HomeMy WebLinkAbout2009-05-18 CHC MINCity of Stillwater
Charter Commission
May 18, 2009
Present: Terry Zoller, chair
Orwin Carter, Tom Corbett, Wally Milbrandt, Dorothy Molstad and Kim Swanson
Staff present: Clerk Diane Ward and Attorney Dave Magnuson
Absent: Gene Bealka and Dwayne Nelson
Approval of minutes Ms. Molstad, seconded by Mr. Carter, moved approval of the minutes of
Feb. 17, 2009. Motion passed unanimously.
Mr. Zoller introduced and welcomed new members, Wally Milbrandt and Ron Nelson, who was
not in attendance.
Discussion of timetable for Charter amendments — Attorney Magnuson explained that the first
thing the Commission has to do in regard to amending the Charter is decide what approach to
take. Mr. Magnuson noted the Commission could opt to go directly to voters with a proposed
Charter amendment, in which case the governing body fixes the form of the ballot; that must be
done at least 12 weeks before the general election or the first of August, he said. It was noted in
the discussion that meeting the 12 week deadline would mean the Charter Commission would
have to submit a proposed amendment to the Council in mid -July or earlier. Mr. Magnuson
stated the easiest way to amend the charter is to recommend a change to the City Council and
have the Council approve the change by ordinance, which requires a unanimous vote. Mr.
Magnuson also noted there is a third way to have an amendment — by petition of the voters,
which would also require a general election; Mr. Magnuson described some of the specifics for
this process. There was discussion of the situation with the Water Board question which
resulted in the City having to hold a special election. Mr. Zoller and Ms. Molstad pointed out
there is also a timeline for Council response to action taken by the Charter Commission, which
is why the Commission is requesting this information — so it doesn't get into a situation like the
Water Board question, where a special election is required. Clerk Ward said a compilation of
specific dates is something she and Mr. Magnuson could work on and provide to the
Commission; Mr. Magnuson said he and Ms. Ward could do that using examples of the three
different ways of passing a Charter amendment. Mr. Milbrandt, seconded by Mr. Carter, moved
to request staff to put together a timeline using the three scenarios as discussed; motion passed
unanimously.
Ms. Molstad asked Ms. Ward and Mr. Magnuson if there are any changes in the Charter they
might recommend. Ms. Ward spoke of the requirement to publish Council proceedings and legal
notices and the changes that have occurred with the loss of local newspapers; there was
discussion of the possible use of the web site and whether the Charter could override state
statute.
New Charter issues — Mr. Milbrandt suggested that the Commission research options available
for legal publications /proceedings given the demise of local newspapers; Mr. Magnuson said he
would provide an opinion as to options. Mr. Magnuson was asked if he had any issues that
might be looked at by the Commission; Mr. Magnuson spoke of the provisions regarding conflict
of interest and the disposition or change of use of public lands, especially the land bordering the
River, noting both provisions are very stringent. Mr. Magnuson spoke to the City's ability to
issue bonds as one of the provisions that make the City unique. There was discussion of the
potential for the need for a referendum in order to transfer the Kolliner Park property as part of
the new bridge mitigation plan.
Ward boundaries — Ms. Ward noted that the next census begins in 2010, and she reviewed the
process for redrawing Ward boundaries. She pointed out that the State needs to set its
boundaries first, so the City is generally left with a very short time, 30 days, to set its
boundaries. She noted that Wards must be within 5 percent, plus or minus, of each other, which
last time around resulted in a split of Wards between legislative districts. Ms. Ward discussed
precincts and polling places.
Status of amendment regarding preclusion of Councilmembers from serving on the Charter
Commission — Ms. Ward stated this amendment has been passed by the City Council (Nov. 18,
2008), has been published, and is in the Charter.
Timeline between first and second readings of ordinances — Mr. Zoller noted the Mayor had
asked the Charter Commission to look at this issue. In discussion, it was noted there is limited in
the Charter that addresses this issue; the only criteria in the Charter is that there must be two
readings of an ordinance and readings cannot take place on the same day. Mr. Carter
suggested that the City Council deal with the issue itself and set its own rules, rather than make
this a Charter issue. There was discussion about possibly adding a requirement that a second
reading must take place within 60 or 90 days, for example, or requiring a new first reading if
there is "substantial change" between the first and second readings. Mr. Carter moved not to
amend the Charter and suggest that the City Council change its own rules if it so desires. Mr.
Milbrandt seconded the motion. Ms. Molstad suggested the motion appears to be dropping the
ball since the Charter does have some language dealing with the first and second readings. Mr.
Carter suggested telling the Mayor and Council to propose language for a possible Charter
amendment for the Commission to consider if it thinks an amendment is necessary; Mr. Carter
said he would amend his motion to reflect that position. Mr. Milbrandt agreed to the amendment.
Amended motion passed unanimously. Mr. Corbett suggested it might be good to research
other charters to see if there is language regarding this issue.
Mr. Corbett, seconded by Ms. Molstad, moved to adjourn at 8:15 p.m. Motion passed
unanimously.
Respectfully submitted,
Sharon Baker
Recording Secretary