CHA 12/01/14
TO: Charter Commission Members
FROM: Deb Skogen, City Clerk and Staff Liaison
Moranda Zimmer, City Management & Election Intern
Date: November 21, 2014
Re: Charter Commission Meeting of December 1, 2014
This is a reminder to you that the next Charter Commission meeting will be held on Monday,
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December 1 at 7:00 p.m. in Conference Room A on the Upper Level.
In order to ensure a quorum, remember, the Charter Commission policy requires a member to
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call or e-mail me before 10:00 a.m. Monday, December 1, as to whether or not you plan on
attending the meeting. Please remember to call or e-mail me by Tuesday morning at (763)572-
3523 or e mail at deb.skogen@fridleymn.gov 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 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 Appointment Order was received and the Commissioners have signed their Acceptance of
Appointment and Oath. I have included the order in the agenda for your information. Welcome
to our newest members Dave and Manuel and reappointed members Marion (Teddy) and Ted.
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Attached it he agenda for the December 1 meeting. If you need any additional information
prior to the meeting, please let me know. Have a Happy Thanksgiving and we will see you
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December 1.
FRIDLEY
CHARTER COMMISSION
A G E N D A
MONDAY, DECEMBER 1, 2014 - 7:00 P.M.
======================================
Fridley Municipal Center
LOCATION:
Conference Room A Upper Level
1.CALL TO ORDER:
2.ROLL CALL:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES
October 6, 2014
5. ADMINISTRATIVE MATTERS
A. Status of appointments and reappointments
B. Status of Chapter 7 Amendment
C. Schedule 2015 Commission Calendar
6. OLD BUSINESS
A. Review of Chapter 1
B. Review of Chapter 6 (Motion to Remove from the table)
7. NEW BUSINESS
A. Review of Chapter 10 (Motion to Remove from the table)
8. FUTURE MEETING TOPICS/COMMUNICATIONS
9. ADJOURNMENT
Next Regular Commission Meeting
Monday, January 2015
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
OCTOBER 6, 2014
CALL TO ORDER:
Chairperson Nelson called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Pete Borman, Gary Braam, Don Findell, Marion
Flickinger, Carol Hoiby, Ted Kranz, Rick Nelson, Novella Ollawore,
David Ostwald, Barb Reiland, Pam Reynolds, Lois Scholzen and Richard
Walch
Members Absent: Commissioners Manuel Granroos and Cindy Soule
Others Present: Deb Skogen, City Clerk/Staff Liaison
Moranda Zimmer, City Management and Elections Intern
Bob Barnette, Councilmember at Large
APPROVAL OF AGENDA
Commissioner Reynolds MOVED and Commissioner Findell seconded a motion approving the
meeting agenda.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES
Commissioner Reynolds made three corrections to the minutes on page 2:
st
1 Sentence correction correctly that about 40% of the industrial taxes was
are
rd
3 paragproperty
and
th
11
Commissioner Braam MOVED and Commissioner Reynolds seconded a motion approving the
Charter Commission meeting minutes as amended of September 2, 2014.
CHARTER COMMISSION MEETING OF OCTOBER 6, 2014 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE
MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. Status of Appointment/Reappointment
Ms. Skogen said she has not received orders from the judge from those individuals who
were appointed or reappointed to the Commission. She felt for vote purposes, since the
letter had been sent, the individuals should be able to discuss and vote with the rest of the
Commissioners. The Commissioners agreed with Ms. Skogen.
OLD BUSINESS
A. Review of Chapter 7 Date Preliminary Budget Presented to City Council
Ms. Skogen provided a quick review of the work done in September to amend Chapter 7
of the Charter pertaining to when the annual preliminary budget would be presented to the
City Council.
The Commissioners discussed the amended changes and recommended the following
additional changes:
Section 7.04.2. at its last regular
monthly meeting in August in accordance with Minnesota State Law, and shall be
published twice in summary in the official Pp
Section 7.05 The budget shall be a principal item of business at the last regular monthly
meeting of the Council in August a regular meeting in September. and The Council shall
, and an opportunity to ask questions prior
to passage of the final budget
Commissioner Findell MOVED and Commission Reiland seconded a motion
recommending an amendment to the City Charter by ordinance, as amended, to the City
Council for a public hearing and adoption.
THE VOTE WAS UNANIMOUS AND CHAIRPERSON NELSON DECLARED THE
MOTION CARRIED.
