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CHA 05/24/2010 1 TO: Charter Commission Members KJ FROM: Deb Skogen, City Clerk Cindy Soule, Charter Commission Chair Date: May 19, 2010 CITYOF FRIDLEY Re: May 24, 2010 Charter Meeting The next Charter Commission meeting is scheduled for Monday, May 24, 2010 at 7:00 p.m. in Meeting Room 1 in the lower level of City Hall. 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, May 24th, 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 be 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. Please let me know if you have any questions or concerns. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY MAY 24, 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 April 26,2010 5. ADMINISTRATIVE MATTERS Changes from 2009 to Chapters 7 to 12 6. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7 A. TIF Funding Presentation by Rick Pribyl 7. DISCUSSION OF CHAPTER 2 (Tabled) 8. DISCUSSION OF CHAPTER 5 (Tabled) 9. DISCUSSION OF FUTURE AGENDA ITEMS 10. ADJOURNMENT NEXT MEETING MONDAY, SEPTEMBER 20, 2010, IN MEETING ROOM 1 IN THE LOWER LEVEL CONFERENCE ROOM CITY OF FRIDLEY CHARTER COMMISSION MEETING April 26,2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman,Gary Braam,Don Findell,Marion Flickinger,Carol Hoiby,Bill Holm,Ted Kranz,Rick Nelson,Pam Reynolds,Noel Ryan,Lois Scholzen, Keith Shaw,Cindy Soule Members Absent: Commissioners Jorgenson and Plummer Others Present: Deb Skogen,City Clerk/Staff Liaison and Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Ms. Skogen requested the election items for discussion be moved up on the agenda as she had to leave at 7:30 for the City Council Meeting. Item 7 was moved to Item 6. Commissioner Nelson MOVED and Commissioner Findell seconded a motion approving the meeting agenda as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Hoiby suggested three small changes to the minutes: Page 2,first sentence under Discussion of Chapter 7,the sentence should read,"Commissioner Nelson asked how much a 1%..." Page 3,6th paragraph,last sentence should read,"...rental properties hhat property owners have cut..." Page 4,3rd paragraph,change fixtures to capital outlay. Commissioner Findell MOVED and Commissioner Holm seconded a motion approving the Charter Commission meeting minutes of March 22,2010 as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Commissioners Flickinger,Kranz and Ryan all signed their Oath of Acceptance for their reappointment to a term expiring April 22,2014. DISCUSSION OF CHAPTER 5 Ms. Skogen said she laid out the amendment for the changes that are needed. She recommended including birth year on the petition,because in the past when verifying petitions,there were sometimes two individuals with the same name living at the same address. By putting birth year on the petition,it could be narrowed down to the individual that signed it rather than not counting it. She reviewed the days needed for holding a special election. She talked with the Elections Supervisor at Anoka County to find out how many lead days they would need and they had recommended 7 days for the ballot prep,46 days for absentee ballot voting and 1 day for the special election,or 54 CHARTER COMMISSION MEETING OF APRIL 26,2010 PAGE 2 days. Ms. Skogen wasn't sure if that was enough time and needed further clarification. In addition,she stated a special election could not be held between August 10th and November 2nd and 30 days past November 2"d. It was confusing and she said she felt more time was needed to review it. She recommended tabling the proposal until she could get further clarification. She suggested that Chapter 2 be tabled too,in relation to vacancies,to get further clarification. There was a brief discussion by the Charter Commission of the number of days needed to notify the County to ensure there was enough time and the procedure for absentee ballot voting. Commissioner Nelson MOVED and Commissioner Findell recommended tabling discussion of Chapter 5 to the May 24,2010 meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 7 Commissioner Findell said his motion from the last meeting had not been added to the draft copy of the proposed amendment. Commissioner Reynolds said recycling was still listed as a non-fee rather than a fee. Commissioner Borman asked what the additional information provided on recycling was for. Commissioner Nelson said he wanted to provide information after Commissioner Reynolds felt the City should get out of the recycling business. Chairperson Soule said recycling was discussed at the February meeting. They reviewed the changes and recommended the changes should be reflected in the proposed amendment. Commissioner Holm felt the only other issue of concern was the CPI plus 2%or 5%whichever is less. He said they could submit all of the changes related to everything with the exception of the tax levy increase amount. They could send a separate issue about what you want to do with the CPI plus 2%or some other number. Commissioner Reynolds asked why they wouldn't just submit the whole proposal and allow the Council to make the decision about using the 2%or 5%. Commissioner Holm said he would like to see all of the changes,as he felt it would be an improvement. But he felt the Commission should decide. He was concerned that this might put the Council on the hot seat because of the results of the last