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CHA 09/27/2010 1 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk Cindy Soule, Charter Commission Chair Date: September 20 CITYOF FRIDLEY Re: September 27, 2010 Charter Meeting The next Charter Commission meeting is scheduled for Monday, September 27, 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, September 27th, 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 SEPTEMBER 27, 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 May 24,2010 5. ADMINISTRATIVE MATTERS A. Return of Changes from 2009 to Chapters 7 to 12 from City Council 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, OCTOBER 25, 2010, IN MEETING ROOM 1 IN THE LOWER LEVEL CONFERENCE ROOM CITY OF FRIDLEY CHARTER COMMISSION MEETING May 24,2010 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,Nancy Jorgenson,Ted Kranz,Rick Nelson,Pam Reynolds,Noel Ryan, Lois Scholzen,Keith Shaw,and Cindy Soule Members Absent: Commissioner Leslie Plummer Others Present: Deb Skogen,City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison Richard Pribyl,Finance Director APPROVAL OF AGENDA Commissioner Holm MOVED and Commissioner Braam seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds asked if her comments on Page 2,could be changed to reflect more what she said"allow them to make the decision about using the CPI plus 2%or up to 5%." Commissioner Holm MOVED and Commissioner Findell seconded a motion approving the Charter Commission meeting minutes of April 26,2010,as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Commissioner Soule said the Commission had recommended changes from Chapters 7 through 12 and Ms. Skogen has prepared them into an ordinance. Commissioner Reynolds said there were a couple of errors. First,in Section 4,page 2 the title of the Chapter 12 was wrong and should be changed. Second,her notes reflected that the Charter Commission would set the criteria if the City Council opted for a Commission in Section 3, Section 11.08 but didn't know if it had been agreed upon by everyone. Commissioner Jorgenson said when they were discussing the issue, State Statute pretty much defined what could be done and that is what the Charter Commissioners agreed to. Commissioner Soule said the whole chapter was about public works and it was clear the sentence was being added for clarification that this was about a Public Utilities Commission. By the consensus of the Commission,no changes were made to this section. Commissioner Soule asked if there were any other comments and whether or not they wanted to recommend the amendment by ordinance to the City Council. CHARTER COMMISSION MEETING OF MAY 24,2010 PAGE 2 Commissioner Holm said a change should be made to Section 7.02 to change the word"that"to"than"in the sentence,"a tax levy that is greater that than the prior year..." Commissioner Reynolds was wondering whether or not this section should be included in the ordinance as the Commission was still discussing Chapter 7. Commissioner Nelson felt it should be moved forward pending the outcome of the discussion. Commissioner Jorgenson agreed that it should move forward as they did not know the status on Chapter 7 at this time. There was further discussion on whether or not to remove this section from the ordinance. Commissioner Borman MOVED and Commissioner Reynolds seconded the motion that they send forth Sections 2,3 and 4 of the ordinance and renumber them Sections 1 through 3 and remove Chapter 7 from the title. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION ADOPTED BY A VOTE OF 13 TO 1,COMMISSIONER NELSON VOTING NAY. DISCUSSION OF CHAPTER 7 Finance Director Rick Pribyl provided two handouts. He said the discussion would be a mute issue as the City was currently under state levy limits as well as the charter restrictions. He said there was an unintended consequence of the levy limitation,but felt it worthy of discussion. He said original creation of the HRA tax increment financing was a tool used for redevelopment to eliminate blight or to create incentives for redevelopment. It was the,"but for" tax incentives,the project would not be completed to build future taxable value. He said the outcome is growth in taxable value,another tool for future city councils to provide for necessary fmancing of future services. He said the TIF Districts are created,the city ends up redevelopment and additional tax growth. He said when the Districts decertify,20-35 years later,there is now additional value. He said the limits do not allow the city or any future city council to levy against that new growth. The intent is to keep taxes at its current level. With the TIF rolling off of these decertified districts,the foundation of the charter limit was to put a cap on the levies and a cap on what the growth on property taxes is. With the value coming off in these decertified districts, instead of the HRA capturing this value in property taxes,it now comes back to and goes and mixes with the taxable value of the overall city. He said the new growth now goes back to all of the taxing jurisdictions. He said the new growth upon decertification, Moore Lake in 2008 with a total taxable value of$595,000;the North area came off in 2009 