Loading...
CHA 02/03/2014 � FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 3, 2014 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A—Upper Level 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES January 6,2014 5. ADMINISTRATIVE MATTERS A. Report of Nominations Committee B. Vacancy � 6. DISCUSSION OF CHAPTER 3 7. DISCUSSION-CHAPTER 1 (REFERS TO MN STATURES CH 410)(TABLED) 8. OTHER BUSINESS 9. FUTURE MEETING TOPICS Discussion of Pros and Cons of Being Charter City(Tabled to February 2014) Motion to remove from the table is in order as it was tabled to this specific meeting 10. ADJOURNMENT Next Regular Commission meeting March 3, 2014 Conference Room A - Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING January 6,2014 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam,Cazol Hoiby,Bill Holm,Rick Nelson,Novella Olawore, Barb Reiland,Cindy Soule,Lois Scholzen,Richard Walch Members Absent: Don Findell,Marion Flickinger,Ted Kranz and Pam Reynolds Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Holm MOVED and Commissioner Braam seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Comxnissioner Braam MOVED and Commissioner Holxn seconded a motion approving the Charter Commission meeting minutes of November 4,2013. UPON A VOICE VOTE,ALL VOTING AYE,CHAIltPERSON NELSON DECLARED THE MOTION Ct�RRIED. ADMINISTRATIVE MATTERS � A. Deb Skogen said the second reading of the ordinance amending Chapters 7-12 of the Charter was adopted on December 2°d. The ordinance was published on December 12�and becomes effective March 7`�. The new pages will be provided to the Charter Commission in March. B. Chairperson Nelson appointed Commissioners Reiland and Walch to serve on the Nominating Committee. C. Deb Skogen reported Nancy Jorgenson had provided her resignation that aftemoon due to conflicting schedules. An article about the vacancy will be sent to the Fridley Sun Focus and placed on the Web Site. DISCUSSION OF CHAPTER 3 Deb Skogen provided two handouts,one with information from Minnesota cities and one from cities throughout the US pertaining to reading of ordinances. She suggested staying with the process that has been used and not changing the process as there is no history of complaints. She said the City Manager thought they should clarify or qualify what individuals other than city council could ask to have a bill read(i.e.,eligible voter). He was more comfortable with having just the City Council ask to have the bill read as they were representing the people and was concerned that an individual asking to have a bill read out loud could be trying to prolong or disrupt a meeting or issue,or an individual may do it frequently if allowed. She said it was ultimately up to the Charter Commission. CHARTER COMMISSION MEETING OF JANUARY 6,2014 PAGE 2 Commissioner Hoiby wondered if individuals at the meeting would laiow the process;that they would have to ask their councilmember to have the item read out loud. Bazb Reiland suggested having the information with the agenda information. Comxnissioner Walch said he understood that someone could try to filibuster or use some kind of procedural process to disrupt a meeting. He wondered how many time this might happen or how long they might be. Ms Skogen said on average an ordinance could be 1 to 5 pages,but if you were doing a certain section of the code it could be 40 to 50 pages in length. She said the reseazch from the League of Minnesota Cities confirmed there was no legal requirement by state statute to read the ordinance out loud or that the word"read"be used. She said Fritz Knaak said the reason for reading an ordinance out loud in the past was due to the number of copies that were available. He cited an example of a bill that would have changed the State capital to St.Peter,in that there was only one copy of the bill available and when the bill went missing,the bill died because there was not another copy available. Whereas now we have multiple copies in paper or electronic format available. Commissioner Hoiby asked if hard copies were available at the meeting. Ms. Skogen said there was one printed public copy available for individuals to review. She said they aze available online prior to and after the meeting,and, in addition,they could request a copy be made available for them prior to the meeting. Commissioner Reiland said they were given the task of looking up defmitions of"read"and"presenY'. She said present would be to just to infroduce or exhibit it,wluch was what the council was doing now. She wondered if they could use the word present instead of read. Ms. Skogen said most cities say it must be presented in writing. Some cities say it has to be read,some say to just read the title only,or dispense with the reading. She said the process they use is to dispense with the full reading with the exception of the title,wluch is read as part of the motion. Commissioner Holm asked why this was an issue. Commissioner Nelson explained that Commissioner Reynolds was at a meeting where the city council was holding the second reading of an ordinance. She said she had not been aware