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CHM 05/06/2013 CITY OF FRIDLEY CHARTER COMMISSION MEETING MAY 6, 2013 I. CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:06 p.m. II. ROLL CALL: Members Present: Gary Braam, Don Findell, Marian Flickinger, Carol Hoiby, Bill Holm, Nancy Jorgenson, Ted Kranz, Rick Nelson, Cindy Soule Members Absent: Pete Borman, Barb Reiland, Pam Reynolds, and Lois Scholzen Others Present: Deb Skogen, City Clerk/Staff Liaison III. APPROVAL OF AGENDA Deb Skogen recommended the Commission review the ordinance amending Chapters 7-12 presented to the City Council at a public hearing on June 28, 2010, under Administrative Matters Item C for discussion. Commissioner Soule MOVED and Commissioner Hoiby seconded a motion approving the meeting agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. IV. APPROVAL OF MINUTES Commissioner Kranz MOVED and Commissioner Jorgenson seconded a motion approving the Charter Commission meeting minutes of April 1, 2013. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. V. ADMINISTRATIVE MATTERS A. Vacancies Ms. Skogen said Novella Olawore and Richard Walch had applied to the Commission and were present to answer any questions the Commissioners might have. Richard Walch said he had lived in the city for seven years. He said had been active in politics and supported various candidates but was interested in become active in a more non-partisan way. He has a CPA, but works as a business analyst doing technical support for Ameriprise. He said a friend saw an article in the Fridley Sun Focus and told him about the position. Novella Olawore said she had served in Brooklyn Park on their Human Rights Commission and was looking to get more active in Fridley, even though she was a renter. She works for Hennepin County Taxpayer Services. Ms. Skogen said the application was received last fall and Ms. Olawore was still interested. Adopted 09-09-13 CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 2 Commissioner Braam MOVED and Commissioner Jorgenson seconded a motion recommending the appointment of Novella Olawore and Richard Walch to the chief judge for the two vacancies. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. B. Update on Chapters 4 and 5 th Ms. Skogen said the two ordinances received their second reading on May 8, had been published and st become effective on July 31. There were no issues and everything passed unanimously. Commissioner Kranz had attended the meeting and the Council was very supportive and thanked the Commissioners for all of their hard work. C. Discussion of Ordinance Amending Chapters 7-12 from June 28, 2010 public hearing Ms. Skogen said a public hearing to review the ordinance was held on June 28, 2010, and the Council had a few questions to bring back to the Charter Commission. Unfortunately, due to the Legislative changes to elections, the Commission began working on Chapters 4 and 5 and the ordinance amending chapters 7- 12 was put on the back burner. She suggested placing it on the September agenda for discussion. She will provide the ordinance, the memo and minutes to the meeting regarding the public hearing. The public hearing was continued so it can still be brought back to the Council. She provided her copy of the ordinance with her handwriting regarding questions and suggestions. Under Section 2, Chapter 8, Councilmember Bolkcom asked what transportation lines meant. After some discussion she suggested using “modes of transportation” or something like that. Commissioner Saefke agreed stating there was only one transportation line, street cars along East River Road, when the Charter was adopted and now there are several different modes like busses and the light rail. The Council had a question as to the thought process of the establishment of the Public Utilities Commission and in Chapter 12, Section 1, adding “by mailing or posting or printed copies or as per State Statute” to the language being amended. After some discussion between transportation modes and or corridors or facilities, Chairperson Nelson said they discussed the issue and suggested reviewing the previous minutes and bringing it back for discussion at the next meeting. Chapter 8, Section 8.05 and Chapter 11, Section 11.08 appear to have a discrepancy in that Section 8.05 requires a super majority of the Council (4/5 vote) and Section 11.08 only requires a majority of the Council (3/5 vote). It was determined they both sections should read the same way. So Section 11.08 would read, “will be at the discretion of the Council by a majority vote shall require an affirmative vote of at least four (4) members of the City Council.” After further discussion, Section 8.05 last line should be changed to read, “…public works department under competent supervision and provided the department with suitable equipment.” Ms. Skogen said Councilmember Bolkcom did not like long run on sentences and recommended making changes. In addition, Councilmember Bolkcom wondered if state statute should be required by the mailing or posting. Ms. Skogen said earlier in the paragraph the laws of Minnesota are referred to so did not feel it was necessary as there may be many different statutes