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HomeMy WebLinkAbout2011April21CharterCommMinutesCOLUMBIA HEIGHTS CHARTER COMMISSION MINUTES APRIL 21, 2011 7:00 P.M. CONFERENCE ROOM 1 CITY HALL CALL TO ORDER The meeting was called to order by President Dan Vogtman at 7:01 p.m. ROLL CALL Members present: Matt Abel, Jeff Diehm, Nick Jentsch, Roger Johnson, Carolyn Laine, Mike Patiuk, Rachel Schwankl, Greg Sloat, Charles Tyler, Tim Utz, Dan Vogtman Members absent and excused: Lee Bak and Katherine Pepple Members absent and unexcused: Nancy King, Nicholas Rivers Also present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary STATUS OF THE MEMBERSHIP OF THE COMMISSION Introductions/Welcome to New Members Since we have several new members, President Vogtman asked everyone to introduce them- selves and briefly state where they live and any other pertinent information about themselves. The new members are: Lee Bak, Tim Utz, Jeff Diehm, and Greg Sloat. Review Role of Charter Commission/Summary of Actions Taken 2008 - present For the benefit of all the new members, President Vogtman briefly reviewed what the role of the Charter Commission is. He also gave a brief summary of actions taken from 2008 to the present. Updates to Contact Information The Recording Secretary had prepared a new membership roster with names, addresses, e -mail addresses, phone numbers, and dates of appointments. Jeff Diehm asked for the addition of his cell phone to the list. Review of Appointment Dates of Current Members The following members' terms will expire in 2012: Roger Johnson, first term expires February of 2012 Rachel Schwankl, first term expires May of 2012 Mike Patiuk, second term expires February of 2012 Dan Vogtman, second term expires February of 2012 Katherine Pepple, first term expires September of 2012 APPROVAL OF MINUTES Motion was made and seconded to approve the minutes of October 21, 2010, as presented. Motion passed unanimously. NOTE: The January, 2011, Charter Commission meeting was cancelled, so there are no meeting notes for January. 4 -21 -11 Charter Commission Minutes CORRESPONDENCE Carole Blowers, Recording Secretary, presented the correspondence report from October to date in writing. She stated much of her time has been spent in handling the paperwork involved with the new member appointments, preparing council letters and proposed ordinance changes for the city charter changes, and updating membership lists. Commissioner Utz asked what were the dates that the applications were received for the commission appointments, as only the month was listed on this report. Carole stated she would have to look up each individual application to see what was the exact date of application. ANNUAL REPORT Motion was made and seconded to approve the Charter Commission Annual Report for 2010, as presented by the Recording Secretary. Motion passed unanimously. The Recording Secretary stated she would be forwarding a copy onto the City Clerk and the Chief Judge. OLD BUSINESS Status of Changes to Chapter 4, Section 28a; Chapter 4, Section 33; Chapter 7, Section 70; and Chapter 7, Section 74 President Vogtman stated that the City Council will be holding the first reading of the above chapters and sections on Monday, April 25, 2011. President Vogtman will be on vacation, so he will not be able to attend the City Council meeting that night. The second reading will be held on May 9, 2011. The City Attorney stated he will be available to explain these changes with the City Council. Second Reading of Changes to Chapter 6, Section 56, Purchases and Contracts Considerable discussion was held on this suggested change, which essentially centered on the fact of changing the $3,000 amount (which is currently stated in the charter) to $15,000 (which is the current amount set by the City Council), or by changing the wording to "... the current amount set by the City Council', or by putting no amount at all. It should be noted that if no specific dollar amount is cited in the charter, then there is no need to change the amount if and when the council sets a different amount in the future. The City Attorney reminded Charter Commission members that the City Council can change the amount to whatever amount they want at any time, by resolution. At the last Charter Commission meeting in October of 2010, a majority of members voted to put the $15,000 amount in the charter for historical reasons. Therefore, this is our second reading of this change with the amount of $15,000 to be inserted. Chapter 6, Sections 56 of the Charter of the City of Columbia Heights which currently reads 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. Said amount maybe amended by a simple majority ofthe 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) IS HEREBY AMENDED TO READ AS FOLLOWS: 4 -21 -11 Charter Commission Minutes 2 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 $15,000, 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) Motion was made and seconded to approve the second reading of Chapter 6, Section 56 with the $15,000 amount inserted. Motion passed: 6 yes; 5 no. This item will now go onto the next work session of the City Council. Second Reading of Changes to Chapter 8, Sections 75 -86, Local Improvements & Special Assessments 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 and seconded to approve the second reading on the changes to Chapter 8, Section 75 through 86. Vote: 9 yes; 2 no. Motion passed. Chapter 8, Sections 75 through 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 4 -21 -11 Charter Commission Minutes 3 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 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 ofthe 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 4 -21 -11 Charter Commission Minutes 4 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, 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 4 -21 -11 Charter Commission Minutes 5 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 AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The e it y o f Coh,,ti,bi Heights shal have the powef to lay and eenstpdet, extend, Felay and fepaif, and maintain, difeetly by day labef, of . The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof. against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws ofthe State of Minnesota. 4 -21 -11 Charter Commission Minutes 6 1 �.�l�i'lf..T.ff Y ol moor ...v 1 �.�l�i'lf..T.ff wd 9 121A WI FW VI ♦ .7 :.:.. L � 1 ' .�A..:....::f.,,.:.: J •M, :.7A..,. :.0. LO a.. 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Election of Officers At this time, President Vogtman stated there would be elections for the positions of President, Vice- 4 -21 -11 Charter Commission Minutes President, and Secretary positions. President Vogtman asked for nominations for President. Motion was made and seconded to nomi- nate Rachel Schwankl. President Vogtman asked again for nominations for President. Motion was made and seconded to nominate Tim Utz. President Vogtman asked if there were any more nominations for President. There were no further nominations. Each candidate was allowed time to talk about their qualifications for the President position. The question was called, and Rachel Schwankl was declared having the most voice votes for President. President Vogtman then asked for nominations for Vice President. Motion was made and seconded to nominate Charles Tyler. President Vogtman asked again for nominations for Vice President. Motion was made and seconded to nominate Greg Sloat. President Vogtman asked if there were any more nominations for the position of Vice President. There were no further nominations. Each candidate was allowed time to talk about their qualifications for the Vice President position. The question was called, and Charles Tyler was declared having the most voice votes for Vice President. President Vogtman asked for nominations for Secretary. Motion was made and seconded to nominate Carolyn Laine. President Vogtman asked two more times if there were any more nominations for Secretary. There being no further nominations, Carolyn Laine was elected Secretary. Receiving Agenda Packets Electronically The Recording Secretary asked commission members if they would like to receive their packets electronically. Several members indicated they would. Continued Discussion of Chapter 11 and 12 Motion was made and seconded to table discussion of chapters 11 and 12, as the City Attorney has not done a preliminary review nor does he have any recommendations at this time. NEXT MEETING DATE The next regular meeting date will be July 21, 2011. ADJOURNMENT Motion was made and seconded by adjourn the meeting at 8:12 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary 4 -21 -11 Charter Commission Minutes 10