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CHA 02/25/2008 ,..� TO: Charter Commission FROM: Debra A. Skogen, City Clerk Date: February 20, 2008 CITYOF FRIDLEY Re: Charter Commission Meeting of February 25, 2008 Please find attached the memo and proposed ordinance pertaining to your amendments to the charter for Chapters 2 through 6. After reviewing all of the amendments made prior to 2008, I made two changes to the text given to you at the meeting. Section 4.05 Ordinance 1230 was drafted in 2006 regarding Section 4.05 Election Judges. The changes are very similar to the suggested changes so I deleted this section in the proposed ordinance. Section 6.06 I reviewed the minutes and the proposed changes we discussed at the meeting and I added a few words (advertisement for)to make the language a little clearer, as I think that has the interpretation prior to the suggested changes by Bill. We have forwarded the memo and proposed draft ordinance to the City Council today for their review. I will keep you posted on their comments and input. Replacement pages for Chapter 4, Chapter 7 and Appendix B for your books are also provided within this packet. Remember,the Charter Commission policy requires a member to call me at 763-572-3523 or e- mail me at skogend @ci.fridlev.mn.us before 8:00 a.m. Monday, February 25th, as to whether or not they plan on attending the meeting. If I am unavailable at the time of your call,please leave me a voice mail with your message. If there will not be a quorum,those Commissioners who called will receive a phone call notifying them there will not a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, February 25, 2008 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES January 28,2008 3. Administrative Matters A. Nominations Committee Report for 2008-09 Officers B. Recommendation of Appointment for New Charter Commission Member 4. Proposed Ordinance Amendment Chapters 2-6 5. Discussion of Chapter 7 6. Discussion of Chapter 8 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, March 24, 2008, at 7:00 p.m. in Meeting Room 1 in the Lower Level r CITY OF FRIDLEY CHARTER COMMISSION MEETING January 28,2008 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: Members Present: Borman,Braam, Hoiby,Holm,Kirkwood,Linder,Reynolds,Scholzen,and Soule Members Absent: Findell,Gordon,Jorgenson,Kranz,Plummer,and Ryan Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Chairperson Borman added the reappointment of Commissioners Linder and Braam as Item B to Administrative Matters Commissioner Braam MOVED and Commissioner Reynolds seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF NOVEMBER 26,2007,CHARTER COMMISSION MINUTES: Commissioner Braam MOVED and Commissioner Reynolds seconded a motion to approve the November 26,2007, Charter Commission Minutes with the correction of the attendance. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Appointment of Nominating Committee for 2008-09 Commissioners Bill Holm and Gary Braam were appointed to serve with Commissioner Borman on the nominating committee for 2008-09 officers. B. Reappointment of Commissioners Braam and Linder Commissioner Kathleen Linder and Commissioner Gary Braam's terms are ending in 2008. The Commissioners were asked if they would like to serve another term. Commissioner Braam said yes and Commissioner Linder said no due to other commitments. Commissioner Hoiby MOVED and Commissioner Reynolds seconded a motion to reappointed Gary Braam to the Charter Commission for another term. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Borman and the other Commissioners thanked Kathleen Linder for her service and commitment to the City and wished her good luck. CHARTER COMMISSION MEETING OF JANUARY 28,2008 PAGE 2 Deb Skogen will review previous applications from individuals who had expressed an interest in serving and forward them to the Commission next month. 2. PROPOSED ORDINANCE CHAPTERS 2 THROUGH 4 Deb Skogen provided the Commissioners with and updated draft ordinance for Chapters 2-4. She noted that after the last meeting she had also included Chapters 5 and 6 to be included in the draft ordinance. Commissioner Reynolds wondered if each chapter could be presented separately versus all together in case the City Council objected to a specific portion. Deb Skogen said the Commission could present all of the changes at a public hearing and the ordinance could be changed based on the testimony and direction of the council. The language can be amended before the first or second reading. Carol Hoiby said in the past there were a lot more changes and it took longer to get through so things were done one at a time. Commissioner Holm said when it was presented,the Commission should let the Council know it is being recommended as a whole and if there was anything the Council would object to,they could to let the Commission know so it could be removed. Commission Braam MOVED and Commissioner Kirkwood seconded a motion to remove the proposed ordinance from the table and to include chambers 5 and 6. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Staff was directed to send the proposed ordinance to the City Council for their review and input prior to the next Charter meeting. The Commission would then review the comments and recommend it be forwarded to the City Council for their action. 3. REVIEW AND DISCUSSION OF CHAPTER 5 and 6 The commissioners re-reviewed the changes that were made to Chapters 5 and 6. Staff was directed to review the chapters for consistency and change"no"to"nay"wherever needed. Commissioner Holm recommended changing Section 6.06 to the following: Section 6.06 Contracts,How Let "In all cases of contracts for the purchase,rental,or lease of merchandise,materials or equipment;or for any kind of construction work undertaken by the City,which require an expenditure of more than that which is set by State Statutes, . • • • • . . . . • •• • • • • • • . • • -• • . ,the City Manager shall advertise for bids by at least ten(10)days published notice in the official newspaper or other means authorized by state statute. In accordance with Section 3.06 of the city charter the city council has the authority to for go this requirement for bids." 4. DISCUSSION OF CHAPTER 7 Due to the length of Chapter 7, it was determined Chapter 7 would be discussed during the next meeting. 