CHA 04/22/2002 digTO: Charter Commission Members
FROM: Deb Skogen, City Clerk and Staff Liaison
Date: April 19, 2002
CITYOF Re: Charter Meeting of Monday, April 22, 2002
FRIDLEY
The next Charter Commission meeting will be held on Monday, April 22, 2002, in Meeting
Room 1 in the lower level of City Hall.
I have included the minutes of March 25th, the working glossary, and definitions from a
Webster's Dictionary.
Unfortunately I have not had time to work on the language change for sinking fund in the
Charter as we discussed at the meeting. I will try to have that information for you on Monday
evening.
I received a letter of resignation for Carter Hendricks on April 3 and have included it in the
packet for your information. In addition, I ran into Char Fitzpatrick last week here at City Hall.
She is again home and ready to go back to work on the Commission if you are looking for a new
member. An application has been mailed to her for her to complete,but you may want to discuss
this at the meeting.
If you cannot attend the meeting, please contact me at 763-572-3523 or by e-mail at
skogend @ci.fridley.mn.us. Thanks.
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY, APRIL 22, 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
March 25,2002
1. Administrative Matters
2. Discussion of Glossary/Index
3. Consideration of items for future discussion
ADJOURNMENT
Next regular meeting: May 20,2002 at 7:00 p.m. in Meeting Room 1 in the Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
March 25,2002
CALL TO ORDER:
Chairperson Gordon called the Charter Commission meeting to order at 7:06 p.m.
ROLL CALL:
Members Present: Suzanne Alvite'Warren,Don Findell,Ann Gerrety,Craig Gordon,Bill Holm,Janet
Johnson,Nancy Jorgenson,Francis Van Dan,and Dale Warren
Members Absent: Harry Heck,Carter Hendricks,Deborah Monden,Maynard Nielsen,Regina Querimit,
Cindy Soule
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
MOTION by Commissioner Van Dan seconded by Commissioner Jorgenson to approve the agenda.
Commissioner Holm said he understood that the election was to take place at the annual meeting in March.
Commissioner Van Dan said she made a motion at the meeting for the election of officers that was not reflected in
■—•■ the minutes. Ms. Skogen reviewed her notes and stated it was in her short-hand minutes and had just been missed
when preparing the minutes.
Commissioner Holm said he wanted to take exception to the election,because the nominations were supposed to be
mailed out to members before the election,but did not think they could elect officers at the same time the
nominations were reported.
Commissioner Holm asked to amend the agenda to discuss the election of officers under administrative matters.
Commissioners Van Dan and Jorgenson agreed this as a friendly amendment.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE AGENDA WAS APPROVED AS AMENDED.
APPROVAL OF FEBRUARY 25,2002,CHARTER COMMISSION MINUTES:
MOTION by Commissioner Jorgenson seconded by Commissioner Van Dan to approve the February 25,2002,
Charter Commission Minutes.
Commissioner Gerrety said her first name was misspelled.
Commissioner Van Dan requested the minutes be changed on page 1 under Administrative Matters,the word
"recommends"should be changed to"recommended" Commissioner Van Dan request the minutes be amended to
reflect the motion for the election of officers. In addition,Commissioner Van Dan requested that the words"is used"
be added to the end of second paragraph of Item 2 and that the paragraph discussion the Columbia Heights Charter
be changed to read as follows:
Commissioner Van Dan reviewed Ikea recent attempt histery in Columbia Heights regarding the City Council's
desire to abandon get of the Charter Ceemissien,but eventually decided to keep it.
CHARTER COMMISSION MEETING OF MARCH 25,2002 PAGE 2
/"\ UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MINUTES WERE APPROVED AS AMENDED.
1. ADMINISTRATIVE MATTERS
Chairperson Gordon said he spoke with Bill Bums,City Manager,regarding the possibility of showcasing the
Charter Commission. Mr.Burns said he was interested and would look at doing it later this year. He said that Mr.
Bums would come to the Charter Commission to review the survey and budget,but he has conflicts with the Monday
evening schedule due to the city council meetings. Commissioner Gordon suggested to Mr.Bums that the
Commission could possibly change the meeting to a different evening and Mr.Burns agreed he would come.
Commissioner Jorgenson suggested possibly holding a June meeting,which is about the time of year the council
begins their budget discussions. Commissioner Findell suggested meeting with another Commission that would be
receiving a presentation to make it a little easier for Mr.Burns. Ms. Skogen will contact the City Manager's office to
fmd out when Mr.Bums will be meeting with the various other City Commissions.
Election of Officers
Commissioner Holm said he understood that the election was to take place at the annual meeting in March and
wanted to take exception to the election,because the by-laws require that the nominations be mailed out to members
before the election. He did not think they could elect officers at the same time the nominations were reported.
