01-25-1994 - Laserfiche WebLink

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V . Charter Review . Chapter 10 : Upon the motion of Julie Trude , seconded by Jerry Linke , the commission voted unanimously to amend the agenda to Review Chapter 10 . Julie Trude distributed her re-draft of Chapter 10 noting that she had been unable to locate an approved draft of Chapter 10 . Duane McCarty located a Chapter 10 draft that had been reviewed in June 1993 . The commission decided to review this second draft . The draft was approved . Chapter 5 The commission reviewed the December re-draft of Chapter 5 prepared by Sue Hankner , concurrently with the original Charter Chapter 5 . The commission decided to follow the re-draft for Section 5 . 01 , 5 . 05 , 5 . 06 and 5 . 07 . The commission agreed to use the original Section 5 . 02 and insert two items from the re-draft , " print name " on petition and a sample petition is available from the clerk- administrator . The commission also agreed to follow the original Charter for Section 5 . 03 using the modifications previously agreed upon ( 10 "working " days to review the petition ; 20% electors in mayoral race to petition ) . The re -draft of Section 5 . 04 was followed except that 30 days was considered sufficient ( not 30 working days ) , and the omitted sentence on recall was re- inserted . Generally , the commission members believed • it was important for the community to see no major changes on the recall whether or not it is considered an effective device . Therefore references to recall were re-inserted . Russ Warren offered to re- write Section 5 . 08 on Recall for the commission ' s review . Julie Trude explained that someone from the city staff will be given all of the re-drafted sections to type up as an entire document for the commission ' s further review . ( She will re-type Chapter 5 as amended) Duane McCarty explained to Russ Warren his concerns about deleting all references to resolutions in Chapter 5 . ( Was the one Supreme Court case on this subject definitive on the topic that all petitions on resolutions are inappropriate and illegal ? ) The issue he sees remaining on this topic is whether the petitioners should be forced to go to court to force an election on a petition the council refuses to follow through on or should the council be obligated to seek a court order that the petition is legally invalid and should not go to the electors . He asked the commission to continue to consider his draft proposal of Section 5 . 05 , subdivision 2 putting the burden on the council to seek a court order or injunction to prevent an otherwise mandated election . This issue was reserved for further legal review and input . VI . Adjournment Upon the motion of Jerry Linke , seconded by Dave Long , the members voted unanimously to adjourn the meeting at 8 : 55 p . m. • RespectfulU submitted , (Julie Trude , Secretary