HomeMy WebLinkAbout2021/04/06 - ADMIN - Agenda Packets - Charter Commission - RegularAgenda
Charter Commission Meeting
St. Louis Park, Minnesota
April 6, 2021
6:00 p.m. – WebEx Virtual Meeting
The mission of the Charter Commission is to evaluate and propose changes which are warranted in the
city’s Home 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 County District Court and serve on a volunteer basis. (Commissioners
are not appointed by city council.) Staff help prepare agendas and perform other administrative duties.
All meetings of the St. Louis Park Charter Commission will be conducted by telephone or other
electronic means until further notice. This is in accordance with a local emergency declaration issued
by the city council, in response to the coronavirus (COVID-19) pandemic and Gov. Walz's “Stay Safe MN”
executive order 20-056.
All members of the St. Louis Park Charter Commission will participate in the April 6, 2021 meeting by
electronic device or telephone rather than by being personally present at the Charter Commission’s
regular meeting place at 5005 Minnetonka Blvd.
Members of the public can monitor this meeting by calling +1-312-535-8110 access code: 372 106 61 for
listen only audio. Cisco Webex will be used to conduct videoconference meetings of the Charter
Commission, with commissioners and staff participating from multiple locations.
1.Call to Order
2.Roll Call & Attendance
3.Approval of Minutes
a.December 29, 2020 Charter Commission Meeting
4.Old Business
a.Subcommittee update on review of Home Rule Charter sections 2.09.
Interference with Administration, 12.01. Declaration of Policy, 12.18. Personal
Financial Conflicts of Public Officials, and 12.19. Financial Conflicts of Associates
of Public Officials; Contracts and Transactions Voidable
b.Approve previous recommendation to amend the St. Louis Park Home Rule
Charter by making minor language changes to sections 3.01 and 11.03 to address
identified legal inconsistencies. The recommended amendment also includes
minor changes to sections 2.05, 12.02 (2), 12.18 (a), 12.18 (b), 12.19, and 12.20
to implement the use of gender-neutral language.
5.New Business
a.Proposed Annual Report for District Court – Year 2020
b.Election of Officers
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. Please call
Administrative Services at 952-924-2525 for information.
UNOFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
December 29, 2020
5:00 p.m. – Virtual Meeting via WebEx
1. Call to Order
Chair Maaske called the meeting to order at 5:18 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: Lynne Carper
Others Present: Melissa Kennedy (City Clerk), Soren Mattick (City Attorney), Maria Solano (Sr.
Management Analyst)
3. Approval of minutes
a. Minutes of September 12, 2019 Charter Commission meeting
It was moved by Commissioner Rose, seconded by Commissioner Carlson, to approve the minutes
of September 12, 2019 as presented. The motion passed 10-0.
4. Old business – None.
5. New business
a. Proposed annual report for district court – year 2019
It was moved by Commissioner Smith, seconded by Commissioner Beckstrand, to approve
submission of the commission’s annual report for the calendar year 2019 as presented. The
motion passed 10-0.
b. Election of officers
Commissioner Smith nominated Sara Maaske for the position of chair. Comm issioner Maaske
accepted the nomination.
It was moved by Commissioner Rose, seconded by Commissioner Beckstrand, to appoint Sara
Maaske to the position of Chair of the Charter Commission. The motion passed 10-0.
Commissioner Rose nominated David Dyer for the position of vice chair. Commissioner Dyer
accepted the nomination.
It was moved by Commissioner Rose, seconded by Commissioner Brimeyer, to appoint David Dyer
to the position of Vice Chair of the Charter Commission. The motion passed 10-0.
Charter Commission Minutes -2- December 29, 2020
Commissioner Brimeyer nominated Terry Dwyer for the position of secretary. Commissioner
Dwyer accepted the nomination.
It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to appoint Terry
Dwyer to the position of Secretary of the Charter Commission. The motion passed 10-0.
c. Legislative update – verbal (no action)
Commissioner Carlson provided an update on the 2020 legislative session. He noted several
changes were made to Chapter 410, which directly relates to the administration of charter
commissions. Provisions related to the appointment process by district court s were updated to
extend the appointment deadline to 60 days. Additionally, the limits on reimbursable expenses
of charter commissions were set as a percentage of the city’s property tax levy.
