City Council Meeting Date: March 12, 2026
To: Charter Commissioners
From: CC Linstroth, Charter Commission Chair
Title
Discussion on Proposed Amendment to Charter Section 4.1.
Body
Action Requested:
The Charter Commission is asked to continue discussion on proposed amendments to Charter Section 4.1.
Summary Report:
The Charter Commission is asked to continue discussion on proposed amendments to Charter Section 4.1. The current wording of Section 4.1 is provided below and attached (attachment #1).
Section 4.1. - Council Meetings.
At its first meeting in January, the council shall meet at the usual place and time for the holding of council meetings. At this time any newly elected members of the council including the mayor shall, as the first order of business, be administered the oath of office and shall assume their duties. Thereafter, the council shall meet at such time as may be prescribed by resolution. Such a resolution shall remain in force until modified by the council. The mayor or any three members of the council may call special meetings of the council upon at least twelve hours notice to each member and such public notice as shall be prescribed by ordinance in compliance with the laws of Minnesota. Public notice of all meetings of the council and its committees shall be given as prescribed by ordinance, and any citizen shall have access to the minutes and records thereof at all reasonable times.
(Ord. No. 739, § 4.1, 11-6-2000; Ord. No. 781, 3-17-2003)
At the January 7, 2025 City Council meeting, a new Mayor, two new Council members, and one re-elected Council member were sworn into office. One Council member was absent from the meeting. As a result, only three continuing Council members were present at the start of the meeting (before the oath of office was to be administered).
Prior to the meeting, the agenda order was adjusted and the meeting was called to order, followed immediately by the administration of the oath of office. No additional actions were taken prior to the oath of office being administered and the newly elected officials officially assumed office.
Following the meeting, a concern was raised by a member of the public, David DeLong (now a newly appointed Charter Commissioner), regarding whether a quorum was present at the start of the meeting (attachment #4). In response, the City Administrator requested that the Charter Commission review the existing Charter language and consider amendments to prevent similar issues in the future. City Administrator Martig requested the City Attorney to draft an ordinance amendment to be able to share with the Charter Commission to consider, or not. The draft ordinance amendment to allow the oath of office to be administered prior to calling the meeting to order along with a memo from the City Attorney providing more context is attached (attachment #2).
The Charter Commission began its review and discussion of potential amendments at its July 10, 2025 meeting. In response to questions raised at that meeting, City Administrator Martig consulted with the City Attorney and other resources and compiled responses (attachment #3).
Steps in the Charter amendment process are detailed below. Due to the time it takes to complete the process, it is proposed that the Charter Commission vote on an amendment to send to the City Council at the May 14th meeting. This will then allow adequate time for completion of the process by the end of the year. The new process will then be in place prior to potential new Council Members taking office in January.
I have requested that David Assaf, Assistant City Attorney from Flaherty & Hood, join the meeting remotely to answer any questions from the Commissioners. City Administrator Ben Martig will also be in attendance to answer Commissioner’s questions.
Alternative Options:
N/A
Financial Impacts:
N/A
Tentative Timelines:
For reference for Charter Commission members, once adopted by the Charter Commission an amendment takes about five months to go into effect. Below are the following steps in the process.
1. Proposed ordinance approved by the Charter Commission and submitted to the City Council.
2. City Council receives the proposed ordinance and sets a date for a public hearing. The public hearing must be scheduled within one month of the City Council receiving the ordinance from the Charter Commission.
3. City publishes a notice of the public hearing.
4. Public hearing held at a regular or special City Council meeting. This must be at least two weeks after the publication but no more than 60 days after the publication.
5. City Council first reading of ordinance. This can be the same day as the public hearing. All members of the Council be in attendance and the vote must be unanimous.
6. City Council second reading of ordinance. All members of the Council be in attendance and the vote must be unanimous.
7. Ordinance becomes effective 90 days after the second reading is approved.