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HomeMy WebLinkAboutJanuary 21, 1999 CharterCOLUMBIA HEIGHTS CHARTER COMMISSION .JANUARY 21, 1999 ? P.M. J P MURZYN HALL CALL TO ORDER The meeting was called to order by President Theresia Synowczynski at 7:03 p.m. ROLL CALL Members present: Bill Antzaras, Charles Christopherson, Tammy Erickson, Janis Larson, Bruce Magnuson, John Murzyn, Brian Peterson, Theresia Synowczynski, Julienne Wyckoff Members absent and excused: Carol Crema-Klein, Ted Landwehr Members absent and unexcused: Joel Cason Also present: Jim Hoefi, City Attorney; Carole Blowers, Recording Secretary APPROVAL OF MINUTES Motion by Janis Larson, seconded by John Murzyn, to approve the minutes of the October 15, 1998, meeting, and the January 15, 1999, special meeting as submitted. Motion passed unanimously. CORRESPONDENCE The Recording Secretary stated there had been numerous pieces of correspondence sent and received since the October meeting: · Members received a couple of memos from President Synowczynski regarding the annual dinner which was held on January 15, 1999. · Theresia Synowczynski also sought reappointment to the commission for another four years, and the Judge has reappointed her with a term to end January of 2003. · A memo was received from Walt Fehst, City Manager, regarding Ordinance No. 1379 (regarding meeting notices) and a joint meeting with the City Council. · President Synowczynski passed out numerous items to commission members tonight that were not in the agenda packet. NEW BUSINESS Election of Officers President Synowczynski asked for nominations for President. Julienne Wyckoff'nominated Theresia Synowczynski, John Murzyn seconded. No further nominations for President were received. Theresia Synowczynski was elected President for 1999. President Synowczynski asked for nominations for Vice President. Theresia Synowczynski nominated Brian Peterson. John Murzyn seconded. No further nominations for Vice President were received. Brian Peterson was elected Vice President for 1999. President Synowczynski asked for nominations for Secretary. Theresia Synowczynski nominated Joel Cason. Bruce Magnuson seconded. No further nominations for Secretary were received. Joel Cason was elected Secretary for 1999. Review of 1998 Annual Report Motion by John Murzyn, seconded by Bill Antzaras to approve the annual report as prepared and presented by the Recording Secretary. Motion passed unanimously. The annual report will be sent to the Chief Judge and City Clerk. Special Assessment Options Language in the current charter states that repayment of special assessments can go up to 10 years. In 1982, the council approved 15 years for repayment of special assessments for a particular project. State statutes state that assessments cannot go over 30 years. This issue was brought to the attention of the Charter Commission by Jane Gleason, Assessment Clerk. Discussion ensued. Motion by President Synowczynski, seconded by Charles Christopherson, to change the language in Sections 77 and 83 to read not to exceed 30 years rather than 10 years. Other Business--Communicating Charter Commission Vacancies President Synowczynski stated that at the special meeting on January 15, 1999, members discussed ways to communicate our commission vacancies. One idea was to put a notice on the cable and a posting at the library. Two notice samples were provided by the President for review and approval of the commissioners. After brief discussion, it was the consensus of members to use the notice that has the mission as a commissioner on it. President Synowczynski will contact Jean Kuehn at City Hall regarding getting this notice on cable, and will work with Becky Loader, Library Director, in having it posted at the library. OLD BUSINESS Status of Ordinance No. 1379, Chapter 3, Section 16, Notice of Meetings This item had a first reading at the council level on November 23, 1998. On December 14, 1998, a second reading was scheduled but not held. There was concern by the council that since state statutes (MSS 471.705) do not require formal notice of any time for an emergency meeting, why did the Charter Commission want to require twelve hours advance notice for same. (Note: MSS 412 is for statuatory cities only.) The Council would attempt to make a good faith effort to provide notice of an emergency meeting. The City Attorney stated there is no set definition of an emergency meeting. Emergency meetings are held at the discretion of who calls the meeting. Charter members were directed to page four of the October 15, 1998, minutes for the wording which was sent to the City Council. 2 1-21-99 After further discussion, motion was made by Julienne Wyckoff, seconded by Bruce Magnuson, and passed unanimously to approve on first reading the following language for Chapter 3, Section 16, Council Meetings: At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours' three (3) days' notice to each member of the council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Second Reading of Chapter 2, Section 10, Regarding Absence of the Mayor Motion by Janis Larson, seconded by Bruce Magnuson, and approved unanimously to approve on second reading the following proposed language for Chapter 2, Section 10, The Mayor: CHAPTER 2, SECTION 10. TI-lIS MAYOR. The mayor shall be the presiding officer of ib[ ~, ........ :a ..... ,__. t_ _~ ......... ~_ _~__. ..... :a ....:__ ,,,-y-, ~ ,~,~,,~,. · ,,, ,,,,y~, and shall exercise ~ powers and peffom all duties co~e~ed and imposed upon the mayor by t~s cha~er, the ordinances of the ci~, ~d the laws of the state. ~ president pro tempore shall be chosen who shall se~e as president ~ the mayor's absence, and who shall, in the mayor's absence, exercise ~1 powers ~d peffo~ all duties co~e~ed ~d ~posed upon the mayor by t~s cha~er, the ordinances of the city and the laws of the state. Tn the absence of both the mayor and the president pro tempore, the council member Mth the most seffiofity (as dete~ned by consecutive u~te~pted gears of se~ce to date) shall exercise and peffom said powers and duties. The mayor shall have the appo~tment, control, and direction of all police officers of the city, ~d shall be recog~ed as the official head of the ci~ for all ceremo~al pu~oses, by the coups for the pu~ose of se~ng civ~ processes, and by the governor for the pu~oses of the ~ita~ law. ~ the event ora vacancy ~ the office of mayor, whether by death, resi~ation, or any other cause, the counc~ shaU order a special election to flu the vacancy for the unexpired tern except in the case o~ a recaU, the vac~cy sh~l be filled ~ the m~er provided by t~s cha~er. 1-21-99 Amendment will be sent to the City Council for their consideration and approval. Second Reading of Chapter 2, Section 13, Regarding Mayor/Council Salaries Motion by Brian Peterson, seconded by Janis Larson, and approved unanimously to approve on second reading the following proposed language for Chapter 2, Section 13, Council Salaries: council members shall ---'- receive a salai-y ,,, ..,,,**. ,_,,~,,~,~ ~,.o.,,,,~ per ...... ' *avii iii ,~,,,,~,, ~ ,.~ ~,,~.. by ordinance ~ their om salves in such amount as they deem reasonable. No change in sala~ shall take effect until ~er the ne~ succeeding mufficipal election. Amendment will be sent to the City Council for their consideration and approval. Discussion on City Council Members Serving as Voting Members on Boards/Commissions The City Attorney stated that the city code establishes the make-up of the various city boards/commissions. Section 4, SubSection 3.104(2)(a) states that Council members shall be entitled to vote, except where otherwise provided. If the Charter Commission wanted councilmembers not to have a vote on commissions, this would have to be done by an ordinance amendment. Or, an ordinance could be prepared for each commission to change each city council member to be a non-voting member. If there is an even number of commissions on a board/commission, it could cause a deadlock situation. As far as being a liaison, Mayor Peterson has stated that council members could choose which commission(s) they wish to be a liaison to, with seniority taking precedence. Julienne Wyckoff stated that voting should only be left to citizens on the various boards/ commissions. If councilmembers have seats on boards/commissions, they should give up their seat to a citizen. The City Code can be changed by ordinance. The Charter Commission would have to make recommendations to the council to do this. If the council does not want to change the code--we have to change the charter. Since it would probably not be passed unanimously by the council, then this would mean putting it on the ballot for a special election. The main issue is do we want the council members to be liaisons or voting members. Brian Peterson again stated that there should be only one council member per board/commission, and it did not matter to him whether they could vote or not. 1-21-99 Motion by Brian Peterson, seconded by Janis Larson, to change the charter to reflect that there be only one council representative on any given commission, and they would have voting interest, and no more than one councilperson per commission should have voting interest, but they could be a liaison. Voting yes-2; voting no-7; motion fails. Charles Chfistopherson stated that we should find out what other cities have in their charters about this issue, i.e., Brooklyn Center, Fridley, St. Louis Park, St. Anthony. Julienne Wyckoff has some information from the survey she did last fall about this topic. It was decided a sub-committee should be formed, with Charles Christopherson, Janis Larson, and Julienne Wyckoffvolunteering to be on this sub-committee. Motion by Brian Peterson, seconded by Theresia Synowczynski to table this item until we receive a report from the sub-committee. Motion passed unanimously. Setting Date for Joint City Council/Charter Commission Meeting There will be a work session on February 1 st, and regular council meetings on February 8th and 22nd. After discussion, it was the consensus that President Synowczynski will contact Walt Fehst, City Manager, to see if the joint Charter Commission/City Council meeting could be held on February 8, 1999, after the regular