CHA 04/29/2003 CITY OF FRIDLEY
•-■ CHARTER COMMISSION
AGENDA
TUESDAY, APRIL 29, 2003 7:00 P.M.
LOCATION: Fridley Municipal Center
MEETING ROOM 1 (Lower Level)
CALL TO ORDER:
ROLL CALL:
APPROVAL OF AGENDA:
1. APPROVAL OF MINUTES
March 18,2003
2. Administrative Matters
A. Swearing in of Commissioners Alvite Warren and Monden
B. Vacancy
C. City Manager Budget Meeting May 12,2003
3. Discussion of Mission Statement
4. Consideration of items for future discussion
5. Review of Chapter 7-Discussion of Glossary/Index
6. Adjournment
Next regular meeting: Monday, May 19, 2003, at 7:00 p.m. in Meeting Room 1
in the Lower Level
?„-■ CITY OF FRIDLEY
CHARTER COMMISSION MEETING
March 18,2003
CALL TO ORDER:
Chairperson Gordon called the Charter Commission meeting to order at 7:03 p.m.
ROLL CALL:
Members Present: Suzanne Alvite Warren,Don Findell,Char Fitzpatrick,Craig Gordon,Harry Heck,Nancy
Jorgenson,Cindy Soule,and Dale Warren
Members Absent: Anita Gerrety,Bill Holm,Janet Johnson,Deborah Monden,Francis Van Dan
APPROVAL OF AGENDA:
Commissioner Heck MOVED and Commissioner D.Warren seconded a motion to approve the agenda.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF THE FEBRUARY 18,2003,CHARTER COMMISSION MINUTES:
Commissioner Jorgenson MOVED and Commissioner D.Warren seconded a motion to approve the February 18,
2003,Charter Commission Minutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
A. Election of Officers
Chairperson Gordon reported the names recommended by the Nominating Commission and ask if there
were any further nominations. There were no further nominations.
Commissioner Heck MOVED and Commissioner Soule seconded a motion to elect Don Findell as Chair,
Nancy Jorgenson as Vice Chair and Deborah Monden as Secretary as recommended by the Nominating
Committee.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPESON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Newly elected Chairman Findell referred the meeting back to former Chairperson Gordon to complete the
meeting.
B. Vacancies
The Commissioners discussed the two vacancies that existed. They agreed to recommend Carol Hoiby for
n appointment to the Charter Commission if she sent a letter or application expressing her interest.
CHARTER COMMISSION MEETING OF MARCH 13,2003 PAGE 2
The Commissioners requested that Commissioner Jorgenson notify Brian Strand to provide information on
Cable TV,including the correct dates of the meeting dates due to the changes that were made.
Chairperson Gordon noted that Deb Skogen had found the letter he had mailed out to organizations the
previous year looking for volunteers for Chairperson Findell if he wanted to use it.
Commissioner Findell expressed an interest in surveying the members to see what piqued their interest in
joining the Commission. Commissioner Jorgenson replied that in her previous role on the city council,she
had talked to a lot of the Commissioners about the Commission.
2. DISCUSSION OF CHARTER AMENDMENT—CHAPTER 7
Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to approve the Charter
Amendment as proposed. Commissioner Jorgenson stated Finance Director Rick Pribyl had addressed the
Commission twice regarding the proposal.
Chairperson Gordon said the language helped to clarify the Charter and to make it more consistent with the MN
State Statutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Commissioner Heck MOVED and Commissioner D.Warren that the proposed amendment to City Charter Chapter
7.15.2 be forwarded to the city council
Commissioner Soule wondered if there were any other sections that needed to be forwarded.
Commissioner Jorgenson said they had asked staff to do a cross check of the charter to see if there were any other
portions of the Charter that needed to be changed in relation to this change in Chapter 7.
Chairperson Gordon said staff would prepare the amendment to an ordinance to send to the City Council for their
action.
Commissioner Fitzpatrick wondered when the amendment could be sent to the City Council. Commissioner
Jorgenson felt the earliest would be April 14`h.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3. DISCUSSION OF MISSION STATEMENT
Chairperson Gordon stated Commissioner Van Dan was unable to attend but was planning on drafting a mission
statement and tabled this portion of the agenda.
4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION
Chairperson Gordon asked for any items the Commissioners would like to address in the future.
Commissioner Heck asked if the Charter Commission was supposed to address Instant Run-Off Voting due to the
presentation made last meeting.
