HomeMy WebLinkAbout2008-09-15 CHC MIN
City of Stillwater
Charter Commission
Sept. 15, 2008
Present: Patrick Needham, chair
Gene Bealka, Dorothy Molstad, Jim Rousch and Terry Zoller
Approval of minutes: Ms. Molstad moved approval of the minutes of May 19, 2008. Mr.
Bealka seconded the motion; motion passed unanimously.
Old Business
Comments on meeting notices posted on the City website/newspaper publishing – Mr.
Needham stated the meeting notices are posted on the website and indicate that the
Commission meets quarterly. Eventually, he said notices will be posted in the public
documents section with more information. Mr. Needham said Mr. Zoller brought up the
issue of publishing meeting notices in the newspaper. Mr. Needham said City Clerk
Ward said the meetings are not published in the newspaper unless the date is different
than posted or there is a meeting date change or special meeting. Mr. Needham said
Clerk Ward has indicated that meeting minutes will be posted on the website in the near
future. Mr. Zoller noted the issue of publishing meeting notices was raised as, by statute,
notices of City Council meetings must be published in the City’s legal newspaper and
there was a question as to whether that same legal requirement applies to the Charter
Commission. Mr. Needham said, at the request of Ms. Anderson, in future there will be
space on the website where citizens can ask questions of the Charter Commission or
bring forward an issue for the Commission to consider. Mr. Bealka pointed out there is
no reference in the Charter of the requirement to publish meeting notices. There was
discussion as to whether the Commission falls under the state’s Open Meeting law and
the implications of that as far as publishing meeting dates. Mr. Zoller suggested this
might be a question for City Attorney Magnuson. Mr. Needham said he would check into
this issue further.
Comments on Councilmember preclusion – Mr. Needham said the City Administrator
has asked that this issue be put off until after the upcoming Council elections. Ms.
Molstad pointed out that would put the Commission into a whole different timeframe, and
if the new Council doesn’t approve of the proposed amendment, that would involve
going to a referendum. Mr. Needham said the City Administrator does not feel the
proposal will be a problem but doesn’t want to bring it up at this time due to the
upcoming change in the Council. Ms. Molstad pointed out that the reason the
Commission had put forth the proposed amendment when it originally did was so the
measure could go on the regular election ballot if necessary, rather than require a
referendum should the Council vote not be unanimous. Members questioned the
reasoning for delaying the issue until after the election. Mr. Rousch noted that he is a
candidate for City Council and, as a Charter Commission member, he would vote in
favor of the preclusion measure – that is his opinion, he stated. Mr. Bealka and Ms.
Molstad spoke of the many hours the Commission had spent discussing this issue and
had thought the issue had been resolved and would be put to the Council for approval
several months ago. Mr. Zoller noted the Commission has already approved the
measure and one would think the amendment proposal should automatically go before
the Council. Mr. Zoller suggested that as chair of the Commission, Mr. Needham should
let the Mayor or City Attorney know that the Commission has passed this proposal and it
should be brought before the City Council. Members were in consensus that this issue
should not be delayed until after the upcoming election. Mr. Zoller suggested that Mr.
Needham contact the City Administrator, City Attorney or Mayor to get the issue moving
and bring the matter to the Council in Open Forum as a last resort. Mr. Zoller stated he
thought there was some statutory timeframe for bringing a measure that had been acted
upon by the Commission before the Council. Mr. Rousch suggested perhaps a member
of the Council could be present at the Charter Commission as a non-voting member as a
compromise measure. Ms. Molstad reviewed the Commission’s position for the
proposed amendment due to the potential of conflict of interest, especially in drawing the
new voting districts. Mr. Needham said he would contact Administrator Hansen and let
him know the Commission does not want to wait until after the elections and he should
move the proposed amendment forward.
New Business
Election of new vice chair – Mr. Bealka moved to table this issue until there is a full
complement of members in attendance. Mr. Zoller seconded the motion; motion passed
unanimously. Mr. Needham asked if members knew of anyone serving on the
Commission. Mr. Needham noted the opening is posted on the City website and in the
local newspapers, and will be on the cable television station. It was noted there is a
deadline for appointment of new members before appointment falls to the Council or
Judge.
Next meeting – It was decided to schedule the next meeting for the third meeting in
November, Nov. 17.
Ms. Molstad, seconded by Mr. Zoller, moved to adjourn at 7:40 p.m. Motion passed
unanimously.
Respectfully submitted,
Sharon Baker
Recording Secretary