HomeMy WebLinkAbout19980723 Charter MinutesMINUTES
Charter Commission
City of Hastings
July 23, I99$
Present: Terry Sieben
Dan Greil
Joan Bolesworth
Dan I~nak
Gene Sabaitis
Connie Blasing
Absent: Scott Sydor
Kevin Burke
Mary Hoffman
Guests: Joyce Hottinger, Administrative AssistantJCity Clerlc
Shawn Moynihan, City Attorney
Dave Osberg, City Administrator
Call to Order and Quorum
Chair Terry Sieben called the meeting to order and declared a quorum present.
Approval of Minutes
Moved by Greil, seconded by Blasing, to approve the minutes of April 23, 1998
Charter Commission meeting. All voted in favor.
Unfinished Business
CHAPTER V TAXATION AND FINANCE
The Charter Commission reviewed the Resolution prepared by Staff regarding
changes in Chapter V Taxation and Finance of the City Charter.
Moved by Blasing, seconded by Bolesworth to Approve the Resolution malting
changes in City Charter Chapter V Taxation and Financc and recazximending that the
Hastings City Council adopts the proposed Charter amendment by Qrdinance in the
manner allowed by Minnesota Statute 410.12 Subdivision 7. All Voted in Favor.
Commissioner Marv Hoffman arrived at 7:I 1 PM
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REVIEW OF SECTION 2.04 AND 3.02 REGARDING
PRIMARY ELECTIONS AND COUNCIL COMPOSITION AND ELECTION
Staff reviewed with the Charter Commission three different language changes
in the City Charter that attempt to incorporate the various options regarding the
need far a Primary Election and the method in which a person files far a particular
City Council seat.
After considerable discussion by the Charter Commission, Greil made a
motion, and Sabaitis seconded, that Option#2 (One At- Large City Council Seat, and
Two Ward Seats) and Option #3 (One At-Large City Council Seat, and the Four
Ward Seats}, no longer be considered, and that further discussion on Option # I
(Filing for One specific At-Large Seat) be tabled until the next Charter Commission
meeting. All Voted in Favor.
New Business
The Charter Commission reviewed Chapter III, Farm of Government from the
City Charter. Mayor Mike Werner arrived as a guest at 8:Ob PM.
The Charter Commission conducted discussion regarding Section 3.08 Interim
Investigation, Study c~nd Policy Committees of the City Charter. Moved by Bolesworth,
seconded by Greil, directing City Staff to prepare Resolution for consideration at the
next Charter Commission meeting, that would remove language from Section 3.08
allowing the Mayor the sole authority to conduct investigations, studies and other
powers, and require that such authority shall be provided only after a majority vote of
the entire City Council. All Voted in Favor.
Other Business
The Charter Commission agreed to review Chapter IV, Procedure of Council, at the
next Charter Commission meeting.
The Charter Commission agreed to conduct the next meeting on November 5, 1998
at 7:00 PM.
Adiournm
to adio~irn~ie/~eetin~ at 8:15 PM. All Voted in Favor.
Da~rid M. Osberg, City A.~~i~fator
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SECTION 3.0'7. MAYOR AND COUNCIL COMPENSATION-MAYOR .`- .
CONTINGENCY EXPENSE FUND. The Mayor antl Couucilmembers shall receive such ~ -
compeusation as established in accordance with the Minnesota Statutes. In addition, the
Mayor shall also have placed at his or her disposal., a contingency expense fund in au
amount to be established by the City as a part of the annual budget adoption process. The
Council may increase the Mayor's or Councilmembers' compensation but any increase so
determined shall not be effective until after the next succeeding General Municipal election.
Any increase shall be accomplished by ordinance.
SECTION 3.08. IN`.['LRIlvI IN VES'TfGATTON, STUDY AND POLICY
COMMITTEES. The Council by a majority vote, or the Mayor, shall have the power to
make investigations into all City affairs, to subpoena witnesses, to administer oaths, to
compel the production of books and papers, and to demand reports from department heads
on their respective departments' operations. The Council shall provide for a annual audit
of all funds, books and accounts of the City to be conducted by the Auditor of the State of
Minnesota or by a reliable Certified Public Accountant. In addition, the Council may of any
time provide for an examination or audit of the accounts of any officer or department of the
City Government.
