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CHA 09/28/2009 TO: Charter Commission Members _ FROM: Cindy Soule, Charter Commission Chair Date: September 22, 2009 CITY OF Re: Charter Meeting September 28, 2009 FRIDLEY The next Charter Commission meeting is scheduled for Monday, September 28, 2009 at 7:00 p.m. in Meeting Room 1 in the lower level of City Hall. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, September 28th, as to whether or not they plan on attending the meeting. Please remember to call or e-mail me by Monday morning at (763) 572- 3523 or e-mail at skogend @ci.fridley.mn.us whether or not you will be attending the meeting. 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. CITY OF FRIDLEY .-. CHARTER COMMISSION AGENDA MONDAY SEPTEMBER 28, 2009 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES May 18,2009 June 10,2009 5. ADMINISTRATIVE MATTERS A. Commission Vacancy Marion D. Flickinger Nancy Jo Sauter B. Status of Ordinance No. 1260 (Charter Amendment to allow special elections and to remove 51% majority language) 6. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7 7. DISCUSSION OF FUTURE AGENDA ITEMS 8. ADJOURNMENT NEXT MEETING MONDAY, OCTOBER 26, 2009, IN MEETING ROOM 1 IN THE LOWER LEVEL CONFERENCE ROOM CITY OF FRIDLEY CHARTER COMMISSION MEETING May 18,2009 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: Members Present: Commissioners Pete Borman,Gary Braam, Don Findell,Nancy Jorgenson,Rick Nelson, Leslie Plummer, Pam Reynolds, Keith Shaw and Cindy Soule Members Absent: Carol Hoiby, Bill Holm,Ted Kranz,Noel Ryan,and Lois Scholzen Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Nelson seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Jorgenson MOVED and Commissioner Braam seconded a motion approving the Charter Commission meeting minutes of March 23,2009. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. The minutes to the April 27,2009 meeting were discussed and slight changes were made to pages 2,3,4 and 5. Commissioner Borman MOVED and Commissioner Nelson seconded a motion approving the Charter Commission meeting minutes of April 27,2009 as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Commissioner Braam recommended sending an application to Ted Flickinger to see what his interested in the Charter might be. DISCUSSION OF CHAPTER 7 Commissioner Jorgenson did not think the minutes reflected their decision not to use Amendment B. Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to remove Amendment B from the discussion for further consideration. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. rt Commissioner Borman wondered how the original petition committee came up with their language determining what was a fee and what wasn't a fee,for example discretionary vs nondiscretionary,how the Metropolitan Council DRAFT CHARTER COMMISSION MEETING OF MAY 18,2009 PAGE 2 determines the sewer bill. He understood a Task Force tried to fix the language due to some of the unintended consequences. Commissioner Jorgenson said the City Attorney wanted to keep certain aspects to ensure down the line a voter could not come back and sue the city because they removed something the voters voted for. Commissioner Reynolds believed they need to leave the language the way the voters changed it,but suggested using some of the Mounds View language by adding"plus 2%to the CPI. Commissioner Findell wondered if the Mounds View charter had the super majority and it appeared they did not. Commissioner Borman wondered about the inflationary index and what would happen if it reached double digits. He said if the Mounds View language was used and the CPI was 2.6%, if you added 2%you could raise it to 4.6%. Commissioner Reynolds said she was trying to adjust to what Mounds View had allowed but continue to keep the restriction in place. She said the property taxes would increase in 2010 and 2011 but as value doesn't go up it won't change much. She felt LGA would never go back to what it was. Commissioner Nelson said LGA was vetoed by the Governor and the levy limit was extended. Commissioner Jorgenson said after hearing the information from the survey,she was not sure the city should approve a grant allowing for canines,as it is money the city would have to include later,just as the"COPS"grants allowed the city to hire additional officers, it required the city pay for those officers after three years,which increased the City's budget. Commissioner Borman MOVED and