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HomeMy WebLinkAboutJuly 17, 2003 Charter Minutes CHARTER COMMISSION MEETING MINUTES THURSDAY, JULY 17, 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, John Banyard, Charles Christopherson, Mike Hartel, Nancy King, Ted Landwehr, Brian Scott, Joe Sturdevant, Ted Yehle Members absent and excused: Mel Collova Members absent and unexcused: Bob Buboltz, Clara Schmidt Also present: Council Liaison, Bobby Williams; City Attorney, Jim Hoeft NOTE: The Charter Commission currently has twelve members and three vacancies. APPROVAL OF MINUTES Motion by Mike Hartel, seconded by Ted Yehle, to approve the minutes of the April 24, 2003, as presented. Motion passed unanimously. President Landwehr thanked Commissioner Sturdevant for taking the minutes of the April meeting in Carole’s absence. CORRESPONDENCE President Landwehr advised the commission that the following correspondence has been sent or received since our last meeting in April: ?? Letter dated May 9, 2003, to the Chief Judge regarding Brian Scott’s application to the Charter Commission. ?? Order form Chief Judge appointment Brian Scott. ?? Letter dated May 23, 2003, to the Chief Judge regarding Commissioner Tom Ramdell’s wish not to be reappointed as a member of the Charter Commission. ?? Letter dated May 27, 2003, to Brian Scott welcoming him to the Charter Commission. ?? Letter dated May 28, 2003, to the Chief Judge with signed oath of Brian Scott. ?? Letter dated May 28, 2003, to the Chief Judge regarding Commissioner Schmidt’s wish to be reappointed as a member of the Charter Commission ?? Letter dated May 28, 2003, to the Chief Judge regarding Commissioner Fowler’s wish not to be reappointed as a member of the Charter Commission STATUS OF MEMBERSHIP Ted Yehle and Brian Scott were officially introduced and welcomed to the Charter Commission by President Landwehr. President Landwehr indicated the Charter Commission currently has three openings at this time, and when his second term expires in August, there will be four openings. President Landwehr stated that our 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. The Recording Secretary passed around commission application forms to members, so if members knew someone interested personally, they could just give them the application. Commission applications are available on the city’s website and also in Administration. OLD BUSINESS Discussion of Charter Changes July 17, 2003 Page 1 Several suggested changes to the City Charter were made at the last Charter Commission meeting. The following change was reviewed for Chapter 2, Section 7: 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., except that for council members elected in 1995, one council position term shall expire on the first Monday in January of 1999. The other council position term shall expire on the first Monday in January, 2001. The terms of any council members elected at a general election in 1998 will expire on the first Monday in January of 2003. For council members elected in 1997, one council position term shall expire on the first Monday in January of 2001. The other council position term shall expire on the first Monday in January, 2003. The mayor shall serve for a term of two years and until a successor is elected and qualified, except that the term of the mayor elected in 1995 shall expire on the first Monday in January 1999. Thereafter, t The Mayor shall serve 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. The City Attorney’s opinion was that the crossed off wording serves no function anymore, and leaving it in would only be for historical reasons. He considered this a housekeeping matter. Motion by Commissioner Sturdevant, seconded by Commissioner Christopherson to approve the above wording as a first reading at the commission level. Motion passed unanimously. The following change was reviewed for Chapter 3, Section 16, which was modified by the City Attorney since the last commission meeting: Chapter 3, 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, except that for council members elected in 1998, 2000, and 2002, t The newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter 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 left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, 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. The City Attorney stated that under state statutes, new members actually assume their duties on the council as of the first Monday of January (before our first regular council meeting). He again considers this a housekeeping matter. Motion by Commissioner Hartel, seconded by Christopherson, to approve the above wording as a first reading at the commission level. Motion passed unanimously. July 17, 2003 Page 2 The following change was reviewed for Chapter 9, Section 89: 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 of six percent per annum 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 City Attorney’s opinion was not to put a specific percentage amount in this section. Motion by Commissioner Yehle, seconded by Hartel, to approve the above wording as a first reading at the commission level. Motion passed unanimously. Discussion of Possible Charter Changes Possible charter changes to Chapter 2, Section 15; Chapter 5, Section 36; Chapter 7, Section 72; Chapter 12, Section 108 were then discussed. Regarding 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”. This section currently reads: 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 security by at least three members of the council as having been so approved. They shall be filed with the 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. According to a discussion that President Landwehr had with the City Manager, he felt that a state statute superseded this provision. The City Attorney’s opinion was that there is no need for it. Commissioner Sturdevant asked that the City Attorney investigate this section to see if it is necessary. 