Commissioner Van Dan reported the Nominating Committee's recommendation for officers. The nominating
committee recommended the re-election of the existing officers: Graig Gordon,Chairperson;Don Findell,Vice
President;and Deborah Monden,Secretary.
There was some discussion of some of the members of the Nominating Committee possibly wanting to run for office,
but they decided instead to nominate the existing officers to another term.
Commissioner Jorgenson MOVED and Commissioner Van Dan seconded a motion to reconsider the election of
officers held on February 25,2002,because proper notice was not received by all members.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE MOTION TO RECONSIDER WAS APPROVED.
Commissioner Jorgenson MOVED and Commissioner Holm seconded a motion to elect the slate of officers
recommended by Nominating Committee.
Chairperson Gordon asked if there were any other nominations. Commissioner Holm MOVED and Commissioner
Jorgenson seconded a motion that the nominations be closed.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE NOMINATIONS WERE CLOSED.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE ELECTION OF OFFICERS WAS OFFICIAL.
2. DISCUSSION OF GLOSSARY/INDEX
Chairperson asked if anyone had any input or discussion of the working glossary or new terms or items that should
be added to the glossary.
Commissioner Jorgenson said she would like to add the definition Cindy Soule sent about the sinking fund,as it was
pretty concise and was the same basic thoughts of Commissioner Van Dan.
CHARTER COMMISSION MEETING OF MARCH 25,2002 PAGE 3
Ms. Skogen said Finance Director Pribyl said the term"sinking funds"should not be used,because the terminology
has changed and it is now considered a"reserve fund for debt service."
Commissioner Van Dan defined Charter is a document defming,describing the powers the freeholders grant their
government. Defming and regulating relations between government and the governed,the rights and powers of the
principles.
Commissioner Holm said he would like to see it in writing,as well as the term that was from the dictionary,"an
instrument in writing,creating,defming and franchising of city,education institution or corporation."
Commissioner Jorgenson suggested keeping the language at a level people would understand,as most people would
not understand the term freeholder.
Chairperson Gordon said the two definitions should be included in the glossary.
Back to the term"sinking funds,"Ms. Skogen said Mr.Pribyl described the funds as legally obligated funds
dedicated or reserved for debt service or other specific purposes.
Commissioner Jorgenson said that the Minnesota Statutes required cities to have debt service funds and can no
longer use the term sinking funds. So that you are not collecting in excess of what you need. If you have a sewer
project,you only collect what you need for the debt on the sewer project.
Ms. Skogen said Mr.Pribyl described sinking funds as a dedicated form of payment for the debt service in the past.
Commissioner Findell wondered if the charter should be changed,and all agreed the terminology should be
reviewed. Sinking Funds can be found in Chapter 7, Section 7.15.2.
The Commission asked if Mr.Pribyl might be able to provide the new term as well as a definition of the term.
Commissioner Van Dan said she did not like the term reserve fund as there are many kinds of reserve funds. She
said dedicated funds were funds that could not be touched but for the dedicated purposes. Dedication is the crucial
term to the reduction of public debt.
Commissioner Van Dan wanted to redefine initiative as an action by the voters to enact a new ordinance or to repeal
an existing one,taking out the term to"petition the city council."
Commissioner Jorgenson said that the voters could not enact or repeal an ordinance and that it could only be done by
petition.
Commissioner Van Dan said that was all described in the Charter and did not feel the terms to petition the city
council needed to be included.
Commissioner Jorgenson felt that it should remain the same because if they did look further into the charter and only
reviewed the terms,they could become confused. She said this would be contrary to what they were trying to do by
creating this glossary.
Commissioner Findell agreed with Commissioner Jorgenson that petitioning the city council was important and if
you just referred them back to the Charter,what good was the glossary.
Commissioner Holm said it was always a problem and it was always hard trying to determine how much to include in
your definition. He wondered if Commissioner Van Dan wanted to then change the terms referendum and recall as
well.
Commissioner Van Dan said no for recall,but for referendum she would take out the terminology.
CHARTER COMMISSION MEETING OF MARCH 25,2002 PAGE 4
Commissioner Findell said it was an issue that really confused him a few years ago and felt it was important to say
/""N that it is an action to stop an ordinance from becoming effective.
Commissioner Jorgenson said any member of the Charter Commission could place a referendum on the ballot by
circulating a petition with the appropriate number of signatures,just as Senator Betzold had when he chaired the
Commission to change from odd to even year elections.
Chairperson Gordon asked if they should put Commissioner Van Dan's defmition of initiative in the glossary with
the other defmition.
Commissioner Jorgenson wondered why the defmition was being discussed as they had already worked on the
definition that most Commissioners approved. She said she did not want to revisit the terms several different times.
