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HomeMy WebLinkAboutOctober 20, 2005 w/Charter/Cancelled Mayor Gary 1. Peterson Councilmembers Tami Ericson Diehm Bruce Kelzenberg Bruce Nawrocki Bobby Williams City Manager Walter R. F ehst CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights. MN 55421-3878 (763) 706-3600TDD (763) 706-3692 Visit Our Website at: www.ci.colu/1lbia-heights./1lIl.us NOTICE OF OFFICIAL MEETING Notice is hereby given that an official meeting is to be held in the City of Columbia Heights as follows: JOINT MEETING OF THE CITY COUNCIL AND THE CHARTER COMMISSION **THURSDAY, OCTOBER 20,2005** 7:00 P.M. COUNCIL CHAMBERS AGENDA 1. 2. 3. 4. Call to Order Roll Call Approval of Charter Commission Minutes of July 21, 2005 Old Business A. Discussion on Districts/Wards 1) Research provided by the League ofMiImesota Cities 2) Charter language from other cities of like size 3) Various maps with proposed quadrants 4) Pros and cons 5) Other issues/ideas to consider (Mayor's term; increase size of council) 5. New Business A rJ... Annual Board/Commission Dinner--December 14, 2005 6. Next Regular Meeting Date - January 19, 2006 7. Adj ournment The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodations will be provided to allow individuals with disabilities to participate in all City of Colwnbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the Administrative Secretary at 763-706-3606, to make arrangements. (TDD/763-706-3692 for deaf or hearing impaired only) MEMBERS: PLEASE CALL CAROLE AT 706-3606 IF YOU CANNOT ATTEND. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES l=ollA 1 ()ppnRTIINITV FMPI.nVFR OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JULY 21, 2005 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Joseph Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Nancy King, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joseph Sturdevant Members absent and excused: Jim Johnson, KatyKorday, Scott Kyseth, Joe Sturdevant, Dan VogtmaJl Members absent and unexcused: Clare Schn1idt Council Liaison, Mayor Gary Peterson, was not present, as he was out of town. Also present: Mark Ruff, Ehlers and Associates; Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Approval of Minutes of April 21, 2005 Motion by Commissioner Hartel, seconded by Commissioner Buboltz, tQ approve the minutes as submitted for the April 21, 2005, meeting. Motion passed unanimously. Correspondence The Recording Secretary reported the following correspondence since April 21, 2005: . Charter updates were sent to the Mayor/Council, Division Heads, and schoollibrmies . The signed oath of Robert Buboltz for reappointment was sent to the Chief Judge . A request was made to the League for information on "bonds" o A request was made to our Public Works GIS area for two maps showing population by quadrant e The information requested by c0ll1111ission members in April was mailed to all Charter Commission members on May 12, 2005 . Request was made to Finance Director, Bill Elrite, to have Mark Ruff attend the July meeting . Confumation was received from Mark Ruffthat he will be able to attend July meeting . Tonight's meeting agenda was prepm"ed and mailed out July 13, 200~, to commission members and Mark Ruff Status of Membership of the Commission The commission has its full complement of 15 members at this time. Old Business Discussion on Chapter 3. Section 19 and Chapter 7. Section 72 Mark Ruff, Ehlers and Associates, was present at tonight's meeting per this commission's request to answer any questions commission members may have about the bonding issue. Per request of the Charter COlmnission members in October, in January the City Attomeyput together some new language which is stated below. He stated that after reviewing this issue and the city charter, Charter Commission July 21, 2005 Page 1 he feels that this change could be addressed simply by adding a sentence in the last paragraph of Chapter 7, Section 72 of the city chalier. The Charter Commission passed, on their first reading in January of 2005, that the last paragraph of Chapter 7, Section 72 should read as follows: Before any bonds are sold, there shall be a four-fifths vote ofthe council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refmancing of any existing bonds shall be authorized by four-fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thuiy days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty-day period, the City Manager shall have the authority to establish a special meetulg upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authOlized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four-fifths vote of the council. The Recording Secretary had contacted the Research Depaliment at the League ofMil11lesota Cities to leam how other cities word this section in their city chaliers, and to obtain any fuliher infonnation they may have regarding this issue. Once the infonnation was received, it was mailed out to commission members in May for their review before tonight's meeting. Mark Ruff from Ehlers and Associates gave a brief presentation. He stated that he has been doing business with Columbia Heights for the past 15 years. He has worked on all our redevelopment projects. He stated Ehlers represents 150 cities, and that he himself works with 40 cities. 1\1ark stated that the wording (the 30 day wait period) in our charter is unusual. He stated that Columbia Heights does not have a lot of debt, and bonding/refinancing does not come up very often. Mark prepared a chart which he passed out to Charter Commission members. The chart showed the revenue bond index and bond buyer index from December 2003 to July 18, 2005. Mark reiterated that what triggered this discussion was the redevelopment bonds for Parkview Villa the end of 2004. Because of the 30-day wait period, Mark stated the city realized $10,000 less in savings on this paliicular situation. President Sturdevant asked if there is a celiain percentage that makes refmancing wOlihwhile. Mark stated that was a good question and indicated that a good rule of thumb is that rates should drop at least 1.5% to make it worthwhile. His company "watches" the various city's portfolios alld makes suggestions for changes. Then Ehlers and Associates assists cities with bond sales/refinancing by getting larger firms to bid for the bonds. They usually charge 1.5 to 2% in fees. Commissioner Hartel asked if changing the charter language would allow for misuse in refinallcing. The City Attomey stated that by changing the language as proposed, it requires a 4/5 vote to pass by the Council. Therefore, the majority of the council must feel it's a good move. Charter Commission July 21,2005 Page 2 Motion by Commissioner Buboltz, seconded by Commissioner Hartel to approve the second reading on the proposed change to Chapter 7, Section 72 indicated above, and forward to the City Council for their action. Motion passed unanimously. Discussion on Districts/W ards This topic is ongoing from the past couple of commission meetings. In May, the Recording Secretary mailed commission members maps showing the population figures if the city was sectioned off in four sections (with Central Avenue and 45th Avenues as dividing lines). This map was prepared by the Public Works GIS area and used the 2000 census data. Using this map, the population by quadrant is as follows: NW-3,667 NE-3,<5~9 SW-5,744 and SE-5,450. The Recording Secretary also passed out at tonight's meeting a map using Central Avenue and 44th Avenue as dividing lines. This map was also prepared by the Public Works GIS area and used the 200 census data. Using this map, the population by quadrant would be as follows: NW-4,550 NE-4,l15 SW-4,911 and SE-4,994. The City Attorney stated that the map using Central Avenue and 44th Avenue brought the population figures more into line for each quadrant. An additional map using Central Avenue and 44 th Avenue as dividing lines was provided tonight also, which also indicated census block populations. Commissioner Patiuk asked how close in population does the quadrants have to be. The City Attorney stated he belie\Ted it is a certain percentage governed by state statl.ltes. If the city would be divided into four quadrants, one councilmember would represent each quadrant, and the Mayor would run at large. It was also reiterated that there has been some discussion that two more councilmembers should be added. There was discussion on the fact that it would seem unrealistic to divide the city into more than four districts. So if and when any additional councilmembers were added, they would also be running at large. Commissioner Ritzko questioned what would happen if we did divided the city into four quadrants and no one decided to run in one of the quadrants. The City Attorney stated that there more than likely would be write-in candidates, and if not, the Council could appoint the person currently serving in that district or someone new, or decide to hold a special election. Commissioner Laine stated that with development in the SW quadrant (the Industrial Park area), an increase in population from very little to possibly many new residents could make a difference in that quadrant. The City Attorney stated that perhaps 200 units will be built there in the next few years, with a possibility of about 360 additional residents. Charter Commission July 21, 2005 Pa~e 3 Commissioner Hartel stated that the population totals will also change for the NE quadrant due to the addition of The Lofts. It was estimated that an additional 380-400 residents could change the totals for that quadrant. The City Attorney also stated that other possible sites that could change quadrant totals are the redevelopment ofMady's Bowling area (75-100 additional residents) and NEI. He also stated that at this time, there is nothing on the table for the