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CHA 01/26/2004 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: January 21, 2004 C ITY OF Re: Charter Meeting FRIDLEY The next Charter Commission meeting will be held on Monday, January 26th at 7:00 p.m. in Meeting Room 1 in the lower level of City Hall. Please find attached your meeting agenda materials for Monday's meeting. Chairperson Findell has included a memo pertaining to the proposed amendment to Chapter 7 and open forum updating the Commission on what has transpired since your last meeting. To accommodate a quorum at this meeting, please contact me by NOON, Monday, January 26th at (763) 572-3523 if you cannot attend the meeting. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, JANUARY 26, 2004 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: 1. APPROVAL OF MINUTES November 24, 2003 2. Administrative Matters a. New Members—Application of Kathleen Linder b. Introductions of Commissioners Daniel Garcia and Peter Borman c. Request to Change February Meeting Date 3. Amendment to Chapter 7 - Public Forum February 10,2004 4. Consideration of items for future discussion Discussion of Mission Statement Discussion of Reverse Referendum and Update on Elections Legislation Discussion of Glossary/Index 5. Adjournment Next regular meeting: Monday, February 23, 2004, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING November 24,2003 CALL TO ORDER: Chairperson Findell called the Charter Commission meeting to order at 7:05 p.m. ROLL CALL: Members Present: Don Findell, Char Fitzpatrick,Anita Gerrity,Craig Gordon, Harry Heck, Bill Holm, Nancy Jorgenson,Cindy Soule, Francis Van Dan, Members Absent: Janet Johnson,Deborah Monden Others Present: Deb Skogen,City Clerk/Staff Liaison Rick Pribyl, Finance Director 1. APPROVAL OF AGENDA Commissioner Holm requested that his draft motion amending the charter be placed under item 3 for discussion MOTION by Commissioner Gordon seconded by Commissioner Jorgenson to approve the agenda as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION n CARRIED UNANIMOUSLY. APPROVAL OF THE APRIL 29,2003 AND JULY 24,2003,CHARTER COMMISSION MINUTES: Chairperson Findell requested that the July 24th minutes be amended to reflect the change from"pest"to"to be pass through"on page 2 of the minutes. MOTION by Commissioner Gordon and seconded by Commissioner Jorgenson to approve the April 29 and July 24, 2003,Charter Commission Minutes as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. ADMINISTRATIVE MATTERS A. Commissioner Gordon moved and Commissioner Jorgenson seconded a motion receiving applications for the Charter Commission from Daniel Garcia and Peter Borman and recommending their appointment to the Chief Judge of the District Court. Commissioner Gordon recommended sending a letter to Garcia and Borman notifying them that their applications have been forwarded to the Chief Judge and invited them to attend the few next Charter Commission meetings until their appointment is ordered by the court. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Commissioner Gordon moved and Commissioner Jorgenson seconded a motion receiving and accepting the resignations of Commissioners Suzanne and Dale Warren. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 24, 2003 PAGE 2 UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. A letter and certificates will be mailed to the Warrens thanking and recognizing them for their service on the Charter Commission. C. Commissioner Holm signed the Acceptance of Appointment to the Charter Commission to forward to the Chief Judge. D. The meeting dates for the year 2004 were selected: Jan 26, Feb 23, Mar 22, Apr 26,May 24, Sep 27,Oct 25,and Nov 22. 3. DISCUSSION OF HOLM DRAFT AMENDMENT Commissioner Van Dan MOVED and Commissioner Soule seconded a motion receiving Commissioner Holm's draft charter amended dated September 22,2003. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Holm said after reading the minutes of the July 24,2003, special meeting,he had an interest in how the charter could be amended to allow enough revenue to support the utility fees. According to the minutes of the July 24 meeting,Mr. Werner said the petition committee had not intended to include pass-through type services,that they only wanted to put a little restraint on the city council. Given this fact, Commissioner Holm felt it was important that the Charter provide the City Council with some flexibility to cover water and sewer increases to help get the reserve funds back to a reasonable level, if the reserve funds were being spent down. Commissioner Holm also noted that after the electorate supported the petition,there were some nuisance factors that needed to be addressed. Most of these nuisances and undesirable consequences that were not intended by the petitioners were