CHA 05/06/2013 TO: Charter Commission Members
_ FROM: Deb Skogen, City Clerk
•
J Date: May 1, 2013
CI YOF Re: May 6, 2013 Meeting
FRIDLEY
This is a reminder to you that the next Charter Commission meeting will be held on Monday,
May 6 at 7:00 p.m. in Meeting Room 2 of the Lower Level.
In order to ensure a quorum, remember, the Charter Commission policy requires a member to
call or e-mail us before 10:00 a.m. Monday, May 6th, as to whether or not you plan on attending
the meeting. Please remember to call or e-mail Cindy by Monday morning at(763)572-3524 or
e -mail Cindy.Ruschy nfridleymn.gov whether or not you will be attending the meeting.
If there will not be a quorum, those Commissioners who called will receive a phone call
notifying them there will not be a quorum and the meeting will be cancelled. A notice will then
be placed on the door of the cancellation of the meeting for those commissioners who did not
call, but came to the meeting.
After putting information in the Fridley Sun Focus, we received two applications from
individuals interested in serving on the Charter Commission. I have included their applications
for your review. I have invited both of the individuals to the Commission meeting to allow you
to interview and ask questions.
A letter was submitted to the 10th District Chief Judge and we are awaiting his response on the
reappointment of Commissioners.
I have included a copy of the Bylaws for your review and discussion. The topic of electronic
voting has come up and it was suggested you may want to address that issue.
If you have any questions, please call or e-mail me if you have questions.
FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY, May 6 , 2013 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 2 - Lower Level
CALL TO ORDER:
ROLL CALL:
1. APPROVAL OF AGENDA:
2. APPROVAL OF MINUTES
April 1,2013
3. ADMINISTRATIVE MATTERS
A. Vacancies
Interview candidates Novella Olawore and Richard Walch
B. Update on Chapter 4 and 5
4. DISCUSSION OF CHARTER COMMISSION BYLAWS
5. DISCUSSION-CHAPTER 1 (REFERS TO MN STATURES CH 410)
6. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY
7. OTHER BUSINESS
8. FUTURE MEETING TOPICS
9. ADJOURNMENT
Next Regular Commission meeting September 9, 2013
Meeting Room 2 - Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
April 1,2013
CALL TO ORDER:
Chairperson Nelson called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Peter Borman,Gary Braam,Don Findell,Nancy Jorgenson,Ted Kranz,Rick Nelson,
Barb Reiland,Pam Reynolds,Lois Scholzen
Members Absent: Marion Flickinger,Carol Hoiby,Bill Holm,Keith Shaw,Cindy Soule
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA
Commissioner Braam MOVED and Commissioner Reynolds seconded a motion approving the meeting agenda.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
APPROVAL OF MINUTES
Commissioner Braam MOVED and Commissioner Borman seconded a motion approving the Charter Commission
meeting minutes of March 4,2013.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
ADMINISTRATIVE MATTERS
A. Vacancies
Ms. Skogen stated Keith Shaw gave a verbal resignation due to his conflicts. He said he enjoyed working
on the Charter Commission,but could not make the time commit at this time. Ms. Skogen will contact the
Sun Focus about placing an article about the vacancies.
Ms. Skogen reviewed the commissioner terms.
Commissioner Borman MOVED and Commissioner Kranz seconded a motion reappointing Commissioners
Findell,Jorgenson, Scholzen and Reiland.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
Commissioner Findell MOVED and Commissioner Jorgenson seconded a motion reappointing Cindy
Soule upon Commissioner Soule's agreement to the appointment.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
CHARTER COMMISSION MEETING OF APRIL 1,2013 PAGE 2
B. Update/Discussion on Chapters 4 and 5
Ms. Skogen reviewed updates to Chapters 4 and 5. The public hearing was held on March 25th. There
were no changes recommended on Chapter 4 and it will be going on the Consent Agenda for the first
reading on April 8th,as it is noncontroversial..
