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CHA 01/29/2001 IF/1 TO: Charter Commission Members FROM: Deb Skogen, City Clerk C .�OF DATE: January 19, 2001 FRIDLEY SUBJECT: January 29, 2001 Meeting Happy New Year! The next Charter Commission meeting will be held on Monday, January 29Th at 7:00 p.m. in Meeting Room 1 in the Lower Level of City Hall. I have included a 2001 Calendar and a Membership List. Prior to the meeting, please take a look at the Membership List and be prepared to give me any corrections. During Administrative Matters there will be a discussion of an application for appointment to the Charter Commissioner from Scott "Harry" Heck and appointment of a nominating committee for next year's officers. As discussed at the November 27, 2000, Charter Commission meeting, an Ad Hoc Work Group was formed to discuss possible changes to the Charter as a result of the ballot question that was approved by the Fridley voters at the last election. You will find that this item has been placed on the agenda for discussion during the January meeting. A memo from Suzanne Warren and Bill Holm is included for further reference. In addition to these items, the other discussion topics include Chapter 8 and Chapter 9. Please call me at 572-3523 or Marcy at 572-3533 by Friday, January 26th to let us know whether or not you will be attending the January meeting. We both have voice mail so you may call 24 hours a day and leave a message. We will continue to call any member we have not heard from on Monday morning to determine whether or not there will be a quorum. ,rte CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, JANUARY 29, 2001 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: APPROVAL OF MINUTES November 27,2000 n 1. Administrative Matters A. Discussion of Membership B. Appointment of Nominating Committee 2. Discussion of Charter Amendment-Chapter 7 3. Discussion of Chapter 8-Public Improvements and Special Assessments 4. Discussion of Chapter 9-Eminent Domain 5. Consideration of items for future discussion ADJOURNMENT Next regular meeting: February 26,2001 at 7:00 p.m. p.s. 1 \,, ;®. 200I i January February March April 5 M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 1 2 3 4 5 6 7 7 8 9 10 II 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 8 9 10 II 12 13 14 14 IS 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 29 30 May June July August S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 1 2 3 4 6 7 8 9 10 II 12 3 4 5 6 7 8 9 8 9 10 II 12 13 14 5 6 7 8 9 10 II 13 14 IS 16 17 18 19 10 Ii 12 13 14 15 16 IS 16 17 18 19 20 21 12 13 14 IS 16 17 18 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 31 September October November December 5 M T W T F S S M T W T F S S M T W T F S S M T W T F S I 1 2 3 4 5 6 1 2 3 I 2 3 4 5 6 7 8 7 8 9 10 Ii 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 9 10 II 12 13 14 15 14 15 16 17 18 19 20 II 12 13 14 15 16 17 9 10 II 12 13 14 15 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 30 30 31 l Fridley Charter Commission - 643 I University Avenue NE 111 Illik ^ Fridley, MN 55432 Phone: 763-572-3523 Fax: 763-571-1287 CITY OF Email: skogend @ci.fridley.mn.us FRIDLEY CHARTER COMMISSION MEMBERSHIP LIST Alvite'Warren, Suzanne (h)574-0772 6-16-97 1-24-03(1st Full) 6220 Jupiter Drive NE (w) 55432 Findell,Donald (h)571-0467 6-16-97 5-11-01 (1st full) 6850 Siverts Lane (w) 55432 Fitzpatrick,Charlotte (h)572-9615 imchocann @aol.com 3-28-94 5-11-01 (2nd full) 5273 Horizon Drive NE (w) 55421 Gordon,Craig (h)574-9807 2-8-99 5-11-01 (Fill Vacant PO Box 32622 (w)571-4959 Term) 55421 Holm,William (h)784-7052 holm @goldengate.co 4-26-96 5-24-03(2nd Full) 7424 Melody Drive NE (w) m 55432 Jorgenson,Nancy (h) 5730 Polk Street NE (w) 55432 Monden,Deborah (h)783-1402 dwmonden @aol.com 4-9-99 1-24-03(Fill Vacant 211 79th Way NE,#2 (w) Term) 55432 Nielsen,Maynard (h)571-6608 3-28-94 1-24-03(2nd Full) 7144 Riverview Terrace NE (w)376-4971 55432 (pager) Querimit,Regina (h)502-1563 4-9-99 1-24-03(Fill Vacant 6069 Wood Lane NE (w) Term) 55432 Soule,Cynthia (h)572-9666 6-16-97 5-11-01 (1st Full) 7838 Firwood Way (w) 55432 Van Dan,Francis (h)571-3177 bimiferi@aol.com 5-5-95 5-11-01 (1st Full) 6342 Baker Avenue NE (w) 55432 Vacant Terms 1-24-03(Nee Vacant Term) 5-11-01 (Stouffer— Vacant) 5-11-01 (Dunlap— Vacant) 5-11-01 (La-Fave Vacant) 5-11-01 (Olson— Vacant) r1 CITY OF FRIDLEY CHARTER COMMISSION MEETING November 27,2000 CALL TO ORDER: Chairperson Warren called the Charter Commission meeting to order at 7:10 p.m. ROLL CALL: Members Present: Findell,Gordon,Nielsen,Querimit,Soule,Van Dan,and Warren Members Absent: Fitzpatrick,Holm,Monden, Others Present: Deb Skogen,Staff Liaison APPROVAL OF AGENDA: MOTION by Commissioner Gordon second by Commissioner Nielsen to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF CHARTER COMMISSION MINUTES: MOTION by Commissioner Gordon,second by Commissioner Nielsen,to approve the May 15,2000 Charter Commission meeting minutes. Commissioner Gordon suggested correcting the chairperson's name under adjournment and moved to amend the minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MINUTES,AS AMENDED,WAS APPROVED UNANIMOUSLY. ADMINISTRATIVE MATTERS 1. Discussion of Membership Chairperson Warren handed out a letter from Nancy Jorgenson,outgoing Mayor,expressing her interest in serving on the Charter Commission. MOTION by Commissioner Gordon and second by Commissioner Querimit to forward the name of Nancy Jorgenson to the District Chief Judge for appointment to the Charter Commission. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARE THE MOTION APPROVED. Skogen said she would prepare a letter to the Chief Judge forwarding Jorgenson's name for appointment. Commission Gordon explained there was a meeting Wednesday at 4:30 at City Hall to meet with the city attorney and the charter amendment committee to discuss clarification of the amendment. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 27,2000 PAGE 2 DISCUSSION OF CHAPTER 8 Chairperson Warren asked if someone might explain what a comprehensive plan was as she was not at the previous meeting. Skogen reviewed that a comprehensive plan was a plan which included zoning and development or redevelopment plans for the city and that the zoning code was regulations on zoning and the ability to enforce the zoning code. She said that the Engineering Department had a 5-year comprehensive plan,which outlined projects that needed to be completed,replaced or repaired. After further discussion,the Commissioners requested defmitions on what a comprehensive plan was and what the zoning ordinance or zoning code was. They would like a defmition to better understand the criteria of a comprehensive plan prior to changing any of the code in Chapter 8. Commission VanDan said that the language repeated itself and wondered if language should be changed to refer it back to previous sections. Commissioner Warren thought it was okay to repeat the language because it was hard to refer back to other language when trying to interpret a section. She felt the language should be more concise and simplified. Chairperson Warren recommended the discussion of Chapter 8 should be tabled until they receive defmitions and the commissioners agreed. DISCUSSION OF CHAPTER 9 Commissioner Gordon wondered who had requested Chapter 9. Skogen said that Commissioner Monden had asked about Chapter 9. /"t Commissioner Gordon wondered if there were any other city Charters that had more information or if a defmition of eminent domain could be prepared. Chairperson Warren tabled the discussion until definitions and other examples can be received. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION A. Discussion of Chapter 8 B. Discussion of Chapter 9 C. Commissioner Gordon suggested the Commission begin work on a glossary and that each member take a Chapter of the Charter over the summer looking for terms that might be defined in a glossary. D. Commissioner Warren felt that a review of the year should be completed regarding accomplishments that had been done. Skogen said she prepared an annual report which was sent to the District Court,after it was reviewed by the Commission. ADJOURNMENT: MOTION by Commissioner Gordon,seconded by Commissioner Soule to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:20 P.M. Respectfully submitted, Deborah Monden, Secretary Debra A. Skogen,Staff Liaison DRAFT Ilk CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVENUE N.E., FRIDLEY, MN 55432•(612) 571-3450•FAX (612) 571-1287 CITY COUNCIL COMMISSIONS APPLICATION Name rry Address z K 6147 n/i/ 55-473z_ Home Phone %"'3 5 7 2,-061 7 Number of years(months) resident of Fridley $ 7..ea/.f Employer L,tii .- / yJ ,he_ -4r Work Phone 7e, -6 •77 Address "1- City Zip Does your work require you to travel? 0 .A3 How often? A04 �r w,7/ ne Do you have any special intgrests or training that you think a particular commission could use? (Use reverse side, if necessary.) � L 1/ --� �t �� (��:✓ GJ i Z 7 Gt e� �Z�- � KS '�- �'''�- a a Gc -�Qi -71A e //OV, L�vVt. erf a Z /K fil� /1l. k t.Cw c�5, �6, o� Fr-,�,�I 1 , 74) ,Tic= jig �iOI�y 1 � J 74.< J �r %-e-1A-1-----5 70 - r A c„✓� T �- 714-t G rt rX �2 e,. 7 � I e ��./eit.c.4 / .A_si i' GQ i►•.:5-5-/a14, a/ter Please indicate which commissions) you would like to become a member of: Charter Commission Housing & Redevelopment Authority Planning Commission Appeals Commission Environmental Quality& Energy Commission Human Resources Commission Police Civil Service Commission Cable TV&Telecommunication Advisory Commission Parks and Recreation Commission ////2 /7,70 Signature Dare Please return the application to Roberta Collins, City of Fridley, 6431 University Avenue N.E., Fridley, Minnesota 55432. 1' \ Q Ki 0 Z IC k > (''' ''''' f,4. ;. JD ‘-'\, `-- 4) Q r 7> '� •?‘ r c.--,7. ti -, _.-.-, , -,./\ , k. • ,-, -s---- ,-.- .,. ; ,t4 ? -t , . , , .., coo �. L * ) ) CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVENUE N.E., FRIDLEY, MN 55432•(612) 571-3450•FAX (612) 571-1287 CITY COUNCIL COMMISSIONS APPLICATION Name ec,r4-e r Hen Jck- r� Address ,3A (9(0+-`' w� nit 1:r;,Ile P7N 5 ti.3 Home Phong 7(,3 - -o%a g Number of years(months) resident of Fridley / r, PA) 6,5/- 51.2.-$367 Employer M ,,0 rw4w Nat r ewe.,i "D C,h; IUY€r► (ft-;l;r) Work Phone GS/- S7.1 -13o7 I a„uk Ca, Address /Coo I4/ hua 3 tde )- City Zip ,vtn/ Does your work require you to travel? vr. How often? B&Caul o/+•� Do you have any special interests or training that you think a particular commission could use? (Use reverse side, if necessary.) .1 L I/ e13 Cr��cnl;Jn An of -I•/R.vi.wd �7 ai bcc � �r.i P( /U/ f`:cn./ 3G/Yv,/, n.art elf v/ty4.64. ` '(y, in /,.., ,t cr-J DaJ,,'oA/ /'c Ih tiNt 40 4 AGE l-" ��MMUN� 7•YJ tin row- ot t Co u// b U/.-1 , a►d VC r9W�MU . T L/ w Please indicate which commission(s) you would like to become a member of: Charter Commission Housing&Redevelopment Authority ✓ Planning Commission ✓ Appeals Commission Environmental Quality&Energy Commission ✓ Human Resources Commission Police Civil Service Commission Cable TV&Telecommunication Advisory Commission ✓ Parks and Recreation Commission pi, wiAT fr,//'° ignature ' Da Please return the application to Roberta Collins, City of Fridley, 6431 University Avenue N.E., Fridley, Minnesota 55432. November 28,2000 Honorable Joseph Quinn,Chief Judge Tenth Judicial District Anoka County Courthouse 325 East Main Street Anoka,MN 55303-2489 Honorable Joseph Quinn, There are currently five vacancies on the Fridley Home Rule Charter Commission. According to our records,four of the terms expire on May 11,2001 and one term ends January 24,2003. One resident has indicated an interest to the Charter Commission in serving on the Commission. The Charter Commission voted to recommend the following person for appointment on the Commission: Nancy Jorgenson 5730 Polk Street NE Fridley,MN 55432 Ms. Jorgenson has served as our Mayor and Councilmember-at-large and is familiar with the process and procedures of the Charter Commission. Her term as Mayor expires on January 1, 2001 and she will be eligible to serve as a Commissioner. I am enclosing a copy of Ms. Jorgenson's application expressing an interest in serving on the Charter Commission. Thank you very much for your consideration of this recommendation of the Fridley Charter Commission. Sincerely, Debra A. Skogen,City Clerk Fridley Charter Commission Staff Liaison Enclosures c. William W.Burns,Fridley City Manager Elizabeth Moore,Fridley Charter Commission Attorney 111.11:j TO: Charter Commission Members FROM: Suzanne Warren, Commission Chair Bill Holm Date: January 19, 2001 CITYOF FRIDLEY Re: Ad Hoc Working Group on Charter Amendment We discussed in November that a Work Group was being formed by former Mayor Nancy Jorgenson to discuss possible changes to the charter in light of the results of the election. Members of the Ad Hoc Work Group included: Nancy Jorgenson; six of the petitioners who worked to obtain registered voter signatures to place the amendment on the November 2000 ballot; three Charter Commission members; the City Finance Director and City Attorney. The purpose of the Ad Hoc Work Group was to explain how the amendment would affect the city and clarify language to avoid any unintended misunderstandings. The Work Group has finished its work and agreed upon language changes that are included in the attached material. Prior to the January 29th Charter Commission meeting, the petitioners who participated in the Work Group will be discussing the proposed changes with a number of other Fridley residents who were involved in obtaining voter signatures. If approved by those participants,the proposed revised language created by the Ad Hoc Work Group will be presented to the Charter Commission. However, if additional changes are suggested, there may be a need for further review by the Ad Hoc Work Group before it is presented to the Charter Commission. Given the importance of this issue, the agenda has been revised for this meeting to address this issue. Members of the Ad Hoc Work Group have also been invited to the Charter Commission meeting to discuss the proposed changes and to answer any questions you may have. Cc: Peter Eisenzimmer Lana Freeburg Quentin Freeburg Allan Stahlberg Tim Werener Greg Pettersen Federic Knaak Rick Pribyl • Proposed City Charter Amendment Language to be removed is strieken Language to be added is bold and underlined. The following modifications are proposed for CHAPTER 7 of the city charter, titled TAXATION AND FINANCES: 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 the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index,or 5%,whichever is least. 