election and they may decide not to implement the changes because they would be inviting the city open to another petition. Commissioner Findell said it was a major compromise to what was originally proposed when the amendment was proposed. He did not think there was any contention in the group. Commissioner Holm said the City Council would still have the option of going before the voters to ask for an additional tax levy. Commissioner Nelson said unfortunately that philosophy puts the fix a few tax years out before anything can be done. He said he disagreed with the changes because it would be another two years out before they could go to the voters to ask for an additional levy. If the Council approved it,they would have an opportunity to put it on the ballot this year asking for additional money;will you approve a higher tax levy and when would that tax increase then take effect. Commissioner Nelson said an increase in the tax levy would have to be provided to the County by August,where /•• they could propose a higher tax levy,and if not approved the levy would then go down,but that they could not increase the levy if it were not adopted in August. CHARTER COMMISSION MEETING OF APRIL 26,2010 PAGE 3 n Commissioner Reynolds said state statute would allow them to change it based on a ballot question. Commissioner Holm said that they would have to provide the county the levy plus the increase and then either confirm it or reduce it in December based on that election. Commissioner Kranz asked since the electorate voted against the question last fall,if there was an uncertainty about adding the 2%to the CPI, so now they were drifting back to the original language. Commissioner Borman said they would be better off making changes if the City had been asking for increases all along. He said they should have tested it right away instead of increasing it the little bit that was allowed by the restriction. After three tries of failing they could go back to the voters to let them know it wasn't working and still be in the same predicament. He said the only time it had been tested was for the rate increase on the utilities. Commissioner Findell said LGA was being provided when the restrictions first went into place,but felt the major cuts to LGA was four years ago,when the worst started,and that had only been two election cycles. Commissioner Soule said Rick Pribyl had called her today to discuss a side effect of the restrictions. She said there was property that had been placed into a tax increment finance(TIF)district over twenty years ago that had recently expired and come back onto the tax roles. Because of the restriction,the taxes cannot be added in when determining the levy. She said there were three districts,The City Center,Moore Lake,and the NW area of the City. Rick would be willing to put a presentation together,but it is very complicated. She said the Commission may want to consider this before the amendment is sent to the City Council. Commissioner Findell asked if he had expressed what implications it would have on the City. Chairperson Soule said he thought an amendment could be proposed about expiring TIF districts being allowed to increase the tax levy,rather than keeping it at the current level. Commissioner Nelson suggested a change to Section 7.02.1.that would say any property coming off of TIF would not be restricted. Commissioner Soule said Moore Lake came off in 2008,the North Area in 2009 and Center City in 2010. Commissioner Hoiby wondered if something could be added later rather than holding up their proposal,because of the time frame. Commissioner Reynolds said the Task Force in 2000 must have addressed this because they talked about other governmental units. Commissioner Holm said the basic discussion was whether or not the restrictions addressed other governmental units and they felt it did not and clarification language was prepared and adopted for that purpose. Commissioner Borman wondered why this language couldn't go forward and what would that change if the City went and asked for an increase. The Commission decided they would like to have Mr.Pribyl provide a presentation for the next meeting. Commissioner Borman asked if when the 2008 Moore Lake TIF expired,this would mean an additional$595,000 tax money coming back to the City? Chairperson Soule said that was the property valuation. Commissioner Reynolds said it was an 11%increase on the tax base for those properties. Commissioner Holm said it would be spread among the city,schools and county. ■•"■ Commissioner Soule said Mr. Pribyl was just starting to look at the issue,but had provided Cindy with a brief synopsis so far. • CHARTER COMMISSION MEETING OF APRIL 26,2010 PAGE 4 Commissioner Reynolds asked if the result was that everyone's taxes would go down? It appeared taxes would go down. Commissioner Nelson said Section 7.02.1. said the City could only go from the previous year tax allowed by 2% plus CPI or 5%. You now have more tax base coming in that can't be more than that percentage amount. He said if you had one million dollars levied and you got$600,000 new money coming in,you could only levy the$400,000. He said this happened in another city. They thought because Wal-Mart came off of TIF with LGA cuts it would give them some relief,but found they couldn't use it. Commissioner Soule said it could be levy limits or some other state statute. Commissioner Findell said hypothetically,if you had$100,000,and$10,000 was coming back to the city's portion of the tax role,the city could only increase the tax levy by 5%, so you could really only use an additional$5,000. Commissioner Reynolds asked if these were the three districts Mr.Pribyl had addressed in the HRA and why it wasn't realized in 2008 or 2009? Why did it all come back this year? Commissioner Soule suggested it would be a good question to ask Mr.Pribyl next month. Commissioner Findell MOVED and Commissioner Holm SECONDED a motion to have the proposed amendment ready for the Commission to forward to the City Council. