CHM 09/16/1975 CHARTER COMMISSION MEETING
September 16 , 1975
MEMBERS PRESENT: Clifford Ash , Raymond Sheridan, Jackie Johnson,
Edythe Collins , John Swanson, Peg McChesney,
Robert O 'Neill , Ole Bjerkesett , Roy McPherson,
Harry Crowder, Elaine Knoff , Ken Brennen,
Herbert Bacon
MEMBERS ABSENT : Jerry Ratcliff •
OTHERS PRESENT: Marvin Brunsell , Asst . City .Manager/Finance Director
Chairman Sheridan opened the meeting at 7 : 35 P.M.
OATH OF OFFICE TO APPOINTMENTS TO COMMISSION
• Marvin Brunsell lead the oath of office in the appointments
of the members to the Charter Commission.
Ken Brennen and John Swanson were appointed to fill the unexpired
2-year terms of Francis Casey and Jack Kirkham.
The following persons were reappointed for 4-year terms on the
Charter Commission:
Elaine Knoff Jerry Ratcliff (not present)
Peg McChesney Jackie Johnson
Robert O 'Neill Clifford Ash
Roy McPherson
APPROVAL OF MINUTES OF MAY 20 , 1975 CHARTER COMMISSION MEETING
MOTION by Herbert Bacon, seconded by Ole Bjerkesett , to approve
the minutes of the May 20 , 1975 Charter Commission meeting as
written. Upon a voice vote , all voting aye , the motion carried
unanimously.
REPORT OF COMMITTEES
There were no reports of committees .
COMMUNICATIONS
Mr. Sheridan referred to a memo addressed to the Charter Commission
from Marvin Brunsell dated May 22 , 1975 , in which the costs of
the special election held in March were broken down. For the
information of the Commission members , this memo will be an
attachment to the minutes .
(cont. )
CHARTER COMMISSION MEETING , SEPTEMBER 16 , 1975 PAGE 2
Mr. Sheridan also referred to a letter he had written to Judge
Gillespie in which he requested consideration of the matter of
reappointments as early as possible in order that the Commis-
sion may be at full strength. That letter is also included
as an attachment to the minutes .
Mr. Sheridan also indicated he had requested the Council review
the proposed amendments and advise the Commission in writing
the reasons for the objections to any amendments which the
Council did not pass . That letter will also be included as
an attachment to the minutes .
Chairman Sheridan brought to the attention of the Commission
a letter fr•om Dennis Schneider of the DFL Club in which the
Club made recommendations concerning the proposed amendments .
Copies of that letter were distributed among those present at
the meeting.
UNFINISHED BUSINESS
The Commission held a lengthy discussion of those amendments
which were not adopted by City Council.
Mr. Bjerkesett questioned as to whether the proposed charter
has , as of yet , had a second reading. Marvin Brunsell stated
it had. Presently, the charter is going through the 90-day
waiting period, prior to publication.
Mr. Brunsell suggested the Commission may wish to instruct
the secretary to send copies of the actual Charter Ordinance
to the members . The members will receive these along with
the minutes of the meeting.
The following sections were not adopted by City Council :
SECTION 5 . 02 : EXPENDITURES BY PETITIONERS
Mr. Bjerkesett stated the $50 expense for stationery, copying ,
printing , and notaries ' fees should instead read "$200" .
He cited this in the minutes of the October 29 , 1974 Charter
Commission meeting. The Commission agreed this should be
$200 .
Mr. Swanson stated Tim Breider had raised a question as to
whether a fine must be stated since state statutes already cover
this .
Mr. Ash commented the Commission had debated this issue of fines
and felt that a fine should be stated as to prevent this type
of thing from being taken advantage of.
Mr. Crowder read a letter to the Commission from Virgil Herrick,
•
(cont. )
•
CHARTER COMMISSION MEETING , SEPTEMBER 16 , 1975 PAGE 3
t
City Attorney, in which he states the word "misdemeanor" should
not be included in the amendment . The words "ordinance violation"
or "offense" should be substituted.
Mr. Bjerkesett stated the Charter Commission had submitted all
of these proposed. changes to Mr. Herrick for his approval , and
he had not suggested this be changed.
