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CHA 03/01/2004 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MARCH 1, 2004 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A (Upper Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: 1. APPROVAL OF MINUTES January 26, 2004 2. Administrative Matters a. Vacancy—one opening b. Introductions of Commissioner Kathleen Linder c. Report of Nominations Committee 3. Discussion of Amendment to Chapter 7 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, March 22, 2004, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING January 26,2004 CALL TO ORDER: Chairperson Findell called the Charter Commission meeting to order at.7:09 p.m. ROLL CALL: Members Present: Peter Borman,Don Findell,Char Fitzpatrick,Daniel Garcia,Anita Gerrity,Craig Gordon, Harry Heck,Bill Holm, Members Absent: Janet Johnson,Nancy Jorgenson,Deborah Monden,Cynthia Soule,Francis Van Dan Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: MOTION by Commissioner Gordon,second by Commissioner Gerrity to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF JANUARY 26,2004,CHARTER COMMISSION MINUTES: MOTION by Commissioner Gordon,second by Commissioner Heck,to approve the November 24,2003,Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Application of Kathleen Linder Chairperson Findell said that the Charter Commission had received an application that had been forwarded from the City Manager's office for Kathleen Linder and the Commission discussed her appointment briefly. MOTION by Commissioner Gordon,second by Commissioner Garcia,to recommend appointment of Kathleen Linder based on her interest and to forward her name to the Court. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Introduction of Commissioners Garcia and Borman The Commissioners introduced themselves to newly appointed Commissioners Daniel Garcia and Peter Borman, introduced themselves and their backgrounds to the Commissioners n C. Request to Change February Meeting Date CHARTER COMMISSION MEETING OF JANUARY 26,2004 PAGE 2 Chairperson Findell requested that the February meeting date be changed to March 1st due to his unavailability and that they would be holding a public forum in February to discuss the proposed amendment. The Commissioners agreed that the meeting would be rescheduled to Monday,March 1 s`at 7:00 p.m. in Conference Room A in the upper level of City Hall and asked Ms. Skogen to send a notice to the Commissioners about the meeting date change. 2. Amendment to Chapter 7—Public Forum February 10,2004 Chairperson Findell said he did a lot of research and felt that an amendment could be made without affecting the original intent of the petition amendment. Commissioner Heck said there was a lot of information available and it was debatable about the total volume of water used based on whether it was a dry or wet year. He said if the fees were supposed to be a pass through cost, the city's hands are tied and there is nothing they can do. He said what was done was done but they had some work to do and wondered if it was the Charter Commission's duty to change the will of the people. Commissioner Holm said he had served on the Work Group to make amendments to the language and he recalled, after reviewing the minutes referencing utilities,a decision was not made by the entire committee but made by the group of people who made up the petition group. He said this group agreed to all amendments,but because one person said no about utilities,they included utilities in the restrictions. Commissioner Gerrity said she remembered that there was not enough money set aside to replace the water tower or for the various other projects. Commissioner Heck said there was a systematic concern about reserve funds. Commissioner Holm said to lay out all of the parameters of what is involved by talking with citizens through an open forum about their reasons for or against amending the charter. The Charter Commission can continue to deliberate on this matter. Commissioner Gordon said the Commission was making an effort to inform people and it could not be said they were doing it behind closed doors. Commissioner Borman asked if there were any reserves left in the water fund. Commissioner Holm said the city could use other funds to subsidize the water fund but did not think water funds could be used for something else. Commissioner Heck said they should not micro-manage,but also wondered if they should change something that the voters supported in 2000. Commissioner Borman said the citizens want the council to quit raising taxes and felt they had to stop them. Because of that everyone keyed in on all fees the city was charging and did not really think about what they would be doing to the city. Commissioner Fitzpatrick said citizens came out in the 1980's due to franchise fees and because they felt it was an another tax. Commissioner Borman said some utility companies had to go before the Public Utilities Commission when they want to raise their fees,but that the Metropolitan Council did not have to and he wondered whether the city knew the Metropolitan Council was going to raise fees. Commissioner Fitzpatrick said there were other unfunded mandates at the state and federal level. CHARTER COMMISSION MEETING OF JANUARY 26,2004 PAGE 3 Commissioner Findell wondered whether he had the expertise to make decisions and that the city had a representative form of government and felt they should let those who are experts make those decisions. Commissioner Fitzpatrick agreed and asked why the city should have a city council. Commissioner Findell said if he had to study about an issue that is put before the voters every election,each voter would have to decide how to vote and would therefore be micromanaging. He said citizens had a right to change their representatives if they did not approve of their elected officials. Commissioner Fitzpatrick said the Charter Commissioners were not elected,but were appointed by the courts and did not specifically answer to the city council. Commissioner Holm suggested someone should give a presentation with statements for why the Charter should be changed to provide an opportunity for people to agree or disagree. Commissioner Gerrity said they should do the right thing,but did not want to undo what the people wanted. Commissioner Findell said that was why he researched the minutes to see what was intended and reviewed the original petition to see what the original intent of the petition was. Commissioner Holm thought there was a large increase in providing water and sewer and that the"big"users of the services were being subsidized by the residents for their services. Commissioner Gordon said the Commission should discuss this again after the forum to decide what should be done. i"*. Commissioner Holm said they could outline and explain the issue and at the next meeting they could maybe reach a consensus on the issue. He said they sent a letter to the editor,as well as a letter to the Sun Focus and they had called him to do an article on it. Commissioner Borman said if it was presented to the people in a way they could understand,by giving them the numbers and explaining what would happen in the future. Commissioner Heck felt that institutions could have a mentality of bureaucratic behavior and that all institutions have massive reserves that he felt should be used. Commissioner Borman said the citizens elect the city council and the city council appoints the city manager and that there were a lot of checks and balances in the system,as well as the city being audited by the State Auditor. Commissioner Heck wondered what mechanism was in place to determine how high the city's reserve funds were. Commissioner Findell said that the city could receive lower interest fees on bond purchases/sales with larger reserves. Commissioner Heck said there was no way to address what the proper dollar amount should be for reserve funds. Commissioner Gordon wondered how much of the reserve was attached to something and how much was free. He felt the Commissioners wanted to pursue the discussion on reserve funds. Commissioner Gerrity asked what reserve funds were being used to help finance the water,storm water and sewer utilities. n There as a discussion on what type of reserve funds should be shown in the presentation and they felt the projected figures used by the City Manager earlier in the summer should not be used. They wanted to include only those reserves that would help subsidize the utilities. CHARTER COMMISSION MEETING OF JANUARY 26,2004 PAGE 4 Commissioner Borman wanted to see the total cost to provide the service,how much was collected and what the subsidized funds were,as well as a history and what the pass through fees were from the Metropolitan Council and for recycling. Commissioner Heck felt there was a real disparity between the residential users and business users. Everyone was okay with Commissioners Findell and Holm setting up the presentation with staff. 