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CHM 10/18/1977 CHARTER COMMISSION sr MEETING OCTOBER 18, 1977 MEMBERS PRESENT: Raymond Sheridan, Clifford Ash, Jackie Johnson, John Swanson Elaine Knoff, David Berg, Charles Langer, Jean Schell, Kenneth Brennan, Arne Takkunen MEMBERS ABSENT: Jerry Ratcliff, Robert O'Neill, Roy McPherson, Walt Starwalt, Tim Breider OTHERS PRESENT: None CALL TO ORDER: Chairperson Sheridan called the meeting to order at 7:30 p.m. APPROVE CHARTER COMMISSION MINUTES: (May 24 and July 26, 1977) Mr. Sheridan asked for approval of minutes of May 24 and July 26, 1977, which had been discussed at September 20 meeting. MOTION by Mr. Langer, seconded by Ms. Johnson, that minutes of May 24 and July 26 be approved. Upon a voice vote, all voting aye, motion passed unanimously. Mr. Sheridan asked that minutes of September 20, 1977 work session show the following correction: Under "New Business", page 1, line 6, last paragraph, change "they" to read "the City"; same paragraph, line 8, change "they" to "City." Y- There followed a discussion of items coming out of work session of September 20, 1977. Mr. Sheridan stated he had made comment at last meeting about possibility of changing by-laws and that it has to be done at the end of the next meeting, in November. Mr. Swanson asked if Charter Commission letter to the City dated July 27, 1977 re ethics ordinance had ever received a formal response from the City. Mr. Ash responded that there was only verbal input on question 6 of that letter and that otherwise remaining questions had not been answered. It was Mr. Swanson's feeling that since the City had sent the Commission a letter asking for comments on the Ordinance, and since the Commission had responded to that, there then should be some acknowledgement from the City on the Commission's comments. MOTION by Mr. Swanson that a letter be sent to City Manager, with copy to Council, asking for a reply to Commission letter of July 27 re ethics ordinance. Motion seconded by Mr. Langer, and upon a voice vote, all voting aye, motion passed unanimously. Mr. Sheridan indicated that apparently ethics ordinance had been hanging fire n for several years, and Council felt some final action should be taken before a number of the Council members left that governing body. He expressed opinion • • J CHARTER COMMISSION MEETING, October 18, 1977 Page 2. that point was taken by Council that Charter Commission is not a commission appointed by them and therefore would not come under this type of ordinance. 1. REPORT FROM OFFICERS • Mr. Sheridan stated that he had no report to make. He indicated that there was a note from Dorothy Evenson, secretary for agenda and special meterials, that Mr. McPherson had indicated he would not be able to attend this meeting. Mr. Sheridan asked if anyone had any corrections to the Commission member- ship address and phone list. The following corrections were indicated and will be included in an updated list to the membership (copy attached here- with) . Charles Langer business phone should be changed to: 784-2723; David Berg's business phone should be: 376-7258; Kenneth Brennen's bus- iness phone should be changed to: 574-3107; Robert O'Neill's business phone changed to 571-6000; Arne Takkunen business phone: 331-6030: Elaine Knoff business phone: Mr. Sheridan stated that Commission does not have a Secretary/Treasurer, and that it was decided to let that spot remain open until annual election November 15, 1977. Mr. Ash stated that he had no report. 2. REPORT OF NOMINATING COMMITTEE Mr. Langer announced the following slate of officers in his report from the Nominating Committee: Chairman: Ray Sheridan; Vice Chairman: Clifford Ash; Secretary-Treasurer: Elaine Knoff. Mr. Langer stated that the Nominat- ing Committee chose not to pick two names for each office. Mr. Sheridan asked recording secretary to convey to Ms. Evenson that notices of annual election must be sent out by Oct. 25 to all members in accordance with by-laws, along with meeting notice for November 15 meet- ing, and he suggested that agenda for this meeting could be mailed at a later date. 3. ORDINANCE 4661, ETHICS CODE, PASSED BY COUNCIL AUGUST 15, 1977 Mr. Sheridan asked for comments on this Ordinance. Mr. Brennan asked for clarification of "reasonable defense costs" in last sentence of Sect. 30.60. Mr. Langer stated that this was acceptable language because "reasonable" has to be interpreted in terms of what is reasonable at the time, with elements of length of trial and applicable lawyer fees at the time being variable determining factors. � 1 CHARTER COMMISSION MEETING, October 18, 1977 Page 3. 4. NEW BUSINESS Mr. Sheridan called to attention of Commission members discussion on page 3 of the Commission work session of September 20, wherein Mr. Ash posed question of Messrs. Starwalt and Breider as to whether they, as ex-Council members, felt Commission should act as a "watch- dog" of the Council. Mr. Sheridan stated he did not know if that role can or should be assumed by the Charter Commission, stating such a proposal would need some additional work by Commission members. Mr. Swanson asked if there is any formal communication procedure between Commission and Council? He indicated that he did not feel comfortable with connotation of the word "watchdog." Mr. Sheridan answered that he did not believe there is a formal com' munication process, except when, for example, Council finds there is a problem in administering provisions of Charter, and they then bring such problem to the attention of the Charter Commission. He said he did not believe there