The Council did recommend changes to Chapter 5,which were provided to the Commissioners for their
reference. Sections 5.06, 5.12 and 5.18 should all read the same in referencing who many petition
committee members would receive a letter and the date the ten days would begin if more signatures were
needed. In addition,Councilmember Bolkcom asked the Commission to review Section 5.07 to make it less
confusing.
Staff prepared an amendment that was handed out to begin discussions. In addition,she provided an e-mail
message that was provided by Bill Holm with his thoughts.
Commissioner Reynolds said Section 5.12 has the word forthwith. She wondered if the forthwith should be
changed so it reflected the same language. After some discussion,the Commissioners all agreed the
sections should read"shall at once".
Chairperson Nelson asked if everyone was okay with the changes made to Section 5.03
Commissioner Reynolds,after reading Chapter 1,found there were "shalls" and"mays"and felt the
registered voter would be the one circulator the petition. She wondered if,because the language was
changing to shall in this Section if there were changes needed to Chapter 1. Chairperson Nelson said
Chapter 1 provides activities,some of which are required or performed and some of which may be
performed.
There was a discussion about whether or not a petition circulator was required to sign the petition. The
language required the circulator did sign the petition. After further discussion, in addition to the changes
made by Council, it was recommended that one additional bullet point as follows: "(1)that the circulator
has signed the petition and renumber the other bullet points.
Commissioner Borman MOVED and Commissioner Jorgenson seconded a motion approving Section 5.03
as amended above.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
Commissioner Borman MOVED and Commissioner Jorgenson seconded a motion approving the changes to
Section 5.12 and changing"forthwith"to"at once."
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
Commissioner Borman MOVED and Commissioner Reynolds seconded a motion approving the changes
and removing the word"so"and adding"at once" in Section 5.18.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
The Commissioners discussed Section 5.07. They liked the changes recommended by staff by splitting the
two sections,but felt there was still some confusion.
Commissioner Reynolds said she would agreed with the changes the staff was recommend. The
Commissioners then started reviewing the language and,after discussion,suggested the following:
CHARTER COMMISSION MEETING OF APRIL 1,2013 PAGE 3
When the completed petition is found to be sufficient,with the number of signers of the petition not less
than fifteen percent(15%)and less than twenty-five percent(25%)of the total votes cast at the last state
general election,the City Clerk shall transmit the initiative petition to the Council at its next meeting,stating
the number of petitions and the percentage of the total number of registered voters which they constitute.
The Council shall at once read the ordinance and thereupon provide for a public hearing of the ordinance.
After holding the public hearing,the ordinance shall be finally acted upon by the Council not later than
sixty-five(65)days after the date upon which it was submitted to the Council by the City Clerk.
Commissioner Findell asked to add the word Initiative in the title of Section 5.07. After reviewing other
sections and further discussion,the Commissioners agreed to include it in the title.
The Commissioners then discussed the last line and agreed to the following:
"If the Council fails to pass a proposed ordinance,or passes it in a form different from that set forth in the
petition and unsatisfactory to a majority of the petition committee,the proposed ordinance shall be
submitted by the Council to the electorate at the next regular municipal election."
Commissioner Findell said there is no action for the Council if they approve the ordinance. After further
discussion, it was recommended to add the following language:
"If the Council passes the ordinance as submitted,the ordinance need not be submitted to the electorate."
and place that language before the last sentence in Section A.
The Commission then discussed Section B.
Commissioner Reiland wondered why the words"or more" are included,because it has to be at least 25%
and felt or more was negative. The Commissioners agreed the words "or more" should be deleted.
After reviewing the language further,they would like to have the ability of the Council to approve the
ordinance and not have to send it to an election.
Ms. Skogen said the discussion was, if there were 25%or more signatures and it was a pressing issue,that
the voters could bypass the Council approval and have the Council send it directly to the voters.
