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CHM 03/22/2004 - 00027118CITY OF FRIDLEY CHARTER COMMISSION MEETING March 22, 2004 CALL TO ORDER Chairperson Findell called the Charter Commission meeting to order at 7:03 p.m. ROLL CALL Members Present: Don Findell, Char Fitzpatrick, Daniel Garcia, Anita Gerrety, Craig Gordon, Janet Johnson, Nancy Jorgenson; Kathleen Linder and Francis Van Dan Members Absent: Peter Borman, Harry Heck, Bill Holm, Deborah Monden, and Cindy Soule Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Gordon MOVED and Commissioner Garcia seconded a motion approving the agenda. Commissioner Gordon requested the agenda be amended to include Item 2.b. elections. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE AGENDA WAS APPROVED AS AMENDED. APPROVAL OF APRIL 29. 2003 CHARTER COMMISSION MINUTES Commission Gordon MOVED and Commissioner Jorgenson seconded a motion approving the April 29, 2003 Charter Commission minutes. Commissioner Gordon said that on page 2 under Report of Nominations Committee Commissioner Heck MOVED and Commissioner Borman seconded the motion to accept the Nomination Committee's Report. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MINUTES WERE APPROVED AS AMENDED. ADMINISTRATIVE MATTERS A. Vacancy Ms. Skogen said that there is one vacancy and the city continues to advertise on cable and in the newsletter. It was suggested the Chair contact Carol Hoiby to see if she might be interested. Adopted 05 -24 -04 CHARTER COMMISSION MEETING OF MARCH 22, 2004 PAGE 2 B. Election for Officers Motion by Commissioner Gordon, second by Commissioner Jorgenson to place the election on the April agenda due to the lack of receipt of the nominations being late. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. C. Commissioner Survey Ms. Skogen was asked to check with the City Manager to find out what time on May 17th he would be meeting with the Charter Commission, and other Commissioners, about the results of the commissioner survey. Ms. Skogen said she would check with Mr. Burns and notify the Commissioners of the time. DISCUSSION OF MISSION STATEMENT Commissioner Van Dan felt it was an important issue but had not prepared anything for the meeting. Commissioner Van Dan felt that she was in an adversarial role, and believed signatures for a petition for a referendum should be for eligible voters, not just registered voters, because they would not want to disenfranchise any voters. Commissioner Van Dan noted the Charter Commission was the only Commission separate and independent from the City Council because the members are appointed by the Court and they should have a purpose. She said they needed a mission statement delineating exactly what the job was, what direction the Commission should be taking, and what their authority was. Commissioner Gordon recommended leaving the item on the agenda as an item for discussion to allow Commissioner Van Dan an opportunity to provide a written draft to the Commission. DISCUSSION OF CHARTER AMENDMENT Ms. Skogen told the Commission she had not published the public hearing notice due to all of the changes in the department and leaves. She reviewed the new timeline with the Commissioners: Date Action March 1 Charter Commission Recommends Sending Amendment to City Council March 23 Clerk sends Notice of Public Hearing and amendment to Sun Focus (and web site) for publication April 1 and 8 Hearing Notice with proposed Amendment published in Sun Focus (two week published notice required) April 12 Public Hearing on Ordinance for Proposed Amendment April 26 First Reading of Ordinance on Proposed Amendment (unanimous vote required) May 24 Second Reading of Ordinance on Proposed Amendment (unanimous vote required) Ordinance becomes effective 90 days after adoption and publication (if published 6/3 it becomes effective 9/1) May 25 Clerk sends ordinance to Focus (and web site) for publication June 3 Publication in focus of ordinance adopted Aug 1 Under MN Stat 410.12, Subd. 7, Deadline for referendum petition to be submitted and certified to send to November Election (2% signatures of registered voters of the total votes cast in 2002 General Election. 12,512 x.02 = 251 signatures required) Adopted 05 -24 -04 CHARTER COMMISSION MEETING OF MARCH 22, 2004 PAGE 3 Aug 11 City clerk must certify whether petition is sufficient or insufficient and notify circulators of petition Sep 1 Ordinance becomes effective (90 days) Sep 13 Last day to adopt a resolution declaring a municipal election for November Sep 14 Last day to submit written notice to Anoka County of November municipal election if City Council decides to send an increase to the voters Commissioner Jorgenson felt uncomfortable taking the process through the amendment because of the electoral process and Commissioner Fitzpatrick agreed. She also felt that few people would know about the amendment in this process. Ms. Skogen said that there will be an article in the Newsletter notifying residents of the amendment. Commissioner Gordon said Mayor Lund approached him to find out why he voted in opposition to the amendment. Commissioner Jorgenson said that the Mayor and Councilmember at Large were up for re- election and would have to take a stand on the issue before the filings for office were open. She felt the Commission was putting the council in a difficult position with this amendment. Commissioner Jorgenson said the Council could either pass it unanimously or send it back to the Commission. She wondered if there would be enough time to prepare an amendment to place on the ballot for the general election in November. Ms. Skogen said Duke Addicks Special Counsel at the League of Minnesota Cities said the Commission could prepare an amendment, similar to that of proposing a charter, and send it to the City Council to place on the ballot at the next general election. She said there was a state deadline of August 10, 2004 to place charter amendments on the ballot if it were done this way. She also noted that a letter from the Charter Commission attorney was received via fax at 5:00 that afternoon for their review and that it would be part of the materials forwarded to the City Council. For those not attending the meeting, the letter will be placed in their packets for the next meeting. Commissioner Jorgenson said, if for some reason there was not a unanimous vote on April 26tH it would not give the Charter Commission much time to work on an amendment to place on the ballot for November. Commissioner Gordon felt from what he had heard the ordinance would be adopted unanimously and did not think the Commission would have to find another alternative. Commissioner Fitzpatrick said the attendance at the public forum was low showing little community interest. Ms. Skogen said there were no phone calls or letters in response to the program either. Commissioner Findell said there was an interesting article in the Star Tribune showing what cities were charging for utility fees. He noticed that some cities provide electric services and that Adopted 05 -24 -04 CHARTER COMMISSION MEETING OF MARCH 22, 2004 PAGE 4 part of utility fees in the charter could have included electric services if the city provided it. He said by excluding water, storm water and sanitary sewer, those types of utility fees would be excluded, but other types of utility fees would remain in. After further discussion, as a worst case scenario, it was determined staff would prepare an amendment for the Charter Commission to direct the City Council forward to the electorate in case it was needed because the City Council did not adopt the ordinance. Ms. Skogen said staff could prepare something for the Commission to review in April and May, based on what action the City Council takes on the ordinance amendment. DISCUSSION OF REVERSE REFERENDUM Ms. Skogen said she included information from 2003 on what a reverse referendum would do and how it would affect the city. She said at the present time, to her knowledge there was no legislation moving forward at this time, but would inform the Commission if there was a change. DISCUSSION OF WORKING GLOSSARY Chairperson Findell asked if there were any other terms the members would like to put in the glossary. There were no other terms. ADJOURNMENT Commissioner Jorgenson MOVED and Commissioner Gordon seconded a motion to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 8:15 P.M. Respectfully Submitted Debra A. Skogen, C Clerk Deborah Monden, Secretary Adopted 05 -24 -04