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CHM 11/18/1975 • CHARTER COMMISSION MEETING November 18 , 1975 _MEMBERS PRESENT: Ken Brennen, Raymond Sheridan, John Swanson,, Elaine Knoff, Ole Bjerkesett , Herbert Bacon, Harry Crowder, Peg McChesney, Jackie Johnson MEMBERS ABSENT: Jerry Ratcliff , Robert O 'Neill , Clifford Ash, Roy McPherson OTHERS PRESENT: Virgil Herrick, City Attorney Chairperson Sheridan opened the meeting at 7 :41 P.M. APPROVAL OF MINUTES OF OCTOBER 21 , 1975 CHARTER COMMISSION MEETING : MOTION by Ole Bjerkesett , seconded by Herbert Bacon, to approve the minutes of the October 21, 1975 Charter Commission meeting as written. Upon a voice vote, all voting aye , the motion carried unanimously. REPORTS FROM OFFICERS : Chairperson Sheridan explained he had written a letter to Judge Gillespie asking that he appoint two new members to the Commis- sion. He added he had recently received a reply from Judge Gillespie indicating he had appointed Charles Langer, Attorney at Law, and Karen Johnson to tie Commission. Those persons , along with Jerry Ratcliff will be sworn in at the next regular Charter Commis- sion meeting. DATE FOR NEXT CHARTER COMMISSION MEETING : The Commission set the date for their next meeting at January 20 , . 1976 . Due to the holidays , there will be no meeting in December. UNFINISHED BUSINESS : SECTION 5 . 02 EXPENDITURES BY PETITIONERS Mr. Swanson stated his committee had agreed the $50 limit on expenditures should be increased to $200 as previously suggested by the Commission. He added there was conflict and intermingling between sections 5 . 02 , 5 . 03 , and 5 .19 . It was his committee ' s suggestion that those committees dealing with sections 5 . 02 and 5 .19 arrange a meeting to discuss the possibility of combining those sections , and also take section 5 . 03 into consideration . (cont . ) CHARTER COMMISSION MEETING , NOVEMBER 18 , 1975 PAGE 2 SECTION 5 . 08 - INITIATIVE BALLOTS Mr. Crowder stated it was difficult for him to believe that two conflicting ordinances could be approved. However , this is possible . He stated the question in that case would be "who determines the inconsistency?" Mr. Crowder stated his committee had thought perhaps if there were two ordinances which conflicted and were approved , possibly the City Council could determine what the inconsistency was and correct it before it actually became an ordinance. Mr. Crowder asked Mr. Herrick whether it should be spelled out in this section as to who would have the responsibility of resolving the inconsistency. (This would be an alternative to the 55%.) Mr. Herrick stated he felt in the case that both ordinances had over 50% of the vote , the ordinance with the greater amount of votes should be enacted. Mr. Sheridan asked whether the Commission should make it mandatory upon the Council to resolve the inconsistency within a certain period of time. Mr. Herrick stated the City Council would be the only body which could do anything about this . If the conflict was a serious one , yes , it would have to be resolved quickly. The Commission agreed it wished to (1) remove the percentage , (2) resolve the inconsistency by some body, and (3) set a time limit to resolving the. inconsistency. SECTION 5 . 18 - FORM OF RECALL BALLOT Mr. Sheridan stated he would review this section and make some recommendations to the Commission regarding those voting on the office of recall. He stated he felt the charges should be spelled out more clearly. SECTION 5 .19 - PENALTY FOR FALSELY ATTESTING TO ANY SIGNATURE ON A PETITION �p A - see. R. ko/7` Mr. Brennen stated his committee agreed Sections 5 . 19 and 5. 02 did overlap as Mr. Swanson had indicated. Those committees will meet to discuss these sections together. Ms. Johnson read aloud a collection of past comments taken from minutes , letters , etc. regarding this section of the City Charter. She stated it was the consensus of those discussions that Section 5.19 should be deleted from the proposed changes . CHARTER COMMISSION MEETING, NOVEMBER 18 , 1975 PAGE 3 Mr. Brennen stated, however, that the committee felt that the petitioner should know his responsibilities when circulating a petition. They also agreed they would like the City Charter to authorize the Finance Director to supply petitioners with written instructions for circulating a petition. This is being . done now. However, it should be mandatory. SECTION 6 . 04 - SUBORDINATE OFFICERS 6 SECTION 6 . 05 - PURCHASES AND CONTRACTS 6 SECTION 6 . 06 - CONTRACTS , HOW LET Peg McChesney indicated her committee felt that Sections 6 . 05 and 6 . 06 were fine as written. Mr. Herrick stated the dollar amounts should be deleted with the words " as provided by state statutes" substituted. The Commission agreed. In regard to Section 6 . 04 , Mr. Sheridan explained to Mr. Herrick, that the Commission, in suggesting the City Attorney be appointed by the City Manager with approval of the Council , was trying to remove this from the political ring. Mr. Sheridan asked for Mr. Herrickls guidance on this matter. Mr. Herrick indicated personally, he did not really care. However, it would probably be better to have the City Manager make the appointment. Mr. Sheridan asked about the possibility of using the words "appoint a firm " rather than an individual attorney. Mr. Herrick said it would probably be better to suggest that an individual be appointed and that he name a replacement. This would be better because the naming of a firm would eliminate the sole practitioner. SECTION 7 . 04 -- PREPARATION OF ANNUAL BUDGET a SECTION 7 . 05 - PASSAGE OF THE BUDGET a SECTION 7 . 14 - ACCOUNTS AND REPORTS Mr. Sheridan explained his committee recommended that the Charter Commission leave these sections as they are written. The Commission agreed . (.cont, ) r" • CHARTER COMMISSION MEETING , NOVEMBER 18 , 1975. PAGE it SECTION 10 . 05 RATES AND CHARGES SECTION 10 . 06 - PROVISIONS OF FRANCHISES a SECTION 10 . 09 - PUBLIC HEARINGS Mr. Brennen stated his committee had decided it would be better to use the words "public utility or franchisee" rather than only the word "franchisee' throughout all three sections . Also, in Section 10 . 06 , the subdivisions a and b should be stricken with (1) and ( 2) under b becoming ( 6) and (7 ) . The Commission agreed. DATE FOR REPORT ON EACH COMMITTEE' S PROPOSALS : Each subcommittee will submit a report on their assigned sections of the City Charter between Christmas and the new year. ELECTION OF OFFICERS : • The following persons were nominated as officers of the Charter Commission: Raymond Sheridan — Chairperson Clifford Ash - Vice-Chairperson Peg McChesney - Secretary/Treasurer MOTION by Harry Crowder that the Charter Commission cast a unanimous ballot for the above listed persons and their res- pective positions . Seconded by Herbert Bacon. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: MOTION by Ole Bjerkesett , seconded by Ken Brennen, that the Charter Commission adjourn its meeting of November 18 , 1975 at 9 : 19 P.M. Upon a voice vote , all voting aye, the motion carried unanimously. Respectfully submitted , • / 14V,4( Holly Tohsager Recording Secretary •