CHA 11/24/2008 1 TO: Charter Commission
_ FROM: Debra A. Skogen, City Clerk
Date: November 19, 2008
CITY OF Re: Charter Commission Meeting of November 24, 2008
FRIDLEY
The next Charter Commission meeting is Monday November 24th at 7:00 p.m. in Meeting Room
1 of the lower level.
Remember, the Charter Commission policy requires a member to call or e-mail me before 8:00
a.m. Monday,November 24th, 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.
Keith Shaw, who was recommended for appointment, was recommended by the Chief Judge and
will take his Oath on Monday.
I did a small amount of research on utility commissions and have provided what we have found.
Some of the agencies will be providing further detail to us, but this gives you an opportunity to
see what is out there and what some of them do. In addition, I have provided Chapter 3 of the
City Code pertaining to commissions.
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY, NOVEMBER 24, 2008 AT 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 2, Lower Level
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES
5. Administrative Matters
A. Discussion of 2009 Meeting Dates
6. Discussion of Chapters 11
7. Discussion of Chapter 12
8. Discussion of Future Items
9. ADJOURNMENT
Next Regular Meeting: Monday, January 26, 2008 at 7:00 p.m. in Meeting
Room 1 in the Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
October 27,2008
CALL TO ORDER:
Chairperson Borman called the Charter Commission meeting to order at 7:01 p.m.
ROLL CALL:
Members Present: Pete Borman,Gary Braam, Don Findell,Carol Hoiby,Mary Kirkwood, Rick Nelson,
Noel Ryan, Lois Scholzen,Keith Shaw,Cindy Soule
Members Absent: Bill Holm,Nancy Jorgenson,Ted Kranz,Leslie Plummer and Pam Reynolds
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Commissioner Braam MOVED and Commissioner Soule seconded a motion to approve the agenda.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF SEPTEMBER 29,2008,CHARTER COMMISSION MINUTES:
Commissioner Braam MOVED and Commissioner Ryan seconded a motion to approve the September 29,2008,
Charter Commission Minutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
There were no administrative matters at this time. Deb Skogen suggested they place the 2009 calendar on the agenda
for the next meeting.
2. DISCUSSION OF CHAPTER 11
Chairperson Borman wondered why the city would have the power to acquire public utilities. Deb Skogen said some
cities do have electric or gas in addition to water based on where they might be located in the state. This chapter just
allows the city to acquire public utilities.
Commissioner Soule said the last time they reviewed this chapter they expanded some of the definitions to allow cell
phone companies the ability to rent space on the water tower for antennas.
There was a question as to how many filtration plants and wells the City has. The water from Arden Hills/New
Brighton was also discussed. The Commission would like to know the number and type of facilities and more
information about the water from New Brighton. Commissioner Braam said the water coming from New Brighton
was from an agreement because of prior problems with groundwater contamination.
There was a question about whether or not the City Council would like to add more street lights. Ms. Skogen stated
Section 11.04 would allow the city to charge for this service.
DRAFT
CHARTER COMMISSION MEETING OF OCTOBER 27,2008 PAGE 2
The Commission also discussed briefly about the city's ability to sell the public utility which would allow
privatization. A company would buy the water and sewer services and then operates it like an electric or gas utility
billing property owners directly. Commissioner Ryan said that was what the state did with the prisons allowing other
states to house their criminals.
The Commission discussed Section 11.08 allowing the Council to establish a utilities commission. They discussed
whether or not to leave the language in or modify the language to make it read better. They felt this commission
would be the body citizens could go to if they were concerned about the rates. The Commission asked for
information about other cities that might have a utilities commission and the city code pertaining to commissions for
further discussion.
3. DISCUSSION OF CHAPTER 12
The Commissioners discussed the language in Chapter 12 and recommended the following two changes:
The language in Section 12.01 was recommended to change as follows: "...The Council may in its discretion, in
addition to the publications required by this Charter,provide for the publication or publish important city
information including the annual budget,ordinances,resolutions,election notices,and such other measures and
matters as it may deem wise. It shall be done by mailing or posting printed copies thereof upon bulletin boards
located in public places of the city in such number and for such period of time as the Council may direct in each
case. In addition,the city council may use electronic means for publication. Nothing herein..."
The language in Section 12.02 was recommended to change as follows: "All records and accounts of every office,
department or agency of the city shall be open to inspection in accordance with the Minnesota Government Data
Practices Act."
ADJOURNMENT:
Commissioner Ryan 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 8:23 P.M.
