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HomeMy WebLinkAbout2007-06-18 CHC MIN . City of Stillwater Charter Commission June 18, 2007 Present: Pat Needham, Chair Tom Corbett, John Lund, Dorothy Molstad, Dwayne Nelson, and Terry Zoller Others: City Administrator Larry Hansen Absent: Jeanne Anderson, Orwin Carter and Gene Bealka Approval of minutes: Ms. Molstad, seconded by Mr. Zoller, moved approval of the minutes of April 16, 2007. Motion passed unanimously. . Old Business . Proposal to preclude Councilmembers from serving on the Charter Commission - Administrator Hansen stated he had not spoken with the mayor but had spoken to most of the Councilmembers about this proposal, and the majority do not feel this is an issue. He said Councilmembers questioned what had happened to make this an issue with the Commission. Mr. Hansen stated he had contacted City Attorney Magnuson who pointed out that state law was amended several years ago, with a sentence added to 410.05 that states the Charter may prohibit members of a governing body of a City from serving on the Charter Commission. Ms. Molstad stated it was the potential for a problem that has made it an issue with the Commission. She noted that the Charter Commission is the body that draws the boundaries for voting districts which potentially could result in a Councilmember being able to establish a voting district boundary to his or her benefit. Administrator Hansen reiterated that most of the Councilmembers feel this is a non- issue, but if the Commission wishes to change the Charter to preclude Councilmembers from serving on the Commission, he doesn't feel that would be opposed. However, he reminded the Commission, that a vote to change the Charter must be unanimous. Administrator Hansen pointed out that the current Council is a new, inexperienced one, which lessens his ability to predict how members might vote on a particular issue. He stated he could not tell the Commission with absolute certainty that an ordinance to change the Charter would pass by unanimous vote. . Mr. Zoller pointed out that the Commission does not want to force a referendum, which would occur should there not be a unanimous vote, and had discussed timing a proposed Charter amendment so it could appear on the ballot of a regular election, rather than forcing a special election at considerable expense to the City. Administrator Hansen agreed that would be a good approach to take. Administrator Hansen said he could have Attorney Magnuson put together a memo outlining the process and drop- dead dates for the timing in order for a measure to be placed on the general election ballot. In discussion, it was noted that there is no need to present this proposal until 2008, so it is in effect for the 2010 redistricting. Mr. Zoller moved to table this measure until the information is received from the City Attorney and a decision is made regarding timing to coincide with the general election should the Council not adopt the proposed Charter amendment by ordinance. Mr. Corbett seconded the motion; motion passed unanimously. . . . . Conflict of interest - Administrator Hansen stated he has read the Charter on many occasions and does not take the document lightly. But said when he reads the Charter, he generally does so looking for something specific. He said when it was brought to his attention there is a provision requiring him, all department heads, and all Board and Commission members to fill out the disclosure form that elected officials are required to fill out, he felt quite badly that he was not aware of the provision. He said he would personally have no problem filling out the form or requiring department heads or any other official who works for the City to fill out the form. If that is the Commission's wish, Mr. Hansen said he would have that done within 30 days. He apologized for not having done so previously. He did express a fear about changing any conflict of interest provision, given the recent experience with conflict of interest charges being brought against the Mayor, suggesting that the general public might get the wrong impression. Mr. Hansen stated that a reminder to enforce a provision that is already on the books would be sufficient. It was consensus of the Commission that the provision ought to be enforced. Mr. Corbett suggested that if there is any public reaction to requiring the disclosure of department heads, Board and Commission members, that a member of the Charter Commission would be happy to write a letter to a local paper explaining that the Commission had been discussing this issue well before the last election. . Council appointment tiebreakers - Mr. Hansen spoke of his previous experience as administrator in cities where mid-term vacancies have occurred, and stated there had never been a problem until this last vacancy here. He stated that the weighted vote system worked, and he does not think anything needs to be changed. If the Commission wishes to recommend the use of the weighting system without any Charter provision, Mr. Hansen said he didn't think that would be an issue with the Council. Mr. Nelson moved to recommend that the Council utilize the instant runoff (weighting) system to determine Council appointments for tiebreakers. Mr. Zoller seconded the motion. Ms. Molstad said she would not support utilizing the system for all appointments, saying it could unnecessarily complicate certain appointments. Administrator Hansen noted that most appointments get settled very easily. Motion passed unanimously. New Business . Guidelines for public testimony - Mr. Zoller stated he didn't think this was an issue for the Charter Commission. Mr. Hansen explained the reason for the suggested guidelines, and noted that the policy does give the chair the discretion to deviate from the time limitations. Mr. Hansen noted the City Council has adopted the guidelines and is recommending that Boards and Commissions consider adopting the same policy. Mr. Nelson moved to accept the suggested guidelines. Ms. Molstad seconded the motion; motion passed unanimously. . Next meeting - Mr. Corbett moved to set the next meeting for the third Monday in September, in keeping with the tradition of not meeting during the summer months. Mr. Nelson seconded the motion; motion passed unanimously. . Mr. Zoller suggested that the Commission should look at the provision regarding the timing issue and the requirement for a referendum. Mr. Hansen said he thought that was state statute, but said he would look into the matter. The meeting was adjourned at 7:45 p.m. • Respectfully submitted, Sharon Baker Recording Secretary II) •