HomeMy WebLinkAbout2004/05/12 - ADMIN - Agenda Packets - Charter Commission - RegularSt. Louis Park Charter Commission
Chair: Lynne Carper, 952/928-9846
Meeting Notice and Agenda
Wednesday, May 12, 2004 7:00 p.m.
Council Chambers - 3rd Floor of City Hall
AGENDA
I. Introductions & Attendance
• Requests for excused absences
• Report on Resignations/Recruitment Efforts
II. Minutes of March 10, 2004 Meeting
III. 2004 Charter Celebration Task Force Update
IV. Review of Chapters 8, 9 & 10
V. Future Meetings
VI. Other Business
Please notify Chair, Lynne Carper, 952/928-9846, if you are unable to attend.
Auxiliary aids for individuals with disabilities are available upon request. To make
arrangements, please call the Department of Administration at 952/924-2525 (TDD 952/924-
2518) at least 96 hours in advance of the meeting.
UNOFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
March 10, 2004
Westwood Room, City Hall
I. Call to Order
Chair Carver called the meeting to order at 7:00 p.m
II. Introductions and Attendance
It was moved by CommissionerHoeft, seconded by CommissionerFiderlein, to excuse the
absences of the following members: Linda Jennings, James Schaefer, Michelle Olmstead. The
motion passed 12-0.
A. Members Present: Paul Carver, Carol Walsh, Marilyn Hoeft, Lynne Carper, Cheryl Ernst,
Brian Fiderlein, Steve Fillbrandt, David Johnson, Jan Loftus, Nathan Busch, David Ornstein and
Michael Sixel.
B. Members Excused: Linda Jennings, James Schaefer, Michelle Olmstead.
C. Members Unexcused: None
D. Staff Present: City Clerk Cindy Reichert; St. Louis Park League of Women Voters Celia
Andersen.
E. Vacancies: None.
III. Minutes of January 14, 2004 Meeting
It was moved by CommissionerHoeft, seconded by CommissionerErnst, to approve the minutes of
January 14, 2004 as amended. The motion passed 12-0.
III. Review of Chapters 5, 6 & 7 with City Finance Director, Jean McGann
Ms. Reichert distributed a memo to charter commission members outlining recommendations
resulting from staff review of Chapters 4, 5, & 6.
Finance Director, Jean McGann reviewed the justification for the addition of the words “or
designee” to be added to the second sentence of Section 5.05.
Staff Liaison, Cindy Reichert supported the change.
The Finance Director assured Commissioner Fillbrandt that the City Manager’s designee would
have full authorization and would be noted in personnel files.
Commission Busch questioned whether or not the City Manager would still be accountable. Jean
McGann responded with a yes and referred commissioners to the language used in Section 5.01.
Commission Walsh asked if the word “designee” was singular or plural. Discussion followed.
McGann explained that a number of people might be designated according to department needs
and situations.
Motion by Commissioner Sixel to accept recommendation to add “or City Manager’s Designee”
to Section 5.01. Seconded byFiderlein. Motion passed 11-1 (Busch opposed)
Finance Director McGann reviewed the justification of removing the word “details” from the
first sentence of the second paragraph in Section 6.04 stating that the budget is prepared at a
broader categorical level.
Commissioner Busch strongly objected to the deletion stating that he felt it was important to
include line item detail.
Commission Fiderlein stated that line item categories are universally accepted. McGann
explained that details are always available to staff, residents and businesses. The roll up format
without detail is commonly used in other cities and is necessary due to the physical size of the
document. About 60 copies are printed for a cost of approximately $3000.
Commission Chair Carver inquired about the cost for printing if line items were included.
McGann estimated printing costs would be approximately $20,000.
Commissioner Busch inquired as to whether residents would have access to budget detail and if
there would be a charge. Reichert responded that whether or not a resident would be charged is
determined by the City’s data practices guidelines. There would be no cost review documents at
city hall unless a great deal of staff time was spend compiling the data. Cities are allowed to
charge only for copies of documents and costs associated with research and compilation.
McGann said a PDF file could be generated and emailed to a resident or business free of charge.
.
Motion by Commissioner Fiderlein to remove the words “details of” from section 6.04.
Seconded by Commissioner Ornstein. Motion passed11-1 (Busch opposed)
Commissioners Carper and Johnson spoke in favor of the motion due to the cost of printing line
item detail and the availability of the detail if needed. Commissioner Ornstein supported the
motion considering his experience and knowledge of common practice in other municipalities.
Commissioner Ornstein suggested adding the words “or City Manager’s designee” to the last
sentence in Section 5.05 Purchases and Contracts.
McGann said she felt the addition was not necessary but would not object to the change.
