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03-09-2020 CITY OF FRIDLEY CHARTER COMMISSION MEETING MARCH 9, 2020 CALL TO ORDER: Chair Rolstad called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Donald Findell (remote participation), Manuel Granroos, Nikki Karnopp, Ted Kranz, Bruce Nelson, Rick Nelson, Courtney Rathke, Barb Reiland, Pam Reynolds, Val Rolstad, Cynthia Soule, Avonna Starck Members Absent: Commissioners Kelli Brillhart, Richard Johnston Others Present: Melissa Moore, Admin. Services Coord./Deputy City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Reiland seconded a motion approving the meeting agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR SOULE DECLARED THE MOTION CARRIED. Commissioner Reynolds asked if a review of the Bylaws should be added to the agenda, as an annual review is called for at the Annual Meeting. Ms. Moore asked the Commission if a review of the Bylaws may be considered at the April meeting due to Mr. Tienter’s absence at this evening’s meeting. Commissioner Reynolds suggested this be discussed during Future Meeting Topics. Chair Rolstad asked that a review of the Bylaws be added to Administrative Matters at the April 6, 2020 meeting. APPROVAL OF MINUTES Commissioner Braam had one revision to the February 3, 2020 minutes. Chair Rolstad was not in attendance at the meeting. Commissioner Rick Nelson MOVED and Commissioner Reynolds seconded a motion approving the meeting minutes of February 3, 2020 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR ROLSTAD DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 2 A. Annual Meeting - Election of Officers Ms. Moore noted a typo on the official ballot contained in the March 9, 2020 agenda packet. Commissioner Rick Nelson is asking to be considered for Chair, not Commissioner Bruce Nelson. She asked that the Commission strike through Commissioner Bruce Nelson’s name and write Rick Nelson. Commissioner Reynolds asked if prior to the vote, the Commission must suspend the Bylaws because they call for a secret ballot. Ms. Moore confirmed that according to Rosenberg’s Rules, the Commission must call for a temporary suspension of the Bylaws, which requires a 2/3 vote. The Bylaws would go back into effect after the election is done. Commissioner Findell MOVED and Commissioner Starck seconded a motion to temporarily suspend the Bylaws to allow for non-secret written ballots in the contested election of officers. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR ROLSTAD DECLARED THE MOTION CARRIED. Commissioner Rathke informed the Commission that she had not yet been administered the Oath of Office for Charter Commission appointment. Ms. Moore asked for a temporary recess of the meeting so she could print Commissioner Rathke’s Oath. Commissioner Rathke’s Oath of Office was administered and the March 9, 2020 meeting resumed. Chair Rolstad asked if there were any other nominations from the floor for any position. Hearing none Chair Rolstad asked for a motion to close nominations from the floor. Commissioner Soule MOVED and Commissioner Rathke seconded a motion to close nominations from the floor. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR ROLSTAD DECLARED THE MOTION CARRIED. Ms. Moore asked Chair Rolstad to ask for a teller committee to tabulate ballots. Commissioner Kranz and Commissioner Soule volunteered. Commissioners Kranz and Soule collected ballots from the group and counted votes for each position. Chair Rolstad asked Commissioner Findell to hold his ballot up to his screen so the group could see his selections. Commissioners Kranz and Soule added Commissioner Findell’s choices to their results. The teller committee presented a total of 13 ballots. Chair Rolstad asked Ms. Moore to read the individual ballots. They were as follows: Bruce Nelson: Val Rolstad, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Pam Reynolds: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Don Findell: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Cindy Soule: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Courtney Rathke: Val Rolstad, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Manuel Granroos: Val Rolstad, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Avonna Starck: Val Rolstad, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 3 Val Rolstad: Val Rolstad, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Barb Reiland: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Gary Braam: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Nikki Karnopp: Abstention for Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Ted Kranz: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary Rick Nelson: Rick Nelson, Chair; Kelli Brillhart, Vice Chair; Barb Reiland, Secretary. Ms. Moore confirmed the tallies counted by the teller committee were Rick Nelson received seven votes and Val Rolstad received five votes for Chair with one abstention. Kelli Brillhart received 13 votes for Vice Chair and Barb Reiland received 13 votes for Secretary. Chair Rick Nelson took over as Chair of the meeting. OLD BUSINESS A. Review of Chapter 12 – Miscellaneous Procedures Chair Nelson confirmed the addition of “In addition to the legal newspaper, such notices shall also be posted on the City website.” He asked for any further additions. None were given. Chair Nelson confirmed that no changes were made to Section 12.02. Chair Nelson confirmed that no additional changes were needed for Section 12.03. Commissioner Reynolds informed the Commission that Section 12.04 was the section she worked on to simplify the language and layout. Chair Nelson confirmed the work Commissioner Reynolds did on Section 12.04 is in Exhibit B. Commissioner Reynolds informed the Commission she did not add any additional text. She also informed the Commission there is nothing in the text pointing out this section would apply to commissioners, it only speaks to the Council or city employees. Commissioner Reiland asked what the definition of “frank” was. Commissioner Rathke answered that in this case a frank is a stamp for postage. Commissioner Nelson asked if the Commission