HomeMy WebLinkAboutApril 24, 2003, Charter MinutesCHARTER COMMISSION DINNER MEETING
MINUTES
THURSDAY, APRIL 24, 2003
7 P.M.
MURZYN HALL
CALL TO ORDER
The meeting was called to order at 7:05 P.M. by President Ted Landwehr.
ROLL CALL
Members present: Bill Antzaras, Charles Christopherson, James Fowler, Mike Hartel, Nancy King, Ted
Landwehr, Joe Sturdevant, Ted Yehle
Members absent and excused: John Banyard, Tom Ramsdell, Clare Schmidt
Members absent and unexcused: Bob Buboltz, Mel Collova
The Council Liaison, Bobby Williams, was not present (out of town). The City Attorney, Jim Hoeft, was not
present. The Recording Secretary was absent due to a college course presentation. Councilmember Bruce
Kelzenberg was also present.
APPROVAL OF MINUTES
Motion by Mike Hartel, seconded by Bill Antzaras, to approve the minutes of the January 16, 2003, dinner
meeting with the addition that Nancy King and Charles Christopherson were present at the dinner on January
16, 2003. Motion passed unanimously.
CORRESPONDENCE
President Landwehr advised the commission that the following correspondence has been sent or received since
our last meeting in January:
· Letter dated January 23, 2003, to the Chief Judge with the 2002 Annual Report of the
Charter Commission.
· E-mail message dated January 24, 2003, from Jeannette Bach, Research Manager from the
League of Minnesota Cities thanking the Recording Secretary for sending a revised copy of
our city charter to the League.
· Letter dated January 24, 2003, to Mr. Ted Yehle, welcoming him as a new member to the
Charter Commission.
· Letter dated January 27, 2003, to the Chief Judge transmitting the signed oath of office for
Mr. Yehle.
· Letter dated April 14, 2003, to the Chief Judge advising him of the death of Charter
Commission member Janis Larson.
· Copy of bulletin board posting and city newsletter article about Charter Commission
vacancies.
· New commission membership rosters were provided to all members in their packets.
STATUS OF MEMBERSHIP
Ted Yehle was officially introduced and welcomed to the Charter Commission by President Landwehr.
President Landwehr indicated with Theresia Synowczynski' s term ending and Janis Larson's death, the Charter
Commission has two openings at this time.
In reviewing the new commission membership roster, President Landwehr noted that Clare Schmidt's term
ends in May, 2003, and Jim Fowler and Tom Ramsdell's terms end in June, 2003. All are eligible to
reappointed if they so wish. Jim Fowler stated he is not interested in being reappointed. Clara Schmidt has
not given any indication previously of her intentions. Tom Ramsdell has informed the Recording Secretary
April 24, 2003
Page 1
previously that he is not interested in being reappointed.
President Ted Landwehr's second term ends in August of 2003. The July 2003 Charter Commission will be
his last meeting. Vice President Mike Hartel will then take over as President until the commission holds their
annual election.
President Landwehr stated that our two current vacancies have been advertised on the city' s website and local
cable station. There will be an article in the next city newsletter, as well as articles in the local newspapers.
Members were encouraged to tell other citizens about the vacancy and how to apply.
OLD BUSINESS
President Landwehr stated that Tami Ericson and Theresia Synowczynski were officially recognized for their
years of service and leadership on the Charter Commission at the March 10, 2003, City Council meeting.
Thank you letters were given to them at the January dinner meeting.
NEW BUSINESS
Review of the City Charter for Possible Changes
Several suggested changes to the City Charter were made by President Landwehr. Regarding Chapter 2,
Section 7, Elective Offices, he suggested that perhaps the wording about how certain councilmember's terms
were determined when length of terms were changed several years ago could be removed. It was suggested
that the following wording be removed from this section of the charter:
Chapter 2, Section 7, Elective Offices.
The council shall be composed of a mayor and four council members who shall be qualified electors, and who
shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of
four years and until their successors are elected and qualified._, ~ ..... 4. 4.h~4. c ........ :, ~r, .... ,~4.~ :,
~-~.~"~" ..:" o ~.o~.~ ~ ....... ~.~ *~.~. ~.,~" t _The Mayor shall se~e for a term of two years and until a successor is
elected and qualified. The council shall be judge of the election of the mayor and council members.
It was suggested that perhaps the wording in Chapter 2, Section 16 pertaining to when a person takes over
his/her office should be deleted. It was suggested that the following wording be stricken from the charter:
Chapter 2, Section 16, COUNCIL MEETINGS.
At the time of the first regularly scheduled council meeting in January following a regular municipal election,
the council shall meet at the usual place and time for the holding of council meetings. At this time the newly
elected members of the council shall assume the duties of such membership._ ~ ..... 4. 4.h~4. c ........ :,
.............. v .................... ~ .......... ~ .......... ~ ....... ~ ............. v ....................... t_The
council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet
not less than once each month. The mayor, or any two members of the council, or the city manager, may call
special meetings of the council upon at least three (3) days notice to each member of the council. Such notice
shall be posted and shall be delivered personally to each member or shall be le~ with some responsible person
at the member's usual place of residence. The mayor, any two members of the council, or the city manager,
April 24, 2003
Page 2
may call special emergency meetings of the council. The Council shall make good faith efforts to provide
notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An
emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment
of the mayor, any two council members, or the city manager, require immediate consideration. All meetings
of the council shall be public, and any citizen shall have access to the minutes and records thereof at all
reasonable times.