3. Other Business Commissioner Gordon reminded the commission that a nominating Committee should be appointed to present their nominations at the next meeting. Commissioner Findell appointed Commissioners Heck,Fitzpatrick and Holm,with Commissioner Heck serving as Chair. ADJOURNMENT: MOTION by Commissioner Gordon, second 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 8:36 P.M. Respectfully submitted, Debra A. Skogen, Deborah Monden, Secretary City Clerk/Staff Liaison Background - 1999 February 10, 2004 ✓ Franchise fee for gas and electric utilities ordinance adopted by city council ✓ Franchise Fee Referendum Petition Charter Commission circulated and successfully placed on ballot. ✓ Special Election—December 14, 1999, Franchise Fee Referendum successful and the Franchise Fee on gas and electric utilities Open Forum was defeated. Background - 2000 Background 2000-01 ✓Charter Amendment Petition circulated and ✓Work Group created to discuss successfully placed on November Ballot. ramifications of newly adopted charter amendment and to draft charter ✓General Election November,2000, Charter amendment language. amendment successful now limiting the City Council's ability to raise fees,or taxes,beyond certain limits,without direct voter approval. ✓Ordinance Amending Charter adopted by City Council April 9,2001,as a result of recommendation of Work Group. FRIDLEY CITY CHARTER Current Language CHAPTER 7. TAXATION AND FINANCES. Section 7.02 Power of Taxation 1 Section 7.02.01 Section 7.02.01 (Cont.) The City shall have, in addition to provided that the amount of taxes the powers by this Charter expressly levied against real and personal or impliedly granted, all the powers property within the City for general to raise money by taxation pursuant City purposes shall not exceed in to the laws of the State which are dollars, a tax levy that is greater than applicable to cities of the class of the prior year tax levy increased by which it may be a member from an inflationary index, or 5%, time to time, whichever is least Section 7.02.01 (Cont.) Section 7.02.02 Said inflationary index shall be that The City Council may also levy a tax as defined by the U.S. Department of against real and personal property Labor, Bureau of Labor Statistics, within the City in addition to said Consumer Price Index for all Urban limit as defined in paragraph 1 Consumers in the Minneapolis, St. provided the Council shall: Paul metropolitan area. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) Section 7.02.2 (Cont.) Section 7.02.03 A. Adopt a resolution specifying purposes of additional Tax Levy. Any other fees created, or increased B. Hold a Public hearing. beyond the limits set forth in c. Adopt a resolution with affirmative votes subsection 1, shall require voter by at least 4 Council Members. D. Levy takes effect if approved by 51% of approval as stipulated in subsection the votes cast in the election. 2. 2 Section 7.02.3.A Section 7.03.B For the purposes of this subsection, For the purposes of this subsection, "fees" includes sales and use taxes, the term "fees" does not include: utility charges, recycling fees, gas Parks and Recreation Department and electric franchise fees and any participation fees, charges for photo- copying, sales of municipal liquor other fee that produces a tax burden store products, or civil and criminal or direct financial obligation for all fines and other charges collected in property owners and/or residents of cases of restitution or violation of law Fridley. (Ref Ord 1152) or contract. Section 7.03.B (Cont.) The term "fees" also does not include rental housing fees, building permit fees, liquor license Proposed Language fees, the extension or transfer of cable television service authority to additional service Section 7.03.A (new) Section 7.02.B (new) For the purposes of this subsection, For the purposes of this subsection, "fees"includes sales and use taxes, the term "fees"does not include: utility charges(other than water, water, storm water and sanitary sanitary sewer and storm water), gas sewer charges; recycling fees; and electric franchise fees and any other fee that produces a tax burden or direct Parks and Recreation Department financial obligation for all property participation fees, charges for photo- owners and/or residents of Fridley. (Ref copying, sales of municipal liquor Ord 1152) store . . . 3 Current Status of Water, Sewer and History of Rate Increases Storm Water Funds—Year End 2003 Deficit Sanitary Storm Water ($191,000) Year Water Sewer Water 1999 ---- -12% D Sanitary Sewer ($236,000) 2000 2001 4% 3.60% 4% Storm Water ($ 15,000) 2002 3.80% 3.80% 3.80% Total ($463,000) 2003 1.80% 1.80% 1.70% Quarterly Utility Cost Comparisons Utility Costs Beyond Council Control Fridley $74.27 ➢75%of sewer costs passed along by MCES Spring Lake Park $80.05 +7.8% New Brighton $81.19 +9.3% D State and Federal Mandates . Increased monitoring requirements • Coon Rapids $80.05 +7.8% . Increasing water quality standards Columbia Heights $101.06 +36.1% Problems With Current Charter Other Issues Language Difficulty in presenting issue to voters >Uneven beneficiaries • Long lead time requirements. • Largest businesses receive biggest subsidy . Education of Voters •Council members and city staff cannot be ➢Micro-managing the utility operation involved in"promoting"approval • Structure of rates •No citizen interest group likely to campaign •Minimum charges for change •Excess consumption • 51%threshold 4 • Recycling Reasons for Proposed Charter Change Charges >To eliminate large deficits in these services Per Qtr Deficit ➢2000 $5.50 ($32,000) >On long-term basis,eliminates potential >2001 $5.50 ($32,500) problem of subsidizing water and sewer with transfer of dollars from the General Fund. >2002 $5.73 ($48,000) 2003 $5.95 ($15,000) >Permits City Council flexibility to deal with 2004 $6.06 ($35,545) unique problems associated with these services. Reasons for Proposed Charter Change Disadvantages of Proposed Charter Change Unintended consequence of the petitioners and >Alters what voters approved in November, the voters. 2000 Eliminates subsidy to large businesses. ➢Increases costs to homeowner by$4 to$5 per quarter,or$1.66/month(less than the cost of a McDonald's Happy Meal). Utility Funds Financial Status Unintended Consequences Asset Value $30.0 million >Did the 2000 charter amendment include Accumulated Depreciation $13.8 million utility charges and recycling fees? >Debt ($ 2.4)million Cash $ 6.9 million ➢After passage by voters,then Mayor Nancy Jorgenson became aware of several difficulties with voter approved language. 5 Unintended Consequences (Cont.) Ad Hoc Work Group An Ad Hoc Work Group was formed to >Ad Hoc Work Group membership composed work on providing adjustments to the of: language to: • Mayor Jorgenson • meet the goals of the petitioners • Major participants in Petition Group that circulated petition to place amendment on ballot •to enable the city to conduct its business in . Select members from the Charter commission an orderly manager • City Attorney and Finance Director Language in 2000 Charter Petition Amendment of April, 2001 For purposes of this subsection, >Clarifying language added: "fees" includes but is not necessarily limited to, sales and use taxes, "For purposes of this subsection, business and occupation taxes, excise "fees" includes sales and use taxes, taxes, impact fees, license fees, utility charges, recycling fees, permit fees and any discretionary monetary charge by city government. Summary Proposed Charter Amendment will: February 10, 2004 • Eliminate potential for long term subsidy of water and sewer services. • Provide cost recovery for state/county mandated Charter Commission recycling program. • Maintain all other spending restrictions which requires city council to obtain direct voter approval for programs that increase costs above 5%or the Open Forum rate of inflation,whichever is lower. ..•"°\ 6 2003 Charter Commission Membership Name/Address Phone e-mail address Appointed Term Expires Borman,Peter (h)763-571-4479 Peter.borman@qwest. 12-03-03 11-24-07 120 River Edge Way com 55432 Findell,Donald (h)763-571-0467 donfinder @aol.com 6-16-97(v) 5-11-01 6850 Siverts Lane (w)Fax 763-571- 2-21-01 (1) 5-1-05 55432 7386 Char Fitzpatrick (h)572-9615 imchocannAaol.com 5-7-02(v) 2-21-05 5273 Horizon Drive NE 55421 Garcia,Daniel (h)763-571-1642 12-03-03 11-24-07 6471 5t Street NE 55432 Gerrety,Anita (h)571-5586 anitaandtome @msn.co 4-22-02(1) 4-22-06 1602 Woodside Court (w)952-942-9110 m 55432 Gordon,Craig (h)574-9807 2-8-99(v) 5-11-01 PO Box 32622 (w)571-4959 2-21-01 (1) 5-1-05 55432 Heck,Scott"Harry" (h)572-0677 scotandlori(a,msn.com 2-21-01 (1) 2-21-05 6032 2 1/2 Street NE (w) 55432 Holm,William (h)784-7052 holm @goldengate.co 4-26-96(v) 5-24-99 7424 Melody Drive NE (w) m 4-9-99(1) 5-24-03 ■ ••■ 55432 5-23-03 5-24-07 Johnson,Janet (h)571-8359 jjohnson @mediation.s 4-22-02(1) 4-22-06 1579 Briardale Road (w)651-649-5426 tate.mn.us 55432 Jorgenson,Nancy (h)571-1648 Njorgenson @aol.com 2-21-01 (1) 2-21-05 5730 Polk Street NE (w) 55432 Kathleen Linder (h)572-9348 02-19-04 02-13-08 728 58th Avenue NE 55432 Monden,Deborah (h)783.3575 DWmonden@netscape 4-9-99(v) 1-24-03 211 79th Way NE,#2 (w) .net 3-26-03 (1) 3-24-07 55432 Soule,Cynthia (h)572-9666 csoule @elcabop.org 6-16-97(v) 5-11-01 7838 Firwood Way (w)612-752-4101 2-21-01 (1) 5-1-05 55432 Van Dan,Francis (h)571-3177 bimipula @juno.com 5-5-95 (v) 5-11-97 6342 Baker Avenue NE (w) 97?