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CHM 11/19/1974 CHARTER COMMISSION November 19, 1974 MEMBERS PRESENT: Ray Sheridan, Ole Bjerkesett, Harry Crowder, Peg McChesney, Elaine Knoff, Jackie Johnson, Herb Bacon, and Edythe Collins MEMBERS ABSENT: Roy McPherson, Jerry Ratcliffe, Robert O'Neill, Donald Wegler, Francis Casey, Jack Kirkham, and Clifford Ash Chairman Ray Sheridan opened the meeting at 8:33 p.m. REPORT FROM OFFICERS The letter to Mr. Sheridan from Kenneth Sporre was received, in reference to the letter Mr. Sheridan had sent to the Co::lmittee of Petitioners dated October 16. Mr. Sheridan presented copies of Mr. Sporre's letter to all members of the Commission. REPORT OF COMMITTEES Harry Crowder, Chairman of the Nominating Committee, reported on the reasons for nominating the present officers. Mr. Crowder felt that most of the work would be done about the time they were through with the election, and the Nominating Committee felt the present officers could carry the continuity through. Mr. Crowder said he had asked the President, Vice-President, and Secretary- Treasurer whether or not they could serve another term and each of them consented. Mr. Crowder stated the incumbent officers would stand for re-election since they had nobody else come forth to the Committee seeking that their name be put up for nomination. Mr. Sheridan asked if there were any nominations from the floor. Mr. Sheridan asked a second and third time if there were any nominations from the floor. MOTION BY ELAINE KNOFF THAT THE HEARINGS BE CLOSED, BEING THERE NO FURTHER • NOMINATIONS FROM THE FLOOR. Seconded by Jackie Johnson. Upon a voice vote, the motion carried unanimously. MOTION BY HARRY CROWDER THAT THE COMMISSION CAST A UNANIMOUS BALLOT FOR THE MEMBERS THAT ARE NOMINATED: PRESIDENT, RAY SHERIDAN; VICE-PRESIDENT, OLE BJERKESETT; AND SECRETARY-TREASURER, PEG McCHESNE'Y. Seconded by Elaine Knoff. Upon a voice vote, the motion carried unanimously. Mr. Sheridan expressed his thanks to the Commission for their confidence in the elected officers. Herb Bacon suggested that something be done with the members that have showed no effort in meeting with the Charter Commission. Mr. Bjerkesett questioned what the procedure was on this, and asked whether there was a time limit on submitting names for appointments to the District Judge. Mr. Sheridan said he did not know for sure, but thought that 30 days would be the minimum before the new term to notify the judge of the requests of new appointments. Mr. Sheridan said it was his suggestion that if the Commission were to submit names, the people should be screened beforehand as to their willingness to serve on the Committee along with their consent to have their name submitted. Mr. Bjerkesett asked if the original list of names was in excess of 15? Mr. Sheridan stated that it was. Mr. Sheridan said the Charter Commission would submit a list of names to the District Judge. Page 2 Mr. Bjerkesett suggested that a letter be sent prior to the Commission's January meeting, inviting all members who did not feel they wanted to continue to serve to let the Charter Commission know by the January meeting. Then a new list of names could be submitted to the Judge, replacing those that wished to be replaced in February. Mr. Bjerkesett asked if the two year .terms would now be replaced by a four year term appointment. Mr. Sheridan said it would. Peg McChesney felt each person should be contacted personally. Mr. Sheridan said when a member misses three consecutive meetings without a valid excuse they are automatically removed from the Commission. (The recording secretary will check with the past minutes to see who the members are that have missed the past three meetings. These people will not be notified but removed from the Commission.) The only members that Mrs. McChesney will contact will be the members whose terms expire in February, to see if they would like to be reappointed in February. The following terms expire in February: Elaine Knoff, Jerry Ratcliffe, Peg McChesney, Robert O'Neill, Roy McPherson, Donald Wegler, Clifford Ash, and Jackie Johnson. In addition, a 4 year term member, Jack Kirkham, will be contacted. Mr. Sheridan said in his transmittal to the Judge, he would indicate the people that would agree to serve for reappointment. DISCUSSION ON PETITION LeeAnn Sporre entered the meeting and asked if any action had been taken on the petition, concerning a change in the Charter, Chapter 2, Section 205, Vacancies in the Council. Mr. Sheridan said no action had been taken yet, but the Commission was to begin discussing this item at this time. Mrs. Sporre said she could not stay for the remainder of the meeting, but asked if there were any specific questions. /•� Mr. Sheridan voiced his opinion, and said he had some reservations as to the wordage in as much as he could see that it could very well possibly be that within a 30 day period you could have two elections of the same office because of the requirement of 60 day limit