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Home My WebLink About19990115 Charter MinutesMINCJTES Charter Commission Meeting City of Hastings January 15, 1999 PRESENT: Terry Sieben loan Bolesworth Connie Blasing Kevin Burke Scott Sydor ABSENT: Dan Knak Mary Hoffman Gene Sabaitis Dan Greil GUEST: Dave Osberg, City Administrator CALL TO ORDER AND UORUM Chair Terry Sieben called the meeting to order and declared a quorum present. APPROVAL OF MINUTES Moved by Bolesworth, seconded by Burke to approve the minutes of the November 5, 1998 Charter Commission meeting. A11 voted in favor. UNFINISHED BUSINESS City Administrator Osberg presented to the Charter Commission a Resolution for consideration regarding a change in the Charter, Chapter III, FORM OF GOVERNMEN'T', Section 3.08 "Interim Investigation, Study and Policy Committees." Moved by Bolesworth, seconded by Blasing to approve the Resolution regarding a change in Section 3.08, "Interim Investigation, Study and Policy Committees. A11 voted in favor. The Charter Commission reviewed the annual report to the District Court regarding 1998 Charter Commission activities and the membership listing of the current Charter Commission. NEW BUSINESS The Charter Commission reviewed Chapter VI, INDUSTRIAL AND COMMERCIAL PROMOTION AND DEVELOPMENT from the City Charter. Moved by Bolesworth, seconded by Blasing that no changes are recommended in Chapter VI, INDUSTRIAL AND COMMERCIAL PROMOTION AND DEVELOPMENT. All voted in favox. OTHER BUSINESS The Charter Commission agreed that the next meeting would be conducted on April 15, 1999. ADJOURNMENT Moved by lasing, seconded by Bolesworth to adjourn the meeting at 7:55 PM. All voted in favor. r- David M. Osberg City Administrator CHAPTER VII ~ ~ MISCE~NEQU5 ~PROViSIONS SECTION 7.01. PUBLIC IIviPROVEIviENTSALAD SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of improvement not forbidden by the laws of this State and to Ievy special assessments to pay all ar any part of the casts of said improvements. The amounts assessed to benefitted property to pay far such improvements may equal the cost of the improvement, including all costs and expenses connected therewith, with interest until paid, but shall in no case exceed benefits to the property. The procedure for snaking said improvements and levying assessments shall be as provided in Minnesota Statutes. SECTION 7.02. -POWER TO ACQUIRE PROPERTY. The City may acquire by purchase, gift, devise or condemnation, any property, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for any public use or purpose. Easements for slopes, fills, sewers, building lines, poles, wires, pipes and conduits for water, gas, heat and power maybe acquired by gift, devise, purchase or condemnation in the manner provided by law The procedure for exercise of the power of eminent domain shall be as provided for in Minnesota Statutes. SECTION 7.03. OFFICIAL PUBLICA'TZONS. The City Council may annually designate a legal newspaper or newspaper of general circulation in the City as its official newspaper or newspapers iu which shall be published ordinances and other matters required by law to be so published-as well as such other matters as the Council may deem in the public interest to have published in this manner. . SECTION 7.04. SAi FS OF REAL PROPERTY. No real property of the City shall be disposed of unless the Council shall first pass a resolution containing specific findings that the public interest requires that the property be disposed of, and only after public notice and hearing of such proposed disposi tiara. The proceeds of any sales of such property shall be used, as far as possible, #o retire any outstanding indebtedness incurred by the City ' in the purchase, construction or improvement of this property. If there is no such 1 outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. Sales of real property owned by the City shall be conducted in commercially reasonable manners. SECTION 7.05. VACATION OF STREETS AND ALLEYS. The Council may be resolution approved by at least a majority of its entire membership, vacate any street ar alley, public way, public grounds or public easement or part thereof within the City of Hastings. Such vacation may be made only after published notice and an opportunity for affected property owners and the public to be heard, and upon such further terms and by Such further procedures as the Council may prescribe. A notice of completion of such proceedings shall be filed with the County Recorder. SECTION 7.06. CITY TO SUCCEED RIGHTS AND OBLIGATIONS OF FORMER CHARTER. The City shall succeed to alI the property, rights, and privileges, and shall be subject to all legal obligations of the City under the former charter. -1- SECTION 7.47. PRESENT OFFICERS TO CONTINUE IN OFFICE. The present ~ elected officials of-the~City-shall~t~ntinue~in.:their. respective offices .and:.functions.~or the term which they were elected. SECTION 7.08. STATUTES NOT AFFECTED BY CHARTER. All general laws and statutes of the State applicable to all cities operating under home rule charters, or . applicable to cities of the same class as the City of Hastings operating under home rule charters, and not inconsistent with the provisions of this charter, shall apply to the City of Hastings and shall be construed as supplementary to the provisions of this charter. SECTION 7.09. EXISTING ORDINANCES CONTINUED. All ordinances and regulations of-the City in force when this charter takes effect and not inconsistent with the provisions hereof; are hereby=continued in Bill force and effect until amended or repealed. , SECTION 7.14. PENDING CONDEMNATTONS AND ASSESSMENTS, Any condemnation or assessment proceeding in progress when this charter takes effect shall be continued and completed under the laws under which such proceedings were begun. All Assessments made by the city prior to the time when this charter takes effect shall be collected and the lien thereof enforced in the same manner as if this .charter had not been adopted. SECTION 7.11.ORDINANCES TO MAID CHARTER EFFECTIVE. The Council shall by ordinance make such regulations as may be necessary- to carry out and make effective the provisions of this charter. SECT>CON 7.12. GIFTS AND GRATUI.'TI:F_S. Employees of the City in the course of or in relation to their official duties shall not directly or indirectly receive or agree to receive any compe;~sation, payment of expense, gift, reward, gratuity, favor, service, or promise of future employment or other future benefit from any source except the City for any activity related to the duties of the employee unless otherwise provided by law. However, acceptance of any of the following shall not be a violation of this section: {a} Gifts of only nominal value {b} Plaques or similar mementos recognizing individual services in a field of specialty or to a charitable cause. SECTION 7.13. CONTRACTS. Except as otherwise permitted by law, no employee of the City who is authorized to take part in any manner in making any contract on behalf of the City shall knowingly have a personal financial interest in or personally benefit financially from such contract. A violation of this section shall be grounds for termination of the employee. The offender maybe removed from employment after compliance with all required procedures for termination established by Federal law, State law, City Ordinance, union contract or City personnel policy. -Z-