5. DISCUSSION OF FUTURE ITEMS Discussion of nominating committee report,recommendation of appointment of a new Charter Commission member, review of proposed ordinance and council comments,Chapter 7 and Chapter 8. CHARTER COMMISSION MEETING OF JANUARY 28,2008 PAGE 3 ADJOURNMENT: Commissioner Hoiby MOVED and Commissioner Holm seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:56 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby, Secretary City Clerk/Staff Liaison February 1, 2008 Charter Commission Nominating Committee Chairperson Borman appointed Commissioners Gary Braam and Bill Holm to serve on the Nominating Committee with him on January 28, 2009. The Nominating Committee met and offers the following nominations to serve for 2008-09: Chair Peter Borman Vice Chair Cindy Soule Secretary Carol Hoiby All three members have agreed to serve if elected. far CIIYOF Commissioner Application Name 0 b 1 f1 LftbO Address f 1 a vt Home Phone 7 Le — ` , U — '7 3 Number of Years (Months Fridley Resident) 1 0 Try Employer t f 0-P M pl.5 Work Phone LQ ( • — `Q I S " 71 -1 55 Address 50 So Zip S5 e/5 Does your work require you to travel V' C1 1tiQ I How Often? Do you have any special interests or training that you think a particular commission could use? .% .2.. F ' 4 ._ La ILI. _I. • • A.0.4..0.4,..� _.. LLB. L , . ..1 .S .1_4 I A.Ali 1 ,1 J W `ate./AAS .Lf►. __A ' 1 J �f� ,• ..•Lk_ .1I(1ll.1■ • , —_.i&I� L` Alif1 I„I .1 I .l I • Please Indic.te which commission(s) you w ld like to become a member of: harter Co 'ssion —3 —3 - 01$ Signature Date �Cz�(' j 2'c; aria Commissioner Application Name Tl C Lk( N C �S Address if(Fa V a Y S - /0- E Home Phone C- ( 1Z- (f3-ZYS y �j,c..e P1onL Number of Years (Months Fridley Resident) 190-1 f 77 ; Dec- 2bo — 'Pres Li- Employer A-JJoci.� o� �fviciJ,(y`c✓ '-Plvc 1� Work Phone (� J) - a? v 1-B 7S- 3 Address 3(J(,C 4e �•n�f�.. t �� _ .U. s 1- ?o0 Zip / 2 S — Does your work require you to travel LiLL W e cic 01`"``""4 How Often? z - V Do you have any special interests or training that you think a particular commission could use? L. Ae- (otiftc c_L-s g)r /al 6 c�y!'le.ry.F S ,) ls,.� I N t-*rper}n,c.Q $ Please Indicate which commission(s) you would like to become a member of: . Charter Commission 3/ 2/6c, c Signature Date 3-4. - r�( 1111F: , j F. FRIDLEY Commissioner Application Name D e°� V V Mpi Address 94 2- (0 y-14, A V&it/ Fr )/wy,✓U1,C Home Phone Iii 3 , ' 9S5 Number of Years (Months Fridley Resident) / Employer R e�"I h mod. n Work Phone -7(P 3 5-/Y 9,s31. Address _ 2- 6 fi, YG`J Zip hyd/el Ai / 55-171.3 .2 ' 1Z1-WT Does your work require you to travel �® How Often? Do you have any special interests or training that you think a particular commission could use? Please Indicate which commission(s) you would like to become a member of: Charter Commission W W 3 - 3 - o6 Signatur Date /2i - -6 TO: William W. Burns, City Manager City Council Members _ FROM: Peter Borman, Chairperson Debra A. Skogen, City Clerk Richard D. Pribyl, Finance Director CITY OF FRIDLEY Date: January 31, 2008 Re: Proposed Ordinance Amending City Charter During the past year the Fridley Charter Commission has been reviewing the City Charter Chapter by Chapter for consistency and terminology to try to bring the Charter into the 21St century and to make it easier for citizens to understand. Staff has provided examples of other city charters as well as pertinent state statute citations or language to help the Commissioners in their decision-making process. The Commission has completed their review of Chapters 1 through 6 at this time and staff has prepared an ordinance with the recommended amendments to the Charter. Chapter 1 —the Commission reviewed the chapter and found there was no need for any changes at this time. Chapter 2 Section 2.02.1 - added language for further clarification; Section 202.6—changed language to make it consistent with state language Chapter 3 - Section 3.01 —since most conference meetings are done at the same time as the city council meetings,the Commission felt the language in the charter should be changed to reflect that activity. It also does not limit the Council from adding additional conference meetings. Section 3.02—changed choose to approve as the secretary is usually recommended by the City Manager. Section 3.04—changed noes to nays Section 3.06—changed noes to nays Section 3.10—due to the advanced technology and the city clerks role to maintain the city code in electronic form, the Commission agreed to change codification from 5 to 10 years. Chapter 4 Section 4.02—language remains basically the same, with the exception of changing regular to general, as to keep the terminology consistent with the state statute. Section 4.08—changed the language to reflect current state law or procedures pertaining to primary and general elections. Page 2 Chapter 5 Section 5.02—change the word pecuniary to monetary and changing the sentence structure. Section 5.07—changing 49 days to 53 days to make it consistent with state law Section 5.12.1 —new language to clarify referendum repealing charter amendment is set forth in MN statutes Section 5.12.2—just renumbered and new title Section 5.13.4—slight language change without changing meaning Section 5.14 - changing 49 days to 53 days to make it consistent with state law Section 5.19 - changing 49 days to 53 days to make it consistent with state law Section 5.21 —this section