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CHA 09/16/1975 n CHARTER COMMISSION MEETING A G E N D A Classroom 7 : 30 P.M. Sept. 16 , 1975 I . CALL TO ORDER II . OATH OF OFFICE TO APPOINTMENTS TO COMMISSION BY TENTH JUDICIAL DISTRICT, JUDGE GILLESPIE, ON JUNE 2 , 1975 .. TO FILL UNEXPIRED 2-YEAR TERMS : John A. Swanson Kenneth R. Brennan APPOINTED FOR 4-YEAR TERMS : Elaine Knoff Jerry Ratcliff Peg McChesney — Robert O'Neill Jackie Johnson Clifford Ash Roy McPherson (Joan McLaughlin was also appointed, but we understand that she has changed her residency since being proposed. ) III. ROLL CALL IV . READING OF MAY 20 (previous) MEETING MINUTES V. REPORT OF OFFICERS VI . REPORT OF COMMITTEES VII . CONSIDERATION OF COMMUNICATIONS VIII. UNFINISHED BUSINESS IX. NEW BUSINESS A. Appointment of Nominating Committee X. ADJOURNMENT • 5G • Fridley City Council June 29, 1975 Fridley City Hall 6431 University Ave. Fridley, IJ 55432 To the City Council: The Fridley DFL Club has reviewed the chines proposed by the Chartr Co=;_ssion to the City Charter. At our re ular meetin .- of June 26, 1975 the club ado cted the positions indicated on the attachment enclosed. The resolution massed by the club directed that a copy of the clubs position be sent to both the Charter Commission L._ and the City Cou ncil. If I can be of any assistance to you,. or the City staff conccrnin this matter, please feel free to call. Sincerely, Dennis I,,, Schneider Chairman, Fridley DFI Club 6190 Stinson Blvd. Fridley, MN 55432 Home phone: 571-7059 Bus. phone: 633-6170 Ext 5002 Enclosure • • • • • 5H Fridley Charter Commission June 29, 1975 Mr. Ray Sheridan, Chaiman Fridley City Hall 6431 University Ave. Fridley, lU 55432 • Dear Hr. Sheridan: As per your request at the 'Jay 20 meeting of the Charter Commission. the !Fridley 7i it Club as reviewed the proposed changes to the Fridley Charter. At our regular meeting of June 26, 1975 the club adopted, by resolution, the followin`; rec=endations concerning the Charter and dir- ected that they be sent to you and copied to the City Co:ncil: Section 2. M C o cJr. with Charter C V . _.sN o1 changes. • a Section 2.05 - Concur with Charter as ammended by recent special election. Section 2.09 Concur with Charter Commission changes. Section 4.03 Concur with Charter Commission changes. Section 4.05 Concur with Charter Commission changes. Section 4 .08 Concur with Charter Commission changes. Section 5.02 Nonconcur with Charter Commission changes. Propose the following changes: No member of any initiative , referendum, or • recall committee , no circulator of a signa-L: re- paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, Vl in i U;Jsi t iUn. to the action, lJi V this shall not prevent . . . Propose that all references to expense limits be raised to $200. 00 Reason for proposals: Fine limits are not ' proper in the cha.rter. . It is presumptuous for the city to usurp the prerogatives of the court in this instance. The proposed addition places the same burdens on all parties of an action. Citizen initiative should not have extraordinary meaures to overcome in cases of recourse. The increased expense limits reflect the true expenses of such actions. • Charter Commission Fridley DFL Club a Z ,.` Section 5.08 Nonconcur with Charter Commission changes. Propose Charter remain as is. Reason for nonconcurrence: The proposed chanje raises majority rule by 5 . for no valid reason. Any chan .e to the basic premise of majority rule could be hostile to the best interests of the citizens. • Section 5.19 Nonconcur with Charter Commission addition. Propose that the followin_, new section be added.: Section 5.19 In determining the validity of any petition signature the city clerk and city council shall include all signatures which have not been denied by affidavit of the person whose signature it purports to be, or by the sworn testimony of a com- plainant stating that -to their knowledge the signature is false. Reason for DFL position: The addition of Section 5.19 as proposed by the Charter Commission would have the effect of thwart- ing and placing extraordinary handicaps upon citizens attempting to seek recourse. State- ments of fines and presentation of sections of the city charter could tend to inhibit petition circulators--this .could be alien to a free government with citizen participa- tion. The DFL proposed change provides a defined mechan.ism to prevent 'invalid signa- tures from being considered as valid. Section 5.20 This addition is proposed by the DFL Club: Section 5. 20 Upon presentation of a suf- ficient petition for initative, referendum or recall the council must act in compliance with the provisions of this chapter or appeal the validity of the petition to the court. Failure of any member of the council to act in compliance with the provisions of this section within 15 days after cert- ification of the sufficiency of the petition shall disqualify the offender from continuing • in office and that member shall be removed therefrom. Reason for proposal: Government must be re- • sponsive to the people. The council should act promptly when presented with bonafide grievances. Procrastination undermines the • '••■ • intent of our system of government. Charter Commission Fridley DFL Club 5J • Section 6.04 Konconcur With Charter Commission change. Propose Charter remain as is. Reason for nonconcurrence: Placing the appointment of the City Attorney under the city manager tales him one step further away from the people, and would tend to place his interests away from the direct needs of the council, as well as adding an additional level of bureaucracy. No benefit for the ;public would be rained by changing this section, but the loss could be significant. Section 6.05 Noncencur with Charter Commission changes. Propose that the amount be raised to 32000. Reason: Five thousand dollars defeats the principle of Nrudency in the day to day operation of city Fo`T einm1::.. L. Two thousand dollars is a more realistic figure and will • permit reasonable flexibility to accomplish city goals. Further 32000 should be adequate to accomodate recent and near term cost increases due to inflation. Section 6. 06 Nonconcur with Charter Commission changes. ,.� See Section 6.05 above. Concur change to 10 days. Section 7.02 Nonconcur with change to paragraph "b" . Propose that the Charter remain as is. • Reason: Personal tax provision should not be eliminated in this instance as it is used to provide revenue from certain types of business operations which should be taxed. • • Section 7.03 Concur with Charter Commission changes. Section 7 . n 4 " on con.ur with n nrter Commission change. l ge• Propose leaving Charter as it is. Reason: The budget is a valid political issue and should be available_as an issue at the earliest practicable time. August is not an unreasonable time and therefore should be retained as the time for the submission of estimates. • • • • • Charter Commission Fridley DFL Club 5K Section 7.05 Nonconcur with Charter Commission changes. Propose leaving Charter as it is. Resaon: To keep this section consistant with DFL proposal for section 7.04. Section 7.09 Nonconcur with Charter Commission changes. Propose leaving Charter as it is. . Reason: Same as 7.04 and 7. 05 . Section 7.14 Nonconcur with Charter Commission chan-,es. Propose leaving Charter as it is. Reason: The time period stated in the pre- sent charter is more than adequate to pre- pare financial statements . Adding excessive time invites procratination and is not in the best interest of the public. Section 7.17 Concur with Charter Commission changes. • Section 8.05 Nonconcur with Charter Commission change. See DFL position on Section 6.04. • Chapter 10 Nonconcur with Charter Commission changes. Reason: The language of the chapter is adequate as it presently exists. Section 10.04 Concur with Charter Commission changes. Section 10.06 Concur with Charter Commission change. Chapter 12 Concur with all Charter Commission changes to this Chapter. The Fridley DFL Club appreciates the opportunity to review your proposed changes. If you, or any other Charter Commission member has questions or comments concerning our position and reasons, please feel free to contact me. Sincerely, • Dennis L. Schneider Chairman, Fridley DFL Club 6190 Stinson Blvd. Fridley, EN 55432 Home phone :' 571-7059 Bus. phone: 633-6170 X5002 • • • • • • • r \ CITY OF FRIDLEY MEMORANDUM TO: RAY SHERIDAN, CHAIRMAN OF THE CHARTER COMMISSION FROM: MARVIN C. BRUNSELL , ASST. CITY MGR./FIN. DIR. SUBJECT : CHARTER CHANGES DATE : SEPTEMBER 2 , 1975 I want to forward to you some additional comments regarding the proposed Charter changes that were not adopted by the City Council . With respect to the following three sections , the administration has no comments. Section 5.02 - Expenditures by Petitioners - Adding a section specifying the limits for fines and violation of the section. ,.