Respectfully submitted,
Debra A. Skogen, Kathleen Linder, Secretary
City Clerk/Staff Liaison
DRAFT
2008 Charter Commission Membership
Name/Address Phone e-mail address Appointed Term Expires
Borman,Peter (h)763-571-4479 Peter.borman @qwest.com 12-03-03 (1) 11-24-2007
120 River Edge Way (w)612-663-2067 11-28-07(2) 11-24-2011
55432
Braam,Gary (h)763-571-9582 gbraam @msn.com 06-01-04(1) 05-31-2008
1436 66th Avenue 02-05-08(2) 05-31-2012
55432
Findell,Donald (h)763-571-0467 donfinder @aol.com 6-16-97(1) 5-11-2001
6850 Siverts Lane (w)Fax 763-571- 2-21-01 (2) 5-1-2005
55432 7386 5-4-05 (3) 5-1-2009
Hoiby,Carol (h)763-572-9169 5-12-05 (v) 5-1-2007
5380 7th Street NE 3-22-07(1) 5-1-2011
55421
Holm,William (h)763-784-7052 holm @goldengate.net 4-26-96(v) 5-24-1999
7424 Melody Drive NE (w) 4-9-99(1) 5-24-2003
55432 5-23-03 (2) 5-24-2007
3-22-07 5-24-2011
Jorgenson,Nancy (h)763-571-1648 Njjorgenson48(i msn.com 2-21-01 (1) 2-21-2005
5730 Polk Street NE (w) 5-12-05 (2) 2-21-2009
55432
Mary Kirkwood (h)763-784-6104 8-11-06(1) 4-22-2010
409 Longfellow Street NE
55432
Ted Kranz (h)763-571-4387 8-11-06(1) 4-22-2010
.-. 6701 Monroe Street NE
55432
Rick Nelson (c)612-963-2487 rnelson(u mape.org 05-12- 02-13-2012
4624 2 '/2 Street NE
55421
Leslie Plummer (h)763-717-0677 Lesliep663c2 earthlink.net 8/11/06(v) 02-21-2009
663 Hugo Street (w)763-302-8312
55432
Reynolds,Pam (h)763-571-8453 Preynolds52 @comcast.net 5-12-05(v) 5-1-2007
1241 Norton Ave NE (w)763-954-5392 3-22-07 5-1-2011
55432
Noel Ryan (h)763-571-8537 8-11-06(1) 04-22-2010
5607 W Bavarian Pass
55432
Keith Shaw
400 Rice Creek Boulevard
55432
Soule,Cynthia (h)763-572-9666 csoule(aelcabop.org 6-16-97(1) 5-11-2001
7838 Firwood Way (w)612-752-4101 2-21-01 (2) 5-1-2005
55432 5-4-05(3) 5-1-2009
Scholzen,Lois (h)763-571-1276 scholzenmn@aol.com 3-22-07(v) 5-1-2009
117 Hartman Circle
55432
11J 0 9 Cutout *,C1t4j 4 20
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FRIDLEY CITY CHARTER
CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. CONSTRUCTION,ACQUISITION AND OPERATION OF UTILITIES.
The City shall have power to acquire public utilities as provided in Chapter 9 (Eminent Domain) of
this Charter and to build and construct such utilities as may be authorized by at least sixty percent
(60%)of the votes cast on the issue at a regular or special election.
For purposes of this section, public utilities shall include water works, district heating systems, gas,
light, power, heat, wireless or other communication services, or any other product or service the
public provision of which the City Council, by ordinance, shall determine to be in the interest of its
citizens. (Ref. Ord. 1100)
Section 11.02. RATES AND FINANCES.
Upon recommendations made by the City Manager, or upon its own motion, the Council shall have
the power to fix all rates and charges for all utilities provided by plants owned by the City, but such
rates and charges shall be just and reasonable. In like manner the Council may prescribe the time
and manner in which payments for all such services shall be made and make such other regulations
as may be necessary, and may prescribe penalties for violations of such regulations.
Section 11.03. PURCHASE IN BULK.
The Council may, in lieu of providing for the local production of gas, electricity, water and other
utilities,purchase the same in bulk and resell them to local consumers at such rates as it may fix.
Section 11.04. CITY TO PAY FOR SERVICES.
The Council shall make a reasonable charge, based on the cost of service, for lighting the streets
and public buildings, or for supplying heat, power or any other utility, and reasonable charges for
supplying the City with water, and shall credit the same to the publicly owned utility supplying the
service. Such rentals and other charges for light, heat, power, water and other services shall be
collected in the same manner as from other consumers, unless the Council provides some other
plan.
Fridley City Charter—Chapter 11
Section 11.05. LEASE OF PLANT.
The Council may, if the public interest will be served thereby, contract with any responsible person,
co-partnership or corporation for the operation of any utility owned by the City,upon such rentals
and conditions as may be deemed necessary,but such contract shall be embodied in and let only by
an ordinance approved by an affirmative vote of at least(4)members of the Council. In no case
shall such contract be for a longer term than ten(10)years. The contractor shall be subject as far as
possible to the rules as to rates and service, and as to the Council control, laid down for the holders
of franchises in Chapter 10 (Franchises and Public Utilities)of this Charter.
Section 11.06. PUBLIC UTILITY, HOW SOLD.
No public utility owned by the City, whether acquired prior to the adoption of this Charter or
thereafter, shall be sold or otherwise disposed of by the City, unless the full terms of the proposition
of said sale or other disposition thereof, together with the price to be paid therefore, shall be
embodied in an ordinance passed by an affirmative vote of at least four(4)members of the Council,
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and submitted to the electorate at a general or special election and approved by at least sixty percent
(60%)of those voting thereon. (Ref. Ord. 857)
Section 11.07
MUNICIPAL UTILITY ORGANIZATIONS
1. The Council by majority vote may provide for the establishment of a separate department to
administer the utility function, including the regulation of privately owned and operated
utilities and the operation of municipally owned utilities. Such department shall keep
separate financial and accounting records for each municipally owned and operated utility
and prior to the first day of each fiscal year shall prepare a comprehensive report of each
utility in accordance with the City Manager's specifications. (Ref. Ord. 857)
2. The responsible department or officer shall endeavor to make each utility financially
self-sustaining, unless the Council shall by ordinance adopt a different policy. After
providing for depreciation accruals and amortization of bonds, and for reasonable
accumulation of surplus, the utility shall apply all annual profits above bond interest to rate
reductions, particularly for promotion of utilization and for advancement of the economic
Page 2
Fridley City Charter—Chapter 11
and social interests of other municipal functions and shall not be used directly or indirectly
as a general revenue-producing agency for the City, but it may pay to the City such property
and other taxes as are normally placed upon private business enterprises.
Section 11.08. COMMISSION AT DISCRETION OF COUNCIL
The commission membership, organization, rules and regulations, officers, salary, jurisdiction,
powers, disbursements, reports and abolition of the commission will be at the discretion of the
Council by a majority vote.
Page 3