(1) 5-11-01 55432 2-21-01 (2) 5-1-05 Vacant S. Warren 3-24-03 (2) 3-26-07 Amevt.dvu.eiLt R,evI,ew committee Meeti v g M%vu tes November 29, 2000 Call to order: MeetL.tA,g was called to order at 4:30 p.m.. Roll call,: N vtc, jorgetA,soK, Lavt,wa Freeburg Q.uevtti,vt, Freeburg crag c,ordow Pri,bjl, Fritz I�waaIR, Pete Ei.setn,zi.mviker �kl l ew staLberg core Pettersew slizawvl.e Warrew Pat HoLvw Fravtcis VatA, paw Items ci.rcuLated at vu.eetI g: -Agewda -for KkeetLwg -cowcerws about the charter Av/tewdvuewt -Item referred to as "Fowl DLscuss'ov" -Ahkewdvu.ewt Lawguage as defLwed ow staffs old docuwt.ewt called "Proposed cUtj charter Awt.ewdw&ewt" Ms jorgewsow started the dLsot SSLow b j expLa%wLwg to the group the weed for the wkeetUwo. she LwdLcated that the cLt j was wow attevuptLwg to LvwpLev&ewt the avu.ewdvu.ewt awd there seems to be varjUwc LwterpretatUows ow what the Lawguage actuaLLu sa js. it appears that there are w&erKbers of the covu.wt,uwLt that feel that the ahkewdvu.ewt has dL f ferewt vu.eavawgs to dL f ferewt people. ALso the cLtu staff Ls havLwg probLevu.s with the LvupLevu.ewtatLow because sovv.e of the words that ow the surface seem to be vague awd wot specific eh-ouch to app4j to weeded areas. cLt I-taLL staff has reviewed the Lawguage awd spewt sowt.e tLwLe revLewLwg the issues. The j have made e List that both Mr. PrLbuL awd Mr. K.waalz wULL review. 11-29-00 Page 2 The basis for this wt.eetiwg 's owe of teavu.work. is cln attevupt to cLarid those issues that staff will Ldewtid. The Citu has asIzed the members of the petition committee to attewd this vu.eetLag so that we vu.a j spea12 directLu to the authors of the LegLsLat'oa so that we caw understand what then had is vu.ind Lathe drafting of the Language. ms. orgenson asVzed Mr. PribjL to Lead off with his cowceras regarding the issue ow the impact ow bond issues. Mr. Prib jL stated he has a concern reLated to the effect that the avu.ewdvu.ewt has ow both new upcondwg bond issues and what it possibLu could do to past issues. Fte quoted a section of Minnesota state statutes regarding the definition of ceweraL Obligation. hte stated that bu definition it vu.eaws "ant obLigatioa which pLedge the fuLL faith aad credit of the vu.unicLpaLitu to their pauvu.eat". f-te stated that the Language in the ay. ewdvv..ewt pLaces a technical defect ow the abiLittu to repo j the bonds La the future. LAader a remote situation, Lf the cit j did clot have enough set aside to cover priwcipLaL clad interest pauwt.ents ow a bowl issue it could clot repaj the debt. In that situation the cite Ls rectuired to Led taxes for the repauhkeat of the bonds. That technical defect could translate into a drop Lathe cities bond rating clad cause cl vu,uch higher increase is interest rates. That increase L ,interest rates would thew cause the interest that the cite charges on speciaL assessv&ent projects to increase sLace those are the funds pLedged to pa j the priacipaL clad interest on the bonds. The bonds are a form of reivvLbursevu.eat to the cit j of f ridLe j. The cit j spends its own MOO-CU on the iwtprovevu.ewt projects until the cite has spent La the area of !1.,000,000 for projects. It Ls at that ti-me that the size of the issue is Larne enough to talze to hkar{zet to seLL the bonds. doing this, the cit j saves vu.oae j on the Lssua ace costs since for each issue it must hire a goad Attorwej clad 1=iaaaciaLAdvisor clad incur a vuvu.ber of other costs associated with the bond issue. Mr. PribuL cLso stated that Since the securities and Exchange aovi&vu.issioa(sEC) has receatLu required annual dLscLosure of subsequent events that ivupact the future repauvu.evt of debt, we would need to re-port this event. He said that he was not sure of aaj negative Lwtpact this might have. oat thing that could happen, Ls that, Mood's could downgrade the rating it used on past issues that would devaLue those save issues clad cause trading issues clad Loses Lathe wt.ark-zetpLace. Mr. Prib jL stated he did clot thinkz that the committee vu.eaat to L' pact the cities bond rating or a secondaru devaLuatLoa of existing bonds. Fte said lie was Lookziag for their input to deterv.&Lvte the direction he would need to ta1ze based on the intent of the col/AA/Alt-tee. Mr. staLberg stated he did clot see how Mr. PribjL could interpret that in the Lavt,guarje. Mr. PribL stated that because their is a LLvu.it ow the av&ouwt of taxes that could be Levied, Lt causes probLevi s. 11-29-00 Page 3 ft was stated that it was wot the covu.vv ttee's Lwtent to cause and Lwtpact to either the past or future debt issues of the o tu. Mr. Pettersew stated that the reasoolwg behLnd the Language of the aw.endwtent was based ow covu.vvvewts that were made after the defeat of the franchLse fee. H-e stated that thej heard that thej would wow get the Lncrease L .the form of a tax. TheLr concert& was the that the Loss of dollars associated with the franchLse fee would come back at the propertj owners Lw the forvu, of other fees and taxes. MsJorgewson stated that Mr. PrLbuL has sovv.e comhkents he wouLd LL4Re to maize regarding the fee issue. Mr. PrLbuL stated that the List that Ls before them was owe that was created Lin,the departwt.ent head vu.eetLwg the previous dau that LwcLuded the tjpes of charges that are Lwtpacted bu the Language of the avvt,endwt.ewt. Mr. PrLbuLproceeded to review LL of the tjpes of charges that were outlined ow the hawdout. Ms jorgenson stated that because of the Language, people that she has spol.evt,to are LwterpretLwg Lt dL f ferewtLu and the purpose of this wteeti.wg Ls to attewt.pt to cLarL f f exactLu what was the Lntevtt. Mr. K.naaIR,expLeLned that the staff weeds to Lvtterpret and LvupLewt.ewt the Language Lt& the avu.ewdvu.ewt and Ls havLng some probLevus aLowg the wa j. The probLewt seevv-s to be covu.Lng from the terns. "discretLowarj" and what tjpes of charges thej are. The term seewts to be capturing the entire group of fees for services and charges that the citj deaLs with. Mr. K,naaIZ stated that the CLtu concern at this poLvtt Ls to eLLVVLLwate Loop holes and areas that will cause future LLtLgatLon regardLng both the c-to awd the H-RA. H-e felt that whew the Language was deveLoped Lt was probabLu not the Lvttewt to capture aLL of the fees avt,d thus cause a ballot to be three pages Long regarding just the Local fee cluestLows at the next gev.eraL eLectLon. He stated that because of the super vw.ajorLtj Lavt,guage Lt Ls possLbLe that the cltj will ever be abLe to raLse a dog Lfcevt,se agaLvt. Mr. Pettersew questioned Mr. K.naaIZ wh j he thought that the dog LLcevt,ses wovLd be LwvoLved Ln this amewdvu.e tt. Mr. K.naalR,felt that the terns. dLscretLowaru LwvoLved ail of the fees of the cite and HRA charge sLwce both the council and HRA Covikv&LssLon have the dLscretLovt,as to whether thej will charge a fee or portLon of a fee for renderLng a service. Mr. Pettersew felt that whew the Language was drafted it was was Lvttewded to prevent the cLtu frovu. generating the revenue Lt Lost from the franchise fees Ln sovu.e other sort of fee Lw Lou. of a tax. It was not intended to Lvtkpact a nuvu,ber of the fee topes that Mr. PrLbuL reviewed that were presented ow the exhLblt. 11-29-00 Page 4 Mr. Pettersen felt that discretLonare fees would be a type of fee that has no basis Lw the cost of deLivering a service. H-e felt that 1,f a ee-f°i,nLtion were added to the document Lt would be helpful regarding the topes of fees that thee had intended to address. Mr. K.naak LndLcated that de-fi,niti,ons currentLu exist Ln the beginning of the cLh Charter. FrancLs van paw stated she would Like to see a gLossarj Of terms Ln the defvi,nition section of the charter that would thew define discretLonaru fees awe others. Mr. Pettersen stated that Lt was the LntentLow of the covu.vvtLttee to take out of the control of the cite those fees that it thee felt were subject to arbitraru increases at the will of the Council. ft was not the Lwtent of the group to attach to those fees that were being charged bu other governments withLnthe boundarj of the city. Mr. staLberg saLd that the cite should be increasing the fees annuaLLu and not hoLd of for a number of uears causing Larger Lncreases eears Later. H-e discussed the Ldea of the cih reviewing the fees thee charge anwuaLLj and LwcreasLng thevvt on regular basis as the cost of providing those services increase. �.