HomeMy WebLinkAbout12-06-1994 From:Julio Trude To:City of Mounds Yaw 319199 at 18:19:00
MOUNDS VIEW CHARTER COMMISSION MUTES
SPECIAL MEETING
DECEMBER 6, 1994
I. Call to Order
Vice Chair Sue Hankner called the meeting to order at 7:00 p.m. at Mounds View
City Hall.
II. Roll Call
Present: Lloyd Bardwell, Virgil Beyer, Sue Hankner, Jerry Linke, Dave Long,
Duane McCarty, Richard Oman, Julie Trude, Russell Warren, Bill Werner and Ruth
White.
Absent (excused): Len Burgers, Laurie Schley, Bob Toborg and Arlene Werdien.
Also present: Christopher Dietzen, attorney with Larkin, Hoffman who represents
the Minneapolis Coalition on Term Limits.
III. Discussion of City Resolution 4663 (directing City Clerk to not file the term
limit amendment)
Duane McCarty had distributed a memorandum stating his concerns about the City
Council's adoption of Resolution 4663 with the Notice of Special Meeting. He
introduced Mr. Christopher Dietzen who was in attendance at Commissioner
McCarty's request. Mr. Dietzen was given the floor and explained the status of the
lawsuit he brought against the City of Minneapolis on behalf of his client, the
Minneapolis Coalition for Term Limits. Mr. Dietzen discussed the legal issue of his
case, the constitutionality of term limits. In addition, he provided his interpretation
of Minn. Stat. Sec. 410.11 which governs the filing of adopted charter amendments
after an election. He stated that he reads Minn. Stat. 410.11 as implying that the
city clerk should file the charter amendments immediately after the elections. Vice
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From:Julie Trude To:City of Mounds View 3/9/95 at 18:21:49
the Charter Commission should take action against the City Council to force the
City Council to file the charter amendment immediately. The commissioners were
uncertain about the ability of the Charter Commission to sue, pay legal fees to sue
the City and whether commissioners could in turn be sued as individuals or
commission members.
Motion by Duane McCarty, second by Ruth White: "Duane McCarty is authorized
by the Charter Commission to pursue legal counsel to determine the rights of the
Charter Commission to sue the City Council for failure to file the term limits
amendment adopted by the voters November 8, 1994. Issues for Duane to get
counsel on: (1) Does the Charter Commission have legal authority to sue? and (2)
Does the Charter Commission have standing to sue the City Council?"
The commissioners discussed potential costs and whether the commission could be
reimbursed by the city for this type of legal advice. The merits of the motion were
also discussed until Duane McCarty called the previous question [this ends debate].
Upon a show of hands with 6 ayes and 5 nays, debate ended.
Motion by Russ Warren, seconded by Julie Trude, to amend the motion to include
the language "at no cost or liability on the part of the Charter Commission." Upon a
voice vote the amendment passed.
Duane McCarty stated he would not act as the motion directed with this amendment
and he withdrew his motion. Ruth White, seconder, declined to withdraw the
motion.
Motion by Russ Warren, seconded by Virgil Beyer, to replace the previous
amendment with a substitute amendment "at a cost of not more than $100 to the
Charter Commission."
Jerry Linke challenged the Commission's authority to spend money on the activity
directed in the motion.
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