City Charter Commission

AGENDA City Charter Commission Meeting 5:30 PM - Thursday, May 8, 2025 City Hall Council Chambers Page 1. ROLL CALL 2. APPROVAL OF MINUTES 2.1. Approval of the City Charter Commission meeting minutes dated March 11, 3-5 2025. City Charter Commission - 11 Mar 2025 - Minutes - Pdf 3. OLD BUSINESS 3.1. Motion to approve the draft charter amendment to Section 28. Duties and 6 Powers of the Mayor of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 28. Duties and Powers of the Mayor 3.2. Motion to approve the draft charter amendment to Section 60. Special 7 Meetings of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 60. Special Meetings 3.3. Motion to approve the draft charter amendment to Section 66. Procedure on 8 Ordinances of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 66. Procedure on Ordinances 3.4. Motion to approve the draft charter amendment to Section 87. Police 9 Department of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 87. Police Department 3.5. Motion to approve the draft charter amendment to Section 88. Police 10 Commission of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 88. Police Commission 3.6. Motion to approve the draft charter amendment to Section 101. Library Board 11 of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 101. Library Board 3.7. Motion to approve the draft charter amendment to Section 180. Public 12 Nuisances of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Section 180. Public Nuisances 3.8. Motion to approve the draft charter amendment to Section 221 (6). Duties of 13 City Manager of the City Charter and recommend the city council enact the proposed charter amendment by ordinance. Page 1 of 13  Section 221. (6) Duties of City Manager 4. NEW BUSINESS 4.1. Schedule Next Meeting 5. ANNOUNCEMENTS 6. ADJOURNMENT Page 2 of 13  MINUTES City Charter Commission Meeting 5:30 PM - Tuesday, March 11, 2025 City Hall Council Chambers The City Charter Commission of the City of New Ulm was called to order on Tuesday, March 11, 2025, at 5:30 PM, in the City Hall Council Chambers, with the following members present: 1 ROLL CALL Present at the meeting were Commissioners William Swan, Duane Hansel, Michelle Markgraf, Dave Christian Linda Heine, Mike Boyle, Dr. John Brownfield and Rick Jensen (late arrival). Also present was Finance Director Nicole Jorgensen. Assistant City Attorney Cara Brown attended via telephone. Absent were Commissioner Les Schultz and City Manager Chris Dalton. 2 APPROVAL OF MINUTES a) Approval of the City Charter Commission meeting minutes dated January 23, 2025. Mike Boyle pointed out a missing letter in the roll call section of the meeting. That will be corrected before the minutes are published. Michelle Markgraf made a motion to approve the minutes of the January 23, 2025 meeting. The motion was duly seconded by Mike Boyle. The motion was approved by unanimous vote of all members present. 3 NEW BUSINESS a) Discussion on the following sections:  Section 2 Wards and Precincts  Section 28 Duties and Powers of the Mayor  Section 60 Special Meetings  Section 66 Procedures and Ordinances  Section 82 Board of Health  Section 87 Police Department  Section 101 Library Board  Section 180  Section 221(6) Duties of City Manager - There was a brief discussion about how the Page 1 of 3 Page 3 of 13 Discussion on the following sections:  Section 2 Wards and Precincts - Finance Director Jorgensen explained that the precincts are necessary for the County to make County Commissioner districts with even populations. She explained only 2 wards are affected by split county districts. It was suggested that it the Commission would like to consider this issue more that nothing be done until 2032 when the City redistricts again.  Section 28 Duties and Powers of the Mayor - Commissioner Boyle explained that he brought the issue of the Mayor's veto powers for discussion after reading the Charter and noting that the Council has no power to override a veto. The Commission discussed adding language to Section 28 so that it is similar to Section 71 which allows the council to override a veto with a 4/5ths vote. Commissioner Markgraf eventually made a motion to add language to Section 28 similar to Section 71. The motion was seconded by Commissioner Swan. The motion was eventually withdrawn after further discussion about what power the Mayor should have. It was requested that more research be done about the issue, what other communities do, and that a further interpretation of Sections 28 and 71 be provided. The Commission would like to discuss both sections more at a future meeting. The discussion leaned towards giving the council the ability to override a veto with a unanimous vote.  Section 60 Special Meetings - Commissioner Boyle explained that the section may need more clarification to define members as Council Members. Commissioner Hansel added that it may also need to clarify how many members can call a Special meeting if the Mayor refuses.  Section 66 Procedures and Ordinances - Commissioner Boyle asked for clarification of this section. Discussion continued about what types of business licenses the City does issue and what types of notification are needed. Finance Director Jorgensen explained that some notification requirements are defined by State Statute. The Commission would like the section to be clarified.  