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11-12-03 agendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 12, 2003 COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of Regular City Council Meeting of October 28, 2003 PRESENTATIONS 1. Presentation of proclamation designating American Education Week in Richfield, November 15-22, 2003 2. Annual meeting with Charter Commission COUNCIL DISCUSSION 3. Council discussion Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 4 City Manager's report Notes: AGENDA APPROVAL 5. Council approval of agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Co9uncil Member may request that an item be removed from the Consent Calends{ don the Consent Calenda gareda for Council discussion and action. All items recommended for approval. A. Consideration of approval of resolution granting off-street parking permit for 6300- 6310 Penn Avenue S.R. No. 249 B. Consideration of approval of resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees S.R. No. 250 C. Consideration of approval of resolution authorizing amendments to Flexible Spending Account Plan document S. R: No: 251 ro ert at 6300- D. Consideration of approval of first reading of ordinance rezoning p p Y 6310 Penn Avenue from Industrial to General Commercial S.R. No. 252 E. Consideration of approval of first reading of ordinance regarding franchise fees on gas and electric utilities and schedule public hearing and second reading for January 6, 2004 S.R. No. 259 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 8. Public hearing and second reading or ordinance amending Sections 2.03 and 3.01 of Richfield City Charter Staff Report No. 253 Notes: 9. Public hearing and second reading of ordinance amending Sections 3.05, 4.07 and 6:02::::.._ of Richfield City Charter Staff Report No. 254 Notes: 10. Public hearing and second reading of ordinance amending Section 3.09 and various sections of Chapter 5 of Ric Charter amendment d consideration of resolution authorizing summary publication of City Staff Report No. 255 Notes: 11. Public hearing and second reading of ordinance amending Section 6.01 of Richfield City Charter Staff Report No. 256 Notes: 12. Public hearing and second reading of ordinance amending various sections in ublicpation of Richfield City Charter and consideration of resolution authorizing summary p of City Charter amendment Staff Report No. 257 Notes: 13. Public hearing and second reading of ordinance repealing Sections 8.04 and 8.05 of Richfield City Charter Staff Report No. 258 Notes: OTHER BUSINESS 14. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 15. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # Z3 REPORT # 25H STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance repealing Sections 8.04 and 8.05 of the Richfield City Charter. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of ordinance repealing Sections 8.04 and 8.05 of the Richfield City Charter. III. BACKGROUND I The Richfield Charter Commission had discussed, reviewed and proposed amendments to several sections of the Richfield City Charter. The attached ordinance repeals Sections 8.04 and 8.05 of the Charter. The commission initiated the discussion regarding Sections 8.04 and 8.05. Those sections require that public improvements on City property must be approved by ordinance before the projects can proceed, if the estimated cost of the improvement exceeds $500,000 or if the estimated design costs exceed $75,000. Members expressed different reasons for repealing those provisions. The stated. reasons included: (1) that Sections 8.04 and 8.05 had been enacted in reaction to a particular project that generated community dissent, and that the election process should have been used to address perceived errors in government, rather than amending the governing charter for the City; (2) that Sections 8.04 and 8.05 had created some confusion as to when hearings on proposed improvements must be 1112Charter 8.04 held, and that the Charter Commission had been unable through previous discussions to agree upon any means of clarifying the language in those sections; (3) that the 1998 imposed, $75,000 limit was unreasonably low, in that the City would need to incur more than that amount in design fees in order to come up with plans that provided adequate information for the public to evaluate a proposed improvement; and (4) that there is already a public process for approval of a capital improvement program and budget, and the provisions of Sections 8.04 and 8.05 add an additional and unnecessary process. The Charter Commission approved the attached ordinance and voted 10-0, with one abstention, to submit the attached ordinance to the City Council for approval. First reading of the attached ordinance was held on October 14, 2003 and the public hearing and second reading were scheduled for November 12, 2003. Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. III. BASIS OF RECOMMENDATION A. POLICY Any proposal to construct a public improvement covered by Sections 8.04 and 8.05 of the City Charter must also be approved as part of the City's capital improvement program and budget. The hearings required under Sections 8.04 and 8.05 have been conducted simultaneously with the CIP/CIB approval process, which makes the value of the additional notice questionable. The process required under Sections 8.04 and 8.05 has been criticized as requiring a public hearing to consider a potential improvement, but preventing the expenditure of sufficient design funds to allow detailed information to presented to the public at the hearing. The City staff has adapted to the requirements under Sections 8.04 and 8.05 and has not experienced operational difficulties in complying with those requirements. B. CRITICAL ISSUES The Council needs to determine whether Sections 8.04 and 8.05 contribute in a meaningful way toward providing better or more information to the public about potential public improvements. C. FINANCIAL The proposed change makes it possible for the City to avoid the costs of certain hearing notices. The elimination of the notice and hearing requirements under Section 8.04 and 8.05 might, in some situations, allow the City to make decisions more quickly about public improvements and take advantage of favorable market conditions. State law required that the entire text of the ordinance be published in twice in the newspaper in advance of the hearing. On second reading, the ordinance must have unanimous approval in order to be adopted. D. LEGAL The Council must approve the ordinance unanimously in order for the ordinance to be effective. The requirement In Section 8.04 that the City Council approve certain projects by ordinance may have been imposed with the understanding that the ordinance would -then be subject to referendum. The referendum process may not be used to challenge administrative decisions, even when those are made by ordinance, and it is unlikely that any ordinance under Section 8.04 would be the proper subject of referendum. IV. ALTERNATIVE RECOMIVIENDATION~S~ The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. The Council may reject the proposed amendment. Anything less than unanimous approval of the proposed amendment effectively operates as a rejection of the amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V. ATTACHMENTS ~ Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING John Easterwood, Charter Commission President BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; REPEALING SECTIONS 8.04 AND 8.05 OF THE RICHFIELD CITY CHARTER; RELATING TO REQUIREMENTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 41.0 .(Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to repeal Sections 8.04 and '8.05 of the charter and has recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption effective date; filin 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02 Chapter 8 of the Richfield City Charter is amended by repealing Sections 8.04 and 8.05 of that chapter. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the-Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the. City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of .2003. Martin J. Kirsch, Mayor ATTEST: ancy i s, ity er AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 PUBLIC HEARING 12 257 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending various sections in Chapter 7 of the Richfield City Charter and consideration of the attached resolution authorizing summary publication of the City Charter amendment. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of ordinance amending various sections in Chapter 7 of the Richfield City Charter and approve the resolution authorizing summary publication of the City Charter amendment. III. BACKGROUND ~ The Richfield Charter Commission had discussed, reviewed and proposed amendments to several sections of the Richfield City Charter. The attached ordinance amends Sections 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10; 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 of the Richfield .City Charter. Each of the changes is explained in the discussion draft used by the Charter Commission, which is attached. The Charter Commission approved the proposed changes and by a unanimous vote of 11-0 voted to submit the attached ordinance to the City Council. First reading of the attached ordinance was held on October 14, 2003 and the public hearing and second reading were scheduled for November 12, 2003. 1112Charterchapter7 _ . ~. _ _ . _ Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. III. BASIS OF RECOMMENDATION A. POLICY The proposed changes simplify and clarify the City Charter requirements regarding the budget process and financial matters. The repeal of Section 7.04 will mean that the City Council will serve as the Board of Equalization for property tax matters. B. CRITICAL ISSUES The Charter provisions on the budget adoption process and financial matters should be written in clear and understandable language. Anew section has been added to clarify that the State Truth in Taxation procedures supersede any contrary City Charter provisions. C. FINANCIAL State law required that the entire text of the ordinance be published in twice in the newspaper in advance of the public hearing. On second reading, the ordinance must have unanimous approval in order to be adopted. D. LEGAL The Council must approve the ordinance unanimously in order for the ordinance to be effective. ALTERNATIVE RECOMMENDATION(S) ( The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. The Council may reject the proposed amendment. Anything less than unanimous approval of the proposed amendment effectively operates as a rejection of the amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V. ATTACHIvIENTS I Ordinance Discussion draft Resolution VI PRINCIPAL PARTIES EXPECTED AT MEETING ~ John Easterwood, Charter Commission President BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECTIONS 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background findings authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 7 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was -held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. \~' Section: 2 Adoption effective date: filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. The Council "^" "^~~° f"" controls the financial affairs of the City, ^n~' °"°" The Council must provide for the rom t collection of atl revenues ii .the preservation of a~ assets, iii the auditing ^n~ ~°±±!ow,°„+ of C~ accounts and (iv) a~ the safekeeping and ~~ "~~r~°n,°n+e ro er disbursement of public monies. 2.03. Section 7.02 of the Richfield City Charter is amended to read as follows: Section 7.02. Fiscal Year. The fiscal year of the City h~rO" "°c is the calendar year. 2.04. Section 7.03 of the Richfield City Charter is amended to read as follows: Section 7.03. System of Taxation. Subject to the state_constitution, and except as forbidden by it or by state ~.~ a~tise law, the Council s#atl may provide by er~a~se resolution, preceded by notice and .public hearing, for a system of tesa#+ea local taxation. In the taxation of real and personal property a~ ~^" +"° r;+~ ~"°!! the system of local taxation _ must conform as fully as possible to +"° n°n°r~l state law aSr-t8 in the ^~c°~~m°^+ valuation of s~# property and the collection of a the taxes. 2.05. Section 7.04 of the Richfield City Charter is repealed. 2.06. Section 7.05 of the Richfield City Charter is amended to read as follows: Section 7.05. Preparation and Submission of Annual Budget. Tt~e (`i+., flll.~nnn°r ^"~~~ ~ At a special budget meeting of the Council on or before +~ ~r°+ -r..°°,+°" ~^ September 15, the City Manager must submit to the Council a proposed budget and a-r~e~c~~ a budget message in a the form and ^^~~',.,,.~ containing the information .,^ nr°~nr~h°rJ specified in Section 7.06. 'F'tyi--s Qo" ^ ~ ~ r^ se--a r~d~s~s~-Qai~as-" e-e~-s#~ e~lt ~+°+,~ In preparing the budget and the budget message, the Manager sk-att must obtain from t#~.T°~-~easn C~ department heads information regarding (i) +"° ^"°r~^t°YC~es~an~-a°*c:!c c{ proposed expenditures r°n..°~+ inn~~,rlinn .,n °c±;w,M±o cf ~!! for the ensuing fiscal year, and (ii) capital projects 6F and capital expenditures ~^~"i^" °cc.". ~°~~~m°n+ h°nrl nnncirl°rc shag-I~ proposed to be undertaken in "i nr h°r rl°nnrFm°n+ fnr the ensuin budgett year and in the ^^°T-,~e following four fiscal years. ~^ nr°n,rinn +"° ~~'net~he-vr't`~-y-rv~r~r^rancJ°u-rr The Council sl~afl must r°"i°~~, +h° °c+im~+°c c hall hold one or more informational #~eas #-heres+~ meetings onvthe proposed budget at which the public may provide comments and may thereafter revise °°+~+~ the proposed expenditures and capital projects contained in the 2.07. Section 7.06 of the Richfield City Charter is amended to read as follows: Section 7.06. Form of Annual Budget. Subdivision 1. The budget ~."~~~ nrn.,irl° must contain a ser~plete financial plan for the ensuing met fiscal year. w~+sh-shalt The financial plan must include: {-~} a budget message, {-fa} ii a general summary of the financial plan,. ¢s} iii deta+te~ estimates of a~--aat+e~ revenues applicable to proposed expenditures, and, {~ iv all proposed expenditures. The p~epese~ Proposed expenditures st~att may not exceed #t~e proposed revenues. The Proposed expenditures for the general and special revenue funds must be listed by organization1 unit or activity,. and ii s#att be in parallel columns opposite the s~iaraster-~a-n~ major er and minor object of the expenditure showing the amount of su£# expenditure for the last se~pteted fiscal year, the amount estimated for the current budget fiscal year and the proposed expenditures for the ensuing met fiscal year. ~n f„n,+~ n+"°r The revenues attributable to each general and special r°~~~ fund t#e Fr-~s°~exFe~~i+~s-,",alt must be presented in a similar manner The Gi#~ ~..n~+n°r c h~+ll e~ ~hmi+ ~ ,~°+,i~°~--statement of revenues in ^nli ~mne fnr +h° amount of miscellaneous revenues, revenuesi and the amount of raver t-shall must include the source of and the amount of surplus of prior fiscal year ues raised by property taxes in the prior ed in the current fiscal vear. "°~~~ Subd. 2. The Budget Message_ ~~ err°n+ nn°r,+innc. The budget message may be submitted by the Manager as a separate document #er _ but it must accompany the budget. The message s~iatt must contain the following elements. an outline of the proposed financial in +h° +'nrm •+nrJ ~~,i+" nnn+°n+c ~+c fnlln~e,~• pe4+sies o.~ sition of the City for the ensuin met fiscal year and s#a~ -~or.~ in ^nnn°n+inn +h°r°~~ii+h the important features of the met financial plan of the Citv. '~-~""" c°+ f.,r+h +hg The message must give reasons for major changes in` expendltYur~es a~nd~revenues from the pre~ieu-s rp for fiscal year +n and n,.°...,~ ..~..._ ~_ s. _~_. explam a~ the rationale for major changes if any from previous +a financial y policies of the City. ii Capital Improvements=_ ° ^ ^°~+ ^f +h met The message ~ _ ~^ r., ...~.. ...... ......... _. ... _.. _ -- .- - ~ - ~ .. must contain a description of pending and proposed capital projects-a-r~d ~i-- ----.....1. .. ___.... ....~ the and the sources of funds to be iii R„~^°+ nn°ssc~o Capital Program:_ The ,also-,n~a° ?~ ±he message must contain, or "**"^h +h°r°+n have attached to it, a ~ Capital Project Plan for the ~e four fiscal years n°~+ "^^°°'+'n" following the fiscal year of the budget ~r;_ Th„e ~~Capit~,al~ Project Plan is to be prepared by the ~ff '~J~~t~F~-Frs~fi-ih~T° h°c-~ 9th°r ~ei~+h +h° o,T~~~o~un•+y°r~c i+nm the Manager after consultation with the department heads . - - ----~- du under Section 7.05 (iv) Miscellaneous The Manager must attach °++°++d-to or include in the budget message sn^"^" "c# supporting schedules, exhibits and other , believed by the S+t~ Manager c"^" h°'i°„° '~~°f"' +^ to be appropriate and informative. M ., 2.08. Section 7.07 of the Richfield City Charter is amended to read as follows: Section 7.07. ~ ^^° ^f °nn~ ~~+~ R,,,+^°+ Adoption of Budget. At the conclusion of the special budget meeting; the Council e#af4 must ~'°+e +h° n~-,,.° ^n~•l +~TT ^.~h~ set a public hearing on the budget; to be .held after of +h° +im ° of +h° n~ ~hlin published a notice one-i~d-pfas h°,.-tom",°".°!.. not less than seven d~ nor more than feu-r~eea 14 days after the date of publication. The budget ~tp. ri+" ~~°r4 r,nnn must be kept available to the public a-r~yer-e in the Clerk's office. . The public hearing on the budget~Tnertised-s#a~° "°'~' °n~' must be conducted se-a-s in a wa to give interested ^i+~ erp sons an opportunity to be heard. The Manager s#~al•t .must explain the various i+~ elements #-hereef of the budget as fully as m is deemed necessary by the Council #~axss~ The budget resolution s#~a~N must set #e## out the total established for each fed fund and eas# department with. such ver'grr°^~° other information deems deemed necessary by the Council. S~sk~ The budget resolution shafl must also state the amount of property and other taxes to be levied to fund the budget. 2.09. Section 7.08 of the Richfield City Charter is amended to read as follows: Section 7.08. Enforcement of the Budget. The C+ty Manager s#a-II must shy enforce the provisions of the budget as-spes;f~ T-~"~ ~~e~iee. The S+ty Manager smolt may not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. ~PJe An officer or employee of the City s may not place a~ an erde~s order or make a~ a purchase except for the purposes authorized in the budget. An obligation incurred by a~ a person in the employ of the City for a~ a purpose not in the approved budget or for a~ an amount in excess of #~ie an amount appropriated in the budget resolution or m excess of available monies in any a fund of the City ~^^^ca is a personal obligation ~ of the person incurring the expenditure. 2.10. Section 7.09 of the Richfield City Charter is amended to read as follows: Section 7.09. Altering or Adjusting the Budget. After the budget s#atl ~~fe has been adopted; the Council sn^" "°~~° ^^ ^^~^~°~° may not increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, ~ in an amount more than the estimated revenues; unless the actual receipts exceed the estimates and then not ~ more than the actual receipts. The Council may °* °^~~ +;~,°, by resolution reduce the sums appropriated for any purpose by the budget resolution. Within three months following the close of the fiscal year, the Council,. Al: at the request of the Manager, wit#i~--the--ranee-mefl##s s~-t#e-#~s eel-ye-~r; the_ ~-~,~1 may transfer unencumbered appropriation balances for that fiscal year from one office, department or agency to another within the same fund. Atl ap~ep~iafiefl-s Appropriations s#atl lapse at the end of the budget year to the extent that they Est have not been expended or ~-encumbered. 2.11. Section 7.10 of the .Richfield City Charter is amended to read as follows: Section 7.10. Emergency Appropriation in Budget. The Council may include an emergency appropriation as a part of the budget but not °. more than three °°r ^°^+~ ~ ep rcent of the total operating appropriations made in the budget for that year. A transfer from the emergency appropriation to ""~-^*~ another appropriation eha~ may be made e~y by resolution on recommendation of the City Manager or a member of the Council The funds +h~ so appropriated s may be used only for the purposes designated by the Council 2.12 Section 7.11 of the Richfield City Charter is amended to read as follows: Section 7.11. Disbursements. How Made. GIs Except as otherwise provided in this section, ~p~~T~ ~ disbursements of City funds s#afl may be made °.~ only by check bearing the actual or facsimile signature of the Manager and the treasurer. ~e-s~sl~ A check s#afl may not be issued unless the claim to which it relates specifies the purpose for which the disbursement is made and the fund upon which it is drawn, and the .claim has been supported by an itemized bill, payroll, or time sheet approved and signed by the responsible City officer who vouches for the correctness and reasonableness t~-eree# of the claim. The Council may by ordinance make further regulations for the safe-keeping and disbursement of the funds of the City, including the disbursement of funds for the payment of bills and 2.13. Section 7.12 of the Richfield City Charter is amended to read as follows: Section 7.12. Funds to be Kept. There elf must be maintained in the City treasury the funds provided for in +~ f^'- '~ this section. Subdivision 1. General Fund: The General Fund is established for the payment of all general government expenses and those obligations e# that the City deems deems proper. Into this fund el~l+ are to be paid alt monies not otherwise provided nereTr~-,-~ by statutes e~-~j~ ordinance or this Charter to be paid into any other fund. Subd._2. Liquor Special Revenue Fund Other Special Revenue Funds:. A Liquor Special Revenue Fund is established a~ into which e~ are to be paid ,net revenues (i.e. gross revenues less costs of operation maintenance and pledged revenuesZ of the municipal liquor store, ii proceeds frs~ of special tax levies to support the fund, and iii other special revenues so designated by the Council. T-f~efc~ "° ^'i~ ^„+ .,f t"~~ funrJ mnni°c fnr ~~,^" _n„rr,^~°~ Fxnenditures from the Liauor Special resolution; i be t+sed expended for capital improvements onl if authorized +~~s~~ ^°^°r^' ^"'i^'+,~ ;oT,.