City Council SPECIAL

AGENDA City Council Special Meeting 4:30 PM - Monday, August 4, 2025 City Hall Council Chambers Page 1. SPECIAL MEETING NOTICE 1.1. Special Meeting Notice 08-04-2025 2 2. OLD BUSINESS 2.1. Second Consideration of Ordinance 2025-102 - 2025-108 Amending Home 3 - 18 Rule Charter Conduct second consideration of and adopt Ordinance No. 2025-102 amending City Charter Section 28. Duties and Powers of the Mayor. Conduct second consideration of and adopt Ordinance No. 2025-103 amending City Charter Section 60. Special Meetings. Conduct second consideration of and adopt Ordinance No. 2025-104 amending City Charter Section 66. Procedure on Ordinances. Conduct second consideration of and adopt Ordinance No. 2025-105 amending City Charter Section 87. Police Department and Section 88. Police Commission. Conduct second consideration of and adopt Ordinance No. 2025-106 amending City Charter Section 101. Library Board. Conduct second consideration of and adopt Ordinance No. 2025-107 amending City Charter Section 180. Public Nuisances. Conduct second consideration of and adopt Ordinance No. 2025-108 amending City Charter Section 221. (6) Duties of City Manager Staff Report City Council SPECIAL - 04 Aug 2025 - Pdf 3. ADJOURNMENT Page 1 of 18  xtu 44 OF` NEVitit 6 G ht t'' 1. :./%tr ' ;; Ci ofNew Ulm i+ f , pri , i gi it Office of the Finance Director i` G` 100 North Broadway New Ulm, Minnesota 56073 Telephone: ( 507) 359- 8259 Fax: ( 507) 359- 8219 4. 4 Web Site: www.newulmmn.gov a+ 411 "------- - SPECIAL MEETING NOTICE To The Honorable City Council and Finance Director Of The City of New Ulm, Minnesota You will please take notice that I, the undersigned, Mayor of said City of New Ulm, do hereby call a Special Meeting of the City Council of said City of New Ulm, to be held at the Council Chambers in the New Ulm City Hall in said City on Monday, the 4th day of August 2025, at 4: 30 p.m. of that day. The purpose of said meeting shall be to consider conducting the Second Consideration and adoption of Ordinances amending the City Charter. You will each take notice hereof and govern yourself accordingly. CA.4tLSLMayor, City of New Ulm Page 2 of 18 City of New Ulm Request for Council Action Meeting: City Council SPECIAL - 04 Aug 2025 Agenda Section: OLD BUSINESS Resolution: N/A Originating Department: Administration Ordinance: Yes Prepared By: Lisa Pelzel Attachments: 7 Presented By: Chris Dalton Item: Second Consideration of Ordinance 2025-102 - 2025-108 Amending Home Rule Charter Proposed Action: Conduct second consideration of and adopt Ordinance No. 2025-102 amending City Charter Section 28. Duties and Powers of the Mayor. Conduct second consideration of and adopt Ordinance No. 2025-103 amending City Charter Section 60. Special Meetings. Conduct second consideration of and adopt Ordinance No. 2025-104 amending City Charter Section 66. Procedure on Ordinances. Conduct second consideration of and adopt Ordinance No. 2025-105 amending City Charter Section 87. Police Department and Section 88. Police Commission. Conduct second consideration of and adopt Ordinance No. 2025-106 amending City Charter Section 101. Library Board. Conduct second consideration of and adopt Ordinance No. 2025-107 amending City Charter Section 180. Public Nuisances. Conduct second consideration of and adopt Ordinance No. 2025-108 amending City Charter Section 221. (6) Duties of City Manager Board/Commission Recommendation: The City Charter Commission recommends the amendments and revisions to the City Charter, as described in amended ordinances. Overview: The members of the Charter Commission were appointed by the District Court and have met on January 23, 2025 and March 11, 2025, to consider proposed amendments and changes to the New Ulm Home Rule Charter. On May 8, 2025, the Charter Commission voted to forward each of its proposed amendments to the Charter to the City Council. Minn. Stat. §410.12, Subd. 7, the City Charter to be amended by ordinance. The attached revisions are recommended for adoption. Page 3 of 18 Publication of Ordinance 2025-102 through 2025-108 should occur as soon after approval as possible. The new City Charter will go into effect 90 days after passage and publication. Within 60 days after passage and publication, a petition may be filed by at least 5% of the registered voters of the City requesting a referendum on the Ordinance. The Charter Commission has unanimously recommended the amendments as described in the amended ordinances. Primary Issues/Alternatives to Consider:  On July 15, 2025 a Public Hearing was conducted to hear and pass upon all objections whether presented orally or in writing to the proposed amendments to the New Ulm City Charter.  