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Meeting Minutes Sept 1991, May 1992, and Nov 19924141 Douglas Drive North • Crystal, MN 55422-1696 •537-8421 ADMINISTRATIVE OFFICE December 3, 1992 Honorable Kevin Burke Chief Judge _ Hennepin County District Court 12-C Government Center 300 South Sixth Street Minneapolis, MN 55487 RE: City of Crystal Charter Commission Dear Judge Burke: Enclosed find copies of minutes of meetings of the Crystal Charter Commission of September 25, 1991, May 27, 1992 and November 18, 1992. The November 18 minutes have not yet been approved. Also enclosed find a recommendation from the Charter Commission to the City Council for a number of amendments to the City charter for adoption under Section 410.12, subdivision 7. Also enclosed find a letter of resignation from member John Schaaf which the Commission received at is November 18, 1992 meeting. It appears From the Commission records that there now exist two vacancies on the Commission. The City Council's practice in the past has been to submit names of interested persons and forward those names to you for consideration. Unless I hear from you to the contrary, that list will be forwarded to you probably after the Commission's next scheduled meeting on January 27, 1993. This letter constitutes the Commission's 1992 annual report as required by Minnesota Statutes, Section 410.05, subdivision 2. Sincerely, 1_. ! John T . Irving, Chair Enclosures cc: David Kennedy, Commission attorney DJX45014 CR205-5 JOHN R. SCHAAF November 13, 1992 Mr. John T. Irving Chairman, Crystal Charter Commission 4141 Douglas Drive North Crystal, MN 55422 Dear Jack: It is with regret that I offer my resignation from the Crystal Charter Commission. For many years I have sincerely enjoyed the professional relationship with the Commission. Due to numerous conflicts l am unable to devote the necessary time to fulfill the responsibilities of a Commission member. 'lease extend my sincere thanks to all those on the Commission. Their support and unselfish contribution of time and talent have contributed greatly to our fine city`s success. Best wishes for continued progressive and fruitful activity on the Charter Commission. It has been a great experience working with you. Sincerely, Jo in R. Schaaf JRS0255 cc: Mr. Jerry Dulgar City Manager, City of Crystal Mr. David J. Kennedy Holmes & Graven Unapproved MINUTES OF REGULAR MEETING OF THE CHARTER COMMISSION OF THE CITY OF CRYSTAL, MINNESOTA NOVEMBER 18, 1992 Pursuant to due call and notice thereof, a regular meeting of the Charter Commission of the City of Crystal, Minnesota, was held on Wednesday, November 18, 1992 in the Community Room of the Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. The Chair called the meeting to order at 7:20 p.m. Upon roll call, the following members were present: Anderson, Cunningham, Dunham, Elsen, Feyereisen, Joselyn, Irving and Magnuson. The following members were absent: Cook, Meintsma, Nemer, Gerber, Schaaf and Hawk. The Chair stated that members Cook, Gerber and Nemer had informed the Secretary prior to the meeting that they would be unable to attend. (Meintsma arrived at 8:05 p.m.) The Chair stated that the absences of Cook, Gerber and Nemer would be considered excused. A discussion ensued about quorum requirements and membership. The Secretary pointed out that the by-laws quorum requirement was a majority of the qualified and voting members. There was also a discussion of whether Betty Rood was a member of the Commission. The attorney was instructed to clarify this point. Several members expressed concern about attendance levels and it was agreed that members should be encouraged to attend. Moved by Elsen, seconded by Cunningham, that the minutes of the September 25, 1991 and May 27, 1992 meetings be approved as prepared by the Secretary. Motion carried unanimously. The Chair presented a letter of resignation from member Schaaf. Moved by Joselyn, seconded by Anderson, that the letter be accepted and forwarded to the District Court. The Chair stated that the City Council would be informed of the Schaaf vacancy (and Rood vacancy if it exists) with a request that names of possible successors be submitted to the District Court for consideration. The Commission then turned to a review of the various proposed amendments to the charter that had been prepared by the attorney pursuant to Commission direction. The attorney reviewed each change and the reason for the changes referring to the discussion in the minutes of the May 27, 1992 meeting. Action on each item was as follows: Sections 12.05 and 12.06. The Commission felt that revising the ordinance requirement for land sales did not adequately protect the public and that a requirement for a public hearing after notice was desirable. Moved by Dunham, seconded by Joselyn, that Sections 12.05 and 12.06 be approved but with the public hearing a notice provision of 12.06 be added to 12.05. Motion carried unanimously. DJX44965 CR205-5 6.05 . Purchases and Contracts. After discussion, moved by Magnuson, seconded by Elsen, that the change to Section 6.05 be approved. Motion carried unanimously. Dunham moved, seconded by Cunningham that the proposed changes to Sections 2.05, 2.07 and 3.01 be approved. Motion carried unanimously. The attorney then referred to a request from the City Finance Office to amend Section 7.05, dealing with budget adoption procedure, so that it conformed to state law. Moved by Joselyn, seconded by Meintsma, that the attorney be directed to prepare an appropriate amendment to Section 7.05 providing that the budget process be that prescribed by state law, but if no such procedure is prescribed, the existing charter procedure would be used. Motion carried without dissent. It was agreed by consensus that the attorney be directed to prepare the necessary recommendation and ordinances to be forwarded to the City Council for adoption of the proposed changes under the amendment by ordinance procedure of Minnesota Statutes, Section 410.12, subdivision 7. The attorney pointed out that since this meeting was actually the regularly scheduled September meeting that the annual meeting should be held. The Chair called the annual meeting to order and announced that election of officers was in order. Moved by Magnuson, seconded by Joselyn, that the officers of the Commission be as follows: Chair -Irving Vice Chair-Elsen Secretary -Magnuson Motion carried unanimously. It was agreed by consensus that the next regular meeting would be held on Wednesday, January 27, 1992. The meeting adjourned at 9 : 05 p.m. Respectfully submitted, David J. Kennedy Acting Secretary DJX44965 CR205-5 2 Approved 11/18/92 MINUTES OF REGULAR MEETING OF THE CHARTER COMMISSION OF THE CITY OF CRYSTAL, MINNESOTA MAY 27, 1992 Pursuant to due call and notice thereof, a regular meeting of the Charter Commission of the City of Crystal, Minnesota, was held on Wednesday, May 27, 1992 in the Community Room of the Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. The Chair called the meeting to order at 7 : 05 p.m. Upon roll call, the following members were present: Elsen, Cook, Magnuson, Anderson, Joslyn, Feyereisen, Dunham, Irving and Garber. The following members were absent: Meintsma, Schaaf, Nemer, Hawk, Rood and Cunningham. The Chair announced that none of the absent member had called to indicate their inability to attend. The attorney noted that by inadvertence, the minutes of the September 25, 1991 meeting had not been circulated prior the meeting. It was agreed by consensus that approval of those minutes would be deferred until the next meeting. The Chair then announced that the Commission would review the suggestions for changes in the charter proposed in the attorney's memo and circulated prior to the meeting. 1. Section 6.05 . Purchases by the City Manager. Kennedy pointed out that state law for Plan B statutory cities (manager cities) as of August 1, 1992 will permit city managers to make purchases up to $15, 000 without Council participation and up to $25, 000 (the general competition bidding threshold) with Council approval. After discussion, moved by Cook, seconded by Elsen, that the attorney be instructed to prepare a form of amendment to the charter embodying the same standard as Plan B cities for Crystal. Motion carried. 2. Sections 12.06 and 12.07. Sale of Land; Vacation of Streets. Mr. William Monk, Public Works Director for the City of Crystal, arrived at 7:30. The Chair announced that the Commission would next consider the request from the City Council to study possible changes in Sections 12.06 and 12.07 of the charter dealing with the requirement of ordinances to dispose of city land and to vacate public ways. Monk briefly reviewed the problems encountered with the ordinance approach, particularly the delay and expense and stated that the use of a Council resolution after notice and hearing would be more efficient while still affording affected citizens and property owners adequate opportunity to be heard. Kennedy pointed out that ordinances are not required in statutory Plan B cities and that if the ordinance requirement had been put in the charter to enable referendum on these matters, the technique would probably be ineffective since such ordinances are probably not subject to referendum. There was discussion of a mailed notice requirement in the case of vacations similar to the mailed notice requirement for zoning ordinance amendments. Moved by Feyereisen, seconded by Elsen, that the attorney • be DJK35793 CR205-5 instructed to prepare recommended amendments to Sections 12.06 and 12.07 removing the ordinance requirement and the extraordinary vote requirement for vacations. Motion carried. 3. Section 2. 05 . Reapportlonment. The Commission then discussed Section 2.04 and the potential "reapportionment vacancy" problem. After discussion, moved by Gerber, seconded by Elsen, that the attorney be instructed to draft an appropriate amendment to Section 2.05 providing that an incumbent Councilmember who is placed outside the member's ward or section by reapportionment remain in office for the balance of that member's term. Motion carried. 