+~ by Council may by resolution establish other special revenue fu ordinance. The an Subd. 3. Utility - ~nterpnse ru more utility or ^+~ public service enterprise funds are to be e: which s#al•I are to be paid ~~ Y'''^^°~ ~°ri~i°,-1 from +h° c~l° ^f hn -. One or lished into n the sale of assets of_the utility or ente proceeds of bonds or other obligations issued for the purposes or the utiuty or enterprise. T"°r° "~" "° ^'°~+ ^~ ~+ Out of each ^f~ fund are to be paid the lest costs including the financing costs of the purchase, construction, operation, maintenance and repair of each the utility or enterprise~~ and other revenues as directed by the budget resolution. Separate funds sbafl must be established and kept for ^" ~~ +~'~e nr r,~~"~in~~ oiinoG ~crr~r~~}~~° ^r,°r^+°,+ ~°r,-,r^+°~~ each separate Subd. 4. Trust and Agency Funds:_ There are to be .established 8r~e one or more trust and agency funds for the care and disbursement of money received and held by the City as trustee or custodian or in the. capacity of an agent for individuals or other governmental units. Subd. 5. Discretionary Fund. A Discretionary Fund is established for payment of reasonable and necessary expenses, not otherwise payable by the City as compensation, incurred by the Mayor and Council Members for the benefit of the City ^^~' i+c ^°^^'°. Appropriations to and expenditures from this fund are in the amounts fixed in the budget resolution. The Council may by resolution establish the purposes and procedures for the making of disbursements from this fund, including disbursements made without previous Council authorization and those disbursements be are subject to audit and allowance by the Council. Subd. 6. In addition to the foregoing funds, there may be maintained in the City treasury, vah°ncv°r +ho rn~ ~nnil rl°°rv+^ ~+ ..rlvic Ohl°; ~ ~ one or more working capital or revolving funds, for financing self-sustaining activities not accounted for through other funds; and {~} ii such other funds as may be required by s~*~~T law, ordinance or the Charter. Subd. 7. Tk-e Council may make interfund loans by resolution where permitted by law except from Trust and Agency funds. 2.14. Section 7.13 of the Richfield City Charter is amended to read as follows: Section 7.13. Accounts and Reports. The accounts of the City s#a~ must be maintained on an accrual or modified accrual basis in accordance with generally accepted governmental accounting standards and procedures. The Manager s1~t4 must submit such reports as w~it4-be are necessary +r~ ewer to keep the Council fully informed of the financial condition of the City. Once each year on or before ~ June 30, the City Manager s#af4 must submit a complete financial report of the City for the preceding fiscal year ending December 31, a summary of which s~f must be published in the official newspaper. The Manager, under the direction of the Council, on or before June 30 e~-eac~j~ear, ~hafl must prepare at least one comprehensive public information report of the financial affairs of the City. ~, ~..~~ .,,,.,,....,,.,... .~r.., .,..._ _..~.. _- ----------- The Manaaer must distribute the report to the persons and organizations and man 2.15. Section 7.14 of the Richfield City Charter is amended to read as follows: Section 7.14. Cit~lndebtedness. Except as provided in Sections 7.15 and 7.16, ~e obligations sf~f ma~not be issued to pay current. expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Charter or by state law, ~e-~sus#~ obligations I may not be issued and sold without the approval of the majority of the ~,t.;~+ voters of the City voting on the question at a general or special election. Before submitting a question to the voters under this Section, the Council must conduct at least one public hearing on the question. preceded by published notice ^~,~brisT°^'~-~-a ~p°,-'~el•est~-b3~-##e not more than 28 days nor less than 14 days prior to the hearing. 2.16. Section 7.15 of the Richfield City Charter is amended to read as follows: Section 7.15. Tax Anticipation Certificates. At any time after January 1, following the making of an annual tax levy, the Council may issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total amount of certificates issued against any fund for any year with interest thereon until maturity s#afl may not exceed 90% of the total current taxes for the fund uncollected at the time of issuance. Certificates s#atl may be issued on such terms and conditions as the Council may determine but they shall become due and payable not later than the first day of April of the year following their issuance. The proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the full faith and credit of the City s must be irrevocably pledged for the redemption of the certificates in the order of their issuance against the fund. 2.17. Section 7.16 of the Richfield City Charter is amended to read as follows: Section 7.16. Emergency Debt Certificates. If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures, the Council may by resolution issue and sell on such terms and in such manner as the Council determines emergency debt certificates to r' ~^ ^^* *^ °~^°°`' fi.'^ mature within three years. A tax sufficient to pay principal and interest on such certificates ,.~~- .Y,^r^in must be levied as required by law. The resolution authorizing an issue of such emergency debt certificates e#a~l must state the nature of the emergency and be approved by a majority of all the members of the Council. 2.18 Chapter 7 of the Richfield City Charter is amended by adding a new section as follows: Section 7.17. State Budget Procedu ule and procedure for the adoption of the is different from that provided in sections 7.05 through 7.07 of this charter, the SrhPdulP and procedure in state law supersedes the schedule and m 2.19 This ordinance is effective ninety (90) days after its publication; except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.20 On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with. the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk NOTE: The final sentence of existing section 7.04 is outdated. State law (Minn. Stat. Chapter 274) provides that no one's property valuation may be rased by the board without prior notification. There seems to be no good reason to notify a property owner of a reduction in valuation; and under the existing language, a wholesale reduction in valuation would require notice to all property owners. It should be noted that the valuations approved by the Board are all subject to review by the County Board of Equalization. The requirement for two resident members is probably unique. It is doubtful that such members are required since almost all of the technical data on valuation is supplied by the City and County Assessors. If the members are retained, a term should be specified. The city council recommended that this section be repealed. The effect of doing so will be that the city council will serve as the Board of Equalization, unless the city council delegates its duties to the county as provided by Minnesota Statutes § 274.01. Section 7.05. Preparation and Submission of Annual Budget. The City Manager shall, at a special budget meeting of the Council on or before the first Tuesday m September, submit to the Council a budget and an explanatory budget message in a form and manner as prescribed in Section 7.06. For such purpose and at-such date as he or she shall determine, the City Manager shall obtain from the head of each department the character, object and details of proposed expenditures together with such other supporting data as he or she may request, including.. an estimate. of all capital projects or capital expenditures which each department head considers should be undertaken in his or her. department for the budget year .and. the next five years. In preparing the budget the City Manager shall review the estimates, shall.: hold hearings. thereon and may revise estimates, as he or she may deem advisable. (Amended .Bill 1990-13) arat al special budget meeting of the Council on or before September 15, the City Manager must submit to the Council a proposed budget and a budget message in the form and containing the information specified m Section 7.06. In preparing the budget and the budget message the Manager must obtain from City department heads information regarding_(i) proposed expenditures for the ensuing fiscalyear and ii capital protects and capital expenditures proposed to be undertaken in the ensuing_ budget year and in the following four fiscal years The Council must hold one or more informational meetings on the proposed budget at which the public may provide comments and may thereafter revise the proposed expenditures and capital protects contained m NOTE: The projection of capital projects is changed from the existing five years to four. Four plus the present .fiscal year makes for a more standard five-year capital improvement program. The deadline for submitting the proposed budget to the council has been changed to September 15, which is the same date as that provided by _ state law for the submission of the preliminary levy. The deadline established in this section is actually meaningless while the state Truth in Taxation Law remains in effect. Under the new section 7.17, the city would follow state law requirements for preparation of its budget and not the deadlines in the charter. But the September 15 deadline is retained here, in case the Truth in Taxation law is ever repealed. DISCUSSION DRAFT CHAPTER 7 TAXATION AND FINANCES TAXATION AND FINANCE Section 7.01. Council to Control Finances. The Council shall have full authority over the financial affairs of the City, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts and the safekeeping and disbursements of public monies. monies. Section 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7 02 Fiscal Year The fiscal year of the City is the calendar year. Section 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or by state legislation, the Council shall have full power to provide by ordinance for a system of location taxation. In the taxation of real and personal property as such, the City shall conform as fully as possible to the general state law as to the assessment of such property and the collection of such taxes. NOTE: Notice and hearing before the adoption of a tax ordinance would probably take place anyway since it is probably constitutionally required. It seems desirable to include that requirement here. -The commission should be aware that the possibility of the City being able to use this provision in the foreseeable future and beyond is about zero. Section 7.04. Board of Equalization. The Board of Equalization shall consist of the members of the Council and two residents of the City appointed for a one year term by the City Manager and approved by the Council. The two resident members shall be experienced m real estate matters and shall receive such compensation as the Council may determine. The Board of Equalization shall equalize assessments of property for taxation purposes according to law. As soon as any real estate has been reassessed, the affected property owner shall be notified by the assessor of the amount of the change and the reasons therefor. Section 7.04. Repealed. The city council requested that the requirement for the manager to hold public hearings be changed to a requirement that the council hold informational hearings. Section 7.06. Form of Annual Budget. The budget shall provide a complete financial plan of all funds for the budget year, which shall include: (a) a budget message, (b) a general summary, (c) detailed estimates of all anticipated revenues applicable to proposed expenditures, and, (d) all proposed expenditures. The proposed expenditures shall not exceed the proposed revenues. The expenditures for general and special revenue funds shall be by organization unit or activity and shall be m parallel columns opposite the character and major or minor object of expenditure showing the amount of such expenditure for the last completed fiscal year, the amount estimated for the current budget year and the proposed expenditures for the ensuing budget year. In funds other than general and special revenue, the proposed expenditures shall be presented in an understandable manner according to the discretion of the City Manager. The City Manager shall submit a detailed statement of revenues in columns for the general and special revenue funds for the last completed fiscal year, the amount established for the current budget year and the amount estimated for the next budget year. Such detail shall include the source of miscellaneous revenues, the amount of surplus of prior year revenues and the amount raised by property taxes. Revenues for self-supporting and other funds shall be presented in an understandable manner according to the discretion of the City Manager. The explanatory budget message may be separate but still accompanying the budget, and be in the form and with contents as follows: (Amended Bill 1990-13) Section 7 06 Form of Annual Budget Subdivision 1. The budget ust contain a financial flan for the ensuing fiscal year. The financial plan ust include U a budget message (ii) a general summary of the financial an. liii) estimates of_revenues applicable to proposed expenditures -and (iv} nrnr~ncarl PXnPnrlitures_ Proposed expenditures maY_ nor exceea prop~seu revenues. Proposed expenditures for the general ana s~eciai revenue rungs must (il be listed by organization unir Or aCilVlry anU ~~~~ uc iii ~a~auci columns opposite the major and minor object of the expenditure snowing me amount of expenditure for the last fiscal Year the amount estimated for the current fiscal year and the proposed expenaiture ror me ensumg nscai yea-. The revenues attributable to each general and special fund must be n.-~e~en4o,~J in ~ cimil~r manner TnP GtatPment of revenues must include the nt su Year. Budget Message -Current Operations: The budget message submitted by the City Manager for the Council shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the City for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for major changes from the previous year in cost and revenue items and shall explain any mayor changes in financial policy. Budget Message -Capital Improvements: As a part of the budget message with relation to the proposed expenditures for capital projects stated in the budget, the City Manager shall include a statement of pending capital projects and proposed new capital projects, relating to the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. Budget Message -Capital Program: The City Manager shall also include in the message, or attach thereto, a capital program of proposed capital projects for the five fiscal years next succeeding the budget year, prepared by the planning commission, if such there be, together with the City Manager's comments thereon and any estimates of costs prepared by the department of public works or other office or department. For the use of the planning commission in preparing such capital program, copies of departmental _ estimates of capital projects, filed with the City Manager pursuant to Section 7.05 of this article, shall be filed with the commission. (Amended Bill 1990-13) Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital improvements as the City Manager shall believe useful to the Council. (ii) Capital Improvements. -The message must contain a desrrintion of oendina and proaosed capital proiects together with Pstimates of the costs of those aroiects ana the sources or Section 7.07. Passage of Annual Budget. At the special budget meeting, the Council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the time and place of the public hearing to be held not less than seven days nor more than fourteen days after publication. The budget shall be a public record in the office of the City Clerk open to public inspection by anyone. The City Manager shall cause sufficient copies to be prepared for distribution to interested persons and civic groups. The budget meeting as advertised shall be held and adjourned from time to time and. conducted so as to give interested citizens a reasonable opportunity to be heard. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The Council shall adopt the budget no later than the last date established by law for the County Auditor to levy taxes. The budget resolution shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the NOTE: The city council requested the deletion of the requirement that the Capital Project Plan be presented to the planning commission. Council deems necessary for purposes of budget control. Such resolution shall also state the amount of taxes to be levied. NOTE: See proposed new section 7.17, which recognizes that the budget adoption and tax levying procedures in the Charter must conform to the State "truth in taxation laws". if these laws are repealed, the Charter procedure at sections 7.05 through 7.07 would control. Section 7.08. Enforcement of the Budget. The City Manager shall strictly enforce the provisions of the budget as specified in the resolution. The City. Manager shall not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. No officer or employee of the City shall place any orders or make any purchase except for the purposes authorized in the budget. Any obligation incurred by any person in the employ of the City for any purpose not in the approved budget or for any amount in excess of the amount. appropriated in the budget resolution or in excess of available monies in any fund of the City may be considered a personal obligation upon the person incurring the expenditure. (Amended Bill 1990-13) Section 7.09. Altering or Adjusting the Budget. After the budget shall have been duly adopted, the Council shall have no power to increase the amounts fixed in the budget resolution, by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts exceed the estimates and then not beyond the actual receipts.. The Council may at anytime, by resolution approved by a four-fifths majority of its members, reduce the sums appropriated for any purpose by the budget resolution. At the request of the Manager, within the last three months of the fiscal year, the :Council may transfer unencumbered appropriation balances from one office, department or agency to another within the same fund. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Note: The. requirement of afour-fifths majority of the Council to reduce budget allocations is removed: there seems to be no good reason for this requirement. The budget itself is adopted by a simple majority and extraordinary majority vote requirements promote minority rule by g-ving extraordinary weight to the one additional vote needed for passage. It should be noted that this 4/5t"'s rule is a common requirement in city charters and is the rule in statutory, (non-charter) cities. But the rule has been included in the League of Cities Model Charter since it was first prepared some 60 years ago when reasons for it may have been more evident. The_rule is somewhat like the "QWERTY" phenomenon on the typewriter keyboard which everyone agrees is cumbersome but repeated attempts to rearrange the keys have not been successful.. City staff requested the change to allow accounts to be reconciled within three months after the close of the fiscal year. Section 7.10. Emergency Appropriation in Budget. The Council may include an emergency appropriation as a part of the budget but not exceed three per centum of the total operating appropriations made in the budget for that year. A transfer from the emergency appropriation to any other appropriation shall be made only upon recommendation of the City Manager or a member of the Council and by a majority vote of the Council. The funds thus appropriated shall be used only for the purposes designated by the Council Section 7.11. Disbursements. How Made. No disbursement of City funds shall be made except by check bearing the actual or facsimile signature of the City Manager and the treasurer. No such check shall be issued unless the claim to which it relates specifies the purpose for which the disbursement is made and the fund upon which it is drawn, and has been supported by an itemized bill, payroll, or time sheet approved and signed by the responsible City officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance make further regulations for the safe-keeping and disbursement of the funds of the City. NOTE: Strictly read, the existing language does not permit payments by credit card or wire transfer, an increasingly common practice. The new language assumes that the City Council will carefully circumscribe the practice while permitting its use when essential. Section 7.12. Funds to be Kept. There shall be maintained in the City treasury the funds provided for in the following subdivisions: ion 712 Funds to be Kept. Section 1. There in the Citv treasury the funds provided for in this sectior Sub. 1. General Fund: The General Fund is established for the payment of all general government expenses and obligations of the City as the Council may deem proper. Into this fund shall be paid all monies not otherwise provided herein, or by statute or by ordinance to be paid into any other fund. ubdivision 1. General Fund: Went of general government E ;ms groper. Into this fund I by statute- ordinance or this IF nto for Sub. 2. Special Revenue Fund: A Special Revenue Fund is established and into which shall be paid the profits from public service enterprises, including the profits from the liquor store, proceeds from special tax levies and other special revenues. There shall be paid out of this fund monies for such purposes as authorized by the budget resolution; provided, however, that such monies may be .used for capital improvements of the type for which the City would be authorized to issue general obligation bonds only by ordinance. Subd 2 Liquor Special Revenue Fund Other Special Kevenue Funds A Liquor Special Revenue Fund- is established into which are to be paid (~ net revenues (i a gross revenues less costs of operation, maintenance