03/02/1994 (2)
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CHARTER
REVIEW
. . COMMITTEE
MINUTES
Date
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CHARTER REVIEW COMMITTEE MEETING
March 2, 1994
The Charter Review Committee met at City Hall, on Wednesday, March 2, 1994 at
7:06 p.m., with the following members present:
Gerald Figurski, Chairman
Jerry Lancaster, Vice-Chairman
Joe Evich (arrived 7:10p.m.)
Kenneth Hamilton
Curlee Rivers
Tony Salmon
Karen Seel
Les Smout
Absent:
Anne Garris
AI Lijewski
Also present:
Mary K. Diana, Assistant City Clerk
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The Chairman called the meeting to order.
He reported staff was unable to obtain a speaker on single member districts for this
evening, but is attempting to schedule Mr. Jerry Liberman from USF for the meeting on April
6, 1994.
Referring to information gathered by Ms. Denise Wilson in the City Manager's office
and distributed to the committee, Chairman Figurski said arrangements are being made to
have the outside auditor, the current internal auditor, the former internal auditor and the
interim city manager at a future meeting to discuss the GAD concept. He mentioned a letter
he sent to the City Attorney regarding issues that came up at the last meeting. He
paraphrased the City Attorney's March 1, 1994 response stating it is not necessary to place
all charter changes on the ballot as a single issue, a salary increase for the commission could
have an early effective date and could be effective for those currently in office and the role
of the Internal Audit Department is defined by the City Manager.
Chairman Figurski referred to a handout from the Florida Statutes on the school board
and the board of county commissioners compensations which are based on county population.
Member Smout said F.S. Chapter 230.202 provides a formula for compensation and salary
adjustments.
Chairman Figurski reviewed the issues discussed at the last meeting. Member See I
noted the City of Tallahassee's charter provides for salary levels to be based on one-half of
what their County Commission receives.
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Oiscussion ensued regarding commission expenses. Member Salmon referred to an
article regarding Tampa's Airport Authority indicating there are state requirements regarding
allowable expenses. He questioned whether the commission is bound by state law. Chairm an
Figurski indicated they were. Member Salmon questioned whether the charter should specify
this.
Member Evich questioned whether expenses were covered under commission rules.
He asked if the state law specified to whom it applies, and it was indicated it did not.
Chairman Figurski is to research if the state law applies to the commission.
Member Evich expressed concern the charter could get expansive if types of expenses
limitations, etc. are defined. Member Salmon responded the charter could simply reference
the state law. He questioned whether the city has an established travel policy.
Discussion ensued in regard to the number of handouts given to the members as
support material and it was indicated time was needed for review of this information.
Chairman Figurski suggested after the public hearing on March 15, 1994, going
through the charter, section by section, arriving at decisions.
Member Hamilton noted the charter has been around a long time and has worked
successfully. He felt there are a number of issues to be addressed; however, felt the
committee should not assume the charter is a poor document and has to be changed.
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Member Salmon believed the committee was obligated to explore the issues that have
been brought up. Member Hamilton agreed, but asked that the changes be legitimized.
Single Member Districts
Chairman Figurski felt starting with this issue may generate questions to ask the future
speaker on single member districts and determine if there is a need for additional information.
Member Rivers, referring to his memo of February 23, 1 994 to the members, believed
there are areas in the City not adequately represented. He said he lives in such an area and
sees a lot of hopelessness and frustration. He indicated people feel left out. He felt a city
should serve all of its citizens equally. He believed the only way this can happen is by having
single member districts. He said in some areas many of the people can not even recognize
the names of the commission. When certain areas are isolated, negative attitudes start to
develop. He believed there is a need to find ways to get representatives from these areas
making them feel a part of the city. He felt this would eliminate a lot of future problems.
Member Salmon pointed out questions have been raised whether single member
districts will dilute minority impact and whether they will be decisive. He believed special
interest groups would develop which would only be interested in what is good for them. He
questioned whether single members districts would divide the city into groups and address
individual interests rather than what is good for the overall city.
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Vice-Chairman Lancaster believed there should be a combination of electing the
commission from districts and at large as he did not advocate dividing the entire city into
districts. He believed the black community was not adequately represented. He felt a system
should be devised whereby at least one commissioner is elected from a specific district and
the others at large.
Member Hamilton asked the percentage of registered blacks out of the number of
registered voters in the city. Member Evich responded there are approximately 3,000
registered blacks. Member Hamilton pointed out the districts would have to be equal in size
from a population base and specific areas can not just be carved out. He felt the only way
to have a predominantly black district was to expand the size of the commission.
Vice-Chairman Lancaster believed there was a need for a predominantly black district.
