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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