NEI site. These are all good things to talk about in discussing this issue. The City Attorney stated that he could come up with proposed wording for the City Charter to reflect a change to wards or districts. There would also be parts of the existing charter that would have to be amended/modified relating to elections. The City Attorney reiterated the procedure on proposed changes to the city charter. There are two readings at the commission level, and two readings at the city council level. The city council has the option of passing the proposed revisions unanimously (which are done by ordinance) or returning them to the commission for possible modifications. The Charter Commission can make modifications to the amendments or place the item on the ballot for the voters to decide for themselves. This fall there will be a special election held on November 8 regarding the school district's proposed levy. Commissioner Laine stated that dividing the city into wards/districts helps keep the costs down for mailing campaign literature and also allows that councilmember to focus on details of their own district, still keeping the good of the entire city in mind. The City Attorney suggested that the Charter Commission ask the City Manager to set up a joint meeting with the City Council to discuss the pros and cons of this issue and get a feel for how the council feels on this issue. Such a meeting could be held in the Council Chambers so it is large enough to hold everyone from this commission and the City Council. It was suggested that a packet of information be provided to evelyone ahead of the meeting, and should include all the information that the Recording Secretary has already provided Charter Commission members to date and any other material that is put together by the Charter Commission and/or city staff. This meethig could be on a regularly scheduled work session date or a special meeting date. Motion by Commissioner Buboltz, seconded by COlmnissioner Hartel, to request a joint meeting with the City Council on this issue. Motion passed unanimously. The Recording Secretary will discuss this with the City Manager and report to all Chmier Commission members when and where this meeting will take place. New Business Other Topics of Discussion Commissioner Hartel stated that in the absence of our Council Liaison tonight, it would have been infOlmative to have someone else from the council present to hear the Charter Commission's discussion on districts/wards, as well as the information Mr. Ruffpresented tonight and the Charter Commission's discussion on that issue. Commissioner Buboltz stated that when council liaisons cmIDot make commission/board meetings for which they are a liaison, they usually do not arrange for another councilmember to attend in their place. However, when there are significant items of discussion on the Charter Commission July 21,2005 Page 4 agenda, it would be nice to have representation from the city cOlillcil present at those board/commission meetings. The Recording Secretary reminded the Chmier Commission members that the city council does receive copies of all board/commission meeting minutes in their agenda packets. Next 1\1eeting Date The next regular Charter Commission meeting date is October 20, 2005, at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner Hartel, seconded by Commissioner Ritzko to adjoum the meeting at 8:22 p.m. Motion passed lillanimously. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission July 21, 2005 Page 5 CITY OF COLUMBIA HEIGHTS 090 40th Avenue N.E., Columbia Heights, MN 5542] -3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-heights.mn.usCHARTER COMMISSION October 11,2005 Mayor Gary Peterson Councilmember Tami Ericson-Diehm Councilmember Bruce Kelzenberg Councilmember Bruce Nawrocki Councilmember Bobby Williams Dear Mayor and City COUllcilmembers: The Charter Commission has been reviewing information for the past several months in regard to the districts/wards issue. At their July 21,2005, meeting, members ofthe Charter Commission voted to request a joint meeting with the City Council to discuss this issue and obtain your feedback. We realize that this issue has been discussed before at the Charter Commission level in years past, but we think that this issue needs another look due to various reasons outlined in the information attached. In preparation for this joint meeting, I am attaching the following documents for your review: · Research received from the League of Minnesota Cities in March of2005 which includes advantages and disadvantages of the ward system. Q Charter language on this subject from various cities and their respective populations: o Albert Lea (population 18,079) o Austin (population 23,670) o Crystal (population 22, 840) o Hastings (population 19,202) o Northfield (population 17,846) o Ramsey (population 18,830) o OwatOlma (population 23,082) o Red Wing (population 16,269) o West St. Paul (population 19,650) o White Bear Lake (population 24,874) and o Willmar (population 18,512). · Map dated May 12, 2005, prepared by the city's GIS Depmiment, showing population by quadrant if the city was divided into wards or districts using Central Avenue and 45th Avenue as dividing lines. Using this infonnation, population totals by quadrant would be: * NW 3,667 * NE 3,659 * SW 5,744 * SE 5,450 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER . Map dated July 20,2005, prepared by the city's GIS Department, showing population by quadrant if the city was divided into wards or districts using Central Avenue and 44th Avenue as dividing lines. Using this information, population totals by quadrant would be: * NW 4,500 * NE 4,115 * SW 4,911 * SE 4,994 . Map dated July 20, 2005, prepared by the city's GIS Depmiment, showing population by quadrant which shows the same information in the previous map as well as census block populations. . Excerpts of minutes of the Charter Commission which include recent discussions of this issue: January 20,2005, April 21, 2005, and July 21,2005. . A summary sheet of pros and cons. The Charter Commission members look forward to holding an honest and open discussion with you on Thursday evening, October 20,2005. We would like to discuss the pros and cons and all the information provided herein and receive your feedback and ideas. If you have any questions before the meeting, please do not hesitate to call me at 572-8601. Sincerely, () . Ii I I C"-'-" 'i J ,,' //1 O'rv!..-j' /1 ''-.:) Uvt d~T. v,r Joseph Sturdevant President Columbia Heights Chmier Commission cb Attachments LMC League of Minnesota Cities 145 University Avenue West, st. Paul, MN 55103-2044 (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 · TDD: (651) 281-1290 www.lmnc.org League of Minnesota Cities Cities promoting """ellonce March 16, 2005 Carole Blowers City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear Ms. Blowers: Here are chmier provisions regarding the ward system in charter cities with populations around 20,000. I hope that the language is helpful. TfI "a:t' prrnTirlp Cll1ythirng p1sp -tl"\r Ul"\'l 1"'\lp",,,p rll"\ '11"\t h"""itat"" tro cront"ct n..."" Thank ~J'vroll f.vror Y01IT .......... "'" .I. 'J"....'-J......'-W...1. "'.... ......... V..L'\J.I. JVL.,p.l.Vu..U\".olU-V.l.V'- .1.'-"0.1.'" LV V V.I..I....'" .1..1..1.\..1...... .L""""'''' ....... ... patience in receiving a response to your inquiry. Sincerely, '~('{'~ I ;sr~0 ~.~ Rylee1 Retzel~ 651-281-1226 lTetzer@lnmc.org AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER LMC league of Minnesota Cities 145 University Avenue West, st. Paul, MN 55103-2044 (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 . TOD: (651) 281-1290 www.lmnc.org LeClfJue of Minnesota Cities Cities promo/ing e%cellence Advantages and Disadvantages of the Ward Systelll in Home Rule Charter Cities By Rylee Retzer, Staff Attorney, Charter Assistance Program Standard Arguments for both propositions: Advantages of the Ward System . As citizens vote only for candidates in their ward, the ballot is shorter and simpler. . Voters are more likely to have direct, personal knowledge about qualities of those who seek to represent them, and thereby will make a more intelligent choice. . After the election, the council member will keep in closer touch with his or her constituents. . Insofar as wards have special interests, these will be represented. e Insofar as wards contain distinct social, ethnic, and economic groups, the council will be a better cross-section of the population. s If a minority is concentrated in one geographical area, the ward system increases its chance of securing some representation on the council. .. The campaign costs to a council candidate are lower. . Election by wards tends to attract ore candidates to run for office. . Each geographical area of the city will be assured some representation. . Council members will be able to have closer contact with their constituents and be more responsive to their needs. Disadvantages of the Ward System . Ward boundaries do not necessarily delineate homogenous areas. Therefore, there may not be a ward interest that would justify separate representation. . Voters in one ward may find there is no candidate in the ward they can wholeheartedly support, and that there is a candidate in another ward who would more fully represent their support, and that there is a candidate in another ward who would more fully represent their views. The ward system prevents these voters from fully exercising their freedom of choice. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER · In some wards there may be difficulty in finding qualified candidates who are willing to lUll for office so that the voters' range of choice is restricted and the quality of the council may be lowered. · Wards encourage a spirit of localism since the basis of selection tends to be service to the ward, not the city. · Wards may foster divisive competition for scarce resources. · Politically active or special interest groups may be over represented by targeting certain wards. · Once established, ward boundaries are difficult to change. Redistricting may be expenSIve. · Election will be more expensive as more polling places and election judges will be needed. It may be more difficult for the voter to find the correct polling place. CNQn:.; Tb..ts.~:I(ILQLjld not oe the case tn ColLHllbta, H'e.tghJ$:~l PART I CHARTER ~~ Page 2 of 16 Section 2.03. Council members: qualification and terms. Subdivision 1. The council is composed of a mayor and six council members who must be eligible voters ofthe city and must further qualify for office as provided in this charter. Subdivision 2. The mayor and council members must be residents ofthe city. The ward council members must satisfY the residence requirements of section 2.04. Subdivision 3. The mayor is elected at large by the eligible voters. A ward council member is elected by the eligible voters of the ward in which the council member resides. Subdivision 4. The mayor is elected for a tenn of two years. A council member isielected for a ternl of four years. The mayor and council members serve until their respective successors are elected and qualified for office. The term of elected office begins on January 1 and ends on December 31. Subdivision 5. The tenns of office ofthe mayor and council members in office on the effective date of this charter continue in accordance with the transitional schedule adopted pursuant to sections 7 and 107 of the city charter as it existed prior to the effective date oftbis charter. Section 2.04. Ward cOlmcil members. A ward council member must be a resident of the ward (i) at the time that filings for election close, or (ii) at the time of appointment to fill a vacancy. Except as provided in section 2.05, continued residence in the ward in which the council member resides at the time of election or appointment is a required qualification to hold office during the council member's term. Section 2.05. Wards. The city is divided into six separately numbered wards. Review ofthe ward boundaries must be made by the council and the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. A ward must be composed of compact and contiguous territory. A change in ward boundaries does not disqualifY a ward council member from serving the remainder of a term. If the council does not reapporLion the wards within the period prescribed the mayor and council members may not be paid salary or other benefits until the wards ofthe city are reapportioned. The wards ofthe city are those described by ordinance on the effective date ofthis charter. Section 2.06. Incompatible city offices. An elected officer of the city may not (i) be appointed city manager; (ii) hold another city office or be employed by the city- in any capacity for pay; or (iii) hold a city office or be employed by the city for a period of one year after expiration ofthe officer's term of office. Section 2.07. Vacancies. Subdivision 1. A vacancy in an elective office exists for the following reasons: (a) failure of a person elected to an office to qualifY on or before the date of the second regular meeting ofthe cOtillci1 in the year subsequent to the election; (b) death of the officer; (c) resignation of the officer; (d) except as provided in section 2.05, the officer ceasing to be a resident of the city or ofthe ward from / _L __J"........ t..+-- 2/2/2005 City Charter Chapter 1 ~ Page 2 of3 1l0lih, range number eighteen (18) west; also the south half ofthe south half of section number thirty- four (34); and the south half ofthe southwest quarter, and the southwest quarter ofthe southeast quarter, of section number thirty-five (35); also a strip ofland forty (40) feet wide off from the west side of the northwest quarter of the southeast quarter of said section number thirty-four (34); also the land included in, and known as Oakwood Cemetery, being in the southwest comer of the northwest qucllier of said section number thirty-four (34), all in township number one hundred three (103) north, range number eighteen (18) west. (Amended by Election, dated 5-14-68) ~ 3. WARD BOUNDARIES. A. The city shall be divided into three (3) wards, as follows, to-wit: 1. The First Ward, which shall include all that territory of said City lying West and North of the centerline of the Cedar River extended North to the City boundary and south to the centerline of Fourth Avenue N.E., thence westerly on Fourth Ave N.E. to the centerline of Fourth Street N.E., thence southerly on Fourth Street N.E. to the centerline of Oakland Avenue East, thence westerly on Oakland Avenue East to Fourth Street S. W., thence southerly on Fourth Street S. W. to the centerline of Fou.."'ih Avenue S.\V., thence \vesterly 011 Fou..rth Avenue S.W. to the centerline of Twelfth Street S,W., thence nOliherly on Twelfth Street S.W. to Oaldand Avenue West and thence , westerly on the ,centerline of Oakland Avenue West to the Gity boundary. Lands hereafter , annexed lying North and West of the above described ward bomldary shall be included in the First Ward. 2. The Second Ward, which shall include all territory of said City lying West and South of the following described lines: Beginning at the intersection of Fourth Street S.W. and Third Avenue S.W., thence easterly on Third Avenue S.W. to South Main Street, thence southerly on South Main 8t. the centerDne of the Cedar River, thence southerly on the Cedar River to the City boundary; also beginning at a point at the intersection of Fourth Street S.W. and Third Avenue S.W" thence southerly on Fourth Street S.W. to the centerline of Fourth Avenue S.W., thence westerly on Fourth Avenue S.W. to the centerline of Twelfth Street S.W., thence northerly to the centerline of Oakland Avenue West, thence westerly on Oakland Avenue West to the City Boundmy. Lands hereafter almexed lying South and West of the above described ward boundffiY shall be included in the Second Ward. 3. The Third Ward, which shall include all that tenitOlY of said City lying East of the centerline of the Cedar River extended NOlih to the City boundary and south to the centerline of Fourth Avenue N.E., thence westerly on FOUlih Avenue N.E. to the centerline of Fourth Street N.E., thence southerly on Fomih Street N.E. to the centerline of Oakland Avenue East, thence westerly on Oakland Avenue East to Fourth Street S.W., thence southerly on Fourth Street S.W. to the centerline Third Avenue S.W., thence easterly on Third Avenue S.W. to South Main Street, thence southerly on South Main S1. to the centerline of the Cedar River, thence southerly on the Cedal' River to the City boundary. Lands hereafter annexed lying East of the above described ward boundffiY shall be included in the Third Ward. (Am. Ord. 260, Second Series, dated 2-17-92) 1~++..-.. !/nnmn ^; ....""t;-n rn-n 11e/ A r1".,;ni<;!tr!:ltinl1/(',nr1p:~/(',hmip.r/r.h8nterl.ntm 3/15/2005 City Charter Chapter 1 ~- .. -7-~ L-~~ Page 3 of3 4. All officers of the city whose appointment is required by the provisions of this chapter may serve out the term for which they are appointed or elected notwithstanding the change in ward boundalies above set forth. (Ord. 126, Second Series, dated 3-20-86; Am. Ord. 477, Second Series, dated 4-22-02) 1,t+.-.. IInrn,-,u ,....~ ",, "t~" n", ""j A rlrn;n; dr!:lt; rm/(,.r\r1pc::/r,n::lrfp.r/r,11::lntp.r lntm 3/15/2005 ~ --1l--. If) 0::~.A~::l~ G~a~ty Charter ~ , (a) (b) (c) ~ (d) _,i (e) (f) (g) /1-'\ ~ll) (i) ~~J).. Page 3 Section 2.05. Wards. The city is.divided into four wards. Review of the wants-must be made by the council and the wards reapportioned no later than two years after the year in which a federal census is taken so that each ward contains not more than 30% nor less than 20% of the population of the city. Reapportionment is by ordinance. A change in ward boundaries does not disqualify a courlCilmember from serVing the remainder of a term. If the council does not reapportion within the period prescribed, the mayor and councilmembers forfeit all remuneration until the wards of the city are reapportioned as required by this section. The wards of the city are those described by ordinance. (Amended, Ordinance No. 93-4, May 12, 1993; Ordinance No. 98-4, November 24, 1998) 1 Section 2.06. Incompatible City Offices. A member of the council may not be appointed city manager. A member of the council may not be a city officer or be employed by the city for pay. A member of the council may not, for a period of one year after expiration of the member's term of office, be a city officer or be employed by the city for pay. Section 2.07. Council Vacancies. A vacancy in the office of mayor or councilmember exists for the following reasons: failure of a person elected thereto to qualify on or before the date of the second regular meeting of the council in the year subsequent to the election; death of the member; resignation of the member; the member ceasing to be a resident of the city or of the ward or section from which elected; continuous absence from the city for more than three months; conviction of the member of a felony either before or after qualification for office; failure of the member without good cause to perform the duties of office for a period of three months; removal of the person from office; or any reason specified by law. When a vacancy occurs the council must by resolution declare the vacancy to exist and forthwith appoint an eligible person to fill the office until the next regular municipal election when the office is filled for the .unexpired term. If a vacancy occurs and exists in an elective office after the last day for filing affidavits of candidacy for that office, the person elected to fill that office is deemed to have been