Commissioner Jorgenson said Mr.Solgard only made a presentation to the Charter Commissioners for their
information.
CHARTER COMMISSION MEETING OF MARCH 13,2003 PAGE 3
Commissioner Jorgenson wondered what might happen with the budget deficit and the proposed loss of revenue to
the cities. In addition,she was concerned about the possible state adoption of a reverse referendum which would
allow the citizens to hold an election to reverse the levy the city would need after the city council adopted a budget.
She wondered if that would have any impact on the Charter Commission. Commissioner Jorgenson said the state
law would supercede the charter,unless there was a provision in the law to not include Home Rule Charter Cities.
Currently our charter does not allow a petition to change the budget or the levy. The Charter can only allow citizens
to change an ordinance.
5. DISCUSSION OF GLOSSARY/INDEX
Chairperson Gordon said this item was placed at the end of the meeting for discussion.
Commissioner Soule wondered about the words that had no definitions. Chairperson Gordon said the words were
added to the glossary for discussion purposes,so the Commission would not forget to address and define.
Commissioner Heck felt there was a momentum going by having members address certain sections of the Charter
and wondered if they should continue that way.
Chairperson Gordon said they were far from providing a draft,that this was a project that they could work on when
there was no other business.
Chairperson Gordon said there had been no decision as to whether or not the glossary should be added the Charter or
not. He said the Charter Commission Attorney opined that they could have a glossary. However,he did note that
there were Commissioners that had strong opinions on one side or the other.
Chairperson Gordon said that terms would be added that would not change the intent of the Charter or were too
ambiguous. They would want terms that were easy to understand.
Commissioner Jorgenson said there were two different definitions for eminent domain,one that was defined by state
statute and another that was created because people felt important to have the"just compensation"terminology
included.
Commissioner Jorgenson suggested looking at chapter 7 because of the amendment.
Commissioner Findell was concerned because they had voted to send the amendment to the council and felt if
someone was opposed,they would have voted against the amendment.
Commissioner Jorgenson said they could vote to reconsider the amendment if there was consensus to review Chapter
7 for additional terminology.
Commissioner D.Warren MOVED and Commissioner Jorgenson seconded a motion to reconsider sending the
amendment to the council at this time to review Chapter 7 further to see if there is other terminology to define.
Commissioner Jorgenson felt the Commission should wait until after the legislative session in case there were other
changes needed regarding Chapter 7. She said it was expensive to publish the amendment and preferred to wait in
case other changes were needed.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Commissioner Soule requested the agenda for the next meeting to include Sections 7.16,7.17 and 7.18.
It was recommended that the Commissioners bring their Charter books to the next meeting.
CHARTER COMMISSION MEETING OF MARCH 13,2003 PAGE 4
Chairperson Gordon thanked all of the Commissioners for their support during his tenure. The Commissioners
thanked Chairperson Gordon in return for all of his hard work and dedication.
ADJOURNMENT:
Commissioner Findell MOVED and Commissioner Heck seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 7:55 P.M.
Respectfully submitted,
Debra A. Skogen, Deborah Monden,Secretary
City Clerk/Staff Liaison
n
FILED
STATE.OF MINNESOTA IN DISTRICT COURT
MAR 2 6 ri
COUNTY OF ANOKA JA y MF. RsRO
W TENTH JUDICIAL DISTRICT
ArroliQ1'tounty. a
y}�'
s,
KAREN 0 r f,
ORDER APPOINTING MEMBERS TO THE
CITY OF FRIDLEY CHARTER COMMISSION
NOW,THEREFORE, IT IS HEREBY ORDERED:
That Suzanne Alvite Warren is appointed to the City of Fridley Charter
Commission beginning March 24, 2003 through March 24,2007.
* * *
r
DATE I r► tk, --
C o p,�uinn
.'e udge
Tenth Judicial District
FILED
STATE OF MINNESOTA IN DISTRICT COURT
MAR 2623
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
JAlF, M2RROW
Amha campy,r2:4
KAREN !LLG
cam,►
ORDER APPOINTING MEMBERS TO THE
CITY OF FRIDLEY CHARTER COMMISSION
NOW,THEREFORE, IT IS HEREBY ORDERED:
That Deborah Monden is appointed to the City of Fridley Charter
Commission beginning March 24,2003 through March 24, 2007.
