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CHM 02/04/2013 CITY OF FRIDLEY CHARTER COMMISSION MEETING FEBRUARY 4, 2013 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Donald Findell, Marion Flickinger, Carol Hoiby, Rick Nelson, Barb Reiland, Lois Scholzen and Cindy Soule. Members Absent: Commissioner s William Holm, Nancy Jorgenson, Ted Kranz, Pam Reynolds and Keith Shaw. Others Present: Deb Skogen, City Clerk/Staff Liaison and Cindy Ruschy Staff Liaison. APPROVAL OF AGENDA Commissioner Nelson MOVED and Commissioner Reiland seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Hoiby MOVED and Commissioner, Flickinger seconded a motion approving the Charter Commission meeting minutes of January 7, 2013. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Report of the Nominating Committee The Nominating Committee recommended the following nominations for the 2013-2014 Officers: Rick Nelson, Chairperson, Marion Flickinger, Vice Chairperson Donald Findell, Secretary. Commission Soule MOVED and Commissioner Hoiby seconded a motion to accept the th Nomination Committees report and to hold election of officers at the March 4 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. Ms. Skogen will prepare the report and mail a copy of the report to the Charter Commission members at least 30 days in advance of the next meeting. Adopted March 4, 2013 CHARTER COMMISSION MEETING OF FEBRUARY 4, 2013 PAGE 2 B. Commission Vacancy Deb Skogen will place an advertisement in the Fridley Focus and a notice on the City’s web page requesting applications for Commissioner’s vacancy. DISCUSSION OF CHAPTER 5 Commissioner Borman asked what all the discussion was. He was curious why Commissioner Reynolds did not like the different percentages. Commissioner Nelson said while she agreed the percentages should be the same, she felt that rather than increasing the percentage in initiative from 10 to 15% so it was the same as the referendum rather than decreasing the referendum percentage so it was the same as initiative. And then there was discussion about special elections rather than waiting for regular elections. Commissioner Borman said that was the discussion in November and the Commissioners agreed. Ms. Skogen said they were also changing the language from the number of registered voters on January 1st to the number of votes cast at the last state general election. She said the number of registered voters on any given day the State Voter Registration System (SVRS) can be different and you have to remember to print that report on January 1st. However, the number of votes cast at the last state general election will always be the same and easier to understand. This would also be consistent with state law pertaining to the Charter and it would be the same for both processes. All of the commissioners appear to be in agreement on this change. Commissioner Findell asked what the numbers would be with the change. Ms. Skogen said that 15% of the total votes cast at the election would be the same number as 10% of the registered voters on January 1st. The Commissioners felt the process should be serious and not easy to obtain and frivolous. Commissioner Braam said the Commission has been discussing this Chapter for over a year and asked how they wanted to proceed. Ms. Skogen said the only sections that needed review because of the confusion with election laws were Sections 5.07, 5.14 and 5.19. Commissioner Findell asked what the process would be after the amendment was approved. Ms. Skogen said it would go to council in ordinance format to schedule a public hearing. The public hearing must be held at least two weeks but no more than one month after the notice is published. She said once the amendment was approved, she would put it into ordinance format submit a memo providing background and the ordinance to council for their review notifying them of the date the public hearing will be held. Commissioner Braam wondered if the Council had received any information. Ms. Skogen stated staff has kept the city manager informed of the discussions. In Section 5.07, Ms. Skogen stated the seventeen weeks came from the changes made to state law for placing a charter amendment on the ballot. Her idea was to keep things consistent, but that for code changes it was not a requirement. Commissioner Findell wondered about the "within" the seventeen weeks and wondered if "at least" would be better language. Adopted March 4, 2013 CHARTER COMMISSION MEETING OF FEBRUARY 4, 2013 PAGE 3 There was further discussion the language in Section 5.07 should read, "... is to occur not less than seventeen weeks, the Council may..." The Commissioners concurred with the language. Ms. Skogen said during an even year with a state primary and state general election, a special election cannot be held from the date of the primary to 40 days after the general election (in December). If you are going to put something on a ballot, it would have to be put on the general election ballot. The original amendment was on a referendum, if a special election were "to occur within seventeen weeks after the final action." After further discussion by the Commission, the language to Section 5.14 was amended to read , "if the election is to occur not less than seventeen weeks. Commissioner Findell asked if the issue of not having special elections was due to the changes in state law and the inability to hold an special election during that time. Ms. Skogen said in Section 5.07 where it addresses 25% of the total votes cast, the discussion of the Commission was if you received a petition signed by 25% of the votes cast, it is most likely a serious issue and the question was, should you be able to