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Ordinance No. 1345 07-24-2017 ORDINANCE NO. 1345 AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES WHEREAS, The Fridley City Charter has reviewed, discussed and recommended an amendment of the Fridley City Charter by Ordinance to the City Council on May 15, 2017; WHEREAS, the public hearing was scheduled for June 26, 2016 and published in the Official Legal Newspaper Fridley SunFocus on June 2, 2017; and WHEREAS The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission and staff that Fridley City Charter Chapter 7 related to taxation and finances be hereby amended and ordains as follows: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. SECTION 1: THAT SECTION 7.02.1 BE HEREBY AMENDED AS FOLLOWS: Section 7.02. POWER OF TAXATION. 1.The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member. from time to time, provided that tThe amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, five percent (5%) more a tax levy that is greater than the prior year tax levy. increased. Moreover, if necessary, the tax levy may be increased up to an additional 3% with an affirmative vote of at least four members of the Council. by an inflationary index, or 5%, whichever is less. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. (Ref Ord 1152) SECTION 2: THAT SECTION 7.02.3 BE HEREBY AMENDED AS FOLLOWS: 3.Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A.For the purposes of this subsection, "fees" includes sales and use taxes, recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or Ordinance No. 1345 Page 2 direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152, 1244) B.For the purposes of this subsection, the term "fees" does not include: utility charges, Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152, 1244) C.For the purposes of this subsection, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. (Ref Ord 1152) D.For the purposes of this subsection, "city" includes the city itself and all its departments and agencies that are organized to exercise the "Powers of the City" as defined in Chapter 1 of this Charter. "City" shall not include any body of government owing its existence to separate constitutional or statutory authority outside of the Charter, regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. (Ref Ord 1152) E.For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section 7.08 or state law. SECTION 3: THAT SECTION 7.03 BE HEREBY AMENDED AS FOLLOWS: Section 7.03. BOARD OF REVIEW. The Council shall constitute a board of review and shall meet as such in the usual place for holding Council meetings to review, amend and equalize the assessed valuations according to state law. and a published notice of such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the day of said meeting. (Ref. Special Election 4/12/60, Ord. 592) Ordinance No. 1345 Page 3 SECTION 4: THAT SECTION 7.05 BE HEREBY AMENDED AS FOLLOWS: Section 7.05. PASSAGE OF THE BUDGET. The estimated budget shall be a principal item of business at a regular meeting(s) prior to the deadline established in state law, at the times required by law and at in September. The Council shall hold subsequent meeting(s) until the budget is adopted. from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions prior to passage of the final budget. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The adopted annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year., and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with state law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04. The budget resolution as adopted. SECTION 5: THAT SECTION 7.08 BE HEREBY AMENDED AS FOLLOWS: Section 7.08. EMERGENCY APPROPRIATION IN THE BUDGET. 1.The Council shall have power to establish an emergency appropriation as a part of the budget, but not to exceed ten percent (10%) of the total budget. Transfers from the emergency appropriation to any other appropriation shall be made only by a vote of at least four (4) members of the Council. 2. The sums transferred to the several departments or divisions shall be considered as a part of such appropriations and shall be used only for the purposes determined by the city manager and approved designated by the Council. SECTION 6: THAT SECTION 7.09 BE HEREBY AMENDED AS FOLLOWS: Section 7.09. LEVY AND COLLECTION OF TAXES. In accordance with Minnesota State Law, the Council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to the county auditor annually, not later than the date required by Minnesota Law, The tax levy resolution must be certified to the county in accordance with state law., Aa statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. Ordinance No. 1345 Page 4 SECTION 7: THAT SECTION 7.11 BE HEREBY AMENDED AS FOLLOWS: Section 7.11. DISBURSEMENTS, HOW MADE. All disbursements shall be made only upon the order of the City Manager or designee and City Clerk, duly authorized by a resolution or motion of the Council, and every such order shall specify the purpose for which the disbursement is made, and indicate the fund out of which it is to be paid. Each such order shall be directed to the Treasurer, and the latter shall issue a check payable to the order of the person in whose favor the order was drawn. The Treasurer shall issue no check upon any City funds except upon such order. In the discretion of the Council the order and check may be a single instrument. No claim against the City shall be allowed unless accompanied by either an itemized bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance make additional regulations for the safekeeping and disbursement of the City's funds. The Council may by resolution or motion provide for the regular payment without specific individual authorization by the Council of salaries and wages of regular employees, laborers, and fixed charges which have been previously duly and regularly incurred. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 24 DAY OF JULY 2017. _____________________ Scott J. Lund, Mayor ATTEST: ________________________ Debra A. Skogen, City Clerk Public Hearing: June 26, 2017 st 1 Reading: July 10, 2017 nd 2 Reading: July 24, 2017 Published on: August 4, 2017 AFFID)WIT OF PUBLICATION CITY OF FRIDLEY products,or civil and criminal fines amount of time in which to be (LEGAL NOTICE) and other charges collected in cas- heard, and an opportunity to ask STATE OF MINNESOTA )ss NOTICE OF ORDINANCE es of restitution or violation of law questions prior to passage of the COUNTY OF ANOKA NO.1345 AN ORDINANCE or contract. The term"fees"also final budget. The budget estimates AMENDING FRIDLEY CITY does not include rental housing shall be read in full and the City CHARTER CHAPTER 7. fees, building permit fees, liquor Manager shall explain the various Charlene Vold being duly sworn on an oath, TAXATION AND FINANCES license fees,the extension or trans- items thereof as fully as may be states or affirms that he/she is the Publisher's The Fridley City Charter has fer of cable television service au- deemed necessary by the Council. reviewed, discussed and recom- thority to additional service provid- The adopted annual budget finally Designated Agent of the newspaper(s)known mended an amendment of the City ers for which fees are already being agreed upon shall set forth in such as: Charter by Ordinance to the City charged,fees for the operation of detail as may be determined by the Council on May 15,2017. junk yards,annual license fees for City Council,the complete financial SF Columbia Heights/Fridley The Fridley City Council hereby the operation of pawn shops and plan of the City for the ensuing fis- finds after review,examination and other regulated business, and any cal year_;and shall be signed by the recommendation of the Charter other charge for services, includrmajority of the Getineil upon being - with the known office of issue being located Commission and staff that Fridley ing health and safety related Code adapted. It shall indicate the sums in the county of: City Charter Chapter 7 related to enforcement, and other goods, to be raised and from what souro- ANOKA taxation and finances be hereby services or materials routinely pro- es,and the sums to be spent and with additional circulation in the counties of: amended and ordains as follows: vided by the City to its citizens or for what purposes,according to the ANOKA FRIDLEY CITY CHARTER other members of the public which, plan indieated an Section 7.04. The CHAPTER 7. TAXATION AND by law,must be limited to the actual total sum appropriated shall not ex- and has full knowledge of the facts stated FINANCES. cost of the service being provided. ceed the total estimated revenue. below: SECTION 1: THAT SECTION The tens "fees" shall not include The Council shall adopt the bud- (A)The newspaper has complied with all of 7.02.1 BE HEREBY AMENDED AS any special assessments made get by resolution pursuant to state FOLLOWS: under Minnesota Statutes Seetian law.On . the requirements constituting qualifica- Section 7.02. POWER OF TAX- 429. (Ref Ord 1152,1244) :Rie resolution she"set feFth the to tion as a qualified newspaper as provided ATION. C.For the purposes of this sub tal of the budget and the totals of - by Minn. Stat.§331A.02. 1.The City shall have, in addi- section, "fee increase" includes a the major divisions of the budget, (B)This Public Notice was printed and pub- tion to the powers by this Charter new tax or fee,a monetary increase aecording to the pan indicated an expressly or impliedly granted, all in an existing tax or fee,a tax or fee Section 7.04. The!budget resolu lished in said newspaper(s) once each the powers to raise money by tax- rate increase, an expansion in the tion as adopted. week, for 1 successive week(s); the first ation pursuant to the laws of the legal definition of a tax or fee base, SECTION 5: THAT SECTION insertion being on 08/04/2017 and the last State which are applicable to cities and an extension of an expiring tax 7.08 BE HEREBY AMENDED AS insertion being on 08/04/2017. of the class of which it may be a or fee. (Ref Ord 1152) FOLLOWS: member,frarn time to tirme,provid D.For the purposes of this sub- Section 7.08.EMERGENCY AP- ed--the"The amount of taxes levied section, "city" includes the city PROPRIATION IN THE BUDGET. MORTGAGE FORECLOSURE NOTICES against real and personal property itself and all its departments and 1.The Council shall have power Pursuant to, Minnesota Stat. §580.033 within the City for general City pur- agencies that are organized to ex- to establish an emergency appro- relatin t0 the publication of mortgage poses shall not exceed in daNars, ercise the"Powers of the City"as priation as a part of the budget,but g pfive percent(5%)more a tax bevy defined in Chapter 1 of this Charternot to exceed ten percent(10%)of foreclosure notices: The newspaper complies dw&is-greater than the prior year "City"shall not include any body of the total budget.Transfers from the with the conditions described in §580.033, tax levy inereesed. Moreover. if government owing its existence to emergency appropriation to any subd. 1, clause (1) or(2). If the newspaper's necessary the tax levy may be separate constitutional or statutory other appropriation shall be made known office of issue is located in a county Increased up to an additional 3% authority outside of the Charter,re- only by a vote of at least four(4) with an affirmative vote of at least gardless of whether that other body members of the Council. adjoining the county where