� Mr. K.naak stated that the amount the cih charges vikust be reasonabLe and based on the actual cost and Lf it were not then the cite could be Ln fora Legal challenge. The cite would Loose the chaLLenge Lf it costs were not based on documented charges. rte was also very concerned that practLcalle, the cite will never again raise its fees because of the super vu.ajoritu requirement of 5z°. That vu.eaws that of those voting, anuone not voting on the fee portion of the baLLot wLLL be counted as a wo vote. The Language as written will then require the cite to pLace before the voters a Length baLLot that w'LL tend to have a Large voter fall oil onLe on generaL eLectLons. Because of the number of voters that wLLL be rectuLred to vote ' es" on of new fee or one that should be increased, verj possLbLj thej would never again be Lwcreased due to the ballot ctuestLons being voted down. Ms Jorgenson spoke about the probLem that would aLso occur when a new cabLe provider would cove e to the cite to negotLate a new cabLe franchise similar to what currentLj exists for the cities cabLe provider. The cite has been,contacted bj wide open West regarding the possLbLLLtj of negotiating a second provider of cabLe services to the covu.vu.unLtu. The concern would be, we would not be able to LnLtiate a new agreement without going to the voters. Mr. Pettersen asked whj the current provision 1,14,the charter would not also LncLude the abiLih to handLe new providers. 11-29-00 Page 5 Mr. Knaak stated that since this would be a new fee, it could be interpreted to mean that it must be placed on the ballot to be legal. The concern Ls this tope of franchise fee Ls a discretionarj tope charge that the council can implement and weeds to be treated the same as the current provider. H-e said that a new provider could argue that the Council did not have the authoritj to initiate a franchise fee and if upheld would then cause legal issues with the existing cable franchisee. Mr. stahlberg asked speciftallj what language weeded to be changed to remove the problematic areas. Ms Jorgenson responded bu stating that the citj council could have given the Charter commission the task to refs-niwg the language, but thej felt that it would be much better to work directlj with the committee to review and modify the language to keep the intent of the voters. Mr. stahlberg stated that it might work best if Mr. K.naak were to draft some suggestions and bring the draft be to the group to review and vu.odiff those if necessaru. Mr. K.naak stated he would be open to making some suggested modifications but it should also include language to exclude the use of the term "other political subdivision or governmental instrumentalitu of or within the citu". This term is a drafting term found Ln state statutes that brings into question the applicabilit j of other governments to adhere to the same ballot requirement. H-e felt that it probablj was not the intent of the committee to restrict the school district from increasing fees such as athletic fees unless it was brought to the voters, but it did seem to be an unintended consequence. gecause the language Ls all inclusive to other other governmental subdivisions, it also could be interpreted to include the H-RA. Franks van pan felt that Mr. commers, the H-RA chairman should be included in the discussion. Ms.Jorgenson stated that Mr. K.naak, Mr. commers and the H-r Financial Advisor have alreadtj had extensive discussions on the subject and felt that it would be a problem for the H-R.A. Mr. fcwaak stated that one of the solutions discussed would be to go for declaratoru judgement. The main concern with this action would be that we might not like the Judges resolution of the language and we would the have to live with the decision. Mr. Kwaak felt that he could put some language changes together Ln the form of a �--. discussion document for the group to review at a future meeting. 11-29-00 Page 6 The topic was raLsed regardiwg the i,wtewt of the group ow the super vu.ajor%tu idea. Mr. Pettersew felt that there were 2 or 3 members of the committee ttee that 11,1-zed the idea of the super vu.ajoritu to pass a fee. H-e also felt that it probably could be elivu.%wated awd fall back to a worvu.al vu.ajorftj. Msjorgewsow stated that Mr. k.waak would prepare his suggestlows awd would be mailed out for review at the wext vu.eeti,wg. MeetCwg date was detervu.lwed to be 12/20/00 at 4:so p A. Meeti,wg adjourwed at 0:20 p.m,. Amewdwv.eot Review committee MeetIwg MIwutes December 20, 2000 Call to order: Meetiwg was called to order at 5:00 p.wt.. ROLL CALL: NawcuiorgeK,sow Lai/1,14,a Freeburg 62.141Atiw Freeburg Craig crordow R.ic{2 Pribul Fritz K.wa a lR, Pete Eisewzivvt.vvt,er Werwer ,4llew stalberg c,reg Pettersew suzawwe Warrew Bill 1-Volvv& Lam Cowt.Vint rs Items circulated at vu.eetLvt,g: P,owd sales star Tribune Article, Tvesdau, December 11, 2000 "vewtura school proposal could threatew tax-iwcrevvt.ewt fiwawciwg" The wt.eetiwg started bt,/, Nawc�orgewsow thawl2iwg the group for owce agaiw comiwg together iw a spirit of cooperatiow awd aw attempt to clarifj the Lawguage IAA, the charterpetitiow. Ms Jorgewsow started the discussiow Lod reviewiwc with the committee the basics of tax iwcrevu,ewt fiwawciwg she iwtroc ced the article that was published iw the star Tribuwe ow Tuesday Decevu.ber 1i regardiwg c,ovev or vewtura's tax proposal awd the iwtpact that it could have ow tax iwcrevvt,ewt fiwawciwg. 12-20-00 Page 2 Mr. Pettersevv asrzed after the dLscussLow ova,tax Lv,,crevu.evtt 1,f the Lavtguage couLd provLde a sped,fic exceptLm,for Tax I tkcrevv evt DLStrLCts or the H-RA. Mr. K,v,,aa42 respov'ded that he would rather leave the Lavt,guage as is Lvi, order v'ot to specL fu the goverv,,vu.evLt that are vtot Lvt,cLuded. f-1-e felt that the statewt.evtt as Ls, will be sped f c eikough. H-is coikcervt, was that what about the uvtLt of goverin,vu.ev,,t that we omitted. The group discussed FrLdLe j H-RA's tax Lvt,crevu.evtt projects such as Medtrovt,Lc, c,atewau east awd some of the tech v 'v ves that were used to provide Lvt,cev..t'ves av,,d the resuLtim,g awt,ouvLt of 1,14crevu.etAt. Mr. Petterset& asi-zed how this dLscussLovt relates to the Lvupact ovt, bovLd ratLvLgs for the cLtu of FrLdLeu,. Mr. Pri,but, stated that the top should be switched to "other t/tvt.ts of ctovervu kevLt" ow Mr. K,waalR,'s vutevvLo. The issue with the H--RA reLates to its tie based ovt,the LaiA,guage Lvt,paragraph 3. D, of the charter Avu.evodwt.evtt. it is because of the Lavt,guase "but is vLot mcessarLlj Llvvt,Lted to" that bri,v,,gs the H-RA Linto the d%scussiovt,. The group felt that Ls was vtot the LvttelAtLovt,to draw Lvt, other uv,,Lts of govervt,h,t.evtt outside of those allowed through the charter of the cLtIJ. of FrLdLeu. F ecause of that the group uvt,avtwv,ousL j deeded to strike out "avt,u subdLvisLovt, or". The group felt that a gLossarj of terms would be useful IAA,the charter that would de f'w e the term, "subc vsLow". Mr. K vt cici expLaw'ed that the term, subdLvisLovt, reLated to statutoru LavA,guage that was used IAA, dra ftLv,,g Lavt,guage for the state statutes reLatLvLc to the state govervt, &ewt avid Lts cov'potAeiAt uvtLts. gt usi,vt,g the terv& Lv,,the covvtext Lvt,which Lt was used for the avu,evodvu.evit vvt,ahze the vu.eavatits covLfusLvto avid thus subject to covtfusLow as to its appLLcatLOw. Mr. ELsevtzLvt&v&er was covtaerv,,ed whether the voters WILL get to vote ovt the awt.ew k ewt whew it is covvtpLeted. Mr. K,waa1,2 stated that he was careful .-, v,,ot to provide dLscussLovt, Lawguage that couLd be cov,,sLdered substay.tLve av,,d thus a chavLge IAA, the Lv,,teint. 12-20-00 Page 3 Msjorgevtsovt stated that Lt was the cite couvtcils Lvitevtt to brLVtg together the committee Lvt a spirit of cooperatiov,to review Lssues a via{ cLa ri ff the LavtgRage to eLLmivLate probLematic Lavtguage. Whelk the committee would come to avt agreemevtt with the Lah,guage, it would be referred to the charter commJss'ovt for its review avid avti' suggested chavtges. ovLce they would review aura{ have a sLgvt off bu the charter.4wt.evLdvu.eht M +-roc ommittee, coin'6l has discussed, thevt sevtdih,g a Letter out to all regLstered voters. After a mailih,g, Lt would thevt go to couv6L for its Public H-earLvLg, 1st ReadLv.g, avLd 2�d Ms. Freeburg feLt that Lvtstead of all the registered voters, it should be ov.Lj mailed to those that sigvted the petitiovt. Ms jorgevLsovt wavtted the group to k2vLow that it Ls vtot the cou.h,ciLs Lhtevtt to uvtdo avtethi, ,g that has beevL LhltLated bu the voters. Mr. wervLer felt that there were at Least two members of the couvtcil that would Like to see the avu,evLdvvtevLt to fail Lvt some wat.. Mr. Pettersevt moved the discussLovt to the debt Lssue avtd felt that the Lah,guage shouLd restrict the cite from usLvtg debt as a wau to -i,wavtce currevLt operati,oh,s. H-e was covtcervted that the Lah,guage could aLLow the eau to exempt debt service paumehts whose pr v cipaL Ls used to fLvtah,ce operatiov-s. Mr. Pettersevt felt a tweak21-vtg of LavLguage was meded to eL v&Lvtate this possibLLitj. The group agreed etc Mr. K.vtaaR, said he would add Lavtguage. Mr. Pettersevt brought up the topic of the 51 , majoritj aura{ restated his feeLLwg, he feLt it was vtot the committee's Lvttevtt to rectuLre 54 of those votivtg to pass each Local item out the ballet. Mr. avid Ms. Freeburg feLt that it was the Lvtteht of the committee to hold each Local item ovL the ballet to the 511 majorit j. i he group discussiovt rei, ,forced the Freeburg's feellh,gs. The 51`ro stabs. Next meetivtg Ls scheduled forjah,uarj 3, 2000 tFmewdvwewt 8.e%ew Committee Meetiwg Mites J a wua rte 3, 2001 call to order: Meetiwg was called to order at 5:17 p.m. 801.1. call: NavLcu,jorgein,soin, Sawa Freeburg cZ t.evtti.vl, Freeburg RdcPribjl Fritz K.vLa a 1z Pete Eisewziwt.vker r�wt Werwer ALaw stahLberg dreg Pettersew u.Zawwe Warrew Bill H-oLwt. Fra wcis va w Da l& items arcuLated at vu.eettwg: 1. Mevv,orawdum to Ao-H-oc Cove v Lttee ow Charter IwtpLevv ewtatiow Dated 12/4/00. 