Commissioner Holm said he liked the language the way it was. He agreed it was a little more definition,but that was
how he thought the glossary should be.
Commissioner Alvite'Warren expressed her concern with the glossary saying she did not support it to begin with.
She felt that they could possibly cause unintentional problems with the Charter and did not want to see it become a
part of the Charter but a document the Commission would work with. There was further discussion on the issue as
to whether the glossary should be a document used by the Commission or whether it should be included as part of the
Charter. It was determined the issue needed further discussion. At this time they are doing the glossary as an
exercise in the Commission's own education.
3. Consideration of Items for Future Discussion
"Sinking Funds"should be redefined in the Charter.
Commissioner Jorgenson said Commissioner Hendricks has purchased a new home in Brooklyn Park and will be
resigning from the Commission. The Commission will need to look for another member.
Commissioner Alvite'Warren wondered if the Commission might wrap things up for the next two meetings and
begin again in the fall.
Further discussion of Glossary/Index.
ADJOURNMENT:
MOTION by Commissioner Holm seconded by Commissioner Alvite'Warren 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
City Clerk's Office
Date Received 'r 3-G1 a-
Forward to Ciz1lt.c..- %_
April 1, 2002 Copy to
,
DearOt.S :
I am writing to inform you of a decision that my wife and I have made. Faye and I have
decided to move our family to Brooklyn Park. In early December, we began discussing
the possibility of moving, but felt like we wanted to stay in the Fridley community.
However, after some searching, we came to realize that we would have to expand our
search to include the surrounding area. Well, in early March, we put our house on the
market. It sold in two days. We found a house that we liked, in a nice neighborhood
with tons of kids for our daughter to play with, in Brooklyn Park. We will be moving on
April 27, 2002.
I inform you of this decision because I have grown to respect and value our relationship.
I have been treated with respect and integrity by every professional that I have
volunteered with on city commissions, school district advisory committees, 49ers Day
committee, Values 1St initiative, and the Fridley Area Jaycees.
I truly appreciate the diversity and sincerity of the leaders and people of Fridley. This is
a great community with great people. It has been my family's privilege to live here.
That being said, we still hope to be involved in this area. We have committed to staying
involved with the Fridley Area Jaycees and with the Values PI initiative. Our
commitment to improving this community remains. Though, we will also get involved in
Brooklyn Park.
In fact, with the support of friends and family, I have decided to seek the DFL
endorsement for the House of Representative seat in House district 47B (Brooklyn Park/
Coon Rapids area). This is currently an open seat. I am pursuing this end because I
believe in public service and because I believe in"putting your money where your mouth
is." As my wife can attest,my mouth is always rambling about some issue or concern. If
given the opportunity, I'll bring passion and energy in fighting for public education,
transportation resources, quality housing initiatives, livable wages, and the environment.
Finally, I thank you for your friendship and collegiality. I wish you the best of luck in all
that you do. If you ever need anything,please don't hesitate to contact me.
Sincerely,
Carter Hendricks
38 66th Way NE (as of 4/27/02) 6408 88th Ave N
Fridley MN 55432 Brooklyn Park MN 55445
763-227-6728 Same Phone Number
carterh @hotmail.com
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tchar•terC'chiirt-ar\ n[ME charm. fr.OF,fr. ML chartula. fr.L.
dim. of charta] 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 es in a motions
country b : an instrument in writing creating and defining the pe pP p
franchises of a city, educational institution, or corporation c picture studio
�\CONSTITUTION 3: an instrument in writing from the authorities tcom•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. commisus, pp. of commit-
immunity.or exemption 5: a mercantile lease of a ship or some tore] 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 vt 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
"r fishing> syn see HIRE—Chsr•ter•er\-ar-ar\ n behalf of,or in place of another b: a task or matter entrusted to
'e scharter adj : of, relating to, or being a travel arrangement in one as an agent for another<executed a for me abroad> 4 a
•
which transportation (as a bus or plane) is hired by and for one : a group of persons directed to perform scime duty b : a
specific group of people <a 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 funs-
of accountants lions 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 charta 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^--�.• ra
. •elvntina better social and industnal condo 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- i
(a-)niij\ 1: to furnish with a commission:as a: to confer a formal i
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 ^red portraits of
themselves> 3 : to put (a ship) in commission
com•mis•sion•aire \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
• com•mis•sion•er \ka-'mish-(a-)nor\ 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-.