NEW BUSINESS
A. Review of Chapter 1
CHARTER COMMISSION MEETING OF OCTOBER 6, 2014 PAGE 3
The Commissioners briefly discussed Chapter 1 wondering if they needed to keep all of
the language or make it shorter. They directed staff to create bullet points and double
space the Chapter for the next meeting. No changes were made at this time.
B. Review of Chapter 6
The Commissioners began discussing Chapter 6 reviewing the punctuation and the
language. The following amendments were recommended:
Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER.
Subject to the provisions of this Charter and any regulations consistent therewith which may
be adopted by the council, tThe City Manager shall control and direct the administration of
the City's affairs subject to the provisions of this Charter and other regulations.. The City
Manager's powers and duties shall be:
(a) To enforce this ensure the City Charter, and the laws, ordinances and resolutions of
the City are enforced;
(b) To appoint with the consent and approval of the Council all subordinate officers and
employees with the consent and approval of the Council;
(c) To remove any subordinate officer or employee, provided that the Council is
notified;
(d) To exercise control over all departments and divisions of the City administration
created by this Charter or which may hereafter be created by the Council;
(e) To attend all meetings of the Council, with the right to take part in the discussions
but having has no vote;. but tThe Council may at its discretion exclude the City
Manager from meetings at which the City Manager's removal is considered;
(f) To recommend to the Council, for adoption, such measures as may be deemed
necessary for the welfare of the people and the efficient administration of the City's
affairs;
(g) To keep the Council fully advised as to the financial condition and needs of the City,
and to prepare and to submit to the Council the annual budget to the Council;
After reviewing this section, it was determined they would continue the discussion to
Chapter 6 at the next meeting.
Commissioner Kranz MOVED and Commissioner Flickinger seconded a motion tabling
Chapters 6 and 10 to December 1, 2014 and directing staff to prepare the proposed
amendments for the next meeting.
CHARTER COMMISSION MEETING OF OCTOBER 6, 2014 PAGE 4
THE VOTE WAS UNANIMOUS AND CHAIRPERSON NELSON DECLARED THE
MOTION CARRIED.
FUTURE MEETING TOPICS/COMMUNICATIONS
The agenda for the December 1, 2014 meeting shall consist of:
Administrative Matters update on appointments/reappointments
Old Business Review of Chapter 7 Review of Chapters 1 and 6 (Remove from the table)
New Business Review of Chapter 10 (Remove from the table)
ADJOURNMENT:
Commissioner Braam MOVED and Commissioner Flickinger 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 8:22 P.M.
Respectfully submitted,
/s/ Debra A. Skogen /s/ Donald Findell
City Clerk/Staff Liaison Commission Secretary
AgendaItem5A
AgendaItem5B
AGENDA ITEM
CITY COUNCIL MEETING OF
NOVEMBER 24, 2014
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: November 12, 2014
Re: First Reading of an Ordinance Amending the Fridley City Charter, Chapter 7.
Taxation and Finances, Section 7.04 Preparation of Annual Budget and Section 7.05
Passage of Budget
Introduction
The Minnesota Legislature amended state law during the 2014 legislative session. The change
extends the deadline for proposed levies for counties and cities from September 15 to September 30.
This amendment was part of the 2014 Omnibus Tax Bill, Minnesota Laws Chapter 308.
The change was made to allow cities to receive fiscal disparities information prior to certifying their
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preliminary levy. The state does not release fiscal disparities information until after September 15,
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the same time the levies were due. By extending this deadline to September 30, the fiscal
disparities information can be provided in a timelier manner to allow the counties and cities to
submit a more accurate levy. This later date is also consistent with the schools deadline.
Background and Analysis
This legislative change was discussed by the City Council during their preliminary budget meeting
this year. Fridley City Charter Sections 7.04-7.05 requires the proposed budget and property tax
levy must be submitted to the City Council the last council meeting in August. This does not allow
the city to have all of the information needed to prepare the most effective budget. A later date in
September would allow the city to have all necessary information, and provide for more flexibility
when preparing the preliminary budget and levy. On August 25, 2014, the City Council
recommended the Charter Commission review Sections 7.04 and 7.05 in light of the legislative
changes made.