* * *
DATE / * C�l/ �1t�. -(- -
Jo t-p .uinn
s .ef Judge
Tenth Judicial District
2003 Charter Commission Membership
Name/Address..., . . Phone .,, = 1 ail Appointed M4 igrat.Oki
Alvite'Warren,Suzanne (h)574-0772 6-16-97(v) 1-24-99
6220 Jupiter Drive NE (w) 2-8-99(1) 1-24-03
55432 3-24-03(2) 3-26-07
Findell,Donald (h)763-571-0467 donfmder @aol.com 6-16-97(v) 5-11-01
6850 Siverts Lane (w)Fax 763-571- 2-21-01 (1) 5-1-05
55432 7386
Char Fitzpatrick (h)572-9615 5-7-02(v) 2-21-05
5273 Horizon Drive NE
55421
Gerrety,Anita (h)571-5586 a.themell @attnet 4-22-02(1) 4-22-06
1602 Woodside Court (w)952-942-9110
55432
Gordon,Craig (h)574-9807 2-8-99(v) 5-11-01
PO Box 32622 (w)571-4959 2-21-01 (1) 5-1-05
55421
Heck,Scott"Harry" (h)572-0677 2-21-01 (1) 2-21-05
6032 2 1/2 Street NE (w)
55432
Holm,William (h)784-7052 holm @goldengate.co 4-26-96(v) 5-24-99
7424 Melody Drive NE (w) m 4-9-99(1) 5-24-03
55432
Johnson,Janet (h)571-8359 jjohnson@mediation.s 4-22-02(1) 4-22-06
1579 Briardale Road (w)651-649-5426 tate.mn.us
55432
Jorgenson,Nancy (h)571-1648 Njorgenson @aol.com 2-21-01 (1) 2-21-05
5730 Polk Street NE (w)
55432
Monden,Deborah (h)783.3575 DWmonden@netscape 4-9-99(v) 1-24-03
211 79th Way NE,#2 (w) .net 3-26-03(1) 3-24-07
55432
1-24-03
1-24-03
Soule,Cynthia (h)572-9666 csoule @elcabop.org 6-16-97(v) 5-11-01
7838 Firwood Way (w) 2-21-01 (1) 5-1-05
55432
Van Dan,Francis (h)571-3177 bimipula @juno.com 5-5-95(v) 5-11-97
6342 Baker Avenue NE (w) 97?(1) 5-11-01
55432 2-21-01 (2) 5-1-05
Warren,Dale (h)574-0772 warrend @ci.fridley.m 3-15-02(1) 3-15-06
6220 Jupiter Drive NE (w)572-3523 n.us
55432
Memo to : The Mayor and City Council
From: William W.Burns, City Manager
Subject: Discussion Meetings with Boards and Commissions
Date: 4-9-03
Here is a proposed list of discussion topics for each of the discussion meetings that we have
coming up in April and May with commissions. If you have suggestions for change, please
let me know. Thanks.
April 21 Planning Commission/Appeals Commission
• Reuse of the United Defense Site
• Medtronic Parkway Extension
• Portable Signs
• Coping with State Budget Cuts
1. Budget cutting strategies
2. Revenue options ..... liquor stare north, street reconstruction levy,
automated meter reading, alternative judicial process, fee revisions.
May 1 ..... Housing and Redevelopment Authority
• Gateway West
• Reuse of United Defense Site
• Medtronic Parkway Extension.
May 5 ..... Parks and Recreation Commission
• The Dunes
• The Elder Ready Community
• Fee Adjustments/Waivers
• Coping with State Budget Cuts
1. Budget cutting strategies
2. Revenue options ..... liquor store north, street construction levy, automated
meter reading, alternative judicial process, fee revisions
May 12 ..... EQEC,Charter Commission, Cable Commission
• Expansion of EMT Program to Include Advanced Medical Skills
• Regulation of Ultimate Fighting
• Fireworks Ordinance
• Police Department Youth Programs
• Coping with State Budget Cuts
e•-"N ORDINANCE NO.
AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 7.
TAXATION AND FINANCES
The Fridley City Council hereby finds after review, examination and recommendation of the
Fridley Charter Commission and staff that Chapter 7 of the Fridley City Charter be amended as
follows::
Section 7.15. BONDED DEBT AND DEBT LIMIT.
