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CHM 11/21/1978 a CHARTER COMMISSION MEETING NOVEMBER 21, 1978 CALL TO ORDER Chairperson Ash called the meeting to order at 7:40 P.M. ROLL CALL MEMBERS PRESENT: Clifford Ash, Elaine Knoff, Jackie Johnson, Ken Brennan, John Swanson, Charles Langer, David Berg, Jean Schell (arrived late) , Arne Takkunen, Peter Treuenfels, Tim Breider, and Bob Pierce MEMBERS ABSENT: Jerry Ratcliff and Walt Starwalt OTHERS PRESENT: Nasim Qureshi, City Manager Mr. Ash stated the Commission needed to approve the minutes of the last meeting dated October 17, 1978. MOTION by Ms. Knoff, seconded by Mr. Berg, to approve the minutes of the last meeting of October 17, 1978. Upon a voice vote, all voting aye, the motion carried unanimously. • ■ Mr. Ash stated the next step would be election of officers for next year. He asked for any other nominations from the floor. There were none. MOTION by Mr. Brennan, seconded by Mr. Berg, that the secretary be instructed to cast the ballot for the candidates proposed by the Nominating Committee. The new officers are Clifford Ash, Chairperson, Charles Langer, Vice Chairperson and Jean Schell, Secretary. COvnr .cc ur. 2. REVISIONS TO -e CHARTER Mr. Ash stated it is actually the Charter Commission's Charter. We can now revise our own Charter. Mr. Ash stated the only rule we have had a problem with is a quorum. Mr. Swanson asked if the Commission could determine the quorum. Mr. Ash stated we could determine that by ourselves. We have 15 members and our quorum is eight. He stated to change the quorum we would need a two-thirds vote. Mr. Pierce asked if the Commission could transact business if a quorum is not called for. Mr. Ash stated we never have. Mr. Pierce stated it might be a good way to go on routine matters. PAGE 2 CHARTER COMMISSION MEETING November 21, 1978 MOTION by Mr. Swanson to change the quorum number to five. Mr. Berg seconded the motion. • Mr. Ash asked for discussion on the motion. Mr. Ash stated it gets discouraging when you do not have a quorum. If we had a quorum of five that might motivate people to participate. Mr. Brennan stated he would speak against the motion because of the provision of the democratic process. He stated he felt there was another way of doing it. He proposed we could change the requirement so it would allow the Commisson to conduct any item on the agenda unless there was an objection. Mr. Swanson stated you could have two people here and do all kinds of things without having an objection. That would be dangerous. Mr. Berg stated he would like to offer an amendment to the motion changing the number of the quorum to seven. Mr. Langer seconded the amendment. AMENDMENT TO MOTION to change the number of the quorum from five to seven members. Upon a voice vote, all voting aye, the amendment to motion carried unanimously. Mr. Ash stated we will now vote on the Motion of changing the Charter rule on quorum number from eight to seven. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Ash asked for any reports from the new officers. There were none. Mr. Ash stated we invited the City Administration to come to the meeting tonight to comment on questions addressed to Mr. Qureshi in a letter from Mr. Ash dated October 25, 1978. Mr. Langer asked before we go into that item, he had a question. How many members qualified do we have now. Mr. Ash stated fourteen, with one opening. He stated we had received two resumes from Bob Peterson and Carroll Hauge. Mr. Ash stated he had not submitted these names to the Judge yet. Mr. Pierce asked if the Commission would consider changing their meeting night. He stated he would like to serve on any other Tuesday night but the third. MOTION by Mr. Langer, seconded by Ms. Johnson, to change the Charter Commission's meeting night from the third Tuesday of the month to the first Tuesday of the month. Upon a voice vote, all voting aye, the motion carried unanimously. irr7 PAGE 3 CHARTER COMMISSION MEETING November 21, 1978 Mr. Ash stated we have a number of openings coming up in January. We have one opening now and three in January for a total of four. MOTION by Mr. Swanson, seconded by Mr. Langer, to submit the request for the four openings in January. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Ash stated we should get more names to submit before January. 3. OLD BUSINESS None 4. NEW BUSINESS None 5. OPEN DISCUSSION WITH CITY ADMINISTRATION 1. See letter dated October 25, 1978 to Nasim Qureshi, City Manager Mr. Ash thanked Mr. Qureshi for coming to the meeting. Mr. Qureshi stated he felt most of the questions posed in the letter were policy matters. He stated his response would be more of a pro and con opinion to the questions. 