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 2 Commissioner Borman MOVED and Commissioner Ryan SECONDED a motion to table Chapter 2 to the May 24, 2010 meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. FUTURE AGENDA ITEMS Commissioner Soule said there would be a discussion of Chapters 2,5 and 7 for next month with Rick Pribyl coming to provide a presentation on TIF funding and how it affects the City's ability to levy taxes. ADJOURNMENT: Commissioner Ryan MOVED and Commissioner Findell seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:20 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby, Secretary City Clerk/Staff Liaison TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: May 19, 2010 CITY OF Re: Chapter 7-12 Changes Recommended in 2009 FRIDLEY Attached is an ordinance proposing amendments to Chapters 7 through 12. This was approved and recommended to be sent to the City Council in 2009. With everything that was going on last year with the LGA cuts, etc., I failed to send it to the council. I would recommend you review the changes one more time and make a new recommendation. ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES,AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all 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 that the prior year tax levy increased by an inflationary index, or 5%, whichever is least less. 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. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: 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; Notice shall be published fourteen (14) days prior to said hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, improving streets and public places as well as all other matters which may seem essential to such a plan Ordinance No. Page 2 Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than d dollars-4504100) what is allowable under Minnesota state statutes shall require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a public works department under competent supervision and provided with suitable equipment. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.04. CITY TO PAY FOR SERVICES The Council shall make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, of for supplying heat, power or any other utility, and for supplying the City with water,_ and The City shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers,unless the Council provides some other plan. Section 11.08. COMMISSION AT DISCRETION OF COUNCIL The City Council may establish a public utilities commission as defined and authorized by state law. The commission's membership, organization, rules and regulations, officers, salary, jurisdiction,powers,disbursements,reports and abolition of the commission will be at the discretion of the Council by a majority vote. SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL Section 12.01. OFFICIAL PUBLICATIONS The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections,ordinances,resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the official Ordinance No. Page 3 newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. The Council may in its discretion, in addition to the publications required by this Charter, provide for the publication of important city information including the annual budget, ordinances, resolutions, election notices, and such other measures and matters as it may deem wise.; It shall be done by mailing or posting of typewpitten, mimeeg ed-or printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition, the city council may use electronic means for publication. Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Section 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City shall be open to inspection . . :, . . : • • . • . _ . . . • , , . ••. . . - . • . • . . . . . . . • • . •• . . . . . . . . . . • • . . • .. . . . .. . : . in accordance with the Minnesota Government Data Practices Act. 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: Published: TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: May 19, 2010 CI1Y OF Re: Chapter 7 FRIDLEY Attached is the original Holm amendment as proposed in 2009 and the ordinance proposing amendments to Chapter 7 which you have been discussing and amending. I am sorry I sent you the ordinance last month(the ordinance without the changes recommended in March). I have made the changes as you requested and it is ready for your review. Also, Rick Pribyl, Finance Director, will be at the meeting to provide additional information on the TIF funding. Those materials will be available Monday evening. Amendment(Original 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 tote 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 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 in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index-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. 