The Charter Commission has recommended certain amendments to the Charter of the city of Chatfield. A public hearing was held regarding the commission’s proposal at the May 26 city council meeting held via WebEx.
The Charter Commission is an independent/separate body made up of 15 Chatfield citizens. When the commission makes a recommendation to the city council to amend the city’s charter, it starts a process. The city council has 30 days to have an up or down vote on an ordinance detailing the recommended amendments. This public hearing is the first step.
The amendment that drove the discussion is the recommendation to have a “city administrator.” This would not be another employee for the city, but a different title and job description for the current city clerk position. The city administrator would serve in an advisory and consulting capacity to the Mayor and the city council. The appointed person would oversee and coordinate administrative functions and operations. This person would oversee matters of employment.
City Clerk Joel Young read an email received from Lyman Grieve who stated opposition to the amendments. He argued it gives elected officials less authority.
Mayor Russ Smith said the ultimate authority will remain with the city council for setting the levy and hiring and firing of employees. The pay increase for a city administrator over a city clerk would be negligible, about a half of a percent to a one percent increase. The job description better identifies the responsibilities of an administrator.
Councilor Paul Novotny reported he had received comments from many citizens. Some asked if the process could be delayed until in person meetings can be held. Once the recommendation is made, it starts the 30 day clock. Some asked if the amendments should be considered by referendum, rather than by ordinance.
City Attorney Fred Suhler said amending the charter by ordinance is a common method. There are different ways to amend the charter including a referendum. The state statute is explicit on deadlines.
Councilor Mike Urban said he had heard from more people on this proposal than he had when a similar proposal was made some time ago. He was troubled that people were not notified as to how to dial in to give their comments.
Novotny explained that there would be efficiencies with the responsibilities listed for a city administrator. Day to day things get taken care of by people who work for the city. Now the process requires some of these day to day things to circle through committee and the city council. Novotny maintained that people are wrong if they think the city council is involved in the day to day functions of the city. Smith added if a proposed purchase has been approved as part of the budget, the administrator could just go ahead and order what has already been approved when the budget was approved.
Smith explained the Charter Commission has made a proposal to efficiently organize for the future. Kay Coe said, “The proposal will serve us well in the future.”
The next step is for the city council to vote on the first consideration of the ordinance/amendments on June 8 and to vote on the second consideration on June 22. The second consideration of the ordinance must be unanimous or it fails.
Alley right of way
A resident asked the city to vacate an undeveloped alley right of way (20 foot wide) behind his home between Winona St. and Grand St., south of Seventh St., late last fall. He complained that a neighbor has driven across the grassy area and left ruts. The alley is platted, but has never been developed.
Letters were sent out to neighbors to get their opinions and they are split on the issue. Novotny and Urban are members of the Public Works Committee and agree the alley should not be vacated, as there may be a future use by the city. However, they disagree on use of the alley by the neighbors. The alley surface is grass and the property is owned by each property owner along it; it is part of their backyard and each of them maintain their portion.
Urban believes neighbors can use the alley as they see fit. If one of them damages the alley, the city will trespass that individual from using the alley and require that person to pay for the repair. Novotny believes each property owner can only use one’s own portion of the alley. No one can drive through the alley without the permission of any neighbor’s portion that one drives through.
Suhler says the city has the right to forbid property owners from using the alley surface as a public roadway. He added, “anybody can use it if the city makes it a public right of way. Just because the property owners own the land, they can’t control the use. If the city put up a sign, road closed, no one could use it.”
Novotny feels the neighbors should work it out. “The land is technicalley owned by the adjoining property owners, not by the city. When an alley is unimproved, individuals should ask their neighbors if they could drive across what is part of their backyard. You don’t have the right to drive across another person’s property to get to yours.”
Young said people need to know what is expected of them and what their rights are. Novotny insisted people should have to ask to drive across, and Urban maintained he didn’t think one should be able to dictate the use by others. Mayor Smith said people can walk on it but it has not been improved to be used as a driving surface. When one damages it, the individual is damaging another’s property. If someone ruts it up, they should fix it.
No motion was made to vacate the alley. Suhler said if it can be resolved among the neighbors, the city does not need to be involved.
Swimming pool
When the pool will open is still up in the air. The city still intends to open when they can and they know there will be limited occupancy. They are waiting for the governor’s phase 3 reopening announcement. Ryan Priebe warned that when it opens it will be a lot different than before. Right now there are no guidelines from the state. A pool opening policy was discussed including a rule that the pool will only be open to Chatfield residents.
Other business in brief
• Approval was given to expand the PawPrint Brewery Liquor License to include the outside patio area.
• A funding request for Community Education submitted by LuAnn Klevan for $2,000 to continue support of the Summer Rec and Enrichment Program was approved.
• The purchase of 10 picnic tables was approved as budgeted for this year.
• The purchase of two new hose nozzles from Fire Safety for the amount of $1,500 was approved. It was announced that there are four openings for new fire fighters.
• Approval was given to use city park space for American Flag subscriptions purchased by residents living outside of the Chatfield city limits, part of the fundraising event of Boys Scouts Troop 43.
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