Loading...
CHM 01/07/2013 CITY OF FRIDLEY CHARTER COMMISSION MEETING JANUARY 7, 2013 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Marion Flickinger, Carol Hoiby, Bill Holm, Rick Nelson, Pam Reynolds, Lois Scholzen, and Cynthia Soule Members Absent: Commissioners Peter Borman, Don Findell, Nancy Jorgenson, Ted Kranz, Barb Reiland and Keith Shaw Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Holm MOVED and Commissioner Soule seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds requested that two items in the minutes of October 1, 2012 be amended. Page one should read “great granddaughter”. Page two, top line should read as “this would not.” Commission Holm MOVED and Commissioner Reynolds seconded motion to approve minutes as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. The 2013-2014 Officer nominating committee will be Commissioners Gary Braam, Marion Flickinger, and Lois Scholzen. B. Vacant seat on Commission needs to be filled. Deb Skogen said she will place an announcement requesting applications in the Focus newspaper and on the City’s web page. Please send any suggestions to Deb for an application. CHARTER BOOKS CHAPTER REVIEW A review of the Chapters was completed and it was determined the following chapters are needed: Chapter 2 - All Commissioners Chapter 3 - All Commissioners Chapter 4 - Commissioners Gary Braam, Marion Flickinger, and Carol Hoiby Chapter 7 - Commissioners Gary Braam and Carol Hoiby The requested pages will be handed out at the February meeting. Deb Skogen said everyone should check their books at home and if more Chapter copies are needed to please let her know. Adopted February 4, 2013 Fridley Charter Commission Meeting Minutes Page 2 January 7, 2013 DISCUSSION OF CHAPTER 5 Section 5.04 Commissioner Reynolds said she was opposed to increasing the signatures needed for an initiative petition from 10% to 15%. She said in the past she had to acquire 5% and that was hard. Ms. Skogen said 5% was due to a charter amendment and was set by state statute. For an initiative petition to amend the City Code, it has always been 10%. Commissioner Reynolds thought Ms. Skogen had suggested creating consistency in this chapter and wondered why there were different percentages for initiative (15%) and referendum (15%). She wondered why increasing initiative by 5% rather than decreasing referendum by 5%. Ms. Skogen said the recommended consistency in this Chapter was to change it from a percentage of the registered voters to a percentage of the votes cast at the last general election so it was consistent with a charter amendment. This would mean that it would be the same number of signatures throughout the year rather than getting numbers on a given day, as each day in the State Voter Registration System would be different. And for purposes of the Charter you would have to print a report on January 1st to have the correct number, as you cannot go back in time to find the numbers. Commissioner Holm said they did not want to make it easier than it was today. He said if you assume 75% of the population votes in a general election and you get 10% number, it comes out to 7 1/2 people per 100 and if you took 15% of that number it would be 10 people per one hundred and that it was equivalent to 10% of the registered voters at any one time. He did not feel it was excessive unless you believe it is too hard now to start with. Commissioner Reynolds said at any given time in Fridley, only 5% of the general public know what is going on. However, during an election year the information is publicized and out there and more people are aware. She said on a day to day basis of a change is needed that the citizen feel is way out of line, most people do not watch the council meeting. Most people do not get the SunFocus distributed in the City of Fridley. She said the SunFocus only circulates to 2500 (November 19, 2012). She said when you put a petition together and need to get the information out, she still felt 10% should be sufficient. Ms. Skogen said according to a recent certified audit of circulation, the SunFocus delivers to over 7,000 households in the City. Commissioner Flickinger said 15% of those that voted care, the 10% of the registered voters that may not vote, don't care and will sign a petition. He felt the number reflected should be from the people who have voted that really care about Fridley and feel the percentage is the same. Commissioner Reynolds said the difference was about 300 signatures. Commissioner Hoiby said it shouldn't be easy, and there should be a higher thresh hold. Commissioner Holm said any registered voter can sign the petition to bring something forward to the City Council for change. Commissioner Reynolds said they had not reviewed Section 5.07 and that staff would come back with a recommendation. Discussion about seventeen weeks vs. three months and was not sure if it answered the questions they had prior to the last meeting. Commissioner Holm suggested amending Section 5.19 as follows "If a regular municipal election is to occur within seventeen weeks after such meeting..." removing the language about a primary or general election. Adopted February 4, 2013 Fridley Charter Commission Meeting Minutes Page 3 January 7, 2013 Commissioner Holm said they thought about leaving the decision to the Council, but it may defer the process much longer. Commissioner Nelson said he did not think a special election should be required, as it would cost the City $15,000. He said ultimately, if a petition came forward, the council could support the change or the public could vote out the elective officials who did not support the change. Commissioner Holm wondered