HomeMy WebLinkAbout19870129 Charter MinutesCHART~;R COMMISSION MINUTES
January 29, 1987
Present: Earl Beltz, Charles Caturia, Dick Dobrick, Judith Gilbert, W-int Hartman
Jeanne McGree
Absent: Michael Hovgaard, Janice Johnson
Public: Mayor Stoffel, Gounoilpersons Kulzer, Trautmann, and Werner, Assistant
City Attorney Moynihan, Theola Plan, Merlin Wilbur, Dick Lee (KDWA)
The meeting was called to order by Commissioner Hartman at 7:20 p. m. in the
Chapel at Sta Phili.p's Lutheran Church. The first item for discussion was a
request from the City Gouncil far the Charter Commission to consider proposing a
revision of the city charter which would provide for a special election in any
case, such as the present situation, where the Council could not agree on a person
to fill a declared vacancy in the Council. Mr. Moynihan explained that while the
second paragraph of Seeti.on 3.03 of the charter provides for a special election if
-the Council is unable to select a parson to fill. a vacancy in the Mayor's office,
there i.s no such provision in the first paragraph of Section 3.03 relating to
filling a vacancy in the Council. He also explained that Minnesota Statutes
Section 205.10 provides for special elections when specifically authorized by law
or chartero He explained that a power which has been delegated to a political
body (such as the City Council) cannot be re-delegated by that body (such as to
the voters). This princip7.e has been upheld by case ~.aw and also by state
Attorney General's opinion.
Earl Beltz moved that the Chartez• Commission select Wint Hartman as Vice Chairman
of the Commission. Judith Gilbert seconded the motion. The motion was adapted,
with Mrq Hartman not voting.
Cha.i.rman Caturia arrived at '7:55 p. m. and presided over the remainder of the
meeting.
After considerable discussion of the present situation regarding the vacancy in
the Council seat for Ward 1, Dick Dobrick moved, seconded by Jeanne McGree, that
the Commission recommend amend3_n~ the c7ty charter to amend Section 3.03, the third
sentence, to read: "When a vacancy occurs in the City Gouncil, the Council shall
~®~~hw~~~ wi_~thi.n thirty 30 days appoint an eligible person to fill the same until
the next re~txlar muni_c~.pal election, when the office shall be filled by election
for the unexpired term," and to add: "If the Council i,~,,s not able to select a
Coun_cilpe:rson. the Council sha_11 c_a17. a s e~ci~l election for the p~rpo~e of fillix:~
the -gos~t3on of Council Pp"rson for the balance of the une fired term." ~ - _-
Want Hartman moved that Mr. Dobrick's motion be amended to substitute for "within
thirty (30) days" the words "at its first mPetin~ after the meeting at which a
vacancy was declared". Aftez• some discussion, this amending motion died far lack
of a second. Upon bei.n~' put to a vote, Mr. Dobrick's motion was adopted.
A question had been raised by the City Administrator's contention that oral
contracts for department heads would comply with Seoti_on 3.11, Subdivision 11 of
the charter. Mr. Hartman pointed out that an oral contract would be unenforceable,
since one party could claim that one think was said, and the other party could
claim that something different was said. After further discussion' Mr. Hartman
moved, seconded by Mr. Berta, that the Charter Commission reassert its original
intent that "contract" means"written contract:' The motion was adopted.
Charter Commission Minutes January 29, 197 - Page 2
Mr. Moynihan requested the Charter Commission's advice regarding the number of
Counc3lpersons to serve on each of the Council's committees. After some
discussion, further discussion anc~ decision on this matter was deferred to a later
Commission meeting.
Mr. Hartman moved, with Mrs. Gilbert seconding, that the earlier recommendation
regarding provision for a special election to fill s Council vacancy should apply
to existing and Future vacancies in oases where the Council could not select a
person to fill a vacancy in the Council. The motion was adopted.
Mr. Dabra.ck suggested that the Cor~missi on should engage a person to act as
recording secretary at Commission meetings and to prepare minutes of meetings,
since a Commission member taking notes for the minutes was thus prevented from
participating fu11y in deliberations and discussions. Mr. Hartman read from
Minnesota Statutes Section ~.10,Qb, which provides .for the city to pay for
"reasonable and necessary Charter Commission expenses, up to 1,5QQ per year."
Mr. Dobrick stated that he knew of two persons qualified to do this work.
Chairman Caturia requested Mr. Dobrick to investigate this possib:ili.ty and to
obtain some cost estimates, to report at the next Commission meeting.
Mr. Hartman suggested that the Comm:issi.nn meet on the second Thursday of
month, unless a meeting is cancelled at the preceding meeting. This
was not decided, but it was decided tc meet on the second Thursday
February (February 12).
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Mr. Hartman stated that the City Council is not complying with Section lf..Q1 of the
Charter, which requires use of an effective voice-amplifying or pub17_c address
system at all public meetings of the Council, its committees and subeommi.ttees
whenever members of the public are in attendance. Mayor Stoffel requested that the
Commission write a letter to the City Council pointing this out to the Council.
Chairman Caturia asked Mr. Hartman to prepare such a letter for Mr. Caturia.'s
signature.
Mr. Hartman reminded the Commission that it i.s required by statute to adopt bylaws
for its own operations. He also remisx~ed the Cammissi.on that the statute requires
an annual report to the Chief Judge of the District Court of the Commission's
activities and accomplishments, Mr. Dobrick reported that he had prepared such a
report £or Chairman Caturia's signat~~re.
Upon motion by Ms. McGree, seconded by Mrs. Gilbert, the meeting was adjourned at
9:3o p. m.
a
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Dick Dobrick
Acting Secretary
