HomeMy WebLinkAbout04-21-2016Charter 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 Stoat 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 19. Procedure on Ordinances was read with new language added. "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. 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 supersede 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.
Stoat 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