was changed by removing language at the bottom of the paragraph and bringing it to the top of the paragraph. This will hopefully clarify what to do if an officer resigns or what to do if an officer does not resign. Chapter 6 Section 6.06—inclusion of rental or lease language and change or restructuring of language pertaining to emergency ordinance. The Charter Commissioners would like to provide the City Council the ability to review the proposed ordinance and provide the Charter Commission with any feedback before their February 25, 2008, Charter Commission meeting. If there are any issues that appear to be objectionable to the City Council, the Commission would prefer to remove that issue(s) and deal with it separately rather than sending the whole amendment forward only to have it rejected by the City Council. Thank you for taking the time to review our proposed draft ordinance and we look forward to working with you on this. ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER,CHAPTER 2. CITY COUNCIL ORGANIZATION,CHAPTER 3. PROCEDURE OF COUNCIL, CHAPTER 4. NOMINATIONS AND ELECTIONS, CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL AND CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS After consideration and recommendation of the Fridley Charter Co., sion, the Fridley City Council hereby ordains, after findings, review, and examination,yat the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 2 OF THE FRIDLEr HOME tLE CHARTER BE HEREBY AMENDED AS FOLLOWS: vM' CHAPTER 2. CITY COUNCIL yYORGANIZATION 4w1 : SECTION 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of Mayor and four (4 x Councilmembers who shall be eligible voters as defined by Section SectiOVIMA of this Charts %e Ord. 1031) 6. The Council shall •= o . - , °' ro " - . e . ! serve as the canvassing board fo 'elections. SECTION 2: THAT' CHAPT 3 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDE FOLLOWS: ,aw CHAPTER °DURE OF COUNCIL SECTION 3.01. COU da,MEETINGS 3. Fiiii me to time thei,4unciliccay hold conference meetings at which matters are discussed but no format motion is taken -:Most conference meetings should be scheduled at the same time as the City Count lschedule':is made by resolution. titi9, Section 3.02. SECRET " OF COUNCIL. The Council shall cheese approve a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council,to act as Secretary of the Council. (Ref. Ord. 1071) Section 3.04. ORDINANCES,RESOLUTIONS AND MOTIONS. Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing and read in full at a Council meeting. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and nees nays shall be recorded unless the vote is declared unanimous. An affirmative vote of at least three (3) members of the Council is required for the passage of all ordinances, except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting, exc ®`. otherwise provided in this Charter. (Ref. Ord. 1074) `%4 Section 3.06. EMERGENCY ORDINANCES. S4sv�Y e, � F�`xtM 1. An emergency ordinance is an ordinance necessary or the nnin a preservation of the public peace, health, morals, safety or welfa =in which the emerge._is defined and declared, and which is passed by a vote of least three (3) members 1*,Council, as recorded by ayes and nees nays. °' Section 3.10. CODIFICATION OF ORDINANCES. The ordinances of the City shall, at interval ore than ty o�` t�Tn five40*, �(10) years, be rearranged and codified with such additions and deletions as° #a. deemed necessary by the Council. The n codification shall be published in book or'continua :'+ vised loose-leaf form or stored by electronic means such as a,computer. Copies of t Code Ordinances or any portion of it ° shall be made available i Ecil at the office of the City`Clerk for general distribution to the public at a reasonable ,; rge. Each copy shall contain a printed certificate attested to by the City Clerk,that the publication correc and each copy so published shall be received in evidence in all courts for the purpose of* vid ° ordinance 'contained in it, the same as if the original ordinances weremduced in '44 Ekti SECTION THA' a TO � ����0y THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED A '-OLLOW 0 CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.02. REGULAR MUNICIPAL ELECTIONS. ' - •• • •• ' = • • - Oen the first Tuesday after the first Monday in November municipal general elections shall be held, at such place or places as the City Council may designate by resolution. Regulaf General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1)voting precinct and no precinct shall be in more than one (1) ward. At least fifteen(15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1)public place in each voting precinct and by publishing a notice thereof at Ordinance No. Page 3 least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919) Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. If more than two candidates filed for office, the Council shall meet and canvass the primary election returns within two (2) calendar days after any primary election,. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall be certified by the city clerk to the County Auditor ho shall place them on the municipal general election ballot without partisan designs ion The Council shall meet and canvass the general (regular) election or special election returns within seven (7) calendar days after any regular or special election, shall make full drat` °° f the results, and file a statement thereof with the City Clerk. Said statement shall be` made a' of the minutes. This statement shall include: (a) the total number of good ballots t:(h)the tot 3 ,tuber of spoiled or defective ballots; (c) the vote for each candidate, wig O thy `declaration of those ���a�e elected; (d) a true copy of the ballots used; (e)the names of the 0,04,9§,of election; and (f) such```` ,information as may seem pertinent. The City Clerk shall forthwith fy all, ersons elected of fact of their election, and the persons elected shall take office at the°'terovided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required*of office. (Ref. Ord. 592) SECTION 4: THAT CHAPTER 5 OF`w FRIDLEY Ill E,,,RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 5.k INITIATIVE, REFERENDUM RENDO,AND RECALL Section 5.02. Ex en ,es by Pe ners `' P �.