from the time of the vacancy. Mr. Sheridan said he would contact Mrs. Sporre the following day. Mrs. Collins asked if the recommended changes in the Charter included that a special election be held if they didn't appoint within 60 days of the general election. Mr. Sheridan said it did, the election would be for the unexpired term. This gives the Council the option of appointing. Mr. Sheridan stated that after his letter to the Committee of Petitioners,. he met with Virgil Herrick and he went over the section of the Statutes with regards to petitions or amendments to the Charter. In one section it states, "If a proposed amendment contains' more than a 1,000 words, a true copy and correct copy of the same may be filed with the City Clerk, and the petition shall then contain a summary of not less than 50 words nor more than 300 words. The summary, together with a copy of the proposed amendment, shall be first submitted to the Charter Commission for its approval as to form and substance." It is Mr. Herrick's contention that whether it is less than 50 words or up to 1000, it has to come to the Charter Commission first.for form and substance. It is Mr. Herrick's contention that these are not valid, because they did not go through that procedure. Mr. Sheridan said he did not disagree with Virgil Herrick, but felt"the Commission could possibly meet with the Committee of Petitioners and come up with something agreeable to both the Commission and the Committee, and then present that to the Council along with the other amendments. .r Page 3 Under the approval of the Commission, Mr. Sheridan said he would convey to Mrs. Sporre that the Charter Commission had reviewed the petition and no action was taken on it because they have been advised that this is not a valid petition, but would be willing to sit down with the Committee of Petitioners. Peg McChesney felt they should be communicating with the signatures of the circulation of the petition. Elaine Knoff said that Mr. Sporre was the one who appeared before the City Council with this item. Mr. Bjerkesett said he agreed with Ray Sheridan's suggestion that the Committee of Petitioners be advised that the Commission has taken no action because they were advised that the petition was not valid. They would allow them time to meet with the Commission and discuss the issue, without any indication that they will get favorable action on the petition. Mr. Crowder said he was surprised that none of the petition signers were present at this meeting. The Commission decided to send a letter to the Committee of Petitioners stating that the advise of Council is determined that the petition is not valid, and the reasons for it, and invite the Committee of Petitioners or whoever they may select as their spokesman, to attend the January meeting from 8:00 to 8:30 p.m. Peg McChesney felt there is plenty of workable time for everybody to contribute to this. Edythe Collins said there would be a vacancy in the Council in January. Ole Bjerkesett said there was no way they will receive action on that that will have affect on that whatsoever. Mr. Sheridan said even_:if the Charter Commission elected tonight to make a change in that section of the proposed amendments and presented it to Council for action, the first time that that could be done would be December 2 (after two public hearings), and there is 90 days between the time they adopt it and it goes into a law. Mrs. McChesney was concerned with going about this in an informative method. Mr. Bjerkesett said the Committee of Petitioners have a legal opinion from the City Attorney that this is not a valid petition, and they would have to take legal action to force the Council to do something. Ray Sheridan said he did not want to push that issue. Mr. Bjerkesett said he did not want to either, but assuming that they are able to establish that the petition is valid, they could call a special election. It is adopted and becomes a part of the Charter, the Charter Commission can amend it and submit another vote to put it back where it was before. Mrs. McChesney said this was her main concern; to save the City of Fridley the cost in many ways of a special election. Mr. Bjerkesett agreed to this. He felt one thing was being overlooked and that was the option of Council to call a special election, under the present Charter. ADJOURNMENT Mr. Sheridan asked if there was any unifinished or new business. Being there no further business, Fir. Sheridan asked the members if they would like to continue meeting the third Tuesday of the month. The Commission agreed to holding their meetings as originally set up, but decided to make an exception for the January meeting and hold it a week earlier, so they have at least 30 days before the February meeting to submit the list of names to the District Judge. MOTION BY HERB BACON TO ADJOURN THE MEETING. Seconded by Harry Crowder, and the meeting adjourned at 9:28 p.m. The next meeting will be Tuesday, January 14. Respectfully submitted, Recordi' g S- Tetary