of the first reading and asked the question about procedure and why it was not read in full as the Charter stated. He said the ordinance was about a salary increase for the city council,which included benefits. Ms. Skogen said the Charter stated that it had to be read in full but it doesn't state whether it had to be read out loud or silently. Commissioner Nelson felt if it says read in full,then it should be read out loud. Commissioner Reiland said she assumed the councilmembers have read the ordinance or resolution prior to coming to the meeting and did not feel like it had to be read out loud. Commissioner Holm wondered if there was any discussion about the ordinance or whether it was read out loud. Ms.Skogen said she did not request to have it read out loud,she was asking about the procedure and wanted to point out that she did not think the part-time city council members should have the same benefits as full-time employees. She laiew it had been on the agenda the previous year and questioned whether it had been removed from the table or if it was a new ordinance that was introduced,as she had not been aware of it prior to that evening. Commissioner Borman said it was also about not following proper rules and that their proper rules are not identified. Ms.Skogen said she researched the issue as a result of Commissioner Reynold's question. Ordinance No. 1 set the rules and procedures and order of business and adopted Roberts Rules of Order in 1949. Ordinance No. 67 amended that ordinance,but continued to refer to Roberts Rules of Order. The Charter was adopted after an election in 1957 which provides today's language and does not specifically identify which rules should be followed. The assumption is since they were following Roberts Rules of Order they continued to follow them but did not officially adopt their CHARTER COMMISSION MEETING OF JANUARY 6,2014 PAGE 3 own rules and procedures after the charter election. The only other time the rules were discussed was in 1990 when Steve Billings asked questions about specific motions. The City Attomey at that time thought they should use a different set of Rules because Roberts Rules was more geared towards larger bodies than smaller bodies. But there was no official action taken at that time. She has brought the matter to the attention of the City Council and they are now reviewing the information provided by staff. They are reviewing Rosenberg's Rules of Order Revised 2011 which was created for smaller groups. When she spoke with the council about the possible change in the charter requiring they adopt their rules annually,the council felt as long as they adopted it officially by resolution,the rules would stay in place until another resolution replaced them. Ms. Skogen will e-mail those rules to the Commission for their review. Commissioner Holm said if the council adopted a resolution,the change made requiring it annually would not be necessary. Commissioner Nelson said he would like to see the rules and order of business posted somewhere so people would know the meeting procedures. The majority of the commissioners agreed with him. Ms. Skogen said you could also post them on the web as other cities have done as well,but wasn't sure it needed to be placed in the Charter or individuals could call the city and obtain a copy. After further discussion,Commissioner Walch MOVED and Commissioner Reiland seconded a motion that Section 3.03.Rules of Quorum and Procedure be amended as follows: "...The council shall determine and specifv by resolution°««"^��°'�^°„'^�m°°�:~°^''•"^"^°r its own rules and order of business and shall keep a journal of its proceedings. A couv of the rules and order of business shall be available in the city council chambers and/or upon request"... UPON A VOICE VOTE,ALL VOTING AYE,CHAIltPERSON NELSON DECLARED THE MOTION CARRIED. Commissioner Nelson was concerned about removing Fridley resident from this Section and leaving it to City Council. He said he could have his councilmember to remove it,but what if they disagreed. Commissioner Soule asked why they had to be a resident,why not a property owner that owns property but doesn't live in the city. A discussion then ensued and renters were also discussed. It was deteimined the language would remain the same. Commissioner Reiland said the question is reading in full and what was gained? She felt it should be available,but not read. Commissioner Holm suggested amending Section 3.04 read as follows: "Every ordinance and resolution shall be presented in writing and shall be read in full unless such reading is waived by unanimous vote of the council." And eliminating the additional new language. Due to the lack of a second,the motion failed. Commissioner Walch said if a councilmember wanted an ordinance or resolution read,they could vote against waiving the reading. He said it was nice to have a deliberative representative body take time to review it. Commissioner Braam said you could be at the meeting representing your business and if you ask them to remove it and read it and they chose not to,they could be affecting