are any statutes that require the Commission to communicate with the Council, or vice versa. He stated that the Council, at one time when they had some question on technicalities, asked for Commission minutes, but he indicated to Council the minutes could not be released to them until such time as they had been approved by the following Charter Commission meeting. Mr. Ash said there had been several occasions when the Council came to Commission meetings; also several occasions when the City Administra- tion and civic groups sat in on Commission meetings when changes in the Charter were being made, the outcome being the changes in the Charter which were approved last January. Mr. Sheridan suggested it might be well if Commission periodically f�f were to review what they have accomplished and send a synopsis to the Council, and perhaps also on occasion ask them if there are any areas Council might wish Commission to look at. Mr. Ash reviewed concern Mayor Nee had related to Mr. Sheridan and him regarding cases in the past where a group of individuals had circul- ated a petition and presented it to Council and the Council did not accept or act on it -- then Mayor Nee felt that the only recourse left to the individuals petitioning was to sue. Mayor Nee had expressed opinion, Mr. Ash said, that this type of action is not fair, when it is clearly stated in the Charter that Council will either accept or reject a petition, and he had indicated he felt there should be a means for individuals to force Council to action without having to take legal steps. Mr. Ash said he and Mr. Sheridan had assured Mayor Nee that, as members of the Charter Commission, they would take a look at this, and it has subsequently been discussed at length over the past couple of years. ` 1 • CHARTER COMMISSION MEETING, October 18, page 4. Mr. Sheridan said that John Terpstra also had looked into above subject of whether Commission could intervene for petitioners in such cases, and he said as he remembered, it was Mr. Terpstra's opinion that they could not, but that perhaps, with Council approval, something could be drafted along those lines. Mr. Sheridan proposed that after election of officers at the next meeting that the presiding officer would then set some timetables for things discussed in past that should be reviewed, and then set up some committees.. He continued that he knew of nothing urgent that would need to be done by the first of the year, but there are a couple of things that he said needed correction. He cited Section 205, "Vacancies on the Council" saying there should be some clarification of that Section. Mr. Sheridan asked new members if they had received a lot of background material on the Charter Commission and they indicated they had received some. It was agreed that the following material should be provided, one copy per each new member, if they did not already have this: state statutes, by-laws and Charter. Also, Mr. Sheridan felt it would be useful for each member of the Commission to have a copy of each of the following: League of Municipalities model charter, and copies of charters of metropolitan communities that the City of Fridley has a working relationship with. Dorothy Evenson will be asked to provide the above listed materials to Commission members as outlined; (Copies attached) . ADJOURNMENT Mr. Sheridan called for adjournment at 8:36 p.m. Mr. Swanson so moved, seconded by Mr. Langer and upon a voice vote, all voting aye, meeting adjourned. Respectfully submitted, Verna Gor � Recordin �retar g Y Attachs: 1. Corrected list, Fridley Charter Commission members; 2. Model Charter, League of Municipalities; 3, Model Charter for each metro community that City of Fridley has working relationship with; 4. State statutes, Charter of City of Fridley and by-laws* for new members who have not already received them. (by-laws attached to September 20, 1977 minutes) November 1 , 1977 FRIDLEY CHARTER COMMISSION MEMBERS ■ NAME ADDRESS TELEPHONE *APPOINTED Raymond Sheridan 13101 Hillwind Road N.E. H.574-0007 May 11 , 1977 Fridley, Mn 55432 B.560-4100 Clifford Ash, 460 Rice Creek Blvd. N.E. H.574-9579 January 24, 1975 Fridley, Mn 55432 B.332-3366 Elaine Knoff 6776 7th Street N.E. H.571-1938 January 24, 1975 Fridley, Mn 55432 B.786-9111 Jerry Ratcliff 73150 Memory Lane N.E. H.786-2142 January 24, 1975 Fridley, Mn 55432 B.854-3434 Robert O'Neill 861 Rice Creek Terrace N.E.H.571-1272 January 24, 1975 Fridley, Mn 55432 B.571-6000 Jackie Johnson 1415 Trollhagen Drive N.E. H.571-0906 January 24, 1975 Fridley, Mn 55421 Ray McPherson 5808 Tennison Drive N.E. H.574-0127 January 24, 1975 Fridley, Mn 55432 B.542-5539 Kenneth Brennen v 6716 7th Street N.E. H.571-8035 May 11 , 1977 Fridley, Mn 55432 B.574-3107 ^ 1 John Swanson 5835 Central Avenue N.E. H.571-7638 May 11 , 1977 Fridley, Mn 55432 B.560-4100 Charles Langer , 6530 Hickory Drive N.E. H.560-1388 May 11 , 1977 Fridley, Mn 55432 B.784-2723 David Berg 7680 East River Road N.E. H.571-4282 May 11 , 1977 Fridley, Mn 55432 B.376-7528 Tim F. Breider 7550 Tempo Terrace N.E. H.786-5341 May 11 , 1977 Fridley, Mn 55432 Jean Schell 5198 St. Moritz Drive N.E. H.571-3283 May 11 , 1977 Fridley, Mn 55421 B. Walt Starwalt r 1020 Hackmann Circle N.E. H.571-6228 May 11 , 1977 Fridley, Mn 55432 Arne Takkunen 6420 Baker Avenue N.E. H.571-5749 May 11 , 1977 Fridley, Mn 55432 B.331-6030 *All FOUR Year Terms Secretary: Verna Gore H.474-7147 B.296-3665 (Meeting and minutes) Secretary - Planning Dept. Dorothy Evenson - Agenda and special materials 571-3450, Ext. 169 Attorney-John P. Terpstra-3700 Central Avenue N.E. Minneapolis, Mn 55421