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CHA 02/28/2005 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: February 14, 2005 CITY OF Re: February Charter Meeting FRIDLEY There are no minutes for the January meeting as the Commission did not have a quorum. Commissioner Holm was present and provided a motion in writing to staff to amend the bylaws. He requested this be placed on the agenda for the next meeting. Chairperson Findell appointed a nominating committee and their report is also included in the agenda packet this week. Commissioner Van Dan provided an e-mail to staff for the Charter Commission members, which is included in this mailing; and Carol Hoiby and Pam Reynolds have provided applications to serve on the Commission. First terms ending February 21, 2005: Commissioners Fitzpatrick, Scott, and Jorgenson Commissioners Fitzpatrick and Jorgenson have expressed their interest to continue to serving on the Commission. First Term ending May 1, 2005: Craig Gordon Second terms ending on May 1, 2005: Commissioners Findell, Soule and Van Dan. Commissioner Monden has not attended a meeting in over one year and has not called to excuse herself from the meetings. The next Charter Commission meeting will be held on Monday, February 28, 2005, in Meeting Room 1 in the lower level of City Hall. Please contact me by February 25 at(763) 572-3523 if you cannot attend the meeting. Page 1 of 2 kgen, Deb From: Francis A van Dan [bimipula @juno.com] Sent: Monday, January 24, 2005 4:22 PM To: Skogen, Deb Subject: comments to fellow members of the Charter Commission Physically disabled I have to forego tonights' meeting,but I cannot allow to let the proceedings of Nov.22nd, 2004 go without comment. First, none of you, especially the Chair, Mr. Findell, would DARE speak to any lady member of the Commission as disrespectfully,as was done on the captioned date, from a male he'd be fed a knuckle-sandwich in return. Ergo, henceforth I shall insist that you address me by my rightful academic title, as "Dr. van Dan". M aybe it would force you for a bit more consideration. In the discussion under Item 3 I had said that the City, its Council, and then mayor had tried to impose a sales tax(subterfuged as a "franchise fee" ),without authoriz- ation from the Legislature. To this Mr. Braams alleged that there was authority. WRONG. I checked with Jim Nobles,the Legislative Auditor, next the State Auditor. The answer was "no", and Mr. Braams IS wrong. I also checked with the Department of Revenue, Rule 8130.1100 and Rule 8130.5500; wrong on botrh counts. Mr. Braams, who has to collect a sales tax FOR THE STATE on his sales, should know better, In me second paragraph of the minutes quotes Mr. Findell, Chair. The "committee", and "action by the committee" - is hogwash; moreover, in the light of the last two national elections, it amounts to a criminal act,trying to defraud the will of the voters. The refer- endum contained the votes of the actual voers of Fridley voting for a SET text of a Charter amendment, which by neither State statute nor federal law then mayor Jorgensen, Burns, Prybill and the five petition circulators had a right to alter, irrespective of what the bonding corporations or individuals -that Findell referred to as "authorities" find accept- able, or not. I am reiterating my previous statement that SOME members of the Charter Commission did violate the Open Meeting State Statute, by meeting "arcanely" (look it up in your dict- ionary,just like the term I used "palaver" (P-A-L-A-V-E-R). I am not here to educate the, by their own admission uneducated. And there we come to the subject matter. In our ineptitude, incompetence, we don't even fathom that a glossary is not supposed to be a dictionary: the purpose of a glossary always is to standardize, regulate and homogenize : to make sure that in the document,the legisla- tion the glossary is port of, always and consistently the same terminology,the same verbi- age is used throughout, and that that terminology is universally recognized and acknowledged. This is counter to our City Manager and Finance Director's suggestion carried forward in the Charter Amendment defeated in the last plebiscite (look this up in your dictionary !), where tl ried to call the price of some merchandize or service a "fee", and a tax, or impost a "charge", as, under the previous Charter Amenrment they are limited in raising or introduc- ing new taxes or raise them beyond the mandated level. 1/24/2005 Page 2 of 2 % J said, the glossary is not, nor should be an abridged dictionary; if some people are unfam- il Nith some expressions,they should do some homework, or not serve on this commission : mayor, or any elected official "pro tern" ( an abbreviation of the Latin "pro tempore") should be self-evident, but not explained in the glossary, nor should words such as "enumeration". As far as the Chairperson is concerned, he better study up on General "Robert's Rules" as amended; a Chair cannot make motions, cannot particpiate in discussion, CANNOT VOTE (!) unless to break a tie; also, has he not heard of a parliamentary maneuvcer called FILIBUSTER (?)where a legislator could, and often does speak if he can endure, for 48, 72, 96 hours,just so as to forestall a vote or whatever, and there is no power on earth to interrupt the speak- er !!! So, I was not out of order, the Chair was, for 1) interrupting, 2) for telling the Commission that he was "sick and tired and bored". The only thing the Chair could have done, is hand the chairing of the meeting over aand leave, with his mouthg zippered