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