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CHA 01/24/2005 2005Charter Commission Membership 0,4c0"` Name/Address Phone e-mail address Appointed Term Expires Borman,Peter (h)763-571-4479 Peter.borman(a,gwest. 12-03-03 11-24-07 kikel 120 River Edge Way coin 55432 Braam,Gary (h)763-571-9582 06-01-04 05-31-08 1436 66th Avenue 55432 l • Findell,Donald (h)763-571-0467 donfmder @aol.com 6-16-97(v) 5-11-01 11A)"'"' 6850 Siverts Lane (w)Fax 763-571- 2-21-01 (1) 5-1-05 0 55432 7386 ��,,) Char Fitzpatrick (h)572-9615 imchocann@aol.com 5-7-02(v) 2-21-05 llJ,�"' i n. 5273 Horizon Drive NE , !' ' 55421 12-03-03 11-24-07 Gerrety,Anita (h)571-5586 anitaandtome@msn.co 4-22-02(1) 4-22-06 602 Woodside Court (w)952-942-9110 m 55432 Gordon,Craig (h)574-9807 2-8-99(v) 5-11-01 PO Box 32622 (w)571-4959 2-21-01 (1) 5-1-05 . • 55432 • Heck,Scott"Harry" (h)572-0677 scotandlori(uimsn.com 2-21-01 (1) 2-21-05 72 6032 2 1/2 Street NE (w) - 55432 Holm,William (h)784-7052 holm(a,goldengate.co 4-26-96(v) 5-24-99 7424 Melody Drive NE (w) m 4-9-99(1) 5-24-03 55432 5-23-03 5-24-07 Johnson,Janet (h)571-8359 jjohnson @mediation.s 4-22-02(1) 4-22-06 ' 1579 Briardale Road (w)651-649-5426 tate.mn.us 55432 Jorgenson,Nancy (h)571-1648 njjorgenson48 @msn.c 2-21-01 (1) 2-21-05 7�' 1~ 5730 Polk Street NE (w) om 1- 55432 Kathleen Linder (h)572-9348 02-19-04 02-13-08 14119-1 728 58th Avenue NE 55432 Monden,Deborah (h)783.3575 DWmonden(a,netscape 4-9-99(v) 1-24-03 211 79th Way NE,#2 (w) .net 3-26-03 (1) 3-24-07 55432 Soule,Cynthia (h)572-9666 csoule @elcabop.org 6-16-97(v) 5-11-01 7838 Firwood Way (w)612-752-4101 2-21-01 (1) 5-1-05 • b 55432 Van Dan,Francis (h)571-3177 bimipula@juno.com 5-5-95(v) 5-11-97 6342 Baker Avenue NE (w) 97?(1) 5-11-01 Q 432 2-21-01 (2) 5-1-05 filljr , 6) °./h / -7\ % Nw Y .' '' / r ` CITY OF FRIDLEY CHARTER COMMISSION . AGENDA MONDAY, JANUARY 24, 2005 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES November 22,2004 3. Administrative Matters A. Membership—Application of Pam Reynolds B. Annual Report C. Appointment of Nominating Committee 4. Discussion of Mission Statement 5. Discussion of Glossary/Index—Chapters 3 and 4 6. Discussion of an Elections Absentee Ballot Board 7. Discussion of Future Items Adjournment Next regular meeting: Monday, February 28, 2005, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING NOVEMBER 22,2004 CALL TO ORDER: Chairperson Findell called the Charter Commission meeting to order at7:10 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam,Don Findell,Anita Gerrety,Craig Gordon,Kathleen Linder, and Francis Van Dan Members Absent: Char Fitzpatrick,Harry Heck,Bill Holm,Janet Johnson,Nancy Jorgenson,Deborah Monden and Cindy Soule Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: MOTION by Commissioner Gordon seconded by Commissioner Braam to approve the agenda. Commissioner Van Dan requested to be placed on the agenda. Chairperson Findell placed Commissioner Van Dan under Discussion of future items as 6A. ■•• UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE AGENDA WAS APPROVED AS AMENDED. APPROVAL OF SEPTEMBER 27 AND OCTOBER 24,2004 CHARTER COMMISSION MINUTES: MOTION by Commissioner Gordon seconded by Commissioner Borman to approve the September 27 and October 24,2004,Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Ms. Skogen stated that there was one opening due to the resignation of Commssioner Garcia. The resignation was necessary due to Mr.Garcia moving out of the City of Fridley,which made him ineligible to serve on the Commission. The opening is posted on the web and on cable. Also discussed was Commissioner Johnson's inability b attend any meeting until next fall due to her work commitments. The Commissioners felt as long as it was excused it was okay. Commissioner Gerrity said that Commissioner Johnson would understand if there was someone that was eager to join the commission if the Commission were to request she resign due to her lack of ability to attend. Ms. Skogen stated that Commissioner Monden had not attended any meetings in the past year and had not called to say she would not be at any of the meetings. ChairpersonFindell will contact Commissioner Monden to see what her intentions are and get back to Ms. Skogen prior to the January meeting so inform the rest of the Commission. Draft CHARTER COMMISSION MEETING OF NOVEMBER 22,2004 PAGE 2 n B. 2005 Calendar Ms. Skogen handed out the 2005 City Council Calendar so the Commissionerscould determine their meeting dates for 2005. The past practice has been to meet on the 4th Monday of the months they meet. Commissioner Gordon MOVED and Commissioner Borman seconded a motion to hold the 2005 Charter Commission meetings on the 4th Monday of January,February,March,April,May,September,October and November. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION UNANIMOUS AND THE CALANDER WAS APPROVED. 