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HomeMy WebLinkAboutMar 23, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING oNARCH 23, The Special Meeting of the tity Council was called to order by Mayor Nawrocki at 8:00 pm. Purpose of the Meeting The City Manager explained that the purpose of this special meeting Is to review, discuss and act upon various revisions to the City Charter. It was also noted that it would take five votes to pass a change to the City Charter. The Clty Councll had received the changes recommended by the Charter Commission in January. Each recommended change and each section considered for change was reviewed individually by the Council. Chapter 3, Section 19~ Procedure on Ordinances Charter Commission recommendation: To delete from the end of the section the words, J'or resolutions." Motion by Norberg, second by Hentges to accept the recommendation of the Charter Commis- sion regarding Section 19. Roll call: All ayes Chapter 3~ Section 20~ Emergency Ordinances Charter Commission recommendation: To delete from this section the words, "or resolutions" in four placee. Motion by Petkoff, ~econd by Hovland to accept the recommendation of the Charter Commis- sion regarding Section 20. Roll call: AI! ayes Section 23, When Ordinances and Resolutlon Take Effect Charter Commission recommendation: Deletion o'f the first three sentences of the section and leave the remaining two sentences at the end of the section. Motion by Hentges to accept the recommendation of the Charter Commission regarding Section 23. Motion dies for lack of a second. The Mayor observed that two subjects are addressed in this sectlon; removal of delay when a resolution takes effect and change in effective time for ordinances. He felt this sect- fun should be split for voting and discussion purposes.'Councilman Norberg stated that some special matters need more time for the City Council and the voters to contemplate. Motion by Nawrocki, second by Petkoff to concur with the recommendation of the Charter Commission to remove the thirty day walting period in the time that It takes for certain resolutions to take effect. Roll call: Hovland, Petkoff, Hentges, Nawrockl--aye Norberg-- nay Motion fails. Motion by Norberg, second by Hentges to. accept the recommendation of the Charter Commis- sion that every ordinance will take effect thirty days after publication. Me1Aanerud advised that the publication need can be met by posting an ordinance In designated public places in the City. Mayor Nawrocki noted that in hls experience the thlrty days after passage clause has never caused a problem. He cited examples of the parking ordinance and the moving of the building to Peters Place. He felt that to depend upon a publication you must depend on someone else to take the action and thereby makes less definite the time that an ordinance actually takes effect. Councilman Norberg felt publication represented a princlpal, that Is giving people an extra or legitimate notice and was an acceptable policy for the present as well as the future. Roll call: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki--nay Motion fails ~pter 5~ Section 36 Expenditures for Petitioners Charter Commission recommendation: Change dollar amount of allowable expenditures from ten to one-hundred dollars. Notion by Petkoff, second by Hentges to accept the recommendation of the Charter Commis- sion that the total expenditures of petitioners shall not exceed one-hundred dollars. Roll call: All ayes Special Council Meeting March 23, 1983 page 2 Chapter 5~ Section 44 The Referendum harter Commission recommendation: To delete from the section the words, "or resolutlon" rom the first sentence. Motion by Nawrocki, second by Petkoff to accept the recommendation of the Charter Commis- sion the words, "or resolution" from the first sentence of the section. Councilman Norberg had concern with this deletion since he felt a bond may be required to be posted in the right of initiative and could be a financial hardship. Me1Aanderud stated that a bond had not been required in the past. Roli call: Movland, Petkoff, Mentges, Nawrocki--aye Norberg--nay Motion fails. Chapter 6~ Section 56 Purchases and Contracts Charter Commission recommendation: That the maximum amount of money that the City Manager may expend in purchases or contracts let on behalf of the City be changed from $500 to $1,ooo. Motion by Hentges, second by Petkoff to accept the recommendation of the Charter Commis- sion that the total dollars that the City Manager can expend on behalf