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HomeMy WebLinkAbout1998-06-15 CHC MIN . There also was discussion about the potential for "nuisance" complaints, using the policy to "harass" officials. Mr. Lieberman noted that statute 471.87 has existed for years, and nobody has used it to harass an official; there would not be widespread nuisance usage, he said. Mr. Magnuson raised the issue of the level or "quality of interest" that would disqualify a Council member or other City advisory board member from voting on matters covered under the expanded policy. He suggested that there should be language stating that conflict of interest involves a "private financial interest clearly separate from the general public." Mr. Magnuson also raised the issue of the "null and void" provision. For example, he noted it would be difficult to revoke a conditional use permit, several years after a building was constructed. While a contract can be voided, matters of zoning often involve many parties - tenants, banks etc. He suggested that there should be some time frame included in the policy. Conflict of Interest Mr. Thole said there were several items of concern to the council: including City employees, since there are labor contract issues involved; and the appointment of an Ethics Board and excluding the City Attorney from the enforcement process. The City Attorney has to be involved . in some way, he said. Ms. Ruch noted that when the policy was first brought before the City Council there was no enforcement mechanism. A subcommittee was formed to deal with the enforcement issue. Now, the subcommittee's recommendation seems to be a problem. Ms. Ruch said she felt the Commission would be willing to go back to the original policy statement, and let the City Council deal with the enforcement issue by ordinance. Mr. Thole said he felt the majority of the Council favored the Charter Commissions intent: to expand conflict of interest to include matters of licensing, permits and zoning, matters not covered by state statute. Welcome new members: Mr. Old welcomed Mr. Kimbrel who had been officially sworn in as a Commission member. Mr. Old noted that Ms. Ruch had been reappointed as a member and Mr. Donnelly was awaiting appointment. Approval of minutes: Mr. Valsvik, seconded by Mr. Kimbrel, moved approval of the minutes of May 18, 1998. It was decided to continue approval of the April minutes. Mr. Old called the meeting to order at 7:10 p.m. City Attorney David Magnuson; City Council Members Eric Thole and Terry Zoller; Chuck Donnelly; and Katie O'Brien, Stillwater Gazette Others: Tim Old, chairperson Kathy Czar, Steve Keister (7:20), Robert Kimbrel, Howard Lieberman, Mary Ruch and Don Valsvik Present: Charter Commission June 15, 1998 . Mr. Lieberman moved to recommend that the member/candidate take a leave of absence until after the upcoming election to eliminate any appearance of impropriety on the part of the member/candidate or the Charter Commission on issues currently under discussion or possibly . Several members expressed a concern that the candidacy could have a detrimental effect on the Charter Commission, particularly if the member uses Charter Commission projects - conflict of interest and city manager form of government - as campaign issues. Mr. Lieberman raised the issue of a current Charter Commission member who has announced an intent to run for Mayor; Mr. Lieberman said it was an issue that shouldn't be ignored. Mr. Old noted the candidacy would not violate state statutes. New business Mr. Old noted the Mr. Kriesel had offered to meet with the Charter Commission in July regarding future projects. It was agreed to meet July 20. There also was discussion about orientation for new members at the July meeting; it was decided to order extra copies of the Model Charter for new members. Article 5.07 - Publication of Citv Council Minutes Mr. Old said he had received a memo from City Clerk Morli Weldon asking that the Commission consider a change in the Charter regarding the timelines for publication of Council minutes. Currently, the Charter states minutes must be published within 15 days; it is difficult to be in compliance with that timeframe because minutes aren't approved until the next Council . meeting, Weldon noted in making the request. After discussion, it was decided to table the request pending an opinion from Ms. Magnuson as to whether changing the publication timeframe might impact the timeframe in which to appeal Council actions. Ms. Czar made the motion to table, seconded by Mr. Keister; all in favor. Mr. Magnuson said he would circulate a draft of the amended policy to everyone before it is placed on the Council agenda for the second reading. Mr. Lieberman then made a motion to approve 710 as amended, further eliminating subsection 71O.c (Board of Ethics) and referring development of an enforcement mechanism to the City Council and City Attorney; retaining the null-and-void provision; and adding language that conflict of interest involves "financial interest clearly separate from the general public." Ms. Ruch seconded the motion. Mr. Old suggested adding language that the City Council shall within 60 days come up with an enforcement mechanism; Mr. Magnuson said he thought placing a 60 day deadline would be OK. Amended motion passed 6-1, with Mr. Keister voting no. After all members stated their positions, Ms. Czar, seconded by Ms. Ruch, moved to delete language relating to public employees; all in favor. After considerable discussion, Mr. Old polled members on the three items of contention: . inclusion of city employees; the null-and-void provision; and the enforcement mechanismlEthics Board. . . ~v ~ III~ r/> fb ~ '1\ ~- ~v Respectfully submitted, Sharon Baker Recording Secretary Mr. Valsvik, seconded by Mr. Kimbrel, moved to adjourn at 9:35 p.m. All in favor. under discussion by the Charter Commission.. Mr. Kimbrel seconded the motion; all in favor. . Ms. Czar volunteered to call and inform the member regarding the Charter Commission's recommendation. Mr. Keister noted asking the member to take a leave of absence would mean the member is not subject to the requirement regarding meeting attendance.