CHM 06/19/1973 -
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CHARTER COMMISSION MEETING
June 19 , 1973
The meeting opened at 7 :45 p .m.
ROLL CALL :
MEMBERS PRESENT: Sheridan, Bjerkesett, Knoff, O'Neill , Bacon,
McChesney, Johnson, Collins , and McPherson.
MEMBERS ABSENT: Ratcliff, Kirkham, Crowder, Casey, and Wegler.
Mrs . Collins said that she thought Cliff Ash was appointed to the
Commission. (I checked into this with the City Manager ' s office ,
they said the Council requested Judge Gillespie to appoint Cliff
Ash, however, they have not yet heard an official word from the
Judge . )
Mr. Sheridan said that the Commission has not heard of any comments
or suggestions from the legal department, the Council , or the
administration. He said he met with Mr. Davis and they discussed
a few things that were on his mind. He said he would put them in
writing and give them to the Commission.
Mr. Sheridan said they did receive something from the League of
Women Voters . The particular section they were referring to that
could be looked into was the attorney section. Mr. Sheridan said
he would get in touch with Mr. Herrick, the City Attorney, and
Mr. Newquist, the Prosecuting Attorney.
He said the National Model Charter Section 403 states that the legal
• officer of the City be appointed by the City Manager and the
Fridley Charter states that the Council should appoint the legal
officer.
The League studied this and found out that often City Manager ' s
appoint the legal officer with the Council ' s approval . Whether
selected by the manager or by the manager with the Council ' s
approval , the office of the City Attorney is less political . The
change over in power structure of the City Council can result in
the ever revolving change of attorney. This turnover is costly
and can be detrimental to the political process .
Mr . Sheridan said it may also be the Charter Commission' s recom-
mendation for the Administration to look seriously into the
possibility of setting up its own legal department .
Mrs . Knoff asked what the League meant when they said it is costly
to change law firms .
CHARTER COMMISSION MEETING OF JUNE 19, 1973 PAGE 2
Mr. Sheridan said in any change over period there are going to be
things that a present firm in office would have files hanging on
and work done on them that would have to be duplicated or turned
over to the new firm.
Mr. Bjerkesett asked if they were suggesting that these things be
locked in with the Charter?
Mr. Sheridan said they were suggesting these things be reviewed.
Mr. Sheridan said he ran into the City Assessor in the hall and
the Assessor gave Mr. Sheridan a memorandum that they had pre-
pared for the Commission. The subject was the Board of Equaliza-
tion meeting .
Mr. Bjerkesett said he had nothing to add. He said we have waited
the time we were supposed to wait for suggestions to come in be-
fore setting up the committees , and we haven' t received anything.
Mr. O'Neill said he had talked with Councilman , Utter a couple of
months ago and Councilman Utter said that he and some of the other
Councilmen had some possible suggestions for changes that the
Charter may want to review. Mr . Sheridan said that this could be
because of the attitude of the Administration. He said we could
address a letter to each of them personally to ask their input .
He said they should have their comments in by August 1 .
Mr. Sheridan asked if the Commission should set out the chapters
that should be grouped together. The members of the Commission
that are not here could select the groups they want .
Mr. McPherson suggested adding something on revenue sharing to
a chapter. Mr. Sheridan said that it could be worked into chapter
7 on Finance .
The chapters were grouped the following way :
A. Chapters 1 , 2 , E 3 - jack kir<< 1naw , Ra .c\ .Ut
B. Chapters 4 & 5 - Bjerkesett, Collins �, C.�t {-� As V1
C. Chapters 6 & 7 - Johnson, McPherson, C,(O wU er
D. Chapters 8 , 9 , & 10 O'Neill , Bacon, Knoff
E. Chapters 11 , 12 - - Chesney
Mr. Sheridan said that perhaps Mr. Kirkham would be an asset to
group A. Mr . McPherson said that Mr. Crowder may have some inter-
est on Chapter 7 .
CHARTER COMMISSION MEETING OF JUNE 19 , 1973 PAGE 3
Mr. Sheridan said perhaps all absent members should get in touch
with him regarding which chapter they would like to work an.
Mr. Sheridan said that if no one indicates that they prefer a
certain group , and some groups do not have any one on them, he
will request that person to work on it.
COMMUNICATIONS :
The Commission received communications from the City Assessor and
from the League of Women Voters .
The next meeting will be September 18 , 1973 .
ADJOURN :
MOTION to adjourn the meeting at 8 :40 p .m. by Mr. O'Neill . Seconded
by Mr. Bjerkesett. The motion carried unanimously.
Respectfully submitted :
a dy„
CAv I, MA
Recording Secretary
�-. MEMO TO: Fridley City Charter Commission
FROM: Fridley City Assessor
SUBJECT: Notice of Board of Equalization Meeting
DATE: • May 2, 1973
Attached hereto is a photo-copy of the Minnesota State Statutes pertaining
to conduct and notice of Boards of Review or Equalization. Our present charter,
Chapter 7.03 provides for a public notice of such meeting, at least 15 days
prior to meeting. The Statutes provide for 10 days.
The question is : would the Commission wish to have Charter coincide with the
State Statutes? There have been no problems experienced in regard to this to
date, except that every year we have a meeting our office and the clerk must
review both laws to remember which is which. It seems this could, however,
lead to possible question by the general public at some time in the future.
• 274.01 REVIEW OF ASSESSMENTS 3052
n • •
CHAPTER 274
ASSESSMENTS; REVIEW, CORRECTION, EQUALIZATION
See. • sew
714.01 Board of review 274.11 Taxes a lien on property in examinees list
274.013 Board of equalization,compensation. 274.12 Duties of auditor and assessors
274.03 Notice of meeting I 274.13 County board of equalization
1 • 274.04 Assessor's return to auditor 274.14 Length of session; record
274.05 Auditor's certificate; where flied 274.15 Cnmrensstion of board '
274.07 List by person sick or absent I 274.16 Corrected lists,abstracts •
274.08 Correction of books 274 17 Record; abstract to county auditors
274.09 Correction of false lists and returns 274.18 Abstract of realty assessment roll to town l
274.10 Property omitted or undervalued clerks i
274.01 BOARD OF REVIEW. The town board of each town, the council or
other governing body of each village, borough, and city, except in cities whose
charters provide for a board of equalization, shall be a board of review. The
i i county assessor shall fix a day when each of such boards and the board of equal-
, ization of any city whose charter provides for a board of equalization shall meet
in the several assessment districts of the county, and shall on or before April first
of each year give written notice thereof to the clerk. Such meetings notwithstand-
ing the provisions of any charter to the contrary shall be held between May 1st
and June 30th in each year, and the clerk•shall give published and posted notice of
such meeting at least ten clays prior to the date fixed. Such board shall meet at the
office of the clerk to review the assessment of proper ty in such town or district, '
and immediately proceed to examine and see that all taxable property in the town
or district has been properly placed upon the list, and duly valued by the assessor.
In case any property, real or personal shall have been omitted, the board shall •
place it upon the list with its true value, and correct the assessment so that each
t tract or lot of real property, and each article, parcel, or class of personal property,
shall be entered on the assessment list at its full and true value; but no assess- -
ment of the property of any person shall be raised until he has been duly notified of
- the intent of the board so to do. On application of any person feeling aggrieved,
the board shall review the assessment,and correct it as shall appear just. A ma-
jority of the members may act at such meeting, and adjourn from day to day until
they finish the hearing of all cases presented. The assessor shall attend, with his
assessment books and papers, and take part in the proceedings, but shall not vote.
• The county assessor, or an assistant, delegated by him shall attend such meetings.
The board shall list separately, on a form appended to the assessment book, all
. omitted property added to the list by the board and all items of property increased ,
or decreased, with the full and true value of each item of property, added or
changed by the board, placed opposite such item. The county assessor shall enter
all changes made by the board in the assessment book.
. The board of review, and the board of equalization of any city, shall complete
its work and adjourn within 20 days from the time of convening specified in the
notice of the clerk and no action taken subsequent to such date shall be valid.
All .complaints in reference to any assessment made after the meeting of such
board, shall be heard and determined by the county board of equalization. Any
non-resident may, at any time, before the meeting of the board of review file
• written objections to his assessment with the county assessor and if any such
objections are filed they shall be presented to the board of review at its meeting by
the county assessor for its consideration. ,
274.013 BOARI) OF EQUALIZATION, COMPENSATION. The governing body
of any city of the fourth class operating under a home rule charter which provides
- for a board of equalization but which does not provide for compensation to the
members of such board separate from other compensation to them as city officials
may, in its discretion, by resolution, determine the compensation to be paid to
the members of the board of equalization but such compensation shall not exceed
S6 a day nor $72 a year.
•• [1951c59s11
27.4.02 [Repealed, 1949 c 543 s 21 ,
t'- 271.03 NOTICE OF MEETING. The clerk shall give at least ten days' posted
It notice of the time and place of the meeting of the board of review; but the failure
to give such notice or hold such meeting siiall not vitiate any assessment, except
as to the excess over the full and true value of the property.
1 k" [R. L. s. 839: 191,1 c. :,02 ;s. 21 (2n. ) .
f' .
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LEAGUE OF WOMEN VOTERS OF FRIDLEY
FRIDLEY, MINNESOTA
rs May 31 , 1973
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Fridley Charter Commission
Fridley City Hall
6431 University Ave. NE
Fridley, Minn. .
Mr. Ray Sheridan, Chairman
. Dear Mr. Sheridan;
In as much as the Charter Commission has indicated that city organizations .
wishing to do so make suggestions in regard to the City Charter, the Fridley
League of Women Voters would like to make the following comments. Although
the LWV has no position on the possible changes which may be desireable in the
Fridley City Charter, we have studied it, especially in respect to the city
attorney. We are concerned with the following areas because the LWV supports
informed and active citizen participation in government.
I In the National municipal League's Model Eity Charter a City Council of
seven members is suggested. Since there has been a great increase in
population since the origonal Fridley Cnerter was written we suggest that
an increase in council size be looked into. Perhaps smaller voter districts
1 would result in better constituent representation. Ward lines should he
drawn with this in mind.
II In the Fridley Charter, Ch•-:pter 2, section 2.05 VACANCIES IN THE GUUNCIL
there is no time limit set for fillinn the vacancy. " c uld like to
uggest that the Nation..' "ur:icipal League's Model :i`,y Charter be followed
in that the v`,c, ncy "must be filled within C2 dys or the election author-
ities shall call a special election for this purpose."
III In Fridley's Charter, section 3.01 COUNCIL MIEETINGS it is stated that "all
meetings of the council shall be public and any person shall have access
to the minutes and records thereof at all reasonable times." Since state
law forbids executive sessions it would seem that this section could be
strengthened.
IV The focus of our League inquiry concerning the City Charter to date has
been on the legal officer of the city. The model charter in section 4.03
• states that the "legal officer of the city be appointed by the city manager."
Fridley's charter states that the council shall appoint the legal officer.
In our study we found that often city manaoers appoint the city attorney
with approval of the council. Whether selected by the manager or by the
manager with council approval, the office of city attorney is less political.
The change in power structure of the City Council can result in the ever
revolving change of attorney. This turn-over is costly and can be detri.
--ntal to the political process.
■
Affiliated with the
League.of Women Voters of the U.S.
•
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LEAGUE OF WOMEN VOTERS OF FRIDLEY
FRIDLEY, MINNESOTA
•
V We would like to point out several items worthy of. concideration in
Chapter 5 of the Fridley Charter INITIATIVE, REFERENDUM, AND RECAL,.. In
section 5.02 there is a limit of X50 placed on the expenditure of petitioners.
In the Model City Charter there is none. Why is this necessary? In the
recent referendum this burden was placed on petitioners, but no equal re-
striction in money spent was placed on those fighting the referendum.
A section in the model charter describing the withdrawal of petitions is
missing in Fridley's Charter. Should not the petitioners be able to with-
draw the petition if they should change their minds?
Fridley requires 10% of registered voters on petition for initiative and 150 •
on referendum with a special election to be called if the initiative
petition has 15% of the voters. Why is a special election needed in this
case?