1. In addition to all the powers in respect to borrowing and the issuance of bonds and other
obligations for the payment of money specifically or impliedly granted by this Charter, and
any amendments thereto, the City shall have all the powers in reference to these subject
matters granted to cities of its same class by the laws of the State of Minnesota in force from
time to time. The City shall have the power to issue and sell its bonds to the State of
Minnesota and to comply with all provisions of law relative to loans to municipalities from
the permanent State funds. The City shall also have such powers as are necessary to obtain
loans or funds from the Government of the United States and any of its instrumentalities or
from the State of Minnesota or any of its instrumentalities, and to comply with all provisions
of law relative to obtaining such loans or funds.
2. The Council by a vote of at least four(4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law, or may in its
discretion, by a majority vote of all of its members submit to the electorate propositions for
the issuance of such bonds. When such a proposition is submitted to the electorate, no
bonds or other term obligations of the City may be issued except pursuant to a favorable
vote of a majority of those voting on the proposition of their issuance. By the proceedings
for the issuance of any bonds, by the terms of the bonds and by agreements with the
purchasers of bonds, they may be made special in character and limited in their payment to
earnings or to part earnings and part tax funds. To the extent that they are thus payable out
of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total
headed net debt of the City at the ay time shall not exceed-ten
percent (10%) 2% of the market value of the taxable property
therein, or the limit authorized by State law for cities of the same class, whichever is the
greater,but in computing the total bonded debt, certificates of indebtedness,bonds,warrants
or other obligations issued before or after adoption of this Charter shall not be included or
counted if(1)held in a debt service sinkift fund maintained by the City; or(2) issued for
the acquisition, equipment, purchase, construction, maintenance, extension, enlargement or
improvement of street railways, communication lines, water,
lighting, heat and power plants, or either, or any other public convenience from which a
revenue is or may be derived, owned and operated by the City, or the acquisition of property
needed in connection therewith,or for the construction of public drainage ditches, storm and
sanitary sewers, or for the acquisition of lands for streets, parks, or other public
improvements or for the improvement thereof, to the extent that they are payable from the
Ordinance No. Page 2
proceeds of assessments levied upon property especially benefited by such improvements;
or(3)issued for the creation of maintenance of a permanent improvement revolving fund; or
(4) for the purpose of anticipating the collection of general taxes for the year in which
issued. (Ref. Ord. 857)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2003.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Published:
�.., FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.01. COUNCIL TO CONTROL FINANCES.
The Council shall have full authority over the financial affairs of the City, and shall provide for the
collection of all revenues and other assets, the auditing and settlement of accounts, and the
safekeeping and disbursement of public moneys. In the exercise of a sound discretion it shall make
provisions for the payment of all liabilities and expenses. The Council shall establish the fiscal year
for the City.
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, 1102 and 11/7/00 Amendment)
Nothing in this provision shall be construed to impair any general obligation the City may
have in support of otherwise lawful indebtedness or similar obligation supported by the full
faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City. (Ref Ord 1152)
2. The City Council may also levy a tax 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,
1102 and 11/7/00 Amendment)
D. The additional tax levy shall take effect if 51% of the votes cast at said election are
in favor of its adoption.
04/09/01
Fridley City Charter Chapter 7 Section 7.03
3. Any other fees created,or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees"includes sales and use taxes,utility
charges,recycling fees,gas and electric franchise fees and any other fee that
produces a tax burden or direct financial obligation for all property owners and/or
residents of Fridley. (Ref Ord 1152)
B. For the purposes of this subsection,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 housing fees,building permit fees, liquor license fees,the
extension or transfer of cable television service authority to additional service
providers for which fees are already being charged, fees for the operation of junk
yards, annual license fees for the operation of pawn shops and other regulated
business,and any other charge for services,including health and safety related Code
enforcement,and other goods, services or materials routinely provided by the City to
its citizens or other members of the public which,by law,must be limited to the
actual cost of the service being provided. The term"fees" shall not include any
special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152)
C. For the purposes of this subsection, "fee increase" includes a new tax or fee,a
monetary increase in an existing tax or fee,a tax or fee rate increase,an expansion
in the legal definition of a tax or fee base,and an extension of an expiring tax or fee.
(Ref Ord 1152)
D. For the purposes of this subsection, "city"includes the city itself and all its
departments and agencies that are organized to exercise the"Powers of the City" as
defined in Chapter 1 of this Charter. "City" shall not include any body of
government owing its existence to separate constitutional or statutory authority
outside of the Charter,regardless of whether that other body of government has
jurisdiction or performs duties and services within the boundaries of the City. (Ref
Ord 1152)
E. For the purpose of addressing natural disasters this subsection does not apply to any
specific emergency measure authorized in Chapter 7, Section .08 (7.08). (Ref
11/7/00 Amendment)
Section 7.03. BOARD OF REVIEW.
