HomeMy WebLinkAboutJuly 17, 2008, Charter Commission MinutesCOLUMBIA HEIGHTS CHARTER COMMISSION
MINUTES
July 17, 2008
7:00 p.m.
Keyes Room
Murzyn Hall
Call to Order
The meeting was called to order by President Joe Sturdevant at 7:00 p.m.
Roll Call
Members present: Bob Buboltz, Barb Gertsema, Roger Johnson, Nancy King, Carolyn Laine
(7:08 p.m.), Mike Patiuk, Rachel Schwagel, Joseph Sturdevant, Joe
Sturdevant, and Dan Vogtman
Members absent and excused: Katy Korday
Members absent and unexcused: Lori Ritzko
Council Liaison, Tami Ericson-Diehm, was not present.
City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers, were present.
Other guests present: Scott Nadeau, Police Chief; Gary Gorman, Fire Chief; Harold Netkow,
Police/Fire Civil Service Commission.
Approval of minutes of April 16, 2008
Motion by Commissioner Vogtman, seconded by Commissioner Sturdevant, to approve the
minutes of April 16, 2008, as presented. Motion passed unanimously.
Status of Membership
Introduction of new Charter Commissioner
Rachel Schwagel was welcomed to the Charter Commission. President Sturdevant gave a brief
overview of the role of the Charter Commission. At the current time, there are three vacancies.
Reco~nition of Out.°~oin~ Commission Member
President Sturdevant acknowledged Jim Johnson, who has served for the past four years on the
Charter Commission. Mr. Johnson was unable to attend the city council meeting of July 14th for
his recognition, so he was invited to attend tonight's meeting to receive his recognition. Mr.
Johnson thanked the Charter Commission members and gave a brief speech.
Old Business
Second Readin~ of Ordinance Chan~es to the City Charter
The Charter Commission held their first reading of changes that need to be made to the City
Charter regarding City Clerk vs. City Treasurer duties on April 16, 2008.
City Attorney, Jim Hoeft, stated that the duties of the City Clerk and City Treasurer will be
performed by separate individuals in the future, and the City Charter needs to be updated to
reflect this change. One reason for separation of duties in these roles is in support of accounting
controls and audit purposes. The City Attorney stated that Patty Muscovitz, the former Council
Secretary/Deputy City Clerk, became a Certified Municipal Clerk, and the council decided last
year to change her title to City Clerk Bill Elrite, Finance Director, formerly held the title of City
Clerk/Finance Director/City Treasurer.
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Columbia Heights Charter Commission
Commissioners received the proposed changes in ordinance form in their packet. Sections of the
City Charter that need to be changed are as follows:
Chapter 6, Section 55, Subordinate Officer
Chapter 7, Section 66, Levy and Collection of Taxes
Chapter 8, Section 77, Local Improvements How Made
The exact suggested changes are as follows:
ORDINANCE NO.
BE1NG AN ORDINANCE AMENDING
CHAPTER 6, SECTION 55,
CHAPTER 7, SECTION 66, AND
CHAPTER 8, SECTION 77,
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO SUBORDINATE OFFICERS,
LEVY AND COLLECTION OF TAXES, AND
LOCAL 1MPROVEMENTS, HOW MADE
The City of Columbia Heights does ordain:
Section 1:
Chapter 6, Section 55, of the Charter of the City of Columbia Heights which currently reads as
follows, to wit:
SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to
the city manager as the council may create by ordinances passed by a four-fifths vote. The city
clerk shall be subject to the direction of the city manager, and shall have such duties in
connection with the keeping of the public records, the custody and disbursement of the public
funds, and the general administration of the city's affairs as shall be ordained by the council. The
city clerk may be designated to act as secretary of the council and shall act as city treasurer until
the council by ordinance otherwise provide. The council may by ordinance abolish offices
which have been created by ordinance, and it may combine the duties of various offices as it may
see fit. (Ordinance No. 1086, passed June 11, 1984)
IS HEREWITH AMENDED TO READ AS FOLLOWS:
SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to
the city manager as the council may create by ordinances passed by a four-fifths vote. The city
clerk shall be subject to the direction of the city manager, and shall have such duties in
connection with the keeping of the public records, *'~° ~~~~*~~'~, ~„~' ~';~'~„r~°m°„* ~~ *'~° „„'~';~
€t~s, and the general administration of the city's affairs as shall be ordained by the council. The
city clerk may be designated to act as secretary of the council ~r~' °'~~" ~~* ~° ~~*~~ *r°~°~~r°r ~~r*~'
*~Ee~c~l~~e~ ~~~~~'°. The council may by ordinance abolish offices
which have been created by ordinance, and it may combine the duties of various offices as it may
see fit. (Ordinance No. 1086, passed June 11, 1984)
Chapter 7, Section 66, of the Charter of the City of Columbia Heights which currently reads as
follows, to wit:
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Columbia Heights Charter Commission
LEVY AND COLLECTION OF TAXES. The city clerk shall transit to the county auditor
annually, not later than October 10 or such other date as may be fixed by state law, the budget
resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected
and payment thereof shall be enforced in accordance with this charter and applicable state law.