have a special election. The discussion was to keep the special election, understanding the time constraints of election law. Commissioner Nelson said if a petition was received with the 15% capacity, the question would wait until the next regular municipal election. However, with the 25% capacity, the question could go to the general election if it was received in enough time or a special election could be called. Commissioner Soule she had been part of all of the discussions but was wondering if there might be a better way to amend the language. Commissioner Hoiby said the individuals would refer to this section when preparing a petition. Commissioner Braam wondered if there should be different language for odd/even years. Commissioner Findell felt the language would work. Commissioner Nelson said a petition could be received in the winter of an even year which would dictate a special election. Ms. Skogen said it would all depend on when the petition was received. If a petition is received in January you may have a special election, but if the petition isn't received until April or May, council may want to wait for the general election rather than having a special election before the primary election. Commissioner Findell asked how long petitioners had to circulate a petition before it was submitted. Ms. Skogen said they can take as much time as they want to circulate the petition. However, once it is received and verified it then goes to council for their action. To have it placed on the general election ballot, you really should have a petition turned in by July 1st so that action can be taken by the council and have enough time to provide notice to the county auditor. Adopted March 4, 2013 CHARTER COMMISSION MEETING OF FEBRUARY 4, 2013 PAGE 4 Commissioner Braam changed the discussion to address Section 5.19. The Commissioners amended the language to read, "...if the election is to occur not less than seventeen weeks after such meeting..." so it was consistent with Sections 5.07 and 5.14. Commissioner Soule said Sections 5.14 and 5.19 have a preposition after the words seventeen weeks. But in Section 5.07, there is no preposition and felt it was a little confusion. Commissioner Reiland said in Section 5.14 the words "after final action" were removed. Commissioner Soule felt the seventeen weeks was just kind of dangling in Sections 5.07 and 5.14. She didn't feel it made sense and was uncomfortable, but she wasn't quite sure how to remedy it. Ms. Skogen suggested, "unless prohibited by MN election law but not less than seventeen weeks if a regular municipal election is to occur, the council may...", to just switch the language. After further discussion Commissioner Nelson said it would really change the context of the language by changing it from within to not less than. If you are close to the election Ms. Skogen said they could just remove the seventeen weeks, as the seventeen weeks is a requirement to change a charter amendment. She said the regular election law says that the county auditor must be notified at least 74 days before the general election if there is going to be a question or council race on the ballot (which is mid-August. If you know that you need to provide notice to the County Auditor at least 74 days before the election, you would need to add additional time to allow the Council to have the issue and declare the election. In that case you would want council action to be complete at the last meeting in July or the first meeting in August. Commissioner Nelson MOVED and Commissioner Reiland seconded a motion amending Section 5.07 to read as follows: "....but if the number of signers of the petition is equal to at least twenty-five percent (25%) of the total votes cast at the last state general election in the City and submitted by July 1st, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st, the Council shall call a special election upon the measure. Such special election shall be held subject to Minnesota Election Laws." with the rest of the language following stricken. The Commissioners discussed removing the different dates and agreed it would be much easier to remove the dates and allow a special election to be held based on Minnesota Election Law. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Commissioner Nelson MOVED and Commissioner Borman seconded a motion amending Section 5.14 to read as follows: "If the Council votes to reaffirm the ordinance by August 1st of an even year, the questions shall be placed on the next regular municipal election ballot. If received after August 1st, the Council shall call a special election to be held subject to Minnesota Election Law. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Adopted March 4, 2013 CHARTER COMMISSION MEETING OF FEBRUARY 4, 2013 PAGE 5 Commissioner Nelson MOVED and Commissioner Hoiby seconded a motion amending Section 5.19 to read as follows: "The Council shall at its next meeting, by resolution, provide for the holding of a special recall election subject to Minnesota Election Law." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Commissioner Nelson MOVED and Commissioner Borman seconded a motion approving the amendments and authorizing the City Clerk to put the amendments into ordinance format and forward to the City Council for the public hearing. UPON A VOICE VOTE, WITH SOULE VOTING NAY, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. FUTURE MEETING TOPICS Attendance will be discussed at the next meeting. ADJOURNMENT: Commissioner Borman MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:36 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Peter Borman, Secretary City Clerk/Staff Liaison Adopted March 4, 2013