CHM 01/25/2010 - 29989CITY OF FRIDLEY
CHARTER COMMISSION MEETING
January 25, 2010
CALL TO ORDER:
Chairperson Soule called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Borman, Braam, Findell, Hoiby, Holm, Reynolds, Ryan, Scholzen, Shaw
and Soule
Members Absent: Commissioners Flickinger, Jorgenson, Kranz, Plummer and Nelson
Others Present: Deb Skogen, City Clerk/Staff Liaison
Cindy Ruschy, Assistant Staff Liaison
APPROVAL OF AGENDA
Deb Skogen requested that an item pertaining to Elections be added under future business.
Commissioner Hoiby MOVED and Commissioner Braam seconded a motion approving the meeting agenda as
amended.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
APPROVAL OF MINUTES
Chairperson Soule suggested changing the minutes on page 2, third paragraph under Discussion of proposed
amendment to chapter 7, by adding the word annually to the last sentence to read as follows:
"It would cost most residents about $39 annually rather than the $82 for property tax increase."
Commissioner Braam MOVED and Commissioner Holm seconded a motion approving the Charter Commission
meeting minutes as amended of October 26, 2009.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. Appointment of Nominating Committee
Chairperson Soule looked for volunteers to serve on the Nominating Committee. After discussion,
Commissioner Hoiby will serve as chair and Commissioners Braam and Ryan will serve on the
Committee.
Commissioner Braam wondered if any terms were expiring this year. Ms. Skogen reviewed the
membership information and reported Commissioners Flickinger, Kranz and Ryan's terms expire on
April 22, 2010.
Adopted 02 -22 -2010
CHARTER COMMISSION MEETING OF JANUARY 25, 2010
B. Review of By -Laws
PAGE 2
Chairperson Soule thought it would be a good idea for the Commission to review the by -laws. She said
there didn't appear to be any instructions on cancelling a meeting and wondered if there should be for
future reference.
Ms. Skogen said there was direction from the Commissioners from their last meeting that if there was
nothing new to add to the agenda, the meeting could be cancelled at the discretion of the Chair.
After discussing the by -laws, Commissioner Ryan MOVED and Commissioner Braam seconded a motion
to add the following language to Section VII. B.:
"There shall be no secret votes, other than contested election(s) of officers."
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION
CARRIED.
C. Status of Ordinance No. 1260 and Special Election
Ms. Skogen reviewed the results of the special election with the Commission stating that the amendment
failed and the ordinance was repealed. At the end of the last meeting you were discussing the Holm
amendment.
DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7
Commissioner Findell MOVED and Commissioner Borman seconded a motion removing the discussion of
Chapter 7 from the table.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
The Commissioners then began reviewing Amendment (c) (2) Holm Amendment where they left off their
discussion last fall.
Commissioner Borman MOVED and Commissioner Braam seconded a motion for the following changes:
Section 2 C changed back to read the same as it did before the changes in 2000 (without strikethrough); and
Section 2 D be changed to read; "The additional tax levy shall take effect if approved by a majority of the votes cast
on that ballot question.
There was some discussion on what a fee was and whether or not recycling was a fee or a charge. Commissioner
Reynolds said if the fee were increased it wouldn't have to go to the voters. Ms Skogen said the fee to the residents
could not go above the CIP or 5 %, whichever is less, without going to the voters and that the City is subsidizing
part of the recycling operation, which is required by state mandates.
Commissioner Holm said residents don't get charged for street lights, street maintenance, stop signs, etc. If the
city wanted to install those types of fees, you could call it anything you wanted to but they would still have to go
before the voters because it would be a new fee.
UPON A VOICE VOTE, COMMISSIONER REYNOLDS OPPOSED, CHAIRPERSON SOULE DECLARED
THE MOTION CARRIED ON A VOTE OF 9 -1.
Commissioner Borman MOVED and Commissioner Braam seconded a motion to keep the language in Section 3 B
and not take it out.
Adopted 02 -22 -2010
CHARTER COMMISSION MEETING OF JANUARY 25, 2010 PAGE 3
Commissioner Holm said by putting this language back in specifies what it does not include. He felt it didn't have
anything to do with increases in existing fees.
Commissioner Reynolds said that was correct, but Commissioner Holm said that you would have to change the title
in Section 3 which is for the creation of new fees. He felt this section needed more work and not just putting
language back into the section. It is more about establishing a new fee rather than increasing existing fees. He felt
if recycling fees was removed, there wouldn't be any other existing fees that were needed to be changed.
Chairperson Soule wondered what it would like 10 years from now if the city had created some new fees and the
city wanted to increase those fees, how would that be handled. He felt it would be handled like utilities to increase
the service.
UPON A VOICE VOTE, HOIBY VOTING NAY, CHAIRPERSON SOULE DECLARED THE MOTION
CARRIED BY A VOTE OF 9 -1.
Chairperson Soule said since the language was put back in, she felt that Section 3 was inconsistent with new fees
and wondered what the Commissioners wanted.
Commissioner Holm said he would try to re -write his amendment based on the discussion and provide it to the City
Clerk before the neat meeting so that it read better.
There was a discussion of cable franchise fees and gas and electric franchise fees. Ms. Skogen said the cable
franchise fees were put into place to help pay for public access. The electric and gas franchise fees themselves
were repealed in 1999, but the sections of the code defining what a gas or electric franchise was not repealed.
Commissioner Reynolds wondered if Chapter 11 of the Charter regulated the gas and electric franchise fees. Ms.
Skogen said the City Code currently regulates the gas and electric franchise fees because they are not owned by the
City. If the city did own a gas or electric company, Chapter 11 would then regulate those fees.
Commissioner Findell said franchise fees appear to be a reasonable revenue raising fee because it picks up other
entities that are not taxed at this time.
Commissioner Holm felt there was a need about addressing existing fees because there was the potential of some
fees being increased at a great rate that should require voter approval.
DISCUSSION OF FUTURE AGENDA ITEMS
Ms. Skogen said there will be a law introduced in the Legislature to move the primary to August 10th to allow 45,
rather than 30 days, for absentee ballot voting for the military and overseas voters. Chapter 4 of the Charter would
have to be changed to make it consistent with state law. She said there are other things pertaining to elections that
may need to be changed. She will review the charter and bring suggested changes to the next meeting.
ADJOURNMENT:
Commissioner Braam MOVED and Commissioner Holm seconded a motion to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED
AND THE MEETING WAS ADJOURNED AT 8:30 P.M.
Respectfully submitted,
Debra A. Skogen, City Clerk
Adopted 02 -22 -2010
CHARTER COMMISSION MEETING OF JANUARY 25, 2010
Carol Hoiby, Secretary
Adopted 02 -22 -2010
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