resolved by a work group that was put together by then-Mayor Nancy Jorgenson. Commissioner Holm recalled that there was a discussion about utility fees in the work group discussions,with most work group members wanting to exclude water and sewer fees because they were truly pass-through fees. However,because a minority of one of the petition group members wanted to include utilities,a change to exclude water and sewer fees was not made. Commissioner Holm said that,based on the city's current financial condition,the charter should be amended. However, before the Charter Commission takes action, he believed it would be helpful for the Commission to hold an open forum for Fridley residents so as to present the proposed changes and ask citizens for their input. He suggested a good time to hold the forum would be early February with a result by the March meeting. Commissioner Jorgenson said this proposed Charter amendment was looking at undoing what the voters did. She said this should be up to the City Council to take it to the voters and she felt uncomfortable trying to circumvent what the voters did in approving the Charter Amendment in the November,2000 election. Commissioner Gordon wondered if up to 9% increase was giving too much leeway back to the council if, for example,all that was needed was a 1%increase. Commissioner Holm replied he believed the Council can only raise rates as much as they needed in order to fully recover its costs. Mr. Pribyl,Finance Director, said that the city needed to remove Radium as a result of a federal mandate and replace the Marion Hill stand pipe which will cost the city$1,100,000. In addition,he said the city had consistently higher water treatment requirements in comparison to other cities. Commissioner Gordon wondered who would set the dollar amount in the amendment and if it would remain a fixed number. Commissioner Holm said the draft amendment could be changed to a percentage if that seemed to be more appropriate wording for the Charter. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 24, 2003 PAGE 3 Commissioner Jorgenson felt there would be significant reserve funds to do bonding if needed,even if the city did the two projects. She thought there was$2,493,586 in cash and cash equivalents in the fund and that$700,000 was needed for improvements and felt there were sufficient revenues. Commissioner Jorgenson said the sewer fund did not refund money when the MCES made a mistake 3 or 4 years ago and her reading of the budget appeared to show the reserves would begin to build up again next year. Commissioner Gordon wondered if a percentage was not necessarily a reasonable value. Commissioner Heck said he remembered the city manager saying revenue was dependent upon whether it was a drought year or a wet year. Commissioner Holm said that utility fees are a significant dollar amount in the city. Mr. Pribyl stated water sales were$1.5 million, Storm water was$342,000, sanitary sewer was$3 million and that MCES fees were$2 million. Commissioner Holm said that if the water and sewer costs continued to rise at a rate greater than inflation and the city was not able to increase fees,the largest utility users would receive the greatest benefit. While all users of these services would be indirectly subsidized by the City,the largest users—typically the biggest commercial and industrial users,would receive the largest benefit. The City currently has some reserves in the water and sewer accounts and such a subsidy may not be a problem in the short term. However, if the subsidy continues for any length of time,he believed it could eventually affect the ability of the City to provide quality essential services such as those provided by the police and fire departments. Commissioner Jorgenson said that water and sewer funds were separate and that the general fund did not subsidize these funds. Commissioner Jorgenson said the city council should have to go to the voters to request utility fees be increased. If the voters didn't like what the city council did,then the voters could elect new members. The city should communicate to its citizens that it cannot pay for the services. This year the city council had an opportunity to ask the voters for an increase in water rates through an election in November and they chose not to. Commissioner Fitzpatrick asked what would happen if they did go to the voters and the voters turned it down. Commissioner Jorgenson said then the city council and the city charter would have to work together to change it. Commissioner Holm suggested the Charter Commission should put a proposed amendment concerning these fees before the city council. Some of the council members are facing re-election this coming November. If the council approves a charter change and the voters don't think they should have,the voters would have the