1. Should the Mayor and/or Administration give a State-of-the City Message annually? Mr. Qureshi stated there were pros and cons to this question. It would better inform the people in the community. But it would also cost money, although minimal. Potentially this could be another medium available to the parting power. 2. Ref. Section 2.07 —After setting their salaries, should the Council members stand for re-election before receiving an increase? Mr. Qureshi stated he was sure the Commission was aware that the city budget was adopted before election time. The state statute says you cannot pre-empt it, as long as the thing is adopted before the election. Only two out of five really stand for election and the other ones can do it a year later or two years later. Mr. Langer stated the precedent was broken by this Congress and by this Legislature. They raised their own pay while they were in office. Mr. Qureshi stated that could probably not happen in the City of Fridley. Mr. Langer stated some councilmen would be voting for a raise while he is in office. He asked Mr. Qureshi if the salaries of councilmen have been raised lately. Mr. Qureshi stated the salaries have been established for about six years. • • PAGE 4 CHARTER COMMISSION MEETING November 21, 1978 Mr. Pierce stated the Charter could set a ceiling or set a limit of the amount of annual increase. Mr. Breider stated if we are going to the down to the point of discussing official salaries within the city, we should at least attempt to establish a guideline in which they should work in raising their salaries. Mr. Ash stated he wanted to return to question #1. He asked Mr. Qureshi how he would feel if the City Manager was to give the State-of-the-City message and not the Mayor. Mr. Qureshi stated he felt the Council is the policy-making body of the city. They set the direction. He stated he felt his position was adminstrative and the Mayor should represent the city in functions of that type. It should be the responsibility of the Mayor or the Council. 3. Should there be a limit on expenditures for opponents to a petition? Should they also file with the City if they organize themselves? Mr. Qureshi stated that would also be in the political area. There was an amendment made to the Charter limiting how much money people are going to spend. Where do you-stop. If it is appropriate and within the legal authority to limit the expenditures of the petitioners it would be probable you could do the same with the people who filed the petition. Mr. Pierce asked how could it be policed. Mr. Qureshi stated it was a difficult thing. 4. Should the City Manager serve totally at the pleasure of the City Council making the job political? Mr. Qureshi stated the role of the City Manager has to be totally accountable to the City Council. 5. Ref. Section 7.02 - Should there be a limit on the money spent in addition to the mill limitation? Something like limit dollar increases in the budget to the rate of inflation plus 1 or 2 percent. Mr. Qureshi stated that is a policy item also. There is already a levy limit in the City Charter. The mill levy has been changing. The State Legislature has provided high levels of exemptions by homesteads. Before 1976 it used to be the first 12,000. In 1977 they raised the limit to 13,000 at 25%. In 1978 we have it at 15,000 at 22% and the less at 36% and now in 1979, it is 20% - 17,000 and 33-1/3%. The same mill is actually raising less dollars because of the new evaluation formula. This year our mill rate is about 15 mills and our mill proposed for next year is 14.97. The increase on r•� homes is going to be less than 1% even though you assume that the value of each home as increased 10%. Values are increasing. Even though your home has increased 15%, the maximum you can by law increase the evaluation on your home is 10%. Page 5 CHARTER COMMISSION MEETING November 21, 1978 So say your house is worth $50,000 and next year $55,000 and we are 15 mills, there will be no increase basically in your actual tax ,..t dollars. The second limit which has been proposed by the State Legislature is a dollar limit. If you raised 100,000 last year through taxes, all you can raise it is 6% this year. If our population increased 1,000 we could only increase 6.7% amount of tax dollars for 1979. All we can do is increase our budget through local taxes 6%. Mr. Ash asked how long that had been in effect. Mr. Qureshi stated since 1973. The