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HomeMy WebLinkAboutJanuary 18, 2001, MinutesCOLUMBIA HEIGHTS CHARTER COMMISSION JANUARY 18, 2001 7 P.M. GAUVITTE ROOM, JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order by President Theresia Synowczynski at 7 p.m. ROLL CALL Members present: Bill Antzaras, Charles Christopherson, Mel Collova, Tammera Ericson, James Fowler, Michael Hartel, Ted Landwehr (7:11 p.m.), Tom Ramsdell, Clara Schmidt, Joe A Sturdevant (7:02 p.m.), Theresia Synowczynski Members absent and excused: None Members absent and unexcused: Janis Larson, Brian Peterson Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary; Councilmember Bruce Nawrocki APPROVAL OF MINUTES Motion by Bill Antzaras, seconded by Tom Ramsdell, to approve the minutes of October 19, 2000, as presented. Motion passed unanimously. CORRESPONDENCE The Recording Secretary stated several pieces of correspondence has been received/sent since our last meeting: · A letter asking not to be reappointed had been received from Joel Cason · A letter asking to be reappointed had been received from Brian Peterson · A letter was sent to Chief Judge Quinn transmitting both of these letters · A letter was sent to Joel Cason, thanking him for his service on the commission · Information was sent to all Charter Commission members asking for their meal selections for next week’s annual dinner · Tonight’s agenda with previous meeting’s minutes sent to all members. NEW BUSINESS Election for offices of President, Vice President, and Secretary took place. Motion by Theresia Synowczynski, seconded by Jim Fowler, to nominate Tami Ericson for President. Other nominations were called for twice. There being none, the question was called. Motion passed unanimously. Motion by Bill Antzaras, seconded by Jim Fowler, to nominate Joe Sturdevant for Vice President. Other nominations were called for twice. There being none, the question was called. Motion passed unanimously. Motion by Mel Collova to nominate Jim Fowler for Secretary. No second was received. Motion by Joe Sturdevant, seconded by Mel Collova, to nominate Clara Schmidt for Secretary. Other nominations were called for twice. There being none, the question was called. Motion passed unanimously. January 18, 2001 Page 1 The officers for 2001 are: President Tami Ericson Vice President Joseph Sturdevant Secretary Clara Schmidt The meeting was then turned over to the new President, Tami Ericson. STATUS OF COMMISSION The Recording Secretary stated that Brian Peterson has asked to be reappointed, and nothing has been heard from the Chief Judge yet on this reappointment. There are still two openings besides that at this time. The President stated there were two applications for membership to the Charter Commission received, one from Bob Buboltz, and one from John Banyard. Their applications were reviewed. Motion by Michael Hartel, seconded by Joe Sturdevant, to advise the Chief Judge there would be no problem appointing both of these individuals. Motion passed unanimously. Theresia Synowczynski stated that there is one citizen that should not be appointed to the Charter Commission, that being Don Jolly. Mr. Jolly has stated publicly in our local newspaper that he wants to be appointed to the commission, but only to abolish it. Discussion then ensured briefly regarding abolishing the charter and how that could be done. The City Attorney stated that there are two ways, one being the City Council could initiate that action and have it put on the ballot for the people to decide. Another way would be if a majority of the Charter Commission members voted to abolish it, then the City Council would have to vote unanimously to abolish it. ANNUAL DINNER MEETING The annual dinner meeting is next Thursday, January 25, 2001, at The Shorewood Inn, with a brief meeting at 6 p.m., and dinner at 6:30 p.m. APPROVAL OF ANNUAL REPORT A draft of the 2000 annual report of the Charter Commission was prepared by the Recording Secretary and provided to all members of the commission for their review/approval. Motion by Tom Ramsdell, seconded by Theresia Synowczynski, to accept the report as prepared. Motion passed unanimously. The Recording Secretary will forward the report to the Chief Judge and the City Clerk. OLD BUSINESS Discussion of Chapter 8, Section 77, Special Assessments The City Attorney explained that regarding this section, we could either keep the current language in the charter or adjust it according to State Statutes 429. We still have to comply with State Statutes. The City Attorney explained the two main differences between State Statutes and the Charter language. The first difference is that State Statutes call for a simply majority vote of the city council to approve the special assessment project. The Charter states that a 4/5 approval vote of the council