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CHA 03/07/2016 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MARCH 7, 2016 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A UPPER LEVEL CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: Motion approving the March 7, 2016 agenda 2. APPROVAL OF MINUTES Motion approving the February 1, 2016 minutes 3. ADMINISTRATIVE MATTERS A. Election of Officers B. Commission Vacancy C. Update on Charter Amendment 4. OLD BUSINESS 5. NEW BUSINESS A.Discussion of Charter Commission Bylaws 6. FUTURE MEETING TOPICS/COMMUNICATIONS A. Discussion of Chapter 10 (Tabled until after current franchise negotiations completed) 7. ADJOURNMENT Motion to adjourn the meeting Next Regular Commission Meeting Date: MONDAY, APRIL 4, 2016 Location: Fridley Municipal Center Conference Room A CITY OF FRIDLEY CHARTER COMMISSION MEETING FEBRUARY 1, 2016 CALL TO ORDER: Chairperson Reynolds called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Don Findell, Marion Flickinger, Manuel Granroos, David Ostwald, Barb Reiland, Pam Reynolds, Lois Scholzen, Cynthia Soule and Richard Walch Members Absent: Commissioners Ted Kranz, Rick Nelson, Novella Ollawore and Avonna Stark Others Present: Deb Skogen, City Clerk/Staff Liaison Mayor Scott Lund APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Flickinger seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Two small changes to the minutes were made, correcting the spelling of Avonna on page 1, and changing Commissioner Saefke to Councilmember Saefke on page 2. Commissioner Braam MOVED and Commissioner Reiland seconded a motion approving the Charter Commission meeting minutes of November 5, 2015, as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A.Commission Vacancy CHARTER COMMISSION MEETING OF FEBRUARY 1, 2016 PAGE 2 Ms. Skogen stated she has received no applications for the vacancy created from the expirati SunFocus and on the web site It was also suggested that if people attend their precinct caucuses that they notify the attendees of the vacancy. B.Appointment of Nominating Committee Chairperson Reynolds appointed Commissioner Walsh as Chair of the committee and Commissioners Ostwald and Scholzen as additional members. The Committee will meet after the meeting to prepare a Nominating Committee and provide that report to Ms. Skogen to mail out to the Commissioners to meet the requirements of the bylaws. C.Commission Bylaws Chairperson Reynolds asked if the Commission could receive Bylaws from other Charter Commissions to use as examples. Ms. Skogen said most city charter commissions only meet annually, as required by state law, unless there is the need for discussion or change to their charter. She did not think other cities had bylaws. Chairperson Reynolds said a question was brought up last year about the Nominating Committee meeting via telephone. She did not think that the Nominating Committee violated the open meeting law because she felt they were not subject to the law because it was not a quorum of the body. Ms. Skogen said according to her training and research, the Nominating Committee was subject to the open meeting law as they were a committee of the Commission but would do additional research to find an answer and provide it to the Commissioners prior to the next meeting. Chairperson Reynolds wondered what the purpose was for electing officers annually and -annually. Commissioner Reiland said that would be possible but the bylaws would have to be amended to reflect that change. Commissioner Soule thought it would be a good idea to review the bylaws annually. Chairperson Reynolds said a staff liaison was created in 1978 and wondered if that should be added to the bylaws under the duties of secretary. Ms. Skogen said the last sentence could be changed to reflect that suggestion. Commissioner Findell asked if he could prepare language for the Commissioners to review at their next meeting and they all agreed he could. CHARTER COMMISSION MEETING OF FEBRUARY 1, 2016 PAGE 3 OLD BUSINESS Ms. Skogen provided an update on the request from CenturyLink to obtain a cable television franchise. She said a public hearing was held on December 28, 2015 to take public comment on the issue and a final report had been provided to the City Council determining that CenturyLink had a valid application and met the basic requirements. The City Council adopted aresolution allowing CenturyLink to begin negotiations with the City. CenturyLink will work with the Citys attorney in this matter to prepare a franchise similar to that of Comcast by an ordinance. Commissioner Soule asked if there was any way to consider a service level for outages. NEW BUSINESS Mayor Scott Lund said citizens were observant about what is going on around the City. He said the last meeting was long but it was good to see citizen participation. He said the Cielio Apartments will begin leasing apartment space in the first building. There are 102 apartments in the first building and it seems to be very popular. When the project is completed there should be a total of 256 apartments. Mayor Lund provided an updated on the Columbia Arena site and the Citys direction to relocate City Hall and Public Works together on the site, along with other uses such as housing. FUTURE MEETING TOPICS/COMMUNICATIONS Administrative Matters Election of Officers Update on Vacancy Update on Amendment to Chapter 6 Ordinance New Business Review of Charter Commission Bylaws ADJOURNMENT: Commissioner Soule MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:52 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Commissioner Donald Findell, Secretary February 9, 201 Fridley Charter Commission Nominating Committee Report st The Nominating Committee met on February 1 and offers the following nominations to serve as the 2016-2017Charter Commission Officers: Chair Pam Reynolds Vice Chair David Ostwald Secretary Don Findell All three members have agreed to serve if elected. The annual election will be held on TH MONDAY MARCH 7 at 7 pm in Conference Room A in the Upper Level. The Nominating Committee consisted of Richard Walch, David Ostwald and Lois Scholzen. FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Approved Amendments September 09, 2013 I.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 residents of Fridley. III.MEETINGS A.Commission meetings will be held in the Fridley Municipal Center; or a designated public location upon proper notice. 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 upon proper notice. D.A quorum to conduct business shall be determined according to the following schedule: Number of Appointed 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. B.In January of each year the Chair shall appoint a nominating committee of three (3) Fridley Charter Commission By-Laws Page 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. March 7, 2016, Proposed By-Laws change B. Duties of Officers and City Staff Liaison. 1.The Chair shall have the following responsibilities: a.to call all regular and special meetings of the Commission, b.to set the agenda of the meetings, c.to preside at all meetings. d.to implement the decisions of this Commission, and e.to 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 (with the assistance of a City of Fridley Staff Liaison) shall be responsible for: a.keeping an accurate record of attendance at all meetings, b.keeping a recording of minutes at all meetings, c.distributing minutes to members within a reasonable time, d.giving notice to members who have missed three (3) consecutive meetings pursuant to Article IV, Section B, of the By-Laws, e.transmitting all correspondence and related resource material concerning the Charter Commission to the City Clerk Staff Liaison for retention, and f.presiding at meetings in the absence of the Chair and Vice Chair. 4.The City Staff Liaison shall be designated by the City Clerk and serve as a recording secretary at all meetings of the Charter Commission. The Liaison, with the direction of the Secretary, will have the following responsibilities: a.serve in an advisory capacity at all meetings as a non-voting member, b.assist the Commission by providing research information as requested by Officers, c.accurately record attendance and minutes of all meetings, d.distribute minutes and notices of upcoming meetings with proposed agenda in a timely manner, e.prepare proposed Charter changes for submission to the City Council, f.submit records of proceedings to the City Clerk for retention.