shut ! And this deponent at this juncture doth not sayeth more. (Ms.) Francis A. van Dan 1/24/2005 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 28, 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 n A. Membership—Applications of Carol Hoiby and Pam Reynolds, Expiration of Terms B. Annual Report C. Nominating Committee Recommendation 4. Introduction of Motion by Commissioner Holm to amend by-laws 5. Discussion of Mission Statement 6. Discussion of Glossary/Index—Chapters 3 and 4 7. Discussion of Future Items 8. Adjournment Next regular meeting: Monday, March 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 ■"• 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 atout 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/inch 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. Currartly 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 /"N 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 infonnation 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 January 25, 2005 Deb Skogen-City Clerk Fridley Charter Commission 6431 University Ave. N.E. Fridley,Mn. 55432 Dear Ms. Skogen, My name is Carol Hoiby. I have been a Fridley resident since 1967 and have voted in every election for almost as many years. I am married, have three grown children who went through the Fridley school system. We have been a home owner since 1968. I have been a licensed Child Care provider since 1970. I have been a part of many families who live in Fridley and have had the privilege of watching their children and also see them go through the Fridley school system and graduate. I have been a member of Licensed Child Care Providers of Anoka County and held positions as President, Vice President, Membership, Area Coordinator, and Referral Coordinator. I am now more involved in the Minnesota Licensed Family Child Care Association and hold the position of Vice President and State Conference Chair. At my church I am chair of the Worship Committee and I also work with the Education Committee, and have served on the Church Council. I am a member of the Fridley 49'ers and I Co-chair the Royalty Committee. I have worked with these groups since 1985. I am interested in becoming a member of the Fridley Charter Commission. A number of years ago, I was on the Charter Commission for two terms and thought the experience was very rewarding. Sincerely, .kaire..4... 0-6-6 tic 6-(__/„., Hoiby 5380-7th St. N.E. Fridley,Mn. 55421 763-572-9169 City Clerk's Office Date Received Forward to Copy to Collins, Roberta From: preynolds2 @mn.rr.com rent: Friday, November 19, 2004 8:36 PM x 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 ^ommon sense .,esearch 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 2004 Charter Commission Membership Name/Address Phone e-mail address Appointed Term Expires Borman,Peter (h)763-571-4479 Peter.borman @qwest. 12-03-03 (1) 11-24-07 120 River Edge Way com 55432 Braam,Gary (h)763-571-9582 06-01-04(1) 05-31-08 1436 66th Avenue 55432 Findell,Donald (h)763-571-0467 donfinder@aol.com 6-16-97(1) 5-11-01 6850 Siverts Lane (w)Fax 763-571- 2-21-01(2) 5-1-05 55432 7386 Char Fitzpatrick (h)572-9615 imchocannAaol.com 5-7-02(v) 2-21-05 5273 Horizon Drive NE 55421 Gerrety,Anita (h)571-5586 anitaandtome@msn.co 4-22-02(1) 4-22-06 1602 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 scotandlorika,msn.com 2-21-01 (1) 2-21-05 6032 2 1/2 Street NE (w) 55432 Holm,William (h)784-7052 holm @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 (2) 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 nj j orgenson48@msn.c 2-21-01 (1) 2-21-05 5730 Polk Street NE (w) om 55432 Kathleen Linder (h)572-9348 02-19-04 02-13-08 728 58th Avenue NE 55432 Monden,Deborah (h)783.3575 DWmonden @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@a,elcabop.org 6-16-97(1) 5-11-01 7838 Firwood Way (w)612-752-4101 2-21-01(2) 5-1-05 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 55432 2-21-01 (2) 5-1-05 Open Seat 12-03-03 11-24-07 CI1YOF 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. n 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 10t 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. 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• ID LEY 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 i February 9, 2005 Charter Commission Nominating Committee Chairman Findell appointed Commissioners Bill Holm and Kathleen Linder to serve on the Nominating Committee on January 24, 2005. The Nominating Committee met and offer the following nominations to serve for 2005-06: President Nancy Jorgenson Vice President Peter Borman Secretary Kathleen Linder Sincerely, Bill Holm Suggested Amendment: Fridley Charter Commission By-Laws III. MEETINGS A. Commission meetings shall be held in the Fridley City Hall. Regular scheduled meetings shall be held on the fourth Monday of January, February, and March of each year. C. Special meetings may be called by the Chairperson. Also,upon receipt by the Chairperson of a request submitted by 3 or more members,the Chairperson shall, within 10 days, schedule a special meeting. If possible, special meetings shall also be scheduled for the fourth Monday of each month. The Charter Commission does not normally meet during the summer months of June through August nor during December. If the members requesting the special meeting are agreeable to a delay for a non-urgent matter, the Chairperson may set a time agreeable to a majority of those requesting the special meeting. 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, •—■ 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