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CHM 11/25/2002 - 00027176CITY OF FRIDLEY CHARTER COMMISSION MEETING November 25, 2002 CALL TO ORDER Chairperson Gordon called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL Members Present: Don Findell, Anita Gerrety, Craig Gordon, Harry Heck, Bill Holm, Janet Johnson, Nancy Jorgenson, Deborah Monden, Maynard Nielsen, Regina Querimit, Cindy Soule, Francis Van Dan, and Dale Warren Members Absent: Suzanne Alvite Warren and Char Fitzpatrick Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Findell MOVED and Commissioner Heck seconded a motion approving the November 25, 2002, Charter Commission agenda. Chairperson Gordon requested that the 2003 meeting dates and a letter from Commissioner Alvite Warren be added under administrative matters; Commissioner Jorgenson requested that instant run -off voting be added under items for future discussion; and Commissioner Van Dan requested a few minutes for comments under future discussion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE AGENDA WAS APPROVED AS AMENDED. APPROVAL OF SEPTEMBER 23, 2002 CHARTER COMMISSION MINUTES Commissioner Van Dan requested that in the second paragraph on page 2 of the minutes the word debit be changed to debt ( "he said that due to the fact that the city's debt deb4 was pledged..." Commission Van Dan also wondered what Mr. Pribyl meant about the money raised, would it be borrowed or do they have the cash and whether it was the assessed or appraised value of the market value. Commissioner Jorgenson said Mr. Pribyl had said if it was necessary the amount of indebtedness that the city could raise was $29,985,182; but, at the current time the city had no debt because all projects completed in the city were pledged by some type of revenue source towards a specific dedicated fund. Charter Commission Meeting Minutes of November 25, 2002 Page 2 Commissioner Jorgenson MOVED and Commissioner Monden seconded a motion approving the September 23, 2002 Charter Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MINUTES WERE APPROVED AS AMENDED. Chairperson Gordon asked for further clarification for the question that Commissioner Van Dan requested. 1. ADMINISTRATIVE MATTERS A. Discussion of 2003 Calendar The dates for the meetings for the year 2003 were discussed. Commissioner Monden MOVED and Commissioner Querimit seconded a motion to approve January 27, February 24, March 24, April 28, May 19, September 23, October 27 and November 24 as the meeting dates for the calendar for 2003. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Thank You from Commissioner Alvite Warren Chairperson Gordon read a letter from Suzanne Alvite Warren thanking Commissioners for the plant and well wishes in her recovery. 2. DISCUSSION OF CHARTER AMENDMENT — CHAPTER 7 Ms. Skogen referred the Commissioners to Attachment 1 of the September 23, 2002, minutes which contained the proposed new language pertaining to Section 7.15.2. Commissioner Van Dan made a motion to table the proposed amendment until the questions asked were answered. The motion died due to the lack of a second. Commissioner Holm said they had talked about 10% which is now 2% of the market value or state allowed for cities in the same class, whichever is the greater, and wondered why the terminology "whichever is the greater" is required because of the limit set by state statutes. He said if sometime in the future 2% of the market value happened to exceed the limit authorized by state law, whether or not that would be appropriate. Commissioner Jorgenson said home rule charters could be more restrictive than state law. She said if state law was changed to 3% and ours is 2 %, do we want to be held at 2% or meet the state 3%. Charter Commission Meeting Minutes of November 25, 2002 Page 3 Commissioner Holm said if the term "whichever is the greater," was taken out the Charter would be in compliance with the State Statute. Commissioner Findell wondered if the words should be "whichever is the least ". Commissioner Soule wondered what the intent of the Charter was, to be more limiting or to set a cap. She said if it were higher than the city would not be in compliance. If the state is higher, the city would have to comply with the Charter and limit itself to 2 %. Commissioner Jorgenson commented that under new franchise language anything larger than a 5% increase would have to be approved by the voters. Commissioner Van Dan said if it the value was changed to reflect state statute, the Charter Commission would be giving up some rights. Commissioner Van Dan commented that state statute forbids a certain debt limit, which could be unpredictable by not knowing what the economy may be like. Commissioner Van Dan added that the Commissioner would have to be careful in changing the language and could not afford to let the city to go bankrupt. Commissioner Jorgenson said cities cannot issue bonds for operating expenses. She added that the city has not been in debt since she has lived in the City (about 26 years). Commissioner Jorgenson said that if the Commission wants to protect against future council action, the Commissioner would want to leave language in. Commissioner Findell said the city had the ability to go in debt but did not. He said that every bond issued right now is usually covered by the project and a specified fund. Commissioner Jorgenson noted that if the city had a major disaster, for instance if the water tower was taken out, the city would have to bond to replace the tower. The bond fees would be paid by property tax owners. Commissioner Van Dan said felt the Commission minutes reflected what was said by the Finance Director but felt they were inaccurate and vague. Commissioner Van Dan requesting a definition of what market value was. Commissioner Jorgenson suggested bringing Finance Director Pribyl back to the next meeting to clarify the language. The following questions were asked for Mr. Pribyl to clarify for the next meeting: • What is meant by market value of the taxable property? Is it assessed? • Chairperson Gordon wanted to understand the whole process better. • Commissioner Findell asked what the 2% would cover. Charter Commission Meeting Minutes of November 25, 2002 Page 4 • Commissioner Heck wondered if the language in #3 was correct (3) issued for the creation of (should it be or) maintenance of a permanent improvement. • Section 7.17 — do not understand how it applies given the Charter Amendment as to how it can be implemented. • Ask Mr. Pribyl to explain when the city receives their funding from the state of MN. Chairperson Gordon will talk with Rick to see if he is available Jan 27 and possibly change the time of the meeting to 6:00 p.m. to accommodate his schedule. If he is not available, an alternate date of Tuesday, January 21st will be used. Skogen will mail a letter of confirmation of the January meeting date. 3. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION A. Instant Run -off Voting QRV) Commissioner Jorgenson handed out information on IRV. This type of an election process is being considered because people were concerned about how candidates were being elected with less than a true majority vote of 51 %. Alaska had a referendum to have IRV, however, it failed. The City of Duluth, a home rule charter city, is considering this method of voting due to an upcoming election for mayor where there will be possibly 44 people filing for office. IRV is an alternative way of voting whereby you would rate your candidates. She brought the issue forward wondering if the Commission was interested in discussing or looking at IRV. Commissioner Jorgenson said the closes election the city has had where the candidate did not win with over 50% was the race for mayor when she ran against Scott Lund and Craig Gordon. The commissioners agreed this topic could be addressed at a later date and Chairperson Gordon directed Ms. Skogen to place it on the next meeting agenda. Commissioner Van Dan said Don Fraser had looked at other ways of voting but found it could not work for a national federal election because of the way elections were originally set up. Commissioner Querimit felt people need to make a choice and was not in favor of IRV. B. Comments by Commissioner Van Dan Commissioner Van Dan suggested having a mission statement because she did not feel the Commission had any direction. The mission statement should say what the Commission is about and what they can do. Commissioner Gordon directed Ms. Skogen to place the item before the Glossary for the next meeting also. Charter Commission Meeting Minutes of November 25, 2002 Page 5 4. DISCUSSION OF GLOSSARY /INDEX This item was tabled due to the lack of time. 5. ADJOURNMENT: Commissioner Van Dan MOVED and Commissioner Heck seconded a motion to adjourn the meeting. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 8:10 P.M. Respectfully submitted, Deborah Monden, Secretary