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CHM 11/28/2005 - 00028635CITY OF FRIDLEY CHARTER COMMISSION MEETING November 28, 2005 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:09 .m. ROLL CALL: Members Present: Borman, Braam, Findell, Fitzpatrick, Hoiby, Linder, Reynolds, Soule and Van Dan Members Absent: Gerrity, Gordon, Holm, Johnson, Jorgenson Others Present: Deb Skogen, City Clerk/Staff Liaison 1. APPROVAL OF AGENDA: Commissioner Reynolds MOVED and Commissioner Braam seconded a motion to approve the agenda. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF OCTOBER 24, 2005, CHARTER COMMISSION MINUTES: Commissioner Soule MOVED and Commissioner Reynolds seconded a motion to approve the October 24, 2005, Charter Commission Minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. ADMINISTRATIVE MATTERS A. Ms. Skogen stated there was still one vacancy on the Charter Commission at this time. B. Ms. Skogen suggested that Chairperson Jorgenson and Vice Chairperson Borman discuss the need for the nominating committee and appoint a committee to bring forward a list of recommend nominations at the January meeting. Commission Borman said he would speak with Commissioner Jorgenson after the meeting. C. Ms. Skogen provided a calendar for 2006 showing the meeting dates for the city council so the Commission could discussion their meeting dates. She noted the Commission meets on the fourth Monday of each month, unless there is a holiday or some other important date that would be the same date, with the exception of the summer months and December. After some discussion, Commissioner Reynolds MOVED and Commissioner Hoiby seconded a motion to hold the Charter Commission meetings on the following dates for 2006: January 23, February 27, March 27, April 24, May 22, September 25, October 23 and November 27"'. UPON A VOICE VOTE ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTED 01 -23 -06 CHARTER COMMISSION MEETING OF NOVEMBER 28, 2005 PAGE 2 4. UPDATE ON CITY COUNCIL PROPOSED CHARTER AMENDMENT Ms. Skogen noted voter turnout average was 27 %, highest turnout was WIP2 with 42% and the lowest was W3P1 with 10 %. The question failed with only 39% of the vote. In order the pass the question needed to receive 51% of the vote. Commissioner Jorgenson had provided an e -mail, which Ms. Skogen provided to all members, letting them know she favored putting a 6% increase in the rates in front of the voters in November or a question asking for another rate increase (to be determined prior to the 2006 election) for 2007 to reduce the need to use the reserve funds. She thought if the voters were asked to approve an increase in rates without removal of the voter referendum process it might pass. The other suggestion might be to go to the legislature and ask them to remove it, but didn't think that would work during an election year. Commissioner Borman said the city never tried to request an increase from the voters and think that it might have helped. I was in favor of allowing the city to do what it needed to do to run a business, but it was never tested. He would like to see the council ask for a rate in crease once or twice and if that fails to come back to the voters to try to make the change or bring it to the legislature if needed. Ms. Skogen said there was still some confusion about the question as the city had received phone calls asking whether or not the rate increase had passed. Commissioner Borman said there was an article about regaining or rebuilding the funds back up and to stop the bleeding. He was not sure whether the city aimed to replace the funds or to stop the funds from being depleted further. Commissioner Reynolds wondered whether or not it was legal to regain or replace the funds that were lost Commissioner Borman said when this was first approached it was to stop the city from losing money, not to replace what was lost. Commissioner Reynolds said the Met Council's rate for sewer treatment and waste water for 103 cities in 2000 was $135/100,000 gallons and in 2004 it was 134/104 gallons. She wondered about the table shown on cable showing 10 other cities rates and that we only come close to one, that being Crystal with the same number of residents. She said Fridley has a uniform charge system while Crystal has a flat rate. She felt from her research that the city should take a look at, not only how to get the money back, but a different way of charging. She felt it appeared part of the problem was caused by the way the city charged for the service. She said the Met Council, as well as the utility code, that industrial customers are being charged more and that state law says you have to charge proportionately, and wondered where the subsidy came from. She felt if she used 5,000 gallons of water, she would still pay for a minimum water usage. Commissioner Van Dan felt that the city received free water from the arsenal in New Brighton and wondered if it would be possible to have two conduits of water for industrial users. She also wondered if the Met Council charges could be separated for the different funds Ms. Skogen said the Met Council only charged for the treatment of the sewage that came from the city and that the charges could not be separate. She said that each fund was separate and personnel that worked in division, (water, storm water and sanitary sewer) were paid from those specific funds. The Commission began discussing Commissioner Jogenson's idea about a 6% increase. There was a question as to whether it was 6% total or 6% over and above the rate of inflation or 5 %, whichever is less. Commissioner Findell said it would have to be very clear whether the rate is just 6% or 6% over. Commissioner Borman felt the city really needed to test what is in place by asking voters for an increase. If the increase was denied then think about going to the legislature or voters to see if it can be changed. ADOPTED 1 -23 -06 CHARTER COMMISSION MEETING OF NOVEMBER 28, 2005 PAGE 3 Commissioner Reynolds said she had an individual ask her if the language was eliminated, when would increases be put in and what would the limit be. She also wondered why they did not come and ask for an increase. Commissioner Soule said they could not ask for an increase because the charter states it has to be done at a regular municipal election, not a special election. Commissioner Borman said he is aware of a city in Colorado with the same limitations and now their infrastructure is falling apart because they don't have the money to fix it. Commissioner Fitzpatrick said Fridley's infrastructure is getting older too, because the city is over 50 years old. Commissioner Findell said they could make a recommendation to the city council to send a question to the voters to increase the rates to the November municipal