The Mayor may appoint Council and f or citizen committees to study speciftc issues.
SECTION 3.09. COUNCIL, COMMTI'TEES. The Council may by ordinance, establish
committees of the Council and shall set forth the duties of the committees. Said ordinance
shall establish a procedure for appointment of council members to serve on the respective
committees, which ordinance shall provide far appointment to the committees by the Mayor,
subject to council approval The size of each committee shall be established by ordinance,
but to no event, shall the size of each committee constitute a majority of the qty Council.
SECTION 3:I0. 'I'HE CITY ADMINISTRATOR. The City Administrator shall be the
chief administrative officer of the City. The City Administrator shall be ~ chosen by the
council solely on the basis of their training, experience, executive and administrative
qualifications. The City Administrator shall be appointed for an indeftnite term and may
be removed at any time by an affirmative vote of a majority of the entire council. But after
the City Administrator has served as Administrator for one year, the City Administrator may
demand wzitten chazges and a public hearing on the charges before the council prior to the
date when the City Administrator's final removal takes effect. After the hearing, if one is
demanded, the council shall have unlimited discretion either to reinstate the Administrator
or make the City Administrator's removal final. Pending the hearing and removal, the
council may suspend the Administrator from office. A majority of the entire council znay
designate some properly qualified person to perform the duties of the Administrator during
the City Adm_inistrato~'s absence, or disability or while the offiice is vacant.
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SECTION 3.08. INTERIM INVESTIGA o OdN,e TUDC ACDln ~ shall haOe th~ oweEto
The C_~_Council, by a majority vote, ~~
make uxvestigations into all City and t sdt°n nd rep r s~from department headston~the rorespective
production of books and papers,
departments' operations. 'The Council shall provide for an annual audit of all funds, books and accounts o
the City to be conducted by the Audit~na f at any t~ P ~de for anexaminatian or audiaof the accounts
Accountant. In addition, the Coun y
of any officer or department of the City Government.
The Mayor may appoint Council andlor citizen cornrnittees to study specific issues.
CH.AP~1~,R 1:V
. -1'ROCE13UItE OF COUNCIL
SECTION 4.01.. COUNCIL MEETINGS,
REGULAR MEETINGS. On the first Monday after-the first Saturday in January
following a regular municipal election, the Council shall meet at the Council Chambers in
the City Hall at such time as specified by Ordinance for a regular Council meeting. At this
time the duly elected members of the Council shall assume their duties. Thereafter the
Council shall meet at such times as may be prescribed by ordinance or resolution except
that they shall have at least two regulaz meetings each month. Provided that if any regular
meeting shall fall on a holiday or if it appears that a quorum of the Council will not be able
to be present for a scheduled meeting the meeting shall be .held when a quorum of the
Council would be present. All meetings of the Council and its committees . and
subcommittees shall be open to the public in compliance with the provisions of state law.
The Council shall use its best efforts to use an effect voice-amplifying or public address
system at all regular Council meetings.
SPECIAL COUNCIL MEETINGS. The Mayor, or any three members of the Council
may call a special meeting of the Council upon at least three business days advance written
notice to each member of the Council. Such notice-shall be delivered personally to each
member, or shall be left with a person of suitable age and discretion at the usual place of
-abode of the councilmember. The written notice must also state .the item or items to be
discussed at the special meeting. Tine City shall also wmply with.all requirements of the
open meeting law in effect at that time.
EMERGENCY COUNCIL MEETINGS. The Mayor, or any three members of the
Council may call an emergency meeting of the council upon one hour's notice to each
member of the council. Such notice.shall be delivered personally to each member or shall
be left with some person of suitable age and discretion at the usual place of abode of the
member. Erzxergency meetings may ~i~e called only to deal with anexisting-emergency to the
public health, safety or welfare of the' community or its residents. Only matters relating to
said emergency may be considered at said meeting. T'he City shall also comply with all
requirements of the open meeting law in effect at that time.
SECTION 4.02. APPOINTED OFFICERS.
