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CHA 03/25/2002 rkTO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: March 19, 2002 CI1YOF Re: Charter Meeting of Monday, March 25, 2002 FRIDLEY' The next Charter Commission meeting will be held on Monday, March 25, 2002, in Meeting Room 1 in the lower level of City Hall. I have included the minutes of February 25th, working glossary, definitions from a Webster's Dictionary, memo from Cindy Soule on definition of sinking fund,the fall newsletter article, and a packet of information on the Charter from the League of Minnesota Cities. I have again asked Community Development for information on eminent domain and hope to have that information for you at the meeting. If you cannot attend the meeting,please contact me at 763-572-3523 or by e-mail at skogend(a`ci.fridley.mn.us. Thanks.. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MARCH 25, 2002 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: APPROVAL OF MINUTES February 25,2002 1. Administrative Matters 2. Discussion of Glossary/Index 3. Consideration of items for future discussion ADJOURNMENT Next regular meeting: April 22,2002 at 7:00 p.m. in Meeting Room 1 in the Lower Level /'-• CITY OF FRIDLEY CHARTER COMMISSION MEETING February 25,2002 CALL TO ORDER: Chairperson Gordon called the Charter Commission meeting to order at 7:05 p.m. ROLL CALL: Members Present: Don Findell,Ann Gerrety,Craig Gordon,Harry Heck,Carter Hendricks,Janet Johnson, Nancy Jorgenson,Maynard Nielsen(7:07 p.m.),Regina Querimit(7:45 pm)Cindy Soule, Francis Van Dan(7:09 p.m.) Members Absent: Bill Holm,Deborah Monden,Dale Warren,and Suzanne Warren Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: MOTION by Commissioner Soule seconded by Commissioner Hendricks to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF FEBRUARY 26,2001,CHARTER COMMISSION MINUTES: MOTION by Commissioner Heck seconded by Commissioner Hendricks to approve the January 28,2002,Charter Commission Minutes. Commissioner Heck requested two small changes to minutes on page 2,remove the repeated word petition and change uniformed to uninformed. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. As Commissioner Van Dan was not available immediately,the commission began discussing the glossary. Chairperson Gordon said that eminent domain should be added to the glossary. The commissioners discussed referring to the state statute or defining the term. The West Publishing definition was briefly discussed. Commissioner Van Dan was now present and the Commission turned the discussion back to Administrative Matters. 1. ADMINISTRATIVE MATTERS Commissioner Van Dan reported that the Nominating Committee had met over the phone to determine the nominations of officers for the next year. The Nominating Committee recommends as follows: Craig Gordon,Chairperson Don Findell,Vice Chairperson Debora Monden,Secretary CHARTER COMMISSION MEETING OF FEBRUARY 25,2002 PAGE 2 Chairperson Gordon opened the floor for further nominations. Commissioner Van Dan said there were two others P-C that may be interested in the position,but because they were on the nominating committee,they would have had to resign from the nominating Committee. Seeing no further nominations Chairperson Gordon declared the nominations closed. Commissioner Hendricks MOVED and Commissioner Jorgenson seconded a motion to accept the nominations as reported by the Nominating Committee. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Discussion of Glossary/Index The Commission returned to the discussion about eminent domain. Commissioner Van Dan expressed her concern with the West Publishing defmition and the different legal interpretations of eminent domain. She felt there was one place that was controversial,which was the word power and the payment of just compensation. The Commission further discussed the issue and it was determined to have two separate definitions to review: One without payment and one without the word just as defined by West Publishing. It was suggested that staff send another request to Community Development to have them outline the procedures the city would use if an eminent domain proceeding Commissioner Soule suggested adding the term Charter and Chairperson Gordon suggested adding the term Charter Commission to the glossary. Commissioner Van Dan reviewed the recent history