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10-05-2020 CITY OF FRIDLEY CHARTER COMMISSION MEETING OCTOBER 5, 2020 CALL TO ORDER: Vice Chair Tem Brillhart called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Donald Findell, Manuel Granroos, Nikki Karnopp, Ted Kranz, Bruce Nelson, Courtney Rathke, Barb Reiland, Val Rolstad, Cynthia Soule, Avonna Starck, Kelli Brillhart Members Absent: Commissioners Pam Reynolds, Rick Nelson, Richard Johnston Others Present: Melissa Moore, Admin. Services Coord./Deputy City Clerk/Staff Liaison; Dan Tienter, Finance Director APPROVAL OF AGENDA Commissioner Starck MOVED and Commissioner Findell seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Findell had two revisions to the March 9, 2020 minutes. Page three add a comma in the third paragraph toward the bottom, “Mr. Nelson added, the new format…; page five, middle of the page, Commissioner Reynolds added that if every employee was covered, there wouldn’t be a need for a list. On page seven before the adjournment Commissioner Reynolds talked about Council not being able to serve on the Commission and he understands Council can serve on Commissions. He asked if Mr. Ostwald could rejoin the Charter Commission (Commission). Dan Tienter, Finance Director, stated that there are no openings on the Commission at this time, but if there was an opening, the Commission could entertain Council members if they would like. At this time, he is not aware of any provisions that Council cannot participate on Commissions. Commissioner Reiland abstained from approving the minutes as she did not have time to review. Commissioner Soule MOVED and Commissioner Findell seconded a motion approving the meeting minutes of March 9, 2020 as amended. CHARTER COMMISSION MEETING OF OCTOBER 5, 2020 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Review of the Bylaws Mr. Tienter said that staff have prepared a preliminary review of the Commission’s Bylaws. The substantive changes are a deletion in Section VII regarding voting for contested election(s) of officers. Section VII of the Commission Bylaws suggest that a secret vote is permissible in contested elections of officers. However, the Commission is subject to all of the same statutory requirements (M.S. § 13D.01 subd. 4) as the City Council when it comes to voting on matters, including the election of officers or any other internal matters. In the case of a contested election, there must be no secret ballots. If the Commission uses ballots, every Commissioner’s ballot must be read aloud and reflected in the minutes. Additional minor revisions are included related to capitalization, all of which are underlined in the draft. Commissioner Kranz mentioned that he was not comfortable with voting as the Commission did at the last meeting and wanted the secret ballot topic brought up for discussion as it relates to open meeting law. The fact that the law states that there must be no secret ballot, which addressed his concern. Commissioner Reiland noted that wherever chair or vice chair is spelled it looks weird. Ms. Moore replied that those are grammatical edits and suggested changes. Commissioner Findell asked that once approved today’s date would be listed on the bylaws. Mr. Tienter said that if there are further revisions, they will be brought back to the November meeting for approval. If everyone had a chance to read through the Bylaws, and if there were no further changes, staff recommends the Commission entertain a motion to accept the revised Bylaws. Commissioner Starck MOVED and Commissioner Reiland seconded a motion approving the amended Bylaws as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED. OLD BUSINESS A. Review of Chapter 12 12.07 - Vacation of Streets Mr. Tienter said that the Commission provided direction to staff to review this chapter and make comments, suggestions and provide examples. Staff surveyed surrounding communities to see what type of language they use. This language is not designed to adopt into Charter but to offer a flavor of how similar communities’ language handle these issues. The Commission could consider revising this chapter to allow approval for the majority for vacation of streets. It is up to the Commission but statutorily State Law does require 4/5 vote for statutory cities. So, the Commission could decide to leave it as it is at 4/5 requirement but could modify that language. The City of Anoka provides for a simple motion. This section does require some type of notice requirement, but there is no CHARTER COMMISSION MEETING OF OCTOBER 5, 2020 PAGE 3 prescription on how long that notice should be. Typically, State Law is two weeks or ten days, but the Commission can decide. It is helpful for staff to know what the minimum requirements are for notice to give people the appropriate amount of time. This section could be removed entirely because State Law does control timing for vacation of streets and supplemental language is in section 12.11 for application for general laws. This section does not need to be included but could be included. The Commission could consider striking out this section entirely and let the State Law govern, which requires a two week publishing notice per Minnesota Statute § 412.851. Vice Chair Brillhart said that the options are to strike out this section and let State Law govern and asked if State Law has an indication notice period or do we still need this language to cover the notice period. Mr. Tienter said that State Law has a two week publish and posted notice and a written notice to be sent at least ten days before the hearing. Commissioner Rathke likes the simplicity of striking this section. Commissioner Findell recommends leaving it in there and inserting a clause that says, “in accordance with state statute and upon further terms and such procedure by ordinance prescribed.” Commissioner Reiland thinks it’s easier to refer someone to go to the Charter to look this up than trying to find the policy in State Statute. Commissioner Soule asked what the official newspaper was for publishing since the Focus is no longer in existence. Mr. Tienter replied “The Life” newspaper is the City’s designated official publication. Vice Chair Brillhart asked what is easier for staff to reference State Law or have the section left where it is with added reference to State Law. Mr. Tienter replied that staff would look at both Charter and State Law for vacation of streets. Commissioner Findell suggested to continue a sentence “such vacation can be made after notice and hearing of affective property owners in accordance with State Statute, and upon further terms and sets procedure as a Council by ordinance prescribed.” Commissioner Findell MOVED and Commissioner Soule seconded a motion approving section 12.07 as amended. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER RATHKE VOTING NAY, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED. 12.08 – Damage Suits Mr. Tienter said that in review of other city charters, they did not have reference to damages. This falls under the area of discretionary immunity. Local government is immune from any liability that is related to performance or failure to perform certain duties. In Section 12.08.2 Council has broad immunity as does the City. The statute talks about 180 days and the Charter is more permissive than State Law, therefore staff recommends Commission remove this section. State Law does a better job at protecting the City than what is written in our Charter. Commissioner Granroos asked if this just protects the City and its interests, it doesn’t take care of the complainant in this issue, they cannot file a tort or anything like that against the City. Mr. Tienter replied that that they can file a claim against the City, but it has to be within State Statute § 466.11. Most of the time items are reviewed by the League of Minnesota Cities Insurance Trust and they make a determination before we proceed with a claim against the City. The League of MN Cities does an excellent job at reviewing the claims. CHARTER COMMISSION MEETING OF OCTOBER 5, 2020 PAGE 4 Commissioner Starck MOVED and Commissioner Reiland seconded a motion to strike Sections 12.08, 1 and 2. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED. FUTURE MEETING TOPICS/COMMUNICATIONS  Last meeting of the year will present 2021 calendar.  Keeping Zoom as a meeting option going forward  Continue review of Chapter 12. ADJOURNMENT: Commissioner Starck MOVED and Commissioner Reiland seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIR BRILLHART DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:00 P.M. Respectfully submitted, Krista Peterson Recording Secretary