council meeting. Ultimately, it was decided to hold this joint meeting in March. Other Old Business--State Statute Recall Provisions Jim Hoeft stated there were no changes in recall provisions that apply to municipalities. Declaration of City Council Vacancy Copies of the applicable section of the city charter (Chapter 2, Section 9), applications for applying for the vacant council seat, and instructions/time lines were dispersed to Charter Commission members tonight. Excerpts from the January 11, 1999, council meeting (when the vacancy was officially declared) were also passed out to Charter Commission members. NEXT MEETING DATE The next regular meeting date for the full Charter Commission will be April 15, 1999, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Brian Peterson, seconded by Bill Antzaras, to adjourn the meeting at 9:22 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers, Recording Secretary 5 1-21-99 ORDINANCE NO. 1358 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 13 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO MAYOR/COUNCIL SALARIES The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 13, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The mayor shall receive a salary of Twenty-five Dollars ($25.00) per month, and the council members shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The city manager and all subordinate officers and employees of the city shall receive such salaries or wages as may be fixed by resolution of the council. IS HEREWITH AMENDED TO READ AS FOLLOWS: The mayor and council members shall by ordinance fix their own salaries in such amount as they deem reasonable. No change in salary shall take effect until alter the next succeeding municipal election. Section 2: This Ordinance shall be in full force and effect fi.om and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Gary L. Peterson, Mayor CITY COUNCIL LETTER Meeting of: February]7, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL/ , PERTAINING TO COUNCIL DATE: 1-21-99 DATE SALARIES NO: When the Charter Commission reviewed the entire charter in the last several months, it was learned that this section of the charter was not in accordance with state statutes. The salary amounts stated for the mayor and council members were quite outdated. Therefore, the commission wanted to update this section of the charter accordingly. RECOMMENDED MOTION: public. RECOMMENDED MOTION: 1999, at approximately 7 p.m. Move to waive the reading of the ordinance, there being ample copies available to the Move to schedule the second reading of the ordinance for Monday, ~la rch $ COUNCIL ACTION: ORDINANCE NO. 1389 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE MAYOR The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 10, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. The mayor shall have the appointment, control and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event of a vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case of a recall, the vacancy shall be filled in the manner provided by this charter. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 2, SECTION 10. THE MAYOR. The mayor shall be the presiding officer of the council, and shall exercise ail powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. A president pro tempore shall be chosen who shall serve as president in the mayor's absence, and who shall, in the mayor's absence, exercise ail powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city and the laws of the state. In the absence of both the mayor and the president pro tempore, the council member with the most seniority (as determined by consecutive uninterrupted years of service to date) shall exercise and perform said powers and duties. The mayor shall have the appointment, control, and direction of all police officers of the city, and shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purposes of the military law. In the event of a vacancy in the office of mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except in the case ora recall, the vacancy shall be filled in the manner provided by this charter. Section 2: This Ordinance shall be in full force and effect from and aRer ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Jo-Anne Student, Council Secretary Gary L. Peterson, Mayor CITY COUNCIL L2TT~R Meeting of: February 17, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER ' S NO: CITY MANAGER'S APPROVAL/~/,__/~ji/ ITEM: FIRST READING OF ORDINANCE NO. , BY: CHARTER COMMISSION DB~ PERTAINING TO ABSENCE OF THE MAYOR DATE: 1-21-99 E:' - NO: The Charter Commission has been reviewing this section of the charter for some time now. What the commission wished to accomplish is clarify further the role of the President Pro Tempore of the Council in the absence of the Mayor. The commission also wished further wording be placed in the charter to direct who would perform the duties of the mayor in the absence of the Mayor and the President Pro Tempore. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of the ordinance for Monday, March 8, 1999, at approximately 7 p.m. COUNCIL ACTION: