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HomeMy WebLinkAboutJan 20, 1930 OFFICIAL PROCEEDING~ called to order Jan. BOth, at the High School Building, 8:00 P.M. All members present ~ Reading of the previous minutes. After one correction - that of chan~ng the word 'retain' to 'hire' in regard to the new City Manager, they were approved. Reading of the bills: Fred 0ssanna E. J. Carrigan Alice Ledwein Fred 0ssanna H.A.Trucker Beesie Plocienik Fred JOhnson Minn. Dept. of Edu.l.7© E. Udstad 26.50 50.00 90.20 7.50 50.00 62.50 3.75 6.25 D. 0. Quesnel 106.09 James French 75.00 · Jam~s McKenna 87.45 W.C. Buc~ ...... ~ ~125.00: W.J.Purcell S.O0 N.J.Portlance V.50 K. Stemen 35.50 Central Lbr. Co. 37.07 Frank N. Foster 75; D.A.Kramer Clyde Johnson ~.50 Armstrong Trsf~.'~,O0 C.Smith ~ 4.00 Col. Nat l Bank~70.O0 Mr. 0ttem ~ 7.7§ Irene Carmody ~30.00 Ivan Ealy ~72.00 Dawson & Robinson 35.46 Chas. Krabbie 35.00 Art.. McCallum 20.00 W.S.Nott Co. 7.50 Ben Jenson 40.00 Adolph Nyman 69.00 Board of Educatfonl7.50 T.W. Rosholt Co. 21.41 Beeman Tractor Co ..50 Col. Hghts Record 39.8~ Frank N. Foster 7.50 Ed Webbe~ J. Casserly Voss Hdwe. Leonard Schedin Carrie S. Piper Col. Nat. Bank 2.~1 Miller-Davis Co. .90 Bergsland Motor Co. 1.5~ Gust Seaberg 6.00 Waterous Co. ~.15 A.E. Sunberg 4.42 38.50 John Person ~2.5( 12.C0 City of ~pls. /2.5( 12,45 J. McCallum ~231.0C 56.00 Wltte Auto Rod 8.2~. Company ~55.6( B.O.Iverson Stewart Spec.Co.g9'3~ Poucher P~g. Co.~4.9~ Standard Oil C .~6.2~ NWBell Tel. CoO 46.1( Resolution offered by Stinson, seconded by Dahl, that the bills be allowed. Passed by unanimous Roll Call vote. Motion by Stinson, seconded by Gannon, that Mr. McKenna take out an assuri~ bond for $5000. All ayes. Motion by Stinson, seconded by Gannon, to release Mr. Buck's bond. After some discussion, Mr. Stinson withdrew his motion. Mr. Karrow requested an inventory. Resolution by Stinson, seconded by Dahl, that Mr. McKenna have the Public Ex&miner come in an examine the books of the City. All ayes. Applications for/~ricenses. Motion by Dahl, seconded by Gannon, that the licenses be granted. All ayes. Letter read from Mrs. H.A. Trucker as follows: Jan. 14th. To the Honorable City Council. Gentlemen: On the 8th day of January ~ere was filed with me as City Clerk, a petition for the recall of the entire present'City Council. Abiding by the City Charter i immedia tely started the checking of said petition with the official polling list for qualified electors and found the petition sufficient. The City Att'ny then called at the City Office and asked to see the recall petition. The C~y Att'ny then verbally told me that the petition should be checked agai the 1929 polling list only. ~k~~~w~ix I then asked the City Att'ny to give me that in writing to file, which he did, a copy of his letter is herewith attached. After re ceiving his letter, I checked the petition against ~ the 1929 polling lis only and found it insufficient. I then notified the recall committee that the petition was insufficient and said committee on the 13th day of January filed additional signature papers, the question arose as to the time in which the petition should be finally checked, t~r. Buck's opinion was to wait ten (10) days before checking the additional signatures papers. On looking over the amended petitions, i readily saw there were ~su~icient signatures of quali- fied electors of the 1929 polling list. i thereupon thought that owing to theinterest of the city at large in a petition of this kind, I should get it to the Council as soon as possible and thereupon checked it and found it sufficient in the following~ Foster H.W.Karrow 306; C.W.Dahl Z0~. Tours very truly, Hazel A. Trucker. Notion by Karrow, seconded~by Dahl, to place the communication from ~e City Clerk on file. Roll Call'- Dahl and Karrow yes; Gannon Stinson, Foster No. ~otion lost. ~r. 0ssanna's letter was as follows: Hazel A. Trucker, Clerk. Dear ~adam: I have been requested to-give a legal opinion with respect to the legality of a ~ertain petition for recall of the officials of the council of Coluz~ia Heights, Which petitions have been file~ recently with you. After an examination of' the petition to see whether~or not they conform to the requirements of the City Charte we beg to advise as follows: First, we notice that the peitions call for the re- call of all of the members of the City Council. We believe that the petitions are irregular in t~s respect in view of the fact thin,there is no provision in the charter for a multiple recall. All of the references made in Sec. ~7 and ~8 of the charter concern the recall of any official but not more than one, and cer- tainly not all of the officials. Because of the ~anner and term of office pro- Vided in the charter, the recall to remove the entire council might result in a violation of the provisions of the charter, ~ecause it w~ld destroy the continu- ity of the City's Government. Then, in the event that a separate recall elect must be held for each officer, according the ordinance recently passed, a ~800. deposit would be required for each separate recall election. The char~ further provides that a petition must be signed by B~ of the total number of electors who cast their votes at the last preceding municipal election, this to be interpreted literally, and the names on the petition should be checked against the 192~ regular election roll. Unless you find that the petitions are free in all respects from the criticisms pointed out, you are to notify one or more mem- bers of t~ committee of the insufficiency or irregularity pointed out above. Un- less the petition is free from such irregularity or is insufficient in any re- spect, you are not required to certify the same to the City Council. Very truly yours, Fred A. 0ssanna City Attorney. Eec'd 10th of ganuary l~00. ~otion by Gannon, seconded by Stinson, that the co~wmu~nication from the City Attny be placed on file. Roll Call- Dahl yes, Gannon yes, Stinson, yes. Karrow no, ~~ Carried. ~otion by Stinson, seconded by Gannon, to request the City's Attorney's opinion in regard to the legality of the certification as submitted by Hazel A. Trucker. Roll Call. - Dahl no, Gannon yes, Stinson yes, Karrow no. Foster yes. Carried. Resolution by Karrow, seconded by Dahl, that the Council submit the City Attorn- eys opinion to the Attorney General for his opinion. Roll call - Dah l yes, Gannon no, Stinson no, Karrow yes. Foster no. Resolution lost. Resolution by Stinson, seconded by Gannon, that the City Attorney be instruc- ted to close the deal with Field and Tappan and issue a check in their favor. Passed by unanimous roll call vote. Resolution by Karrow , seconded by Gannon, that the City Clerk be authorized to negotiate with the Columbia National Bank for $~000. worth of certificates of indebtedness with interest at 8~. Passed by unanimous roll call vote. 231 Motion by Karrow to set the Recall Election date, same to be held on the First day of March, 1930, also that the polls be open from 9 A.~!. to 9 P.M. Seconded by DabS. Roll call - Dahl yes, Gannon no, Stinson no, Karrow yes, Foster no. Motion lost. Motion by Gannon, seconded by Stinson to adjourn. Secretary?to the Council