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HomeMy WebLinkAbout2010/03/10 - ADMIN - Minutes - Charter Commission - RegularOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 10, 2010 7:00 p.m. – Westwood Room City Hall 1. Call to Order Chair Fiderlein called the meeting to order at 7:00 p.m. 2. Roll Call and Attendance Members Present: JC Beckstrand, Lynne Carper, Jim de Lambert, Terry Dwyer, Brian Fiderlein, Matthew Flory, Ken Gothberg, Jim Kelly, Nathan Prosser, Pat Skinner, Erica Gutmann Strohl and Brittney Turner. Members Absent: Jim Brimeyer (excused) and Gary Carlson (excused). Others Present: Nancy Stroth, City Clerk/Charter Commission Liaison. 2a. Requests for Excused Absences It was moved by Commissioner Beckstrand, seconded by Commissioner Carper to accept excused absences of Jim Brimeyer and Gary Carlson. The motion was unanimously approved. 2b. Introduction of New Members Ms. Stroth introduced new Commissioner Matthew Flory appointed March 1, 2010 with a term expiration on March 1, 2014 and filling the vacancy of Linda Jennings. Commissioner Jim Brimeyer (who was unable to attend) was appointed February 5, 2010 with a term expiring on January 22, 2014 and filling the vacancy of Steve Fillbrandt. She also indicated that Erica Gutmann Strohl was reappointed with a new term expiring March 1, 2014. Introductions followed as each commissioner introduced themselves. 2c. 2010 Term Expirations Chair Fiderlein reviewed terms of commissioners and indicated Gary Carlson and Jim Kelly will both have terms expiring in October 2010. Commissioners will need to inform Ms. Stroth or the Hennepin County Chief Judge regarding reappointments. The City will help the District Court advertise any Commission openings that become available. 3. Approval of Minutes Chair Fiderlein inquired if anyone had changes to the minutes of September 9, 2009. Commissioner Carper requested that Item 2a Requests for Excused Absences be amended to correct the second name to read Jan Loftus. The minutes of September 9, 2009 were accepted as amended. 4. Old Business Charter Commission Minutes -2- March 10, 2010 4a. Paperless Agenda Ms. Stroth asked commissioners feedback whether there were any issues with the electronic agenda process. Commissioner Strohl indicated that in addition to commissioners retrieving the electronic agenda using a password (at least 8 days prior to the meeting), the agenda is also easily accessible on the City website within a few days when it becomes available to the public. It was the consensus of the commission that the process is easy to use and there are no issues. 4b. Revised By Laws Commissioners reviewed current by-laws where the language “or delivered” was added to Sections 1 and 4 as approved at the September 9, 2009 meeting. Discussion took place regarding the need for additional amending of Section 4 language in reference to postmarked notices and notification by telephone. It was moved by Commissioner Kelly, seconded by Commissioner Turner to revise Section 4 of the Charter Commission By Laws to read as follows: “Special meetings of the Charter Commission may be called at any time by the Chair of the commission or by five commissioners upon written notice, mailed or delivered notice postmarked five days prior the meeting, and an attempt should be made to notify each member by telephone.” The motion was unanimously approved. 4c. Updated Charter Roster Ms. Stroth stated she has received a few changes to commissioners contact information since the agenda was distributed. She indicated to commissioners that any other changes should be submitted within the next few weeks so a revised roster can be emailed to commissioners. 5. New Business 5a. Election of Officers Chair Fiderlein indicated that Election of Officers needed to take place and inquired regarding interest of current officers. Chair Nominations: Commissioner Skinner nominated Brian Fiderlein as Chair, and Commissioner Fiderlein accepted. There were no other nominations. Commissioner Carper asked if the Chair position was a rotating position. Chair Fiderlein responded the term of the Chair position has varied. He stated that prior to his appointment, the Chair served for 8 years, and history since then suggests the chair serves 2 years at a time. It was moved by Commissioner Skinner, seconded by Commissioner Turner to nominate Commissioner Brian Fiderlein as Chair of the Charter Commission until the next annual meeting of the Charter Commission. The motion was unanimously approved. Charter Commission Minutes -3- March 10, 2010 Vice Chair Nominations: Commissioner Kelly nominated Commissioner Skinner, and Commissioner Skinner accepted. There were no other nominations. It was moved by Commissioner Kelly, seconded by Commissioner Beckstrand to nominate Commissioner Patrick Skinner as Vice Chair of the Charter Commission until the next annual meeting of the Charter Commission. The motion was unanimously approved. Secretary Nominations: Commissioner Gothberg nominated Commissioner Carper, and Commissioner Carper accepted. There were no other nominations. It was moved by Commissioner Gothberg, seconded by Commissioner Beckstrand to nominate Commissioner Carper as Secretary of the Charter Commission until the next annual meeting of the Charter Commission. The motion was unanimously approved. 5b. Proposed Annual Report for District Court - Year 2009 Chair Fiderlein inquired if anyone had any changes to the Annual Report to the District Court for the year 2009. Commissioner Carper stated his name was spelled incorrectly. Commissioner Kelly stated the meeting date in the last paragraph should be corrected to September 9, 2009. It was moved by Commissioner Beckstrand, seconded by Commissioner Terry to approve the 2009 Charter Commission Annual Report with corrections stated for submittal to Hennepin County District Court. The motion was unanimously approved. 