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HomeMy WebLinkAboutJanuary 19, 2006, Minutes OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JANUARY 19, 2006 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, Jim Johnson, Nancy King, Scott Kyseth, Carolyn Laine, Mike Patiuk (7:12 p.m.), Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Katy Korday Members absent and unexcused: Clare Schmidt Council Liaison for 2006, Tami-Ericson Diehm, was present. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Approval of Minutes of October 20, 2005 Motion by Commissioner Buboltz, seconded by Commissioner Hartel, to approve the minutes as submitted for the October 20, 2005, meeting. Motion passed unanimously. Election of Officers President Sturdevant asked commissioners for nominations for President. Motion by Commissioner Johnson to nominate Joe Sturdevant for President. Joe Sturdevant declined the nomination. Motion by Commissioner Laine to nominate Mike Hartel for President. President Sturdevant called for nominations for President three times. There being no further nominations, Mike Hartel was elected President via a white ballot. It was decided that Joseph Sturdevant would continue to run tonight’s meeting. President Sturdevant asked commissioners for nominations for Vice President. Motion by Commissioner Sturdevant to nominate Bob Buboltz. President Sturdevant called for nominations for Vice President three times. There being no further nominations, Bob Buboltz was elected Vice President via a white ballot. President Sturdevant asked commissioners for nominations for Secretary. Motion by Commissioner Vogtman to nominate himself. President Sturdevant called for nominations for Secretary three times. There being no further nominations, Dan Vogtman was elected Secretary via a white ballot. Therefore, officers for 2006 are: President Mike Hartel Vice President Bob Buboltz Secretary Dan Vogtman Correspondence The Recording Secretary advised the following correspondence took place since the last meeting in October: ?? Revisions were made to the City Charter regarding Chapter 7, Section 72, Bonded Debt and Debt Limit, and copies were provided to the Mayor and Council, division heads, charter commission members, local schools, and the League of Minnesota Cities. Charter Commission January 19, 2006 Page 1 ?? The City Attorney’s office forwarded a copy of proposed changes to the City Charter regarding the issue of wards/districts. A strike-out/underline version of these changes was prepared for commission members to be included in the packets for tonight’s meeting. A cover memo was also prepared to introduce the proposed changes from the City Attorney regarding the issue of wards/districts. ?? Tonight’s agenda was prepared and mailed. ?? Member e-mail/phone number update forms were prepared. ?? The 2005 Annual Report of the Charter Commission was prepared for review by the members. President Sturdevant asked if any members had any other correspondence since our last meeting. There was no further correspondence reported. Status of Membership The Charter Commission has its full complement of fifteen members at this time. Slips were passed out to members to verify their current phone and e-mail addresses for the Recording Secretary. The City Attorney arrived at 7:10 p.m. Old Business Annual Board/Commission Dinner The annual board/commission recognition dinner was held on Wednesday, December 14, 2005, at Murzyn Hall. Some members of this commission were in attendance. This year’s caterer was Classic Catering. It was suggested that perhaps a different caterer could be used next year, as the food was not as good as usual. New Charter Pages New city charter pages were provided to commission members regarding the ordinance changes made to the Bonded Debt section. Motion by Commissioner Sturdevant, seconded by Commissioner Buboltz to accept the updated pages. Discussion on Districts/Wards This topic is ongoing from the past several commission meetings. Commission members were provided, in advance, wording put together by the City Attorney’s office regarding what needed to be changed in the charter to divide the city into four wards or districts and add two city councilmembers at large. There was discussion about using the word “ward”, and should either the word “district” or “precinct” be used instead. It was decided to keep the word “ward” throughout the proposed language. Commissioner Laine addressed the proposed wording for Section 7a, WARDS, the fourth sentence concerning who will review the ward boundaries. She stated that it was the wish of the Charter Commission members present at the last meeting that the Charter Commission would be the body that would review the boundaries. Commissioners Buboltz, Hartel, and Vogtman stated the Charter Commission was to have control of the boundaries, as originally discussed. Commissioner Laine also questioned the City Attorney about Section 7a, WARDS, in which it states that “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.” She felt that the boundaries had to be changed anytime if the populations between wards varied between a certain percentage. There was further discussion on this item. Charter Commission January 19, 2006 Page 2 Commissioner Vogtman asked if a councilmember moved out of their ward (but still lived in the city) during their term of