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.
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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:
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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
•
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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.
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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)
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