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CHA 09-09-2013 TO: Charter Commission Members FROM: Deb Skogen, City Clerk Date: September 6, 2013 Re: September 9, 2013 Meeting This is a reminder to you that the next Charter Commission meeting will be held on Monday, September 9th at 7:00 p.m. in Meeting Room 2 of the Lower Level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail us before 10:00 a.m. Monday, September 9th, as to whether or not you plan on attending the meeting. Please remember to call or e-mail me by Monday morning at (763)572- 3523 or e mail at deb.skogen@fridleymn.gov whether or not you will be attending the meeting. (For those of you who do not know, Cindy tendered her resignation in May and is no longer with the City). If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be 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. The reappointments for Commissioners Findell, Jorgenson, Reiland and Soule were completed l have them take their Oath publicly at the meeting on Monday evening. The Court has not yet appointed Olawore and Walch at this time. I have sent two letters and made a phone call. They have been sent packets and should be in attendance at the meeting. I will give you an updated on Monday if anything changes. For the discussion on the ordinance amending Chapters 7-12, I have provided the council memo, original ordinance, and council minutes for your review. In addition, I included the Charter Commission minutes of September and October, 2010, of your discussion of the ordinance as well as information from the comprehensive plan with their definitions of transportation. If you have time, please review the information and come prepared for discussion on Monday. I have included a copy of the Bylaws and Chapter 1 for your review and discussion. I have included the materials from the April 2013 meeting pertaining to Chapter 1 of other city charters. If you have any questions, please call or e-mail me if you have questions. FRIDLEY CHARTER COMMISSION A G E N D A MONDAY, SEPTEMBER 9, 2013 7:00 P.M. ====================================== Fridley Municipal Center LOCATION: Meeting Room 2 - Lower Level 1.CALL TO ORDER AND OATH OF OFFICE: 2.ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES May 6, 2013 5. ADMINISTRATIVE MATTERS A.Vacancies Update on Reappointment/Appointments B.Legislative Update 6. DISCUSSION OF ORDINANCE AMENDING CHAPTERS 7-12 7. DISCUSSION OF CHARTER COMMISSION BYLAWS 8. DISCUSSION-CHAPTER 1 (REFERS TO MN STATURES CH 410) 9. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 10. OTHER BUSINESS 11. FUTURE MEETING TOPICS 12. ADJOURNMENT Next Regular Commission meeting October 7, 2013 Conference Room A Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING MAY 6, 2013 I.CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:06 p.m. II.ROLL CALL: Members Present: Gary Braam, Don Findell, Marian Flickinger, Carol Hoiby, Bill Holm, Nancy Jorgenson, Ted Kranz, Rick Nelson, Cindy Soule Members Absent: Pete Borman, Barb Reiland, Pam Reynolds, and Lois Scholzen Others Present: Deb Skogen, City Clerk/Staff Liaison III.APPROVAL OF AGENDA Deb Skogen recommended the Commission review the ordinance amending Chapters 7-12 presented to the City Council at a public hearing on June 28, 2010, under Administrative Matters Item C for discussion. Commissioner Soule MOVED and Commissioner Hoiby seconded a motion approving the meeting agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. IV.APPROVAL OF MINUTES Commissioner Kranz MOVED and Commissioner Jorgenson seconded a motion approving the Charter Commission meeting minutes of April 1, 2013. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. V.ADMINISTRATIVE MATTERS A. Vacancies Ms. Skogen said Novella Olawore and Richard Walch had applied to the Commission and were present to answer any questions the Commissioners might have. Richard Walch said he had lived in the city for seven years. He said had been active in politics and supported various candidates but was interested in become active in a more non-partisan way. He has a CPA, but works as a business analyst doing technical support for Ameriprise. He said a friend saw an article in the Fridley Sun Focus and told him about the position. Novella Olawore said she had served in Brooklyn Park on their Human Rights Commission and was looking to get more active in Fridley, even though she was a renter. She works for Hennepin County Taxpayer Services. Ms. Skogen said the application was received last fall and Ms. Olawore was still interested. Commissioner Braam MOVED and Commissioner Jorgenson seconded a motion recommending the appointment of Novella Olawore and Richard Walch to the chief judge for the two vacancies. Draft CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. B. Update on Chapters 4 and 5 th Ms. Skogen said the two ordinances received their second reading on May 8, had been published and st become effective on July 31. There were no issues and everything passed unanimously. Commissioner Kranz had attended the meeting and the Council was very supportive and thanked the Commissioners for all of their hard work. C. Discussion of Ordinance Amending Chapters 7-12 from June 28, 2010 public hearing Ms. Skogen said a public hearing to review the ordinance was held on June 28, 2010, and the Council had a few questions to bring back to the Charter Commission. Unfortunately, due to the Legislative changes to elections, the Commission began