how a referendum petition would be handled. He said the Council would either withdraw the ordinance or send it to the voters to the next election - it would then go to the next general election, which could be almost two years. Commissioner Reynolds said that if it is a charter amendment you would have to hold a special election by state law. She said in Section 5.07 if you obtained 25% of the signatures, states it will go to the people for a vote. Commissioner Nelson thought this section meant anything more than a two year term left to serve. After further discussion, the Commissioners recommended having the ability of a special election if a recall petition is received. Commissioner Holm said if the Commissioners wanted to get rid of most of the sections containing special election, they thought more information was needed. Commissioner Nelson said the language conforms with the current law. Commissioner Holm said the commissioners were suggesting to get rid of the 25% provision completely, or, if it is left in, to leave the ability of having a special election. Commissioner Soule said 25% provision was for an initiative petition and you would need to allow for it to be placed on the ballot. Commissioner Reynolds said, according to the elections calendar it is almost impossible after the date of the primary election. Commissioner Holm MOVED and Commissioner Hoiby second a motion to affirm Section 5.05 to read "15% of the total votes cast at the last state general election in the City." The vote was 7 to 1, Reynolds voting nay, and the motion carried. Commissioner Holm MOVED that Section 5.07 be amended with language that if 25% of the votes cast at the last state general election would eliminate the provision requiring a special election upon a measure and that the form of Section 5.07 be amended with language that would require any such petitions, that are not affirmed by the City Council, would allow the question be sent to the electorate during the next regular election. Commissioner Soule said in Sections 5.06, if 15% it goes to petition, it is a valid petition, it goes to the next regular election, however Section 5.07 allows for a higher number of people to sign a petition to change something and that indicates the request for a special election, as it is an indication that it is a very important issue. Commissioner Reynolds said based on the state law, holding a special election is very difficult, as you cannot hold a special election during certain times of the year. Commissioner Nelson said if you remove the special election, there is no need for 25%. If you get 15% it would go to the electorate. The motion died for lack of a second. Adopted February 4, 2013 Fridley Charter Commission Meeting Minutes Page 4 January 7, 2013 Commissioner Holm MOVED and Commissioner Nelson seconded a motion to change the language in Sections 5.07 and 5.12 to eliminate the potential for special elections and that language be altered and brought back to the Commission for their review. Commissioner Braam wondered if you wanted to remove the special election completely, if there were a lot of people were stirred up. Commissioner Soule agreed. Commissioner Reynolds said the beauty of the petition is you get to knock on doors and let people know what is going on and what the issue is, they will sign it. Commissioner Flickinger said they will care when you are there but they do not come out and vote. Commissioner Hoiby said that the petitioners do not always tell both sides, it is usually one sided and did not think that was fair. Commissioner Holm said if we do not eliminate special elections, we would have to go back and modify the timeline of when an election might be held. Commissioner Reynolds said in most cases a special election does not give a true representation about an issue. The Mayor will tell you that those concerned about the issue will come out and vote, and it is usually the people who signed the petition. So, unless you educate or tell the voters about the election, you will not have a high turnout. After further discussion, the vote was taken. The vote was 2 in support and 6 against. The motion failed. Commissioner Holm asked if they felt the same about the referendum, in Section 5.14, to have the council reaffirm, or send to the voters at a special election, or send it to the next regular election. Ms Skogen said if the Council reaffirms the ordinance, the ordinance could not be implemented until after the findings of the special election. Commissioner Nelson MOVED and Commissioner Holm seconded a motion to remove the language requiring a special election in Section 5.14. Upon a vote, four voting aye and four voting nay, the motion failed. The Commissioners asked Ms. Skogen to define what the seventeen week period means. They reviewed the handout of the language staff provided from 10/29/2012. Commissioner Holm asked if seventeen weeks was a good number or should it be something other than that. Ms. Skogen said it had to do with election law and she would have to revisit the election laws. DISCUSSION OF PROS AND CONS OF BEING A CHARTER CITY Commission will not discuss this evening, due to the lateness of the hour. ADJOURNMENT Commissioner Holm MOVED and Commissioner Hoiby seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, COMMISSIONER GARY BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJORNED AT 8:35 PM. Respectfully submitted, __________________________ ______________________________ Adopted February 4, 2013 Fridley Charter Commission Meeting Minutes Page 5 January 7, 2013 Debra A. Skogen, Commissioner Peter Borman , Secretary City Clerk / Staff Liaison Adopted February 4, 2013