with$1,400,000;and the Center City came off for about half at$351,000. He said if there was no state levy limit in 2009,nor a charter limit,this city could have levied an additional$673,000 and not increased the tax capacity rate. Commissioner Jorgenson said the monies in the TIF districts went back to the HRA to pay off their bonds. Now that they are decertified,that money would come back to all of the taxing jurisdictions,and the city's portion comes back to the general fund. Commissioner Nelson said if there was$100 in taxes and 100 people,each person paid$1. Now that this is coming in,they give us$40, so each person would then pay$.60 rather than$1. Mr.Pribyl said that was correcting and that having it come in doesn't do the City any good as long as the state has levy limits. It hurts to have the districts decertify with levy limits in place. One of the thoughts was to build additional capacity for future levy ability for future councils which does not happen any longer because of the state levy limits and the charter restrictions. He said when all this taxable value comes back to the City, it reduces the tax capacity rate,which then writes down what everyone is paying in property taxes. While that is good,it still has that cap,which was not the expectation of the City Council when it was put into place. Commissioner Jorgenson wondered if there were levy limits for the county and the school districts as well towards those funds. Mr.Pribyl said he was not sure as they had different formulas. He said there probably limits,but he did not know what they were. He said the limits are on until 2011 and since we are under the levy limits,our taxes have been CHARTER COMMISSION MEETING OF MAY 24,2010 PAGE 3 dropped by this value coming on. To make an amendment to the charter to try to make use of this funding would most likely drive taxes back up,because it is already going to be used to subsidize those taxes in 2011 and write them down. He said the other sheet provided shows for 2008,2009 and 2010,what the City could have had in additional levy capacity should there have been no charter or state levy limit. Commissioner Jorgenson asked which was more restrictive,the charter or the state. Mr.Pribyl said the state was more restrictive right now,but it might waffle back and forth depending on the state's formula. Commissioner Nelson said in 2009$180,000 went towards property owners,who received the benefit,it was not new income into the city. Mr.Pribyl said if you took Medtronics for example,had it not been in a TIF District,all that new value would have helped the average property owner,because it is new value coming in. He said ordinarily you would have levied up that value to keep the tax capacity rate the same,to add more capacity in the levy. It would have then decreased the tax capacity rate and decreased the taxes on the average home. Commissioner Jorgenson asked if part of the TIF district with Medtronics was ready to be decertified next year. Mr. Pribyl said per the agreement,there is about$210,000 taxable value coming out,just as the decertification would be going to all taxing jurisdictions. Had the City been able to tax that,it would have been about$67,000,had the City been able to tax it at the city's tax capacity rate. He said it seemed to be contradictory from the initial onset of TIF and HRA as far as building that value to be able to levy on when you need more levy. Commissioner Findell said they understood the HRA TIF Districts. He said the HRA virtually benefitted from the offset of taxes,but wondered who benefitted from Medtronic in the same way HRA benefit when TIF was in place. Commissioner Nelson said everyone benefitted right now. Mr.Pribyl said the increment that is being generated by Medtronic right now,when they pay their taxes,the HRA gets 10%for administrative costs,then 90%goes back to Medtronic who then pays 10%to the HRA for the land sale. He said there was really no benefit until that district actually expires,or there is a year when value comes back onto the tax rolls. Mr. Pribyl said when the HRA receives their 80%net,that is the incentive for the parking ramp. They, like everyone else,are petitioning their valuation, thereby attempting to reduce their valuation meaning they pay less in taxes and do not get as much back. Commissioner Holm said these districts were significant and represented a large part of the taxable value. Mr. Pribyl said yes it was about 7 to 10%of the total taxable value of the City. Commissioner Holm said the people who live in the Fridley School District benefited more than those people who live in another school district and Mr.Pribyl said that was correct for the Moore Lake TIF District. Mr.Holm wondered if there was any language that could be crafted to help get the city a portion for future reference. Mr.Pribyl said it depended on how they wanted it to work and how it was worded. Any future districts that decertify that value would be excluded from the calculation of limitation,but now sure it would be worth it in the future as there is only about$250,000(Medtronic). Commissioner Findell said the taxpayers were receiving a benefit but the City was not receiving any additional spendable revenue. Mr.Pribyl