CHM 11/26/2007 - 29972CITY OF FRIDLEY
CHARTER COMMISSION MEETING
November 26, 2007
CALL TO ORDER:
Chairperson Borman called the Charter Commission meeting to order at 7:02 p.m.
ROLL CALL:
Members Present: Commissioners Borman, Braam, Findell, Hoiby, Jorgenson, Kirkwood, Kranz, Linder,
Plummer, Reynolds, Ryan, Scholzen and Soule
Members Absent: Commissioners Gordon and Holm
Others Present: Deb Skogen, City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the agenda.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF OCTOBER CHARTER COMMISSION MINUTES:
Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the October 22, 2007,
Charter Commission Minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
Staff reviewed the results of the November 20, 2007, special election pertaining to the charter amendment to
Chapter 7 of the Charter removing utility charges from the restrictive language. The amendment was adopted with
a yes vote of 1,737 and a new vote of 801. The amendment will become effective 30 days after the election.
2. REVIEW AND DISCUSSION OF CHAPTER 5
Review of changes to Chapter 5 were made. Changes will be incorporated with Chapters 1 -4
3. REVIEW AND DISCUSSION OF CHAPTER 6
The materials provided by staff were reviewed. Most cities continue to use the terminology of "let."
Commissioner Soule wondered if contracts for a lease should be included under Chapter 6, as state law does refer
to leases as an enhancement of the language and for fiscal responsibility. Commissioner Jorgenson said there are
times where the City might lease some equipment in an emergency to repair something, for instance, street, water
or sewer repair.
Adopted January 28, 2008
CHARTER COMMISSION MEETING OF NOVEMBER 26, 2007 PAGE 2
The Commissioners discussed the language and determined the language in Section 6.06 would be changed as
follows:
"In all cases of contracts for the purchase, rental or lease, of merchandise..."
There are additional ways to procure contracts other than outright purchasing and this is a better means to provide
the city council.
There are several areas in the charter that state they may also advertise in trade journals
In the official newspaper or as required by state law. Discussion of how companies find projects.
How do you get the word out to everyone? The Focus does not cover all houses in the City. When something is
advertised, want to reach as many people as we can. Newspapers are now going online and you can see certain
articles. Paper is good to have as well. The City should be able to go to all types of publications as possible.
The language to Section 6.06 should be changed as follows:
City Manager shall advertise for bids by at least ten days published notice in the official newspaper, or other means
authorized by state statute.
4. FURTHER REVIEW AND DISCUSSION OF CHAPTER 5
Don Findell suggested changing Section 5.21 as follows:
2. Unless the officer whose removal is sought resigns If the officer sought to be recalled does not resign within
ten (10) days after the receipt by the Council of the completed recall petition, the farm of question to be placed
on the ballot a+ stic the recall election referenced in Section 5.19 shall be:
There was a discussion of who investigates the charges on the recall are sufficient. The whole purpose of the recall
is to allow the voters to remove someone from office. Was a petition ever brought forward? There may have been
a petition in the 1960's pertaining to the tornado. There were two other city council members who appeared to be
violating the open meeting law. If the allegation is out there, would the allegation be a reason to remove the
elected official. Section 5.20 allows the officer to provide an answer to the complaint.
What is harmful and who would it be harmful.
There doesn't appear to be any checks or balances and it is possible it could be misused to put someone out of
office.
For instance, with the I -35 problem, there was an investigation. Here there is no investigative process, like
sending it to the County Attorney to see if there is justification to go forward. Do you do it before or after the
petition is circulated? Feel it should be done before the petition is circulated. For instance, if there is a taking of
bribe, someone has to report it to begin an investigation.
Used to be a provision which was removed, nonfeasance was neglect to do.
There was a question as to whether or not a councilmember was called to action, if that individual would have to
resign.
Staff should get information regarding recall for the January meeting for further discussion.
5. DISCUSSION OF FUTURE ITEMS
Adopted January 28, 2008
CHARTER COMMISSION MEETING OF NOVEMBER 26, 2007
Discussion of Chapter 5, 6 and 7.
ADJOURNMENT:
Commissioner Findell MOVED and Commissioner Braam seconded a motion to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8.26 P.M.
Respectfully submitted,
Debra A. Skogen,
City Clerk/Staff Liaison
Carol Hoiby, Secretary
Adopted January 28, 2008
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