HomeMy WebLinkAbout2005-03-21 CHC MIN
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City of Stillwater
Charter Commission
March 21, 2005
Present: Mary Ruch, chair
Wayne Anderson, Richard Colemier, Ned Gordon, and Patrick Needham
Absent: Gene Bealka, John Lund, Dorothy Molstad (she arrived at 8 p.m. as the meeting
was adjourned) and Dwayne Nelson
Ms. Ruch called the meeting to order at 7 p,m.
Approval of minutes: Mr. Needham, seconded by Mr. Gordon, moved approval of the
minutes of Nov. 15,2004. Motion passed unanimously.
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Review of ordinances referenced in the City Charter: There are a number of City
ordinances and state statutes referenced in the Charter with no title. Mr. Gordon had
volunteered to develop a list of those ordinances by title, Mr. Gordon stated he had not
completed the task and asked that this matter be deferred until the next Commission
meeting. He also suggested that perhaps the listing of state statutes should be referred to
City Attorney Magnuson, as he was unsure as to a resource to use. Ms. Ruch pointed out
that state statutes can be pulled up on the Web. Mr. Anderson suggested searching the
Minnesota Reviser of Statutes site, which he said is easy to use. Mr. Gordon said he
would have a list of both the local ordinances and statutes available for the next meeting,
Mr. Gordon also had volunteered to review the Charter for grammatical consistency. He
distributed a list of suggested language changes, Mr. Gordon noted that the changes only
addressed grammatical issues, such as capitalization, singular/plural agreement and
gender references, and in no case changed the substance of the Charter language.
Much of the discussion centered on the use of the terms "officer" and "official." One of
the proposed changes was changing "office," believed to be a typo, to "officer" in Section
1.6.4. Because "official" is defined by the Charter and "officer" is not defined, it was
suggested that in that section "office" be changed not to "officer" but to "official." Mr.
Colemier said if that is done, there are a number of other references to "officer," in
Sections 708 and 709, that should be changed as well. After discussion it was decided the
easiest approach to use would be to incorporate "officer" into the definition of "official"
- "officer or official" - rather than list all of those reference changes individually.
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There was some discussion as to how to proceed and whether the proposed language
changes would require a Charter amendment. Ms. Ruch pointed out that previously the
Commission had suggested several minor revisions to the Charter to correct some
inconsistencies and the City Council had made those revision simply by action on its
Consent Agenda. Mr. Gordon noted that it appears the Commission's goal is to get the
Charter posted on the City Web site, Ms. Ruch said she would talk to City Clerk Diane
Ward about making the suggested corrections and how to proceed with getting the
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Charter on the Web site. Mr. Gordon suggested that if the Charter utilizes the Web site a
good resource would be Stillwater Area High School students; the Brown's Creek
Watershed District enlisted the assistance of high school students in developing the
Watershed District Web site, he said, and the students did a terrific job.
Mr. Gordon moved to submit the changes as delineated in his list of March 21,2005, to
the City Council for possible action/approval. The changes included the addition of the
language defining "official or officer." Mr. Colemier seconded the motion; motion passed
unanimously. Mr. Gordon then suggested waiting to submit the changes until everything
is completed, including the appendix referencing City ordinances and state statutes by
title which should be complete by the Commission's next meeting. It was agreed to
include this matter as an item on the next meeting agenda.
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Attorney Magnuson's comments/memo: Ms. Ruch distributed Mr. Magnuson's memo,
which included his response to several Commission questions. In the memo, Mr.
Magnuson suggested rather than attaching the document "How to Amend the Charter" as
an addendum to the Charter, the Commission should consider a language change
referencing Minnesota Statute 410.12 which designates the method of amending a
Charter. Ms, Ruch suggested that the Commission should pursue posting the
"How to Amend the Charter" document on the Web site, stating she thought citizens
should be aware of the process and other issues such as the cost of holding special
elections. Mr, Anderson said he didn't think the City would have a problem with posting
the document on the Web site. Ms. Ruch said if the Commission encounters a problem in
posting the document on the Web site, it can go back to pursuing a Charter amendment.
Mr. Magnuson also responded to a question about City-owned property in the area of the
Aiple property and Dick Anderson's building. Mr. Magnuson's memo indicted that Mr.
Anderson owns the property that his building was constructed on. Mr. Colemier had
obtained information from the County that indicated otherwise, and there was some
discussion about that fact. Mr, Colemier said he would revisit the matter with County
records.
Ul'date on publications available for Charter Commission members: Mr. Gordon stated
he had visited the League of Minnesota Cities office. One of the League's attorneys had
sent him two document, a handbook describing the form and structure of Minnesota
Home Rule Charter Cities and a research memo with Model Charter and commentary on
each section of the Model Charter, which he said included some very helpful information.
Mr. Gordon said he thought Commission members should have copies in their files and
also that a copy should be available at City Hall and the Stillwater Public Library. Ms.
Ruch suggested asking the City to make copies of the pertinent sections of the documents
if doing so does not violate copyright laws. Mr. Gordon said he would talk with the
League of Minnesota Cities regarding the cost of the documents and whether it might be
possible to make copies.
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Mr. Anderson suggested the Commission should make an effort to determine what
reference materials each member should have, as well as a larger set of documents
available for the Commission's reference use,
Ms. Ruch said she thought members should have the National Civic League's "Guide for
Charter Commissions." Cost of the Guide is $10. Mr. Colemier pointed out that back in
2000 the Commission had gone on record favoring the purchase of 10 copies of the Civic
League's publication. Mr. Anderson, seconded by Mr. Needham, moved to direct Ms.
Ruch to purchase 10 copies of the "Guide for Charter Commissions;" motion passed
unanimously.
Other business: Mr. Gordon said he would look into what the Brown's Creek Watershed
District did to get its Web site up and running. Ms. Ruch said she would talk with City
Clerk Ward to determine how receptive the City might be to receiving assistance from the
High School.
It was decided the next meeting should be scheduled for June 20, 2005.
On a motion by Mr. Anderson, the meeting was adjourned at 8 p.m.
Respectfully submitted,
Sharon Baker
Recording Secretary