Commissioner Jorgenson seconded a motion to use the Mounds View language,by striking out all of the language after general City purposes shall not exceed and replacing it with the Mounds View Language. Commissioner Nelson said if the CPI was 1.5%and you added 2%, it would increase the levy to 3.9%. He said that was allowable by the state and the difference wouldn't change anything. Commissioner Jorgenson wondered if there should be some type of provision or language put into the charter which might allow an LGA catch-up or special levy. Commissioner Nelson said once every 5 years there is a catch-up levy, if allowed by the state. Commissioner Jorgenson said if the City limits it,and the state allowed it for three years,the City would be more restrictive. She felt the City Council should have the ability to increase it if it was in the best interest of the City due to the LGA losses. Commissioner Soule wondered what happened if there was a higher inflation rate whether or not the state would allow cities to increase it to that percentage. She said the Council may decide to use the prior year levy plus inflation,or the CPI plus inflation, as allowed by state statute as deemed necessary by the City Council in order to maintain business. Commissioner Reynolds was okay eliminating the 51%majority,but did not think leaving it up to the City Council to decide would work. Commissioner Nelson said times have changed and we were no longer receiving LGA and were running out of money. Commissioner Reynolds felt the Council should go to the voters if they have to balance their budget. Commissioner Nelson said the City will soon be broke as the reserves are dwindling or almost gone. DRAFT CHARTER COMMISSION MEETING OF MAY 18,2009 PAGE 3 n Commissioner Jorgenson said positions are being eliminated and individuals will be retiring. If we have restrictions, it is up to our Legislators to help to ensure the levy can be increased without the approval of the voters. She felt the city would be looking at discretionary programs and services or spending. Commissioner Braam felt if the Legislature provided for an additional levy,the City needs their help during these tough times. He said 2000 showed a large surplus,but there is a different picture now and the City was almost in the red. He felt it was kind of like when child support was gone and you had to change how you spent. There should be something the City Council could do in an emergency situation to provide for additional money. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Commissioner Findell still wondered about the word"all" in Section 702.3.A. Commissioner Reynolds thought it had something to do with whether you can assess taxes—so it was a benefit al all. The Commissioners discussed whether or not to have additional summer meetings. After further discussion Commissioner Jorgenson MOVED and Commissioner Findell seconded a motion to meet July 27th and August 24th. It was suggested a letter be sent to the City Council asking for their input and letting them know the Commission understands the importance. ADJOURNMENT: Commissioner Reynolds MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:08 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby, Secretary City Clerk/Staff Liaison DRAFT CITY OF FRIDLEY SPECIAL CHARTER COMMISSION MEETING JUNE 10,2009 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: • Members Present: Commissioners Peter Borman,Gary Braam, Don Findell, Bill Holm,Nancy Jorgenson, Ted Kranz,Pam Reynolds,Noel Ryan, Lois Scholzen and Cindy Soule Members Absent: Commissioners Carol Hoiby, Rick Nelson,Leslie Plummer and Keith Shaw Others Present: Deb Skogen,City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison Rick Pribyl, Finance Director APPROVAL OF AGENDA Chairperson Soule added an oral report of her meeting with staff on March 5,2009 as 3.1 and a presentation by Finance Director Rick Pribyl as 3.2 on the agenda. Commissioner Ryan MOVED and Commissioner Reynolds seconded a motion approving the meeting agenda as amended by Chairperson Soule. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED REPORT OF COMMISSIONER SOULE MEETING WITH STAFF Chairperson Soule reported she had been called to attend a meeting with staff about the pending financial crisis in the City. She included Commissioner Holm in the meeting as he was her mentor and felt she needed some guidance. Based on the information,she and Bill agreed with staff and discussed an amendment to the Charter allowing for a special election. She said she did want it to appear things were done in secret and the Commissioners would be provided the same information she and Bill heard. As Chairperson,she called the special meeting because she felt it was important and urgent. REPORT BY FINANCE DIRECTOR RICK PRIBYL Rick Pribyl said the City Manager would provide his draft budget to the Council the following week. Due to the unallotment of local government aid and the market value homestead credit by the state,there appeared to be about a $1.2 million deficit for 2010. He said there had been a concern from the original petition committee and the Charter Commission that if the Council felt they need to increase taxes or fees they needed to ask the voters. Staff was reviewing the charter to see if they could have a special election for that purpose and found they could not. The City Attorney recommended an amendment to the Charter that would add the ability to have a special election and remove the 51%of those voting in the election to a majority of those voting on the question. Based on what had happened with the utility funds and the length of time it took to educate the public and actually change the charter,he felt it was important to begin those steps now before the city was out of its reserve funds or"rainy day"funds by 2012. He met with Cindy and Bill the previous week to discuss the feasibility. They agreed it was important as the city was coming upon a financial crisis. Rick reviewed the information provided in Attachment 1 with the Commissioners. This included part of the executive summary of the City's audit referring to Resolution 96-1991 establishing the reserve goals for the various DRAFT CHARTER COMMISSION MEETING OF JUNE 10,2009 PAGE 2 funds of the City. The Auditor noted on December 31,2008,the General Fund balance was not sufficient to fulfill reserve goals established by this resolution. He said the city was in a downward spiral and had exhausted some of the reserves by transferring those reserves to the general fund for cash flow. He said staff would go back to the Council to redefine reserve funds. Rick Pribyl said there was an immediate need of$1.2m and the council survey suggested a voter approved tax increase. He said franchise fees might have some merit as these funds would be in a different pool than taxes cities, counties and school districts rely on from the state. He said with no new revenue and no approved levy or fee,the city would have to have drastic cuts in services. Deb Skogen stated staff had been considering a special election but found through our legal counsel that the city could only go to the voters during a regular election or that the charter would have to be amended allowing for a special election. Based on the information Rick had and the information received from the city attorney, staff decided to ask Cindy if she would meet with us to determine whether or not she should call a special meeting. Deb Skogen provided a proposed timeline and the possibility of going to the voters in December with a special election asking for an increase in revenue, if there was no referendum petition on the charter amendment. DISCUSSION OF PROPOSED AMENDMENT Commissioner Reynolds asked if the 2%change would help. Chairperson Soule said this amendment did not address any of the things the Commissioners had talked about nor did it refer to the"Holm"amendment. Commissioner Jorgenson wondered if the council could adopt an emergency ordinance allowed by, Section 3.06 of the Charter. After some discussion it was not sure whether or not this process could be used to increase the levy or fees. Commissioner Holm said the council could make dramatic cuts to the City's budget. Commissioner Reynolds felt that$1.2m shortfall was not drastic but there might be an immediate need to make cuts to the budget. Commissioner Borman said there should be some provision to allow the city council to go to the voters to ask for a levy at a special election. Commissioner Findell felt this amendment was a brilliant idea and supported its passage. Commissioner Jorgenson felt the Governor had not made the unallotments yet and felt staff was acting too quickly. Rick Pribyl said the city was looking at the worse case scenario and felt strongly about what the unallotments would be. Commissioner Holm said regardless of what the Governor did,the City was now in a crisis. Commissioner Reynolds did not like