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CHM 09/27/2010 - 29994CITY OF FRIDLEY CHARTER COMMISSION MEETING September 27, 2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Marion Flickinger, Carol Hoiby, Bill Holm, Ted Kranz, Rick Nelson, Pam Reynolds, Noel Ryan, Lois Scholzen and Cindy Soule Members Absent: Commissioners Peter Borman, Don Findell, Nancy Jorgenson, Leslie Plummer and Keith Shaw Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Nelson seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Deb Skogen, reviewed several changes to the minutes she had found since sending the minutes out. There was no further discussion. Commissioner Kranz MOVED and Commissioner Reynolds seconded a motion approving the Charter Commission meeting minutes of May 24, 2010, as amended UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Deb Skogen explained the ordinance the Charter recommended to the City Council proposing changes to Chapter 7 -12 had been received and a public hearing had been held. At the end of the public hearing, the City Council decided to send the ordinance back to the Charter Commission for further clarifications and continued the public hearing. The matters in question were: Section 8.01 — it was suggested that the words transportation lines be changed to transportation modes or something to reflect today's terminologies. Section 11.08 — the City Council was wondering what the thought process was by adding the language. Section 12.01 — The City Council felt the language was redundant and wondered whether it should be changed to reflect state statute. Commissioner Nelson said mode was not the same thing as line, that it was a type of transportation rather than something physical the Council could assess for. Adopted 10 -25 -10 CHARTER COMMISSION MEETING OF SEPTEMBER 27, 2010 PAGE 2 Commissioner Reynolds thought mode could mean motorcycle, bicycle, railroad, and the city did not own those. Commissioner Nelson MOVED and Commissioner Reynolds seconded to change transportation line to transportation corridors and/or facilities. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen said she would also check with Community Development to see how the term is referenced in the City's comprehensive plan. Chairperson Soule said she remembered putting the language into Section 11.08 to be more explicit as to what type of Commission could be created. Commissioner Nelson felt it was to define what a public utilities commission was and to allow them to establish it. Commissioner Holm felt it was merely a clarification to identify the name of the Commission. It was suggested that Deb Skogen review the minutes to reflect the thought process of the Commission and provide it to the Commission at the next meeting. Section 12.01 was then discussed and it was recommended to break -up sentences and to remove the words typewritten and mimeographed. After further discussion, Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion to change the language to read as follows: "At its discretion, the City Council may also provide for the publication of, but not limited to, the annual budget, ordinances and resolutions. Such publications may be done by mailing or posting of 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 to the above, the city council may use electronic means for publication." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen was directed to redraft the ordinance and prepare it for the next Commission agenda. DISCUSSION OF CHAPTER 7 There was no discussion of Chapter 7 and it remained tabled until further notice. DISCUSSION OF CHAPTER 2 — COUNCIL VACANCIES Prior to removing this from the table, Deb Skogen briefly reviewed the possible need to amend this chapter. She said based on the new election laws, you cannot hold a special election between August 10 and December 13 during even numbered years. In addition, why would you want to pay to have a special election during an election year. She said the charter really did not address a vacancy between the first and third years, but it did for the fourth year. She understood that there had been a lot of resistance from the City Council in the past to allow for the appointment of an individual, but that there were some cities that did provide for an appointment until the next regular election to allow for continued representation. Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion removing Chapter 2 from the table for discussion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Adopted 10 -25 -10 CHARTER COMMISSION MEETING OF SEPTEMBER 27, 2010 PAGE 3 It was suggested that Deb Skogen provide a memo to the City Council explaining the issue and asking them how they would like this issue to proceed. There was a discussion about whether this had been an issue in the past. It was when Councilmember Fitzpatrick and Mayor Nee were both ill, but that Councilmember Schneider had resisted the change. Deb Skogen said there may be a time where a councilmember has to resign and she gave two instances in Coon Rapids where councilmembers had to resign. One resigned one week after he took office for a four year term and one resigned because he could not be employed for 30 days to begin collecting his PERA pension. In both cases, their charter allowed for the appointment of an individual until the next regular election. In the instance of the first councilmember, an individual was appointed to fulfill a two year term and if they chose to run for the remaining two year term of the office, they could at that time. In the second case, they appointed an individual to fulfill the last six months of the term. It was recommended again that Deb Skogen provide information to the City Council and provide language from other cities to the Charter Commission at the next meeting. DISCUSSION OF CHAPTER 5 — INITIATIVE, REFERENDUM AND RECALL Deb Skogen reviewed some of the changes she thought should be made due to the change in election law. It was suggested that she provide those changes in an ordinance format to the next meeting and the item remained tabled. FUTURE AGENDA ITEMS The Commissioners will address the 2011 Charter Commission Calendar, Ordinance Amending Chapters 7 -12, Chapter 2 and Chapter 5. ADJOURNMENT: Commissioner Braam MOVED and Commissioner Hoiby 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 8:20 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Carol Hoiby, Secretary Adopted 10 -25 -10