CHA 01/25/2010 —
TO: Charter Commission Members
_ FROM: Deb Skogen, City Clerk
Cindy Soule, Charter Commission Chair
Date: January 20, 2010
CI1YOF
FRIDLEY Re: January 26, 2010 Charter Meeting
The next Charter Commission meeting is scheduled for Monday, January 25, 2010 at 7:00 p.m.
in Meeting Room 1 in the lower level of City Hall.
If you need copies of the different proposals (from the May meeting), please call me and we will
make them available to you at the meeting for your reference.
In order to ensure a quorum, remember, the Charter Commission policy requires a member to
call or e-mail me before 8:00 a.m. Monday, October 25th, as to whether or not they plan on
attending the meeting. Please remember to call or e-mail me by Monday morning at (763) 572-
3523 or e-mail at skogend @ci.fridley.mn.us whether or not you will be attending the meeting.
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.
The results of the Special Election are enclosed for your reference. In addition Chairperson
Soule thought it might be a good idea for you to review the by-laws.
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY JANUARY 25, 2010 AT 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1, Lower Level
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES
October 26,2009
5. ADMINISTRATIVE MATTERS
A. Appointment of Nominating Committee
B. Review of By-Laws
C. Status of Ordinance No. 1260 (Charter Amendment to allow special elections
and to remove 51% majority language)
6. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7
Motion to remove from the table in order
7. DISCUSSION OF FUTURE AGENDA ITEMS
8. ADJOURNMENT
NEXT MEETING MONDAY, FEBRUARY 22, 2010, IN MEETING ROOM 1 IN THE
LOWER LEVEL CONFERENCE ROOM
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
October 26,2009
CALL TO ORDER:
Commissioner Jorgenson called the Charter Commission meeting to order at 7:03 p.m.
ROLL CALL:
Members Present: Commissioners Braam,Findell,Flickinger,Hoiby,Holm,Jorgenson,Kranz,Reynolds,
Scholzen,and Shaw
Members Absent: Commissioners Borman,Nelson,Plummer,Ryan and Soule
Others Present: Deb Skogen,City Clerk/Staff Liaison
Cindy Ruschy, Staff Liaison
APPROVAL OF AGENDA
Commissioner Braam MOVED and Commissioner Findell seconded a motion approving the meeting agenda.
UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER JORGENSON DECLARED THE MOTION
CARRIED.
APPROVAL OF MINUTES
Commissioner Holm MOVED and Commissioner Shaw seconded a motion approving the Charter Commission
meeting minutes of September 28,2009.
UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER JORGENSON DECLARED THE MOTION
CARRIED.
ADMINISTRATIVE MATTERS
A. 2010 Calendar
The dates were reviewed and discussed by the Commission.
Commissioner Hoiby MOVED and Commissioner Braam seconded a motion scheduling the 2010 Charter
Commission meetings on January 25, February 22,March 29,April 26, May 24, September 27,October 25,and
November 22.
UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER JORGENSON DECLARED THE MOTION
CARRIED.
B. Status of Ordinance No. 1260
Ms. Skogen stated Ordinance 1260 had been adopted in July and a referendum petition was received. On October
12th the City Council adopted Resolution No.2010-54 scheduling the election and declaring the ballot language.
The Special Election was scheduled for December 8th and staff was in the process of receiving election judge
applications to work the special election.
DRAFT
CHARTER COMMISSION MEETING OF OCTOBER 26,2009 PAGE 2
Commissioner Holm asked if we had received some absentee ballots yet. Ms. Skogen said the application was
available and had received 3. We will issue absentee ballots 30 days before the election. She stated both pieces of
equipment,the AutoMark and the Accu-Vote will be used. She also said information about the election was
available on the website.
Commissioner Jorgenson wondered if the word revenue would be confusing to voters.
Commissioner Holm said he had a friend who worked as an election judge in Minneapolis and there is run-off
voting,but that the machines are not programmed to count that type of an election. He thought the outcome would
be interesting.
Commissioner Kranz asked if someone voted a blank ballot if it would be counted as a no vote. Ms. Skogen said it
would not because we are using state law for the outcome of this election which says voting on the question.
DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7
Ms. Skogen said she included the Task Force minutes from 2000 and 2001 due to the question about the word"all."
According to these minutes,"all"would mean all residents or citizens versus having a license affecting only certain
types of individuals. So if the City were to adopt a franchise fee or tax levy,it would affect all property owners,or
all citizens depending on the type of fee or levy. A franchise fee would affect renters,tax exempt properties like
churches or schools,and all business. A tax levy would only affect property owners within the City.
There seems to have been a change in opinion about franchise fees and what the costs would be.