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 and 1102) 2. The City Council may also levy a tax in-eny ycar against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which . shall be presented as a clear and concise 'plain language'ballot question at the next regular municipal election.(Ref Ord. 592 and 1102) D. The additional tax levy shall take effect if 51% of the votes cast at said election are in favor of its adoption. 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, but is not necessarily limited to. sales and use taxes, business and occupation taxes, excise taxes, impact fees, license fees, permit fees, and any discretionary monetary charge by city government. B. For the purposes of this subsection, "fees" does not include: 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.'' C. For the purposes of this subsection. "fee increase" includes,tut is not necessarily limited to. 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. D. For the purposes of this subsection. "city" includes, but is not necessarily limited to, the city itself and all its departments and agencies,special district,and other political subdivision or governmental instrumentality of or within the city. E. For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7 section.08(7.08). -�` RECEIVED..AU',D B. HOLSTAD AND KNAAK, P.L.C. = Attorneys at Law - Wayne B.Holstad 4255 White Bear Parkway,Suite 1300-A Of Counsel Frederic W.Knaak* Vadnais Heights,MN 55127 Kamen Matey+ John L.Lindell Telephone: (651)490-9078 Facsimile: (651)490-1580 $Licensed in *Also Licensed in Bulgaria Only Wisconsin& Colorado MEMORANDUM TO AD-HOC COMMITTEE ON CHARTER IMPLEMENTATION FROM: Frederic W. Knaak, Fridley City Attorney DATE: December 4, 2000 (NOTE: This document is intended to be Attorney-client Privileged Information) INTRODUCTION After a meeting with a number of key and active participants in the Fridley Charter Amendment process on November 29,2000, at City Hall, I was requested to put together a working document with suggested language for clarification of the Charter as it is now amended. This was intended to provide a focus for discussion on the needs, if any, for changes and amendments to the Charter to more fully clarify the new language, and to minimize potential unintended and negative impacts to the City as the result of its implementation. Participants included members of the City Staff, the Mayor, members of the Charter Commission, as well as key individuals involved in the successful amendment campaign. The focus of the discussion was on issues of language and the potential believed to exist by staff members for interpretation of that language in a damaging manner from the perspective of the City. From the discussion, a number of important understandings were developed with respect to the underlying intention of the proposals that will provide a key framework of this analysis. ASSUMPTIONS The genesis of the amendments to the Charter were a concern that the City, having tried and failed to implement a franchise fee for utilities,would seek to increase its revenues by other means, including significant tax increases beyond the rate of inflation, as well as by increasing other charges and fees. Amendment proponents were deeply suspicious that the City would attempt these fee increases without adequate pubic input. The language of the Charter Amendment was intended to prevent this from occurring through the use of creative loopholes or similar devices. The issues of concern raised by the language adopted can be grouped into two general categories: 1) the impact of the general taxation provisions in Paragraph 1 of Amendment on the City's full faith and credit obligations and the possible effect that may have on the City's financing costs; and 2)the intended scope and coverage of the prohibitions and restrictions related to fee and"discretionary charge"increases or charges contained in Paragraph 3. Related to this latter grouping is the question of which governmental bodies were intended to be covered by this new Charter language. In addition, a question was raised as to whether the requirement of 51%of all persons voting at the election, contained in Paragraph 2 of the Amendment,was intended to create a supermajority for the implementation of any fee increase. Full Faith and Credit An immediate consensus developed that the intention of the new language was not, in any way, to be construed to mean that the City's bond and debt obligations would be restricted by the levy limitations imposed in the new language. To that end, I would suggest Charter language that would clarify this understanding. My suggestion would be as follows: Section 7.02. POWER OF TAXATION (At the end of Paragraph 1, insert:) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligations supported by the-fill faith and credit of the Citv. I have not, as yet, conferred with the City's bond counsel or the attorneys vested with similar responsibilities with the Housing and Redevelopment Authority to confirm my opinion that this language would resolve the perceived difficulties, but I would anticipate no problem from that end when it becomes appropriate to raise these issues directly with them. Fee and Discretionary Charge Increases Discussions in this area centered on the concern about fees as an indirect means of l raising general revenue. It was not widely understood that Minnesota law currently prohibits the City from charging fees for services that are in excess of the value of the service, good or materials provided in exchange for the fee. This restriction appeared acceptable to the participants in the discussion generally. I would observe that the basis for this misunderstanding is undoubtedly the fact that the franchise tax that Minnesota 1 I am using here the standard legislative drafting format of underlying proposed new language leaving intact current language not proposed for change,and s current language I am recommended be removed,modified or replaced. law authorizes a City to impose is called a"fee"in the statute. We are aware of no other instance where this has occurred. The consensus appeared to be that the new language was not intended to impact fees for routine services provided by the City in the usual course of its business that were otherwise restricted by Minnesota law. It was intended to affect general charges not related to services provided in specific instances. Nor was it apparently the intention to include all discretionary monetary amounts that may be imposed in isolated cases, either by negotiation, contract or other means. Given the evident mistrust of the City's intentions that precipitated the Amendment, great care must clearly be given to any suggested changes in this area so as not accomplish any unintended consequences without impeding the plainly restrictive intentions of the new language. My suggestion would be as follows: (Modify Paragraph 3 as follows:) Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. For purposes of this subsection. the term "fees"includes, sales and use taxes, , utility charges, recycling fees, gas and electric franchise fees and anv other fee that produces a tax burden or direct financial obligation for all property owners and/or residents ofFridlev. For the purposes of this section, the term "fees"does not include: 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 housinz fees building;permit fees, liquor license fees, fees for the operation o, iunk yards, annual license fees for the aeration ofpawn shops and other regulated businesses, and any other charge for services, including health and safety-related Code enforcement, and other goods 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 value of the cost of the service being provided. The term "fees"shall not include any special assessments made under Minnesota Statutes X429. 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. Other Units of Government On of the clearest and most immediate areas of agreement stemming from the initial discussions was in the area of application of the Amendment exclusively to the City only and not any other governmental body operating independently of the City. I would suggest, for purpose of discussion, the following: D. For the purposes of this subsection, "city"includes,bis necessarily iimifed4e-, the City itself,md all Jits departments and agencies, speeial disttiet, and ethet, that are organized to exercise the "Powers of the City"as defrned in Chapter I of this Charter. " City shall not include anv subdivision or body of government owing its existence to separate constitutional or statutory authority. SupermajorjU Requirement Once again, from the discussion, it would appear that the understanding of those involved in the Amendment process intended primarily for the voter approval for fee and charge increases to be by a majority of citizens voting on the subject. To that end, I would suggest, for discussion purposes, the following: (Modify Paragraph 2D as follows:) D. The addition tax levy shall take effect if a maiority 34:%of the votes cast on that question at said election are in favor of its adoption. I am hopeful that the Committee will find this language useful in its analysis of the issues involved in implementing the newly amended Charter language. It is the intent behind these suggestions that they serve as a focus for the discussion,not as any final, complete or recommended draft by the Committee to any formal body at this early stage of its efforts. Ideally, this language would not be seen as suggesting material changes to the amended Charter that are inconsistent with the intent and spirit of the proposal accepted by the voters of Fridley. I look forward to working with you in this matter. Res ctfullyAaak re eric City of Fridley Memo To: Informal Charter Amendment Task Force From: Mayor Nancy J. Jorgenson Date: December 28, 2000 Re: Meeting on January 3, 2001 At the December 20 meeting, we elected to meet again on Wednesday, January 3. The meeting is scheduled for 5:00 p.m. in Conference Room A of the Fridley Municipal Center. Since we will be meeting over the dinner hour, we will provide something to eat and beverages. Please RSVP to Roberta Collins (763-572-3500) at your earliest convenience. Thank you. Happy New Year! t AGENDA Charter Amendment Meeting Wednesday, January 3, 2001 S:00 p•m. I. Introductions. II. Review of work accomplished at December 20 meeting. III. Continued discussion of proposed Charter amendment changes as written by Attorney Fritz Knaak. A. Language on impairment of general obligation bonds. B. Language related to fee and discretionary charge increases. IV. Where do we go from here? A. Additional meeting date. B. Potential date for Charter Commission discussion. V. Other business. VI. Adjourn. MEMORANDUM TO AD-HOC COMMITTEE ON CHARTER IMPLEMENTATION FROM: Frederic W. Knaak, Fridley City Attorney DATE: December 27, 2000 (NOTE: This document is intended to be Attorney-client Privileged Information) SUMMARY The Ad-Hoc Committee consisting of key and active participants in the Fridley Charter Amendment process met for the second time on December 20, 2000, in the City Offices. The purpose of the group remained to examine issues related to implementation of the recently adopted language to the Fridley City Charter. The basis of the discussion of the second meeting was a draft of language written by me to determine whether some drafted language could usefully clarify areas where the currently adopted Charter language could potentially raise unintended, negative consequences on matters of routine City administration. If a consensus on this language could be developed, it would be hoped that the language could be brought forward to the Charter Commission and the City Council and incorporated into the language. The key premise of the discussions was that no substantive change to the newly adopted language would be