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HomeMy WebLinkAbout2010Jan21CharterCommMinutesCOLUMBIA HEIGHTS CHARTER COMMISSION MINUTES January 21, 2010 7:00 p.m. Training Room Public Safety Building 825 41St Avenue N.E. Columbia Heights, MN Call to Order The meeting was called to order by Secretary Mike Patiuk (who filled in for President Vogtman and Vice President Rachel Schwankl, who were absent) at 7:12 p.m. Roll Call Members Present: Matt Able, Roger Johnson, Carolyn Laine, Michael Patiuk, Nicholas Rivers, Charles A. Tyler Members absent and excused: Katherine Pepple, Rachel Schwankl Members absent and unexcused: Joe Clason, Nancy King, Dan Vogtman Tami Diehm, Council Liaison was unable to attend, but Councilmember Kelzenberg was present in her absence. City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers, were present. Membership currently stands at eleven. Approval of Minutes of October 15, 2009 Motion by Commissioner Able, seconded by Commissioner Tyler, to approve the minutes of October 15, 2009, as presented. Motion passed unanimously. Election of Officers Commissioner Patiuk asked if inembers present wished to proceed with election of officers tonight (for President, Vice President, and Secretary positions), as many members are absent. Motion was made by Commissioner Able, seconded by Commissioner Tyler, to table the election of officers. Correspondence The Recording Secretary reviewed the correspondence since October 15, 2009: 11/2/09 Set up 2010 meetings at new Public Safety Building with PD staff 11/4/09 Responded by letter to voicemail request of a resident about information about serving on the Charter Commission 12/14/09 Prepared recognition of Joseph Sturdevant, who resigned from the commission 12/22/09 Rec'd application from Nicholas Rivers; sent on to Chief Judge 12/30/09 Rec'd appointment of Nick Rivers from Chief Judge; prepared Nick Rivers' welcome packet/ oath; Nick Rivers came in to take oath 1/6/2010 Nick Rivers' oath submitted to Anoka County; received letter from Barbara Gertsema resigning from the commission; advised President Vogtman and Chief Judge of this vacancy 1/11/2010 Prepared draft of January agenda, and sent same as well as October minutes, and 2009 Annual Report to President for review for 1/21/2010 Charter Commission meeting 1/12/2010 Thank you letter sent to Barbara Gertsema; phone call to Barbara Gertsema regarding her recognition; set up recognition for Barbara Gertsema for January 25 (although Barbara will not be able to be present; asked materials be sent to her) Page 1 Columbia Heights Charter Commission January 21, 2010 Status of Membership of the Commission New Charter Commission Member Commissioner Rivers is our newest Commissioner. With Commissioner Gertsema's resignation, we currently have eleven members out of the possible fifteen members. The Recording Secretary passed out verification of phone numbers, e-mail addresses, and street addresses slips to make sure our membership information is current. Old Business Continued Discussion of the City Charter City Attorney Jim Hoeft stated last time we left off with Chapter 8, and his recommendation that we adopt the state statute language. Chapter 9, Eminent Domain, is the ne~t chapter to be discussed. The changes that have taken place in state statutes are not reflected in our city charter. There are restrictions using eminent domain when used for redevelopment and there must be just compensation for the property acquired. The newest legislation addresses when a city uses eminent domain and then the city turns the property over to a private developer. According to Hoeft, in order to put the city charter into compliance, we should reference the appropriate state statutes and any sub-divisions, and then there would not have to be any future changes to the charter. Hoeft stated he could put language together for the ne~t meeting regarding this chapter. Regarding pages 29- and 30 of the charter in reference to franchises (specifically our cable TV franchise), Hoeft suggested that Steve Guzzetta, our cable attorney, could possibly be asked to review that part of the city charter. Discussion on 2010 Primarv Election Date Information was provided via the agenda packet from the City Clerk about the anticipated change to the 2010 Primary Election date to be moved up to August 10, 2010. City Attorney Jim Hoeft stated this will be an item for our state legislature to vote on very soon. Background information on this issue: Congress passed the Military and Overseas Voter Empowerment Act (MOVE Act) on October 22, 2009. The President signed the bill on October 28, 2009. This includes a requirement that absentee ballots be sent at least 45 days before the election to any UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) voter who has submitted a request by that date. To make this requirement feasible, it is anticipated that our State Legislature will pass a bill early in the 2010 session to set the 2010 primary election date for August 10, 2010. The City Attorney stated that this does not mean the Charter Commission would have to hold a special meeting to change Chapter 4, Section 28a of the City Charter. After the state legislature passes this bill, it will be a clear statutory override, and the commission can deal with it as soon as it can after the passage date. Carolyn Laine stated the filing date will probably be moved up to May 18, 2010. New Business Approval of the 2009 Charter Commission Annual Report The 2009 Annual Report was prepared and distributed by the Recording Secretary to all members prior to tonight's meeting. Motion by Commissioner Able, seconded by Commissioner Tyler to approve the report as presented. The Recording Secretary will provide copies to the Chief Judge and the City Clerk. Page 2 Columbia Heights Charter Commission January 21, 2010 Next Meeting Date The ne~t regular Charter Commission meeting date will be April 15, 2010. The City Attorney stated he may not be able to attend that meeting. Adjournment Motion was made and seconded to adjourn the meeting at 7:42 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary to the Charter Commission Page 3 Columbia Heights Charter Commission January 21, 2010