Commissioner Findell wondered if there was an additional fee tacked on to collect the fees. Ms. Skogen said no it
was just a flat fee that they would collect and forward to the City. During discussions with Xcel Energy and
Centerpointe,the energy companies preferred the flat rate instead of a percentage of the bill. If it was a flat rate, it
would be the same every month and it would be consistent. If it was a percentage of a bill,the bill would fluctuate
monthly;the amount coming into the city would vary from quarter to quarter. If$1.50 and$1.75 were charged
between the two companies it would net the city approximately$1 million. It would cost most residents about$39 a
month rather than the$82 for a property tax levy increase.
Commissioner Jorgenson wondered if anyone had been paying attention to the real estate values in the city. She said
a house down the street from her,a three bedroom rambler with garage was sold for$118,000. She said a home on
Onondaga Street went for about$168,000. She said the values of the homes in Fridley were lower.
Commissioner Kranz wondered if anyone had received the cost of their home insurance values and wondered if they
had attempted to re-evaluate the value of the home to lower the insurance,but understood the cost to rebuilt the
home would cost more and that the policy cost probably would not go down.
Ms. Skogen said when the Commissioners left the meeting in May they were using the Holm Amendment as a blank
slate to make changes to. She said at the last meeting Commissioner Reynolds said the language she added in May
was not meant to go on the Holm amendment. Commissioner Jorgenson said she had seconded the motion and she
did mean for it to be on the Holm amendment.
Commissioner Findell said he thought they had changed Chapter 7 with the amendment recommended to the Council
in June and asked why it was being discussed or changed again?
Commissioner Jorgenson said before they left for summer,they were pretty much done,but needed to know what
was going to happen with the Legislature and Governor. Again,Commissioner Findell felt since they had met in
June and proposed the language to the Council,they were done with this issue.
Ms. Skogen said staff brought it back the way it was left from the meeting in May because it was a special meeting in
June.
DRAFT
CHARTER COMMISSION MEETING OF OCTOBER 26,2009 PAGE 3
The Commissioners all agree they were discussing the Holm amendment and also that they felt they were done.
•"1
Commissioner Findell MOVED and Commissioner Braam seconded a motion tabling the discussion on Chapter 7
until the January,2010 meeting.
UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER JORGENSON DECLARED THE MOTION
CARRIED.
DISCUSSION OF FUTURE AGENDA ITEMS
Ms. Skogen said there will be a new Federal Law changing absentee ballot voting for the military from 30 days to 45
days. She said this would require new legislation moving the state primary to August. The school buildings are
empty,but some buildings are being worked on. Some individuals may be on vacation,but you can still vote by
absentee. She felt the change would happen early in the legislative session to help accommodate the 2010 schedule.
Commissioner Holm MOVED and Commissioner Findell seconded a motion canceling the November meeting due
to the upcoming election.
They felt there was nothing else pressing on the agenda and felt it would be better discussing it after the election,but
after further discussion Commissioner Braam suggested not canceling the meeting in case something important was
necessary for discussion. Commissioners Holm and Findell withdrew the motion.
It was determined if there was no business to bring to the Commission,the Chairperson could cancel the meeting.
The Commissioners discussed why the referendum petition was submitted,which was some people don't agree that
the council should be allowed to have a special election and that voters don't come out unless they are typically
strongly for or against the issue.
ADJOURNMENT:
Commissioner Holm MOVED and Commissioner Findell seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,COMMISSIONER JORGENSON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 7:40 P.M.
Respectfully submitted,
Debra A. Skogen, Carol Hoiby, Secretary
City Clerk/Staff Liaison
DRAFT
,.� FRIDLEY HOME RULE CHARTER COMMISSION
BY-LAWS
Revised and Amended September 23,2002
NAME -- the name of the organization shall be the Fridley Home Rule Charter
Commission.
II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to
meet the needs of the people.
III. MEETINGS
A. Commission meetings shall be held in the Fridley City Hall.
B. The annual meeting shall be held in March of each year.
C. Special meetings may be called by the Chair; or,the Chair, upon receipt of a written
request signed by five (5) members, shall, within ten (10) days, call a special
meeting.
D. A quorum to conduct business shall be determined according to the following
schedule:
Number of Charter Commission Members Quorum
15, 14, 13 7
12 or 11 6
10 or fewer 5
E. Except as provided in these by-laws, all meetings shall be governed in accordance with
Robert's Rules of Order,Revised.
F. The time of the meeting shall be called by the chair. If there is not a quorum within ten
minutes after the meeting time is to commence, the members shall be dismissed.
However, if the chair felt there was important business to be addressed, the chair would
have the discretion to ask members to stay longer, but may not exceed an additional 10
minutes past the specified time.
IV. MEMBERSHIP -- The membership of this organization shall be 15 members.
A. All members shall be expected to attend all meetings. If unable to attend, the
member shall inform either the Chair or the Secretary as to the reason.
