RES 2004-42 - 00013233RESOLUTION NO. 2004 -42
A RESOLUTION DECLARING AN ELECTION TO APPROVE OR DISAPPROVE
ORDINANCE NO. 1196, AN ORDINANCE AMENDING SECTION 7.02 POWER AND
TAXATION OF THE FRIDLEY CITY CHARTER
WHEREAS, the City of Fridley has received Referendum Petition No. 2004 -1, a referendum petition
proposing the repeal of Ordinance No. 1196: An Ordinance Amending Section 7.02 Power and
Taxation, of the Fridley City Charter; and
WHEREAS, under applicable law and by virtue of receiving Referendum Petition No. 2004 -1,
Ordinance No. 1196 is suspended until such time as the City Council establishes an election to occur
to determine whether to sustain or repeal the ordinance; and
WHEREAS, the City Council desires to place the question on the ballot for the next general election
to be held on November 2, 2004; and
WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for the
use in said election in which the question shall be stated in substantially the following form:
On June 28, 2004, the City Council approved an Ordinance, reviewed and approved by
the City's Charter Commission, that would amend the Fridley City Charter to permit
the City to pass through the full amount of any sewer, recycling and other utility
charge increases at their actual cost to the City if those exceeded the lesser of 5 % or
the rate of inflation. The Fridley Charter currently would require voter approval of
any such increase before it could become effective Expenses for any such utility cost
increases would otherwise have to be born by other revenues of the City, including
general property taxes. A Petition objecting to the adopted ordinance signed by 460
voters was brought, suspending the Ordinance until the City Council could bring the
matter to the voters for their approval
Shall the following ordinance be approved?
ORDINANCE NO. 1196
AN ORDINANCE AMENDING SECTION 7.02, POWER OF TAXATION
OF THE FRIDLEY CITY CHARTER
The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission
that Section 7.02, Power of Taxation, of the Fridley City Charter be hereby amended and ordain as follows:
Fridley City Charter
Chapter 7. Taxation and Finances
Section 7.02 POWER OF TAXATION
Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter
approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes, utility charges j2jher
than water, storm water and sanitary sewer), ,,,.eyeling fees; gas and electric franchise fees
and any other fee that produces a tax burden or direct financial obligation for all property owners
and/or residents of Fridley. (Ref Ord 1152)
Resolution No. 2004 -42
B. For the purposes of this subsection, the term "fees" does not include: Water, storm
water and sanitary sewer charges; recycling fees; Parks and Recreation Department
participation fees, charges for photo- copying, sales of municipal liquor store products, or
civil and criminal fines and other charges collected in cases of restitution or violation of
law or contract. The term "fees" also does not include rental housing fees, building
permit fees, liquor license fees, the extension or transfer of cable television service
authority to additional service providers for which fees are already being charged, fees
for the operation of junk yards, annual license fees for the operation of pawn shops and
other regulated business, and any other charge for services, including health and safety
related Code enforcement, and other goods, services or materials routinely provided by
the City to its citizens or other members of the public which, by law, must be limited to
the actual cost of the service being provided. The term "fees" shall not include any
special assessments made under Minnesota Statutes Section 429.
`' YES NO
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election to be
given to the Anoka County Auditor within 53 days of said election and that notice of said election be
published in the official newspaper of the City for at least three weeks prior to said election.
BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for the state
general election, as set forth in Exhibit "A," and that said election shall be held and conducted in
accordance with the Minnesota State Statutes applicable to municipal elections and the provisions of the
Home Rule Charter.
BE IT FURTHER RESOLVED that the City Council shall meet within seven days from said election
as required by law for the purpose of canvassing said election and declaring the results thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23�
DAY OF AUGUST 2004.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City t7erk
Resolution No. 2004 -42
CITY OF FRIDLEY POLLING LOCATIONS
WARD 1 PRECINCT 1 Grace Evangelical Free Church
755 73rd Avenue Northeast
WARD 1 PRECINCT 2 Hayes Elementary School
615 Mississippi Street Northeast
WARD 1 PRECINCT 3 Fridley Municipal Center
6431 University Avenue Northeast
WARD 1 PRECINCT 4 Fridley Community Center
6085 7 "' Street NE
WARD 2 PRECINCT 1 Woodcrest Elementary School
880 Osborne Road Northeast
WARD 2 PRECINCT 2 Knights of Columbus
6831 Highway 465 Northeast
WARD 2 PRECINCT 3 St. Philip's Lutheran Church
6180 Highway 465 Northeast
WARD 2 PRECINCT 4 North Park School, Gym A
5575 Fillmore Street Northeast
WARD 2 PRECINCT 5 North Park School, Gym B
5575 Fillmore Street NE
WARD 3 PRECINCT 1 Springbrook Nature Center
100 85th Avenue Northeast
WARD 3 PRECINCT 2 Redeemer Lutheran Church
61 Mississippi Way Northeast
WARD 3 PRECINCT 3 Stevenson Elementary School
6080 East River Road
WARD 3 PRECINCT 4 Fridley Covenant Church
6390 University Avenue Northeast
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Exhibit A