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CHA 02/01/2016 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 1, 2016 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A UPPER LEVEL CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: Motion approving the February 1, 2016 agenda 2. APPROVAL OF MINUTES Motion approving the November 5, 2015 minutes 3. ADMINISTRATIVE MATTERS A. Update on vacancy B. Appointment of Nominations Committee 4. OLD BUSINESS 5. NEW BUSINESS 6. FUTURE MEETING TOPICS/COMMUNICATIONS A. Discussion of Chapter 10 (Tabled until after current franchise negotiations completed) 7. ADJOURNMENT Motion to adjourn the meeting Next Regular Commission Meeting Date: Monday, MARCH 7, 2016 Location: Fridley Municipal Center Conference Room A CITY OF FRIDLEY CHARTER COMMISSION MEETING NOVEMBER 2, 2015 CALL TO ORDER: Chairperson Reynolds called the Charter Commission meeting to order at 7:04 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Don Findell, Ted Kranz, Novella Ollawore, Barb Reiland, Pam Reynolds and Richard Walch Members Absent: Commissioners Marion Flickinger, Manuel Granroos, Rick Nelson, David Ostwald, Lois Scholzen, Cindy Soule and Arvonna Stark Others Present: Deb Skogen, City Clerk/Staff Liaison Councilmember Jim Saefke APPROVAL OF AGENDA Commissioner Borman MOVED and Commissioner Reiland seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES rdnd Commissioner Findell requested that on page 4, 3 paragraph, 2 line from the bottom, that the Commissioner Borman MOVED and Commissioner Reiland seconded a motion approving the Charter Commission meeting minutes of October 5, 2015 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Presentation of Certificate to Commissioner Borman Chairperson Reynolds presented a Certificate of Appreciation to Commissioner Borman for his tenure on the Commission. Commissioner Borman served from December 3, 2003 to November 24, 2015. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 2, 2015 PAGE 2 B.Update on Vacancy Ms. Skogen reported that while there were two inquiries, one decided not to apply and she had not received an application from the other individual. Information has been C.Setting Meeting Dates for 2016 Commissioner Braam MOVED and Commissioner Kranz seconded a motion scheduling the 2016 meeting dates for January 4; February 1; March 7; April 4; May 2; September 6; October 3; and November 1. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. OLD BUSINESS A.Draft Ordinance of Chapter 6 Purchases and Contracts The Commissioners reviewed the amendments to Chapter 6. They agreed the Chapter read smoothly and was easier to understand. Commissioner Saefke said he had reviewed their recommend changes felt the changes helped clear up some language. By moving a few words around it was easier to understand. Commissioner Findell said they discussed who would replace the city manager if they were out of town or on vacation. The Commissioners determined they could insert uncilmember Saefke said in the past a department head was designated you did not always know who the acting city manager was. He thought this would be better, as they would be notified who the acting city manager would be. Commissioner Braam MOVED and Commissioner Findell seconded a motion recommending that the draft ordinance of Charter Chapter 6 be forwarded to the City Council for their review and action. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. Ms. Skogen said she would provide the information to the City Manager to put in the Councils Friday information packet and would prepare a memo setting a public hearing date for the proposed ordinance. After the public hearing is held, the Council would then have a first and second reading of the ordinance. The ordinance would have to be passed unanimously by the Council to be adopted. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 2, 2015 PAGE 3 B.Discussion of Chapter 10 Chairperson Reynolds said Chapter 10 was up for discussion. Included in the agenda were the franchise chapters from several other city charters. Ms. Skogen said that CenturyLink had requested the City Council begin the process outlined in Minnesota state law to consider an additional cable communications nd franchise. She said the deadline for submission of the application is December 2. The they are a qualified applicant. A public hearing has been scheduled for December 28 for public comment. At which time any other cable franchise organization, the applicant and the public may address the City Council about the franchise application. After the public hearing, the City Council will then determine whether or not to negotiate for a cable franchise hearing. Because of the request from CenturyLink, she recommended holding off on reviewing Chapter 10 until after negotiations. After some discussion, Commissioner Braam MOVED and Commissioner Kranz seconded a motion tabling the discussion on Chapter 10 until after negotiations have been completed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. NEW BUSINESS A.Reformatting of Sections 1.02 The Commission reviewed the bulleted format of Section 1.04. They felt it was much easier to understand in bullet form rather than in one large paragraph. As there were no changes made to this section other than reformatting, it was not necessary to draft an ordinance. Commissioner Kranz MOVED and Commissioner Braam seconded a motion to have the staff provide the reformatted text to the Commissioners and update the web site as well. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. B.Reformatting of Section 4.08 At this time there was no reformatting necessary as it had been done when the chapter had been amended in 2013. C.Reformatting of Sections 7.04, 7.15 and 7.18 DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 2, 2015 PAGE 4 The Commissioners reviewed the bulleted format of Sections 7.04, 7.15 and 7.18. They felt it was easier to understand in bullet form rather than in one large paragraph. As there were no changes made to these sections other than reformatting it, it was not necessary to draft an ordinance. Commissioner Findell MOVED and Commissioner Braam seconded a motion to have the staff provide the reformatted text to the Commissioners and update the web site as well. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. FUTURE MEETING TOPICS/COMMUNICATIONS Approval of Minutes Update on vacancy ADJOURNMENT: Commissioner Braam MOVED and Commissioner Ollawore seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:04 P.M. Respectfully submitted, Debra A. Skogen City Clerk/Staff Liaison Commissioner Donald Findell Secretary DRAFT FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Adopted April 7, 2014 I. NAME -- the name of the organization shall be the Fridley Home Rule Charter Commission. II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to meet the needs of the residents of Fridley. III. MEETINGS A. Commission meetings will be held in the Fridley Municipal Center; or a designated public location upon proper notice. The dates will be set for the next calendar year annually at the last meeting of the year. B. The annual meeting shall be held in March of each year. C. Special meetings may be called by the Chair; or, the Chair, upon receipt of a written request signed by five (5) members, shall, within ten (10) days, call a special meeting upon proper notice. D. A quorum to conduct business shall be determined according to the following schedule: Number of Appointed Charter Commission Members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 E.Except as provided in these by-laws, all meetings shall be governed in accordance with Rules of Order (2011). F.The time of the meeting shall be called by the chair. If there is not a quorum within ten minutes after the meeting time is to commence, the members shall be dismissed. However, if the chair felt there was important business to be addressed, the chair would have the discretion to ask members to stay longer, but may not exceed an additional 10 minutes past the specified time. IV. MEMBERSHIP -- The membership of this organization shall be 15 members. A. All members shall be expected to attend all meetings. If unable to attend, the member shall inform either the Chair or the Secretary as to the reason. 04/07/14 Approved By-Laws Page 2 B. Any member missing four (4) consecutive meetings without an adequate excuse, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the Court, supporting by two-thirds (2/3) of the Commission members present and voting. V. OFFICERS A. Election of Officers. 1. The officers of this organization shall be a Chair, Vice Chair and a Secretary. 2. The Chair, Vice Chair and Secretary shall be elected from the membership of the Commission. 3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting. No officer shall serve more than two consecutive terms in the same office. 4. All officers shall begin their terms of office upon election to that office. 5. Election to vacant offices shall be made from the floor at the next meeting following the meeting at which the vacancy is declared. 6. Officers of this organization shall be declared duly elected by a simple majority vote of those present and voting. B. Duties of Officers. 1. The Chair shall have the following responsibilities: to call all regular and special meetings, preside at all meetings, set the agenda, implement the decisions of this Commission and participate in all Commission decisions as a voting member. 2. The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform these duties, the Vice Chair shall discharge such duties. 3. The Secretary shall be responsible for: keeping an accurate record of attendance, recording of minutes at all meetings, distributing minutes to members within a reasonable time, giving notice to members who have missed three (3) consecutive meetings pursuant to Article IV, Section B, of the By-Laws, transmitting all correspondence and related resource material concerning this Commission to the City Clerk for retention and presiding at meetings in the absence of the Chair and Vice Chair. 04/07/14 Approved By-Laws Page 3 VI. COMMITTEES A.The Chair shall have the power to create committees, appoint members and designate chairs of those committees. B. In January of each year the Chair shall appoint a nominating committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. A written report of such nominations shall be mailed to each member at least ten (10) days before the annual meeting. VII. VOTING A. A majority vote of members present shall be sufficient to pass motions and resolutions except as provided elsewhere. B. There shall be no secret votes, other than contested election(s) of officers. VIII. ORDER OF BUSINESS 1. Call to Order by the Chair. 2. Roll Call. 3. Approval of Minutes. 4. Report of Officers. 5. Report of Committee. 6. Considerations of communications. 7. Old Business. 8. New Business. 9. Adjournment. IX. AMENDMENT A. These by-laws can be amended at any regular meeting of the Commission by a two- thirds (2/3) vote of those presents, provided that the amendment has been submitted in writing to the members at least two (2) weeks before the vote on the amendment.