Motion by Commissioner Ornstein to add the words “or City Manager’s designee” to the last
sentence in Section 5.05. Seconded by Commissioner Sixel. Motion passed 11-1 (Busch
opposed)
Staff Liaison Reichert stated that staff suggested no changes for Chapter 7, Public Improvements
and Special Assessments.
Chairman Carver opened further discussion for comments, questions or review of Chapter 5, 6
and 7.
Commissioner Loftus asked if a copy of the budget document is available in the Library and
McGann stated a full copy is available.
Commissioner Loftus asked why the number of votes required is at least five-5 (6.07) and at
least six-6 (6.15). Reichert stated that she believed is was due to a statutory requirements. She
would verify that for the next meeting.
Commissioner Loftus wondered if the first sentence in section 6.13 was correct of if the word
“by” should be replaced or omitted. Commission Chair Carver agreed the language could be
stated more clearly. Staff Liaison Reichert will check with the City Attorney for correctness.
Commission Carper said he would like to see the word “morals” deleted from Section 7.02.
Discussion followed. Commissioner Ornstein indicated the word usage is common and the
sentence is a standard legal requirement and consistent with court requirements.
Commissioner Fillbrandt said it would be a substantial change to eliminate the word “morals.”
Reichert stated that the Charter is a historical document, and only necessary changes have been
made since that time. Since removal of the word “morals” is not a compliance issue and does
not substantially change how the charter is interpreted, there was no need to make the change.
Chair Carver suggested that the review continue at the next Charter Commission meeting
IV. 2004 Charter Celebration
Commissioner Loftus presented a Task Force Update stating that planning for events and related
activities were continuing to progress. Meetings had been held with the Parktacular committee
and the parade and parktacular related events were nearly finalized. Hennepin County
Commissioner Gail Dorfman, a former mayor, had agreed to emcee the event and Representative
Jim Rhodes would be leading the SLP Community Band as entertainment. Plans include a
double-decker bus for the parade in which Charter Commission members and past and present
mayors, councilmembers and city managers would be riding.
Commissioner Jennings was not able to attend the meeting, but Commissioner Loftus reported
that the education committee had been working with school district personnel. It had been
decided that the school education programs would focus on the 3rd, 7th and 9th grades. Plans for a
citizen’s academy to be offered as a cooperative venture with the SLP Community Education
Department were underway.
Commissioner Fiderlein reported that marketing committee members had been discussing the
display with Historical Society members and determining venues for the display.
Questions had been raised regarding procedures for solciting funds and reporting requirements.
Ms. McGann answered questions from the task force and offered to help set up an account for
the donations and subsequent expenditures
Ms. Reichert clarified that Celebration Task Force members would be meeting with the city
council to provide an update at their meeting of May 12th.
IV. Annual Elections – Report of Nominating Committee
Commissioners Ernst and Fiderlein reported that Charter Commissioners had been contacted to
determine their interest in serving as officers of the commission and to provide their
recommendations as to who they would like to serve.
The nominating committee put forth the following slate of candidates:
▪ Lynne Carper, Chair
▪ Steve Fillbrandt, Vice Chair
▪ Marilyn Hoeft, Secretary
Motion byCommissioner Fiderlein to accept the proposed slate of candidates. Seconded by
Commissioner Ernst. Motion passed 12-0.
Former Chair Carver invited newly elected Chair Carper to finish officiating the meeting.
VI. Future Meetings
The next meeting of the Charter Commission will be held on May 12, 2004 at SLP City Hall –
room location to follow.
V. Other Business
Commissioner Johnson informed the commission that he would be resigning in the very near
future due to his decision to move out of St. Louis Park.
VI. Adjournment
There being no further business to discuss, Chair Carper adjourned the meeting at 8:40 p.m.
Office of the City Clerk
5005 Minnetonka Boulevard
St. Louis Park MN 55416
(952) 928-2840
TO: Charter Commission
FROM: Cindy Reichert, City Clerk
SUBJECT: Charter Review Chapters 8, 9, 10
DATE: May 5, 2004
Staff and City Attorneys have reviewed Chapters 8, 9 and 10 of the City Charter and are offering
no suggested changes.
