Agenda - Council - 02/13/1996 - Laserfiche WebLink

Home

CASE //8: RECOMMENDATION FOR APPOINTMENTS TO PLANNING COMMISSION Motion by Commissioner LaDue and seconded by Commissioner Deemer to recommend that the City Council appoint Paul Holland to the Planning Commission for a term to expire on December 31, 1997. Motion carried. Voting Yes: Chairperson Bawden, Commissioners LaDue, Deemer, Terry, and Thorud. Voting No: None. Abstain: Commissioner Holland. Commissioner Holland noted that all the applicants were excellent, and he stated it will be a difficult decision because all of them bring different qualities that will be helpful on the Board. Chairperson Bawden suggested that each Commissioner rank the candidates in order to determine a recommendation. Commissioner LaDue stated the Planning Commission "can't ignore the obvious that this thing is pending in court. Would it make sense to table a recommendation until that takes its course?" Commissioner Holland stated he was unaware of any pending legal action and inquired as to the background of such. Zoning Administrator Frolik advised that Terry Hendriksen has filed court action to have the seat on the Planning Commission restored to him. Commissioner LaDue inquired whether City Council can act on this without a recommendation from the Planning Commission, and Ms. Frolik stated she believed they could. Commissioner Holland stated it might be wise to forward these applicants on to the Council for interviews. He felt Commissioner LaDue's points are valid and direction is needed from the City Attorney. He also felt "it might be appropriate for City Council to play a role in the interview process since they did not take our original recommendation." Ms. Frolik stated that City Code does not require the Planning Commission to do the interviews, but that is how it's been done in the past. City Code only requires that City Council make the appointments. Chairperson Bawden felt the Planning Commission would be performing a disservice if they were to recommend the appointment of someone that will only serve for a short period of time if Mr. Hendriksen were to win his lawsuit; and he didn't think the City Council would accept a recommendation of Terry Hendriksen. Commissioner Deemer wondered if it were a conflict in thought that Terry Hendriksen is applying for a vacant seat when Mr. Hendriksen feels that seat legally should not be vacant. Terry Hendriksen, 15631 Ramsey Boulevard N.W; - advised that he has filed legal action against the City under the Whistle Blower's Statute. He explained his position that since he receives a W- 2 and since there is withholding, he feels there is enough proof that he is an employee of the City, and under said statute, the City cannot retaliate against an employee for what he believes to be violations of the law. Mr. Hendriksen stated he hoped the Planning Commission will reaffima their previous action. He did not see his applying for the seat being in conflict with his position. Mr. Hendriksen referred to similar circumstances occurring to Commissioner Deemer in the past, stating that he supported Commissioner Deemer's reappointment. Mr. Hendriksen stated that if the Planning Commission/February 6, 1996 I I I I I I I I I I I I i I I I ! I I