suggested or advised where it was evident that voters could have clearly intended the language and its consequences. On this point, it was quite quickly agreed to drop the language offered for discussion purposes on the question of whether the new language requiring a 51% majority of all persons voting for approval of a new fee or tax (the "supermajority requirement") should be changed to a majority of persons voting on the question. This was a substantive change that members of the group felt was clearly understood by the voters and would not properly be part of any recommendation. On the other hand, a consensus quickly grew that there was no discussion nor intention that the new language was intended to affect other governmental units located within the City, including the Fridley HRA, school districts and similar entities owing their independent existence to authority outside of the City Charter. A concern was raised, however,that the language suggested, which included the term"subdivision of the City", might be construed to permit the City to circumvent the restrictions of the new language if new legislative authorization was obtained that might make that possible. To avoid this possibility, this language was deleted. The suggested paragraph amending Paragraph 3D would now be as follows (and includes further, suggested restrictive language): For the purposes of this subsection, "city" includes the City itself, and all of 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 other body of government owing its existence to separate constitutional or statutory authority regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. More difficulty was presented with consideration of the language having to do with impairment of the full faith and credit of the City. A concern was raised that the City might, at some point in the future, attempt to avoid a voted tax increase by using bonds to finance its operations and to raise taxes to pay for the bonds without a vote, under the suggested language. I pointed out that this was not a legally authorized use of the City's bonding authority under State law. Clarifying language on this sensitive point might take the following form (this is all new language---underlined language is designed to address this specific issue): Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligations 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 offunding the routine and daily business operations of the City. There was no discussion on the definitional language issues related to the term "fee". I have requested that participants in the Ad-Hoc group contact me directly with any suggestions they might have in this area prior to the next discussion. Once again, I am hopeful that the Committee will continue to find this language and these suggestions a useful tool in its efforts. I hope all members of the group will feel free to contact me with any further suggestions they might have that could be incorporated into the working discussion draft prior to the next meeting. Respectfully Submitted, Frederic W. Knaak Fridley City Attorney 2 A review of the meeting minutes for the four meetings held to discuss amendment to the petition shows that • it was not the committee's intent to cause any impact to either the past or future d it issues of the city. • The reason for the petition was from the term"discreti , _ and what types of charges they were. Mr. Pettersen felt they had nes asis m'the of de ivering a service. • Mr. Pettersen felt it was intended to prevent the city from generating the revenue it lost from the franchise fees in some other sort of fee in lieu of a tax to take out of control of the city those fees they felt were subject to arbitrary increases at the will of the Council. • The petition was to prevent the city from using debt as a way to finance current operations • No intention of capturing all fees the city charges,probably meant only to restrict those fees that were really a tax • Attempted to define fees as taxes and exclude those items that are reimbursement of costs • Wanted to keep the 51% super-majority vote Amendment Review Committee Meeting Minutes November 29, 2000 Call to order: Meeting was called to order at 4 : 30 p .m. Roll Call : Nancy Jorgenson Lanna Freeburg Quentin Freeburg Craig Gordon Rick Pribyl Fritz Knaak Pete Eisenzimmer Allen Stalberg Greg Pettersen Suzanne Warren Bill Holm Francis Van Dan Items circulated at meeting: -Agenda for meeting -Concerns about the Charter Amendment -Item referred to as "Bond Discussion" -Amendment language as defined on staff' s old document called "Proposed City Charter Amendment" Ms . Jorgenson started the discussion by explaining to the group the need for the meeting. She indicated that the City was now attempting to implement the amendment and there seems to be varying interpretations on what the language actually says . It appears that there are members of the community that feel that the amendment has different meanings to different people. Also the city staff is having problems with the implementation because some of the words that on the surface seem to be vague and not specific enough to apply to needed areas . City Hall staff has reviewed the language and spent some time reviewing the issues . They have made a list that both Mr. Pribyl and Mr. Knaak will review. 11-29-00 Page 2 The basis for this meeting is one of teamwork in an attempt to clarify those issues that staff will identify. The City has asked the members of the petition committee to attend this meeting so that we may speak directly to the authors of the legislation so that we can understand what they had in mind in the drafting of the language. Ms . Jorgenson asked Mr. Pribyl to lead off with his concerns regarding the issue on the impact on bond issues . Mr. Pribyl stated he has a concern related to the effect that the amendment has on both new upcoming bond issues and what it possibly could do to past issues. He quoted a section of Minnesota State Statutes regarding the definition of General Obligation. He stated that by definition it means "any obligation which pledge the full faith and credit of the municipality to their payment". He stated that the language in the amendment places a technical defect on the ability to repay the bonds in the future. Under a remote situation, if the city did not have enough set aside to cover principlal and interest payments on a bond issue it could not repay the debt. In that situation the city is required to levy taxes for the repayment of the bonds . That technical defect could translate into a drop in the Cities bond rating and cause a much higher increase in interest rates . That increase in interest rates would then cause the interest that the city charges on special assessment projects to increase since those are the funds pledged to pay the principal and interest on the bonds . The bonds are a form of reimbursement to the city of fridley. The city spends its own money on the improvement projects until the city has spent in the area of ! 1, 000, 000 for projects . It is at that time that the size of the issue is large enough to take to market to sell the bonds. By doing this, the city saves money on the issuance costs since for each issue it must hire a Bond Attorney and Financial Advisor and incur a number of other costs associated with the bond issue. Mr. Pribyl also stated that since the Securities and Exchange Commission (SEC) has recently required annual disclosure of subsequent events that impact the future repayment of debt, we would need to report this event. He said that he was not sure of any negative impact this might have. One thing that could happen, is that, Moody' s could n downgrade the rating it used on past issues that would 11-29-00 Page 3 r-� devalue those same issues and cause trading issues and loses in the marketplace. Mr. Pribyl stated he did not think that the committee meant to impact the cities bond rating or a secondary devaluation of existing bonds . He said he was looking for their input to determine the direction he would need to take based on the intent of the committee. Mr. Stalberg stated he did not see how Mr. Pribyl could interpret that in the language. Mr. Pribyl stated that because their is a limit on the amount of taxes that could be levied, it causes problems . It was stated that it was not the committee ' s intent to cause any impact to either the past or future debt issues of the city. Mr. Pettersen stated that the reasoning behind the language of the amendment was based on comments that were made after the defeat of the franchise fee. He stated that they heard that they would now get the increase in the form of a tax. Their concern was then that the loss of dollars associated with the franchise fee would come back at the property owners in the form of other fees and taxes . Ms . Jorgenson stated that Mr. Pribyl has some comments he would like to make regarding the fee issue. Mr. Pribyl stated that the list that is before them was one that was created in the department head meeting the previous day that included the types of charges that are impacted by the language of the amendment. Mr. Pribyl proceeded to review all of the types of charges that were outlined on the handout. Ms . Jorgenson stated that because of the language, people that she has spoken to are interpreting it differently and the purpose of this meeting is to attempt to clarify exactly what was the intent. Mr. Knaak explained that the staff needs to interpret and implement the language in the amendment and is having some problems along the way. The problem seems to be coming from the term "discretionary" and what types of charges they are. The term seems to be capturing the entire group of fees for services and charges that the city deals with. 11-29-00 Page 4 Mr. Knaak stated that the City concern at this point is to eliminate loop holes and areas that will cause future litigation regarding both the City and the HRA. He felt that when the language was developed it was probably not the intent to capture all of the fees and thus cause a ballot to be three pages long regarding just the local fee questions at the next general election. He stated that because of the super majority language it is possible that the city will never be able to raise a dog license again. Mr. Pettersen questioned Mr. Knaak why he thought that the dog licenses would be involved in this amendment . Mr. Knaak felt that the term discretionary involved all of the fees of the city and HRA charge since both the Council and HRA Commission have the discretion as to whether they will charge a fee or portion of a fee for rendering a service. Mr. Pettersen felt that when the language was drafted it was was intended to prevent the City from generating the revenue it lost from the franchise fees in some other sort of fee in leau of a tax. It was not intended to impact a number of the fee types that Mr. Pribyl reviewed that were presented on the exhibit. Mr. Pettersen felt that discretionary fees would be a type of fee that has no basis in the cost of delivering a service. He felt that if a definition were added to the document it would be helpful regarding the types of fees that they had intended to address . Mr. Knaak indicated that definitions currently exist in the beginning of the City Charter. Francis Van Dan stated she would like to see a glossary of terms in the definition section of the charter that would then define discretionary fees and others. Mr. Pettersen stated that it was the intention of the committee to take out of the control of the City those fees that it they felt were subject to arbitrary increases at the will of the Council . It was not the intent of the group to attach to those fees that were being charged by other governments within the boundary of the City. Mr. Stalberg said that the City should be increasing the fees annually and not hold off for a number of years causing larger increases years later. He discussed the idea of the City reviewing the fees they charge annually 11-29-00 Page 5 and increasing them on regular basis as the cost of providing those services increase. Mr. Knaak stated that the amount the City charges must be reasonable and based on the actual cost and if it were not then the city could be in for a legal challenge. The City would loose the challenge if it costs were not based on documented charges . He was also very concerned that practically, the city will never again raise its fees because of the super majority requirement of 51% . That means that of those voting, anyone not voting on the fee portion of the ballot will be counted as a no vote. The language as written will then require the City to place before the voters a lengthy ballot that will tend to have a large voter fall off only on general elections . Because of the number of voters that will be required to vote "yes" on a new fee or one that should be increased, very possibly they would never again be increased due to the ballot questions being voted down. Ms . Jorgenson spoke about the problem that would also occur when a new cable provider would come to the city to negotiate a new cable franchise similar to what currently exists for the Cities cable provider. The City has been contacted by Wide Open West regarding the possibility of negotiating a second provider of cable services to the community. The concern would be, we would not be able to initiate a new agreement without going to the voters . Mr. Pettersen asked why the current provision in the charter would not also include the ability to handle new providers . Mr. Knaak stated that since this would be a new fee, it could be interpreted to mean that it must be placed on the ballot to be legal. The concern is this type of franchise fee is a discretionary type charge that the Council can implement and needs to be treated the same as the current provider. He said that a new provider could argue that the Council did not have the authority to initiate a franchise fee and if upheld would then cause legal issues with the existing cable franchisee. Mr. Stahlberg asked specifically what language needed to be changed to remove the problematic areas . 