and pledged revenues) of the municipal liquor store, (n) proceeds of special tax levies to support the fund and (iii) other special revenues so designated by the Council. Expenditures from the Liquor Special Revenue Fund may be made only as authorized by the budget resolution. Monies in the fund may. be expended for capital improvements only if so authorized by ordinance The Council may by resolution establish Was. NOTE: The term "profits" is not appropriate for municipal enterprises. The new definition of "net revenues" is un-formly recognized -n governmental accounting. It is doubtful that alt "profits" (i.e., net revenues) of the water, sewer and storm sewer utilities are presently paid into this fund. If this is desirable, it may be done by the Counc-I under (---) "other special revenues'; or by the budget resolution. The "provided" language is not helpful. The City is authorized by law (and this Charter) to issue general obligation bonds for any capital purpose: the requirement for an ordinance seems unnecessary since the ordinance would not be subject to referendum. City staff requested clarification that this section does not prohibit the city from establishing other special revenue funds with non-liquor funds. Sub. 3. Utili~- or Other Public Service Enterprise Funds: One or more utility or other public service enterprise funds into which shall be paid all money derived from the sale of bonds issued on account of any municipally owned utility or enterprise and all money derived from the sale of utility or other public enterprise services and from the sale of any property acquired for or used in connection with any such utility or enterprise. There shall be paid out of this fund the cost of the purchase, construction, operation, maintenance and repair of such utility or enterprise, including the principal of and interest upon obligation which have been or shall be issued on its account. Separate funds shall be kept for all utilities or public service enterprises which are operated separately. NOTE: The present language does not require revenues of utilities and enterprises to be paid to an appropriate fund. Sub. 4. Trust and Agency Funds: One or more trust and agency funds for the care and disbursement of money received and held by the City as trustee or custodian or in the capacity of an agent for individuals or other governmental units. Sub. 5. Discretionary Fund. A Discretionary Fund is established for payment of reasonable and necessary expenses, not otherwise payable by the City, incurred by the Mayor and Council Members for the benefit of the City and its people. Appropriations to and expenditures from this fund shall not exceed $500 per year. The Council may by resolution establish the purposes and procedures for the making of disbursements from this fund, but disbursements made without previous Council authorization shall be subject to audit and allowance by the Council. (Amended Bill 1968-16, Bill 1990-13) NOTE: It is probably not a good idea to include a dollar figure for this fund. $500 in 2010 is a good deal different than $500 in 1990. It is possible to set a figure with a cost of living adjustment, but that seems unnecessary for such a small item that most city councils police with great attention. Sub. 6. In addition to the foregoing funds, there may be maintained in the City treasury, whenever the Council deems it advisable; (1) one or more working capital or revolving funds, for financing self-sustaining activities not .accounted for through other funds; and (2) such other funds as may be required by statute or ordinance. Subd 6 In addition to the foregoing funds there may pe mamtainea in the Ci~r treasury (~ one or more working capital or revolvma funds, for _ __ _ _~r _.._a..:.,.:...... ..,.+~.,~+~„~ „~+ ~.•~~~ intarl fr1Y thrnl Inh ether funds. and uired by law ordinance or the C Sub. 7. The Council may make interfund loans by resolution where permitted by law except from Trust and Agency funds. NOTE: No changes made in Sub. 7. Section 7.13. Accounts and Reports. The accounts of the City shall be maintained on an accrual or modified accrual basis in accordance with generally accepted governmental accounting standards and- procedures. The City Manager shall submit such reports as will be necessary in order to keep the Council fully informed of the financial condition of the City. Once each year on or before the 30th day of June, the City Manager shall submit a complete financial report of the City for the preceding fiscal year ending December 31, a summary of which shall be published in the official newspaper. The City Manager, under the direction of the Council, on or before June 30 of each year,. shall prepare at least one comprehensive public information report of the financial affairs of the City. Said report shall. be an informative type, and shall be distributed Citywide. (Amended, Bill No. 2002-2) --------------------------- NOTE: This section was recently amended to extend the date of the Manager's report. But what happens ~f for whatever reason the City's auditors don't complete their work by that date? Would it be better to leave the date of reporting and publication to the Manager? What is the difference between "a complete financial report" and a "comprehensive public information report"? Are two reports necessary? If one is published is the further distribution required by the last sentence necessary? Section 7.14. City Indebtedness. Except as provided in Sections 7.15 and 7.16, no obligations shall be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Charter or by state law, no such obligations shall be issued and sold without the approval of the majority of the registered voters of the City voting on the question at a general or special election. Before submitting a question to the voters under this Section, the Council must conduct at least one public hearing on the question preceded by notice published in a newspaper(s) selected by the Council not more than 28 days nor less than 14 days prior to the hearing. (Amended Bill No. 1993-7 NOTE: The public hearing requirement of the last sentence is rare in charters if not unique. In the normal case, there is extensive public discussion and input to the Council before such an election. There is no similar requirement in state law. Section 7.15. Tax Anticipation Certificates. At any time after January 1, following the making of an annual tax levy, the Council may issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total amount of certificates issued against any fund for any year with interest thereon until maturity shall not exceed 90% of the total current taxes for the fund uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the Council may determine but they shall become due and payable not later than the first day of April of the year following their issuance. The proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the full faith- and credit of the City shall be irrevocably pledged for the redemption of the certificates in the order of their issuance against the fund. Section 7.16. Emergence Debt Certificates. If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures, the Council may by resolution issue and sell on such terms and in such manner as the Council determines emergency debt certificates to run not to exceed two years. A tax sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The resolution authorizing an issue of such emergency debt certificates shall state the nature of the emergency and be approved by a majority of the Council. Section 7.16. Emergencv Debt Certificates. If in any year the receipts from taxes or other sources should from some unforeseen cause aecome er u rdina such terms and in such manner as the Council determines emergency aept cartifiratec to mature within three vears. A tax suttiaent to pay prmcipai ana The fate the nature of~the emergency and ~be approved by a~ma~or~ty of all the members of the Council NOTE: This section duplicates existing law in Minnesota Statutes, Section 475.754, except for (i) the two year maturity; and (ii) the fact that certificates issued under the Charter are within the City's debt limit. There is no harm in leaving the section (as revised) but it could be removed without doing violence to the Charter. NEW SECTION 7.17. NOTE: This section recognizes that the budget adoption and. tax levying procedures in the Charter must conform to the State "truth in taxation laws". If these laws are repealed, the Charter procedure at sections 7.05 through 7.07 would control. /~"~`~" ~/}~„ /02 RESOLUTION NO. _ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 7 OF THE RICHFIELD CITY CHARTER WHICH PERTAINS TO CITY GOVERNMENT WHEREAS, the City Council of the City of Richfield has adopted the above- referenced Ordinance relating to City Government; amending the City Charter to modify and clarify financial and budgeting procedures; amending Sections 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 of the City Charter; adding a new section 7.17, and repealing Section 7.04 of the City Charter; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: *** SUMMARY PUBLICATION AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECTIONS 7.01, 7.02, 7.03, 7.05, 7.06, 707, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 The City Council of the City of Richfield has, adopted Ordinance No. .The ordinance amends Sections 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10; 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 of the City Charter; adds a new section 7.17, and repeals Section 7.04 of the City Charter. The Ordinance simplifies and clarifies the City Charter requirements regarding the City budget process and financial matters. By repealing Section 7.04 of the Charter, the Ordinance also causes the City Council to serve as the Board of Equalization for property tax matters. The full text of the above-referenced Ordinance is available for inspection at Richfield City Hall during regular business hours. Dated: November , 2003 BY ORDER OF THE CITY COUNCIL Nancy Gibbs, City Clerk *** BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Passed by the City Council of the City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk BDS-240022v2 2 RC145-17 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 7 OF THE RICHFIELD CfTY CHARTER WHICH PERTAINS TO CITY GOVERNMENT WHEREAS, the City Council of the City of Richfield has adopted the above- referenced Ordinance relating to City Government; amending the City Charter to modify and clarify financial and budgeting procedures; amending Sections 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 of the City Charter; adding a new section 7.17, and repealing Section 7.04 of the City Charter; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: *~ SUMMARY PUBLICATION The City Council of the City of Richfield has adopted Ordinance No. The ordinance amends Sections 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 and 7.16 of the City Charter; adds a new section 7.17, and repeals Section 7.04 of the City Charter. The Ordinance simplifies and clarifies the City Charter requirements regarding the City budget process and financial matters. By repealing Section 7.04 of the Charter, the Ordinance also causes the City Council to serve as the Board of Equalization for property tax matters. The full. text of the above-referenced Ordinance is available for inspection at Richfield City Hall during regular business hours. Dated: November 12, 2003 BY ORDER OF THE CITY COUNCIL Nancy Gibbs, City Clerk *~ Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk BDS-240022v I RC 145-17 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # 11 REPORT # 256 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY N.9ME, TITLE COUNCIL PRESENTER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Section 6:01 of the City Charter. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending the Richfield City Charter, Section 6.01, to come into compliance with State law. III. BACKGROUND I The Richfield Charter Commission has discussed, reviewed, and proposed amendments to several sections of the Richfield City Charter. By unanimous motion, the Charter Commission has proposed that Section 6.01 of the City Charter be amended to eliminate the residency requirement for the City Manager. The Charter Commission approved the attached ordinance and voted 11-0 to submit the attached ordinance to the City Council for approval First reading of the attached ordinance was held on October 14, 2003 and: the public hearing and second reading were scheduled for November 12, 2003. Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statutes, Section 415.16 provides that, notwithstanding any charter or ordinance provision to the contrary, a city may not require a 1112charter6.01 person to reside in the city as a condition of employment (with the exception of positions which, by the nature of their duties, require the person to reside at their place of employment). The residency requirement in Section 6.01 is superseded by State law and is ineffective. The Charter Commission felt that retaining the residency requirement in Section 6.01 could cause confusion by residents who are not aware of the provisions of Section 415.16. Opponents of residency requirements assert that residency requirements restrict the field of qualified candidates for a position, particularly in today's society, where both spouses in a family often work in different cities, and where non-custodial parent employees may want to maintain residency near their children. It can also place an economic burden on individuals regarding the purchase/sale of existing homes. Proponents of residency requirements assert that residency promotes greater responsiveness and commitment from employees while opponents contend that residency can result in actions that may not be as objective as desired. B. CRITICAL ISSUES The residency requirement in Section 6.01 is superseded by State law, is not effective, and presents the opportunity for public misunderstanding as to whether the City is complying or not complying with its charter. If Section 6.01 is not amended, the City's residency requirement would be reinstated without further amendment of the City Charter, if the State law were ever repealed. C. FINANCIAL N/A D. LEGAL The amendment would render the City Charter in compliance with State law. Without the amendment, the current City Charter provision is superseded and ineffective. ALTERNATIVE RECOMMENDATION(S) ~ The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. • The Council may reject the proposed amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V ATTACHMENTS I Ordinance. I PRINCIPAL PARTIES EXPECTED AT MEETING ~ - . John Easterwood, Charter Commission President. BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 6.01 OF THE RICHFIELD CITY CHARTER; REMOVING RESIDENCY REQUIREMENT FOR CITY MANAGER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background findings authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to remove the residency requirement for the city manager and has recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief. description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 6.01 of the Richfield City Charter is amended to read. as follows: Section 6.01. The City Manager. The City Manager shall be the chief executive and head of the administrative branch of the City government and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. ~ ,___L ~..~.~~ ~..~.,r,. ~f ~~;~o N~................, ~~- ------ v ~qa~-res+~~ ". ~"i~-t#e~-Cif The City Manager shall be appointed for an indefinite period and may be removed by the Council at any time; but after serving as Manager for one year, the manager may demand written charges and a public hearing before the. date of final removal takes effect. Written charges, if demanded, shall be furnished a reasonable time before the public hearing. After such hearing, if one is demanded, the Council shall have unlimited discretion either to reinstate the Manager or make removal final. Pending such hearing and removal, the Council may suspend the manager from office. The Council may designate some properly qualified person to perform the duties of the Manager during the Manager's absence, disability, suspension, or while the office of the Manager is vacant. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # j 0 REPORT # 255 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Section 3.09 and various sections in Chapter 5 of Richfield City Charter and consideration of the attached resolution authorizing summary publication of the City Charter amendment.. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending Section 3.09 and various sections in Chapter 5 of the Richfield City Charter and approve the attached resolution authorizing summary publication of the Citv Charter amendment. III. BACKGROUND ~ The Richfield Charter Commission had discussed, reviewed and proposed amendments to several sections of the Richfield City Charter. The attached ordinance amends Sections 3.09, 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16., 5.17, 5.18, 5.19 and 5.20 of the Richfield City Charter and adds a new Section 5.22. The changes that have been proposed generally fall into three categories: (1) substantive changes that are intended to address clerical problems that were encountered in previous referendum efforts; (2}substantive changes-that are intended to protect the referendum process from fraud; (3) changes to conform the Charter to court decisions; and (4) grammatical changes to improve the clarity of the ordinance. 1112CharterChapter5 An explanation of most of the changes is contained in a discussion draft that was provided to the Charter Commission m June 2003 (copy attached). The final draft contains a few additional changes, which are summarized here. The Commission revised Section 5.04 to require 25 members for any committee sponsoring an initiative. This was a recommendation that had been made by the League of Women Voters, and it prompted a technical change to the form for the petition, set forth at Sections 5.06 and 5.12. Section 5.05 was revised to require signatures of 15 percent of registered voters on an initiative petition, instead of 5 percent. That change was consistent with changes recommended to Section 5.06, which had been recommended by the City Council following a suggestion by the League of Women Voters. The Charter Commission approved the attached ordinance and voted 10-1 to submit the attached ordinance to the City Council for approval. First reading of the attached ordinance was held on October 14, 2003 and the public hearing and second reading were scheduled for November 12, 2003. Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. III. BASIS OF RECOMMENDATION A. POLICY • The Charter Commission has recommended changes that will conform the City Charter to applicable law, including (1) the addition of a provision that excepts land use and zoning ordinances from referendum and initiative, (2) the repeal of limitations on the expenditures that petition committees may make; (3) the addition of a requirement that an initiative ordinance may only relate to one subject; (4) the revision of deadlines to hold an election to conform to state timelines. • Many of the changes recommended by the Charter Commission are intended to make the meaning of the Charter more clear and readily understandable. • The Charter Commission has proposed amendments that will assist the City Clerk in determining the adequacy of petitions, namely (1) allowing an additional 5 working days to verify petitions and (2) requiring that petition signers provide their printed names and signatures. • Some of the proposed changes are designed to prevent the incidence of fraud and protect the integrity of the initiative and referendum process, including (1) requiring that petition forms advise signers of criminal penalties for forging a signature or accepting compensation to sign a petition; (2) requiring printed names and signatures on petition forms; (3) requiring that circulators must be residents of the State; and (4) adding penalties for forgery and other violations of the Charter. • Some changes were made by the Charter Commission at the suggestion of the League of Women Voters, in order to ensure that petition drives have significant community support. These include: (1) increasing the required number of committee members for a sponsoring committee; and (2) increasing the number of signatures required for initiative and referendum petitions. B. CRITICAL ISSUES • The Charter requirements for initiative, referendum, and recall should ensure the honesty and integrity of the process to the extent possible. • The process for initiative, referendum and recall should allow adequate opportunity for City staff to accurately and properly verify signatures. The Charter requirements for initiative, referendum and recall need to strike an appropriate balance between ensuring that such measures have broad community support and avoiding undue restrictions on the exercise of initiative, referendum, and recall. IV. C. FINANCIAL • The allowance of 5 additional days for verifying signatures will save the City some or all overtime costs. • State law required that the entire text of the ordinance be published twice in the newspaper in advance of the public hearing. On second reading, the ordinance must have unanimous approval in order to be adopted. D. LEGAL • The Council must. approve the ordinance unanimously in order for the ordinance to be effective. • Some of the recommended changes, as noted, will conform the City Charter to existing law. TERNATIVE KECOMMENDATION(S) ~ The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. The Council may reject the proposed amendment. Anything. less than .unanimous approval of the proposed amendment effectively operates as a rejection of the amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V. ATTACHMENTS ~ • Ordinance • Discussion draft • Resolution - PRINCIPAL PARTIES EXPECTED AT MEETING • John Easterwood, Charter Commissior ent BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background• findings' authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard -with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption• effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative. referendum and recall, to be exercised, in accordance with the provisions of this Charter; #e ir~i+i~~o ~n~ _~nnr+r n~i nrrlin~nno p~ nor++ n ~rrlir»r~no r~r~mr+ri~~inn the. involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any #+ve 25 residents of the City who are registered voters may form themselves into a sponsoring comm_ ittee for the initiation of any 1 ' ' an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition+" the comm+ttee must file an affidavit and its proposed petition •• with the City Clerk;. The affidavit must state that a committee has been formed, must contain, +~~°+h°r ~eii+h +h°~r the names and addresses as of the committee members and must be signed beach member of the committee whose signatures must be verified a notary public. Tt~~F The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with the committee members' .names and. addresses as sponsors +h~. The ordinance must relate to only one subject which is ...,,,.r.., ...,r,r°~~°,~ in +hc no+~+~~-, Fvarv rirrulator of a sianature paper must a 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any,ordinance sit must consist of the ordinance, together with all the signature papers and affidavits +h~ attached. S~I~ A petition s#atl is not ~e complete unless signed by a number of registered voters equal to at least f+ve fifteen percent 15% of the total number of registered voters at the time. of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every signature paper s#atl must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper s#atl must. be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified ~ copy of w the proposed ordinance is #~erete attached. A. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. [listing all members of the committeel B. Instructions to Petition Signers 2.06 You are being asked to sign a petition You must be a resident of, and a registered voter in, the City of Richfield. Every person signing this petition must do so in the presence of the person circulatmg the petition. It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing_your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature 1. 2. 3. Name (print legibly) Address sprint legibly) (A+ +h° °nr) of +h° lic~+ of ci,rn~+fi ~r°o chnll h° ~r~n°nrl°r! +h° The affidavit of the circulator rY,°^+i^^°,~ r+h^~ ° must be attached at the end of each signature paper.) Section 5.06 of the Richfield City Charter is amended to read as follows:. Section 5.06. Filing of Petition and Action Thereon. All the signature papers. sail must be filed in the office of the City Clerk as one instrument. Within #+ve--(~} ten (10) working days after the filing of that petition, the City Clerk s#a-~I must ascertain by examination, the number of registered voters in the City whose signatures are ^nn°^~,°,+ +"°r°+^ attached and whether this number is at least f+ve fifteen percent (5-°1a-15%) of the total number of registered voters at the time. of the last regular municipal election. The validity of the signatures must be Ldged as of the day the petition was filed. If the City Clerk finds the petition ~ to be insufficient or irregular, the City Clerk sit must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular,n-~"^" h° fi'°,+ "" the City Clerk shall file the petition in the City Clerk's office and noti each member of the committee sn^""" ~'~-rnr^vt rF°ca of that fact h„ +h° ri+„ rl°rlc. The final finding of the insufficiency or irregularity of a petition. s#at-I does not prejudice the filing of a new petition for the same purpose, nor s#atl does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk must so certify to the Council at its next meeting, stating the number of ^°+i+~ valid signatures on the petition and the percentage of the total number of registered voters at the time of the last regular municipal election which they constitute, ^-~„~'~"~. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public ttea~gs hearing upon the ordinance, a#°~-t~ '~'i^^ ^f ~~~ as; r-t"e lic but not later than sixty-fve (65) days after the City Clerk was submitted the ordinance to the Council ~ +h° ~~+„ rim, the Council must take final action on the ordinance. 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 sponsors, the proposed ordinance sttatl must be submitted by the Council to a vote at the next regular municipal election, but if the nr.,~;7ers-e~ c'^^~ of number of valid signatures on the petition is equal to at least #+#teer~ twenty percent (~ 20%) of the total number of registered voters at the time of the last regular municipal election, the Council ~afl must call a special election upon the measure. Such special election s#atl must be held not less than t#~) fift 50 nor more than ~.f~-CT~7 sixtYfive (65) days. from. date. of .final .action on the ordinance by the Council or if there has been no final action, from a#~ the expiration of sixty-five (65) days from the date of submission to the Council ,e,h°n +h°r° h~+c h°°n nn f.n.,~ -,,.+,^n~ but if a regular election is to occur within three months, the Council must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee 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 voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance s#atl must state the substance of the ordinance and slit must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it "~" +"°r°..n„n "°cc:~:~.. becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter e#al•I must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question rep vails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to tee fifteen percent (~ 15%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any such ordinance be~~ epealed or submitted to a vote of the registered voters, the ordinance is prevented from going into operation_ All the signature gages must be filed as one _ _i'_._ ll__ _..Il. ~.~... .... .at the petition within ten (10) working days and must certify the results of that .examination to the Council at its next regular meetmq. The Council eh~afl must thereupon reconsider the ordinance ~T~~.-r-r~~T~ti"~, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council salt must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance vn"'~'--Tre„T°~ remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it s#atl does not become effective; but if a majority of the voters favor the ordinance, it takes effect immediately or on the date therein specified. 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance)-~. A certified copy of w#is#~ the ordinance is berets attached. C. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: 1. 2. 3. Name jlisting all members of the committee) Address D. Instructions to Petition Signers You are being asked to sign a petition. You must be a resident of, and a registered voter in, the City of Richfield. Every person. signing. this petition must do so in the presence of the person circulating the petition. It is a criminal offense. to sign a name other than your own to the petition or to accent compensation for sianina your name to the petition. The undersigned qualified 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 a vote of the voters for their approval or disapproval. Date Legal Signature Name (print legibly) Address (print legibly) 1. 2. 3. (o+ +~~d-s€-tf}e-I+s+~~e~es~#atl-be-a~ea~ed t"~ ° The _ affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee s#afl must be from the Council Member's district. The committee s#al•I must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and the committee's intention to bring about his or her recall. A copy of this certificate s~afl must be attached to each signature paper and no signature paper s~i4 may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member shaft must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on .one signature paper, but the circulator of every si. nq ature paper must make an affidavit that each signature appended to the paper. is the genuine signature of the person whose name it purports to be. Every, circulator of a signature paper must be a resident of the state of Minnesota. Each signature paper s#atl must be in substantially the following form: RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in the attached certificate. E. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. [listing all members of the committeel F. Instructions to Petition Signers You are being asked to sign a petition You must be a resident of, and reaistered voter in, the Citv of Richfield. Every person signing this petite nce e accent compensation for signinq Vour n The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. 2.13 2.14. Date Legal Signature 1. 2. 3. Name (print legibly) Address jprint legibly) At~~~;~-ef t#e-I+s~-a#-s+gfla#~es~#~N--b~a~er~~r-t"~° °~-,-~~ The affidavit of the circulator m°^+~^^°~' ~"^~~° must be attached at the end of the list of signatures. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee s#a#4 must file the completed petition in the office of the City Clerk. The City Clerk s#afl must examine the petition within the next f'~; ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number. of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk s#afl must so notify one or more members of the committee. 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 #-bey the committee 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, the. clerk must notify all the members of the committee to that effect and ~t file the petition m the City Clerk's office. No further action shall be taken thereon. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk sbe~ must transmit it to the Council without delay, and s#a#I must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt. by the Council of the recall petition, by resolution., provide for the holding of a special recall election not less than 39 50 nor more than 4~ 75 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. If the special recall election involves a district Council Member, the recall election s#atl must be conducted only within. the district of such Council Member. If it involves several district Council Members, the election smolt must be conducted only within the districts of such Council Members. If it involves a Council Member who is elected at large, the election ebatl must be a City-wide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: Section 5.18. Procedure at Recall Election. The City Clerk s#a-#I must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors- shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy s#a#I must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy sit must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shafl must call a special election to fill the vacancy for the balance of the Council Member's term. Such election s#atl must be called within ten (10) days after such recall or resignation, and the special election slaat4 must be held not less than tk~+83 fifty (50) nor more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term ~afl must be nominated in the usual way and the election s#atl must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and-the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5 22 Offenses• Penalty. It is unlawful for a person to: or or recall petition when unqualified rendum or reca~~ petition o so: in connection with an initiative, referendu or petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution a-~ or an emergency ordinance sn^" +^'~° °ff°c+. is effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day followingpublication or such later date as is fixed in it. Every other ordinance sn„"tee °ff°ct is effective a#ter on the thirtieth (30) day, °~^'~ ~c~~~° ^f after the day of publication; or at such. later date as is fixed therein. Every ordinance adopted by the voters of the City h~" +..U° off°cf is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a .petition requesting a referendum on this ordinance, signed by the number of registered voters of the. City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.21. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk DISCUSSION DRAFT CHAPTER 5 INITIATIVE REFERENDUM AND RECALL Section 5.01. Powers FZeserve themselves the powers of initiative, rE with the provisions of this Charter~e-i le. The people of Richfield reserve to recall. to be exercised, in accordance to foe emovinaoaneelecteddpubl ceofficeal from officed~ Init ative~andareferendum may notybe ~ an or z NOTE: The only substantiive change is to add "land use or zoning" ordinances to the list of ordinances for which initiative and referendum is not available. That is a codification of the Court of Appeals decision in Nordmarken v. City of Richfield. I reworded the section to make it more concise and reader-friendly. Section 5.02. f ~ __ ~~ ~ __ - __ ___._~.. -.. .ll. ............ -~vu ~ .. ........ ...~.. _.._ _-______._ ' > o ~n coon+inn iv ~+ micrdcmconnr NOTE: The U. S. Supreme Court ruled in :Buckley v American Constitutional Law Foundation, Inc. (1999) than a prohibition on the use of paid circulators is unconst~tut-onal. The prohibition on paying for signatures has been moved to section 5.22. Section 5.03. Further Regulations. The Council may provide by ordinance such further regulations for the initiative, referendum or recall, not consistent with this Charter, as it deems necessary. (Amended Bill 1982-20) Section 5.04. Initiation of Measures. Any five residents of the City who are registered voters may form themselves into a sponsoring committee for the initiation of ate} ~t .....J:.......,.... .. r.r~rnr~ri~+in'v rv~nno~i nr ~ ~+hnri-~~r}n +h~~o~n~-~~a~itc°v° an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition the committee must file an affidavit and its proposed petition with the City Clerk;. The affidavit must state. that a committee has been formed, must contain,-~g~tl~cr ~.,i+" +hcir the names and addresses as of the committee members ^f i ~nh nnmmi++~ and must be signed by each member of the committee whose signatures must be verified by a notary public. ~y s~ The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described,. together with the committee members' names and addresses. as sponsors +h~. The ordinance must relate to only one subject which is r.~early expressed in the aetition. Every circulator of a signature paper must be a resident of NOTE: This section has been modified to: (1) clarify that the sponsoring committee must be composed of residents of the City; (2) refer to section 5.01 rather than re-list the types of ordinances for which initiative is not available; (3) require the sponsoring committee to submit an affidavit with their signatures (You may want to consider adding the form of that affidavit in the charter); (4) add an express requirement that the ordinance must relate to only one subject (which court decisions already require); (5) add a requirement that circulators must be residents of the state of Minnesota. The Eighth Circuit Court has upheld a similar residency requirement in Initiative & Referendum Institute v. Jaeger (2001). ADDED NOTE: At least two cities add a requirement that the proposed ordinance be reviewed by the city attorney before the committee may circulate the petition. ,Another requires the city clerk to approve the petition before it can be circulated. 1 have some concerns about that type of provision and would prefer to discuss the concept with and receive direction from the commission. Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance s#afl must consist of the ordinance, together with all the signature papers and affidavits }hrrr°c~cv attached. ~16k} A petition s#afl is not ~2 complete unless signed by a number of registered voters equal to at least five percent of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every snob signature paper e~tl must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper s~tl must be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (Stating the Purpose of the Ordinance). A certified a copy of ~+sf~ the proposed ordinance is e attached. G. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. H. Instructions to Petition Signers The undersigned registered voters, understanding the terms and nature of -the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature 1. 2. 3. Name (print legibly) Address sprint legibly) (nT +h° °,,,~ ^T +ti ~ + ;n., +..r° h.,u h° -,nN°n~°~, +"° The affidavit of the circulator must be attached at the end of each signature paper.) NOTE: Many of the changes are for clarification or simpler.wording. l presumed that by last ""regular election" what was intended was the last regular municipal election. The substantive change was to require a date and the printed name of each signer. The commission may want to consider adding a form for the circulator affidavit. 1 also added the headings in the form and the instructions to signers. Section 5.06. Filing of Petition and Action Thereon. All the signature papers must be filed in the office of the City Clerk as one instrument. Within #ive-{a} ten 10 workin days after the filing of that petition, the City Clerk s~i4 must ascertain by examination, the number of registered voters in the City whose signatures are a~er~ded #~erete attached and whether this number is at least #+ve fifteen percent (5~ 15%) of the total number of registered voters at the time of the last regular municipal election. The validity of the signatures must be~udged as of the day the petition was filed. If the C Clerk finds the petition ~ to be insufficient or irregular, the City Clerk l must at once notify one or more of the sponsoring committee of that fact,' certifying the reasons for the finding. The committee shall.. then be given thirty (30) days in which to file. additional signature papers and to correct the petition in all other particulars. If at the end of that ~+ h II h° f;l°rJ h.~ the City penod the petifion is found to be still insufficient or irregular, ;~ ....-- Clerk shall file the petition in the City Clerk's office and noti each member of the committee sn " h° ^^+'+°~ of that fact The final finding of the insufficiency or irregularity of a petition does not prejudice the filing of a-new .petition for the same purpose, nor s#atl does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. -~. NOTE: This section has been modified to give the clerk 10 working days instead of 5 days to complete review of the petition. Also, the charter specifies the date as of .which the signatures must be determined to be valid. 1. e., every signer must be a registered voter and resident of the city as of the date the petition is submitted. The city council also requested that the 5% requirement be changed to 15%. The other changes are for simpler wording. Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk s#afl must so certify to the Council at its next meeting, stating the number of pe~+eee~s valid s~natures on the petition and the .percentage of the total number of registered voters at the time of the last regular municipal election which they constitute,--~.- ~".~. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public ~ieas hearin upon the ordinanc , After the public hearing, but not later than sixty-five (65) days after the City Clerk submitted the ordinance to the Council the Council must take final action on the ordinance. 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 sponsors, the proposed ordinance sbafl must be submitted by the Council to a vote at the next regular municipal election, but if the „~~~ ~hti ei,.n°r~ ^f number of valid signatures on the petition is equal to at least eeF- twen percent (~ 20%) of the total number of registered voters at the time of the last regular municipal election, the Council must call a special election upon the measure. Such special election shaft must be held not less than tk~+r+~} fi 50 nor more than #e~*,~,~;~e-(45} sixty-five (65) days from date of final action on the ordinance by the Council or if there has been no final action, from a#~ the expiration of sixty-five (65) days from the date of submission to the Council lw,",e^ +he.-o h.,~ hoer ~„ f~n.,~ ...~+,,,n; but if a regular election is to occur within three months, the Council must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee 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 voters. NOTE: Most of the changes are to simplify the wording. The deadlines for holding the election have been modified to avoid conflict with state law, .which requires that notice of a special municipal election be given to the county auditor at least 49 days before the election. The city council requested that the 15% requirement be changed to 20%. Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance st+al•I must state the substance of the ordinance and ~hatl must give the voters the opportunity to vote either "yes" or "no" on the question of adoption~^ If a majority of the votes on any such ordinance are in favor of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shaft must be allowed to vote for or against each separately. In case of inconsistency> between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question st}aat rep vails to the extent of the inconsistency. NOTE: The changes are for simplification of wording. Section 5.09.. Amendment or Repeal. Any ordinance adopted by the vote of the people cannot be repealed or amended except. by the. vote of the people or by the unanimous vote of all members of the Council Section 5.10. Initiation of Charter Amendments. Nothing in this Charter shall be construed as in any way affecting the right of the registered voters under-the constitution and statutes of Minnesota to propose amendments to this Charter. Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qualified registered voters of the City equal in number to #~ fifteen percent (a-8°~a 15%) of the total number of registered voters at the time of the last regular municipal election is filed with the City Clerk requesting that any suhh~~ohdinance be repealed or submitted to a vote of the registered voters, the ordinance is prevented from going into operation. All the signature pages must be filed as one instrument The City Clerk must ascertain ~ examination the sufficiency of the petition within ten (10) working des and must certify the results of that examination to the Council at its next regular meeting. The Council s#~al•I must thereupon reconsider the ordinance at ,~-r ~~~~,~„~~~!