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HomeMy WebLinkAbout19880114 Charter MinutesMINCIT ES CHARTER COMMISSION CITY OF HASTINGS, MINNESOTA JANUARY 14, 1988 Present: Z.tintan Hartman Eari Beltz Jeanne McGree Dick Dobrick Rick Law Agnes Kobiexowski Janice Johnson Judith Gilbert Michael L?avgaard Absent: Dick Lee Presiding: Winton Hartman, Chairperson Call To The meeting was called to order at 7:30 P.M, by Chairperson Order and Winton Hartman and the chairperson declared a quorum to be Quorum: present. Approval of Chairperson Hartman stated that the minutes of the previous Minutes: meeting had been distributed by mail, and asked if there were any corections or additions. Dick Dobrick pointed out a few corrections and suggestions. Mike Hovgaard moved that the minutes of the October $, 1987 meeting of the Commission be approved as corrected. Second by Earl Beltz. The motion carried unanimously. Unfinished Chairperson Hartman reported that in accordance with the action Business - of the Commission at the October 8, 1987 meeting, the amendments Action on to the City Charter had been submitted to the City Council for Sec. 3.09 amendment by ordinance. Sec. 3.09 was defeated for lack of a & 3.04 of unanimous vote. Sec. 3.04 was tabled and referred back to the Charter: Commission for clarification regarding the tenure of the Council Persons at large. Chairperson Hartman stated that he was of the opinion that a unanimous vote of approval by the Council on either issue was unlikely at this time. He suggested that later in the meeting the Commission decide an whether or not these changes should be submitted to the voters at the November election. Incompatible Committee Chairperson Dick Dobrick then reviewed Item A Offices: which was adapted at the October 8, 1987 meeting, and Proposed Charter Changes - Item B "Contracts" and Item C "Conflict of Interest". He felt the public should be concerned not only with actual. inpropriety but with the appearance of inpropriety. Therefore, he felt a "strongly worded" provision should be included in the Charter. Chairperson Hartman then suggested that the Committee consider each item and deal with them in terms of approval for submitting them to the public at the November Election. He reminded the Commission that although the Gity Code incorporates some of these provisions, it is a matter of discretion which can be changed by the majority vote of the Council, If these provisions are incorporated into the City Charter they can only be changed by an Amendment to the Charter. Charter Commission Meeting Minutes January 14, 1988 Page 2 of S Public The Chair recognized Mayor Lu 5toffel. Mayor Stoffel expressed Opinion: her concern that knowledgeable people might be overlooked for positions such as for the Industrial Park, the City of Hastings not being .able to afford someone qualified for these positions. She felt that a provision should allow for this and in cases of emergency i.e, death, etc. Reconsider Proposal "Incompatible Offices" & Amend Proposal: Motion to Approve Item B, "Contracts", Item C, "Con-- flicts of In- terest" & Ttem A, "Gists & Gratuities" The Chair recognized Dick Bond, Councilman 4th G~Tard. Councilman Bond stated that the way Item A is worded "Far one year after the expiration of his or her term", etc., it would be possible for someone to resign and after one .year accept an appointment. He felt that this portion of the Amendment should be clarified. Also, he suggested that not only the volunteer fireman but the police reserve should be included. Shawn Moynihan, Assistant City Attorney suggested that the wording "For one year after the expiration of his or her term", be changed to read "For one year after leaving office". Janice Johnson suggested that to alleviate the concern for knowledgeable people being overlooked for positions especially in an emergency situation the words "except on a unanimous vote of Council" could be inserted. Chairperson Hartman asked for a motion to reconsider the proposal an "Incomparable Offices". Dick Dobrick so moved, Judy Gilbert second and carried. Dick Dobrick moved that the wording of the first part of the second sentence of "Incompatible Offices" read as follows: "For one year after leaving office, no former elected officer shall be appointed", etc. Janice Johnson second and with no further discussion it was so ordered. Earl Beltz moved that "accept on the unanimous vote of entire council" be inserted at the end of the last sentence. Second by Janice Johnson and carried. Rick Law moved to approve ICem B. "Contracts" as written. Second by Jeanne McGree. After same discussion the motion was carried. Dick Dobrick made a motion to approve Item C. "Conflict of interest" as written. Second by Judy Gilbert. After some dis- cussion the motion was carried. Judy Gilbert motioned to approve Item D. "Gifts and Gratuities" as written. Agnes Kobierowski second. 