Member Evich questioned whether the city is large enough to divide into single member
districts. He said by going to single member districts we are looking for minority
representation. He did not see going to single member districts as only a black and white
issue. He felt no one should be denied a seat anywhere. Because of the small majority of the
minority population, he felt enough votes could not be gathered to be elected. He questioned
whether the method of elections should be changed to have the top vote getters being
elected. He pointed out there has not been a large cry for a change to single member
districts. He questioned whether there has been minority representation in the past and it was
indicated there has been.
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Member Rivers felt the speaker on single member districts would be able to provide
the mechanics on having members elected at large and from some special areas. Vice-
Chairman Lancaster supported a majority of the commission being elected at large. He said
the objective is to give representation to minority groups not divide up the city.
Chairman Figurski requested election statistics regarding minority voters. He said it
has been indicated that requiring a majority rather than a plurality of the votes forces
coalitions to form in order to get someone elected. He also referred to multiple member
districts.
Member Evich felt going to single member districts could result in a parochial viewpoint
as opposed to the betterment of the city and coalition and consensus building to get things
passed for particular areas. Member Hamilton felt this would be true if you vote only in the
district, but believed it could be handled like the county commission where the commissioner
has to live in the district but is voted on city wide. Member Evich said this would defeat the
entire concept of why single member districts were brought up. It was felt being elected by
their district would accomplish the goal of minority representation.
Chairman Figurski questioned whether causing commissioners to be elected city wide
means a city wide view on all issues. Member Rivers said he did not believe so and asked
where the present commission comes from and questioned whether it was one sided. It was
indicated the beach is well represented, with central Clearwater and Countryside also
represented. Member Rivers felt it was not certain by electing at large there would be no
parochial view.
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Member Evich noted there tends to be a high registration of voters in the Clearwater.
Countryside and beach areas and in these areas there is a tendency to vote. Member Rivers
believed it could be motivation that brought out the voters in these areas because of their
involvement in politics.
Member Salmon stated he is on the Clearwater homeowners' coalition and said they
have been unsuccessful in their attempt to get someone from the North Greenwood area to
become involved.
Member Hamilton indicated there is nothing to preclude someone from the black
community from running for office. They are not running because they can not generate the
vote from that area. He said when he worked with the Chamber of Commerce, he did not
know who to contact in the North Greenwood area. In response to a question, he responded
there was a problem talking to the different groups in that area.
Member Rivers pointed out his view is not limited just to the North Greenwood area.
He said he is interested in all sections of Clearwater.
Member Evich asked how many minority candidates have sought elective office in the
last 10-20 years. Reverend Campbell and Reverend Pitts were mentioned.
Member Lancaster felt any minority would have a difficult time in getting elected.
Member Salmon believed part of the problem is lack of involvement in the community to be
knowledgeable to present oneself to the electorate.
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""1t.~ Chairman Figurski questioned how many voters are truly informed of issues. Member
Salmon said he attends most of the candidate forums. He said candidates for office are not
always prepared to field the questions. He believed in order to be successful as a candidate,
one needed exposure and experience.
Member Salmon questioned whether single member districts in themselves are unfair
as there is going to be somebody who is going to be a minority no matter how the district is
divided.
Discussion ensued in regard to expanding the commiSSIon. Member Hamilton
questioned whether the commission should be expanded to 7-9 members in order to come
closer to the objective of having a minority on the commission. Member Hamilton said the
districts would be based on population. He suggested four districts of 25,000 each if the
commission is ~xpanded to seven with three seats are at large. Member Evich noted this
proposal still does not guarantee minority representation. Member Rivers felt it would provide
a better opportunity. Member Hamilton noted he is not necessarily in favor of single member
districts. .
Member Salmon said candidates have asked what they can do to get the black vote.
Member Rivers felt they needed an opportunity to become involved indicating there is a lot
of apathy for many reasons. He believed single member districts would be a step in the right
direction. Member Salmon asked if this would just be symbolic and Member Rivers responded
he did not feel it would.
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MINCH03A.94
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Chairman Figurski asked if anyone felt there was an area that was under represented.
Member Lancaster said there is a perception that the beach is over represented indicating
some of the beach issues are taking interest away from the City as a whole. Member Salmon
indicated some also feel the downtown gets too much attention. He noted this is where the
city's tax base is. Member Seel noted Countryside is economically solid as it stands and felt
it does not require as much attention as other areas of the City.
Member Evich said the intent is to create a better opportunity for minorities and reduce
the apathy throughout the city. He questioned the way to get there.
Term Limits
Members Hamilton and Lancaster nDted they are not in favDr Df term limits. Member
Hamilton said it takes time tD learn in order to become effective.
.Member Rivers said he was opposed to any kind of limitation. He believed the voters
shDuld decide that issue. He felt the electorate would not continually elect an incompetent
person term after term.
