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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recommendations: Section 2.03, Elective Officers Section 2.05, Vacancies in the Council Section 2.06 & 2.06A - (repealed) Section 2.09, Investigation of City Affairs Section 4.03, Primary Elections Section 4.05, Judges and Clerks of Election Section 4.08, Canvass of Elections and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 Page 2 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. • Page 3 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, • .A. 464,■ . Shelley ' iso,