liked the format of adding bullets to the paragraph. Commissioner Nelson added the new format is consistent with how some of the newer revisions of the Charter have been laid out. Commissioner Findell asked that the bullets be indented. Chair Nelson asked staff to format the paragraph similar to previous sections. Commissioner Granroos asked if “city officers” was a term to use in the title. Commissioner Reynolds answered that city officers refers to the City Manager and other directors. Commissioner Braam asked about other commission members. Commissioner Reynolds confirmed there is nothing in this section referring to other commission members. Commissioner Braam asked that other commissioners be noted in the title. Commissioner Rathke noted a difference in who the section applies to in the title CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 4 versus who it applies to in the section. She noted the need for a better connection between the title and the body of the text. Ms. Moore agreed to report back to the Commission with a definition of “city officers.” Chair Nelson confirmed the Commission wishes to know what the definition of “city officers” is and should other commission members be added to this section. Chair Nelson asked if the group wished to continue looking at the format of the section. Commissioner Kranz noted many other sections of the Charter contain bullet points. Chair Nelson asked if there was consensus. The group agreed. Chair Nelson asked if anyone opposed adding bullets, no one said yes. Chair Nelson asked staff to reformat Section 12.04 to reflect Commissioner Reynolds’ formatting suggestions. Commissioner Findell suggested the portion “with the exception of…” along with the two bullet points be separated in its own paragraph. The Commission agreed. Commissioner Reiland asked why public utilities are called out differently than anything else in the section. Chair Nelson noted this text was written decades ago, and its possible public utility corporations existed in Fridley who may have offered various incentives. This could happen again in the future. Commissioner Karnopp noted that the five bullet points outlining intangible things be added to the top, it does not matter if those things come from a public utility or some other group. Also, the sentence starting with “No member of the City Council…” should be deleted. Commissioner Rathke agreed they be added under “thing of value” and to strike the sentence about public utilities. Commissioner Rathke asked if the yellow highlighted sentence should be added back to account for what happens when a city officer violates this section. Chair Nelson noted there are other provisions with other bodies, where a violation of the section may not be a fireable offense. Commissioner Reiland asked if a statement regarding applicable laws could be added. Commissioner Rathke asked if there is an investigative process involved if someone were to violate this section. Chair Nelson noted his experience representing employees of labor unions who were under investigation where other laws applied to the situation. Commissioner Reynolds noted the group deleted the sentence due to staff’s comments, “at present, the language remains inconsistent with the powers and authorities of the City Manager to appoint and remove City staff. More importantly, the current text does not reflect other requirements outlined in Federal and/or State law such as the Minnesota Veterans Preference Act…” She added the group could leave the sentence in, but it has no real bearing on what will actually happen if a disciplinary action is needed. If the City Manager found out about a violation, they could fire the employee, then an administrative process would begin. But, the Charter says if you’re found guilty, you’re automatically removed. In real life that isn’t how it works. If the group wanted to put a sentence in the text that reflects what truly happens, the group could do that. Commissioner Reiland commented the current text leaves too much out in the open. Commissioner Rathke added there is no penalty stated. Commissioner Reiland recommended the text be left in and incorporate portions of staff’s comments regarding state and federal regulations generally. Chair Nelson led the discussion on revising the yellow highlighted sentence in Exhibit B. The Commission agreed the text should read: “A violation of any of the provisions of this Section shall CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 5 subject the offender to appropriate disciplinary action in compliance with all applicable laws and regulations.” Commissioner Reiland MOVED and Commissioner Rolstad seconded a motion to change the yellow highlighted sentence in Exhibit B. Commissioner Rathke offered a friendly amendment to say the text deleted at the February meeting should be reinserted and amended to read “A violation of any of the provisions of this Section shall subject the offender to appropriate disciplinary action in compliance with all applicable laws and regulations.” UPON A VOICE VOTE, ALL VOTING AYE, CHAIR NELSON DECLARED THE MOTION CARRIED. Chair Nelson opened the discussion on Section 12.05. Chair Nelson recalled that a list of employees and Councilmembers who were bonded would be provided to the Council on an annual basis. He asked if that language was still what the Commission wished to add. Commissioners Granroos and Reiland replied yes. Chair Nelson recalled that Councilmember-at-Large Ostwald noted such a list would be informational to the Council. Commissioner Reiland noted it should be a list was given to the Council annually, for reference purposes only, not for a substantive debate. Commissioner Reynolds added that if every employee was covered, there wouldn’t be a need for a list. Commissioner Rathke pointed to staff’s comment that all employees are covered with a $300,000 bond. Chair Nelson noted it was in the document notes, not in the document text. He suggested the following text: “A copy of the list and amount of the bonds for each office as outlined above, shall be provided to the Council on an annual basis for reference