HomeMy WebLinkAbout1978/07/25 - ADMIN - Minutes - City Council - Regular MINUTES
SPECIAL CITY COUNCIL MEETING
ST . LOUIS PARK , MINNESOTA
July 25 , 1978
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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 . ,
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F City Council minutes , July 25 , 1978
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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 .
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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
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Mark : lIPP-r
Recordi g Secretary
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