Commissioner Carlson also discussed special provisions that were enacted in response to the
pandemic to expand the ways in which cities could conduct public business, including holding
meetings via electronic means and expanding the use of electronic signatures. He noted he
expected additional discussion on these topics during the upcoming legislative session in 2021.
Commissioner Beckstrand questioned what kind of commission expenses would be
reimbursable.
Commissioner Carlson stated legal expenses associated with the commission would be
reimbursable.
d. Proposed review of Home Rule Charter Sections 2.09. Interference with Administration,
12.01. Declaration of Policy, 12.18. Personal Financial Conflicts of Public Officials, and
12.19. Financial Conflicts of Associates of Public Officials; Contracts and Tra nsactions
Voidable
Chair Maaske stated Commissioner Beckstrand requested that this item be placed on the agenda
for discussion.
Commissioner Beckstrand explained earlier in the year there were separate instances that
occurred in conjunction with the city council that called into the question the conduct of a city
council member and potential violations of charter sections 2.09, 12.01, 12.18 and 12.19. He
stated in his view these situations exposed potential weaknesses in the language of the charter
regarding how complaints or potential violations of the charter are investigated and reviewed.
He suggested that the commission look at how investigations are conducted because there is an
issue with independence of the investigation and an inherent conflict of interest with the
involvement of the city manager and city attorney in the investigative process. He added the city
needs a mechanism that allows for independent investigations of possible violations of the
charter. He requested the commission consider for ming a subcommittee to review the sections
identified and see if there is an opportunity to make changes that would allow for better
governance.
Charter Commission Minutes -3- December 29, 2020
Commissioner Brimeyer referenced the origins of section 2.09 and stated he would like to revisit
a discussion on that section. He stated independent of the events that transpired earlier in the
year, this would be a good opportunity to review the sections identified to determine what could
be changed or improved to help build trust in the community and show that there is oversight of
the city’s leadership and there are mechanisms in place to ensure the charter is being followed.
Vice Chair Dyer stated he thought it was odd that the council reviewed and voted on the potential
charter violation and censorship of one of their own colleagues. He expressed concerns that the
sections in question were too narrow in scope and agreed that there is reason to look at
expanding the language.
Commissioner Beckstrand stated he would like language that would address the investigative
aspect and provide a prescribed penalty or adjudication process.
Secretary Dwyer stated he was not opposed the review and asked if the question was if the
charter commission could become the investigative authority. He explained he would not be in
favor of that because he does not believe that is the role of the commission. He noted he would
like to know how other cities address these issues in their charters and if the process and
language used is standard. He stated ultimately the city council answers to voters and that is who
holds them accountable in their work.
Chair Maaske stated the first question is if the commission wants to review the sections identified
and, if so, what is the process they want to use to complete the review.
Commissioner Brimeyer stated the charter commission should not be an investigative authority
and any investigations in the future should be conducted by an independent investigator. He
added the commission’s role is to look at the provisions of the charter and make sure they are
being enforced.
It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to review the
provisions of Home Rule Charter Sections 2.09. Interference with Administration, 12.01.
Declaration of Policy, 12.18. Personal Financial Conflicts of Public Officials, and 12.19. Financial
Conflicts of Associates of Public Officials; Contracts and Transactions Voidable and to set a
timeline for completion of review. The motion passed 10-0.
Chair Maaske stated how the sections are reviewed is a question of procedure and what
information the commission needs to move forward with the review. She suggested a sub -
committee could be formed to look at the sections and then provide a recommendation to the
commission on a path forward, like what was done when the commission considered the
implementing ranked-choice voting.
It was moved by Commissioner Beckstrand, seconded by Commissioner Rose, to establish a sub-
committee of the commission to review the sections identified and pre pare a recommendation
for the commission on proposed amendments, if any. The motion passed 10-0.
Commissioner Beckstrand questioned what the maximum size of the sub-committee could be.
Charter Commission Minutes -4- December 29, 2020
Mr. Mattick advised that the maximum size should be less than a quorum of the commission to
avoid any potential conflicts with the open meeting law. He also advised the subcommittee vet
any suggested changes through legal prior to presenting to the commission to avoid creating any
legal inconsistencies within the charter.