11-29-00 Page 6 Ms . Jorgenson responded by stating that the City Council could have given the Charter Commission the task to refining the language, but they felt that it would be much better to work directly with the committee to review and modify the language to keep the intent of the voters . Mr. Stahlberg stated that it might work best if Mr. Knaak were to draft some suggestions and bring the draft back to the group to review and modify those if necessary. Mr. Knaak stated he would be open to making some suggested modifications but it should also include language to exclude the use of the term "other political subdivision or governmental instrumentality of or within the City". This term is a drafting term found in state statutes that brings into question the applicability of other governments to adhere to the same ballot requirement. He felt that it probably was not the intent of the committee to restrict the school district from increasing fees such as athletic fees unless it was brought to the voters, but it did seem to be an unintended consequence. Because the language is all inclusive to other other governmental subdivisions, it also could be interpreted to include the HRA. Franics Van Dan felt that Mr. Commers, the HRA Chairman should be included in the discussion. Ms . Jorgenson stated that Mr. Knaak, Mr. Commers and the HRA Financial Advisor have already had extensive discussions on the subject and felt that it would be a problem for the HRA. Mr. Knaak stated that one of the solutions discussed would be to go for a declaratory judgement . The main concern with this action would be that we might not like the Judges resolution of the language and we would then have to live with the decision. Mr. Knaak felt that he could put some language changes together in the form of a discussion document for the group to review at a future meeting. The topic was raised regarding the intent of the group on the super majority idea. Mr. Pettersen felt that there were 2 or 3 members of the committee that liked the idea of the super majority to pass a fee. He also felt that it 11-29-00 Page 7 probably could be eliminated and fall back to a normal majority. Ms . Jorgenson stated that Mr. Knaak would prepare his suggestions and would be mailed out for review at the next meeting. Meeting date was determined to be 12/20/00 at 4 : 30 pm Meeting adjourned at 6: 20 p.m. Amendment Review Committee Meeting Minutes December 20 , 2000 Call to order: Meeting was called to order at 5 : 00 p .m. Roll Call : Nancy Jorgenson Lanna Freeburg Quintin Freeburg Craig Gordon Rick Pribyl Fritz Knaak Pete Eisenzimmer Tim Werner Allen Stalberg Greg Pettersen Suzanne Warren Bill Holm Larry Commers Items circulated at meeting: Bond Sales Star Tribune Article, Tuesday, December 11, 2000 "Ventura school proposal could threaten tax- increment financing" The meeting started by Nancy Jorgenson thanking the group for once again coming together in a spirit of cooperation and an attempt to clarify the language in the charter petition . Ms . Jorgenson started the discussion by reviewing with the committee the basics of tax increment financing . She introduced the article that was published in the Star Tribune on Tuesday December 11 regarding Govenor Ventura' s tax proposal and the impact that it could have on tax increment financing . 12-20-00 Page 2 Mr . Pettersen asked after the discussion on tax increment if the language could provide a specific exception for Tax Increment Districts or the HRA. Mr . Knaak responded that he would rather leave the language as is in order not to specify the government that are not included. He felt that the statement as is, will be specific enough . His concern was that what about the unit of government that we omitted. The group discussed Fridley HRA' s tax increment projects such as Medtronic, Gateway east and some of the techniques that were used to provide incentives and the resulting amount of increment . Mr . Pettersen asked how this discussion relates to the impact on bond ratings for the City of Fridley. Mr . Pribyl stated that the topic should be switched to "Other Units of Government" on Mr . Knaak' s memo . The issue with the HRA relates to its tie based on the language in paragraph 3 . D, of the Charter Amendment . It is because of the language "but is not necessarily limited to" that brings the HRA into the discussion . The group felt that is was not the intention to draw in other units of government outside of those allowed through the Charter of the City of Fridley. Because of that the group unanimously decided to strike out "any subdivision or" . The group felt that a glossary of terms would be useful in the charter that would define the term "subdivsion" . Mr . Knaak explained that the term subdivision related to statutory language that was used in drafting language for the state statutes relating to the state government and its component units . By using the term in the context in which it was 12-20-00 Page 3 n used for the amendment make the meaning confusing and thus subject to confusion as to its application . Mr . Eisenzimmer was concerned whether the voters will get to vote on the amendment when it is completed. Mr . Knaak stated that he was careful not to provide discussion language that could be considered substantive and thus a change in the intent . Ms . Jorgenson stated that it was the city councils intent to bring together the committee in a spirit of cooperation to review issues and clarify the language to eliminate problematic language . When the committee would come to an agreement with the language, it would be referred to the Charter Commission for its review and any suggested changes . Once they would review and have a sign off by the Charter Amendment Ad Hoc Committee, council has discussed, then sending a letter out to all registered voters . After a mailing, it would then go to Council for its Public Hearing, 1St Reading, and 2nd Reading . Ms . Freeburg felt that instead of all the registered voters, it should be only mailed to those that signed the petition . Ms . Jorgenson wanted the group to know that it is not the Councils intent to undo anything that has been initiated by the voters . Mr . Werner felt that there were at least two members of the Council that would like to see the amendment to fail in some way. Mr . Pettersen moved the discussion to the debt issue and felt that the language should restrict the City from using debt as a way to finance current operations . He was concerned that the language could allow the City to exempt debt service payments whose principal is used to finance 12-20-00 Page 4 operations . Mr . Pettersen felt a tweaking of language was needed to eliminate this possibility. The group agreed and Mr . Knaak said he would add language . Mr . Pettersen brought up the topic of the 51% super majority and restated his feeling, he felt it was not the committee' s intent to require 51% of those voting to pass each local item on the ballet . Mr . and Ms . Freeburg felt that it was the intent of the committee to hold each local item on the ballet to the 51% majority. The group discussion reinforced the Freeburg' s feelings . The 51% stays . Next meeting is scheduled for January 3, 2000 Amendment Review Committee Meeting Minutes January 3 , 2001 Call to order: Meeting was called to order at 5 : 17 p .m. Roll Call : Nancy Jorgenson Lana Freeburg Quentin Freeburg Rick Pribyl Fritz Knaak Pete Eisenzimmer Tim Werner Alan Stahlberg Greg Pettersen Suzanne Warren Bill Holm Francis van Dan Items circulated at meeting: 1 . Memorandum to Ad-Hoc Committee on Charter Implementation Dated 12/4/00 . 2 . Memorandum to Ad-Hoc Committee on Charter Implementation Dated 12/27/00 . The meeting started by Nancy Jorgenson thanking the group for once again coming together and that at the last meeting she had stated that if anyone had any recommended changes to the amendment they should have contacted either Mr . Knaak or Mr . Pribyl . As of this meeting neither person had been contacted with any changes . With that, she assumed that the language identified in Memorandum 1 and 2 identified above was the language that would be discussed. Mr . Pettersen stated that since the last meeting he had had an opportunity to speak with a number of people that had signed the petition and asked them about their understanding of the 51% of the votes cast portion of the amendment . He said that of the 1-3-01 Page 2 people he spoke with, it was their understanding that the 51% related to the number of people voting on the question, not the number of people voting in the election . At that point, we had a number of people state they felt it was the intent of the committee and the signers of the petition, that it was 51% of the people casting a ballot and not the question . Mr . Werner felt that when he was door knocking, that the people he spoke with understood it was the greater number . The consensus of the ad-hoc committee is that it would not be following the intent to voters to make a change on this item and would need to go back to the voters to change this item. Mr . Knaak reviewed his memo dated December 27 , 2000 that is identified as item number 1 above . The first item related to section 7 . 02 subsection 3D related to the definition of the term "city" . In keeping with the prior discussion in the past meeting Mr . Knaak stated that it appeared it was not the intent of the amendment committee to cover more than the city and its divisions or subunits of government . The committee had not intended to try to overlap to the school districts or other units of government not authorized by City Charter . The group discussed Mr . Knaak ' s proposed language and agreed unanimously that it was worded properly and could be considered final language . Mr . Knaak reviewed the next item on the memo dated December 27 , 2000 related to General Obligation bonds . Based on the past meeting Mr . Pettersen had identified a situation he felt needed to covered by amending language . The language as now provided would add as additional language : "Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligations 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." 1-3-01 Page 3 Mr . Knaak stated that this should eliminate any impairment of the general obligation related to debt issues and would also answer Mr . Pettersens concern related to the use of debt to fund general operations of the city government . By adding the last sentence it eliminates the use of debt for the funding of routine and daily business of the city. This new paragraph would be added to the end of section 7 . 02 . The group discussed Mr . Knaak' s proposed language and agreed unanimously that it was worded properly and could be considered final language . Mr . Knaak then requested that the group move on to consider the fee language of the proposed amendment . The section of the amendment under consideration is section 7 . 02 subsection 3 . A, B, and C . The group was asked to look at Mr . Knaaks memo of December 4 , 2000 on page 3, where he addressed the term "fees" . Mr . Knaak felt that the language was in keeping with the intent of the original committee, and they did not intend to capture all fees the city charges . He stated that a vast majority of fees are already capped because by statute the city can only charge the "cost" of the service being provided. The committee probably meant to restrict only those fees that are really a tax . These type of fees or taxes are by their nature a revenue raising devise where the bulk of the charges that the city has are actually charges for services and in fact reimburse the city for their costs . Without setting these charges, the cost becomes a burden of all the property owners . Mr . Knaak stated that his language attempted to define fees as taxes and exclude those items that are reimbursement of costs . Francis Van Dan spoke to change Mr . Knaak' s proposed language, he would like to strike the words "value of the" in section 7 . 02 section 3 . This would then further define those fees that are true reimbursements of cost . 