- Section 5.08 - Initiative Ballot - Adding a 55% of the votes cast section to the ' existing Charter. Section 5.19 - Penalty for False Attesting to Any Signature , etc. — Section 6.04 - Subordinate Officers - Dealing with the appointment of the City Attorney by the City Manager. See Council discussion on this item. Section 6.05 , 6.06 and 8.05 - Dealing with limitations on purchases and contracts . It is our understanding that had the proposed changes not referred to a specific dollar amount , but rather referred to the limits as set by State Statute , the City Council may have approved these proposed changes. The staff feels this is probably the way the Charter should read. That is, reference should be made to the State Statutes and no particular dollar amount should be set forth in the Charter. In any event, this section is not something that is urgent, and it need not be put on the ballot. Sections 7.04, 7.05 , 7.09 and 7.14 - Dealing with housekeeping changes in the nature of changing dates for preparation of budget , passage of the budget , sending the tax levy request to the County Auditor and publishing the annual financial statement. These are housekeeping changes and are not of such importance that they need be put on the ballot. The same goes for that part of Section 7.02 that was not approved by the Council . This section should probably remain as is , except for that part that was changed by the City Council . • • r TO: RAY SHERIDAN , CHAIRMAN OF THE CHARTER COMMISSION SUBJECT: CHARTER CHANGES DATE: SEPTEMBER 2, 1975 PAGE 2 Sections 10.05 , 10.06 and 10.09 - Regarding Rates and Charges , Provisions of Franchise , and Public Hearings - See comments of Councilman Fitzpatrick , where he says the section should probably read "Public Utilities and Franchisee." There is one other section of the City Charter that perhaps should be modified. This deals with the people who will vote at a recall election. See the attached letter from Virgil C. Herrick dealing with this subject. MCB :s h Attachments I ORDINANCE NO. 592 AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF FRIDLEY THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That the fol lowing Sections of the .Fridley City Charter are amended as follows : Section 2.03, paragraph b , ELECTED OFFICIALS. The term of mayor and of each councilman shall begin on the first official business day in the month of January next following his election and shall end when his successor has been duly elected and has qualified. The first order of business at the first official council meeting in January shall be the swearing in of the newly elected members of the council . The council shall be the judge of the election of its members. Section 2.06 of the Fridley City Charter is hereby repealed. Section 2.06A of the Fridley City Charter is hereby repealed. Section 2.08, paragraph 2, INVESTIGATION OF. CITY AFFAIRS. Any member of the • council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. Section 4.03, PRIMARY ELECTIONS. 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. Section, 4.05, JUDGES AND CLERKS OF ELECTION. The council shall at least 25 days before each municipal election appoint three qualified voters of each voting precinct to be judges of elections therein and two qualified voters of the same precinct to be clerks of election, or as many more or less as may be determined by the council . No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning a referendum or recall shall be eligible to serve as a judge or clerk of such election. Section 4.08, CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election .returns within seven calendar days after any regular or special elections , and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk , and said statement shall be made a part of the minutes. Section 7.02, Section B , POWER OF TAXATION. The city council may also levy a tax in any year against real and personal property within the city in addition to said 16 mill limitation and levies specified. 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 equalize the assessed valuations according to law, and a published notice of such meeting shall — be given in the official newspaper of the city at least ten days prior to the day of said meeting. • • • ORDINANCE NO. 592 PAGE 2 Section 7. 17, DEBT AND TAX ANTICIPATION CERTIFICATES. (a) If in any year the • receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, as provided for in the budget, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures , then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed eighteen months and to bear interest at not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at least four of the members of the council ; the ordinance, may if deemed necessary, be passed as an emergency ordinance. (b) For the purpose of providing necessary moneys to meet authorized expenditures , the council may issue certificates of indebtedness in any year prior to the receipt of taxes payable in such year, on such terms and conditions as it may determine, bearing interest at a rate not more than allowable by State Statutes ; provided that such certificates outstanding at any one time shall not exceed forty percent of the tax levy payable in the current year belonging to the fund for the benefit of which the borrowing is authorized. Section 10.04, POWER OF REGULATION RESERVED. The city shall have the right and power to regulate and control the exercise by a corporation , co-partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the city or by the State of Minnesota. Section 12.07, VACATION OF STREETS. The council shall have the exclusive power, by ordinance passed by a vote of at least four members of the council , to vacate or discontinue highways , streets , easements , and alleys within the city. Such vacations may be made only after notice , and hearing of affected property owners , and upon such further terms , and by such procedure as the council may by ordinance, prescribe. A record of each such vacation shall be filed in the office of the Register of Deeds of Anoka County. Section 12. 11 of the Fridley City Charter is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4th DAY OF August , 1975. • MAYOR - WILLIAM J. NEE ATTEST: • CITY CLERK - MARVIN C. BRUNSELL • Public Hearing: July 14, 1975 First Reading: Jul Y 21 , 19'75 Second Reading: A gust 4. 1975 Publication : Auaust 13. 1975 ‘1/4..) • MEMORANDUM To: Marvin C. Brunsell, Assistant City Manager./Finance Director From: Virgil C. Herrick, City Attorney -�� --- Re: Instructions for Circulating Petitions f { Date: August 5, 1975 I have reviewed your memorandum of July 29, 1975, together with the attached instructions for persons circulating petitions. I believe that the instructions are accurate and . adequate. • In reviewing the section of the charter relating to recall (Section 5.13 through 5.18) , a serious question arises. The charter provides that a recall petition must be signed by 25 percent of the total number of registered voters. Nowhere in the charter does it say that if the recall is for a ward. councilman, the signatures must be of voters of that ward. The charter does not provide that if the recall election is for a ward councilman seat, the people eligible o vote in an election must be within the designated ward. It would appear to me that this would be a good item to refer both to the Charter Commission and to the City Council. If you are going to present your instruction circulars to the • Council for their approval, I would also request that you attach this memorandum and include it in the council agenda when these items are discussed. • VCFI:JLH I' 4 • • PUBLIC HEARING ON PROPOSED CHARTER CHANGES ,-� (OFFICIAL NOTICE) CITY OF FRIDLEY There will be a public hearing before the City Council at 7430 p .m. on July 14, 1975 to consider the following changes in the Charter of the City of Fridley. Language • that is proposed to be added to the Charter is shown as follows; New Charter language • . • Language that is proposed to be deleted from the Charter is shown as follows: Deleted-Charter laic ua - . The changes are as follows: • • Section 2.03, paragraph 6, ELECTED OFFICIALS. The term of mayor and of each councilman shall begin on the first official business day in the month of January - next following his election and shall end when his successor has been duly elected and has qualified. The first order of business at the first official council meeting in January shall be the swearing in of the newly elected members of the council . The council- shall be the judge of the election of its members. Section 2.09, paragraph 2, INVESTIGATION OF CITY AFFAIRS.. Any member of the• council may request in writing any specific information relating to anj department via the City Mann.er. The City Planar~ shall respond •i n uri ti ng within a reasonable period of time. • Section 4.03, PRIMARY ELECTIONS. °theeeoun 417sha1-=1-when ever-reur-; -4 --o r-mere-eaHdidates- bave-fi4ea-fore any-ei-tyw4de-e;f4ee-ere fare eeuae41-maneofeaay-ward;-erewards;-prev de throegh-oldinanee-ear-reselut}ene fermi-pf4m-ary-e4eetionetoeb held;ee4t w de-ore4ne any particular-waxdy--er ewards and-suFk-prima ryee4eet ion-shalel-beehe-id-on-a-date-net-4ess than-X3'13-days-prier-tee the-general-eleetien7--The—ceur;ea lemay s-wherever^-three-or mer=e-candidates-have-f=iled-for-any-elt; wide-effieeieer=-€ereeou3eilman-e easy-wards-or= wards ep revide-thFoug`i-eedinance-erereseltit4one for epfimaryeeleet4eneteebee ield,- eltywide-arc-inear y-par'tieu4arewarid;-•ee-wands.-and-5 ch-primary-eleet:a one shall-be. - held-en-a-date-net-less-than-39-days-prier-to-thee general-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. Section 4.05, JUDGES AND CLERKS OF ELECTION . ' The council shall at least 0-9--ten-days 25 or 30 days (according to state statutes) before each municipal election appoint three qualified voters of each voting precinct to be judges of elections therein and two qualified voters of the same precinct to be clerks of election , or as many more or less as may be determined by the council . No person signing or circulating a petition . of nomination of candidate for election to office or any member of a committee petitioning a referendum or recall shall be eligible to serve as a judge or clerk of such election. • • • • PUBLIC HEARING ON PROPOSED - CHARTER CHANGES (CONTINUED) PAGE 2 • • • Section 4.08, CANVASS OF ELECTIONS MD TAKING OF OFFICE, The Council _shall meet and canvass the election returns within f*ve .seven calendar days after any regular or special elections, and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk, and said statement shall- be made a part of the minutes. Section 5.02, EXPENDITURES BY PETITIONERS. No member of any initiative , referendum, or recall committe, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, .but this shall not prevent the com5izto,_from paying for legal advice and from incurring an expense - not to. exceed - O-$9" for stationery, copying, print r jb and notaries ` fees . Any violation of the provsions of this section is a4iStirgt,a4r, subject to a fine not less than $50, not to exceed $200. . • Section 5.08, INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the electors voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the city< Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each • ''`separately. In case of inconsistency between two initiated ordinances approved at one election , the one approved by the higher percentage of electors voting and have at • least 55% of the votes cast on the question shall prevail to the extent of the inconsistency. Section 5.19, PENALTY FOR FALSELY ATTESTING TO ANY SIGNATURE ON A PETITION. Any person circulating a petition for the initiation of an ordinance, the initiation of charter are endments , for a referendum or the recall of an elected official , shall be guilty of -'-a emeanor and shall be fined not less than $50 for' falsely attesting to any signature on the petition. • Electors forming themselves .into a committee for the..purpose of circulating a petition shall provide each circulator of such petition with a`copy of this section of the Charter. Section 6.O' , SUBORDINATE OFFICERS. There shall be a city clerk, city treasurer, city attorney and such other officers subordinate to the city -manager as the council may provide for by ordinances. The city attorney s-hal-l-be-appointed-by-the-eeunetl and/or the legal officer(s) shall be appointed by the city manager with the approval of the council . The city clerk shall be subject to the direction of the city manager and shall have such duties in connection with the keeping of the public records , the custody and disbursement of the public funds , and the general administration of the city's affairs as shall be ordained by the council . He may be designated to act as secretary of the council . The council may by ordinance abolish offices which have been created .0■ y ordinance, and it may combine the duties of various offices as it may see fit. • • • ''NUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 3 . • • Section 6.05 , PURCHASES AND CONTRACTS . The city manager shall be the chief purchasing agent of the city. All purchases on behalf of the city shall be made, and all contracts let, by the city manager, provided that the approval of the council must be given in advance whenever the amount of such purchase or contract exceeds $1-099:98 - $5,000.00. All contracts , bonds , and instruments of every kind to which the city shall be a party shall be signed by the mayor on behalf of the City as well as by the city manager, and shall be executed in the name of the city. • Section 6.06, CONTRACTS, HOW LET, In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city, which require an expenditure of more than $I 3098:90 $5 .000.00, unless the council shall by an emergency ordinance otherwise provide, the city manager shall advertise for bids by at least 1-5-.10 days published notice in the official newspaper. Contracts and purchases in excess 1990799 $5,000.00 shall be let to the lowest responsible bidder as determined by the council , The council may, however, reject any and all bids . Nothing contained in this section shall prevent the council from contracting for the doing of work with patented processes , or from the purchasing of patented appliances. Section 7.02 , POWER OF TAXATION. 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 the amount of taxes levied against real and personal propety within the city for general city purposes shall not exceed 30 16 mills on each dollar of the assessed valuation of the property taxable in the city. In calculating such limit the assessed value of property used for homestead purposes shall be determined as. now provided in tlinnesota Statutes, Section 273.13, •Subdivision 7a. Section 7.02, Section B, POWER OF TAXATION . The city council may also levy a tax in any year against real .and-pefsenal• property within the city in addition to said 39 16 mill limitation and the levies specified: s • • Section 7.03, BOAR8-OF-E9UALI• ATIGN BOARD OF REVIEW. The council shall constitute a board of egtialiatran review and shall meet as such in the usual place for holding council meetings to equalize the assessed valuations according to law, and a published notice of such meeting shall be given in the official newspaper of the city at least fifteen ten days prior to the day of said meeting. Section 7.04, paragraph 2 , PREPARATION OF ANNUAL BUDGET, In parallel columns shall be added the amounts expended under similar heads for the two preceding fiscal years , and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures , the city manager shall prepare ..a d°tailed statement of revenues collected for the two preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the council at its first regular monthly meeting in August September. l • . . 0 1 • • PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) • PAGE 4 • Section 7.05 , PASSAGE OF THE BUDGET. The budget shall be the principal item . of business at the first regular monthly meeting of the council in Augdst September, and the council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetingsshal.l he so conducted as to give • interested citizens a reasonable amount of time in which ch to be heard; and an opportunity to ask questions . 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 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 plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget during-the-month-e€- September not later than the last council meeting in October by ordinance which . shall set forth the total of the budget and the totals of tie major divisions of . the budget, according to the plan indicated in Section 7.04. Section 7.09, LEVY AND COLLECTION OF TAXES. On or before the 5th-ef-Oeteber first council meeting of November each year 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 10th of Getol3er November, a 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 reqiured 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. • Section 7.14, ACCOUNTS AND REPORTS. The city manager shall be the chief accou- rig officer of the city and of every branch thereof, and the council may prescrib enforce proper accounting methods , forms , blanks, and other devices consistent = nth the law, this charter, and the ordinances in accord with it. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds , the amount spent or chargeable against each of the annual budget allowances and the balances left in each, and such other information relative to the finances of the city as the council may require. The council may at any time and shall annually provide for an audit of the city finances by a certified public accountant or by the department of the state authorized to make examinations of the affairs of municipalities. On or before the first day of-April- 'June in each year. the city manager shall prepare a complete financial statement in form approved by the council of the city's financial operations for the preceding calendar year, which statement may be published in such manner as the council may direct and a summary thereof shall be published in the official newspaper on or before Apri4 June 10th of ,teach year. • • • • • PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 5 • Section 7.17, DEBT AND TAX ANTICIPATION CERTIFICATES . (a) If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, as provided for in the budget, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed eighteen months and to bear interest at not more than six-percent-per•-annual allowable by State Statutes . A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at least four of the members of the council ; the ordinance, may if deemed necessary, be passed as an emergency ordinance. • (b) For the purpose of providing necessary moneys to meet authorized expenditures ,- the council may issue certificates of indebtedness in any year prior to the receipt . of taxes payable in such year, on such terms and conditions as it may determine , bearing ' interest at a rate not to-ex Geed-s4 -pefeent-per-annun more than allowable by State, • Statutes; provided that such certificates outstanding at any one time shall not exceed - . forty percent of the tax levy payable in the current year belonging to the fund for the benefit of which the borrowing is authorized. Section 8.05, PUBLIC WORKS: HOW PERFORMED. Public works including all local ,mprovements , may be constructed, extended, repaired and maintained either by contract ' r, if the estimated cost is less than one-thousand• five thousand dollars , directly by day labor. Before receiving bids the city manageisnal1 , under• the direction of the .City Council , have suitable plans and specifications prepared for the proposed . • • material or project and the estimate of the .cost thereof in detail . The award of any - • contract amounting to more than ten thousand dollars shall require a fourth-fifths vote of the City Council . When the best interest of the city will be served thereby, the City Council may organize a construction department under competent supervision and provided with suitable equipment. Section 10.04, POWER OF REGULATION RESERVED. The city shall have the right and power to regulate and control the exercise by a corporation , co-,partnership, person • or other entity, of any franchise', however. acquired, and whether such franchise has been heretofore granted by ethe Vi-lgage-Ci ty of- Fridley or by the State of Minnesota, or shall hereafter be granted by the city or by the State of iinnesota. Section 10.05, RATES AND CHARGES. Every publ4c- iti44ty franchisee making use of the street or public places within the city shall give courteous , efficient and adequate service at reasonable rates . A reasonable rate shall be construed to be one which will , with efficient management, normally yield a fair return on all property used and useful in furnishing service to the city and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates , fares or charges to be charged by any publie-utility franchisee for service rendered to the city or to any person , persons , firm or corporation within the city shall be made, possible, by direct negotiations between the pub44e-utitity franchisee and the council . In