approval of Minutes Upon the motion of Jerry Linke, seconded by Virgil Beyer, the Minutes of the January 25, 1994 meeting were approved as submittted. Vote: 8 ayes, 0 nays, 1 abstention. IV. Amendment of By-Laws to Create Second Vice-Chair Upon the motion of Jerry Linke, seconded by Laurie Schley, the commission voted unanimously to amend the Charter Commission By-Laws as follows: ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, Second Vice-Chair and Secretary. * * * * Section 3A. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during any vacancy of that office until the Commission elects a new Chair. Section 3B. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair during the Vice-Chair's temporary absence and shall perform such duties during any vacancy of that office until the Commission elects a new Vice-Chair. * * * * Section 7. Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be elected from among the members of the Commission at the first meeting after • November 1st in even-numbered years . . . . * * * * 11111 Section 8. Vacancies. A vacancy in the office of Chair, Vice-Chair, Second Vice-Chair or Secretary . . . . V. Election of Second Vice-Chair Chair Pro Tem Julie Trude opened nominations for the newly created position of Second Vice-Chair. Russell Warren nominated Richard Oman, second by Laurie Schley. Richard Oman nominated Duane McCarty. He declined the nomination. Motion by Russell Warren, seconded by Laurie Schley, for a unanimous ballot for the election of Richard Oman as Second Vice-Chair. Vote: Ayes 11, Nays 0. Richard Oman was congratulated by the commission upon his election to the position of Second Vice-Chair. Due to the absence of the Chair and Vice-Chair, Richard Oman immediately assumed the duty of presiding over the meeting. VI. Discussion of Charter Re-Draft 1994-1, (distributed February 22, 1994) Secretary Julie Trude distributed the draft of the Charter which had been re-typed by City staff. (The individually prepared re-drafts of each chapter with the most current changes from recent meetings were submitted to staff to be re-typed into a new working draft for the Commission.) The commission agreed to label this draft as "1994-1." Chair Oman discussed with the commission whether a recess to review the draft would be appropriate while the legal review took place. Following a discussion of the options, a consensus was reached that the commission should first allow for comments on the draft, make decisions on the controversial set aside issues, and then submit the draft to the League of Minnesota Cities and the commission's attorney. At the March 8th meeting members agreed to be prepared to submit proposed changes or corrections noted on the draft. Also, decisions should be made on all the remaining unresolved issues such as term limits, a primary,the mayor's term of office and the burden of proof for petitioners in Section 5.05 (proposed 5.05, subd. 2). VII. Discussion of proposed Recall Section Russell Warren read his re-draft of Section 5.08, Recall. The commission agreed that Recall should remain a provision in the Charter and that the proposed draft needed a few minor revisions and should be discussed further at the next meeting after a new re-draft was available. VIII. AGENDA for March 8, 1994 -2- 1. Members submit proposed changes and errors and discrepancies after their personal review of Charter Draft 1994-1. 2. Discuss and resolve set aside issues: a. Should term limits be included in the Charter? b. Should the mayor's term be changed from 2 years to 4 years? c. Should primary elections be required by the Charter? d. Should the City Council or petitioners have the burden of proof on a petition the City determines is "insufficient"? (Review proposed Section 5.05, subd. 2.) 3. Report from Legal Subcommittee. 4. Review Recall re-draft. IX. Legal Subcommittee Upon the motion of Jerry Linke, seconded by Laurie Schley, the commission voted unanimously to appoint Richard Oman to the Legal Subcommittee to replace former member Ray Vandeveer and to authorize the subcommittee consisting of Virgil Beyer, Richard Oman and Julie Trude,to negotiate a price and hire an attorney to review the draft charter. Motion passed unanimously. Vote: 11 ayes, 0 nays. X. Adjournment Upon the motion of Jerry Linke, seconded by Laurie Schley, the commission voted unanimously to adjourn the meeting at 8:22 p.m. Respectfully submitted, Julie Trude, Secretary 411 -3- CHARi"ER COMMISSION BY-LAWS AMENDMENT #1 FEBRUARY 22, 1994 At a regular meeting of the Charter Commission, held on February 22, 1994, pursuant to written notice, the members voted unanimously to amend the by-laws as follows: ARTICLE H - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, Second Vice-Chair and Secretary. Section 3A. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during any vacancy of that office until the Commission elects a new Chair. Section 3B. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair during the Vice-Chair's temporary absence and shall perform such duties during any vacancy of that office until the Commission elects a new Vice-Chair. * * * * Section 7. Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be • elected from among the members of the Commission at the first meeting after November 1st in even-numbered years, and shall hold office for two years or until their successors are elected and qualified. The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. No officer shall be eligible to hold more than two consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. * * * * Section 8. Vacancies. A vacancy in the office of Chair, Vice-Chair, Second Vice-Chair or Secretary, including a vacancy pursuant to Minnesota Statutes, Section 410.05, as amended, or other provisions of state law or these by-laws, shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office. • Change Article II - OFFICERS Section 1 . Officers to read : 0 The officers of the Commission are the Chair, Vice-Chair and Second Vice-Chair. Change Section 3 Vice-Chair to read Section 3A Vice-Chair The Vice-Chair shall perform the duties of the Chair during the Chair 's temporary absence and shall perform such duties during the vacancy of that office until the Commission elects a new Chair. Section 3B Second Vice-Chair The Second Vice-Chair shall perform the duties of the Vice-Chair during the Vice-Chair's temporary absence and shall perform such duties during the vacancy of that office until the Commission elects a new Vice-Chair. Change Section 7 . Elections and Section 8. Vacancies to reflect that a Second Vice-Chair position exists . 4 . • Section 5 . 08 Recall . The citizens of the City may recall any elected officer of the city by petition . The petition shall state at the head of the page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall in not more than 250 words, and the intention of the sponsoring committee to bring about the officer ' s recall . The petition shallbe filed in the Clerk -Administrator' s officer prior to circulation . If the petition is found sufficient under provisions of Section 5 . 03 of this chapter . the Clerk- Administrator shall transmit it to the Council without delay, and shall alAt officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action . The Council shall at its next meeting , by resolution, provide for the holding of a special recall election within ninety days of such meeting , except if any other election is to occur within ninety days after the meeting, the Council may provide for the holding of the recall vote at that time . The Clerk- Administrator shall include wth the published notice of the election that statement of the gorunds for the recall and, in not more than 500 words , the answer of the officer concerned in justification of his/her course in office. If ft majority of those voting on the recall issue vote ill favor of recall , the officer ' s position shall be vacated. If a vacancy occurs due to recall election , Section 4. 05 herein shall apply to fill the vacancy,e • Ill CHARTER COMMISSION BY-LAWS AMENDMENT #1 FEBRUARY 22, 1994 At a regular meeting of the Charter Commission, held on February 22, 1994, pursuant to written notice, the members voted unanimously to amend the by-laws as follows: ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, Second Vice-Chair and Secretary. Section 3A. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during any vacancy of that office until the Commission elects a new Chair. Section 3B. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair during the Vice-Chair's temporary absence and shall perform such duties during any vacancy of that office until the Commission elects a new Vice-Chair. * * * * Section 7. Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be 410 elected from among the members of the Commission at the first meeting after November 1st in even-numbered years, and shall hold office for two years or until their successors are elected and qualified. The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. No officer shall be eligible to hold more than two consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. * * * * Section 8. Vacancies. A vacancy in the office of Chair, Vice-Chair, Second Vice-Chair or Secretary, including a vacancy pursuant to Minnesota Statutes, Section 410.05, as amended, or other provisions of state law or these by-laws, shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office.