that pertain to publication requirements. She read the recommended changes made by the Council: “The Council may in its discretion, in addition to the publications required in this Charter also provide for the publication of important city information, including but not limited to, the annual budget, ordinances, and resolutions election notices and such other measures and matters as it may deem wise. Such publications may be done by mailing or posting of typewritten, mimeographed or printed copies thereof on bulletin board located in public places of the city in such number and for such period of time as the Council may direct in each case. In addition, the city council may use electronic means for publication….” Adopted 09-09-13 CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 3 Chairperson Nelson wondered why elections was removed. Ms. Skogen stated elections was referred to in the second sentence of the Section and also had specific requirements by state law. There was further discussion about the other specific items mentioned. Ms. Skogen suggested removing the specific types. Commissioner Soule said the first part of the paragraph discussed the requirements of having an official newspaper and that the second half of the paragraph allows the council to publish other documents at its discretion. The Commissioners decided to split the paragraph into two sections: The second paragraph of the section would read: “The Council may at its discretion provide for the publication of other city information. Commissioner Soule felt the intent was to expand the communication modes more widely to allow residents to consume the information in different formats. Ms. Skogen said this was the biggest section that should really be reread and have further discussion. She recommended reviewing it prior to the next meeting and if any of the Commissioners had any suggestions they should send them to her. Chairperson Nelson suggested having a savings sentence in the last sentence and he will put it together and send it. (if one section becomes null and void, the rest of the section would remain in effect) VI. DISCUSSION OF CHARTER COMMISSION BYLAWS Ms. Skogen said there are some organizations allowing electronic voting. In this case, if you could not get a quorum and there was something urgent, you could send the information out electronically and request an electronic vote within a specific number of days. It was just an item that was new and thought the Commission should discuss it. Chairperson Nelson requested they review the bylaws. Section II – change to “meet the needs of the residents of Fridley” instead of people. Commissioner Soule wondered if members could attend a commission meeting electronically, using SKYPE or something similar. Ms. Skogen said at this time the City is not set up for that possibility. Section VII – if there was an emergency and you couldn’t get together to meet or there was a snow storm and Commissioners couldn’t get to the meeting where a vote would be taken. Commissioner Jorgenson asked how the public would know what was happening. Ms. Skogen said this would not be used for something new but for something that has been under discussion. An example would be where something is discussed at a meeting, she would put together some language and send it to the Commissioners for their approval to allow it to be sent to the Council before the next Charter Commission meeting. Commissioner Braam said a motion could be made and seconded and voted on at a meeting requesting that something be prepared and sent out for a vote after the meeting. This would allow others to vote who were not in attendance at a meeting if it is an important or urgent matter. Commissioner Nelson suggested that the vote would be included in the meeting minutes of the next meeting. Adopted 09-09-13 CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 4 Commissioner Nelson recommended “electronic voting by the commission may be used upon prior approval by the Charter members in attendance at a meeting.” After further discussion, it was decided that if the Commissioners have any ideas prior to the next meeting for language, it should be sent to Ms. Skogen to incorporate into the next agenda. VII. DISCUSSION OF CHAPTER I Chapter 1 was not included in the meeting materials. Commission Flickinger MOVED and Commissioner Kranz seconded a motion to table the discussion for this chapter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. VIII. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY Commissioner Kranz MOVED and Commissioner Flickinger seconded a motion to table the discussion for this item. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. IX. FUTURE MEETING TOPICS The agenda for the September 9, 2013, meeting will include, discussion of ordinance Amending Chapters 7-12, the Commission’s Bylaws, update on the legislative session, discussion of Chapter 1 and the pros and cons of being a Charter City. X. ADJOURNMENT: Commissioner Braam MOVED and Commissioner Jorgenson 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 8:31 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Donald Findell, Secretary City Clerk/Staff Liaison Adopted 09-09-13