2. DISCUSSION OF MISSION STATEMENT Commissioner Van Dan said she did not have anything prepared for this evening,but recommended that everyone come prepared to discuss this issue at the next meeting. 3. DISCUSSION OF GLOSSARY/INDEX Commissioner Van Dan addressed the Commission to let them know she did not care aluut what the City Attorney thought about changes to the glossary or index and that the Commission was not there to support the City Council but to be an oversight for the Council to defend individual rights. Commissioner Van Dan stated they were a sovereign,independent Commission all appointed by the Chief Judge of the District Court. Commissioner Van Dan felt the city council had try to impose a phony sales tax that they did not have authority to do and that after the voters adopted a new amendment to the Charter,the outgoing mayor worked with a group to water down the amendment. Chairperson Findell said that the committee was necessary because they had to work to find something that was acceptable to the bonding authorities and that it was necessary b re-write the amendment. Commissioner Van Dan felt that some members of the Charter Commission had met outside of the Commission to prepare an amendment that was what the City Manager had wanted. She said she had been on the Commission for a long time and felt that the Commission was doing business differently and started talking about a problem with her neighbor. Commissioner Findell asked how it was germane to the discussion of the glossary and requested clarification. Commissioner Van Dan stated the Commission had to be a watch dog and the Charter has to protect the individual citizen's rights. Chairperson Findell said that the Charter provides for a representative government to make decisions. He felt about 90%of the citizens approved with representative government and did not want to make the little decisions,like the cost of utility fees. There was further discussion and Commissioner Van Dan was ruled out of order. Chairperson Findell asked if there were further comments on the glossary/ind;x and whether anyone had found any words to define in chapters 1 and 2. Commissioner Gordon suggested mayor pro tern be defined(Section 2.03. There was a discussion about who would replace the mayor on a temporary basis or if there was a vacancy. Currently the mayor pro tern would replace the mayor on a temporary basis and the councilmember at large would replace the mayor if there were a vacancy. Commissioner Gordon also suggested defming"enumeration"found in Section 1.02. Chairperson Findell suggested the Commissioners review Chapters 3 and 4 for the January meeting. Draft CHARTER COMMISSION MEETING OF NOVEMBER 22,2004 PAGE 3 4. ITEMS FOR FUTURE DISCUSSION Ms. Skogen suggested discussing the need for an absentee ballot board due to the increase in the number of absentee ballots. She will prepare information for the Commission for the January meeting. Commissioner Van Dan said she had no further comments at this time. ADJOURNMENT: MOTION by Commissioner Gordon seconded by Commissioner Braam to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:10 P.M. Respectfully submitted, Debra A. Skogen, Anita Gerrety,Secretary City Clerk/Staff Liaison Draft Collins, Roberta �rom: preynolds2 @mn.rr.com ant: Friday, November 19, 2004 8:36 PM fo: Info Subject: *Commission Application * [Results Generated using GoldenGate's Form Parser] Name : Pam Reynolds Address : 1241 Norton Ave NE HomePhone : 763-571-8453 TimeResident : 5 years Employer : Honeywell, Inc. EmployerAddress : Douglas Drive WorkPhone : 763-954-8453 mailfrom preynolds2 @mn.rr.com Travel : no CharterCommission : Interested HRACommission : Interested PlanningCommission : Interested AppealsCommission : Interested EnvironmentalCommission : Interested ParksCommission : Interested Comments : representation skills negotiation skills conflict resolution skills people oriented /mammon sense research Enviroment Variables Remote Host : cpe-65-30-228-201.mn.rr.com Remote Address : 65.30.228.201 User Browser : Mozilla/4.0 (compatible; MSIE 6.0; Windows 98; Win 9x 4. 90; .NET CLR 1.1.4322) Referrer : http://www.ci.fridley.mn.us/citygovt/citycommissions.htm 1 CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 December 10,2004 Honorable Joseph Quinn,Chief Judge Tenth Judicial District Anoka County Courthouse 325 East Main Street Anoka,MN 55303-2489 Re: ANNUAL REPORT OF THE FRIDLEY CHARTER COMMISSION FOR 2004 Honorable Judge Joseph Quinn, In accordance with Minnesota Statutes 410.05, Subdivision 2,I am submitting this report of the activities of the Fridley Charter Commission during the calendar year 2004. The Fridley Charter Commission met eight times during 2004. They began the year with 13 members and had two vacancies filled during the year. In October of this year,Commissioner Daniel Garcia submitted his resignation as he was no longer a resident of the City of Fridley and we currently have 14 members. The current