2. Mewi.orawduv t to ,Ad-H-oc Covu,vv ttee ow Charter IvupLekkewtati,ow Dated 12/27/00. The wt.eetiwg started Nawci,jorgevtsoin,thaw12i,wg the group for owce agaiw covuiwg together awd that at the Last vvLeetiwg she had stated that f awtowe had awd recovu.wt.ewded chawges to the awt.ewdv,tewt thej should have cowtacted either Mr. K,waalz or Mr. Pribi,L. As of this meetiwg weither persow had beew cowtacted with awj chawges. with that, she assumed that the Lawguage idewtified iw Mevworawduwt. I awd 2 idewtified above was the Lawguage that would be discussed. Mr. Pettersew stated that siwce the Last vueetiwg he had had Cl opportuwitj to speck with a w41/litter of people that had sigwed the petitiow awd aslzed them. about their uwderstawdi ,g of the 511 of the votes cast portiow of the avu.ewdwt.ewt. H-e said that of the people he spolke with, it was 1-3-01 Page 2 �-. their uwderstawdiwg that the 515 related to the wuvu.ber of people votiwg ow the ctuestiow, vLot the wumber of peopLe votiwg LvL the eLectLow. At that poiwt, we had a vLuvu.ber o f people state thee felt it was the CvLteAt of the c,omvulttee avid the sLgwers of the petitLow, that it was 515 of the peopLe castiwg a ballot avid vLot the questLow. Mr. wervLer felt that whew he was door 12wociziwg, that the peopLe he spol2e with uwderstood it was the greater wuvn..ber. The cowsewsus of the ad-hoc cowLvi.&ttee Ls that Lt would wot be fotLowiwg the Lwtewt to voters to maize a chawge ow this item awd would weed to go bacI2 to the voters to chawge this item. Mr. Kwaa{2 reviewed his VI/Le V1 o dated December 27, 2000 that Ls ewti fled as item wumber z above. The first item related to sectiow 7.02 subsectiow 3p related to the defL ■Ltiow of the tervu. "cite". VL IZeepLwg with the prior discussiow Lw the past meetLwg Mr. K.waa42 stated that it appeared it was wot the Lwtewt of the vvte vt,ot vv.ewt covwvu.ittee to cover more thaw the city awd Lts divisiows or subuvt is o f goverwvttewt. The committee had wot Lwtewded to trlu to overLap to the school districts or other uwits of goverwwt.ewt wot authorized bi, Cites Charter. The group discussed Mr. Kwack's proposed Lawguage awd agreed v wav v&ousL( that Lt was worded properLL/ awd could be cowsidered fI L Lawguage. Mr. K,w22k2 reviewed the wext item ow the vvewto dated December 27, 2000 related to c,eweraL obLigatiow bowds. Based ow the past vu.eetiwg Mr. Pettersew had Ldewti flied a situatLow he felt weeded to covered bu av tewdiwg Lawguage. The Lawguage as wow provided would add as additiowal Lawguage: "Nothiws iw this provisiow shall, be cowstrued to i,vupai.r avtt aoevi.eral, obligatiow the vua have ivy.support of otherwise lawful iwdebtedwess or sivvtilar obligatiows supported b j the full faith avid credit of the cite, provided however, that loves-term, geweral oblieatiow iwdebtedwess shall wot be used for the purpose of fuwdiwcs the routiwe aAd daily busiwess operatiows of the cite." Mr. K.waal2 stated that this should eLLvvt.Lwate awe LwLpairv&ewt of the geweraL obLigatiow related to debt issues awd would also awswer Mr. Pettersews cowcerw related to the use of debt to fuwd geweral operatLows of the city govervum,ewt. addiwg the Last sewtewce Lt eLLvttiLwates the use of debt for the fuwdiwg of routiwe awd dailu busiwess of the citt,. This wew paragraph would be added to the ewd of sectiow7.02. The group discussed 1-3-01 Page 3 Mr. fcvLaak's proposed LavLguage avid agreed uvLavtiwt.ousLd that it was worded properLt avid could be covLsidered fIvt,at LavLguage. Mr. K.vLaak the rectuested that the group move ovi,to covLsider the fee LavLcuace of the proposed avvtevLdv tewt. The sectioo, of the avvt.ewdwt.evLt uvLder covLsideratiovL is sectiovL7.02 subsectiovL 3. A, g, avid c. The group was asked to look at Mr. K./tacks memo of t ecewt.ber 4, 2000 ova page 3, where he addressed the tervv. "fees". Mr. K-vLaak felt that the LavLguage was ivL keepivtc with the ivLtekt of the origivLaL covvt,vu.ittee, avid thej did vLot ivttet ,d to capture aLL fees the citj charges. H-e stated that a vast mcijoritu of fees are aLreadtc._ capped because bt,/ statute the citj caul ovuLj charge the "cost" of the service beivLg provided. The committee probabLj vkeavtt to restrict ovLLj those fees that are reaLlj a tax. These tjpe of fees or taxes are b� their wature a revevLye raisin c devise where the bulk of the charges that the citJ has are actuaLLj charges for services avn,d Lo,fact reimburse the cite for their costs. without settivLc these charges, the cost becomes a burdevL of all the propertj owvLers. Mr. K.vLaak stated that his Lawguage attempted to defivLe fees as taxes avid excLude those items that are reiwt.bursemevLt of costs. Freuii c s van& pavL spoke to chavLge Mr. KAA,aak's proposed Lavtguage, he would Like to strike the words "value of the" IAA, sectiovL 7-.02 sectiok, 3. This would thevL further de fi,vLe those fees that are true rei.mbursemevLts of cost. Mr. K.vLaak stated that the Last paragraph would thek. exempt speciaL assessv tevLts. Mr. wervt,er wavtted to kvi,ow wh j we had eve covLsidered that speciaL assessvi,ev,ts IAA,the Lawguace si,k,ce he felt thee did vLot ivLcLude them as part of the origivLal LavLguage. Mr. K,vLaak stated that because the citj does have the discretiovL whether it charges the resets for the ivuprovevttievLt or it fuvLds it with Levu or accuvu.vLated reserves it becomes of "discretiovLarj charge". Mr. wervter stated that the committee had vuot wLtel&ded ovL iv<,cludivLg speciaL assessvt&evLts withivL the avvt.evtdwt.evLt. 1-3-01 Page 4 Mr. K.viaarz felt that the fraikchise LaVtguage Ls a triclzu area du.e to the fact that al& existivLg cabLe fratkchise exists avid that currevitl` other cabLe providers couLd be requestivtg a view fravLchise. Each fravLchise agreev evit is avi Lvidepevio(evit agreewievit from ovie avLother avid each must be covisidered separateLj. c,reat are vu,ust be totIzew Lf avvother orgaviizatiovi requests to vLegotiate a view cabLe fravichise agreevwevtt, the citj vieeds to treat this orgavLizatiow the sav,ie as the existLVLg fravichise. Mr. PettersevL felt that with the cabLe fravLchLse situatiov'., if a view cov pav u were to request covLsideratiovL, ft would viot be a view fee or tax. The view covvpavLt would ovLLU be avL extevisiovL of the existivKe cabLe frav,chise avid would vot gevLerate avLj view v ovLeu. The view fravichise is ov u goLvLg after the same vwarizet as the existivig -Frain-chi-se occupies. Cov sLderabLe discussiovL occurred ovL the federal avLot state reguLatiovL of cabLe avid cellular/dLgLtaL providers. Mr. KA,aaI2 suggested addivLg LavLguage to his awLevtdvvievit as proposed ovL the vvevuo of t ecevv ber 4, 2000 page 3 vvLod Lfeivic paragraph 3. +-te proposed to add the words "or travis fer or extevLsiovL of cabLe service authoritj to other providers" after Liquor LLCevLse fees. The group discussed the chavLge avid agreed IX VILVU.ousLlJi that ft was worded properLu avid couLd be covLsLdered fi,viaL LavLguace. Mr. K.vLaaiR, was asrzed bj Ms jorgevisovL to recap aLL the fLvial chavLces avid have thews fLvLaLLzed bL, fridau javtuaru 5, 2001. Next vv eetiv cj Ls scheduled forjavLuaru 10, 2001 at 5:00 p.vvi. to review the fivial LavLguage. MeetLv,9 adjourvved at 7-:15p.vu.. Avu.evLdv i.evvt Re\/i ew Cov.tw.fttee Meet%vLg M%vtiutes jai/km.61T 10, 2001 Cali to order: MeetLvtg was called to order at 5:21 p.m. ROLL CALL: NPKzujorgev\sovt Lavta freebv.rg Ricl2 PribjL Fritz KrtIAa12 Pete ELsevtzI tv&er TIv& wervt.er ALP vL stahlberg c,reg PettersevL gLLL I-foLvu. Fra vLcis va vL Da v<, Items ctrcuLated at vu.eetLv g: 1. MemoravLduwi. -from. Mr. K,A,aal2 - Charter Lavl,guage R.evLsLovt, The vv&eetLvtg started b j NavLCg jorgeozoiA,thavtl2Lv1,9 the group for w&eetL14,9 ovLe wore tivvLe to review the fLvLaL draft of the charter Lav,guage. she asl2ed that the group review the vu.wLU.tes. FravLcis von& Davt stated she would Lille to have her first vLawLe correctLj stated as FravtoLs. The members had vLo other cha tA,oes that were recommevtded. Mr. KAnsial2 reviewed his revised LavLguage with the vwewtbers. Mr. Pettersev, stated that he felt this crustaLLLzes the chavt,ges that the group had beetn, worl2LvL0 ovt. The committee reviewed the Last paragraph ovL page 2, view sectLovt, E. At the evLd of the paragraph Mr. K.voal2 felt that "sectioK, .o8 (7-.o8)" could be removed siA/Lce Chapter 7 deals with fr tLtraL disasters. After LevLgthj dLscu.ssLovL the covvLvvLittee felt that the debated sectiovL should vtot be revv.oved avid would sta j. 1-10-01 Page 2 .