appointed for the unexpired term. (Amended, Ordinance No. 93-4, May 12, 1993) . Section 2.08. The Mayor. The mayor is the presiding officer of the council. The council must choose from its members a mayor pro tern who holds office at the pleasure of the council and. serves as mayor in the mayor's disability or absence from the city or when a vacancy in the office of mayor exists. The mayor: (a) exercises the powers and performs the duties conferred on the mayor by this charter, the ordinances of the city, and the laws of the state; (b) is the official head of the city for ceremonial purposes, for purposes of the service of civil process, and for the purposes of martial law; and -' Page 2 t CHAPTER 2 FORM OF GOVERNMENT Section 2.01. The form of government established by this charter is the Council Manager Plan. . The council exercIses the legislative power of the city and determines matters of policy. The city manager is responsible to the counc~l for the proper administration of city affairs. Section 2.02. Boards and Commissions. There are no separate administrative boards or commissions except boards and commissions established for the administration of a municipal function jointly with another political subdivision. The council performs the ',duties and exercises the powers of administrative boards or commissions. The council may by ordinance establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi-judicial functions. (Amended, Ordinance No. 90-22, February 1, 1991) Section 2.03. Council Members: Qualification and Terms. Subdivision 1. The council is composed of a mayor and six council members who must be eligible voters of the city and must further qualify for office as provided in this charter. Subd. 2. The mayor and councilmembers may hold another compatible public office. II) Subd. 3. The mayor and councilmembers must be residents of the city. The resident councilmembers must satisfy the residence requirements of section 2.04. Subd. 4. The mayor is elected at large. A ward resident councilmember is elected by the eligible voters of the ward in which the councilmember resides. A section resident councilmember is elected by the eligible voters of the section in which the councilmember resides. Subd. 5. The mayor and councilmembers are elected on the date, in the years and for the terms specified by ordinance adopted by the council in accordance \vith law. (.A~rnended, Ordinance No. 98-4, November 24, 1998) Subd. 6. (Repealed, Ordinance No. 98-4, November 24, 1998) Section 2.04. Resident Councilmembers. Four of the' councilmembers must be ward resident councilmembers and are qualified as follows: one councilmember must be, at the time of election or appointment, a resident of the First Ward; one councilmember must be, at the time of election or appointment, a resident of the Second Ward; one councilmember must be, at the time of election or appointment, a resident of the Third Ward; one councilmember must be, at the time of election or appointment, a resident of the Fourth Ward. Two councilmembers must be section ' resident council members and qualify as follows: one councilmember must be, at the time of election or appointment, a resident of Section One, consisting of Wards One and Two; arid: one councilmember must be, at the time of election or appointment, a resident of SeCtion Two, consisting of Wards Three and Four. Continued residence in the ward or secdon in which the councilmember resides at the time of election or appointment is a required qualification to hold tt,)i' office during the councilmember's term. Cff~ HOME RULE CHARTER CITY~SOTA CHAPTER I NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS SECIlON 1.01. NAME AND BOUNDARIES. The City of Hastings, in the counties of Dakota and Washingto~ State of Minnesota, is and shall continue to be a City by the name of Hastings; is and shall be a municipal corporation and shall have the same boundaries as they now are or as they hereafter may be established. SECIlON 1.02. POWERS OF THE CITY. The City of Hastings shall have all powers which it may now or hereafter be possible for a municipal corporation in the State . of...J,.1innesota..to,,'exercise :.41 harmony. with ..the.. Unired Sta1f"-~_Cb_~titution ?p-d the. .:-.' Constitution of the State of Minnesota. It is the intention 'of this Charter that every power which the people of the City of Hastings might lawfully confer upon themselves, as a municipal cOlporation, by specific enumeration~ in this Charter shall be deemed to have been so conferred by the provisions of this Section. This Charter shall be construed liberally in favor of the City and the specific mention of pat-ticular powers in this Charter shall not pe construed as limiting in any way the generality of the power herein sought to be conferred. . SECIlON 1.03. WARD BOUNDARIES. The Citj is, and shall be divided into four ( 4) wards. The boundaries of said wards shall be as follows, until changed pursuant to this chfu-ter,. or by oper':l:tion of law. '. . WARD 1: V/ard 1 shall consist of the area within the city limits lying east of a line beginning at the intersection of the north boundary of the city in Denmark Township, Washington Count'J, ,and the Washington - Dakota County line on the Mississippi River, proceeding downstream to Trunk Highway 61; then south along Trunk Highway 61 to Trunk Highway 55; then west along Trunk Highway 55 to 11th Street; then west along 11th Street to Spring Street; then south along Spring Street to 15th Street; then west on 15th Street to Ashland Street; then south along Ashland Street to County 47; then proceyding east along County 47 to Trunk Highway 61; proceeding south on TH61 to West 22nd Street; then West on 22nd Street to Cannon Street; proceeding south on Cannon Street; as bounded on the east side of Ward 4; encompassing all within the city limits. WARD 2: Ward 2 shall consist of the area within the city limits lying west of the Washington - Dakota County boundary on tbe Mississippi River, proceeding downstream to Trunk Highway 61, and lying west of Trunk Highway 61 from the County boundary to Trunk Highway 55; and lying north of a line along Trunk Highway 55 from Trunk Highway 61 to Walnut Street; then proceeding south on Walnut Street to 10th Street; then proceeding west on 10th Street to Pine Street; then proceeding north on Pine Street to Trunk Highway 55; then proceeding west on Trunk Highway 55 to the west boundary of the city limits. -1- ------'7'-..-......--.. //~. ~~..::.~ /' ~_._,---_..- ~.--/ <----.-,,~~..-- ;f - WARD 3: Ward 3 shall be bounded on the north by,the south boundary line of Ward 2 described above; on the west by the west boundary of the efty limits; on the south by a line along 15th Street from the west city limits to Pine Street; then proceeding south on Pine Street to 19th Street; then proceeding east along 19th Street to Ashland Street; bordered on the east by P....shland Street between 19th and 15th Streets; then east to Spring Street; then proceeding north on Spring Street to 11th Street; then east to Trunk Highway 55. WARD 4: Ward 4 shall be bounded on the north by the south boundary of Ward 3 as described above; on the west boundary of the city limits from 15th Street to the south boundary of the city limits encompassing the area lying within the city limits lying south of County Highway 47, on the east by Cannon Stree4 then proceeding north following the west boundary of Ward 1, to 19th Street. (Council meeting of March 16, 1992). Iii the event" any teriitOry shan be' annexed' ter the City, it'shall become pa-rr ofc..t~e.--..--. adjoining ward. . The Charter Commission of the City of Hastings shall be responsible for adjusting ward boundaries when necessary to provide equal representation as required by the Federal and Minnesota constitutions, within three months after official announcement of the results of a decennial census, and at such other times as the commission shall determine whether existing ward boundaries provide equal representation. If n04 the cOI!1.mission shall adjust ward boundaries so that each ward contains, as nearly as possible, an equal number of qualified residents. The commission shall file with the City Council a report designating the new ward boundaries, which report designating l?oundaries shall be read at t~e . next regular council meeting and recorded in the minutes. " of the council. The ward boundary change shall be effective thirty days after said. . . reading, except that no adjustment shall apply to any city election if adopted after the first date for rJing for such election. If adopted after the first date or filing for a.n election, then the ward boundary change shall become effective on the 1st day of the .s::~"+ ~~~...l. ~.{:+""~ +h<> ~...~+l. ;T"O n,l..;...l.. th'" 1T",...",...,,1 n... cn"'M~l ".lp.rtlnn II; hplil All 1.11.i)L. J.llV~J.Lll aJ..L\.".oJ. Ll v .!.J.J.VJ.J.LJ.J. ill. YYJ.J.~\"r.U. ....1. "" o"'.L.1."",....l,.4...L V.L LJ'l-'-v.&.......... _.a.v............_....... ........ .....'