Loading...
CHM 04/01/2013 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. Adopted 05/06/2013 CHARTER COMMISSION MEETING OF APRIL 1, 2013 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. 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. Adopted 05/06/2013 CHARTER COMMISSION MEETING OF APRIL 1, 2013 PAGE 3 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: 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 Adopted 05/06/2013 CHARTER COMMISSION MEETING OF APRIL 1, 2013 PAGE 4 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." 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 Adopted 05/06/2013