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CHM 02/22/2010 - 29990CITY OF FRIDLEY CHARTER COMMISSION MEETING February 22, 2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Marion Flickinger, Carol Hoiby, Bill Holm, Rick Nelson, Pam Reynolds, Noel Ryan and Cindy Soule Members Absent: Commissioners Don Findell, Nancy Jorgenson, Ted Kranz, Lois Scholzen and Keith Shaw Others Present: Deb Skogen, City Clerk and Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Ryan seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds suggested the word "tile" be changed to "title" on the top paragraph of page 3. Commissioner Braam MOVED and Commissioner Ryan seconded a motion approving the Charter Commission meeting minutes of January 25, 2010. with the change to page 3. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Report of Nominating Committee Commissioner Hoiby reviewed the Nominating Committee Report making the recommendation that Cindy Soule serve as Chairperson, Rick Nelson serve as Vice Chair and Carol Hoiby serve as secretary for the year 2010 -11. The actual election will take place at the March meeting. B. Review of By -Laws Amendment Chairperson Soule viewed the 2010 proposed by -law amendment. The vote on this amendment will take place at the March meeting. C. Reappointment of Commissioners Commissioner Holm MOVED and Commissioner Hoiby seconded a motion to recommend the reappointment of Commissioners Flickinger, Kranz and Ryan to serve an additional four year term and to submit their names to the Chief Judge upon the approval of Commissioner Kranz electing to serve an additional term. Adopted 03 -22 -2010 CHARTER COMMISSION MEETING OF FEBRUARY 22, 2010 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED UNANIMOUSLY. DISCUSSION OF CHAPTER 7 — HOLM AMENDMENT The Commission discussed the proposed amendments to Chapter 7. Commissioner Reynolds did not want to see recycling taken out of fees because the original petitioners for this language meant to include them. She suggested the City turn recycling back to Anoka County. Commissioner Borman didn't understand why the City couldn't charge the actual cost for the service because this service was mandated by the State. He suggested turning recycling back to the citizens and letting them pay for it individually from their garbage service. He said he was tired of big government and wanted to know what kind of controls Commissioner Reynolds wanted to place on the City Commissioner Reynolds said she did not think the City was required to provide recycling services; and that the County does not have a program. Commissioner Holm said it is the same argument as the water and sewer and the voters said not to make changes. He said while recycling was a big industry, the cost fluctuates and the citizens should pay the cost. Commissioner Reynolds said the contract offers profit sharing and that single store — no rebates would cost more money. Deb Skogen asked Commissioner Reynolds if the language were changed to omit recycling from fees if a referendum petition would again be circulated. Commissioner Reynolds said yes, if additional fees were created. Commissioner Nelson said without taking recycling fees, the city could not recoup recycling fees. Commissioner Holm thought the City would have to go to the voters. Commissioner Hoiby said this was their city and they needed to support their city. Commissioner Holm said some people did not want to support the city. Commissioner Ryan wanted to know who "these people" were — and why they want to run the city. The Commissioners discussed the volatility of recycling products; that the prices charged can change daily to weekly to monthly, and that there are warehouses full of paper stock. They then briefly discussed how many people they thought recycling in the City. Commissioner Flickinger said recycling fees were not an issue 10 years ago. Chairperson Soule suggested going through the amendment section by section. Commissioner Hoiby MOVED and Commissioner Nelson seconded a motion to review each proposal separately. UPON A VOICE VOTE, THE MOTION PASSED 7 -1 -1 WITH COMMISSIONER HOLM VOTING NAY AND COMMISSIONER REYNOLDS ABSTAINING. Commissioner Holm MOVED and Commissioner Braam seconded a motion to revise Section 7.02.2.D. back to 51% of the votes cast rather than a majority of the votes cast. Adopted 03 -22 -2010 CHARTER COMMISSION MEETING OF FEBRUARY 22, 2010 PAGE 3 UPON A VOICE VOTE, THE MOTION PASSED 7 -2 WITH COMMISSIONERS BORMAN AND RYAN VOTING NO. Commissioner Reynolds MOVED and Commissioner Holm seconded a motion to keep recycling fees in Section 7.02.3.A and to remove recycling fees in Section 7.02.3.13 or for clarification purposes to make no changes in these two sections. Commissioner Holm said while he would prefer to remove recycling from fees, he could compromise and leave it in because of the additional 2% allowed in Section 7.02.1. that it can add. Commissioner Ryan said she did not see where the Commission was compromising. UPON A VOICE VOTE, THE MOTION PASSED 5 TO 4 WITH COMMISSIONERS RYAN, NELSON, HOIBY AND BORMAN VOTING NAY. Commissioner Holm MOVED and Commissioner Braam seconded a motion changing Section 7.02.3.D.4 from majority of the votes cast on the ballot question to 51% of the votes cast on the ballot question. UPON A VOICE VOTE, THE MOTION PASSED 7 -2 WITH COMMISSIONERS RYAN AND BORMAN VOTING NAY. Commissioner Nelson MOVED and Commissioner Braam seconded a motion that Section 7.02.4 be moved from Section 7.02.3 UPON A VOICE VOTE, THE MOTION PASSED 8 -1 WITH COMMISSIONER BORMAN ABSTAINING. Commissioner Borman would like to see this amendment come back for more review. DISCUSSION OF CHAPTERS 4 AND 5 PERTAINING TO ELECTIONS Deb Skogen reviewed the legislative changes that are occurring and that the State Primary has been changed from September to August. She said the Commission should review these sections of the Charter based on the changes, but that the changes may not be complete until the end of April or beginning of May. Commissioner Borman MOVED and Commissioner Holm seconded a motion tabling the discussion of Chapters 4 and 5 until staff was informed as to the changes. UPON A VOICE VOTE, THE MOTION PASSED UNANIMOUSLY. ADJOURNMENT: Commissioner Nelson MOVED and Commissioner Ryan 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 8:10 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Carol Hoiby, Secretary Adopted 03 -22 -2010 Adopted 03 -22 -2010