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12-13-1990 SpecialCITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING December 13, 1990 MEMBERS PRESENT: Steven Quam, Mayor; Ivan Ludeman; Michael Sandahl; and Martin Kirsch. STAFF PRESENT: James Prosser, City Manager; Steven Devich, Acting City Clerk; and John Dean, City Attorney. The meeting was called to order by Mayor Quam at 6:00 p.m. Mayor Quam asked the City Attorney to speak to the issue of precisely what term of office was applicable to the appointment under consideration. City Attorney Dean responded that while the terms of elected Council Members have increased to four years, not all applicable Charter provisions agree as to the term of office in a situation such as this. Since the Charter is ambiguous, Mr. Dean suggested that the City Council may wish to seek an Attorney General's opinion concerning the length of the appointed term. He also stated that the City Council may also wish to seek an Attorney General's opinion to clarify if the term expires in November on the day after election or on January 1 after the next general election. Council Member Sandahl stated that he felt the Charter did not intend the appointment to last two years. He felt the Charter intended an appointment of one year at most. City Attorney Dean stated that the Charter Commission was now looking at that issue. Mayor Quam asked if the appointment should be made subject to the Attorney General's opinion. City Attorney Dean stated that the Attorney General's opinion is not binding on the City. However, unless there is another opinion to the contrary, an Attorney General's opinion is typically followed. Mr. Dean stated that he would prepare a request for the Attorney General's opinion which contained the historical background of the Charter changes and ask the Attorney General to construe the existing Charter. He stated that the City Council would be given a copy of the request prior to its submission to the Attorney General. Mr. Dean also said that the Attorney General's opinion would impact upon any appointment being made this evening. There was general discussion concerning the historical perspective of the Charter changes and terms of office for Council Members. Council Meeting Minutes (2) December 13, 1990 Council Member Ludeman asked if under the new state law, may municipal elections be held only in even numbered years. Attorney Dean responded that the law does state so. Mr. Dean also stated that current City Charter provisions do not seem to currently provide for a special election to fill a vacancy. Larry Wozniczka, 6744 Wentworth, stated that he felt that 3n the City Charter under Section 5, Recall, there is a provision far special elections. Attorney Dean responded that the special provision in Section 5 does provide for a special election.. However, recent case law in the state has precluded cities from recall elections under most circumstances. Mayor Quam introduced the appointment process and asked for Council discussion. He then distributed a proposed resolution (City Clerk's File No. 318) regarding appointment of a Council - Member to Ward 3 and a statement of intention to make a specific appointment to Ward 1 once the vacancy has been declared. He stated the proposal was on a non-partisan basis, and spoke to the qualifications of Robert Doebler as the proposed appointee for Ward 3 and Guy Farrington as the future appointee to Ward 1. Mayor Quam said that he was trying to put together a non-partisan solution to the appointment process, but added that if that does not work and he is left with the responsibility of making the appointment, he would go with Don Priebe for Ward 3. Mayor Quam added that the most legitimate claim to the Ward appointments based upon voter preference and a familiarity with the issues would be Don Priebe to Ward 3 and Jean Fox to Ward 1. M/Quam moved the proposed resolution appointing Robert Doebler to Ward 3 and declaring a public intention to appoint Guy Farrington to Ward 1 once the vacancy is declared. Council Member Ludeman stated that Mayor Quam is to be commended for looking at the matter so fair and squarely. All candidates in the process had very good credentials. He spoke to the fine qualifications of Mr. Doebler and Mr. Farrington. Council Member Ludeman also expressed a desire to follow with a woman on the Council. Mayor Quam stated that he also thought of that as well as someone younger and that he has struggled hard with this. Mayor Quam's motion failed for lack of a second. Council Member Ludeman said he considered the credentials of the candidates and the desire for a woman on the City Council in addition to someone who is an independent. Council Meeting Minutes M/Ludeman, S/Kirsch o a Council Member Kirsch sai~ heard a lot about looking at a Council and that it is good to (3) aoint Kristal 3 that while young person have a woman December 13, 1990 Stokes to Ward 3. gut block walking he with a family for the on the Council. Council Member Sandahl said that he has never found a tougher task than this appointment process. After carefully reviewing the credentials of the candidates, Mr. Sandahl said he supports Stephanie Muenzhuber for the appointment. Mayor Quam stated that he knows Stephanie Muenzhuber and gave her serious consideration. He is also impressed with Kristal Stokes. Hut, both are affiliated with a political party and he didn't want to proceed with the appointment on that basis. Motion failed 2-2. (Quam and Sandahl opposed.) M/Quam, S/Ludeman moved the proposed resolution apAOintinq Robert Doebler to Ward 3 and declaring a public intention to appoint Guy Farrington to Ward 1 once the vacancy is declared. Mayor Quam read the resolution and stated that an important part of the resolution is the intent on the Ward 1 appointment. Council Member Kirsch asked if the notice posted for tonight gave notice of taking action on a Ward 1 appointment. City Attorney Dean said the City Council cannot officially make a Ward 1 appointment but the resolution only describes intent to do so. He added that perhaps the wording "present intention" could be inserted into the resolution in the sixth WHEREAS paragraph. Council Member Kirsch said he still could not support the resolution because there is no woman on the Council. Council Member Sandahl stated that while well qualified, Mr. Doebler was not his first choice. He felt that while Mr. Farrington was exceedingly qualified for Ward 1, he assumed that his (Council Member Sandahl's) impact on Ward 1 would be zero. Thus, he will support the resolution. Council Member Kirsch said that the City Council would be excluding a woman and a younger person on the Council with this resolution and he cannot support it. Mayor Quam stated that the only way for his resolution to be effective would be if Mayor-elect Kirsch would support it. If Mr. Kirsch is not agreeable, Mayor Quam said he won't support his own resolution. Mayor Quam said he still felt Mr. Priebe is the most qualified if a non-partisan solution cannot be made. Council Meeting Minutes (4) December 13, 1990 Motion failed 2-2. (Quam and Kirsch opposed.) Council Member Sandahl spoke on the appointment of Stephanie Muenzhuber. M/Sandahl, S/Quam to appoint Stephanie Muenzhuber to Ward 3. Motion failed 2-2. (Ludeman and Kirsch opposed.) M/Ludeman, S/Sandahl moved the proposed resolution appointing Robert Doebler to Ward 3 and declaring a public intention to aDnoint Guv Farrington to Ward 1 once the vacancy is declared amended to insert the word "present" before the word "intention" in paragraph 6. Council Member Sandahl spoke in support of the resolution as a non-partisan selection. Council Member Kirsch stated that he declines to support this version of the resolution also for the same reasons. Motion failed 2-2. (Quam and Kirsch opposed.) M/Kirsch, S/Ludeman ~o appoint Kristal Stokes to Ward 3. Motion passed 3-1. (Quam opposed). ADJOURNMENT M/Kirsch, S/Ludeman to adjourn the Special Council Meeting. The meeting was adjourned by unanimous consent at 7:07 p.m. Date Approved: 1/14/91 SteWen J. Qu~ii !/ Mayor . ~~ Iru ~/ J me D. Prosser C t Manager i