B. Any member missing four (4) consecutive meetings without an adequate excuse, or
failing to perform the duties of the office shall be subject to a discharge from the
Commission upon a written request to the Court, supporting by two-thirds (2/3) of
the Commission members present and voting.
Fridley Charter Commission By-Laws Page 2
V. OFFICERS
A. Election of Officers.
1. The officers of this organization shall be a Chair, Vice Chair and a
Secretary.
2. The Chair, Vice Chair and Secretary shall be elected from the membership
of the Commission.
3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting.
No officer shall serve more than two consecutive terms in the same office.
4. All officers shall begin their terms of office upon election to that office.
5. Election to vacant offices shall be made from the floor at the next meeting
following the meeting at which the vacancy is declared.
6. Officers of this organization shall be declared duly elected by a simple
majority vote of those present and voting.
B. Duties of Officers.
1. The Chair shall have the following responsibilities: to call all regular and
special meetings, preside at all meetings, set the agenda, implement the
decisions of this Commission and participate in all Commission decisions as
a voting member.
2. The Vice Chair shall assist the Chair in the performance of these duties. In
the event the Chair is unable to perform these duties, the Vice Chair shall
discharge such duties.
3. The Secretary shall be responsible for: keeping an accurate record of
attendance, recording of minutes at all meetings, distributing minutes to
members within a reasonable time, giving notice to members who have
missed three (3) consecutive meetings pursuant to Article IV, Section B, of
the By-Laws, transmitting all correspondence and related resource material
concerning this Commission to the City Clerk for retention and presiding at
meetings in the absence of the Chair and Vice Chair.
VI. COMMITTEES
A. The Chair shall have the power to create committees, appoint members and
designate chairs of those committees.
Fridley Charter Commission By-Laws Page 3
B. In January of each year the Chair shall appoint a nominating committee of three (3)
or more members who shall report the nomination of one (1) or more candidates for
each office. A written report of such nominations shall be mailed to each member at
least ten(10)days before the annual meeting.
VII. VOTING
A. A majority vote of members present shall be sufficient to pass motions and
resolutions except as provided elsewhere.
B. There shall be no secret votes.
VIII. ORDER OF BUSINESS
1. Call to Order by the Chair.
2. Roll Call.
3. Approval of Minutes.
4. Report of Officers.
5. Report of Committee.
6. Considerations of communications.
7. Old Business.
8. New Business.
9. Adjournment.
IX. AMENDMENT
A. These by-laws can be amended at any regular meeting of the Commission by a two-
thirds (2/3) vote of those presents, provided that the amendment has been submitted
in writing to the members at least two (2)weeks before the vote on the amendment.
•
Amendment(C)(2) (Holm Amendment)
Ordinance No.
AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER
WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter,has the power to amend its Charter,and
WHEREAS, after review and consent of the Charter Commission, the City Council has determined
the current language of the charter related to restrictions on the tax levy and fee restrictions may
cause deep and significant harm to the finances of the City and that a change in charter language is
necessary to mitigate future harm from being caused by the charter to the City's finances.
IT IS HEREBY ORDAINED THAT THE CHARTER BE AMENDED AS FOLLOWS:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.02. POWER OF TAXATION.
1. The City shall have, in addition to the powers by this Charter expressly or pliedly granted
or implied, 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 the lesser of the following formulas; either the
prior year tax levy dollar amount increased by a maximum of 5% or CPI (Consumer Price
Index)plus 2%. The CPI shall be the 12 month average of the most recently published data
for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the
U.S. Department of Labor, Bureau of Labor Statistics. •- . . ., , . ... - , . • . -
than the prior year tax levy increased by an inflationary index, or 5%, whichever is least.
Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St.
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 in any year 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
Ordinance No. Page 2
,..1 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 resolution provides for such levy. 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. Creation of any new fees shall require voter approval as stipulated in this subsection. Any
other fees created, or increased beyond the limits set forth in subsection 1, share
A. For the purposes of this subsection,new"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
. : _ . - -. _ . .. . _.., ., - •- . - ., :
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•
. . . _ , • .. _ - .. , .,
must be limited to the actual cost of the service being provided. The term "fees"
X129. (Ref Ord 1152)
C. For the purposes of this subsection, "fee increase" includes a new tax or fee,a
(Ref Ord 1152)
B. P.—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
r 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
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Ordinance No._ Page 3
Ord 1152)
C. To create a new fee,the City Council shall:
1) Adopt a resolution declaring the need for establishing a new fee and the
purposes for which the new fee is required.
2) Hold a public hearing pursuant to three(3)weeks notice published in the
official newspaper of the City, setting forth the contents of the resolution to
establish the new fee.
3) After such public hearing, adopt a resolution by an affirmative vote of at
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.
4) The new fee shall take effect if approved by a majority of the votes cast on
that ballot question.
.3.E.
4. 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).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2009.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen,city Clerk
Public Hearing:
First Reading:
Second Reading:
Publication:
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