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HomeMy WebLinkAbout03-08-1994 MOUNDS VIEW CHARTER COMMISSION MINUTES MARCH 8, 1994 I. Call to Order Chair Len Burgers called the meeting to order at 7:08 p.m. in the Mounds View City Hall. II. Roll Call Present: Virgil Beyer, Len Burgers, Jerry Linke, Dave Long, Duane McCarty, Richard Oman, Laurie Schley, Bob Toborg, Julie Trude, Russell Warren, Arlene Werdien, Bill Werner and Ruth White. Absent (excused): Lloyd Bardwell and Sue Hankner. III. Approval of Minutes Upon the motion of Laurie Schley, seconded by Jerry Linke, the Minutes of the February 22nd meeting were approved as submitted. Vote: Ayes-11,Nays-0, Abstentions-3. IV. Review of Charter Draft "94-1" The commission reviewed the entire document, page by page, to note discrepencies in typing, spelling, phrasing and other minor errors or problems. The noted changes will be incorporated into the next re-typed draft. The Chair offered to submit the document to an English teacher for review for grammar and phrasing suggestions. The offered changes will then be re-submitted to the entire commission. During the discussion of the "minor errors" several commissioners brought up other items that may require additional review. In Section 7.06 the commissioners discussed the addition of language which would clearly require all revenues from all sources be included in the budget resolution. Laurie Schley, as author of Chapter 7, offered to review Chapter 7 to make sure the commission's intentions are accurately represented in the proposed language changes. In Section 7.10, subd. 1, the commissioners want to have the League of Cities explain when an election is required before the city may issue obligations. The language is directly from the Model Charter and is not clear. • -1- In Section 11.04 the commissioners noted that a legal question is posed whether a vote is required • before the sale of a municipal utility. If an election is not required by state law to approve the sale of an utility, the commission will further discuss the use of this requirement. The oath of office stated in 12.02 (to be renumbered to 12.03) needs to be compared for consistency with that actually in current use by the city. V. Set Aside Issues The following issues were set aside by the commission during the previous year's discussions of the Charter because no consensus could be reached on their inclusion in the Charter. These issues had been discussed and debated and therefore the commission decided only very limited discussion was appropriate at this time before a vote of the commissioners would be called. A. Term Limits Motion by Russ Warren, seconded by Dave Long, to vote as a commission on whether the commission should further consider the inclusion of term limits in the Charter. A brief review of the potential conflict with the Minnesota Constitution was presented from an attorney's letter previously circulated to the commission. It was noted that the State Constitution might be amended in this regard because of the popularity of the issue. A roll call vote was requested and the following votes were cast: Virgil Beyer-yes; Len Burgers-yes; Jerry Linke-no;Dave Long-yes; Duane McCarty-yes; Richard Oman-yes; Laurie Schley-no; Bob Toborg-no; Julie Trude-no; Russ Warren-yes; Arlene Werdien-yes; Bill Werner-no; Ruth White-yes. The motion passed with 8 ayes and 5 nays. B. Mayor's Term Duane McCarty moved, Virgil Beyer seconded, to maintain the current two-year mayor's term in the Charter. Votes: Yes-9;No-4. Motion passes. C. Primary Elections Duane McCarty moved, Laurie Schley seconded, to add primary elections to the Charter. Votes: Yes-8; No-5. Motion passes. D. Burden of Proof on petitioners or city Duane McCarty moved, Laurie Schley seconded, to include the proposed Section 5.04, subd. 2 language in the Charter. A roll call vote was requested and the following votes were cast: Virgil Beyer-yes; Len Burgers- no; Jerry Linke-no; Dave Long-yes; Duane McCarty-yes; Richard • Oman-yes; Laurie Schley-absent for vote; Bob Toborg-no; Julie Trude-yes; Russ Warren-yes; -2- Arlene Werdien-yes; Bill Werner-yes; Ruth White-yes. . Motion passes with ft yes votes and 3 no votes (1 member left the meeting before this vote). VI. Agenda for Next Meeting/March 22, 1994 AGENDA- March 22, 1994., 7 p.m.: 1. Review language proposals for term limits, primaries and Sec. 5.04, subd. 2. 2. Discuss Sec. 8.05, (keep 100% figure in subd. 2 or revise). 3. Re-draft of Recall (distributed w/Minutes from last meeting). 4. Review reworked language from Chapter 7 (Laurie will submit). 5. Review other substantive issues noted from reviews of Draft 94-1. VII. Adjournment Upon the motion of Duane McCarty, seconded by Dave Long, the commission voted unanimously to adjourn the meeting at 9:55 p.m. Respectfully submitted, Julie Trude, Secretary • -3- RECALL Section 5.08 Recall. The citizens of the City may recall any elected officer of the City by petition. The petition must conform to the petition requirements set forth in Section 5.02. In addition, the petition must 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 (which shall be malfeasance, misfeasance or nonfeasance in office), and the intention of the sponsoring committee to bring about the officer's recall. The petition shall be filed in the Clerk-Administrator's office 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 also 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 with the published notice of the election the statement of the grounds 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 a majority of those voting on the recall issue vote in 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. 2 is new. --we need to limit recall, see parentheses; did we agree to use malfeasance only?? BURDEN OF PROOF ON PETITIONERS USING INITIATIVE 5.05, subd. 2 If the City Council determines on its own motion that a sufficient and regular petition is determined to be illegal under case law, legal precedence, or constitutional nonconformity, thereby refusing to submit an initiative to the voters as provided in this Charter, a court order or injunction permitting the City Council authority to refuse such election must be produced by the Council within 15 days of the date of determination of sufficiency. If the Council has not acted according to this subdivision within the above 15 day period, the sponsoring committee may appeal to the Charter Commission and the Charter Commission may provide for said election to be paid by the City. The Clerk-Administrator shall provide for said election upon the order of a majority vote of the Charter Commission. CHARTER COMMISSION MEETING MARCH 8, 1994 7 P.M. AGENDA 1 . Members submit proposed changes and errors and discrepancies after their review of Charter Draft 1994-1 . • 2. Discuss and resolve set aside Issues.. a. Should term limits be included in Charter? b. Should the mayor's term by changed from two years to four years? c. Should primary elections be required? d. Should we include Sec. 5.05, subd. 2, (i`r►cfudecQ /?Q ck i) which puts the burden of proof on the city when the city decides not to hold an election on a petition? 3. Report from Legal Subcommittee. 4. Review re-draft of Recall. Ola ) YOUR ATTENDANCE IS CRITICAL! S