opportunity to vote these members out of office. Commissioner Holm believed the issue of water and sewer fees was too detailed to be placed on the ballot as an issue for the general electorate. Chairperson Findell felt the general public did not want to be micro-managing the city. After reading all of the minutes of the work group,he felt leaving the utility fees in was an unintended consequence of the amendment and that it tied the hands of the city council too much. Commissioner Jorgenson said that although the group worked together to amend the language,there was a great deal of mistrust by the petition committee who felt the city council would move forward with franchise fees again. Chairperson Findell said that the utility fees were charges for these specific services,not to raise money for some other service and he wondered if they understood that. Commissioner Holm said that Mr. Eisenzimmer from the petition group was the only person who objected to removing utility fees at the meetings held in 2001 to resolve nuisance issues and unintended consequences. Had he not been at the meeting,the issue of water and sewer fees would have been resolved. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 24, 2003 PAGE 4 ■-••\ Chairperson Findell felt that the Commission needed to give the city more latitude to manage its funds. He did not think the wording should refer to a specific dollar amount or percentage, but that there should be wording about managing costs. Commissioner Holm said that had some merit, but wondered, if by doing so,whether the city would let the reserve funds grow beyond what is necessary. Mr. Pribyl said one of the problems of talking about reserve funds was people tended to lump all the sums together and assume we have that much cash on hand. He said the city has a number of different funds, i.e.,general fund, enterprise funds, debt service funds, all having different functions. The enterprise funds account for a lot of the infrastructure of the city. He said trying to associate cash and cash equivalents equal to an amount of accumulated depreciation the city would need to have to replace everything would be$40 to$50 million. Mr. Pribyl said those historical costs are nowhere near the replacement costs or the amount of cash on December 31,2002. He further said,for instance,the water fund shows$2,278,000 with accumulated depreciation of$8,400,000. He said the bond issue they were working on had enough to fund the two projects discussed, but nowhere near what is needed. $2,200,000 funds are phenomenal, but we have a huge infrastructure. Repairs for emergency repairs are not included in the budget. Commissioner Holm agreed the infrastructure needed to be replaced, but did not think it needed to be replaced all at once. Mr. Pribyl agreed,but said the infrastructure did need to be replaced over time. He said it was good business sense to put some amount of cash in accumulated depreciation. Commissioner Holm felt this was the type of input and discussion the Charter Commission should have before making a decision. Chairperson Findell was concerned about adopting a specific dollar amount and Commissioner Gordon wondered about a percentage. Commissioner Gordon wondered what would be appropriate and asked Mr. Pribyl if he could provide some type of graph for each scenario(dollar amount or percentage)with the anticipated figures of the future. Commissioner Jorgenson reviewed information on the outstanding bonds of 91,92, 94,96 and 98 for water saying the amount for 2001 was$1,918,478 and that there was$9,000,000 in administrative costs. She said her personal preference would be to see the wording"utility charges"remain in Section 7.02.3.A. and amend Section 702.3.B. by naming the three city utility fees: water, sanitary sewer and storm water. Commissioner Holm said that would allow city management to manage the reserve funds or enterprise funds as they deemed appropriate. Commissioner Jorgenson said her experience was that the city never aggressively priced its utility fees,that they can only charge to recover for its costs and projects. She said the restrictions against gas and electric franchise fees should remain. In order for the city to have franchise fees,the city council would still have to adopt a new ordinance setting the fees. Commissioner Jorgenson said it would be difficult for the Charter Commission to determine the amount of money they would need to set in reserve fund. She knew there were major changes that would be coming to the Commons wells and also agreed the City's charter should not micro-manage. Chairperson Findell reviewed the second to last sentence in Section 702.3.B. stating that this section only allowed the city to charge based on the actual cost of the service being provided and felt that this protected the citizens. Commissioner Soule said this section would also allow the city to charge for the replacement of the infrastructure as part of the service. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 24, 2003 PAGE 5 /"'N Commissioner Holm said he had no objection to simplifying the draft amendment and that it was good to have input from the former mayor with her experience. He would still prefer to proceed with some type of public forum to get input from the public. Commissioner Fitzpatrick recommended contacting the Chair of the League of Women Voters to help in the process as they would be an impartial body and to also notify the Chamber of Commerce. Commissioner Jorgenson said there was information and documentation that could be made available regarding current and past rates. Commissioner Holm said the Charter Commission had more information than the general public and that they could submit it to the public to see what the response would be and whether or not to move forward. Commissioner Holm MOVED and Commissioner Jorgenson seconded a motion removing the words"utility charges and recycling fees" in Section 702.3.A. and adding the words"water, sanitary sewer, storm water and recycling"to Section 702.3.B. Commissioner Heck wondered why recycling fees would be included. Commissioner Jorgenson said that recycling was based on the market and that an RFP is provided every other year to negotiate a recycling contract. She said the city did not control the cost and that they too are pass-through charges. Commissioner Fitzpatrick felt the electorate was not opposed to paying for the costs of the utility services,they were opposed to the franchise fees which they felt were hidden taxes. Commissioner Gordon wondered what the cost incurred and expended was for recycling fees. Mr. Pribyl said the city subsidized the recycling program from the general fund by about$70,000 to$80,000. He said recycling did not have the same magnitude of costs as water and sewer had. Commissioner Heck said he felt uncomfortable saying other people were not suitable to make a decision because he was just a citizen. Commissioner Jorgenson said that the majority of the electorate was not as educated about the city as commissioners were. Chairperson Findell said that until he became part of the Charter Commission he had no knowledge of how the city worked nor was he even interested. He did not believe that the general public wanted to make those decisions other than the people who chose to educate themselves. Commissioner Gordon felt if they were given the information,they could make the decision. Commissioner Jorgenson said the city could hopefully help educate people about the forum through the use of the city newsletter, utility billing,web and cable. She said the city could not take a stance, but could educate the voters. Commissioner Gordon wondered if he could have a raise of hands to get some kind of consensus about recycling. Commissioner Holm withdrew his motion. Commissioner Holm MOVED and Commissioner Gordon seconded a motion to proceed on this issue to hold a public forum on the merits of a proposal to remove utility charges and recycling fees from Section 7.02.3.a.,and replace them with water, sanitary sewer, storm water and recycling for future consideration of a possible charter amendment by this Charter Commission. Commissioner Van Dan said that if recycling was based on a volume dependent charge, it would be a fee and not a charge. A fee is a flat, set amount. DRAFT CHARTER COMMISSION MEETING OF NOVEMBER 24, 2003 PAGE 6 Commissioner Jorgenson recommended leaving in the words utility charges to reflect the franchise fees. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON FINDELL DECLARED THE VOTE UNANIMOUS AND THE MOTION CARRIED. Commissioner Gordon moved to adjourn the meeting. The motion failed due to the lack of a second. Commissioner Van Dan MOVED and Commissioner Jorgenson seconded a motion assigning the authority to Chairperson Findell to work with commission members at his disposal to set up a forum for February. Commissioner Fitzpatrick again suggested working with the League of Women Voters. UPON A VOICE VOTE BEING TAKEN,CHAIRPERSON FINDELL DECLARED THE VOTE UNANIMOUS AND THE MOTION CARRIED. It was suggested that an article be placed in the city newsletter if there was time. Commissioner Jorgenson MOVED and Commissioner Heck seconded a motion to receive the summary prepared by Commissioner Jorgenson pertaining to utility rates. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON FINDELL DECLARED THE VOTE UNANIMOUS AND THE MOTION CARRIED. ADJOURNMENT: MOTION by Commissioner Gordon seconded by Commissioner Holm to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:35 P.M. Respectfully submitted, Debra A. Skogen, Deborah Monden, Secretary City Clerk/Staff Liaison DRAFT — ey Minnesota City Council � j.