A weakness of the provision for referendum petitions appears to some LWV
.members as a weakness of omission. There seems to be a need of clarification
in some areas. Enclosed with this letter, is a letter from Mr. Richard S.
Childs, executive director of the National Municipal League, which our local
government committee members last year felt was as well stated a case for
absolute clarity in the charter with regard to this most fundamental
") citizen right as any we could have written. It does not condone circulator
error, but at the same time points out problems that occur when a strict
interpretation of an insufficiently clear charter mandate is made.
As our local government committee and LWV members further study the
City Charter, we anticipate that we will have further comments to make in
regard to the Fridley City Charter.
•
Very truly yours, n n
C�cJ�..xw
Mrs. Robert Schell
President, Fridley League of Women
Voters
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L L-- G v:hr �61-t
F'
Mrs.,.Wilbur Whitmore
Chairman Local Government Committee
Affiliated with the •
League of Women Votes of the U.S.
•
-s • - ' PRESIDENT A Citizens' Organization for Better Government
William W.Scranton Founded 1894 • Incorporated 1923
VICE PRESIDENTS
•
Frank E.Curley.New York
James R.Enos Seattle N/ r m P!� /� r1 1s+� t^^�a
Robert H.Rawson,Cleveland { t ' f a �1 1 1 1 - 1 ' 7•Earl Sneed.Oklahoma City 1 I 1-1 i I f i 1` 1 { I ' 1, ' ,.•Wayne E.Thompson,Minneapolis 1 t 1 1 • I - 1' I { 1 ; I rte. t. i '-1. '2•Wilson W.Wyatt,Louisville i 1 i I i;' 1 r • I ' ;, .I ' , 1
Lj.r U L�..-..,4 z.� >~i a k i J Li i,J., ltd Li. L;LAil L.e.;4 N. ..� •
Carl H.Pforzhei:ner,Jr,Treasurer
Alfred E.Driscoll,Chairman. Carl H. Pforzheimer Building, 47 East 68th Street, New York, N. Y. 10021
Executive Committee
Richard S.Childs,Hon.Chairman....... Telephone: (212) 535-5700 March 16
Executive Committee 16, 19/2
•
REGIONAL VICE PRESIDENTS
Lester L.Bales,Columbia.S C. Mrs. Barbara Hughes, President 4.
Jack H.Chambers,Jacksonville
Jac ChambI,ss.Chattanooga League of Women Voters
.1.J.Davidson.Lafayette.La.
Edwin D.Dodd,Toledo 548 Rice Creek Terrace
Robert G.Dodge.Honolulu
Horace H.Edwards.Richmond Fridley, Minnesota
T.Scott Fillebrown,Jr.,Nashviae
James E.F,tzmcrr,s,Jr.,New Orleans
Dwight W Follett,Chicago
'Richard W.Freeman,Jr..••.w Orleans Dear Mrs. Hughes
Bayard H Friedman,Fort Worth
Stephen K.Galoin,New York
Milton H.Graham.Phoenix
Shelby F.Harper,Denver I scan Y our bulletins and note in your March issue of the
Fred A.Herrington,Lincoln
Frank A.Hoke,Dallas Voter an item which I find interesting, namely, the invalidation of
Alexander S.Lacy.Birmingham g, name y,
Mills B.Lane.Jr..Atlanta a voters ' petition on the ground that it includes illegitimate sig-
Howard A.Moreen,Har9;rd
Clint Pace,Cinc:nnati natures, even if it does include the necessary minimum number. Now
Richard H.Pezke,Jr.,Pitlshu•th
Russell W.Peterson,Dover,Del. I have been familiar with petitions in law and in courts and in uni-
Thomas R.Reid,Dearborn Micn
Ernest P.Schumacher,Memphis versal practice all over the country ever since such petitions became
James A.Singer,St.Louis
Herbert W.Starick,Dayton a familiar part of local governments, and you may use my testimony,
Richard F.Treadway,Boston
H.Vaughan Watkins.Jackson,Miss. if you need it, that I have never before heard of a petition which
John F.Wallington.Jr.,Winston-Salem
Elkins Wetherill,Philadelf.hia qualified according to the law as to sufficiency being invalidated by