someone's business without taking time to really explain what an issue might be all about. Commissioner Olawore said there might be people who want to waste time by asking the council to read an ordinance,but there might be some that don't quite understand and may be looking for a clarification on a part of the ordinance. Commissioner Holm asked about the current issue of organized refuse collection. There was a brief discussion about the process. . CHARTER COMMISSION MEETING OF JANUARY 6,2014 PAGE 4 Commissioner Walch said there are individuals that come to a meeting that are not fully informed and that a public reading would be valuable,and not necessarily that an individual may be trying to stall the meeting. The way it was worded at the last meeting would allow the council to continue with the process they are using,but allows for a councilmember or individual to request it be read,either in full or a portion of it read. Commissioner Holm said it would be like the issue of the increases for water or sewer and tying the increase to the rate of inflation or 5%,you might could not increase the additional charge the Metropolitan Council might charge or the pass through charges. Commissioner 011awore said there may be individuals that want just a section read and not necessarily the whole ordinance read in full. She said while it didn't say at the mayor's discretion,she felt the mayor could ask questions to get the direction or clarification from the individual as to what they might want. Commissioner Reiland MOVED and Commissioner 011awore seconded a motion that Section 3.04.Ordinances, Resolutions and Motions read the same by amending the language as follows: "...Every ordinance and resolution shall be presented in writing and shall not be read in full unless requested bv a councilmember or a Fridley resident at the meetin�in which it is introduced before the vote is taken thereon" ... UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION CARRIEA The Commissioners discussed how to amend the langvage in Section 3.05 to create consistency in this Chapter. The definitions of read and present were provided and there was no real clear direction. Ms. Skogen had contacted Fritz Knaak,former city attomey,and asked him a question. He said the reason ordinances or other legislation were read out loud in the past is because there were usually only one or two copies available. Due to today's communication, that is no longer necessary as individuals may now read them electronically or in paper. After further discussion,Commissioner Reiland MOVED and Commissioner.Borman seconded a motion that Section 3.05.Procedures on Ordinances,shall be amended as follows: "Every ordinance other emergency ordinances shall�e be presented according to Section 3.04 at two(2)�is �ea�l citv council meetin�s with at least seven(7)days between the meetings."... UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 1 Commissioner Borman MOVED and Commissioner Reiland seconded a motion tabling discussion of Chapter 1 to next meeting. UPON A VOICE VOTE,ALL VOTiNG AYE,CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. FUTURE TOPICS FOR DISCUSSION Nominating Committee Report Vacancy Discussion of Chapter 3 Discussion of Chapter 1 (remove from table) Discussion of being a Charter City(remove from table) Commissioner Borman said that statutory cities do not require more than one reading of an ordinance and felt that requiring two readings could be a pro of being a charter city. , CHARTER COMMISSION MEETING OF JANUARY 6,2014 PAGE 5 ADJOURNMENT: Commissioner Braam MOVED and Commissioner Soule seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 835 P.M. Respectfully submitted, Debra A. Skogen, Commissioner ponald Findell,Secretary City Clerk/Staff Liaison FRIDLEY CITY CHARTER CHAPTER 3. PROCEDURE OF COUNCIL Section 3.01. COiINCIL MEETINGS. 1. The Council sha11 hold the first regular meeting of the year on or before the ninth day of January. At this meeting any newly elected members of the Council sha11 assume their duties. Thereafter,the Council shall hold regulaz meetings at a fixed time at least once each month as prescribed by resolution. A regular meeting is one that is scheduled by resolution, at which formal action is taken, and for which minutes are recorded. 2. A special meeting of the Council may be called as needed by the Mayor or any two (2) Councilmembers upon compliance with the notification requirements in Minnesota statutes and upon at least twelve (12) hours' notice to each member of the Council. Such notice must be communicated personally to each member or to a person of suitable age and discretion residing at the member's usual place of residence, or notice of the meeting must be transmitted to the member's residence. The presence of any member of the Council at a special meeting sha11 constitute a waiver of any formal notice unless the member appears for the purpose of objecting to the holding of the meeting. Formal action is taken at a special meeting, and minutes are recorded. 