office, would they be allowed to finish out their term and then file in the new district or ward they live in or what? The City Attorney stated that the way the proposed reading stands, if a councilmember moved from their elected district or ward, it would end their term. However, that person would not be disqualified if the boundaries changed during their term. first paragraph The section of the charter that addresses this is the of the proposed Section 9. VACANCIES IN THE COUNCIL which is proposed as follows: A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, or of the ward from which elected (except as provided in Section 7a), continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. After this discussion, motion by Commissioner Vogtman, seconded by Commissioner Johnson, to remove the proposed wording “or of the ward from which elected (except as provided in Section 7a)” from Section 9, VACANCIES IN THE COUNCIL. There was further discussion on what should happen if a councilmember moved out of their ward (but still lived in the city). It appeared commissioners felt that if a councilmember moved out of their ward (but still lived in the city), they should be allowed to finish out their term and then file in the new district or ward they live in if they wanted to. Commissioner Druckrey asked if this should be clarified in Section 7. The City Attorney stated he definitely felt it should be in Section 9. The City Attorney stated he could put different language in Section 9 to address the situation if a councilmember moves from his or her particular ward, but is still a would resident of the city, they be able to serve out their term they were originally elected for. If they wish to continue to serve beyond that, the person would have to run in their new district. Commissioner Vogtman agreed to amend his original motion, and Commissioner Johnson agreed to second this amendment to the original motion to redraft wording as part of Section 9 to reflect that a councilmember moving from his or her particular ward (and still living in the city) would still be allowed to serve out their elected original term. Amended motion passed unanimously. Motion by Commissioner Laine to change the wording regarding the review of the ward or district boundaries to be made by the Charter Commission (not the City Council) and that it needs to be reapportioned by Charter amendment. Councilmember Ericson-Diehm stated that if the City Council votes on this amendment and it does not pass unanimously, the Charter Commission will then have to put the item on the ballot, possibly at a special election. Charter Commission January 19, 2006 Page 3 Commissioner Vogtman stated that the Charter Commission might have to meet more often. Commissioner Laine had another suggestion that perhaps an independent commission could be set up by the Charter Commission to review boundaries. The City Attorney stated he felt the city council would take care of the boundary issues and redistricting as needed, even though it could be challenging. He stated that the proposed wording put together by his office incorporates the wording of many other city charters. Commissioner Vogtman stated he didn’t feel the Charter Commission should remove a layer of control from the City Council. Commissioner Kyseth stated he was in favor of a small group overlooking the boundaries instead of the having this done by the entire commission. Commissioner Buboltz wanted to know how many times would we have to redistrict? Discussion then centered on whether there should be just a simple majority of the council to decide on the boundaries, or a super majority. Commissioner Hartel stated that after hearing all the discussion tonight, maybe the Charter Commission should not review the boundaries and redistricting issue, but leave it up to the City Council. Many members felt a transition schedule needs to be addressed. The City Attorney stated he felt this was premature, as the proposed charter changes need to be read again at another Charter Commission meeting and then passed on to the City Council, where they have sixty days to act on it. Councilmember Ericson-Diehm stated that philosophically, she does not agree with the proposed charter changes to divide the city into four wards or districts. The city is only 3.5 square miles in size. She stated that if there are wards or districts, those elected may consider representing their “special area” only and may not consider themselves as representing the entire city. She feels that choice of candidates in a specific ward or district of the city could be very limited. However, she also stated it would be easier to campaign if there were wards. Commissioner Vogtman stated that he used to think like Councilmember Ericson-Diehm, but after discussing this issue for some time now, he has changed his mind. After consideration, he is in favor of adding more people to the city council and adding members at large. He stated that maybe we should consider having only two wards or districts, and let the rest of the councilmembers run at large. Commissioner Laine stated that if you have enough money to run for office, you can use the Post Office. If not, you need to walk around the entire city. Some members felt that the prevalence of campaign street signs is a big factor as well. Voting statistics were discussed. There are approximately 