the concept of a special election. She felt whoever had control of the process or the date of the election,controlled the outcome as the turnout was much smaller then a general election and felt all voters should have input to the process. Commissioner Jorgenson said the issue had been getting people to the polls. Commissioner Borman felt if people chose not to vote, it was not the City's fault. Commissioner Reynolds wondered about the timeline of a proposed December election but did agree there was a process that would need to be started to educate or get the information to the voters in 2010. DRAFT CHARTER COMMISSION MEETING OF JUNE 10,2009 PAGE 3 n Commissioner Jorgenson said the taxes assessed in 2010 are payable and due the following year. Rick Pribyl said the City did not know if they could sustain all of the cuts due to bargaining unit issues. He said currently there appeared to be a($702,000)deficit with all of the transfers. He said the liquor fund transfer was lowered in order to allow the liquor store to maintain the reserves needed for its cash flow. Commissioner Jorgenson said she was frustrated with the process,especially in light of the possibility of the police department adding two dogs because of a grant. She felt people were not going to understand. She said there was $38m in reserves when she left and wondered where it all went. Rick Pribyl said the reserves have all been exhausted. Commissioner Jorgenson wondered why the spending continued to go on. Commissioner Reynolds asked about recreation and why it was important. Rick Pribyl said it would be a major change in the city if the city did not provide this service. Commissioner Braam said it was all about the quality of life the citizens wanted to have—did the citizens want the City to be bare boned or to have some amenities. Commissioner Reynolds suggested backing off some of the services while the economy was bad. Commissioner Kranz said he would like to see the city go to the voters to let them decide and wondered what the cost of an election was. Deb Skogen said the election would cost approximately$15,000,mostly due to election judge salaries as all precincts would have to be open. Commissioner Reynolds said there was no money in the budget for an election and Rick Pribyl said that was correct. Commissioner Findell said people would ask what the City was doing with the reserves and why the city would need to raise taxes when there was a reserve. Commissioner Jorgenson was upset the reserves were spent down. Rick Pribyl said there were about 15 different funds, subsidiaries as well as the municipal corporation,which all had to maintain a certain reserve for cash flow. He said in order to determine what a surplus you might have you would have to look at each fund. He said the city was already at its bare bones level if the city was going to continue with the same level of service. Commissioner Holm said if the proposed amendment was adopted, it would allow the Council to go to the voters by December 15th to ask the voters if they would approve an increased tax levy or approve franchise fees;but there would be no guarantee of the citizens passing anything. Commissioner Reynolds wondered if the franchise fees could be transferred to the general fund. Deb Skogen said yes,that state laws does allow the transfer. Rick Pribyl said for the average homeowner in Fridley,the franchise fees would total approximately$39 a year vs. an increase in the tax levy which would total approximately$82. Commissioner Reynolds asked about a targeted levy or whether the city was going to list what services would be cut. DRAFT CHARTER COMMISSION MEETING OF JUNE 10,2009 PAGE 4 Rick Pribyl said at this time there were a lot of questions but a targeted levy was just that,the funds could only be used for that specific purpose rather than raising revenue for the general fund. Commissioner Holm said some voters may have certain issues they feel are important while others may feel other things are more important. Commissioner Borman said during contract negotiations with the Union at Qwest,the company always discussed the needs of the business when negotiating. Commissioner Reynolds said she understood the need but could not understand the need for a special election. Commissioner Borman said the City could try to cut funding to its employees but would still have to negotiate with the unions and possibly enter into arbitration. Chairperson Soule said there were deep