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1995-12-12 Minutes.~ CITY OF RJC~EiELD C~IA.ItTER COMly[iSSICIN ME:ET'ING MiNYTTES DECEMBER 12, 199 Present: Richard Starieaf, Gordon Herrboldt, Russell Kennedy, Bob Doebler, Joe Nowak, Inger Palm, Got'dan Anderson, Shirley Johnson, Annette Margarit, Tom Tjornham. Absent: Nancy Lindberg, Jane Hagen Hendrickson, Winthrop Lacher. Excused: Dorothy Holstrorri, Thomas Ticen. President Starleaf called the meeting to order at 7:32 p.m. There was a motion to approve the minutes of the October 19, ] 995 meeting. Daebler suggested the minutes be sued by the secretary. The minutes wcxc appr, ovcd as amended with the secretary's signature. There was a discussion of the proposed revision to Section 5.05 of the Richfield City Charter as described in the ordinance provided to the Charter Canunission by City . Manager grasser. Various Corninission members described tie purpose of ttie bidding process referencing Minn. Stat. Sec. 471.345 which was uicluded ui the Corruc>ission packet. Johnson clarified the ordinance presented by Ivlanager Prosser would tie the letting of contracts to the State Statute rather than setting a maxunum amount which is ttie current language of .Section 6, 05 of the City Charter. Johnson waved to recommend Section G.OS as amended and as contained at page 8-4 of the Charter Commission gacketi far adoption by the City Council. The motion was seconded by Herrboldt and unanimously approved. Secretary Margarit will propose a letter fur President Starleaf to sign indicating the Charter Cornrnission has approved the amended Section 6.05. The subcommittee an Council vacancies made a report concerning its review of Sectiun 2.t)5 of the City Charter and handed out proposed changes to Section 2.05. The committee's proposed changes are attached hereto as Exhibit A. Andersen indicated that he had compared this proposal with ether cities, none of which seemed to have provisions for extended absences. He stated tine proposal- as written required a Council member to attend half of the regular meetings during any given six- rnonth period. It was noted that this change in the City Charter would require a public hearing in front of the Council. President. Starleaf compared tine proposed revised Section 2.p5 (2)(vii) to that section f~~otti the Charter and 'indicated that two plusses lead been lefi ou.t namely, "without goad w e cause" just prior to the phrase "to perform any of the duties***" and "on the Council t4 exist." at the very end of the section. The Commission discussed the advisability of retaining "without good cause". It was noted that."without good cause" was ambivalent and difficult to deteiznine,~re same section requires a Council member to determine whether a Council member has failed to perform. hisltrer duties. It was c{uestioned whether the six-month period indicated any particular six months. Anderson indicated it was any six months in a row. 1~ urther discussion occurxed including increasing the ntunber of meetings to seven, application of the section to special meetings or woxk sessions, whether to require the absence to be willful ar far good cause and removing Council discretion in penalizing excessive absences_ i~nderson moved to accept the proposal with the changes from the current versicn properly red-lined. Novak seconded the motion. The motion passed unanitnausly. I"he proposal for the change in Section 2.fl5 is as follows; Section 2.05 Vacancies Subdir~isian Existence (1 } A vacancy shall exist as of the date of death or resignation of a Council member; or failure ~f a Council Member to attend 6 regular council meetings during a month ep riod. {~} (vii) by reason of the failure of the Comicil Member ~r~gese to perform a~y-ef the duties of a Council Member for a period of 90 clays, as determined ~ the council, the council shall, by resolution at a the next regular or special Council meeting declare a vacancy e$ sell to ~. There was a motion to adjourn and seconded. The meeting adjourned at 8:30 p.rn. R especttully submitted. Annette Margarit, Secretary •