HomeMy WebLinkAboutJanuary 17, 2002, MinutesCHARTER COMMISSION MINUTES
THURSDAY, JANUARY 17, 2002
7 P.M.
MATHAIRE/MC KENNA ROOM
JOHN P. MURZYN HALL
CALL TO ORDER
The meeting was called to order at 7:07 P.M. by President Tami Ericson.
ROLL CALL
Members present: Bill Antzaras, Charles Christopherson, Mel Collova, Tami Ericson, Jim Fowler,
Michael Hartel, Ted Landwehr, Janis Larson, Tom Ramsdell, Theresia
Synowczynski
Members absent and excused: Bob Buboltz
Members absent and unexcused: John Banyard, Clara Schmidt, Joe Sturdevant
Also present:
Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary; Council Liaison
Bobby Williams.
APPROVAL OF MINUTES
Motion by Janis Larson, seconded by Theresia Synowczynski, to approve the minutes of the October
18, 2001, meeting as presented. Motion passed unanimously.
Motion by Mike Hartel, seconded by Theresia Synowczynski, to approve the minutes of the January
12, 2002, dinner meeting as presented. Motion passed unanimously.
President Ericson expressed thanks to Commissioner Antzaras and the Recording Secretary for their
assistance in planning the January 12~' dinner meeting.
CORRESPONDENCE
Since our last Charter Commission meeting, the following correspondence has been received or sent:
· A letter was sent to the Chief Judge asking that Charles Christopherson be reappointed.
· A thank .you letter was sent to former commissioner Brian Peterson for his service on the
commission.
· Orders were received from the Chief Judge reappointing Charles Christopherson for another
four year term.
· Commission members were sent a memorandum regarding food choices for the dinner meeting
on January 12, 2002, as well as an agenda for that meeting.
· Commission members were sent the agenda with attachments for tonight's meeting.
NEW BUSINESS
Status of Membership of the Commission
With the resignation of Brian Peterson, the commission still has fourteen members. This opening has
been advertised on the city's website. To date, we have not received any new applications for this
vacancy.
New Charter Pages
President Ericson commented that all commissioners should have received new pages for their charter
from the Recording Secretary to reflect the amendments that took place last year. These amendments
affected the following chapters/sections:
Chapter 12, Section 112, Damage Suits
Chapter 12, Section 114, City to Succeed to Rights and Obligations of Village
Chapter 12, Section 115, Village Officers to Hold Office Till When
Chapter 12, Section 117, Existing Ordinances Continued
2001 Charter Commission Annual Report
The Recording Secretary prepared the annual report and copies were sent to all members with the
agenda packet for their review.
Motion by Ted Landwehr, seconded by Mel Collova, to approve the 2001 Charter Commission Annual
Report as submitted. Motion passed unanimously. The Recording Secretary will forward it on to the
Chief Judge and City Clerk.
Discussion Items for 2002 from Dinner Meeting
Due to the somewhat ackward position and location of the dinner tables at Nicklow's, a formal
discussion of items for 2002 could not be easily done at the dinner meeting.
President Ericson asked commissioners if they had items they would like to see discussed in 2002. She
reminded members that the charge of the commission is to maintain the charter and address changes
raised by the Charter Commission members or Council.
Commissioner Synowczynski stated she had some ideas regarding the purchases and contracts section.
Commissioner Ramsdell stated that the council recently took a tour of the city. As a result of that
tour, many changes may take place in 2002. He stated that the commission should be sure the charter
is up to date.
NEW BUSINESS
Report from City Attorney
Discussion on Chapter 3, Section 19, Procedure on Ordinances was again held. The current reading of
this section of the charter requires an unanimous vote of the city council for waiving the reading of
ordinances. It was suggested that a 4/5 vote instead of an unanimous vote would be a good alternative.
The City Attorney stated the council may decide that they want to place this item on the ballot (either
on a special election or regular election) or do nothing with a proposed amendment. The Charter
Commission could also decide to put this item on the ballot (either on a special election or regular
election). Commissioners were reminded that a special election costs approximately $8,000, and we
do have a general election in 2002. This item is further discussed under "Old Business".
Update on Charter vs. Statutory Cities Chart
Mr. Hoeft passed out updated information regarding the charter vs. statutory chart that was previously
supplied to commission members. The information provided lists sections that need changing. It was
suggested that we look at this item at the next regular meeting.
Commissioner Larson stated she felt the Charter Commission should meet with the City Council a
couple of times a year and get their input on certain issues.
Charter Commission Minutes
Page 2 of 4 Pages
1-17-02
OLD BUSINESS
Status of Proposed Changes to Chapter 6, Section 56, Purchases and Contracts
The council did not unanimously pass the previously proposed changes to Chapter 6, Section 56,
Purchases and Contracts on August 27, 2001. The previously proposed language gave the city council
the authority to change the amount the City Manager may spend up to without council approval. The
present language using $3,000 appears to have been possibly in effect since 1983. State statutes give a
$15,000 limit to statutory cities that are not governed by a charter.