cuts proposed in the budget but the City was not yet cutting services to its residents. Commissioner Ryan said as a government supervisor when you make too many cuts to employees,you lose your best and brightest employees because they are the first ones to be hired by other companies. It's always the government workers that get the short end of the stick. Commissioner Kranz said we are all trying to recover from the economy and the first thing people say is let's cut wages. That will only add to the problem. Let's try raising taxes to continue to employ good people and keep them. He said he had to negotiate with the union and the new owners of the Star Tribune when it was sold. He had to go all the way to New York to bargain and the Company wanted to cut employees wages and if they don't,they threatened to shut the doors. Commissioner Jorgenson felt until the public sees its services cut at a city level,she did not think the voters would approve an increase. Rick Pribyl felt,based on what happened with the utility rates,that it was a matter of educating the voters and it was more like an exercise to get them to understand the importance. Chairperson Soule said if the voters said no,the city would have to cut services. She said it was the first thing she thought of when staff brought the issue to her. Commissioner Borman wondered how and where to start cutting services. Commissioner Reynolds felt the City could quit putting in irrigation systems in the parks;or cut the fees or dues of $16,000 to the League of Minnesota Cities. Commissioner Jorgenson said the City belonged to the LMC and as part of their membership the LMC,through the LMCIT,provided insurance to the City as well. Commissioner Holm MOVED and Commissioner Ryan seconded a motion that the Commission adopt the language as provided with the agenda amending Section 7.02.2.C.&D. allowing for a special election and removing the 51% requirement. Commissioners Jorgenson and Reynolds both declared they were adamantly opposed and would circulate a referendum petition against the proposed amendment. Commissioner Jorgenson felt the City Council could come back every three months and ask for a special election. Commissioner Holm said there would be political risks to the council if they tried to come back every three months to ask voters for an increase and didn't think the Council would do that. DRAFT CHARTER COMMISSION MEETING OF JUNE 10,2009 PAGE 5 Commissioner Jorgenson felt the Charter Commission was being dismissed from amending the charter. Rick Pribyl said the City was going to be in a crisis by 2012 and out of the"rainy day"funds. He said staff had tried to anticipate the governor's cuts and felt they knew what the best and worst case scenarios were. He said the City used to receive$2 million in funding from the state,but the state has since commandeered those funds. Commissioner Holm said during this twelve years on the Charter Commission,this was not the first time staff had come to the Commission requesting a change and most of the time the Charter Commission has recommended those changes to the Council. Commissioner Findell said the amendment satisfied the need to go to the voters,which was what most people cared about when bringing the original petition. He said the City would see a core group of people who really care about City services come and vote in the election. Commissioner Reynolds felt the change in language would allow the Council to declare multiple elections. Commissioner Braam said the City was at a crossroads, as was every city in Minnesota. Which way are you going to go? Are you going to lose full-time employees? Are you going to cut services? He said it was all about the quality of life and you get what you pay for. He felt it should be up to the voters to make the decision about the quality of life they would like. He also did not believe the City Council would call a special election every three months at $15,000 per election. CHAIRPERSON SOULE CALLED THE QUESTION AND A ROLL CALL VOTE WAS TAKEN. COMMISSIONERS BORMAN, BRAAM, FINDELL,HOLM, KRANZ,RYAN, SCHOLZEN AND SOULE VOTED AYE;COMMISSIONERS JORGENSON AND REYNOLDS VOTED NAY. THE MOTION PASSED ON AN 8 TO 2 VOTE. Commissioner Holm MOVED and Commissioner Borman seconded a motion sending the approved charter amendment to the City Council. UPON A VOICE VOTE,CHAIRPERSON SOULE DECOARED THE MOTION PASSED WITH JORGENSON AND REYNOLDS VOTING AGAINST THE MOTION. Chairperson Soule asked if the