Rudie Wilhelm.Jr.,Portland.Ore
Winston W.Wynne,Coral Gables the election authorities or the courts because it included some
COUNCIL signatures also that did not comply. Petitions have to be scrutinized
George H.Gallup,Princeton,Chairman
John Anderson.Jr.,Olathe.Kan. to weed out the illegitimate ones, and it must be a very rare petition,
Robert B.Atwood,Anchorane
Leo B.Babich,Los Angeles in view of the great numbers of signatures required, which does not
Theodore M.Berry,Cincinnati
Thomas W.Burford.Indianapolis include illegitimate signatures put there partly by persons who are
�, Earl Blumenauer,Portland.Ore. P p y y p
Mrs.Fred L.Bradfute,Boca Raton innocently unaware of the legal limitations. Neither voters nor the
J.L.Brownlee,Fort Worth
James W.Callison.Des Moines circulators of petitions can be expected to be lawyers with full
Alan K.Campbell.Syracuse
Frank S.Cheatham,Jr,Savannah knowledge of the details of the applicable laws and there is a further
LeRoy Collins,Tallahassee t'I'
Don L.Crawford,Dayton hazard that, if illegitimate signatures could invalidate petitions ,
Harold W.Dodds,Princeton
Roy P.Drachmao,Tucson the opposition among the voters could contrive to get them there for
Mrs.Maurice R.Eastin.Fripp Island.S.C.
Daniel J.Evans.Olympia the very purpose of invoking the technicality to upset the effort.
John Fischer,Guilford.Conn. invoking
Robert P.Fitzgerald,Boston
Curtiss E.Frank,New York
Barry M.Goldwater.Phoenix Of course, the current decision may have teen made in honesty
William T.Gossett,Detroit
F.A.Harrington.Worcester and good faith--I do not know. But I will appreciate it if you will.
James L.Herlandt Jr.,.M.,nneaoeke
Lawrence Howe,Chicago report with newspaper clippings or letter, any further installments
F.William Human.Jr.St Louis
.._tlu uJi.Hutnphtty..JElrreap>ts of the story as I have it now in your bulletin.
Barbara Jordan.Hoesfon
John H.Kelly,M,Iwauree
Charlotte R.Kemble.New York
Carroll Ladt,Washington,D C The definition of valid petitions to initiate public measures
John S Linen.Men:ram.N J.
Charles E.McCali,r.Crane.R-c,ds is a part of our Model Cite Charter and Model Election Law procedure,-
Donnelly McDonald.Fort Wayne
George a L.McGonig le.Houston in language that could not thus be misconstrued, I hope; and the
. Cecil Morgan,New Orleans
VernonC Myers.New York appearance of even the single precedent that you are reporting is of
James M.Osborn,New Haven
Roy H.Owsley.Louisvdle national interest in our field.
William T.Patrick.Jr.New York
C.Victor Raiser,II,Buffalo •
Robert 8. Rnel.New York
Harvey C.Russell,New York Yours v truly,
Terry Sanford.Durham,N.C. /l
Murray Seasonnood.Cincinnati
Adroit/
�10i1�'�` 4
Frank P,Sebree.Kansas City,Mo. / 'fir,
Harold S.Shefelman.Seattle y'" ti
Frank P.&meal,New York
Mrs"Robert J.Stuart,Spokane
Edward C.Sullivan,San Antonio Ri and S. Childs
Gus Ty,er,New York
Cecil H.Underwood.Huntington.VI Va.
Dewey R Villareal.Jr,Tampa
John P.Wheeler,Jr.,Hollins College.Va. RSC/mp
•• Fay H.Williams. Ind•ana;.nhs
Robert C.Wood,Cambridge
Robert M.Wood,Atlanta
William N.Cassella.Jr.Executive Director •
William J 0 Boyd.Assistant Director
Gerald N Hardy.Assistant Director
Stella Foreman,Executive Assistant
William G.Andersen.Jr.,Senior Associate /�!�
Joan A.Casey,Managing Review
t \ /'"
National Civic Renew
Alfred Wdloughty.Consultant -
Frank P.Grad,Counsel 78th National Conference on Government
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