HomeMy WebLinkAbout01-21-2016COLUMBIA
HEIGHTS
City of Columbia Heights
590 40th Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692
Visit our website at: www.columbiaheightsmn.gov
Meeting of the Charter Commission
January 21, 2016
7:00 p.m.
City Hall
Conference Room 1
1. Call to Order
2. Roll Call /Status of Membership
3. Approval of Agenda
4. Approval of Charter Commission Minutes of October 15, 2015
5. Election of Officers
A. President
B. Vice President
C. Secretary
6. Correspondence
A. Correspondence since last meeting
7. Old Business
A. Discussion regarding Chapter 10, sections 93 -101; City Charter
Mayor
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Nowrocki
Donna Schmitt
John Murzyn, Jr.
City Manager
Walter R. Fehst
8. New Business
A. New Membership Lists
B. Consideration of amending Chapter 4, Section 28a (candidate filing fees) of the City Charter
C. Approve the 2015 Charter Commission Annual Report
D. Annual Review of Charter Commission Purpose
E. Next Meeting Date: April 21, 2016 at 7 P.M., City Hall Conference Room 1
9. Adjournment
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611 to
make arrangements. (TDD /763- 706 -3692 for deaf or hearing impaired only.)
* A QUORUM OF THE COUNCIL MAY BE PRESENT
NOT APPROVED
MINUTES OF THE CITY OF COLUMBIA HEIGHTS
CHARTER COMMISSION
OCTOBER 15, 2015
7:00 P.M.
CITY HALL
CONFERENCE ROOM 1
Call to Order
President Steve Smith called the meeting to order at 7:00 p.m.
Roll Call /Status of Membership
Members present: Ramona Anderson, James Guy, Roger Johnson, Mike Patiuk, Greg Sloat,
Steve Smith, Tim Utz, and Jeff Diehm
Members absent: Wes Wiggins, Matt Abel, Eric Penniston, Lee Bak, Carolyn Laine, Rob
Fiorendino
Also in attendance: Council Liaison Bruce Nawrocki, City Attorney Jim Hoeft, Cable Attorney
Mike Bradley, HR Director /Assistant to the City Manager Kelli Bourgeois, City Clerk /Recording
Secretary Katie Bruno
Approval of Agenda
Motion by Commissioner Johnson, seconded by Commissioner Guy to approve the agenda.
Motion passed unanimously.
Approval of Minutes
Motion by Commissioner Diehm, seconded by Commissioner Guy to approve the minutes from
the July 16, 2015 meeting. Motion passed unanimously.
Correspondence
President Smith read a resignation letter for Commissioner Charles Tyler. Mr. Tyler was
appointed to the commission in February 2009.
Old Business
A. Discussion regarding Chapter 10, sections 93 -101; City Charter
City Attorney Jim Hoeft explained that the Charter Commission is interested in updating the
chapter to reflect state statutes and rules. Mr. Hoeft noted the commission is interested in
clarifying the validity of the sections, or if they have been circumvented by state and federal
regulations.
Mike Bradley, the City's Cable Attorney made the following recommendations:
Section 95:
It was suggested that a summary of the franchise agreement be published, rather than the
entire agreement as it would be very costly. It was also suggested to reduce the number of
times of publication from four to less, as well as reducing the amount of time for the franchise
to become effective.
Section 96:
Mr. Bradley noted the term could be shortened from the current twenty five years, as state law
limitation is fifteen years, and Century Link will likely request a five year term.
Section 98:
It was suggested to delete the provision regulating rates of charges; cities are limited to basic
service rates.
Section 99:
Mr. Bradley explained that the Federal Cable Act prohibits any referendum language allowing
the voters to reject a franchise agreement.
Commissioner Ramona Anderson questioned if Sections 98 and Sections 99 could remain
unchanged in order to protect the City.
Mike Bradley responded it could, suggesting "to the extent allowed by law" be added.
Section 100:
Mr. Bradley suggested changing the language from "every franchise must contain ..." to read
"every franchise shall be subject to..."
Commissioner Jeff Diehm asked if other cities address franchises in their Charters. Mr. Bradley
stated they do, although most are not as lengthy. City Attorney Jim Hoeft explained some of the
issues are superseded by Federal and State laws.
