HomeMy WebLinkAbout2011July21CharterCommMinutesCOLUMBIA HEIGHTS CHARTER COMMISSION
MINUTES
JULY 21, 2011
7:00 P.M.
CONFERENCE ROOM 1
CITY HALL
CALL TO ORDER
The meeting was called to order by President Rachel Schwankl at 7:02 p.m.
ROLL CALL
Members present: Matt Abel, Lee Bak, Jeff Diehm, Roger Johnson, Nancy King, Carolyn Laine,
Rachel Schwankl, Greg Sloat, Charles Tyler, Tim Utz, Dan Vogtman
Members absent and excused: Nicholas Rivers, Mike Patiuk
Members absent and unexcused: Nick Jentsch, Katherine Pepple
Also present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney; Carole Blowers, Recording
Secretary
STATUS OF THE MEMBERSHIP OF THE COMMISSION
Announcement of New Officers for 2011
President: Rachel Schwankl; Vice President. Charles Tyler. Secretary: Carolyn Laine.
Projected vacancies through 2011 are:
Roger Johnson, first term expires February of 2012
Mike Patiuk, second term expires February of 2012
Dan Vogtman, second term expires February of 2012
Rachel Schwankl, first term expires May of 2012
Katherine Pepple first term expires September of 2012
APPROVAL OF MINUTES
Motion was made and seconded to approve the minutes of April 21, 2011, with the addition of Dan
Vogtman's and Katherine Pepple's term dates, a correction to Rachel Schwankl's term date to be May of
2012 for her first term, and removing the words "cannot be reappointed—served 2 terms" after Mike
Patiuk's name.
Commissioner Tyler mentioned that there are no term limits for Charter Commission members, per
Minnesota State Statutes 410.05, as amended in 2004.
The City Attorney stated that there are no requirements that anyone applying for the Charter Commission
must be interviewed by the Chief Judge or the council or anyone else.
Motion by Rachel Schwankl, seconded by Charles Tyler, to approve the corrected minutes of April 21,
2011. Motion passed unanimously.
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CORRESPONDENCE
The Recording Secretary verbally presented the correspondence report from April, 2011 to date. Much
of her time has been spent in handling the paperwork involved with the preparing the numerous council
letters and proposed ordinance changes for the city charter changes and tracking of the same.
OLD BUSINESS
Status of Changes to Chapter 4, Section 28a (The Primary Election)
Ordinance 1596 was passed by the city council on May 9, 2011, and the charter will be updated in
August.
Status of Changes to Chapter 4, Section 33 (Canvassing of Election)
Ordinance 1597 was passed by the city council on May 9, 2011, and the city charter will be updated in
August.
Status of Chapter 7, Section 70 (Receipts to City Treasurer)
Ordinance 1598 was passed by the city council on May 9, 2011, and the city charter will be updated in
August.
Status of Changes to Chapter 7, Section 74 ((Emergency Debt Certificates)
Ordinance 1599 was tabled by the City Attorney and city council on April 25, 2011. The Charter
Commission sent this on to the City Council without changes to the years (currently one year) or the
interest rate (currently 6 %). What the Charter Commission did propose to change was the vote required
to pass an emergency debt certificate. It currently reads 4/5 vote of the City Council, and the Charter
Commission presented a change to the city charter requiring a unanimous vote of the City Council. The
choice is 4/5 vote vs. a unanimous vote of the council. Motion by Matt Abel, seconded by Charles
Tyler, that the City Council should table this proposal, but rather should send the proposal back to the
Charter Commission, with Councilperson Diehm offering to provide sufficient background regarding the
motion at the next City Council meeting. Motion passed unanimously.
Status of Changes to Chapter 8, Sections 75 -86 (Local Improvements & Special Assessments)
At the second reading of this ordinance by the City Council, there were only four councilmembers
present. State statues indicate that a vote of each councilmember is needed. Therefore, the ordinance
was then again presented and passed by the city council on June 13, 2011, and the city charter will be
updated in September under this section.
Status of Changes to Chapter 6, Section 56 (Purchases and Contracts)
Ordinance 1601 was NOT passed by the city council on May 23, 2011.
DISCUSSION:
In the past, there was considerable discussion on this charter revision by the Charter Commission. Some
members felt the $3,000 amount currently stated in the Charter should be changed to the current actual
amount of $15,000 so as to provide a benchmark to any interested party. Others felt that the wording
should omit any monetary amount and just state "the amount set by council resolution ". On April 21,
2011, the Charter Commission voted to send a proposed charter amendment to the City Council with
the recommendation that the amount be changed from $3, 000 to $15, 000 (the amount current set by the
City Council, by resolution), and the City Council did not unanimously approve that change at their May
23, 2011, City Council meeting.
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Regarding Chapter 6, Section 56, the Charter Commission has three choices: do nothing, create a
referendum, or reconsider to remove any dollar amount in the city charter in this section.
Motion by Matt Abel, seconded by Greg Sloat, to do nothing. Considerable discussion ensued. Motion
failed: 1 yes, 10 no.
The City Attorney clarified that the city charter does NOT set the spending limit for the City Manager-- -
that the City Council in fact sets the spending limit of the City Manager, by resolution, by a simple
majority.
Councilperson Diehm stated that if we amend this part of the City Charter with no amount stated, then
down the road if the council changes the amount, we don't have to keep changing the charter too and no
one gets inaccurate or dated information.
After considerable discussion, motion was made and seconded to remove the $3,000 amount and add the
following wording: "the current amount set by the city council ".
Commissioner Vogtman excused himself from the meeting at this time.
NEW BUSINESS
Request from Council to again review Chapter 6, Section 70, regarding Receipts to the City
Treasurer
The City Clerk had advised the Recording Secretary that at the April 25, 2011, City Council meeting,
Councilmember Nawrocki questioned the wording regarding checks being deposited on the same day.
Another councilmember questioned the receipt of donations.
Commissioner Tyler presented a one page typed informational sheet regarding this item and references to
the terms "money ", "monies ", and "demand deposit ". The Charter Commission members discussed this
matter and believe there are no actions that need to be taken by the Charter Commission, as the language
of the current charter addresses all issues of concern. President Rachel Schwankl stated she would write
a letter to the City Council to this effect.
Overview of Various State Statutes:
Commissioner Tyler handed out copies of the following items to each member present:
• MS Chapter 13, Government Data Practices Act
• MS Chapter 13D, Minnesota Open Meeting Law
• MS Chapter 15.17, Minnesota Official Records Act
• MS Chapter 138.17, Minnesota Records Management Act
Commissioner Tyler stated that commission members are personally liable for violating these MN state
statutes, and we should all get familiar with them. Apparently Minneapolis Charter Commission members get
a copy of MS Chapter 13D when they are appointed.
Other New Business
President Schwankl stated that a special meeting of the Charter Commission will be held on August 18,
2011, at 7 pm at City Hall to consider:
1. Amending the Rules to convene bi- monthly versus quarterly and
2. Forming the following Committees: Rules and Procedures, Public Relations,
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Government Relations, and Compliance.
CONCLUDING COMMENTS BY OFFICERS AND COMMISSIONERS
Commissioner Laine asked if the Charter Commission could hold its second reading of Chapter 6, Section
76, Purchases and Contracts, at the August meeting.
ADJOURNMENT
Motion was made and seconded by adjourn the meeting at 8:12 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary
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