HomeMy WebLinkAbout19930114 Charter MinutesMINUTES
Charter Commission
City of Hastings, Minnesota
January 14, 1993
Present: Virginia Brown Richard Myklebust
Denise Kehn Michael McCabe
Tom Novak Ken Harrington
Dave Osberg
Guests: Shawn Moynihan, City Attorney
Absent: Edith Kaiser
Presiding: Chairperson, Tom Novak
ITEMSI&II
Call tv Order & ,S~uorum:
The meeting was called to order at 7:00 p.m. by Chairperson Tom Novak
and he declared a quorum present.
ITEM III
Approval of Minutes:
A motion was made by Michael McCabe to approve the minutes of April
9, 1992 meeting. Seconded by Richard Myklebust. Motion carried.
ITEM IV
Ele~;li~n of Officers for 1993:
The first order of business was the election of officers to the positions of
Chairperson and Vice-Chairperson. Chairperson Tom Novak opened
nominations for the position of Chairperson. Tom Novak was
nominated for Chairperson. There being no other nominations, Ken
Harrington moved to close nominations. Seconded by Denise Kehn.
Motion carried. Vote unanimously passed for the election of Tom
Novak as Chairperson.
Nominations were then opened for the position of Vice-Chairperson.
The motion was made by Denise Kenn and seconded by Ken Harrington
to keep Edith Kaiser as Vice Chairperson. No other nominations were
received. A motion to close nominations was made by Denise Kenn and
seconded by Virginia Brown. Vote carried.
ITEM V
Unfinished Business:
1.) Everyone should receive a copy of the letter to the Chief Judge dated
December 31st, 1992, which outlines what was accomplished the last
year.
2.) Four terms expiring April 30, 1993: Tam Novak, Pat Mathison,
Virginia Brown, and Denise Kehn. City Attorney will submit names of
those who are willing to serve to the Mayor and the Mayor will make the
decision far the Chief Judge. Virginia, Denise, Tom, and Pat have agreed
to continue to serve.
TI'EM VI
New Business:
Dave Osberg began new business.
1.} TomNovak opened voting for Edith Kaiser asVice-Chairperson.
All commissioners present voted far Edith Kaiser.
2.} Dave Osberg pointed out Charter Section 3.07, Mayor's contingency
file. The Mayor's contingency expense found in our amount is to be
satisfied by City Council by resolution; technically it is not done by
resolution, it is done by resolution by adoption of the total budget.
Much discussion followed.
3.) Charter Section 3.11 was deleted.
4.} Charter Section 5.03. In the 1991 Legislative session, with the help
of the county, the State Legislature passed Minnesota Statute 383d.73
which allows governing bodies to transfer duties of city yr town far
review under Minnesota Statute to the County Board of Equalization.
Lengthy discussion followed. The question, is 5.03 irrelevant, was
introduced. Tom Novak asked Shawn Moynihan tv check into 5.03.
5.) Charter Section 3.07. Shawn Moynihan and Dave Osberg will go
through Section 3.0? and check what has to be changed. ~ Lengthy
discussion followed. Contingency Expense was defined as the expenses
the Mayor needs; a form of an expense account which is regulated by
state law on what the Mayor spends. At the next meeting it was decided
to separate contingency expense from compensation. Qne being 3.07 and
the other 3.075. Discussion was brought up that the contingency report
may not be necessary in the Charter. Reasoning would be that there may
have been somedisupute about whether there is contingency. Discussion
was brought up on whether or not it should be kept in there or cleaned
up or be placed in another spot, it was mentioned that it could be put
under 5.06 Budget and listed under letter "D", mentioning the fact that
the city felt that is a good place to put the contingency fund resolution.
Shawn was appointed to work on it to fmd any statutes regarding this
matter and discuss at the next Charter meeting.
6.) Shawn Moynihan points out 204 and 205, Petitions for Elections.
a) There is a discrepency in the timing when the petition for a
primary should be filed. Section 205 should be consistant with
State Law and Section 204 should be eliminated. Lengthy
discussion followed, and it was agreed to have the City Attorney
drop the 1 S vote on voters on section 205.
b) Section 3.02 discussion was had on changing the sentence that
reads, Term of all length of officers shall begin on the first
Monday after the first Saturday in January following the
January commencemen# election. Change to: The term of
elected officers begins on the first meeting of the year; if
January 1st fell on a Sunday, the first meeting would be on
Monday, January 2nd; technically that is not the first Monday
after the first Saturday.
7.) Richard Myklebust discussed Councilman Hicks' recommendation
of having 2 ballots instead of an "at large". Tom Novak explained why
it is not handled with 2 ballots. Denise Kehn explained why there is an
"at large" seat. Virginia Brown had questioned why two "at large" seats
come up For election at different times. Tom Novak asked Dave and
Shawn to look at Denise and Virginia's ideas of "at large" seats.
$.) Denise Kehn wanted to look at Section 3.06 relating to Law
Enforcement and the Mayor. Tom Novak and others discussed this, and
what would be a function of the City Administrator. Lengthy discussion
followed. Discussion was had on whether Law Enforcement should be
a function of the Mayor, what of the City Council, what of the City
Administrator. No decision was arrived at. Tom Novak suggested
discussion of this issue at another meeting. A motion was made and
passed to leave it as it is for now, since there are no real problems.
9.} Discussion was had on whether or not the Fire Department is
excluded from the Ethics Guidelines.
10.) Discussion was had with Shawn Moynihan, City Attorney, on the
Charter issue. He explained the changes that the Council previously
suggested need to be ratified. These were minor language changes,
beginning with Section 3.10. It was agreed that these minor changes
would be made.
ITEM VII:
Mike McCabe moved to adjourn, seconded by Ken Harrington. Tom
Novak adjourned the meeting.
Respectfully submitted: ~-°~' ~ f--P