CHM 07/08/1974 /—N
CHARTER COMMISSION
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July 8, 1974
MEMBERS PRESENT: Ole Bjerkesett, Jack Kirkham, Clifford. Ash, Bob O'Neill,
Jackie Johnson, Jerry Ratcliffe, and Herbert Bacon
MEMBERS ABSENT: Ray Sheridan, Edythe Collins, Elaine Knoff, Roy McPherson,
Peg McChesney, Francis Casey, Harry Crowder, and Donald
Wegler •
Continuation of amending the City Charter was begun by Vice-Chairman, Ole
Bjerkesett.
Chapter 5, Section 5.01, Powers Reserved by the People
Leave section as presently written.
Section 5.02, Expenditures by Petitioners
MOTION by Cliff Ash to add to this section, "Any violation of the provisions
of this section is a misdemeanor, subject to a fine not less than $50, not
to exceed $200, Seconded by Jackie Johnson. Upon a voice vote, the motion
carried unanimously.
The following sections are to be left as iresently written:
Section 5.03, Further. Regulations
Section 5.04, Initiation of Measures
Section 5.05, Form of Petition and of Signature Papers
Section 5.06, Filing of Petitions and Action Thereon
Section 5.07, Action of Council on Petition
Section 5.08, Initiative Ballots
The Commission decided to refer the last sentence in t'ais section to the
City Attorney for clarification, including Jack Kirkham's MOTION to change it
as, "In case of inconsistency between two initiated ordinances approved at one
election, the one approved by the higher percentage of electors and have at
least 55% of the votes cast on the question shall prevail to the extent of
the inconsistency." Seconded by Cliff Ash. Motion carried.
The following sections are to be left as presently written:
Section 5.09, Initiation of Charter t mendments
Section 5.10, The Referendum
Section 5.11, Referendum Petitions
Section 5.12, Referendum Ballots
Section 5.13, The Recall
Section 5.14, Recall Petitions
Section 5.15, Filing of Petition
Section 5.16, Recall Election
Section 5.17, Procedure at Recall Election
Section 5.18, Form of Recall Ballot
MOTION by Cliff Ash to add a new section, Section 5.19, as "Any person circulating
a petition for the initiation of an ordinance, .the initiation of charter amendments,
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for a referendum or the recall of an elected official, shall be guilty of a
misdemeanor and fined not less than $50 for falsely attesting to any signature
on the petition.
Electors forming themsleves into a committee for the purpose of circulating
a petition shall provide each circulator of such petition with a copy of
this section of the Charter." Seconded by Ole Bjerkesett. Upon a voice vote,
the motion carried.
The following sections are to be left as presently written:
Section 6.01, The City Manager
Section 6.02, Powers and Duties of the City Manager
Section 6.03, Departments of Administration
Section 6.04, Subordinate Officers
MOTION had been previously made in the May 21 minutes from Jackie Johnson to
change this section to read, "The City Attorney shall be appointed by the
City Manager with the approval of the Council." Jackie Johnson said since
then, they have received the letter from the current City Manager.
MOTION by Jackie Johnson to change that motion to, "The City Attorney and/or
the legal officer(s) shall be appointed by the City Manager with the approval
of the Council." Seconded by Herb Bacon. Motion carried.
Section 6.05, Purchases and Contracts
Section 6.06, Contracts, How Let
MOTION by Herb Bacon to change the amount of $1000 to $5000 and 15 days to
10 days. Seconded by Jack Kirkham. Upon a voice vote, the motion carried.
n The following sections are to be left as presently written:
Section 6.07, Further Purchase Regulations ,
Section 7.01, Council to Control Finances
Section 7.02, Power of Taxation
MOTION by Cliff Ash to change the present 30 mills to 16 mills. Seconded by
Jackie Johnson. Motion carried. MOTION by Jack Kirkham to delete, "and personal
property." Seconded by Jerry Ratcliffe. Upon a voice vote, the motion carried
unanimously.
Section 7 .03, Board of Equalization
MOTION by Herb Bacon to change 15 days to 10 days and for this section to be
titled, Board of Review. Seconded by Cliff Ash. Upon a voice vote, the motion
carried unanimously.
Section 7.04, Preparation of Annual Budget
MOTION by Jack Kirkham that the sentence read, "The estimates shall be submitted
to the council at its first regular monthly meeting in September." Seconded by
Herb Bacon. Upon a voice vote, the motion carried unanimously.
Section 7.05, Passage of the Budget
MOTION by Cliff Ash to add, "The Council shall adopt the budget not later than
the last Council meeting in October, by ordinance which shall set forth the
total of the budget and the totals of the major divisions of the budget,
according to the plan indicated in Section 7.04. Seconded by Herb Bacon.
n Upon a voice vote, the motion carried unanimously.
