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12-17-2001 CHCMCharter Commission Meeting Minutes December 17, 2001 Members Present: Chair Chuck Carlson, Steve Auger, Jean Peterson, Don Glas, Roger Petersen, Carl Bretzke, Phil Graves and Mike Cannon Others Present: City Attorney Richard Schieffer and Recorder Melissa Starke Members Absent: Ron McGraw, Linda Remucal, Virgil Voigt and Walt Clay Chair Carlson called the meeting to order at 4:00 p.m. Motion by Bretzke, second by R Petersen to approve the meeting minutes from December 3, 2001 meeting Motion carried unanimously. Attorney Richard Schieffer explained the changes to Section 2.09. He stated that the language additions reflected what the language in the petition stated. Mr. Schieffer disbursed a visual aid to explain the procedure to fill vacancies for council member /mayor offices. Mr. Schieffer explained that a full petition overrules the written question on the voted ballot. In Section 2.09, additional language has been incorporated from the original petition approved in the November 2000 election regarding the process to fill vacancies. Roger Petersen questioned whether or not there is a time limit for the Special Election to be held to fill the vacancy of council member /mayor. Attorney Schieffer explained that there is no timeline and that the Council can set the election whenever they so choose. Mr. Schieffer explained that appointments to the Council shall be filled immediately. Roger Petersen stated that the issue of the petition is that an election is held within a certain time frame, so that appointed officials do not complete a lengthy tern without being voted into that position There was further discussion as to when the special elections can be held. The petition states that the elections be held "at or before the nest regularly scheduled election'. Attorney Schieffer stated that the petition language was created from state statute. Mr. Schieffer stated that the additional language in Section 2.09 was created from the petition language approved in the election of 2000. There was some discussion in regard to what the actual intent of the petition language is. The Charter Commission decided to approve the language as presented by Dick Schieffer. Motion by Peterson, second by Auger to approve the additional language to Section 2.09. Motion carried unanimously. Attorney Schieffer noted the exception listed in Section 4.02. Motion by Cannon, second by Graves to approve the additional language in Section 4.02. Motion carried unanimously. Chair Carlson stated that copies of the revised Charter will be available after the first of the year. Notices will be in the newspaper and on the radio notifying the public about the availability of the revised Charter. Attorney Schieffer disbursed a memo he drafted recommending that it be given in as a supplement to the revised Charter as residents pick up the document. This memo describes the work the Charter Commmission has done and the process for the approval of the revised City Charter. The Charter Commmission agreed that the memo should be disbursed with the revised Charter. Phil Graves questioned how the ballot question read regarding the terns of office and filling of vacancies. Mr. Schieffer read the resolution that was adopted citing the ballot question. The focus of the ballot question was how to fill early vacancies. It was speculated that the ballot question was intended to have a special election held within the year if a tenn is longer than 365 days. The Charter Coimnission agreed to see what the outcome of the public hearing is. If there are changes reconnnended at the hearing, the Charter Coimnission will consider them. Motion by Bretzke, second by R Petersen to adjourn. Meeting adjourned at 4:40 p.m.