said that was correct. He said due to the economy and loss in property valuation, it is hard to see it right now. The proposed new valuation can't effectively be used as originally thought due to the state levy limits and charter restrictions. Commissioner Borman,asked,as the actual dollars go,the way the Charter is written,the rate of inflation or 5%, whichever is least,the Commission has been kicking around adding 2%to the CPI and wanted to know how that 2% might benefit the City. Mr.Pribyl said 1%was approximately$80,000,so 2%would be approximately$160,000. CHARTER COMMISSION MEETING OF MAY 24,2010 PAGE 4 Mr.Pribyl said the City appreciate the Commission is trying to provide for the future of Fridley,but subsequently, we will be entering a period of inflation and it is going to be really difficult. He felt it would still not give the Council the tools they need in the future. Commissioner Holm asked if it got affected by the state levy limits. Mr.Pribyl said that even though the city had the ability to have the additional 2%, if there were state levy limits,they couldn't use it.He said the state can put ceilings Commissioner Borman asked if the City was gaining anything by having a Charter. Mr.Pribyl said the City would have more local control. Commissioner Borman said when the state could put limits on it. Commissioner Jorgenson said the state has really decreased a lot of the ability the cities have had with their home rule charter. She believed the Charter Commission should make a recommendation that the city abolish the charter as the state is super-ceding everything that we are doing and we are only adding additional costs to the city by having to publish these notices and hold these public hearings,vs becoming a statutory city,when the state changes it and you don't have to. Commissioner Borman said it was frustrating. He said the state budget just pushed everything out one more year. He said even if you went 2%plus CPI,the city would still be hurting. It doesn't solve the problem right now, it only takes care of the state's problem. He said the charter was fine as certain limitations could be placed on the city,but you are not gaining anything because everything is being controlled by the state. Commissioner Jorgenson said the City has to get their levy and budget to the County in August or September,but the legislature does not start meeting until January or February. She felt it was a never ending thing,and didn't see a way out with the climate at the legislature,and they have bigger issues to worry about. Commission Borman said the things the legislature does affects the city and the city has to wait to see how it is going to affect them. He said it was like being part of a family where everyone gets punished,even if they didn't do anything wrong. Commissioner Jorgenson said the state started putting TIF restrictions in about the mid 1990's because several cities used TIF districts in an appropriate way. She said the expansion of the Rosedale Shopping Center got the legislature riled because the money was paid back incorrectly. If the city did try to pass another TIF district,the state would decrease the taxes paid back to the city,and the city would have to take a hit to create a new district. She said when the Medtronic district was being reconsidered;the state nailed the city for$350,000 in taxes. She said if there was a good tool and it was working well,but somebody messed it up,you don't hammer everyone else. Commissioner Reynolds said the legislature had created several different kinds of TIF districts including one that no longer requires blight in the district. Commissioner Jorgenson said about 2001 Gateway West required blight. Commissioner Nelson MOVED and Commissioner Jorgenson seconded a motion to table discussion of Chapter 7. Commissioner Nelson felt they could continue to discuss it and possibly make changes,but that it wouldn't matter as long as the state keeps levy limits. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION WAS ADOPTED BY A VOTE OF 13 TO 1,COMMISSIONER REYNOLDS VOTING NAY. Commissioner Jorgenson said the Commission discussed how long it would take for the city to recapture the lost local government aid in the last 10 years,and we were looking at$160,000(2%over the CPI),the City could never recapture that amount. Commissioner Nelson said they would have to have a 10%increase over the next 5 years to even come close to recapturing that amount. Commissioner Jorgenson with levy limits they couldn't increase it and so what was really the point of changing it. CHARTER COMMISSION MEETING OF MAY 24,2010 PAGE 5 Commissioner Nelson said the City Council,similar to Columbia Heights,should say they will no longer rely on LGA and we are going to increase things accordingly until we get back to the amount we had before,which would mean a commitment for everyone,as their taxes would be increased to keep the same level of service. Commissioner Findell asked how Columbia Heights could increase the taxes. Ms. Skogen said they had no restrictions,that only three cities in the state had those restrictions-Mounds View,West St.Paul and Fridley. Commissioner Kranz asked what would happen when property taxes go up-a house that