The Council shall constitute a board of review and shall meet as such in the usual place for holding
Council meetings to equalize the assessed valuations according to law, and a published notice of
such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the
day of said meeting. (Ref. Special Election 4/12/60, Ord. 592)
04/09/01
Fridley City Charter Chapter 7 Section 7.05
Section 7.04. PREPARATION OF ANNUAL BUDGET.
1. The City Manager shall prepare the estimates for the annual budget which shall include any
estimated deficit for the current year. The estimates of expenditures shall be submitted by
each department to the City Manager. Each estimate shall be divided into three (3) major
subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay.
Salary detail shall show a list of all salaried officers and positions with salary allowance
and number of persons holding each. Wages shall be broken down in sufficient detail to
justify the request. Ordinary expenses shall be broken down into such detail as the City
Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord.
625)
2. In parallel columns shall be added the amounts expended under similar headings for the two
(2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated
for expenditure during the current year. In addition to estimates of expenditures, the City
Manager shall prepare a detailed statement of revenues collected for the two (2) preceding
completed fiscal years with amounts estimated to be collected for the current fiscal year,
and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted o
the Council at its last regular monthly meeting in August and shall be published twice in
summary in the official Publication prior to November 15. (Ref. Ord. 625, Ord. 946)
Section 7.05. PASSAGE OF THE BUDGET.
The budget shall be a principal item of business at the last regular monthly meeting of the
Council in August, and the Council shall hold subsequent meetings from time to time until all the
estimates have been considered. The meetings shall be so conducted as to give interested
citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions.
The budget estimates shall be read in full and the City Manager shall explain the various items
thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed
upon shall set forth in such detail as may be determined by the City Council, the complete
financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the
Councilupon being adopted. It shall indicate the sums to be raised and from what sources, and
the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The
total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the
budget by resolution in accordance with State Law. The resolution shall set forth the total of the
budget and the totals of the major divisions of the budget, according to the plan indicated in
Section 7.04. The budget resolution as adopted shall be published in the official publication.
(Ref. Ord. 625, Ord. 946)
04/09/01
Fridley City Charter Chapter 7 Section 7.09
Section 7.06. ENFORCEMENT OF THE BUDGET.
It shall be the duty of the City Manager to enforce strictly the provisions of the budget. The City
Manager shall not approve any order upon the City Treasurer for any expenditure unless an
appropriation has been made in the budget, nor for any expenditure covered by the budget unless
there is sufficient unencumbered balance left after deducting the total past expenditures and the sum
of all outstanding orders and encumbrances. No officer or employee of the City shall place any
orders or make any purchases except for the purposes and to the amounts authorized in the budget.
Any obligation incurred by any person in the employ of the City for any purpose not authorized in
the budget or for any amount in excess of the amount therein authorized shall be a personal
obligation upon the person incurring the expenditure. (Ref. Ord. 857)
Section 7.07. ALTERATIONS IN THE BUDGET.
After the budget shall have been duly adopted, the Council shall not have power to increase the
amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated
revenues, unless the actual receipts shall exceed such estimates, and in that event, not beyond such
actual receipts. The sums fixed in the budget shall be and become appropriated at the beginning of
the fiscal year for the several purposes named therein, and no other. The Council may at any time,
by resolution passed by a vote of at least four (4) members of the Council, reduce salaries or the
sums appropriated for any purpose by the budget, or by vote of at least four (4) members of the
Council authorize the transfer of sums from the unexpended balances of the budget to other
purposes. (Ref. Ord. 946)
Section 7.08. EMERGENCY APPROPRIATION IN THE BUDGET.
1. The Council shall have power to establish an emergency appropriation as a part of the
budget, but not to exceed ten percent (10%) of the total budget. Transfers from the
emergency appropriation to any other appropriation shall be made only by a vote of at least
four(4)members of the Council.
2. The sums transferred to the several departments or divisions shall be considered as a part of
such appropriations and shall be used only for the purposes designated by the Council.
Section 7.09. LEVY AND COLLECTION OF TAXES.