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 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. Ordinance No._ Page 2 3. Creation of any new fees shall require voter approval as stipulated in this subsection. A. For the purposes of this subsection,new"fees" includes sales and use taxes, 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, "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) C. To create a new fee,the City Council shall: a. Adopt a resolution declaring the need for establishing a new fee and the purposes for which the new fee is required. b. 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. c. 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. d. The new fee shall take effect if approved by a majority of the votes cast on that ballot question. 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: 2 Amendment(C)(3) (Holm Amendment) r-. 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-implied}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. in dollars, a tax levy that is greater , o . .. _ .. ., - .y 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 icy 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 `,.■ newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt a resolution after such public hearing by an affirmative vote of at least four (4) members of the Council which resolution shall be presented to the electorate ... • - ., •, . -. • '. •. . ' - - - • at the next regular municipal election as clear and concise `plain language' ballot question. l The additional tax levy shall take effect if approved by 51%of the votes cast on that ballot question. . •. . - . . - - • •. - . •- .. 3. Creation of any new fees or increases in existing fees •.- : , - - . -:, : •-- . beyond the limits set forth in subsection 7.02.1, shall require voter approval as stipulated in this subsection 2. 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) 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 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) l-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) To establish a new fee or increase an existing fee as required by this subsection,the City Council shall: 1. Adopt a resolution declaring the need for the new fee or increase in an existing 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. 3. After such public hearing, adopt a resolution by an affirmative vote of at least four(4) 2 Ordinance No. Page 3 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 or increase in existing 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: 3 �..� TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: May 19, 2010 CITY OF Re: Chapter 2 Changes FRIDLEY Staff did not prepare an ordinance for you to look at, rather, we have provided the Section of the Charter that should be changed for your review. Hopefully these comments will help you in formulating those changes. I contacted the Gary Poser at the Secretary of State's Office and Cindy Reichert at Anoka County to get more information on when special elections can be held and now many days notice is needed, including the publication period,when scheduling a special election for a vacancy in the city council. Because of the changes in state law, we have different dates during an even year then we do doing an odd year, you may want to have language address even year or odd year. In addition, we address a vacancy during the fourth year and the process to use. There are City Charters that state an appointment would be made if a council member resigns during the first, second or third years of their terms. Is that an item you want to discuss? If someone is appointed,they usually fill the term until the next election cycle. I have attached a calendar and Section 2.06 of the City Charter for your review and discussion. The calendar references the state statutes or the city charter and provides information as to when specials can be held, and the amount of notice needed. Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification; or by ceasing to be a resident of the city or the ward from which elected. In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. (Ref. Ord. 1141) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty-five (65) days from the time such vacancy is declared. The Council shall designate a period of eight(8)to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. 1034) 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. 1034) 4. If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall appoint [within thirty (30) days of the vacancy declaration] by majority vote a qualified citizen who has not filed for any municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref Ord. 1034) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. 