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CHM 01/26/2009 - 29980CITY OF FRIDLEY CHARTER COMMISSION MEETING January 26, 2009 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:04 p.m. ROLL CALL: Members Present: Commissioners Borman, Holm, Jorgenson, Nelson, Reynolds, Scholzen, Shaw and Soule Members Absent: Commissioners Braam, Findell, Hoiby, Kirkwood, Kranz, Plummer and Ryan Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA: Deb Skogen said the agenda received was incorrect and recommended changing items under Administrative Matters to remove the 2009 meeting dates and to add the Oath of Office for Keith Shaw, the reappointment of six commissioners and the appointment of the nominating committee. Commissioner Nelson MOVED and Commissioner Soule seconded a motion to approve the agenda as amended above. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF NOVEMBER 24, 2008, CHARTER COMMISSION MINUTES: Commissioner Reynolds MOVED and Commissioner Shaw seconded a motion to approve the November 24, 2008, Charter Commission Minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Oath of Office The Oath of Office was given to incoming Commissioner Keith Shaw. B. Reappointment of Commissioners who's terms are expiring in 2009 Commissioners Jorgenson and Plummer's terms expire on February 21, 2009 and Commissioners Findell, Shaw, Soule and Scholzen expire on May 1, 2009. Commissioner Holm MOVED and Commissioner Nelson seconded a motion to recommend to the Chief Judge of the 10"' District Court the reappointment of Commissioners Findell, Jorgenson, Plummer, Shaw, Soule and Scholzen if they agree to be reappointed. Adopted February 23, 2009 CHARTER COMMISSION MEETING OF JANUARY 26, 2009 PAGE 2 UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioners Jorgenson, Shaw, Soule and Scholzen would all like to be reappointed. Deb Skogen will contact Commissioners Findell and Plummer to see if they would like to be reappointed. C. Appointment of Nominating Committee Chair Chairperson Borman appointed Bill Holm to Chair the Nominating Committee who will then seek members to work with him to report the results at the February meeting. 2. DISCUSSION OF CHAPTER 11 Deb Skogen reviewed the documentation provided in the packet. She provided Chapters 7, 8, 10, 11 and 12 as those are the chapters that have been reviewed with the changes that have been recommended. In addition, she provided information on Statutory Cities and Charter Cities from the League of Minnesota Cities, and Section 412.321 through 412.391 of the Minnesota Statutes pertaining to Municipal Utilities with information about Public Utilities Commissions (PUC). According to the Handbook of MN Cities, page 17, (MN Statute 412.321) A charter may provide for acquisition without a vote or may require a different majority from the majority necessary in statutory cities. A charter may give the right of condemnation without a time limit. A charter may also allow the city to use surplus utility funds to support general funds. In addition, MN Statute 44.075, subd 3(b) also states Charters may not attempt to set utility rates for water, sewer and storm water utilities. Charter provisions may not artificially inflate or suppress rates. Authority to set rates is vested exclusively in the city council by state statute. Commissioner Soule said she had a problem with Section 11.08 as there is no reference to a Public Utility Commission and was concerned about the wording. After reviewing the Charter, it appears Section 2.01.3 gives the City Council the ability to exercise the powers of all City Boards and Commissions. The Commission It didn't appear that Chapter I I really specified anything about a Public Utilities Commission. Deb Skogen said in the minutes the Commissioners had discussed this at the last meeting and had come up with a sentence they could add, she was just not sure how it should be added in. She said the language referred to Minnesota State Law which would help provide direction to the Council. Commissioner Reynolds felt the Charter should be clarified to state that it is a public utilities commission. Commissioner Jorgenson said the City never knows whether or not something like creating a PUC would be necessary or not. In addition, the type of commissioners that would be needed for this commission would have to have experience and knowledge in municipal utility operations which would mean these commissioner positions would be paid positions. According to state law, there could be no residency requirement, which would help to get qualified individuals. Chairperson Borman wondered if it would be up to the commission itself to come up with its own rules and procedures or is it something the Charter Commission would provide. Commissioner Holm felt the rules, regulations, officers, etc. would be at the discretion of the Council. Commissioner Soule wondered if the Charter should be more restrictive with additional language or do we just want to say the Council may establish or abolish this commission. Commissioner Nelson wondered if the Charter Commission would be responsible for researching and preparing an ordinance establishing the PUC. Commissioner Holm felt this should be the responsibility of the Council and not the Charter Commission. Adopted February 23, 2009 CHARTER COMMISSION MEETING OF JANUARY 26, 2009 PAGE 3 After further discussion Commissioner Soule MOVED and Commissioner Nelson seconded a motion to add the following language before the current language in Section 11.08: "The City Council may establish a public utilities commission as defined and authorized by state law." The Commission's membership, organization, rules and regulations, officers, salary, jurisdiction, powers, disbursements, reports and abolition of the commission will be at the discretion of the Council by a majority vote. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. REVIEW OF CHAPTERS 7, 8, 10, 11 AND 12 A review of Chapters 7, 8, 10, 11 and 12 was completed by the Commission on all of the recommended changes they have agreed to. A few changes were made and it was recommended the City Clerk prepare an ordinance with the recommended changes to bring to the neat meeting. ADJOURNMENT: Commissioner Reynolds MOVED and Commissioner Jorgenson seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:10 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Carol Hoiby, Secretary Adopted February 23, 2009