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HomeMy WebLinkAbout2005/03/09 - ADMIN - Agenda Packets - Charter Commission - RegularAGENDA CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 9, 2005 7:00 p.m. – Westwood Room City Hall 1. Call to Order 2. Roll Call & Attendance a. Requests for Excused Absences b. Report on Vacancies & Recruitment Activities 3. Approval of Minutes - January 12, 2005 4. Old Business a. Report on City Council action on proposed revisions b. Section 11.02 Sale of Real Property - Kevin Locke, Community Dev Director 5. New Business a. Election of Officers b. Proposed Annual Report for District Court – Years 2003 & 2004 6. Future Meetings a. Determine future projects/needs 7. Communications 8. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. SLP Charter Commission March 9, 2005 Item 3 – Minutes of January 12, 2005 UNOFFICIAL 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: Lynne Carper, Steve Fillbrandt, Marilyn Hoeft, Nathan Busch, Cheryl Ernst, Brian Fiderlein, Linda Jennings, Janice Loftus, James Orenstein, and James Schaefer B. Members Excused: David Ornstein, Paul Carver It was moved by Commissioner Loftus, seconded by Commissioner Jennings, to excuse the absence of the following members: David Ornstein 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 SLP Charter Commission March 9, 2005 Item 3 – Minutes of January 12, 2005 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. 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 sees introduction of new bills regarding public finance and that the city, the League of MN Cities and city attorney firms like his own ensure 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 taking 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. SLP Charter Commission March 9, 2005 Item 3 – Minutes of January 12, 2005 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. 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 SLP Charter Commission March 9, 2005 Item 3 – Minutes of January 12, 2005 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. 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 SLP Charter Commission March 9, 2005 Item 5b – 2003 – 2004 Annual Report ST. LOUIS PARK CHARTER COMMISSION ANNUAL REPORT Calendar Year Ending December 31, 2003 Calendar Year Ending December 31, 2004 The St. Louis Park Charter Commission has been very active during 2003 and 2004. The Commission met 6 times in 2003 and 4 times in 2004. Two major undertakings have been accomplished since the last annual report was submitted; a complete review of the city charter, and activities commemorating the 50th anniversary of the city charter. Charter review The Charter Commission, with the assistance of city staff and attorneys, completed a systematic review of the charter and proposed several recommendations to the City Council. It is anticipated that the City Council will unanimously approve all recommendations in late March of 2005. Changes to the charter will go into effect after the required notification period. A summary of the proposed changes follows: o Chapter 4: Elections - Bring requirements regarding public notice of election and time of candidate filing into conformance with statute. o Chapter 5: Administration of City Affairs - Recommend revision to allow for more efficient internal operations by authorizing some contracts of the city to be signed by the City Manager’s designee. o Chapter 6: Taxation and Finance - Recommend revisions to accurately reflect common practice in preparation of annual budget and to clarify number of signatures required to issue bonds. o Chapter 11. Miscellaneous Provisions - Recommend deletion of sections 11.01 Official Bonds and 11.06 Favors and Contracts In addition to the revisions recommended above, Charter Commissioners noted several editorial errors in the Charter which had stemmed from earlier revision processes. The commission directed city staff to conduct research on the history of actions taken by the commission, and made appropriate corrections to the charter document. 50th Anniversary of City Charter The St. Louis Park City Charter was adopted by the voters in 1954 and became effective the first Monday in January of 1955. Planning for the 50th Anniversary celebration began early in 2002. The principal focus of the 50th anniversary activities was to provide opportunities for civic education and public participation. The Celebration began with series of events held at the Parktacular festival in June of 2004. Festivities began with the Parktacular Parade and a ride on a double-decker red English bus by SLP Charter Commission March 9, 2005 Item 5b – 2003 – 2004 Annual Report current and former councilmembers, city managers, mayors and charter commission members; there was a “Share Fair” booth complete with refreshments and historical displays, and on Sunday