members to the Fridley Charter Commission are: Gary Braam William B.Holm Peter Borman Janet Johnson Donald Findell(Chairperson) Nancy Jorgenson Charlotte Fitzpatrick Kathleen Linder Craig Gordon Deborah Monden Anita Gerrety Cynthia J. Soule Harry Heck Francis Van Dan The Charter Commission spent a considerable amount of time in 2003 and 2004 discussing and recommending an amendment by ordinance to Chapter 7 of the Fridley City Charter to remove utility and recycling fees from fees defined whereby increases could not be raised by the rate of inflation or 5%,whichever is lower. This amendment to the Charter was made in 2001 as a result of an election due to a referendum petition in 2000. This amendment was deemed necessary due to cuts to local government aid and to allow the city to charge residents for the pass through costs from other agencies that may be greater than the rate of inflation or 5%. A public hearing was held on February 10th to take public comment. In March,the Charter Commission recommended the amendment by ordinance to Chapter 7 to the City Council. The City Council adopted the ordinance unanimously and the charter amendment would have become effective;however,a referendum committee submitted a petition placing the question on the November General Election Ballot. The amendment by ordinance was not adopted at the election and the ordinance did not become effective. n Judge Joseph Quinn Page 2 December 10,2004 The Charter Commission is now reviewing the charter chapter by chapter to identify terminology they do not understand to provide definitions to be included in a working glossary or index to the charter. I am enclosing copies of the minutes of the meetings held in 2004 for your information and records. Sincerely, CITY OF FF• D LEY '' If Debra A. Skogen/ City Clerk Enclosures Cc: Fridley Charter Commissioners Fridley City Council William W.Bums,Fridley City Manager Elizabeth Moore,Fridley Charter Commission Attorney Working Glossary Charter An instrument in writing creating and defining the franchises of a city, education institution or corporation. Or A document defining, describing the powers the freeholders grant their government. Defining and regulating relations between government and the governed, the rights and powers of the principles. Charter Commission Discretionary Funds Eminent Domain The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following just compensation to the owner of that property Or The power to take private property for public use by a state, /"N municipality, or private person or corporation authorized to exercise functions of public character, following the payment of compensation to the owner of that property Enumeration Informality Initiative An action by the voters to petition the city council to enact a new ordinance or to repeal an existing ordinance. Mayor pro tem Non-discretionary Funds Recall An action by the voters to remove an elected municipal official from office. Such action begins by petitioning the City Council alleging malfeasance or nonfeasance in office. Referendum An action by the voters to petition the city council to stop an ordinance from becoming effective, thereby allowing the city council to reconsider and repeal the ordinance or submit it to the voters at the next regular election. Sinking Fund or Money set aside in a special account for the purpose of redeeming or "debt reserve fund" retiring bonds. Suspense Fund (3)the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;and (4)the voter has not already voted at that election,either in person or by absentee ballot. The return envelope from accepted ballots must be preserved and returned to the county auditor. If all or a majority of the election judges examining return envelopes find that an absent voter has failed to meet one of the requirements prescribed in clauses(1)to(4),they shall mark the return envelope"Rejected,"initial or sign it below the word"Rejected,"and return it to the county auditor. Subd.3. Notation on polling place roster.If the return envelope is marked with the word"Accepted,"the election judges shall record the fact that the voter has voted by absentee ballot on the polling place roster. This must be done by placing the letters"A.B."in the appropriate space on the roster. After a registration record has been marked to record that an individual has voted by absentee ballot,the individual shall not be allowed to vote in person at that election. Subd.4. Placement in container;opening and counting of ballots.The ballot envelopes from return envelopes marked"Accepted"shall be placed by the election judges in a separate absentee ballot container. The container and each ballot envelope may be opened only after the last regular mail delivery by the United States postal service on election day. The ballots shall then be initialed by the election judges in the same manner as ballots delivered by them to voters