is needed. The second difference is that State Statutes state that the special assessment levied cannot be more than double the assessed value. The Charter states that the special assessment cannot be more than 50% of the assessed value. The rest of Chapter 429 of State Statues must be followed, per the City Attorney. January 18, 2001 Page 2 Councilmember Bruce Nawrocki arrived at the meeting at 7:27 p.m. Ted Landwehr stated he liked the 4/5 vote required by the charter. Tom Ramsdell thought the simple majority would be all right. President Ericson pointed out a discrepancy in the comparison of statutory vs. charter provisions chart to the City Attorney. The City Attorney stated that it takes a simple majority of the council to accept the bid of the lowest responsible bidder for the special assessment project. After discussion, it was decided that the City Attorney would go through the wording of this section and clean up the procedural language and present language to the commission at their next meeting in April. Discussion on Chapter 9, Sections 87-92, Eminent Domain The City Attorney stated we have to follow State Statutes 117 dealing with Eminent Domain. State Statutes 463 allows for eminent domain for streets, roadways, and along parks. The City Attorney stated that recently this statute was declared unconstitutional. Theresia Synowczynski wondered if we could highlight certain main sections of the statues if we are going to reference specific State Statutes. It was also suggested that perhaps an appendix could be placed at the back of the Charter regarding State Statutes 117, as well as referring to it in this chapter. The pros and cons of doing that were discussed. Ted Landwehr questioned if the charter doesn’t deviate from state statutes that much, why change it? The City Attorney stated that it doesn’t address enough of the specifics. He felt we could take out almost all of Chapter 9, and just insert a brief paragraph with reference to State Statute 117. The City Attorney will have suggested new language on this section for our next meeting. Discussion of Chapter 10, Sections 93-101, Franchises The City Attorney explained that the State Statutes restrict cities from treating franchise applicants in a different manner--must negotiate on same terms. He explained the charter has additional requirements as well, and they are not unconstitutional or interfere with any state or federal laws. For example, with the charter, if there were two franchises competing, and the same terms were negotiated, there is the possibility that citizens could come up with a referendum to stop one or the other (see Section 99). Theresia Synowczynski asked about whether there is a user fee for using the street. The City Attorney stated that we do not need to address this in the charter. The League of Minnesota Cities has generated a model Right of Way ordinance. After discussion, it was decided to have the City Attorney clean up the procedural language in this chapter as well, and bring it to our next meeting in April. Discussion of Chapter 11, Public Ownership and Operation of Utilities The City Attorney will clean up. Discussion of Chapter 12, Section 109, City Property Not Lost by Adverse Possession The City Attorney did not feel it was a problem to leave in. Discussion of Chapter 12, Section 111, Vacation of Streets There was a question raised about the wording “subject to popular referendum” in this section. January 18, 2001 Page 3 Discussion of Chapter 12, Section 112, Damage Suits It was questioned if this is all covered by State Statutes, does it need to be in there? The City Attorney felt several of these were transition issues when Columbia Heights went from a village to a city. A lot of these things do not have to be in there now. Discussion of Chapter 12, Section 114, City to Succeed Rights and Obligations of Village The City Attorney suggested this section be removed. Other New Business Theresia Synowczynski suggested that perhaps the Charter Commission would like to invite the City Manager th to our April 19 meeting. She also brought up that in the past, a yearly joint meeting with the City Council has been held. Tami Ericson will contact the City Council and the City Manager regarding both items. The President noted on John Banyard’s application that he had checked three other boards/commissions he was interested in serving on. The Recording Secretary was asked to contact him and verify that he was interested in serving on the Charter Commission before sending his application on to the Chief Judge. NEXT MEETING DATE Our next regular meeting date is April 19, 2001, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Clara Schmidt, seconded by Mel Collova, to adjourn the meeting at 8:17 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary January 18, 2001 Page 4