1034) n 6. If the Mayor's position is declared vacant, the Councilmember-at-Large shall serve as Mayor until the vacancy is filled. (Ref Ord. 1034) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02 and 2.06.03 above to bring the membership of the Council up to five (5). (Ref Special Election 3/25/75, Ord. 776, Ord. 857,Ord. 1034) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref Ord. 1034) 1. No —vial election may be held between the Primary and General F' ction (204D.195) 2. Spx elections prohibited within 40 days of General Election(2L )0, subd. 3) 3. Special election not held with federal or state election, continues to be 30 days for AB (203.081) 4. If special held with Primary, notice must be 67 days; if with general notice must be 74 days (205.16, subd 4) 2010 5. Minimum notice required by Anoka County if special municipal would be 39 days, plus the time for Notice of Filing required (3 weeks published notice per Charter Section 4.04) or 67 days (28 days needed for prep and publication of notice) January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 28 29 30 31 25 26 27 28 29 30 31 May M T W T F S June Suly M T W T F S August 1 S M T W T F S 1 2 3 S M T W T F S 2 3 4 5 6 7 8 O 2 3 05 I 2 3 4 5 6 7 4 5 6 7 8 9 10 9 10 11 12 13 14 15 6 7 8 9 10 11 12 11 12 13 14 15 16 17 8 9 011 12 13 14 16 17 ® 19 20 21 22 13 14 15 16 17 18 19 18 19 20 21 22 23 24 15 16 17 18 19 ©0 21 23 24 25 26 27 28 29 20 21 22 23 24 25 26 25 26 27 28 29 30 31 22 23 24 25 26 27 28 27 28 29 30 29 30 31 30 31 (Filings Open May 18) (Filings Close June 1) (67 days June 4) (Primary Election Aug 10) (74 days Aug 20) September OctoM r T W T F S November December S M T W T F S 1 2 S M T W T F S S M T W T F S 1 2 3 4 3 4 5 6 7 8 9 10 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 10 11 12 13 14 15 16 7 8 9 10 11 12 13 5 6 7 8 9 10 11 12 13 14 15 16 17 18 O3 17 18 19 20 21 22 23 14 15 16 17 18 19 20 12 14 15 16 17 18 19 20 21 22 23 24 25 24 25 26 27 28 29 30 21 22 23 24 25 26 27 19 20 21 22 23 24 25 26 27 28 29 30 31 28 29 30 26 27 28 29 30 31 (General Election Nov 2) 4 l st Da■ . No special elections between August 10th and December 12th TIMELINE NEEDED FOR DECLARING A SPECIAL ELECTION: COUNCIL ADOPTS A RESOLUTION FOR A VACANCY ON THE COUNCIL: Week 1 Monday, Council adopts a resolution declaring vacancy Send Notice of Filing to Sun Focus Week 2 Notice of Filings Published in Sun Focus Week 3 Tuesday, Filings Open Week 4 Tuesday, Filings Close Wednesday, Send Certification to Anoka County Friday - Ballot Proof send from county for approval/approved Week 5 AB and Test ballots received sometime during the week Thursday, send Legal Notices to Fridley Focus Friday,AB Voting begins (30 days) Week 6 Test Accu-Vote/AutoMark election equipment during week Thursday,Notice of Special Election Published in Fridley Focus Week 7 Thursday,Notice of Special Election Published in Fridley Focus Week 8 Thursday,Notice of Special Election/Sample Ballot/Public Accuracy Test Published Week 9 Wednesday, Public Accuracy Test and Election Judge Training Saturday—open for AB voting/putting supplies together Week 10 Election Day Time needed from Monday, Week 1 to Tuesday, Week 10 = 64 days minimum TO: Charter Commission Members tirfi FROM: Deb Skogen,City Clerk and Staff Liaison Date: May 19,2010 Re: Chapter 5 Changes CITY OF FRIDLEY Staff did prepare an ordinance for you to look at,but only bolded the information they felt relevant for you to look at. The biggest concern staff has would be during a federal or state election year,there is limited times that a special election can be held,or certain requirements for notification to get the question on the ballot. We also prepared a brief timeline of requirements to help you determine how many days would be appropriate. The other issue we should review is the date that should be used for determining the number of registered voters. Currently our charter says January 1st,however,that is right in the middle of the time that the state/counties are in the process of entering election day registrations and the SVRS purge of voters takes place in February. The Counties actually use June 1st as the day for determining the number of registered voters for the Primary and General Elections. If you use January 1st,you would have to be in SVRS on January 1st to print a report of the number of registered voters,which is,of course,a holiday. You cannot go back and recreate that date after it has passed. Since the counties pull that information on June 1st for their elections each year, it is a number that could be relied on. I would recommend changing the date to June 1st I have the ordinance for Chapter 5 of the City Charter for your review and discussion. In addition,I have also attached a calendar(which references state statutes or the city charter and provides information as to when specials r•• can be held,and the amount of notice needed),and a brief timeline. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5. INTIATIVE,REFERENDUM AND RECALL OF THE FRIDLEY CITY CHARTER PERTAINING TO THE SCHEDULING OF SPECIAL ELECTIONS The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL INITATIVE Section 5.04. INITIATION OF MEASURES. Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.01. Before circulating any petition the committee shall file a copy of the proposed ordinance with the City Clerk along with the names, birth year, and addresses of members of said committee. The committee shall attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereof A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: Section 5.05. FORM OF PETITION AND SIGNATURE PAPERS The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten percent (10%) of the total number of registered voters as of January 1st of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) Birth Year 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Address (Please Print) Birth Year Signature 1. 