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:
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An order was received from Chief Judge reappointing Clara Schmidt to another four-year
term.
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An article was published in the SunFocus on August 14, 2003, regarding commission
vacancies.
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Outgoing commission member/President Ted Landwehr was recognized at a city council
meeting on August 25, 2003.
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An article was published in the SunFocus on August 28, 2003, regarding Charter
Commission vacancies.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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