HomeMy WebLinkAbout2010-05-17 CHC MIN
City of Stillwater
Charter Commission
May 17, 2010
Present: Terry Zoller, chair
Gene Bealka, Ann McLellan, Wally Milbrandt, Dorothy Molstad, Dwayne Nelson
and Ron Nelson
Absent: Orwin Carter and Kim Swanson
Mr. Zoller called the meeting to order at 7:05 p.m.
Approval of minutes: Motion by Mr. Bealka, seconded by Mr. Milbrandt, to approve the minutes
of February 8, 2010 meeting. Motion passed unanimously.
OLD BUSINESS
Continued discussion of City’s request to collect unpaid fees – There was discussion as
to whether this matter was resolved at the last meeting. It was noted that, according to
the minutes, the matter was tabled pending the development of language by Attorney
Magnuson. Ms. Molstad stated that she was not at the last meeting and asked for
clarification of the discussion. Mr. Milbrandt noted this issue was related to the fire
inspection fees and other such fees. He stated that the City has the ability to levy such
fee by ordinance, but does not have any mechanism to collect unpaid fees as State
Statute does not specify that such unpaid fees/fines can be assessed against the
property. Mr. Milbrandt stated that he thought the City has subsequently forgiven the fire
inspection fees that prompted discussion of this issue. After discussion, Mr. Milbrandt
suggested that the Commission ask Mr. Magnuson for an explanation as to why he
believes this matter was resolved, whereas the minutes reflect that the action was to
table the matter. Ms. McLellan noted that according to the minutes, Mr. Magnuson was
asked to draft possible language for an ordinance enabling the collection of the fees.
Motion by Dwayne Nelson to not pursue this issue; the motion was seconded.
There was discussion of administrative fines, which can be turned into a regular traffic
citation if unpaid, and fees, such as the lighting fees, which, by State Statute, can be
assessed against a property if not paid. Mr. Bealka suggested that there ought to be a
public hearing before the City adopts such fees. Ron Nelson stated that he would like to
see a written explanation from Mr. Magnuson as to why he is of the opinion this matter
was resolved, while the minutes indicate the Commission tabled any action. Mr.
Milbrandt noted there was a motion on the floor. Ms. Molstad called the question.
Motion failed 2-5.
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Motion by Mr. Milbrandt to request that Mr. Magnuson explain how the matter was resolved,
when the minute indicate it was tabled. Seconded by Ms. Molstad. All in favor.
Continued discussion of change from a ward system to an at-large system – Mr. Bealka
provided copies of information he received from the League of Minnesota Cities
regarding charter cities. Mr. Bealka indicated that there will be redistricting after the
2010 census, and stated that his objective is to have better redistricting for the City. Mr.
Bealka proposed eliminating the ward system and returning to a Council elected at-
large, with 5 Council members; he stated that he did not believe there is a need for a
ward system in a City the size of Stillwater. Mr. Bealka stated that he thought a Council
elected at-large would prevent undue influence by the Council on the various City
commissions; he also stated that he thought this system would strengthen the position of
City Administrator. Mr. Zoller pointed out the Charter Commission initiated the change to
the ward system. Mr. Nelson questioned whether there is an issue with undue pressure
on the various commission members.
Mr. Milbrandt noted that he was elected to the Council through the ward system, a
smaller area to relate to, but stated that once on the Council, he felt he represented the
entire City. He stated that he did not see people getting territorial while on the Council.
Mr. Milbrandt spoke of the cost and effort involved in campaigning and suggested there
might not be as many qualified people who would run due to the time-intensive and cost-
intensive effort required for an at-large election. He suggested that the cost involved
might lead to politicians rather than public servants. Mr. Bealka stated that he would
suggest either returning to having all 5 Council members elected at-large or retain the
four-ward system and add a 5th person elected at-large. It was noted that adding a 5th
Council person could result in a tie vote. Mr. Bealka stated that he would suggest that
the mayor be a non-voting member of the Council, and indicated that he would like to
see a strong Council and weak mayor system. Ron Nelson pointed out that adding a 5th
Council person would mean one ward would have two representatives. He stated that
he would not have a problem considering returning to the at-large system, referring to
his experience in as a council person elected at-large. Mr. Milbrandt questioned what is
not working in the ward system that Mr. Bealka would like to fix. Mr. Bealka responded
that it was an issue of intimidation. Mr. Zoller noted that is dependent on the persons,
personalities, on a particular Council. Ms. McLellan suggested the issue should be the
system, not the individuals involved. Ms. Molstad indicated that she thought it would be
interesting to see the history of the change and suggested that it was likely related to
population. Mr. Zoller agreed with Mr. Milbrandt regarding his experience on the
Council, that while elected from a certain ward, he tried to act on behalf of the good of
the entire City.
Mr. Zoller asked what further action should be taken regarding this issue, whether the
Commission wanted to look into the history of the change to the ward system. Mr.
Bealka suggested that he would like Commission members to talk to people to get input
on the issue. There was discussion as to what would happen if the Commission were to
adopt going to the at-large system as a position. Mr. Zoller noted the Commission would
need to vote on this issue at this meeting in order for the issue to be part of the 2010
election. Mr. Milbrandt stated that he would not be in a position to recommend a
restructuring of the ward system at this meeting. Ms. Molstad suggested the ward
system likely fixed something that was wrong. Mr. Bealka sta`ted that he was not asking
the Commission to vote on the issue at this meeting, but that the Commission could talk
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about the merits of the two systems and perhaps make a recommendation to the Council
for the next general election. It was agreed to put this matter on the August agenda.
OTHER BUSINESS
Mr. Bealka asked about his term limits on the Commission. Mr. Zoller noted that a letter
was sent to the District Judge requesting the reappointment of Dwayne Nelson and Kim
Swanson. Mr. Bealka stated that he had sent an e-mail requesting reappointment. Mr.
Zoller asked City staff to check on Mr. Bealka’s status.
Meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Sharon Baker
Recording Secretary
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