After further discussion by the Commission,they all felt it important to include the ability of the council to
approve as submitted allowing the ordinance to become effective without sending it to the voters and
recommended the language be similar to Section A,however Section B would send to a special election
depending on the date of receipt of the petition. The language recommended was:
"When the completed petition is found to be sufficient with the number of signers of the petition equal to at
least twenty-five percent(25%)or more of the total votes cast at the last state general election,the City
Clerk shall transmit the initiative petition to the Council at its next meeting,stating the number of
petitioners and the percentage of the total number of registered voters which they constitute. The Council
shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After
holding the public hearing,the ordinance shall be finally acted upon by the council not later than sixty-five
(65)days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes
the ordinance as submitted,the ordinance shall become effective and need not be submitted to the
electorate. If the Council fails to pass the proposed ordinance,or passes it in a form different from that set
forth in the petition,the Council shall call for an election and place the question on the ballot. If the
petition is submitted by July 1st of an even year,the question shall be placed on the next regular election
ballot. If the petition is submitted after July 1st of an even year,or during an odd year,the Council shall
call for a special election and place the question on the special election ballot subject to Minnesota Election
Law."
CHARTER COMMISSION MEETING OF APRIL 1,2013 PAGE 4
Commissioner Braam MOVED and Commissioner Jorgenson seconded a motion approving Section 5.07 as
amended above.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED.
Ms. Skogen will prepare the changes and send an e-mail to the Commissioners at the meeting for their
review. These changes will be presented to the Council on April 8th upon the first reading of the ordinance.
DISCUSSION OF CHAPTER 1 -TABLED
DISCUSSIONS OF PROS AND CONS OF BEING CHARTER CITY-TABLED
OTHER BUSINESS
A reminder was provided for the commissioners to complete the commissioner survey. A meeting will be held with
the City Council on May 13th at 6:00 pm.
FUTURE MEETING TOPICS
A discussion of the Charter Commission Bylaws and the feasibility of allowing electronic voting.
ADJOURNMENT:
Commissioner Jorgenson MOVED and Commissioner Braam seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON NELSON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8:39 P.M.
Respectfully submitted,
Debra A. Skogen, Commissioner Donald Findell, Secretary
City Clerk/Staff Liaison
Fridley Charter
CITYOF Commission
FRIDLEY Application
Name Richard B Walch
Address 6859—7th St NE Fridley, MN 55432
Home Phone 763-213-9659 Work Phone 612-671-7757
e-mail address rbwalch(c vahoo.com
Number of Years (Months) Resident of Fridley 7 yrs
Employer Ameriprise Financial Work Phone 612-671-7757
The Charter Commission meets eight times a year on the 1st Monday evening of the
months January through May and September through November. We are looking for
committed individuals.
The Charter Commission will review the applications, and possibly interview candidates.
Once the candidates have been chose, a letter will be sent to the 10th District Chief
Judge requesting the appointment. If you have any questions, please contact Deb
Skogen by e-mail at Deb.Skogen @fridleymn.gov or by phone at 763-572-3523.
Richard Walch (submitted electronically) 4/15/2013
Signature Date
Please return the application to Roberta Collins,
City of Fridley, 6431 University Avenue N.E.,Fridley,MN 55432.
April 30,2013
Charter Commission Candidate Questionnaire
1. Would you be able to attend winter meetings (January through May?)
Yes.
2. If you were appointed,what would your expectations be?
To attend scheduled meetings, discuss matters offline if necessary with other members, review
proposals for changes to the Charter, vote measures up or down
3. Does your job require travel, especially the 1st Monday of the month?
No.
4. Why would you want to be on the Charter Commission? What could you bring to the
table?
I want to be civically active in the community in a non-partisan/non-political way. The Charter
commission is large, so it would be a good way to learn about the way the city functions and
learn from other members who have served for a long time.
5. Are you familiar with the City Charter?
Yes, and I look forward to learning more.
6. Is there anything else or any other comments you would like to share with the
Commission?