2. ■'•■ 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Ordinance No. Page 3 Section 5.07. ACTION OF THE COUNCIL ON PETITIONS When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its 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 registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than 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. REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total number of registered voters as of January 1st of that year request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. (Ref. Ord. 857, 1142) Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names, birth year and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: Ordinance No. Page 4 REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) Birth Year 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Address (Please Print) Birth Year Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. 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 repeals it or by aye and nay 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 53 days nor more than 60 days after such meeting, or submit the ordinance at the next regular municipal election. RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. Before circulating any petition, the committee shall-file with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall also attach a verified copy of said statement to each of the signature papers herein described, together with their names, birth year, and addresses as sponsors thereof A verified copy of said statement shall be a copy to which the city clerk shall affix the following words: "Proposed Recall Statement on File. Fridley City Clerk(Attest): Date. Ordinance No. Page 5 Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) Birth Year 1. 2. 3. 4. 5. The undersigned registered voters,understanding the nature of the charges against the officer herein sought to be recalled,desire the holding of a recall election for that purpose. Name (Please Print) Address (Please Print) Birth Year Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1 of that year, the City Clerk shall so notify one (1) or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular,all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord. 857, 1142) Ordinance No. Page 6 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 than fifty-three (53) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: 1. No - cial election may be held between the Primary and General 17'Ntion (204D.195) 2. SpL I elections prohibited within 40 days of General Election(2( 10, subd. 3) 3. Special election not held with federal or state election, continues to be 30 days for AB (203.081) 4. If special held with Primary,notice must be 67 days; if with general notice must be 74 days (205.16, subd 4) 2010 5. Minimum notice required by Anoka County if special municipal would be 39 days to prepare ballot and for AB process; plus the time needed to publish Notice of Filing, filing period, AB voting and 3 weeks published Notice of SE (Charter Section 4.04) or a minimum of 64 days. January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 28 29 30 31 25 26 27 28 29 30 31 May June July August S M T W T F S S M T W T F S S M T W F 3 S M T W T F S 1 02 3 05 1 2 3 4 5 6 7 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 6 7 8 9 10 11 12 11 12 13 14 15 16 17 8 9 OO 11 12 13 14 16 17 0 19 20 21 22 13 14 15 16 17 18 19 18 19 20 21 22 23 24 15 16 17 18 19 ©0 21 23 24 25 26 27 28 29 20 21 22 23 24 25 26 25 26 27 28 29 30 31 22 23 24 25 26 27 28 27 28 29 30 29 30 31 30 31 (Filings Open May 18) (Filings Close June 1) (67 days June 4) (Primary Election Aug 10) (74 days Aug 20) September October November December S M T W T F S S M T W T F S M T W T F S S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 10 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 10 11 12 13 14 15 16 7 8 9 10 11 12 13 5 6 7 8 9 10 11 12 13 14 15 16 17 18 17 18 19 20 21 22 23 14 15 16 17 18 19 20 12 Q3 14 15 16 17 18 19 20 21 22 23 24 25 24 25 26 27 28 29 30 21 22 23 24 25 26 27 19 20 21 22 23 24 25 26 27 28 29 30 31 28 29 30 26 27 28 29 30 31 (General Election Nov 2) 4I st I)av No special elections between August 10th and December 12th Ordinance No. Page 7 TIMELINE NEEDED FOR DECLARING A SPECIAL ELECTION: COUNCIL ADOPTS A RESOLUTION FOR A BALLOT QUESTION FOR INITIATIVE,REFERENDUM,OR RECALL THIS WOULD BE THE PROPOSED TIMELINE WITHOUT ANY OTHER ELECTION BEING HELD Week 1 Monday,Council adopts a resolution Tuesday,provide Anoka County with Certification of Election Send Notice of Special Election to Fridley Focus for publication Friday: earliest date possible—Proof Ballot from County Week 2: AB and Test ballots received sometime during the week Thursday,Notice of Special Election Published in Fridley Focus Friday,AB Voting begins(30 days) Week 3 Test Accu-Vote/AutoMark election equipment during week Thursday,Notice of Special Election Published in Fridley Focus Week 4 Thursday,Notice of Special Election Published in Fridley Focus Week 5 Thursday,Notice of Special Election/Sample Ballot/Public Accuracy Test Published Week 6 Wednesday,Public Accuracy Test and Election Judge Training Saturday—open for AB voting/putting supplies together Week 7 Election Day Time needed from Monday,Week 1 to Tuesday,Week 7=43 days minimum