No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall
any tax be invalid because the amount levied shall exceed the amount required to be raised for
the special purpose for which the same is levied, but in such case the excess shall go into the
fund to which such tax belongs. (Ordinance 1079, passed March 26, 1984)
IS HEREWITH AMENDED TO READ AS FOLLOWS:
LEVY AND COLLECTION OF TAXES. The city c-1-e~1~ Treasurer shall transmit to the county
auditor annually, not later than October 10 or such other date as may be fixed by state law, the
budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be
collected and payment thereof shall be enforced in accordance with this charter and applicable
state law. No tax shall be invalid by reason of any informality in the manner of levying the
same, nor shall any tax be invalid because the amount levied shall exceed the amount required to
be raised for the special purpose for which the same is levied, but in such case the excess shall go
into the fund to which such tax belongs. (Ordinance 1079, passed March 26, 1984)
Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads as
follows, to wit:
LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake
local improvements by resolution passed by four-fifths of its members. The council shall make
such local improvements upon petition of not less than fifty percent of the resident owners of the
real estate to be assessed therefore as shown by the records in the office of the register of deeds
of Anoka County. The council may thereupon assess the cost of such improvement, or any
portion thereof, against the property specially benefitted by such improvement.
When the council shall determine to make any improvements described in this chapter, it
shall cause an estimate of the cost of such improvement to be made by the city manager. In no
case shall the amount specially assessed for any one year exceed fifty percent of the last total full
valuation of all the real estate within the benefitted area as shown on the assessor's books by the
assessment last made.
In computing the value of the real estate, all improvements are to be excluded. In
computing the above mentioned fifty percent, outstanding and unpaid special assessments
against the property in the benefitted area shall be considered part of such fifty percent. After
such estimate is made, the council may proceed at once to assess the estimated cost thereof,
against the property to be benefitted thereby, in proportion to the benefits to result thereto. The
above fifty percent shall not be construed as limiting the council in spreading assessments on the
individual properties. In making such assessment roll, the council shall describe each parcel of
land assessed and state the amount assessed against the same, and shall state the name of the
owner thereof as far as known to the council, but any mistakes in or omission of such owners
name shall in no way affect such assessment. If the work is completed before any assessment is
made or if the amount assessed shall be insufficient to complete the work, the council, after the
completion of such work, shall make a final assessment to pay the same.
To defray the expenses of such improvement, the city may, acting through its council, by
ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such
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Columbia Heights Charter Commission
ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be
payable in annual installments as nearly equal in amount as conveniently may be, over a period
not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per
annum, payable annually or semi-annually, which interest may be evidenced by appropriate
interest coupons and shall be in such form and denominations, all as the council shall by
ordinance determine and shall be signed by the mayor and city manager and countersigned by
the city clerk Such certificates of indebtedness may be used in making payment on contracts for
the improvements for which the assessments are made or may be sold for cash for not less than
par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for
paying for said improvements. Monies received from said assessments shall be used to pay said
certificates of indebtedness and if the monies received from such assessments are insufficient to
meet the payment of the principal and interest of said certificates of indebtedness, the council
shall provide monies for the payment of the same. The amount of such certificates of
indebtedness at any time outstanding shall not be included in determining the city's net
indebtedness under the provisions of this chapter.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake
local improvements by resolution passed by four-fifths of its members. The council shall make
such local improvements upon petition of not less than fifty percent of the resident owners of the
real estate to be assessed therefore as shown by the records in the office of the register of deeds
of Anoka County. The council may thereupon assess the cost of such improvement, or any
portion thereof, against the property specially benefitted by such improvement.
When the council shall determine to make any improvements described in this chapter, it
shall cause an estimate of the cost of such improvement to be made by the city manager. In no
case shall the amount specially assessed for any one year exceed fifty percent of the last total full
valuation of all the real estate within the benefitted area as shown on the assessor's books by the
assessment last made.
In computing the value of the real estate, all improvements are to be excluded. In
computing the above mentioned fifty percent, outstanding and unpaid special assessments
against the property in the benefitted area shall be considered part of such fifty percent. After
such estimate is made, the council may proceed at once to assess the estimated cost thereof,
against the property to be benefitted thereby, in proportion to the benefits to result thereto. The
above fifty percent shall not be construed as limiting the council in spreading assessments on the
individual properties. In making such assessment roll, the council shall describe each parcel of
land assessed and state the amount assessed against the same, and shall state the name of the
owner thereof as far as known to the council, but any mistakes in or omission of such owners
name shall in no way affect such assessment. If the work is completed before any assessment is
made or if the amount assessed shall be insufficient to complete the work, the council, after the
completion of such work, shall make a final assessment to pay the same.