-. Mr. set zI'it &er stated he was uvvhappu because he felt that the petLtiov' committee has vLot reviewed the awvevvded Lai/Lguage avvd that there has bee a Lot of LavLguage added bj the Citj. H-e has vot had evvough time to review Lt kLwt.seL f aIAA he feels its vvtovivLg to fast. ate was covLcervved that chavtges have beevt made that the petitLovv committee should review so that the j are cowl.fortabLe with the av&evLdwt.evLts that were vu.ade. Ms jorgevvsovv stated that it was this groups LvttevLt to worlz together from the begivvvLLvtg to cLarL f j the LavLguage avLd v u,ttuallu agree ovL how the awLevt.dwtevvt would be vv odLf'ed. These chavLges were vot chavvges Lvv LvLtevLt but cLarLficatiovL of the covvfusvvg or covtflict vtg areas. Mr. PettersevL felt Mr. ELsevvzi.mmer had a good Ldea avvd that it should be presevvted to the petitiow cLrcuLators to cowwu.uvLLCate the todL f izatLov.s. Mr. Wervver aLso felt it would be a good Ldea. ms. orgevLsovL felt Lt would Lt also be a good idea to meet to mak e sure thee were cove,fortabLe with the chavLges so that whevt. Lt wet to both the Charter Cowt,wLLssiovL avvd the Citu aown,cil Lt was evLdorsed Lou the group avLd uLtLwt.ateh. the voters. Mr. Pettersevt, Mr. WervLer, avvd Mr. Ei-sevvzi,mmer covvcLu.ded that the petitLovv circulators should be covLtacted a1/Loh that saturdauiawuart., 2y-t" at 10:00 am thee would meet. Ms. Freeburg felt that b j havivtg the co t'vdttee meet to review the LavLguage, that would cover the vveed to do a wtaLLwLg. Ms JorgevvsovL stated she felt that a Letter should stLLL be sevLt to the resistevIts im,forvulvte them that the covikvikittee vwet, reviewed av of worl-zed with the city to cLarL fj the Lavtguage. she felt that Lt was essevLtial that the resLdevLts uvLderstaIAA that the petitiovt committee pLaued a Sze` role LvL the LavLguage clarLfvicatiovL. Mr. K.vtaalz asi-zed for a covvsevvsus ovL the Lavvguage as he had drafted it •• awd aslzed for a verbal ues or vLo as to the Lavvguage. Mr. ELsevLzivu.v&er was the ovvLt,,, LvLdLvLdual that felt uvvcowt.fortabLe with the LavLguage. 1-10-01 Page 3 The jroup vvLderstood that the ori.g1,14,aL dra ftivLg comvvtittee members would be cotAtacted about meetCv1,9 owJavtuarj 27-th a1A,9( that the LavteuaSe hopeful j would be presetnted as reviewed toda j, to the charter COVIA.VVt. ssl,ovL ovkJavtuarj Meeti,Vt,g adjourvted at &:25PM. MEMORANDUM TO AD-HOC COMMITTEE ON CHARTER IMPLEMENTATION FROM: Frederic W. Knaak, Fridley City Attorney DATE: December 27, 2000 (NOTE: This document is intended to be Attorney-client Privileged Information) SUMMARY The Ad-Hoc Committee consisting of key and active participants in the Fridley Charter Amendment process met for the second time on December 20, 2000, in the City Offices. The purpose of the group remained to examine issues related to implementation of the recently adopted language to the Fridley City Charter. The basis of the discussion of the second meeting was a draft of language written by me to determine whether some drafted language could usefully clarify areas where the currently adopted Charter language could potentially raise unintended, negative consequences on matters of routine City administration. If a consensus on this language could be developed, it would be hoped that the language could be brought forward to the Charter Commission and the City Council and incorporated into the language. �-. The key premise of the discussions was that no substantive change to the newly adopted language would be suggested or advised where it was evident that voters could have clearly intended the language and its consequences. On this point, it was quite quickly agreed to drop the language offered for discussion purposes on the question of whether the new language requiring a 51% majority of all persons voting for approval of a new fee or tax (the "supermajority requirement") should be changed to a majority of persons voting on the question. This was a substantive change that members of the group felt was clearly understood by the voters and would not properly be part of any recommendation. On the other hand, a consensus quickly grew that there was no discussion nor intention that the new language was intended to affect other governmental units located within the City, including the Fridley HRA, school districts and similar entities owing their independent existence to authority outside of the City Charter. A concern was raised,however, that the language suggested, which included the term"subdivision of the City", might be construed to permit the City to circumvent the restrictions of the new language if new legislative authorization was obtained that might make that possible. To avoid this possibility, this language was deleted. The suggested paragraph amending Paragraph 3D would now be as follows (and includes further, suggested restrictive language): For the purposes of this subsection, "city" includes the City itself, and all of 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 other body of government owing its existence to separate constitutional or statutory authority regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. More difficulty was presented with consideration of the language having to do with impairment of the full faith and credit of the City. A concern was raised that the City might, at some point in the future, attempt to avoid a voted tax increase by using bonds to finance its operations and to raise taxes to pay for the bonds without a vote, under the suggested language. I pointed out that this was not a legally authorized use of the City's bonding authority under State law. Clarifying language on this sensitive point might take the following form (this is all new language---underlined language is designed to address this specific issue): Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligations 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. There was no discussion on the definitional language issues related to the term "fee". I have requested that participants in the Ad-Hoc group contact me directly with any suggestions they might have in this area prior to the next discussion. Once again, I am hopeful that the Committee will'continue to find this language and these suggestions a useful tool in its efforts. I hope all members of the group will feel free to contact me with any further suggestions they might have that could be incorporated into the working discussion draft prior to the next meeting. Respectfully Submitted, Frederic W. Knaak Fridley City Attorney 2 • • rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. Other Units of Government On of the clearest and most immediate areas of agreement stemming from the initial discussions was in the area of application of the Amendment exclusively to the City only and not any other governmental body operating independently of the City. I would suggest, for purpose of discussion, the following: D. For the purposes of this subsection, "city" includes, beta-is the City itself,end all gilts departments and agencies, , within-Ehe city that are organized to exercise the "Powers of the City"as defined in Chapter 1 of this Charter. " City shall not include any subdivision or body of government owing its existence to separate constitutional or statutory authority. Supermajoritv Requirement Once again, from the discussion, it would appear that the understanding of those involved in the Amendment process intended primarily for the voter approval for fee and charge increases to be by a majority of citizens voting on the subject. To that end, I would suggest, for discussion purposes, the following: (Modify Paragraph 2D as follows:) D. The addition tax levy shall take effect if a majority§moo of the votes cast on that question at said election are in favor of its adoption. I am hopeful that the Committee will find this language useful in its analysis of the issues involved in implementing the newly amended Charter language. It is the intent behind these suggestions that they serve as a focus for the discussion,not as any final, complete or recommended draft by the Committee to any formal body at this early stage of its efforts. Ideally, this language would not be seen