Section 82 Board of Health - Commissioner Hansel questions what the Board of Health does and if it is needed. Dave Christian explained how the Board of Health has been used. Commissioner Hansel questioned if the County has a board of Health that could provide the same service when needed. The Commission would like more research to be brought to a future meeting.  Section 87 Police Department - Commissioner Boyle questioned who should have the authority to appoint the Chief of Police, the City Manager or Council, and if it should be the same as the Fire Chief. The Commission would like a history of the section to aid in further discussion at a future meeting. Would like to confirm that this agree with the changes made to the Department heads in 2024 and does it agree with State Statute. Commission Markgraf found that State Statute dictates that the Commission should have the power to appoint the Chief of Police.  Section 101 Library Board - Commissioner Hansel questioned if the number of members could be reduced. Attorney Brown explained that State Statute allows for 5, 7, or 9 members on the Library Board. It was Page 2 of 3 Page 4 of 13  requested that input is gathered from the Library Board and the Mayor before making a change.  Section 180 - Commission was in favor of adding the heading "Public Nuissance " to the section. Commissioner Christian questioned if more power could be added to this issue in the Charter instead of only having it in the City Code.  Section 221(6) Duties of City Manager - There was a brief discussion about how the Public Utilities operate and what needs to be in the Charter. Commissioner Markgraf stated she was surprised that the Charter gives the City Manager authority over all PUC employees. Finance Director Jorgensen explained that staff would like more clarity in the Charter about who is a PUC Department head. The Commission would like the staff to work more with the PUC staff to make suggestions on this section and bring them to a future meeting. b) Schedule Next Meeting A doodle poll will be sent after the City Manager is back in the office and decides on a desired timeline. 4 ANNOUNCEMENTS 5 ADJOURNMENT William Swan made a motion to adjourn the meeting. The motion was duly seconded by Michelle Markgraf. The motion was approved by unanimous vote of all members present. Meeting adjorned at 6:24 p.m. Charter Commission Chair City Finance Director Page 3 of 3 Page 5 of 13 Section 28. Duties and Powers of the Mayor. The Mayor shall be the chief executive official of the City. The Mayor shall exercise all powers and perform all duties conferred on that office by this Charter, the ordinances of the City, and Minnesota Statutes. The Mayor shall have the power to veto all ordinances and resolutions enacted or adopted by the City Council as fully set forth in Section 71, and all motions passed by the Council involving the expenditure of public funds or the granting of licenses or permits; except that the Mayor’s veto power shall not apply to motions approving or ratifying payments already made in accordance with the provisions of this Charter. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor of the State for the purpose of a declaration of martial law. The Mayor shall study the operation of the City Government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any official or department of the City. The Mayor shall be an ex officio member of the City Council and shall have the same rights and privileges accorded the members of the Council except those of making motions, seconding motions, offering resolutions, seconding resolutions, or voting thereon. Page 6 of 13 Section 60. Special Meetings. Special meetings, including emergency meetings, may be held at any time upon call of the Mayor, or at the request of any three Councilors members acting through the Mayor, and if for any reason the Mayor refuses to act upon such request, then upon the call of the Councilors members themselves. Notice of special meetings and emergency meetings shall be given in accordance with the requirements of Minnesota Page 7 of 13 Section 66. Procedure on Ordinances. The enacting clause of all ordinances passed by the Council shall be in the words: "Be it Ordained by the City Council of the City of New Ulm". Every ordinance shall be presented in writing. Every ordinance, other than emergency ordinances, shall be considered by the City Council at two meetings, and not voted on until the second meeting. At least three days shall elapse between the first and second consideration of the ordinance. The ordinance shall be posted on the City’s web site at least ten days before the City Council meeting at which the ordinance is scheduled for a final vote. If the City does not have an electronic notification system, notice of the proposed ordinance must be posted in the same location as other public notices are posted at least ten days before the City Council meeting at which the ordinance is scheduled for a final vote. If the City has an electronic notification system, it must notify a person of the notification