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CHA 09/25/2006 I TO: Charter Commission Members NF _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: September 20, 2006 CITY OF Re: September 25, 2006, Charter Meeting FR1 DLEY Reminder: The Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, September 25th as to whether or not they plan on attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. Please find a copy of the agenda and minutes for your reference. Conference Room B is in the offices of the upper level. Please be prompt as the door will be locked shortly after arrival for security purposes. Deb Phone: 763-572-3523 e-mail: skogend@ci.fridley.mn.us FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Revised and Amended September 23,2002 NAME -- the name of the organization shall be the Fridley Home Rule Charter Commission. II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to meet the needs of the people. III. MEETINGS A. Commission meetings shall be held in the Fridley City Hall. B. The annual meeting shall be held in March of each year. C. Special meetings may be called by the Chair; or, the Chair, upon receipt of a written request signed by five (5) members, shall, within ten (10) days, call a special meeting. D. A quorum to conduct business shall be determined according to the following schedule: Number of Charter Commission Members Quorum 15, 14, 13 7 12orll 6 10 or fewer 5 E. Except as provided in these by-laws, all meetings shall be governed in accordance with Robert's Rules of Order,Revised. F. The time of the meeting shall be called by the chair. If there is not a quorum within ten minutes after the meeting time is to commence, the members shall be dismissed. However, if the chair felt there was important business to be addressed, the chair would have the discretion to ask members to stay longer, but may not exceed an additional 10 minutes past the specified time. IV. MEMBERSHIP --The membership of this organization shall be 15 members. A. All members shall be expected to attend all meetings. If unable to attend, the member shall inform either the Chair or the Secretary as to the reason. B. Any member missing four (4) consecutive meetings without an adequate excuse, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the Court, supporting by two-thirds (2/3) of the Commission members present and voting. Fridley Charter Commission By-Laws Page 2 V. OFFICERS A. Election of Officers. 1. The officers of this organization shall be a Chair, Vice Chair and a Secretary. 2. The Chair, Vice Chair and Secretary shall be elected from the membership of the Commission. 3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting. No officer shall serve more than two consecutive terms in the same office. 4. All officers shall begin their terms of office upon election to that office. 5. Election to vacant offices shall be made from the floor at the next meeting following the meeting at which the vacancy is declared. 6. Officers of this organization shall be declared duly elected by a simple majority vote of those present and voting. n B. Duties of Officers. 1. The Chair shall have the following responsibilities: to call all regular and special meetings, preside at all meetings, set the agenda, implement the decisions of this Commission and participate in all Commission decisions as a voting member. 2. The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform these duties, the Vice Chair shall discharge such duties. 3. The Secretary shall be responsible for: keeping an accurate record of attendance, recording of minutes at all meetings, distributing minutes to members within a reasonable time, giving notice to members who have missed three (3) consecutive meetings pursuant to Article IV, Section B, of the By-Laws, transmitting all correspondence and related resource material concerning this Commission to the City Clerk for retention and presiding at meetings in the absence of the Chair and Vice Chair. VI. COMMITTEES A. The Chair shall have the power to create committees, appoint members and designate chairs of those committees. Fridley Charter Commission By-Laws Page 3 r„\ B. In January of each year the Chair shall appoint a nominating committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. A written report of such nominations shall be mailed to each member at least ten(10)days before the annual meeting. VII. VOTING A. A majority vote of members present shall be sufficient to pass motions and resolutions except as provided elsewhere. B. There shall be no secret votes. VIII. ORDER OF BUSINESS 1. Call to Order by the Chair. 2. Roll Call. 3. Approval of Minutes. 4. Report of Officers. 5. Report of Committee. 6. Considerations of communications. •"■ 7. Old Business. 8. New Business. 