It was moved by Commissioner Rose, seconded by Commissioner Carlson, to appoint
Commissioners Beckstrand, Brimeyer and Dyer as members of the sub-committee. The motion
passed 10-0.
Commissioner Brimeyer asked the commission to set a deadline for the sub-committee to
complete their review and return with a recommendation. He stated the sub -committee would
provide the chair, city clerk, and city attorney with updates on their progress and activity.
Chair Maaske suggested that the sub-committee complete their review and return with a
recommendation by the commission’s next regular meeting, likely in April or May of 2021. She
added that the staff should provide support or assistance to the sub -committee as needed.
Commissioner Brimeyer agreed with the proposed timeline.
Commissioner Ault also agreed with the proposed timeline and noted that the sub-committee
should have the discretion to utilize staff as needed for assistance in completing their review.
Commissioner de Lambert stated he agreed that the sections should be reviewed as it is
incumbent upon the commission to regularly review sections to ensure they are up to date and
serving their intended purpose. He noted he is not interested in re viewing the sections in the
context of events that occurred previously.
Commissioner Dyer agreed, clarifying that the events that occurred earlier in the year were
prompting the review of the sections in question, not influencing the review.
6. Future meetings
The commission asked staff to coordinate a meeting of the commission in April 2021.
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 6:12 p.m.
Respectfully submitted by: Melissa Kennedy, City Clerk
Charter Commission
Meeting Date: April 6, 2021
Agenda Item: 4a
Executive summary
Title: Subcommittee update on review of Home Rule Charter sections 2.09, 12.01, 12.18, and
12.19
Recommended action: None. The subcommittee will provide a status update to the commission
on their review of the charter sections identified and discuss next steps.
Summary: At the meeting held on December 29, 2020 the Charter Commission authorized the
creation of a three-person subcommittee to review Home Rule Charter sections 2.09.
Interference with Administration, 12.01. Declaration of Policy, 12.18. Personal Financial Conflicts
of Public Officials, and 12.19. Financial Conflicts of Associates of Public Officials; Contracts and
Transactions Voidable and prepare a recommendation for the commission on proposed
amendments, if any. The commission subsequently appointed Vice Chair Dyer, Commissioner
Beckstrand and Commissioner Brimeyer to the subcommittee.
The members of the subcommittee met several times to discuss and review the identified
sections of the charter. The subcommittee also met with the city attorney, city manager, and cit y
clerk to discuss proposed amendments and identify desired outcomes. The subcommittee will
update the commission on the status of their review and discuss next steps.
Next steps: To be determined by the Charter Commission.
Strategic priority consideration: Not applicable.
Supporting documents:
Prepared by: Melissa Kennedy, City Clerk
Reviewed by: David Dyer, Vice Chair
JC Beckstrand, Commissioner
Jim Brimeyer, Commissioner
Charter Commission
Meeting Date: April 6, 2021
Agenda Item: 4b
Executive summary
Title: Approve previous recommendation to amend St. Louis Park Home Rule Charter to
implement gender neutral language and correct minor legal inconsistencies in Sections 3.01 and
11.03
Recommended action: The commission is asked to reapprove their previous recommendation to
amend the charter to implement gender neutral language and correct minor legal inconsistencies
in Sections. 3.01 and 11.03 so the amendment can be brought forward for consideration by the
city council according to the timeline outlined in statute.
Policy consideration: Does the Charter Commission want to move forward with the previous
recommendation to amend the charter?
Summary: At the September 12, 2019 meeting, the Charter Commission recommended moving
forward with an amendment to the charter that would implement gender neutral language and
correct minor legal inconsistencies identified by the city attorney. Unfortunately, due to several
factors at that time, staff was unable to bring the amendment to the council for consideration in
accordance with the prescribed timeline outlined in M.S. § 410.12, Subd. 7. The city attorney has
provided the opinion that in order to move forward with the proposed amendments the
appropriate course of action is for the commission reapprove their previous recommendation so
the amendment can be brought forward for consideration according to the process outlined in
statute.