I am an accountant by training and have strong attention to detail, especially in financial and
administrative matters. I also have a young family and am motivated by them to keep Fridley a
strong community and a nice place to live.
• Page 2
Fridley Charter
CHYOF Commission
FRIDLEY Application
Name Novella Elizabeth Olawore
Address _554 Lafayette St NE, Fridley, MN
55432
Home Phone 763-381-2543 Work Phone 612-348-6984
e-mail address_nolawore@yahoo.com
Number of Years (Months) Resident of Fridley 2 years and 4 months
Employer Hennepin County Work Phone 612-348-6984
The Charter Commission meets eight times a year on the 1st Monday evening of the
months January through May and September through November. We are looking for
committed individuals.
The Charter Commission will review the applications, and possibly interview candidates.
Once the candidates have been chose, a letter will be sent to the 10th District Chief
Judge requesting the appointment. If you have any questions, please contact Deb
Skogen by e-mail at Deb.Skogen@fridleymn.gov or by phone at 763-572-3523.
0i)) 1-1- a3 -L
Signature Date
Please return the application to Roberta Collins,
City of Fridley, 6431 University Avenue N.E.,Fridley,MN 55432.
April 23,2013
Charter Commission Candidate Questionnaire
1. Would you be able to attend winter meetings(January through May?)
Yes
2. If you were appointed,what would your expectations be?
I would expect to be fully engaged in each meeting and willing to provide new ideas
and insights as well as work to ensure that all current policies and procedures are
adhered too. I would also expect to represent the City of Fridley in a respectable manner
at all times.
I would also expect that it may be required to attend various events throughout
Fridley to represent the charter commission as well as provide awareness of the city
charter to residents.
3. Does your job require travel,especially the 1st Monday of the month?
No, my job does not require any travel and I would make all my personal travelling
around the monthly charter meetings as to avoid missing any meetings.
4. Why would you want to be on the Charter Commission? What could you bring to the
table?
I highly believe in becoming a fully, devoted member of my community.As a renter, I
believe it is important to gain an understanding of your community because many times
renters feel they do not really have a voice and even If they live in the community for
years, they often to do not get involved. I believe that every resident needs to play an
active role in their community to help ensure, safety, cleanliness and overall quality of
life for every resident.
5. Are you familiar with the City Charter?
Yes, I am familiar with the City Charter. I believe the City Charter is the foundation
for every city and it provides the basic structures for the governance and ordinance of
the city. I believe that many residents may not be aware of the City Charter and it is great
that there is a dedicated commission to help ensure the Charter is followed and
understood.
• Page 2
April 23,2013
6. Is there anything else or any other comments you would like to share with the
Commission?
I have previously served on the City of Brooklyn Park, Human Rights Commission and it
was a great experience. I enjoyed learning how the City operates including the functions
of the many different offices. I also enjoyed participating In city events and getting out
there to know more residents.
• Page 3
FRIDLEY HOME RULE CHARTER COMMISSION
BY-LAWS
Revised and Amended September 23,2002
NAME -- the name of the organization shall be the Fridley Home Rule Charter
Commission.
II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to
meet the needs of the people.
III. MEETINGS
A. Commission meetings shall be held in the Fridley City Hall.
B. The annual meeting shall be held in March of each year.
C. Special meetings may be called by the Chair; or, the Chair, upon receipt of a written
request signed by five (5) members, shall, within ten (10) days, call a special
meeting.
D. A quorum to conduct business shall be determined according to the following
schedule:
Number of Charter Commission Members Quorum
15, 14, 13 7
12 or 11 6
10 or fewer 5
E. Except as provided in these by-laws, all meetings shall be governed in accordance with
Robert's Rules of Order, Revised.
F. The time of the meeting shall be called by the chair. If there is not a quorum within ten
minutes after the meeting time is to commence, the members shall be dismissed.
However, if the chair felt there was important business to be addressed, the chair would
have the discretion to ask members to stay longer, but may not exceed an additional 10
minutes past the specified time.