the mortgaged four members of the Council by-aft of government has jurisdiction or 2. The sums transferred to the premises or some part of the mortgaged performs duties and services with- several departments or divisions premises described in the notice are located, er *9 less. Said inflationary inde)t in the boundaries of the City. (Ref shall be considered as a part of shall be that as defined by the U.S.. Ord 1152) such appropriations and shall be a substantial portion of the newspaper's Department of Labor, Bureau of E. For the purpose of address- used only for the purposes deter- circulation is in the latter county Labor Statistics, Gensumer Priee ing natural disasters this subsec- mined by the city manager and ao- tion does not apply to any specific proved designated by the Council. the Minneapolis,St.Patil metrapolm emergency measure authorized in SECTION 6: THAT SECTION p (� Ord.592, 7, Section Z.08 or state 7.09 BE HEREBY AMENDED AS By. H law. Designated Agent Nothing in this provision shall SECTION 3: THAT SECTION Section 7.09. LEVY AND COL- be construed to impair any gener- 7.03 BE HEREBY AMENDED AS LECTION OF TAXES. al obligation the City may have in FOLLOWS: In accordance with Minnesota Subscribed and sworn to or affirmed before support of otherwise lawful indebt- Section 7.03. BOARD OF RE- State Law, the Council shall levy me on 08/04/2017 by Charlene Vold. edness or similar obligation sup- VIEW. by resolution the taxes necessary ported by the full faith and credit The Council shall constitute a to meet the requirements of the of the City,provided,however,that board of review and shall meet as budget for the ensuing fiscal year. long-term, general obligation in- such in the usual place for holding The Gity Glerk she'!transmit to the purpose ss shall not be used for Council meetings to review,amend eounty auditor emnuallyL, not later the the purpp ose of funding the routine and equalize the assessed valva- than the date requiFed Notary Public and daily business operations of tions according to state law.and$ to Law,The tax levy resolution must the City. (Ref Ord 1152) be certified to the county pursuant SECTION 2: THAT SECTION shall be given in the effieweil news to state law. Ae statement of all 7.02.3 BE HEREBY AMENDED AS the taxes levied, and such taxes FOLLOWS: days prier to the day of seid meet shall be collected and the payment r 3.Any other fees created,or in- thereof be enforced with and in like DARLENE MARIE MACPHERSON creased and the limits set forth y ()rd.592) manner as state and county taxes. 1 in subsection 1,shall require voter SECTION 4: THAT SECTION No tax shall be invalid by reason Notary Public-Minnesota approval as stipulated in subset- 7.05 BE HEREBY AMENDED AS of any informality in the manner My Commission Expires Jan 31,2018 tion 2. FOLLOWS: of levying the same, nor because A.For the purposes of this sub- Section 7.05. PASSAGE OF the amount levied shall exceed the section, "fees" includes sales and THE BUDGET. amount required to be raised for use taxes, recycling fees,gas and The estimated budget shall the special purpose for which the electric franchise fees and any oth- be a principal item of business at same is levied,but in that case the er fee that produces a tax burden a regular meetings) prior to the surplus shall go into a suspense or direct financial obligation for all deadline established in state law, fund,and shall be used to reduce Rate Information: property owners and/or residents at the times required by law and the levy for the ensuing year. of Fridley.(Ref Ord 1152,1244) at an Septerriben The Goin e"she" SECTION 7: THAT SECTION (1)Lowest classified rate paid by commercial users B.For the purposes of this sub- held subsequent meeting(s) until 7.11 BE HEREBY AMENDED AS for comparable space: section, the term "fees" does not the budget is adopted. trern time FOLLOWS: $25.40 per column inch include: utility charges,Parks and to time until all the estimates have Section 7.11. DISBURSE- Recreation Department participa- been-Lensidered. The meetings MENTS,HOW MADE. Ad ID 715115 tion fees,charges for photo-copy- shall be so conducted as to give All disbursements shall be ing,sales of municipal liquor store interested citizens a reasonable made only upon the order of the City Manager ordesignee and Gity 61e*,duly authorized by a resolu- tion or motion of the Council,and every such order shall specify the purpose for which the disburse- ment is made, and indicate the fund out of which it is to be paid. Each such order shall be directed to the Treasurer,and the latter shall issue a check payable to the order of the person in whose favor the or- der was drawn. The Treasurer shall issue no check upon any City funds except upon such order. In the dis- cretion of the Council the order and check may be a single instrument. No claim against the City shall be allowed unless accompanied by either an itemized bill,or a payroll, or time sheet,each of which shall be approved and signed by the re- sponsible City officer who vouches for the correctness and reason- ableness thereof. The Council may by ordinance make additional regu- lations for the safekeeping and dis- bursement of the City's funds. The Council may by resolution or mo- tion provide for the regular payment without specific individual authori- zation by the Council of salaries and wages of regular employees, laborers, and fixed charges which have been previously duly and reg- ularly incurred. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF JULY 2017. /s/Scott J.Lund,Mayor ATTEST: /s/Debra A.Skogen, City Clerk Public hearing held June 26,2017; First Reading held July 10, 2017; Second Reading held July 24, 2017. Published in the Columbia Hgt-Fridley Sun Focus August 4,2017 715115