10,000 registered voters, and 7,000 actually vote. Some members felt that some people don’t vote if they don’t know who is running. Voting turnout could be even larger if people were running in specific wards or districts of the city, because those people would be “known” in their area. Discussion was held on whether or not to invite the councilmembers to another meeting with the Charter Commission. Some members did not feel it would be fruitful, as this was attempted before, and Councilmember Nawrocki was the only councilmember who appeared previously to discuss this issue with commission members as a whole. Charter Commission January 19, 2006 Page 4 Commissioner King stated she is not in favor of wards or districts; she does not think it is fair to have just one or two choices. She likes to select her councilmembers on the basis of business experience and background. She also stated that it is not that costly to place campaign ads in the local papers, and some people on this commission support this ward issue because they have run in the past and lost. President Sturdevant stated that in 1980, there were some people running for office unopposed. He could recall in 1993 or so, that 16 or 17 people ran for council seats in the primary. All city council members at the present time live on the east side of Central Avenue. The concern of not every having every area of the city represented is still a common comment. He also reminded members that the number of places to go vote would go down from eight to four. Commissioner Hartel asked the City Attorney about the wording that was crossed out in Section 8, INCOMPATIBLE OFFICES, that was provided to commission members. The City Attorney stated that he will check the current charter language, but it appeared that the wording underlined in that section should be omitted from the changes being considered tonight. Commissioner Laine’s motion died for a lack of a second. Motion by Commissioner Buboltz, seconded by Commissioner Laine, to forward to the City Council the proposed charter language as amended tonight. The language that was being voted on is as follows: PROPOSED CHANGES TO CHAPTER 2 FORM OF GOVERNMENT (Note: Underlined material indicates new language; crossed out material indicates current language to be deleted.) Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a the Mayor, elected at-large, two councilmembers elected at-large, and four council members, each of whom who shall be qualified electors, and who shall be elected from a separate ward as established or amended pursuant to this charter. at large in the manner hereinafter provided. The Mayor and councilmembers shall be qualified 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 hereinafter provided, councilmembers The four council members shall serve for a term of four years and until their a successors is are elected and qualifiesd. The Mayor shall serve for a term of two years and until a successor is elected and qualifiesd. The council shall be judge of the elections of for the Mayor and councilmembers shall be held as (Ordinance No. 1466, passed December 15, 2003)(Ordinance No. 1300, passed April provided herein. 10, 1995) Section 7a. 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 census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made by the Council and the wards Charter Commission January 19, 2006 Page 5 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. The wards of the City are those described herein on the effective date of this Charter amendment. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's (Ordinance No. 1086, passed June 11, 1984) term. Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause (New language will be inserted here that if a as may be provided for in Minnesota Statutes, as amended. councilmember moves out of their ward (but still lives in the city), they may serve out their original elected term.) In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall (Ordinance No. 1331, passed September 23, 1996) be filled in the manner provided in such case. (Ordinance No. 1086, passed June 11, 1984) It was pointed out that the proposed charter language being reviewed tonight could not just be forwarded to the City Council, as it needs two readings at the Charter Commission level. Motion was amended and seconded that this be considered the first reading at the Charter Commission level on the proposed charter language as amended tonight. Roll call vote was as follows. Ayes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Kyseth, Laine, Patiuk, Ritzko, Sturdevant, Sturdevant, Vogtman. Nays: King. Abstain: None. Absent: Korday, Schmidt. Motion passed. Charter Commission January 19, 2006 Page 6 New Business 2005 Annual Report Motion by Commissioner Vogtman, seconded by Commissioner Hartel to approve the 2005 Charter Commission Annual Report as presented. The Recording Secretary will forward a copy to the Chief Judge and City Clerk. Next Meeting Date The next regular Charter Commission meeting date is April 20, 2006, at 7 p.m. at Murzyn Hall. President- Elect Hartel stated there could be a special meeting called of this commission before then. Adjournment Motion by Commissioner Vogtman, seconded by President-Elect Hartel to adjourn the meeting at 8:20 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission January 19, 2006 Page 7