Member Seel felt it was difficult to defeat someone whose name is recognizable and
has been in office for a long time.
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Member Hamilton cited County Commissioners Bruce Tyndall and Charles Raney as
I examples of peDple in office no one seems to want to challenge for their seats. He felt the
electorate is either satisfied with what they are doing or it is felt they can not be beat.
Member Evich said originally he was opposed to term limits; however, felt it may be
time to change the system to prevent the activists from controlling the system.
Member Salmon said he was philosophically opposed to term limits; however, felt the
only way to address the advantage that an incumbent has is tD flush the system.
Member Seel indicated it is not that the system always needs to be flushed but
sometimes there is a need for a new voice.
Member Hamilton questioned whether it was a good idea to have term limits especially
when you have someone in office who is really getting effective. Member Salmon said he has
a prDblem with someone making politics a career.
Member Smout noted non-profit boards have term limits; however, noted after being
Dff the board for a term, one can run again. He found the idea Df term limits unfortunate but
believed this could help to address unique cases, such as a career in politics.
Member Hamilton said he had a problem with trying to equate term limits fDr the
commission with the non-profit bDards. He said when you serve on the same board for a long
time, YDU tend to go to the same wells. If you rotate members, you get new people with new
contacts and ideas.
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Member Smout felt a breath of fresh air is needed at times to get a different
perspective.
Member Lancaster said you need to look at the results and ask whether Clearwater has
had commissioners who have served an excessive length of time. He pointed out this was
not the case with the exception of Mayor Garvey. He felt Mayor Garvey has been re-elected
because she is knowledgeable about the community. He did not see a problem in not having
te~m limits indicating the other commissioners have not been in office an excessive length of
time.
Member Hamilton believed if term limits Bre imposed they should not be retroactive.
Member Evich felt the issue is whether the function of the commission is to be
parttime with the professional city staff running the City. He proposed if this is the case, to
have term limits to get new people in office and to let the professionals run the City. He felt
the length of terms should also be addressed. He questioned whether we want to have an
off year when there is no City election.
Member Lancaster said the Charter Review Committee he served on in the past
lengthened the term from two to three years. He found four years to be too long especially
if there is someone in office who is not going along with the populous.
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Discussion ensued in regard to lengthening the terms, staggered terms and term limits.
It was noted currently the terms of the commission arB staggered. Member Hamilton favored
four year terms as'is the case with the Congress. Member Evich felt longer terms would give
the commission more time to function and less time to campaign.
Member Hamilton said he would have no problem with an eight year commissioner
running for the mayor seat. Vice-Chairman Lancaster felt this would defeat the purpose of
term limits.
Member Smout felt this would depend on whether we go to single member districts.
He said if the commission is elected at large as it currently is, he would agree on term limits.
Surolus Prooertv
In response to a question, it was indicated the City Attorney and staff's white paper
raised this issue and a request was made that the City Attorney provide direction.
Maioritv Elections
Chairman Figurski said the issue is runoff elections and timing of such elections if we
go to majority elections. A suggestion was made to hold the runoff election two weeks after
the regular election.
Vice-Chairman Lancaster said he favored election by plurality indicating the process has
worked for Clearwater.
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Member Evich expressed concern regarding the cost of an election. He favored the
same election date for all municipalities.
Member Hamilton questioned whether the City is required to have their election in
March and it was indicated this is dictated by the charter. He recommended changing the
election to November hoJding it in conjunction with the county election. He said the county
election brings out more voters and would save the City money.
Chairman Figurski said the idea of having the City election in March is to get the
election away from the national election and have the voters think about city issues. It was
noted a concern in holding elections in conjunction with the county is the size of the ballot.
Member Smout indicated $17,000 was bUdgeted for a special ejection in 1993. Jt was
noted an election was not held.
Member Evich expressed concern regarding additional costs in having to have a run-off
election if a majority of the votes is required.
Members Lancaster and Rivers supported the current plurality election process.
Vacancies
Discussion ensued in regard to the process of filling the Mayor's seat if it becomes
vacant. Member Evich said Section 2.05. Mayor-commissioner, functions and powers, second
f~\'i)'\ paragraph, states "the vice~mayor shall act as mayor-commissioner during the absence or
. :.I"J" inability of the mayor-com missioner to perform the duties of the office of the mayor." He said
the issue discussed previously related to the resignation of the mayor. It was suggested the
word "resignation" be added to that paragraph.
Referring to filling vacancies, Member See I noted one city's charter sets a time limit.
If a term is to expire within 60 days, someone would be appointed to the vacant seat; if the
remainder of the term is longer than 60 days, there would be a special election.