case of failure to reach an agreement by this method within a reasonable time the council may, in its discretion, agree' to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of the rates , fares or charges to be made by the pub45e-ut 4ity{ franchisee; provided , however, that the rates, fares or charges so fixed by arbitration shall not be binding • on the city for more than five years. • • PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) • • PAGE 6 Section 10.06, PROVISIONS OF FRANCHISES . (a) Every franchise shall contain, among other things , provisions relating to the following: (1) The term of the franchise granted, which shall not exceed 25 years. (2) Rates , fares and charges to be charged. by the publ4c-ut445ty franchi see in compliance with the terms and provision of Section 10,05.. (3) The rights reserved to the city in connection with the erection of poles , masts or other fixtures •in the -streets or public places and the attachment of wires thereto, the laying .of tracks in or of pipes or conduits under the streets or public places , • and the placing in the streets or other public places of any permanent or semi- permanent fixtues or equipment by the publ4e-ut41-4ty franchisee. (4) The prompt repair by the publ.e-utility franchisee of all damages to the public streets , alleys and public property occasioned by the acts of omissions of the publle-utility franchisee. (5) The rights of the -city to have access to all books , records and papers of the publie-utility franchisee which in any way deal with, affect or record its operations within and pertaining to the city and pertaining to property and equipment used and useful in furnishing service to the city and its inhabitants . (b) Every franchise may shall contain, among other things , provisions relating to the following:' (1 ) The power and right of the city to submit to arbitration the fixing of any rates, ' fares or charges to be made by the pub14e-ut444ty franchisee (2) The right of the publie-et}44ty franchisee to receive upon condemnation proceedings brought by the city to acquire the publie-utility franchisee compensation for its franchise or the value thereof, if any. �~ Section 10.09, PUBLIC HEARINGS . Before any franchise ordinance is adopted or any rates , fares or charges to be charged by a publ4e--uti44ty franchisee are fixed, .there shall be . a public hearing by the council in regard thereto. Notice of such public hearing shall be given by published ntoi ce at least once in the official newspaper not less than twenty (20) days prior to' the date of such public hearing. Additional notice of such public hearing may be given in such manner as the council shall determine. • Section 12 .07, VACATION OF STREETS. The council shall have the exclusive power, by ordinance passed by a vote of at least four members of the council , to vacate or discontinue highways , streets , easements , and alleys within the City. Such vacations may b made only after notice, and hearing of affected property owners, and upon such further terns, and by such procedure as the council may by ordinance , prescribe, A record of • each such vacation shall be filed in the office of the Register of Deeds of Anoka County. • • 0 • 4 • • PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 7 • reef}en-}2:1 ;-TENTUR ;-P8'BIERS-AWD-DYTIES-BF-PRESS-NT-UFFIEERS:--UPen-the-effeeti-ve date-ef-the-Charter-and-until-the-f4rst--Handay-a`ter-the-1 F5t-Tuesday-}n-January, 4958,-the-Bayer-e7-the-V444acge-e-`-Fr}d4 y-at-the-time-et-the-e7Teet4ve-daze-et-t` i.s • Chaff ter-sha44-serve-as-Player-et-the-£ ty-e7-Fr4dTey;-and-the-Ceuneigmen-e--sard- V441age-at-the-tithe-ef-tree-e;teetive-date-ef-th-is-charter-shaTT-be-and-shall-se Fve • - as-memees-ef-the-G4ty-Eeune4T Section T2:12 12.11 (Section number changed) , APPLICATION OF GENERAL LAWS, Section 12:43 12.12 (Section number changed) , EXISTING ORDINANCES , REGULATIONS, BOARDS AND COMMISSIONS CONTINUED. Section 12744 12.13 (Section number changed) , PENDING CONDEMNATIONS AND ASSESSMENTS • • ATTEST: - • • MARVIN C. BRUNSELL -- CITY CLERK PLEASE PUBLISH JUNE 18th AND 25th 1975 • • • • • • • • • • • • • • • • 15 . REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 15 1 . . • ...•••N CONSIDERATION PAYMENTS DUE IN 1973 . ! ...•••N CONSIDERATION OF A RESOLUTION CrNCELLING SPECIAL . ON LOTS 3 AND 4, BLOCK 2, HAYES RIVER LOTS: • Councilman Breider questioned if the City had an agreement to pay the assessments on ( i Minder's lots. Mayor Nee said he believed that the seller was to pay to a certain point - • f • and the City to pay the remainder. Councilman Breider said he did not understand the • taxes. Mayor Nee asked the Finance Director if the City had agreed to pay the assess- • • ' ments. The Finance Director said the property owner was to pay the assessments up - t • • until 1972 and the City was responsible for tie remainder. k Councilman Breider mentioned thatthe Islands of Peace was to be a topic at the upcoming I discussion meeting of the Council had he said he would like to table this consideration until after all of the aspects had been discussed. . ' , MOTION by Councilman Breider to table the consideration of the resolution cancelling i • the special assessment payments due in 1973 on Lots 3 and 4, Block 2, Hayes River { I • Lots. Seconded by Councilwoman Kukowksi. UPon a voice vote, all voting aye, Mayor ' Nee declared the motion carried unanimously. • • I CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY ' I .01 FPIDLEY: • MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance amending I I • the City Charter of the City of Fridley in the title down to the •wordi'ng; "The changes I. # - • are as follows". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, • E Mayor Nee declared the motion carried unanimously. 1 • MOTION by Councilman Starwalt to adopt the first reading of the ordinance in Section • 2.03, paragraph 6, ELECTED OFFICIALS as proposed. Seconded by Councilwoman Kukowski. - i Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. e. MOTION by Coucnilman Starwalt to adopt the first reading of the ordinance in Section 1 2.06, repealing Section 2.06. Seconded by Coucnilwoman Kukowski. Upon a voice vote, c . all voting aye, Mayor Nee declared the motion carried unanimously.' ordinance for rdi of the di first MOTION by Coucnilwoman Kukowski. to adopt .the rst reang o on . i ! Section 2.06A, repealing Section 2.06A. Seconded by Councilman Starwalt. Upon a voice 1 I vote, all voting aye, Mayor Nee declared the motion carried unanimously. I• MOTION by Councilman Starwalt to adopt Section 2.06, a number change from Section 2.07, . Mayor. Seconded by Councilman Breider. Upon a voice vote; all voting aye, Mayor Nee . 4: declared the motion carried unanimously. f . . ' j MOTION by Coucnilman Starwalt to adopt the first reading of the ordinance amending Section 2.07, a number change from 2.08, Salaries and Expenses. Seconded by Council- • woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending • 'r. • Section 2.08, paragraph 2, Investigation of City Affairs. Seconded by Councilman • • 1 I Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by.Councilwoman Kukowski to adopt the first reading of Section 2.09 a Section number change from Section 2.10, Interference with Administration. Seconded by Council- 5; man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ? t t unanimously. MOTION by Councilman Fitzpatrick to adopt Section 4.03 on first reading, Primary • Elections, as recommended. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ! • The City Attorney brought up a point concerning the language of the proposed amendment. . • • He said the wording should be that if there are one or two nominees for each elective `i •• • office and he questioned if the language would read if there was only one nominee for ; V the elective office would there he a primary. He said this language should be cleaned ( '. up. He said he thought the idea of the amendment was a fine one, but he did not like the way it was written. The City Attorney suggested the Council pass the first . • reading and send it back to the Charter Commission for this minor modification. • Councilman Fitzpatrick asked if the language was intended to mean two or fewer. Council- .. man Breider said the Council could not change any language. Mayor Nee questioned if the ' [•:,. item should he sent back. The City Attorney again questioned what would be the case if • one person filed. . • i j REGULAR COUNCIL MEETING.OF JULY 21, 1975 PAGE 16 /....\ . E The Finance Director said the section could be adopted so it would not appear on the ballot. • The City Attorney said the Council could ask the Charter Commission for modification - in the language and he thought on this type of change they would concur. Mayor Nee said he would call for a vote on the concept of the amendment with the suggestion that the t • • language be modified.. ' MOTION by Councilman Fitzpatrick to adopt the first reading of Section 4.05, Judges i . and Clerks of Elections. Seconded by Councilman Breider. Upon a voice vote, all f . voting aye, Mayor Nee declared the motion carried unanimously. }1 L MOTION by Coucnilman Fitzpatrick to adopt Section 4.08, Canvass of Elections and Taking F • Office. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee -k • declared the motion carried unanimously. . MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend Section i 5.02, Expenditures. Petitioners. Seconded by Councilman Breider. - Councilman Breider said he would like to interject hi: comments. Councilman Breider J•• said he is going to vote against the motion because tie City Attorney had advised the Council that the offense under the State Statutes that this is determined to be a • ' misdemeanor.. He said what is trying to be done could be done in another way. • The City Attorney said he questioned if the City Council would have the authority • r • to change this since it was done by State Legislation. Councilman Breider said he felt _ i 1 this section should go back to the Charter Commission for a better suggestion. Mayor 1 3 . Nee said he agreed that the dollar amount should be included. Councilwoman Kukowski ! 