HomeMy WebLinkAbout2005/01/12 - ADMIN - Minutes - Charter Commission - RegularOFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
January 12, 2005
City Hall Westwood Room
1. Call to Order
Chair Carper called the meeting to order at 7:00 p.m.
2. Introductions and Attendance
A. Members Present: Lynn Carper, Steve Fillbrandt, Marilyn Hoeft, Nathan Busch, Cheryl
Ernst, Brian Fiderlein, Linda Jennings, Janice Loftus, John Orenstein, and James Schaefer
B. Members Excused: David Orenstein, Paul Carver
It was moved by Commissioner Loftus, seconded by Commissioner Jennings, to excuse the
absence of the following members: David Orenstein and Paul Carver. The motion passed
unanimously.
C. Others Present: Cindy Reichert, City Clerk/Charter Commission Liaison; Nancy Stroth,
Deputy City Clerk; Jean McGann, Finance Director; and Steve Bubul, Kennedy & Graven, Bond
Counsel.
D. Report on Vacancies: Ms. Reichert reported that the legislature acted in 2004 to remove
term limits. Paul Carver and Mike Sixel were contacted and notified even though their
memberships expire in March, they can opt to be reappointed. Mr. Sixel indicated he is pursuing
other interests and will no longer continue his membership. An advertisement appeared in the
Sun Sailor newspaper along with direct recruiting. She contacted the court regarding any
applications they have on file.
Commissioner Jennings recommended sending a letter to the Citizens Academy participants
announcing the vacancies.
Chair Carper stated to aid the application process, there are two approaches for applicants:
Make direct application to Judge Weiland describing their background and interest.
Contact Cindy Reichert who can give them information
3. Minutes of November 10, 2004 Meeting
It was moved by Commissioner Ernst, seconded by Commissioner Hoeft to approve the minutes
of November 10, 2004 as presented. The motion passed 9-0.
4. Old Business
4a. Report on Charter Celebration Activities
Commissioner Loftus reported on the Charter 50 yr Commemoration held on January 3rd with
approximately 75 attending. The celebration included official presentations and the newly
displayed “Wall of Mayors” pictures. The City Hall bulletin board display will remain but may
move to the Library in the spring. The third grade tours of City Hall were a huge success along
with the Citizens Academy which will continue in 2006.
Commissioner Jennings reported on the power point presentations to the 7th grade classes
working with Bob Jorvig from the Historical Society and Reg Dunlap from the City. The
presentation included interesting detail about the history, planning and looking ahead.
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Commissioner Loftus reported on the possibility of a presentation at the League of Minnesota
Cities Annual Conference. She thanked the Charter Commission, City Staff, volunteers,
Community Ed and the team effort which made the event so successful.
4b. Report from Bond Counsel – Bonds and Debt Limit
Steven Bubul, Kennedy & Graven, presented a brief “Bonds 101” - the basic concept of how
debt is authorized in Minnesota under state law and under charter. Under MN Law Chapter 475
issuance of debt – bonds can only be issued if you first have a referendum, but exceptions exist
and some bonds can be issued by a vote of the city council. Our charter language is confusing in
that it has two provisions which conflict with each other. Mr. Bubul believed the intent was to
allow council to issue bonds authorized by statute with the number of votes required by statute,
and that the second section was intended to allow council to issue other bonds (not allowed by
statute) if the six-vote requirement could be met. He suggested alternative language to clarify
what he believed was the intent.
Jean McGann, Finance Director, also indicated the need for clarification and compliance with
State mandates.
Commissioner Hoeft asked how often the state law changes and if the city would ever be in a
position where our standards were out of compliance with state law.
Mr. Bubul responded that every legislative session saw introduction of new bills regarding public
finance and that the city, the League of MN Cities and city attorney firms like his own ensured
that cities remain in compliance. Ms. McGann indicated that the city’s bond counsel, Kennedy
and Graven, was extremely reputable in this regard.
Commissioner Loftus suggested the phrase “and statutory cities” be added to 6.15 (c) to be
consistent.
Commissioner Schaefer asked what if the council wanted to submit a bonding question to a
referendum, are we in trouble by taking that language out?