9. Adjournment. IX. AMENDMENT A. These by-laws can be amended at any regular meeting of the Commission by a two- thirds (2/3) vote of those presents, provided that the amendment has been submitted in writing to the members at least two(2)weeks before the vote on the amendment. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, SEPTEMBER 25, 2006 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 May 22,2006 3. Administrative Matters A. Introduction of New Members 4. Discussion of Chapter 1 5. Discussion of Mission Statement(remove from the table) 6. Discussion of Glossary/Index(remove from the table) 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, October 23, 2006, at 7:00 p.m. in Conference B Room in the Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING May 22,2006 CALL TO ORDER: Chairperson Jorgenson called the Charter Commission meeting to order at 7:03 p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam,Don Findell,Char Fitzpatrick,Carol Hoiby,Bill Holm, Nancy Jorgenson,Kathy Linder,Pam Reynolds and Cindy Soule Members Absent: Craig Gordon and Francis Van Dan Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Soule MOVED and Commissioner Braam seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF APRIL 24,2006,CHARTER COMMISSION MINUTES: n Commissioner Braam MOVED and Commissioner Borman seconded a motion to approve the April 24,2006, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Vacancies Commissioner Fitzpatrick told the Commissioners that she was resigning from the Commission as she no longer lives in the city. She is in the process of cleaning up and selling her home. This vacancy now creates four vacancies. The Nominating Committee was unable to meet and the Commissioners briefly discussed who they might recommend to the Chief Judge for appointment. There was a question as to whether Commissioner Gordon was still interested in serving as a Commissioner. Staff was directed to prepare a letter to Commissioner Gordon regarding his interest to continue to serve. If Commissioner Gordon chooses to resign,then all five of the names submitted will be recommended to the Chief Judge. Staff was then requested to prepare a packet for the incoming commissioners that would include the bylaws,the mission statement and meeting minutes from the past year,along with Chapter 1. Their books would then be presented at the meeting in September. 2. Discussion of Possible Rate Increase Question Ms. Skogen reviewed the council discussion regarding the possibility of asking for a increase in cents rather than in percentages and that the council was most likely ready to place a question on the ballot this fall. CHARTER COMMISSION MEETING OF MAY 22,2006 PAGE 2 Chairperson Jorgenson wondered if they would have to put the exact breakdown for each tier as she thought they were different rates. Commissioner Reynolds asked if they could use cents rather than percentages which appears to be requested in the charter. Commissioner Borman wondered if you had to put percentage if you could also put what the actual increase would be on the ballot. Commissioner Reynolds wondered what break-even would mean since it appeared there was 23 million in reserves in the three utility funds. Ms. Skogen said that break-even would mean there would not be a profit or a loss for providing the services. Commissioner Soule said that the reserve was a standard financial package and although it may appear there might be 23 million,there really isn't because some of the funds shown are actual assets the city owns and that it is not actual cash. Commissioner Fitzpatrick wondered how to get the information to the voters so that they could easily understand why and increase was needed. Commissioner Reynolds felt that if you did not show a percentage in the question you would have to show each rate structure. Ms. Skogen said that the city council was moving forward to place a question on the ballot and that language was being discussed. Commissioner Soule wondered if the city council would be open to a group of citizens who might review the question prior to adopting it. Chairperson Jorgenson said that ultimately the city attorney should approve the language. Ms. Skogen said if a question is adopted for the November ballot,the city council may like to see a citizen committee supporting the question formed to begin campaigning,as the city is limited by what they can provide to its citizens. Chairperson Jorgenson said she applauded the city council for looking at this issue. Staff was directed to update the Charter Commission as ballot language is drafted or adopted by the city council. Commissioner Hoiby said she would be interested in helping to support this issue,but would not want to chair the issue. She said she would be happy to go around her neighborhood and let her neighbors know how important it was. Other Commissioners expressed some interest as well,but no one stepped forward to chair the committee. 