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CHM 09/26/2005 - 00027103CITY OF FRIDLEY CHARTER COMMISSION MEETING September 26, 2005 CALL TO ORDER: Chairperson Jorgenson called the Charter Commission meeting to order at 7:15 p.m. ROLL CALL: Members Present: Commissioners Braam, Fitzpatrick, Hoiby, Holm, Jorgenson, Reynolds, Soule and Van Dan Members Absent: Commissioners Borman, Findell, Gerrity, Gordon, Johnson and Linder Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Holm MOVED and Commissioner Soule seconded a motion to approve the agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF JULY 18, 2005, CHARTER COMMISSION MINUTES: Commissioner Van Dan MOVED and Commissioner Braam seconded a motion to approve the July 18, 2005, Charter Commission Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS Skogen noted that the Commission had one vacancy. 2. MISSION STATEMENT Commissioner Van Dan asked that this discussion be tabled for the evening as she would like to review it and add to it. Chairperson Jorgenson noted that the Mission Statement had been adopted and asked if Commissioner Van Dan would like to have it on the neat month's agenda. Commissioner Van Dan said yes. 3. UPDATE ON CITY COUNCIL PROPOSED CHARTER AMENDMENT Chairperson Jorgenson said at the last meeting the Commission approved the proposed charter amendment and discussed the possibility of the City Council amending the language. She felt there had been a significant change. Adopted 10 -24 -05 CHARTER COMMISSION MEETING OF SEPTEMBER 26, 2005 PAGE 2 Commissioner Holm said that the language did not change significantly, but that the language of the ballot was a little easier to understand. Skogen noted that the only change in the ordinance was Section 3. She said that the city attorney gave the city council three choices of ballot language and recommending deleting the portion showing the underlines and strikeouts due to the confusion of the last election. Commissioner Van Dan was reluctant about the change in the language and felt it granted too much power by adding the language "without the passage of a referendum for each such issue." Commissioner Van Dan also wanted to be on the record as stating she felt the ad hoc committee that addressed the petition language after the 2000 election committed election fraud and that she had spoken with the State Auditor, State Attorney General and Secretary of State Offices about the alleged election fraud. Commissioner Jorgenson said that if Commissioner Van Dan was alleging election fraud, she would have to take on that action herself and since it could be considered pending litigation, the Charter Commission could no discuss the issue. Commissioner Reynolds said that the Commission approved the amendment as it was written and was concerned that the amendment and language of the ballot had changed and did not feel that was the intention of the Commission. Ms. Skogen said that she provided the information to the Commission to keep them up -to -date and informed on the issue. Chairperson Jorgenson said that the language that was adopted still has the same intent as the original language, which it is much shorter and hopefully easier to understand. Commissioner Soule said while it appeared the language might give the council more latitude, Chapter 11 still required fees to be reasonable and just, and if they aren't, people have the recourse to come back to the City Council. Commissioner Braam said the language was easier to understand compared to the last election, which was too wordy. Chairperson Jorgenson said that MN Statutes does now allow the city to profit off of its services nor transfer to other funds. Commissioner Reynolds said an AG Opinion dated 1999 pertaining to Breckenridge said the PUC determined what fees were fair and reasonable and anything in excess could be put in the general fund. Commissioner Holm stated he had discussed that issue to Rick Pribyl who told him any fee charges from water and sewer must go into rate reductions rather than into the general fund. He wondered how much reserves the city should be permitted to have in the water and sewer funds. Chairperson Jorgenson reminded the Commissioners that when there was a rate reduction by MCES, the city did reduce the rates to the city users. Commissioner Reynolds was concerned that due to the language the city could input double digit increases right from the start. She also wondered why the city did not have a Public Utilities Commission which would act as a checks and balances type of system. She wondered if the other recourse would be to have a 9% increase every year until they got there. Adopted 10 -24 -05 CHARTER COMMISSION MEETING OF SEPTEMBER 26, 2005 PAGE 3 Commissioner Holm asked who would want to pay less than the cost to provide the service. Commissioner Reynolds wondered who would want to leave a large gap. Commissioner Holm said he did because the city did not have a history of overcharging for their services. Chairperson Jorgenson said the charter commission should not micro - manage the city council, but that if the city council was not doing their job, the people should elect citizens that will represent them. Commissioner Reynolds wondered if the referendum language was removed, if it meant the citizens could never have another referendum. Ms. Skogen explained the only difference is that the language is shorter, that the council still intends to amend the charter the same way as shown in the first reading. 4. Discussion of Special Election by Mail Ballot Chairperson Jorgenson said it was a major concern about the voter turn out during a special election and that Ms. Skogen had prepared information on the possibility of allowing the city to vote by mail during a special election, which has been allowed by the legislature. Information was presented about the City of Plymouth and their change. Commissioner Soule suggested the Commissioner review the language in Chapter I I after the election. Commissioner Van Dan did not think there was a need for a change. Chairperson Jorgenson wondered if there was any other information from other cities as to how it worked and whether or not there were there any controls that prevent fraud. Commissioner Reynolds wondered what happened in the future when technology changed and people were voting by computer. Ms. Skogen will gather information from other cities that may have done an election by mail. ADJOURNMENT: Commissioner Soule MOVED and Commissioner Reynolds seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:30 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Kathleen Linder, Secretary Adopted 10 -24 -05