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. Most conference meetings should be scheduled at the same time as the City Council schedule is made by resolution. (Ref. Ord. 1252) 4. All meetings of the Council sha11 be public unless otherwise specified by law. Any person sha11 have access to any Council meeting minutes or records at all reasonable times unless access is restricted by state or federal law. (Ref. Special Election 4/12/60, Ord. 857, Ord. 1074) Section 3.02. SECRETARY OF COITNCIL. The Council shall approve a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. (Ref. Ord. 1252) Section 3.03. RULES OF QUORUM AND PROCEDURE. A majority of seated Councilxnembers constitute a quorum for purposes of canvassing an election. For all other purposes three Councilmembers constitute a quorum to do business, but a lesser number may adjourn from time to time. The Mayor and other members of the Council each have one vote. The Council shall determine and specifv b�resolution � its own rules and order of business and shall keep a journal of its proceedings. A copv of the rules and order of business shall be available in the citv council chambers and/or upon request. (Ref. Ord. 1074) O1/06/14 Fridley City Charter Section 3.07.2 Section 3.04. ORDINANCES,RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and shall not be read in full unless requested bv a councilmember or a Fridlev resident at the meeting in which it is introduced before the vote is taken thereon. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and nays shall be recorded unless the vote is declared unanimous. An affirmative vote of at least three(3)members of the Council is required for the passage of all ordinances, except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting, except as otherwise provided in this Charter. (Ref. Ord. 1252) Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall �a�e be presented accordin�to Section 3.04 at two (2) citv council meetings with at least seven (7) days between the meetin�s. Any legislation prescribing a penalty for its violation shall be enacted in the form of an ordinance. (Ref. Ord. 1074) Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and nays. (Ref. Ord. 1252) 2. No person(s), firm or corporation charged with violation of the emergency ordinance shall be prosecuted unless: a) the person(s), firm or corporation has had notice of the passage of the ordinance;or b) the ordinance has been filed with the City Clerk, posted in three conspicuous places in the City, and twenty-four(24)hours after the filing and posting have elapsed; or c) the ordinance has been published. 3. No grant of any franchise sha11 ever be made by an emergency ordinance. (Ref. Ord. 1074) Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or�-#�ee� ' Mayor Pro Tem, and attested by the City Clerk, published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect,the Council may by three(3)ai�irmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary,with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council O1/06/14 / Fridley City Charter Section 3.10 shall approve a text of the suminary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill a111egal requirements 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication sha11 be attached to and filed with the ordinance. 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council,be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any deparirnent of the State of Minnesota affecting the City or any statute of the S�ate of Minnesota, or any publish�ed code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference and by marking a copy of it as "official copy" and filing it for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fu11y satisfied by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780, Ord. 1074) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of tlus Chapter, and ordinances making the annual tau levy, disbursing money, deteimining the annual budget and providing for local improvements and assessments take effect immediately upon their passage. Every other ordinance enacted by the Council takes effect fifteen (15) days after the date of its publication, unless a later effective date is fixed in it. A resolution takes effect upon its passage. (Ref. Ord. 1074) Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section of an ordinance sha11 be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section of an ordinance shall be amended by reference to its title alone. The amending ordinance shall set forth in full each section or subsection as amended. This requirement shall not apply to amendments to zoning ordinances. (Ref. Ord. 1074) Section 3.10. CODIFICATION OF ORDINANCES. � The ordinances of the City sha11, at intervals of not more than ten (10) years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it sha11 be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City Clerk,that the publication is correct, and each copy so published shall be received in evidence in a11 courts for the purpose of providing the ordinances contained in it, the same as if the original ordinances were produced in court. (Ref. Ord. 1252) O1/06/14