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CHA 09/04/2018 TO: Charter Commission Members FROM: Annie Leibel, City Management & Elections Asst. Deb Skogen, City Clerk and Staff Liaison Date: August 22, 2018 Re: Charter Commission Meeting of September 4, 2018 This is a reminder that the next Charter Commission meeting will be held on Tuesday, September 4 , at 7:00 p.m. in Conference Room A on the Upper Level. Please bring your Charter books to the meeting, as we will be going through to make sure everyone has the most current version. In order to ensure a quorum, please remember, the Charter Commission policy requires each member to call or e-mail staff before 10:00 a.m. TUESDAY, September 4. Please contact me at 763-572- th 3508 or email me at annie.leibel@fridleymn.gov or Deb at (763) 572-3523 or at deb.skogen@fridleymn.gov about your attendance. If we do not have a quorum by 10:00 a.m., I will send out an e-mail to see if additional members will attend. If by Noon there will not be a quorum, I will send out a follow-up e-mail to all members of cancellation of the meeting and post a cancellation notice on the door for those Commissioners who did not contact me, but came to the meeting. The Commission will be reviewing Charter Chapter 8 as Council tabled the item and sent it back to the Commission to review a conflict that Community Development Staff noticed regarding the Section 205.05.4.E(1). and a portion of Charter Chapter 8 have been changes. City Code provided. Kelli has created a formatting proposal for the Commission to review in relation to Charter documents. Deb will have a legislative update at the meeting. The Commission will also have a discussion in regards to a glossary for the Charter document. If you have any other questions or concerns pertaining to this meeting, please contact me. Thank you, Annie Leibel City Management and Elections Asst. CITY OF FRIDLEY CHARTER COMMISSION AGENDA TUESDAY, SEPTEMBER 4, 2018 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A UPPER LEVEL 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: Motion approving the September 4, 2018 meeting agenda 4. APPROVAL OF MINUTES Motion approving the May 7, 2018 meeting minutes 5. ADMINISTRATIVE MATTERS 6. OLD BUSINESS A. Review of Chapter 8 7. NEW BUSINESS A. Capitalization Standards Charter Formatting Standards B. Legislative Changes C. Glossary D. Review of Charter Books 8. FUTURE MEETING TOPICS/COMMUNICATIONS A. 9. ADJOURNMENT Motion to adjourn the meeting Next Regular Commission Meeting Date: OCTOBER 1, 2018 CITY OF FRIDLEY CHARTER COMMISSION MEETING May 7, 2018 CALL TO ORDER: Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Kelli Brillhart, Zach Crandall, Don Findell, Manuel Granroos, Richard Johnston, Ted Kranz, Rick Nelson, David Ostwald, Barb Reiland, Pam Reynolds, Valerie Rolstad, Cindy Soule, and Avonna Starck Members Absent: Commissioners Gary Braam, and Bruce Nelson Others Present: Deb Skogen, City Clerk/Staff Liaison Annie Leibel, City Management and Elections Assistant APPROVAL OF AGENDA Commissioner Nelson MOVED and Commissioner Brillhart seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Johnston MOVED and Commissioner Rolstad seconded a motion approving the Charter Commission meeting minutes of April 2, 2018. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A.Reappointment of Commissioner Granroos Chairperson Ostwald asked Commissioner Granroos if he would be interested in being reappointed to another term. Commission Granroos said yes. DRAFT CHARTER COMMISSION MEETING OF MAY 7, 2018 PAGE 2 Commissioner Rolstad MOVED and Commissioner Nelsonseconded a motion directing staff to prepare a letter to the Chief Judge recommending the reappointment of Commissioner Granroos. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. B.Discussion to Recommend Bylaws Amendment Commissioner Reynolds asked if a provision for cancellation of the meeting was needed under Meetings, Item B. Ms. Skogen stated as long as the nominations were mailed at least 10 days before the meeting, no provision was needed and the Commission could cancel and reschedule the meeting as needed. he title and should stay as is. Commissioner Reynolds asked if there needed to be a list of adequate excuses under Membership, Item B. Chair Ostwald stated the adequacy of the excuse would be a judgement call. Commissioner Reynolds asked if there should be a list of membership duties to supplement Membership, Item B. Ms. Skogen clarified the duties of the office include attending meetings and voting. Commissioner Reynolds asked for clarification regarding Membership, Ms. Skogen stated this meant the quorum present at the meeting. She explained if 12 people were present, a discharge vote would have to be passed by at least 8 commissioners (or 2/3 of those present). meeti DRAFT CHARTER COMMISSION MEETING OF MAY 7, 2018 PAGE 3 Commissioner Reynolds MOVED and Commissioner Soule seconded a motion approving