1 • said she was prepared to vote against the amendment. Councilman Fitzpatrick asked if this section should be amended at all. • • • UPON A VOICE VOTE, ali voting nay, Mayor Wee declared the MOTION FAILED UNANIMOUSLY. • MOTION by Councilman Braider to adopt the first reading of the ordinance in Section 5.08, Inititive Ballots. Seconded by Councilman Starwalt. Councilman Breider said he would be noting against this amendment because he thought ' - - t t . this is one item that should appear on the ballot. He said the voters should have the ° t . right to say yes.or no on this item. • UPON A VOICE VOTE, all voting nay, Mayor Nee declared the motion FAILED UNANIMOUSLY. . MOTION by Coucnilman Breider to adopt the first reading of the ordinance amending i I - Section 5.19, Penalty for Falsely Attesting to any Signature on aPetition. Seconded by Councilman Starwalt. . . - . Councilman Breider said he would vote against this section being amended. He said he ' felt this should be returned to the Charter Commission. He also mentioned the second 1 paragraph could be dealt with in pamphlet form rather than giving the circulator g" I a section of the City Charter. He said he was not sure that this should be done by { • means of the Charter when it could be done on an administrative level. Councilman Starwalt said he agreed with the statements of Councilman Breider, but - he felt the last paragraph could stay in the Charter. Councilman Breider said by putting this in the Charter is pu.- gig undue pressure on the circulators. He said - t if the Charter says this must be c' this just allows for another way to technically I violate the law. Councilman Stars:: ' said many people arc not even aware that the City Charter exists. He felt this would be one way to make them aware of the • . Charter. . Councilman Breider said if he was to circulate a petition and call 50 people' for a _• 1 three hour session on the criteria that would have to be met, if the Charter is t I amended, and they are educated, this would not be sufficient. Councilman Starwalt • /.N said when they were speaking of giving copies of the Charter, he felt this would mean the original five people on the petitioning committee. •Coucnilman Breider quoted • .the Charter amendment and said "each circulator" must be given a copy of this section • of the Charter. He said the Charter criteria would not meet the criteria of the law. The City Attorney said he did not.think it did. . • . Councilman Starwalt said he thought it would be okay to send this portion-0T the ' . amendments back to the Charter Commission. Councilman Breider said he thought this • section would have to be done in a more suitable manner. Councilman Breider said this ' tune of thing should be nandled administratively through the Finance Director's office. • e • • , 7. j .REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 17 . • UPON A VOICE VOTE, on the motion to amend Section 5.9, all voting nay, Mayor Nee declared the MOTION FAILED UNANIMOUSLY. • MOTION by Councilman Breider to adopt the first reading of the ordinance amending _ I - •Section 6.04, Subordinate Officers. Seconded by Councilman Starwelt. . Mayor Nee said he has had a problem with this section because of two conflicting • views by the League of Women Voters and the Fridley DFL. • 1 . Councilwoman Kukowski said she approved of the amendment. She explained that the I- . • City Attorney should basically work for the Council. She said she felt the City - + • Council could evaluate the work of the City Attorney better than the City Manager. Councilman Breider said he took the opposing view. Councilman Breider said he felt t ' • • very strongly that the City Attorney should be accountable to the City Manager as every - other administrative office is. He mentioned that the City Council does not have a . day to day experience on the general administrative aspects. He said he felt it would be a handicap to the City Manager to not be able to determine who his legal people are . - • and who he i- going to work with. • . Councilman Fitzpatrick said he did not feel that there was a great deal of difference • between the legal counsel and the other advisory people the City hires such as the. City Engineer. He said the City hires the City Attorney to give the City technical ? ! advice and he should be appointed by the City Manager and approved by the Council. ' • Councilman Breider said the amendment is dually responsible for the method of - I appointment of the City Attorney and the Prosecuting Attorney. He said currently r + . the Prosecuting Attorney is Carl Newquist. Councilman Breider said the Prosecuting I f • Attorney has to work directly with the Police Department and the City Council would t j • have no way to evaluate his performance. Councilman Breider brought up the point that ; I • i some people say the success of the Prosecutor is measured by the number of cases that i he wins. He questioned this criteria by saying some Prosecutors will not take any ; i ti cases they are questionable• about winning. He said this type of circumstance is very bad.for the police officers moral. He again said the City Council has no way of i evaluating, this has to be done by the Police Department. - - Mayor Nee said there had been some very profound thinking expressed at the current I meeting. • Councilman Starwalt said he did not think the amendment would solve the problem. • He suggested that this be sent back to the Charter Commission. - Councilman Breider said it had been discussed by the Charter Commission and he felt • that it would not need any more consideration by them. . • . . Councilman Breider said if the City Council does not adopt this amendment, ha felt that i. it should be placed on the ballot. - UPON A VOICE VOTE, Mayor Nee voting aye, Councilman Breider voting • aye, I{ .1 Councilman Starwalt voting aye, and Councilman Fitzpatrick votins aye, and Councilwoman • Kukowski voting nay, Mayor Nee declared the MOTION FAILED because it lacked a . unanimous vote. • - ' MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance for Section • ° 6.05, Purchases and Contracts. Seconded by Councilman Starwalt. Councilman Breider said he would vote in favor of this Charter Amendment because he felt the current Charter language had been written 20 years ago. He mentioned the raise in the cost of living since that time and thought the $5,000 would be more realistic. . 1 • [ The Finance Director said this amendment had been suggested because the State Statutes . allow expenditures up to $5,000. He said the City would still require receiving two • quotations. He mentioned that the auditors hol1 the City to what the State Statutes say. He said this is spelled out with the State for purchases for municipalities. . The City Attorney said this amendment would put the Charter in line with the State Statutes and inline with what all other municipalities are authorized to do by law. • . Mayor Nee said he felt this determination should be made by the people. - i '^ • • The City Manager said they had received the opinion from the City Attorney and the ' i_z__--.___ .L_. al_ rx.." t.. ....._.. I—. at... Casa.. C.2..4.. Il.. ..,....4.2.......1 4.4.,f ftir f 4f-.. . I . .. . , . REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 18 i was able to make purchases up to $1,000 with no additional quotation, but it has • to receive quotations up to $5,000. He said there would still he some restrictions. Mayor Nee said he felt the City Charter could be more restrictive than the State i Statutes. • The Finance Director said-the City had received an opinion from the- City Attorney . on this some time ago. He asked if this was available. The City Attorney said he - • could not recall the opinion. t Mayor Nee said he would go along with the $2,000 or $3,000, but questioned the $5,000. tJ • • UPON A VOICE VOTE, Councilman Breider voting aye, Councilman Starwalt voting aye, - , Councilman Fitzpatrick voting aye, Councilwoman Kukowski voting aye, and Mayor Nee - voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS VOTE. . MOTION by Councilman Starwalt to adopt the first reading of the ordinance for Section t • 6.06, Contracts, How Let. Upon a voice vote, Councilman Starwalt.voting aye, Council- i f man Fitzpatrick voting aye, Mayor Nee voting nay, Councilwoman Kukowski voting aye, and I Councilman Breider voting aye, Mayor Nee declared -the motion FAILED FOR LACK OF A ; UNANIMOUS VOTE. MOTION by Councilman Breider to adopt the first reading of the ordinance amending 1 • Section 7.02, Power of Taxation. Seconded by Councilwoman Kukowski. • Councilman Breider said he was going to vote in favor of the amendment because when the State reconstructed the market value this would have cut one half or one third and suggested amount -R more in line with what the needs of the City are. r UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. 1 i • . MOTION by Councilman Breider to adopt the first reading of the ordinance amending f Section 7.02, Section B, Power of Taxation. Seconded by Councilwoman.Kukowski. Mayor Nee said he saw where the revenue in this section had to be adjusted but he r did not agree that the "personal property" should be eliminated. He said he did not i • feel that this should be taken from the tax base. 1 • The City Attorney said the State limited the authority of the City to tax personal . - property. The City Attorney questioned if there are any taxes collected in the city from personal property.The Finance Director said in some instances, machinery and public utilities are taxed. He said the City does not have the personal property tax base as it once had. He said f. ! • this would only apply to the limited items such as signs. The Finance Director said there is not a separate tax base for personal property. He said it would have to be • • i one way or the other. - • The Finance Director said there is no way that the State Statutes could be changed. He questioned if this part could be laid over. . . . UPON A VOICE VOTE ON THE MOTION, all voting aye, Mayor Nee declared the motion carried - unanimously. (Note: Later in the discussion, this question was split in two parts t • on this section of the amendment.) . The City Attorney stated he felt this question should be divided in this section. i MOTION by Councilman Breider to reconsider the motion amending Section 7.02, Section r . B. Seconded by Coucnilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee - 1 declared the motion carried unanimously. • Mayor Nee said the question was before the Council again. !