On August 4, 2025 all members of the City Council will need to be present in order to approve the ordinances. If less than 100% are present, the vote will be re-scheduled for a subsequent City Council meeting, which must be within one month of July 15, 2025. Budgetary/Fiscal Issues: N/A Attachments: Ordinance No 2025-102 Section 28 Duties and Powers of the Mayor Ord Amendment 07152025 Ordinance No 2025-103 Section 60 Special Meetings Ord Amendment 07152025 Ordinance No 2025-104 Section 66 Procedure on Ordinances Ord Amendment 07152025 Ordinance No 2025-105 Sec 87 Police Dept and Sec 88 Police Commission Ord Amendment 07152025 Ordinance No 2025-106 Section 101 Library Board Ord Amendment 07152025 Ordinance No 2025-107 Section 180 Public Nuisances Ord Amendment 07152025 Ordinance No 2025-108 Section 221 (6) Duties of City Manager Ord Amendment 07152025 Page 4 of 18  ORDINANCE NO. 2025-102 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 28 of the New Ulm Charter be amended to consolidate the Mayor’s veto powers in a single section of the Charter; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 28 – Duties and Powers of the Mayor, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Page 5 of 18 Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of _____, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 6 of 18  ORDINANCE NO. 2025-103 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 60 of the New Ulm Charter be amended to clarify that special meetings may be called by three Councilors as well as the Mayor; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 60, Special Meetings, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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 Statutes. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of ________, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Page 7 of 18 Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 8 of 18  ORDINANCE NO. 2025-104 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 66 of the New Ulm Charter be amended to clarify ordinance procedure for licenses; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 66 – Procedure on Ordinances, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Page 9 of 18 Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of _________, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 10 of 18  ORDINANCE NO. 2025-105 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Sections 87 and 88 of the New Ulm Charter be amended so that the Police Commission shall provide a recommendation to the City Manager; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 87 – Police Department and Section 88 – Police Commission, are hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. 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 Page 11 of 18  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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of May, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 12 of 18  ORDINANCE NO. 2025-106 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 101 of the New Ulm Charter be amended to change the size of the Library Board from 9 to 7 members; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 101 – Library Board, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Page 13 of 18 Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of ________, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 14 of 18  ORDINANCE NO. 2025-107 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 180 of the New Ulm Charter be amended to add the title “Public Nuisances” to this Section; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 180, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Page 15 of 18 Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of ________, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 16 of 18  ORDINANCE NO. 2025-108 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF NEW ULM WHEREAS, Pursuant to Minn. Stat. § 410.12, subd. 7, the Charter Commission for the City of New Ulm convened on May 8, 2025, and at such meeting recommended that the City Council of the City of New Ulm enact a charter amendment by ordinance pursuant to which Section 221 of the New Ulm Charter be amended to clarify appointment and removal of the Utility Director specifically by the City Manager; and WHEREAS, the Charter Commission voted at its May 8, 2025, meeting to forward all recommended amendments together to the City Council, and the City Council received the above-mentioned recommendation of the Charter Commission at the City Council’s June 17, 2025, regular meeting. NOW THEREFORE, THE CITY OF NEW ULM HEREBY ORDAINS: SECTION 1. That the City Charter for the City of New Ulm, Section 221, Duties of City Manager, is hereby amended as follows (new material is underlined; deleted material is lined out; sections and subsections which are not proposed to be amended are omitted): 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. SECTION 2. Pursuant to Minn. Stat. § 410.12, subd. 7, this ordinance shall be effective 90 days after its adoption and publication. Adopted by the City Council of the City of New Ulm, Minnesota, this ___ day of _______, 2025. ____________________________________ Andrea S. Boettger Council President ATTEST: __________________________________ Chris Dalton City Manager Page 17 of 18 Approved by the Mayor of the City of New Ulm this _____ day of ______________, 2025. ____________________________________ Kathleen L. Backer Mayor 2 Page 18 of 18