In accordance with Minnesota State Law,the Council shall levy by resolution the taxes necessary to
meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to
the county auditor annually, not later than the date required by Minnesota Law, a statement of all
the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in
like manner as state and county taxes. No tax shall be invalid by reason of any informality in the
manner of levying the same, nor because the amount levied shall exceed the amount required to be
raised for the special purpose for which the same is levied,but in that case the surplus shall go into
a suspense fund, and shall be used to reduce the levy for the ensuing year. (Ref. Ord. 625, Ord.
946)
04/09/01
Fridley City Charter Chapter 7 Section 7.12.0
Section 7.10. TAX SETTLEMENT WITH COUNTY.
The City Treasurer shall see to it that all moneys in the county treasury belonging to the City are
promptly turned over to the City according to law.
Section 7.11. DISBURSEMENTS,HOW MADE.
All disbursements shall be made only upon the order of the City Manager and City Clerk, duly
authorized by a resolution or motion of the Council, and every such order shall specify the purpose
for which the disbursement is made, and indicate the fund out of which it is to be paid. Each such
order shall be directed to the Treasurer, and the latter shall issue a check payable to the order of the
person in whose favor the order was drawn. The Treasurer shall issue no check upon any City
funds except upon such order. In the discretion of the Council the order and check may be a single
instrument. No claim against the City shall be allowed unless accompanied by either an itemized
bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City
officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance
make additional regulations for the safekeeping and disbursement of the City's funds. The Council
may by resolution or motion provide for the regular payment without specific individual
authorization by the Council of salaries and wages of regular employees, laborers,and fixed charges
which have been previously duly and regularly incurred.
Section 7.12. FUNDS TO BE KEPT.
There shall be maintained in the City Treasury the following funds:
A. A general fund for the payment of such expenses of the City as the Council may
deem proper. Into this fund shall be paid all money not provided herein or by statute
to be paid into any other fund.
B. A debt service fund, into which shall be paid all receipts from taxes or other sources
for the payment of principal and interest of all obligations issued by the City except
bonds issued on account of any local improvement to be financed wholly or partly
by special assessments and bonds issued on account of any municipally owned
utility. Out of this fund shall be paid the principal and interest of such obligations
when due. Any surplus in such fund not needed immediately for debt service may
be invested under the direction of the Council in such securities as are authorized by
statute for the investment of such funds and such investments may be liquidated at
any time.
C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds
issued by the City except bonds issued on account of any local improvement to be
financed wholly or partly by special assessments and bonds issued on account of any
municipally owned utility. A separate bond account shall be kept for each issue of
such bonds.
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Fridley City Charter Chapter 7 Section 7.12.F
D. A special assessment fund, which shall be used to finance local improvements that
are to be paid for, in whole or in part, from special assessments against benefited
property. There shall be paid into this fund: (1) collections of special assessments,
with interest, levied against benefited property; (2)proceeds of bonds or certificates
of indebtedness sold by the City in anticipation of assessment collections and the
proceeds of interfund loans; (3) amounts from other City funds representing either
(a) apportionments of costs against the City at large, (b)benefit assessments against
City property, or(c) appropriations to maintain the integrity of the fund. There shall
be paid out of this fund: (1) all expenses and costs of the improvement projects that
are financed through the fund; (2) the redemption of all special assessment fund
bonds and certificates of indebtedness, with interest, at or before maturity, and any
interfund loans; (3) transfers to the general fund of any unencumbered surplus of
the fund, in the discretion of the Council; and (4) abatements of assessments and
refunds of receipts in error. The Council shall maintain the integrity of this fund by
appropriations from tax funds if necessary, and in addition may by ordinance create
and maintain in the fund a cash reserve sufficient for working capital purposes. In
order to anticipate the collection of special assessments the Council may by a
majority vote issue and sell bonds and certificates of indebtedness,pledging the full
faith and credit of the City, or pledging only special assessments, in such amounts
and maturities as it may determine, regardless of the provisions of Section 7.16 of
this Chapter; provided that the aggregate amount of such bonds and certificates
outstanding at any time shall not exceed the sum of the following;
(1) all assessments levied and uncollected; (2) assessable cost of work in progress;
and (3) the cash reserve for working capital as previously determined by
ordinance. In order that the fund may be administered on a self-sustaining basis;
all improvement projects financed through it shall upon completion be certified
by the City Manager as to total cost, which shall thereupon be apportioned by
the Council either as assessments against benefited property or as amounts due
from other City funds. Amounts apportioned against other City funds shall be
due not later than the dates of adoption of the corresponding assessment rolls,
shall be charged interest as in the case of assessments and shall be paid into the
fund,with any interest due,not later than one(1)year after the due dates.