budget is composed of taxes raised by local taxes. Generally in the City of Fridley they have been running about 50%. That comes from local taxes. Other revenues come from licenses, fines, etc. Other elements are revenue sharing and state aid. Mr. Ash stated that the tax figures from 1973 to 1977 the general tax base was just over a million and now it is a bit under two million. The tax dollars have almost been 100%. Mr. Qureshi stated there was room to go up. There were a lot of new programs mandated by the State like the tree disease control program, mandatory planning, etc. and they mandated these programs. Mr. Ash stated you are saying the State came in and said you will do these things and you will find the money to do it. Mr. Qureshi stated yes, and they stated they would not charge against the 6% limit that is provided. Mr. Brennan asked Mr. Qureshi if those state mandated exempted programs expire, will that money be reduced. Mr. Qureshi stated yes, unless the law changes. 6. Should there be a limit on the number of terms a person can serve on the Council? Mr. Qureshi stated they checked with the League of Cities to see if there were some communities who did limit the terms and no one does. 7. Should the Council increase in size now that Fridley is much larger than when the Charter was adopted. Mr. Ash stated the Charter was adopted in 1957. We have increased quite a bit in size. Mr. Qureshi stated he felt the City of Fridley probably has one of the best set-ups. We have three wards, one at lar a and one Mayor- , He stated Edina, with double the population of Fridley has five. Same with Richfield. r Page 6 CHARTER COMMISSION MEETING November 21, 1978 Mr. Pierce asked Mr.(Quershi}if any communities have six governing bodies. Mr.'Quers4 stated they usually have five or seven. Mr. Breider stated from the standpoint of population growth vs. number of councilmen, he did not feel it necessary to say that because the population grows you should have more councilpeople. He felt that most of the constitutes' complaints were of a variety of chuckholes in my street, storm sewers backing up, etc. Those services have to be provided by competent staff at the city level. That kind of thing doesn't get fixed by having more councilpeople. 8. Should newly created Boards, Committees, etc. have a termina- tion date or is rejustification necessary for further existence? Mr. Ash asked how many new Boards are created per year or how often do they come up. Mr/. Quersh stated the city has different stages of growth. As the city grew ore issues and problems came up. In 1973 and 1974 the • administration had a number of different Commissions and Boards that had to outlive their need. The recommendation was made and the Council limited the number of Commissions and then added a few more. If the Charter Commission feels there should be a provision where every so often they have to rejustify their position, there are some advantages. Again, that is a policy matter. Mr. `'Quershi)stated one of the things that was provided in this Co • ±bri structure under the Planning Commission was project committees. These committees would have a limited life. There are a number of these such as bikeway-walkway committee, etc. Hr. Ash asked if these were done by ordinance. Mr. ll'Quershi)stated the committees were not created by ordinance but an o nce provides the mechanism for the committees. These committees make recommendations and then are phased out. Mr. Pierce asked Mr. Quershiif it wouldn't be better if the Council approve these committees. MY. ',Quershi Stated you have different levels - first the Project Commifte, then the Commission level, then the Planning Commission and finally the Council. The recommendations of the Project Committee has to funnel through all of these before it finally gets to the Council. Mr. Ash asked if the Planning Commission could stop recommendations from the Project Committee to the Council. Mr. Quershi stated no, but they can comment on it and give their recommendations to the Council. 