ClT`Y CLERK. The City Administrator shall appoint a City Clerk who shall hold
office under such terms and conditions as the city Administrator may.prescribe. The City
Clerk shall serve as Secretary of the City Council and shall keep such records and perform
such duties as may be required by this charter, by ordinance or resolution of the City
Council, or by State law. The City Clerk may bald any other city office not inconsistent
cfierewith and may be charged with such administrative or managerial duties as the City
Administrator shall determinc_
CITY ADMINISTRATOR. The City Adrr~inistrator may hold any other appointed
City office not inconsistent therewith, including the office of City Clerk.
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.-.3 : ..x-:t~F :,-=A:TT~?~~NE ,~~ `f`h~- .~,it~y::~~~cii~~-~.r~I1=w:al~t ~u~r .~-ay °auth€~ricc ~~a~~ -t?ity
Administrator to appoint, a. City Attorney.-.who ~ shall .be :.an -attorney. licensed . to practice
before the highest Court in the State of Minnesota. The City Attorney shall act as legal
advisor to the Mayor and City Council and to Department Heads, Commission Heads and
Board Chairpersons', and shall perform all other legal services as directed or authorized by
the City Council or the laws of the State.
OTHER APPOINTED OFFICERS AND EMPLOYEES. The City Administrator,
upon authorization- by the City Council, shall appoint such other and further officers and
personnel as may be required to operate the city efficiently and the City Council shall
determine the qualifications thereof and prescribe the duties to be performed by each. The
terms of office, compensation and conditions of employment of all appointed officers and
employees of the City shall be established by the City Council. - ~ -
INCGMPATIBLE OFFICES. During the term fox which he or she was elected, no
elected officer of the City shall be appointed City. Administrator nor be compensated for any
municipal .office or employment (except volunteer firemen} other than far which he or she
was elected. For one year after leaving office, ~no farmer elected officer shall be appointed
to any paid appointive office or~ employment under the City (except volunteer firemen) -
which was created or the compensation of which was increased during his or her term as an
elected officer, except upon unanimous vote of the entire Council.
' SECT'lON 4.03. RULES OF PROCEDURE AND QUORUIvL .Unless otherwise
ordered and determined by this Charter or by the City Council by ordinance, the rules and
order of business of the qty Council shaIl be as prescribed in the-latest revision-af Robert's
- Rates of Order. The City Clerk shall keep a journal of the council's proceedings. A majority
- of all members of the City Council .shall constitute a quorum to do business, although a
lesser nunber may adjourn from time to time. The City Council shall provide by ordinance
a means by which a minority may compel the attendance by absent members.
SECTION 4.035_ AGENDA ITEMS.
REGULAR COUNCIL MEETING. In order to take action on an item at a regular
meeting of the City Council, the item must be submitted to the City Clerk by 2:00 p.m. on
the fifth calendar day before the day of the council meeting. Any item not submitted to the
City Clerk by that tizzze may be deferred to the zzext regular city council meeting or may be
referred to a committee, commission or staff for study and recommendation. If an item is
not submitted in a timely manner, the Council can take action on the item only if all council
members present vote unanimously to take action on the item at that meeting.
Sl'EC~AL COUNCIL MEETING. In order to take action. on an item at a special
council meeting that was not listed in the written notice required by Charter Section 4.01,
a majority of the entire council must approve placing the item on the agenda of the special
council ~neeting_
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SECTION 4.04. ORDINANCES {NON-EMERGENCY). Every legislative act of the Council
sha[[ be 13y ~_ ~~nance. Prior to the first vote on an ordinance ur on an arrlendment to an ordinance,
the proposed ordinance or amendment shall be submitted to the City Clerk in writing for distribution
to the Mayor and City Council.
Every ordinance or amendment to an ordinance shall be first voted upon at a regular Council
meeting; the second vote on said ordinance or amendment shall be at a subsequent regular or
adjourned meeting which shall occur not less than one week after the first vote. No ordinance or
amendment to an ordinance shall be passed anti! it has been favorably voted upan by the Council two
times as herein provided. The requirement that an ordinance or amendment to an ordinance be
favorably voted upan by the Council two times does require two consecutive favorable votes. An
ordinance or amendment to an ordinance shall not be amended so as to change its intent after it has
been voted upon once. Any proposed zoning related ordinance or proposed amendment to a zoning
ordinance which does not pass either the first or second reading, shall be considered denied for
purposes of Minn. Stat. § I5.99. Any proposed ordinance or proposed amendment to an ordinance
which has not passed its second vote within four ~nnonths after its first favorable vote shall be
considered void and before said proposed ordinance or proposed amendment may be considered
passed, there shall occur two consecutive affirmative votes thereon within afour-month period.