E. A public utility fund into which shall be paid all money derived from the sale of
bonds issued on account of any municipally owned utility and all money derived
from the sale of utility services, and from the sale of any property acquired for or
used in connection with any such utility. There shall be paid out of this fund the
cost of the purchase, construction, operation, maintenance and repair of such utility,
including the principal of and interest upon obligations which have been or shall be
issued on its account. Separate accounts within the public utility fund shall be kept
for all utilities which are operated separately.
F. In addition to the foregoing funds, there may be maintained in the City Treasury,
whenever the Council deems it advisable,the following funds:
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Fridley City Charter Chapter 7 Section 7.14
1. A working capital or revolving fund, for financing self-sustaining activities
not accounted for through other funds.
2. A trust and agency fund, for the care and disbursement of money received
and held by the City as trustee or custodian or in the capacity of an agent
for individuals or other governmental units.
3. Such other funds as may be required by statute or ordinance. In lieu of
establishing any of the three(3)foregoing types of funds, Subsections 1,2,
and 3,the Council may provide for the recording of operations or activities
for which the use of such funds night be suitable through the maintenance of
separate accounts in any appropriate fund already established. The Council
shall have full power to make by duly adopted ordinance such interfund
loans,except from funds held under Subsection 2 hereof,as it may deem
necessary and appropriate from time to time.
Section 7.13. RECEIPTS TO GO TO CITY TREASURER.
All receipts of money belonging to the City, or any branch thereof, excepting only those funds
collected by the County Treasurer, shall be paid to the City Treasurer by the person authorized to
receive the same. All such moneys, and also all moneys received upon tax settlements from the
County Treasurer, shall be deposited as soon as possible in a bank or banks approved by the City
Council, subject to state laws regulating the designation of depositories for municipal funds.
Section 7.14. ACCOUNTS AND REPORTS.
The City Manager shall be the Chief Accounting Officer of the City and of every branch thereof,
and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other
devices consistent with the law, this Charter and the ordinances in accord with it. The City
Manager shall submit to the Council a statement each month showing the amount of money in the
custody of the City Treasurer,the status of all funds, the amount spent or chargeable against each of
the annual budget allowances and the balances left in each and such other information relative to
the finances of the City as the Council may require. The Council may at any time and shall
annually provide for an audit of the City finances by a certified public accountant or by the
department of the State authorized to make examination of the affairs of municipalities. On or
before the first day of April in each year the City Manager shall prepare a complete financial
statement in form approved by the Council of the City's financial operations for the preceding
calendar year, and quarter, which statement may be published in such manner as the Council may
direct and a summary thereof shall be published in the official newspaper on or before the third
week in April,July, October and January as appropriate. (Ref. Ord. 625, Ord. 857)
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Fridley City Charter Chapter 7 Section 7.15.2
n Section 7.15. BONDED DEBT AND DEBT LIMIT.
1. In addition to all the powers in respect to borrowing and the issuance of bonds and other
obligations for the payment of money specifically or impliedly granted by this Charter, and
any amendments thereto, the City shall have all the powers in reference to these subject
matters granted to cities of its same class by the laws of the State of Minnesota in force
from time to time. The City shall have the power to issue and sell its bonds to the State of
Minnesota and to comply with all provisions of law relative to loans to municipalities from
the permanent State funds. The City shall also have such powers as are necessary to obtain
loans or funds from the Government of the United States and any of its instrumentalities or
from the State of Minnesota or any of its instrumentalities, and to comply with all
provisions of law relative to obtaining such loans or funds.