is worth$150,000 and goes up to$200,000,there's going to be more taxes on this house,but with the Mr.Pribyl said it was all based on the levy. If all of a sudden we had a huge spike in value,which would mean the economy has rebounded,then the tax rates and the taxes go down on the individual homes and commercial and industrial. We have to work with both the state and local levy limits,it's not so much the taxable value. Commissioner Holm asked what would happen if all property values go up 25%. Mr.Pribyl said everything stays the same,and the City wouldn't get any additional revenue. With all of the different tax rates,there could be tax shifts. He said the scale appears to be pushing down commercial and industrial property values while it is increase residential value. He said there was a huge block of the commercial and industrial property owners who are petitioning the court for lower valuations,which the City has never seen before. There were 58 new tax petitions that came in for 2010,and there are about 62 from the three prior years. Commissioner Jorgenson asked how many foreclosed homes there were. Mr.Pribyl said that Bill Burns knew and that assessing may have information,but the number was somewhat misleading as the banks are holding some of the inventory back as well,rather than taking it out to the public. He said there was a list, some of which are in good condition that get bought up before they go to market. ■■■ The Commissioners thanked Mr.Pribyl for providing information to them. He told them in all of the years he had been with the city,this group of Commissioners does a great job and thanked them. Commissioner Nelson said they may want to reconsider the ordinance voted on previously this meeting. Commissioner Jorgenson MOVED and Commissioner Borman seconded a motion to reconsider the motion to remove Section 1 from the ordinance under Item 5 of the agenda. Commissioner Holm asked,as a matter of clarification,if this was in conflict with the motion to table Chapter 7. Commissioner Soule said no,because it was a motion to reconsider actions taken earlier in the meeting. UPON A VOICE VOTE,CHAIRPERSON SOULE DECLARED THE MOTION WAS APPROVED WITH A 12-2 VOTE,WITH COMMISSIONERS HOLM AND REYNOLDS VOTING NAY. Commissioner Nelson MOVED and Commissioner Jorgenson seconded a motion to put Section 1 pertaining to Chapter 7 as discussed earlier with the changes under item 5 back into the ordinance for recommendation to the City Council. UPON A VOICE VOTE,CHAIRPERSON SOULE DECLARED THE MOTION WAS APPROVED WITH AN 11-3 VOTE,WITH COMMISSIONERS BRAAM,HOLM,AND REYNOLDS VOTING NAY. DISCUSSION OF CHAPTER 2 Ms. Skogen said Chapter 2 deals with vacancies in the Council. With all of the legislative changes made,there are now a lot more days when an election cannot be held. She provided a calendar of an election showing the Commissioners the dates an election could not be held. She said if someone gave notice after filings,you could not hold an election for that position until after December 12th. No special election may be held between the primary and general election; special elections are prohibited within 40 days of the general election;special election not held CHARTER COMMISSION MEETING OF MAY 24,2010 PAGE 6 with federal or state,continues to be 30 days;if a special is held with the primary,you have to provide a notice 67 days before August 10th,which is June 4th;if a special is held with the general,you have to provide a notice 74 days before August 20th. Otherwise minimum notice to Anoka County would be39 days to prepare ballot for absentee ballot,plus you need time for filing,or minimum amount of time you can hold an election if you have a vacancy is 64 days. She said she looked at what was new,and what our Charter said. She said the charter was silent about what to do if a vacancy occurs between the first and third year and it might be something the Charter Commission and/or Council may want to address. She wanted to bring the information forward for thought and discussion,especially to address what to happen during someone's second year due to all of the dates you cannot hold an election. Commissioner Soule asked if the Commissioners were interested in task force meeting over the summer to discuss this issue. Commissioner Jorgenson said the Council would ultimately have to decide the issue,as they have not wanted to appoint anyone in the past and it would be hard for five people to come to consensus on this issue. Ms Skogen said in Chapter 5, she provided a timeline as well describing special election pertaining to a question, it would be about a seven week process and outlined the process. She highlighted the dates,rather than suggesting new. She said 64 days is the minimum amount of time needed for declaring an election. Commissioner Jorgenson asked what happens in statutory cities if there is a special election. Ms. Skogen said they are regulated by state election law. Commissioner Jorgenson said that would be another good reason for dropping the charter and moving back to becoming a statutory city. She said they were constantly having to go back and change the charter to comply with state law and they super cede the city on other issues. Ms. Skogen