working on Chapters 4 and 5 and the ordinance amending chapters 7-12 was put on the back burner. She suggested placing it on the September agenda for discussion. She will provide the ordinance, the memo and minutes to the meeting regarding the public hearing. The public hearing was continued so it can still be brought back to the Council. She provided her copy of the ordinance with her handwriting regarding questions and suggestions. Under Section 2, Chapter 8, Councilmember Bolkcom asked what transportation lines meant. After some discussion she suggested using modes of transportation or something like that. Commissioner Saefke agreed stating there was only one transportation line, street cars along East River Road, when the Charter was adopted and now there are several different modes like busses and the light rail. The Council had a question as to the thought process of the establishment of the Public Utilities Commission and in Chapter 12, Section 1, amended. After some discussion between transportation modes and or corridors or facilities, Chairperson Nelson said they discussed the issue and suggested reviewing the previous minutes and bringing it back for discussion at the next meeting. Chapter 8, Section 8.05 and Chapter 11, Section 11.08 appear to have a discrepancy in that Section 8.05 requires a super majority of the Council (4/5 vote) and Section 11.08 only requires a majority of the Council (3/5 vote). It was determined they both sections should read the same way. So Section 11.08 will be at the discretion of the Council by a majority vote shall require an affirmative vote of at least four (4) members of the City Council. under competent supervision and provided the department with suita Ms. Skogen said Councilmember Bolkcom did not like long run on sentences and recommended making changes. In addition, Councilmember Bolkcom wondered if state statute should be required by the mailing or posting. Ms. Skogen said earlier in the paragraph the laws of Minnesota are referred to so did not feel it was necessary as there may be many different statutes that pertain to publication requirements. She read the ion, in addition to the publications required in this Charter also provide for the publication of important city information, including but not limited to, the annual budget, ordinances, and resolutions election notices and such other measures and matters as it may deem wise. Such publications may be done by mailing or posting of typewritten, mimeographed or printed copies thereof on bulletin board located in public places of the city in such number and for such period of time as the Council may direct in each case. In addition, the city Draft CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 3 Chairperson Nelson wondered why elections was removed. Ms. Skogen stated elections was referred to in the second sentence of the Section and also had specific requirements by state law. There was further discussion about the other specific items mentioned. Ms. Skogen suggested removing the specific types. Commissioner Soule said the first part of the paragraph discussed the requirements of having an official newspaper and that the second half of the paragraph allows the council to publish other documents at its discretion. The Commissioners decided to split the paragraph into two sections: cretion provide for the publication of other city information. Commissioner Soule felt the intent was to expand the communication modes more widely to allow residents to consume the information in different formats. Ms. Skogen said this was the biggest section that should really be reread and have further discussion. She recommended reviewing it prior to the next meeting and if any of the Commissioners had any suggestions they should send them to her. Chairperson Nelson suggested having a savings sentence in the last sentence and he will put it together and send it. (if one section becomes null and void, the rest of the section would remain in effect) VI.DISCUSSION OF CHARTER COMMISSION BYLAWS Ms. Skogen said there are some organizations allowing electronic voting. In this case, if you could not get a quorum and there was something urgent, you could send the information out electronically and request an electronic vote within a specific number of days. It was just an item that was new and thought the Commission should discuss it. Chairperson Nelson requested they review the bylaws. Section II Commissioner Soule wondered if members could attend a commission meeting electronically, using SKYPE or something similar. Ms. Skogen said at this time the City is not set up for that possibility. Section VII the meeting where a vote would be taken. Commissioner Jorgenson asked how the public would know what was happening. Ms. Skogen said this would not be used for something new but for something that has been under discussion. An example would be where something is discussed at a meeting, she would put together some language and send it to the Commissioners for their approval to allow it to be sent to the Council before the next Charter Commission meeting. Commissioner Braam said a motion could be made and seconded and voted on at a meeting requesting that something be prepared and sent out for a vote after the meeting. This would allow others to vote who were not in attendance at a meeting if it is an important or urgent matter. Commissioner Nelson suggested that the vote would be included in the meeting minutes of the next meeting. Draft CHARTER COMMISSION MEETING OF MAY 6, 2013 PAGE 4 After further discussion, it was decided that if the Commissioners have any ideas prior to the next meeting for language, it should be sent to Ms. Skogen to incorporate into the next agenda. VII.DISCUSSION OF CHAPTER I Chapter 1 was not included in the meeting materials. Commission Flickinger MOVED and Commissioner Kranz seconded a motion to table the discussion for this chapter. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. VIII.DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY Commissioner Kranz MOVED and Commissioner Flickinger seconded a motion to table the discussion for this item. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. IX.FUTURE MEETING TOPICS The agenda for the September 9, 2013, meeting will include, discussion of ordinance Amending Chapters 7-12, the Charter City. X.ADJOURNMENT: Commissioner Braam MOVED and Commissioner Jorgenson seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:31 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Donald Findell, Secretary City Clerk/Staff Liaison Draft ITEM6OFAGENDA AGENDA ITEM CITY COUNCIL MEETING OF June 28, 2010 To: William W. Burns, City Manager From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: June 15, 2010 Re: Public Hearing on Proposed Amendment to Fridley City Charter Chapters 7-12 The Fridley Charter Commission meet eight times annually to review the Fridley Charter. The Commission reviewed Chapters 7 through 12 for general housekeeping issues and to make it consistent with state law. They directed staff to formulate an amendment by ordinance. Staff drafted the amendment by ordinance for the Commission's for review. On May 24, 2010, the Charter Commission unanimously approved the amendment by ordinance and recommended the amendment be forwarded to the City Council for adoption. Minnesota Law requires a public hearing notice to be published within one month of receiving the proposed amendment and the notice must contain the text of the proposed amendment. A public hearing notice, as shown in Attachment 1, was prepared and was published in the Fridley Sun Focus on June 3 and 10, 2010. Staff recommends holding a public hearing on an ordinance proposing to amend Chapter 7-12 of the Fridley Charter. OriginalOrdinance RecommendedtoCity CouncilforJune28,2010 City of Fridley Public Hearing Notice Before the City Council PublicHearing. Amendment to City Charter (Legal Publication) Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday, June 28, 2010 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley, Minnesota, for the purpose of taking public testimony on the following proposed amendment to the City Charter: ORDINANCE NO. ____ AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES, AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least less. 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. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: 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. and nNotice 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 Ordinance No. ____ Page 3 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) what is allowable under Minnesota state statutes 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. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES SECTION 11.04. CITY TO PAY FOR SERVICES The Council shall make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for supplying the City with water,. and The City shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. SECTION 11.08. COMMISSION AT DISCRETION OF COUNCIL The City Council may establish a public utilities commission as defined and authorized by state law. The commission’s membership, organization, rules and regulations, officers, salary, jurisdiction, powers, disbursements, reports and abolition of the commission will be at the discretion of the Council by a majority vote. SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. MISCELLANEOUS PROVISIONS SECTION 12.01. OFFICIAL PUBLICATIONS The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections, ordinances, resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the official newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. The Council may in its discretion, in addition to the publications required by this Charter, provide for the publication of important city information includingthe annual budget, ordinances, resolutions, election notices, and such other measures and matters as it may deem wise., It shall be done by mailing or posting of typewritten, mimeographed or printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition, the city council may use electronic means for publication. Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Ordinance No. ____ Page 4 SECTION 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regulations established by the City Manager and approved by the City Council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish in accordance with the Minnesota Government Data Practices Act. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS __ DAY OF _____ 2010. /s/ SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Monday, June 23, 2010. The TDD number is 763-572-3534. th Dated this 26 day of March 2010. /s/ Debra A. Skogen, City Clerk Published in the Fridley Sun Focus on June 3 and 10, 2010. CITY OF FRIDLEY CHARTER COMMISSION MEETING September 27, 2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Marion Flickinger, Carol Hoiby, Bill Holm, Ted Kranz, Rick Nelson, Pam Reynolds, Noel Ryan, Lois Scholzen and Cindy Soule Members Absent: Commissioners Peter Borman, Don Findell, Nancy Jorgenson, Leslie Plummer and Keith Shaw 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 Deb Skogen, reviewed several changes to the minutes she had found since sending the minutes out. There was no further discussion. Commissioner Kranz MOVED and Commissioner Reynolds seconded a motion approving the Charter Commission meeting minutes of May 24, 2010, as amended UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Deb Skogen explained the ordinance the Charter recommended to the City Council proposing changes to Chapter 7- 12 had been received and a public hearing had been held. At the end of the public hearing, the City Council decided to send the ordinance back to the Charter Commission for further clarifications and continued the public hearing. The matters in question were: Section 8.01 it was suggested that the words transportation lines be changed to transportation modes or something Section 11.08 the City Council was wondering what the thought process was by adding the language. Section 12.01 The City Council felt the language was redundant and wondered whether it should be changed to reflect state statute. Commissioner Nelson said mode was not the same thing as line, that it was a type of transportation rather than something physical the Council could assess for. Commissioner Reynolds thought mode could mean motorcycle, bicycle, railroad, and the city did not own those. Adopted 10-25-10 CHARTER COMMISSION MEETING OF SEPTEMBER 27, 2010 PAGE 2 Commissioner Nelson MOVED and Commissioner Reynolds seconded to change transportation line to transportation corridors and/or facilities. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen said she would also check with Community Development to see how the term is referenced in the Chairperson Soule said she remembered putting the language into Section 11.08 to be more explicit as to what type of Commission could be created. Commissioner Nelson felt it was to define what a public utilities commission was and to allow them to establish it. Commissioner Holm felt it was merely a clarification to identify the name of the Commission. It was suggested that Deb Skogen review the minutes to reflect the thought process of the Commission and provide it to the Commission at the next meeting. Section 12.01 was then discussed and it was recommended to break-up sentences and to remove the words typewritten and mimeographed. After further discussion, Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion to change the language to read as follows: At its discretion, the City Council may also provide for the publication of, but not limited to, the annual budget, ordinances and resolutions. Such publications may be done by mailing or posting of printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition to the above, the UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen was directed to redraft the ordinance and prepare it for the next Commission agenda. DISCUSSION OF CHAPTER 7 There was no discussion of Chapter 7 and it remained tabled until further notice. DISCUSSION OF CHAPTER 2 COUNCIL VACANCIES Prior to removing this from the table, Deb Skogen briefly reviewed the possible need to amend this chapter. She said based on the new election laws, you cannot hold a special election between August 10 and December 13 during even numbered years. In addition, why would you want to pay to have a special election during an election year. She said the charter really did not address a vacancy between the first and third years, but it did for the fourth year. She understood that there had been a lot of resistance from the City Council in the past to allow for the appointment of an individual, but that there were some cities that did provide for an appointment until the next regular election to allow for continued representation. Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion removing Chapter 2 from the table for discussion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. It was suggested that Deb Skogen provide a memo to the City Council explaining the issue and asking them how they would like this issue to proceed. Adopted 10-25-10 CITY OF FRIDLEY CHARTER COMMISSION MEETING October 25, 2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:04 p.m. ROLL CALL: Members Present: Gray Braam, Donald Findell ,Carol Hoiby, Ted Kranz, Rick Nelson, Leslie Plummer, Pam Reynolds, Noel Ryan, Cynthia Soule Members Absent: Peter Borman, Marion Flickinger, William Holm, Nancy Jorgenson and Keith Shaw Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Gary Braam MOVED and Commissioner Carol Hoiby seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Pam Reynolds MOVED and Commissioner Gary Braam seconded a motion approving the Charter Commission meeting minutes of October 25, 2010. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Discussion of 2011 Calendar. The question was asked why this date? Deb Skogen said it was changed to this day/week several years ago by the Commission. There was discussion to change the day/week the Charter Commission meets due to conflicts with the Council meeting schedule. The 20ll calendar was checked and out and there would be only one conflict. It was determined that it would be a good time to discuss the day/week schedule change for this Commission effective with the 2011 Calendar. Commissioner Donald Findell MOVED and Commissioner Ted Kranz seconded a motion to add nd the meeting day/week discussion to a specific Agenda item for the November 22 meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARD THE MOTION CARRIED. By doing so, this would call attention to the discussion to request changes of the standard meeting date of this commission to the first Monday of the Month. The staff could also investigate the schedules for the other commission meetings or other standard scheduled meeting on the first Monday of the month. Discussion of Ordinance Amending Chapters 7-12 To address the questions from for Chapters 7 to 12 from the City Council, Deb Skogen said she included copies of the minutes where all of these items were discussed. Deb felt that the letter addressing these items should be written by the Charter Chairperson. This letter could then be attached to the memo to the Council to request that the adoption of the Ordinance be placed on the Council Agenda. Adopted 11-22-10 OrdinanceAmendmentsfrom 10/25/10meetingwithcouncil andcharterchanges. OrdinanceAmendments afterMay6,2013charter meeting ORDINANCE NO. ____ AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES, AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all 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 that the prior year tax levy increased by an inflationary index, or 5%, whichever is least less. 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. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: 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. and nNotice 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, linesmodes, corridors and/or public buildings, parks, playgrounds, bridges, transportation facilities , 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 Ordinance No. ___ Page 2 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) what is allowable under Minnesota state statutes 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. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.04. CITY TO PAY FOR SERVICES The Council shall make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for , supplying the City with water. and The City shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Section 11.08. COMMISSION AT DISCRETION OF COUNCIL The City Council may establish a public utilities commission as defined and authorized by state law. The commission membership, organization, rules and regulations, officers, salary, jurisdiction, will be at the discretion of the powers, disbursements, reports and abolition of the commission Council by a majority shall require an affirmative vote of at least four (4) members of the City Council. SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL Section 12.01. OFFICIAL PUBLICATIONS The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections, ordinances, resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota. It Ordinance No. ____ Page 3 shall annually designate a legal newspaper of general circulation in the City as the official newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. The Council may in At its discretion, in addition to the publications required by this Charter, the City Council may also provide for the publication of important city information including but not limited tothe annual budget, ordinances, and resolutions, election notices, and such other measures and matters as it may deem wise., It shall be done Such publication may be done by mailing or posting of typewritten, mimeographed or printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in . each case. In addition, the city council may use electronic means for publication Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Section 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regulations established by the City Manager and approved by the City Council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish in accordance with the Minnesota Government Data Practices Act. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ____ DAY OF _________ 20__. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ____________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing: June 28, 2010 First Reading: Second Reading: Published: DefinitionsfromFridley 2030ComprehensivePlan Item7oftheAgenda FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Revised and Amended September 23, 2002 I. NAME -- the name of the organization shall be the Fridley Home Rule Charter Commission. II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to meet the needs of the people residents of Fridley. III. MEETINGS A. Commission meetings shall be held in the Fridley City Hall. B. The annual meeting shall be held in March of each year. C. Special meetings may be called by the Chair; or, the Chair, upon receipt of a written request signed by five (5) members, shall, within ten (10) days, call a special meeting. D. A quorum to conduct business shall be determined according to the following schedule: Number of Charter Commission Members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 E. Except as provided in these by-laws, all meetings shall be governed in accordance with Robert's Rules of Order, Revised. F. The time of the meeting shall be called by the chair. If there is not a quorum within ten minutes after the meeting time is to commence, the members shall be dismissed. However, if the chair felt there was important business to be addressed, the chair would have the discretion to ask members to stay longer, but may not exceed an additional 10 minutes past the specified time. IV. MEMBERSHIP -- The membership of this organization shall be 15 members. A. All members shall be expected to attend all meetings. If unable to attend, the member shall inform either the Chair or the Secretary as to the reason. B. Any member missing four (4) consecutive meetings without an adequate excuse, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the Court, supporting by two-thirds (2/3) of the Commission members present and voting. Fridley Charter Commission By-Laws Page 2 V. OFFICERS A. Election of Officers. 