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CHM 10/21/1982 1 '_N CITY OF FRIDLEY CHARTER COMMISSION MEETING - THURSDAY, OCTOBER 21 , 1982 PAGE 1 CALL TO ORDER: Chairman Ash called the Charter Commission meeting of October 21 , 1982, to order at 7:30 p.m. . ROLL CALL: Members Present: Clifford Ash, Ralph Stouffer, Robert Peterson, Peter Treuenfels, Irene Maertens, Sue Jackson, Robert Schmidt, David Pinks, Pat Kindom, Bruce Nelson and Frank van Dan. Members Absent: Jean Schell , Walt Starwalt, Larry Commers, Bob Pierce. APPROVAL OF MINUTES OF MAY 20, 1982: MOTION by Mr. Treuenfels, seconded by Mr. Stouffer, to approve the Charter Commi- ssion minutes of May 20, 1982, as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PREAMBLE TO THE CITY CHARTER: Chairman Ash asked for discussion on this matter. Mr. van Dan had not arrived at the meeting yet but Ms. Jackson relayed his views stating that he did not concur with Mr. Terpstra's letter of September 2, 1982 and was hoping to have a vote on this issue. Mr. Treuenfels said he would like to adopt one of the versions of the preamble. Chairman Ash read Version #1 and Version#2 from the April 15, 1982, Charter Commission meeting. MOTION by Mr. Treuenfels, seconded by Ms . Jackson, to approve Version #2 from the April 15, 1982, Charter Commission meeting which would be the Preamble to the City Charter and read as follows: "We, the people of the City of Fridley, do hereby de- clare our willingness to promote an interdependent community without discrimination as to race, color, creed, age, physical or mental impairment, national origin or any other factor which may have been an impediment to the enjoyment of the fullness of citizenship." Discussion: Mr. Peterson stated he has been opposed to this preamble all the way and pointed out that State and Federal laws govern this, that the attorney states this in his letter and he further felt this was redundant. Mr. Pinks con- curred with this. Chairman Ash pointed out that Mr. Terpstra is the attorney for the Charter Commission and that the City Council has a City Attorney who advises them. Ms. Jackson said she felt they should set their beliefs in those laws because they believe that it is the way it should be. Mr. van Dan said he did not agree with Mr. Terpstra's opinion and felt that the municipal charter would not be jeopardized. Chairman Ash stated they can have a preamble but Mr. Terpstra wanted them to beware that it becomes binding on everything in the City Charter. n He said that he checked with the League of Municipalities and found out that in Minnesota there is only city that has a preamble (Northfield) and that it has been avoided because of possible legal remifications. He said Northfield's pre- amble was part of their charter when it was initiated and is built in as a whole chapter. He further stated that this has taken a long course in the Commission since 1979. l Charter Commission Meeting - October 21 , 1982 Page 2 Ms. Maertens asked if they received any indications from the City Council and Chairman Ash stated they were never asked. Mr. -Nelson said he didn't mind sticking their necks out but would rather do it in a conservative manner; he would like to take out the word "interdependent" and the words "any other Arbere' d that""actor' he did not like the words "which may have been an impediment" and that he was not sure what "fullness of citizenship" meant. Mr. van Dan thought the terminology was self-explanatory. Chairman Ash asked if this became part of the charter, what . would it add to the charter. Mr. van Dan felt it would add direction and would be a philosophical declaration. Mr. Treuenfels said he was not sure about what kind of suits could be brought because of a city declaring their willingness. Call for Question: UPON A VOICE AND HANDS VOTE, 4 VOTING YES AND 5 VOTING NAY, CHAIRMAN ASH DECLARED THE MOTION FAILED. 2. DISCUSSION OF SECTION 6.01 AND 6.02: Chairman Ash reported that the subcommittee was unable to meet on this matter. Mr. Peterson reported that the 6.01 change had already been adopted. Chairman Ash found his minutes and said the 6.01 change was adopted in February, 1982. Mr. Stouffer had some questions and Chairman Ash explained that when city managers are hired they usually negotiate contracts with cities and Mr. Quershi was hired for an indefinite period as City Manager and asked them to consider looking at the powers in 6.02. Mr. Stouffer said he understood the new addition to mean that the city manager would only be removed, not suspended - either in or out. Chairman Ash said that is correct and the idea is that the city manager's position is equivalent to that of a president of a corporation. Mr. Peterson felt Mr. Quershi 's request regarding 6.02 was very reasonable and asked Mr. Hunt would mail to him a copy of the Civil Service guidelines while working on 6.02. Mr. Hunt said the only Civil Service personnel they have are police officers and Chapter 3 of the City Code is the personnel ordinance. Chairman Ash requested Mr. Hunt to mail a copy of the guidelines to Mr. Peterson and that a copy be sent to the other commi- ssion members with the minutes. Chairman Ash stated he had gone through the City Charter and the Commission minutes and he would like to draft a letter to the City Council regarding the changes in Sections 2.03, 6.01 , 8104 and 8.05. Ms. Jackson stated that Section 2.05 was also changed. Mr. Hunt said that was changed at the Commission meeting of October 6, 1981 when Chairman Ash was absent and Ms. Jackson chaired the meeting. Chairman Ash said he did not have those minutes and consequently that change was not sent to their attorney for his opinion and asked if they wanted to send them all to the Council . Mr. Peterson was hesitant because they did not get a legal opinion on 2.05. Chairman Ash said he will get to the attorney and get an opinion for the next meeting. He said they have all the issues to present to the Council ex- cept 6.02 and asked if they wanted to hold off and submit the whole package. He said the agenda for next month will be 6.02. Ms . Jackson felt they should make a commitment to get it to the Council as they are going to have some changes in January and it would be a good idea to get this done. Mr. Peterson concurred with that. Chairman Ash asked the Commission member to check their minutes to see if there is anything else. • Charter Commission Meeting - October 21 , 1982 Page 3 3. RECEIVE TWO RESUMES FROM PEOPLE INTERESTED IN BEING A MEMBER OF CHARTER COMMISSION: Chairman Ash went down the list of Commission members and stated who is eligible and not eligible for another term: Chairman Ash is not eligible, Mr. Treuenfels is eligible, Ms. Maertens is eligible, Mr. van Dan is eligible and Ms. Jackson is eligible. There will be one opening with Chairman Ash going off the Commission. . They have received resumes from Donald Betzold and Margaret Hendley,and Gary WEstlund's resume is on file. Mr. Stouffer had a question on how the vacancies are filled and Chairman Ash explained they are filled by soliciting people who have an interest and their resumes are submitted to the Chief Judge of Anoka - County who can choose from those people or anyone else. Chairman Ash said traditionally the Judge chooses from the resumes the Commission has sent. 4. MEETING DATES: Chairman Ash set the next meeting date for November 18, 1982 and said they may need the December 16, 1982 meeting date. Chairman Ash said he will appoint a Nominating Committee for officers at the next meeting; that the annual meeting is to be held in March, 1983. ADJOURNMENT: MOTION by Mr. Stouffer, seconded by Mr. Treuenfels, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE CHARTER COMMISSION MEETING OF OCTOBER 21 , 1982, ADJOURNED AT 8:55 P.M. Respectfully submitted, Deb Niznik, Recording Secretary