Suggested Revisions to Previously Reviewed Sections
Section 1.04, Application of General Laws - At the meeting of September 10, 2003 the
following change was directed by a vote of the charter commission:
Sentence “All general laws and statutes of the state applicable to all cities
operating under home rule charters, or applicable to cities of the same class…”
should read, “All general laws and statutes of the state applicable to all cities
operating under home rule charters, are applicable to cities of the same class…”
Our City Attorney has since reviewed suggested revisions from the Charter Commission and
recommends against adopting the proposed change to Section 1.04. He maintains that the word
"or" is correct in the sentence. The provision is intended to make all laws generally applicable to
charter cities, and to second-class cities, applicable to St. Louis Park. He believed the
recommendation occurred because commission members may not be familiar with how cities are
categorized or classified by various statutes and laws, and that St. Louis Park is both a charter
city and a "second class" city as defined in M.S. 410.01 which provides:
410.01 Cities, classes.
Cities are hereby divided, for legislative purposes, into classes as follows:
First class -- Those having more than 100,000 inhabitants provided that once a
city is defined to be of the first class, it shall not be reclassified unless its
population decreases by 25 percent from the census figures which last qualified
the city for inclusion in the class;
Second class -- Those having more than 20,000 and not more than 100,000
inhabitants;
Third class -- Those having more than 10,000 and not more than 20,000
inhabitants, and
Fourth class -- Those having not more than 10,000 inhabitants.
While there are not very many laws applicable to second-class cities, the statute section reflects
legislative intent that the City be subject to these laws, as Minneapolis is subject to laws directed
at cities of the first class.
Section 6.15, Bonds and Debt Limit - At the meeting of March 10, commissioners questioned
why 6 council votes were required to authorize issuance of bonds. Two memos from the City’s
Bond Counsel is attached which more fully explain those provisions and contain
recommendations for future action.
Kennedy 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
M E M O R A N D U M
TO: Jean McGann
FROM: Stephen Bubul
DATE: March 15, 2004
RE: Charter Voting Requirement
As we discussed, on reflection I have concluded that Section 6.15(b) of the City Charter,
requiring 6 votes to authorize a bond issue, does not apply to tax increment bonds issued under
Minnesota Statutes, Section 469.178 and Chapter 475.
Section 6.15(b) of the Charter provides in relevant part:
The Council, by a vote of at least six (6) of its members, may authorize a bond issue
to provide funds for any public purpose not prohibited by law or may, in its
discretion, by a majority vote of all its members submit the question whether to issue
such bonds to the voters.
Section 6.15(a) provides in relevant part (emphasis added):
In addition to the power to borrow and issue bonds and other securities for the
payment of money specifically or impliedly granted by this Charter, the City shall
have the powers granted to cities of its same class by the laws of the State of
Minnesota. . . . The powers granted in this paragraph are in addition to and
separate from the powers granted by any other provisions of this Charter.
Notwithstanding Section 1.04 of this Charter, if the provisions of any laws
referred to in this paragraph are inconsistent with other provisions of this Charter,
the provisions of such laws shall be controlling as to powers granted by such
laws.
Section 1.04 of the Charter provides that all powers authorized by state laws “shall be
exercised in conformance with this Charter and such authority and power shall not
authorize the City to incur bonded debt in any other manner than authorized by this
Charter.”
Reading these provisions together, it is apparent that the two paragraphs of Section 6.15 provide
separate and independent authority for issuance of bonds. That is, under Section 6.15(a), the
City has all the powers to issue bonds granted to similar-class cities under state law. This power
is in addition to and separate from the powers granted under any other provision of the charter —
e.g., Section 6.15(b). Moreover, the provisions of state law govern the issuance of bonds issued
under Section 6.15(a) notwithstanding the language in Section 1.04 (which would otherwise
require that Charter provisions always control the issuance of debt).
Section 6.15(b) provides authority to issue bonds solely under the Charter. In that case, the six-
vote approval applies. The primary significance of this paragraph is that it permits issuance of
bonds without election in situations where no state law would authorize that issuance. But
Section 6.15(b) is not the exclusive authority for issuance of bonds under the Charter. Rather,
this paragraph expands on state law, and imposes a more stringent voting requirement applicable
to bonds issued under this expanded authority.
General obligation tax increment bonds may be issued under Minnesota Statues, Section 469.178
and Chapter 475. The bonds may issued without election, and by simple majority vote (which is
implied, as the statute is silent on the voting requirement). For the reasons described above, in
my view the City may issue such bonds solely in accordance with the procedures of the cited
statutes without regard to the voting requirement for bonds issued under Section 6.15(b) of the
Charter.
If you have further questions on this matter, please let me know.
Kennedy 470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
M E M O R A N D U M
TO: Cynthia Reichert
FROM: Stephen Bubul
DATE: May 5, 2004
RE: Charter Voting Requirement
I understand that the Charter Commission is in the process of reviewing the City Charter for
potential amendments. You asked me to comment on any suggested changes particularly in
Chapter 6 related to issuance of Bonds.
In a memorandum to Finance Director Jean McGann dated March 15, 2004, I provided advice to
the City regarding interpretation of Section 6.15. Specifically, I concluded that Section 6.15(b)
of the City Charter, requiring six votes to authorize a bond issue, does not apply to tax increment
bonds issued under Minnesota Statutes, Section 469.178 and Chapter 475.