said there were directions in the state law regarding the dissolution of the charter and has to go to a vote. Commissioner Kranz MOVED and Commissioner Jorgenson seconded a motion to table Chapter 2 and 5 until September meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECARED THE MOTION CARRIED UNANIMOUSLY. FUTURE AGENDA ITEMS Commissioner Jorgenson said she seriously thought the Commission should discuss dissolving the Charter Commission. Commissioner Holm said they should have the pros and cons of dissolution and the process as to how it should be done. Nancy Jorgenson and Carol Hoiby volunteered to research the issue over the summer and bring it back to the Commissioners in the fall. Future Items,Chapter 2,Chapter 5,and dissolution of the city charter. ADJOURNMENT: Commissioner Jorgenson 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 8:40 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: September 20, 2010 CITYOF Re: Chapter 7-12 Changes Recommended in 2009 FRIDLEY Staff presented the proposed ordinance at the public hearing on June 28th to the City Council. The City Council opened the public hearing and discussed the proposed ordinance. I have included the memo,power point and minutes of that meeting for your reference. The Council sent the ordinance back to the Charter Commission to address the following: Chapter 8 -they suggested you discuss transportation lines and possibly change it to transportation mode. Chapter 11 -the City Council was trying to determine the thought process the Charter Commission used for the new language in Section 11.08. Chapter 12 -they felt certain parts/changes were redundant and wondered about changing it to as required by state statute They did not adjourn the public hearing, so after this Commissions discusses and/or amends this ordinance, you can send it back to the council without the additional public hearing notice requirement. AGENDA ITEM CITY COUNCIL MEETING OF MY of FRIDLEY June 28, 2010 To: William W. Bums, City Manager From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: June 15, 2010 Re: Public Hearing on Proposed Amendment to Fridley City Charter Chapters 7-12 The Fridley Charter Commission meet eight times annually to review the Fridley Charter. The Commission reviewed Chapters 7 through 12 for general housekeeping issues and to make it consistent with state law. They directed staff to formulate an amendment by ordinance. Staff drafted the amendment by ordinance for the Commission's for review. On May 24, 2010, the Charter Commission unanimously approved the amendment by ordinance and recommended the n amendment be forwarded to the City Council for adoption. Minnesota Law requires a public hearing notice to be published within one month of receiving the proposed amendment and the notice must contain the text of the proposed amendment. A public hearing notice, as shown in Attachment 1, was prepared and was published in the Fridley Sun Focus on June 3 and 10, 2010. Staff recommends holding a public hearing on an ordinance proposing to amend Chapter 7-12 of the Fridley Charter. City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter (Legal Publication) Notice is hereby given that there will be a public hearing by the Fridley City Council on Monday, June 28, 2010 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue NE in Fridley, Minnesota, for the purpose of taking public testimony on the following proposed amendment to the City Charter: 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 than 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, allotice 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 3 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 fifty thousand 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, er for supplying heat, power or any other utility, and reasonable charges for supplying the City with water,_ afid 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. MISCELLANEOUS PROVISIONS 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 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 type, fitten; eeged 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. Ordinance No. Page 4 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 2010. /s/ SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Monday, June 23, 2010. The TDD number is 763-572-3534. Dated this 26th day of March 2010. /s/Debra A. Skogen, City Clerk Published in the Fridley Sun Focus on June 3 and 10, 2010. Public Hearing to Amend Chapter 7-12 of the Fridley City Charter June 28, 2010 Public Hearing — Charter Amendment • Fridley City Charter Commission meets 8 times annually to review the Fridley City Charter. • The Commission reviewed Chapters 7 — 12 for general housekeeping issues and to make it consistent with state law. • On May 24, 2010, the Commission recommended an amendment by ordinance to the City Council. 