Commissioners wanted to continue with the July and August special meetings. After a brief discussion,they all agreed September 28th would be their next meeting. ADJOURNMENT: Commissioner Ryan MOVED and Commissioner Jorgenson seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:18 P.M. Respectfully submitted, Debra A. Skogen, ,Acting Secretary City Clerk/Staff Liaison DRAFT U ti i • ., City of Fridley, Minnesota Audit Management Letter Executive Summary Executive Summary • 1 Several areas highlighted for your reference include the following: I The City's property tax collection rate was 98.1% for 2008. Page 5 I The General Fund balance decreased$685,000 during 2008, compared budgeted decrease of$818,000. The State of Minnesota's unallotm nt a LGA and MVHC was $418,000. The fund balance of the Genf al,l to was Page 8 I 4.6 million at December 31, 2008. However, at Decemb- "4e; 2048 the General Fund fund balance was not sufficient to fulf reseeoals established by Resolution 96-1991. Ok. The Special Assessment Debt Service Funds are in a strong fmancial I position. Cash and pledged assets exc ed debt by over$2.1 million at December 31, 2008. Page 12 I The Water and Sewer Utility Vo ported losses in 2008 of$316,000 Pages 17- I compared to $418,000 for zi.• The cumulative losses since 2002 are 19 $1,369,000 for wa ran h71,000 for sewer. I The City implementeGASB Statement No. 45 on Other Post Employment Benefits (OPEB). Page 28 I I I I 3 I City of Fridley, 10 Minnesota Audit Management Letter General Fund The City's December 31, 2008 General Fund balance totaled$4,586,785. The City's IN IIgeneral fund balance has been as follows for the past several years: $8,000,000 General Fund Balance 111 , _ $7,000,000 $6,000,000 ii�' ‘.. ril ill $5,000,000 _ II r ' --...1 $3,000,000 Ill - it $2,000,000 6 3 1 ill$1,000,000 , SO 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 p II p p N 7 0 City of Fridley, Minnesota Audit Management Letter General Fund The General Fund balance at December 31, 2008 is not sufficient to fulfill the reserve goal established by Resolution 96-1991. A comparison of reserves established by Resolution 96-1991 and the amount of fund balance available is as follows: General Fund Fund Balance Reserves Reserve Fund Balance( I Per Policy Amx$ Designation (Res 96-1991) Ma...ilabre4 Deficiency Inventory $48,56. $ - • Working capital 585790 " >$2),561 ,538,224 (1,319,772) Capital asset replacement - x - Contingency 1,4909 - (1,492,009) Total reserved/designated $748,566 $4,586,785 ($2,811,781) The 2009 budget anticipa x, rease in fund balance of$815,081. I I L I 8 . , , '^ City of Fridley, Minnesota Audit Management Letter General Fund 1 Working Capital Reserve Approximately 70% of the General Fund's revenue sources are from property taxes and state aids. These revenue sources are not received until the second half of the fiscal year. As such, a working capital reserve at December 31 is needed to finance operations for the first I six months of the year. For the City of Fridley,the working capital reserve as established by Resolution 96-1991 is computed as follows: A CZ?) I 2009 property tax levy(includes MVHC) f-`"'tiu- ,430,474 2009 local government aid 1,332,853 Total _L 1" $9,763,327 I Working capital reserve amount i"■ (sixty percent of total) $5,857,996 Contingency Reserve 44°S. 47 's' I The City's established fm ri^u for the calculation of the contingency reserve is ten percent of the ensuing ' geted expenditures as follows: P gy 0 2009 budgeted expenditures $14,920,090 Applicable percentage 10% Contingency reserve amount $1,492,009 Fund balance available for contingency reserve $0 . 1 1 9 • City of Fridley, y Minnesota itAudit Management Letter General Fund IICapital Asset Replacement Reserve This reserve is an amount equal to 10% of the General Fund's investment in capital assets. The amount needed at December 31, 2008 was $460,370. However, at December 31, 2008,there was not sufficient fund balance to fulfill this requirement. i I Q3°) _ N." ii, t e r Qily I 41S 4e I y IlE. . Q'4'* IL I 0 10 City Cierk's Office Data Rec ived t--/ Forward to Copy to crrYOF FR DL Commissioner Application Name 4' I0w/�. F/-td-kin/5e, Address 65a, Cf / Ave it).6- Home Phone 763 57i S c'r 9' Number of Years (Months Fridley Resident) (� , Employer Work Phone 76,3_Ad2.6 70 7 7 Address 7g as kA4. . Zip Does your work require you to travel How Often? Do you have any special interests or training that you think a particular commission could use? ps P 0-Ie !oce, C!f 1 b s45s6e< 3 O p 1�S r1�2.s. 1L1tL�v � +7��.Ci..s /Pf ier.,""a5,.e,rs :Y-7, x 9/0 41.t>7serg', 0-"err n, mass-e7 PleaVralicate which commission(s)you would like to become a member of: Charter Cow sio 4athre Date Charter Commission Candidate Questionnaire 1. Would you be available for winter meetings (the months of January through May)? /12_ 2. If you are appointed,what would your expectations be? ‘e0,4 algoAetezz4+ 6-4 3. Does your job require travel, especially at the end of the month or the 4th Monday of the month? 