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CHM 05/21/1974 . n CHARTER COMMISSION • May 21, 1974 • MEMBERS PRESENT: Ray Sheridan, Cliff Ash, Ole Bjerkesett, Herbert Bacon, Peg McCesney, Donald Wegler, Edythe Collins, Roy McPherson, Elaine Knoff, and Harry Crowder. MEMBERS ABSENT: Jack Kirkham, Robert O'Neill, Jackie Johnson, Francis Casey, and Jerry Ratcliffe Chairman Sheridan opened the meeting at 7:45 p.m. ACCEPTANCE OF MINUTES Mr. Bacon made a motion that the April 16 minutes be accepted. Seconded by Ole Bjerkesett. Upon a voice vote, the motion carried unanimously. REPORT FROM OFFICERS Mr. Sheridan said he had contacted Mr. Qureshi after the last meeting in regards to the discussion where the Commission was trying to set up a schedule for getting everything together for the Council and City officials that have to go at the general election they may have to be voted upon. A letter was sent to Mr. Sheridan from the City Manager on May 9 which he set out two dates, the r'1 date 7 of August was set for all the necessary information to be sent to the City Council for ample time for review and for the City staff to have enough time to prepare the necessary data to meet the legal requirements for the election. The County Auditor needs to know by September 16 how many items will be included in the election and the contents of these items. The Council will require at least a couple of weeks to review the Charter Commission's recommendations. The regular Council meetings are August 19 and September 9, so the City staff would appreciate the week of September 7 to the 14th to review the material and prepare supplemental data for the Council. Mr. Sheridan felt there would be no problem in meeting those dates. He said this in in regards to items that the Commission feels are necessary. to put on the ballot for the November 5 election. REPORT FROM COMMITTEES . Mr. Bjerkesett pointed out that the recommendation to make a change in the requirements for a primary have been tabled by the Council. He said it was probably their intention to receive all the changes at the same time. Mr. Bjerkesett said the original intent of submitting this was to put the requirements on the books for this fall's election. Mr. Sheridan stated that any changes that take place will not take effect until after January 1, 1975 with regards to elections or anything else. • Mr. Ash asked if it was the Council's intention to take all the Charter • recommendations as a package or an individual thing? Mr. Qureshi felt it was rl their intention to receive all recommendations at one time, rather than individually. • Page 2 - Mr. Sheridan asked if this would change the_Charter_Commiesion's ,time,eahedule so that if they sent a eries of recommendations to change by Ordinance and n Council decided to delete a portion of those items and the Commission felt strongly towards them to be put before the electorate, would this have to be accomplished by September 16? . Mr. Sheridan said it was his understanding that if the Charter Commission recommends a change to the Charter, whether it could be handled by an Ordinance to change it or whether it had to go before the electorate, the Charter Commission had the option of putting it before the electorate. Mr. Bjerkesett said this could be done without Council's approval but he wondered whether they could do this on their own authority. Mr. Sheridan said they could strictly do it on the action of the Charter Commission, and then the electorate is given the chance to say yes or no. Mr. Bjerkesett said whatever recommendations are submitted to the City Council, - the'Commission should insist upon a response within a given period of time, whether they act favorably or unfavorably. Mr. Sheridan said they could have each item on the ballot as a separate question or as a package. Mr. Bjerkesett said even though the Council had tabled the recommendation, the Commission should inform the Council they want action on it. Even if the Council was to act upon it, it would be too late because it requires 6 months before the election to do so, and the deadline has passed. Mr. Bjerkesett suggested the Commission submitting the suggested changes to the Council and inform them to act upon anything they can, otherwise put it on the ballot. Mr. Sheridan said the Commission would probably want to review those items which would be rejected. The Commission would want to support anything they put on the ballot. This could be done by possibly setting up a special meeting in the early part of September or late August. NEW BUSINESS Mr. Sheridan said Jackie Johnson had notified him saying that she would not be a le to attend this meeting. Mr. Crowder said he had received some communication from Mrs. Johnson. He read aloud from her letter, referring to Section 6.04, Subordinate Officers. "The City Attorney shall be appointed by the Council." MOTION TO CHANGE THAT PORTION TO READ, "THE CITY ATTORNEY SHALL BE APPOINTED BY THE CITY MANAGER WITH THE APPROVAL OF THE COUNCIL." The basis for her motion was that she considered the City Manager's role as one to direct and control the Administration of the City's affairs and the City Attorney's position is one that is part of the Administrative procedure of the City. She felt the City Manager should have complete control of his Administration in order to perform his job efficiently, . along with giving the City Manager powers that are above partisan politics and yet, consistent with the efficient operations .of the City's affairs. This • change is in agreement with recommendations received by the Charter Commission from Councilman Tim Breider, Mr. James Hill , and the League of Women Voters of Fridley. Motion seconded. _ .Mr. Crowder said he agreed with Jackie's motion but felt it -should b e tabled till the Commission gets everything together. Mr. Crowder explained that n Jackie was probably not aware of the Council's action taken on the, last motion. • • Page 3 n MOTION BY OLE BJERKESETT THAT THIS MOTION BE TABLED ON THE ACTION OF SECTION 6.04 TILL THE JUNE MEETING. Elaine Knoff seconded the motion. Upon