Next steps: A public hearing and first reading of an ordinance to amend the charter would be
scheduled as follows:
• 4/15 Notice of hearing published
• 5/3 Public Hearing/first reading of ordinance
• 5/17 Second reading of ordinance
• 5/27 Ordinance published
• 7/26 60-day deadline (for petition)
• 8/25 Ordinance effective date (90 days after Passage and Publication)
Strategic priority consideration: St. Louis Park is committed to being a leader in racial equity and
inclusion in order to create a more just and inclusive community for all.
Supporting documents: Draft ordinance
Charter Commission meeting minutes of September 12, 2019
M.S. § 410.12
Prepared by: Melissa Kennedy, City Clerk
Soren Mattick, City Attorney
Charter Commission Meeting of April 6, 2021 (Item No. 4b) Page 2
Subject: Approve previous recommendation to amend St. Louis Park Home Rule Charter to implement gender
neutral language and correct minor legal inconsistencies in Sections 3.01 and 11.03
Draft Ordinance No. XXXX-21
An ordinance amending the St. Louis Park Home Rule Charter sections
2.05, 3.01, 11.03, 12.02 (2), 12.18 (a), 12.18(b), 12.19, and 12.20
by implementing gender neutral language and correcting minor legal inconsistencies
PREAMBLE
WHEREAS, pursuant to Minn. Stat. § 410.12, Subd. 7 the St. Louis Park Charter
Commission has recommended to the city council that the charter be amended as provided
herein; and
WHEREAS, Minn. Stat. § 410.12, Subd. 7 provides that upon recommendation of the
charter commission the city council may enact a charter amendment by ordinance.
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA DOE S ORDAIN:
SECTION 1. The St. Louis Park Home Rule Charter is hereby amended by deleting
stricken language and adding underscored language to the following sections:
Section 2.05. Vacancies in the council.
A vacancy in the council shall be deemed to exist if any person elected thereto fails to qualify
on or before the date of the second (2nd) regular meeting of the new council. 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 their 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 their qualification, or the failure of any councilmember without good
cause to attend any council meeting for a period of three (3) consecutive months. In each such
case the council shall, promptly by resolution, declare a vacancy of the remainder of the term
and appoint an eligible person to fill the vacancy unless the vacancy occurs within ninety (90)
days of the next regularly scheduled city or state election. In the latter case, the council shall
appoint an eligible person who shall serve until the following year's regularly scheduled
election. The term of the appointed person shall extend to the first (1st) regularly scheduled
council meeting of a new year following a regularly scheduled city or state election. The council
shall call a special election concurrently with the next regularly scheduled city or state election
for the purpose of electing an eligible person to fill the remainder, if any, of the unexpired term
created by a vacancy.
Section 3.01. Council meetings.
On the first (1st) regularly scheduled meeting of a new year following a municipal election as
specified in Sections 4.02 and 4.03 of this charter, the council shall meet at the city hall at the
usual time for the holding of council meetings. At this time, the newly elected members of the
council shall assume their duties. Thereafter, the council shall meet at such times as may be
prescribed by resolution, except that it shall meet at a fixed time not less than once a month.
The mayor or any three (3) members of the council may call special meetings of the council
Charter Commission Meeting of April 6, 2021 (Item No. 4b) Page 3
Subject: Approve previous recommendation to amend St. Louis Park Home Rule Charter to implement gender
neutral language and correct minor legal inconsistencies in Sections 3.01 and 11.03
upon at least twelve (12) hours' notice to each member of the council. Such notice shall be
delivered personally to each member or be left in a conspicuous place at the residence if no
such person be found there. The presence of any member of the council at a special meeting
shall constitute a waiver of any formal notice unless the councilmember appears for the special
purpose of objecting to the holding of such meeting. The council may provide by ordinance a
means by which a minority of the councilmembers may compel the attendance of absent
members. Except as otherwise provided by law, all meetings of the council shall be public, and
any person shall have access to the minutes and records thereof at all reasonable times. The
mayor and councilmembers shall each have one vote.
Section 11.03. Damage suits.
The State of Minnesota has regulated actions for the recovery of damages for injuries to
persons and property by statute. Therefore, the Minnesota Tort Claims Act, applicable to
Minnesota municipalities as it may be amended from time to time, M.S.A. § 3.736 M.S.A. Ch.
