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Home My WebLink About07-21-2016Meeting of the Charter Commission July 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 Minutes of April 21, 2016 5. Correspondence 6. Old Business A. Update regarding Council Action on Chapter 10, sections 93 -101; Franchises B. Update regarding Council Action on Chapter 4, section 28a; Filing Fees C. Discussion regarding clarification of language Chapter 3, sections 19 -20; Procedure on Ordinances (Second Reading). Proposed language is underlined. Section 19. PROCEDURE ON ORDINANCES. "The enacting clause of all ordinances by the council shall be in the words, "The City of Columbia Heights does ordain," Every ordinance shall be presented in writing. Every ordinance, other emergency ordinances and interim ordinances, shall have two public readings in full. 7. New Business A. Next Meeting Date: October 20, 2016 at 7:00 P.M., City Hall Conference Room 1 8. 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 MAYBE PRESENT Mayor COLUMBIA Gary L. Peterson HEIGHTS Councilmembers Robert A. Williams Bruce Nawrocki City Of Columbia Heights Donna Schmitt th 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 John Murzyn, Jr. City Manager Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst Meeting of the Charter Commission July 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 Minutes of April 21, 2016 5. Correspondence 6. Old Business A. Update regarding Council Action on Chapter 10, sections 93 -101; Franchises B. Update regarding Council Action on Chapter 4, section 28a; Filing Fees C. Discussion regarding clarification of language Chapter 3, sections 19 -20; Procedure on Ordinances (Second Reading). Proposed language is underlined. Section 19. PROCEDURE ON ORDINANCES. "The enacting clause of all ordinances by the council shall be in the words, "The City of Columbia Heights does ordain," Every ordinance shall be presented in writing. Every ordinance, other emergency ordinances and interim ordinances, shall have two public readings in full. 7. New Business A. Next Meeting Date: October 20, 2016 at 7:00 P.M., City Hall Conference Room 1 8. 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 MAYBE PRESENT Charter Commission Minutes for April 21, 2016 Called to Order by President Smith 7:OOpm. Roll Call: All present except Commissioners Diehm, Fiorendino, Patiuk, and Recording Secretary Bruno. Commissioner Laine arrived after roll call. Also Present: Council Liaison Nawrocki, City Attorney Hoeft President Smith asked new Commissioners Simula and Wiseman to introduce themselves. President Smith requested a motion to change the order of the agenda so that we deal with items that will be second readings before a possible first reading for a proposed change to the Charter. The change would be under Old Business; discuss (A.) first, (C.) second, (B.) last. Motion; Bak, 2nd; Guy. Approved unanimously. Motion to Approve Minutes from Jan.21, 2016 Utz requested a correction in the minutes. Under D. Consideration of amending Chapter 4, Section 28a, related to Candidate Filing Fees. Line 7 starting with Commissioner Utz recommended $15.00. The amount of $15.00 should be $14.38. Motion by Abel, 2nd by Bak to approve minutes with changes. Approved unanimously. Secretary Abel read correspondence as provided by secretary Bruno. Old Business (A.) President Smith opened discussion regarding Chapter 10, sections 93 -101. (Second Reading) Utz asked if was possible to vote on each section separately. He was told that since in the first reading it had been dealt with as one whole section, that it had to be voted on the same way this time. Utz expressed concern over current Federal and State preemption of local authority. Hoeft explained that the Commission isn't trying to change State or Federal laws but trying to clarify and make the Charter more up to date and easier to understand. Motion by Bak, 2nd by Wiseman to approve 2nd reading of changes to Chapter 10, sections 93- 101. Approved with Anderson,Sloat, and Utz voting no. (C.) President Smith opened discussion on changes to Chapter 4, section 28a; Filing Fees (Second Reading) Not much discussion. Motion by Bak, 2nd by Guy to approve 2nd reading of changes to Chapter 4, section 28a; filing fees. Approved with Anderson and Sloat voting no. (B.) President Smith opened discussion on possible change to clarify language in Chapter 3, sections 19 -20; Procedure on Ordinances. Hoeft gave a refresher on why this discussion had been started at the last meeting. Section • Procedure on Ordinances was read with new language added. • clause of all ordinances by • be • • of • ! . Heights does rd ordinance shall be presented in writing. Every ordinance, other emergency ordinances and interim ordinances, shall have two public readings in full, The new language being underlined. Utz expressed concern with the new language appearing to make interim ordinances equal emergency ordinances. Guy asked if State law regarding ordinances superceed City Charters. Hoeft explained the purpose of and State laws regarding how interim ordinances (sometimes also called moratoriums) function and some of the history of how interim ordinances came to existence. Hoeft explained why from the State's perspective that the the maximum life span of 18 months for an interim ordinance makes the normal check and balances of citizen referendums unnecessary and therefore unlawful. Hoeft also gave some examples of recent interim ordinances that the Columbia Heights City Council had passed and what the concerns were that caused them to be passed. Hoeft also stated that since State law regulates how interim ordinances can be used the Charter Commission does not need to make any wording changes and that the suggested added language will not affect how the City can use interim ordinances. Sloat asked for some examples of things warranting an emergency ordinance compared to an interim ordinance. Hoeft suggested things such as a gas line explosion. Utz asked who determined what constituted an emergency. Hoeft answered that it is up to the City Council to decide. Utz asked if anyone has challenged the validity of interim ordinances in court. Hoeft answered that none had successfully. President Smith asked if we needed to take action on this matter since it would only be adding language that wouldn't really have an effect on how the City Council functioned. Laine felt that since it was our job to make the Charter easier to understand and more up to date, this would be a good change to make. Utz expressed dislike for adding the new language. President Smith asked again if we felt it was worth proceeding with this change. Sloat asked for clarification on whether this was to be considered the first reading and whether or not the change will have an effect on how the City handles interim ordinances. President Smith reread Section 19. Procedure on Ordinances with the proposed added language. Motion by Laine, 2nd by Bak to approve the first reading of the new Chapter 19 Procedure On Ordinances with added language. Approved with Anderson, Sloat, and Utz voting against. New Business President Smith asked all members to review the new membership list to make sure that their information listed was correct. President Smith remind the members that needed to be sworn in that they would do so after the meeting and handed each of them the documents that they needed to sign. Motion to adjourn by Bak, 2nd by Anderson. Approved unanimously. Meeting adjourned 7:40 Matt Abel, Charter Commission Secretary