CHM 03/19/1974 •
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CHARTER COMMISSION
March 19, 1974
MEMBERS PRESENT: Ray Sheridan, Elaine Knoff, Peg McChesney, Robert O'Neill,
._._ Roy McPherson, Jackie Johnson, Herb Bacon, Ole Bjerkesett,
Harry Crowder, Clifford Ash, and Jerry Ratcliffe
MEMBERS ABSENT: Donald Wegler, Francis Casey, Edythe Collins, and
Jack Kirkham
OLe Bjerkesett opened the meeting at 7:35 p.m. on March 19, 19 A .
The Commission discussed the various points Virgil Herrick had brought
up at the last meeting. To set up their own legal department, the minimum
salary to pay an attorney would be around $25,000 a year and the salary
range for a second attorney would be around $15,000 a year. The library
space of 1000 feet would cost $5,000 to $10,000 to set up.
Jackie Johnson said she had received a letter from the Coon Rapids City
Manager, Mr. Cotti_n.gham, concerning her request for information on their
City Attorney. (See attached). A letter of thanks would be acknowledged
from the Charter Commission to the City of Coon Rapids and Bloomington
for their cooperation in obtaining the information.
REPORT FROM COMMITTEES
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MOTION was made by Cliff Ash that they recommend deletion of Section 4.03,
Primary Elections. The change would read: "Primary Election. On the,.
first Tuesday after the second Monday of each September there shall be
a primary election for the selection of two nominees for each elective
office at the regular municipal election, unless only two nominees file
for each elective office." This would be passed on to the City Countil
to act upon so they can get this section in order prior to the next general
election. Jackie Johnson seconded the motion. Upon a roll call vote,
the motion carried unanimously. A copy of the change would be sent to
the Council recommending the,adoption of the change on a unanimous vote
and to Mr. Herrick, requesting that he communicate to the Council for
the necessary legal wording. (See attached).
DISCUSSION WITH MAYOR AND CITY COUNCIL
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The Mayor and City Council were present at the meeting to speak on their
individual concerns of the Charter. Mayor Frank Liebl addressed the
Charter Commission, and commended them for the work they were accomplishing.
. He said they were amending the Bible of the Council for the best interest
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n • of the citizens in Fridley in regards to the procedure which binds the
Council on their action. He said a few changes should be made in the
Charter. He talked about Chapter 6, Administration. He said that the
Council must have an attorney who will work with them. He had some
• reservations concerning an attorney that 3s appointed by the City Manager.
Page 2
He strongly emphasized that the 4/5 vote in respect to financing should
remain the same, _and that the Commission review the requirements of a
referendum.
Clifford Ash said in reading through the Charter, he did not see any
protection if a single person is on the Council. Would he have the
power to initiate any investigation? He suggested maybe this was something
they should look into. Mr. Bjerkesett said throughout the Charter, it
refers to "The Council" but never as the Councilman as an individual.
90% of the time the Council probably would agree, but if for some reason
they didn't, it might cause some problems.
' Mayor Liebl suggested that they set up some type of criteria for the
salary of the Mayor and the Councilmen. He said it was a difficult
thing for them to do, they should not be in the position of setting their
own salary.
Mr. Utter said there were a few things he wanted to bring out. He discussed
Section 6.01, The City Manager. He said there might be some conflicting
statements. He mentioned the current contract with the City Manager.
In some cases he felt a City Manager was given too much power. He talked
about Section 6.05, Purchases and Contracts. It stated that the City
Manager shall be the chief purchasing agent of the City. He indicated
that the City does have a separate purchasing agent.
Mr. Nee said most of his concerns were in the letter he had sent. He said
the City Attorney section had always '.pothered him because of the political
problems with it. His preference was that the City Attorney be a staff
man. Unless they prepared to pay quite well, a novice attorney can cost
an excess of money. He said it was not a major consideration whether a
staff man will save money- ' Competency would be a main consideration.
Mr. Breider said his greatest interest was under the City Attorney section.
He agreed with Mr. Nee and felt that the City Attorney's position should
be a part of the staff, rather than a function of the City Council.
He said when you review the City Attorney's position, you have to talk
about it in the context of municipal affairs, and City prosecutor, as it
relates to the City. He felt that the people in the best judgement on
an individual's performance are the people who work with them. He noted
that the Charter Commission had investigated the in-house concept vs.
the law-firm route. He felt an in-house attorney should have two attorneys.
They have a present contract with the attorneys now, and the prosecutor is
spending as much time as the City Attorney is on municipal affairs. It
would be impossible for one attorney to handle both of these situations.
You have to take into consideration updating the law library, secretarial
services, and expertees. The in-house situation would evolve into a
much higher cost.
Mr. Starwalt said he had not found any areas in the Charter that were
n problem areas. He discussed the situation on the primary, whether a
primary should be forced if more than three persons file. IIe said he was
in that position at one time. He had no quarrel with the way the Charter
is presently written. Concerning the section on the City Attorney, he
agreed with Mr. Breider on the aspect of a staff individual.
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Mr. Bjerkesett thanked all the Councilmen for their comments and told
the members of the Commission to present any questions they might have.
Mr. McPherson asked. if the staff man would be appointed or hired by the
City Manager. Mr. Starwalt indicated that he could be appointed by the
City Manager and be a part of the City staff.
Mr. Nee said a problem usually arises from the point that the Charter
says, "The City Council shall appoint." Mr. Nee said the Charter could
remain the same o: move the appointment of the Attorney away from the
Council and under the. Manager.
The Commission and Councilmen discussed the various wards throughout
the City. Clifford Ash suggested dividing them up greater, increasing
the size. Mr. Nee said there was one advantage to having it the way
it is now. He said the citizens can get in touch with three out of
five. He saw no problem with the present situation. Mr. Ash said the
Mayor had indicated Fridley's population might grow to 45,000 people.
Could the job be done then? A consideration of a change should maybe
be made. Mr. Starwalt did not think there should be any changes at
this time. Mr. Utter said the more people you have the more chances
there are of disagreement. He said 99% of the time they work together
real well. Mr. Sheridan felt that as the City becomes more developed,
the problems will be diminishing.
Mr. Bjerkesett said going over the suggestions they had received from
the Administration and Council members there were a number of suggestions
to strengthen the position of the Administration. He asked if there was
any conflict in any area beteen the Administration and elected officials
as to where the power might be. Mr. Nee felt the Administration should
have more power. Mr. Sheridan felt that the Council should be relieved
of the obligation of appointing legal counsel and put it on a staff
level with the approval of the Council.
The members discussed the referendum requirements with the Council.
Mr. Ash said the Mayor had indicated a possible change. Mr. Ash's inter-
pretation was that it should be increased and he asked for input on this.
Mr. Starwalt felt there should be no change. He did not think 15% was
an impossible situation.
The Commission further discussed the section on a primary. The recommendation
had been made to have two persons file for a primary. •
The Commission expressed their appreciation to the Mayor and City Council
members for attending the meeting.
ADJOURNMENT
MOTION was made by Clifford Ash to adjourn the meeting. Seconded by
Jackie Johnson, The meeting adjourned at 9:50 p.m. The next meeting is
• April 16.
Respectfully submitted,
S ielley Morrison
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February 14, 1974
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Mrs. Jackie Johnson
1415 Tr_ollhagen Drive
Minneapolis, Minnesota 55421
Dear Mrs. Johnson:
Enclosed is a copy of the Home Rule Charter for the City of
Bloomington. Also enclosed are the 1974 line item budgets for
the various activities that make up our legal department.
The City Attorney is appointed by the City Manager with approval
of the City Council. The various staff attorneys are employed
as any other employee of the City, through the Personnel Dept. •
If you have further questions, please contact me again and I
will be happy to assist in any way possible.
