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CHM 02/06/1979 CHARTER COMMISSION MEETING FEBRUARY 6, 1979 CALL TO ORDER Chairperson Ash called the meeting to order at 7:40 P.M. ROLL CALL MEMBERS PRESENT : Clifford Ash, Charles Langer, Peter Treuenfels, Walt Starwalt, (Jackie Johnson, 8: 00 P.M. ) , (David Berg, Jean Schell, 8: 25 P.M. ) MEMBERS ABSENT : Kenneth Brennen, John Swanson, Tim Breider, Bob Pierce, Elaine Knoff, Jerry Ratcliff OTHERS PRESENT: Connie :vlodig, Fridley D.F.L. Club Pat Gabel, Fridley D.F.L. Marvin Brunsell, City of Fridley Dave Schaaf, State Senator, Fridley Cheryl Moses, City Council ,-� Chairperson Ash, opened the meeting; and stated that at this time there was not a quorum present. Mr. Ash noted that he had a letter of resignation from Mr. Arne Takkunen. Mr. Ash stated that Mr. - Takkunen was moving out of Fridley. (See attached letter) Mr. Ash stated that he had a letter from Judge Forsberg, and that the Judge did not appoint the two names that the Comm-` ` ission had submitted to him, but that the Judge did reappoint the names of the persons who had requested reappointment. Mr. Ash further stated, that he now had three other names, and resumes for consideration for a commission seat, that will be forwarded to the Judge. (Letters and resumes forwarded to Judge) . The names of the three were: Heidi S. Licht, Irene Maertens, and Nancy Chevalier. Mr. Ash noted that he held a copy of a letter from Mr. Caureshi, stating that he also had sent names to Judge Forsberg for consideration. The names were: Senator Schaaf, Susan Nagengast, and Frank VanDan. Page 2 CHARTER COMMISSION MEETING February 6, 1979 After dicussion, the Commission decided that Chairperson Ash, would write a letter stating the Commission' s viewpoint. The members decided that all the names of prospective Comm- ission appointee' s should be coordinated thru the Commission. This would expediate matters in getting positions filled. They felt that the Commission has always sent any and all names to the Judge for his decision, and for the City Council's pleasure. Mr. Ash stated that he had a discussion with the League of Minnesota Cities. He posed to them some questions. The questions and the League's response were stated in the letter Mr. Ash received from them. (See attachment) The first question was, "could the City adopt charter provisions call- ing for automatic recall?" The answer was yes. The second question was, "for recall of Local Officers?" The answer was no, except for malfeasance or nonfeasance in office. The last question was, "could the Commission provide for advisory elections?" The answer was, "the Attorney General concluded that advisory elections are permitted provided there is explicit statutory or charter authority for such elections. " Mr. Ash stated that he had been in contact with Mr. William G. Nelson, who is a salesman with Computer Elections Systems. These being the people who sell the Votematic. Mr. Ash stated that he had a lot of material on what other states do with election systems, and recalls, etc. He stated that if anyone wanted copies of any of the materials after looking at the materials, he would make copies. Mr. Ash stated that he had letters of input from Mr. Bill Nee, and Mr. D. Schneider, on items to be discussed. (See attachment) Chairperson Ash, asked if there was any New Business? Mr. Brunsell, stated that he would like to swear in Mr. Ash, and Mr. Treuenfels, as they had been reappointed. Mr. Ash, and Mr. Treuenfels, then took their oath of office. Mr. Treuenfels, stated that he and the other Commission members, would like to thank secretary Gayle Gobera for all her services, on her departure as secretary. Pa e CHARTER CO:l,MISSION MEETING February 6, 1979 Mr. Ash wanted the members to take note, that he had received a letter from layor Nee. The .layor wanted to advise the members that a memorial plaque had been placed in the Civic Center for Mr. Ray Sheridan. (See attached letter) There was no further New Business. Mr. Ash asked if there was any Old Business? There was none. Mr. Ash stated that it was time to open discussion with 'special groups' invited to the meeting. Ms. Modig stated that she had been in contact with her D.F.L. group and had gathered the following responses to the questions posed to them. 1 . Should the Mayor and/or Administration give a State of the City message annually? Yes, Ms. Modig' s group felt it should be done. 2. After setting their salaries, should the Council members stand for re-election before receiving the increase? No, Ms. Modig stated that the group felt it was not valid. That there had not been any abuse in the past. She further stated that they felt it could be done in say six months; time. 3. Should there be a limit on expenditures for opponents to a petition? Should they also file with the City if they organize themselves? Ms. Modig, stated that the group's feelings were, that both proponents, and opponents should file, but no limits should be placed on either one. 4. Should the City Manager serve totally at the pleasure of the City Council, making the job political? Yes, Ms. Modig stated, the group felt that then the City Council had some control. 5. Ref. Section 7. 