�' Y Petitioners No member of any initiative ref um, or recall committee, no circulator of a signature paper, and no signer-off y uch pap' or any`'os'on, shall accept or offer any reward, pest monetary or'ot e fr service rendered in connection with the circulation thereof., but'this shall n t prevent the co ee frakpaying for legal advicei and from incurring an expense not to excee 200 for stationery,copying printing, and notaries fees..." yc .x'. Section 5.07. lion of the Council on Petitions When the completgipetiticOis found to be sufficient, the City Clerk shall transmit the initiative petition to the Council t "s next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen percent (15%) of the total number of Ordinance No. Page 4 registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than forty nine (A9) fifty-three (53) nor more than sixty (60) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council,the ordinance need not be submitted to the electorate. (Ref Qrd 857, 1142) i.4 Section 5.12. FILING OF REFERENDUM PETITIONS 1. REFERENDUM PETITION PROPOSING4REPE OF CHARTER AMENDMENT requirements for the purpose of petitioning for a referendum repealing a charter amendment are set forth in Minnesota Sties. e 2. REFERENDUM PETITION PROPOSING REPEAL OF'AN ORDINANCE Within five (5) days after the filing of the completed completiOferendum petition, the City Clerk shall ascertain by examination th6.,44,mber of signatures pended thereto and whether this number is at least fifteen percent(15% .yof the total niter of registered voters, as of January 1st of that year. If the City rk n ,k erpetition i cient or irregular, the City Clerk shall at once notify one (1) or more of the: ittee of sponsors of that fact, stating the reasons for the insufficiency or irrlty. Thee� ittee shall then be given thirty (30) days in which ft ditional signo re papers and to correct the petition in all other particulars. If the end. f that periodtpe petition is found to be still insufficient or irregular, the'pe n shall filed in the Cam,Clerk's office, no further action shall be taken, and the ordinance will TIIAgq9rne effect e immediately or on the date specified. The City Clerk.sh,all notify e member f the: ommittee of that fact. (Ref. Ord. 1142) Section s 13 REFERVIOIJM PE `. IONS: SUSPENSION OF EFFECT ON ORDINANCE =tr; When a referendum petition'*filed with the City Clerk, the ordinance sought to be reconsidered shall be suspected from taking eect. Such suspension shall terminate when: 1. a is a final determination of insufficiency of the petition; or 2. The#,Otionef's committee withdraws the petition;or 3. The council repeals the ordinance; or 4. Upon seen days after canvass of election is completed when a majority of those voting tavors-the on any such ordinance vote in favor of it. Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and ee Bay vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon, not less than Ordinance No. Page 5 forty nine ('19) fifty-three (53) nor more than 60 days after such meeting, or submit the ordinance at the next regular municipal election. (Ref. Ord. 1142) Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less lesAlai forty nine (49` fifty- three (53)nor more than sixty (60) days after such meeting, but if an ' other election is to occur within sixty (60) days after such meeting, Council may e discretion provide for the Y ( ) Y g� � �.� p holding of the recall election at that time. (Ref. Ord. 1142) �` bwy h°''L.°n4 Section 5.21. FORM OF RECALL BALLOT. s.4r- ��K 1. If the officer sought to be recalled resigtvithin ten (10) days aft1heceipt by the Council of the completed recall petition, the it sh� eclare the offtc `vacant and shall then fill the vacancy for the unexpired term •a `orda'nce with the'~City Charters Section 2.06. 2. - - -• - - . - - • •= If the cer sought to be recalled does not resign within ten (10) days after,the 'r �t by the Council of the completed recall rr petition, the €e -ef question to be placed, the ballot a . eh the recall election referenced n in Section 5.19 of the C shall be: °� fir, � :���`' be recalled?", the name of the officer whose recall is sought inserted m the blank, and those voting shall be permitted to vote "Yes" or "No" u this q>s on. If a majority of those voting on the question of recall vote in favor of recall ( najorit ° oting_"Yes"), e`°officer shall be promptly removed from office. The Council shalle vacancy foe the unexpired term in accordance with the City Charter Sermon 2.06. "' a majority oe voting on the question of recall vote against recall (a majority v��"No , ,he officer shall continue in office with no further action require` -- - - •_. , , - . ! ,. - - -• - SECTION 5: THAT CHAPTER 6 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENS AS FOLLOWS: CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS Section. 6.06. CONTRACTS,HOW LET. In all cases of contracts for the purchase, rental, or lease of merchandise, materials or equipment, or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, ..-. , - ... .. - .. - - _ _ :. -- ~° ovide, the City Manager shall advertise for bids by at least ten (10) days published '- notice in the official newspaper or other means authorized by state statute. In accordance with Ordinance No. Page 6 Section 3.06 of the city charter the city council has the authority to for go this requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE GI Y OF FRIDLEY THIS DAY OF 200_. k St`x. ,.ti4 3.b SCOTTkLUND, MAYOR ATTEST: .