Sincerely,
CITY OF BLOOMINGTON
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Duane C. Shuck
Director of Finance
Enclosures
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THE CITY OF COON RAPIDS
1213 COON Ht,PIDE HOU: E.VARD
COON HAHOS, M!NNLSOTA 55433
612 755-2880
' February 21 , 1974
Mrs. Jackie Johnson
1415 Trolhagen Drive N .E .
Fridley, Minnesota 55421
Dear Mrs. Johnson:
Several days ago my secretary informed me of your phone call asking
about information on our City Attorney; please accept my apology for
• not responding sooner.
Prior to my appointment as City Manager here in 1969, the City Council
had given consideration to establishing the City Attorney's position as a
full-time city employee in 1968. Because of an interim period between
(.,� my predecessor's leaving and my appointment a full-time employee was not
actually hired until 1970.
The primary reason for the decision to change from a consultant firm of
attorneys to a full-time city employee was largely financial and being
readily available . The consulting law firm had previously been paid on
an hourly basis, and in 1968 legal services cost the City $22,541 and in
1969 cost $44,556. In addition to this relatively high cost, staff and
Councilmen frequently encountered the difficulty of the private attorney
not being available and the necessity for returning phone calls, etc.
By comparison, the legal expenses in 1970 dropped to $30,046 which was
the year of conversion from the consultant to a full-time employee . In
1971 the expenses were $25,288 and increased in 1972 to $36,583 at which
time a full-time assistant attorney was also appointed . Since then the
attorneys have been backed up with a full-time secretary and part-time
law clerk to do research work so that the estimated expenses in 1973
are $48,839, and the 1974 Budget provides for a total of $54,900. Although
. these expenses are now greater then the last years of having a private
law firm, I suspect that the hourly rates that private firms are now charging
have increased materially since 1969.
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Mrs. Jackie Johnson -2- February 21 , 1974
In addition, there is no question that the City's level of legal services
has materially unproved becarrse of having a full-time employee readily
available for consultation. This has been especially helpful in pre-trial
• prosecutions. This is demonstrated and supported by the fact that only
$9,871 was received in municipal court fines in 1969, compared to $16,641
in 1971 , $20,425 in 1972, an estimated $27,000 in 1973, and a projected
$30,000 in 1974.
was
The initial cost of establishing a law library in 1970/$2,472. Additional
books were added in 1971 and 1972 at an approximate cost of an additional
$500 in each year. Maintenance of the library in the form of periodicals,
updates, court decisions, etc. cost approximately $500 per year.
With respect to salaries, the City Attorney receives $21 ,000 per year,
the Assistant City Attorney receives $15,000 per year and the Secretary
receives $690 per month. In addition, law clerks are hired on an hourly
basis at $4.00 per hour.
The City Attorney •is considered to be the head of an administrative depart-
ment, and thus by City Charter he is appointed by the City Manager the
same as any other Department Head. The precise language supporting this
is covered in Section 1 -600 and a copy is attached for your information.
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One factor which I believe you should keep in mind in making a decision
in Fridley is the comparative differences in the stage of development and
workload upon the City Attorney. Fridley is much more developed than
Coon Rapids, and perhaps does not have the workload which we do. Because
of our developing status there are enumerable special assessment projects
which entail the acquisition of easements,condemnation proceedings, bond
issues, etc. Each of these require a great deal of time on the part of
the City Attorney and his Assistant which might not be applicable in your •
situation. I should also point, out that because of the manner in which our
City's accounting is handled with respect to special assessments, that the
total costs referred to above are partially offset to the extent that their
costs can be attributable to a particular special assessment project and are
thus included in the amounts to be assessed against benefitting properties in a
particular project.
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If you have any further questions on this matter please feel free to phone
me directly. •
Very truly yours,
l
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J. K. Cottingham
City Manager •
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Revised: March, 1974
SOURCES OF ASSISTANCE TO
e CHARTER COMMISSIONS
Contents
1. The furnishing of charter information.
2. Consultation with charter commissions.
3. Review of charter draft.
4. Library loan of Minnesota and other home
rule charters.
5. National Municipal League.
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