„,...'1 sion•er•ship \-.ship\ n .
commission merchant n : one who buys or sells another's goods i
fora 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
com.mis.sure \kam-a-shii(a)r\ n [ME, fr. MF or L; MF, fr. L
commissura a joining,fr. commissus, pp.] 1 : the place where two
bodies or parts unite : CLOSLRE 2 : a connecting band of nerve
,:—....... ,t....._...- ----'.., .
are made —Elinor Langer>
dis.cre.tion.ary\-'kresh-a-,ner-e\ adj 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
-••'i;ry of being discriminable <the of the various senses of a
•-• •^ a.V'riminate
" • ramble of being
exert:li11.6 Ww..or.......... ... �......._._. -.._.
em•i•nen•cy Vern-a-non-se\ n, pl-cies: EMINENCE
eminent• \'em-a-nant\adj[ME.fr. MF or L;MF.fr. L eminent,
eminens. prp.of emindro to stand out.fr. e- + -mindre(akin to L
moat-, 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
f1 above others in some quality or position : PROMINENT lyre see
( FAMOUS—em•i•nent•ly adv
eminent domain a : 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 unsdiction
] emir\i-mi(a)r.a-\as[Ar amir commander]: a native ruler in parts
(} r of Asia and Africa • I
// emirate\i-'mar-at, a-, =mi(a)r-ai\ n - rh..t•1.... :..:..r: ^. ^r
, m,-,, ,,/ ,,,,,,,e
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sinking fund n • a fund set up and accumulated by,usu. regular ill deposits for paying off the principal of a debt when it falls due `jgit!I tc 2 4
V 4h duet/- 444 sinless\'sin-las\ adj : free from sin : IMPECCABLE—sin•less•11
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Working Glossary
Charter An instrument in writing creating and defining the franchises of a city,
education institution or corporation.
Or
A document defining, describing the powers the freeholders grant their
government. Defining and regulating relations between government and
the governed, the rights and powers of the principles.
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 or Money set aside in a special account for the purposeof redeeming or
"reserve fund for retiring bonds.
debt service."
ter,
Skogen, Deb
From: Hickok, Scott
'tiSent: Monday,April 22, 2002 4:05 PM
ro: Skogen, Deb
Cc: Fernelius, Grant
Subject: Eminent Domain
Good Afternoon Deb:
In response to your question about how the City proceeds on projects concerning property whose owners do not wish to
sell, Grant Fernelius and I have prepared the following summary.
Eminent Domain proceedings are prescribed by State law under Chapter 117. This Chapter outlines the steps that a
governmental agency must follow in order to acquire private property for a public purpose. In essence, the law requires
that the public entity must first provide at least 90 days written notice to the"condemnee"prior to any action. The public
agency must then go through the Courts in order to initiate a condemnation action. This process essentially helps to
preserve private property rights and ensures the condemnor is acting in a reasonable and prudent fashion. By going
through the Courts, government agencies have some minimum standards that need to be followed (as opposed to taking
property for any willy-nilly reason).
Once the Court authorizes a taking,the local government must then place a portion of the purchase price with the Court as
a deposit. This acts as a check and balance to make sure that the City is operating in good faith and to demonstrate that
is has the funds for the entire purchase. The Court then appoints a 3 member panel, comprised of professionals who are
familiar with real estate, to serve as Commissioners who will determine the actual property value. Both parties (City and
the property owner)can present their appraised value to the Commissioners who will decide the value and recommend
this amount to the Court. Either party may appeal this amount through a separate Court action.
Eminent domain proceedings are plainly laid out in statute. The bottom line is that in most cases Fridley has tried to avoid
/'"condemnation altogether. It is costly and time consuming, not to mention an adversarial process that pits the City against
private interests. Our preferred course of action,which for the most part has been successful, is to negotiate a voluntary
acquisition. As a practical matter,we typically negotiate a price that includes both the purchase price and relocation
benefits. All amounts are based on appraisals and the advice of relocation experts. We try to strike a balance between
good fiscal judgment and a fair price for the property owner.
Fortunately,we have not had an abundance of properties where we have had to exercise the Rights of Eminent Domain.
In the nearly eight years that I have been with the City of Fridley, there have only been 3 cases that walk toward eminent
domain. These are The 57th Avenue improvements adjacent to Hardees (57th and Main), the vacant land owned by
Valvoline Rapid Oil Change on 57th, and the Cherrywood Apartments on Satellite Lane. Of those three cases, only one
has gone as far as a Commissioner's Hearing were an award was announced, proper payments were made, and the City
ultimately took over ownership of the property. That was the Cherrywood Apartment case. The Hardees case is still
pending and involves closure of a driveway that was in an inappropriate location when 57th Avenue was reconstructed.
We anticipate we will know the outcome of the Hardees case before the end of 2002.
I hope this is helpful. Please let us know if we can be of further assistance.
Scott J. Hickok . Grant Fernelius
Community Development Director Assistant Executive Director, HRA
City of Fridley City of Fridley
6431 University Avenue NE 6431 University Avenue NE
Fridley, MN 55432 Fridley, MN 55432
Phone: (763)572-3590 Phone: (763)572-3591
Fax: (763)571-1287
1