5c. 2010 Work Plan - Housekeeping amendments Section 4.03 Primary Elections Commissioner Dwyer asked clarification on the official newspaper of the City. Ms. Stroth responded the Sun Sailor Newspaper is the official newspaper approved at the first meeting of the City Council each year. It was moved by Commissioner Turner, seconded by Commissioner Strohl to approve the recommended amendments to Section 4.03 Primary Elections to read as follows: “The Council shall, whenever three (3) or more candidates have filed for any elective City office, provide through ordinance or resolution for a primary election to be held for each such office. The primary election shall be held on the first second Tuesday after the second Monday in September August. At least two (2) weeks' notice shall be given by the Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct where a primary election will be held and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notice shall not invalidate such election.” The motion was unanimously approved by roll call vote. Charter Commission Minutes -4- March 10, 2010 Section 4.06 Nomination by Petition Discussion took place regarding the proposed language amendments. Commissioner Flory asked why the language was changing to amount of days verses weeks as previously stated. Ms. Stroth responded the language was consistent with the recently approved state statute language. Commissioner Kelly requested that numbers be also consistently spelled out. Commissioner Strohl questioned the need for the timeline language “before the general City election”. Commissioner Kelly responded the language refers to the year of the St. Louis Park City general elections which are currently held in the odd years. It was moved by Commissioner Strohl, seconded by Commissioner Skinner to approve the recommended amendments to Section 4.06 Nomination by Petition to read as follows: “The nomination of elective officers provided for by this Charter shall be by petition. The name of any nominee shall be printed upon the ballot whenever a petition meeting the requirements specified in this Charter has been filed on the nominee's behalf with the City Clerk. Such petition shall be signed by at least fifteen (15) currently registered electors qualified to vote for the office specified in the petition. No elector shall sign petitions for more candidates than the number of places to be filled at the election, and should the elector do so that signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk not no more than eighty four ten (10) (84) days nor fewer less than eight (8) weeks seventy (70) days and fifty-six (56) days before the first second Tuesday after the second Monday in September August before the general City election. The Clerk shall prepare the ballots with names of the candidates for an office in a manner provided by ordinance. Each petition, when presented, must be accompanied by a twenty dollar ($20.00) filing fee.” The motion was unanimously approved by roll call vote. Section 6.09. Levy and Collection of Taxes. Discussion took place regarding the proposed language amendment referencing “designated City Treasurer” and the word “designated” being problematic. Chair Fiderlein summarized the following issues: • Are we absolutely comfortable with the legality of the statement? • Where else is the term used and is it consistent with the rest of the charter? (Section 5.04 and 6.13 states “City Treasurer”) • Without the rationale and further information, it is hard to make a decision Ms. Stroth indicated the language was determined by the City Attorney and HR staff and that the City Manager and City Council approve the appointment of the City Treasurer. Commissioner Carper stated it was important for the City to be in compliance with the City Charter and the need to make the amendment to replace Finance Director references, to state “designated Charter Commission Minutes -5- March 10, 2010 City Treasurer” as requested by the City staff in order to continue to do proper business. He indicated it may cause issues with the City if not approved at this time. Commissioners discussed the options to revisit this language change with further explanation and discussion at a future meeting and a possible committee to review the complete charter for all references. It was moved by Commissioner Dwyer, seconded by Commissioner Carper to approve the recommended amendments to Section 6.09 Levy and Collection of Taxes to read as follows: “Each year the Council shall levy the taxes necessary to meet the requirements of the budget for the ensuing fiscal year in the manner prescribed by State law. The Director of Finance designated City Treasurer shall transmit a statement of the taxes levied to the County Auditor annually. Such taxes shall be collected and their payment shall be enforced at the time and in the same manner as State and County taxes. No tax shall be invalid because of any informality in the manner of levying the same, nor because the amount levied exceeds the amount required to be raised for the purpose for which it was levied. Any surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year.” The motion was unanimously approved by roll call vote. It was moved by Commissioner Carper, seconded by Commissioner Kelly to direct City staff to determine terminology regarding director of finance, designated City treasurer or City treasurer, and present background information at the next scheduled Charter Commission meeting. The motion was unanimously approved. Section 6.10. Tax Settlement with County. It was moved by Commissioner Dwyer, seconded by Commissioner Turner to approve the recommended amendments to Section 6.10 Tax Settlement with County to read as follows: “The Director of Finance designated City Treasurer shall ensure that all monies in the County Treasury belonging to the City are promptly turned over to the City according to law.” The motion was unanimously approved by roll call vote. 6. Future Meetings Chair Fiderlein set the next meeting for Wednesday, September 8, 2010 at 7 p.m. 7. Communications There were no communication items. 8. Adjournment Motion by Commissioner Skinner, seconded by Commissioner Gothberg to adjourn the meeting at 8:00 p.m. The motion passed unanimously. Respectfully submitted by: Nancy Stroth, Liaison and Lynne Carper, Secretary