as suggesting material changes to the amended Charter that are inconsistent with the intent and spirit of the proposal accepted by the voters of Fridley. • • law authorizes a City to impose is called a"fee"in the statute. We are aware of no other instance where this has occurred. The consensus appeared to be that the new language was not intended to impact fees for routine services provided by the City in the usual course of its business that were otherwise restricted by Minnesota law. It was intended to affect general charges not related to services provided in specific instances. Nor was it apparently the intention to include all discretionary monetary amounts that may be imposed in isolated cases, either by negotiation, contract or other means. Given the evident mistrust of the City's intentions that precipitated the Amendment, great care must clearly be given to any suggested changes in this area so as not accomplish any unintended consequences without impeding the plainly restrictive intentions of the new language. My suggestion would be as follows: (Modify Paragraph 3 as follows:) Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. • r4- For purposes of this subsection the term "fees" includes; sales and use taxes; : . . . • eiterse•by-eifnevemment 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. )9; For the purposes of this section, 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.fees for the operation of junk yards. annual license fees for the operation of pawn shops and other regulated businesses. and any other charge for services. including health and safety-related Code enforcement. and other goods 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 value of the cost of the service being provided. The term 'fees"shall not include any special assessments made under Minnesota Statutes §429. 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 • I look forward to working with you in this matter. yes full Subm' ed, • • • • • MEMORANDUM TO AD-HOC COMMITTEE ON CHARTER IMPLEMENTATION FROM: Frederic W. Knaak, Fridley City Attorney DATE: December 27, 2000 (NOTE: This document is intended to be Attorney-client Privileged Information) SUMMARY The Ad-Hoc Committee consisting of key and active participants in the Fridley Charter Amendment process met for the second time on December 20, 2000, in the City Offices. The purpose of the group remained to examine issues related to implementation of the recently adopted language to the Fridley City Charter. The basis of the discussion of the second meeting was a draft of language written by me to determine whether some drafted language could usefully clarify areas where the currently adopted Charter language could potentially raise unintended, negative consequences on matters of routine City administration. If a consensus on this language could be developed, it would be hoped that the language could be brought forward to the Charter Commission and the City Council and incorporated into the language. The key premise of the discussions was that no substantive change to the newly adopted language would be suggested or advised where it was evident that voters could have clearly intended the language and its consequences. On this point, it was quite quickly agreed to drop the language offered for discussion purposes on the question of whether the new language requiring a 51% majority of all persons voting for approval of a new fee or tax (the "supermajority requirement") should be changed to a majority of persons voting on the question. This was a substantive change that members of the group felt was clearly understood by the voters and would not properly be part of any recommendation. On the other hand, a consensus quickly grew that there was no discussion nor intention that the new language was intended to affect other governmental units located within the City, including the Fridley HRA, school districts and similar entities owing their independent existence to authority outside of the City Charter. A concern was raised,however, that the language suggested, which included the term"subdivision of the City", might be construed to permit the City to circumvent the restrictions of the new language if new legislative authorization was obtained that might make that possible. To avoid this possibility, this language was deleted. The suggested paragraph amending Paragraph 3D would now be as follows (and includes further, suggested restrictive language): For the purposes of this subsection, "city" includes the City itself, and all of 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 other body of government owing its existence to separate constitutional or statutory authority regardless of whether that other body of government has jurisdiction or performs duties and services within the boundaries of the City. More difficulty was presented with consideration of the language having to do with impairment of the full faith and credit of the City. A concern was raised that the City might, at some point in the future, attempt to avoid a voted tax increase by using bonds to finance its operations and to raise taxes to pay for the bonds without a vote, under the suggested language. I pointed out that this was not a legally authorized use of the City's bonding authority under State law. Clarifying language on this sensitive point might take the following form (this is all new language---underlined language is designed to address this specific issue): Nothing in this provision shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligations 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. There was no discussion on the definitional language issues related to the term "fee". I have requested that participants in the Ad-Hoc group contact me directly with any suggestions they might have in this area prior to the next discussion. Once again, I am hopeful that the Committee will continue to find this language and these suggestions a useful tool in its efforts. I hope all members of the group will feel free to contact me with any further suggestions they might have that could be incorporated into the working discussion draft prior to the next meeting. Respectfully Submitted, Frederic W. Knaak Fridley City Attorney 2 , rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. n Other Units of Government On of the clearest and most immediate areas of agreement stemming from the initial discussions was in the area of application of the Amendment exclusively to the City only and not any other governmental body operating independently of the City. I would suggest, for purpose of discussion, the following: D. For the purposes of this subsection, "city"includes, l the City itself,end all Q(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 subdivision or body of government owing its existence to separate constitutional or statutory authority. Supermajoritv Requirement Once again, from the discussion, it would appear that the understanding of those involved in the Amendment process intended primarily for the voter approval for fee and charge increases to be by a majority of citizens voting on the subject. To that end, I would suggest, for discussion purposes, the following: (Modify Paragraph 2D as follows:) D. The addition tax levy shall take effect if a majority§moo of the votes cast on that question at said election are in favor of its adoption. I am hopeful that the Committee will find this language useful in its analysis of the issues involved in implementing the newly amended Charter language. It is the intent behind these suggestions that they serve as a focus for the discussion,not as any final, complete or recommended draft by the Committee to any formal body at this early stage of its efforts. Ideally, this language would not be seen as suggesting material changes to the amended Charter that are inconsistent with the intent and spirit of the proposal accepted by the voters of Fridley. law authorizes a City to impose is called a"fee"in the statute. We are aware of no other instance where this has occurred. The consensus appeared to be that the new language was not intended to impact fees for routine services provided by the City in the usual course of its business that were otherwise restricted by Minnesota law. It was intended to affect general charges not related to services provided in specific instances. Nor was it apparently the intention to include all discretionary monetary amounts that may be imposed in isolated cases, either by negotiation, contract or other means. Given the evident mistrust of the City's intentions that precipitated the Amendment, great care must clearly be given to any suggested changes in this area so as not accomplish any unintended consequences without impeding the plainly restrictive intentions of the new language. My suggestion would be as follows: (Modify Paragraph 3 as follows:) Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. t•- For purposes of this subsection the term "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. For the purposes of this section, 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.fees, for the operation ofjunkyards. annual license fees for the operation of pawn shops and other regulated businesses. and any other charge for services. including health and safety-related Code enforcement. and other goods 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 value of the cost of the service being provided. The term 'fees"shall not include any special assessments made under Minnesota Statutes ¢429. 