1-3-01 Page 4 n Mr . Knaak stated that the last paragraph would then exempt special assessments . Mr . Werner wanted to know why we had even considered that special assessments in the language since he felt they did not include them as part of the original language . Mr . Knaak stated that because the city does have the discretion whether it charges the residents for the improvement or it funds it with levy or accumulated reserves it becomes a "discretionary charge" . Mr . Werner stated that the committee had not intended on including special assessments within the amendment . Mr . Knaak felt that the franchise language is a tricky area due to the fact that an existing cable franchise exists and that currently other cable providers could be requesting a new franchise . Each franchise agreement is an independent agreement from one another and each must be considered separately. Great care must be taken if another organization requests to negotiate a new cable franchise agreement, the city needs to treat this organization the same as the existing franchise . Mr . Pettersen felt that with the cable franchise situation, if a new company were to request consideration, it would not be a new fee or tax . The new company would only be an extension of the existing cable franchise and would not generate any new money. The new franchise is only going after the same market as the existing franchise occupies . Considerable discussion occurred on the federal and state regulation of cable and cellular/digital providers . 1-3-01 Page 5 Mr . Knaak suggested adding language to his amendment as proposed on the memo of December 4 , 2000 page 3 modifying paragraph 3 . He proposed to add the words "or transfer or extension of cable service authority to other providers" after liquor license fees . The group discussed the change and agreed unanimously that it was worded properly and could be considered final language . Mr . Knaak was asked by Ms . Jorgenson to recap all the final changes and have them finalized by Friday January 5, 2001 . Next meeting is scheduled for January 10, 2001 at 5 : 00 p .m. to review the final language . Meeting adjourned at 7 : 15 p .m. Amendment Review Committee Meeting Minutes January 10 , 2001 Call to order: Meeting was called to order at 5 : 21 p .m. Roll Call : Nancy Jorgenson Lana Freeburg Rick Pribyl Fritz Knaak Pete Eisenzimmer Tim Werner Alan Stahlberg Greg Pettersen Bill Holm Francis van Dan Items circulated at meeting: 1 . Memorandum from Mr . Knaak - Charter Language Revision The meeting started by Nancy Jorgenson thanking the group for meeting one more time to review the final draft of the charter language . She asked that the group review the minutes . Francis Van Dan stated she would like to have her first name correctly stated as Francis . The members had no other changes that were recommended. Mr . Knaak reviewed his revised language with the members . Mr . Pettersen stated that he felt this crystallizes the changes that the group had been working on . The committee reviewed the last paragraph on page 2 , new section E . At the end of the paragraph Mr . Knaak felt that "section . 08 (7 . 08 ) " could be removed since Chapter 7 deals with natural disasters . After lengthy discussion the committee 1-10-01 Page 2 felt that the debated section should not be removed and would stay. Mr . Eisenzimmer stated he was unhappy because he felt that the petition committee has not reviewed the amended language and that there has been a lot of language added by the City. He has not had enough time to review it himself and he feels its moving to fast . He was concerned that changes have been made that the petition committee should review so that they are comfortable with the amendments that were made . Ms . Jorgenson stated that it was this groups intent to work together from the beginning to clarify the language and mutually agree on how the amendment would be modified. These changes were not changes in intent but clarification of the confusing or conflicting areas . Mr . Pettersen felt Mr . Eisenzimmer had a good idea and that it should be presented to the petition circulators to communicate the modifications . Mr . Werner also felt it would be a good idea . Ms . Jorgenson felt it would it also be a good idea to meet to make sure they were comfortable with the changes so that when it went to both the Charter Commission and the City Council it was endorsed by the group and ultimately the voters . Mr . Pettersen, Mr . Werner, and Mr . Eisenzimmer concluded that the petition circulators should be contacted and that Saturday January 27th at 10 : 00 am they would meet . Ms . Freeburg felt that by having the committee meet to review the language, that would cover the need to do a mailing . Ms . Jorgenson stated she felt that a letter should still be sent to the residents informing them that the committee met, reviewed and worked with the 1-10-01 Page 3 city to clarify the language . She felt that it was essential that the residents understand that the petition committee played a key role in the language clarification . Mr . Knaak asked for a consensus on the language as he had drafted it and asked for a verbal yes or no as to the language . Mr . Eisenzimmer was the only individual that felt uncomfortable with the language . The group understood that the original drafting committee members would be contacted about meeting on January 27th and that the language hopefully would be presented as reviewed today, to the Charter Commission on January 29th. Meeting adjourned at 6 : 25 PM. 3 TO: Charter Commission Members flail" FROM: Deb Skogen, City Clerk and Staff Liaison Date: January 22, 2001 Ci1YOF Re: Chapter 8 FRIDLEY At the November meeting commissioners requested information on the definitions of what a comprehensive plan was,what the zoning ordinance or zoning code was, and capital improvements. I have received the attached information from Scott Hickok, City Planner, regarding your request for definitions of capital improvements and comprehensive plan. I waiting for information from other communities in reference to their Charter. I hope to have them for you at the meeting on Monday evening. C PTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8 . 01. THE CITY PLAN. The present Village zoning plan shall be the plan for future physical development of the C ' ty. Such plan may be altered from time to time. To alter such a plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning a d location of public works of art, public buildings, parks, pl. ygrounds, bridges, transportation lines, and other public facilities, and for laying out, grading improving of streets and publ c places as well as for all other matters which may seem essenti.l to such a plan. Section 8 . 02 . ENFORCEMENT OF CITY PLAN. The Council shall have all n:cessary power, acting through the City Manager, to enforce compl-te adherence by all persons to the plan adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance The Council shall have power to pass ordinances to regulate he use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and uo establish building lines. Such power shall be exercised to promote public health, safety, morals, welfare and convenience. Section 8 . 03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local character. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the property. Section 8 . 04 . LOCAL IMPROVEMENT REGULATIONS. After this Charter takes effect, all local improvements shall continue for the time being to be made under the laws and ordinances applicable thereto. The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing 10/05/89 8 . 05 in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by five (5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8 . 05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or, if the estimated cost is less than one thousand dollars ($1, 000) , 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 estimate of the cost thereof in detail. The award of any contract amounting to more than ten thousand dollars ($10, 000) shall require an affirmative vote of at least four (4) members 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. (Ref. Ord. 776) 2 . The right is reserved to the City Council, upon the recommendation of an engineer, acting through the construction department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder, but the term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids. Detailed proceedings governing the advertisement for bids and the execution of the contract shall be prescribed by ordinance. The City shall require contractors to furnish proper bonds for the protection of the City, the employees and material person. (Ref. Ord. 776) LEAGUE OF MN CITIES BULLETIN ❑ Craig Ellestad ❑ Jim Erickson /j f -------\"7 ❑ Al Folie il.. ❑ Ed Hervin League of Minnesota Cities itle ❑ Rick Pribyl Cities promoting excellence ❑ Julie Vogel Number 18 Return to Deb Skogen to retain for 1 year for reference. New law focus: Special assessment, competitive bid, and misdemeanor fine changes Gary Carlson,Andrea Stearns, Remi Stone Although the Legislature adjourned improvement notice to contain a not be subject to,the municipal only two weeks ago,we have received parcel-specific estimate of the impact bidding law for contracts entered numerous questions regarding changes of the proposed assessment.The League into,bids let,or purchases made to Minnesota laws. Beginning with worked with the authors of the legisla- under or$50,000 depend- this edition of the Bulletin,we will tion,Rep.Loren Jennings (DFL-Harris) ing upon their population. Under highlight new laws that will impact and Sen.Twyla Ring (DFL-North the new law,cities under 2,500 municipal operations. Branch) to modify the requirement to population will have a competitive allow an estimate to be provided at the bid threshold of$35,000.Cities over ,ecial assessment changes hearing. 2,500 will operate with a$50,000 6 i'he 2000 omnibus tax bill (Minnesota The requirements are effective for threshold. The current threshold of Session Laws 2000, Chapter 490) mailed notices and hearings held June $25,000 is law through July 31, contains a change to the special 1,2000,and thereafter. If you mailed 2000, and cities must operate under assessment improvement notice and a an improvement notice prior to June 1 the current law until Aug. 1,2000. requirement for additional informa- without the notice,you do not need to Last year,a similar bill was tion that must be available at the re-notice the potentially affected vetoed by the governor based upon improvement hearing. property owners.However,if the his concerns that the$50,000 Under the new law,the improve- hearing is scheduled to be held on or threshold was too big of an increase ment notice is required to contain a after June 1,you should be prepared to for the state's smallest cities statement that"a reasonable estimate provide a reasonable estimate of the The law includes two other of the impact of the assessment will be impact on property owners at the provisions.Cities and counties may available at the hearing:'The law goes hearing. contract for the purchase of supplies, on to require"a reasonable estimate materials,or equipment without of the total amount to be assessed,and Competitive bid law modifications regard to the competitive bidding a description of the methodology used Changes to the municipal competitive requirements if the purchase is to calculate individual assessments for bidding law take effect Aug. 1,2000. through a national municipal affected parcels, must be available at The governor signed into law Chapter association's purchasing alliance or the hearing:' . 