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CHM 04/20/1976 CHARTER COMMISSION MEETING April 20 , 1976 MEMBERS PRESENT : Raymond Sheridan , Elaine Knoff , Peg McChesney , • Robert O 'Neill , Jackie Johnson, Clifford Ash , Roy McPherson , Ole Bjerkesett , Harry Crowder , Charles Langer MEMBERS ABSENT : Jerry Ratcliff , Kenneth Brennen , John Swanson Herbert Bacon OTHERS PRESENT : William Nee , Mayor Nasim Qureshi , City Manager Marvin Brunsell , Asst. City Manager/Finance Dir . William Scott , Rep . of the Fridley DFL Club Chairperson Sheridan opened the meeting at 7 : 45 p .m. APPROVAL OF MINUTES OF FEBRUARY 17 , 1976 CHARTER COMMISSION MEETING : MOTION by Charles Langer , seconded by Clifford Ash , to approve the minutes of the February 17 , 1976 Charter Commission meeting as written. Upon a voice vote , all voting aye, the motion carried unanimously . COMMUNICATIONS : The Charter Commission members received copies of a letter dated April 20 , 1976 from Marvin Brunsell to Raymond Sheridan in which Mr . Brunsell outlined action taken by the Council on the proposed Charter changes . DISCUSSION ON PROPOSED CHARTER CHANGES : (*refers to further changes) Section 5 . 03 - Further Regulations : Mr . Bjerkesett stated he felt it was pretty obvious what this section means . He added the word "all" (to be stated and noted in the petition itself) refers to the grounds and the reasons authorized by law. Mayor Nee stated Mr. Herrick had agreed this was ambiguous when the issue was raised at the public hearing . Mr . Bjerkesett stated he had no objection to clarification of this section . of 5 . 03 . The Commission changed the first sentence of the first para- graph of this section to read as follows : A lawful Petition under this Charter may be certified , signed and circulated upon an ordinance to be initiated , an ordinance to be made the subject of a referendum and a * proceeding for Recall upon the grounds authorized by law and required by the Constitution of the State of Minnesotai and reasons stated in the certificate, are to be stated and noted in the petition itself . • CHARTER COMMISSION MEETING , APRIL 20 , 1976 PAGE 2 Mayor Nee stated it was his feeling that the referendum , recall , and initiative processes were very valuable for keeping every- body "in the game" . He added there were certain problems from the petitioner ' s point of view. He added the Charter is deficient in getting the petitions approved and acted upon. He added he felt the burden should be on the City to demonstrate a sig- nature is not valid before it is thrown out . Otherwise , he stated , the signature should be accepted as valid . Mayor Nee stated he felt the City Charter should state something to this effect . Mr . Bjerkesett stated he was sure state statutues require some type of check against voter registration . He added the City Charter presently states the Finance Director is only required to determine whether the signatures on the petitions are those of registered voters . Mr . McPherson stated he did not feel a voter registration card should be the deciding factor as to whether the signatures were valid . Mr . Ash stated the person who files the petition has the res- ponsibility to see that the petition is valid . Mr . Scott stated he would like to express some concerns of the DFL Club . He stated this section tends to thwart a burden on the circulator of the petition. He added an effort should be made to encourage people to take part in this type of thing . Mr . Scott was referring to the word "prosecution" in this section . Mr . Ash stated citizen participation is good , but any person circulating a petition has a responsibility . Mayor Nee stated he did not agree totally with Mr . Scott ; however , the tone of this was threatening . The Commission held a short discussion on "what is a genuine signature?" . • The Commission changed the fifth sentence of the second paragraph of this section to read as follows : The circulator of every paper shall verify by affidavit attached that he (she) was the circulator of the same , * that each signature was made signed in his (her) presence , #e•-genafitew and is of the person that same purports to be and that each signer affirmed that he (she) was an elector at the residence stated thereon. r-� Sections 5 . 05 , 5 . 06, 5 . 13 , & 5 . 14 : • In regard to Sections 5 . 05 , 5 . 06 , 5 . 13 , and 5 . 