The Charter Commission reviewed the requested language of the City Charter on September 2 and
October 6, 2014 and agreed the language should be amended due to the legislative change. The
Charter Commission recommended an amendment by ordinance to allow the budget to be submitted
to the City council in accordance with Minnesota State Law at a regular meeting in September.
The Charter may be amended by an ordinance recommended by the Charter Commission. Within
one month of receiving a recommendation, the city must publish notice of a public hearing
containing the text of the proposed amendment at least two weeks but not more than one month
after the notice is published. The public hearing shall be held and the ordinance must be adopted
unanimously by the City Council and published in the official newspaper. The ordinance would
become effective 90 days after publication.
Based on this information, a resolution was adopted on October 13, 2014, receiving the
recommendation, scheduling the public hearing for Monday, November 10, 2014 and directing staff
to publish the Notice of Public Hearing in the official newspaper. The public hearing notice was
published in the Fridley Sun Focus on October 24, 2014, providing for the two week notice required
by state law, and the public hearing was held on November 10, 2014.
Recommendation:
Staff recommends a motion to hold the first reading of an Ordinance Amending the Fridley City
Charter, Chapter 7. Taxation and Finances, Section 7.04 Preparation of Annual Budget and Section
7.05 Passage of Budget, as shown in Attachment 1.
Attachment 1
ORDINANCE NO. ____
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7 TAXATION
AND FINANCES, SECTIONS 7.04 PREPARATION OF ANNUAL BUDGET; SECTION
7.05 PASSAGE OF BUDGET
The Fridley City Council hereby finds after review, examination and recommendation of the
Fridley City Charter Commission, that the Fridley City Charter Chapter 7 Taxation and Finance
be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCE
SECTION 7.04. PREPARATION OF ANNUAL BUDGET
1. The City Manager shall prepare the estimates for the annual budget which shall include any
estimated deficit for the current year. The estimates of expenditures shall be submitted by each
department to the City Manager. Each estimate shall be divided into three (3) major subdivisions
as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall
show a list of all salaried officers and positions with salary allowance and number of persons
holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary
expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay
shall be itemized as to items and amounts. (Ref. Ord. 625)
2. In parallel columns shall be added the amounts expended under similar headings for the two
(2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for
expenditure during the current year. In addition to estimates of expenditures, the City Manager
shall prepare a detailed statement of revenues collected for the two (2) preceding completed
fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of
revenues for the ensuing fiscal year. The estimates shall be submitted to the Council at its last
regular monthly meeting in August in accordance with Minnesota State Law, 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 a regular meeting in September., and t 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 prior to passage of the final budget. 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
Ordinance No. ____ Page 2
purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not
exceed the total estimated revenue. The Council shall adopt the budget by resolution in
accordance with State Law. The resolution shall set forth the total of the budget and the totals of
the major divisions of the budget, according to the plan indicated in Section 7.04. The budget
resolution as adopted shall be published in the official publication. (Ref. Ord. 625, Ord. 946)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
____ DAY OF ______ 2014.
_________________________________
Scott J. Lund, Mayor
ATTEST:
_________________________________
Debra A. Skogen, City Clerk
Public Hearing Notice: October 24, 2014
Public Hearing: November 10, 2014
First Reading: November 24, 2014
Second Reading:
Publication:
AgendaItem5C
2015 City of Fridley Calendar
JANUARYFEBRUARY
JanuaryFebruary
New Year's Day
19City Council Meeting
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JULYAUGUST
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310City Council Meeting
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SEPTEMBEROCTOBER
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NOVEMBERDECEMBER
NovemberDecember
9City Council Meeting14Conference Meeting
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Veterans' Day
11City Council Meeting
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City Holiday
23Conference Meeting24
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Christma
City Council Meeting25s
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Thanksgiving
2628City Council Meeting
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City Holiday
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Conference Mtg. - 5 p.m. Council Mtg. - 7 p.m.
X - Holiday O - City Council Meeting -Conference Meeting
AgendaItem6A
FRIDLEY CITY CHARTER
CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT
Section 1.01. NAME AND BOUNDARIES.
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.