The following sections are to be left as written:
Section 7.06, Enforcement of the Budget
Section 7.07, Alterations in the Budget
Section 7.08, Emergency Appropriation in Budget
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Section 7.09, Levy and Collection of Taxes.
NOTION by Herb Bacon to change, On or before the first council meeting in
November each year the Council shall levy by resolution the taxes necessary
to meet the requirements of the budget for the ensuing fiscal year. The
city clerk shall transmit to the county auditor annually,' not later than
the 10th of November, a statement of all the taxes levied, and such taxes
shall be collected and the payment thereof be enforced with and in like
manner as state and county taxes." Seconded by Jerry Ratcliffe. Upon a
voice vote, the motion carried unanimously.
The following sections are to be left as presently written:
Section 7.10, Tax Settlement with County
Section 7,11, Disbursements. How Made.
Section 7.12, Funds to Be Kept
Section 7.13, Receipts to Go to City Treasurer
Section 7. 14, Accounts and Reports
MOTION by Herb Bacon to change the month of April to June and the date of
April 10 to June 10. Seconded by Jackie Johnson. Upon a voice vote, the motion
carried unanimously.
The following sections are to be left as presently written:
Section 7 .15, Bonded Debt and Debt Limit
Section 7.16, Form and Repayment of Bonds
Section 7.17, Debt and Tax Anticipation Certificates
MOTION by Cliff Ash to change, "Then the Council may authorize the sale by
the city treasurer of emergency debt certificates to run not to exceed eighteen
months and to bear interest not more than allowable by State statutes."
Seconded by Jackie Johnson. Upon a voice vote., the motion carried unanimously.
The following sections are to be left as presently written:
Section 7.18, Bonds Outside the Debt Limit
Section 8.01, The City Plan
Section 8.02, Enforcement of City Plan
Section 8.03, Public Improvements and Special Assessments
Section 8.04, Local Improvement Regulations •
Section 8.05, Public Works : How Performed
MOTION by Cliff Ash to change the amount of $1000 to $5000. Seconded by Jackie
Johnson. Upon a voice vote, the motion carried unanimously.
Chapter 9, leave as is.
The following sections can be left as presently written:
Section 10.01, Definition of Franchises
Section 10.02, Franchise Ordinances
Section 10.03, Cost of Publication of Franchise ,
Section 10.04, Power of Regulation Reserved.
n NOTION by Clifford Ash to change the words, Village of Fridley, to City of
Fridley. Seconded by Herb Bacon. Upon a voice vote, the ::otion carried
unanimously.
Page 4
Section 10.05, Rates and Charges
Leave as presently written.
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Section 10.06, Provisions of Franchises
MOTION by Cliff Ash that throughout Chapter 10, wherever public utility is
referred to, be replaced by the word, franchisee. Also, in Section 10.06b
change the word may to shall. Upon a voice vote, the motion carried.
The following sections can be left as presently written:
Section 10.07, Further Provisions of Franchises
Section 10.08, Renewals or Extension of Franchises
Section 10.09, Public Hearings
Section 11.01, Construction, Acquisition and Operation of Utilties
Section 11.02, Rates and Finances
Section 11.03, Purchase in Bulk
Section 11.04, City to Pay for Services
Section 11.05, Lease of Plant
Section 11.06, Public Utility. How Sold.
Section 11.07, Municipal Utility Organizations.
Section 12.01, Official Publications
Section 12.02, Publicity of Records
Section 12.03, Oath of Office
Section 12.04, City Officers not to Accept Favors or Contracts
Section 12.05, Official Bonds
Section 12.06, Sales of Real Property
Section 12.07, Vacation of Streets
MOTION by Jackie Johnson to change that section to read, "The council shall
have the exclusive power, by ordinance passed by a vote of at least four
members of the council, to vacate or discontinue highways, streets, easements,
and alleys within the City." Seconded by Jack Kirkham. Upon a voice vote,
the motion carried unanimously.
The following sections can be left as presently written:
Section 12.08, Damage Suits
Section 12.09, Recovery of Judgement for Damages
Section 12.10, City to Succeed to Rights and Obligations of Former Municipality
Section 12.11, Tenure, Powers and Duties of Present Officers
MOTION by Herb Bacon to delete Section 12.11. Seconded by Jerry Ratcliffe.
Upon a voice vote, the motion carried unanimously. The following sections
would continue in numerical order.
Clifford Ash made an amendment to his previous motion under Section 10.06,
that throughout Chapter 10, wherever public utility is referred to be replaced
by the word, franchisee, except in Section 10.02, towards the middle of the
section. That should remain "public utility."
ADJOURNMENT
Cliff Ash made a MOTION to adjourn the meeting. Seconded by Herb Bacon.
Upon a voice vote, the motion carried unanimously and the meeting adjourned
at 10:15 p.m.
Respectfully submitted,
, ,Y /
Shelley Morrison