328,a bill that increases the competi- cooperative created by a joint The original proposed legislation five bid threshold for cities and coun- powers agreement that purchases would have required the mailed ties.Starting Aug. 1,2000,cities will items from more than one source on the basis of competitive bids or Inside: competitive quotations. The law also allows a county • 2000 Law Summaries, page LS 1. board to authorize the use of a ` • 2001 City Aid Estimates, page CA 1. credit card by any county officer or employee otherwise authorized to The June 14 issue of the Bulletin will not be published due to LMC's Continued page 3 Annual Conference. Look for the next issue on June 21. EPAsets sights on arsenic in drinking water ni Stone 1 The Environmental Protection new standard could cost households found arsenic in drinking water Agency (EPA) has proposed a goal to between $25 and$100 per year for causes bladder,lung and skin cancer, reduce the arsenic allowed in drinking improving systems.If the lower and may cause kidney and liver water to one-tenth the current standard standard is adopted,drinking water cancer.The current standard of 50 in an effort to reduce cancer risks. systems serving 10,000 people or ppb was set in 1975 based on a 1942 The agency wants arsenic levels more would have three years to make public health service standard.The reduced in drinking water from 50 improvements.Smaller systems would Safe Drinking Water Act amendments parts per billion (ppb) to five parts per have five years.The Minnesota Dept. of 1996 require the EPA to promul- billion. of Health'regulates Minnesota's gate a final rule by Jan. 1, 2001. The federal government estimates drinking water program and is The EPA is asking for public 6,600 drinking water systems nation- expected to release additional infor- comments through Aug.21,2000. wide would have to be upgraded.A mation regarding the federal standards After reviewing the comments,a total cost estimate for those upgrades impact on Minnesota systems soon. final rule could be put in place by was not provided by the EPA;how- The EPA's effort to reduce arsenic early 2001.Additional information ever,the EPA and those within the comes on the heels of a 1999 National is available at www.epa.gov/ drinking water industry estimate the Academy of Sciences report that safewater. r ntinued from page 1 • e a purchase on behalf of the fairly significant impact.The provi- prosecution activities to some extent. , county.Cities were not included in sion increases the maximum fines that While maximum fines are E this provision.An argument can be can be charged to those committing certainly not routinely imposed, key made to support the limited use of petty misdemeanor and misdemeanor legislators have characterized this credit cards by cities,even in the offenses.The current$200 maximum legislation as giving judges the ability absence of explicit legislation.How- fine for petty misdemeanor offenses to assess a rather significant penalty ever,given the ambiguous nature of has been in place since 1987. Begin- where the circumstances of an the law in this area, cities should ning Aug. 1,the maximum fine will individual case may dictate it is consult with their city attorneys be increased to$300. For misde- appropriate to do so.Maximum fines before using credit cards. meanor offenses,the$700 maximum for gross misdemeanors ($3,000) and fine,which has remained unchanged felonies ($10,000) are not affected by ' Misdemeanor fines increased since 1983,will be increased to this legislation.The fine increases are Tucked into the omnibus supplemental $1,000. Both cities and counties rely effective for violations committed on appropriations bill (Chapter 488, on fine revenues to offset the costs of or after Aug. 1,2000.r Article 5) is a little provision with law enforcement and criminal May 31, 2000, Page 3 • r1 TO: John Flora, City Engineer- Response in Bold Rick Pribyl, Finance Director FROM: Deb Skogen, City Clerk DATE: October 9, 2000 RE: City Charter- Chapter 8 Pertaining to Contracts The Charter Commission has been reviewing Chapter 8 of the City Charter, in particular, Section 8.05 -Public Works Performed. The Commission is trying to determine whether or not the dollar values in the current City Code are restrictive to the city and should be changed and brought up to the standards in the State Statute, considering the legislative change this past spring. As the City Charter can be more restrictive than the State Statutes, they are wondering how the numbers affect public works. The Commission is wondering if you might have time to meet with them on October 30th at 7:00 p.m. to discuss some of their questions. If you are unavailable, they are wondering if you would be willing to address some of their questions. I have tried to summarize some of their questions that have come up. I will be sending out an agenda packet on October 17th, if you could please respond to me by October 13th, I would really appreciate it. ❑ How many times the current dollar limits in the Charter have affected the City in how they did business; (has it hindered you at all in doing your business, if so, how) There might be a two-week delay. ❑ Can the city work within those guidelines or should the Charter to be more restrictive; The Charter should not be more restrictive, however, the city can work within the guidelines if necessary. The projects that are completed and are part of a 5-year comprehensive plan which then become budgeted items for a specific year. If a project has to be completed sooner than planned,because it was in the 5-year plan, they will move the project up. ❑ If this section should be amended,what would your recommendations be? It would be easier to refer to the state statutes. The ordinance suggested adopting state statutes for assessment projects,but the Council has never done this. He felt the intent was assessable projects vs non-assessed projects (budgeted items, repair, replacement items). An assessable project might be the 2001 Street Improvement project, a $300,000 project which assesses $100,000 of the cost. A non-assessable project might be where you need to order a new pump, one obtain 3 quotes and take the best quote, if you send for bid,you may only get one response. ❑ Would it be easier to change the Charter to refer to state statutes,than to continue to change the charter. It would be easier to refer to state statutes. ❑ How important is it to have a 4/5 council vote (super majority)to approve the contracts rather than the majority required by the state The majority required by state statute would be preferred,but 4/5 would be workable. ❑ Are any contracts approved on the consent agenda? Yes,there are contracts that are approved on the consent agenda,especially if they have been budgeted items. O Is there some type of organized construction department as listed in the Charter, (ie Streets Department) is organized? John felt that this pertained more to smaller communities,but that the city does have a public works department which consists of about 36 employees. He felt that this portion might refer to something that may need to be repaired, such as a watermain break or a patch in the street. These may be local improvements the city can do themselves that come from the budget. All big projects are done by contract, the city crew only does minor repairs and maintenance. ❑ How big is the Public Works Department(an outline of the department and how many employees, full time and seasonal, you employ. The Public Works/Engineering Department consists of approximately 36 employees: Engineering- 6 Streets - 9 Water-6 Sewer-5 Parks - 6 Mechanics-3 Administrative- 2 FRIDLEY CITY CRATER CHAPTER 8 PUBLIC IMPROVEMENTS,AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present Villago zoning and comprehensive plans shall be the plan for future physical development of the City. Such plans may be altered from time to time. To alter ateh a plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, g improving of streets and public places as well as for all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building lines. Such power shall be exercised to promote public health, safety,morals,welfare and convenience. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local character, in accordance with Minnesota State Statute Chapter 425, Local Improvements, Special Assessments. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith,with interest,until paid,but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. _ , _ _ , .. . ._ •_. : _ - _ . The City Council may prepare and adopt a comprehensive ordinance,prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof;provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by five(5)four/fifths (4/5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or• maintained either by contract : , ' = -.= _2. _($1,000), directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than ten fifty thousand dollars ($•1.50,000) shall require an affirmative vote of at least four(4) members 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. (Ref. Ord. 776) • 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the seastaletiea public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder, but the term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chapter 429. Detailed The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref. Ord. 776) r.• t! t; _ b I .,„.,. '.. ..,, / .'„=..--.-,1?....,'=..4---..,-'4-:;:ii.,-3;-• '-,- . . , . . . , - , . . . . . // ...,,,..,,,,.. .-:...:,.,:7-,..-:.-:„.--,-,.,....,.- ..,": ••-.. • .1-4,.,,-,,".:• - • ,..1-E''''''-fi ,=i..7 .,':'," ::-%:- :.'-..,',. • . ,. ,..h. : '',"-..-t":. .--•- •-f •::' '• - .., ' • ,..- ..,.,, ..k- •••.;. .., -•;,f-,-.. - -.: •• ,;;•'."..- .. .r. ...... .. .., .• • ••••. - • • ..•••-. ...,,' . • ... .•... . . . '•'-. . . -: 1:(/11c(1 i)// i\li( /7 (WI 1)( 1)!• (1 )I (117(1 h11 1)() i 1('Te American Planning Association r -•.. -"H r , - - .,.,-, --3-; Rini-II-1.111g ;.;-_;,/;':,•-•.;r; S:Ls.rvic,,-_,. •,-‘ '. . - .• ,.. /,-.-,-,./.1•c ) .,_.- :1---..-_,--,) Report iiuniooi “,;)i ,,,_ IF Preface , Ea , The Comprehensive Plan The Comprehensive Plan is a planning tool intended to help guide future growth and development of the community. It is comprehensive in that it ties together the various elements that make up "the city" including land use, housing, transportation, environment, public facilities and parks and recreation. It is intended to be both a physical and social plan, covering such topics as the locations and character of commercial or residential development(land use)to the affordability of housing (life-cycle housing) and the diversity of jobs. It is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision. Finally the comprehensive plan is an implementation tool that is used to set goals and measure progress towards community betterment. Figure 1 The Inter-related Elements of the Comprehensive Plan AMIIIMIIMW Vision and Guiding a Principles r ,•—■ Physic al Suc io- Development , Economic• Impacts Parks and v, Transportation Recreation ' =r' Goats and Land "�; Ni Policies Use Housing Sewer and Water Environment AIMIIIIIIIIIIIMIIIIIIIW, Implementation it 3 INTER-RELATED ELEMENTS �� Hoisington Koegler Group,Inc. -1- Fridley Comprehensive Plan Draft 1: December 29, 1999 The Purposes for a Comprehensive Plan Comprehensive Planning is done for many reasons,but the two primary reasons are to provide the decision-makers of the community with policy directives that are consistent with a community driven vision and to adhere to state mandates relative to regional planning. The Minnesota Land Planning Act (MLPA) of 1976 required communities within the metropolitan area to develop comprehensive plans in order to help the metropolitan region plan for regional infrastructure and regional transportation needs. Planning must be an ongoing process in order to adapt to unexpected or expected changes. As such, the MLPA has been amended over the years to address these changes. The Metropolitan Council is the planning organization authorized by the legislature to spearhead this regional planning process. They are responsible for reviewing local community's plans and ensuring consistency with regional growth goals and policies that are described in the Metropolitan Development Guide (MGD) adopted by the Metropolitan Council in December of 1996. A 1995 amendment to the MLPA requires that local governments bring their existing comprehensive plans and official controls up to date to be consistent with regional growth goals and policies. Comprehensive planning, however, is often done without the required legislative mandate. The plan is a good tool to help the decision-makers in making the day to day decisions that affect the growth, development and quality of life in the community. The planning process brings together the community in developing a collective vision. The vision is supported by a set of goals and policies that when implemented lead to achievement of various elements of the vision. In addition the plan establishes strategies to be employed by the community in attempt to resolve problems or improve upon less than desirable elements of the community. Utilizing the Comprehensive Plan The Comprehensive Plan is intended to support the general public's inherent wants and needs. Its goals and policies are established to help guide the community in a direction that best supports the collective vision. The Comprehensive Plan strategies are intended to resolve critical issues and problems.The plan can be utilized in many ways including: For Policy Direction A primary responsibility of the City is to ensure the safety,health and welfare through the regulation of physical development in the city.This is primarily done through ordinances. It is the city staff's responsibility to provide volunteer commissioners and elected officials with the information relevant to the issues in order for them to make informed recommendations and decisions. The policies in the plan will help guide staff recommendations. Policy as set forth in the comprehensive plan provide the staff, volunteers and officials with community supported directives better enabling them to make decisions for the betterment of the whole community. The policy statements found in the plan should be used to support community decisions. These policies will come in handy when dealing with issues where community decision-makers need support in making difficult and often controversial decisions. Preface Page 1-2- Fridley Comprehensive Plan Draft 1: December 29, 1999 (, The Planning Process The process for developing the comprehensive Inventorying Previous plan included many steps beginning with Planning Efforts building an inventory of previous and current planning studies such as the 1982 Comprehensive Plan Draft, environmental studies, community surveys and housing studies. Public Input and Much of the information within these studies Community Vision Meetings provided background information that was ri x _ presented to the public at the community wide vision meetings held May 28`h, 1998 and June Preparation of 25 1998. Various survey information