of purchases or contracts let for the City without Council approval not exceed $1,000. Roll call: All ayes Chapter 6, Section 57 Contracts~ How Let Charter Commission recommendations: Deletion of the first five sentences of this section and the retention of the remainder of the section as it is stated, Each part of the re- mainder of the section was discussed in detail. The insertion of the work ~'responsible" was desired by the Council in the second sentence of the remaining section. The sentence would then read as follows: "Contracts of this magnitude shall be let only by the City Council upon recommendation of the City Manager, and shall go to the lowest, responsible bidder." The City Attorney advised that the section as recommended by the Charter Commis- Ion would be in conflict with the state legislation. )tion by Nawrockl, second by Hovland that the Council not concur with language changes as recommended by the Charter Commission in Section 57 but substitute language should read, "Contracts shall be let in conformance with applicable state law.' Councilman Nor- berg expressed concern that if the state law be overturned or repealed the City should have a fall-back position. Mayor Nawrocki felt It was unlikely that the legislature would take out all the present language regarding contracts and how they were let. The City Attorney suggested that that if there were a repeal there would still be a common body of municipal law to fall back on. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Motion fails. Chapter 7~ Section 60 Assessment for Taxation Charter Commission recommendation: To change the heading of this section from Assessment for Taxation to Taxation and to delete all of the section except that part which reads, "Except as provided, the general laws of the state relating to taxation shall apply in this city.~' Motion by Hentges, second by Petkoff to accept the recommendations of the Charter Commis- ion that the heading of Section 60 be changed and all of the language be deleted except the last sentence. Motion to amend by Norberg to add the words, ~'in this charter" after the words, ~'Except as provided" as a point of referral. Motion to amend dies for lack of a second. Roll call on main motion: Movland, Hentges, Nawrockl--aye Petkoff, Norberg-~nay Motion fails. Chapter 7, Section 61 Board of Equalization Charter Commission recommendation: Oeletlon of a specific meeting day In June would be ~placed by "at a time set by the Council~' and minor language changes. lion by Petkoff, second by Hovland to accept the recon~endations of the Charter Commis- sion regarding Section 61. Roll call: Aii ayes Special Council Meeting March 23, 1983 page 3 hha te~Sectlon 62 Pr_~.paration of the Annual B~ after Cotillon recommendation: Deletion of the word "Annual" in the section heading and deletion of sentences two through seven in the body of the section. Motion by Mentges, second by Petkoff to accept the recon~nendatlons of the Charter Commis- sion to the heading and language changes in Section 62. Coun~ilman Norberg felt too much discretion would be allowed to the Council and to the City Manager with the suggested changes. Ro]l call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Motion fails. Chapter 7~ Section 63 Passage of the Budget Charter Commission recommendation: Delete present language In the Charter and accept lang- age as presented by the Charter Commission. Motion by Hentges to accept the recommendation of the Charter Commission regarding Section 63. Motion dies for lack of a second. There was some concern on the Council with language in the last line of the substitute language, specifically with the work" earlier "which members of the Council felt should be" other ." Motion by Norberg, second by Hovland to return the recommended language of the Charter Commission for Section 63 for an indication of its acceptance for the Council's suggestion. Roll call: All ayes Chapter 7~ Section 64 Enforcement of the Budget Charter Commission recommendation: Deletion of the present language and substitute lang- uage as suggested by the Charter Commission. Motion by Norberg, second by Hovland to accept the recommendation of the Charter Commis- sion regarding Section 64. Roll call: All ayes h~era_tions~n t~e Bud et .narter Commission recommentation: Substitute the word "Modifications'' for the word "Alt- erations'' in the heading of the section and various deletions and additions In the body of the section. Motion by Mentges, second by Petkoff to accept the recommendations of the Charter