~, and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council s#a~N must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance s"~'~.;-reTnan; remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance, it takes effect immediately or on the date therein specified. NOTE: This section has been changed to simplify wording. Relevant requirements from 5.06 -- have been incorporated. The city council requested that the 10% requirement be changed to 15%. Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residenc re uirements for committee members and circulators for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance~a. A certified copy of ~+st~ the ordinance is #erete attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered voters: Name Address 1. 2. 3. 4. 5. J. Instructions to Petition Signers Date Le aq I Signature Name sprint legibly) Address (print legibly) 1. 2. 3. of the circulator n,°^*~^^°~' „h^"° must be attached at t e en o e is o sign NOTE: Most of the changes are to simplify wording. One substantive change is to add the date and printed name of each signer to the form of petition. It also incorporates the residency requirements added for committee members and circulators. 1 added the instructions to signers in the petition form. Section 5.13. Referendum Ballots. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. The undersigned qualified 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 a vote of the voters for their approval or disapproval. Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee s~f4 must be from the Council Member's district. The committee eba~l must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and the committee's intention to bring about his or her recall. A copy of this certificate sbafl must be attached to each signature paper and no signature paper s#a~l may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. NOTE: Changes are to simplify wording. Section 5.15. Recall Petitions. The petition for the recall of any Council Member must consist of a certificate identical to that filed with the City Clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper s#alf must make an affidavit that each signature appended to the paper. is the genuine signature of the person whose name it purports to be. Every circulator of a signature paper must be a resident of the state of Minnesota. Each signature paper e~ must be m substantially the following form. RECALL PETITION Proposing the recall of from the office as which recall is sought for the reasons set forth in he attached certificate. K. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 1. 2. 3. jlisting all members of the committee) L. Instructions to Petition Signers Date Legal Signature Name sprint legibly) Address (print legibly) 1. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. 2. 3. The affidavit of the circulator must be attached at the end of NOTE: Many changes are to simplify wording. The changes to the form of petition (adding a date and printed name of each signer and instructions to signers) are also added here. It also adds a requirement that circulators be residents of the state. Section 5.16. Filing of Petition. Within thirty (30) .days after the filing of the original certificate, the committee ehafl must file the completed petition in the office of the City Clerk. The City Clerk s#afl must examine the petition within the next f;~a} ten 10 workin days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk s#~al•I must so notify one or more members of the committee. 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 the committee 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, the clerk sla~al} must notify all the members of the committee to that effect and s#atl file the petition in the City Clerk's office. No further action shall be taken thereon. NOTE: This section has been changed to give the clerk 10 working days instead of 5 days to review the petition. The other changes are to simplify wording. Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk s#~afl must transmit it to the Council without delay,, and s~-FI must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council. shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not less than ~9 50 nor more than 45 75 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. If the special recall election involves a district Council Member, the recall election shall must be conducted only within the district of such Council Member. If it involves several district Council Members, the election s#atl must be conducted only within the districts of such Council Members. If it involves a Council Member who is elected at large, the election shaft must be a City-wide election. NOTE: Minor wording changes. Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. The election. shall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. NOTE: Minor wording changes. Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: Shall be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. NOTE: The change inserts omitted words. This change can be made administratively, if review of the original charter or amending ordinance shows that the omission of the words was simply a clerical error. Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his. or her recall, the vacancy a~N must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy s#afl must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council s#a+4 must call a special election to fill the vacancy for the balance of the Council Member's term. Such election ebafl must be called within ten (10) days after such recall or resignation, and the special election ell} must be held not less than fk~+~ {3~} fift 50 nor more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term sit must be nominated in the usual way and the election s#atl must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes. for the office shall be elected to fill the unexpired term. NOTE: Most of the changes .are wording changes.. The 30-day minimum deadline for holding a special election was changed to 50 days m order to conform to state law. Section 5.21. The term of the candidate selected by the voters at the regular or special election to fill the unexpired term shall start as soon as the declaration of the results has been filed with the City Clerk, and the person has qualified for office. Section 5 22 Offenses Penalty It is unlawful for a person to: at person's own name to an initiative, referenaum i circulate an initiative or referendum petition without required attachments; ~ circulate an initiative referendum or recall petition when unqualified to do so; n I. make a false affidavit in connection with an initiative referendum or recall etip tion; rs A violation of this section is a misdemeanorpunishable in accordance with state law. NOTE: This section identifies offenses that are punishable as a misdemeanor offense. It is intended to prevent fraud. Paragraph (f) is taken from the repealed section 5.02. Paragraph (g) is a modified form of the prohibition on paying circulators. The Eighth Circuit Court of Appeals has upheld the constitutionality of a requirement that circulators not be paid on aper-signature basis. Initiative & Referendum Institute v. Jaeger (2001). l e~l~e~ p~,,,~.7~„ i o RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTIONS 3 AND 5 OF THE RICHFIELD CITY CHARTER WHICH PERTAINS TO CITY GOVERNMENT WHEREAS, the City Council of the City of Richfield has adopted the above- referenced Ordinance relating to City Government; modifying and clarifying procedures for initiative, referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19 and 5.20 of the City Charter; adding a new section 5.22, and repealing Section 5.02 of the City Charter; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: *** SUMMARY PUBLICATION AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 3.09, 5..01, 5,02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER The City Council of the City of Richfield has adopted the above-referenced Ordinance. The Ordinance amends Sections 3.09,, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19 and 5.20 of the City Charter and adds a new section 5.22, and repeals Section 5.02 to the City Charter. The Ordinance conforms the City Charter to applicable law by excluding land use and zoning ordinances as subjects of initiative and referendum, repealing limitations on petition committee expenditures, and revising deadlines within which to hold elections. The Ordinance increases the number of residents required to form a petition committee from 5 to 25. It increases the percentages used to determine the number of signatures required on an initiative petition in order. to require submission to the voters at the next regular election (increases from. 5% to 15%) or at a special election (increases from 15% to 20%). It increases, from 10% to 15%, the percentage used to determine the number of signatures required on a referendum petition in order to require submission to the voters. The ordinance makes certain changes intended to improve the administration of the initiative, referendum and recall process, by increasing to 10 business days the number of days for the city clerk to verify signatures and by requiring printed and signed names on petitions. The ordinance makes changes intended to prevent fraud, including requiring that all petition circulators be residents of the state, requiring petition forms to advise signers of penalties for fraudulent acts, and imposing penalties for certain acts, including signing another's name to a petition, circulating a petition when not qualified to do so or without required attachments, signing a petition if the person is not authorized to sign, making a false affidavit, paying someone to sign a petition or accepting payment for one's signature, or paying a circulator on aper-signature basis. The Ordinance also amends Section 3.09 of the Charter to provide that ordinances not subject to referendum may become effective on the day following publication of the ordinance. The full text of the above-referenced Ordinance is available for inspection at Richfield City Hall during regular business hours. Dated: November , 2003 BY ORDER OF THE CITY COUNCIL Nancy Gibbs, City Clerk *** BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Passed by the City Council of the City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk BDS-240004v2 2 RC145-17 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTIONS 3 AND 5 OF THE RICHFIELD CITY CHARTER WHICH PERTAINS TO CITY GOVERNMENT WHEREAS, the City Council of the City of Richfield has adopted the above- referenced Ordinance relating to City Government; modifying and clarifying procedures for initiative, referendum and recall; establishing penalties for specified election misconduct; amending Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19 and 5.20 of the City Charter; adding a new section 5.22, and repealing Section 5.02 of the City Charter; and WHEREAS, Section 3.12 of the Richfield City Charter allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLIGATION The City Council of the City of Richfield has adopted the above-referenced Ordinance. The Ordinance amends Sections 3.09, 5.01, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19 and 5.~0 of the City Charter and adds a new section 5.22, and repeals Section 5.02 to the City Charter. The Ordinance corrects clerical problems that existed. in the initiative and referendum process. The ordinance also enacts changes intended to protect the referendum process from fraud, including requiring that petition forms advise signers of penalties for fraudulent acts, and requiring printed names and signatures be included on a petition, as well as Greeting a residency requirement for circulators. The Ordinance also enacts changes to bring the City Charter provisions on initiative and referendum into line with applicable law by excluding its applicability to land use and zoning, repealing limitations on pefition committee expenditures, adding a requirement that initiative ordinances relate to only one subject, and revising deadlines within which to hold elections. The full text of the above-referenced Ordinance is available for inspection at Richfield City Haii during regular business hours. Dated: November 12, 2003 BY ORDER OF THE CITY COUNCIL Nancy Gibbs, City Clerk *~ Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk BDS-240004v1 RC 145-17 AGENDA SECTION AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 PUBLIC HEARING REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Sections 3.05, 4.07 and 6.02 of the Richfield City Charter. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending Sections 3.05, 4.07 and 6.02 of the Richfield City Charter. II BACKGROUND The Richfield Charter Commission had discussed, reviewed and proposed amendments to several sections of the Richfield City Charter. The attached ordinance amends Sections 3.05, 4.07, and 6.02. The amendments were proposed as non-controversial., "housekeeping" amendments. The amendment to Section 3.05 is intended to clarify the language of that section, particularly with reference to the time that must elapse between first and second reading of an ordinance. The Charter currently allows ordinances to be considered at two consecutive meetings held two weeks apart, and the amendment clarifies that language. The amendment to Section 4.07 is to conform the Charter to State law, with respect to the time in which elections must be canvassed. Under State law, the City has seven days to canvass election results. The current Charter language requires the results to be canvassed by the next Monday following the election, which is typically 1112charter3.05 only six days after the electioe alsotavoids then eedtfor a speciallmeetn g foethee to _ second Tuesdays, the. Chang purpose of canvassing election results. The change to Section 6.02 was made to reflect recent organizational changes in the Department of Public Safety. The Charter Commission approved the attached ordinance and voted 11-0 to submit the attached ordinance to the City Council for approval. First reading of the attached ordinance was held on October 14, 2003 and the public hearing and second reading were scheduled for November 12, 2003. Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. VIII. BASIS OF RECOMMENDATION A. POLICY The proposed change to Section 3.05 is intended to clarify the meaning of the Charter and to permit the City Council to consider proposed ordinances at two consecutive meetings that are two weeks apart. The proposed change to Section 4.07 will avoid the necessity of an additional special meeting for the purpose of canvassing election results. The proposed change to Section 6.02 recognizes organizational changes that make the current language inaccurate. B. CRITICAL ISSUES The proposed amendments improve the City Charter by making its meaning more clear and its language accurate. The proposed amendment to Section 4.07 will reduce the need for special City Council meetings. C. FINANCIAL The proposed change makes it possible for the City to avoid the costs of a special meeting for the purpose of canvassing election results. State law required that the entire text of the ordinance be published in twice in the newspaper in advance of the public hearing. On second reading, the ordinance must have unanimous approval in order to be adopted. D. LEGAL The Council must approve the ordinance unanimously in order for the ordinance to be effective. IV ALTERNATIVE RECOMMENDATION(S~ The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. The Council may reject the proposed amendment. Anything less than unanimous approval of the proposed amendment effectively operates as a rejection of the amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V. ATTACHMENTS Ordinance. VI PRINCIPAL PARTIES EXPECTED AT MEETING John Easterwood, Charter Commission President BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background findings authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of Amendments to certain sections of the charter and recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendments is set out in Sections 2.02, 2.03 and 2.04 of this ordinance. 1.03. A public hearing on the Amendments was held on by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption effective date filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 3.05 of the Richfield City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances must be in the words "City of Richfield does ordain." Every ordinance s~ must be presented in writing. 2.03 Section 4.07. Canvass of Elections. The Council s#afl must meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary or special election but in no event later than the time prescribed by state law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement s1~ must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk s#atl must forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Section 4.07 of the Richfield City Charter is amended to read as follows: Council s must determine the result by lot. The City Clerk e• is the final custodian of the ballots. 2.04. Section 6.02, subdivision 3 of the Richfield City Charter is amended to read as follows: Subd. 3. The City Manager shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of departments and all subordinate officers and employees in the departments. The Director of Public Safety, having administrative and supervisory control over the police and #+re other non-civil- service divisions of the Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the City. Appointment or removal of department heads shall be made final only upon a majority vote of the Council. 2.05. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.06. On the effective date of the Amendment,. the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 PUBLIC HEARING 253 REPORT PREPARED BY: CORRINE H. THOMSON, CITY ATTORNEY NaME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached ordinance amending Sections 2.03 and 3.01 of the Richfield City Charter. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the attached ordinance amending Sections 2.03 and 3.01 of the Richfield Gity Charter. ~ II. BACKGROUND ~ The Richfield Charter Commission had discussed, reviewed and proposed amendments to several sections of the Richfield City Charter. The attached ordinance amends Sections 2.03 and 3.01. City staff first proposed amending Section 3.01 to eliminate the requirement that the City Council meet on the first business day in January following each municipal election, in order to avoid calling a special meeting solely for the purpose of swearing in new Council Members. That change prompted a revision of Section 2.03, to ensure that there was no lapse in any office following an election. The City Attorney also recommended a change to Section 3.01 to conform the City Charter to the Minnesota Open Meeting Law. Other grammatical changes are also recommended. Under the proposed amendment, new Council Members would take office at the first regular or special meeting of the City Council in January following the election, 1112charter2.03 and departing Council Members serve until their successors are elected and qualified. The Charter Commission approved the attached ordinance and voted 11-0 to submit the attached ordinance to the City Council for approval. A letter to the City Council from Charter Commission President John Easterwood, a revised table of the proposed Charter amendments and votes, and the draft August 13, 2003 Charter Commission minutes are attached to this Staff Report. Please refer to these attachments for the other proposed Charter amendments. First reading of the attached ordinance was held on October 14, 2003 and the public hearing and second reading were scheduled for November 12, 2003. Notice of the public hearing, including the entire text of the ordinance, was published twice in the Richfield Sun Current on October 30, 2003 and November 6, 2003, as required by State law. III. BASIS OF RECOMMENDATION A. POLICY The current Charter language effectively requires the City Council to hold a special meeting on the first business day in January following every regular election, solely for the purpose of swearing in Council Members. Special meetings involve additional costs to the City, in terms of staff time, utility costs and cost of notices. The City staff has been seeking ways to avoid unnecessary costs. The change in the Charter language does not prevent the City Council from calling a special meeting to swear in new Council Members, if the City Council wishes to do so. The proposed amendment includes grammatical changes intended to make the Charter more clear and easier to understand. B. CRITICAL ISSUES The current Charter language requires a mandatory special meeting in January after an election so that new Council Members can be sworn, while the proposed language would allow the City Council to call a special meeting or to wait until the next regular meeting of the City Council. The amendment to Section 3.01 regarding. public meetings conforms the Charter to the Minnesota Open Meeting Law, which requires certain meetings to be closed to the public. C. FINANCIAL _ The proposed change makes it possible for the City to avoid the costs of a special meeting, if a special meeting is not deemed necessary by the City Council. State law required that the entire text of the ordinance be published twice in the newspaper in advance of the public hearing. On second reading, the ordinance must have unanimous approval in order to be adopted. IV. D. LEGAL The amendment would conform the City Charter to the Minnesota Open Meeting Law. The Council must approve the ordinance unanimously in order for the ordinance to be effective. ALTERNATIVE RECOMMENDATION(S~ The Council may modify the amendment as proposed. The Charter Commission must approve any modification to the ordinance, and the Council must approve the modified ordinance unanimously in order for the Charter amendment to be effective. The Council may reject the proposed amendment. Anything less than unanimous approval of the proposed amendment effectively operates as a rejection of the amendment. The Charter Commission would have the option, but not the obligation, to require that the proposed amendment be submitted to the voters at the next election. V. ATTACHMENTS _~ Ordinance Letter from Charter Commission President Easterwood and table of proposed Charter amendments and votes August 13, 2003 draft Charter Commission minutes VI. PRINCIPAL PARTIES EXPECTED AT MEETING John Easterwood, Charter Commission President BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 2.03 AND 3.01 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background findings authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to change council meeting requirements and clarify provisions regarding council member terms of office and has recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on by the City Council after two weeks` published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption effective date; filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 2.03 of the Richfield City Charter is amended to read as follows: Section 2.03. Elective Officers. The Council a is composed of a Mayor and four Council Members, all of whom ebafl must be registered voters. The offices of Mayor and at-large Council Member s#afl must be filled by election at large. The offices of the three district Council Members s#atl must be elected from apportioned Council districts in which they reside. The Mayor and the Council Members shall each be elected to a four-year term with .Mayor and the Council Member at-large in 1994 -and each succeeding four years and the district Council Members elected in 1992 and each succeeding four years. The regular term of an office commences e-~ at the first regular or special council meeting in January 4 next following the general election at which balloting for the full term of office occurs and office holders must serve until their successors are elected and qualified. A candidate for the office of district Council Member must reside while seeking election and while serving in office within the district from which he or she is elected. Within two years after each United States Census the City Council shall by ordinance establish compact and contiguous districts to be apportioned by population as nearly equal as practicable. The three Districts shall be Eastern, Central and Western Richfield with dividing lines generally north and south.. 