CHM 08/29/1974 CHARTER COMMISSION
August 29, 1974
MEMBERS PRESENT: Ray Sheridan, Roy McPherson, Jackie Johnson, Herb Bacon,
Edythe Collins, Ole Bjerkesett, Harry Crowder, and
Jerry Ratcliffe
MEMBERS ABSENT: Elaine Knoff, Peg McChesney, Robert O'Neill, Donald
Wegler, Francis Casey, Jack Kirkham, and Clifford Ash
Chairman Sheridan opene d the meeting at 7:55 p.m. Mr. Sheridan explained
that a special meeting has been called so that the Commission could ratify
the proposed changes after the City Council and City Attorney had looked
at them.
MOTION BY OLE BJERKESETT TO AMEND THE MINUTES OF JULY 8, 1974 UPON JACKIE
JOHNSON'S REQUEST. The change of wordage in Section 5.02, Expenditures
by Petitioners, shall read, "BUT THIS SHALL NOT PREVENT THE COMMITTEE
FROM PAYING FOR LEGAL ADVICE AND FROM INCURRING AN EXPENSE NOT TO EXCEED
$200 FOR STATIONERY, COPYING, PRINTING, AND NOTARIES' FEES. ANY VIOLATION
OF THE PROVISIONS OF THIS SECTION IS AN OFFENSE." One minor correction
on Section 12.07, Vacation of Streets. Motion was not made by Jackie
Johnson, it was made by Jack Kirkham. Seconded by Roy McPherson.
Upon a voice vote, the motion carried, with one abstention. Mr. Sheridan
requested that this change in Section 5.02, be changed in the publication
on September 4, 1974 and the public hearing on September 9.
MOTION BY OLE BJERKESETT THAT THE COMMISSION ACCEPT THE MINUTES OF THE
JULY 8 MEETING AS A CONTINUATION OF THE JUNE 25, 1974 MINUTES AND RATIFY
ALL ACTIONS TAKEN AT THAT MEETING AND SUBSEQUENTLY CORRECTED AT THIS
MEETING. Seconded by Herb Bacon. Upon a voice vote, the motion carried
unanimously.
REVIEW OF PROPOSED ORDINANCE
Mr. Sheridan asked all members to refer to the Ordinance which had been
published in the official newspaper on August 28. The only portions being
published were the changes added to the Charter. The Commission went
through the Ordinance section by section to discuss whatever possible
changes might be necessary.
The following sections concurred with the Charter Commission's recommendations:
Section 2.03, Elective Officers
Section 2.05, Vacancies in the Council
Section 2.06 & 2.06A - (repealed)
Section 2.09, Investigation of City Affairs
Section 4.03, Primary Elections
Section 4.05, Judges and Clerks of Election
Section 4.08, Canvass of Elections and Taking of Office
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Section 5.02, Expenditures by Petitioners - Mr. Sheridan stated that this
section would be corrected to read $200 instead of $50 for stationery,
copying, printing, and notaries' fees. Mr. Herrick had explained in his
memo that a violation of this section could not be termed a misdemeanor
since it is not a crime. Therefore, the Charter Commission agreed upon
Mr. Herrick's research to change that last sentence to read, "Any violation
of the provisions of this section is an offense."
Section 5.08, Initiative Ballots - Mr. Sheridan said the question had
come up before the Council on the percentage of electors. Mr. Sheridan
felt it was the Commission's intent that if two ordinances being voted
upon were not consistent with each other, that to make one valid it
would have to have 55% of the people voting rather than a simple majority.
Section 5.19, Circulation of Petitions - Mr. Bjerkesett said the way in
which this new section was set up, the circulator is liable beforehand of
informing the petition signers.
Section 6.04, Subordinate Officers
Section 6.05, Purchases and Contracts
Section 6.06, Contracts, HQW Let
Section 7.02, Power of Taxation - Mr. McPherson questioned why Mr. Herrick
had changed the wording in this section. Mr. Sheridan said it was to
include personal property of industry. Mr. Sheridan said when the Commission
discussed this, they were thinking of everything that would be taxable,
trying not to exclude anything.
Section 7.03, Board of Review
Section 7.04, Preparation of Annual Budget
Section 7.05, Passage of the Budget & Section 7.09, Levy and Collection of
Taxes - Mr. Sheridan said the original change in these sections were to
set the dates as the last council meeting in October. Mr. Herrick had
discussed the time schedule with Mr. Brunsell and it was changed to
not later than the first Council meeting in October, in order to get the
budget requirements to the County, which is set by state law. Section 7.09
would read the first Council meeting of October, so as to fall into the
proper sequence.
Section 7.14, Accounts and Reports
Section 7.17, Debt and Tax Anticipation Certificates
Section 8.05, Public Works: How Performed.
Chapter 10, Franchises and Franchisee - Wherever the word public utility
is referred to, be replaced by the word, franchisee except in Section 10.02.
Section 12.07, Vacation of Streets
Section 12.11, Tenure, Powers and Duties of Present Officers (repealed)
MOTION BY OLE BJERKESETT TO ACCEPT AND RATIFY THE CHANGES SET FORTH IN
THE PROPOSED ORDINANCE AMENDING THE CITY CHARTER, WITH THE ONE CHANGE
THAT WAS MADE IN SECTION 5.02 FROM $50 to $200. Seconded by Herb Bacon.
Upon a voice vote, the motion carried unanimously.
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Mr. Sheridan said he would convey the Commissic. Ys intent and send a
copy of that motion to the Administration along with a letter to the
Council. Mr. Sheridan stated that the public hearing on the amended
Charter will take place on Monday, September 9. All members are welcome
to attend the hearing, although it is not mandatory.
Mr. Sheridan said he had received a letter from the City Manager dated
August 16, 1974. Mr. Sheridan said he would communicate a note to
Mr. Qureshi that the Commission had reviewed the Ordinance and was now
recommending the adoption of the amendments to the Ordinance.
ANNUAL. MEETING
Mr. Sheridan said in order to eliminate another meeting in September,
he would like to appoint or select from volunteers for a nominating
committee of three or more members who shall submit the nomination of
one or more candidates for each office. Officers include President,
Vice-President, and Secretary/Treasurer. Written reports of such
nominations shall be mailed to each member at least twenty days before
the annual election. The annual meeting will be held on November 19,
so the names must be submitted on or before the 31st of October.
Notices will be published.
Mr. Sheridan asked Mr. Crowder if he would serve as Chairman of the
Nominating Committee. Harry Crowder agreed to act as Chairman. Edythe
Collins and Herb Bacon consented to serving on the Nominating Committee
also.
Harry Crowder said that the appointments given to Commission members
were for two or four years. Some of the two-year terms will be expiring
in January or February. Mr. Sheridan said this did not mean that any
member that had been appointed for a two-year term and wanted to stay on
the Commission could not be reappointed by the District Judge. This will
be discussed at a future meeting.
ADJOURNMENT
Mr. Sheridan declared the meeting adjourned at 8:45 p.m. The next meeting
will be the annual meeting on Tuesday, November 19. Mr. Sheridan said he
was looking towards full membership at this meeting.
Respectfully submitted,
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.A. 464,■ .
Shelley ' iso,