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? This section currently reads (with the crossed off wording as being a proposed amendment): Chapter 5, Section 36, Expenditures by Petitioner. 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. , but this shall not prevent the committee from incurring an expense not to exceed four hundred dollars for legal advice, copying, printing, and notaries' fees. 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. In a discussion President Landwehr had with the City Manager, he did not know why this was in the charter. He felt it encouraged referendums by giving monies to groups that want to push for one, but July 17, 2003 Page 3 prohibits someone from spending more than $500. The City Attorney explained that in a past petition situation, he was asked to review the forms to make sure they were correct and to keep track of his time he spent doing this. If he would have used $400 of his time, the city would have stopped the use of his time to the citizens involved. Then the citizens would have had to hire someone else. It was questioned what was changed in this section of the charter in 1997. It was questioned whether it was the amount or something else that was changed. A review of past charters would review exactly what was changed. The City Attorney felt that it should be clarified whose time and monies would be spent; should the city attorney be available to the committee; and how much of the city attorney’s time is the city and Charter Commission comfortable with? He stated that any citizen group could be considered a referendum/ recall committee. Commissioner Yehle wanted to know if it should stop at legal advice. It is not clear who is providing the legal advice. Commissioner Sturdevant stated this problem has not come up for a long time. It is not clear if there are limits of the city attorney’s time to provide legal advice. It would not preclude the committee from going out and hiring their own attorney and spending as much money as they want to. Some commissioners felt the time should be limited, and that section could be misconstrued if we deleted some language. The City Attorney stated that the misdemeanor is not enforceable, and felt the amount of time the city attorney can be used should be limited. President Landwehr thought the crossed out wording was confusing if left in and there was no need for it. Motion by President Landwehr, seconded by Commissioner Hartel, to approve the above wording as a first reading at the commission level. Motion passed unanimously. 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 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 roads and bridging streams and other waterways within the corporate limits and constructing and repairing 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 July 17, 2003 Page 4 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 benefited 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. In a discussion with the City Manager, the President stated he thought this section of the charter might be superseded by state statutes. The City Attorney stated he could come back with more information on this section if it is still needed in the charter. 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 typewritten, mimeographed, or printed copies thereof upon at least ten bulletin boards located in the most public places in the city, near street car stops, typed copies at important street intersections, at the fire station, the city hall and so on, and 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. In a discussion with the City Manager, the President stated he felt the suggested changes were fine. The City Attorney felt this was a housekeeping matter. Motion by Commissioner Christopherson, seconded by Commissioner Hartel, to approve the above wording as a first reading at the commission level. Motion passed unanimously. July 17, 2003 Page 5 NEW BUSINESS Recognition of Outgoing Charter Commission Members President Landwehr stated that Commissioners Ramsdell and Fowler were recently recognized at a city council meeting for their years of past service. He also stated that he will conclude his two terms of office in August, and cannot be reappointed at this time. President Landwehr’s recognition of service at a city council meeting will take place sometime in August. Other Topics of Discussion Commissioner Antzaras presented the President with a letter from Commissioner Collova who could not be present this evening. Mr. Collova wanted a change made to Chapter 3, Section 26, Investigation of City Affairs. He feels that some city supervisors are not following this because employees have been disciplined for talking to council members. The Recording Secretary passed out copies of this particular section of the charter to members present. The City Attorney stated that without talking with Commissioner Collova, he did not know how this section of the charter is applicable to this situation and what he is trying to get at. NEXT MEETING DATE The next regularly scheduled meeting will be Thursday, October 16, 2003, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Commissioner Antzaras, seconded by Commissioner Yehle, to adjourn the meeting at 8:05 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary July 17, 2003 Page 6