Another suggestion was in Chapter 9, Section 89. It was suggested that the 6% rate of interest charged
should be deleted, and we should replace it to read it's the current judgment rate set by State Statute.
Chapter 9, Section 89, Payment of Award.
Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this
chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time
for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within
sixty days of such final determination, pay the amount of the award with interest thereon at the current
judgment rate set by State Statute,~,~c ol,~ ~: ........ ~,,~l,~,~* ~,,~ ......... ,,~l~,~l from the date of the confirmation of the award or
judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city.
The President would like to discuss the following chapters/sections with the City Manager: Chapter 2,
Section 15; Chapter 5, Section 36; Chapter 7, Section 72; Chapter 12, Section 108.
In Chapter 2, Section 15, it was questioned whether this section should stay in the charter or not. If it should
stay, it was questioned whether the word "security" of the council should be "secretary".
Chapter 2, Section 15, Official Bonds.
The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall
each before entering upon the duties of their respective offices, give bond to the city in such sum as may be
fixed by the council as an additional security for the faithful performance of their respective official duties and
the safekeeping of the public funds. Such bonds shall be approved by the city council and shall be endorsed
by at least three members of the council as having been so approved. They shall be filed with the security of
the council. The provisions of the laws of the state relating to official bonds, not inconsistent with this
charter, shall be complied with. The first city manager under this charter shall give bond in the sum of Five
Thousand Dollars, but the council may increase this requirement at any time.
Regarding Chapter 5, Section 36, it was questioned whether there is a need for a $400 limit for legal advice,
copying, printing, and notaries' fees. It was also questioned who pays this $400--the committee or the city?
Chapter 5, Section 36, Expenditures by Petitioner. (Specifically, is there a need for a $500 limit? Who
pays, the committee or the city?)
No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no
signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for
services rendered in connection with the circulation thereof.,
Any committee member, at their sole discretion and at no charge to said committee member, may utilize the
services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure
with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall
constitute a misdemeanor.
Regarding Chapter 7, Section 72, it was questioned whether the bolded words below in the first paragraph
of this section should be replaced with the words "within the geographical limits determined by the
April 24, 2003
Page 3
discretion of the council".
Chapter 7, Section 72, Bonded Debt and Debt Limit.
Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said
city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction;
for new equipment; for all improvements of a lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for
the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by
purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or
any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a
permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and
maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of
hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways,
streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or
bridging streams and other waterways within the corporate limits and constructing and repairing roads and
bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds;
for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of
the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this
section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota,
but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total
bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable
property therein, including monies and credits, but in computing the total bonded indebtedness, emergency
debt certificates and certificates of indebtedness shall not be included in or counted as part of the such bonded
indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment;
purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or
telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience,
from which revenue is or may be derived, owned and operated by the city, or the acquisition of property
needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of
lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable
from the proceeds of assessments levied upon the property specially benefitted by such ditches or
improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which
issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are
issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be
diverted to any other purpose.
It was suggested that in Chapter 12, Section 108, that there was some obsolete wording that should be
replaced with more current, modern wording as stated below:
Chapter 12, Section 108, Official Publications.
The council shall regulate by ordinance the manner in which official publicity shall be given to the holding of
elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon
contemplated purchases and contracts, and to all other matters whatsoever which require publication either by
the terms of this charter or by the constitution and laws of Minnesota. It shall annually designate a newspaper
of general circulation in the city as the official paper in which shall be published such measures and matters as
are by the constitution and laws of this state required to be so published, and such other matters as the council
may deem it wise to have published in this matter, or in lieu thereof it may establish a municipal publication,
which shall then be the official newspaper. The council may in its discretion provide for the publication of the
annual budget, ordinances, resolutions, initiative, referendum, and recall petitions, election notices, and such
other measures and matters as it may deem wise by the posting of ~ ........ :~" ~: ....... ~ .... :"~
April 24, 2003
Page 4
stopsr, typed copies at ;~'-*~"* °*"~* ;"* ..... *; .... · ,~ c,~ o,~,;~, ,~ ity h 11 ~-'~ .... d
electronically displayed via the city's website and for such period of time as the council may direct in each
case. If the latter method of publication is adopted, the council may provide that it shall be in lieu of other
methods of publication or in addition thereto at its option. Wherever in this charter there is a requirement of
the publication of any measure or matter, it shall be understood that the city council may designate the manner
of such publication, subject to the options permitted by this section; but nothing herein contained shall be
construed as authorizing or as attempting to authorize any violation of the constitution or the statutes of the
state in any matter which is of state concern or which is exclusively under state control.
NEXT MEETING DATE
The next regularly scheduled meeting will be Thursday, July 17, 2003, at 7 p.m. at Murzyn Hall.
ADJOURNMENT
Motion by Mike Hartel, seconded by Bill Antzaras, to adjourn the meeting at 7:47 p.m.
Respectfully submitted,
Joseph Sturdevant
Acting Secretary for the Charter Commission
April 24, 2003
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