• MOTION by Councilman Breider to delete the portion of Section 7.02 B, "and personal". 'Seconded by Councilwoman Kukowski. Upon a voice vote, all voting nay, Mayor Nee • declared the MOTION FAILED UNANIMOUSLY. • . MOTION by Councilman Kreider to adopt the first reading of the ordinance in Section _ • 7.02, B, to change 30 mill limitation to 16 mill limitation. Seconded by Councilwoman ' Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • i 1 c • 19 • . • I REGULAR COUNCIL MEETING OF JULY 21, 1975 • PAGE 19 • I i ' • . . • MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending • Section 7.03 by changing Board of Equalization to Board of Review. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried . unanimously. j MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance amending • Section 7.04, paragraph•2, Preparation of Annual Budget. Seconded by Councilman i I Starwalt. Upon a voice vote, all voting nay, Mayor Nee declared the motion FAILED • UNANIMOUSLY. 1 • MOTION by Councilman Starwalt to adopt the first reading of the ordinance in Section I • 7.05, Passage of the Budget. Seconded by Councilwoman Kukowski. ) Councilman Breider asked why there was a recommendation for an amendment which - i • j would extend the time limit. Mayor Nee said because this is the way that it is always i done. • I # • The City Manager said this would be a realistic schedule. He said the City would not t know what they would be getting in aid before this time. He said the present time schedule is never followed and it is unrealistic. He mentioned the City always presents I • •a balanced budget and if they were not aware of the revenue side, they could not prepare j the expense side. • Mayor Nee said this is what the practice has been .in the past and he did not know if i i this is right. He said with the amendment, it allows for the administration to know the amount of money that they have and then they spend it. i j The City Manager said they would have to know what they have to present a balanced - ( . budget. 1 i UPON A VOICE VOTE, all voting nay., Mayor Nee declared the motion FAILED UNANIMOUSLY. ' i I MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance for Section • 7.09, Levy and Collection of Taxes. Seconded by Coucnilman Starwalt. Upon a voice. ! '•. vote, all voting nay, MAYOR NEE DECLARED THE MOTION FAILED UNANIMOUSLY. MOTION by Councilwoman Kukowski• to adopt the first reading of the ordinance for r Section 7.14, Accounts and Reports. Seconded by Councilman Starwalt. ! f I 1 The Finance Director explained that this would relate to whether the Council would i I want the report audited before publication. He stated that the audited report could . , j • • not be done before April because the audit is not available at this time. He mentioned t that this year the report had 'been published by April, but this was not an audited • I statement. i . • Councilman Breider asked how long it takes to get the statement audited. The Finance • Director said the auditors work in many places and there is not one place that they work . from the beginning of a statement to the end of it. I. 1 The Finance Director said the City does not have an audited report for the past year.- He explained that this is unusually late and they usually have the audit before May. `! f . Mayor Nee said the report does not really have to be audited for the purposes of I •• publishing it; The Finance Director agreed that it is really not necessary, but it • is nice to have it audited before publication. Mayor Nee asked if through the audit, there is ever any changes in the report or statement. The Finance Director said there ; i are minimal changes. He said the auditors do not always look at things the way the i ' ' Administration does. I Mr. Bill Scott asked if there is a notation made on the audited report where changes • - are made and the Finance Director said yes. i • 1 Mayor Nee said the report that is published would not change to the extent to fully - i discredit the City. The Finance Director said the changes are minimal. He said he • would rather publish an audited report and say that the report is audited. UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilman Breider voting nay, 1 • Councilman Fitzpatrick voting nay, Mayor Nee voting nay, and Councilwoman Kukowski • .voting nay, Mayor Nee declared the motion FAILED, four nays and one aye. 1 ' MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending 1 I • Section 7.17, Debt and Tax Anticipation Certificates-, Section (a). Seconded by j . Councilwoman Kukowski. Upon. a voice vote, all voting aye, Mayor Nee declared the LO REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 20 1 � ' - ' MOTION by Councilman Breider to adopt the first reading of the ordinance amending Section 8.05, Public Works: How Performed. Seconded by Councilman Starwalt. • . •• The City Manager said this section is being recommended for adoption to allow the . • provisions to be in line with the State Statutes. He added, if the Council desired, } • the Administration would bring back a report on the way that this is being done. Mayor t Nee said he felt the City could have stricter regulations than the State. • •t UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilman Fitzpatrick voting aye, Counnilman Breider voting aye, Councilwoman Kukowski voting aye, and Mayor Nee voting nay, Mayor Nee declared the motion FAILED FOR LACK OF A UNANIMOUS VOTE. •• MOTION by Councilman Breider to adopt the first reading of the ordinance amending Section 10.04, Power of Regulation Reserved. Seconded by Councilman Fitzpatrick. Upon 1,1 . a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' • MOTION by Councilman Fitzpatrick to adopt the.first reading of the ordinance amending I Section 10.05, Rates and Charges. Seconded by Councilwoman Kukowski. Mayor Nee said he did not know why thisamendment was being suggested. He stated that the only franchisees that the CIty has are Cable Television and the Gas Company. The City Attorney said he may have suggested this amendment to give broader coverage. 1 • He said he had questioned if the Cable Television System could be determined as a public utility. . Mayor Nee said this would exempt the phone company and Northern States Power Company. ' ! j • He said they cannot obtain a franchise inthe City of Fridley. 1 The City Manager said this would go under the provision of public utilities. Mayor i Nee said if the ordinance is adopted, public utilities would be stricken and franchisee t n would be put in its place. Councilman Fitzpatrick said he believed the amendment should read both "public utilities and franchisees". •1 Councilman Breider said this section should be sent back to the Charter Commission for revision. . • , . UPON A VOICE VOTE, Councilman Starwalt voting aye, Councilwoman Kukowski voting nay, i. Councilman Breider voting nay, Councilman Fitzpatrick voting nay and Mayor Nee voting - - i nay, Mayor Nee declared the MOTION FAILED, one aye and four nays. • MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance amending • . . Section 10.06, Provisions of Franchises. Seconded by Councilman Starwalt. Mayor Nee said he agreed with the suggested wording of the Section heading of Section (b). Councilman Breider said he felt the entire section should be sent back - to the Charter Commission. UPON A VOICE VOTE, all voting nay, Mayor Nee declared the MOTION FAILED UNANIMOUSLY. f MOTION by Councilman Breider to adopt the first reading of the ordinance to amend Section 10.09, Public Hearings. Seconded by Councilwoman Kukowski. Upon a voice • i vote, all voting nay, Mayor Nee declared the motion FAILED UNANIMOUSLY. . • MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance amending . • Section 12.07, Vacation of Streets. Seconded by Councilwoman Kukowski. Upon a voice .� • vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • I MOTION by Councilman Fitzpatrick to adopt the first reading of the ordinance to amend - Section 12,11, Tenure, Powers and Duties of Present Officers, deletion of Section. • Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • • • • . MOTION by Councilman Fitzpatrick to adopt the first reading of th ordinance to amend Section 12.12, a number change to Section 12.11. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • ' ' MOTION by Councilwoman Kukowski to adopt the first reading of the ordinance to amend . . . . Section 12.13, Existing Ordinances, Regulations, Boards and Commissions, an number change from Section 12.13 to Section 12.12. Seconded by Councilman Starwalt. Upon • a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • . • 21 • .•{ REGULAR COUNCIL MEETING-OF JULY 21, 1975 PAGE 21 • MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend • .Section 12.14, Pending Condemnations and Assessments, a number change from 12.14 • to 12.13. Seconded by Councilwoman Kukowski. Upon.a voice vote, all voting aye, • • Mayor Nee declared the motion carried unanimously. The City Attorney said on November 16, 1969, he had prepared a memorandum concerning i a legal opinion on the matter of purchases by municipalities and their regulation by the State. He said in this opinion, it states that the State will overrule what the individual ' 1 municipalities Charters require. He said the State provision for the expenditure for $5,000 would be upheld. He said this opinion had been obtained from the Attorney • General's office. I {{ Councilman Breider said he did not really think this section should be given a dollar I • amount but should read "expenditures will follow the State Statutes". He said this ! ' 1 •# could be changed every few years. i1 i • r The City Attorney said the City would have no power of enforcement at all if this - was in the Charter. • Mayor Nee saio this inclusion would be meaningless 'if the State provisions overrule t I . the City's requirements. 