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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