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CHM 05/24/2004 - 00027122CITY OF FRIDLEY CHARTER COMMISSION MEETING May 24, 2004 CALL TO ORDER: Chairperson Findell called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman, Don Findell, Dan Garcia, Anita Gerrety, Harry Heck, Bill Holm, Janet Johnson, Nancy Jorgenson, Kathleen Linder, Cindy Soule and Francis Van Dan Members Absent: Char Fitzpatrick, Craig Gordon, and Deborah Monden Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA: Commission Jorgenson requested an item be placed on the agenda to allow the Charter Commission to consider adoption of an amendment to the Charter. It was determined it would be placed under Item 2.d. MOTION by Commissioner JORGENSON, seconded by Commissioner HECK, to approve the agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING AGENDA WAS APPROVED AS AMENDED. APPROVAL OF MARCH 22. 2004. CHARTER COMMISSION MINUTES: Commissioner Jorgenson requested the minutes be amended on page 4, second paragraph to read, "... did not adopt the ordinance, or if a valid petition is received." Commissioner Van Dan pointed out several places she felt the language as written should be restructured, however, she made no suggestions for change. MOTION by Commissioner VAN DAN, seconded by Commissioner BORMAN, to approve the March 22, 2004, Charter Commission Minutes, as amended by Commissioner Jorgenson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY.AND THE MEETING MINUTES WERE APPROVED AS AMENDED. 1. ADMINISTRATIVE MATTERS Adopted 09 -27 -04 CHARTER COMMISSION MEETING OF MAY 24, 2004 A. Election of Officers PAGE 2 Chairperson Findell reported that the nominations committee recommended the nominations of Don Findell for Chair, Nancy Jorgenson for Vice -Chair and Anita Gerrety for Secretary. He then declared the nominations open and asked for further nominations. Commissioner Holm MOVED and Commissioner Soule seconded the nominations be closed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE NOMINATIONS WERE CLOSED. Commissioner Van Dan MOVED and Commissioner Heck seconded a motion to elect Commissioner Findell, Jorgenson and Gerrety by unanimous vote. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY AND COMMISSIONERS FINDELL, JORGENSON AND GERRETY WERE ELECTED AS NOMINATED. B. Application of Gary Braam for Charter Commission. Chairperson Findell noted that Gary Braam, owner of Sandee's Restaurant, had applied for the vacancy remaining on the Charter Commission and that his application was in their packets for further information. Commissioner Borman MOVED and Commissioner Heck seconded a motion recommending the appointment of Gary Braam to the Charter Commission and directing staff to forward his name to the District Judge. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY C. Attendance at City Council Meeting Regarding First Reading of an amendment. Chairperson Findell said that he would like to see the Charter Commission attend the City Council meeting regarding the amendment that was forwarded pertaining to Chapter 7 of the Charter. D. Discussion of Charter Amendment Ms. Skogen noted that she had contacted the League of Minnesota Cities to see how the Charter Commission could recommend an amendment of the Charter. She said the same process used to adopt a charter would be used. She drafted some language that would allow the Charter Commission to recommend an amendment which would go to the voters in November if the City Council did not adopt the amendment by ordinance, or if a Petition Committee were to be submitted calling for a referendum of the ordinance. For discussion purposes, Commissioner Jorgenson MOVED and Commissioner Heck seconded a motion encouraging the City Council to vote on the amendment by ordinance before them, or if adopted and a valid petition is submitted to rescind the ordinance, to place it on the ballot. Adopted 09 -27 -04 CHARTER COMMISSION MEETING OF MAY 24, 2004 PAGE 3 Chairperson Findell said the Commission had the language provided by Ms. Skogen lying aside if the City Council did not adopt the amendment by ordinance; if the City Council adopts the ordinance and a referendum petition is received and the City Council rescinded the ordinance allowing the language set aside by the Commission to be placed on the November ballot. The meeting was recessed at 7:30 p.m. to allow the Commissioners to attend the City Council meeting. The meeting was reconvened at p.m. Motion by Commissioner Jorgenson, second by Commissioner Heck to amend the above motion directing the Chair to present the resolution approved by the majority of the Fridley Charter Commission members on May 24, 2004, to the City Clerk before August 5, 2004, in the event the City Council does not approve or rescinds the amendment by ordinance pertaining to Chapter 7.02.3 as recommended by the Fridley Charter Commission. Upon a roll call vote, Commissioners Holm, Borman, Johnson, Jorgenson, Linder, Soule and Findell voted aye; Commissioners Van Dan, Gerrety and Heck voted nay. The motion passed by a majority vote. Staff was directed to provide three originals for signature by the Commissioners so that the resolution is available should it be needed. ADJOURNMENT: MOTION by Commissioner HOLM, seconded by Commissioner Heck to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:30 P.M. Respectfully submitted, " -/Jf-z- ) Debra A. Skogen City Clerk/Staff Liaison Anita Gerrety, Secretary Adopted 09 -27 -04