4. Why would you want to be on the Charter Commission, what could you bring to the table? o.f� l wY �.T��+�,v-rte z��,Qc. ,�� :✓��c.� 1)4S+ (o 4S+ 1< ei/�°c�e!e 5. Are you familiar with what the City Charter is? 6. Is there anything else or any other comments you would like to share with the Commission? /e/2-Y" /!,C4 z°�"�57' /,mac vo /ode, ;,J f A,c C. 7e-7P City Clerk's Office AQ Date Received 7-340°11 Forward to Copy to an/OF F DLE Commissioner Application Name A I • Address 0 A V./'J /ice( 1�y Home Phone � ��— Number of Years (Months Fridley Resident) j I fyi,9 Employer R /1 Y�/t raf liL 0'1 l G� 1 Work Phone -� 06 co f Address �- Zip Does your work require you to travel How Often? Do you have any special interests or training that you think a particular commission could use? / 174yi; Please I I•icate which commission(s) you would like to become a member of: 'APP f eAti ommission ignatur�f Date 2. Now that I'm retired, I want to be more informed and involved in my community. 4. In the 70's and 80's I was a human resource manager for a manufacturing company that was non-union. It took a constant effort working with employees, listening to their questions and complaints,then making compromises to maintain our non-union status and yet making sure that employees were happy with their employment. 5. A governing system defined by tie city's own document. Charter Commission Candidate Questionnaire 1. Would you be available for winter meetings (the months of January through May)? 2. If you are appointed,what would your expectations be? 3. Does your job require travel, especially at the end of the month or the 4th Monday of the month? A/A 4. Why would you want to be on the Charter Commission, what could you bring to the table? 5. Are you familiar with what the City Charter is? 6. Is there anything else or any other comments you would like to share with the Commission? ORDINANCE NO. 1260 AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, after review and recommendation of the Charter Commission, the City Council has determined the current language of the charter related to restrictions on the tax levy and fee restrictions may cause deep and significant harm to the finances of the City and that a change in charter language is necessary to mitigate future harm from being caused by the charter to the City's finances. IT IS HEREBY ORDAINED THAT THE CHARTER BE AMENDED AS FOLLOWS: FRIDLEY CITY CHAR'I'ER CHAPTER 7. TAXATION AND FINANCES Section 7.02. POWER OF TAXATION 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 a special or regular municipal election. D. The additional tax levy shall take effect if a majority of the votes cast on the ballot question at said election are in favor of its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JULY 2009. SCOTT J. , MAYOR AT 1'EST: DEBRA A. SKOGEN, ITY CLERK Public Hearing: July 13,2009 First Reading July 13,2009 Second Reading July 27,2009 Publication August 6.2009 Amendment(C)(2) (Holm Amendment) Ordinance No. AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER WHEREAS,the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter,has the power to amend its Charter, and WHEREAS, after review and consent of the Charter Commission, the City Council has determined the current language of the charter related to restrictions on the tax levykand fee restrictions may cause deep and significant harm to the finances of the City and that change in charter language is necessary to mitigate future harm from being caused by the charter to,the City's finances. IT IS HEREBY ORDAINED THAT THE CHARTER BE AMENDED AS FOLLOWS: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. Section 7.02. POWER OF TAXATION. 