HomeMy WebLinkAbout2019/09/12 - ADMIN - Agenda Packets - Charter Commission - Study SessionAGENDA
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
September 12, 2019
6:00 p.m. – City Hall, Community Room
The mission of the Charter Commission is to evaluate and propose changes which are
warranted in the city’s H ome Rule Charter as provided by state statute. Home rule charters
are, in effect local constitutions passed by local voters and cannot conflict with state laws.
Commissioners are appointed by the Chief Judge of Hennepin Cou nty District Court and serve
on a volunteer basis. (Commissioners are not appointed by city council.) Staff provides
assistance to prepare agendas and performs other administrative duties.
1.Call to Order
2.Roll Call & Attendance
3.Approval of Minutes
a.April 25, 2019 Charter Commission Meeting
4.Old Business
a.Presentation - Update on Charter review process and discussion of next steps
5.New Business
6.Future Meetings
7.Communications
8.Adjourn
For more information or questions regarding this agenda,
please contact Melissa Kennedy at mkennedy@stlouispark.org
or Chair Sara Maaske at smaaske@outlook.com
Auxiliary aids for individuals with disabilities are available upon request.
To make arrangements, please call Administrative Services at 952-924-2525.
UNOFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
April 25, 2019
6:00 p.m. – City Council Chambers, Community Room
1. Call to Order
Chair Maaske called the meeting to order at 6:00 p.m.
2. Roll Call and Attendance
Members Present: JC Beckstrand, Jim Brimeyer, Gary Carlson, Jim de Lambert, Terry Dwyer,
David Dyer, Andrew Rose, Sara Maaske, Erin Smith, and Henry Solmer.
Members Absent: David Ault, Lynne Carper, Matthew Flory
Others Present: Melissa Kennedy (City Clerk), Michael Sund (Elections Specialist – Outreach and
Education), and Robert Stokka (Elections Spec ialist)
3. Approval of Minutes
a. Minutes of March 13, 2018 Charter Commission Meeting
It was moved by Commissioner Brimeyer, seconded by Commissioner Dwyer, to approve the
minutes of March 13, 2018 as presented. The motion passed 10-0.
4. Old Business
a. Presentation – Update on ranked-choice voting outreach, education, and
implementation.
Elections staff provided an update to the Charter Commission on the ongoing plans related to
the implementation of ranked-choice voting for municipal election in 2019 and the programs
and initiatives planned for voter outreach and education.
5. New Business
a. Proposed Annual Report for District Court – Year 2018
It was moved by Commissioner de Lambert, seconded by Commissioner Brimeyer, to approve the
2018 Annual Report and to direct staff to submit to the report to the District Court. The motion
passed 10-0.
b. Election of Officers
Chair Maaske stated that the Election of Officers for Chair, Vice Chair, and Secretary takes place
at each annual meeting.
It was moved by Commissioner Dyer, seconded by Commissioner Rose, to appoint Sara Maaske
as Chair of the Charter Commission until the next annual meeting of the Charter Commission. The
motion passed 10-0.
Charter Commission Minutes -2- March 13, 2018
It was moved by Commissioner Rose, seconded by Commissioner Brimeyer, to appoint David Dyer
as Vice Chair of the Charter Commission until the next annual meeting of the Charter Commission.
The motion passed 10-0.
It was moved by Commissioner Brimeyer, seconded by Commissioner Dyer, to appoint Terry
Dwyer as Secretary of the Charter Commission until the next annual meeting of the Charter
Commission. The motion passed 10-0.
c. Legislative update – verbal
Ms. Kennedy stated staff continues to monitor pending legislation, particularly anything related
to elections. At this time , it doesn’t appear that any pending legislation would directly conflict
with current charter provisions.
d. Potential charter review to identify/update outdated provisions and language
Ms. Kennedy explained that the city council requested a review of the charter to update any
outdated language, insert gender-neutral language, and to make sure there are no direct conflicts
with state law.
The commission discussed the council request . Following their discussion, the Charter
Commission directed staff to work with the city attorney’s office to review the charter in its
current form and provide a report to the commission detailing any legal inconsistencies that need
to be addressed. They also directed staff to work with an appropriate consultant to update t he
charter with gender-neutral language and to provide a report of the commission detailing the
suggested changes. The commission asked for both items to be returned to them this fall and
agreed to schedule a meeting in September of 2019 to discuss and rev iew these items. The
commission indicated after reviewing both of these items they would come up with a plan to
review the charter for instances of outdated language or provisions that no longer reflect current
practice.
6. Future Meetings
The commission asked staff to coordinate a meeting of the commission in September, 2019.
7. Communications – None.
8. Adjournment
It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to adjourn the
meeting. The motion passed 10-0.
The meeting adjourned at 7:16 p.m.