IV. MEMBERSHIP -- The membership of this organization shall be 15 members.
A. All members shall be expected to attend all meetings. If unable to attend, the
member shall inform either the Chair or the Secretary as to the reason.
B. Any member missing four (4) consecutive meetings without an adequate excuse, or
failing to perform the duties of the office shall be subject to a discharge from the
Commission upon a written request to the Court, supporting by two-thirds (2/3) of
the Commission members present and voting.
Fridley Charter Commission By-Laws Page 2
V. OFFICERS
A. Election of Officers.
1. The officers of this organization shall be a Chair, Vice Chair and a
Secretary.
2. The Chair, Vice Chair and Secretary shall be elected from the membership
of the Commission.
3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting.
No officer shall serve more than two consecutive terms in the same office.
4. All officers shall begin their terms of office upon election to that office.
5. Election to vacant offices shall be made from the floor at the next meeting
following the meeting at which the vacancy is declared.
6. Officers of this organization shall be declared duly elected by a simple
majority vote of those present and voting.
B. Duties of Officers.
1. The Chair shall have the following responsibilities: to call all regular and
special meetings, preside at all meetings, set the agenda, implement the
decisions of this Commission and participate in all Commission decisions as
a voting member.
2. The Vice Chair shall assist the Chair in the performance of these duties. In
the event the Chair is unable to perform these duties, the Vice Chair shall
discharge such duties.
3. The Secretary shall be responsible for: keeping an accurate record of
attendance, recording of minutes at all meetings, distributing minutes to
members within a reasonable time, giving notice to members who have
missed three (3) consecutive meetings pursuant to Article IV, Section B, of
the By-Laws, transmitting all correspondence and related resource material
concerning this Commission to the City Clerk for retention and presiding at
meetings in the absence of the Chair and Vice Chair.
VI. COMMITTEES
A. The Chair shall have the power to create committees, appoint members and
designate chairs of those committees.
Fridley Charter Commission By-Laws Page 3
B. In January of each year the Chair shall appoint a nominating committee of three (3)
or more members who shall report the nomination of one (1) or more candidates for
each office. A written report of such nominations shall be mailed to each member at
least ten(10) days before the annual meeting.
VII. VOTING
A. A majority vote of members present shall be sufficient to pass motions and
resolutions except as provided elsewhere.
B. There shall be no secret votes.
VIII. ORDER OF BUSINESS
1. Call to Order by the Chair.
2. Roll Call.
3. Approval of Minutes.
4. Report of Officers.
5. Report of Committee.
6. Considerations of communications.
7. Old Business.
8. New Business.
9. Adjournment.
IX. AMENDMENT
A. These by-laws can be amended at any regular meeting of the Commission by a two-
thirds (2/3) vote of those presents, provided that the amendment has been submitted
in writing to the members at least two(2)weeks before the vote on the amendment.
Skogen, Deb
From: William Holm [holmbillsuz @gmail.com]
Sent: Monday, April 01, 2013 1:16 AM
To: Skogen, Deb; Rick Nelson
Subject: Chater Commission Meeting
I am unable to attend tonite's meeting, but am interested in putting in my 2 cents worth.
Re - Section 5.07, I suggest we simplify. Remember, this is for a new ordinance. Do we really
need a provision for a special election? Why can't this wait until the next municipal election? The
city has survived without such new ordinance for many years. A wait of up to 18 months is not
undue hardship upon the electorate.
With this is mind, I suggest the following changes.
Line 3 - put a period after the word "constitute". Strike the following word "and". Capitalize the
following word "The".
Line 5 - Put a period after the word "ordinance". Start the next sentence with the words "After the
public hearings the ordinance shall be acted upon by the Council not later than sixty-five" ....
Line 10 - after the word "election, insert the following phrase. "subject to advance notice
requirements of Minnesota Election Law." (End of Section 5.07)
So, Take it for what it's worth. Thanks for the opportunity to comment.
Bill Holm
1
•