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CHM 10/03/2013 CITY OF FRIDLEY CHARTER COMMISSION MEETING October 7, 2013 CALL TO ORDER: Vice Chairperson Flickinger called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Don Findell, Marion Flickinger, Carol Hoiby, Bill Holm, Ted Kranz, Barb Reiland, Lois Scholzen, Cindy Soule and Richard Walch Members Absent: Commissioners Nancy Jorgenson, Rick Nelson, Novella Ollawore, and Pam Reynolds Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Deb Skogen request to add a discussion of Chapter 3 under Administrative Matters B. Commissioner Cindy Soule MOVED and Commissioner Gary Braam seconded a motion approving the meeting agenda with the addition of a Discussion of Chapter 3 under Administrative Matters B. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Braam MOVED and Commissioner Reiland seconded a motion approving the Charter Commission meeting minutes of September 9, 2013. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Update on Ordinance Amending Chapters 7, 8, 11 and 12 rd Deb Skogen said the ordinance was scheduled for the September 23 Council Meeting. Because there was a long lapse in time between its instruction in June of 2010, the City Attorney recommended a public hearing notice be published in the legal newspaper scheduling the continued public hearing for October th 28. B. Discussion of Chapter 3 – Reading of Ordinances rd Deb Skogen said Commissioner Reynolds had asked a question at the September 23 Council meeting during the second reading of an ordinance. She pointed out that the Charter requires an ordinance to be read in full at a Council meeting. The practice of the Council has been to have a motion “waiving the reading” for at least 23 years, since Roberta has been doing the council agenda. Staff researched city records to see if there were ever any discussions and could find no discussions. Staff discussed the matter with the City Attorney and the City Manager, both of whom feel there should be some clarification from Adopted 11/04/2011 CHARTER COMMISSION MEETING OF OCTOBER 3, 2011 PAGE 2 the Charter Commission so that is why the information was added to the agenda. She provided the e-mail information and examples of other city charters for reference. Peter Borman said he liked the City of Blaine’s information. Cindy Soule said this was under administrative matters and had some discomfort with other members not seeing the information before discussing it. She felt it was not urgent and could wait for the next meeting. Don Findell said he thought a 4/5 vote should be required to read an ordinance in full. Bill Holm suggested removing the 4 words “and read in full”. He wondered what the purpose was for reading it in full. Barb Reiland agreed the 4 words could be omitted from Section 3.04. Peter Borman said a change would also be needed to Section 3.05 to provide consistency. He said it was accepted practice of the City Council and there has been no public outcry that they are not in compliance. Peter Borman MOVED and Carol Hoiby seconded a motion tabling the discussion on Chapter 3 to the th November 4 meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED AND THE ITEM WAS TABLED TO NOVEMBER 4, 2013. DISCUSSION OF CHARTER COMMISSION BYLAWS Ted Kranz asked if the number for quorum should be changed to at least half of the members. The Commissioners discussed what a quorum meant and whether to change the number. After further discussion the commissioners agreed it would stay at 7. Commissioner Reiland MOVED and Commissioner Walch seconded a motion to approved the bylaws as amended and presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED AND THE BYLAWS WERE AMENDED. DISCUSSION OF OPEN MEETING LAW Staff provided a copy of the state law and other materials referencing the open meeting law. This was provided due to the changing electronic age. Staff was asked to provide an update after her attendance at the Open Meeting Law conference to be held at the end of October. DISCUSSION OF CHAPTER 1 Deb Skogen said she separated the paragraph out in Section 1.02 to make it easier to read as the paragraph was one long run-on sentence. The Commissioners began discussing it, but at the time felt there were no changes needed. They wanted more information on what municipal powers are in state statute, so staff will provide that information for the next meeting. Commissioner Borman MOVED and Commissioner Reiland seconded a motion tabling discussion of Chapter 1 to the November meeting. Adopted 11/04/2013 CHARTER COMMISSION MEETING OF OCTOBER 3, 2011 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED THE DISCUSSION WAS TABLED TO NOVEMBER 4, 2013. OTHER BUSINESS Deb Skogen provided the City Council 2014 calendar to allow the Commissioners to set their 2014 calendar Staff recommended moving the November meeting due to the election and how busy staff gets at that time. It was suggested the meeting either be cancelled or moved. The Commissioners determined the meeting could be moved to December. Ted Kranz MOVED and Barb Reiland seconded a motion to hold the Charter Commission meetings for 2014 on January 6, February 3, March 3, April 7, May 5, September 2, October 6, and December 1. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED AND THE 2014 CALANDER WAS APPROVED. FUTURE MEETING TOPICS Discussion of Chapter 3 Discussion of Chapter 1 Updated on the continued public hearing A verbal report of the open meeting law training session. ADJOURNMENT: Commissioner Bill Holm MOVED and Commissioner Ted Kranz seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON FLICKINGER DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:45 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Donald Findell, Secretary City Clerk/Staff Liaison Adopted 11/04/2013