(. ///5/p 7 Page 1 of 2 l� i ; OL1 City Council Section Commissions _ Federal.State.and County Government Officials chedu Meeting Schedule 4ro General Informatim nv City Council. Commissions Application �.._.._ You may complete the following information on-line, print the completed application, sign it, and mail it to: Roberta Collins City of Fridley 6431 University Avenue NE Fridley, MN 55432 Name (Kathleen Linder Address 1728 58th Ave NE Ldp ► City, State,Zip 'Fridley, MN 55432 l Home Phone 1763-572-9348 Number of years (months)resident of Fridley 20 years Employer (Independent School District 16 - Spring Lake Park Work Phone 763-795-5904 Work Address 18000 Hwy 65 NE Work City, State, 'Spring Lake Park, MN 55432 Zip Does your work require you to travel? r Yes t: No If so, how often? Do you have any special interests or training that you think a particular commission could use? • • Yi3/03 littn•Hurti it r61 r11 t,rr.rs ..a/nes11....:1/...............« L.♦......1 n i n i��i.i. si),ey Minnesota City Council Page 2 of 2 I have a great interest to get involved in helping the city of Fridley be the best city ever! I believe we need to get our city to do their part in helping our environment. I want to get involved in the cities effort to help be an environmental leader. • Please indicate which commission(s)you would like to become a member of: r Charter Commission r Housing & Redevelopment Authority IT Planning Commission IT Appeals Commission F Environmental Quality& Energy Commission IT Human Resources Commission IT Police Civil Service Commission IT Cable TV&Telecommunication Advisory Commission IT Parks and Recreation Commission Signature I cr-vL izAJ Date I/2 -12-01 sack to too •—•■ �tlfn•//ain:n.r..: - •i i- - - 1 . To: Charter Commission Members From: Don Findell, Chairman Date: January 20, 2004 Subject: Status of Open Forum to Discuss Proposed Charter Amendment As you know, at our November meeting, the Commission agreed with a proposal to receive input from Fridley citizens concerning a proposed charter amendment affecting water, storm water, sanitary sewer, and recycling fees. At the present time, the City Council cannot increase these fees by a rate greater than inflation or 5%, whichever is less, unless it obtains voter approval at a general election. Arrangements are now in process to hold an Open Forum for interested citizens to voice their comments about this proposed amendment on Tuesday, February 10, 2004, at 7:00 p.m. in the City Council chambers. We have contacted the Fridley Chapter of the League of Women Voters to conduct the meeting, but unfortunately they have a conflict and are unable to participate. In addition, the following actions have been taken. - Letter sent to Sun Focus news to see if they are interested in running an article on this topic so as to provide further publicity about the Open Forum. - Flyers are being prepared to post in Library, City Hall, and Community Center. - Announcement of Open Forum to be included on cable TV. - Letters of invitation sent to those persons who were involved in the petition that placed this issue on the ballot as a charter amendment in November, 2000. - Letters sent to all persons serving as commissioners on any city commission informing them of the Open Forum (each of you should receive such a letter). - Letter to the editor of Sun Focus has been prepared to be sent to newspaper a week prior to the time of the Open Forum. I look forward to reviewing these plans with you at our Jan. 26 meeting. See you then. CURRENT CHARTER LANGUAGE ATTACHMENT 1 FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. Section 7.01. COUNCIL TO CONTROL FINANCES. The Council shall have full authority over the financial affairs of the City, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public moneys. In the exercise of a sound discretion it shall make provisions for the payment of all liabilities and expenses. The Council shall establish the fiscal year for the City. Section 7.02. POWER OF TAXATION. 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least. 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. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. (Ref Ord 1152) 2. The City Council may also levy a tax against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four(4) members of the Council which shall be presented as a clear and concise 'plain language' ballot question at the next regular municipal election. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) D. The additional tax levy shall take effect if 51% of the votes cast at said election are in favor of its adoption. CURRENT CHARTER LANGUAGE ATTACHMENT 1 Fridley City Charter Chapter 7 Section 7.03 3. 