1 • • Councilman Starwalt said he felt the Charter Commission should be advised of this fact. i • . Mayor Nee said he would be willing to withdraw his nay vote on this matter if it - ; 1 • would change the situation. He asked the City Attorney to talk to the members of the '' . Charter Commission. He said the City Charter should conform with the State Statutes } • and this reference should be deleted if it would have no effect at all. Mayor Nee i I said he would not object to this portion of the Charter being deleted if this `• I . would simplify the Charter. Il Councilman Breider said he thought this would make sense. The City Attorney said the only purpose that the inclusion of this information would serve is to inform anyone - ' reading the Charter how these types of matters are handled. • I RESOLUTION NO. 123-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ' I t ° ON LOTS 12 AND 13, BLOCK P. PARCEL 3475, AND LOT 14, BLOCK P, PARCEL 3480, RIVERVIEW . i i HEIGHTS ADDITION: MOTION by Councilman Breider to adopt Resolution No, 123-1975. Seconded by Councilwoman I 1 Kukowski. Upon a voice vote, all_ voting aye, Mayor Nee declared the motion carried I unanimously. , . RESOLUTION NO. 124-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS i 1WLOT 32, PARCEL 3570, AND LOT 33, PARCEL 3575, BLOCK P, RIVERVIEW HEIGHTS ADDITION: f 1 MOTION by Councilman Breider to adopt Resolution No. 124-1975. Seconded by Councilwoman ; r Kukowski. Upon a voice vote, all votine aye, Mayor Nee declared the motion carried, • unanimously. RESOLUTION NO. 125-1975 - AUTHORIZING ?.No- DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS s ON LOT 42, PARCEL 3620; LOT 43, PARCEL 3625, ANDLOT 44, PARCEL 3630, BLOCK P, RIVERVIEW ` HEIGHTS ADDITION: ` . .i • MOTION by Councilman Breider to adopt resolution No. 125-1975. Seconded by Councilwoman • i Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried I \ unanimously. • 1 RESOLUTION NO. 126-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS f. • . .ON LOT 45, PARCEL 3635, LOT 46, PARCEL 3640, AND LOT 47, PARCEL 3645, BLOCK P, RIVERVIEW ! HEIGHTS ADDITION: ,.� _ MOTION by Councilman Breider to adopt Resolution No. 126-1975. Seconded by Councilwoman i 1 Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried I unanimously. - # RESOLUTION NO. 127-1975 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS • . ON LOT 1 , PARCEL 3665, LOT 2, PARCEL 3670 AND LOT 3, PARCEL 3675, BLOCK—0-, RIVERVIEW I AT f T11S AO5rT i • . MOTION by Councilman Breider to'adopt Resolution No. 127-1975. Seconded by Councilwoman Kukowski., Upon a voice vote, all voting aye, Mayor Nee declared the motion carried - • • 8 F- . PUBLIC HEARING ON PROPOSED CHARTER CHANGES • (OFFICIAL NOTICE) n CITY OF FRIDLEY There will be a public hearing before the City Council at 730 p .m. on July 14, 1975 to consider the following changes in the Charter of the City of Fridley. Language that is proposed to be added to the Charter is shown as follows: • New Charter language Language that is proposed to be deleted from the Charter is shown as follows: • Deleted-£hafter-laaaeage The changes are as follows: Section 2.03, paragraph 6 , ELECTED OFFICIALS. The term of mayor and of each councilman shall begin on the first official business day in the month of January next following his election and shall end-when his successor has been duly elected and has qualified. The first order of business at the first official council meeting in January shall be the swearing in of the newly elected members of the council . The council shall be the judge of the election of its members . Section 2.09, paragraph 2, INVESTIGATION OF CITY AFFAIRS. Any member of the council may request in writing any soecific information relating to any department e—Nvia the City Manager. The City Manager shall respond in writing within a reasonable period of time. Section 4.03, PRIMARY ELECTIONS. 1`he-eeene}a--steal-l-whenever-fear-(43-er-mere-eandi=dates- have-fled-fer-aey-ei-tyw4Ele-eff4ee-er-fer-eeuFte44mae-ef-aey-ward;-er-wards;-prev}de tareugh-erd}eamee-er-rese4ut4ee-fer-pf4 ary-eleet}en-to-be-held;-E}tyw4de-er-4R-aRy part}eular-ward;-er-weeds;-aed-sueh-primary-eleet4ee--shad-l-be--Ne•1d-©a-a-date-net-less thae-E394-days-pr4er-te-the-general-ele£t4ee.--The-eeene4l-may;-whenever-three-or mere-Sand}dates-hare-T4led-fer-any-e4t +w4de-eff4ee er-fer-eeuge4lmap-e#-any-ward;-er wards;-prev4de-tbreHtH-erdieaeee-er-reseltt4en-€er-pf4 ary-e4eet}ee-te-be-he4d;- e}tysYde-er- e-aey-part}eudaf-ward;-er-tards--aed-such-primary-e4eeti-eR-sAal4-be- held-ee-a-date-net-less-than- 9-days-grief-to-tie-genet al-elcetieB7- 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. Section 4.05, JUDGES AND CLERKS OF ELECTION . The council shall at least E1-04-ten-days 25 or 30 days (according to state statutes) before each municipal election appoint three qualified voters of each voting precinct to be judges of elections therein and two qualified voters of the same precinct to be clerks of election , or as many more or less as may be determined by the council . No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning a referendum or recall shall be eligible to serve as a judge or clerk of such election. • • • • • 8A PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 2 Section 4.08, CANVASS OF ELECTIONS AND TAKING OF OFFICE, The Council .shall meet and canvass the election returns within ffv-e seven calendar days after any regular or special elections , and shall make full declaration of the results as soon as possible and file a statement thereof with the city clerk, and said statement shall be made a part of the minutes . • Section 5.02, EXPENDITURES BY PETITIONERS . No member of any initiative , referendum, or recall committe, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise , • for service rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $50.00 for stationery, copying , printing, and notaries' fees . Any • violation of the provisions of this section is a n..sdemeanor, subject to a fine not less than $50, not to exceed $200. Section 5.08, INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the electors voting on any such ordinance vote in favor of it , it shall thereupon become an ordinance of the city. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each ■.• separately. In case of inconsistency between two initiated ordinances approved at one election , the one approved by the higher percentage of electors vet4ng and have at least 55% of the votes cast on the question shall prevail to the extent of the inconsistency. Section 5. 19, PENALTY FOR FALSELY ATTESTING TO ANY SIGNATURE ON A PETITION. Any person circulating a petition for the initiation of an ordinance, the initiation of charter amendments , for a referendum or the recall of an elected official , shall be guilty of a misdemeanor and shall be fined not less than $50 for falsely attesting to any signature on the petition. Electors forming themselves into. a committee for the purpose of circulating a petition shall provide each circulator of such petition with a copy of this section of the Charter. Section 6 .04, SUBORDINATE OFFICERS. There shall be a city clerk, city treasurer, city attorney and such other officers subordinate to the city manager as the council may provide for by ordinances. The city attorney stha41-be-appo4nted-by-the-eerine 41• and/or the legal officer(s) shall be appointed by the city manager with the approval of the council . The city clerk shall be subject to the direction of the city manager and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds , and the general administration of the city's affairs as shall be ordained by the council . He may be designated to act as secretary of the council . The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. • • • 8B PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 3 Section 6.05 , PURCHASES AND CONTRACTS , The city manager shall be the chief purchasing agent of the city. All purchases on behalf of the city shall be made, and all contracts let, by the city manager, provided that the approval of the council must be given in advance whenever the amount of such purchase or contract exceeds $1-1999-89 $5,000.00. All contracts , bonds , and instruments of every kind to which the city shall be a party shall be signed by the mayor on behalf of the City as well as by the city manager, and shall be executed in the name of the city. • Section 6.06 , CONTRACTS , HOW LET, In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city, which require an expenditure of more than $1:;999:99 $5 ,000.00, unless the • council shall by an emergency ordinance otherwise provide, the city manager shall advertise for bids by at least 16 10 days published notice in the official newspaper. Contracts and purchases in excess 51-,999:99 $5 ,000.00 shall be let to the lowest responsible bidder as determined by the council , The council may, however, reject any and all bids . Nothing contained in this section shall prevent the council from contracting for the doing of work with patented processes , or from the purchasing of patented appliances . Section 7.02 , POWER OF TAXATION. The city shall have, in addition to the powers by /.N 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 the amount of taxes levied against real and personal propety within the city for general city purposes shall not exceed 39 16 mills on each dollar of the assessed valuation of the property taxable in the city. In calculating such limit the assessed value of property used for homestead purposes shall be determined as now provided in Minnesota Statutes , Section 273.13, Subdivision 7a. Section 7.02 , Section POWER OF TAXATION . The city council may also levy a tax in any year against real and-pefseita1 property within the city in addition to said 39 16 mill limitation and the levies specified: Section 7.03, B0AR9-GF-EQUA6I.ZATIGN BOARD OF REVIEW. The council shall constitute a board of egi,la44 a-t}eB review and shall meet as such in the usual place for holding council meetings to equalize the assessed valuations according to law, and a published notice of such meeting shall be given in the official newspaper of the city at least ffifteen ten days prior to the day of said meeting. Section 7.04, paragraph 2, PREPARATION OF ANNUAL BUDGET. In parallel columns shall be added the amounts expended under similar heads for the two preceding fiscal years , and , as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures , the city manager shall prepare a detailed statement of revenues collected for the two preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of i''\ revenues for the ensuing fiscal year. The estimates shall be submitted to the council at its first regular monthly meeting in Augest September. 