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1999-10-27 MinutesRICHFIELD CHARTER COMMISSION Meeting Minutes for October Z7, I999 Call to Order: President Amy Krauss called the members to order at 7:Q5 pm in the Heredia Room. of the Richfield City Hall. Roll Call: Present: Jan Anderson, Joe Novak, Dorothy Holstrom, Edward Thom, Amy Krauss, Paul Muilenberg, Gertrude Ulrich, Gordon Anderson, Richard Morey, Annette Margarit, Winthrop Zocher, and Gordon Herrboldt. Absent: Jane Hendrickson, Gloria Gordon, and Army Zabransky. Twelve members being present, a quorum was announced. Minutes: Secretary Jan Anderson submitted the September 29, I999 meeting Minutes. Since only one copy was available, approval was delayed until Inter in the meeting to allow aI4 members present to review it. Report of Officers: There was no report of officers. Committee Report: Section 8.04 / 8.05 Study Committee: Amy Krauss announced that, upon request, Corrine Thompson had written and brought to the. committee meeting a draft of a new re-write of Sections 8.04 and 8.05. It was obvious that this draft did not encompass the intend purpose of these sections. After further explanation, Corrine Thomson was requested to write a different version to be presented at the October 27, 1999 full Charter Commission meeting. Upon review of the draft presented at the IOf27f99 meeting, it was generally agreed that the overall language was acceptable. Section 8.04 is to be a definition of capital public projects covered, and Section 8.05 is to be the procedure by which capital public projects ~s defined in Section 8.04 are implemented. The draft presented would play out in the following manner: o A proposal on the design/engineering phase would be estimated ~ Ifthe estimate exceeds $75,000, then details of the project and notice of a public hearing would be published twice in newspaper within fourteen days of the hearing -~ a public hearing would take place -~ the city council would vote an the estimated proposal by resolution ~ The result would be published at least once in the newspaper. o A proposal on the construction phase would be estimated ~ If the estimate exceeds $500,000, then details of the project and notice of a public hearing would be published twice in newspaper within fourteen days of the hearing -~ a public hearing would take place -~ the city eounciI would vote on the estimated proposal by resolution ~ The result would be published at least once in the newspaper. It was determined that two areas within the language of the draft needed further discussion: 1) Whether or not these secrions should apply to a} projects involved in the everyday function of the City, and b} capital public projects that involve construction of "buildings" only; and 2) Whether or not approval of capital public projects by the city council should be in the form of a resolution (which takes effect immediately) or an ordinance (which takes effect after 30 days). Minutes of 10/27/99 Charter Commission Meeting Page 2 A motion by Ed Thom and seconded by Annette Margarit to add the words "new or existing" before all references to "city building" in the draft passed. A motion was made by Ed Thom and seconded by Gordon Anderson to add the word "project" after alI references to "city building". A motion was made by Ed Thom and seconded by Gordon Anderson to 1) rescind their original motion; 2) add the word ~"project" after all references to "city building"; and 3) add the sentence "Sections 8.04 and 8.05 do not apply to any project for routine or necessary maintenance of city property." after the first sentence in Section 8.04. The motion passed. Motion by Joe Novak and second by Wynn Zocher to eliminate the word "building" in all references to "city building" passed. ~'~, Motion by Jan Anderson and second by Wynri!~ Zocher to change "resolution" to "ordinance" failed due to a 6-6 tie vote. '~ Motion by Ed Thom and second by Jan Anderson to add the words "at the next regular city council meeting following the date of the public hearing" after the word "resolution" passed 7-5. (Note: The time span between the public hearing and the~ext council meeting following the public hearing is meant to be two weeks.) ~, A motion was made by Rick Morey and seconded by Ed Thom to approve the amended draft (see Attachment A, Page 2 to these Minutes), and to replace the current Sections 8.04 and 8.05 of the City Charter with the following: Section 8.04. Public Projects. Sections 8. construction of a new or existing City prof 75,000 or that has estimated construction c apply to any project for the routine or nece contract for design/engineering or comme~ section, the City Council must authorize c. construction phase of the project according 4 and 8.05 apply to any project for the design or ct that has estimated design/engineering costs in excess of ~sts in excess of $500,000. Sections 8.04 and 8.05 do not sary maintenance of city property. Before entering into a ping construction of a public project governed by this nmencement of either the design/engineering phase or the to the procedure in section 8.05 of this charter. Section 8.05. Procedure for Public Project design/engineering phase or the constructi~ Council must hold a public hearing. Notic official newspaper within fourteen (14) da hearing may be-given in such manner as tr the proposed public project, the proposed 1 cost of the project phase that is the subject must be presented at any hearing on the cc The Council must approve or disapprove i must be published at least once in the City The motion passed 8-4. This final version fault with it, will be presented to the City during that time. Before authorizing the commencement of either the i phase of a project governed by section 8.04, the City of the hearing must be published at least twice in the prior to the date of hearing. Addition notice of the public City Council may determine. The notice must identify ration and intended use of the project and the estimated f the hearing. The proposed design for the public project struction phase of a project governed by section 8.04. applicable project phase by resolution. The resolution official newspaper. be reviewed by Corrine Thompson and, if she finds no ;,il for approval. The sub-committee will remain in effect RICHFIELD CHARTER COMIVIISSION Page 3 Meeting Minutes for October 27, 1999 Considentation of Communications: No activity was reported. Unfinished Business: Section 6.01. The City Manager. The residency requirement, which is in conflict with Minn. Statute 416.15, was discussed. Motion to add the words, "It is understood that this portion of Section 6.01 is in conflict with Minn. Statute 416.15." was made by Jan Anderson and seconded by Ed Thom. The motion failed. Motion to eliminate the entire sentence refemng to residency, (i.e., The City Manager need not be a resident of the City or state at the time of appointment, but during tenure of office, shall reside within the City.) was made by Paul Muilenberg and seconded by Annette Margarit. The motion did not pass by quorum vote (8), and therefore failed. It was noted that other cities encourage residence by offering incentives (e.g., paying for moving expenses only to residences within the city). Meeting Attendance: According to the League of Minnesota Cities, Charter Commission members who miss four consecutive meetings, unexcused, are subject to potential loss of position. Motion by Gertrude Ulrich and second by ~- Joe Novak to petition the removal of Gloria Gordon from the Charter Commission passed. New Business: There was no new business Minutes: (Delayed action) Motion by Ed Thom and second by Wynn Zocher to approve September 29, 1999 meeting Minutes passed. Adjournment: Motion was made by Gordon Herrboldt and seconded by Wynn Zocher to adjourn. Motion carried and the meeting was adjourned. Respectfully Submitted, Jan M. Anderson, Secretary •