466, is hereby adopted by reference. The city expressly preserves all rights and defenses
accorded to it by law, including the right to bring claims for contribution or indemnity.
Section 12.02. Definitions.
(2) Candidate means any individual who seeks nomination or election as a public official of
the City of St. Louis Park. An individual shall be deemed to seek nomination or election if he/she
they have taken the action necessary under the ordinances of the City of St. Louis Park to
qualify for nomination or election to an office, or has have received contributions or made
expenditures in excess of one hundred dollars ($100.00), or has have given consent, implicit or
explicit, for any other person to receive contributions or make expenditures in excess of one
hundred dollars ($100.00) with a view to bringing about his/her their nomination for election or
election to an office.
Section 12.18. Personal financial conflicts of public officials.
(a) Contracts void. Except for any contract permitted by M.S.A. § 471.88, any public
official who is authorized to take part in any manner in making a sale, lease or
contract in his/her their official capacity shall have no personal financial interest in
that sale, lease or contract or personally benefit financially therefrom unless the
effect on the public official's personal financial interest is no greater than on any
other person and/or property similarly situated. Any sale, lease, or contract entered
into by the city with regard to which a public official has acted in violation of this
section is void. Any money which is paid by the council in violation of this paragraph
may be recovered from any and all persons interested therein. Any vote pursuant to
M.S.A. § 471.88 must be unanimous by council.
(b) Noncontractual transactions voidable. Any public official who in the discharge of
his/her their duties would be authorized to take an action, vote, or make a decision
concerning a noncontractual transaction of the city which would affect the public
official's interests, unless the effect on his/her their interests is no greater than on
other persons and/or property similarly situated, shall disqualify himself/herself
themselves from such action, vote or decision. Any transaction entered into by the
Charter Commission Meeting of April 6, 2021 (Item No. 4b) Page 4
Subject: Approve previous recommendation to amend St. Louis Park Home Rule Charter to implement gender
neutral language and correct minor legal inconsistencies in Sections 3.01 and 11.03
city with regard to which a public official has acted in violation of this paragraph is
voidable at the option of the council. Any money, which was paid by the council in
violation of this paragraph, may be recovered from any and all persons interested
therein.
Section 12.19. Financial conflicts of associates of public officials; contracts and transaction s
voidable.
Any public official who in the discharge of his/her their duties would be authorized to take an
action, vote or make a decision concerning a contractual or non -contractual transaction which
would affect the interests of his/her their associates, unless the effect on the interests of
his/her their associates is no greater than on other persons and/or property similarly situated,
shall disqualify himself/herself themselves from such action, vote or decision.
Any contract or transaction entered into by the city with regard to which a public official has
acted in violation of this section is voidable at the option of the council. Any money, which was
paid by the council in violation of this section, may be recovered from any and all persons
interested therein.
Section 12.20. Gifts and favors.
No public official shall accept any valuable gift, whether in the form of money, service, loan,
thing or promise, from any person, firm or corporation which to his/her their knowledge is
concerned, directly or indirectly, in any manner whatsoever in business dealings with the city;
nor shall any public official (1) accept any gift, favor or thing of value that may tend to influence
his/her them in the discharge of his/her their duties; or (2) grant in the discharge of his/her
their duties any improper favor, service, or thing of value or accept an offer which would not
have been given if he/she they were not an official; or (3) accept or receive anything of value
through sale or gift of goods or services which would result directly or indirectly from his/her
their position as a public official of the City of St. Louis Park.
SECTION 2. This ordinance shall take effect ninety days after its passage and publication
according to law.
Date of publication of notice of public hearing April 15, 2021
Public hearing and first reading May 3, 2021
Second reading May 17, 2021
Date of publication of adopted ordinance May 27, 2021
Date ordinance takes effect August 25, 2021
OFFICIAL MINUTES
CHARTER COMMISSION MEETING
ST. LOUIS PARK, MINNESOTA
September 12, 2019
6:00 p.m. – St. Louis Park City Hall, 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, Lynne Carper, Jim de Lambert,
Terry Dwyer, David Dyer, Andrew Rose, Sara Maaske, Erin Smith, and Henry Solmer.