the by-laws be amended three (3) 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, supported supporting by two-thirds (2/3) of two (2) three (3) consecutive meetings pursuant to Article IV, Section B, of the By- UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. OLD BUSINESS A.Review and Recommendation of Ordinance to Amend Chapter 8 Ms. Skogen explained she prepared a draft ordinance. Once it was approved by the Commission the Ordinance, the Commission would recommend it be sent to the City Council. Ms. Skogen stated the following strikeout language was missing from Section 8.04 and would make the correction: Such Ordinance shall also require petition of a majority in number and interest of the owners of the property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by four/fifths (4/5) affirmative votes Commissioner Nelson thought be capitalized. Ms. Skogen said she would check and make this consistent with the other items in the Charter. Commissioner Nelson stated the meaning of the following sentence was changed with the tThe City Council may organize a public works department and may provide the public works department with sustainable equipment to perform their duties. He suggested the entire sentence be taken out as there is a public works department currently. The Commissioners agreed. Commissioner Rolstad MOVED and Commissioner Johnston seconded a motion approving the draft ordinance to Chapter 8 with the changes recommended by the Commission. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. Commissioner Nelson MOVED and Commissioner Rolstad seconded a motion recommending the draft ordinance be sent to the City Council for review. DRAFT CHARTER COMMISSION MEETING OF MAY 7, 2018 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. FUTURE AGENDA ITEMS/COMMUNICATIONS Commissioner Soule suggested the Commission review any related changes from the State Legislature that may impact the Charter. Commissioner Reynolds suggested the Commission search for a standard for capitalization in the By-laws and Charter. Commissioner Brillhart stated she would look for a standard and work with staff to provide something for the meeting in September. reference. Commissioner Reynolds asked if Chapter 1 of the Charter has been revised since 1989. Ms. Skogen stated the only change was adding spaces between each of the items. The language had not been changed. Commissioner Ostwald suggested the Commission bring their Charter books to the September meeting to make sure all are current. ADJOURNMENT: Commissioner Kranz MOVED and Commissioner Granroos seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:38 P.M. Respectfully submitted, Annie Leibel City Management and Elections Assistant DRAFT TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: July 10, 2018 Re: Charter Amendment to Chapter 8 In May the Charter Commission recommended an amendment by ordinance to the City Council. th The text of the ordinance was published in the Fridley SunFocus on June 8, the public hearing thth was held on June 25 and the first reading was held on July 9. Between the public hearing and the first reading Community Development raised a question about Section 8.01 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 fourteen (14) plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. The comprehensive plan may be altered in accordance with Minnesota state law. It The plans may include provisions for: The concern is that due to the states requirement that zoning be completed within 60 days of receipt of a completed application (M.S. 15.99), the fourteen days required in this section sometimes does not meet this requirement. Community Development has recommended the 14 days be changed to 10 days to make the Charter consistent with City Code Section 205.05.4.E(1). The City Council held the first reading and moved that the ordinance be returned to the Charter Commission for their review and recommendation for their September meeting. If the Charter Commission approves of the recommendation, it will be returned to the City Council for the th second reading on September 10. Fridley City Code Chapter 205 (Zoning) Section 205.05.1.C. E. Water Pollution. The discharge of raw sewage, industrial wastes or other pollutants into the waterways or lakes of the City shall be subject to the regulations of the Minnesota Pollution Control Agency. F. Solid Waste. Sanitary landfills shall be prohibited. 8. PARKING STANDARDS A. Unless specified elsewhere in corresponding zoning district code, parking stalls shall be ten (10) feet wide by twenty (20) feet long. Where a parking stall abuts a curb or sidewalk, the stall length may be reduced to eighteen (18) feet. Parking stalls shall be striped in parking lots with more than four (4) parking stalls. Accessible parking spaces shall be provided in accordance with Minnesota Rules, Chapter 1341. B. Angled Parking. (1)Besides 90 degree parking, 45 or 60 degree angled parking is allowed, with the minimum parking stall width nine (9) feet and twenty (20) feet long. C. Multi-Story Parking Structures. (1)Parking stall size for multi-story parking structures may be a minimum of eight and a half (8.5) feet in width and eighteen (18) feet long provided that parking stalls are for long-term employee parking. (2)Drive aisles shall be a minimum of twenty-four (24) feet for two-way traffic and eighteen (18) feet for one-way traffic if structure is properly signed. 