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CHM 05/18/2009 - 29985CITY OF FRIDLEY CHARTER COMMISSION MEETING May 18, 2009 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: Members Present: Commissioners Pete Borman, Gary Braam, Don Findell, Nancy Jorgenson, Rick Nelson, Leslie Plummer, Pam Reynolds, Keith Shaw and Cindy Soule Members Absent: Carol Hoiby, Bill Holm, Ted Kranz, Noel Ryan, and Lois Scholzen Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Nelson seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Jorgenson MOVED and Commissioner Braam seconded a motion approving the Charter Commission meeting minutes of March 23, 2009. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. The minutes to the April 27, 2009 meeting were discussed and slight changes were made to pages 2, 3, 4 and 5. Commissioner Borman MOVED and Commissioner Nelson seconded a motion approving the Charter Commission meeting minutes of April 27, 2009 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Commissioner Braam recommended sending an application to Ted Flickinger to see what his interested in the Charter might be. DISCUSSION OF CHAPTER 7 Commissioner Jorgenson did not think the minutes reflected their decision not to use Amendment B. Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to remove Amendment B from the discussion for further consideration. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Adopted September 28, 2009 CHARTER COMMISSION MEETING OF MAY 18, 2009 PAGE 2 Commissioner Borman wondered how the original petition committee came up with their language determining what was a fee and what wasn't a fee, for example discretionary vs nondiscretionary, how the Metropolitan Council determines the sewer bill. He understood a Task Force tried to fix the language due to some of the unintended consequences. Commissioner Jorgenson said the City Attorney wanted to keep certain aspects to ensure down the line a voter could not come back and sue the city because they removed something the voters voted for. Commissioner Reynolds believed they need to leave the language the way the voters changed it, but suggested using some of the Mounds View language by adding "plus 2% to the CPI. Commissioner Findell wondered if the Mounds View charter had the super majority and it appeared they did not. Commissioner Borman wondered about the inflationary index and what would happen if it reached double digits. He said if the Mounds View language was used and the CPI was 2.6 %, if you added 2% you could raise it to 4.6 %. Commissioner Reynolds said she was trying to adjust to what Mounds View had allowed but continue to keep the restriction in place. She said the property taxes would increase in 2010 and 2011 but as value doesn't go up it won't change much. She felt LGA would never go back to what it was. Commissioner Nelson said LGA was vetoed by the Governor and the levy limit was extended. Commissioner Jorgenson said after hearing the information from the survey, she was not sure the city should approve a grant allowing for canines, as it is money the city would have to include later, just as the "COPS" grants allowed the city to hire additional officers, it required the city pay for those officers after three years, which increased the City's budget. Commissioner Borman MOVED and Commissioner Jorgenson seconded a motion to use the Mounds View language, by striking out all of the language after general City purposes shall not exceed and replacing it with the Mounds View Language. Commissioner Nelson said if the CPI was 1.5% and you added 2 %, it would increase the levy to 3.9 %. He said that was allowable by the state and the difference wouldn't change anything. Commissioner Jorgenson wondered if there should be some type of provision or language put into the charter which might allow an LGA catch -up or special levy. Commissioner Nelson said once every 5 years there is a catch -up levy, if allowed by the state. Commissioner Jorgenson said if the City limits it, and the state allowed it for three years, the City would be more restrictive. She felt the City Council should have the ability to increase it if it was in the best interest of the City due to the LGA losses. Commissioner Soule wondered what happened if there was a higher inflation rate whether or not the state would allow cities to increase it to that percentage. She said the Council may decide to use the prior year levy plus inflation, or the CPI plus inflation, as allowed by state statute as deemed necessary by the City Council in order to maintain business. Commissioner Reynolds was okay eliminating the 51% majority, but did not think leaving it up to the City Council to decide would work. Commissioner Nelson said times have changed and we were no longer receiving LGA and were running out of money. Adopted September 28, 2009 CHARTER COMMISSION MEETING OF MAY 18, 2009 PAGE 3 Commissioner Reynolds felt the Council should go to the voters if they have to balance their budget. Commissioner Nelson said the City will soon be broke as the reserves are dwindling or almost gone. Commissioner Jorgenson said positions are being eliminated and individuals will be retiring. If we have restrictions, it is up to our Legislators to help to ensure the levy can be increased without the approval of the voters. She felt the city would be looking at discretionary programs and services or spending. Commissioner Braam felt if the Legislature provided for an additional levy, the City needs their help during these tough times. He said 2000 showed a large surplus, but there is a different picture now and the City was almost in the red. He felt it was kind of like when child support was gone and you had to change how you spent. There should be something the City Council could do in an emergency situation to provide for additional money. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Commissioner Findell still wondered about the word "all" in Section 702.3.A. Commissioner Reynolds thought it had something to do with whether you can assess taxes — so it was a benefit al all. The Commissioners discussed whether or not to have additional summer meetings. After further discussion Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to meet July 27th and August 24'x'. It was suggested a letter be sent to the City Council asking for their input and letting them know the Commission understands the importance. ADJOURNMENT: Commissioner Reynolds MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:08 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Carol Hoiby, Secretary Adopted September 28, 2009