in Columbia Heights regarding the City Council's desire to get rid of the Charter Commission,but decided instead to keep it. Commissioner Hendricks suggested using the recent Newsletter article that was written about the Charter Commission when looking for a defmition. He suggested possibly having a short executive summary at the beginning of the Charter explaining what the Charter was. Chairperson Gordon said a short definition should be part of the glossary,but possibly the history of the Charter Commission could be explained in the summary. Commissioner Van Dan suggested describing the power of the Commission,that it was a separate body appointed by the District Court,was an advisory body to the Council. She described Senator Betzold's petition amendment that changed the election process in the city. Commissioner Jorgenson said in the past the City Council had discussed televising all commission meetings. Commissioner Hendricks said that if meetings were televised,the Commission might have to change the format of their meetings. He suggested highlighting the Commission by having City Manager Bill Burns interview someone from the Commission on his weekly cable show. Commissioner Jorgenson said the Council met with the other commissions to review the results of the survey that was sent to all commissioners and said she would like to see the Charter Commission included in this process. She also would like to see the Commission formulate a relationship with the City Council. Commissioner Findell did not think the Commission could draw an audience to watch their meetings if they were televised. There was further discussion and an informal vote was taken to see if there was any interest in televising the meetings. There was no interest in televising the meetings,but there was interest in working with the City Manager to highlight the Commission on one of his cable shows. CHARTER COMMISSION MEETING OF FEBRUARY 25,2002 PAGE 3 Ms. Gerrety wondered if people knew they could voice a concern at a Charter Commission and suggested putting /""\ that in the defmition. Commissioner Hendricks suggested an outreach program to the community letting people know the Charter Commission works and how it can work with other groups. There was further discussion about community outreach and what the Commission's intent was. It was determined it was mainly to inform the community about the Commission and the process. Ms. Skogen was requested to look at the state statutes and newsletter article for a definition of Charter and Charter Commission. Commissioner Heck suggesting defining what a sinking fund was(Section 7.15.2). Commissioner Soule said she could possibly define what a sinking fund was and e-mail it to Deb. Commissioner Jorgenson suggested possibly defining discretionary funds and nondiscretionary funds. The terms will be added to the working glossary for the next meeting. ADJOURNMENT: MOTION by Commissioner Hendricks seconded by Commissioner Heck to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:00 P.M. Respectfully submitted, Debra A.Skogen, Deborah Monden,Secretary City Clerk/Staff Liaison 2002 Charter Commission Membership Alvite'Warren,Suzanne (h)574-0772 6-16-97(v) 1-24-99 6220 Jupiter Drive NE (w) 2-8-99 1-24-03 55432 Findell,Donald (h)763-571-0467 donfinder @aol.com 6-16-97 5-11-01 6850 Siverts Lane (w)Fax 763-571- 2-21-01 5-1-05 55432 7386 Gerrety,Anita (h)571-5586 a.themell @attnet 1602 Woodside Court (w)952-942-9110 55432 Gordon,Craig (h)574-9807 2-8-99(v) 5-11-01 PO Box 32622 (w)571-4959 2-21-01 5-1-05 55421 Heck,Scott"Harry" (h)572-0677 2-21-01 2-21-05 6032 2 1/2 Street NE (w) 55432 Hendricks,Carter (h)502-0828 carterh@hotmail.com 2-21-01 2-21-05 38 66th Way NE (w)651-603-6784 55432 Holm,William (h)784-7052 holm @goldengate.co 4-26-96(v) 5-24-99 7424 Melody Drive NE (w) m 4-9-99 5-24-03 55432 Johnson,Janet (h)571-8359 jjohnson @mediation.s 1579 Briardale Road (w)651-649-5426 tate.mn.us 55432 Jorgenson,Nancy (h)571-1648 Njorgenson @aol.com 2-21-01 2-21-05 5730 Polk Street NE (w) 55432 Monden,Deborah (h)783-1402 Dwmonden @aol.com 4-9-99(v) 1-24-03 211 79th Way NE,#2 (w) 55432 Nielsen,Maynard (h)763-571-6608 fax 763-571-6493 3-28-94(v) 2-7-95 7144 Riverview Terrace NE (w)612-272-2603 2-27-95 1-24-99 55432 2-8-99 1-24-03 Querimit,Regina (h)502-1563 4-9-99(v) 1-24-03 6069 Wood Lane NE (w) 55432 Soule,Cynthia (h)572-9666 csoule @elcabop.org 6-16-97 5-11-01 7838 Firwood Way (w) 2-21-01 5-1-05 55432 Van Dan,Francis (h)571-3177 bimipula @juno.com 5-5-95(v) 5-11-97 6342 Baker Avenue NE (w) 97? 