2.03 Section 3.01 of the Richfield City Charter is amended to read as follows: Section 3.01. Council Meetings. ^ - +ho fir + h.. ;.,o .~~" ~f ~~nLL~ . ~_ _ u ___ _ _i _s al..,. ........1 Newly elected members of the Council sit will assume their duties at the first regular or special meeting of the Council in January following a re ular municipal election. Thereafter, the Council ehal•I will meet at the times „ ho nro^^r;~ established by ordinance or resolution. each month as ~~--m, The Mayor or any two members of the Council may call special meetings of the Council upon at least twelve hours notice to each member of the Council. S~sf~ The notice s#atl must be delivered personally to each member or be I~e~ftrat the Member's usual place of residence with some responsible person. .. Meetings of the Council a are public, except as otherw permitted or required by law. person may inspect the minutes and records +h~ of the meetings at ail reasonable times. 2.04. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.05. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Charter Commission City of Rich, field; Minnesota 6700 Portland Avenue South Richfiteld,lYlinnesota 55423 October 26, 2003 The Honorable Martin J. Kirsch Members of the City Council City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mayor Kirsch and Members of the City Council: Attached to this letter please find a draft of the minutes of the Charter Commission meeting of August 13, the Commission 2003 and a revised Table of Amendments and Votes. At its August 13, 2003 meeting, discussed and voted on various proposed changes to the Richfield City Charter. The accompanying minutes are provided to you as a summary record of the discussions and votes of the Commission with respect to the proposed Charter amendments. The accompanying Table of Amendments and Votes has been revised to accurately reflect the votes as they are recorded in the minutes. A previous version of this table was supplied to you with my earlier letter of September 21, 2003. One of the votes reported on that earlier version of this table was incorrect as a result of an oversight on my part in proofreading. 1 have corrected the table. I regret the previous error and apologize for any confusion that it caused. I would note for your information that the Charter Commission By Laws require that any vote of the Charter Commission that concerns proposed amendments to the Charter must be taken as a roll-call vote. This procedure was followed at the August 13, 2003 meeting. As of the date of this letter; the relevant minutes of the Commission must be regarded as "draft," because the Commission has not met and formally acted to approve the minutes. The Charter Commission is scheduled to meet on November 12, 2003. Among other items of business, we will approve, with emendations as needed, the August 13, 2003 minutes. I will be present at the Council meeting on November 12 as a resource to be used in whatever way you deem proper. 1 will also encourage the members of the Commission to attend that Council meeting as well. As always, I am happy to assist you in any way and to respond to questions you might have. Cordially, ohn L. asterwood President Charter Commission City of Richfield 612-869-0509(H) 952-820-2671(UV) captin anatt.net Table of Proposed Charter Amendments and Votes (Revised) ORDINANCE RECOMMENDED AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 2.03 AND 3.01 OF THE RICHFIELD CITY CHARTER AN ORDINANCE RELATING TO CITY GOVERNMENT; REPEALING SECTIONS 8.04 AND 8.05 OF THE RICHFIELD - CITY CHARTER; RELATING TO REQUIREMENTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 6.01 OF THE RICHFIELD CITY CHARTER; REMOVING RESIDENCY REQUIREMENT FOR CITY MANAGER AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECTIONS 7.01, 7.02, 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AN D 7.16 OF THE RICHFIELD CITY CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 CHARACTER`OF THE VOTE Approved Unanimously 11-Yes fl- No Approved 10-Yes 1- No Approved Unanimously 11-Yes 0-No Approved 10- Yes 1-Abstain Approved Unanimously 11-Yes 0- No Approved Unanimously 11-Yes 0- No Preparted by John L. Easterwood President, Richfield Charter Comission Revised: 26 October 2003 DRAFY RICHFIELD CHARTER COMMISSION Meeting Minutes for Wednesday August 13, 2003 Call to Order: President John Eastervvood called the commission to order at 6:30pm in the Executive Conference Room of the Richfield City Hall. Prey sent: Richard Morey, Amy Zabransky, Mike Sandahl, Kristal Stokes, Gordon Herboldt, Bill Bullock, John Easterwood, Amie Auchstetter, Tom Ulmer, Ruth Jensen, Sidney Rehwaldt Absent: Joe Novak Jan Anderson and Edwina Garcia Excused: Edward Thom GUESTS: Woody Duvlea and City of Richfield Attorney Corrine Thomson Approval of meeting minutes: Mike Sandahl made a motion to approve the meeting minutes from Thursday January 14, 2003. Tom Ulmer seconded the motion and all voted in favor. Review of work on Proposed changp~ +o~th~ Citv Charter: President John Easterwood reviewed the history of why we are reviewing the by law revisions. The proposed changes will need approval by the city council. It was suggested that the changes would be proposed to the City Council in November. Report on Committees -NO reports were available at this meeting. New Business- Discussion of and voting on proposed ordinance changes of the Richfield City Charter. Ms. Corrine Thomson, Richfield City Attorney, was present to assist with the discussion. President Easterwood proposed that.the committee review the amendments in the order in which the packet was put together. A. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 6.01 OF THE RICHFIELD CITY CHARTER; REMOVING RESIDENCY REQUIREMENT FOR CITY MANAGER. Amending section 6.01 of the Richfield city charter: Removing residency requirement for City Manager. 2.02 Section 6.01 The City Manager. The City Manger shall be the chief executive and head of the administrative branch of the city government and shall be chosen by the Council solely on the basis of training, experience, and administrative qualifications. ~k-e-Eity Discussion by Charter Commission: Tom Ulmer made the motion to make the above changes so that the Richfie/d Charter is in comp/lance with state /aw. Bi// Bu//ock seconded the motion. A ro// ca// vote was taken. A// e/even members who were present voted to accept the changes. Motion was passed B. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 2.03 AND 3.01 OF THE RICHFIELD CITY CHARTER Recommendation that sections 2.03 & 3.01 of the Richfield city Charter are amended to read as follows: Section 2.03. Elective Officers. The Council s#af4-be is composed of a Mayor and four Richfield Charter Commission Minutes of Meeting for August 13, 2003 2 Dt2AFY Council Members, all of whom sba~4 must be registered voters. The offices of Mayor and at- large Council Member l• must be filled by election at large. The offices of the three district Council Members s#ai-I must be elected from apportioned Council districts in which they reside. The Mayor and the Council Members shall each be elected to a four-year term with Mayor and the Council Member at-large in 1994 and each succeeding four years and the district Council Members elected in 1992 and succeeding four years. The regular term of an office commences eta at the first regular or special council meeting in January ~ next following the general election at which balloting for the full term of office occurs, and office holders must serve until their successors are elected and aualified. A candidate for the office of district Council Member must reside while seeking election and while serving in office within the district from which he or she is elected.... 2.03 Section 3.01 of the Richfield City Charter is amend to read as follows: Section 3.01 Council Meetings. Newly elected members of the Council sly will assume their duties at the first regular or special meeting of the Council in lanuarv following a regular municipal election. Thereafter, the Council sfial-I will meet at ~# the times each month as ~ '^° ^'°"""^°d established by ordinance or resolution. The Mayor or any two members of the Council may call special meetings of the Council upon at least twelve hours notice to each member of the Council. ~# The notice shad must be delivered personally to each member or be left at the Member's usual place of residence with some responsible person. "'mil-m°~~ Meetings of the Council s#ag-be are public, except as otherwise permitted or required by law. Anv person may inspect the minutes and records t~tefeef of the meetings at aF4 reasonable times. Discussion by Charter Commission: Gordon Herbo/dt made the motion to make the above changes upon recommendation from the city staff. Previous/y the /anguage under 3.01 requires that the counci/ have aspecia/meeting as the term ofoffces commence on the 1St of,January. The changes avoid the need to have a °specia/"meeting. John Easterwood introduced an issue raised by Russ Susag who was not able to attend this portion of the meeting. There is no /anguage in this part of the City Charter requiring the mayor and at-large counci/member to be residents of the City at during their campaign for e/edion. This issue wi// be brought up at a meeting in November. Krista/Stokes seconded the motion and a ro// ca// vote was taken. A// a/even members who were present voted to accept the changes. Motion was passed B. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER Section. 2 Adoption effective date: filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 3.05 of the Richfield City Charter is amended to read as follows: Richfield Charter Commission Minutes of Meeting for August 13, 2003 3 2.03. Procedure on Ordinances. The enactin ~RaFr g clause of all ordinances s must be in the words "City of Richfield does ordain." Every ordinance ~ai# must be presented in writing. . Exce t for an emeraencv ordinance every ordinance must be introduced at a meetina that occurs no less than fourteen (14) days before the meetina at which the ordinance is finally passed." Section 4.07 of the Richfield City Charter is amended to read as follows: Section 4.07. Canvass of Elections. The Council l• must meet and canvass the election returns at the next regular or special Council meeting immediately following any regular, primary or special election but in no event later than the time prescribed by state law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement ( must include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the true vote for each candidate, with an indication of those who were elected or nominated; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Clerk ~ll• must forthwith notify all persons elected or nominated of their election or nomination. In case of a tie vote, the Council ~#afl must determine the result by lot. The City Clerk eh is the final custodian of the ballots. 2.04. Section 6.02, subdivision 3 of the Richfield City Charter is amended to read as follows: Subd. 3. The City Manager shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of departments and all subordinate officers and employees in the departments. The Director of Public Safety, having administrative and supervisory control over the police and €ife other non- civil-service divisions of the Department of Public Safety, is not under the jurisdiction of the police and fire civil service commission of the City. Appointment or removal of department heads shall be made final only upon a majority vote of the Council. 2.05. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. Section 3.05 2.06. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin Richfield Charter Commission Minutes of Meeting for August 13, 2003 4 D~'AFi County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Discussion by Charter Commission: Mike Sandah/ made a motion to make the above changes. Arnie Auchstetter seconded the motion and a ro// ca// vote was taken. A// a/even members who were present voted to accept the changes. Motion ap ssed D. AN ORDINANCE RELATING TO CITY GOVERNMENT; REPEALING SECTIONS 8.04 AND 8.05 OF THE RICHFIELD CITY CHARTER; RELATING TO REQUIREMENTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background• findings: authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment to repeal Sections 8.04 and 8.05 of the charter and has recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendment was held on __________________ by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adootion• effective date: filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02 Chapter 8 of the Richfield City Charter is amended by repealing Sections 8.04 and 8.05 of that chapter. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its 'I f h _ -~~ ~l~~r.n- w,n~lad !~-icth_n1'n~~nr~ nr r 1t n~~rnnCP e~ __' -ter I ~ ' ~~ ~ 4~-~ - - Richfield Charter Commission Minutes of Meeting for August 13, 2003 5 ~~~~~ 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this ____ day of ____. 2003. Discussion by Charter Commission: Mike Sandah/ made a motion for the above changes to be made to the Richfield Charter Kristal Stokes seconded the motion. PresidentJohn Easterwood summarized the changes. Richard Morey, who was part of the sub-committee that formu/ated this part of the charter when it was added a few years ago, offered perspective on the ear/ier discussions. The commission discussed several aspects of these two antic%s of the Charter As these artic%s of the charter now stand, they present some problems with timelines with respect to funding and gaining the maximum advantage in the bidding process. At times, de/ay is not cost effective. The do//ar amounts in these two artic%s are not realistic at present. Pub/ic hearings are held in connection with the annua/budget, in which budget process capita/ projects covered by these two artic%s are inc/uded. There are a number of opportunities for public comment on capita/ projects, to inc/ude regular review of the Capita/ Improvement P/an (C/P) and Capita/ /mprovement Budget(C/B) by both the P/arming Commission and the Community Services Commission. The C/P and C/B are five year p/arming too/s. /n light of these practices, these Charter artic%s appear to be redundant. A ro/I ca// vote was taken. Ten of the a%ven members voted to accept the changes, one member abstained.. Motion was yassed E. AN .ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE, REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 5.22 TO .THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background• findings• authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter 5 of the charter and has recommended to the City Council that the Amendments be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. 1.03. A public hearing on the Amendments was held on __________________ by the City Council after two weeks' published notice containing the text of the Amendments as required by the Act. The notice contained a brief description of the nature and scope of the Amendments. All persons desiring to be heard with reference to the Amendments were heard at the public hearing. `'~ 1~~~ ~~ Richfield Charter Commission Minutes of Meeting for August 13, 2003 6 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendments be adopted. Section. 2 Adoption effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. Section 5.01 of the Richfield City Charter is amended to read as follows: Section 5.01. Powers Reserved by the People. The people of Richfield reserve to themselves the powers of initiative referendum and recall to be exercised, in accordance with the provisions of this Charter, the Initiative is the process for voters to gropose ,and adopt an ordinance Referendum is the process to require an ordinance assed by the council to be referred to the voters for approval or disapproval. Recall is the rocess for removin an elected ublic official from office. Initiative and referendum may not be used with an ordinance that appropriates money authorizes the lew of taxes or involves land use or zoning. 2.03. Section 5.02 of the Richfield City Charter is repealed. 2.04. Section 5.04 of the Richfield City Charter is amended to read as follows: Section 5.04. Initiation of Measures. Any #+ve 25 residents of the Citv who are registered voters may form themselves into a sponsoring committee for the initiation of any an ordinance as permitted by section 5.01 of this Charter. Before circulating any petition t#e~-sf+a}E the committee must file an affidavit and its proposed petition with the City Clerk;. The affidavit must state that a committee has been formed must contain,--tegetq~er-w+t~h-t#~ei-r the names and addresses a~s of the committee members and must be signed by each member of the committee whose signatures must be verified by a notary public. T#ey l• The committee must also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with ~hei-~ the committee members' names and addresses as sponsors rrkieree€. The ordinance must relate to only one subject which is clearly expressed in the petition. Every circulator of a si nature a er must be a resident of the state of Minnesota. 2.05. Section 5.05 of the Richfield City Charter is amended to read as follows: Section 5.05. Form of Petition and of Signature Papers. The petition for the adoption of any ordinance ~f4 must consist of the ordinance, together with all the signature papers and affidavits «"~ attached. SuE# A petition is not be complete Richfield Charter Commission Minutes of Meeting for August 13, 2003 7 "Y a ~ (~ unless signed by a number of registered voters equal to at least f+ve fifteen percent 1 S% of the total number of registered voters at the time of the last regular municipal election. All the signatures need not be on one signature paper, but the circulator of every ~b signature paper l must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper I• must be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to --------_---- (Stating the Purpose of the Ordinance). A certified a copy of wf-iE# the proposed ordinance is lierete attached. Sponsoring Committee This ordinance is sponsored by the following committee of City of Richfield residents who are registered voters: Name 1. ----- 2. ------ 3. ----- Address Misting all members of the committeel Instructions to Petition Signers You are being asked to sign a petition You must be a resident of and a reaistere_d voter in the City of Richfield Everv person signing this petition must do so in the presence of the person circulating the petition It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned registered voters, understanding the terms and nature of the ordinance attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for their approval. Date Legal Signature Name sprint legibly) Address jprint legibly) 2. 3. ( The affidavit of the circulator wed abeve must be attached at the end of each signature paper.) 2.06. Section 5.06 of the Richfield City Charter is amended to read as follows: Section 5.06. Filing of Petition and Action Thereon. All the signature papers must be filed in the office of the City Clerk as one instrument. Within f+ve~-53 ten (10) working days after the filing of that Richfield Charter Commission Minutes of Meeting for August 13, 2003 8 rv ~~ :~ ~ ~ ~ petition, the City Clerk shall must ascertain by examination, the number of registered voters in the Citv whose signatures are a~er}ded~#er-ete attached and whether this number is at least €"we fifteen percent (3-15 of the total number of registered voters at the time of the last regular municipal election. The validity of the sionatures must be judged as of the day the petition was filed. If the City Clerk finds the petition +s-fst-r+d to be insufficient or irregular, the City Clerk shah must at once notify one or more of the sponsoring committee of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, ' the City Clerk shall file the etition in the City Clerk's office and noti each member of the committee slaali-fae~-ei+€ied of that fact 1~#e r The final finding of the insufficiency or irregularity of a petition skull does not prejudice the filing of a new petition for the same purpose, nor sktall does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. 