3. Discussion of Chapter 1 Commissioner Linder thought it would be better to address Chapter 1 in the fall with new members. It would be a way to ease them into the Commission. 4. Discussion of Mission Statement It continued to be tabled at this time,but staff was directed to mail a copy of the mission statement to each commissioner. 5. Discussion of Glossary/Index This item continued to be tabled at this time. Commissioner Reynolds said she would like to see the same terminology used throughout the charter. Ms. Skogen said that was the original reason for the glossary as there are terms that may have different interpretations or defmitions and the list was formed to try to address that issue. CHARTER COMMISSION MEETING OF MAY 22,2006 PAGE 3 r"r ADJOURNMENT: Commissioner Braam MOVED and Commissioner Findell 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 8:05 P.M. Respectfully submitted, Debra A. Skogen, Cindy Soule, Secretary City Clerk/Staff Liaison 2006 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 (w)763-571-2140 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 5-4-05 (3) 5-1-09 Gordon,Craig (h)763-574-9807 2-8-99(v) 5-11-01 PO Box 32622 (w)763-571-4959 2-21-01 (1) 5-1-05 55432 5-12-05 (2) 5-1-09 Hoiby, Carol (h)763-572-9169 5-12-05 (v) 5-1-07 5380 7th Street NE 55432 Holm,William (h)763-784-7052 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 Jorgenson,Nancy (h)763-571-1648 njjorgenson48 @msn.c 2-21-01 (1) 2-21-05 5730 Polk Street NE (w) om 5-12-05(2) 2-21-09 55432 Mary Kirkwood 8-11-06(1) 4-22-10 409 Longfellow Street NE 55432 Ted Kranz 8-11-06(1) 4-22-10 6701 Monroe Street NE 55432 Kathleen Linder (h)763-572-9348 Kathv.Linder(aanoka. 02-19-04(1) 02-13-08 1583 S Bavarian Pass (w)763-506-1246 k12.mn.us 55432 Leslie Plummer 8/11/06(v) 02-21-09 663 Hugo Street 55432 Reynolds,Pam (h)763-571-8453 Preynolds2 @mn.rr.co 5-12-05 (v) 5-1-07 1241 Norton Ave (w)763-954-8453 m 55432 Noel Ryan 8-11-06(1) 04-22-10 5607 W Bavarian Pass 55432 Soule,Cynthia (h)763-572-9666 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 5-4-05 (3) 5-1-09 Van Dan,Francis (h)763-571-3177 polikarpovaa903(2i aol. 5-5-95 (v) 5-11-97 6342 Baker Avenue NE (w) corn 97?(1) 5-11-01 55432 2-21-01 (2) 5-1-05 5-4-05(3) 5-1-09 Fridley Charter Commission Mission Statement Adopted May 23, 2005 The Fridley home rule charter is the fundamental law which defines the powers the citizens agree to give their city government. The Charter Commission is comprised of court appointed citizens under Minnesota state law. The Commission, in response to the needs of the community or state legislature, discusses and refines the charter. Changes to the charter can also be initiated by the citizens. 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 • r-. FRIDLEY CITY CHARTER CHAPTER 1. NAME,BOUNDARIES,POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.02. POWERS OF THE CITY. The City of Fridley shall have perpetual succession; may sue and be sued; may use and alter its seal at pleasure; shall be capable of contracting and being contracted with; may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; may acquire, construct, own, lease and operate public utilities, and render public service of every kind; may grant franchises or licenses for the construc- tion, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares,tolls, or charges which may be collected, the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise of license; may assess, levy and collect taxes, for g eneral or special purposes, on all subjects or objects which the city may lawfully tax; may borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; may appropriate the money of the City for all lawful purposes; may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; may license and regulate persons, corpora-tions and associations engaged in any occupation, trade or business; may define,prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use for whatever purposes of the streets and other public places; may make and enforce local police, sanitary, and other regulations; may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; shall have, retain and may exercise all powers, functions, rights, and privileges,heretofore possessed by the Village of Fridley; may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. CHARTER, A PUBLIC ACT. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen(15) days from and after its adoption by the voters. Section 1.04. DEFINITIONS. 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. (Ref. Ord. 857) 10/05/89 10/05/89