5-11-01 55432 2-21-01 5-1-05 Warren,Dale (h)574-0772 warrend @ci.fridley.m 6220 Jupiter Drive NE (w)572-3523 n.us 55432 (h) (v) 1-24-03(Nee Vacant (w) Term) Skogen, Deb From: Cindy Soule [CSOULE @elcabop.org] p-stSent: Thursday, March 07, 2002 11:24 AM lo: Skogen, Deb Subject: Definition of Sinking Fund Hi Deb, Here is a definition of sinking fund from one of our investment analysts. It looks good to me. Hope you had a nice vacation. Cindy Original Message From: Diane Brehmer Sent: Thursday, March 07, 2002 11:08 AM To: Cindy Soule Subject: RE: Request for definition of an investment term Cindy: Here is a very brief and general definition of sinking fund. Let me know if you'd like more or less than this. Sinking Fund: money set aside in a special account for the purpose of redeeming or retiring bonds. Diane Original Message From: Cindy Soule Sent: Thursday, March 07, 2002 10:53 AM To: Diane Brehmer Subject: Request for definition of an investment term Hi Diane, In my world outside of the BOP I am assisting with a glossary of terms for the City of Fridley's City Charter. One of the terms on the list is 'sinking fund' . Could you point me to a reference or provide me with a 2-3 sentence definition of 'sinking fund' ? The target audience for the glossary is the general public. The context of usage in the charter is in reference to rules surrounding the City of Fridley's ability to issue municipal bonds. Thanks. Cindy **************************************************************************** This e-mail message may contain confidential information. If you have received this e- mail in error, please delete this copy from your system and notify the sender (and do not distribute it further) . Thank you. **************************************************************************** 1 11111111.11111111.1111111111711.1 tchsr•ter\'chart-ar\ n(ME charm. fr.OF,fr. ML charrula, fr.L, dim. of chartaj 1 : a written instrument or contract (as a deed) 226 executed in due form 2 a : a grant or guarantee of rights. franchises, or privileges from the sovereign power of a state or personnel b • food supplies c' a lunchroom esp. in a motions country b • an instrument in writing creating and defining the pe pP . ...Ranchises of a city, educational institution, or corporation c picture studio CONSTITUTION 3: an instrument in writing from the authorities icom•mis•sion \ka-'mish-an\ n [ME, fr. MF. fr. L commission-, f a society creating a lodge or branch 4 : a special privilege, commissio act of bringing together, fr. commisssus, pp. of commit- immunity.or exemption 5: a mercantile lease of a ship or some revel 1 a : a formal written warrant ranting the power to principal part of it perform various acts or duties b: a certificate conferring military =charter yr 1 a: to establish,enable,or convey by charter b Brit rank and authority; also : the rank and authority so conferred 2 : CERTIFY <a ^red mechanical engineer> 2 • to hire. rent, or : an authorization or command to act in a prescribed manner or lease for usu.exclusive and temporary use<^-ed a boat for deep-sea to perform prescribed acts: CHARGE 3 a: authority to act for,in "i fishing> syn see HIRE—char•ter•er\-ar-ar\ n behalf of,or in place of another b: a task or matter entrusted to ,e one as an agent for another<executed a for me abroad> 4 a 3charter adj : of, relating to. or being a travel arrangement in which transportation (as a bus or plane) is hired by and for one : a group of persons directed to perform same duty b : a specific group of people <a •r flight> government agency having administrative, legislative, or judicial chartered accountant n. Brit: a member of a chartered institute powers c : a city council having legislative and executive func- of accountants tions 5 : an act of committing something <charged with of charter member n • an original member of a society or corpora- felonies> 6 : a fee paid to an agent or employee for transacting tion —charter membership n a piece of business or performing a service; esp : a percentage of Chartism\'chart-.iz-am\ n [ML charts charter, fr. L,document] the money received from a total paid to the agent responsible for : the principles