Agenda - Council - 03/22/2022 - Laserfiche WebLink

Home

City Attorney Knaak explained the ordinance is passed by the Council and it goes to the voters or the Charter Commission proposes the ordinance. He stated the 90 days she referred to is that in 90 days, it becomes effective under the statute. Mayor Kuma asked if the Council sends something to the Charter Commission and it is rejected, could the Council send it out for a referendum. City Attorney Knaak replied they can if they pass an ordinance. Councilmember Musgrove asked if that is the only way to get it in front of the voters. City Attorney Knaak replied no, you could have someone do a petition. Councilmember Heineman stated with a petition, it needs 50% of people registered to vote in the last election. City Attorney Knaak replied it is a percentage, but not insurmountable. Councilmember Woestehoff suggested politely suggesting to the Charter Commission that they draft an ordinance to prohibit just the Councilmembers, because that is the major concern. Then it can come to the Council and if approved unanimously and within the timeframe, and doesn't get to a referendum. He thought some things could be done through policy when it comes to selecting Boards and Commissions. He asked if there was interest in putting the relationship of the Charter and Council and put the other things second. City Attorney Knaak replied that the only way to prevent a Councilmember from sitting on the Charter Commission is via the Charter. That isn't true of the Planning Commission or others which can be done by ordinance, and that is the point Councilmember Woestehoff is making. What matters in getting to the issue is putting it in the Charter. Councilmember Heineman asked if the concern was that it would be dead on arrival if Commissioners were excluded from the Charter Commission so to increase the likelihood that it will go through, is to address Councilmembers now and address Commission members at a later time through policy. He noted when the Council is selecting Commission members, they could keep it from happening in the future. Councilmember Howell replied if a policy is trying to be more permanent, doing the Boards and Commissions later will be a less permanent change. Councilmember Heineman replied if they are afraid that members of the Charter Commission will kill it because they don't want to give up a Commission spot, the Council could increase the probability they don't kill it by removing Commission members from this language. City Attorney Knaak commented that strong arguments have been made and maybe they could see the merits of that. City Council Work Session /March 8, 2022 Page 9 of 13