Mr. Bubul responded most type of typical City issued bonds are issued under state laws which
call for them to be issued without an election. Attorney General opinions say a city cannot put a
provision in charter saying that those bonds must go to a referendum. The proposed charter
language would also not prohibit St. Louis Park’s residents from calling for a referendum, should
they choose to do so.
Commissioner Loftus suggested under 6.15 (b) last phrase “permitted by law” to add state law
for clarification purposes.
It was moved by Commissioner Jennings, seconded by Commissioner Fiderlein to approve the
revisions to Section 6.15. (a) as submitted by Stephen Bubul. The motion passed 9-0.
It was moved by Commissioner Loftus, seconded by Commissioner Hoeft to approve the
revisions to Section 6.15. (b) as submitted by Stephen Bubul along with the addition of the word
state in the phrase “ permitted by law”. The motion passed 9-0.
It was moved by Commissioner Ernst, seconded by Commissioner Loftus to approve the revisions
to Section 6.15. (c) as submitted by Stephen Bubul with the addition of and statutory cities to the
end of the sentence. The motion passed 9-0.
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It was moved by Commissioner Jennings, seconded by Commissioner Ernst to approve the
revisions to Section 6.16 as submitted by Stephen Bubul. The motion passed 9-0.
It was moved by Commissioner Fillbrandt, seconded by Commissioner Fiderlein to approve the
revisions to Section 6.18 as submitted by Stephen Bubul. The motion passed 9-0.
4c. Section 11.02 Sale of Real Property (deferred to next meeting)
4d. Section 11.06 Gifts and Contracts
Ms. Reichert presented information regarding the City Attorney’s recommendation to delete
Section 11.06 as statutes and city policies cover this topic.
Ms. McGann stated internal policies were reviewed and Council adopted the Public Purpose
Expenditure Policy which specifically lays out activities and goes even further in protecting the
city than what the state law mandates.
It was moved by Commissioner Hoeft, seconded by Commissioner Ernst to approve the deletion
of Section 11.06 Gifts and Contracts. The motion passed 9-0.
4e. Revisit 1999 Review of Chapter 12 – Ethics
Ms. Reichert stated at this time staff has no recommendations for any changes.
No changes were recommended by Charter Commissioners.
4f. Process for Referral of Proposed Revisions to City Council
Ms. Reichert reviewed the process to making changes to City Charter which requires a
unanimous vote of the 7 Councilmembers at second reading. She would propose to prepare a
report to the City Council for consideration at a Study Session, inviting any Commission
members to attend.
After Study Session, a first and second reading of an Ordinance amendment would take place at
a regular Council meeting where all members must be present and there would be a 90 day
period after publication date before the provisions would go into effect.
It was moved by Commissioner Hoeft, seconded by Commissioner Ernst to refer all changes
proposed by the Charter Commission from Sections 1-12 that have been approved by the Charter
Commission and submit to City Council for approval. The motion passed 9-0.
Chair Carper offered to be present at the meeting and invited any other commissioners that
wished to attend to do so.
5. New Business
5a. Select Nominating Committee for Election of Officers
The next annual meeting is scheduled for March 9 where the nomination of three officers; Chair,
Vice Chair, and Secretary will take place. Chair Carper indicated future discussion topics will
include rule codification, bylaws, and term limits.
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Commissioners Loftus and Fiderlein indicated they would serve on the nominating committee.
Chair Carper stated that he was willing to serve as chair. He asked members present to contact
the nominating committee of their interest.
Commissioner Fillbrandt indicated he is still interested in serving as Vice Chair.
Commissioner Hoeft indicated she is still interested in serving as Secretary.
5b. Annual Report for District Court
Ms. Reichert proposed to prepare a report of the Charter Activities for the review of the Charter
Commission and then submit to the District Court.
6. Future Meetings
6a. Setting Date of Annual Meeting
It was moved by Commissioner Loftus, seconded by Commissioner Jennings to set the next
annual meeting for Wednesday, March 9, 2005. The motion passed 9-0.
7. Communications - none
8. Adjournment
There being no further business to discuss, Chair Carper called for a motion to adjourn.
Motion by Commissioner Hoeft, seconded by Commissioner Ernst to adjourn the meeting at
9:45 p.m. Motion passed 9-0.
Respectfully submitted by:
Nancy Stroth, Deputy City Clerk