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CHM 02/20/1973 CHARTER COMMISSION MEETING February 20, 1973 The first meeting of the Charter Commission meeting opened at 7:56 p.m. MEMBERS PRESENT: Elaine Knoff, Jerry Radcliffe, Peg McChesney, Robert O'Neill , Roy McPherson, Donald Wegler, Jackie Johnson, Francis Casey, Herbert Bacon, Edythe Collins, Ole Bjerkesett, Harry Crowder, Ray Sheridan, and Jack Kirkham. MEMBERS ABSENT: Paul M. Shaw OTHERS PRESENT: Gerald Davis , City Manager; Virgil Herrick, City Attorney; and Marvin Brunsell , City Clerk Mr. Brunsell began the meeting of the Charter Commission by swearing in the Charter Commission members. He also passed around a combination of acceptance and oath form. Mr. Davis welcomed all of the members. He explained that they have been honored by the District Court Judge by being selected as a Charter Commission member. He said that the Council indicated a few months ago, that it would be a good idea to re-activate the Charter Commission. He said that there are some specific details in mind, which will come up later on for possi- ble charter changes. He then introduced Mr. Herrick, and turned the meeting over to him. Mr. Herrick explained that the Charter Commission was originally started in Fridley when the City became a home-ruled charter. He said that the Charter Commission last served in the active capacity in 1967. He explained that the Charter Commission had not been meeting since that time and it was the Council 's suggestion that they meet to look at the present Charter for Fridley. He talked about what should be done and some about the composition of the Charter Commission. He said that there are eight people elected for two-year terms , and seven people elected for four-year terms. He explained that after the initial appointment, re-appointments are for four years. The state law said that no person can serve for more than two consecutive terms . He said that they would have to elect a chairman and a secretary and to adopt some type of By Laws for rules and regulations to govern the conduct of the commission. He said the By Laws must be filed with the Court within 30 days from the time the commission assumes office. He said there is also the responsibility of the commission to file an annual report with the Judge, summarizing the meet- ings and activity of the committee's. He said that the Charter Commission is required to meet at least once a year. Mr. Herrick added that there is also a provision that if a member of the commission does not fulfill his responsi- bility, he may be removed by the Judge. There is also a specific provision in the statuate that says "If any member misses any four consecutive meetings without prior approval of the commission, this is an automatic vacancy of his position." Mr. Herrick claimed three ways of amendina a City Char;.er. Th2 first, he said, is outlined in section 1+10. i2 of the stet_ate that a:as passed around. He said that it was a provision where a petition of the electorate may request an amendment to the Charter which requires five percent of the i CHARTER COMMISSION MEETING, FEBRUARY 20, 1973 . PAGE 2 total votes cast in the last general election. Mr. Bjerkesett asked if that meant the votes actually cast on the amendment, the yes and no votes , or the total votes. Mr. Herrick interpreted it as the yes and no votes. The second method of amending the Charter is set forth in section 410.27. The procedure there is the Council proposes the amendment then the Council 's proposal is submitted to the Charter Commission and then the Charter Commission then approves or rejects the proposed amendment. He interpreted this as if the Charter Commission approved it, it would proceed, and if they rejected it, it would stop at that point. The third method is in section 410.31 . There, they have arrived at an alternative way of amending charters. The basic difference here is, that if this procedure is followed, the proposed changes do not have to be submitted to the electorate for a vote, and in general that procedure is upon the recommendation of the Charter Commission and the adoption by the unanimous vote of the City Council the Charter may be amended by ordinance and then the ordinance does not go into effect for 90 days , and if a certain percent of the electorate petition the Council requesting an election on one of the proposed changes , then an election must be held. He added that he also has three publications from the Minnesota League of Municipalities that he thinks are good. The first is "The Home Rules Charter Commission Procedure," the second one is entitled "Principles and Problems of Charter Making," and the third is called "A Model Charter for Minnesota Cities." He said that the Charter Commission is authorized to employ legal assistance and authorized to spend $1500 a year. He suggested a few things to be considered, as to when the next meeting will be held, how to proceed as far as adopting some set of By Laws , and whether they wish to chose a chairman and a secretary at this time or at the next meeting. Mr. Davis said the City's only other business would be to swear in the two gentlemen who arrived late. He said that it would then be up to the Charter Commission as to where they want to go from there. He said that in the future the commission would probably want to hear from the Council as a whole or indi- vidually, plus an input from the administration on any possible ideas that they might have from working with the Charter over the years. He asked if there were any questions. Mr. Bacon asked if there was a Charter Commission before. Mr. Davis said that there was but that the last record showed that it was around 1967. Mr. Bjerkesett asked if there were any problem area that they should call their attention to at this time. The City Attorney said the only thing would be to discuss when the next meeting would be held. He suggested a subcommittee to adopt some work on proposed By Laws. Mr. Davis said that if the Charter Commission comes up with some proposals that they want to place on the ballot, there is a certain amount of time, and the commission would have to know the exact wording of the proposal . He added that there were two choices. There would probably have to be a special city wide election. He also explained that depending on the amendment change, they may want to bring it to the Council under a new provision, or have an election. /1 CHARTER COMMISSION MEETING, FEBRUARY 20, 1973 PAGE 3 Mr. Brunsell then swore in Mr. Bacon and Mr. Kirkham as Charter Commissioners. MOTION by Mr. Bjerkesett to elect Mr. Ray Sheridan, temporary chairman of the Charter Commission. Seconded by Mr. Crowder. Upon a voice vote, all voting aye, the motion carried. Mr. Sheridan said that a night must be set as to when the next meeting would be held. The night of Tuesday, March 13, 1973 at 7:30 p.m. was agreed upon. Mr. Bjerkesett suggested that a small group committee be appointed to do some work on suggested By Laws. Three people volunteered. Mr. Crowder, Mr. Bjerke- sett, and Mr. O'Neill . This committee will meet on Monday, March 5, 1973 at 7:30 p.m. Mr. Davis asked Mr. Sheridan if he would like to keep the file or to keep it in the office. Mr. Sheridan said that it could be left in the office as long as the meeting will be held here the 13th. ADJOURN: The meeting of the Charter Commission was adjourned at 8:32 p.m. by Mr. Sheridan. Respectfully Submitted CAROL"MADY Acting Secretary