°k.`, ,,� DEBRA A. SKOGEN, CITY CLERK ��%}> ' -ma s Public Hearing: V �;, � ` °`. First Reading:,,,, . *::: Second Reading: :,. ' ��:� . Published: � " S�, b4ti Vi: r S 'ti 4 ,,,,g;,,,,,}^} ChM ti xabp 44"4r `k 'q y, 'S4 4� n ns 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. Fridley City Charter Chapter 7 B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four(4) members of the Council which shall be presented as a clear and concise 'plain language' ballot question at the next regular municipal election. (Ref. Ord. 592, 1102 and 11/7/00 Amendment) D. The additional tax levy shall take effect if 51% of the votes cast at said election are in favor of its adoption. 3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. n A. For the purposes of this subsection, "fees" includes sales and use taxes, 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: Utility charges, 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 2 Fridley City Charter Chapter 7 n provided by the City to its citizens or ether members of the public which, by law, must be limited to the actual cost of e service being provided. The term "fees" shall not include any special assessm:nts made under Minnesota Statutes Section 429. (Ref Ord 1152) C. For the purposes of this subsection, " -e increase" includes a new tax or fee, a monetary increase in an existing tax III fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee ..se,and an extension of an expiring tax or fee. (Ref Ord 1152) D. For the purposes of this subsection, " ity" includes the city itself and all its departments and agencies that are or:. ized 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 se'iarate constitutional or statutory authority outside of the Charter,regardless of hether that other body of government has n jurisdiction or performs duties and s:I ices within the boundaries of the City. (Ref Ord 1152) E. For the purpose of addressing natura disasters this subsection does not apply to any specific emergency measure authori •d 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 • all meet as such in the usual place for holding Council meetings to equalize the assessed valuatio is according to law, and a published notice of such meeting shall be given in the official newspa. r of the City at least ten (10) days prior to the day of said meeting. (Ref. Special Election 4/12/60, •rd. 592) Section 7.04. PREPARATION OF ANNUAL BUD ET. 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by 3 Fridley City Charter Chapter 7 each department to the City Manager. Each estimate shall be divided into three (3) major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2) preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted o the Council at its last regular monthly meeting in August and shall be published twice in summary in the official Publication prior to November 15. (Ref Ord. 625, Ord. 946) Section 7.05. PASSAGE OF THE BUDGET. The budget shall be a principal item of business at the last regular monthly meeting of the Council in August, and the Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in 4 Fridley City Charter Chapter 7 Section 7.04. The budget resolution as adopted shall be published in the official publication. Section 7.06. ENFORCEMENT OF THE BUDGET. shall be the duty of the City Manager to enforce strictly the provisions of the budget. The City Manager shall not approve any order upon the City Treasurer for any expenditure unless an appropriation has been made in the budget, nor for any expenditure covered by the budget unless there is sufficient unencumbered balance left after deducting the total past expenditures and the sum of all outstanding orders and encumbrances. No officer or employee of the City shall place any orders or make any purchases except for the purposes and to the amounts authorized in the budget. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring the expenditure. (Ref. Ord. 857) Section 7.07. ALTERATIONS IN THE BUDGET. After the budget shall have been duly adopted, the Council shall not have power to increase the amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed such estimates, and in that event, not beyond such actual receipts. The sums fixed in the budget shall be and become appropriated at the beginning of the fiscal year for the several purposes named therein, and no other. The Council may at any time, by resolution passed by a vote of at least four (4) members of the Council, reduce salaries or the sums appropriated for any purpose by the budget, or by vote of at least four (4) members of the Council authorize the transfer of sums from the unexpended balances of the budget to other purposes. (Ref. Ord. 946) Section 7.08. EMERGENCY APPROPRIATION IN THE BUDGET. 1. The Council shall have power to establish an emergency appropriation as a part of the budget, but not to exceed ten percent (10%) of the total budget. Transfers from the emergency appropriation to any other appropriation shall be made only by a vote of at least four(4)members of the Council. 2. The sums transferred to the several departments or divisions shall be considered as a part of such appropriations and shall be used only for the purposes designated by the Council. 