1. The officers of this organization shall be a Chair, Vice Chair and a Secretary. 2. The Chair, Vice Chair and Secretary shall be elected from the membership of the Commission. 3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting. No officer shall serve more than two consecutive terms in the same office. 4. All officers shall begin their terms of office upon election to that office. 5. Election to vacant offices shall be made from the floor at the next meeting following the meeting at which the vacancy is declared. 6. Officers of this organization shall be declared duly elected by a simple majority vote of those present and voting. B. Duties of Officers. 1. The Chair shall have the following responsibilities: to call all regular and special meetings, preside at all meetings, set the agenda, implement the decisions of this Commission and participate in all Commission decisions as a voting member. 2. The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform these duties, the Vice Chair shall discharge such duties. 3. The Secretary shall be responsible for: keeping an accurate record of attendance, recording of minutes at all meetings, distributing minutes to members within a reasonable time, giving notice to members who have missed three (3) consecutive meetings pursuant to Article IV, Section B, of the By-Laws, transmitting all correspondence and related resource material concerning this Commission to the City Clerk for retention and presiding at meetings in the absence of the Chair and Vice Chair. VI. COMMITTEES A. The Chair shall have the power to create committees, appoint members and designate chairs of those committees. Fridley Charter Commission By-Laws Page 3 B. In January of each year the Chair shall appoint a nominating committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. A written report of such nominations shall be mailed to each member at least ten (10) days before the annual meeting. VII. VOTING A. A majority vote of members present shall be sufficient to pass motions and resolutions except as provided elsewhere. B. There shall be no secret votes. VIII. ORDER OF BUSINESS 1. Call to Order by the Chair. 2. Roll Call. 3. Approval of Minutes. 4. Report of Officers. 5. Report of Committee. 6. Considerations of communications. 7. Old Business. 8. New Business. 9. Adjournment. IX. AMENDMENT A. These by-laws can be amended at any regular meeting of the Commission by a two- thirds (2/3) vote of those presents, provided that the amendment has been submitted in writing to the members at least two (2) weeks before the vote on the amendment. Item8oftheAgenda FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. 1. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.02. POWERS OF THE CITY. 2. The City of Fridley shall have perpetual succession; 3. may sue and be sued; 4. may use and alter its seal at pleasure; 5. shall be capable of contracting and being contracted with; 6. may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; 7. may acquire, construct, own, lease and operate public utilities, and render public service of every kind; 8. may grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares, tolls, or charges which may be collected, the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise of license; 9. may assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; 10. may borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; 11. may appropriate the money of the City for all lawful purposes; 12. may provide for, construct, regulate, and maintain public works and local improvements; 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 13. may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; 14. may license and regulate persons, corporations and associations engaged in any occupation, trade or business; 15. may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; 16. may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; 17. may regulate and control the use for whatever purposes of the streets and other public places; 18. may make and enforce local police, sanitary, and other regulations; 19. may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; 20. shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; 21. may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; 22. and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. 23. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. 24. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. CHARTER, A PUBLIC ACT. 25. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen (15) days from and after its adoption by the voters. 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 Section 1.04. DEFINITIONS. 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. (Ref. Ord. 857) 10/05/89 10/05/89