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,recycling 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) B. For the purposes of this subsection,the term "fees" does not include: 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. (Ref Ord 1152) C. For the purposes of this subsection, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. (Ref Ord 1152) D. For the purposes of this subsection, "city" includes the city itself and all its departments and agencies that are organized to exercise the "Powers of the City" as defined in Chapter 1 of this Charter. "City" shall not include any body of government owing its existence to separate constitutional or statutory authority outside of the Charter, regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. (Ref Ord 1152) E. For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section .08 (7.08). (Ref 11/7/00 Amendment) Section 7.03. BOARD OF REVIEW. The Council shall constitute a board of review and shall meet as such in the usual place for holding Council meetings to equalize the assessed valuations according to law, and a published notice of such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the day of said meeting. (Ref. Special Election 4/12/60, Ord. 592) Page 2 Proposed Charter Amendment Language ATTACHMENT 2 Section 7.02 POWER OF TAXATION 3. 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 (other than water and sewer),recycling 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) 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. (Ref Ord 1152) Proposed Charter Amendment Language ATTACHMENT 2 ORDINANCE NO. 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 3. 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(other than sewer and water),reeyeling-fees3 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) 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. (Ref Ord 1152) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2004. Scott J. Lund, Mayor ATTEST: n Debra A. Skogen, City Clerk PROPOSED CHARTER AMENDMENT ATTACHMENT 3 BACKGROUND AND INFORMATION • The City currently does not fully recover its costs for providing these services. These charges are really"pass-through" charges. The practice of the City is to only recover its costs in providing water, sewer and recycling services, and does not make a profit.. • The restrictions on increases in these charges is an unintended outcome of the charter amendment that was passed by the voters in November of 2000. That change was intended to restrict actions by the City Council to substantially increase services and costs paid by taxpayers beyond the rate of inflation, and not to impose other taxes upon residents by adding sales taxes or"franchise fees" on top of utility charges. It was not intended to cover pass-through type charges such as water, sewer and recycling fees. • In order to increase costs beyond the rate of inflation (currently at 1.8%) the City Council must submit a proposal to be voted on in the next general election. This is a very cumbersome process which typically requires a long lead time. Also, the standard for obtaining voter approval is quite high, requiring a 51% approval by all persons voting in the election (not just those voting on the issue). • Water and sewer costs are increasing due to a number of outside factors beyond the control of the city. These include: federal mandates that impose increasingly higher standards for water and sewer, higher sewer disposal charges imposed upon the city by the Metropolitan Council Environmental Services agency that is responsible for overall sewage disposal in the Twin Cities area, and ongoing emergency repairs and maintenance of the system's infrastructure. • Recycling fees are merely a "pass-through"of contracts for services that are re-bid every two years; and are subject to market conditions. These costs typically vary due to changes in prices the collectors receive for bottles, cans, paper, etc, that are collected. Working Glossary Charter An instrument in writing creating and defining the franchises of a city, education institution or corporation. Or A document defining, describing the powers the freeholders grant their government. Defining and regulating relations between government and the governed, the rights and powers of the principles. Charter Commission Discretionary Funds Eminent Domain The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following just compensation to the owner of that property Or The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of compensation to the owner of that property Informality Initiative An action by the voters to petition the city council to enact a new ordinance or to repeal an existing ordinance. Non-discretionary Funds Recall An action by the voters to remove an elected municipal official from office. Such action begins by petitioning the City Council alleging malfeasance or nonfeasance in office. Referendum An action by the voters to petition the city council to stop an ordinance from becoming effective, thereby allowing the city council to reconsider and repeal the ordinance or submit it to the voters at the next regular election. ■"-.N Sinking Fund or Money set aside in a special account for the purpose of redeeming or "debt reserve fund" retiring bonds. Suspense Fund n Dictionary.com/mandamus Page 1 of 2 mandamus I Look it up Dictiona f.com ! -Dictionary Thesaurus Premium: Sign up I Login ADVERTISEMENT Dictionary - Thesaurus Get the Top 10 Most Popular Sites for "mandamus" 4 entries found for mandamus. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in man•da•mus P Pronunciation Key (man-da�mos)Law your field advance their careers with n. University of A writ issued by a superior court ordering a public official or Phoenix. body or a lower court to perform a specified duty. .. .. ...... . ... . . . Free Co kgc._Money! Find information on tr.v. man•da•mused, man•da•mus•ing, mandamuses• • more than 600,000 To serve or compel with such a writ. scholarships! Improve your fluency [Latin mandamus, we order (used in such a writ), first person pl. With Champs- present tense of mandare, to order. See man-2 in Indo-European Elysees Roots.] Audiomagazines in French, German, [Download_or 13.uy Now] Italian or Spanish! Source: The American Heritage®Dictionary of the English Language, Fourth Edition Copyright ©2000 by Houghton Mifflin Company. Free Toolbar! Published by Houghton Mifflin Company. All rights reserved Find the answers fast with the mandamus Dictionary.com Toolbar ft \ndamus: log in for this definition of mandamus and other ern. yes in Merriam-Webster Dictionary of Law, available only to http://dictionary.reference.com/search?q=mandamus 1/22/2004 Dictionary.com/mandamus Page 2 of 2 Dictionary.com.Premium members. Super_s_ize vourbrajnTM Subscribe to Dictionary.com S.,aice: Merriam-Webster Dictionary of Law, © 1996 Merriam- Premium for exclusive Webster, Inc. features & services! mandamus \Man*da"mus\, n. [L., we command, fr. mandare to command.] (Law) A writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising authority, commanding the performance of some specified duty. Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc. mandamus n : an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail [syn: writ of mandamus] S :e: WordNet® 1.6, © 1997 Princeton University Perform anew search, or try your search for "mandamus" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more • AskJeeves.corn -Get the top 10 most popular sites • eLibrary -Search thousands of newspapers and magazines • Google - Search the Web for relevant results • Google Groups-Search Usenet messages back to 1981 • Merriam-Webster- Search for definitions • Roget's Thesaurus-Search for synonyms and antonyms http://dictionary.reference.com/search?q=mandamus 1/22/2004 Dictionary.com/suspense account Page 1 of 3 suspense account Look it up Dictionary'.Com '4?'Dictionary 0 Thesaurus h �e Premium: Sign up I Login ADVERTISEMENT Dictionary - Thesaurus Get the Top_10_Most Popular Sites_for "suspense account" 3 entries found for suspense account. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in suspense account your field advance n. their careers with University of A temporary account in which entries of credits or charges are Phoenix. made until their proper disposition can be determined. [Download or Buy_Now] Free College Money! Source: The American Heritage®Dictionary of the English Find information on Language, Fourth Edition more than 600,000 Copyright ©2000 by Houghton Mifflin Company. scholarships! Published by Houghton Mifflin Company. All rights reserved. suspense account Improve your fluency Suspense \Sus*pense"\, n. [From F. suspens, a. See Suspense, a.] 1. With Champs- The state of being suspended; specifically, a state of uncertainty and Elysees expectation, with anxiety or apprehension; indetermination; Audiomagazines in indecision; as, the suspense of a person waiting for the verdict of a French, German, Jury. Italian or Spanish! Ten days the prophet in suspense remained. --Denham. Free Toolbar! Find the answers Upon the ticklish balance of suspense. --Cowper. fast with the 2. Cessation for a time; stop; pause. Dictionary.com Toolbar A'Thl suspense from pleasure and from pain. --Pope. Zttp://dictionary.reference.com/search?q=suspense%20account 1/22/2004 Dictionary.com/suspense account Page 2 of 3 3. [Cf. F. suspense.] (Law) A temporary cessation of one's right; Supersize your brainTM suspension, as when the rent or other profits of land cease by unity of �� ��,;MU 3,e:e t in t' Subscribe to p^ession of land and rent. Dictionary.com Suspense account (Bookkeeping), an account in which receipts or Premium for exclusive ;— disbursements are temporarily entered until their proper position in features& services! the books is determined. u Source: Webster's Revised Unabridged Dictionary, c© 1996, 1998 MICRA, Inc. suspense account n : an account used temporarily to carry doubtful receipts and disbursements or discrepancies pending their analysis and permanent classification Source: WordNet® 1.6, © 1997 Princeton University 1 t ICADVAID aaieN tGMPANI" Perform a new search, or try your search for "suspense account" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more (Universtty of • AskJeeves.com -Get the top 10 most popular sites B Phoentx' • eLibrary - Search thousands of newspapers and magazines Earn a degree • Google- Search the Web for relevant results – .