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HomeMy WebLinkAbout2009-11-16 CHC MINPresent: Terry Zoller, chair Gene Bealka, Orwin Carter, Wally Milbrandt, Dorothy Molstad, Ron Nelson and Kim Swanson Absent: Dwayne Nelson Staff present: Clerk Diane Ward Mr. Zoller called the meeting to order at 7 p.m. City of Stillwater Charter Commission Nov. 16, 2009 Approval of minutes: Mr. Milbrandt, seconded by Mr. Carter, moved approval of the minutes of May 18, 2009. Motion passed unanimously. Interview of applicant: Members of the Commission briefly introduced themselves. Applicant Ann McLellan introduced herself and talked about her interest in serving on the Charter Commission. There was discussion of the function of the Charter Commission and upcoming issues, including redistricting. Ms. McLellan left the meeting after the interview was completed; members discussed her application /background, noting that she was very well qualified. Mr. Milbrandt moved to recommend Ms. McLellan's appointment, with the condition that Clerk Ward contact Ms. McLellan and verify that she is still interested in serving on the Charter Commission after learning of the Commission's level of involvement. Mr. Nelson seconded the motion; motion passed unanimously. Old Business • Charter provision requiring publication of proceedings — Mr. Zoller referred to the memo from Attorney Magnuson. Mr. Milbrandt questioned whether the Charter specifies that "publication" of minutes must be publication in a newspaper, suggesting that the City's web site might serve as the vehicle for publication of minutes, with one printed copy available at the library or similar location. Ms. Ward noted that the City does send minutes out to people who request copies; minutes are also available at the library and on the City web site, she stated. Ms. Molstad said the question is the definition of "publication" in today's technology. Mr. Carter said the Legislature likely has not changed the definition and "publication" still means printing in a newspaper. Ms. Ward said the League (of Minnesota Cities) has tried to change the definition to include other media but has not been successful to date. There was discussion as to whether the Commission should amend the Charter to define publication to include posting on the web site. It was clarified that this provision deals with Council proceedings only, not proceedings of other City commissions or notices of public hearings which are required to be published in a qualified, legal newspaper by state statute. Ms. Ward read the applicable state statute. In discussion, it was noted that Home Rule Charter Cities are not required to publish minutes; that requirement is a City Charter provision that could simply be eliminated by amending the Charter. Mr. Carter said rather than entirely eliminating the provision (5.07) in the Charter, he would rather amend the provision to include publication in newspaper or other electronic media. Ms. Ward noted that complete minutes are already posted on the webs site; the discussion here relates to proceedings — actions /motions — only. Ms. Molstad said her goal would be to make whatever is posted on the web site are "official" proceedings or minutes. Mr. Milbrandt suggested amending 5.07 to state that a complete copy of the minutes will be posted on the web site and available upon request; Mr. Milbrandt then made a motion to amend Charter provision 5.07 to state that a complete set of Council meetings will be posted on the City web site and be deemed the official communication. Ms. Molstad seconded the motion. Mr. Zoller expressed a concern about specifying the City web site, due to the likelihood of changes in technology. After discussion, Mr. Milbrandt amended his motion to state that the City shall post the official Council proceedings on the official City medium. In discussion, it was suggested it would be up to the Council to determine what is the official "medium," and Mr. Carter noted the Council could get hung up on that definition and revert back to determining that to mean publication in a newspaper. Ms. Ward suggested referring this to City Attorney Magnuson to develop some suggested verbiage. Mr. Milbrandt noted that the intent is to allow electronic posting and not limit "publication" to mean publication in a newspaper. Mr. Zoller again expressed concern about future changes in technology; Mr. Milbrandt suggested verbiage such as "the most appropriate technology at the time." Mr. Milbrandt withdrew his original motion as did the seconder. Mr. Milbrandt moved to refer this discussion to Attorney Magnuson to develop appropriate verbiage. Ms. Molstad seconded the motion; motion passed unanimously. • Charter Commission amendments — Mr. Zoller referred to Attorney Magnuson's memo regarding amendments. In discussion, it was noted this issue relates to the desire not to force proposed amendments to require special elections. State law requires that charter amendments must be submitted at least 12 weeks before a general election. Ms. Ward said the "drop dead" date is Aug. 10; she said a ballot question for the November election must be submitted to the County the day after the primary election. No action was taken. The Commission discussed Mr. Magnuson's request that the Commission consider adoption of a provision that would allow the City to collect unpaid fees; it was noted currently there is no mechanism /authority for the City to collect fees that cannot be assessed by state law. Mr. Milbrandt pointed out that this has been an issue for the Council and the Council is not unanimous in the position regarding the issue. Mr. Carter said, politics aside, he thought this was a good idea and moved to enter discussion with the Council about an appropriate way to implement this provision. Mr. Nelson seconded the motion. Mr. Zoller questioned involving the Council and said he thought the Commission should make its own decision on what the Commission thinks is best for the City and then make its recommendation to the Council and depending on the action of the Council go to referendum if necessary. Ms. Molstad pointed out the proposed provision would only give the Council the ability, the option, to implement fees or penalties. Mr. Carter withdrew his motion as did the seconder. Mr. Carter moved to propose amending the Charter similar to the Minnetonka provision forwarded by Mr. Magnuson; Ms. Molstad seconded the motion. Mr. Milbrandt said he would have no problem with the concept and get more information from Mr. Magnuson as to what authority the City has or does not have today and what other non - assessable fees might be impacted by such a provision. Mr. Nelson said he had a problem with fees; Mr. Bealka agreed with that position. Mr. Carter withdrew his motion, as did the seconder, and asked staff to provide more information as to what fees might be involved; Ms. Molstad asked whether Council wants to have such a provision. Ms. Ward said the issue would be going to Council at its next meeting. In discussion it was noted that the Council could asked the Commission to consider the provision and the Commission would have 30 -60 days to act on that request; a Council request to the Commission requires only a majority vote, it was noted. Mr. Zoller concluded the discussion by noting this issue has been tabled pending additional information from staff. New Business Vice chair — Mr. Zoller pointed out that Tom Corbett, who has resigned from the Commission, was vice chair. He asked whether the Commission wished to elect a new vice chair at this time or wait until the beginning of the year. Ms. Molstad nominated Mr. Carter as vice chair; Mr. Milbrandt seconded the nomination. Motion passed unanimously. Mr. Bealka asked for a current membership roster. Mr. Bealka proposed that a Councilmember be elected at large and suggested that the Commission consider this issue at a future meeting before redistricting. In discussion, it was noted that would involve issues such as eliminating the ward system and going to at -large representation or increasing the size of the Council. Meeting was adjourned at 8:40 p.m. on a motion by Ms. Molstad, second by Ms. Swanson Respectfully submitted, Sharon Baker Recording Secretary