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HomeMy WebLinkAbout2001-12-03 Charter MinutesCCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN DDRRAAFFTT MMEEEETTIINNGG MMIINNUUTTEESS DDEECCEEMMBBEERR 33,, 22000011 77::0000 PP..MM.. 1. Charter Commission Meeting was called to order by Chair, Chuck Lymangood, at 7:01 p.m. 2. Commissioners present: David Gageby, Greg Ebert, Steve Tillmans, Brian Lother, Brent Anderson and Chuck Lymangood. Rod Snyder was not present. 3. Chair made special mention of items available for attendees as per Open Meeting Law requirements. 4. Prior to approval of the agenda, it was requested by Anderson that under New Business be added a request for a communication to Judge Burke's office about data corrections. In addition, Anderson requested that Item #3, Approval of List of Claims, be moved to later in the meeting so that a formal expense report be correctly completed and copied for all attendees. Gageby moved and motion passed to approve the agenda with changes for the December 3, 2001 Charter meeting. 5. There were several corrections to the minutes. a. Commissioner Ebert should be added to the attendee list for the October 29 meeting. b. Lymangood, as Chair, would vote in "affirmation" at all meetings rather than Chair. c. 2nd to last paragraph, 2nd to last sentence to read "requested consent" instead of "asked if it would be okay." d. Commissioner Tillmans should be added to the attendee list for the October 29 meeting. e. 2nd page, 3rd paragraph, "'Ayes would be Gageby, Tillmans and Snyder; 'Nays' would be Anderson, Lymangood, Ebert and Lother." f. Under 9A, would read, "Previous expenses had been handled 'out-of-pocket' by Anderson" instead of including additional comments. Gageby moved and motion passed to approve the minutes with noted changes for the October 29, 2001 Charter meeting. 6. Time was allowed for Open Forum/Public Input. No one was in audience for input. Pat Puhle, from the City, was present and commented on the past activities of the Charter. 7. OLD BUSINESS A. Vice Chair Lother handed out two documents for commissioners and those present. The first document was Entitled, "Chapter 205, Municipal Elections." This document contained Minnesota Election Laws from 2000. The second document was entitled, "Primary Election Information for Corcoran Charter Commission." This document included major points that Lother and Lymangood reviewed with the City Council at its November 8, 2001 council meeting. Please see attached. Lother reported that the concept of primaries for the mayoral position was well received by the council. One councilor requested that the Charter Commission consider a primary for the council seats as well. DDRRAAFFTT CCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN MMEEEETTIINNGG MMIINNUUTTEESS Page 2 DDEECCEEMMBBEERR 33,, 22000011 Both the "pros" and the "cons" of a mayoral primary were discussed at the Council Meeting. Lymangood noted that the issue of the Charter's annual budget was also discussed. Key "needs" items were identified: Primary implementation deadline needs to be done by the first City Council meeting in May of 2002. "Cost" items were also discussed: Printing of special ballots. Lymangood noted the importance of timing. He mentioned that if the Charter Commission so wished, it should come up with a formal recommendation very soon. Tillmans commented that he thought that a primary for the council seats might not be necessary at this time. Several commissioners agreed that such a primary for council seats might be added in the future, as there wasn't a clear differentiation between rural Corcoran and suburban Corcoran. Without such a differentiation, making a recommendation to the Council would be difficult, as the issue of wards would complicate the recommendation. With current precinct system, and no clear geographic boundaries, it would be difficult to complete any research in time for the next election. It was determined that such a research project may delay the approval of a primary for the mayoral election. Lymangood suggested a motion be made to make a recommendation to the Council that they consider adopting a primary for the position of mayor. He also suggested that such a recommendation include a list of reasons and that, at this time, it would not be appropriate to include council seats for consideration. Gageby requested a reiteration of the deadlines for filings for both a mayoral primary and a council seat primary. Lymangood and Lother reviewed: It is 56-70 days before September for mayoral deadline. Gageby then requested a calendar be prepared for the next presentation and recommendation to the Council. Lymangood then added that in such a recommendation be included a request to the City to have a "concentrated effort to notify public of such a primary." Lymangood said that he and Lother would try and get on a late December or January agenda of the City Council. Lymangood and Lother mentioned that the greatest benefits of such a primary is that it would tend to result in a majority vote and minimize the dilution of the City's electorate, may improve communication of important issues, and candidates would more likely be "well-known" by the time of