afternoon an event was held at the Wolfe Park Amphitheater called “St. Louis Park - Then and Now”, emceed by Commissioner Gail Dorfman. Past and present city officials including our current Mayor Jeff Jacobs shared stories about their experiences in St. Louis Park and everyone enjoyed music from the St. Louis Park Community Band. Commission members worked with City and School District staff to create a “Citizen’s Academy” class which was offered through community education this fall. Along with that class a “Citizen Involvement Guide” was created to help educate our residents on how they can become involved in local government In the past some of our school district’s 3rd grade classes have enjoyed tours of City Hall and the Police Department. With the Charter Commission’s help the school district was able to have all of the 3rd grade classes enjoy this tour, hosted by Mayor Jacobs. City staff and members of the SLP Historical Society helped to create a powerpoint presentation called “St. Louis Park: Past, Present and Future” which is now offered to all of the school district’s 7th grade classes. We’re hoping to expand the education program to a 9th grade Citizenship class in 2005. The Marketing Committee, working with the historical society, prepared a display of historic photos and printed materials which traveled around the city for several months. The exhibit has been on display at the Rec Center and the Historical Society Office in Lenox, and is now on display on the first floor of city hall. The Charter Commission’s efforts received quite a bit of media exposure through the Civic TV 17 who produced a show featuring panel discussions with former mayors and city managers. Articles also appeared in the Sun Sailor, the Star Tribune, the League of Women Voter’s newsletter, the Park Perspective and the Historical Society’s newsletter. None of these activities would have happened without community collaboration. Many individuals outside the commission worked to make the celebration a success: • City Staff members • SLP Schools - Community Education Coordinator and Curriculum Director • SLP Historical Society • Vision St. Louis Park Board Members • League of Women Voters • 2004 Parktacular Committee Members Attendance reports and minutes of charter commission meetings are attached for review. Respectfully Submitted: Lynne Carper, Chair Cindy Reichert, Staff Liaison 4010 Highwood Rd City of St. Louis Park St. Louis Park MN 55416 5005 Minnetonka Blvd (952) 928-9846 St. Louis Park MN 55416 (952) 928-2840 SLP Charter Commission March 9, 2005 Item 5b – 2003 – 2004 Annual Report CHARTER COMMISSION 2003 ATTENDANCE ROSTER Members Appointed Term Expires Jan. 8 Mar 12 May 14 July 9 Sept 10 Nov 12 Paul Carver Chair 3-19-97 3-19-05 P P P P Ae P Carol Walsh Vice Chair 6-19-99 6-19-03 P P P Ae P P Marilyn Hoeft Secretary 3-1-02 3-1-06 P P P P Ae P Nathan Busch 2-12-01 12-22-05 Ae P Ae P P P Lynne Carper 4-29-03 10-4-04 --- ---- P P P P Cheryl Ernst 11-19-99 11-18-03 P P P P P P Brian Fiderlein 3-6-00 3-12-05 Ae P P P P P Steve Fillbrandt 4-29-03 1-22-06 ---- ---- P P P P Linda Jennings 3-1-02 3-1-06 P P P P P P David Johnson 2-22-02 2-22-06 P P P P Ae A Janice Loftus 3-1-02 3-1-06 P Ae P P P Ae Michelle Olmstead 10-18-02 10-18-06 P P P P P Ae David Ornstein 11-19-99 11-21-04 P Ae P Ae Ae P James Schaefer 1-15-98 1-19-06 P P Ae Ae P P Michael Sixel 3-13-97 3-14-05 P P P Ae A P P= Present A= Absent Ae= Absence, Excused NOTE: Minnesota Statute Section 410.05 subdivision 2 provides “ When any members has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the Commission, the Secretary of the Charter Commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal. SLP Charter Commission March 9, 2005 Item 5b – 2003 – 2004 Annual Report CHARTER COMMISSION 2004 ATTENDANCE ROSTER Members Appointed Term Expires Jan 14 Mar 10 May 12 Nov 10 Lynne Carper, Chair 4-29-03 10-4-04 P P P P Steve Fillbrandt, Vice-Chair 3-6-00 3-12-05 P P P P Marilyn Hoeft, Secretary 3-1-02 3-1-06 P P P P Nathan Busch 2-12-01 12-22-05 Ae P P P Paul Carver 3-19-97 3-19-05 P P Ae P Cheryl Ernst 11-19-99 11-18-07 P P P P Brian Fiderlein 4-29-03 1-22-06 P P P P Linda Jennings 3-1-02 3-1-06 P Ae P P David Johnson 2-22-02 2-22-06 P P Resigned --- Janice Loftus 3-1-02 3-1-06 P P P P Michelle Olmstead 10-18-02 10-18-06 P Ae Resigned --- James Orenstein 9-13-04 1-31-05 --- --- --- P David Ornstein 11-19-99 11-21-04 Ae P Ae Ae James Schaefer 1-15-98 1-19-06 P Ae Ae P Michael Sixel 3-13-97 3-14-05 P P Ae P Carol Walsh 6-19-99 6-19-07 P P Ae P Ryan Winkler 7-8-04 1-31-05 --- --- --- P P= Present A= Absent Ae= Absence, Excused NOTE: Minnesota Statute Section 410.05 subdivision 2 provides “ When any members has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the Commission, the Secretary of the Charter Commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal.