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HomeMy WebLinkAbout2010Oct21CharterCommMinutesCOLUMBIA HEIGHTS CHARTER COMMISSION MINUTES October 21, 2010 7:00 p.m. Conference Room 1 City Hall Columbia Heights, MN CALL TO ORDER: The meeting was called to order by Vice President Matt Abel at 7:04 p.m. ROLL CALL: Present: Matt Abel, Roger Johnson, Nancy King, Carolyn Laine (7:10 p.m.), Michael Patiuk, Nicholas Rivers, Rachel Schwankl, Charles A. Tyler Members absent and excused: Dan Vogtman, Katherine Pepple Members absent and unexcused: Joe Clason Also Present: Tami Diehm, Council Liaison; Carole Blowers, Recording Secretary Absent: Jim Hoeft, City Attorney APPROVAL OF MINUTES: Motion was made and seconded to approve the July 15, 2010, minutes with a few corrections requested by Vice President Abel. Motion passed unanimously. CORRESPONDENCE: The Recording Secretary reported the following correspondence since our last meeting in July: 7/28/10 Emailed Dan Vogtman re: Changes to Chapter 2, Section 10A, Chapter 7, Section 72, Chapter 9, Sections 87 -92 will be discussed at 8/2/10 work session and asked if he could attend 7/29/10 Emailed Dan Vogtman with the paperwork for the council letter and the three ordinance changes for 8/2/10 work session. 8/4/10 Appropriate council letter and ordinance paperwork forwarded to City Clerk for inclusion on the city council meeting agenda of 8/9/10 8/5/10 Received email from Caroline Dahl, Lino Lakes, and responded to her regarding access to our Charter Commission minutes via the web. Worked with our IS department to make this happen. 8/9/10 Emailed Caroline Dahl again regarding above and received a thank you. 8/9/10 First reading of the three proposed charter ordinances was held at the city council meeting and all were approved. Dan Vogtman attended meeting. 8/12/10 Dan Vogtman updated everyone via email regarding the status of the three ordinance changes and that the second reading would be August 23 rd 8/23/10 Ordinance changes had their second reading at the city council level and were approved, and. they will take effect in 90 days 9/21/10 Dan Vogtman advised he cannot attend the October meeting. Advised VP Matt Abel; he will be available for the October meeting. 10/7/10 Draft agenda /minutes were sent via email to Dan Vogtman and Matt Abel for their review. Page 1 Columbia Heights Charter Commission October 21, 2010 10/13/10 Mailed out agenda and minutes to all members, City Manager, Council Liaison Tami Diehm, and the City Attorney. 10/14/10 Received phone call from Commissioner Kathleen Pepple that she will not be able to attend October meeting. STATUS OF THE COMMISSION: We currently have 11 of 15 possible members. The Recording Secretary mentioned that one member has had four consecutive unexcused absences, and thus she will need to send a letter to the Chief Judge having that person removed from the commission. Discussion was held on recruiting new members. Carole stated she usually does the cable messages, but with the equipment down, she cannot do that at this time. She will try to get an article in the next city newsletter which is coming out very soon (if it's not too late to submit an article). She will also make a poster to put in the city's inside bulletin board and outside bulletin board. Nick Rivers stated he had a contact with the Northeast Newspaper, and he would forward that information to Carole so she can get an article in the Northeast Newspaper. OLD BUSINESS: Changes to Chapter 2, Section 10A, Chapter 7, Section 72, and Chapter 9, Sections 87 -92 were all approved by the City Council on August 23 as mentioned above. They will take effect in 90 days from the second reading by the City Council. Vice President Abel stated that based on past discussions at Charter Commission meetings, we need to hold second readings of changes to: • Chapter 4, Section 28A • Chapter 4, Section 33 • Chapter 6, Section 56 • Chapter 7, Section 70, and • Chapter 7, Section 74. CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 28A, THE PRIMARY ELECTION The proposed changes are as follows: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal Page 2 Columbia Heights Charter Commission October 21, 2010 election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 20413.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesd aftef the seeend M,,,,day in Septem on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 20413.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) SUMMARY: The state legislators recently changed the date of the primary election to allow more time for voters to participate (especially those in the military). Changing the wording to read "The primary election date shall be held on the date established by Minnesota State Law" would cover this recent statute change and any other changes that the legislators decide to make in the future. Motion was made, seconded, and approved unanimously to approve the second reading on the changes proposed for Chapter 4, Section 28a, The Primary Election, and forward on to the council for their action. CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 33, CANVAS OF ELECTIONS The proposed changes are as follows: Chapter 4, Section 33, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Page 3 Columbia Heights Charter Commission October 21, 2010 Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. IS HEREBY AMENDED TO READ AS FOLLOWS: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within fire seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. SUMMARY: Our charter was two days more restrictive than the state statutes. This change would make it the same as in the state statutes. Motion was made, seconded, and approved unanimously to approve on second reading the changes proposed for Chapter 4, Section 33, Canvas of Elections, and forward on to the City Council for their action. CHAPTER 6, ADMINISTRATION OF CITY AFFAIRS, SECTION 56, PURCHASES AND CONTRACTS The proposed changes are as follows: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SHALL BE AMENDED TO READ AS FOLLOWS: Section 56. PURCHASES AND CONTRACTS. The City Manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00 the current amount set by the city council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SUMMARY: Page 4 Columbia Heights Charter Commission October 21, 2010 It was noted that the current amount set by the city council is $15,000. By changing the wording to "...the current amount set by the City Council ", no specific dollar amount would be cited or need to be changed if and when the council sets a different amount in the future. Motion was made and seconded to approve the second reading on the changes proposed for Chapter 6, Section 56, Purchases and Contracts. Considerable discussion ensued. After discussion, this motion failed, 5 no and 3 yes. Some members liked having a dollar amount stated in the charter, and thought that the current amount of $15,000 should be inserted instead of saying "the current amount set by the City Council" so there would be at least some benchmark amount. Motion was made, seconded, and passed 5 yes, 3 no, to approve the second reading of this change (with $15,000 stated). Since this was a substantial change from the first reading, we will hold the second reading on this section with the $15,000 amount instead at the January, 2011 meeting. CHAPTER 7, TAXATION AND FINANCE, SECTION 70, RECEIPTS GO TO THE CITY TREASURER The proposed changes are as follows: Chapter 7, Section 70, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any pefsen in the ° pley of the eity guilty of a °� this pfevision shall be liable to be Fedueed in Fank and salafy of to be dismissed fr-ofn effiee of -he eoun may detefmi aft er ., 1,°.,,-in (Ordinance No. 1086, passed June 11, 1984) SUMMARY: The last sentence is archaic /dated and should be deleted, as this would be a Human Resource issue and would be handled per the various unions. Motion was made, seconded, and approved to approve the second reading the changes proposed for Chapter 7, Section 70, Receipts to go to City Treasurer, and forward on to the council for their action. CHAPTER 7, TAXATION AND FINANCE, SECTION 74, EMERGENCY DEBT CERTIFICATES The proposed changes are as follows: Chapter 7, Section 74, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Page 5 Columbia Heights Charter Commission October 21, 2010 Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by four -fifths of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by fouf fifths an unanimous vote of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. SUMMARY: This needs to read by "unanimous vote" to be in compliance with state statutes. Motion was made, seconded, and passed unanimously to approve the second reading on the changes proposed for Chapter 7, Section 74, Emergency Debt Certificates, and forward on to the City Council for their action. The above sections that had second readings tonight should be forwarded to the City Manager for inclusion on the next possible work session and then onto the City Council for their action for two readings. NEW BUSINESS Vice President Abel stated we discussed Chapter 8, Sections 75 through 86 at our last meeting. He had asked to see the changes in writing before the commission took action. The following are the suggested changes to this area of the City Charter: CHAPTER 8, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS, SECTIONS 75 THROUGH 86, POWER TO MAKE LOCAL IMPROVEMENTS, POWER TO LEVY SPECIAL ASSESSMENTS, LOCAL IMPROVEMENTS, HOW MADE, APPEAL FROM ASSESSMENT, NOTICE OF APPEAL, TRIAL OF ASSESSMENT APPEAL, REASSESSMENTS, PLAN OF ASSESSMENTS, PAYMENT OF ASSESSMENTS, PENALTY FOR DELINQUENCY, CERTIFIED TO AUDITOR, AND Page 6 Columbia Heights Charter Commission October 21, 2010 COUNTY TREASURER COLLECTOR FOR CITY The proposed changes are as follows: Chapter 8, Sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86 of the Charter of the City of Columbia Heights which currently reads as follows: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. 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 ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements Page 7 Columbia Heights Charter Commission October 21, 2010 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. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, Page 8 Columbia Heights Charter Commission October 21, 2010 together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. T he ei ty of C.,h,,ti,bi Heights shall have the nirprvve in of andef th stfeets, alleys and pu bl e places in the eit � council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any Page 9 Columbia Heights Charter Commission October 21, 2010 lEff . I. tnIERIPM. I T. I I lo 111 11 11 1 11 111 11 11 IF ♦ 1 1 1 4 0 01 � • �I�� %�� %���� <�ITT1TTl����/���� % �� � •���� �A L�����/�����I �i• r4���91� \elf ��l�Jil7� MWMA I 1 06W • _ F MIL 1 4 M F WWMA VI JR T. lit ♦ 1 1 1 4 0 01 oil N I r d I.M VIS me 11 N VS tliLl�'.T.i. T. ♦ 1 1 1 4 0 01 • • IF 1 IF • 1111161M Ili III E M.V" Val 10 M _ • SUMMARY: There have been several changes in state law regarding Chapter 8. Deleting all sections, and adding a new paragraph to Section 75 still gives the city council the power to make improvements and levy assessments as needed. Motion was made, seconded, and approved unanimously to approve the first reading on the changes to Chapter 8, Sections 75 -86. Continued Discussion on Chapters 11 and 12: Commissioners present at tonight's meeting looked over Chapter 11, Public Ownership and Operations of Utilities (Sections 102 -107) and Chapter 12, Miscellaneous and Transitory Provisions (Sections 108- 119). Council Liaison Tami Diehm mentioned that Section 110 is probably not in accordance with current state statutes. It was the consensus of members present to table discussions on Chapters 11 and 12 until our next meeting, when the City Attorney can advise if there are any changes he feels needs to be done to these chapters. Page 12 Columbia Heights Charter Commission October 21, 2010 NEXT MEETING DATE The next regular meeting date will be January 20, 2011, at 7 p.m. MEETING PLACE FOR 2011 The Recording Secretary asked members what their preference would be regarding the commission's meeting location for 2011, as she needs to schedule in our 2011 meetings soon. Should we continue meeting at the Public Safety Building or here at City Hall in Conference Room 1? It was the consensus of the members present to meet at City Hall in Conference Room 1 for 2011. ADJOURNMENT: Motion was made and seconded to adjourn the meeting at 7:50 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary for the Charter Commission Page 13 Columbia Heights Charter Commission October 21, 2010