the election. Lother moved and motion passed to recommend to the Council that it approve the implementation of a primary election for mayor (for reasons mentioned) and not recommend including Council seats in a primary at this time. DDRRAAFFTT CCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN MMEEEETTIINNGG MMIINNUUTTEESS Page 3 DDEECCEEMMBBEERR 33,, 22000011 Lymangood suggested that he would attempt to get on the agenda for the Council's second meeting in December. B. Lymangood and Anderson brought forth the third draft of the "Procedural Policy for Corcoran Charter Commission." Several suggestions were discussed and made to the document: a. Anderson noted that the numbering sequence needed correction. b. Item VIII. be amended to have two distinct parts: "Procedures to amend Charter" and "Initiative and Referendum." c. " Procedures to amend Charter " shall read, "Procedures to amend Charter shall abide by State law as per MSA 410.12." d. " Initiative and Referendum " shall read, "Procedures for initiative and referendum shall abide by State law as per MSA 410.12." Anderson moved and motion passed to amend the document with changes notes. The "Introductory Statement" of the document was reviewed. Tillmans requested the formal definition of Home Rule Charter before additional review. Tillmans moved and motion passed for a seven minute break so that Anderson could find the exact definition in the state statutes relating to Charters. Anderson would also, at this time, get copies of the List of Claims for all Commissioners. The meeting reconvened at 7:59 P.M. Anderson referenced MSA 410. 015 and read aloud. Lymangood explained in layman's terms. The group discussed dropping the word, "continuing" in the Introductory Statement. Also, after "MSA.410" would be the words, "is to:" Gageby moved and motion passed to adopt the Introductory Statement with noted changes. 8. The Commission, at this time, returned to Agenda Item III to review Anderson's List of Claims for November. Attached document included such items as copy paper, envelopes and postage. The total was for $33.66. There was a brief discussion about reviewing claims and the process: a. review with Council or Charter Commission 1. It was determined that after the Commission approved, the List of Claims would be delivered to the City. 2. It was also determined that a List of Claims be presented to the Charter Commission semi-annually. DDRRAAFFTT CCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN MMEEEETTIINNGG MMIINNUUTTEESS Page 4 DDEECCEEMMBBEERR 33,, 22000011 Tillmans moved and motion passed to approve the List of Claims 9. NEW BUSINESS A. Secretary Anderson noted that Judge Burke's assistant was still sending him notices and addressing him as "Chairperson." He also noted in the Judge's list of Commissioners that Lother's zip code was incorrect. It should be 55374. Lymangood stated he would contact City staff since the letter was addressed to the mayor and request that staff send a letter to Rebecca Sorrells identify the needed corrections. Lymangood also noted that the letter was a signed statement from the judge that our request for amended terms had been granted. B. Lymangood reviewed the elements required for the annual report. Anderson agreed to handle the first draft and would review with Lymangood before December 12. C. Lymangood also wanted to make sure that all Commissioners were clear on the "Open Meeting Law" as there was an issue relating to the law at the last Council meeting. A lengthy discussion ensued and Lymangood reminded that, as an example, if any four Commissioners are together, they couldn't discuss issues or make decisions without a proper notice to the public. Gageby requested that his comment be included "for the record. I have not been involved in such an occurrence regarding the 'Open Meeting Law' since becoming an elected official." D. The Commission discussed the need for a press release about the Charter Commission to the Crow River News. Lymangood asked Anderson to prepare a draft and present to the Commission at its next meeting. Ebert cautioned that such a press release be carefully worded so that inappropriate items are not brought before the Charter. Lymangood added that a press release should include the types of things a Charter is able to do. Other items: a. Help public be aware of existence of the Charter b. Highlight what things have been done c. Identify items that can be brought to a Charter and clarify when it should be brought before the Council instead. E. The date for the next Charter meeting was discussed and agreed that February 4 would be an acceptable date for its next meeting. Lymangood confirmed with Pat Puhle of the City staff. Motion made by Lother and motion passed to accept February 4 for its next meeting. DDRRAAFFTT CCOORRCCOORRAANN CCHHAARRTTEERR CCOOMMMMIISSSSIIOONN MMEEEETTIINNGG MMIINNUUTTEESS Page 5 DDEECCEEMMBBEERR 33,, 22000011 10. Anderson moved and motion passed to adjourn the meeting. A Note To The Public A copy of the Corcoran Charter and state statues relating to a Charter's function can be obtained by submitting a request in writing to: Charter Commission Chair Corcoran City Hall 8200 County Road 116 Corcoran, MN 55340