a voice vote, the motion carried unanimously. DISCUSSION WITH CITY MANAGER AND ASSISTANT Nasim Qureshi. and Peter Herlofsky were present at the meeting to discuss the Charter. They presented the 1974 Model Charter from the League of Minnesota Municipalities which the Commission had requested from the Administration at the last meeting. (Absent members will receive copies by mail). Mr. Qureshi gave copies of material concerning the Charter as the Charter is originally written, with update suggestions by the Administration. All changes from the Administration were underlined. The Charter was reviewed page by page, and any changes or recommendations were discussed at that time. Mr. Qureshi went over some of the comments made by the past City Manager, Jerry Davis. He referred to page 7, in regards to the Mayor's authority and it was recommended to delete the last two sentences in Section 2.07. Section 2.10 Intereference with Administration • Mr. Qureshi said the recommendation was made to delete the first portion of the first sentence, because the Administration and the policy making body has separate functions. Also, a new paragraph was added to this section, previously made by the Charter Commission. Section 3.01 Council Meetings n Mr. Qureshi felt this section should be made consistent. The sentence should be changed to, "On the first Monday of January following a regular municipal election, the Council shall meet at the City Hall at the usual time for the holding of Council meetings." It should also state that a special meeting can be held if members of the Council waive notice because this is the present practice. Section 4.03 Primary Elections . A few changes were recommended in the time of primary elections, which were consistent with the State statutes. The top paragraph on page 11 could be left in. Section 4.05 Judges and Clerks of Election A change was made from 10 to 25 days in the amount of days before each municipal election in appointing judges of elections. The remaining section could be left in. Section 4.08 Canvass of Elections and Taking of Office Canvassing of election returns within 7 days could be changed from 5 days. Section 6.01 The City Manager • Recommendations were added to this section made previously by the Charter Commission. The Charter Commission had indicated one month but Mr. Davis had a contract that covered two months. Suggestion was made by the Administration to add, "minimum of 1 month and the Council's prerogative to add on." There was a minor change in Section 6.01b. Mr. Qureshi said the Commission had discussed the City Attorney's position, whether he should report directly to the Council or City Manager or whether Page 4 he should be a staff member. The Administration's feeling is that there is a n better working relationship working under the direction of the City Manager. The Administration recommends that he be a member of the City staff. This should also be extended to City prosecutor. Should be stated as, "The City Attorney and the City prosecutor shall be appointed by the City Manager." Section .6.05 • Purchases and Contracts The Administration received a legal opinion that on these items, the State statutes supersede the City Charter. These sections could be made consistent with the statutes. The Administration recommended deleting them or updating the figures. They recommended deletion of the sentenee, "All contracts, bonds, and instriuments of every kind to,which ,the City shall be a patty-shall be signed by the Mayor on behalf of the City as well as by the Manager and shall be • executed on the name of the City." Mr. Qureshi said that anything that involves a contract is brought before the Council for their approval. Mr. Qureshi said many of the figures must be changed. For example, Section 6.06, the expenditure should be changed from $1000 to $5000. Further studies are being made by the auditors. Section 7.02 Power of Taxation V The Charter presently states the figure of mills is not to exceed 30. This could be changed to 16 or 17 mills, upon the Charter Commission's prerogative. Section 7.03 Board of Equalization Mr. Qureshi said the State statutes call this section "The Board of Review." This section says notices of such meetings shall be given in,the official , newspaper of the City at least 15 days prior to the meeting." The State statute's require 10 days, and this should be made consistent. Section 7.05 Passage of the Budget Mr. Qureshi said the budget is presently discussed at the first regular monthly meeting of September., therefore should be changed from August. Also, in Section 7.14, Accounts and Reports, June 10 is a more realistic date when the financial operations are to be published in the newspaper, rather than April 10. June 10 • has been the procedure in the past because the auditor's need the chance to review everything. Section 8.05 Public Works: How Performed 14e amount of $1000 should be changed to read $5000 to be consistent with the State statutes. V GENERAL DISCUSSION Mr. Bjerkesett said the information entitled, Suggestions for Review were not recommendations from the Charter Commission. These were notes he had accumulated and had given to the Commission. • Mr. Bjerkesett felt that Section 2.09 is a follow-up of Section 2.07. The Mayor had the authority but the Council ham the power to make investigations into the City's affairs. He felt all members of the Council should have the same powers. . n Further discussion was held on the section of the City Manager. • Page 5 • ADJOURNMENT MOTION BY PEG McCHESNEY TO ADJOURN. Seconded by Ole Bjerkesett. Upon a voice vote, the motion carried unanimously and the meeting adjourned at 9:50 p.m. Mr. Sheridan indicated June 18 would be the date scheduled for the next meeting, but asked if the meeting could be changed and tentatively set for June 25, till all members could be contacted by the secretary to see whether they could attend the meeting. All members were notified and the next meeting will be Tuesday, June 25 at 7:30 p.m. Respectfully submitted, --1"40A,46idit) • • Shelle/Morrison Recording Secretary • •