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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. July i~, aoos Page 1 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: July i~, aoos Page 2 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 July i~, aoos Page 3 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 July i~, aoos Page 4 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. July i~, aoos Page 5 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 July i~, aoos Page 6 Columbia Heights Charter Commission