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CHA 05/19/2008 TO: Charter Commission 1111 FROM: Debra A. Skogen, City Clerk Date: May 14, 2008 CITY OF Re: Charter Commission Meeting of May 19, 2008 FRIDLEY The next Charter Commission meeting is Monday May 19th at 7:00 p.m. in Meeting Room 2 of the lower level. Remember,the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, May 19th, as to whether or not they plan on attending the meeting. I will be out of town from Saturday May 17th through May 23rd, so please contact Marcy Everette by phone at 763-572-3533 or e-mail at everettem @ci.fridley.mn.us in my absence. If there will not be a quorum,those Commissioners who called will receive a phone call notifying them there will not a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. r-1 In my absence at the meeting, Rick Pribyl, Finance Director, will serve as your staff liaison. It is a great time to ask him questions about Chapter 7 if you have any. For your discussion on government structure, Pete Borman has included information from another council-manager organization with additional information. Pam Reynolds was unable to provide her information, but it will be provided on Monday evenings meeting. In addition, State Law did change on the contract threshold and that is included in your information with Chapter 8. Rick Pribyl did bring the information to the Department Head Meeting and all Department Heads and City Manager agreed the Commission may want to consider making changes to Chapter 8 by changing the specific amount to as allowed by state statute. The public hearing for the proposed amendments to Chapters 2-6 is scheduled for a public hearing for June 9, 2008. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, May 19, 2008 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 2, Lower Level 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES April 28,2008 5. Administrative Matters A. Vacancy 6. Discussion of Chapter 7 7. Discussion of Chapter 8 8. Discussion of City Government Structure 9. Discussion of Future Items 10. ADJOURNMENT Next Special Conference Meeting: Monday, September 22, 2008, at 6:00 p.m. in Meeting Room 1 in the Lower Level Next Regular Meeting: Monday, May 19, 2008 at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING April 28,2008 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam, Don Findell,Carol Hoiby,Bill Holm, Mary Kirkwood,Ted Kranz,Leslie Plummer,Pam Reynolds,Noel Ryan, Lois Scholzen and Cindy Soule Members Absent: Nancy Jorgenson Others Present: Deb Skogen, City Clerk/Staff Liaison Richard Larson,Prospective Charter Commission Member APPROVAL OF AGENDA: Commissioner Braam MOVED and Commissioner Kranz seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MARCH 24,2008,CHARTER COMMISSION MINUTES: Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the March 24, 2008,Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADMINISTRATIVE MATTERS A. Nominations Committee Report and election—completed at the March meeting. B. Resignation of Craig Gordon Craig Gordon resigned in a letter to the Commission on April 2,2008. This provides for an additional vacancy on the Charter Commission. C. Recommendation of Appointment to Charter Commission Richard Larson was present to answer any questions the Charter Commission had. He is a Business Agent for MN Association of Professional Employees(MAPE)for the State of Minnesota and some municipalities within the State. There was further discussion and introductions were made. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 2 Commissioner Kranz MOVED and Commissioner Braam seconded a motion recommending Richard Larson to the Chief Judge of the 10th Judicial District for appointment to the Fridley Charter Commission to fill the term vacated by Kathleen Linder at the end of her term. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Discussion of Chapter 7 Commissioner Holm said it would be very contentious to changed Section 7.02,but felt the word least should be changed to less in Section 7.02.1. After some discussion, it was agreed it should be changed. There were various questions about different sections of Chapter 7 and about what they meant, for instance, Sections 7.02.2.D and 7.02.3.D. which both came about as a result of the Charter Amendment petition and the work group that addressed the problems. Commissioner Ryan was interested in Section 7.12.B. debt service and the ability to liquidate investments. Commissioner Soule explained the language allowed the city to liquidate investments at appropriate times for debt payments. There were other questions about other sections. Deb Skogen reviewed the budget process according to the Charter and said it was the current process used by the City to prepare the budget. The Commissioners asked staff to check with the Finance Director or City Manager to see if they had any suggested changes. Discussion of Chapter 8 Deb Skogen told the Charter Commission the State Legislature was either in the process or had increased the contract amount from $50,000 to about$100,000 which had been changed in 2001 when our Charter was at 10,000 and the state increased the amount to $50,000. The Commission discussed whether or not to increase the fee or amend the code from having a dollar amount to as allowable by state law. They recommended getting feedback from the Finance Director and City Council. Commissioner Holm wondered about Section 8.01. He wondered about adding the word individual before notices after the notice is published. After further discussion it was agreed the sentence did not make sense. Commissioner Findell offered the following change: "To alter a zoning plan,the City Council shall hold a public hearing:And nNotice shall be published fourteen(14)days prior to said hearing with notices sent to affected property owners." The Commissioners it was a good change. Discussion of City Government Structure Commissioner Reynolds asked if the Commissioners had been provided with the information she provided to Chairperson Borman. Chairperson Borman said he summarized her statements but had not provided a copy of the e-mail she had sent to him. Commissioner Reynolds said the minutes only reflect part of why she wanted a change. She felt the mayor should be more accountable because you elect that person to do your bidding and a strong mayor does that. You are electing a mayor and city council members. The current charter says the mayor is only there for ceremonial purposes, so he's like the Burger King guy of Fridley. There are state statutes