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CHM 10/16/1973 • CHARTER COMMISSION MEETING n Ocotber 16, 1973 The Meeting opened at 7:45 p.m. on October 16, 1973. ROLL CALL MEMBERS PRESENT: Ray Sheridan, Elaine Knoff, Roy McPherson, Clifford Ash, Jackie Johnson, Herbert Bacon, Ole Bjerkesett, and Jack Kirkham • MEMBERS ABSENT: Peg McChesney, Robert O'Neill, Donald Wegler, Harry Crowder, Francis Casey, Edythe Collins, and Jerry Ratciiff 1 iotjua Was made by Mr. Bjerkesett to accept the minuLes of the meeuing held September 18, 1973. Mrs. Knoff seconded the motion. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Sheridan indicated that he had not had a chance to get in touch with • Virgil Herrick as of yet. He asked if there were any reports from the officers? Mrs. Knoff reported for her committee, concerning Chapters 8, 9, and 10. She said they felt that the Charter should appeal to every citizen in the city. They thought the chapter on Eminent Domain, Chapter 9, should have a broader outline. Some of the other charters they looked at had a chapter outlined on what eminent domain was. She felt they needed an explanation of it. Mr. Sheridan said it could have more of a definition, and be more meaningful. He said it was probably the only chapter that the State Statutes take preference over. Mrs. Knoff questioned Page 28, Chapter 10, Provisions of Franchises. She said the term is 25 years but most of the other charters have 20 years. She asked if the commission would like to further discuss this. Mr. Sheridan thought it left a flexibility to the council to grant a franchise up to 25 years, unless it was changed. Mrs. Knoff said they could look into changing that. Mr. Sheridan added that they could recommend to the commission, set a mimimum(not less than not to exceed) . Mrs. Knoff asked them to clarify section 5 under the same section, 10.06. Why does the city have these rights? Mr. Sheridan said it was for establishing rates. Mr. Ash said in checking costs, you can see what they are telling you is right. Mr. Bjerkesett said he would like to refer to the same section, under 5B. "Every franchise •may contain, among other things, provisions relating to the following." He thought maybe it should be changed to must instead of may. Mr. Sheridan said it could be changed to shall. 'Mr. Ash said he did not really see the advantage of changing that to 25 years. He thought it would be a long term. He thought it should stay as it is. Mr. Sheridan said it might be for the protection of the citizens of Fridley, to have it changed for no less than and not to exceed 25 years. as a minimum. • • PACE 2 Mr. Bjerkesett said that a shortened term might be politically advantageous, but not publicly advantageous. Mrs. Knoff said thecr main interest was clarifying chapter 9. A motion was made by Mr. Ash to instruct the recording secretary to obtain a summary of the legal expenditures from the city management for the past few years, 1970, 1971, and 1972. Mr. Sheridan said he would clarify this before they voted. He said the legal expenditures are charged to different projects. indicated wanted the legal expenses for everything, including l He essments they g, %nc�l..a1ng all assessments. Mr. Bacon asked why they- needed this information? Mr. Ash said the question had come 'up at the last meeting to see if it was feasible to change the chapter to see f they could get set a c up legal office in t(2C'. city. They discussed which cities had their own legal department. Mr. Sheridan said that Brooklyn Center and Bloomington did. Mr. Bjerkesett seconded the motion. Upon a voice vote, all voting aye, the motion carried unanimously C OMMJN C,A T I ON S,. Mr. Sheridan said he or Peg McChesney had not received any communications. He asked if there was any unfinished business or new business to discuss. Mrs. Johnson asked if they were going to have a public hearing so that the people could submit their recommendations? Mr. Sheridan said he thought they should have, after they have gotten their communications together. All suggestions should be submitted for changes to be made. Mr. Bjerkesett understood that they were to invite those in separately who had suggestions and discuss these with them. Mr. Sheridan said he thought it could be controlled easier that way. They could get together in small groups for discussion. Mr. Ash asked if it was a binary decision? Mr. Sheridan said that he understood from Mr. Merrick that changes under the state statute, a minute change like changing a word from may to shall, could• be done by council. But, if they do not agree to the commissions recommendation, the commission could put it to a vote before the electorate. Mr. Ash said he did not understand how the council could change the Charter. Mr. Sheridan said it was through the recommendation of the Commission. The commission must first recommend the change and the council agree to the change. Mr. McPherson questioned the previous legislative sessions, Richfield or Bloomington had forecest a catastrophic situation on retirement and pensions. IIe said some of the cities had made •--no plans for setting up retirement funds. Mr. 'Sheridan said it is handled through PERA, Public Employees Retirement Association, a state controlled social security type of association. IIe said government or permissable employees do not come under social security. • PAGE 3 • Mr. McPherson said they do not really run their own retirement program. He did not see anything in the Charter relating to this area. He was interested in where it came in and how it was taken care of. Mr. Sheridan mentioned that it indicated in the previous minutes the meeting to be held December 18 might be cancelled. It was decided that unless a special meeting was called by the cotmnission, the December meeting would be cancelled. The next meeting will be held November 20th. ADJOURNMENT: Mr. Sheridan adjourned the meeting at 8:42 p.m, Respectfully submitted, Shelley Morrison Recording Secretary • • r •