election. He said the issue is a very difficult issue and it is even hard for this Commission to discuss and try to figure out what the rate increase should be. He felt very strongly that the Commission does not have the right to micro - manage the workings of the city council or not right as citizens to micro - manage the rate increases that ought to be put on utilities because we have no way of knowing what increase is needed. Commissioner Soule said the city could outsource these functions and then would not need to go to the voters for an increase, similar to that of the cable. Commissioner Van Dan said there was a state statute that said liquor operation profits have to be used to make water available and should be dedicated. Commissioner Borman wondered what action the legislature would take. Ms. Skogen said the city would go to its representatives and ask for them to sponsor a bill in the House and Senate. Commissioner Borman wondered what that legislation would be. Ms. Skogen said it all depended on how the bill was written, what authority it would give to the city. Commissioner Soule wondered what would happen if the city council decided to increase the rate over what was written in the charter? It was determined that more discussion was needed on this issue. 5. DISCUSSION OF MAIL BALLOT ELECTION Ms. Skogen said that staff determined it would cost just as much to do a mail ballot election due to the cost of postage, as it would cost to do a regular election. You can table it indefinitely or determine that you don't want to do it at this time. Commissioner Reynolds said she spoke with Sandy Paulson at the city of Plymouth who told her they have never used it in Plymouth as it would cost them over $50,000. Ms. Skogen said to her knowledge the only in recent history that it had been used was with the Robbinsdale School District in the mid 1990's. She said when discussing postage it costs about $1 per ballot to mail and return, if there were 15,000 registered voters, it would cost $15,000, which is similar to an election using election judges. She said if the ballot is returned, it goes back to the County and those voters are then taken off of the voter rolls because their ballot could not be delivered, which could cause more people to re- register voters at the next election. Commissioner Reynolds thought it might be good because more people would vote but she had not read the state statutes to find out if it could be used. Ms. Skogen said it can be used in a special election for up to two questions. Commissioner Reynolds moved and Commissioner Van Dan seconded a motion to table this item. Commissioner Borman said the item would be tabled. ADOPTED 1 -23 -06 CHARTER COMMISSION MEETING OF NOVEMBER 28, 2005 PAGE 4 Commissioner Van Dan asked about technology and wondered when voting by the internet might begin. Ms. Skogen said that this issue has been raised, that there was a federal program for the military, but due to the lack of security, it was discontinued. Ms. Skogen said besides security, there was no paper trail on some election equipment, or the internet and in Minnesota you are required to have a paper trail. She briefly described the Help America Vote Act and the requirement to have voting equipment available in each precinct for the disabled community and the possible cost to the city for this equipment being up to $75,000. 6. APPOINTMENT OF ELECTION JUDGES Ms. Skogen briefly addressed the memo prepared for the Commission referencing Councilmember Bolkcom's question about who can serve as an election judge. At the last meeting the Commissioner's requested an ordinance be drafted amending the Charter allowing eligible voters, rather than registered voters to serve as election judges and that the language requiring them to serve in their precinct be discontinued due to the requirements the state law has in appointing election judges. Commissioner Reynolds said she had researched 4 other communities regarding this language and found that 3 of the 4 refer to as otherwise provided in this chapter, the general laws of the state of Minnesota shall apply rather than having language appointing election judges in their charter. Ms. Skogen said that the charter was adopted in 1957 and when voters came to the precincts to vote, back in those days, each voter had a little 3x5 card they would sign when they voted and we did not have same day registration. She did not think that the charter had been changed since that time, but state law had been changed quite a bit. Commissioner Reynolds said she just wanted to know what other communities required and thought it was a good idea to make something a little less restrictive. She also provided an election judge application to Ms. Skogen from the City of Hastings that she found on the web site. She said she could not find a similar form on our web page. Ms. Skogen said she has a similar application that is mailed to a list of individuals who have served as election judges in the past the spring of each even year and that individuals who are interested in serving are also added to this list. Commissioner Van Dan expressed her interest in changing state law regarding the additional qualifications of being appointed an election judges so as not to disenfranchise voters. Commissioner Soule said the appointing authority should have some ability to decide who is able to perform the duties of being an election judge. Commissioner Borman agreed. There was further discussion on this issue and it was determined Commission Van Dan would proceed on her own as to changing state law. Commissioner Van Dan moved to table this item. The motion failed due to the lack of a second. Commissioner Findell MOVED and Commissioner Hoiby seconded a motion to recommend to the city council an ordinance amending the City Charter pertaining to the appointment of election judges. UPON A VOICE VOTE BEING TAKEN, THE MOTION PASSED 7 TO 1, COMMISSIONER VAN DAN ABSTAINING. 7. DISCUSSION OF FUTURE ITEMS Commissioner Soule suggested each member take a chapter to look at and discuss, or look at each chapter one by one and discuss. Commissioner Borman said he agreed that there should be a glossary of key words and recommended discussing each chapter. ADOPTED 1 -23 -06 CHARTER COMMISSION MEETING OF NOVEMBER 28, 2005 PAGE 5 Commissioner Van Dan said the Commission was very slow moving. She felt the should readdress the mission statement and that terminology be changed to make the charter consistent. It was determined that the mission statement and consistency in key words be readdressed. ADJOURNMENT: Commissioner Reynolds MOVED and Commissioner Linder seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:50 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Kathleen Linder, Secretary ADOPTED 1 -23 -06