5 Fridley City Charter Chapter 7 Section 7.09. LEVY AND COLLECTION OF TAXES. In accordance with Minnesota State Law,the Council shall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to the county auditor annually, not later than the date required by Minnesota Law, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. (Ref Ord. 625, Ord. 946) Section 7.10. TAX SETTLEMENT WITH COUNTY. The City Treasurer shall see to it that all moneys in the county treasury belonging to the City are promptly turned over to the City according to law. n Section 7.11. DISBURSEMENTS,HOW MADE. All disbursements shall be made only upon the order of the City Manager and City Clerk, duly authorized by a resolution or motion of the Council, and every such order shall specify the purpose for which the disbursement is made, and indicate the fund out of which it is to be paid. Each such order shall be directed to the Treasurer, and the latter shall issue a check payable to the order of the person in whose favor the order was drawn. The Treasurer shall issue no check upon any City funds except upon such order. In the discretion of the Council the order and check may be a single • instrument. No claim against the City shall be allowed unless accompanied by either an itemized bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance make additional regulations for the safekeeping and disbursement of the City's funds. The Council may by resolution or motion provide for the regular payment without specific individual authorization by the Council of salaries and wages of regular employees, laborers, and fixed charges which have been previously duly and regularly incurred. 6 Fridley City Charter Chapter 7 Section 7.12. FUNDS TO BE KEPT. There shall be maintained in the City Treasury the following funds: A. A general fund for the payment of such expenses of the City as the Council may deem proper. Into this fund shall be paid all money not provided herein or by statute to be paid into any other fund. B. A debt service fund, into which shall be paid all receipts from taxes or other sources for the payment of principal and interest of all obligations issued by the City except bonds issued on account of any local improvement to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. Out of this fund shall be paid the principal and interest of such obligations when due. Any surplus in such fund not needed immediately for debt service may be invested under the direction of the Council in such securities as are authorized by statute for the investment of such funds and such investments may be liquidated at any time. C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds issued by the City except bonds issued on account of any local improvement to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. A separate bond account shall be kept for each issue of such bonds. D. A special assessment fund, which shall be used to finance local improvements that are to be paid for, in whole or in part, from special assessments against benefited property. There shall be paid into this fund: (1) collections of special assessments, with interest, levied against benefited property; (2) proceeds of bonds or certificates of indebtedness sold by the City in anticipation of assessment collections and the proceeds of interfund loans; (3) amounts from other City funds representing either (a) apportionments of costs against the City at large, (b)benefit assessments against City property, or(c) appropriations to maintain the integrity of the fund. There shall 7 Fridley City Charter Chapter 7 be paid out of this fund: (1) all expenses and costs of the improvement projects that are financed through the fund; (2) the redemption of all special assessment fund bonds and certificates of indebtedness, with interest, at or before maturity, and any interfund loans; (3) transfers to the general fund of any unencumbered surplus of the fund, in the discretion of the Council; and (4) abatements of assessments and refunds of receipts in error. The Council shall maintain the integrity of this fund by appropriations from tax funds if necessary, and in addition may by ordinance create and maintain in the fund a cash reserve sufficient for working capital purposes. In order to anticipate the collection of special assessments the Council may by a majority vote issue and sell bonds and certificates of indebtedness, pledging the full faith and credit of the City, or pledging only special assessments, in such amounts and maturities as it may determine, regardless of the provisions of Section 7.16 of this Chapter; provided that the aggregate amount of such bonds and certificates outstanding at any time shall not exceed the sum of the following; (1) all assessments levied and uncollected; (2) assessable cost of work in progress; and (3) the cash reserve for working capital as previously determined by ordinance. In order that the fund may be administered on a self-sustaining basis, all improvement projects financed through it shall upon completion be certified by the City Manager as to total cost, which shall thereupon be apportioned by the Council either as assessments against benefited property or as amounts due from other City funds. Amounts apportioned against other City funds shall be due not later than the dates of adoption of the corresponding assessment rolls, shall be charged interest as in the case of assessments and shall be paid into the fund,with any interest due,not later than one(1)year after the due dates. E. A public utility fund into which shall be paid all money derived from the sale of bonds issued on account of any municipally owned utility and all money derived from the sale of utility services, and from the sale of any property acquired for or used in connection with any such utility. There shall be paid out of this fund the cost of the purchase, construction, operation, maintenance and repair of such utility, 8 Fridley City Charter Chapter 7 including the principal of and interest upon obligations which have been or shall be issued on its account. Separate accounts within the public utility fund shall be kept for all utilities which are operated separately. F. In addition to the foregoing funds, there may be maintained in the City Treasury, whenever the Council deems it advisable,the following funds: (1) A working capital or revolving fund, for financing self-sustaining activities not accounted for through other funds. (2) A trust and agency fund, for the care and disbursement of money received and held by the City as trustee or custodian or in the capacity of an agent for individuals or other governmental units. (3) Such other funds as may be required by statute or ordinance. In lieu of establishing any of the three(3)foregoing types of funds, Subsections 1,2, and 3,the Council may provide for the recording of operations or activities for which the use of such funds night be suitable through the maintenance of separate accounts in any appropriate fund already established. The Council shall have full power to make by duly adopted ordinance such interfund loans,except from funds held under Subsection 2 hereof, as it may deem necessary and appropriate from time to time. Section 7.13. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the City, or any branch thereof, excepting only those funds collected by the County Treasurer, shall be paid to the City Treasurer by the person authorized to receive the same. All such moneys, and also all moneys received upon tax settlements from the County Treasurer, shall be deposited as soon as possible in a bank or banks approved by the City Council, subject to state laws regulating the designation of depositories for municipal funds. Section 7.14. ACCOUNTS AND REPORTS. 9 Fridley City Charter Chapter 7 n The City Manager shall be the Chief Accounting Officer of the City and of every branch thereof, and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with the law, this Charter and the ordinances in accord with it. The City Manager shall submit to the Council a statement each month showing the amount of money in the custody of the City Treasurer,the status of all funds,the amount spent or chargeable against each of the annual budget allowances and the balances left in each and such other information relative to the finances of the City as the Council may require. The Council may at any time and shall annually provide for an audit of the City finances by a certified public accountant or by the department of the State authorized to make examination of the affairs of municipalities. On or before the first day of April in each year the City Manager shall prepare a complete financial statement in form approved by the Council of the City's financial operations for the preceding calendar year, and quarter, which statement may be published in such manner as the Council may direct and a summary thereof shall be published in the official newspaper on or before the third week in April,July, October and January as appropriate. (Ref. Ord. 625, Ord. 857) Section 7.15. BONDED DEBT AND DEBT LIMIT. 1. In addition to all the powers in respect to borrowing and the issuance of bonds and other obligations for the payment of money specifically or impliedly granted by this Charter, and any amendments thereto, the City shall have all the powers in reference to these subject matters granted to cities of its same class by the laws of the State of Minnesota in force from time to time. The City shall have the power to issue and sell its bonds to the State of Minnesota and to comply with all provisions of law relative to loans to municipalities from the permanent State funds. The City shall also have such powers as are necessary to obtain loans or funds from the Government of the United States and any of its instrumentalities or from the State of Minnesota or any of its instrumentalities, and to comply with all provisions of law relative to obtaining such loans or funds. 2. The Council by a vote of at least four (4) of its members may authorize the issuance of the bonds to provide funds for any public purpose not prohibited by law, or may in its discretion, by a majority vote of all of its members submit to the electorate propositions for the issuance of such bonds. When such a proposition is submitted to the electorate, no 10 Fridley City Charter Chapter 7 n bonds or other term obligations of the City may be issued except pursuant to a favorable vote of a majority of those voting on the proposition of their issuance. By the proceedings for the issuance of any bonds, by the terms of the bonds and by agreements with the purchasers of bonds, they may be made special in character and limited in their payment to earnings or to part earnings and part tax funds. To the extent that they are thus payable out of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total bonded debt of the City at the time of the issuance of any bonds shall not exceed ten percent (10%) of the last assessed valuation of the taxable property therein, or the limit authorized by State law for cities of the same class, whichever is the greater, but in computing the total bonded debt, certificates of indebtedness, bonds, warrants or other obligations issued before or after adoption of this Charter shall not be included or counted if(1)held in a sinking fund maintained by the City; or (2) issued for the acquisition, equipment, purchase, construction, maintenance, extension, enlargement or improvement of street railways, telegraph or telephone lines, water, lighting, heat and power plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by the City, or the acquisition of property needed in connection therewith, or for the construction of public drainage ditches, storm and sanitary sewers, or for the acquisition of lands for streets,parks, or other public improvements or for the improvement thereof, to the extent that they are payable from the proceeds of assessments levied upon property especially benefited by such improvements; or (3) issued for the creation of maintenance of a permanent improvement revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the year in which issued. (Ref. Ord. 857) Section 7.16. FORM AND REPAYMENT OF BONDS. No bonds shall be issued to run for longer than the reasonable life expectancy of the property or improvement for which the bonds are authorized, as ascertained and set forth in the resolution authorizing such bonds, and in no case shall bonds be issued to run for more than thirty (30) years. The purposes for which bonds are authorized shall be set forth in the resolution authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of the City Manager to include in the budget estimates each year a sum or sums amply sufficient to pay the principal of, and the interest on, any bonds which are to fall due in the coming fiscal year, 11 Fridley City Charter Chapter 7 and another sum sufficient to pay the interest for the same year on the Bonds which will be still outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the annual budget which it passes. (Ref. Ord. 857) Section 7.17. DEBT AND TAX ANTICIPATION CERTIFICATES. 