Respectfully submitted by: Melissa Kennedy, City Clerk
Charter Commission
Meeting Date: September 12, 2019
Agenda Item: 4a
Executive summary
Title: Update on charter review process and discussion of next steps
Recommended action: The purpose of this discussion is to provide the commission with an
update on the first phase of the charter review process that was previously directed. Direction is
needed from the commission to determine the next steps in the charter review process.
Policy consideration: Does the Charter Commission want to undertake a formal review of the
charter to address areas that are outdated or no longer accurately reflect current practices?
Summary: At the April 25, 2019 meeting, the Charter Commission discussed the council request
for a thorough review of the City Charter. Following their discussion, the Charter Commission
directed staff to work with the city attorney’s office to review the charter in its current form and
provide a report to the commission detailing any legal inconsistencies that need to be addressed.
The city attorney’s office completed their review for legal inconsistencies and ide ntified the
following:
Section What it says Conflict with
state law
Fix
3.01 “All meetings of the council
shall be public”
Minn. Stat. §§ 13D.03,
13D.05 authorize closed
meetings in certain
situations.
Add “Except as
otherwise provided
by law” before “All”
11.03 “Therefore, the Minnesota
Tort Claims Act, applicable
to Minnesota
Municipalities as it may be
amended from time to
time, M.S.A. § 3.736 is
hereby adopted by
reference.”
Sites wrong statute. Change to:
“Therefore, the
Municipal Tort Claims
Act, applicable to
Minnesota
Municipalities as it
may be amended
from time to time,
M.S.A. Ch. 466, is
hereby adopted by
reference.”
Charter Commission Meeting of September 12, 2019 (Item No. 4a.) Page 2
Subject: Update on charter review process and discussion of next steps
At the April 25, 2019 meeting the commission also directed staff to review the charter to ensure
gender-neutral language was being used and to provide a report of the commission detailing the
suggested changes. An initial review was completed and the following areas were identified:
Section What it says Fix
2.05 “A vacancy shall also be deemed to
exist due to the death, resignation,
removal from office, removal from the
city, removal of a ward councilmember
from his/her ward, continuous absence
from the city for more than three (3)
months, or conviction of a felony of any
such person whether before or after
his/her qualification, … ”
Option 1: replace “his/her” language
with “their”
Option 2: change to “his/her/their”
Option 3: other suggestion from
commission
12.02(2) a. “An individual shall be deemed to
seek nomination or election if
he/she has taken the action
necessary under the ordinance of…”
b. “…or make expenditures in excess of
one hundred dollars ($100.00) with
a view to bringing about his/her
nomination for election or election
to an office.”
Option 1: replace “he/she” language
with “they” and replace “his/her”
language with “their”
Option 2: change to “he/she/they and
his/her/their”
Option 3: other suggestion from
commission
12.18(a) “…any public official who is
authorized to take part in any
manner in making a sale, lease or
contract in his/her official
capacity…”
Option 1: replace “his/her” language
with “their”
Option 2: change to “his/her/their”
Option 3: other suggestion from
commission
12.18(b) a. “Any public official who in the
discharge of his/her duties would be
authorized to…”
b. “…unless the effect on his/her
interests is no greater than on other
persons and/or property similarly
situated, shall disqualify
himself/herself from such action,…”
Option 1: replace “his/her” language
with “their” and replace
“himself/herself” language with
“themselves”
Option 2: change to “his/her/their”
and “himself/herself/themselves”
Option 3: other suggestion from
commission
12.19 a. “Any public official who in the
discharge of his/her duties…”
Option 1: replace “his/her” language
with “their” and replace
Charter Commission Meeting of September 12, 2019 (Item No. 4a.) Page 3
Subject: Update on charter review process and discussion of next steps
b. “…which would affect the interests
of his/her associates, unless the
effect on the interests of his/her
associates…”
c. “…,shall disqualify himself/herself
from such action, vote or decision.”
“himself/herself” language with
“themselves”
Option 2: change to “his/her/their”
and “himself/herself/themselves”
Option 3: other suggestion from
commission
12.20 “…firm or corporation which to his/her
knowledge is concerned,...”
“…thing of value that may tend to
influence his/her in the discharge of
his/her duties,…”
“…grant in the discharge of his/her
duties any improper favor,…”
“…or accept an offer which would not
have been given if he/she were not an
official…”
“…which would result directly or
indirectly from his/her position as a
public official…”
Option 1: replace “his/her” language
with “their” and replace “he/she”
language with “they”
Option 2: change to “his/her/their”
and “he/she/they”
Option 3: other suggestion from
commission
Next steps: The commission previously indicated after reviewing both of these items they would
discuss a plan to review the charter for instances of outdated language or provisions that n o
longer reflect current practice.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: None.
Prepared by: Melissa Kennedy, City Clerk
Soren Mattick, City Attorney