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 �` t. • I p _ I look forward to working with you in this matter. tháaak Res ctfull Subm' ed, 2003 Charter Commission Membership Name/Address Phone e-mail address Appointed Term Expires Borman,Peter (h)763-571-4479 Peter.borman@qwest. 12-03-03 11-24-07 120 River Edge Way com 55432 Findell,Donald (h)763-571-0467 donfinder @aol.com 6-16-97(v) 5-11-01 6850 Siverts Lane (w)Fax 763-571- 2-21-01 (1) 5-1-05 55432 7386 Char Fitzpatrick (h)572-9615 imchocann @aol.com 5-7-02(v) 2-21-05 5273 Horizon Drive NE 55421 Garcia,Daniel (h)763-571-1642 12-03-03 11-24-07 6471 5th Street NE 55432 Gerrety,Anita (h)571-5586 anitaandtome(a,msn.co 4-22-02(1) 4-22-06 1602 Woodside Court (w)952-942-9110 m 55432 Gordon,Craig (h)574-9807 2-8-99(v) 5-11-01 PO Box 32622 (w)571-4959 2-21-01 (1) 5-1-05 55432 Heck, Scott"Harry" (h)572-0677 scotandloriamsn.com 2-21-01 (1) 2-21-05 6032 2 1/2 Street NE (w) 55432 Holm,William (h)784-7052 holm(aigoldengate.co 4-26-96(v) 5-24-99 7424 Melody Drive NE (w) m 4-9-99(1) 5-24-03 55432 5-23-03 5-24-07 Johnson,Janet (h)571-8359 jjohnson @mediation.s 4-22-02(1) 4-22-06 1579 Briardale Road (w)651-649-5426 tate.mn.us 55432 Jorgenson,Nancy (h)571-1648 Njorgenson @aol.com 2-21-01 (1) 2-21-05 5730 Polk Street NE (w) 55432 Kathleen Linder (h)572-9348 02-19-04 02-13-08 728 58th Avenue NE 55432 Monden,Deborah (h)783.3575 DWmonden(21 netscape 4-9-99(v) 1-24-03 211 79th Way NE,#2 (w) .net 3-26-03 (1) 3-24-07 55432 Soule,Cynthia (h)572-9666 csoule @elcabop.org 6-16-97(v) 5-11-01 7838 Firwood Way (w)612-752-4101 2-21-01 (1) 5-1-05 55432 Van Dan,Francis (h)571-3177 bimipula @juno.com 5-5-95 (v) 5-11-97 6342 Baker Avenue NE (w) 97?(1) 5-11-01 55432 2-21-01 (2) 5-1-05 Vacant D. Warren 3-15-02(1) 3-15-06 Vacant S. Warren 3-24-03 (2) 3-26-07 n 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 n 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) n 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) , 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: 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. Sinking Fund or Money set aside in a special account for the purpose of redeeming or "debt reserve fund" retiring bonds. Suspense Fund Dictionary.com/mandamus Page 1 of 2 mandamus Look it up Dictionaty.cor>n Dictionary :12 -thesaurus Home Premium: Sign up Login E 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 mandamus P Pronunciation Kcy (man-damas) Law your field advance n. their careers with 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 College Money! Find information on tr.v. man•da•mused, man•da•mus•ing, mandamuses more than 600,000 scholarships! To serve or compel with such a writ. Improve your fluency [Latin mandamus, we order (used in such a writ), first person pl. With Champs- present tense of manda-re, to order. See man-2 in Indo-European Elysees Roots.] Audiomagazines in French, German, [Download or Buy Now] Italian or Spanish! Source: The American Heritage® Dictionary of the English Language, Fourth Edition Copyright ©2000 by Houghton Mifflin Company. Pree Toolbar! Published by Houghton Mifflin Company. All rights reserved. Find the answers fast with the mandamus Dictionary.com Toolbar andarnus: log in for this definition of mandamus and other entries 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. Superszc your brainTM n Subscribe to Dictionary.com Source: 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] Source: WordNet® 1.6, © 1997 Princeton University Perform a new search, or try your search for "mandamus" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more • AskJeeves.com -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 1_)ictionary Ihesaurus Home 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. Improve your suspense account 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 Audiomagazines in expectation, with anxiety or apprehension; indetermination; French, German, indecision; as, the suspense of a person waiting for the verdict of a Italian or Spanish_! Jury. Ten days the prophet in suspense remained. --Denham. Free Toolbar! Find the answers Upon the ticklish balance of suspense. --Cowper. fast with the Dictionary.com 2. Cessation for a time; stop; pause. Toolbar A JI suspense from pleasure and from pain. --Pope. http://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 branTM 'ension, as when the rent or other profits of land cease by unity of Subscribe to h ,ession of land and rent. Dictionary.com Premium for exclusive Suspense account(Bookkeeping), an account in which receipts or features & services! disbursements are temporarily entered until their proper position in the books is determined.Source: Webster's Revised Unabridged Dictionary, © 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 1M[MOUND MN CitlV IC,' Perform a new search, or try your search for "suspense account" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more University of • AskJeeves.com-Get the top 10 most popular sites 401Er Phoenix • eLibrary- Search thousands of newspapers and magazines Earn a degree . .._.. ... • Google - Search the Web for relevant results Bachelor's Degrees • Google Groups-Search Usenet messages back to 1981 • Merriam-Webster- Search for definitions i,rlaster s Degrees • Roget's Thesaurus-Search for synonyms and antonyms Get the FREE Dictionary.com Toolbar for your browser now! From the makers of Dictionary.com http://dictionary.reference.com/search?q=suspense%20account 1/22/2004 Dictionary.com/implicitness Page 1 of 3 implicitness Look it up Dtcttonaty.cotn Dictionary C Thesaurus Home Premium: Sign up I Login You are visitor #857336 to this site CONGRATULATIONS! YOU'VE WON! QiiP sre v' 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 im•plic•it [ 1 Pronunciation Key (lm-pl is it) your field advance adj. their careers with �.� University of 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 Free College Money! apparent: "Frustration is implicit in any attempt to express the Find information on deepest self' (Patricia Hampl). more than 600,000 3. Having no doubts or reservations; unquestioning: implicit scholarships! trust. Improve your fluency [Latin implicitus, variant of implicatus, past participle of With Champs- implicare, to entangle. See implicate.] Elysees Audiomagazines in im•plicit•ly adv. French, German, Italian or Spanish! im•plic it•ness n. [Download or Buy 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 in,t,iicitness http://dictionary.reference.com/search?q=implicitness 1/22/2004 Dictionary.com/implicitness Page 2 of 3 .N. \Im*plic"it*ness\, n. State or quality of being implicit. Supersize your bra nT"' Subscribe to Dictionary.com Source: Webster's Revised Unabridged Dictionary, © 1996, 1998. MICRA, Inc. Premium for exclusive e ro i r features & services t ro 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 re46 T,:,Cf FDIC Perform a new search, or try your search for "implicitness" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more University of P PP • AskJeeves.com -Get the top 10 most popular sites 4 416, PhoerUX' • eLibrary- Search thousands of newspapers and magazines Earn a degree • Google - Search the Web for relevant results Bachelor Degrees • Google Groups-Search Usenet messages back to 1981 • Merriam-Webster- Search for definitions rlaster:, Degrees • Roget's Thesaurus - Search for synonyms and antonyms n Get the FREE Dictionary.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 Dictionary.com (Dictionary C Thesaurus Home Premium: Sign up 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 "implosive"_ 2 entries found for implosive. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in implosive P Pronunciation Key (1m-ples lv) your field advance n. their careers with University of A stop consonant pronounced with the breath drawn in. Phoenix. Free College Money! im•plo sive adj. Find information on more than 600,000 [Download or Buy Now] scholarships! Sou rce: 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*p10"sive\, a. (Phon.) Formed by implosion. -- n. An implosive French, German, sound, an implodent. -- Im*plo\"sive*ly, adv. --H. Sweet. Italian or Spanish! Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 Free I oolharl Find the answers MICRA, Inc. fast with the Dictionary.com Toolbar http://dictionary.reference.com/search?q=implosive 1/22/2004