that prohibit the mayor from interfering with what the city manager does. She said in the minutes of the last meeting Nancy Jorgenson indicated because I was a member of the Citizens Concerned for Fridley that we wanted to go back to the status quo of 50 to 60 years ago. That I don't believe in moving forward DRAFT • CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 3 and looking at a different form of government is asking to go back 50 or 60 years ago. Commissioner /■. Reynolds said Commissioner Jorgenson was wrong. It had nothing with being a concerned citizen of Fridley but with comments made by the current mayor during a 2004 League of Women Voters Candidate Forum. Commissioner Reynolds said several questions were asked to Scott Lund and his response was that there was not much he could do with a weak mayor system. She said the questions had to do with administrative issues in the city but she would have to review the video again to provide what the questions were. Commissioner Reynolds said the information handed out in the packet all appeared to be against a strong mayor form of governance. Commission Reynolds noticed some of the documents in the materials provided to the Commission were from the LMC,NLC and IMCA, all three groups list themselves as being a 501.3(C),whose sole function is to maintain city manager forms of government. Deb Skogen said the LMC and the NLC provided information;they did not try to maintain city manager forms of governance. Commissioner Reynolds said there were other groups who would provide pros for having a strong mayor. Commissioner Borman asked what some of the pros were. Commissioner Reynolds said there was an accountability factor,the citizens elect the mayor,the mayor takes the active role in running the city and it was not unusual to have a strong mayor form of governance for a city the size of Fridley. She said typically you see it in huge cities like San Diego. Commissioner Braam asked if Commissioner Reynolds was comparing San Diego to Fridley. Commissioner Borman said San Diego had just changed their governance structure with a 5 year sunset to keep it or change it back. Commissioner Borman said you could find pros and cons and experts for either side. He highlighted what he felt was important and that was what he presented,not because it as right or wrong. He said when he read the LMC or the NLC or the IMCA,there was a lot of compelling information about the population of cities and their form of government and felt it was good information. Commissioner Reynolds said in last months minutes Commissioner Holm said a strong mayor would mean the mayor would be the city administrator requiring a full time position and benefits. She said typically what happens in a strong mayor is you still have the same set up,but would not have the manager, but rather a city administrator or city clerk. It does not require the city council become full- time, other than the mayor who takes on the role of the city manager so your elected official takes on the role of running the city. Commissioner Soule felt, for a city the size of Fridley,to have an elected official take on the role of an executive level administrator would require a certain set of skills and education. She said in the cities where it was successful(like San Diego or Minneapolis),the cities were larger allowing the Mayor to have their own staff to assist with the administration who were trained,professional administrators, like any other chief executive officer in any business. She felt it would be more cost effective for the city and better to have a trained,professional administrator. Commissioner Reynolds said Fridley already had staff in place. All of the same people the mayor would need are already here. The difference is that instead of an unelected official,you would have an elected official. Commissioner Soule said the city manager serves at the pleasure of the city council. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 4 Rick Larson said the city manager could be fired at anytime by a vote of 3 of the councilmembers. n Commissioner Reynolds said there was a Minnesota Statute that does not allow interference with the administration of the city. Deb Skogen asked if she had a statute number,but Commissioner Reynolds did not. Commissioner Reynolds said state law defined what the city council did and what the city manager did. Commissioner Braam said there has to be checks and balances in the system. Commissioner Reynolds said when certain things happen in the city that are motivated by staff and brought forward to the city council,the only option the city council has is to say no to it and then turn around and continue to vote no each time it keeps coming back. She thought the whole mess with the utilities could have been avoided if there had been a strong mayor. There would not have been the mistrust. Commissioner Reynolds said nobody knows;the average Joe on the street has no idea as to what goes on. Commissioner Braam asked if she thought they cared. Commissioner Reynolds thought they did care. Commissioner Braam said the voters did not vote on the question in several elections and that was why it failed,the language was hard to understand or voters didn't take the time to understand the question. Commissioner Reynolds said the first two votes had a fairly high vote count,but it wasn't until this last n vote that it was extremely low. Deb Skogen said the votes were higher during the regular election in 2004 and 2006; however in 2005 and 2007,the votes cast were much lower as the turnout was lower at a special election. Commissioner Reynolds felt a decision would have to be made,as Bill Burns would retire at some point. She said the City has a decision to make of finding a new city manager who fits in or,perhaps, look at a different form of government. She said she was not the only person in Fridley who's been talking about a strong mayor and did not think she would have any difficulty in getting 534 signatures, if not double that amount. She felt people were tired of unelected,quasi officials. City staff,city managers, and the Met Council, all of these were people who made decisions on behalf of the voters who were not elected. Commissioner Soule said the City was different than the Met Council. She said the Met Council was a taxing district setting the fees for the water and sewer and public transportation. Commissioner Reynolds said state statutes had to be altered and rights had to be given up to an unelected group of people. Commissioner Soule said it was different in Fridley because the taxes and fees were set through the budgeting process by the city council who are elected officials. She said that was part of the democratic form of government. Pam Reynolds asked if Commissioner Soule was telling her that the city council figured out all of the financial stuff and that it didn't go through the Rick Pribyl and his staff or the city manager. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 5 Commissioner Soule said it went through both. Deb Skogen outlined the current budget process starting with the commissioner survey asking what citizens want. From that,department heads or supervisors know what is needed and prepare their budgets within a certain percentage(usually 3% or lower)which is then presented to the city manager who makes decisions and presents the budget to the city council. It is still ultimately up to the city council to make those decisions. Commissioner Reynolds asked if the city council saw each budget item. Deb Skogen said yes,they get a draft budget of all departments and could ask questions or clarifications from staff if they needed to. Commissioner Reynolds felt if they had a question they could not ask the department head but had to go through the city manager. Deb Skogen said the budget was provided to the city council during a conference meeting held in June with all of the department heads in attendance to answer questions or supply information. The Council meets one more time before August to more formalize the budget and in August they adopt the preliminary budget and preliminary tax levy which has to be sent to Anoka County by September 15th. Commissioner Reynolds said in Chapter 2, "except for purpose of inquiry,the council and its members shall deal with and control the administrative services solely through the city manager." She said that language was what led her to look farther into the state statute which had an interference clause. Commissioner Holm wondered if the interference clause bothered Commissioner Reynolds. Commissioner Reynolds said if the mayor wanted to go and talk or give some work direction to the police department,or fire department, or other staff,the mayor ought to be able without having to go through the city manager. Deb Skogen said the process was the same in most cities,because the administrator or manager is responsible and needs to know what is going on. She said if a city council member contacted her, she provides what they need and also provides it to the city manager and her department head so they were aware of the request. She said the city manager has asked the council go through him so he is aware of what is going on. When the council does ask for information or to have things done, staff gets the direction from the city manager. Commissioner Reynolds said in a strong mayor form that request would come from the mayor. Commissioner Borman said the city administrator would still be copied on it. Commissioner Reynolds said not necessarily. Commissioner Borman asked why not. He said if he was working for a mayor and still had day-to-day control, if someone in his chain of command didn't notify him of something the mayor asked him to do, how could he provide information or have control. He used his current experience at his place of employment as an example. Commissioner Reynolds said that would be micro-managing. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 6 Rick Larson said that was what she was asking the city council to do. Commissioner Reynolds said what she was asking was to go back to a government that is a democracy instead of bureaucracy. Commissioner Borman said if the mayor came to him and had hired a city administrator to take care of the day-to-day administration and did not tell that administrator that he wanted someone to do this and that person went to the administrator and said well the mayor told me to do this and provided it to the administrator,the administrator would wonder why he did not know or wasn't told about it if it is his responsibility as administrator. Commissioner Holm said the current form of government doesn't allow the mayor to go to staff as the mayor is one of five city council members. The mayor doesn't have the authority to direct employees. Commissioner Borman asked Commissioner Reynolds about Nancy Jorgenson's comment stating citizens are represented by three people currently,the mayor, councilmember at large and ward councilmember,and whether or not that wasn't enough representation. Commissioner Reynolds said there was a big difference between representative government,or the Burger King form of government,and having someone that directly answers to you because you voted for them. She said what we do here is vote for people who sit in chairs while someone behind the scenes is running the whole show. Rick Larson said you hold the council accountable but don't change the form of government,you hold the people who were elected accountable to do what we ask them to do. If they are not doing what you elected them to do,you should replace them on the ballot. Commissioner Reynolds said you would still have the same city manager. Rick Larson said the city council still had the authority or power to deal with the city manager, plus beyond this, as he negotiates many of these types of contracts, if the city manager is not doing their job, the council has the power to fire them. Commissioner Reynolds said she understood she was not going to get anywhere with the Commission. She said it was simple, she cast a ballot and the person she cast the ballot for she wants them running the show, not someone else. What was the sense of voting? Why not have a town Board. Commissioner Findell wondered what Commissioner Reynolds thought was so unclear about Chapter 2 of the Charter. He said Chapter 2 states the city council shall have complete control over the city administration but shall exercise this through a manager. He said if you are going to bring a paid mayor into the picture,you would then be paying two city managers and did not think citizens would want to pay for this. Commissioner Reynolds felt you would not be paying for two city managers. Commissioner Findell said you would have the mayor and city administrator. He said no one would know going into the election which candidate had the best management skills needed to do the job, so they would have to hire someone else to take over their management responsibility as no one could do it without experience or education. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 7 Commissioner Holm said it may require a different skill set running for mayor in that you want a person who is an administrator as well as a policy maker. Commissioner Braam asked how many people of the 30,000 people in the city were qualified. Commissioner Reynolds said the strong mayor and the city administrator in many cases come from the rank of city clerk. Commissioner Holm asked if Commissioner Reynolds knew which sections of the charter would need to be changed. Commissioner Reynolds said she wasn't sure of all of the section,but Chapter 6 deals with the power of the city manger, Chapter 2 would have to be changed. Commissioner Holm said we currently have a city council who directs the city manager to do things. If we changed to a strong mayor,the mayor still has to answer to the council in terms of budgets,the question is how much do you gain or how much additional accountability is gained by having the mayor serve as essentially as the city manager. Commissioner Reynolds felt there was a lot of accountability on the part of the citizens who do the electing. Commissioner Findell wondered if another council person would be needed to off-set the four votes of the remaining councilmembers. Commissioner Braam said besides losing an administrative position,you've lost a councilmember,which is a vote. He said it was a big thing on a$15 million budget. Commissioner Holm asked if Commissioner Reynolds expected the strong mayor to be an effective administrator person as well as a Burger King guy. Commissioner Reynolds said right now we have a ceremonial mayor. Commissioner Holm said we also have a mayor who sets policy along with four other councilmembers. Commissioner Reynolds felt policy all comes from staff. Commissioner Findell said it came from the city ordinances. Commissioner Reynolds asked who they were drafted by. Deb Skogen said ordinances were drafted or prepared at the request of the city council and approved by city council. Commissioner Reynolds said staff comes to the city council and recommends approval. She wasn't sure the city council asked staff to prepare it. Deb Skogen said yes. Staff does the research and provides a recommendation. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 8 Commissioner Holm said there might be a police matter and the police might suggest a way solve the problem. Deb Skogen said when preparing memos to the City Manager and Council,you provide the background information and usually a recommendation,but not always to approve; but staff works within the parameters given to them. Commissioner Reynolds said the only thing she had ever seen was from the staff Commissioner Borman asked if there was something recent about changing the maintenance code. Commissioner Reynolds said it came from the housing forums at the request of citizens. It went then to the planning and development. She did not remember hearing the mayor or city council directing staff to put it together. Commissioner Borman wondered,with Bill Burns retiring,the city could do a national search with a huge pool of individuals who would be qualified to be a city manager. But if you change the structure, the mayor would have to be elected from a very small pool of individuals qualified from within the City. Commissioner Reynolds said they would then have a vested interested in the city. Commissioner Borman wondered how you would justify that person's qualifications to do the job. Because that person had a lot of backing and could get the name out better, or had a lot of friends in Fridley? How are you going to base the salary of that new mayor? n Commissioner Reynolds said there would have to be some checks and balances so the mayor would not just get his hands on the checkbook. Commissioner Borman asked how you based the salary Commissioner Reynolds said those were issues that would have to be worked out as you look at the system. She said Little Rock,Arkansas,had a group who sat down and figured out what the qualifications were. Commissioner Borman asked if they were then going to require these skills of anyone who ran for mayor. Commissioner Reynolds said that was why cities with a strong mayor have an administrator as well, someone who has the schooling, and someone you can hire with the appropriate qualifications. None the less,the mayor answers to the citizens. Commissioner Borman asked if a person was going to run for mayor,what was going to be that persons qualifications to be an administrator of a$15 million budget? He asked who was to say that he was a better person than a Gary Braam or Pam Reynolds to be the sole administrator and head of a$15 million budget. What are his qualifications,how is he going to prove it? Commissioner Reynolds said he would not have to meet any other qualifications than are currently required to be the mayor. Commissioner Borman said you are electing that person to be in charge of the budget. DRAFT CHARTER COMMISSION MEETING OF APRIL 28;2008 PAGE 9 Commissioner Reynolds asked if he was then saying Scott Lund couldn't run the city;hasn't he run businesses before? Commissioner Borman said he knew Scott Lund very well,has known him for a long time and considers him a friend,but did not want him to be in charge of everything. He said there are checks and balances in the system now. Commissioner Reynolds said there are checks and balances as well with a strong mayor by having the mayor be the administrator. But you still have the entire staff available to help when the mayor takes over. Commissioner Soule wondered if this was an issue the Charter Commission as a whole wanted to take on to consider and discuss. She said it appeared there were people in agreement and disagreement and wondered if the Committee as a whole wanted to discuss it. Commissioner Ryan was confused and did not want to do anything that would cost the city more money. Commissioner Hoiby said she understood there was a very small percentage of cities that had a strong mayor. Deb Skogen said in Minnesota the only cities with a strong mayor council are Minneapolis, St. Paul and Duluth. She said there were not very many to debate and discuss. Commissioner Ryan said they elect a new mayor every two years in Duluth. Deb Skogen said the original charter had the council city manager structure. P—N Commissioner Holm said he would like to have more information about the pros and cons as the initial reaction of most members is no. He said it deserved a fair hearing to look at both sides. Commissioner Reynolds said she would look at her documentation to provide to the Commission for review before the next