President Ericson reminded the commission that this proposed change would not affect the current
authorized spending amount. Instead, it is a change in procedure that would be used if the council
decided that they wanted to change the City Manager's authorized spending limit.
Commissioner Synowczynski had some ideas on rewording some of this section. She suggested that
since the council was not in favor of changing the charter, at a minimum, some language could be
added to expand spending authority in the case of an emergency. She had researched some language
on "emergencies" from other states (California, Illinois, Texas, New York, and Washington D.C.).
She passed out some information to commission members that contained language from Minnesota
Statutes. She also passed out language from Washington D.C., which specifically spelled out language
for the Mayor to follow in case of "emergencies".
Commissioner Christopherson had to leave the meeting at 7:45 p.m.
Considerable discussion was held on this section of the charter, and if it should be put on the ballot on
the general election this fall or what. If it was placed on the ballot, it would be the same amendment as
proposed last year--to give the council the authority to change the amount the City Manager may
spend up to without council approval.
Commissioner Landwehr suggested that this item on "Purchases and Contracts" be put on the ballot for
the people to decide.
Commissioners asked the City Attorney about some voting issues. Non-votes don't count at all; only
votes marked count. The ballot would indicate current language and amended language.
Discussion was held on how information would be provided to the public on the issue before the
election. Newspaper articles, a city newsletter article, local cable, and a possible mailing were
suggested as avenues that could be used by the commission to provide information (both pros and
cons).
President Ericson reiterated that there were three options at this time regarding Chapter 6, Section 56:
· Recommend different language for this section of the charter to the council
· Put this item on the ballot
· Do nothing.
After considerable discussion on this issue, motion was made by Ted Landwehr, seconded by Tom
Ramsdell, to advise the City Council that the same proposed language from last August on Chapter 6,
Section 56, Purchases and Contracts, will be put on the next general election ballot. Motion passed
unanimously. Councilmember Williams will advise the council of this action taken. The City Clerk
will need to be notified of this action as well, to appropriately prepare for the ballot language.
Discussion on Chapter 2, Section 10, The Mayor and Section 11, The City Manager
Commissioners have held several discussions in the past several years on this subject of changing the
appointment, control, and direction of all police officers from the Mayor to the City Manager. In
January of 2000, the Charter Commission wanted the Mayor and City Manager to put this item on the
ballot, but nothing happened.
Charter Commission Minutes
Page 3 of 4 Pages
1-17-02
Motion was made by Commissioner Ramsdell to put this issue on the ballot. Commissioner Hartell
asked for a point of order. He stated that he wanted to know exactly what wording would be changed
in these sections of the charter before he could make a decision.
Motion was made by Commissioner Collova, seconded by Commission Antzaras, to take a five minute
recess at 8:16 p.m.
The meeting reconvened at 8: 21 p.m.
After further discussion and considerations, motion was made by Commissioner Ramsdell, seconded by
Commissioner Larson, to delete the wording from Chapter 2, Section 10, stating that the Mayor shall
have the appointment, control, and direction of all police officers and move that wording to Chapter 2,
Section 11, as part of the duties of the City Manager.
Commissioner Landwehr stated he would like to see the exact language that would be proposed.
was no further discussion or comments on this item. The City attorney read an example of the
proposed language to the commissioners.
There
Motion passed with eight members voting yes; one member voting no; and no abstentions.
Councilmember Williams will advise the council of this action taken. The City Clerk will need to be
notified of this action as well, to appropriately prepare for the ballot language.
Discussion on Chapter 3, Section 19, Procedure on Ordinances
There was continued discussion on this item.
Motion by Commission Landwehr, seconded by Commissioner Ramsdell to forward to the City
Council a proposed change that would require a 4/5 vote vs. an unanimous vote on the waiving of the
reading of ordinances. It is the intent of the Charter Commission that if the council does not
unanimously pass this amendment, this item will also be placed on the ballot at the next regular
election. Motion passed unanimously.
Councilmember Williams will advise the council of this action taken. The City Attorney will work with
the Recording Secretary in preparing the appropriate paperwork to be forwarded to the City Council on
this item.
NEXT MEETING DATE
The next regularly scheduled meeting will be Thursday, April 18, 2002, at 7 p.m. at Murzyn Hall.
President Ericson complimented the commission members for respecting the opinions of each other,
reminding everyone that they don't have to always agree.
ADJOURNMENT
Motion by Tom Ramsdell, seconded by Ted Landwehr, to adjourn the meeting at 8:54 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary
Charter Commission Minutes
Page 4 of 4 Pages
1-17-02