City Council

December 17, 2015 MINOT CITY COUNCIL – SPECIAL MEETING – DECEMBER 17, 2015 AT 12:00 P.M. ROLL CALL Members Present: Berg, Frantsvog, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Olson, Pankow, Schuler, Seymour, Shomento Members Absent: Connole Mayor Barney presiding. PLEDGE OF ALLEGIANCE Mayor Barney led the City Council in the Pledge of Allegiance. RESOLUTION NO. 3468 – SCHEDULING A SPECIAL ELECTION DATE OF TUESDAY, MARCH 1, 2016, REGARDING THE QUESTIONS OF AMENDING ARTICLE 3 (POWERS OF THE CITY) SECTION FOR THE HOME RULE CHARTER OF THE CITY OF MINOT AND AMENDING ARTICLE 8 CHANGING THE FORM OF GOVERNMENT, WITH SAID RESOLUTION AUTHORIZING FURTHER THE POLLING PLACE AND SETTING THE HOURS IN WHICH THE POLLS SHALL REMAIN OPEN, AND FURTHER SCHEDULING THE APPLICABLE TIME DEADLINES FOR SUCH A SPECIAL ELECTION – APPROVED Alderman Lehner moved the City Council adopt Resolution No. 3468 scheduling a special election date of Tuesday, March 1, 2016, regarding the questions of amending Article 3 (Powers of the City) Section for the Home Rule Charter of the City of Minot and amending Article 8 Changing the Form of Government, with said resolution authorizing further the polling place and setting the hours in which the polls shall remain open, and further scheduling the applicable time deadlines for such a special election. Motion seconded by Alderman Hatlelid. Mayor Barney called upon the Assistant City Attorney to clarify the discussions that had taken place with the Attorney General’s office. The Assistant City Attorney stated a conference was held with Lee Ann Schneider of the State and Local Government Division of the ND Attorney General’s Office. She stated, it is the opinion of the Minot City Attorney’s Office that current State law and Minot’s present Home Rule Charter does not give Minot the authority to put the measure brought forth by the Make Minot Committee on the March special election ballot. She explained, the present Home Rule Charter only allows council members to be elected by Ward whereas Make Minot’s measure is seeking to allow council members to be elected at large. She also stated that this situation is different than the election held in 2011 when an amendment to the Home Rule Charter was made on the same ballot as a vote for sales tax. The previous situation was to clarify an existing power- the power to tax, whereas this measure would create a new power in the Home Rule Charter. She also mentioned the City’s position is we cannot have competing measures on the June ballot. Alderman Frantsvog asked the Assistant City Attorney if this was the official opinion of the Attorney General’s Office, to which she clarified that an official recommendation may take up to six months to receive and this is the opinion of the Minot City Attorney’s Office after conversations with the Attorney General’s Office. Shawn Sipma of 920 4th Ave NW, representing the Make Minot Committee spoke before the Council. He said the Make Minot Committee understood this push for change would be difficult. He stated the City has often been slow to react to various issues; however, since they have identified the legal gray areas as it pertains to State law and the Home Rule charter, the Make Minot Committee would be comfortable with the special election in March to vote on amendments to the Home Rule Charter only. He also stated that he understands the opinion that having another option on the ballet at the same time would not be allowed. He concluded by saying they (Make Minot) would be comfortable moving forward with the June primary election if the Make Minot petition is the only measure on the ballot at that time.  December 17, 2015 Whereupon a vote was taken on the motion by Alderman Lehner, seconded by Alderman Hatlelid and carried by the following roll call vote: ayes: Berg, Frantsvog, Frey, Hatlelid, Hedberg, Jantzer, Lehner, Miller, Olson, Pankow, Schuler, Seymour, Shomento. nays: none. ADJOURNMENT There being no further business, Alderman Miller moved the City Council meeting be adjourned. Motion seconded by Alderman Shomento and carried unanimously. Meeting adjourned at 12:09 p.m. ATTEST: _________________ APPROVED: _____________________ Lisa Jundt, City Clerk Chuck Barney, Mayor