205.05. ADMINISTRATION AND ENFORCEMENT 1. ZONING ADMINISTRATOR The Zoning Administrator as designated by the City Manager shall provide for: A. The maintaining of permanent and current records of this Chapter including all map amendments, conditional uses, variances, appeals and applications hereto. B. The receiving, filing and forwarding of all applications for amendments, variances, special uses or other matters to the appropriate Commissions and City Council. C. The issuance of all permits and certificates required by this Chapter. Fridley City Code Chapter 205 (Zoning) Section 205.05.3. D. The inspection and examination of all buildings and land, and the issuance of written orders required in remedying any conditions which are found to be in violation of this Chapter. E. A liaison to the Planning Commission and its member Commissions. F. The enforcement of the decisions of the City Council pertaining to this Chapter. 2. APPLICATION PROCESS Any applications submitted for land use-related matters, including, but not limited to, variances, special use permits, requests for rezoning, plan and subdivision approval, shall only be submitted in the manner provided in this Code. Any written request or submission for application not submitted in the manner prescribed under this Code shall not be deemed “complete.” At the first meeting of each year, or as soon after as practicable, the City Council shall establish dates for the following year on which completed application will be accepted. No application is complete or may be accepted on any date other than those established by the Council for submission. When a written request or initial application is received by the City, the City shall, within fifteen (15) business days of its receipt, notify the person making the written request or submission if it is not complete. If such notification is sent, it shall contain a list of those items necessary to complete the request or submission. No period for agency action specified in Minnesota Statutes Section 15.99 shall commence until a complete application is submitted to the City, including any items specified in the notice from the City as the basis for a determination of incompleteness. The City expressly reserves the right to extend, with written notice, the period for action under Minnesota Statutes Section 15.99 for a period of up to 60 days beyond the deadline specified therein, if the City or its staff find that additional time is reasonably necessary to process and review the submission. An extension beyond 60 days may be provided with the consent of the person or persons submitting the application or request. 3. ANNEXATION Areas hereinafter annexed to the City of Fridley shall be considered to be in R-1 Districts, and may be changed wholly or partly to any other District or Districts only by an amendment or amendments as provided for herein except where a different zoning classification is established by and under any ordinance for the annexation of the affected lands. Within ninety (90) days after the effective date of any annexation, the City Council shall cause necessary-studies to be made for the determination of the need if any, for any change in the zoning classification. Fridley City Code Chapter 205 (Zoning) Section 205.05.4.E.(2) 4. AMENDMENT TO THE ZONING ORDINANCE The Council, by a four-fifths (4/5ths) vote, may adopt amendments to this Chapter as required. The procedure shall be as follows: A. Initiation For Amendment. (1) Any person owning real estate may petition the City Council to Amend the district boundaries so as to affect the real estate. (2) The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Chapter. B. Application For Amendment. All petitions for amendments shall be filed with the City on forms provided by the City together with such filing fee as may be established by the City Council. C. Referral To The Planning Commission. All petitions for amendments shall be referred to the Planning Commission which shall hold an official public hearing within forty (40) days of the date of filing such petition. D. Hearing. A notice of hearing shall be published in the official newspaper at least ten (10) days, but ast ten (10) days, but not more than thirty (30) days, prior to the date of the hearing. The notice shall contain the dates of the public hearing before the Planning Commission and the City Council. E. Action By The Planning Commission. (1) If the request is for