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CHM 01/20/1976 CHARTER COMMISSION • January 20 , 1976 MEMBERS PRESENT : Charles Langer , Elaine Knoff , Ole Bjerkesett , Raymond Sheridan , Harry Crowder , Clifford Ash , Ken Brennen , Robert O 'Neill , Herbert Bacon , Roy McPherson. . MEMBERS ABSENT : Jerry Ratciiff , Peg McChesney , Jackie Johnson , John Swanson OTHERS PRESENT : Marvin Brunsell - Finance Director/Assistant City Manager • Chairperson Sheridan opened the meeting at 7 : 32 p .m . T . OATH OF' OFFICE : Mr . Brunsell led Mr . Charles Langer in the oath of office to fill -out the unexpired four-year term of Edythe Collins as a member of the Fridley Charter Commission. II . . COMMUNICATIONS : Mr . Sheridan read aloud a letter from Karen Johnson who had been appointed to the Charter Commission by Judge Gillespie to fill out the unexpired term of Joan McLaughlin . Ms . Johnson stated in her letter that she would be unable to accept an appointment to the Charter Commission at this time due to other responsibilities . III . APPROVAL OF MINUTES OF NOVEMBER 18 , 1975 CHARTER COMMISSION MEETING : MOTION by Elaine Knoff , seconded by Ole Bjerkesett , to approve the minutes of the November 18 , 1975 Charter Commission meeting as submitted . Upon a voice vote , all voting aye , the motion carried unanimously . IV. REPORTS FROM OFFICERS : • There were no reports from officers . V. COMMITTEE REPORTS : Section 5 . 02 -- EXPENDITURES BY PETITIONERS The Commission agreed with the revisions of this section as sub- mitted by the committee members . • Section 5 . 03 - FURTHER REGULATIONS The Commission agreed with the new section 5 . 03 as written by tje committee members . Mr . Bjerkesett stated the committee had added the words "in (cont . ) CHARTER COMMISSION MEETING PAGE : TWO accordance with rules established in Section 5 . 03" to the end of the first sentence of Section 5 . 13 . He added this was intended to bring this into accordance with state statutes . • Mr . Brennen stated he felt the word "procedures" would be better than "rules" . The Commission agreed . Section 5 . 08 - INITIATIVE BALLOTS Mr . Ash stated it was the position of the committee that the ' City Council should be responsible to resolve the inconsistencies- in case of inconsistency between two or, more initiative ordinances approved by the electors . Mr . Bjerkesett stated if this was r_ :•'t satisfactory , the petition route was still open . The change reads as follows : In case of inconsistency between two or more initiative ordinances approved by the electors , the ordinances shall not go into effect until the City Council has had 60 days to resolve the inconsistencies . The Commission agreed with this change . ■••■ Section 5 . 19 - INSTRUCTIONS TO PETITIONERS Mr . Brennen stated this section requires that the City Clerk provide written instructions to every petitioner . Mr . Sheridan stated this section is now making it mandatory., where it is now just administrative procedure . Section 6 . 04 - SUBORDINATE OFFICERS Section 6 . 05 - PURCHASES AND CONTRACTS Section 6 . 06 - CONTRACTS , HOW LET In reference to Section 6 . 04 , Mr . Sheridan stated the Commission was somewhat surprised that the Council did not like the idea of the city attorney being appointed by the City Manager . He added. , if this is not adopted , the Commission still has the option of putting it on the ballad for election . • Mr . Sheridan stated Section. 6 . 05 , as it was changed , will insure that it is in accordance with state statutes . If state statutes are altered , the Charter will still be up-to-date . The Commission agreed on all of these changes . ■ ••■ • • • CHARTER COMMISSION MEETING PAGE : THREE SECTION 7 . 04 - PREPARATION OF ANNUAL BUDGET • SECTION 7 . 05 - PASSAGE OF THE BUDGET SECTION 7 . 14 - ACCOUNTS AND REPORTS Mr . Sheridan stated it was the position of the committee that the City Council leave these sections as they are presently written . He added the city has not been able to obtain - the necessary figures from the county in time . Therefore , they have had to table the item of the budget . Ms . Knoff asked Mr . Sheridan whether this was a legitimate argument . He stated this was a valid argument . Mr . Ash stated t e C " ty Council is not acting by the Charte• . He stated the is a valid piece of information which the people need to make decisions in an election year . He felt this could be a very key political issue . He added he would like to think about this matter for awhile to consider the issues . MS . Knoff suggested putting this issue before the electors . She added the Commissioners could give this issue a lot of public relations . /••• Mr . Sheridan suggested adding a provision requiring the county auditor to have such information available at an earlier date. *Mr . Crowder felt the city should justify or detail any increase in budget . Mr . Ash stated his main concern was that a budget exists at the first City Council meeting in August ; and also that the Council proceeds to discuss the budget at that meeting . He suggested if a budget is not submitted at that meeting , the City Council would not get paid . Mr . Sheridan stated his committee would give these sections more thought and get back to the Commission at the next meeting . Section 10 . 05 - RATES AND CHARGES Section 10 . 06 - PROVISIONS OF FRANCHISES Section 10 . 09 - PUBLIC HEARINGS Mr . Brennen stated his committee had decided that both the words "public utility" and "franchisee" should be included in these sections . He added his committee had looked up the definitions of the words but could not find any distinctions . However , they are treated differently . n The Commission agreed with the changes . • A CHARTER COMMISSION MEETING PAGE : FOUR MOTION by Ole Bjerkesett , seconded by Harry Crowder , to approve the following reports : 5 . 02 , 5 . 03 , 5 . 08 , 5 . 19 , 6 . 04 , 6 . 05 , 6 . 06 , 10 . 05 , 10 . 06 , 10 . 09 as amended at the meeting . Upon a voice vote , all voting aye , the motion carried unanimously . NEXT MEETING DATE : The next Charter Commission meeting will be held on February 17 , 1976 at 7 : 30 p .m. ADJOURNMENT : MOTION by Clifford Ash , seconded by Ken Brennen , to adjourn the meeting at 9 :05 p .m. Upon a voice vote , all voting aye , the motion caried unanimously . Respectfully submitted , ' Holly yonsager �7 Recording Secretary