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HomeMy WebLinkAboutOctober 23, 2003, Charter Minut CHARTER COMMISSION MEETING MINUTES THURSDAY, OCTOBER 23, 2003 7 P.M. MURZYN HALL CALL TO ORDER The meeting was called to order at 7:10 P.M. by Vice President/Interim President Mike Hartel. ROLL CALL Members present: Bill Antzaras, Bob Buboltz, Charles Christopherson, Mike Hartel, Nancy King, Brian Scott, Clara Schmidt Members absent and excused: Joe Sturdevant, Ted Yehle Members absent and unexcused: John Banyard Also present: City Attorney, Jim Hoeft Council Liaison, Bobby Williams, was excused from this meeting. NOTE: The Charter Commission currently has ten members and five vacancies. APPROVAL OF MINUTES Motion by Commissioner Christopherson, seconded by Commissioner King, to approve the minutes of the July 17, 2003, meeting with the deletion of the word “dinner” in the first line at the top of the minutes. Motion passed unanimously. CORRESPONDENCE The Recording Secretary advised the commission that the following correspondence has been sent or received, or the following events relating to the Charter Commission have occurred since our last meeting: ?? An order was received from Chief Judge reappointing Clara Schmidt to another four-year term. ?? An article was published in the SunFocus on August 14, 2003, regarding commission vacancies. ?? Outgoing commission member/President Ted Landwehr was recognized at a city council meeting on August 25, 2003. ?? An article was published in the SunFocus on August 28, 2003, regarding Charter Commission vacancies. ?? An e-mail/phone call was sent/made to all members on September 18, 2003, informing them of the recent death of former Charter Commission member, Dick Schmidt. ?? An e-mail was received from Commissioner Collova on October 8, 2003, stating he wished to resign from the commission, as he has moved out of the city. ?? A letter was sent to the Chief Judge on October 9, 2003, advising him of Mel Collova’s resignation. STATUS OF MEMBERSHIP The Recording Secretary reported that the commission currently has ten members and five vacancies. In checking with the office of the Chief Judge, there were no new applications received in his office to date. Members were informed that our vacancies have been advertised on the city’s website and local cable station, in the last issue of the city newsletter, as well as articles in the local newspapers. Members were encouraged to tell other citizens about the vacancy and how to apply. Commission applications are available on the city’s website and also in Administration. Interim President Hartel asked the commission members what they thought if he or someone else should attend an upcoming city council meeting and make a short presentation about applying for a position on the Charter Commission. Clara Schmidt offered to do this for the commission. The Recording Secretary stated she would October 23, 2003 Page 1 th try to get this on the council agenda near the beginning of the October 27 City Council meeting, and she would advise Commissioner Schmidt. It was also suggested that applications could be available at the joint board/commission dinner on December th 10. OLD BUSINESS Second Reading of Proposed Charter Changes Several suggested changes to the City Charter were acted upon 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 again stated this a housekeeping matter, and the language proposed to be struck is no longer relevant. Motion by Commissioner Christopherson, seconded by Commissioner King to approve the above wording as a second reading at the commission level. Motion passed unanimously. Motion by Commissioner Schmidt, seconded by Commissioner Antzaras, to forward the above charter change to the City Council for their action/approval. The following change was reviewed for Chapter 3, Section 16: 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 October 23, 2003 Page 2 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 the proposed changes as a housekeeping matter. Motion by Commissioner Christopherson, seconded by Commissioner Scott to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. 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, as state statutes define the rate. He stated this again was a housekeeping matter. Motion by Commissioner Christopherson, seconded by Commissioner Buboltz, to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. The following change was reviewed for Chapter 5, Section 36: 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. Commissioners had received in their agenda packets a copy of the ordinance when this section of the charter was changed in 1997, per a request made at our last meeting. The City Attorney stated his services/amount that can be spent in a referendum situation are defined, and he has no problem with that. However, he feels we need to take out the language that restricts the personal expenses of a petitioner in a referendum situation. Legally, we cannot restrict anyone from hiring their own legal counsel or how much they spend of their own money. Motion by Commissioner Buboltz, seconded by Commissioner Christopherson, to approve the above wording as a second reading at the commission level and forward it on to the City Council for their action/approval. Motion passed unanimously. October 23, 2003 Page 3 The following change for Chapter 12, Section 108, was reviewed: 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. st The City Attorney felt this was a housekeeping matter, and it brings us into the 21 century. A commissioner questioned if cable TV would be official notice, and the City Attorney stated it would not be. Motion by Commissioner Christopherson, seconded by Commissioner Antzaras, to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. Discussion of Possible Charter Changes Possible charter changes to Chapter 2, Section 15 and Chapter 7, Section 72 were then discussed. Chapter 2, Section 15, 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 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. The City Attorney’s stated the state statutes allows for (but does not require it) the City Council to give the city the authority to acquire a bond of our city officials. However, our city charter requires it. He stated the city officials have error/omission coverage, but he was not sure if we have any bonds. It was suggested that the Finance Director, Bill Elrite, prepare a memo to the Charter Commission regarding the history of this bonding, and what his opinion of this section of the charter is. October 23, 2003 Page 4 Motion by Commissioner Schmidt, seconded by Commissioner King to table this issue until we receive further information from the city’s Finance Director. Motion passed unanimously. Chapter 7, Section 72, currently reads: 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 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. It was previously questioned whether the words “within two miles of the corporate limits thereof” should be replaced with the words “within the geographical limits determined by the discretion of the council”. The City Attorney stated if the commission wanted to bring this section of the charter up to date, he would do a sentence by sentence analysis of this section between now and January. It was the consensus of members present that the City Attorney should do this and present them with his findings. NEW BUSINESS All Inclusive Board/Commission Dinner-December 10, 2003 All current members of the commission (and a guest) as well as though citizens who served on the commission th in 2003 (and a guest) have been invited to the all inclusive board/commission dinner on December 10at Murzyn Hall. This dinner will replace the separate Charter Commission dinner we’ve held in the past in October 23, 2003 Page 5 January. Other Topics of Discussion At the July meeting of the Charter Commission, Commissioner Antzaras presented a letter on behalf of Commissioner Collova (who could not be present that evening) dated July 16, 2003. Mr. Collova suggested a change be made to Chapter 3, Section 26, Investigation of City Affairs. He felt that some city supervisors are not following this section of the charter, because employees have been disciplined for talking to council members. Copies of Mr. Collova’s letter were again passed out to members present. Interim President Hartel stated he did not know how this would pertain to the Charter Commission. Free speech issues are not dealt with on this commission. The City Attorney stated this issue should be addressed to the City Manager and City Council. The Recording Secretary passed out new membership lists to those present at tonight’smeeting. NEXT MEETING DATE The next regularly scheduled meeting will be Thursday, January 15, 2004, at 7 p.m. at Murzyn Hall, at which time there will be election of officers. ADJOURNMENT Motion by Commissioner Buboltz, seconded by Commissioner Christopherson, to adjourn the meeting at 8:10 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary October 23, 2003 Page 6