was Draft Plan gathered to evaluate the findings of the vision session and a vision statement and guiding " *� �r" principles were drafted to direct the preparation of the draft. Commission Workshops During the drafting of the plan, meetings were g':rt h � held with city commissions and staff to evaluate �;' r = r to goals, policies and strategies. y '° Review by The draft was presented to adjacent Adjacent Communities communities, Anoka County and the various , school districts so they could comment on 1._ •�C..,may y: relevant impacts that the plan may have on their respective jurisdictions. Public Open House The draft was presented to the general public for review and comment at an open house on November 18'`', 1999. Planning Commission The Fridley Planning Commission held a formal Public Hearings public hearing in December of 1999 and the City Council authorized submittal of the draft plan to the Metropolitan Council for formal review. City Council Work on the plan continued into the spring of Consideration 2000. The plan was formally approved by the City Council in the Spring of 2000. Metropolitan Council Review V Implementation Preface Page 1-4 Fridley Comprehensive Plan Draft 1: December 29, 1999 For Setting Annual Goals On an annual basis, the City of Fridley establishes goals and objectives. The comprehensive plan should be used to help formulate those goals as well as to measure what has been accomplished in previous years. For Establishing Budgets On a yearly basis the City of Fridley also establishes an annual budget that allocates funding sources to various programs and City departments. The comprehensive plan establishes various strategies that must be carried out by various departments and as such requires funding allocations. The process of budgeting should consider the goals and strategies outlined in the Comprehensive Plan. For Community Marketing The City of Fridley (known as "friendly Fridley") has a lot to offer to perspective residents, employees and businesses. In today's global economy, the City operates in a highly competitive environment where it is important to be able to present the City in a favorable light to preserve the City's integrity and attract quality new development and redevelopment. The comprehensive plan can be used to provide new and existing residents and businesses with a snapshot of the community and to share the City's vision with those interested in become a part of the community. Preface Page 1-3- canopy capital improvements program t3; by any lamp,light source,or luminaire. of sheltering persons or inanimate ob- The cost of a capital improvement is gen- t'-, (Williamson County,Tenn.) jects from the rays of the sun and from erally nonrecurring and may require rain and weather. Entrance canopies multi-year financing. (Indian River •canopy A permanently roofed shel- shall be attached to the building and County,Fla.) ter projecting over a sidewalk,driveway, may be supported from the ground up; entry, window, or similar area, which •capital improvements budget The may be wholly supported by a the overall width of said entrance shelter ma Y Y pP capital improvement program put into canopies shall be a maximum of the en- building or may be wholly or partially dollars and cents terms, indicating the su orted b columns vies, or braces trance opening and framing width,plus PP Y columns, P 12 inches, and said entrance canopies prorated amount to be expended for extending from the ground. . . . [A]ny each project listed over a given period, roof overhang extending more than two shall extend out perpendicular from the g g building. Entrance canopies are permit- and including the sources of revenue. feet from the face of a building shall be (Handbook for Planning Commissioners in ted on commercial buildings only.(Coral considered a canopy. (Traverse City, Missouri) Mich.) Gables,Fla.) • capacity The maximum lawful •capital improvements element (CIE) With reference to structures, a rootlike That portion of the . . . Comprehensive cover,including an awning,that projects level of designed use of any structure, g g- P ) Plan which. . . guides the provision of from the wall of a buildin or part thereof, as determined by the g over a door, city's adopted building code and ex- the needed capital improvements identi entrance or window;or a freestanding or fled in the other plan elements. (Indian cover above an outdoor ser- pressed in terms of occupants, seats, projecting persons, employees, or other units River County,Fla.) vice area, such as at a gasoline service specified by the building code.(Gaines- •capital improvements program (CIP) station.A marquee is not a canopy.With reference to bufferyards,a landscape ele ville, Fla.) A proposed schedule of all future pro- ment that functions as an overhead or The maximum number of persons that jects listed in order of construction prior- "ceiling," used in single or multiple can avail themselves of the services (or prior- ity together with cost estimates and the plantings to create shade. (Tippacanoe goods)of an establishment or use at any anticipated means of financing each pro County,Ind.) one time,as determined by the required ject. Included are all major projects re- County, space per person established in the quiring the expenditure of public funds, ,""N A rootlike structure serving the purpose over and above the annual local govern- building protecting pedestrians from rain and building code.(Minneapolis,Minn.,which uses the term "capacity in persons") ment's operating expenses, for the pur- sun, which structure projects from a chase, construction, or replacement of building and the width of which ■capacity, net Population and em- the physical assets for the community. ("width" being taken as the dimensions ployment growth likely to occur under (Park City,Utah) parallel to the face of the building)is not zoned capacity, minus existing infra- greater than one-fourth the width of the structure and service standard limita- A program, administered by a city or face of the building or 20 feet,whichever tions.(Renton,Wash.) county government and reviewed by is lesser.Such structure must be open on its planning commission, which sched- three sides and, if ground-supported, •capacity, planned Population and ules permanent improvements,usually supports must be confined in number employment growth planned(contained for a minimum of five years in the fu- in local comprehensive plans with a ture,to fit the projected fiscal capability and cross-section area to the minimum necessary for actual support of the specified horizon) in the context of the of the local jurisdiction. The program canopy.(Denver,Colo.) Countywide Planning Policies. (Renton, generally is reviewed annually for con- Wash.) formance to and consistency with the • canopy, building A rigid multi- general plan. (California Planning sided structure covered with fabric, w capacity, zoned Population and employment growth permitted under Roundtable) metal,or other material,and supported current zoning, land development, and A community's present and near-future by a building at one or more points or ex- environmental regulations. (Renton, financial plan that matches future capital tremities and by columns or posts em bedded in the ground at other points or em- Wash.) improvement costs,such as sewers,hos- extremities. Any structure that extends •capital budget A plan of proposed pitals,and roads to anticipated revenues. above any adjacent parapet or roof of capital outlay appropriations and means The planning and zoning commission supporting building is not included of financing them. (Indian River County, should be given authority to develop within the definition of building canopy. Fla.) and review the CIP proposal, thereby (Renton,Wash.) linking planning to the annual bud- /"-\ •capital improvement Any physical getary process. CIPs are usually pre- ■canopy,entrance A roof-like cover- asset constructed or purchased to pro- pared for five or six years and updated ing over a door or an opening of a struc- vide,improve or replace a public facility annually.(Iowa State University Extension ture intended and used for the purpose and which is large scale and high in cost. Service) 58 commuter rail concurrency management system sists in matching employees for the pur- •compensable/compensative regula- A commercial or public solid waste pro- . pose of sharing rides to reduce drive- tions Regulations that permit the pay- cessing facility where yard or garden alone travel.(Tucson,Ariz.) ment of compensation to property own- waste is transformed into soil or fertil- ers when their land is severely dimin- izer by biological decomposition. (Blue •commuter rail (See also transit, light ished in value as a result of the regula- Springs,Mo.) rail(LRT)) The portion of passenger tions. Such regulations are a device to railroad operations that carries passen- •comprehensive plan (See also general chart the middle course between police plan; master plan) A plan for devel- power within urban areas, or between P p P power regulations and eminent domain; meat of an area which recognizes the urban areas and their suburbs, but dif- opment is,when there is an effective taking p fers from rail rapid transit in that the physical,economic,social,political,aes- of the land or most of its value. They thetic,and related factors of the commu- passenger cars generally are heavier,the t , have been proposed to keep land in a rel- average nit involved. (Handbook for Planning trip lengths are usually longer, Y for i, atively undeveloped state and thus have Commissioners in Missouri) and the operations are carried out over some of the same elements as the pur- tracks that are part of the railroad sys- chase of development rights. A compilation of policy statements, tem.(Sacramento Regional Transit District) Compensable regulations have seldom goals and objectives, standards, maps, •company town Employee housing been employed in actual practice. (PAS and statistical data for the physical, so- and supporting commercial,office,recre- Report No.322,The Language of Zoning) cial, and economic development, both ational,professional,administrative,and public and private,of[the] community. •compensation project (See wetland (Las Cruces,N.Mex.) other ancillary uses associated with the compensation project) functioning of an isolated industrial, ■computer design and development mining, energy production, utilities, re- •compensatory mitigation (See wet- facility A business primarily en- sorts,or agricultural-based use.This de- land compensatory mitigation) gaged in the development or engineer velopment may occur on a single parcel •compensatory storage(See floodplain ing of computer software or computer �� or multiple parcels. fWashoe County, hardware, but excluding retail sales, compensatory storage) g T Nev.) computer hardware manufacturers,and •compost A humus-like material, •compatibility The characteristics of computer repair services.(Boulder,Colo.) produced from composting, that has different land uses or activities that per- been stabilized to a degree that is poten- ■concentrated animal feeding opera- mit them to be located near each other in tially beneficial to plant growth and us- tion(CAFO)(See feedlot) %° harmony and without conflict. It is a able as a soil conditioner,top soil,grow- general but important concept which •concept plan Written and graphic ing medium amendment,or other simi- documents submitted for rezoning of a forms the basis for the separation of lar uses to buffer the soil Ph, improve uses, through zoning, into districts. tract to Planned Unit Development Con- , (Handbook for- Planning Commissioners in soil aggregation and filth, reduce ero- (Handbook (PUD) that indicate in a conceptual z sion, enhance water infiltration and re- . 1 Missouri) form the proposed land uses and their tention, increase soil porosity and aera- overall overall impact on the subject tract and sur- •compatible (1) Having harmony in tion,slow the rate of temperature change rounding tracts.... (Baton Rouge,fn.) design and/or appearance between two in soil,provide food for soil microorgan- I or more attributes of a structure; (2) isms,or enhance availability of micronu- ■concurrency Installation and opera- Having harmony in design and/or ap- trients in soils.(Boise City,Idaho) tion of facilities and services needed to pearance between two or more strut- meet the demands of new development ■composting Processing waste in a simultaneous with the development tures; (3) Having harmony in design controlled environment to produce a sta- (California Planning Roundtable) and/or appearance between two or ble product by microbiologically degrad- more attributes of a neighborhood;or(4) .' 7 ing organic matter under aerobic condi- • concurrency determination network Having harmony in use or function be- tions.(State of Vermont) A listing of all existing and planned tween two or more attributes of a neigh- roadway segments . . . that comprise borhood or area.(Thornton,Colo.) •composting facility (See also solid the roadway network to be used when waste compost facility) A facility evaluating the traffic impacts of a pro - where of existing together without where organic matter that is derived pri- conflict g P P or ill effects.