2.07. Section 5.07 of the Richfield City Charter is amended to read as follows: Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City Clerk skfaN must so certify to the Council at its next meeting, stating the number of peti~tier+ers valid sionatures on the petition and the percentage of the total number of registered voters at the time of the last recaular municipal election which they constitute, °~e. The Council shall at once read the ordinance and may refer it to an appropriate committee. The committee or Council must hold a public #~ear+F-gs hearin upon the ordinanc , After the public hearing, but not later than sixty-five (65) days after the Citv Clerk submitted the ordinance to the Council ~•• «~^ ~~^• `"'°~~ the Council must take final action on the ordinance. 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 sponsors, the proposed ordinance sl-all must be submitted by the Council to a vote at the next regular municipal election, but if the e€ number of valid signatures on the petition is equal to at least #ifteer~ twen percent (a-~r96 20% of the total number of registered voters at the time of the last regular municipal election, the Council sk-all must call a special election upon the measure. Such special election sgal} must be held nor less than t#i~r-E~8) f~ (50) nor more than #9'••.-c~(T`.~i sixty-five (65) days from date of final action on the ordinance by the Council or if there has been no final action, from a€ter the expiration of sixty-five (65) days from the date of submission to the Council ;but if a regular election is to occur within three months, the Council mail must submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring. committee 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 voters. 2.08. Section 5.08 of the Richfield City Charter is amended to read as follows: Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed ordinance sktall must state the substance of the ordinance and shall must give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any such ordinance are in favor of it, it becomes an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election, but the voter shall must be allowed to vote for or against each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question s#aal4-prevail red vails to the extent of the inconsistency. 2.09. Section 5.11 of the Richfield City Charter is amended to read as follows: Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a petition signed by qual'fied registered voters of the City equal in number to tert fifteen percent (a8% 15% of the total number of registered voters at the time of the last regular muniaoal election is filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of the registered voters, the ordinance shall-tfaeceby-be is prevented from going into operation. All the Richfield Charter Commission Minutes of Meeting for August 13, 2003 9 ~:~ signature gages must be filed as one instrument The Citv Clerk must ascertain by examination the suffiaencv of the cetrtion within ten (10) working days and must certrfv the results of that examination to the Council at its next regular meeting. The Councl shah must thereupon reconsider the ordinance ,and by majority vote either repeal or affirm the ordinance as passed. If the ordinance is affirmed, the Council shall must immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance slk~-re+~aia remains suspended. If a majority of the voters voting on the ordinance is opposed to the ordinance, it span does not become effective; but if a majority of the voters favor the ordinance, it ate takes effect immediately or on the date therein specified. 2.10. Section 5.12 of the Richfield City Charter is amended to read as follows: Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to the formation of committees, the form of petitions and signature papers, and residency requirements for committee members and circulators, for the initiation of ordinances shall apply to the referendum but with such changes as may be necessary. A referendum petition shall read substantially as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance). A certified copy of whisks the ordinance is hefete attached. Sponsoring Committee The proposed repeal is sponsored by the following committee of Citv of Richfield residents who are registered voters: Name Address 2. 3. [listing_all members of the committee] Instructions to Petition Signers You are being asked to Sian a petition You must be a resident of and a registered voter in the City of Richfield Everv person sianing_this petition must do so in the presence of the person circulating the petition It is a criminal offense to sign a name other than your own to the petition or to accept compensation for signing your name to the petition. The undersigned qualified 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 a vote of the voters for their approval or disapproval. Date Legal Signature 2. Name jprint leaibly) Address jprint leaibly) 3. Richfield Charter Commission Minutes of Meeting for August 13, 2003 10 ~~a~~ ~ The affidavit of the circulator must be attached at the end of the list of signatures.) 2.11. Section 5.14 of the Richfield City Charter is amended to read as follows: Section 5.14. The Recall. No less than 25 registered voters may form themselves in a committee for the purpose of bringing about the recall of any Council Member including the Mayor. If the committee seeks the recall of a district Council Member, the registered voters constituting the committee s#all must be from the Council Member's district. The committee s#~all must certify to the City Clerk the name of the Council Member whose removal is sought, a statement of the grounds for removal in not more than 250 words, and ~heif the committee's intention to bring about his or her recall. A copy of this certificate sl~all• must be attached to each signature paper and no signature paper s1aaN may be put into circulation previous to such certification. The grounds as set forth in the recall petition must be predicated on one or more charges of malfeasance, nonfeasance or both. For this purpose the word "malfeasance" means the performance of an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word "nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council Member's legal duty to do so. 2.12. Section 5.15 of the Richfield City Charter is amended to read as follows: Section 5.15. Recall Petitions. The petition for the recall of any Council Member s#alf must consist of a certificate identical to that filed with the City Clerk together with. all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every signature paper shall must make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Every circulator of a signature nailer must be a resident of the state of Minnesota. Each signature paper s#all must be in substantially the following form: RECALL PETITION Proposing the recall of ____--____~__ from the office as ___-__-____-_____ which recall is sought for the reasons set forth in the attached certificate. Sponsoring Committee This movement is sponsored by the following committee of registered voters eligible to vote on candidates for that office. Name Address 2. -------------~ 3. --------------_~~ [listing all members of the committee) Instructions to Petition Signers You are being asked to sign a aetition You must be a resident of and a registered voter in the City of Richfield Every nerson signing this petition must do so in the presence of the nerson circulating ~~° ~~ _ ` ~. Richfield Charter Commission Minutes of Meeting for August 13, 2003 11 the petition It is a criminal offense to sign a name other than your own to the petition or to accent compensation for signing your name to the petition. The undersigned registered voters, all being eligible to vote on candidates for that office, understanding the nature of the charges against the Council Member herein sought to be recalled, desire the holding of a recall election for that purpose. Date Legal Signature 1. Name (print legibly) Address (print legibly) 2. 3. .,, c .~. ~• . c ti ~~ ~ ~a°a ~~~ wcc.a.,..;• The affidavit of the circulator must be attached at the end of the list of signatures. 2.13. Section 5.16 of the Richfield City Charter is amended to read as follows: Section 5.16. Filing of Petition. Within thirty (30) days after the filing of the original certificate, the committee shall must file the completed petition in the office of the City Clerk. The City Clerk shall must examine the petition within the next #we-(-S1 ten (10) working days and if the clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters eligible to vote on candidates for that office at the last preceding regular municipal election, the City Clerk shall must so notify one or more members of the committee. 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 tk-ey the committee 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, the clerk shall must notify all the members of the committee to that effect and shall file the petition in the City Clerk's office. No further action shall be taken thereon. 2.14. Section 5.17 of the Richfield City Charter is amended to read as follows: Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the Council without delay, and shall must also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. If the Council Member sought to be recalled does not resign within ten (10) days after having been given such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt by the Council of the recall petition, by resolution, provide for the holding of a special recall election not less than ~8 50 nor more than 4§ 75 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. If the special recall election involves a district Council Member, the recall election shall must be conducted only within the district of such Council Member. If it involves several district Council Members, the election shall must be conducted only within the districts of such Council Members. If it involves a Council Member who is elected at large, the election shall must be a Citywide election. 2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows: - Section 5.18. Procedure at Recall Election. The City Clerk shag must include with the published notice of the election the statement of the grounds for recall and also, in not more than 500 words, the answer of the Council Member concerned in justification of his or her course in office. Richfiekl Charter Commission Minutes of Meeting for August 13, 2003 12 l ~ ' The election stall must be conducted as far as possible, in accordance with the usual procedure in municipal elections. 2.16. Section 5.19 of the Richfield City Charter is amended to read as follows: ' Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be: "Shall _ be recalled?" The name of the Council Member whose recall is sought and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. 2.17. Section 5.20 of the Richfield City Charter is amended to read as follows: Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy stall must be filled in the following manner: If less than six months remain in the Council Member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall must be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council Member's term at the time of such recall or resignation, the Council shall must call a special election to fill the vacancy for the balance of the Council Member's term. Such election stall must be called within ten (10) days after such recall or resignation, and the special election shall must be held not less than t~-+~ty-F-3A} fif 50 nor more than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term sfaall must be nominated in the usual way and the election shall must be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. 2.18. Chapter S of the Richfield City Charter is amended by adding a subdivision to read as follows: Section 5 22 Offenses Penalty It is unlawful for a person to: a. Sian a name other than that person's own name to an initiative, referendum or recall petition: b. circulate an initiative or referendum petition without reouired attachments: c. circulate an initiative referendum or recall petition when unqualified to do so: d. Sion an initiative referendum or recall petition when that person knows he or she is not qualified to do so: e. make a false affidavit in connection with an initiative. referendum, or recall petition: f. Qav or offer to pay a person or receive payment or agree to receive payment. for si4ning an initiative referendum or recall petition; g. ~av or offer to pay a person or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating an initiative referendum. or recall petition This subsection does not prohibit the payment of salary and expenses for Richfield Charter Commission Minutes of Meeting for August 13, 2003 13 circulation of the petition on a basis not related to the number of signatures obtained, as long as the circulators fully disclose all contributions received to the city clerk upon submission of the petitions. A violation of this section is a misdemeanor punishable in accordance with state law. 2.19. Section 3.09 of the Richfield City Charter is amended to read as follows: Section 3.09. When Ordinances and Resolutions Take Effect. A resolution and or an emergency ordinance °"~" •~~° ^CF^~' is effective immediately upon its passage or at such later date as is fixed in it. An ordinance that is expressly excepted from referendum under section 5.01 of this Charter is effective on the day following publication or such later date as is fixed in it. Every other ordinance ~"," •°'-° °'F°^• is effective aftt~ on the thirtieth (30) day, ^~~ after the day of publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the City °"," •,'-° ^~°~• is effective immediately upon its adoption, or at such a later time as fixed therein. 2.20. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51% of the voters voting on the question of its adoption at the special election called by the Council for that purpose. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Discussion: Mike Sandah/made the motion to make the above changes to the Richfie/d Charter. Tom U/mer seconded the motion. President Easterwood highlighted changes that were introduced into this proposed amendment as a resu/t of input from a work session with the City Counci/ and a proposa/ brought forward at that work session by the League of Women Voters. The Commission continued discussion focused on the fact that the effect of the changes in this portion of the charter are two fo/d. First, the conditions required for satisfactori/y meeting Charter standards for petition, referendum and reca// are made more definite and the contra/s are more stringent. The process is tightened up (for examp/e: circa/ators of petitions must be residents of the state of Minnesota and circa/ators cannot be paid on a per signature basis). Second, with the introduction of changes arising from the recommendation of the City Counci/ in response to the proposa/ of the League of Women Voters, mounting a successful petition and/or referendum campaign is made somewhat more di~cu/t. The Commission engaged in discussion over the proposed changes. Two major perspectives were represented. On the one hand, some thought that our form ofgovernance is intended to be representative. We e/ed peop/e to represent us and make decisions. We ho/d them accountab/e for those decisions through direct interaction with them and through the e%ctora/ process. /t shoo/d be di~cu/t for citizens to overturn decisions made by the regular legis/alive process. This promotes stability in governance and respells ourgovernmenta/ tradition. Those holding this opinion fe/t that proposed changes to the charter wou/d make citizens accountab/e to the a%dora/ process. On the other hand, some were of the opinion that it shou/d not be more di~cu/t for citizens. to overturn the decisions of a%cted o~cia/s. These peop/e thought that current standards are sufl`icient. Some were of the opinion that former abuses of pro visions in chapter S of the Charter justify both tightening the process and making successfu/petition, referendum and reca//more di~cu/t. Others fe/t Richfield Charter Commission Minutes of Meeting for August 13, 2003 14 i' ~j~~~~~ that since the use of these provisions of the charter are rare, making the process more diffcu/t is not necessary. Those expressing the latter opinion were not opposed to changes that make the contro/s on the process more stringent. A ro// ca// vote was taken. Ten members voted to accept the changes and one member voted to reject the motion. Motion was passed F. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECITONS 7.01, 7.02., 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16 OF THE RICHFIELD CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 2.02 Section 7.01 of the Richfield City Charter is amended to read as follows: Section 7.01. Council to Control Finances. 2.03 F. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECITONS 7.01, 7.02., 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16 OF THE RICHFIELD CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION 7.17 The Council controls the financial affairs of the City, a~ s~~ The Council must provide for ii the rom t collection of a-p revenues, ii the preservation of aid-et#eF assets, iii the auditing ~^a °°**'°r^°^* of City accounts, and iv a~ the safekeeping and ~~°~~~~°°^~°^''° proffer disbursement of public monies. 2.21. Section 7.02 of the Richfield City Charter is amended to read as follows: Section 7.02. Fiscal Year. The ~+ssal year of the City s#~all-be is the calendar year. 2.22. Section 7.03 of the Richfield City Charter is amended to read as follows: Section 7.03. Svstem of Taxation. Subject to the state State constitution, and except as forbidden by it or by state legislatier~ law, the Council may provide by use resolution, preceded by notice and public hearin4 for a system of lesatiee local taxation. In the taxation of real and personal property as-st~slh, +"r,-~,,e-C;+~ sha41 the system of local taxation must conform as fully as possible to ~"~~a: state law as-te in the assessrr-et~ valuation of s~ property and the collection of sask~ the taxes. 2.06. Section 7.05 of the Richfield City Charter is amended to read as follows: Section 7.05. Preparation and Submission of Annual Budget. T"° ~:fi. ""°^°^ . shall; at At a special budget meeting of the Council on or before September 15, the City Manager must submit to the Council a proposed budget and ar- e~laflate~ a budget message in a the form and teF containing the information as pFessfi~l specified in Section 7.06. In preparing the budget and the budget message, the 6+ty Manager skull must obtain from C~ department heads information regarding U, the proposed expenditures for the ensuing fiscal year, and (ii) capital projects eF and capital expenditures proposed to be undertaken in the ensuing budget year and in the new-€~ue following four fiscal year. '^ ^~°^^~~^^ «" `~: Richfield Charter Commission Minutes of Meeting for August 13, 2003 15 "„r7n°+ +t,° I~'ifii 11A~n~n°r The Council s#all must hold one or more informational hearings thereer- on these reports and may thereafter revise estir~ate~ the proposed expenditures and capital projects contained in the reports as-be 2.07. Section 7.06 of the Richfield City Charter is amended to read as follows: Section 7.06. Form of Annual Budget. Subdivision 1. The budget amide must contain a semplete financial plan of aN-#~ds for the ensuing budget fiscal year. w#isb-skull The financial plan must include: (~aj ~ a budget message, (~} ii a general summary of the financial plan, {s} iii detailed estimates of all-aa#+sipated revenues applicable to proposed expenditures, and, {~ iv all proposed expenditures. The ~repesed Proposed expenditures skaall may not exceed -the proposed revenues. ~e Proposed expenditures for the general and special revenue funds skull must ~, be listed by organization1 unit or activityl and ii skull be in parallel columns opposite the sk~aaastef ar~d major ~ and minor object of the expenditure showing the amount of suskt expenditure for the last ssr~leted fiscal year, the amount estimated for the current budget fiscal year and the proposed expenditures for the ensuing budget fiscal year. ~ The revenue attributable to each general and special r°•,c~v°-r,ue; fund t#e must be presented in a similar manner The ' detailed--statement of revenues ' _ a„m,~^.t-es+~,ated f~„e-r~ext~~et .. ar. c~ ~^" ~'°+°~~ ~"°~ must include the source of and amount of miscellaneous revenues, the amount of surplus of prior fiscal year revenuesl and the amount of revenues raised by property taxes in the prior fiscal year and estimated to be raised in the current fiscal vear. ~i11-1.998-~33 Subd. 2. The Budget Message_ :The budget message may be submitted by the G+t~-AAa~ageF manager as a separate 2.07. document but it must assea~par~y the budget. The message sk}all must contain the following elements. Current operations. The _budget message must explain the budget. The message must contain an outline of the proposed financial pelisies osp ition of the City for the ensuin budget fiscal year and the important features of the budget financial plan of the City. The message must give reasons for major changes in expenditures and revenues from the previous prior fiscal year ire--oast and explain aey the rationale for major changes, if any, from previous ir} financial pe#isy policies of the City. ii budget :"essage -Capital Improvements:_ The message must contain a description of pending and proposed capital project , ,+.,r.