CHM 05/21/2001 - 00027202CITY OF FRIDLEY
CHARTER COMMISSION MEETING
May 21, 2001
CALL TO ORDER:
Chairperson Gordon called the Charter Commission meeting to order at 7:07 p.m.
ROLL CALL:
Members Present: Don Findell, Craig Gordon, Scott Heck, Nancy Jorgenson, Deborah Monden, Maynard
Nielsen, Regina Querimit, Francis Van Dan
Members Absent: Suzanne Alvite Warren, Carter Hendricks, Bill Holm, and Cindy Soule
Others Present: Deb Skogen, City Clerk/Staff Liaison
APPROVAL OF AGENDA:
MOTION by Commissioner Jorgenson seconded by Commissioner Nielsen to approve the agenda, with a change of
date reflected of the minutes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF APRIL 30, 2001, CHARTER COMMISSION MINUTES:
MOTION by Commissioner Monden seconded by Commissioner Findell to approve the April 30, 2001, Charter
Commission Minutes, changing the word Direction to Director under Discussion of Chapter 8.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
Chairperson Gordon noted there were three openings on the Charter Commission.
Commissioner VanDan commented on this relationship with outgoing Commissioner Fitzpatrick and commended
her and her former husband for all of the community involvement. Commissioner Gordon said a plaque and letter
had been sent to Ms. Fitzpatrick commending her community service.
2. DISCUSSION OF CHAPTER 9 - EMINENT DOMAIN
Commissioner Jorgenson said that eminent domain was used as a last resort and was used only if negotiations
broke down. She cited three examples of when the process might have been used:
• The apartment buildings that came down to put up Christianson Crossings - they could not negotiate a
reasonable term and the eminent domain process was used.
• Rental property near Moore lake - a one bedroom house; and
• It was suggested during the Medtronic project when negotiations broke down with one homeowner, but
everyone settled.
To the best of her knowledge it has not been used on residential property, only rental.
CHARTER COMMISSION MEETING OF MAY 21, 2001 PAGE 2
Commissioner Heck wondered what procedures were used and whether or not there was something in writing and
whether it was a common practice.
Commissioner Jorgenson said the Federal Housing Law was followed whereby an appraisal of the property is done
for use as a base price and additional costs are defined. She did not think the process would begin with eminent
domain as property owners to have rights and that negotiations would start the process.
Commissioner VanDan said the term eminent domain was a Latin term and it was not defined in the Constitution,
which described individual property. Commission Van Dan said that eminent domain was the taking of property.
She suggested including a definition of eminent domain at the beginning of the chapter.
Commissioner Heck said he was unfamiliar and had not experience with eminent domain and wondered whether
or not people had gotten a fair judgement on their property.
Commissioner Monden requested more information on the negotiation process as to what the city uses and how
much advance notice is given to a property owner before eminent domain is used.
Commissioner Jorgenson explained that the city hired a realtor to negotiate with property owners who would be
affected. She said cities have a definite obligation to property owners when property is taken for a public roadway
to negotiate a reasonable settlement.
Commissioner Monden said she would like to have more information on the process.
Ms. Skogen said she would have Community Development prepare a list of procedures used in acquiring property
for public use and forward the information to the Commission.
3. DISCUSSION OF GLOSSARY /INDEX
Commissioner Heck said he had reviewed Chapter 1 and did not see any vague language. He also would like to see
the Glossary become part of the Charter.
Commissioner Jorgenson said that if the commissioners found a word they were unsure of they could use the search
process to find out if the word was listed elsewhere in the charter.
There was a discussion on how they should pursue finding words that needed to be defined and it was determined
that each Commissioner should review the whole Charter this summer and come back with a list of terms that the
commissioners could agree upon.
4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION
Commissioner Jorgenson said she had received a request from a city council member to bring up Chapter 2,
Section 2.05, to see whether or not it could be changed. This section references that city council members cannot
work for the city during their tenure. She said Council Member Wolfe would like to have a gymnastics school for
youth through the Fridley Recreation Department, as the previous person who had the school is no longer doing it.
Council Member Wolfe thought the city could make some money on this school. She said she had suggested to
him that he do the school through School District 14's Community Education.
Commissioner Querimit felt that there was probably good reason why a council member could not work for the city
while serving on the council and that if it were changed for him, you would have to change it for others. She
thought the language should remain intact.
After further discussion, the Commissioners agreed the language should remain the same.
A request was made to have the bylaws and the minutes mailed to the commissioners in two to three weeks
CHARTER COMMISSION MEETING OF MAY 21, 2001
PAGE 3
Commissioner Jorgenson mentioned that federal changes in the Telecommunications Act have stripped the cities of
the power.
ADJOURNMENT:
MOTION by Commissioner Monden seconded by Commissioner Querimit to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8:05 P.M.
Respectfully submitted,
"aAVaJ
Debra A. Skogen,
City Clerk/Staff Liaison
Deborah Monden, Secretary