02 - Should there be a limit on the money spent in addition to the mill limitation? Something like limit dollar increases in the budget to the rate of inflation plus 1 or 2 percent? Ms. Modig stated the the group felt there were already limits set, and that any further limits were not needed. Page 4 CHARTER COMMISSION MEETING February 1979 6. Should there be a limit on the number of terms a person can serve on the City Council? M . Modig stated that the D.F. L. group felt no limit should be set, that the voters themselves could, and would, limit the terms thru the election process on whether the member had done a good job or not. 7. Should the Council increase in size now that Fridley is much larger than when the Charter was adopted? No, Ms. Modig stated, that the group felt there was no reason that an increase was necessary. 8. Should newly created Boards, Committees, etc. , have a termination date or is rejustificati.on necessary for • further existence? Ms. Modig stated her group' s feelings were, that it was not necessarry, as most are limited anyway and reviewed. Also, that most were not regulatory or paid positions. 9. Can a person hold more than one elective office? No , Ms. Modig stated that there was no need, and that they felt it may not belong in the charter. 10. Should there be a fair campaign practices section? No, Ms. Modig stated they felt it should be left to the legislature and doesn't belong in the charter. 11 . Should the Charter have something on ethics of Council members and City Administration? Ms. Modig stated that the group felt no, that there was already a city ordinance on this, and that it was best left alone, because it was more controllable the way it is. 12. Ref. Section 205 - Should there be a change on how vacancies of unexpired terms of Councilmen are filled? Ms. Modig's group felt that they could not speak on this question, because they realize the difficulties involved in the mechanics of elections. They would like to see the Commission deal with the difficulties of the mechanics first. Plus, they realize the expense of having an election. Pale' CHARTER COA4ISSION MEETING_ February 6, 1979 • Discussion took place on explaining the mechanics and the cost of having an election. • Mr. Ash, stated that at 8: 25, with Ms. Schell now present there was a quorum. 13. Should there be an automatic recount on close elections? Senator Schaaf, stated that he now has a bill on his desk dealing with the problems of close elections. He stated that he felt, in Fridley, the candidates, and the citizens, would be happy with an automatic recount. Discussion with Senator Schaaf and the committee members ensued on different ways to procede with a automatic recount. Senator Schaaf, made the comment, that he felt that state- wide legislation on the Ethics questions was better that the City setting limits. Much discussion with Senator Schaaf and the Committee members ensued, on different ways of legislating ethics, and the problems with legislating ethics. Discussion began on minority appointments to committee's. Mr. Starwalt, Mr. Langer, Mr Ash, and Senator Schaaf dis- cussed their views and ideas and experiences on minority appointments. Mr. Ash stated that he had one meeting with a small group from the Republican Party. He stated that their views ran almost exactly to what views Ms. Modig' s group had stated with the following exceptions. They had mixed feelings about the City Manager's job. He further stated that the groups feeling ran about 60 to 40 on the 'dollar limitation' , or to leave it like it is now. Also , Mr. Ash, further noted they seemed to have a mixed feeling on the 'salary increases' . Discussion ensued between Mr. Langer, Mr. Ash, and Senator Schaaf on different methods of obtaining salary increases. Mr. Ash continued that the Republican groups feeling on 'limiting terms' , was that it was up to the voters to limit the terms. There was no clear cut consensus regarding 'newly created boards ' , from the group. Parse 6 CHARTER COQMISSION MEETING February 6,L 1979 Councilperson Cheryl Moses inquired as to what the consensus was of the commission on an automatic recount in close elections? Mr. Ash stated that from the input he had received, the consensus was that yes something should be done, and that yes the Commission would be able to do something. Discussion began on the open positions on the Charter Comm- ission. Mr. Ash stated that there were five open positions. MOTION was made by Mr. Langer to submit to the Judge the five names the Commission had for consideration for a position on the Charter Commission. These names, plus the names sent to the Judge, by Mr. 61ureshi, would total eight names the Judge would then have. Motion was Seconded, by Ms. Johnson. Upon a voice vote, all voting aye, the Motion carried unanimously. Because of the conflict of meetings, for Council members, it was decided that they should be invited again to the next meeting. MOTION by Mr. Treuenfels, Seconded by Ms. Schell, to adjourn the meeting. Upon a voice vote, all voting aye, the meeting adjourned at 9:35 P.M. The next meeting will be March 6, 1979. Respectfully submitted, Elaine Reed Recording Secretary Attachments