14 , Mayor Nee explained Mr . Herrick had advised the Council not to act until further explanation of Section 5 .03 . • CHARTER COMMISSION MEETING , APRIL 20 , 1976 PAGE 3 Section 5 . 08 - Initiative Ballots : Mr . Sheridan asked what the objections were in regard to this section. Mayor Nee stated the purpose of initiative ballots was to remove the decision from the City Council ' s hands . He added this proposed change has the effect of putting it back in the City Council ' s hands . He felt this was contradictory to its intended purpose . Mr . Ash stated the Council would have many alternatives with which to deal with this conflict . He added the Commission felt it was the City Council ' s responsibility to resolve the incon- sistency between two or more initiative ordinance approved by the electors . Mayor Nee suggested changing this section to read the ordinance approved by the highest number of electors would prevail . Mr . Ash stated he did not feel that would resolve the issue at all. The Commission decided to make no further changes in this * section of the Charter . Sections 7 . 04 , 7 . 05 , & 7 . 14 : Mr . Qureshi stated the City Council receives a very thick copy of the budget . He wondered whether it was the Charter Commission' s intent that this entire packet be published . The Commission stated this was not their intent . Mr . Qureshi further stated the budget has never been submitted the first regular monthly meeting in August . He stated the problem was information needed to prepare the budget was not available from the County , State, and other sources . Mr . Qureshi suggested changing August to September in order that the estimated budget may be more realistic and meaningful . He added the . problem would be the publication. Mr . Ash stated the Commission was concerned with main figures , not detailed information. He added this could be a major campaign issue for the November elections . The Commission changed the last sentence of the second para- graph of Section 7 . 04 , Preparation of Annual Budget , to read as follows : The estimates shall be submitted to the council at its * first regular monthly meeting in August and shall be published in summary in the official publication prior to the August meeting . 0 : CHARTER COMMISSION MEETING, APRIL 20 , 1976 PAGE 4 The Commission changed the last sentence of Section 7 .05 , Passage of the Budget , to read as follows : * The budget ordinance as adopted shall be published in the official publication. MOTION by Ole Bjerkesett , seconded by Clifford Ash to adopt the further proposed changes to the City Charter . Upon a voice vote , all voting aye , the motion carried unanimously . UNFINISHED BUSINESS : A) Mr . Ash stated it was his personal concern that the Charter Commission should be certain that the City Council operates by the Charter . He proposed a subcommittee be formed to review this , and what the . Charter Commission take the responsibility of guiding the subcommittee . The Commission agreed with this proposal . MOTION by Clifford Ash, seconded by Ole Bjerkesett , that Raymond Sheridan , Chairperson of the Charter Commission appoint such a group from within the Commission with the responsibility to report back at the first fall Charter Commission meeting in 1976 . Upon a voice vote, all voting aye , the motion carried unanimously . Mr . Sheridan will make these appointments by the May Charter Commission meeting . B) Mr . Bjerkesett stated the Commission should give some thought to a special election in the event of a vacancy on the City Council . The Commission agreed this should be dealt with as soon as possible. C) Mr . Sheridan stated possibly the Commission should have legal assistance to defend the Commission if need be . He added Mr . Herrick had done a fine job ; however , Mr . Herrick was caught in the middle of things . He added if the Commission would like , he would speak with Mr . Herrick and ask him if he would prefer the Commission select another attorney . The Commission agreed . NEXT MEETING DATE : The next meeting of the Charter Commission will be held Wednesday , May 19 ,1976 . CHARTER COMMISSION MEETING , APRIL 20 , 1976 PAGE 5 ADJOURNMENT : MOTION by Charles Langer , seconded by Ole Bjerkesett , to adjourn the meeting at 9 : 58 p .m. Upon a voice vote , all voting aye , the motion carried unanimously . Respectfully submitted , Ho ly _ nsager ( 7 Recording Secretary • •