Member Evich asked if the committee should address what to do if there is a vacancy
in the vice-mayor's seat and the mayor's seat at the same time. It was indicated the
committee should be careful about legislating for the extremes. Chairman Figurski noted the
commission elects the vice~mayor. He felt if there is no provision, Robert Rules of Order
would be followed regarding vacancies.
Member Salmon noted Section 2.07 provides for filling vacancies. He believed the
vice-mayor is appointed to act on behalf of the mayor in her absence. Since the mayor is a
member of the commission, this seat would fall under Section 2.07 which states" A vacancy
in the commission shall be filled by majority vote of the remaining commission members...It.
He questioned if Section 2.05 and Section 2.07 conflict. Chairman Figurski believed Section
2.05 dealt strictly with the mayor and vice-mayor; Section 2.07 dealt with the commission.
Member Hamilton questioned if the intent is for the vice-mayor to completely take over
if the mayor is unable to perform. Member Salmon indicated other cities provide that the vice-
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mayor act in the mayor's place for a certain time period and then a mayor is elected. Member
Seel felt this issue should be addressed in the charter.
Oiscussion ensued in regard to how the resignation of the mayor would be handled.
Member Evich said if the mayor is elected at large as currently, the vice-mayor would fill the
mayor's seat if it becomes vacant for any reason and the vacancy in the board created by the
resignation be filled as a commissioner seat.
Discussion ensued regarding how the vice-mayor is elected and it was indicated this
is a rotating seat among the commissioners.
Concern was expressed the charter does not address the resignation or death of the
mayor. The City Attorney will be asked to address this issue.
SeDarate Bill for Citv Taxes
Chairman Figurski believed state law provides for the billing process and the way it is
done. Member Smout noted the TRIM notice spells out the procedure.
Bond Authorization Limits
Member Smout indicated the Budget Advisory Committee recommended in Article IX.
Fiscal Management Procedure increasing the referendum requirement to $2 million in revenue
bonds for projects with the exception of revenue bonds for public health, safety, etc.
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Vice-Chairman Lancaster said Article IX needs to clearly define when the bond limit can
be exceeded for public health, safety, etc.
Referring to Section 2.01 (d){1), Member Hamilton said this covers the limitation on the
total indebtedness and talks about bonds. He questioned whether this is a separate issue
from the bonds reflected in Article IX. Member Smout said the BAC is suggesting the 20%
limitation on indebtedness be reduced to 15 %. Member Evich asked if the assessed value
decreases would the City be in violation of the charter and it was indicated not if appropriately
authorized. Concern was expressed revenue bonds are also included in Section 2.01 (d)(1).
Member Hamilton said a suggestion had been made to change "improvement bonds" possibly
to "general obligation bonds. II
Concerns were expressed with using the wording public health, safety, etc. as it was
felt this could cover almost anything.
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Member Salmon noted a previous Charter Review Committee recommended changing
the referendum requirement from $1 million to $2 million; however, was not accepted by the
commission at that time.
A question was raised as to what has happened recently that would cause the $1
million limit to be a problem. The Sun Bank Building purchase and the City Hall project were
cited. It was indicated staff's white paper asked that this issue be addressed as their concern
is bridge and road projects.
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Member Salmon noted Article IX also deals with industrial development.
Member Smout said the BAC is suggesting adding language to Article IX dealing with
tlfederal mandates or refinancing of current bonds" and deleting "industrial and revenue bonds
for refunding."
Member Hamilton felt more information and clarification of Article IX is needed.
Member Salmon suggested increasing the referendum requirement for all revenue
bonds and deleting "public health and safety."
Member Evich questioned whether a provision specifically addressing the purchase or
construction of buildings when costs exceed a certain amount should be added.
In response to a question, it was indicated money had been set aside by the City over
the years for a consolidated City Hall and was used for the purchase of the Sun Bank building.
Chairman Figurski asked the members if they wished to have the City Attorney speak
on the bond issue. It was felt more information was needed. Member Salmon asked if there
is an ordinance on fiscal management procedures.
Discussion ensued in regard to the March 1 5 public hearing and it is anticipated there
would not be a lot of citizen input. A suggestion was made to have staff available to provide
information on the genera) accounting and bond issues.
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Member Hamilton felt the committee may want to resolve the council-manager vs.
mayor-council issue at this time.
Member Salmon suggested having a speaker on single member districts at the meeting
of April 6 or scheduling a meeting around that time. Member Evich noted he may not be in
attendance on April 6.
Member Smout asked that Section 2.07(e) Advisory boards address minority
representation for these boards.
Member Evich said a suggestion has been received regarding the elimination of the 28-
foot line which would require any development on the bluff to go to referendum.
Adjournment
The meeting adjourned at 9: 12 p.m.
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