1. If in any year, the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, as provided for in the budget, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures,then the Council may authorize the sale by the City Treasurer of emergency debt certificates to run not to exceed eighteen (18) months and to bear interest at not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at least four (4) of the members of the Council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. (Ref. Ord. 592) 2. For the purpose of providing necessary moneys to meet authorized expenditures, the Council may issue certificates of indebtedness in any year prior to the receipt of taxes payable in such year, on such terms and conditions as it may determine,bearing interest at a rate not more than allowable by State Statutes; provided that such certificates outstanding at any one time shall not exceed forty percent(40%)of the tax levy payable in the current year belonging to the fund for the benefit of which the borrowing is authorized. (Ref. Ord. 592) Section 7.18. BONDS OUTSIDE THE DEBT LIMIT. Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt limit: (a) for the creation and maintenance of a permanent improvement revolving fund, (b) for extending, enlarging, or improving water supply system, lighting and heat and power plants, or either, or other revenue-producing public utilities of whatever nature, owned and operated by the n City, or of acquiring property needed in connection therewith, (c) for public improvements payable 12 Fridley City Charter Chapter 7 from special assessments. The Council may also purchase equipment for street department, water or sewer utility, or fire department use on conditional sale contracts, provided that the installment payments do not extend beyond the estimated useful life of the equipment so purchased. n 13 ",y FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present zoning and comprehensive plans shall be the plans for future physical development of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to i _+�g with notices sent to affected property owners. It may include provisions for zoning, fore platting and development of ti new areas, for the planning and location of public works of art,public'r R2 i4. gs,parks,playgrounds, bridges, transportation lines, and other public facilities, nn ng o or� ayi 91 •roving streets and public places as well as all other matters which may sei essential to such a ply. . Section 8.02.ENFORCEMENT OF CITY PLAN. ., " ., The Council shall have all necessary power, acting through the Manager, to enforce complete adherence by all persons to the plans adi d as provided abov 4 d to adopt and enforce a comprehensive zoning ordinance. The Coun41 shall ha ower to,pass ordinances to regulate the use of private property, the height of buildings, die proportion�of the area of any lot which may be built upon and to et`blish `i ding lines. Such power shall be exercised to promote public health, safety,morals,ire and convenience. ,�x,' ''�;5'`4.Yt� � OVA S o Section 8.014 " WPR NTS A D SPECIAL ASSESSMENTS. The C� hall have the p ,to make y'and every type of public improvement not forbidden by the laws o : State and to %,,,,, specie assessments to pay for all such improvements as are of a local character. i accordance accordancq,4with Minnesota State Statute Chapter 429, Local Improvements, Special Assessmer The amounts assessed to benefited property to pay for such local improvements may e u r the cost of the improvements, including all costs and expenses connected P Y q.,:„ p g p therewith,with interest,until paid,but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended Fridley City Charter Section 8. ..'wk. only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance y resolution adopted by four/fifths (4/5) affirmative votes of the City Council after a proper t"ce and hearing. (Ref. Ord. 776) �:�;`x x,, Section 8.05. PUBLIC WORKS HOW PERFORMED. ii; q 1. Public works including all local improveme , may be'constructed, exte kt + b. epaired or maintained either by contract or directly by c ,abo fore receiving bids the City Manager shall,under the direction of the City Council Couneitlikve suitable plans and specifications prepared for the proposed material .r oject and estimate the cost thereof in detail. The award of any contract amounting to more i r>�i ,"thousans +�.11ars ($50,000) shall require n an affirmative vote of at least four(4) members of ti °Council. When the best interest 1, " ' of the City will be r � eby,the City may organize a public works department qti: under competent ervisio e nd provided with suitable equipment. (Ref. Ord. 776) 4 S 4 S 2. The,ght is rved to-e City Coif upon the recommendation of an engineer, acting through the public; orks depient,to bid on any work to be let by contract. All contracts sh etst e ybe let to the low responsible bidder who is qualified in accordance with Minnesota n, State`Vutes. The term "lowest responsible bidder" shall be interpreted as giving the City Council t` ht to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with V. Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref. Ord. 776)