1 Public Hearing — Charter Amendment • An amendment by ordinance requires a public hearing and a notice of the public hearing to be published containing the text of the proposed amendment. • The public hearing notice was published with the text of the amendment in the Fridley Sun Focus on June 3 and 10, 2010. Public Hearing — Charter Amendment • The proposed amendments are: Cl Chapter 7. Taxation and Finances, • Section 7.02.1 would change the word least to less. ❑ Chapter 8. Public Improvements; • Section 8.01 changes a long sentence from one into two sentences. • Section 8.05 changes the contract amount from $50,000 to what is allowable by state law. 2 Public Hearing — Charter Amendment ❑ Chapter 11 . Pubic Ownership and Operation of Utilities • Section 11.04 changes a long sentence from one into two sentences, removes the words reasonable charges as it is in state statute. • Section 11.08 would allow the City Council to establish a public utilities commission. ■ •N Public Hearing — Charter Amendment ❑ Chapter 12. Miscellaneous Provisions • Section 12.01 added the words, "important city information including" before the types of documents to be published. It also described how it should be done removing typewritten and mimeographed and included electronic means for publication. • Section 12.02 removed language addressing how individuals may request records and replaced it with language referring to the MN Government Data Practices Act. 3 Public Hearing - Charter Amendment • Based on this information, staff recommends holding a public hearing to allow public testimony on this amendment. 4 FRIDLEY CITY COUNCIL MEETING OF JUNE 28,2010 PAGE 8 State deficit. While the City is supposed to get $1.8 million for local government aid, which is a large part of what goes to fund the Police Department, given the size of the deficit, there may be additional cuts to that amount or it may totally be cut. PUBLIC HEARINGS: 9. Consideration of Proposed Amendment to the Fridley City Charter, Chapter 7-12. MOTION by Councilmember Barnette to open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:24 P.M. Debra A. Skogen, City Clerk, stated the Fridley Charter Commission meets eight times annually to review the Fridley City Charter. The Commission reviewed Chapters 7 through 12 for general housekeeping issues to make it consistent with State law. On May 24, 2010, the Commission recommended an amendment by ordinance to the City Council. Amendment by ordinance requires a public hearing, and a notice of the public hearing must be published containing the text of the proposed amendment. The public hearing notice was published with the text of the amendment in the Fridley Sun Focus on June 3 and 10. Ms. Skogen stated the proposed amendments are as follows: for Chapter 7, Section 7.02, there is a word change from the word"least"to "less." Ms. Skogen stated Chapter 8, Public Improvements, Section 8.01 changes a long sentence from one into two sentences. Ms. Skogen stated Section 8.05 changes the contract amount from $50,000 to "what is allowable under Minnesota state statutes." Ms. Skogen stated in Chapter 11, Public Ownership and Operation of Utilities, Section 11.04 changes one long sentence into two sentences and removes the words "reasonable charges" as it is in State statute. Ms. Skogen stated Section 11.08 would allow the City Council to establish the Public Utilities Commission. In Chapter 12, Miscellaneous Provisions, most of this is dealing with publication and getting information. Ms. Skogen stated in Section 12.01, the words that were added were "important city information including" which was put before the type of documents that need to be published. It also describes how it should be done and removing old language, such as "typewritten and mimeographed" and includes electronic means for publication. FRIDLEY CITY COUNCIL MEETING OF JUNE 28,2010 PAGE 9 Ms. Skogen stated in Section 12.02 it removes language addressing how individuals may request records and replaces it with language referring it to the Minnesota Government Data Practices Act. Ms. Skogen stated based on this information, staff recommends holding the public hearing to allow public testimony on this amendment. Councilmember Varichak asked in Section 8.05, the third line from the bottom says it requires an affirmative vote of at least four members of the City Council. In Section 11.08 it mentions a majority vote of the City Council. She asked what the difference between the two was. Ms. Skogen said they did not change those sections. She believes four-fifths is needed because it is dealing with money. In relation to public utilities,that was written in the language currently. All they did was add the sentence allowing the City Council to establish a public utilities commission by a majority vote. Councilmember Bolkcom asked if they took $50,000 out in Section 8.05 because the State statute changed. Ms. Skogen replied, correct. This is actually the third time they have changed it since she has been here. The recommendation was to change it to State law because it has gone from $10,000 to $50,000,to $100,000. Councilmember Bolkcom asked what"transportation lines"meant in Section 8.01. Ms. Skogen said the Charter was adopted in 1957, and this was language from that time. Part of what the Charter Commission does is look for language that might be obsolete. She does not have a definition for what it is. Councilmember Bolkcom asked if it should say "modes of transportation" or something like that. To her it means back to when there were streetcars. Ms. Skogen