in person and shall be deposited in the appropriate ballot box. If more than one ballot of any kind is enclosed in the ballot envelope,none of the ballots of that kind shall be counted but all ballots of that kind shall be returned in the manner provided by section 204C.25 for return of spoiled ballots. Subd. 5. M.S. 1999 Repealed; 1999 c 132 s 46 Subd.6. Exception for municipalities or school districts with absentee ballot boards.In municipalities or school districts with an absentee ballot board,the election judges in each precinct shall receive and process return envelopes and ballot envelopes as provided in this section except that the ballot envelopes from return envelopes marked"Accepted"shall be delivered in an absentee ballot container to the absentee ballot board for the counting of ballots as soon as possible after processing. Other law to the contrary notwithstanding,the governing body of a municipality or the school board of a school district with an absentee ballot precinct may authorize the judges of the /""\ absentee ballot precinct to validate ballots in the manner provided in this section. The vote totals provided by the absentee ballot board shall be included in the vote totals on the summary statements of the returns for the precinct in which they were received. Subd.7. Names of persons submitting absentee ballots.The names of voters who have submitted an absentee ballot return envelope to the county auditor or municipal clerk may not be made available for public inspection until the close of voting on election day. History: 1981 c 29 art 3 s 12; 1981 c 185 s 2; 1983 c 253 s 5,6; 1984 c 560 s 6-9; 1987 c 266 art 1 s 18; 1989 c 291 art 1 s 5,6; 1990 c 585 s 21,22; 1991 c 320 s 1; 1997 c 147 s 20,21;2004 c 293 art 1 s 23 NOTES AND DECISIONS 203B.12 Absentee ballot may not be challenged after deposit in ballot box except for invalidity on the face of the ballot.Bell v Gannaway,227 N.W.2d 797(Minn. 1975). Absentee ballot,which was torn and had been repaired by tape,was properly allowed on theory that it was mutilated ballot presumed to have been torn after it was received and counted by election officers.Sperl v.Wegwerth,265 Minn.47,120 N.W.2d 355(1963). 203B.125 SECRETARY OF STATE TO MAKE RULES. The secretary of state shall adopt rules establishing methods and procedures for issuing ballot cards and related absentee forms to be used as provided in section 203B.08,subdivision la,and for the reconciliation of voters and ballot cards before tabulation under section 203B.12. History: 1983 c 253 s 7 203B.13 ABSENTEE BALLOT BOARDS. Subdivision 1. Establishment.The governing body of any county that has established a counting center as provided in section 206.85,subdivision 2,any municipality,or any school district may by ordinance or resolution, authorize an absentee ballot board. The board shall consist of a sufficient number of election judges appointed as provided in sections 204B.19 to 204B.22. Subd.2. Duties.The absentee ballot board may do any of the following: (a)Receive from each precinct in the municipality or school district all ballot envelopes marked"Accepted" by the election judges;provided that the governing body of a municipality or the school board of a school district r1 may authorize the board to examine all return absentee ballot envelopes and receive or reject absentee ballots in the manner provided in section 203B.12; (b)Open and count the absentee ballots,tabulating the vote in a manner that indicates each vote of the absentee voter and the total absentee vote cast for each candidate or question in each precinct;or (c)Report the vote totals tabulated for each precinct. The absentee ballot board may begin the process of examining the return envelopes and marking them "accepted"or"rejected"at any time during the 30 days before the election. If an envelope has been rejected at least five days before the election,the ballots in the envelope must be considered spoiled ballots and the official in charge of the absentee ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. The secretary of state shall provide samples of the replacement ballot and return envelope for use by the county auditor. Subd.3. Compensation of members.The municipal clerk shall pay a reasonable compensation to each member of the absentee ballot board for services rendered during each election. Subd.3a. Absentee voter list.If the election judges of an absentee ballot board are authorized to receive, examine,validate,and count absentee ballots,the county auditor or municipal clerk shall prepare a list of all persons who have applied for absentee ballots at the election and deliver it to the election judges of the absentee ballot board along with the applications for absentee ballots. The polling place rosters must include an indicator for all persons on the absentee voter list. The county auditor may provide a supplemental list for use by the election judges