9. Can a person hold more than one elective office? Page 7 CHARTER COMMISSION MEETING November 21, 1978 Mr. Quershi stated the rule is the requirement of conflict interest. There is no clear direction. Mr. Breider stated he felt it depends upon the city. Mr. Langer stated when we discussed this originally we were talking about a City Councilman running for the Legislature or County Commissioner. Would he resign one to run for the other. Mr. Ash stated he would not have to resign to run its if he got elected. Could a first ward councilman run for Mayor, and hold both offices. The Charter doesn't say anything about that. Mr. Pierce stated he wondered if the Statute wouldn't cover that. 10. Should there be a fair campaign practices section? Mr. Quershi stated it is an extremely difficult thing to control. Maybe you could ask your attorney for a legal opinion. n+� ,ten rt-t411S Mr. Ash stated we have had,two inputs now"and one thing would be to have an automatic recount on close elections. Mr. Brennan read a letter from the Fridley League of Women Voters. (Attached to these minutes) Mr. Quershi stated the Council has an interest in this and has asked the Charter Commission to look at this. 11. Should the Charter have something on ethics of Council members and City Administration? Mr. Quershi stated the Council is all for this. 12. Ref. Section 2.05 - Should there be a change on how vacancies of unexpired terms of Councilmen are filled. Mr. Quershi stated previously it was an appointed office now it provides in the new charter that there has to be elections. A special election has to be held within 45 days and not more than 60 days from the time the vacancy was declared. Mr. Ash stated the Commission was pretty well informed on this. Mr. Ash asked if there were any more comments or questions. Mr. Ash stated he had one more thing to bring up. If you need a clerk in the city that clerk can only be hired by the Council, is that true? Mr. Quershi stated all appointments have to be made by the Mayor and concurred by the City Council. Mr. Ash asked if he thought it would be more efficient if that right was given to the City Manager with say the exception of department heads and possibly assistant department heads would only be subject to council approval. • Page 8 CHARTER COMMISSION MEETING November 21, 1978 Mr. Quershi stated no. There really has been no problem in this area in the past. Mr. Ash stated it might be more efficient to have the Council take just the key important jobs. Mr. Swanson stated where do you start and where do you stop. Mr. Ash asked if there were any other questions. Mr. Treuenfels stated regarding recount of close elections, if the League of Women Voters has done any research on this maybe they could share their findings with the Commission. Mr. Ash stated they would be invited to our January meeting. W. Ash asked if we should meet in December. MOTION by Mr. Breider, seconded by Mr. Langer, to not have a meeting in December. Upon a voice vote, all voting aye, the motion carried unanimously. The next meeting will be January 2, 1979. The Commission thanked Mr. Quershi for attending the meeting and for his input. It was greatly appreciated by all. MOTION by Mr. Langer, seconded by Mr. Swanson, to adjourn the meeting. Upon a voice vote, all voting aye, the motion carried unanimously and the meeting adjourned at 9:45 P.M. Respectfully submitted, 1 Gayle oben Recording Secretary Attachment r • Fridley League of Women Voters °6716 7th St. NE Fridley, Mn. 55432 Fridley Charter Commission Nov. 21, 1978 • As you know, one of the tasks of the League of Women Voters is to pro- mote fair and efficient election procedures. The results of the recent council election in the first ward would indicate that there is " a flaw in the efficiency of the process. A recount has been Gilled 1 to decide finally the results of a very close race. We feel that the current recount procedures impose an unfair burden on both the "winner" and the unsuccessful candidate who challenges the results. Litigation is 'expensive and time-consuming for the individuals involved. It is an unwd1,1dyprocess which requires the lawyer to "build a case"for re- count. To do this, he/she is required to bring into question the validity of the elction procdure an t s n Fgrity of hard-working election officials. This seems to us a highly et„ ra` " P wa to a g Y y�rj positive conclusion. We suggest that this is a situation to which the Fridley Charter Commission should address itself. An ordinance governing an automatic recount i close elections would seem to be in order. Perhaps a percentage of total votes cast or a finite quantity could be adopted as a criterion for recount. This has • been done at the state level and in other cities. Ani automatic recount would facilitate a smoother transition Sn government, protect the integsity of the election process, and ensure the best possible , climate for prospective candidates. We look forward to assisting you in any g y y way possible in research)/ tti/shArtfey, Sincerely, Patricia Brennen President Fridley League of Women Voters • • • •