purposes.” Commissioner Rathke asked if “annual basis” should be defined. Commissioner Braam noted the Council runs on a fiscal year so the negotiations for the insurance bonds are part of the budget discussions. Chair Nelson MOVED and Commissioner Starck seconded a motion to add “A copy of the list and amount of the bonds for each office as outlined above, shall be provided to the Council on an annual basis for reference purposes.” UPON A VOICE VOTE, ALL VOTING AYE, CHAIR NELSON DECLARED THE MOTION CARRIED. Chair Nelson opened the discussion on Section 12.06. Commissioner Reynolds asked for particular clarification on this section. She noted the recommendation from staff talks about eliminating the requirement of the sale proceeds. She does not feel the Commission should do that, outlining her concerns of the profits from the sale of the old city hall property and where that money is going. She is concerned if the City nets money off of a particular property, that amount of money should be placed against the bond or the borrowing for the new city hall. In staff’s comment about making early payments to the 2017A Capital Improvement Bonds, she feels that staff should take the money and invest it, so in 2026 it can be applied to the bond. She does not want staff to take the sale proceeds of land the City already owned and put the CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 6 proceeds toward a different purpose. Additionally, Commissioner Reynolds recalls early repayment of bonds was allowed. She will look back at her materials from Ehlers to confirm. She concluded that even if early payments cannot be made, proceeds from the sale of land from the old city hall should be invested and earmarked for payment in 2026. Commissioner Karnopp asked if this was more of an issue of how the Council was appropriating the funds? Commissioner Rathke agreed she also would like to know the answer to Commissioner Reynolds’ concerns, but asked if this meeting was the appropriate venue to get that answer. Commissioner Reynolds responded that it should be because the Charter controls the sale of real property. Commissioner Rathke said this is something we need to discuss with Mr. Tienter or the Council so that the Commission has a better understanding of what is meant by this paragraph. Commissioner Reynolds also raised the question if staff take unused vehicles and equipment and put it online for auction, would those proceeds be covered by this section as well. Commissioner Karnopp wished to not get into too many specifics about how staff spend money. Commissioner Reiland does not want staff to sell the old city hall, take a bond out for a new building, use that money for something else and leave the taxpayers with the debt for a new city hall. Chair Nelson added that taking the language out suggested by staff would allow staff to use proceeds from the sale of real property for whatever they wanted. Commissioner Reiland gave the example that if the City sold a fire truck, the proceeds should go toward purchasing new equipment, not taking out new bonds to buy new equipment. Chair Nelson confirmed that this Section of the Charter pertains to real property - dirt. If the City sells a portion of land, this Section of the Charter dictates what the City may do with the sale proceeds. Commissioner Karnopp noted this group is asking staff and the Council to use the money responsibly. She said she assumes staff have plans for paying the bonds back. Commissioner Reynolds noted staff pay back the bonds in the amount of $2 million per year. Commissioner Findell does not want any of this section removed from the Charter. There is already the sentence saying the proceeds shall be used to retire any outstanding debt. He does not see a need to remove any language from this Section. Commissioner Reiland MOVED and Commissioner Kranz seconded a motion to not remove any text from Section 12.06 and keep it as is. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR NELSON DECLARED THE MOTION CARRIED. NEW BUSINESS FUTURE MEETING TOPICS/COMMUNICATIONS Chair Nelson asked if there was any new business to bring before the Commission. Chair Nelson affirmed that a review of the Bylaws will be added to the April 6, 2020 meeting. CHARTER COMMISSION MEETING OF MARCH 9, 2020 PAGE 7 Chair Nelson affirmed that a continued review of Chapter 12 will be added to the April 6, 2020 meeting, including revised language that was approved at this evening’s meeting. The next meeting will begin with a discussion of Section 12.07. Commissioner Rolstad asked if there was pre-meeting work that should be done on the Bylaws prior to the next meeting. Commissioner Reynolds noted the particular language regarding “secret ballots” should be the only change needed. Commissioner Kranz wished this to be put on the next agenda. He is not comfortable with everyone knowing who he voted for. Chair Nelson and Commissioner Reynolds noted that is a requirement according to the Open Meeting Law. The Bylaws’ wording calling for a “secret ballot” is what needs to change. Commissioner Reynolds asked about the letter Ms. Skogen sent to Chief Judge Meslow regarding Mr. Ostwald’s resignation citing he was resigning because our Charter specifically states no elected official may serve on the Charter Commission. She wished to know if that was accurate. She cannot find that language in the Charter and asked if anyone on the Commission knew why that was added to the letter to Chief Judge Meslow. Commissioner Starck added she had looked in the school board Bylaws and found no mention of such restriction. Ms. Moore confirmed no evidence of such a restriction in the Charter, or elsewhere in State statute. Commissioner Reynolds concluded that members of the Council could serve on the Charter Commission. She did not wish to add further discussion to a future meeting. ADJOURNMENT: Commissioner Granroos MOVED and Commissioner Reiland seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:28 P.M. Respectfully submitted, Melissa Moore Administrative Services Coordinator/Deputy City Clerk/Staff Liaison Commissioner Barb Reiland, Secretary