Ms. Knoff suggested using the words "ordinance violation" may
clarify this to more degree.
The Commission agreed they would like clarification of this again
by Mr. Herrick.
SECTION 5 . 08 : INITIATIVE BALLOTS
The Commission discussed this section and agreed they did not
allow for the different situations when the changes were proposed.
Mr. Crowder stated when the Commission made the changes , they
based the changes on three initiative ordinances . The Commission
agreed they did not allow for the situation in which none of the
ordinances would receive a 55% vote.
The Commission felt this would require further study.
SECTION 5 . 19 : PENALTY FOR FALSELY
ATTESTING TO ANY SIGNATURE ON A PETITION
The Commission felt a problem with this may be enforcement .
Who would have this responsibility?
Mr. Brennen questioned as to whether this would be under State
statute.
Mr. Bjerkesett stated it would not be .
Mr. Ash said the reason for this would be this will be a City
responsibility.
•
Mr. Bjerkesett said he was concerned with the procedure.
Mr. Brunsell stated the City has specific instruction booklets
for circulators of petitions . This has been adopted by Council.
However, this is based on the present charter.
It was decided Mr. Bjerkesett ' s subcommittee would review this .
(cont. )
•
CHARTER COMMISSION MEETING , SEPTEMBEP 16 , 1975 PAGE 4
SECTION 6 . 04 : SUBORDINATE OFFICERS
Mr. Sheridan stated the Commission had asked a number of bodies
to express their ideas on the proposed Charter Changes . He
added City Council and administration had said the City Attorney
should be appointed by the administration because he would work
with the administration. They also felt he should be taken out
of the political ring.
•
The Commission decided this would require further study.
SECTION 6 . 05 : PURCHASES AND CONTRACTS
AND
SECTION 6 . 06 : CONTRACTS , HOW LET.
The Commission agreed the dollar amounts should be left out
of the amendments and the words"refer to State Statutes" should
be submitted.
•
SECTION 7 . 02 : SECTION B - POWER OF TAXATION
r1 Mr. Ash stated he would like an official definition of "personal
property" from Mr. Herrick. He said he did not feel this should
include personal household items . He felt that with a clear
definition, the Commission could study this ordinance further.
The Commission agreed.
SECTION 7 . 05 : PASSAGE OF THE BUDGET
AND
SECTION 7 . 04 : PREPARATION OF ANNUAL BUDGET
AND
SECTION 7 . 14 : ACCOUNTS AND REPORTS
Mr. Brunsell stated the City Council did not feel the dates
submitted by the Charter Commission were realistic .
SECTION 10 . 05 : RATES AND CHARGES
AND
SECTION 10 . 06 : PROVISIONS OF FRANCHISES
AND •
SECTION 10 . 09 : PUBLIC HEARINGS
The Commission agreed they had used the word "franchisee because
(cont. )
CHARTER COMMISSION MEETING , SEPTEMBER 16 , 1975 PAGE 5
it was a much broader term. It was suggested that both terms
be used. This will require further study.
The Commission agreed it would probably be better that these
proposed changes go on the ballot in the fall of 1976 rather
than this year. •In this way , the Commission could give
further thought and discussion to those unadopted amendments .
All agreed this should not be rushed and a date for completion
of these reviewals be established.
NEW BUSINESS
Mr. Sheridan explained the Charter Commission ' s annual meeting
will take place November 18 , 1975 . He appointed a nominating
committee . Those persons appointed to the committee were
the following :
Clifford Ash Harry Crowder
Jackie Johnson Ole Bjerkesett
Elaine Knoff
Mrs . Edythe Collins announced to the Commission she will be
submitting her resignation next week as a result of a change
in residency.
Mr. Sheridan explained he will write a letter to Judge Gillespie
asking him to appoint two new members to the Commission.
The next Charter Commission meeting will be October 21 , 1975 .
ADJOURNMENT
Chairman Sheridan adjourned the meeting at 9 : 25 P.M.
Respectfully submitted ,
VY-Z
Holly Tonsager
Recording Secretary