Members Absent:
Others Present: Melissa Kennedy (City Clerk), Nancy Deno (Deputy City Manager/HR Director)
Approval of Minutes
a. Minutes of April 25, 2019 Charter Commission Meeting
It was moved by Commissioner Brimeyer, seconded by Commissioner Dwyer, to approve the
minutes of April 25, 2019 as presented. The motion passed 10-0. Commissioner Carper abstained.
4. Old Business
a. Presentation – Update on Charter review process and discussion of next steps
Ms. Kennedy updated the commission on the first phase of the charter review process. She
stated the city attorney’s office completed their review of the charter for legal inconsistencies
and recommended two changes, one in section 3.01 and one in section 11.03. She noted
updates were also suggested in several sections to bring the charter up to date with gender-
neutral language. She identified the options for gender-neutral language and asked the
commission to indicate their preference.
Commissioner Carper suggested moving forward with the proposed changes and asking the city
attorney to further review all sections beyond legal inconsistencies and identify any sections
that used outdated language or that no longer reflect current or recommended practice.
Commissioner Brimeyer stated he would also like the attorney to complete a review of all
sections and provide recommendations on specific changes for the commission to consider
updating language to reflect current practice. He noted he was fine moving forward with the
changes proposed and suggested option 1 for the gender-neutral language.
Commissioner Beckstrand concurred with Commissioners Carper and Brimeyer and suggested
that the commission could consider their own review process after receiving the
recommendations from the city attorney. He stated he preferred option 1 for gender-neutral
language and would also support moving forward with the changes proposed.
Charter Commission Minutes -2- September 12, 2019
Commissioner Solmer stated he was in favor of option 1 for gender-neutral language. He noted
he would be in favor of the commission undertaking further review of the charter and
considering updates, including additional review of the possibility of enacting multi-seat
elections for city council.
It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to send the
proposed updates to the Home Rule Charter to the city council for consideration. The motion
passed 11-0.
5. New Business
6. Future Meetings
The commission asked staff to coordinate a meeting of the commission in April 2020.
7. Communications
Commissioner Dyer provided an update on the changes to the former Telecommunications
Advisory Commission. He stated the commission’s name would be changed to Community
Technology Advisory Commission (CTAC) to reflect a changing, broader scope of business the
commission intended to undertake. He noted several outreach opportunities and encouraged
commissioners to participate to help CTAC understand issues that were important to the
community and how the application of technology could improve city services or the quality of
life in St. Louis Park.
8. Adjournment
It was moved by Commissioner Brimeyer, seconded by Commissioner Beckstrand, to adjourn the
meeting. The motion passed 11-0.
The meeting adjourned at 6:45 p.m.
Respectfully submitted by: Melissa Kennedy, City Clerk
410.12 AMENDMENTS.
Subdivision 1.Proposals.The charter commission may propose amendments to such charter and shall
do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous
state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before
the general election. Only registered voters are eligible to sign the petition. All petitions circulated with
respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000
words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain
a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed
amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed
and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform
the signers of the petition as to what change in government is sought to be accomplished by the amendment.
The summary, together with a copy of the proposed amendment, shall first be submitted to the charter
commission for its approval as to form and substance. The commission shall within ten days after such
submission to it, return the same to the proposers of the amendment with such modifications in statement
as it may deem necessary in order that the summary may fairly comply with the requirements above set
forth.
Subd. 1a.Alternative methods of charter amendment.A home rule charter may be amended only by
following one of the alternative methods of amendment provided in subdivisions 1 to 7.
Subd. 2.Petitions.The signatures to such petition need not all be appended to one paper, but to each
separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A
petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature
the place of residence by street and number, or other description sufficient to identify the place. There shall
appear on each petition the names and addresses of five electors of the city, and on each paper the names
and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible
for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows:
)State of .........................................................
) ss.
)County of .....................................................
.............. ................. being duly sworn, deposes and says that the affiant, and the affiant only, personally
circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence,
and that the affiant believes them to be the genuine signatures of the persons whose names they purport to
be.
Signed ............................
(Signature of Circulator)
Subscribed and sworn to before me
this ....... day of ...... .......