meeting. Commissioner Braam asked Commissioner Reynolds if the change was made to strong mayor council, if she felt qualified enough to run for that job. Commissioner Reynolds said she is going to run again and felt qualified to be in the position as she could read numbers as well as the next guy. Commissioner Braam asked if she knew how to apply for federal grants and understood where money came from, as Mr.Burns Doctorate qualified him for that. Commissioner Reynolds felt Mr. Burns had someone helping with that. Commissioner Braam asked Commissioner Reynolds if Mr.Burns returned her calls and she said yes. Commissioner Braam said he did not have to as he worked for the council, so what was it she found so offense? Commissioner Reynolds said there was nothing offensive about Mr. Burns,but the City was coming to a fork in the road where there will be an opportunity to look at another form before he retires. She said Nancy Jorgenson's statement was wrong,that she belongs to a group that wants to keep it like it was 50 to 60 years ago. She said it sounded to her like it was the Charter Commission who wanted to stay in the past. DRAFT CHARTER COMMISSION MEETING OF APRIL 28,2008 PAGE 10 Commissioner Braam felt with a population of 30,000 there were not a lot of people who would be qualified to be a strong mayor able to prepare a$15 million dollar budget. Rick Larson said by changing the structure the city would be adding another person at the top. Commissioner Reynolds disagreed and felt they would not be adding another position. Rick Larson said if city manager was not doing their job, it took three city councilmembers to decide and agree to replace the city manager. You would be adding another level when you change to strong mayor. He said there was nothing more desirable than having staff and people who work at the city want to work here. The city staff is accountable to the taxpayers,as the taxpayers pay their salaries,they are the unsung heroes. He said,yes, some of them may be arrogant,but they are still good people. The charter provides the current structure and, if it's not broke, it doesn't need to be fixed. He said there were many other larger cities(Coon Rapids, Bloomington, St. Cloud,etc)that were not changing their form of governance structure so why should the City of Fridley need to change. Commissioner Holm asked what changed with a strong mayor and did not know enough. Commissioner Ryan wondered why we needed to change. She was concerned that it might cost too much. Commissioner Holm MOVED and Commissioner Reynolds seconded a motion to discuss the governance structure at its next meeting. Commissioners Holm, Reynolds,Braam, Scholzen,Findell, Soule and Borman voted aye. Commissioners Hoiby, Ryan,Kirkwood and Plummer voted nay. , CHAIRPERSON BORMAN DECLARED THE MOTION APPROVED BY A VOTE OF 7 TO 4. ADJOURNMENT: Commissioner Findell MOVED and Commissioner Kirkwood seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:45 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder, Secretary City Clerk/Staff Liaison DRAFT 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 less 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 1 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. • Fridley City Charter Chapter 7 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. 3. Any other fees created,or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes,recycling fees,gas and electric franchise fees and any other fee that produces a tax burden or 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: Utility charges,Parks and Recreation Department participation fees, charges for photo- copying, sales of municipal liquor store products,or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term"fees" also does not include rental housing fees,building permit fees, liquor license fees,the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards,annual license fees for the operation of pawn shops and other regulated business,and any other charge for services, including health and n safety related Code enforcement,and other goods, services or materials routinely 2 Fridley City Charter Chapter 7 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) 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 3 Fridley City Charter Chapter 7 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 Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in 4 Fridley City Charter Chapter 7 Section 7.04. The budget resolution as adopted shall be published in the official publication. Section 7.06. ENFORCEMENT OF THE BUDGET. 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. 5 Fridley City Charter Chapter 7 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) 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. n 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. 6 Fridley City Charter Chapter 7 r-� 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. 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 r-� City property, or(c) appropriations to maintain the integrity of the fund. There shall 7 Fridley City Charter Chapter 7 be paid out of this fund: (1) all expenses and costs of the improvement projects that r-� 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; re. (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, 8 Fridley City Charter Chapter 7 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: (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. 9 Fridley City Charter Chapter 7 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) 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 10 Fridley City Charter Chapter 7 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 n 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) 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, 11 Fridley City Charter Chapter 7 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 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 12 Fridley City Charter Chapter 7 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. 13 FRIDLEY CITY CHARTER r1 CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present zoning and comprehensive plans shall be the plans for future physical development of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall hold a public hearing, allotice shall be published fourteen (14) days prior to said 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, improving streets and public places as well as 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 429, 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 Fridley City Charter Section 8. 