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CHM 05/01/1979 • CHARTER COMMISSION MEETING 11121...1)_- 1222 CALL TO ORDER Chairperson Ash called the meeting to order at 7:40 P.M . ROLL CALL MEMBERS PRESENT: Clifford Ash., Peter Treuenfels, David Berg, Charles Langer, Bob Pierce, Irene Maertens, Sue Nagengast, Jean Schell, David Schaaf, Francis Adam van Dan MEMBERS ABSENT: Walt Starwalt, Tim Breider, Larry Commers, Kenneth Brennen APPROVE CHARTER COMMISSION MINUTES: - MOTION was made by Ms. Nagengast to approve the March 6, 1979 minutes. Mr. Berg seconded the Motion. Upon a voice vote, all voting aye, the Motion passed unanimously. MOTION was made by Mr. Langer to approve the April 3, 1979 minutes. Mr. Treuenfels seconded the Motion. Upon a voice vote all voting aye, the Motion carried unanimously. 1 . REPORT FRO;L OFFICERS: Chairperson Ash stated that he wanted to state that the Commission now has two new members in the person of Mr. David Schaaf, and Mr. Larry Comers. 2 . NEW BUSINESS: There was no new business to report. 3. OLD BUSINESS: A. Discussion on Public Hearing meeting and possible changes to the City Charter. Mr. Ash stated that from the last meeting, it was decided that the Commission should take the fifteen various sections of possible changes to the Charter and split them. up into three subcommittees, who could then bring back an in-depth report. Page 2 Charter Commission Meeting May 1 , 1979 Mr. Ash stated that he and Mr. Langer had divided the issues into these three subcommittees: Mr. Pierce: item #10 "Should there be a fair campaign practices section?" item #12 "Ref. Section 205 - Should there be a change on how vacancies of unexpired terms of Councilmen are filled?" item #13 "Should there be an automatic recount on close elections?" Mr. Starwalt; item #1 "Should the Mayor and/or Administration give a State of the City Message annually?" item #2 "Ref. Section 2. 07 - After setting their ::salaries, should the Council members stand for re-election before receiving the increase?" item #3 "Should there be a limit on expenditures for opponents to a petition?" item #7 "Should the Council increase in size now that Fridley is much larger than when the Charter was adopted?" item #8 "Should newly created Boards, Committees, etc. , have a termination date, or is rejustication necessary for further existence?" item #11 "Should the Charter have something on ethics of Council members and City .Administration?" item #15 Should the Council or the Charter Commission have the power to have advisory elections? Mr. Brennan: item #4 "Should the City Manager serve totally at the pleasure of the City Council, malting the job political?' item ##14 "Should each Council member and Mayor appoint one member to each Board or Commission subject to the Willigrs approval?" "Should the Mayor also appoint members to. Civil Service subject to the approval of the City Council?" • P age_3 Charter Commission Meeting_ May 1 , 1979 B. Report from Subcommittees �-. Mr. Pierce stated that he did not expect that they would be having a lot of meetings, so that if anyone was interested in the subcommittee he would send them a notice of the meetings. Mr. Pierce stated that they had managed to have a brief meeting this evening, and that they hoped to have another meeting at the end of this month, or early next month. Mr. Pierce further stated that as a subcommittee, they would either arrive at the decision to offer a recommendation to the Commission for a change, and their rationale, or come with a recommendation for no change to the Charter. MOTION was made by Mr. Berg to table item #6 which reads, "Should there be a limit on the number of terms a person can serve on the City Council?" . Motion was seconded by.Mr. Langer. Upon a voice vote all voting aye, item #6 was tabled unanimously. MOTION was made by Mr. Berg to table item #5 which reads, "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?" Motion was seconded by Ms. Nagengast. Upon a • voice vote, all voting aye, item #5 was tabled unanimously. MOTION was made by Mr. Schaaf to table item #9 which reads, "Can a person hold more than one elective office?" Motion was seconded by Mr. Francis Adam van Dan. Upon a voice vote, all voting aye, the Motion to table item #9 passed unanimously. Discussion ensued on the topic of either the City Council or the Charter Commission having the power to have an advisory election. Ms. Nagengast questioned the Commission on Charter Section ##2. 05 Vacancies in the Council. Discussion ensued. MOTION was made by Mr. Treuenfels for the Commission to seek a legal opinion and on precedent if any, on the Charter Section #2. 05 VACANCIES IN THE COUNCIL wording of 'good cause' , found in the sentence "or by reason of the failure of any councilman without good cause. . " With the idea of someone with good cause such as an accident may not be able to be removed. Motion was seconded by Ms. Nagengast. Upon a voice vote all voting aye, the Motion passed unanimously. • Page 4 Charter Commission .Meeting May 1 , 1979 Regarding the topic of the City Council vacancies, Mr. Berg stated that he felt there was apt to be less trouble, by leaving the vacancy unfilled than to have the Council fill it. He further stated that there still was representation in the Mayor and the Councilperson at Large. Also that if the Council were politically polarized in their attitude, they wouldn't be able to agree on a Council replacement anyway. Mr. Pierce stated that he agreed with Mr. Berg in that view- point. Also he pointed out that things that had to be done would be done such as budget etc. , and things that weren't of necessity would not be harmed by waiting. Mr. Schaaf stated that he felt because of the cost and the low voter turnout in a special election he wondered what would be accomplished. Mr. Francis Adam van Dan stated that he felt it should be searched out on what to do if there were multiple vacancies on the Council in which event there may not be a quorum to declare a vacancy. Mr. Ash stated that this topic on Council vacancy had been assigned to Mr. Pierce's subcommittee for them to bring back their proposals and suggestions. Mr. Ash further stated that in the past, they had given their proposals to the Council as a package, instead of one proposal at a time. Mr. Pierce stated that he also would like to deal with all the topics as a package, unless something developed that would need to be singled out for quick attention. MOTION by Mr. Pierce to adjourn for the months of June, July, and August, was seconded by Mr. Langer. Upon a voice vote, all voting aye, the Motion passed unanimously. 4. OTHER BUSINESS: A. Updated list of Charter Commission members. (See attachment) Page 5 Charter Commission Meeting May 1, 1979 Mr. Schaaf wanted to state that there is a Bill now for automatic recount for all Minnesota municipal elections that looks like there is no doubt will pass . Because the Bill provided for certain percentages , and different numbers when a recount would be called for. Mr. Schaaf stated that he would get the particular percentages, and numbers to the Commission. MOTION by Ms . Maertens to adjourn. Seconded by dlr. Treuenfels. Upon a voice vote, all voting aye, the meeting adjourned at 9:25 P.M . The next meeting will be September 4, 1979 Respectfully submitted, r-7 fic Elaine Reed Recording Secretary Attachment • •