- • Google Groups-Search Usenet messages back to 1981 Bachelor's Degrees • Merriam-Webster-Search for definitions !Master's Degrees • Rogers Thesaurus-Search for synonyms and antonyms Get the FREE Dictionary.com. your for our browser now! - --- From the makers of Dictionary.com lttp://dictionary.reference.com/search?q=suspense%20account 1/22/2004 Dictionary.com/implicitness Page 1 of 3 implicitness Look it up Dicttonaty.[ollrl Dictionary 0 Thesaurus H .e Premium: Sign up I Login You are visitor #857336 to this site CONGRATULATIONS! YOU'VE WON! Click Here ADVERTISEMENT Dictionary - Thesaurus Get the Top 10 Most Popular Sites for "implicitness" 3 entries found for implicitness. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in implicit CI a Pronunciation Key (1m-plis�it) your field advance adj. their careers with University of n Implied or understood though not directly expressed: an Phoenix. implicit agreement not to raise the touchy subject. 2. Contained in the nature of something though not readily apparent: "Frustration is implicit in any attempt to express the Free College Money! deepest self' (Patricia Hampl). Find information on 3. Having no doubts or reservations; unquestioning: implicit more than 600,000 trust. scholarships! .Improve your fluent [Latin implicitus, variant of implictus, past participle of With Champs- implic' re, to entangle. See implicate.] Elysees Audiomagazines in im•plicit•ly adv. French, German, im•plicit•ness n. Italian or Spanish! [Download or Buv Now] Free Toolbar! Source: The American Heritage®Dictionary of the English Find the answers Language, Fourth Edition fast with the Copyright ©2000 by Houghton Mifflin Company. Dictionary.com Published by Houghton Mifflin Company. All rights reserved. Toolbar ir. citness http://dictionary.reference.com/search?q=implicitness 1/22/2004 Dictionary.com/implicitness Page 2 of 3 \Im*plic"it*ness\, n. State or quality of being implicit. Sesize jTM Subscribe to Dictionary.com sr Su, ce: Webster's Revised Unabridged Dictionary, © 1996, 1998 Premium for exclusive MICRA, Inc. ' features & services! implicitness Internet n : inexplicitness as a consequence of being implied or indirect Bill Pay. Source: WordNet® 1.6, © 1997 Princeton University Now with any U.S. Bank personal checking account. Think Free. Bank Smart. Start Now. us bank rAcrntrcr FDIC Perform a new search, or try your search for "implicitness" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more Llniversityof • AskJeeves.com-Get the top 10 most popular sites Phoentx- • eLibrajy-Search thousands of newspapers and magazines Earn a degree • Google -Search the Web for relevant results • Google Groups- Search Usenet messages back to 1981 Bachelor's Degrees • Merriam-Webster-Search for definitions Master's Degrees • Roget's Thesaurus-Search for synonyms and antonyms Get the FREE Dictionaa.com Toolbar for your browser now! From the makers of Dictionary.com http://dictionary.reference.com/search?q=implicitness 1/22/2004 Dictionary.com/implosive Page 1 of 3 » implosive Look it up Dictrnnary.com 4;Dictionary `,Thesaurus Premium: Sign-up Login You are visitor #857336 to this site CONGRATULATIONS! YOU'VE WON' Click Here I ADVERTISEMENT Dictionary - Thesaurus Get the Top 1 0 Most Popular Sites for "implosive" 2 entries found for implosive. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in im•plo•sive P Pronunciation Key (1m-plo's iv) your field advance n their careers with University of A stop consonant pronounced with the breath drawn in. Phoenix. Free Colleg,eMoney!. im•plo sive adj. Find information on more than 600,000 [Download or BuvNow] scholarships! Source: The American Heritage®Dictionary of the English Language, Fourth Edition Copyright ©2000 by Houghton Mifflin Company. Improve your Published by Houghton Mifflin Company. All rights reserved. fluency With Champs- implosive Elysees Audiomagazines in \Im* to"sive\ a. (Phon.) Formed by French, German, p ( ) y implosion. -- n. An implosive sound, an implodent. -- Im*p]o\"sive*ly-, adv. --H. Sweet. Italian or Spanish! Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 Free Toolbar! MICRA, Inc. Find the answers fast with the Dictionary.com Toolbar r http://dictionary.reference.com/search?q=implosive 1/22/2004