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 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 or 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 fifty thousand dollars ($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 public works 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 public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes. 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. The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref Ord. 776) SF3622 Status in Senate for Legislative Session 85 Page 1 of 2 Legislature Home I Links to the World I Help I Advanced Search Minnesota State Legislature House 1 Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws,and Rules ^ SF3622(Senate) SF3622 Status in Senate for Legislative Session 85 Bill Name: SF3622 Companion: HF3646 Revisor Number: 08-6062 Bill Text Bill Text Session Law Chapter: 207 Bill Status House Search Senate Olseen; Lourey; Gimse; Day; Vickerman Authors Short Uniform municipal contracting law contract threshold amounts modification Description Long Committee Hear ings and Actions Se.nate Counsel Research Description Summary Body Date Action Description / Committee Page Roll Call Senate 03/10/2008 Introduction and first reading 7101 Senate 03/10/2008 Referred to State and Local Government Operations and Oversight l _nate 03/18/2008 Committee report: To pass 7829 Senate 03/18/2008 Second reading 7850 Senate 04/01/2008 General Orders: To pass 8235 Senate 04/03/2008 Calendar: Third reading 8452 64-3 Passed Senate 04/16/2008 Returned from House 8655 Senate Presentment date 04/16/08 Senate 04/21/2008 Governor's action Approval 04/17/08 8720 Senate 04/21/2008 Secretary of State Ch. 207 04/17/08 8720 Senate Effective date 08/01/08 House 04/07/2008 Received from Senate 9782 House 04/07/2008 Senate file first reading, HF3646 9787 referred for comparison House 04/10/2008 Bills identical, SF substituted 9871 on Calendar for the Day House 04/10/2008 Second reading 10019 ,use 04/14/2008 Amendments offered 10128 use 04/14/2008 Third reading 10132 House 04/14/2008 Bill was passed 10133 115-17 1-71 II II II----fir— I hops://www.revisor.leg.state.mn.us/revisor/pages/search status/status_detail.php?b=Senate&f=SF3622&... 5/13/2008 SF3622 Status in Senate for Legislative Session 85 Page 2 of 2 'House II IIPresented to Governor IlApril 16, 2008 II II House Governor approval April 17, 2008 House Secretary of State, Filed April 17, 2008 10529 4 ,se Chapter number 207 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. last updated:05/07/2008 /'"'■ ""\ https://www.revisor.leg.state.mn.us/revisor/pages/search status/status_detail.php?b=Senate&f=SF3622&... 5/13/2008 Senate Counsel Bill Summary S.F. 3622 (Regular) Page 1 of 1 Bill Summary Senate Senate Counsel& Research State of Minnesota S.A.'. No. 3622 - Uniform Municipal Contracting Law Author: Senator Rick Olseen Prepared by: Daniel P. McGowan, Senate Counsel (651/296-4397) Date: March 17, 2008 Section 1 strikes the specific dollar amount under which advertising for bids would not be required for drainage authorities and ties the threshold to that for sealed bids under the Uniform Municipal Contracting law. Section 2 strikes the dollar amount over which the drainage authority may not levy an assessment for repairs or maintenance and inserts reference to the Uniform Municipal Contracting law. Section 3 strikes the specific dollar amount threshold for bids for repair and reconstruction of drainage systems after a disaster and cross-references the Uniform Municipal Contracting law. Section 4 increases the threshold amount for>sealed bids in the UMCL from$50,000 to$100,000. 9� Section 5, head note change to reflect the change of section 4. Son 6 increases the contract amounts for direct negotiation from $10,000 to $50,000 to $25,000 to $100,000. Section 7, head note change to reflect the change of section 6. Section 8 raises the maximum amount for using quotations or open market solicitations from $10,000 to $25,000 under the UMCL. DPM/syl Check on the status of this bill Back to Senate Counsel and Research Bill Summaries page This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate. Last review or update: 03/17/2008 If you see any errors on this page,please e-mail us at webmasternasenate.mn. http://www.senate.leg.state.mn.us/departments/scr/billsumm/summary_display.php?1s=8 5&session=regul... 5/13/2008 FRIDLEY CITY CHARTER CHAPTER 9. EMINENT DOMAIN Section 9.01. SET FORTH BY STATUTES OF THE STATE OF MINNESOTA. The City of Fridley shall have the power of Eminent Domain as set forth by the Statutes of the State of Minnesota. 10/05/89 FRIDLEY CITY CHARTER �-. CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Section 10.01. DEFINITION OF FRANCHISES. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 10.02. FRANCHISE ORDINANCES. The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty(20)days after a public hearing thereon as provided for in Section 10.09, or later than sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co-partnerships,persons or other entity desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities,water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance,properly executed by the grantee,has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Fridley Charter Chapter 10 Page 2 Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) Section 10.05. RATES AND CHARGES. Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five(5)years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things,provisions,relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five(25)years. Fridley Charter Chapter 10 Page 3 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 7. The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise or the value thereof,if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything Fridley Charter Chapter 10 Page 4 contained in this Charter limit any right or power possessed by the City over existing franchises. Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty(20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625) Council-Manager Page 1 of 2 HOME THE FORM WHERE IT WORKS THE MAYOR THE COUNCIL THE MANAGER ADOPT AND RETAIN HISTORY CONTACT US COUNCIL- MANAGER FORM OF LOCAL GOVERNMENT The Council-Manager form of government is used by more cities, villages, townships, and counties than any other form. It is a system of local government that combines the strong political leadership of elected officials in the form of a governing body, with the strong managerial experience of an appointed local government manager. The governing body, commonly known as the council, as a whole may also be referred to as the commission or the board. The Council-Manager form establishes a representative system where all power is concentrated in the elected council and where the council hires a professionally trained manager to oversee the delivery of public services. It's Responsive In council-management government, the mayor or chairperson of the governing body and council members are the leaders and policy makers elected to represent the community. They focus on policy issues that are responsive to citizen's needs and wishes. The manager is appointed by the governing body to carry out policy and ensure that the entire community is being served. If the manager is not responsive to the governing body's wishes, the governing body has the authority to terminate the manager at any time. In that sense, a manager's responsiveness is tested daily. It's Adaptable Not all Council-Manager governments are structured the same way. One of the most attractive features is that the Council-Manager form is adaptable to local conditions and preferences. For example, some communities have councils that are elected at large while other councils are elected by district or by a combination of an at-large and by district structure. In some local governments, the mayor or chairperson is elected at large by the voters; others are elected by their colleagues on the governing body. It's less expensive Local governments have found that overall costs actually have been reduced with competent management. Savings come in the form of reduced operating costs, increased efficiency and productivity, improved revenue collection, or effective use of technology. Council-Manager vs.the Strong Mayor Nearly 90% of all communities use either the Council-Manager or the Strong Mayor form of government. When viewed together, the overwhelming advantages of the Council-Manager form become apparent. It encourages neighborhood input into the political process, diffuses the power of special interests, and eliminates partisan politics from municipal hiring, firing, and contracting decisions. Neighborhoods Strengthen Their Voice The Council-Manager form encourages open communication between citizens and their government. Under this form, each member of the governing body has an equal voice in policy development and administrative oversight. This gives neighborhoods and diverse groups a greater opportunity to influence policy. Under the "strong Mayor" form, political power is concentrated in the mayor, which means that other members of the elected body relinquish at least some of their policy-making power and influence. This loss of decision-making power among council members can have a chilling effect on the voices of neighborhoods and city residents. The Power of Special Interests is Diffused Under the Council-Manager form of government, involvement of the entire elected body ensures a more balanced approach to community decision making, so that all interests can be expressed and heard—not just those that are well funded. Under the "strong-mayor"form, however, it's easier for special interests to use money and political power to influence a single elected official, rather than having to secure a majority of the city council's http://council-manager.org/form.php 5/14/2008 Council-Manager Page 2 of 2 support for their agenda. Merit-Based Decision Making Vs. Partisan Politics Under Council-Manager government, qualifications and performance-and not skillful navigation of the political election process -are the criteria the elected body uses to select a professional manager. The professional manager, in turn, uses his or her education, experience, and training to select department heads and other key managers to oversee the efficient delivery of services. In this way, Council-Manager government maintains critical checks and balances to ensure accountability at city hall. Under the"strong mayor"form of government, the day-to-day management of community operations shifts to the mayor, who often lacks the appropriate training, education, and experience in municipal administration and finance to oversee the delivery of essential community services. Also, under the "strong-mayor" form, there is the temptation to make decisions regarding the hiring and firing of key department head positions—such as the police chief, public works director, and finance director— based on the applicant's political support rather than his or her professional qualifications. Return to Top Site Design by RJ Michaels Creative Group Site Content by Council-Manager.org Site Hosting by Blue Sea,_LLC • http://council-manager.org/form.php 5/14/2008 Council-Manager Page 1 of 1 HOME THE FORM WHERE IT WORKS THE MAYOR THE COUNCIL THE MANAGER ADOPT AND RETAIN HISTORY CONTACT US �. OUNCIL- ANAGE . FORM OF LOCAL GOVERNMENT Where it works Council-Manager Form Growing Today, the Council-Manager form of government is the most popular choice of structure among U.S. communities with populations of 2,500 or greater. During the past dozen years, an average of 44 U.S. cities annually have adopted the Council-Manager form, while an average of only two per E Candi Avow year have abandoned it. In total, more than 3,400 .t communities (cities, villages and townships) and more than �A10tl1ef 370 counties operate under this form. From large to small, they represent more than 89 million Americans. Larger communities Of the 237 cities with greater than 100,000 residents, nearly 60% use a Council- Manager form of government. A recent study by Syracuse University of the largest 35 cities in the United States revealed the two top rated cities use the Council-Manager form of government. Receiving the highest overall grades of an A and A-were Phoenix, Arizona, and Austin, Texas respectively. They were the only two cities to receive an A. The report stated that, "Both are committed to rigorous management and performance in all areas of government, leading to countless improvements in delivering services to residents. And both do a good job of involving their citizens in the effort to be effective."You can read more at http://www.governing.com/gpp/gpOintro.htm Large cities and counties using the council-Manager form of Council-Manager Form Growing government include: g 400 ig 3500 j• Austin, Texas• Broward County, Florida ism • Charlotte, North Carolina 1000 • Clark County, Nevada 500—, 199A ,966 19i7 1996 1 99i 2002 • Dallas, Texas •alp • Fairfax County, Virginia • Hamilton County, Ohio • Las Vegas, Nevada • Mecklenburg County, North Carolina • Oklahoma City. Oklahoma • Phoenix, Arizona • San Antonio, Texas • San Diego, California • San Jose, California • Santa Clara County, California • Virginia Beach, Virginia • Wichita, Kansas Source of data: Municipal Year Books 1984-2002 Return to Top Site Design by RJ Michaels Creative Group Site Content by Council-Manager.org Site Hosting by Blue Sea,LLC http://council-manager.org/works.php 5/14/2008 Council-Manager Page 1 of 2 HOME THE FORM WHERE IT WORKS THE MAYOR THE COUNCIL THE MANAGER ADOPT AND RETAIN HISTORY CONTACT US COUNCIL- MANAGER FORM OF LOCAL GOVERNMENT • The Manager The manager is hired to serve the council and the community and to bring to the local government the benefits of training and experience in administering local government projects and programs on behalf of the governing body. The manager prepares a budget for the council's consideration; recruits, hires, and supervises the government's staff; serves as the council's chief adviser; and carries out the council's policies. Council members and citizens count on the manager to provide complete and objective information, pros and cons of alternatives, and long term consequences. The manager makes policy recommendations to the council, but the council may or may not adopt them and may modify the recommendations. The manager is bound by whatever action the council makes. At Will Service Managers serve at the pleasure of the council or governing body. They are evaluated based on their responsiveness to the council and to the community and on their ability to provide efficient and effective services. If the administrator is not responsive to the elected officials, they can be fired by a majority vote of the council, consistent with local laws, ordinances, or employment agreements they may have with the council. Control is always in the hands of the elected representatives of the people. He or she may be terminated at any time. Job Skills Today's managers must posses the management"know-how"to build strong communities, if not from the ground up, then by ensuring the continuous improvement of community service. They must have a commitment to maintaining public trust and confidence in local government and improving the quality of life for all residents. Most managers will have a masters or a professional degree and years of experience in local government management. Typical duties of the manager: • Work with elected official as they develop polices. The manager may discuss problems and recommendations, propose new plans, or discuss issues that affect the community and its residents. • Ensure that laws and polices approved by elected officials are equitably enforced throughout the city. • Seek feed back from residents and members of the business community to address and solve problems. • Prepare the annual budget, submit it to elected officials for approval, and implement it once approved. • Supervise department heads, administrative personnel, other employees, and top appointees. • Recruit, hire and supervise the workforce of the governmental body. • Solicit bids from contractors and select or recommend the appropriate individual(s)or organization(s)to perform the work. • Investigate citizen complaints and problems within the administrative organization and recommend changes to elected officials. • Manage the day-to-day operations of the city, town, or county, which may include public works, public safety, planning and economic development, parks and recreation, libraries, youth services, recycling and utilities. • Apply for and administer federal, state, and private foundation grant funding. • Facilitate the flow and understanding of ideas and information between and among elected officials, employees and citizens. Ethical Conduct Managers who are members of the International City/County Management Association (ICMA)agree to abide by a strict Code of Ethics. The code specifies 12 ethical principles of personal and professional conduct, including dedication to the cause of good government. Members believe in the http://council-manager.org/manager.php 5/14/2008 Council-Manager Page 2 of 2 effectiveness of representative democracy and the value of government services provided equitably to residents within a community. They are also committed to standards of honesty and integrity more vigorous than those required by the law. Return to Top Site Design by RJ Michaels Creative Group Site Content by Council-Manager.org Site Hosting by Blue Sea,LLC http://council-manager.org/manager.php 5/14/2008 Council-Manager Page 1 of 1 HOME THE FORM WHERE IT WORKS THE MAYOR THE COUNCIL THE MANAGER ADOPT AND RETAIN HISTORY CONTACT US OUN IL- ANA . FORM OF LOCAL GOVERNMENT . History of the form The Council-Manager system of local government is one of the few original American contributions to political theory. Approximately 90 years old, the Council-Manager form of government has proven its adaptability. Today it is the most popular choice of structure among U.S. communities with populations of 2,500 or greater. During the past dozen years, an average of 44 U.S. cities annually have adopted the Council-Manager form, while an average of only two per year have abandoned it. It began in the early 20th century, when reformers were looking for ways to return control of municipal government to citizens. Those reformers advocated the Council-Manager structure of government to eliminate the corruption and diffuse the power entrenched in turn-of-the-century city political machines and special interests. With its emphasis on professional training and accountability, the Council- Manager form of government eventually was adopted by thousands of cities. In 1908, Staunton, Virginia, instituted the first position legally defining, by ordinance, the board authority and responsibility associated with today's professional local government manager. Sumter, South Carolina, was the first city to adopt a charter incorporating the basic principles of Council- Manager government in 1912. Westmont, Quebec, introduced the form to Canada in 1913. The first large city to adopt the plan was Dayton, Ohio, in 1914. The first counties to adopt it in the 1930s were Arlington County, Virginia, and Durham County and Robeson County, North Carolina. The form also is popular in Canada, Australia, the Netherlands, New Zealand, the United Kingdom, Honduras, Chile, and Brazil. Return to Top Site Design by RJ Michaels Creative Group Site Content by Council-Manager.org Site Hosting by Blue Sea,LLC http://council-manager.org/history.php 5/14/2008