Commls- sion regarding Section 65. Mayor Nawrocki expressed concern about the need for a four- fifths vote needed to transfer [unds and a question concernlng the words "undesignated equity" which also addressed transfer of funds. Roll call: Hovland, Norberg, Hentges--aye Petkoff. Nawrockl--nay Motion fails. Chapter 7~ Section 66 Levy and Collection of Taxes Charter Commission recommendation: Substitute language for the entire section as it now reads. Again, as in Section 63, the word "earlier" appears and the Councll felt the word "other" would be more appropriate. Motion by Petkoff, second by Norberg to return the recommended language of the Charter Commission for Section 66 for an indication of its acceptance for the Council's suggestion. Roll call: All ayes Chapter 7, Section 68 Disbursements~ How Made Charter Commission recommendation: Delete present heading of this.section and substitute "Payment of Bills" and other language deletions and additions. Motion by Hovland, second by Petkoff to accept the recommendations of the Charter Commis- sion regarding Section 68. Roll call: All ayes Chapter 7, Section 69 Funds to be Kept Charter Con~ission recommendation: Deletion of some dated language for more contemporary s~ionguage' tion by Norberg, second by Hentges to accept the recommendation of the Charter Commis- n. Roll call: Norberg--aye Hovland, Petkoff, Hentges, Nawrockl--nay Motion fails. Members of the Council had concerns with some of the language and punctuation In this section, paragraph (al. The City Attorney advised the Council how additions or deletions could be made so this section would be acceptable to their concerns. Motion by Nawrockl, second by Petkoff to request the Charter Commission to reconsider Section 69 by considering the following language changes: (al deletion of the commas after Special Council Neeting Narch 23, 1983 page q the words ~'purpose" and I~due~ and replace the word "or~ with the word "of~ In the first line of the section. Roll call: All ayes Notion by Nawrocki, second by Norberg to reconsider motion referring Section 69 back to the Charter Commission. Roll call: Petkoff, Norberg, Nawrocki--aye Novland, Nentges-- nay Notion carries. Notion by Nawrocki, second by Norberg to concur with the Charter Commission recommendations for language changes in Section 69 except for subsection (al. Roll call: Novland, Petkoff, Norberg, Nawrocki--aye Hentges--nay Notlon fails. Notion by Nentges, second by Novland to refer Section 69 back to the Charter Commission for incorporation of.language changes to subsection (al as suggested by the City Attorney. Roll call: All ayes Chapter 7~ Section 71 Accounts and Reports Charter Commission recommendation: Deletion of the section as it now stands and substitute language as suggested by the Charter Commission Notion by Norberg, second by Petkoff to accept the recommendations of the Charter Commis- sion regarding Section 71. Roll call: Hovland, Norberg--aye Petkoff, Nentges, Nawrocki-- nay Motion fails. Nayor Nawrocki noted that acceptance of the recommendations for Section 71 would be in- consistent since Section 62 was not accepted and the antiquated language of the Charter which exists in Section 62 would have to be employed..Although he felt that the recom- mended changes were ~ery good they were not workable since 'Section 62 was left unchanged. Notion by Nawrocki, second by Hentges that the proposed language changes in Section 71 be referred back to the Charter Commission with a request to reconsider the language in he second sentence and to reconsider the the language In the. third sentence In regard the term "obligation." Roll call: Nawrocki--aye Hovland, Petkoff, Norberg, Hentges-- nay Notion fails. Chapter 11~ Section 105 City to Pay for ServiCes Charter Commission recommendation: Deletion from.the first*sentence the words, ~and a reasonable hydrant rental and other charges for supplylng the city with water~. Motion by Norberg, second by Petkoff to accept the recommendations of the Charter Commis- sion regarding Section 105. Roll call: All ayes Recommendations for Appropriate Term to Replace't~CounCilman~ Notion by Nawrocki, second by Petkoff that the City Council asks. the Charter Commission to consider the appropriate charter changes necessary to make the appropriate recommen- dations to change the term ~Councllman~.to ~Councilor~ or suitable language. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstaln Notion by Hentges, second by Hovland to adjourn the spec oll call: All ayes : ' ' Bruce' G. Nawrocki, Nayor