8C PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 4 Section 7.05 , PASSAGE OF THE BUDGET. The budget shall be the principal item of business at the first regular monthly meeting of the council in Augbst Seeptember, and the council shall hold subsequent meetings 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 . 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 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 plan indicated in Section 7. 04, The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget du;* tlg-the-meetlk-e September not later than the last council meeting in October by ordinance which 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. Section 7.09, LEVY AND COLLECTION OF TAXES. On or before the 5th-eh-Getebef first council meeting of November each year 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 10th of Oetel3er November, a 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 reqiured 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. Section 7.14, ACCOUNTS AND REPORTS . The city manager shall be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce proper accounting methods , forms , blanks , and other devices consistent with the law, this charter, and the ordinances in accord with it. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds , the amount spent or chargeable against each of the annual budget allowances and the balances left in each, and such other information relative to .the finances of the city as the council may require. The council may at any time and shall annually provide for an audit of the city finances by a certified public accountant or by the department of the state authorized to make examinations of the affairs of municipalities . On or before the first day of-Apri4 June in each year the city manager shall prepare a complete financial statement in form approved by the • council of the city's financial operations for the preceding calendar year, which statement may be published in such manner as the council may direct and a summary thereof shall be published in the official newspaper on or before Apri•4 June 10th of each year. • 8D PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 5 Section 7.17, DEBT AND TAX ANTICIPATION CERTIFICATES . (a) If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, as provided for in the budget, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed eighteen months and to bear interest at not more than six-pereent-per-annuf allowable by State Statutes . A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at least four of the members of the council ; the ordinance, may if deemed necessary, be passed as an emergency ordinance. (b) For the purpose providing necessary moneys to meet authorized expenditures , the council may issue certificates of indebtedness in any year prior to the receipt of taxes payable in such year, on such terms and conditions as it may determine , bearing interest at a rate not te-exceed-s4.x-pefeent-per-annum more than allowable by State Statutes; provided that such certificates outstanding at any one time shall not exceed forty percent of the tax levy payable in the current year belonging to the fund for the benefit of which the borrowing is authorized. Section 8.05, PUBLIC WORKS: H0W PERFORMED. Public works including all local ^improvements , may be constructed, extended, repaired and maintained either by contract or, if the estimated cost is less than ene-tbeusan4 five thousand dollars , directly by day labor. Before receiving bids the city manager shall , under the direction of the City Council , have suitable plans and specifications prepared for the proposed material or project and the estimate of the cost thereof in detail . The award of any contract amounting to more than ten thousand dollars shall require a fourth-fifths vote of the City Council , When the best interest of the city will be served thereby, the City Council may organize a construction department under competent supervision and provided with suitable equipment. Section 10.04, POWER OF REGULATION RESERVED. The city shall have the right and power to regulate and control the exercise by a corporation , copartnership, person or other entity, of any franchise; however acquired, and whether such franchise has been heretofore granted by the Vil-lae City of Fridley or by the State of Minnesota, or shall hereafter be granted by the city or by the State of Minnesota. Section 10.05 , RATES AND CHARGES. Every pub4ie-ut444ty franchisee making use of the street or public places within the city shall give courteous , efficient and adequate service at reasonable rates . A reasonable rate shall be construed to be one which will , with efficient management: normally yield a fair return on all property used and useful in furnishing service to the city and its inhabitants . This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value . Within these limits the determination of maxii;ium rates , fares or charges to be charged by any pub44e-e-t444ty franchisee for service rendered to the city or to any person , persons , firm or corporation within the city shall be made , r-Of possible , by direct negotiations between the pub44e-ut414ty franchisee and the council . In case of failure to reach an agreement by this method within a reasonable time the council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of the rates , fares or charges to be made by the pub44e-ut444ty franchisee; provided, however, that the rates , fares or charges so fixed by arbitration shall not be binding on the city for more than five years. gE PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 6 • Section 10.06 , PROVISIONS OF FRANCHISES. (a) Every franchise shall contain , among other.things , provisions relating to the following: (1 ) The term of the franchise granted, which shall not exceed 25 years. (2) Rates , fares and charges to be charged by the ebb1.4e-tit444 y franchisee in compliance with the terms and provision of Section 10.05 . (3) The rights reserved to the city in connection with the erection of poles , masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying .of tracks in or of pipes or conduits under the streets or public places , and the placing in the streets or other public places of any permanent or semi - . permanent fixtues or equipment by the pub44e-at444t:, franchisee. (4) The prompt repair by the pub44€-ut4 4ty franchisee of all damages to the public streets , alleys and public property occasioned by the acts of omissions of the publ4e-ut414ty franchisee. (5) The rights of the city to have access to all books , records and papers of the pabl4e-at4l4ty franchisee which in any way deal with, affect or record its operations within and pertaining to the city and pertaining to property and equipment used and . useful in furnishing service to the city and its inhabitants . (b) Every franchise riay shall contain, among other things , provisions relating to the following: (1 ) The power and right of the city to submit to arbitration the fixing of any rates, fares or charges to be made by the pub44e-et44ty -franchisee. (2) The right of the pul344e-ut}4ity franchisee to receive upon condemnation proceedings brought by the city to acquire the publ4e-ut444ty franchisee compensation for its franchise or the value thereof, if any. Section 10.09, PUBLIC HEARINGS . Before any franchise ordinance is adopted or any rates , fares or charges to be charged by a pue44e-at444ty franchisee are fixed, .there shall be a public hearing by the council in regard thereto. Notice of such public hearing shall be given by published ntoice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the council shall determine. • Section 12.07, VACATION OF STREETS. The council shall have the exclusive power, by ordinance passed by a vote of at least four members of the council , to vacate or discontinue highways , streets , easements , and alleys within the City. . Such vacations may be made only after notice, and hearing of affected property owners, and upon such further terms, and by such procedure as the council may by ordinance , prescribe, A record of each such vacation shall be filed in the office of the Register of Deeds of Anoka County. • • 8F PUBLIC HEARING ON PROPOSED CHARTER CHANGES (CONTINUED) PAGE 7 Secti-en-42:44;-TENTURE;-P8'-4ERS-AN9-9YTIES-81=-PRESENT-OFFICERS:--Upee-the-ef eetive daze-e7-the-Charter-and-eeti-1- he-4-4rst-Hepday-afte}-the-f4rst-Tuesday-4n-danuaFy; }958;-the-Hayer-e# ti9e-` 444age-e -Ff4dley-at- he-t4 ffle-ef-the-of€eet4ve-date-of-th4s Charer-sha44-se•rbe-as-Hayer-ef-the-£5ty--ef-Ff4d4ey;-and-the-Ceune44men-of-sa4d- V}4lae-at-the-time-ef-t19e-effeet4ve-date-ef-th4s-ebaFtef-sha44-be-and-sha4 -serve as-mem ers-ef-the-E}ty-eeHHe4l Section 1-2:12 12.11 (Section number changed) , APPLICATION OF GENERAL LAWS , Section 12713 12.12 (Section number changed) , EXISTING ORDINANCES , REGULATIONS , BOARDS AND COMMISSIONS CONTINUED. Section 12744 12 .13 (Section number changed) , PENDING CONDEMNATIONS AND ASSESSM'NTS • • • •