after the polling place rosters have been prepared. If a person on the absentee voter list appears in the polling place,the election judges shall notify the election judges of the absentee ballot board. When notified by the precinct election judges that the voter has voted in person,the election judges of the absentee ballot board shall make a notation on the absentee voter list that the voter has voted and no absentee ballot may be counted for that voter. Subd.4. Applicable laws.Except as otherwise provided by this section,all of the laws applicable to absentee ballots and absentee voters and all other provisions of the Minnesota election law shall apply to an absentee ballot board. History: 1981 c 29 art 3 s 13; 1981 c 185 s 3; 1986 c 444; 1987 c 266 art 1 s 19; 1989 c 291 art 1 s 7; 1990 c /,,'N 585 s 23; 1991 c 320 s 2; 1997 c 147 s 22,23 203B.14 COUNTY AUDITOR OR MUNICIPAL CLERK MAY EMPLOY ADDITIONAL HELP. Each county auditor and each municipal clerk may employ additional clerical assistance as necessary to discharge the responsibilities imposed on the county auditor or municipal clerk as provided in this chapter. History: 1981 c 29 art 3 s 14 203B.15 ADMINISTRATIVE EXPENSES. Each county shall pay the expenses incurred by its county auditor and each municipality or school district shall pay the expenses incurred by its clerk for administering the provisions of sections 203B.04 to 203B.15. History: 1981 c 29 art 3 s 15; 1987 c 266 art 1 s 20 203B.16 ABSENT VOTERS IN THE MILITARY NEW LANGUAGE 2004 OR OUTSIDE THE UNITED STATES. Subdivision 1. Military service;temporary residence outside United States. Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who are absent from the precinct where they maintain residence because they are: (1)either in the military or the spouses or dependents of individuals serving in the military;or (2)temporarily outside the territorial limits of the United States. Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and Overseas Citizens Absentee Voting Act,United States Code,title 42,section 1973ff. Subd.2. Permanent residence outside United States. Sections 203B.16 to 203B.27 provide the exclusive voting procedure for United States citizens who are living permanently outside the territorial limits of the United States who meet all the qualifications of an eligible voter except residence in Minnesota,but who are authorized by federal law to vote in Minnesota because they maintained residence in Minnesota for at least 20 days immediately prior to their departure from the United States. Individuals described in this subdivision shall be permitted to vote only for the offices of president,vice-president,senator in Congress,and representative in Congress. Subd.3. Duties of municipal clerk.The municipal clerk shall administer the duties of the county auditor in sections 203B.16 to 203B.27 for municipal elections not held on the same day as a state or county election. FRIDLEY CITY CODE CHAPTER 4. ABSENTEE BALLOT PRECINCT ELECTIONS (Cross-reference: Charter- Chapter 4; Ref. 434) 4.01. ABSENTEE BALLOT PRECINCTS The Council hereby authorizes the establishment of an absentee ballot precinct within the City of Fridley, which precinct is authorized to handle all absentee ballots received during any election, primary or general,within the City. (Ref. 434) 4.02. DUTIES The Absentee Ballot Precinct Board shall: 1. Receive all absentee ballots for a primary or general election held within the municipality. 2. Check the registration of each absentee ballot against the permanent voter registration file. 3. Determine the precinct of each absentee ballot voter and report the results of such election to each precinct with such results to be tabulated with that precinct. 4. Prepare a list for submission to each precinct within the municipality prior to the close of the election day for the precinct officials to check against the voter registration file to ascertain if any absentee ballot voter voted in person. 5. Reject any absentee ballots of persons who had voted at a precinct making a notation on the envelope of the absentee ballot as to the reason for rejection. 6. After the polls have closed in the municipality the Board shall count the absentee ballots by opening them and tabulating the vote of each absentee ballot voter in a manner which will indicate each vote of the absentee voter and designate that the vote was received by absentee ballot. 4.03. MEMBERS The Council is authorized to appoint the number of persons, which it deems necessary to carry out the duties of the absentee ballot precinct. 4.04. COMPENSATION The City shall pay a reasonable compensation to each member of the Absentee Ballot Precinct Board for services rendered during the election. Fridley City Code Section 4.05 4.05. APPLICABLE LAWS This Chapter is deemed to be supplementary to Minnesota State Statutes pertaining to absentee ballots and general election laws.