4. Section 2.07. Vacancies. The Commission then discussed Section 2.07 and the potential problem of a vacancy occurring in the last year of a term after filings close. There was general agreement that the person elected to that office in November should be deemed to have been appointed to that vacancy for the balance of the term. Moved by Joslyn, seconded by Magnuson, that the attorney be instructed to prepare an appropriate amendment to Section 2.07. Motion carried. 5. Section 3.01. Special Meetings. The Commission then considered Section 3.01 and the language about personal service of notice of special meetings of the Council. After discussion, moved by Dunham, seconded by Anderson, that the attorney be instructed to prepare an amendment to strike the sentence and insert the term "reasonable notice." Motion carried. 6. Section 5.01. Zoning; Referendum. The Commission then turned its attention to Section 5.01 dealing with referendum and initiative on zoning matters. Kennedy argued that submitting zoning ordinance amendments to the voters or allowing voters to initiate zoning amendments was questionable from a public policy point of view. A spirited discussion ensued, following which the Commission declined to take any action on the matter. The Commission agreed by consensus that the next meeting would be held at the regular September date, that is, September 30, 1992. There being no further business to come before the Commission, the Commission adjourned at 9:10 p.m. DJK35793 CR205-5 Approved 11/18/92 MINUTES OF REGULAR MEETING OF THE CHARTER CO.NalISSION OF THE CITY OF CRYSTAL, MINNESOTA SEPTEMBER 25, 1991 Pursuant to due call and notice thereof, a regular meeting of the Charter Commission of the City of Crystal, Minnesota, was held on Wednesday, September 25, 1991 in the Community Room of the Crystal City Hall, 4141 Douglas Drive North, Crystal, Minnesota. The Chair called the meeting to order at 7 :15 p.m. Upon roll call, the following members were present: Cook, Essen, Joselyn, Magnuson, Feyereisen, Garber, Anderson and Irving. The following members were absent: Dunham, Rood, Hawk, Neater, Meinrsma, and Schaaf. The Chair stated that members Nemer, Hawk and Schaaf had informed the Secretary prior to the meeting that they would be unable to attend. Cook stated that 1+Meintsma had informed him of eiutsma"s inability to attend. The Chair Indicated that the absences of Nemer, Hawk, Schaaf and Meintsma would be considered excused. Cook moved that the minutes of the May 29, 1991 regular meeting be approved .with the following changes: (i) remove second listing of member Garber, and (ii) strike the duplicating paragraph on page 1. Seconded by Elsen, motion carried. The Chair reported that the Homan vacancy had not been filled, that the City Clerk had received an expression of interest from Cunningham and Karmo, and that applications would be sent to those two persons for submission to the district court. The Commission then turned to the matter of election dates, the only remaining unresolved issue before it. Kennedy distributed a research memo on experience in other governmental units (copy attached) and a memorandum from the City Clerk with data on the 1991 school board election (copy attached) . An extended discussion ensued. Members pointed out that: - the available data shows very low voter turnouts at elections held on dates other than the November date; - even in those cities with spring election dates, the trend appears to be toward the November date; - there is evidence that the legislature is prepared to make the November date uniform for all governmental units; - there is evidence that the multiplicity in election dates cause frustration, confusion and apathy among the voters. Joselyn pointed out that if Crystal were to change to a spring date, the adjustment of times would require a number of years to accomplish and if the arT,3s7e7 CR205-S legislature then required a November date, a further transition period would be required. Joselyn also pointed out that the present three-year term system results in a November election in off -general election years. Garber raised the question of whether there was any support on the Commission or in the general public for the change. It was pointed out that the City Council had requested the Commission to look at a change in the even -year biennial system and that the question of spring elections had been raised by member Meintsma. Moved by Magnuson, seconded by Garber, that the Commission not recommend any change in the present system of annual elections in November. Motion carried without dissent. The Chair then pointed out that the Commission had previously taken action recommending no change in the present charter system of wards, sections, terms and election dates and that with this day's action, no further issues were before the Commission. The Chair was authorized and directed to send a formal response to the City Council about the Commission's action on the Council's election date request. After discussion, it was moved by Feyereisen, seconded by Elsen, that the Commission should meet as required by law at its annual meeting in September, subject only to the call of the Chair. Motion carried without dissent. There being no further business to come before the Commission, the Commission adjourned at 8:15 subject to the call of the Chair. Davies Acting Secretary DJX35787 CR205-5