Councilmember Nawrocki stated that the city no longer has a Cable Commission, and would
suggest eliminating the 5% fee.
Chairperson Smith and City Attorney Hoeft stated that would be addressed through the
negotiation process between the City Council and the franchisee.
Chairperson Smith summarized the recommend changes are in sections 95, 96, 98, 99 and 100.
City Attorney Hoeft stated he will redraft the sections as discussed and provide a copy to the
Mr. Bradley for review. Then the proposed changed will be forwarded to the commission
members with their next agenda.
Commissioner Greg Sloat requested looking at other cities for comparison. Mr. Bradley stated
he will look at the cities of Minneapolis and Coon Rapids, as he has worked with both cities
B. Discussion regarding minute taking at meetings
Commissioner Stephen Smith reported he has talked to a few other cities, the majority have
city staff complete the minutes. The primary reason most cities gave was to provide
commission members the opportunity to be fully engaged in the meetings.
Current secretary of the Charter Commission Matt Abel was not in attendance, but did send
comments in support of city staff continuing to the take minutes. Mr. Abel's only concern was
the additional cost to the city to provide a staff member.
Next Meeting Date
Next meeting scheduled for January 21, 2016 at 7:00 p.m. at City Hall, Conference Room 1.
Adjournment
Motion by Commissioner Diehm, seconded by Commissioner Anderson to adjourn.
The meeting was adjourned at 7:38 p.m.
Respectively Submitted,
Katie Bruno, City Clerk
3
CHARTER COMMISSION MEMBERS
The City Charter is the document which enabled the City of Columbia Heights to become a self - governing city under the
municipal home rule provisions of the Constitution and Statutes of Minnesota. The Charter Commission is charged with
keeping the charter current under procedures authorized by State Statutes. The Charter Commission must have not
more than fifteen, and not less than seven members, which are appointed by the Chief Judge of Anoka County District
Court. They are appointed for four year terms. Meet quarterly at City Hall at 7:00 p.m.
MEMBER'S NAME
TERM EXPIRES
ABEL, Matthew
8 -2017
ANDERSON, Ramona
6 -2017
BAK, Lee
12 -2018
DIEHM, Jeffrey
1 -2019
FIORENDINO, Rob
10 -2016
GUY, James R.
3 -2017
JOHNSON, Roger
2 -2016
LAINE, Carolyn
3 -2017
PATIUK, Michael
2 -2016
PENNISTON, Eric
5 -2018
SLOAT, Gregory
1 -2019
SMITH, Stephen
10 -2019
VACANT
2 -2017
UTZ, Tim
12 -2018
WIGGINS, Weston
6 -2017
City Council Liaison: Councilmember Bruce Nawrocki bnawrocki @columbiaheightsmn.gov
City Attorney, Jim Hoeft
City Clerk /Recording Secretary, Katie Bruno kbruno @columbiaheightsmn.gov (763) 706 -3611
Revised 1 -2016
CHAPTER 4
NOMINATIONS AND ELECTIONS
Section 28. THE REGULAR MUNICIPAL ELECTION. A regular municipal election
shall be held on the first Tuesday after the first Monday in November of each even numbered year at
such place or places as the city council may designate. At least fifteen days previous notice shall be
given by the city clerk of the time and place of holding such election, and of the officers to be
elected, by posting a notice thereof in at least the city's polling places, or by publishing a notice
thereof at least once in the official newspaper, or both, as the council may ordain, but failure to give
such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995)
Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on
the date established by Minnesota State Law of any year in which a municipal general election is to
be held for the purpose of electing officers, at the same place or places as general elections are held
and like officers shall preside at such elections.
The purpose of such primary election shall be to select candidates to be voted for at the
general municipal election. The candidates for nomination to each office who shall receive the
greatest number of votes in such primary election shall be placed upon the ballot of the next general
election in numbers not to exceed double the number of vacancies to be filled, and no other name
shall be placed upon the ballot for such general election than the candidates selected at said primary
election. When not more than twice the number of individuals to be elected to a municipal office file
for nomination to any municipal office, no primary shall be held, and the names of those having filed
shall be placed on the municipal general election ballot as the nominee for that office. Any person
desiring to become a candidate for an elective office in the general municipal election shall file with
the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary
municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 20413.06, subd.
