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CHM 03/18/2003 - 00027181CITY OF FRIDLEY CHARTER COMMISSION MEETING March 18, 2003 CALL TO ORDER: Chairperson Gordon called the Charter Commission meeting to order at 7:03 p.m. ROLL CALL: Members Present: Suzanne Alvite Warren, Don Findell, Char Fitzpatrick, Craig Gordon, Harry Heck, Nancy Jorgenson, Cindy Soule, and Dale Warren Members Absent: Anita Gerrety, Bill Holm, Janet Johnson, Deborah Monden, Francis Van Dan APPROVAL OF AGENDA: Commissioner Heck MOVED and Commissioner D. Warren seconded a motion to approve the agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF THE FEBRUARY 18, 2003, CHARTER COMMISSION MINUTES: Commissioner Jorgenson MOVED and Commissioner D. Warren seconded a motion to approve the February 18, 2003, Charter Commission Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Election of Officers Chairperson Gordon reported the names recommended by the Nominating Commission and ask if there were any further nominations. There were no further nominations. Commissioner Heck MOVED and Commissioner Soule seconded a motion to elect Don Findell as Chair, Nancy Jorgenson as Vice Chair and Deborah Monden as Secretary as recommended by the Nominating Committee. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPESON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. Newly elected Chairman Findell referred the meeting back to former Chairperson Gordon to complete the meeting. B. Vacancies Adopted 4 -29 -2003 CHARTER COMMISSION MEETING OF MARCH 13, 2003 PAGE 2 The Commissioners discussed the two vacancies that existed. They agreed to recommend Carol Hoiby for appointment to the Charter Commission if she sent a letter or application expressing her interest. The Commissioners requested that Commissioner Jorgenson notify Brian Strand to provide information on Cable TV, including the correct dates of the meeting dates due to the changes that were made. Chairperson Gordon noted that Deb Skogen had found the letter he had mailed out to organizations the previous year looking for volunteers for Chairperson Findell if he wanted to use it. Commissioner Findell expressed an interest in surveying the members to see what piqued their interest in joining the Commission. Commissioner Jorgenson replied that in her previous role on the city council, she had talked to a lot of the Commissioners about the Commission. 2. DISCUSSION OF CHARTER AMENDMENT — CHAPTER 7 Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to approve the Charter Amendment as proposed. Commissioner Jorgenson stated Finance Director Rick Pribyl had addressed the Commission twice regarding the proposal. Chairperson Gordon said the language helped to clarify the Charter and to make it more consistent with the MN State Statutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Heck MOVED and Commissioner D. Warren that the proposed amendment to City Charter Chapter 7.15.2 be forwarded to the city council Commissioner Soule wondered if there were any other sections that needed to be forwarded. Commissioner Jorgenson said they had asked staff to do a cross check of the charter to see if there were any other portions of the Charter that needed to be changed in relation to this change in Chapter 7. Chairperson Gordon said staff would prepare the amendment to an ordinance to send to the City Council for their action. Commissioner Fitzpatrick wondered when the amendment could be sent to the City Council. Commissioner Jorgenson felt the earliest would be April 14"'. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. DISCUSSION OF MISSION STATEMENT Chairperson Gordon stated Commissioner Van Dan was unable to attend but was planning on drafting a mission statement and tabled this portion of the agenda. 4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION Chairperson Gordon asked for any items the Commissioners would like to address in the future. Commissioner Heck asked if the Charter Commission was supposed to address Instant Run -Off Voting due to the presentation made last meeting. Adopted 4 -29 -2003 CHARTER COMMISSION MEETING OF MARCH 13, 2003 PAGE 3 Commissioner Jorgenson said Mr. Solgard only made a presentation to the Charter Commissioners for their information. Commissioner Jorgenson wondered what might happen with the budget deficit and the proposed loss of revenue to the cities. In addition, she was concerned about the possible state adoption of a reverse referendum which would allow the citizens to hold an election to reverse the levy the city would need after the city council adopted a budget She wondered if that would have any impact on the Charter Commission. Commissioner Jorgenson said the state law would supercede the charter, unless there was a provision in the law to not include Home Rule Charter Cities. Currently our charter does not allow a petition to change the budget or the levy. The Charter can only allow citizens to change an ordinance. 5. DISCUSSION OF GLOSSARY /INDEX Chairperson Gordon said this item was placed at the end of the meeting for discussion. Commissioner Soule wondered about the words that had no definitions. Chairperson Gordon said the words were added to the glossary for discussion purposes, so the Commission would not forget to address and define. Commissioner Heck felt there was a momentum going by having members address certain sections of the Charter and wondered if they should continue that way. Chairperson Gordon said they were far from providing a draft, that this was a project that they could work on when there was no other business. Chairperson Gordon said there had been no decision as to whether or not the glossary should be added the Charter or not. He said the Charter Commission Attorney opined that they could have a glossary. However, he did note that there were Commissioners that had strong opinions on one side or the other. Chairperson Gordon said that terms would be added that would not change the intent of the Charter or were too ambiguous. They would want terms that were easy to understand. Commissioner Jorgenson said there were two different definitions for eminent domain, one that was defined by state statute and another that was created because people felt important to have the "just compensation" terminology included. Commissioner Jorgenson suggested looking at chapter 7 because of the amendment. Commissioner Findell was concerned because they had voted to send the amendment to the council and felt if someone was opposed, they would have voted against the amendment. Commissioner Jorgenson said they could vote to reconsider the amendment if there was consensus to review Chapter 7 for additional terminology. Commissioner D. Warren MOVED and Commissioner Jorgenson seconded a motion to reconsider sending the amendment to the council at this time to review Chapter 7 further to see if there is other terminology to define. Commissioner Jorgenson felt the Commission should wait until after the legislative session in case there were other changes needed regarding Chapter 7. She said it was expensive to publish the amendment and preferred to wait in case other changes were needed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. Adopted 4 -29 -2003 CHARTER COMMISSION MEETING OF MARCH 13, 2003 PAGE 4 Commissioner Soule requested the agenda for the neat meeting to include Sections 7.16, 7.17 and 7.18. It was recommended that the Commissioners bring their Charter books to the next meeting. Chairperson Gordon thanked all of the Commissioners for their support during his tenure. The Commissioners thanked Chairperson Gordon in return for all of his hard work and dedication. ADJOURNMENT: Commissioner Findell MOVED and Commissioner Heck seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:55 P.M. Respectfully submitted, " Debra A. Skogen, City Clerk/Staff Liaison Deborah Monden, Secretary Adopted 4 -29 -2003