-'--. --- Councilpersons may serve out the terms for which they were elected, notwithstanding changes in ward boundaries. Where streets form the boundary lines of wards, the boundary shall be the center of said streets. Renaming of streets shall not affect boundary lines, as it is the intent of this charter that the boundary lines are the center of the street as now located, and said boundary lines shall not be affected by renaming or relocating of said street. SECTION 1.04. CHARTER A PUBLIC ACf. This Charter is and shall be a public act and need not be pleaded or proved in any judicial, legislative, executive, or administrative proceeding. This Charter shall take effect after adoption as provided by Minnesota State Law. -2- 1 CHARTER I~ Ir I I I <I I I I I i .:ction 3.2. Boards and Commissions. The council may establish boards Jr commissions to advise it with respect to any municipal function or activitYJ to investigate any subject of interest to the city, and to perform quasi-judicial functions. Secti on 3.3. Cop-nci I Composi ti on and El ecti on. The counci I shall be composed of a may'or and six council members who shall be qualified. One council member shall be elected from each ward and three council members shall be elected at large. Each council member shall serve for a term of three years and until a successor is elected and qualified. The mayor shall serve for a term of three years,and until a successor is elected and qualified beginning with the term that commences on January l, 1980. Section 3.4. Incompatible Offices. No member of the council shall be appointed city administrator, nor shall any member hold any paid municipal office or employment under the city; and until one year after the expiration of his/her term as mayor or council member, no former member shall be appointed to any paid appointive office or employment under the city which was created or the compensation for which was increased during his/her term as council member or mayor. Section 3.5. Vacancies in the Councilor in Office of Mavor. An elective office becomes vacant when the person elected or appointed thereto dies before taking office or fails to qualify, or the incumbent dies, resigns in writing filed with the city clerk, is convicted of a felony, ceases to reside in the city or ward from which elected, or is adjudged incompetent by a court of competent jurisdiction. In each such case, the council shall by resolution declare the vacancy to exist and shall forthwith appoint an eligible person to fill the vacancy until the next regular municipal election when the office shall be filled by election for the unexpired term, unless the remaining term would expire at the end of the same year of the next regular municipal election, in which, case the appointee shall fill the vacancy for the remainder of the unexpired term. Section 3.6. Salaries. The mayor, council members officers and employees of the city shall receive such and expenses as may be fixed by the city council. and all other salaries. wages CHAPTER FOUR PROCEDURE OF COUNCIL Section 4.1. Council Meetinqs. On the first business day of January, the council shall meet at the usual place and time for the holding of council meetings. At this time the newly elected members of the council shall assume their duties. Thereafter, the council shall meet at such time as may be prescribed by resolution. The mayor or any three members of the council may call special meetings of the council upon at least twelve hours notice to each member and such public notice as shall be prescribed by ordinance in compliance with the laws of Minnesota. Public notice of all meetings of the council and its committees shall be . -'.....<"..'-"':""""'....7..::'~:.'~...). . CHAPTER 2 FORM OF GOVERNMENT Section 2.1 Form of Government. The form of government established by this charter is the "Mayor-Council Plan" as defined by current Minnesota State Statutes. Except as otherwise provided by state statutes or this charter, all powers of the city are vested in the city council. Section 2.2 Boards and Commissions. There shall be no separate administrative board of health, library board, or any other administrative board or commission except for the administration of a function jointly with another political subdivision. The douncil shall itself be and perform the duties and exercise the powers of such boards and commissions provided for by state statutes. The council may, however, establish or abolish by ordinance boards or commissions to advise the council with respect to any municipal function or activity, or to perform quasi-judicial functions. Notice of initial formation and all vacancies shall be published in the city newsletter and in the legal newspaper. Membership of various boards and commissions shall not exceed nine members, at least two-thirds of which shall be residents ofthe Cit'j of Ramsey. Section 2.3 Council Composition and Election. 2.3.1 Mayor and Council. The council shall be composed of the mayor, elected at- large, two councilmembers elected at-large, and four councilmembers, each of whom shall be el~cted from a separate Ward as established or amended pursuant to this charter. The mayor and councilmembers shall be qualifed electors. Each councilmember elected from a ward shall be a resident of the Ward, but a change in Ward boundaries does not disqualify a councilmember from serving the remainder of a term. Except as hereina:ft~r provided, councilmembers shall serve for a tenn of four years and until a successor IS elected and qualifies. The mayor shall serve for a term of four years and until a successor is elected and qualifies. The elections for the mayor and councilmembers shall be held as provided in Subsection 2.3.3. 2.3.2 Wards. The city shall be divided into four separate Wards. The boundaries of . such Wards shall be determined by ordinance based upon population as determined by the most recent federal decennial census and shall be as equal in population as practicable and each Ward shall be composed of compact, contiguous ten-itory. An ordinance designating the boundaries of the City's election Wards shall be enacted within sixty days after the state legislature has been redistricted or by May lOin the year ending in two, whichever comes first. The Wards shall be designated as ward numbers 1,2,3 and 4. 2.3.3 Transition Schedule. 2.3.3.1 For the 2002 City wide election only: (1) Councilmembers elected in the year 2000 shall be assigned to the Ward in which he/she resides. (2) Councilmembers from Ward Numbers 1 and 3 shall be elected. (3) Two at-large councilmembers shall be elected, with the candidate receiving the highest number of votes serving a four year term. and the 2 Charter October 19, 1992 If.; AMENDED CHARTER CITY OF~~~NNESarA CHAPTER I Boundaries, Wards and Powers Section 1.1 NAME AND BOUNDARIES. The Ci ty of Owatonna shall continue to be a municipal corporation under the name and style of City of Owatonna with the boundaries as from time to time established. Section 1.2 WARDS. The City is divided into five wards. Section 1.3 and may change five-sevenths vote. CHANGE m WARD BOUNDARIES. ward boundar ies at any The city council shall establish time by ordinance adopted by Section 1. 4 POWERS OF CITY. The City may sue and be sued; shall have and use its present seal and may alter its seal at any time; shall be capable of contracting and being contracted with; may acquire by purchase, condemnation or otherwise, and hold, lease, sell and convey real and personal property as its purposes may require or the transaction of its business may render convenient, within or without the limits of the City; may acquire, construct, own, lease and operate public utiliLies and render public service of every kind, may license and regulate persons, corporations and associations engaged in any business, occupation, trade or profession; may define, prohibit, abate or suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City and all nuisances and causes thereof; may regulate and control ~he use or the streets and other public places and ways; may make and enforce local police, sanitary and other regulations. a.Dd may do and perform all other things necessary or convenient for maintaining and promoting the peace, good government and welfare of the City and for the performance of all functions thereof. The City shall have all the powers possessed by municipal corporations at common law. It shall have, retain and may exercise all powers, functions, rights and privileges heretofore possessed by it or granted by the Laws of the State of Minnesota to cities of the class of which the City may at any time belong and any other powers, functions, rights and privileges exercised by or which are incidental to or inherent in municipal corporations or which are not denied to it by the Consti tution and Laws of the State of Minnesota or the provisions hereof. Its powers shall extend beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein or as may be authorized by law. The City shall have full power to deal with all matters of municipal concern and have complete self-government in harmony wi th and subject to the Constitution and Laws of the State of YUllilesota. /ot=? oJ' .~~ ~ ,/ '/-- .... /' /"" /---r"'~ /~ ' Charter CrfY-6{~ ~~opted April 27, 1970 Chapter 1, Name, Boundaries, Powers, and General Provisions 'c-----,.... -. . -- ------- -- --- -- -- ---- - - ----,----0,- Section 1.01 Names alJd Boundaries The City of Red Wing in the County of Goodhue and State 'of "r;innesota. shall, upon the taking effect of this charter, continue to be a mUnicipal corporation, under the name and style of the City of Red Wing, with the same boundaries as now are or hereafter may be established. Section 1.02 Change in Ward Boundaries The city council may change ward boundaries at any time by ordinance adopted by two-thirds vote. Section 1.03 Powers of the City The city shall have all powers Which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and of the United States. It is the intention of this charter that every power which'the people of the City of Red Wing might lawfully confer upon themselves, as a municipal corporation, by specific enumer- ation in this charter shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor Qf the city, and the specific mention of particular powers in the chprter shall not be construed as iimiting in any way the generality of the power herein sought to be conferred. Unless otherwise expressly provided' in this charter, the city council shall have all powers granted to ,the city, including management and control Qf the finances and property of the City witl1full power and authority to'!I1ake~ ordain, establish, publish, alter, modify, amend and repeal ordinances, resolutions, rules and regulations for the government and good orde~ of the city. It shall have full power and atlthority' to declare and impose penalties and punishment against any person>> firm, or corporation violating any ordinance, rule, or regulation. Its ordinances, rules, and regulations shall have the force of law. Section 1.04 Charter a P~~~~c Act This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect ninety days from and after its adoption by the voters. J Chapter 2 I I Form of Government Section 2.01 Form of Government The form of government established by this charter is thelT~'layor:Council Plan. 11 Section 2.02 Elective Officers The elected officers shall be a mayor, nine councilmen, all of whom shall be qualified electors, and a municipal jUdge. 