1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a
receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so
received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk
shall place such nam e upon the primary election ballot as a candidate for the office named. At least
fifteen days notice shall be given by the City Clerk of the time and place of holding such primary
election and of the officers to be nominated, by posting a notice thereof in at least three of the most
public places in each election district in the city or by publication of a notice thereof at least once in
the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall
not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) (Ordinance No. 1596,
passed on May 9, 2011)
Section 29. SPECIAL ELECTIONS. The council may by resolution order a special
election, fix the time of holding the same, and provide all means for holding such special election.
The procedure at such election shall conform as nearly as possible to that herein provided for other
municipal elections.
Section 30. JUDGES AND CLERKS OF ELEC'T'ION. The council shall at least ten days
before each municipal election appoint three qualified voters of each election district to be judges of
election therein. The judges of each election district shall appoint two qualified electors of the same
district, or as many more as may be authorized by the council, to serve as clerks of election.
y
m
CL
CL
v
0
v
v
v
2v
to
£
e
Uw
N
Y
o
N
7
O
f0
�
C
L
N
�
O
ti
.o
O
�
N
W
C
G1
O
>
9
>,
N
y
OJ
�
C
O
(O
h0
C
£
O
O
Z
`1
0
�
m
c
o
eq
�
0
o
a
Ln
L
Y
v
a,
�3
a
c
£
o
o
a+
W
O
Y
o.
-o
M
0
S
w
N
N
UJ
�
G/
m
W
Y
l6
Y
tO
d
�
�
C
C
m
C
m
Z
U
U
m
N
.1
o
o
o
I
o
„�
d
•�
N
v?
N
rn
�
aNi1.
'�
aNi�
a�i}
�
yN
an
c
3
O
U
C
V)
Lo
l0
N
�
01
m
01
d'
m
M
M
M
m
lD
O
O
l0
V
w m
Ql
m
m
M
c O
m
N
M
•10
N
M
N
I�
N
n
N
N
N
l0
o'
N
N
'V
N
7
6
O
a
`w
UJ
'o
N
Ol
y
Y
o
O
m
N
C
J
o
O
m
o
C
m
l7
U
m
m
a
m
Q
m
CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION
2015 ANNUAL REPORT
MEMBERSHIP:
The following members served in 2014:
Matthew Abel
Ramona Anderson
Lee Bak
Jeff Diehm
Rob Fiorendino
James Guy
Roger Johnson
Carolyn Laine
Michael Patiuk
Eric Penniston
Gregory Sloat
Stephen Smith
*Charles Tyler
Tim Utz
Weston Wiggins
During 2015, one member; Charles Tyler resigned. Commissioners Greg Sloat, Jeff Diehm and Steve Smith were
reappointed. Membership is at fourteen members.
Councilmember Bruce Nawrocki served as the Council Liaison for 2015.
OFFICERS:
The following members served as officers for the Charter Commission in 2015: (This was unchanged from 2014)
President: Steve Smith
Vice President: Tim Utz
Secretary: Matt Abel
MEETINGS:
The Charter Commission held four scheduled regular meetings in 2015; January 15, April 16, July 16 and October 15.
ISSUES DISCUSSED:
In 2015 the Charter Commission continued to discuss the referendum process. The current process was deemed reliable
for the most part, and commissioners were encouraged to submit any further concerns in writing. Recording Secretary
for the Charter Commission Carole Blowers retired in July. The commission indicated they would prefer city staff
continue to serve as Recording Secretary.
Discussion of the City Charter continued, looking at Franchises, Chapter 10, Sections 93 -101. Mike Bradley; the City's
Cable Attorney was present at the October meeting. Mr. Bradley offered some recommendations that would allow the
City to be consistent with state statutes and rules.
There were not any changes from the Charter Commission sent to the City Council for action, nor were there any other
changes suggested from staff or citizens in 2015.
Respectfully Submitted,
Katie Bruno,
City Clerk /Recording Secretary