'there being no discussion it was so ordered. Charter Commission Meeting Minutes January 14, 1988 Page 3 of 5 Ward Committee Chairperson Dick Dobrick then reported on Ward Boundaries: Boundaries. Tf there are any changes to the ward boundaries they should be en effect before the first date far firing for office for any candidate for the election, next Fa11. Submitting The Primary will be September 13, 1988, The first date for Boundary filing is July 5, 1988. He explained the procedure for changing Changes To the boundaries and announced that May 16, I988 is the latest City Council: date we could submit the change to the boundaries. Therefore, recommendations concerning Ward Boundaries should be made at the April 14, 1988 Commission meeting to keep within the tune schedule. Chairperson Dobrick added that in his investigation he found Ward 1 to be 25' larger than Ward 4, which is the smallest Ward. He felt that the boundaries should be changed to equalize these Wards. Gary Brown, City Administrator, announced the annexation of the remaining portion of Marshan Township on or about July 1, 19$8. He will submit to the Commission, the facts and figures for this annexation and suggested that it be included in the investigation of Ward Boundaries. Richard Bond, Councilman, 4th Ward expressed his concern for changing the i,Tard Boundaries at this time stating that basically the boundaries have just xecently been redone and the City is planning on annexing 250 acres West of the city limits. His view was that if the Commission decided to change the Ward boundaries at this election and if the City did bring in this 250 acres the boundaries would have to be changed again for the next election. Chairperson Hartman pointed out that the State Statute requires that the Charter Commission review-the ward boundaries at such time as there are significant variations. The requirement for maintaining "One man - One vote", is not a discretionary matter on the part of the Commission. Amendment Committee Chairperson Jeanne McGree then reviewed for the Com- To mission her committee's deliberations and how it arrived at its Sec 3.09: conclusion.. Janice Johnson moved to submit to the voters at the November Election this Amendment to Hastings City Charter Sec. 3.09, as submitted to the City Council. Second by Earl Beltz and carried. Amendment Chairperson Jeanne McGree reviewed the Amendment to Hastings To City Charter Sec. 3.04. Chairperson Hartman asked Shawn Moynihan Sec. 3.04: for advise en clearing up any confusion there might be as to who would serve. as acting mayor, i.e. Counciiperson-at--barge with the greatest tenure as the Councelperson-at-Marge. Mr. Moynihan suggested that in the sentence "...then the at-large council- person who has been in office the longest time...", etc. the words "in office" should be changed to read "in the at-large office the longest time..." and the second change, in the last Charter Commission Meeting Minutes January 14, 198$ Page 4 of 5 sentence should be, "If both at--large counciipersons have the same tenure in the at-large office, the acting mayor...", etc. Jeanne McGree moved to amend file Amendment to the Charter using these words. Second by Janice Johnson and carried. Dick Lee moved to strike the last sentence of the last paragraph of Amendment 3.04 of the Hastings City Charter. Earl &eltz second and carried. Jeanne McGree moved to submit this amended version of this Amendment to the council for adoption. Second by Janice Johnson and carried. Report Chairperson Hartman reviewed the Committees report on 1'uhlic On Public Information stating that this committee is working on two Information: projects. The first being a series of interviews on the public access channel of cable tv. The committee is also hopeful that an arrangement can be made with the local paper to have a feature article, the topic being the activities of the Charter Commission and its purpose. Election of Chairperson Hartman then asked far nominations for the office of Officers: Chairperson of the Hastings City Charter Commission. Judy Gilbert nominated Wint Hartman. Second by Mike Hovgaard. Earl Beitz moved to close nominations. Second by Mike Hovgaard and carried. At this time the Commission voted Wint Hartman into Che office of Chairperson of the Hastings City Charter Commission by unanimous vote. Chairperson Hartman then asked for nominations for the office of Vice--Chairperson of the Hastings City Charter Commission. Earl Beltz nominated Dick Dobrick, second by Dick Lee Mike Hovgaard moved to close the nominations. Second by Dick Lee and carried. The Commission then voted Dick Dobrick into the office of Vice--Chairperson of the Hastings City Charter Commission by unanimous vote. Commission In keeping with the past schedule of meeting quarterly, the Meeting Dates second Thursday of the month of the quarter, Chairperson Hartman for 19$8; proposed the following dates: April 14, 1988 July 14, 1988 October 13, 1988 and January 12, 1989 - Organization Meeting Mike Hovgaard moved that the foregoing proposal be adopted. Second by Janice Johnson and carried. Charter Commission Meeting Minutes January 14, 1988 Page 5 of 5 Committees Chairperson Hartman announced that he will reserve the matter of On Active any new committee appointments leaving the present committees on Status: active status for the coming year. He reminded Committee Chairperson Dick Dobrick of the time table concerning the changing of Ward boundaries. Adjournment: There being no further business to come before the meeting, Mike Hovgaard moved that the meeting adjourn. Second by Janice Johnson and carried. Meeting adjourned at 9:44 P.M. Respectfully submitted, /lj