Notary Public (or other officer)
authorized to administer oaths
Official Publication of the State of Minnesota
Revisor of Statutes
410.12MINNESOTA STATUTES 20201
The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards
any particular thereof shall be punishable in accordance with existing law.
Subd. 3.May be assembled as one petition.All petition papers for a proposed amendment shall be
assembled and filed with the charter commission as one instrument. Within ten days after such petition is
transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly
attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any
petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon
completing an examination of the petition, the city clerk shall certify the result of the examination to the
council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate
the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings.
A petition may be amended at any time within ten days after the making of a certificate of insufficiency by
the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case
of an original petition. The city clerk shall within five days after such amendment is filed, make examination
of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk
shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further
action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not
prejudice the filing of a new petition for the same purpose.
Subd. 4.Election.Amendments shall be submitted to the qualified voters at a general or special election
and published as in the case of the original charter. The form of the ballot shall be fixed by the governing
body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and
to distinguish the question from every other question on the ballot at the same time. If 51 percent of the
votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be
filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of
the election or at such other time as is fixed in the amendment.
Subd. 5.Amendments proposed by council.The council of any city having a home rule charter may
propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall
be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the
proposed amendment but before the expiration of such period the commission may extend the time for
review for an additional 90 days by filing with the city clerk its resolution determining that an additional
time for review is needed. After reviewing the proposed amendment, the charter commission shall approve
or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify
the council of the action taken. On notification of the charter commission's action, the council may submit
to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or
the substitute amendment proposed by the charter commission. The amendment shall become effective only
when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner
as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter
amendments in the manner provided by subdivision 1.
Subd. 6.Amendments, cities of the fourth class.The council of a city of the fourth class having a
home rule charter may propose charter amendments by ordinance without submission to the charter
commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members
after a public hearing upon two weeks' published notice containing the text of the proposed amendment and
shall be approved by the mayor and published as in the case of other ordinances. The council shall submit
the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three
months after the passage of the ordinance. The amendment becomes effective only when approved by the
voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments.
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2020410.12
Subd. 7.Amendment by ordinance.Upon recommendation of the charter commission the city council
may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend
the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment. The city council must hold the public hearing on the proposed
charter amendment at least two weeks but not more than one month after the notice is published. Within
one month of the public hearing, the city council must vote on the proposed charter amendment ordinance.
The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved
by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall
not become effective until 90 days after passage and publication or at such later date as is fixed in the
ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a
referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered
voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less.
If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until
it is approved by the voters as in the case of charter amendments submitted by the charter commission, the
council, or by petition of the voters, except that the council may submit the ordinance at any general or
special election held at least 60 days after submission of the petition, or it may reconsider its action in
adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions
submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when
approved by the voters.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122
s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s
107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7; 2010 c 184 s 43
Official Publication of the State of Minnesota
Revisor of Statutes
410.12MINNESOTA STATUTES 20203
ST. LOUIS PARK CHARTER COMMISSION
ANNUAL REPORT
Calendar Year Ending December 31, 2020
The St. Louis Park Charter Commission is active and met once in 2020. The commission did not
make any changes to the city’s charter in 2020 and authorized review of several sections as
outlined below.
Charter review
On December 29, 2020 the Charter Commission authorized a subcommittee of commission
members to review Home Rule Charter sections 2.09. Interference with Administration, 12.01.
Declaration of Policy, 12.18. Personal Financial Conflicts of Public Officials, and 12.19. Financial
Conflicts of Associates of Public Officials; Contracts and Transactions Voidable and to provide a
recommendation to the commission on any proposed changes at their next regular meeting in
2021.
Election of officers
The Charter Commission held elections for officers at its annual meeting on December 29,
2020. Commissioner Sara Maaske was elected to the position of Chair, Commissioner David
Dyer, was elected to the position of Vice Chair, and Commissioner Terry Dwyer was elected to
the position of Secretary.
Respectfully Submitted: Sara Maaske, Chair Melissa Kennedy, City Clerk
5911 Oxford St., Apt. 9 City of St. Louis Park
St. Louis Park MN 55416 5005 Minnetonka Blvd
612-747-1599 St. Louis Park MN 55416
952-928-2840