stated she thinks it is a good question. They could bring it to the Charter Commission and have them review it and discuss it. Councilmember Saefke stated when the Charter was written he can tell them for a fact we did not have bus service. So that might be one of them. Now we have bus shelters for the bus stops which we did not have before, and this is authorizing some input from the City on the development of those things. Plus, he thought it would include things like the commuter rail line. East River Road did have the streetcar down the pathway, many, many years ago that would head to Anoka. He suspects when this was written it was an all-encompassing term. Councilmember Bolkcom said if they are going to look at the different chapters,then maybe we should also look at what that means and define it in some way. Ms. Skogen said she thinks they should bring it to their attention. FRIDLEY CITY COUNCIL MEETING OF JUNE 28,2010 PAGE 10 n Councilmember Bolkcom asked if the Charter Commission vote on the changes was unanimous. Ms. Skogen replied, yes. Mayor Lund asked why they added a line about establishing a public utilities commission in Section 11.08. Ms. Skogen said she believed it had to do with the restrictions currently in place. It would give the City the ability to have someone else set the rates if Council did not want to. Mayor Lund asked why they included "important city information" to the language in Section 12.01. Ms. Skogen replied during the review of the chapter, individuals come in with different words or ideas. She said she did not recall the conversation, but she thinks they wanted to allow other City input, i.e., on the website. Councilmember Bolkcom stated so it could be something like the water quality report. Ms. Skogen replied, yes, or other things that are not necessarily required to be published but would be of interest to the public. Councilmember Bolkcom asked right after that sentence, "it shall be done." Is that saying it has to be done by mailing or posting? Could you just add, "it shall be done by mailing, posting, or electronic means" for publication? Otherwise it seems to her you have to do it. Could you put the electronic part in there so there are things that you would have to do electronically? Mayor Lund asked the City Attorney if it had to be printed. Fritz Knaak, City Attorney, replied ordinarily it would require that you have it printed. As he understands this language, you simply do what the law permits to the extent it would modify that number. If State law modifying publication or any kind of law regarding publication changed, you would be allowed to change it. Councilmember Bolkcom asked why it did not include "State statute" in some of the other sections. Councilmember Saefke stated he has a little bit different interpretation of it. Prior to "It shall be done" it is talking about publications required by the Charter or State statute. The way he is reading it is, "It shall be done either by mailing or posting" meaning printed copies in a public place and you can post it here at City Hall or other public buildings in some printed form. In either case, we are required to notify people of elections and any time we have meetings because of the open meeting law. So long if we are posting it, it is either going to be a general mailing to everyone or posting in a public place. FRIDLEY CITY COUNCIL MEETING OF JUNE 28,2010 PAGE 11 n Councilmember Bolkcom asked where we post public hearing notices. She knew we put them in our official newspaper but do we post them at City Hall? Dr. Burns said he believes the City posts them on the bulletin boards in the lobby. Councilmember Saefke stated he also sees schedules by the back door. Councilmember Bolkcom stated but that is not a notice of a public hearing. Ms. Skogen stated she is not sure whether Planning Commission posts their public hearings. Dr. Burns stated they post things on the website as well. Mr. Hickok stated, yes, they are on the calendar in the entryway. Councilmember Bolkcom stated, yes, but it does not actually say what the topic or anything is. It is not like the notice sent out to people and published in the newspaper. Ms. Skogen stated she does know, for example, notices of election for the filing and for the notice of election and the sample ballot, are posted in the three entry doors in its full form. Councilmember Saefke asked Attorney Knaak on these postings is it required that you have to n have the agenda or the topic or just the time, date, and location of a meeting. Attorney Knaak replied normally it is the time, location, and the content or subject matter of the meeting. Councilmember Bolkcom stated maybe they should look at putting according to "State statute" in some other areas. Mayor Lund stated he thinks that is a good comment to take back to the Charter Commission. Other than that he does not see any problem with the additions and deletions. Councilmember Bolkcom asked whether this will go back to the Charter Commission because of comments and clarification questions. Ms. Skogen replied you could move it to its first reading at the next meeting the way it is currently written or send it back to the Commission for their review. The Commission meets in September. Dr. Burns asked Council to review their concerns so the Charter Commission and the City staff understand what exactly they want. Mayor Lund stated he heard the clarification on transportation, his question about the establishment of a Public Utilities Commission and the thought process in changing some FRIDLEY CITY COUNCIL MEETING OF JUNE 28,2010 PAGE 12 language, important City information and a little redundancy of other such measures and matters. What was the other one? Councilmember Bolkcom stated the whole question about "it shall be done." Should they add "by mailing or posting or printed copies or as per State statute." MOTION by Councilmember Barnette to continue the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Consideration of the Removal or Repair of a Hazardous Building Located at 6260 Alden Way N.E. (Ward 3). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:25. Scott Hickok, Community Development Director, stated this is an action to consider a building hazardous in accordance with State Statute provisions. There has been some progress since the setting of this public hearing, but staff has determined it would like to continue and ask Council to consider the resolution that would have allow them to move forward with the hazardous building provisions. In spite of our concerns about the danger of people entering the home, we did not get a lot of response from the homeowners. Mr. Hickok stated since the hearing was set, the majority of the structure has been removed. What exists today is the foundation which is going to be reused for the new structure. Staff is asking Council adopt the resolution so that in the event the foundation sits for any length of time staff could continue with the removal without coming back to the Council and delaying this matter further. Mr. Hickok stated staff does think there is a contractor who has been hired to not only do the demolition work that has been done but to also rebuild. However, if there are any sort of delays, for the benefit of the City and those who may be in danger of an open excavation, staff asks that we have a resolution allowing us to proceed if necessary. Councilmember Barnette asked what would be a reasonable time for them to do the construction. Mr. Hickok replied the State statute spells out how long they have to either repair or to demolish. They would need to keep moving ahead. They have a very limited period (20 days) to move forward and take this to the next step. If they do not do that then having a resolution and having the ability to remove the structure, would still be in play. TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: September 20, 2010 CITY OF Re: Chapter 7 FRIDLEY Attached is the ordinance proposing amendments to Chapter 7 which you have been discussing and amending from the Holm Amendment. This item was tabled at the May 24th meeting. Amendment (C)(3) (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 er-implieElly 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 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 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 newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt a resolution after such public hearing a ica iision by an affirmative vote of at least four (4) members of the Council which resolution shall be presented to the electorate as a clear and concise 'plain language' ballot question at the next regular municipal election as clear and concise `plain language' ballot question. The additional tax levy shall take effect if approved by 51%of the votes cast on that ballot question. at said election are in favor of its adoption. 3. Creation of any new fees or increases in existing fees Any other fees created,or increased 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) 1-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 1 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: September 20, 2010 CITY OF Re: Chapter 2 Changes FRIDLEY May 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. UPDATE FROM MAY MEETING: No direction was given other than tabling this ordinance. My question is do we bring this issue to the City Council for their discussion, or does the Charter Commission want to come up with a proposal and then send to the City Council for their review. 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 n 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) 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) ✓'� 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 FROM: Deb Skogen,City Clerk and Staff Liaison Date: September 20,2010 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 l',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 15`as the day for determining the number of registered voters for the Primary and General Elections. If you use January 1 S`,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 can be held,and the amount of notice needed),and a brief timeline. UPDATE: After a brief presentation by staff,this proposed ordinance was tabled at the May meeting 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 years 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: n 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