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HomeMy WebLinkAbout2013/03/13 - ADMIN - Minutes - Charter Commission - RegularOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA March 13, 2013 7:00 p.m. – Council Chambers City Hall 1. Call to Order Chair Carper called the meeting to order at 7:00 p.m. 2. Roll Call and Attendance Members Present: Jon Beckstrand, Jim Brimeyer, Gary Carlson, Lynn e Carper, Jim de Lambert, Terry Dwyer, Brian Fiderlein, Matthew Flory, Ken Gothberg, Sara Maaske, Tamara Nugteren, David Obray, Henry Solmer and Erica Gutmann Strohl. Members Absent: None Others Present: Nancy Stroth, City Clerk/Charter Commission Liaison; Ray French, Administrative Intern. 2a. Requests for Excused Absences - None 2b. Reappointments Ms. Stroth introduced new Commissioners David Obray (appointed September 10, 2012) and Sara Maaske (appointed February 13, 2013). She indicated the two vacancies filled were due to Commissioners Nathan Prosser and Patrick Skinner who did not seek reappointment when their terms expired. Ms. Stroth also stated the following commissioners reappointed by Chief Judge Cahill: Lynne Carper with term expiring December, 2016; James de Lambert and Brian Fiderlein with terms expiring March, 2017. Introductions followed as each commissioner introduced themselves. 2c. 2014 Term Expirations Ms. Stroth indicated that commissioners whose terms expire in 2014 will be contacted regarding reappointment prior to the expiration dates. The terms of Jim Brimeyer, Matthew Flory, and Erica Strohl expire in March. Gary Carlson’s term expires in October, and Tamara Nugteren’s term expires in November. 3. Approval of Minutes It was moved by Commissioner Carlson, seconded by Commissioner Gothberg, to approve the minutes of March 14, 2012, as presented. The motion passed 14-0. 4. Old Business 4a. Civil Penalties Ordinance Update Ms. Stroth summarized the status of the Civil Penalties Ordinance. The City C ouncil felt the need for a legitimate and necessary alternative method of enforcing the City Code. In August 2011, the Council directed the Charter Commission to pursue a Charter amendment to ensure successful implementation of the Civil Penalty Ordinance. The Charter Commission met in December, 2011, and voted unanimously to recommend that the Council adopt the Charter amendment pertaining to civil penalties and assessment of unpaid fines. Charter Commission Minutes -2- March 13, 2013 Council approved the Charter amendment in March, 2012, which was published and became effective June 15, 2012. On August 20, 2012, the City Council adopted the City Code Ordinance establishing the Administrative Penalties Program, which became effective September 14, 2012. Staff advertised for Hearing Officers, and 4 attorneys were appointed in October 2012. The Administrative Penalties Program is in the beginning stages with one citation given out by Public Works. No appeals have been received. Administrative Intern Ray French gave more details about the Administrative Penalties Program. • Used by departments in the City who have the authority to enforce the Code, i.e. Public Works, Inspections, Fire. • Process is that City staff first works with property owner to remedy the Code violation. • Citation is issued if the property owner is not compliant. The highest fee is $750 for violation of condition of subdivision approval or violation of CUP. Most fees are $25- $100 which assist with costs for the attorney hearing officers. • Property owner has 30 days to pay the fee or it is assessed to the property. • Property owner can appeal and request a hearing. • Hearing Officers conduct an administrative hearing to determine if the violation actually occurred. Citation can be revised if there is a mitigating circumstance. Testimony is heard from resident and enforcing officer. Hearing Officer makes the decision. • SLP website has a link under the “I Want To...” tab which leads to information regarding paying a citation and also to the handbook for the Administrative Penalties Program, which was prepared for residents to learn more about the process. Chair Carper asked for questions: Jon Beckstrand asked what the first citation was issued for and how the Hearing Officer attorneys are paid. Mr. French replied he did not know the actual citation, only that it was issued by Public Works. He indicated that attorneys are paid per hearing and that two of the four attorneys are also hearing officers for other cities. Commissioner Flory asked how these complaints usually come up – from City employees noticing or neighbors? Mr. French replied that it could be both. Another question was asked how many citations the City would expect to write for snow removal. Mr. French replied that typically other cities write 10 or so citations in one year. 5. New Business 5a. Election of Officers Chair Carper indicated that a simple Election of Officers by voice vote needed to take place for Chair, Vice Chair and Secretary. New officers will take office at the end of the meeting. Chair Carper asked for nominations for Chair. Commissioner Nugteren asked what the duties of the Chair are. Chair Carper replied that the Chair is in communication with the City Clerk Charter Commission Minutes -3- March 13, 2013 regarding meetings that need to be held for the purpose of legislative updates or for purposes that have been determined by the City Council, i.e., Civil Penalties Ordinance. If any of the other commissioners deem it appropriate to call an additional meeting, the Chair contacts the City Clerk, and a special meeting is called. The annual meeting is held in March, and an annual report is submitted to the Hennepin County Chief Judge who also appoints the commission members. It was moved by Commissioner Beckstrand, seconded by Commissioner Flory to nominate Commissioner Carper as Chair of the Charter Commission until the next annual meeting of the Charter Commission. The motion was unanimously approved. Commissioner de Lambert nominated Commissioner Nugteren as Vice Chair. Commissioner Nugteren declined the nomination. Commissioner Beckstrand volunteered to take the Vice Chair position. It was moved by Commissioner de Lambert, seconded by Commissioner Flory to nominate Commissioner Beckstrand as Vice Chair until the next annual meeting of the Charter Commission. The motion was unanimously approved. It was moved by Commissioner Gothberg, seconded by Commissioner Beckstrand to nominate Commissioner Fiderlein as Secretary until the next annual meeting of the Charter Commission. The motion was unanimously approved. 