(California Planning posed development. (Indian River �.' manly from off-site is to be processed by County,Fla.) Roundtable) composting and/or is processed for Any property, use,or service that is ca- commercial purposes. Activities of a •concurrency management system The pable of direct association with certain composting facility may include man- process used to determine that public fa- other uses because it is complementary, agement,collection,transportation,stag- cilities and services needed to support de- - congruous,or otherwise nondetrimental. ing, composting, curing, storage, mar- velopment are available concurrent with , (Gurnee,Ill.,which uses the term "compati- keting, or use of compost. (Boise City, the impacts of such development.(Indian ble use") Idaho) River County,Fla.) yard sale zoning administrator defined under "lot line, rear." (Mont- 'T-_ T- 'l gomery County,Md.)A and extendin across the full width of I' ll/k,"a lot and lying between a rear lot line of the lot and the nearest point of the build in R e NY.) � �. g ( y , •yard sale (See garage sale; rummage /: sale) I` j j 1 •yard, side A yard between any L.._.. ..-j•-"-._..J..-.. .._._i building and the side lot line,extending ZERO LOT LINE from the front yard to the rear yard, or front lot line to rear lot line where no A planned arrangement of buildings Commentary:We have opted to list various front yard or rear yard is required. The which touch lot lines,thereby providing specific zones or zoning districts by the name width of the required side yard shall be zero yard on that side.(El Paso,Tex.) of the zone.So,you will find"floating zone," ti measured horizontally from the nearest "holding zone," "interim zone," "overlay tpoint of the side lot line to the nearest A planned unit development in which a zone," "planned zoning district," "transi- part of the building.(Multnomah County, structure is sited on two or fewer lot tionnl zone," and "underlying zoning dis- OreJ lines with no yard,permitting site design trict"alphabetized under their names. flexibility while increasing the quantity Open space between the side lot line, of usable open space on the lot.(Conyers, •zoning The division of a city or and the side street line or the proposed Ga.) county by legislative regulations into side street line, if such line falls within areas,or zones,which specify allowable the lot,and the nearest line of the build- A common lot line on which a wall of a uses for real property and size restric- ing, porch or projection thereof,extend- structure may be constructed. (Austin, tions for buildings within these areas. ing from the front yard to the rear yard, Tex.) Also, a program that implements poli- or in the absence of either such yards to zone or zoning district Any section ties of the General Plan.(California Plan- the front lot line or rear lot line. The or sections of the city for which the regu- ping Roundtable) width of a side yard is the shortest dis- lations governing the use of land and the tance between the side lot line and the A police power measure in which the use,density,bulk, height, and coverage community is divided into districts or nearest point of the building, porch, or of buildings and other structures are uni- projection. For a corner lot in a residen- zones within which permitted and spe- form. (Staunton, Va., which uses the term cial uses are established as are regula- district") zone defined by two street lines con- district"") netted by a third line having a length of tions governing lot size, building bulk, ,\:'' less than 50 feet(commonly known as a A specifically delineated area or district placement,and other development stan- "truncation"),the side yard must be mea- in a municipality within which regula- dards.(Sacramento,Calif.) sured from the side street line,not from tions and requirements uniformly goy- Commentary: We have opted to list various the truncation line.(Montgomery County, em the use,placement,spacing,and size specific types of zoning the name of the type.So, Md.) of land and buildings. (Siskiyou County, you will find"aesthetic zoning,""airport non- Calif.) zoning,""as-of-right zoning," ing,""areawide zoning, as-of-right zoning, ■ yard trash (See also waste, yard) „ Solid waste solely consisting of vegeta- Any zone as shown on the city's zoning "conditional zoning,""cumulative(pyramidal) tive matter resulting from landscaping map for which there are uniform regula- zoning," "density zoning," "Euclidean zon- maintenance, including grass clippings. tions governing the use of buildings and ing," "exclusionary zoning," "existing use (Alamance County,N.C.) premises or the height and area of build- zoning," "incentive zoning," "ixclusionary i gs.(Scottsdale,Ariz.) zoning,""performance zoning,"and"spot non- •youth hostel A place where travel- ing"alphabetized under their names. ers may stay for a limited duration, as (1)An area of a city or county that has a recognized by the International Hostel unique character identifiable as different • zoning administrator Generally, Association.(Fairbanks North Star Borough, from surrounding areas because of distinc- the local official responsible for granting Alaska) tive architecture, streets, geographic fea- zoning permits and, following a deter- tures,culture,landmarks,activities,or land mination by the zoning board,for special •zipper lot(See lot,zipper) uses.(2)A portion of the territory of a city permits and variances. Decisions of the zero lot line A detached single-family or county within which uniform zoning official usually are appealable. In some unit distinguished by the location of one regulations and requirements apply; a places,the term is used to mean the hear- exterior wall on a side property line. zone.(California Planning Roundtable) ing examiner. (PAS Report No. 322, The (California Planning Roundtable) Language of Zoning) zoning amendment zoo private •zoning amendment A change in The map or maps that are a part of this /"..■ the wording,context,or substance of this zoning code and that delineate the title or a change in the zoning or district boundaries of all mapped zoning dis- boundaries of the official zoning map,to tricts within the physical boundary of be made a part of this title. (West Des the city.(Newport,R.I.) Moines,Iowa) •zoning permit A document signed •zoning certificate A document by the zoning officer,as required in this signed by the zoning officer,as required chapter,as a condition precedent to the by this zoning code, which acknowl- commencement of a use or the erection, edges that a use, structure,building, or construction,reconstruction,restoration, lot either complies with or is legally alteration,conversion,or installation of a nonconforming to the provisions of this structure or building, which document zoning code or is an authorized variance acknowledges that such use, structure, or modification therefrom. (Newport, or building complies with the provisions R.I.) of this chapter or an authorized variance therefrom.(Siskiyou County,Calif) •zoning code(See also unified develop- ment code) The duly approved, en- Written approval by the zoning adminis- acted,and amended ordinance that con- trator that is required before commenc- trols and regulates land use in the city. ing any construction, reconstruction,al- (Maryland Heights,Mo.) teration of any building or other struc- ture or before establishing,extending,or An ordinance enacted by the city council changing any use on any lot. (Nashville pursuant to [state law] that sets forth and Davidson County,Tenn.) regulations and standards relating to the nature and extent of uses of land and ■zoo An area,building,or structures structures, which is consistent with the which contain wild animals on exhibi- /...1 comprehensive plan of the city,which in- tion for viewing by the public. (Cecil eludes a zoning map,and complies with County,Md.) the provisions of [state law]. (Newport, •zoo, private Any lot, building, R.I.) structure,enclosure,or premises where- •zoning enforcement officer (See also upon or wherein are kept by any person, code enforcement) The officer desig- other than a municipal corporation, the nated by the [jurisdiction] as the officer United States, the state, or any political responsible for enforcing and adminis- subdivision thereof, two or more wild tering the requirements of the ordinance. animals, whether such keeping is for (McHenry County,Ill. pleasure, profit, breeding or exhibiting, and including places where two or more •zoning lot A lot or portion thereof wild animals are boarded, kept for sale within a single zoning development dis- or kept for hire.(Carlsbad,Calif.) trict,except as permitted under planned development or joint use approval shall be considered and treated as one zoning lot.(Maui County,Hawaii) •zoning map A map that graphically shows all zoning district boundaries and classifications within the city, as con- tained within the zoning code,which is signed by the community development director and on file in the planning de- partment.(Escondido,Calif.) """\ The map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in the zoning ordinance.(Grand Forks,N.D.) 261 205.02.08. 205. ZONING (Ref. 24, 28, 37, 53, 58, 70, 84, 87, 88, 93, 95, 97, 98, 99, 100, 101, 107, 108, 110, 116, 117, 120, 127, 128, 129, 130, 131, 132, 133, 135, 137, 138, 139, 140, 142, 143, 145, 146, 147, 149, 150, 151, 152, 156, 160, 162, 163, ..""" s 164, 165, 167, 169, 173, 174, 175, 181, 185, 186, 187, 192, 195, 198, 199, 202, 203, 205, 209, 212, 217, 225, 226, 231, 232, 233, 236, 238, 239, 242, 246, 248, 252, 260, 261, 263, 265, 266, 267, 268, 271, 272, 277, 282, 283, 284, 300, 305, 307, 309, 310, 315, 316, 324, 325, 332, 336, 337, 339, 340, 345, 346, 349, 350, 354, 357, 359, 362, 368, 375, 380, 381, 388, 395, 399, 406, 409, 412, 415, 416, 417, 418, 419, 424, 436, 441, 443, 452, 454, 459, 460, 470, 473, 476, 477, 478, 480, 482, 483, 484, 491, 494, 497, 510, 513, 515, 517, 518, 519, 523, 531, 537, 547, 554, 555, 564, 569, 571, 578, 581, 582, 584, 591, 604, 607, 608, 609, 613, 620, 621, 626, 627, 632, 634, 656, 657, 669, 670, 678, 679, 685, 691, 693, 696, 698, 703, 711, 716, 728, 731, 736, 737, 750, 751, 755, 761, 775, 777, 804, 842, 845, 864, 888, 900, 951, 952, 960, 966 and City Code Appendix D--Zoning Map Changes) (This Chapter has been recodified as of March 21, 1991, and includes all amendments to the Chapter enacted by the City Council prior to said date) (Second Reading: February 25, 1991) 205.01. PURPOSE PURPOSE The following zoning provisions and the zoning map established hereby have been enacted for the purpose of protecting and promoting the public health, safety, comfort, convenience, prosperity and general welfare of the City of Fridley. 205.02. GOALS GOALS These zoning regulations are intended to achieve the following goals : 1 . To develop and promote the economic well being of the community. 2. To promote sound land management and orderly development of the community. 3. To improve and promote safety in all transportation movements in the community. 4. To promote safety from disasters including fires, floods, etc. 5. To regulate the density of development in the City and to ensure adequate service by governmental facilities including streets, schools, recreation, fire protection, police, utility systems, drainage, etc. 6. To promote the conservation and improvement of the environment through a desirable and workable arrangement between natural features, land uses, transportation and energy systems. 7. To conserve and improve the economic value of land and buildings in the community. ,'""N 8. To promote an economic base capable of supporting a desirable standard of living for all residents. 03/91 205 -1 205.03.07. 9. To maintain the City's image. 10. To provide for and maintain a diversity of suitable housing and living environment for all persons. 11. To achieve the goals and objectives and to guide and direct the community's development based on the "Comprehensive Plan" as adopted by the City Council. 205.03. DEFINITIONS DEFINITIONS For the purpose of this Chapter certain terms and words are hereby defined: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to" . 1. Accessory Building or Use. A subordinate building or use which is located on the same lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. 2. Alley. A public right of way less than thirty (30) feet in width which affords secondary access to an abutting property. n 3. Alternate Energy Devices. Non-fossil fuel energy devices. 4. Apartment. A room or suite of rooms in a multiple dwelling which is arranged, designed, used or intended to be used as a dwelling unit for one (1) family. 5. Automobile Service Station. A place where fuel and other essential services related to the operation of motor vehicles are retailed directly to the public. This does not include motor vehicle repair. 6. Bicycle Lanes And Ways. A bicycle lane is any portion of a roadway set aside for the exclusive use of bicycles or other vehicles propelled by human power and so designated by appropriate signs and markings. A bicycle way is a path, sidewalk or portion thereof designated for use by bicycles or other vehicles propelled by human power. 7. Block. That property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or nearest 10/90 205-2