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted or implied, 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 the lesser of the following formulas., either the prior year tax levy dollar amount increased by a maximum of 5% or CPI (Consumer Price Index)plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis.,St. Paul metropolitan area as defined by the U.S. Department of Labor, Bureau of Labor Statistics. in dollars, a tax levy that is greater Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. �8 - - - . - e • Nothing;in this provision shall be construed to impair any general obligation the City may have in smart 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 in any year 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 Ordinance No. Page 2 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 resolution provides for such levy. 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 arc in favor of its adoption. 3. Creation of any new fees shall require voter approval as stipulated in this subsection. Any otler fees-created, or increased beyond the limits c,et - • . - - •• - voter approval as stipulated in subsection 2. A. For the purposes of this subsection,now"fees" includes sales and use taxes, recycling fees, gas and electric franchise foes and artyrether fee that produces a tax burden or direct financial obligation for all toverty owners and/or residents of Fridley. (Ref Ord 1152) - - -.. __ • • n copying, sales of municipal liquor store products,or civil and criminal fines and " H •- --- - additional service providers for which fees are already being charged, fees for the provided by the City tits citizens or other members of the public which,by law, /129. (Ref Ord;1152) - - - -- •- - in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. (Ref Ord 1152) B.D7--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 2 Ordinance No. Page 3 Ord 1152) C. To create a new fee,the City Council shall: 1) Adopt a resolution declaring the need for establishing a new fee and the purposes for which the new fee is required. 2) Hold a public hearing pursuant to three (3)weeks notice published in the official newspaper of the City, setting forth the contents of the resolution to establish the new fee. ., 3) After such public hearing, adopt a resolution tan affirmative vote of at least four(4)members of the Council whic4444,be presented as a clear and concise "plain language"ballot questio44 the 414egular municipal election. 4) The new fee shall take effect if approved by a majoritvhe votes cast on that ballot question. 4. 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). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2009. Scott J. Lund, Mayor ATTEST: Debra A.Skogen, city Clerk Public Heart; First Reading: Second Reading: Publication: 3 --� 2009 Charter Commission Membership Name/Address Phone e-mail address Appointed Term Expires Borman,Peter (h)763-571-4479 Peter.borman@qwest.com 12-03-03 (1) 11-24-2007 120 River Edge Way (w)612-663-2067 11-28-07(2) 11-24-2011 55432 Brawn,Gary (h)763-571-9582 gbraam(aimsn.com 06-01-04(1) 05-31-2008 1436 66th Avenue 02-05-08(2) 05-31-2012 55432 Findell,Donald (h)763-571-0467 donfinder( aol.com 6-16-97(1) 5-11-2001 6850 Siverts Lane (w)Fax 763-571- 2-21-01 (2) 5-1-2005 55432 7386 5-4-05 (3) 5-1-2009 Hoiby,Carol (h)763-572-9169 5-12-05 (v) 5-1-2007 5380 711 Street NE 3-22-07(1) 5-1-2011 55421 Holm,William (h)763-784-7052 holm @goldengate.net 4-26-96(v) 5-24-1999 7424 Melody Drive NE (w) 4-9-99(1) 5-24-2003 55432 5-23-03 (2) 5-24-2007 3-22-07 5-24-2011 Jorgenson,Nancy (h)763-571-1648 Njjorgenson48 @msn.com 2-21-01 (1) 2-21-2005 5730 Polk Street NE (w) 5-12-05(2) 2-21-2009 55432 Ted Kranz (h)763-571-4387 8-11-06(1) 4-22-2010 6701 Monroe Street NE 55432 Rick Nelson (c)612-963-2487 rnelsonamape.org 05-12- 02-13-2012 4624 2 'h Street NE 55421 Leslie Plummer (h)763-717-0677 leslie.plummer63a,comcast.n 8/11/06(v) 02-21-2009 663 Hugo Street (w)763-302-8326 et 55432 Reynolds,Pam (h)763-571-8453 fnpam @hotmail.com 5-12-05 (v) 5-1-2007 1241 Norton Ave NE (w)763-954-5392 3-22-07 5-1-2011 55432 Noel Ryan• (h)763-571-8537 8-11-06(1) 04-22-2010 5607 W Bavarian Pass 55432 Keith Shaw (h)763-574-1943 NancyJShawC igmail.com 11-06-08(v) 05-01-2009 400 Rice Creek Boulevard (w)612-747-6704 55432 Soule,Cynthia $( (h)763-572-9666 csoule(a,elcabop.org 6-16-97(1) 5-11-2001 7838 Firwood Way (w)612-752-4101 •19rian 3 'ymt.con, 2-21-01 (2) 5-1-2005 55432 5-4-05 (3) 5-1-2009 Scholzen,Lois (h)763-571-1276 scholzemmnaaol.com 3-22-07(v) 5-1-2009 117 Hartman Circle 55432 Passed Away 4/21/09 Mary Kirkwood (h)763-784-6104 8-11-06(1) 4-22-2010 409 Longfellow Street NE 55432 * Io -15-0q R-,-09