procedure at the time the person applies for a new business license from the city or renewal thereof, and must notify any person that has signed up for e-mail electronic notification of proposed ordinances at least ten days before the City Council meeting at which the proposed ordinance is scheduled for a final vote. Page 8 of 13 Section 87. Police Department. The Police Department of the City shall consist of a Chief of Police and other police officers in such numbers as the City Council may from time to time determine. The City Manager shall have the power to appoint the Chief of Police and other police officers with the participation of the Police Commission as provided in Section 88, and to remove them as appropriate, in accordance with contractual and other legal requirements; provided, however, that removal shall be subject to confirmation by a majority vote of the Police Commission. Disciplinary action other than removal shall be determined and implemented by the Chief of Police and/or City Manager. The Chief of Police shall be in immediate control and supervision of all of the police officers and shall be responsible for the faithful performance of their duties. Page 9 of 13 Section 88. Police Commission. The Police Commission shall consist of three members, one of whom shall be elected Chair. The Commission members shall be appointed by the Mayor, subject to approval by the City Council, and shall serve without compensation for a three-year term. A member may serve two consecutive full terms, but then must be retired. After one year or more has passed since the end of a person’s last term, the person may be reappointed for one additional term. The Police Commission shall conduct interviews of applicants for police officer positions and promotions, including the Chief of Police, and shall compile a roster of recommended candidates for use by the City Manager in making appointments to such positions. The Commission shall confirm or deny a proposed removal by the City Manager of police officers other than the Chief of Police. The Commission shall exercise no other control over the Police Department or its employees. Any complaint made to the City Manager or Chief of Police relative to misconduct of a police officer shall be filed with the Commission for its consideration before considering appointments and promotions. The Commission shall act as an advisory body and shall meet with the Chief of Police and City Manager at the call of the Chair or the City Manager. Page 10 of 13 Section 101. Library Board. The City Council shall maintain a public library for the use of the general public and may levy an annual tax for such purpose. In addition thereto or in lieu thereof, the City Council may participate in a regional public library system or regional library district established pursuant to Minnesota Statutes Chapter 134, including amendments thereto. The Library Board shall have the powers and duties hereinafter specified and shall be comprised of nine seven residents of the City, not more than one of whom may be a member of the City Council, each appointed by the Mayor for a three-year term, subject to approval by the City Council. A member may serve two consecutive full terms, but then must be retired. After one year or more has passed since the end of a person’s last term, the person may be reappointed for one additional term. Page 11 of 13 Section 180. Public Nuisances. The City Council may establish by ordinance the identification of public nuisances and procedures to abate the public nuisances, including the responsibility of property owners or occupants of property to remove weeds, rubbish, and other conditions determined to be blight or public health or safety hazards, to trim and care for trees and the removal of unsound trees on their property, or to perform other abatements addressing public nuisances. If a property owner or occupant or other person as designated by the ordinance fails to comply with the provisions of the ordinance, the City may provide for the work to be performed, and the costs of doing so shall be a charge owed to the City by the responsible person. In all cases where the charges for work performed have not been paid to the City by the responsible person, the City Council shall, once in each year, assess and levy the cost of performing such work upon the lots and parcels of land upon which the work was performed and which were affected by the work, and shall collect such assessments, all in the manner provided for by the provisions of this Charter, the ordinances of the City, or otherwise by state law for the making and collection of special assessments. All such assessments may be combined in one assessment proceeding. Page 12 of 13 Section 221. Duties of City Manager. The City Manager shall have the following powers and duties: … (6) To appoint and remove all employees of the Public Utilities except as otherwise specifically provided in this Charter. Appointment and removal of department head positions the Utility Director shall be subject to the approval of the Public Utilities Commission. Appointment of all employees shall be on the basis of merit and fitness and shall be without definite term. Page 13 of 13