My memo did not address other types of bonds. Further, the existing charter language is
somewhat difficult to follow, and in the past has led to confusion by staff, attorneys and elected
officials regarding the proper application of the six-vote requirement. Therefore, I would
recommend that the Charter Commission consider an amendment to clarify that the purpose of
Section 6.15(b) is to permit issuance of bonds without election, subject to the six-vote
requirement, in situations where such issuance expands on state law. The amendment should
clarify that Section 6.15(b) is not intended to impose the six-vote requirement on issuance of
bonds that may be issued under state law by majority vote. I believe this is consistent with the
existing charter language, but clarifying language would help avoid future confusion on this
point.
If the Charter Commission wishes to move forward on such a change, I would be happy to offer
suggestions on precise wording of the amendment.
If you have other questions, please let me know.
ST. LOUIS PARK CHARTER COMMISSION ROSTER
May 5, 2004
NAME/TITLE
APPT DATE
ADDRESS CONTACT INFO TERM
EXPIRES
Irving Lynne Carper
Chair
04/29/2003
4010 Highwood Rd
St. Louis Park MN 55416
(H)
(email)
952/928-9846
ilcjac4010@aol.com
10/04/2004
Steve Fillbrandt
Vice Chair
04/29/2003
2715 Huntington Ave S
St. Louis Park MN 55416
(H)
(email)
952/926-0596
sfillbrandt@yahoo.com
01/22/2006
Hoeft, Marilyn
Secretary
03/01/2002
7020 W. 24th St
St. Louis Park MN 55426
(H)
(W)
(email)
952/546-7142
952/544-1100
romahoeft@msn.com
03/01/2006
Busch, Nathan
02/12/2001
1600 Pennsylvania Ave S
St. Louis Park MN 55426
(H)
(email)
952/542-3858
busc0079@tc.umn.edu
12/22/2005
Carver, Paul
03/19/1997
1450 Texas Circle
St. Louis Park MN 55426
(H)
(W)
(email)
952/513-0423
612/672-3263
pcarver@bowman-brooke.com
03/19/2005
Ernst, Cheryl
11/19/1999
8914 Cedar Lake Rd
St. Louis Park MN 55426
(H)
(W)
952/544-6987
612/863-4242
11/18/2007
Fiderlein, Brian
03/06/2000
2820 Vernon Ave S
St. Louis Park MN 55416
(H)
(W)
(email)
952/285-5106
763/553-0644 ext. 3391
Brian_Fiderlein@adp.com
03/12/2005
Jennings, Linda
03/01/2002
3925 Joppa Ave S
St. Louis Park MN 55416
(H)
(e-mail)
952/925-4283
jenningspaulinda@netzero.com
03/01/2006
Loftus, Janice
03/01/2002
3341 Zarthan Ave S
St. Louis Park MN 55416
(H)
(email)
952/925-1864
jdloftus@msn.com
03/01/2006
Ornstein, David
11/19/1999
8712 Westmoreland Lane
St. Louis Park MN 55426
(H)
(W)
(e-mail)
952/546-6955
952/563-4892
dornstein@ci.bloomington.mn.us
11/21/2004
Schaefer, James
01/15/1998
4028 Xenwood Ave S
St. Louis Park MN 55416
(H)
(W)
(email)
952/924-0570
952/888-0090
jeschaefer@qwest.net
01/19/2006
Sixel, Michael
03/13/1997
4205 Utica Ave S
St. Louis Park MN 55416
(H)
(W)
(email)
952/920-8892
763/212-2690
msixel@mn.rr.com
03/14/2005
NAME/TITLE
APPT DATE
ADDRESS CONTACT INFO TERM
EXPIRES
Walsh, Carol
06/19/1999
4320 Highway 7 #1
St. Louis Park MN 55416
(H)
(W)
(email)
952/920-3473
651/296-4236
carol.walsh@state.mn.us
06/19/2007
VACANCY
(Due to resignation of Michelle Olmstead)
VACANCY
(Due to resignation of David Johnson)
Burke, Kevin
Chief Judge
C-1042 Govt Ctr
300 S 6th St
Mpls MN 55487-0422
(W)
(Fax)
612/348-8305
612/348-2131
Reichert, Cynthia
Staff Liaison
5005 Minnetonka Blvd
St. Louis Park MN 55416
(H)
(W)
(Fax)
763/544-2390
952/928-2840
952/924-2170
creichert@stlouispark.org
Andersen, Celia
SLP League of Women
Voters
4246 Vernon Ave S
St. Louis Park MN 55416
(H)
(email)
Receives Packet
952/929-0502
cander4170@aol.com