'Two councilmen shall be elected from each of the four wards of the city, and one shall be elected at large. Fou~councilmen shall be elected in even numbered years' and five councilmen, including the councilman at large. in odd numbered years. The mayor and councilmen shall be elected for a term of two years and the municipal judge for a term of six years and until their successors are elected and Qualified. ... 2 - 'j?:?--.-- .- //"'-.-....-... ~.r-~:-------______-,-...... U_._..__~__~. Wi ny) p Section 2.03 Qualifying Every person elected to any office shall take and subscribe to the oath provided by law. Secti~n 2~04 Boards The city council may by ordinance establish or abolish any boards which it deems essential for the city operations, which ordinance s~all fully set forth the powers and duties, including methods of accounting and handling of funds and allowance and payment of claims. Each board shall consist of not less than three (3) nor more than fifteen (IS) members who shall each serve for a term of three (3 ) years. No board member shall serve mote than three consecutive terms. Subject to confirmation by the council, the mayor shall appoint the members of all boards. l Section 2.0S Removal Ev~ry officer and every member' of any board or commission, whether appointed to office by the city councilor by the mayor or elected by the people, may be removed from his office by vote of two-thirds of the city' council, provided that an official shall not be re- moved except for cause, after having been furnished with a written statement of the charges against him and after being given a reasonable opportunity to be heard in his defense. The city council shall fix a date for a hearing on wuch charges not less than ten (10) days after notice to the accused officer and shall have authority to compel the attendance of witnesses and to request any necessary records and papers. In the event the officer neglects to appear to answer the charges or the city council finds that the charges are sustained and provide sufficient cause for removal it may by two-thirds vote declare the office vacant. 5e ction 2. OS city council shall a vacancy to exist an eligible person election, when the Vacancies In accordance with M~S.A= 3Sl.0l~ the when necessary, by resolution of the councilt declare in any elective office, and shall forthwith appoint to fill the vacancy until the.next regular city office shall be filled for the unexpired term= Section 2.07 Mayor The mayor shall be the titular head of the city. He shall exercise all powers and perform qll duties conferred and imposed upon him by this chartert the ordinances of the city~ and the laws of the state. He 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 martial law. He shall study the operations of the city government and recommend to the council such changes and improvements as he believes to be desirable. He shall also report to the council any neglect t dereliction of duty., or waste on the part of any officer or department of the city. The mayor shall have control and supervision of the police department of the city. Subject to confirmation by the city council, he shall appoint the police chief and all police officers. He shall, with the consent and approval of the city council, prepare such regulations for the control of the police force, and the powers and duties of the officers thereoft as he may deem necessary, and in like manner alter the same. Such. regulations may designate the uniforms" badges, arms, discipline, and drills of the police force, as well as matters deemed necessary to promote the efficiency of the force. The mayor shall have the power to suspend any police officer for'official misconduct until the next meeting of the city council thereafter J 'when he shall report in -writing such suspension with his reasons therefore to the city council to be dealt with as the council may deem proper. . Section 1.04 - Ordinance 92-03 THE CHARTER CITY ~ CHAPTER I. NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS r > , Sec. 1.01 Name and Boundaries. . The City of West Saint Paull in the County of Dakota and the State of Minnesota, shall, upon the taking effect of this Charter, continue to be a municipal corporation, under the name and style of the City of West Saint Paul, with the same boundaries as now are or hereafter may be established. The Territory constituting the City of West Saint Paul, with the same boundaries and limits thereof, are as follows~ All of Sections number Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), and the North one-half (N 1/2) of Section Twenty-Nine (29) lying north of Mendota Road, and the North one-half (N 1/2) of Section Thirty (30), and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Seven (7). All in Township 28 North, Range 22 West, of the Fourth principal meridian. Sec. 1.02 Powers of the City. The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this State to exercise in ~armony with the constitution of this State and of the United States. It is the intention of this Charter that every power which the people of the City of West Saint Paul might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this Section. This Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Sec. 1.03 Charter a Public Act. This Charter shall be a public act and need not be pleased or proved in any case. It sha 11 take effect si x (6) months from and after its adoption by the electors. Sec. 1.04 Ward Designation. The said City shall be divided into three (3) wards, to be called the First (1st), Second (2nd), and Third (3rd) Wards, limited and bounded as follows: The First Ward shall consist of all that part of the City which is east of the centerline of South Robert Street, except that part which is south of the centerlines of Muriel Boulevard (Robert to Kathleen), E. Kathleen Drive (Muriel to Westview), and Westview Drive (Kathleen to Oakdale) and also west of the centerline of Oakdale Avenue. ~/. ~-:v .' ~1(b~ Section 1.05 - Ordinance 96-17 Section 1. 05 - Ordinance 97-13 - 2 - The Second Ward shall embrace all that part of the City which is west of the centerline of South Robert Street and east of the centerline of Charlton Street, and north of the centerline of Marie Avenue except that part which is south of the centerline of Wentworth Avenue (Charlton to Humboldt), and also west of the centerline of Humboldt Avenue (Wentworth to Marie). The Third Ward shall embrace all that part of the City which is west of the centerline of Charlton Street together with that part which is south of the centerline of Wentworth Avenue and west of the centerline of Humboldt Avenue and that part south of the centerline of Marie Avenue and west of the centerline of Oakdale Avenue, save and except that portion bounded by Marie Avenue, Robert Street (Marie to Muriel), Muriel Drive (Robert to Kathleen), East Kathleen (Muriel to Westview), Westview Drive (Kathleen to Oakdale), and Oakdale Avenue (Westview to Marie). Sec. 1.05. ,Council Districts. Said City of West Saint Paul shall be, and is hereby divided into three (3) Council districts, and each ward shall constitute a Council district. Said Council districts shall be numbered to correspond with the number of the wards. That each of said Council districts, as above defined and constituted, shall form a separate election precinct of said City for the holding of all general elections provided for under the laws of this State, and for the election of all corporate officers provided for in this Charter. Provided, however that the Council of said City may, by a vote of five of the members-elect of said Council, di~jde such of said Council districts as may contain over four hundred (400) resident electors into two (2) or more election precincts of said district fuld, from time to time, designate by resolution or ordinance such election precincts as aforesaid as may be deemed necessary, in order to provide for the convenience of the electors. ~...----~~....~ (Whi!dwlPk~ --~-- The Manager shall keep the Mayor and Council fully advised as to the financial condition and needs of the City, and shall prepare and submit tQ the . Council the annual budget. 'I' The Manager shall perform such other duties as may be prescribed by the . Charter or by law or required by ordinance or resolution adopted by the Coun- cil. . Sect. 4.07. CltY.Clerk. The City Clerk shall be appointed and removed by the City Manager. The Clerk shall be chosen solely on the basis of training, expe- rience, and administrative qualifications. ~ Sect. 4.08. City Clerk -- Powers ang Duties. The City Clerk shall be subject to the direction of the City Manager. The Clerk shall act as secretary of the Council. The Clerk's duties shall include the keeping of the official seal and public records, the custody and disbursement of public funds, the adminis- tration of oaths, and affirmations, the taking and certifying of acknowledg- ments, and by general administration of the affairs of the City as prescribed by the Charter or by law or required of the Clerk by ordinance or resolution adopt- ed bY.,the Council: (Ref. Drd. 898,8/24/93). . THE LEGISLATIVE BRANCH Sect. 4.09. Council .- Election and Term of Office. The legislative powers of the City of White Bear Lake shall be vested in a Council of five (5) members, one (1) member to be elected from each of the five (5) Council Districts of the City, except as otherwise Provided by Section 3.06. They shall be residents of the City and C.ouncil Districts from which they are elected and qualified, The regular Council terms shall be staggered and Co.uncilmembers shall be elected for a four (4) year term as follows: Th€1 Council person from Districts 2 and 4 shall be. elected in the same .year as the M~yor; Council. person from Districts 1, 3 and 5. shall be elected two (2) years after the mayoral election. (Rev. by Drd. No. 90-09-619, 9/25/90;' 90-09-820) Sect. 4.10. Council -. Power and D~t1eS. All powers of the City shall be vested in the City Council. except as otherwise provided by law or this Charter, and the Council shalf provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law. The Council may initiate action for the removal of appointive officers by four-fifths vote. Sect. 4.11. Council .. Independent Audit and . Investigations. The Council shall provide for an independent annual audit of all City accounts and may provide. for such other audits as it deems necessary. Such audits shall be made by the State or by a certified public accountant or firm or such accoun- 7 'if " t;i 'p. h ~, '. ~ ~ .. .. _ .._....., .....,...." ,.~'''~,,:.."'',;-'.":;,.':,~i''':2;)j.;i~ \';.;.1iili~E2';\~:w~ ARTICLE I Powers of the City S~ction 1.01. POWERS OF THE CITY. The City of Wilhnar, hereinafter called the City, shall have all the powers, fun~tions, rights and privileges possessed by it prior to the adoption of this charter and all powers, func- tions, rights and privileges possible fol' a city to have under the constitution and laws of the State of Minnesota as fully and completely as though they were specifically enumer- ated in this charter. Sec. 1.02. CONSTRUCTION. The powers of the City under this charter shall be construed liberally in favor of the City, and the specific mention of particular powers in this charter, or in amendments thereof, shall not be con- strued as limiting in any way the general power stated in this Article. Sec. 1.03. INTERGOVERNMENTAL RELATIONS. The City, except where prohibited by law, may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly, or in cooper- ation, by contract or otherwise, with the State of Minne- sota or anyone or more states, or civil divisions or agencies thereof, or the United States or any agency thereof, or of any municipal corporation or political subdivision. ARTICLE II City Council Section 2.01. COMPOSITION OF THE COUNCIL AND TERMS OF COUNCILMEN. There shall be eight members of the City Council, two from each ward, elected for four-year terms with the terms staggered so that one Councilman from each ward is elected at each biennial election. Sec. 2.02. ELIGIBILITY OF COUNCILMEN. Only qualified voters of the City shall be eligible to hold the office of Councilman. For the purpose of this section a qualified voter need not have registered. Sec. 2.03. GENERAL POWERS AND DUTIES OF THE COUNCIL. All powers of the city"shall be vested in the Council except as otherwise providtd by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obliga- tions imposed on the city by law. Sec. 2.04. PROHIBITIONS: INCOMPATIBLE OF- FICES. Except where authorized by law or this Charter, no Coui:1cilman shall hold any other city office or city em- 2 ,City of 'Columbia Heights Population by Quadrant I NW 3616? I o Census Block (de"'l Data: 2000 Census , ", " ,Map Date: May 12. 2005 :-',;":,,',, 'j Author: Columbia Heights GIS . City of Columbia Heights Population by Quadrant o Census Block 'City of Columbia Heights Population by Quadrant with Census Block Populations i Data: 2000 Census Map Date: July 20, 2005 ......;, Author: Columbia Heights GIS o Census Block *' Discussion on Topic of Wards/Districts in the City .-}f President Sturdevant brought up the idea of having more geographically distributed council representatives throughout the city by having wards/districts. Commissioner Buboltz stated that we have very different neighborhoods in the city now. There are a lot of pros and cons to this issue. The Recording Secretary was asked to contact the League of Mumesota Cities for any research they have on this issue, including pros and cons and size of cities that do have wards/districts. Discussion on Politicians Buying Property in the City Commissioner Korday had questions for the City Attomey about the recent transactions that took place between current politicians and buying property in the city. She wanted to know if there were any stop guards in place now to avoid this happening again, or if ones could be put in place. The City Attomey explained that he was asked about this situation, and he advised that they could not vote or take part in any discussions on this issue on a council level. At the EDA level, then the politicians involved decided to abstain from voting or holding discussions at that level. When asked if there are any laws to prevent this from occurring, the City Attomey also advised that there are stop guards in place now (in the state statutes). Commissioner King left the meeting at 8: 12 p.m. Commissioners discussed having trust in their city officials; others felt the public trust was broken because their fudiciary duty to the general public was broken. NEXT MEETING DATE The next Charter Commission meeting will be April 21, 2005, at Murzyn Hall at 7 p.m. ADJOURNlVIENT Motion by Commissioner Schmidt, seconded by Commissioner Buboltz to adjoum the meeting at 8:18 p.m. Motion passed unanimously. ResRectfully submitted, /..7J /\/~J (jli / fJ/i'7 () Ic~. & v . ~ . " . t-.-( b I - t/LA2--C~__ Carole J. Blower{" Recording Secretary Page 4 January 20,2005 existing bonds shall be authorized by four fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bides) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four-fifths vote of the cOlU1cil. Commissioner Vogtman stated he didn't think the charter should make it too easy for the COlUlcil on the issue of bonding, and the council should use due diligence. Bond rates can fluctuate (go higher or lower), but he didn't feel they would fluctuate that quickly. He suggested changing the waiting period to 10-15 days instead of changing the whole process or method. Some felt we should do something on this issue before the next bonding event may arise, so that the city could take advantage of possible savings. Commissioner Korday views the stock market as more volatile than the bond market. She wondered what other cities have in their charters regarding this issue, and feels more research needs to be done. The Recording Secretary will contact the Research Department at the League of Minnesota Cities to learn how other cities handle this subject, and to obtain any further information they may have regarding this issue. Mayor Peterson felt we should ask our [mancial advisors (Mark Ruff from Ehlers and Associates) to clarify if it has been an issue the way the city chalier currently reads. After further discussion, it was the consensus of members present to invite our city's financial consultant to come to our next Charter Commission meeting to discuss this issue further. Motion was made by Commissioner V ogtman, seconded by Commissioner Johnson, to table the second reading on this proposed charter change until we have more information. Motion passed 6-5-4 absent. NEW BUSINESS Upcoming 2005 Community Prayer Breakfast Mayor Gary Peterson invited all commission members to attend the 2005 Community Prayer Breakfast which will be held on May 11, 2005, at 7 a.m. at Murzyn Hall. The guest speaker is Andrew Wyatt, and musical selections will be provided by Youth Encounter. Tickets are $20 and are available at City Hall, Bobby & Steve's Autoworld, and from the Mayor. ~ Discussion on Topic of Wards/Districts in the City ,1(- In January, the Recording Secretary was asked to contact the League of Minnesota Cities for any research they had on this issue, including pros and cons and size of cities that do have wards/districts. All commission members received this packet of information prior to tonight's meeting for their review. Different ideas, such as having some representation at large and some from districts, were discussed. There are definite advantages and disadvantages to having the city divided into wards or districts. Some major advantages were cited, such as campaigns could be more focused and less costly, therefore possibly raising Page 3 April 21, 2005 interest levels for candidates who have limited funds. Being responsible for calls/complaints about a certain area of the city could also be considered an advantage for some to lUn. It was stated that some citizens feel they are left out if they don't have a councilmember representing them fr'om their area. The Mayor stated at a recent council meeting a resident suggested we increase the number of people on the city council and since we are talking about wards/distticts, it would probably be a good idea to discuss this idea as well. Some felt since we are a growing community and first ring suburb, consideling more councilmembers could be a good idea. Another suggestion was to increase the Mayor's term from two years to four years. Vice President Patiuk stated he had some questions for the City Attorney regarding this issue, i.e., if there has to be a specific number of people in each ward, what would detennine the boundmies, and questions about the process itself so we do not invite litigation. The City Attorney could provide more infmmation to the commission on these questions at our next meeting. The Mayor stated he would like to see more young people lUn for council and more people get involved from our different cultures to reflect our city's diversity. If the city was equally divided in four distticts size-wise, the question was asked what would the population be in each quadrant. There would have to be a fairly equal number of voting residents in each quadrant. The Recording Secretary will contact the Public Works Department to see if their GIS system could provide this information for our next meeting. Charter Commission members were also encouraged to discuss this issue with their neighbors and friends to get more informal input on this subject before our next meeting. NEXT lVlEETING DATE The next Charter Commission meeting will be July 21,2005, at Murzyn Hall at 7 p.m. ADJOUPJ'n\1ENT Motion by Commissioner Hartel, seconded by Commissioner Korday to adjourn the meeting at 7:58 p.m. Motion passed unanimously. Respectfully submitted, /~) .. .' - G ~. 9' }:2 ~62-c/C..}--e--L-, /71 v I / ~ef. ____ <::i'c-t:-- .. .. j Carole J. Blowers Recording Secretary Page 4 . Apri121, 2005 Motion by COlmnissioner Buboltz, seconded by COlmnissioner Hartel to approve the second reading on the proposed change to Chapter 7, Section 72 indicated above, and forward to the City Council for their action. Motion passed lmanimously. " . *Discussion on Districts/W ards -1f. This topic is ongoing from the past couple of commission meetings. In May, the Recording Secretary mailed commission members maps showing the population figures if the city was sectioned off in four sections (with Central Avenue and 45th Avenues as dividing lines). This map was prepared by the Public Works GIS area and used the 2000 census data. Using this map, the population by quadrant is as follows: NW-3,667 NE-3,659 SW-5,744 and SE-5,450. The Recording Secretary also passed out at tonight's meeting a map using Central Avenue and 44th Avenue as dividing lines. This map was also prepared by the Public Works GIS area and used the 200 census data. Using this map, the population by quadrant would be as follows: NW -4,550 NE-4,115 SW -4,911 and SE-4,994. The City Attorney stated that the map using Central Avenue and 44 th Avenue brought the population figures more into line for each quadrant. An additional map using Central Avenue and 44th Avenue as dividing lines was provided tonight also, which also indicated census block populations. Commissioner Patiuk asked how close in population does the quadrants have to be. The City Attorney stated he believed it is a certain percentage governed by state statutes. If the city would be divided into four quadrants, one councilmember would represent each quadrant, and the Mayor would run at large. It was also reiterated that there has been some discussion that two more councilmembers should be added. There was discussion on the fact that it would seem unrealistic to divide the city into more than four districts. So if and when any additional councilmembers were added, they would also be mnning at large. Commissioner Ritzko questioned what would happen if we did divided the city into four quadrants and no one decided to mn in one of the quadrants. The City Attorney stated that there more than likely would be wlite-in candidates, and if not, the Council could appoint the person currently serving in that district or someone new, or decide to hold a special election. Commissioner Laine stated that with development in the SW quadrant (the Industrial Park area), an increase in population from veri little to possibly many new residents could make a difference in that quadrant. The City Attorney stated that perhaps 200 lmits will be built there in the next few years, with a possibility of about 360 additional residents. Charter Commission July 21, 2005 Page 3 Commissioner Hartel stated that the population totals will also change for the NE quadrant due to the addition of The Lofts. It was estimated that an additional 380-400 residents could change the totals for that quadrant. The City Attorney also stated that other possible sites that could change quadrant totals are the redevelopment ofMady's Bowling area (75-100 additional residents) and NEI. He also stated that at this time, there is nothing on the table for the NEI site. These are all good things to talk about in discussing this issue. The City Attorney stated that he could come up with proposed wording for the City Charter to reflect a change to wards or districts. There would also be parts of the existing charter that would have to be amended/modified relating to elections. The City Attorney reiterated the procedure on proposed changes to the city charter. There are two readings at the commission level, and two readings at the city council level. The city council has the option of passing the proposed revisions unanimously (which are done by ordinance) or returning them to the commission for possible modifications. The Charter Commission can make modifications to the amendments or place the item on the ballot for the voters to decide for themselves. This fall there will be a special election held on November 8 regarding the school district's proposed levy. Commissioner Laine stated that dividing the city into wards/districts helps keep the costs down for mailing campaign literature and also allows that councilmember to focus on details of their own district, still keeping the good of the entire city in mind. The City Attorney suggested that the Charter Commission ask the City Manager to set up a joint meeting with the City Council to discuss the pros and cons of this issue and get a feel for how the council feels on this issue. Such a meeting could be held in the Council Chambers so it is large enough to hold evelyone from this commission and the City Council. It was suggested that a packet of infonnation be provided to everyone ahead of the meeting, and should include all the information that the Recording Secretary has already provided Charter Commission members to date and any other material that is put together by the Charter Commission and/or city staff. This meetit""1g could be on a regularly scheduled work session date or a special meeting date. Motion by Commissioner Buboltz, seconded by Commissioner Hartel, to request a joint meeting with the City Council on this issue. Motion passed lmanimously. The Recording Secretary will discuss this with the City Manager and report to all Charter Commission members when and where this meeting will take place. New Business Other Topics of Discussion Commissioner Hmiel stated that in the absence of our Council Liaison tonight, it would have been informative to have someone else from the cOlmcil present to hear the Charter Commission's discussion on districts/wards, as well as the infonnation Mr. Ruff presented tonight and the Charter Commission's discussion on that issue. Commissioner Buboltz stated that when council liaisons cannot make commission/board meetings for which they are a liaison, they usually do not arrange for another councilmember to attend in their place. However, when there are significant items of discussion on the Charter Commission July 21, 2005 I Page 4 PROS AND C:ONS OF W ARDIS/DISTRICTS: PROS CONS Ballots are shorter and simpler. Ward boundaries do not necessarily delineate homogenous areas so there may not be a ward interest that would justify separate representation. Voters likely to have direct, personal knowledge about qualities of Some voters may fmd there is no candidate in their ward they want to those seeking to represent them, thereby making a more intelligent support, but there's another candidate in another ward they would. choice. After the election, the council member will keep in doser touch with It's possible in some wards there will be difficulty in finding qualified and his/her constituents. interested candidates. Insofar as wards have special interests, these will be represented. Wards can encourage a spirit of localism since the basis of selection tends to be service to the ward. Insofar as wards contain distinct social, ethnic, and economic groups, Wards may foster divisive competition for scarce resources. the council will be a better cross-section of the entire city. If a minority is concentrated in one geographic area of the city, the Politically active or special interest groups may be overrepresented by ward system increases its chance of securing some representation on targeting certain wards. the council. Campaign costs to a council candidate would be much lower, as the Once established, boundaries are difficult to change, and redistricting may be candidate would have to only canvass a specific area of the city, not expenSIve. the whole city (unless they were running for an at-large position). Each geographical area of the city will be assured some If no one decided to run in a specific quadrant, write-in candidates would be a representation, thus not leaving anyone feel like they are not possibly, as well as the council appointing the cun'ent member or someone "represented" from their area. new. A special election is also a possibly in this case. Council members will be able to have closer contact with their constituents and be more response to their needs. If the city considers the wards/districts option, it would be a good time to also consider increasing the size of the council and possibly increasing the length of term for the Mayor. n may be an opportunity to get younger people to nm for office, as well as minorities. Increases in population in certain quadrants (i.e., Industrial Park, The Lofts, NEI site, Mady's Bowling Alley/Salvation Army site) of the city due to development/redevelopment may change some of the proposed quadrants currently being looked at. Elections could be less expensive, as fewer polling places and election judges will be needed. Voters might fmd it less difficult to fmd their correct polling place initially.