and practices of a body of 19th century English the business 7 : an act of entrusting or giving authority — in ' --r^--° •.tvneatina better social and industnal condi- commission or into commission 1 : under the authority of commissioners 2 of a ship: ready for active service 3: in use or in condition for use—on commission: with commission serving as partial or full pay for work done — out of commission 1 : out of active service or use 2 : out of working order 2commission vt com•mis•sioned; com•mis•sion•ing \'mish- (a-)nig\ 1: to furnish with a commission:as a: to confer a formal commission on <was^-ed lieutenant> b: to appoint or assign to a task or function<the writer who was ^-ed to do the biography> 2 : to order to be made <wealthy persons who -r ed portraits of themselves> 3 : to put (a ship) in commission commis-sion-sire \ka-.mish-a-'na(a)r, -'ne(a)r\ n [F commission- noire, fr. commission] chiefly Brit : a uniformed attendant commissioned officer n : an officer of the armed forces holding rank by virtue of a commission from the president • cor .mis•sion•er \ka-'mish-(a-)nar\ n : a person with a commis- sion:as a: a member of a commission b: the representative of the governmental authority in a district, province. or other unit often having both judicial and administrative Powers c : the officer in charge of a department or bureau of the public service d : the administrative head of a professional sport — com•mis-. sion•er•ship \-,ship\ n commission merchant n : one who buys or sells another's goods for a commission commission plan n : a method of municipal government under which a small elective commission exercises both executive and legislative powers and each commissioner directly administers one or more municipal departments corn-mis•sure \�kam-a-shu(a)r\ n [ME, fr. MF or L; MF, fr. L commissura a joining,fr. commisssus, pp.] 1 : the place where two bodies or parts unite : CLOSLRE 2 : a connecting band of nerve are made —Elinor Langer> dis•cre•tion•ary\'kresh-a-,ner-c\ udj 1 : left to discretion : ex- ercised at one's own discretion 2: available for discretionary use <— purchasing power> discretionary account n : a security or commodity market account in which an agent (as a broker)is given power of attorney allowing him to make independent decisions and buy and sell for the account of his principal dis•crim•i•na•bil•i•ty \-.knm-(a-)na-'bil-at-e\ n, pl •ties 1 : the -'•^lieu of being discriminable <the ^• of the various senses of a • •^ •icrriminate " • ranable of being CxCivu.u5 em•I-nen•cy \'em-a-nan-s5\ n, Qpl-cies: EMINENCE em-i•nent\'em-a-nant\adj[ME,fr. MF or L; MF.fr. L eminenk eminens, prp.of eminire to stand out.fr.e- + -minfre(akin to L moot-, mons mountain] 1 : standing out so as to be readily perceived or noted : CONSPICUOUS 2 •: jutting out: PROJECTING b : LOFTY. TOWERING 3 : exhibiting eminence esp. in standing above othefs in some quality or position : PROMINENT syn see FAMOUS—em-i•nent•ly ads eminent domain n : a right of a government to take private property for public use by virtue of the superior dominion of the sovereign power over all lands within its jurisdiction emir\i-mi(a)r.a.\n[Ar amir commander]: a native ruler in parts of Asia and Africa • emirate\i-'mir-at, a-. =mi(a)r-at\ n the ct•..^. 1101"°"' VI'S" ° Y°- and accumula by u sinking fund n : a fund set up deposits for paying o ff the principal of a debt wted hen it falls su. dot regular sinless\'sin-las\ adj free from sin : IMPECCABLE—sin•les:0y Working Glossary Charter Charter Commission Discretionary Funds Eminent Domain The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following just compensation to te owner of that property Or The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of compensation to te owner of that property Initiative An action by the voters to petition the city council to enact a new ordinance or to repeal an existing ordinance. Non-discretionary Funds Recall An action by the voters to remove an elected municipal official from office. Such action begins by petitioning the City Council alleging malfeasance or nonfeasance in office. Referendum An action by the voters to petition the city council to stop an ordinance from becoming effective, thereby allowing the city council to reconsider and repeal the ordinance or submit it to the voters at the next regular election. Sinking Fund