5b. Proposed Annual Report for District Court - Year 2012 Chair Carper inquired if anyone had any corrections or additions to the Annual Report to the District Court for the year 2012. There were no corrections or additions. It was moved by Commissioner Gothberg, seconded by Commissioner Beckstrand, to approve the 2012 Charter Commission Annual Report for submittal to Hennepin County District Court. The motion was unanimously approved. 5c. Legislative Update Chair Carper turned the floor over to Commissioner Carlson. Commissioner Carlson said that there were a couple of bills in the legislature right now that may have an impact on our City Charter. 1. Publication of Official Notices on the City’s website in lieu of publication in an official newspaper. This bill will likely not pass this year because the Newspaper Association likes the revenue generated by the publication requirements placed on cities, counties and school districts. The Charter only refers to “publication.” It may be worthwhile to allow official publication to be done via the website because it is something that the City actively uses and promotes. This may be a more complicated update to the Charter that the Commission may want to discuss. Chair Carper asked if the Commission should consider making the update to the Charter even though the legislation may not pass. Commissioner Carlson replied that one of the things that he heard from the Newspaper Association is that there is nothing in State law Charter Commission Minutes -4- March 13, 2013 that would prohibit the City from moving to publication on the website instead of in the newspaper. It was noted that Section 3.07 of the Charter uses the terminology “official newspaper of the City,” which is State law wording. Commissioner Carlson suggested that the Commission could consider amending the Charter to include some references to alternative types of publication. Commissioner Nugteren asked how much the City of St. Louis Park spends on official publications each year. Ms. Stroth indicated the approximate yearly publication costs were less than $7,000. Commissioner Gothberg recommended using State law wording to make any changes to the Charter in order to avoid making multiple changes. He also suggested that if the Charter Commission does have to make a Charter revision regarding legal publication, in order to be legal the wording should say that the City will publish “according to State law.” 2. Change of State Primary Election date from August to June This bill could pass this year, and the Charter Commission would then have to update the Charter to reflect that change. 3. Early Voting as Opposed to Absentee Voting This bill would not affect the Charter. 4. Rank Choice Voting Representative Simon is currently working on a bill that would lay out options and a framework that would be universal for cities that choose to use a rank choice voting system. Commissioner Beckstrand mentioned that there has been discussion on whether current ballot counters could tabulate rank choice ballots. Commissioner Strohl raised the question if the City were to go to a rank choice system, would it be good to change the Charter regarding the cycle of when the at-large Council seats and ward Council seats are on the ballot. She indicated she felt it was confusing to the public when there are two at-large seats (A & B) up for vote at the same time. Commissioner Brimeyer noted that when the A & B at-large candidate system was set up in the 1980’s, the Charter Commission wanted the candidates to have the opportunity to run against an individual who was either A or B and not run the risk of having to run against both of them. Currently, the Commission could remove the A & B but it would be a very controversial change. Commissioner Gothberg indicated there is a greater cost for rank choice voting than for holding a primary. The greater cost is for election equipment that can read the rank choice ballots for the City elections, in addition to the regular ballot tabulators for State and Federal elections. The City would be running two systems that is not only expensive, but also a significant educational issue for the voters. It would be especially difficult for cities who run the State and Federal elections in the same year as their city elections. Charter Commission Minutes -5- March 13, 2013 Online voting was brought up, but it was noted that online voting would have privacy and fraud issues. Commissioner Carlson mentioned that Representative Simon’s bill would also permit school districts to use rank choice voting. He is hoping to come up with a standard format for this type of voting for those cities who choose to use it. Ms. Stroth indicated that the City Council discussed rank choice voting in 2010 with the consensus that no changes would be made to the City’s voting method. She also indicated that all of Hennepin County will have new voting equipment in 2013. 5. Municipal Street Improvement District – This was another way to pay for street improvements without using property tax exclusively. This would be a state statutory authorization and would not require a change in the City Charter. 6. Non-profits (501C3 charity) Exemption from City Fees and Charges - This bill was called and died in the Senate. The State Senate and House will begin budget negotiations shortly after Easter in order to have the budget completed by May 20. 6. Future Meetings Chair Carper proposed setting March 12, 2014 (second Wednesday in March) at 7:00 p.m. as the next meeting of the Charter Commission. He noted that it may be necessary for the Commission to meet sometime after the State Legislature recesses, if there are bills that pass which affect our City Charter. If a meeting is necessary, a notice will go out. 7. Communications 8. Adjournment There being no further business to discuss, Chair Carper adjourned the meeting at 8:21 p.m. Respectfully submitted by: Nancy Stroth, Liaison