Ordinances and amendments to ordinances shall require the affmmative vote of a maj ority of the entire
Council to pass each vote (unless a greater percentage is required by this Charter, by State Statute
or by the subject ordinance itself, in which case each vote shall be passed by the designated
percentage).
Every ordinance or amendment to an ordinance shall be published or a notice of the passage
of said ordinance must be published before the ordinance or amendment takes effect. Publication of
the entire ordinance in a newspaper of general circulation in the City shall constitute publication for
this purpose. Publication may also be accomplished by publishing -in a newspaper of general !'. ~~
circulation in the City, far at least two successive weeks, a notice that the ordinance has been passed
which notice shall specify in a general manner the subject matter of the ordinance and shall further ~' ` .-
state that copies of the ordinance are available at the office of the City Clerk. Publication of a
codification of ordinances may be accomplished pursuant to Minnesota Statutes Annotated ~} 15.021.
Every ordinance passed under this paragraph shall take effect seven {7) days after publication or at
such later date as is fixed therein.
SECTION 4.05. EMERGENCY ORDINANCES, An emergency ordinance is an ordinance
necessary for the imrr~ediate preservation of the public peace, health, morals, safety, or welfare, in
which ord'znance the emergency is defined and declared in a preamble thereto. An emergency
ordinance must be approved by a majority of the entire City Council_ An emergency ordinance must
be in writing but maybe enacted without previous filing or voting, and may be passed finally at the
meeting at which it is first introduced and voted upon, by one vote of the Council. An emergency
ordinance shall remain in effect far the duration of the emergency and shall become void when the
emergency no longer exists. No
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prosecution shall be based upon the provisions ot~ an emergency ordinance until 24 hours after the
ordinance has been filed with the City Clerk after passage and posted in three conspicuous places in
the City, or until the ordinance has been published as provided in the preceding paragraph, unless the
person charged with violation thereof had actual notice of the passage of the ordinance prior to the
act or omission resulting in the prosecution.
SECTION 4.06. RESOLUTIONS AND MOTIONS. All powers except legislative powers
enacted by ordinance-shall be exercised by a resolution or motion. Any Councilmember or the Mayor
may require the reading in full of a motion or resolution before a vote is taken thereon. Resolutions
and Motions shall take effect immediately upon their passage.
SECTION 4.07. REVISION AND COD]FICATION OF ORDINANCES. The City may
revise, rearrange and codify its ordinances with such additions and deletions as may be deemed
necessary by the City Council. Such ordinance code shall be published in book, pamphlet or
continuously revised loose-Ieaf form and copies shall be made available by the City Council at the
office of the City Clerk for general distribution to the public at a reasonable charge. Publication in
such a code shall be a sufficient publication of said ordinances contained in the codification, including
any ordinance provision not previously published, if a notice that copies of the codification are
available at the office of the City Clerk is published in a newspaper of general circulation in the City
for at least two successive weeks before the effective date of said codified ordinances.
- ` SECTION 4A8. AM~NllNiENTS OR REPEAL OF ORDINANCES. Every ordinance upon
its passage may be codified and recorded in a separate book or books kept for that purpose.
Drdinances may be amended, either wholly or partially, or repealed, by reference to their sections,
subsections or subparagraphs. It shall not be necessary in the case of amending an ordinance, to
completely restate the entire section or sections to be amended.
SECTION 4.09. CONFLICT OF INq`EREST. Except as otherwise permitted by Minnesota
Statutes, any member ofthe City Council or of any City Commission who has a substantial financial
interest in a matter which comes before that body for discussion, deliberation or decision shall, at the
commencement of such discussion, deliberation or decision, relinquish his or her place on such body.
He or she may participate in such discussion, deliberation or decision only as a member of the public,
and shall resume his or her place on such body only after that matter has been decided or otherwise
disposed of from the agenda of that meeting.
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