district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearing before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (2) The Planning Commission shall make its recommendation to the City Council on the night of the public hearing. In the event that no action can be taken by the Planning commission because of the absence of available information or, in its judgment, an inadequate period of time has elapsed to fully examine or study the application or other submission, the period of time for the action by the City shall be, for purposes of Minnesota Statutes Section 15.99, be immediately extended for an additional sixty (60) days, or such lesser time as the City may, in its discretion, deem reasonable under the circumstances, and the person or persons making the application or other submission shall be immediately notified of the extension in writing. Fridley City Code Chapter 205 (Zoning) Section 205.05.5.C. F. Action By The City Council. (1) All petitions for amendments shall be forwarded to the City Council from the Planning Commission. The City Council shall hold an official public hearing at the next available meeting following the Planning commission public hearing, with adequate time given to prepare the minutes of the hearing, and follow the process for approval of an ordinance as required under the Fridley City Charter. In no case shall this exceed sixty (60) days either from the date of the receipt of the completed application or submission, unless extended by the City Council to a date agreeable to the petitioner. (2) If the request is for a district change, notices shall be mailed not less than ten (10) days nor morethanthirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearings before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1082) 5. SPECIAL USE PERMIT A. Purpose. The purpose of this Section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462.3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40) days of the date of filing such petition. (Ord. 1082) FRIDLEY CITY CHARTER CHAPTER 0 FORMATTING EXAMPLES SECTION 0.01 FONT 1. for all text in Charter documents. a. Header and footer text will be Time New Roman with font point 9. 2. Font will be in black color unless otherwise required for emphasis. Emphasized font will be in the color red when needed. SECTION 0.02 HEADING FORMAT Headings of all documents and sections within those documents shall be in the approved font face and point but in all caps and bolded. SECTION 0.03 DOCUMENT SPACING 1. All documents shall be indented with 1 inch margins on all sides. 2. Paragraph settings should be single spaced with 8 point spacing after the return and 0 point spacing before. Spacing should apply even between paragraphs of the same style. 3. Headings of a section shall not be orphaned on a page without the rest of the section even if this means leaving a portion of a page blank. SECTION 0.04 NUMBERING 1. Section shall be numbered by having the chapter number, a decimal, two digits for the section number. See the examples in this document. 2. Subsections shall be further numbered if needed with numbers. a. Then lowercase letters. i. Then roman numerals. SECTION 0.05 LISTS 1. If a list is needed in a section it should be numbered or bulleted as follows: Bulleted Lists Numbered Lists 1. One One 2. Two Two 2.1. Three Three o 2.2. Four Four o 2.2.1. Five Five 2. Punctuation of bulleted or numbered lists shall only be required if that list is part of a sentence or if the list is made up of complete sentences. 12 Page of Drafted 21-Aug-18 DRAFT Fridley City Charter Section 0 SECTION 0.06 INDENTATION OF SECTIONS If there will not be multiple numbered subsections then the section paragraphs shall start in align with the edge of the page aligned with the section headers. No indentation of the first line of a paragraph is needed. SECTION 0.07 HEADERS AND FOOTERS 1. Headers shall be used on pages 2 or more of each chapter. The header will contain the words margin. The number of the chapter will reflect the current chapter the page is part of. 2. 30-Aug- all pages. 3. -Aug- SECTION 0.08 TABLE OF CONTENTS The Table of Contents will use header formatting for all section titles and standard formatting for all subsections. The names of all subsections should have all words capitalized. The section title should be aligned to the left margin and the subsection titles should be indented a half inch. SECTION 0.09 STYLE GUIDE REFERENCE Any punctuation, formatting, capitalization or other style questions not outlined specifically in this document shall be guided by the University of Oxford Style Guide, whichever year happens to be currently published at the time of the issue requiring formatting. 22 Page of Drafted 21-Aug-18 DRAFT Charter Update List ChapterMost Recent Date of Change 110/05/1989 203/13/2017 304/28/2014 404/22/2013 504/22/2013 602/22/2016 701/22/2018 812/02/2013 910/05/1989 1010/05/1989 1112/02/2013 1212/02/2013