2. The Council by a vote of at least four(4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law, or may in its
discretion, by a majority vote of all of its members submit to the electorate propositions for
the issuance of such bonds. When such a proposition is submitted to the electorate, no
bonds or other term obligations of the City may be issued except pursuant to a favorable
vote of a majority of those voting on the proposition of their issuance. By the proceedings
for the issuance of any bonds, by the terms of the bonds and by agreements with the
purchasers of bonds, they may be made special in character and limited in their payment to
earnings or to part earnings and part tax funds. To the extent that they are thus payable out
of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total
bonded debt of the City at the time of the issuance of any bonds shall not exceed ten percent
(10%) of the last assessed valuation of the taxable property therein, or the limit authorized
by State law for cities of the same class,whichever is the greater,but in computing the total
bonded debt, certificates of indebtedness,bonds,warrants or other obligations issued before
or after adoption of this Charter shall not be included or counted if(1)held in a sinking fund
maintained by the City; or(2) issued for the acquisition, equipment,purchase, construction,
maintenance, extension, enlargement or improvement of street railways, telegraph or
telephone lines, water, lighting, heat and power plants, or either, or any other public
convenience from which a revenue is or may be derived,owned and operated by the City,or
the acquisition of property needed in connection therewith, or for the construction of public
drainage ditches, storm and sanitary sewers, or for the acquisition of lands for streets,parks,
or other public improvements or for the improvement thereof, to the extent that they are
payable from the proceeds of assessments levied upon property especially benefited by such
improvements; or (3) issued for the creation of maintenance of a permanent improvement
revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the
year in which issued. (Ref. Ord. 857)
n
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Fridley City Charter Chapter 7 Section 7.18
■• ■ Section 7.16. FORM AND REPAYMENT OF BONDS.
No bonds shall be issued to run for longer than the reasonable life expectancy of the property or
improvement for which the bonds are authorized, as ascertained and set forth in the resolution
authorizing such bonds, and in no case shall bonds be issued to run for more than thirty(30) years.
The purposes for which bonds are authorized shall be set forth in the resolution authorizing them
and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of
the City Manager to include in the budget estimates each year a sum or sums amply sufficient to
pay the principal of, and the interest on, any bonds which are to fall due in the coming fiscal year,
and another sum sufficient to pay the interest for the same year on the Bonds which will be still
outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any
bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the
annual budget which it passes. (Ref. Ord. 857)
Section 7.17. DEBT AND TAX ANTICIPATION CERTIFICATES.
1. If in any year, the receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the City, as provided for in the budget, or if
any calamity or other public emergency should subject the City to the necessity of making
extraordinary expenditures,then the Council may authorize the sale by the City Treasurer of
emergency debt certificates to run not to exceed eighteen(18)months and to bear interest at
not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at
n maturity shall be levied as part of the budget of the following year. The authorization of an
issue of such emergency debt certificates shall take the form of an ordinance approved by at
least four (4) of the members of the Council; the ordinance may, if deemed necessary, be
passed as an emergency ordinance. (Ref. Ord. 592)
2. For the purpose of providing necessary moneys to meet authorized expenditures, the
Council may issue certificates of indebtedness in any year prior to the receipt of taxes
payable in such year, on such terms and conditions as it may determine,bearing interest at a
rate not more than allowable by State Statutes;provided that such certificates outstanding at
any one time shall not exceed forty percent(40%)of the tax levy payable in the current year
belonging to the fund for the benefit of which the borrowing is authorized. (Ref. Ord. 592)
Section 7.18. BONDS OUTSIDE THE DEBT LIMIT.
Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt
limit: (a) for the creation and maintenance of a permanent improvement revolving fund, (b) for
extending, enlarging, or improving water supply system, lighting and heat and power plants, or
either, or other revenue-producing public utilities of whatever nature, owned and operated by the
City, or of acquiring property needed in connection therewith, (c) for public improvements payable
from special assessments. The Council may also purchase equipment for street department, water
or sewer utility, or fire department use on conditional sale contracts, provided that the installment
payments do not extend beyond the estimated useful life of the equipment so purchased.
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,.y Working Glossary
Charter An instrument in writing creating and defining the franchises of a city,
education institution or corporation.
Or
A document defining, describing the powers the freeholders grant their
government. Defining and regulating relations between government and
the governed,the rights and powers of the principles.
Charter Commission
Discretionary Funds
Eminent Domain The power to take private property for public use by a state,
municipality, or private person or corporation authorized to exercise
functions of public character, following just compensation to the owner
of that property
Or
The power to take private property for public use by a state,
municipality, or private person or corporation authorized to exercise
functions of public character, following the payment of compensation to
the owner of that property
Informality
Initiative An action by the voters to petition the city council to enact a new
ordinance or to repeal an existing ordinance.
Non-discretionary
Funds
Recall An action by the voters to remove an elected municipal official from
office. Such action begins by petitioning the City Council alleging
malfeasance or nonfeasance in office.
Referendum An action by the voters to petition the city council to stop an ordinance
from becoming effective, thereby allowing the city council to reconsider
and repeal the ordinance or submit it to the voters at the next regular
election.
n
Sinking Fund or Money set aside in a special account for the purpose of redeeming or
"debt reserve fund" retiring bonds.
Suspense Fund