The City of Fridley shall have perpetual succession;
May sue and be sued;
May use and alter its seal at pleasure;
Shall be capable of contracting and being contracted with;
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;
May acquire, construct, own, lease and operate public utilities, and render public service of
every kind;
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;
May assess, levy and collect taxes, for general or special purposes, on all subjects or objects
which the city may lawfully tax;
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;
May appropriate the money of the City for all lawful purposes;
May provide for, construct, regulate, and maintain public works and local improvements;
10/05/89
Fridley City Charter Chapter 1 Section 1.04.4
May levy and collect assessments against real property within the City for local
improvements and services including garbage and refuse collection and disposal;
May license and regulate persons, corporations and associations engaged in any occupation,
trade or business;
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;
May regulate the construction, height and materials used in all buildings, and the
maintenance and occupancy thereof; may regulate and control the use for whatever purposes
of the streets and other public places; may make and enforce local police, sanitary, and other
regulations;
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;
Shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore
possessed by the Village of Fridley;
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;
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. 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.
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.
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
AgendaItemNo6B
DRAFT
FRIDLEY CITY CHARTER
CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
Section 6.01. THE CITY MANAGER.
The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the
Council solely on the basis of training, experience and administrative qualifications. The choice
shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United
States. The City Manager shall be appointed for an indefinite period and shall be removable by the
council at any regularly scheduled meeting provided at least three (3) members of the Council vote
for the removal. (Ref. Ord. 790, Ord. 857)
Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER.
Subject to the provisions of this Charter and any regulations consistent therewith which may be
adopted by the council,tThe City Manager shall control and direct the administration of the City's
affairs subject to the provisions of this Charter and other regulations. The City Manager's powers
and duties shall be:
(a) To enforce this ensure the City Charter, and the laws, ordinances and resolutions of the City
are enforced;
(b) To appoint with the consent and approval of the Council all subordinate officers and
employees with the consent and approval of the Council;
(c) To remove any subordinate officer or employee, provided that the Council is notified;
(d) To exercise control over all departments and divisions of the City administration created by
this Charter or which may hereafter be created by the Council;
(e) To attend all meetings of the Council, with the right to take part in the discussions but
DRAFT
having has no vote;. but tThe Council may at its discretion exclude the City Manager from
meetings at which the City Manager's removal is considered;
(f) To recommend to the Council, for adoption, such measures as may be deemed necessary for
the welfare of the people and the efficient administration of the City's affairs;
(g) To keep the Council fully advised as to the financial condition and needs of the City, and to
prepare and to submit to the Council the annual budget to the Council;
(h) To perform such other duties as may be prescribed by this Charter or required by ordinances
or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857)
Section 6.03. DEPARTMENTS OF ADMINISTRATION.
The Council may create such offices, departments, divisions and bureaus for the administration of
the City's affairs as may seem necessary, and from time to time alter the powers and organization of
the same. It may enact in the form of an ordinance such administrative code for the City as may
seem necessary and may amend the same from time to time.
Section. 6.04. SUBORDINATE OFFICERS.
There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the
City Manager as the Council may provide for by ordinance(s). The City Clerk shall be subject to
the direction of the City Manager and shall have such duties in connection with keeping of the
public records, the custody and disbursement of the public funds, and general administration of the
City's affairs as shall be ordained by the Council. The City Clerk may be designated to act as
Secretary of the Council. The Council may combine the duties of various offices as it may see fit.
(Ref. Ord. 625, Ord. 790, Ord. 857)
DRAFT
Section 6.05. PURCHASES AND CONTRACTS.
The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the
city shall be made, and all contracts let by the City Manager, provided that the approval of the
Council must be given in advance whenever the amount of such purchase or contract exceeds the
amount stated in the State Statutes. All contracts, bonds, and instruments of every kind to which the
City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City
Manager, and shall be executed in the name of the City. (Ref. Ord. 625)
Section. 6.06. CONTRACTS, HOW LET.
In all cases of contracts for the purchase, rental, or lease of merchandise, materials or equipment or
for any kind of construction work undertaken by the City, which require an expenditure of more
than that which is set by the State Statutes, the City Manager shall advertise for bids by at least ten
(10) days published notice in the official newspaper or other means authorized by state statute. In
accordance with Section 3.06 of the city charter the city council has the authority to forgo this
requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible
bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council.
The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent
the council from contracting for the doing of work with patented processes, or from the purchasing
of patented appliances. (Ref Ord 1252)
Section. 6.07. FURTHER PURCHASE REGULATIONS.
Further regulations for the making of bids and the letting of contracts may be made by ordinance,
subject to the provisions of this Charter.
AgendaItemNo7
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.
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.
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
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)