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HomeMy WebLinkAbout2014-12-15 CHC MIN s water The(Birthplace of Minnesota CHARTER COMMISSION MEETING December 15, 2014 MINUTES Chair Carter called the meeting to order at 7:00 p.m. Present: Chair Carter, Commissioners McLellan, Milbrandt, Ratte, Swanson and Zoller Absent: Commissioners Juelich, Markowitz, and Nelson APPROVAL OF MINUTES Possible approval of September 15, 2014 meeting minutes Motion by Commissioner Milbrandt, seconded by Commissioner Zoller, to approve the September 15, 2014 meeting minutes. All in favor. UNFINISHED BUSINESS Discussion of proposed changes to Sections 5.04 and 5.06 with City Council Chair Carter reported that City Administrator Hansen did not express concerns with the proposed changes. Chair Carter will forward proposed language to City Attorney Magnuson and City Clerk Ward for their review. City Treasurer/Finance Director discussion Chair Carter noted that City Administrator Hansen indicated he considers himself to be treasurer of the Water Board, not treasurer of the City. Commissioner Milbrandt suggested that the Commission ask City Clerk Ward and City Attorney Magnuson if there is written documentation that the City Administrator acts as treasurer of the Water Board. Chair Carter will follow up by asking City Attorney Magnuson for an opinion. NEW BUSINESS Election of Chair and Vice Chair for 2015 Motion by Commissioner Zoller, seconded by Chair Carter, to nominate Commissioner Milbrandt as Chair and Commissioner Ratte as Vice Chair for 2015. All in favor. Charter Commission Meeting December 15, 2014 Proposed meeting dates for 2015 The Commission will meet at 7 p.m. on April 20, September 21, and December 7 in 2015. Resignation of Mayor Commissioner Zoller initiated discussion of the provisions of the Charter as they apply to the resignation of Mayor Harycki in November. Following the Charter, Vice Mayor Polehna stepped in, requiring him to resign from his Council seat. So it appears that as of January 1, Councilmember Polehna does not have a Council seat, although he was re-elected to the seat in November. Commissioner Ratte quoted from a newspaper article that made the point that the Council did not backfill Councilmember Polehna's position in Ward 4. Commissioner Milbrandt commented that the Council could have gone through the process of appointing someone to complete the Ward 4 term, but it would have been impractical with so few meetings remaining in 2014. Commissioner Zoller stated that the scenario could have been different had the Vice Mayor had more time left of his original term. Commissioner Ratte acknowledged that the Charter's language does not make it clear whether the Vice Mayor would automatically return to his previously held Council seat. Chair Carter stated it could be helpful to add language stating if a Vice Mayor is required to step in as Mayor for a short time period, for instance less than three months, they would get their Council seat back if they had been re-elected to that seat. Commissioner Milbrandt articulated two fundamental issues: what is the appropriate amount of time they must fill; and what is the consequence to the Vice Mayor who still has time left on his original term. Commissioner Zoller suggested asking City Attorney Magnuson for his opinion. Commissioner McLellan brought up the possibility of the newly elected Mayor being sworn in early, since he was already elected. Commissioner Ratte added there are two possible scenarios: a vacancy that occurs after an election has taken place; and one that occurs before an election has taken place. Chair Carter and Commissioner Milbrandt will summarize the discussion and request an opinion from City Attorney Magnuson. Clarification of Recall Provision Commissioner Ratte asked for clarification of the September 15, 2014 meeting discussion on a Recall Provision. Commissioner Zoller stated his recollection that the Commission did not want to incorporate a recall provision into the Charter procedures. After discussing what happened in Lake Elmo, the Commission felt there are other ways to handle that type of situation besides a recall. For Page 2 of 3 Charter Commission Meeting December 15, 2014 instance, an employee could get a restraining order against anyone. This is not under the purview of the Charter Commission. Chair Carter confirmed that was the consensus of the Commission. ADJOURNMENT Motion by Commissioner Zoller, seconded by Commissioner Ratte,to adjourn the meeting at 7:56 p.m. All in favor. Respectfully submitted, Julie Kink Recording Secretary Page 3 of 3