To defray the expenses of such improvement, the city may, acting through its council, by
ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such
ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be
payable in annual installments as nearly equal in amount as conveniently may be, over a period
not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per
annum, payable annually or semi-annually, which interest may be evidenced by appropriate
interest coupons and shall be in such form and denominations, all as the council shall by
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Columbia Heights Charter Commission
ordinance determine and shall be signed by the mayor and city manager and countersigned by
the city c-1-e~1~ Treasurer. Such certificates of indebtedness may be used in making payment on
contracts for the improvements for which the assessments are made or may be sold for cash for
not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund
and used for paying for said improvements. Monies received from said assessments shall be
used to pay said certificates of indebtedness and if the monies received from such assessments
are insufficient to meet the payment of the principal and interest of said certificates of
indebtedness, the council shall provide monies for the payment of the same. The amount of such
certificates of indebtedness at any time outstanding shall not be included in determining the city's
net indebtedness under the provisions of this chapter.
New Business
Discussion on Abolishment of the Police/Fire Civil Service Commission
City Attorney Jim Hoeft briefly discussed the letter dated July 1, 2008, from Harold Netkow and
David Briley, current Civil Service Commission members, concerning the abolishment of the
Civil Service Commission. This letter, provided in the Charter Commission members' packets,
clearly states that the current Civil Service Commission members have no objection to
abolishing the Civil Service Commission. The letter also stated that Anoka County abolished
their Civil Service Commission in 1998 after it had served the county for 41 years, as it was an
unnecessary duplication of regulations and services to have both that commission and a county
personnel system.
Main points to abolish the commission are:
1. The civil service process unnecessarily lengthens the timeline to select new people or
promote people from within. Because of the lengthy timeline, we have lost good
candidates to cities with a more streamlined testing/selection process.
2. The City has in place a professional Human Resources Department to efficiently
handle the hiring of new personnel and/or promoting employees from within the city.
Police Chief Nadeau stated he wanted to have a good discussion with the Charter Commission
members about this issue. He also stated that we have a professional human resources
department within the city, and between that and regulations, laws, and union contracts (which
include grievance procedures), there is an efficient system in place.
Fire Chief Gorman stated he had no problem with abolishing the Civil Service Commission.
Civil Service Commission President Harold Netkow stated the Civil Service Commission has too
much redundancy. He knows first hand that we have lost some really good candidates due to the
lengthy process.
Jim Hoeft stated that the entire City Council, and in particular Councilmember Nawrocki,
wanted the Charter Commission to be informed of the discussion on the abolishment of the Civil
Service Commission. He stated that the City Council could have went ahead to abolish the Civil
Service Commission without any discussion with this commission, and then the Charter
Commission could have decided to start a process to try and reinstate a new commission. It was
felt that members of this commission should hear collectively, as a group, what the reasons are
for abolishing the Civil Service Commission at this time.
The City Attorney stated that the Police Civil Service Commission was created through State
Statutes 419. The Firefighters Civil Service Commission was created through State Statutes 420.
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Columbia Heights Charter Commission
The city created a joint Police/Fire Civil Service Commission under State Statutes 419. In order
to abolish the Police Civil Service Commission, it used to be via petition of 25% of the legal
voters at the last general municipal election. That has changed. Now according to State Statutes
419, the joint Police/Fire Civil Service Commission can be abolished by unanimous vote of the
City Council.
Commissioner Laine asked if the Charter Commission should pass some kind of motion tonight
or write some kind of letter in regard to this matter. The City Attorney stated that the Charter
Commission does not have to take any action-this was merely the opportunity to present the
information to the Charter Commission and answer any questions members may have about it.
He stated the Charter Commission could submit a letter to the City Council, or someone could
come to the City Council meeting when this is on the agenda.
Commissioner Sturdevant commented on the maintenance of a list of potential, eligible
candidates. The Mayor is provided a list of the top three candidates for Police Chief to choose
from. The City Manager is provided a list of the top three candidates for Fire Chief to choose
from. He stated with this process, there is no favoritism. Chief Nadeau stated that out of 20
candidates interviewed, only four made it for the four open positions we have at this time.
The Police/Fire Civil Service Commission rules are available from Linda Magee or Carole
Blowers in Administration if anyone is interested.
Commissioner Vogtman made a motion to close the discussion on this matter, seconded by
Commissioner Sturdevant. It was suggested that Charter Commission members could attend the
city council meeting when this is voted on (if they so desire). Motion passed.
Motion by Commissioner Buboltz, seconded by Commissioner Sturdevant, to approve the
second reading of the proposed changes to the City Charter pertaining to Chapter 6, Section 55,
Chapter 7, Section 66, and Chapter 8, Section 77. Motion passed unanimously. These changes
will now be forwarded to the City Council for their approval.
It is anticipated that the City Council will pass the motion to abolish the Civil Service
Commission. It must be passed unanimously. This issue has come up at least two times before
in the past 14 years. The City Attorney stated he did not know exactly when this issue will be on
the City Council agenda, but it will need to be presented when all council members are in
attendance.
Next Meeting Date
The ne~t regular Charter Commission meeting date is set for October 16, 2008, at 7 p.m. at
Murzyn Hall.
Adjournment
Motion by Commissioner Johnson, seconded by Commissioner Buboltz, to adjourn the meeting
at 7:58 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary to the Charter Commission
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