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HomeMy WebLinkAbout1978/07/25 - ADMIN - Minutes - City Council - Regular MINUTES SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA July 25 , 1978 4 1 . Call to Order A special meeting of the City Council was called to order by Mayor Stern at 7 : 45 p . m . 2 . Roll Call The following Councilmen were present at roll call : Keith Meland Jerrold Martin Martha Elstrom Lyle Hanks Irving Stern Also present were the City Manager and City Attorney . 3 . Beltline Boulevard Resolution requesting cooperative Resolution No . 6072 agreement with the City of Minneapolis for development and extension of Beltline Boulevard from W . 36 Street to W . 32 Street in Minneapolis . It was moved by Councilman Hanks , seconded by Councilman Meland , to waive reading and adopt Resolution No . 6072 , titled "Resolution i Requesting Cooperative Agreement with the City of Minneapolis . " ,i The motion passed 5 - 0 . 4 . Council Vacancy Discussion of proposed resolution declaring vacancy on City Council . Mayor Stern presented a draft resolution declaring the Council seat previously held by Rose -Mary Griak Utne vacant effective July 7 , 1978 . He explained that under provisions of Section 2 . 05 of the City Charter , declaration of July 7 as the date of vacancy would enable eoanaeelection of a Council replacement rather than appointment . He Council to approve the resolution . It was moved by Councilman Martin , seconded edcby ycCouncilman lean Hanks , toyor o approve the resolution declaring Council Y as Stern . Councilman Martin explained his understanding thatathe Mact of le ving ng the City by a Councilman constituted the vacancy , r left the City without intent of returning . 1 the Councilman Hanks stated that he does not agree with article Citythe after i,. Griak Utne did not resideleftt - resolution , stating that Mrs . that she merely July 6 . He explained it was his understanding adding that she served as the City on a trip for a specific time period , ,: a Councilmember on July 17 for the entire meeting and submitted her resignation at the end of that meeting . , kk - 277 - k� ` � .... .. . . • F City Council minutes , July 25 , 1978 r . Mayor Stern explained that the City Council could adopt this resolution thereby allow the residents of the fourth ward to elect a representative and eh than an appointment . He further explained that the City rather requiring • had relayed information • to him which was receive in a conversation Attorney and Mrs .. Griak Utne , which would indicate that she between the Attorney 6 , 1978 , and could therefore not have served as left the City of July Councilman after that date . Councilman Martin stated that reaching agreement on an appointment to the City Council would be difficult , and that wnaddenoladditionalon in ecost . with the regular state election this fall would Following further discussion , it was moved by Councilman Hanks , to defer this matter to the next Council meeting . There was no second to the motion . Councilman Meland explained that the righttos d° scretionaryfrom acte andCity heCouncil was exercised by Rose -Mary Griak Utne referred to her letter dated July 17 , 1978 in which she stated she would be moving in the near future ; he added he has no reason to doubt that she was a resident on July 17 and her vacancy must be subsequent to that date . Councilman Meland added that the City Council should accept Mrs . Griak Utne ' s resignation effective July 17 , 1978 , and would support a resolution doing so . Mayor Stern suggested that the City Council recess its meeting in order to contact the City Attorney for his exact statement of earlier this date regarding the residency of Mrs . Griak Utne . It was moved by Councilman Hanks , seconded by Councilman Meland , to defer this matter until August 7 , 1978 . The motion failed 3 - 2 ( Councilman Martin and Stern opposed ) . Upon a roll call vote , the original motion to adopt the resolution failed 2 - 3 ( Councilmen Meland , Elstrom and Hanks opposed ) . Mayor Stern suggested that a special meeting be scheduled for August 14 , 1978 , and that a City Attorney ' s opinion be prepared regarding this matter . Following considerable discussion , it was moved by Councilman Martin , seconded by Councilman Hanks , to request a City Attorney ' s opinion regarding the establishment of a Council vacancy as result of the removal of a Councilman from his / her ward for consideration on August 14 , 1978 . Mayor Stern directed that the opinion prepared by the City Attorney attest to his conversation with Rose-Mary Griak Utne and address all legal 4 ramifications of the vacancy . Councilman Meland stated that he is opposed to the motion as the original I request for opinion was to address the issue of whether a Council vacancy exists , and Mayor Stern ' s direction placed an unfair burden on the City Attorney . I — — -_ - --- M City Council minutes , July 25 , 1978 Mayor Stern referred to City Attorney ' s Opinion No . 297 regarding Council vacancies and suggested that his request for documentation of the Attorney ' s conversation with Mrs . Griak Utne could be addressed in a separate memorandum . The motion passed 4 - 1 ( Councilman Meland opposed ) . The City Manager explained that inasmuch as a resignation has been submitted , he is compelled to place this matter on the next regular agenda of August 7 , 1978 , unless the City Council specifically directs this matter to be deferred until August 14 . Following brief discussion , it was moved by Councilman Hanks , seconded by Councilman Meland , to place this matter on the agenda of August 7 , 1978 . The motion passed 4 - 1 (Mayor Stern opposed ) . 5 . Adjournment There being no further discussion , the meeting was adjourned at 8 : 45 p . m . Irv ' g Stern Mayo 1 At I � , _ _ Mark : lIPP-r Recordi g Secretary r .,. 1 a . J . r , ♦ ., , r a.. - 279 - _, .