^^ *"° ",,,+^°+ •,°°r together with estimates of the costs of those projects and the sources of funds to be used to pay them. 2.07. Section 7.06 of the Richfield City Charter (Continued): Richfield Charter Commission Minutes of Meeting for August 13, 2003 16 iii Budget-AAessage- Capital Program:, The ^^~~ ~.e message must contain, or have attached t#eFeto it, a sapi#a~-pFegra+~~f Capital Project Plan for the €+ue four fiscal years next sasseeding followin the fiscal year of the budget )reaF, The Capital Proiect Plan is to be prepared by the the Manager after consultation with the department heads and anv informational meetings conducted under Section 7.05 , (iv) Miscellaneous. The Manager must attas# to or include in the budget message supporting schedules exhibits and other data believed by the Manager to be appropriate and informative. 2.08. Section 7.07 of the Richfield City Charter is amended to read as follows: Section 7.07. Rass^^~-°^^~~^' R~~^'^° . Adoption of Budget. Subdivision 1. At the conclusion of the special budget meeting; the Council sha14 must ~'°}er^'~:^°'.~° ^'"^° ~"'~-time cf t• •~ set a r•-•-- ~--- ---- - public hearing on the budget; to be held published a notice ^f +~° +~~~° ^^~' not less than seven days nor more than #eufteee 14 days after the date of publication. The budget must be kept available to the public ' in the Clerk's office. . The public hearing on the budget must be conducted seas in a wa to give interested sitiaens persons a-FeaseRable an opportunity to be heard. The budget Manager sha41 must explain the various Items elements ther-eef of the budget as fully as a3ay-rae is deemed necessary by the Council. The budget resolution sktaN must set #eFth out the total established for each badgeted fund and eac# department wtt# such s~egregatiera--as-#e other information deems deemed necessary by the Council. ~Sf} The budget resolution shall must also state the amount of property and other taxes to be levied to fund the bu~Cd et. 2.09. Section 7.08 of the Richfield City Charter is amended to read as follows: Section 7.08. Enforcement of the Budget. The ~ Manager shah must strictly enforce the provisions of the budget .The G+ty Manager sha41 ~ not authorize or approve any expenditure unless an appropriation has been made in the budget resolution and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. 2.10. Section 7.08 of the Richfield City Charter (Continued): _ Section 7.08. Enforcement of the Budget. hle An officer or employee of the City shall may not place any an efdeFS order or make gay a purchase except for the purposes authorized in the budget. Amy An obligation incurred by an-y a person in the employ of the City for any a purpose not in the armed .. FC ~... .. r Richfield Charter Commission Minutes of Meeting for August 13, 2003 17 budget or for aay an amount in excess of #~e an amount appropriated in the budget resolution or in excess of available monies in aey a fund of the City ~ay~e-ser-sidered is a personal obligation of the person incurring the expenditure. 2.11. Section 7.09 of the Richfield City Charter is amended to read as follows: Section 7.09. Altering or Adiusting the Budget. After the budget shahhave has been duly adopted, the Council may not increase the amounts fixed in the budget resolution; by the insertion of new items or otherwise, bey~d in the amount more than the estimated revenues; unless the actual receipts exceed the estimates and then not beyer~d more than the actual receipts. The Council may at~y tiflae, by ,reduce the sums appropriated for any purpose by the budget resolution. Within the three months after the close of the fiscal vear. the Council At at the request of the Manager, ~~~'*"'^ +"o ~~~+ +".ve 'may transfer unencumbered appropriation balances from one office, department or agency to another within the same fund for the fiscal vear just ended. All appFeprlatief-s Appropriations shalt 1a~se at the end of the budget year to the extent that they sleet have not been expended or encumbered. 2.12. Section 7.10 of the Richfield City Charter is amended to read as follows: Section 7.10. Emergency Appropriation in Budget. The Council may include an emergency appropriation as a part of the budget but not exceed more than three ~ ep rcent of the total operating appropriations made in the budget for that year. A transfer from the emergency appropriation to aa~ethef another appropriation shall may be made ec~ly-uper~ t~ resolution on recommendation of the City Manager or a member of the Council ' . The funds ##as so appropriated sklaall may be used only for the purposes designated by the Council. 2.12 Section 7.11 of the Richfield City Charter is amended to read as follows: Section 7.11. Disbursements. How Made. Ale Except as otherwise provided in this section, disbursements of City funds shall may, be made except only by check bearing the actual or facsimile signature of the City Manager and the treasurer. Ale-saskt• A check shall may not be issued unless the claim to which it relates specifies the purpose for which the disbursement is made and the fund upon which it is drawn, and the claim has been supported by an itemized bill, payroll, or time sheet approved and signed by the responsible City officer who vouches #eF the correctness and reasonableness tk~es# of the claim. The Council may by ordinance make further regulations for the safe-keeping and disbursement of the funds of the City including the disbursement of funds for the payment of bills and obligations by electronic means. 2.13. Section 7.12 of the Richfield City Charter is amended to read as follows: Section 7.12. Funds to be Kept. There shall must be maintained in the City treasury the funds provided for in tlae-feAewiag this st~bd+v+sier-s: section. Subdivision 1. General Fund: The General Fund is established for the payment of alt general government expenses and those obligations e#'that the City deems proper. Into this fund shall be paid all monies not otherwise provided tieFeiw~ by statute, eF-by srdiAar~ee or this Charter to be paid into any other fund. Subd._2. Liquor Special Revenue Fund. A Liquor Special Revenue Fund is established aar# into which shall are to be paid ,net revenues of (i.e.. gross revenues less costs of operation maintenance and pledged revenues) the municipal F store ii proceeds 4~ ..:.. .. .. ~ 7 Richfield Charter Commission Minutes of Meeting for August 13, 2003 18 of special tax levies laws to support the fund, and iii other special revenues so designated by the Council. Expenditures ftom the Liquor Saecial Revenue Fund are to occur only as authorized by the budget resolution; ~evi~ . Monies in the fund may be geed extended for capital improvements e# only if so authorized ~ by ordinance. The Council may establish other special revenue funds that do not contain liquor store revenues and expenditures from such funds may be made as authorized by the resolution establishing the fund. Subd. 3. ~Jtallty-er A :Utility: Enterprise Funds. One or more utility or etheF public service enterprise funds are to be established into which shall are to be paid ji) the gross revenues of the appropriate utility or enterprise (ii) the proceeds of the sale of assets of the utility or enterprise, and (iii) the proceeds of bonds or other obligations issued for the pumoses of the utility or enterprise. T~°~e-~ be-paid-et~t Out of each e€-this fund are to be paid the costs including the financing costs of the purchase, construction, operation, maintenance and repair of sash the utility or enterpris , and other revenues as directed by the budget resolution. Separate funds shaA must be established and kept for each separate utility or enterprise. Subd. 4. Trust and Agency Funds: There are to be established Ane one or more trust and agency funds for the care and disbursement of money received and held by the City as trustee or custodian or in the capacity of an agent for individuals or other governmental units. Subd. 5. Discretionary Fund. A Discretionary Fund is established for payment of reasonable and necessary expenses, not otherwise payable by the City as compensation, incurred by the Mayor and Council Members for the benefd of the City aa4-its-people. Appropriations to and expenditures feselatier}. The Council may by resolution establish the purposes and procedures for the making of disbursements from this fund, but includin disbursements made without previous Council authorization shall and those disbursements be are subject to audit and allowance by the Council. (Amended Bill 1968-16, Bill 1990-13) Subd. 6. In addition to the foregoing funds, there may be maintained in the City treasury, ; ~} ~, one or more working capital or revolving funds, for financing self-sustaining ast+v+ties not accounted for through other funds; and {~ ii such other funds as may be required by st:,att~te-ef law,, ordinance or the Charter. Subd. 7. The Council may make interfund loans by resolution where permitted by law except from Trust and Agertsy funds. 2.14. Section 7.13 of the Richfield City Charter is amended to read as follows: Section 7.13. Accounts and Reports. The accounts of the City shall must be maintained on an accrual or modified accrual basis in accordance with generally accepted governmental accounting standards and procedures. The ~ Manager shall .must submit such reports as w+ll•-fie are necessary +~t-e~ef to keep the Council fully informed of the financial condition of the City. Once each year~on or before the-38t#-day-ef June 30, the City Manager shall must submit a .complete financial report of the City for the preceding fiscal year ending December 31, a summary of which shall must be published in the official newspaper. The city Manager, under the direction of the Council, on or before June 30 ef-eash--year, sMaA must prepare at least one comprehensive public information report of the financial affairs of the City. The Manager must distribute the report to the G _z ~~ ~ a ~:-~ ~_ Richfield Charter Commission Minutes of Meeting for August 13, 2003 19 persons and organizations and in the manner deemed advisable by the Manager. (Amended, Bill No. 2002-2) 2.15. Section 7.14 of the Richfield City Charter is amended to read as follows: Section 7.14. Citv Indebtedness. Except as provided in Sections 7.15 and 7.16, fls obligations shaµ may not be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Charter or by state law, ae-sas# obligations shah may not be issued and sold without the approval of the majority of the reg+stered voters of the City voting on the question at a general or special election. Before submitting a question to the voters under this Section, the Council Est conduct at least one public hearing on the question preceded by published notice 'not more than 28 days nor less than 14 days prior to the hearing. (Amended Bill No. 1993-7) 2.16. Section 7.15 of the Richfield City Charter is amended to read as follows: Section 7.15. Tax Anticioation Certificates. At any time after January 1, following the making of an annual tax levy, the Council may issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total amount of certificates issued against any fund for any year with interest thereon until maturity shalt may not exceed 90% of the total current taxes for the fund uncollected at the time of issuance. Certificates shalt may be issued on such terms and conditions as the Council may determine but they shall become due and payable not later than the first day of April of the year following their issaaase. The proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the full faith and credit of the City shall must be irrevocably pledged for the redemption of the certificates in the order of their issuance against the fund. 2.17. Section 7.16 of the Richfield City Charter is amended to read as follows: Section 7.16. Emergency Debt Certificates. If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary e~eradlt~es, the Council may by resolution issue and sell on such terms and in such manner as the Council determines emergency debt certificates to mature within three years. A tax sufficient to pay principal and interest on such certificates must be levied as required by law. The resolution authorizing an issue of such emergency debt certificates stall must state the nature of the emergency and be approved by a majority of all the members of the Council. 2.18 Chapter 7 of the Richfield City Charter is amended by adding a new section as follows: Section 7.17. State Budget Procedure. If state law specifies a schedule and procedure for the adoption of the budget and lew of taxes that is different from that provided in sections 7.05 through 7.07 of this charter, the schedule and procedure in state law supersedes the schedule and procedure in this charter.. Discussion: Mike Sandah/made the motion to accept the above changes. Bi// Bu//ock seconded the motion and a ro// ca// vote was taken. A// a/even members who were present voted to accept the changes. Motion ap ssed Richfield Charter Commission Minutes of Meeting for August 13, 2003 20 The meeting was adjourned @ 8:32pm T. ~._ . r -, e e. ~ `, c t _~ r Respectfully Submitted Amy K. Zabransky, Secretary Richfield Charter Commission AGENDA SECTION: COIISeIIt AGENDA ITEM # 6E REPORT # 259 J STAFF REPORT CITY COUNCIL MEETING NOVEMSER 12, 2003 REPORT PREPARED BY: MiKA EASTLING, DIRECTOR OF PUBLIC WORKS Naas, Ti7zs COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~~~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of proposed Gas and Electric Franchise Fees Ordinances and setting the public hearing and second reading for January 6. 2004. I. RECOII~IlVIENDED ACTION: By. Motion: Approve first reading of the Gas and Electric Franchise Fee Ordinances and schedule a public hearing and second reading for January 6, 2004. II. BACKGROUND At the November 7, 2003 Budget Work Session, the City Council directed City staff to prepare Gas and Electric Franchise Fee Ordinances for City Council consideration. The City Council wanted to provide a dedicated funding source for important infrastructure elements. The following annual expenditures were identified: • $444,000 for Pavement Management • $200,000 for ADA~Building Code compliance • $6, 000 for Forestry In addition to the publication of notice in the Richfield Sun Current, notice will be given on the City of Richfield web page and cable channel. A press release will also be provided to the Richfield Sun. The Chamber of Commerce has requested that City staff provide information on the proposed franchise fees at an upcoming Chamber meeting. The City Council may want to direct staff to be available to other civic groups as well. III. BASIS OF RECOMMENDATION A. POLICY • Dedicated funds from Franchise Fees can provide a reliable funding source for the important infrastructure elements of streets, buildings and trees. B. CRITICAL ISSUES • Unstable state funding has resulted in cuts in the General Fund which has in turn led to deferred maintenance of city streets and extended delays in addressing ADA/building code issues at City Hall. C. FINANCIAL • The fee schedule included in the Franchise Fee Ordinances can generate about $650,000 annually. D. LEGAL • The City Attorney drafted the Franchise Fee Ordinances to be consistent with the Franchise Ordinance. The City Attomey will be available at the meeting to address questions from the City Council. IV. ALTERNATIVE RECOMMENDATIONS} • The City Council can change the amount of the fee. For every one percent ($.0145 for residential customers and similar for commercial) adjustment up or down, the total annual revenue changes $6,500. • The City Council could set a different date for the hearing. The December 9, 2003 City Council Meeting is the earliest regular City Council meeting that can meet the legal notice requirements. • The City Council could decide not to proceed with the first reading and stop the process. V. ATTACHIVIENTS • A copy of the proposed Franchise Fee Ordinances VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE IlYIPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY 1VIINNEGASCO FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix _ is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. , a Franchise Agreement between the City and CenterPoint Energy Minnegasco ("Minnegasco"), the City has the right to impose a franchise fee on Minnegasco in an agreed upon amount and. fee design, as set forth in Section 6.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its Gas Franchise in accordance with the schedule attached hereto as Exhibit A and made a part of this ordinance, commencing with the Minnegasco's 2004 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be based on the complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The fee may be changed by ordinance from time to time, however each change shall meet the same notice requirements and may not occur more often than annually. Such fee shall not exceed any amount, which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its records available for inspection by the City at reasonable times, provided that the City and its designated represetrtative agree in writing not to disclose any information that is not public data which would indicate the amount paid by any identifiable customer or any other information regarding specific customers. .nos-24oo2s~i RC145-326 Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Minnegasco will surcharge its customers in the City the amount of the fee. Subd. 5. Record Suauort for Payment. Minnegasco shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section Z.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10} days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Minnegasco by certified mail. It has been agreed to in advance by Minnegasco's representatives that Minnegasco will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June 30, 2006 to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give Minnegasco at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of Minnegasco to any proposed increase in the fee but may unilaterally decrease or terminate the fee. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Richfield this day of , 2003. Read and passed by the City Council of the City of Richfield this day of 2003. Mayor City Clerk/Administrator APPROVED AS TO FORM: , City Administrator .nos-2aoo2svi RC145-326 EXH/BlT A MINNEGASCO GAS FRANCHISE FEE SCHEDULE Class Residential Comm-A Comm/Ind-B Comm/Ind-C SVDF-A SVDF-B Fee Per Meter $1.45 $1.45 $4.50 $10.00 $10.00 $10.00 Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January -March collections due by Apri130. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. .mss-24oo2s~i RC145-326 ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE IlVIPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER DB/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix _ is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Puraose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. , a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose a franchise fee on Xcel Energy in amount and fee design as authorized in Section 9.1 of the Xcel Energy Franchise and in the fee schedule attached hereto as Exhibit A. Subd. Z. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its Electric Franchise in accordance with the schedule attached hereto and made a part of this ordinance, commencing with the Xcel Energy's 2004 billing month. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account-based fee on each premise and not ameter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a .single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address} shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 4. Surcharge. The City. recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such - utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. JMS-240033v1 RC145-326 Subd. 5. Record Suaaort for Payment. Xcel Energy shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June 30, 2006 to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give Xcel at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of Xcel to any proposed increase in the fee but may unilaterally decrease or terminate the fee. SECTION 2. This ordinance takeseffect as provided herein. Read by the City Council of the City of Richfield this day of Read and passed by the City Council of the City of Richfield this day of 2003. 2003. Mayor City Clerk/Administrator APPROVED AS TO FORM: City Administrator JMS-240033v1 RC145-326 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Residential Sm C & I -Non-Dem Sm C & I -Demand Large C & I Fee Per Meter $1.45 $4.50 $10.00 $65.00 Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January -March collections due by Apri130. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. JMS-240033v1 RC145-326 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 Consent 6D 252 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAML; TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~~.~ Q REVIEWED ~Y CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the attached ordinance rezoning the property at 6300-6310 Penn Avenue from "I" Industrial to "C-2" General Commercial. I. RECOIVIlVIENDED ACTION: By Motion: Approve first reading of the attached ordinance rezoning the property at 6300-6310 Penn Avenue from "I" Industrial to "C-Z" General Commercial. II. BACKGROUND Aldi, Inc., a grocery store chain, has a purchase agreement for the property noted above and plans to raze the existing building and construct a new 15,150 square foot grocery store, a surface parking lot for SO cars, and install landscaping at this site. The proposed use will require an approved off-street parking permit, which is also being considered by the City Council in a separate item at the November 12, 2003 meeting. In conjunction with the requested off-street parking permit, the City of Richfield has initiated a rezoning of the property to change the zoning from Industrial to General Commercial. While the proposed use as a grocery store would be allowed in the "I" Industrial zoning district, the City's Comprehensive Plan calls for the elimination of Industrial zoning whenever possible. ~ III. BA5IS OF RECOMMENDATION A. POLICY State Statute 462.357 Subdivision 4 states that "An amendment to the zoning ordinance may be initiated by the governing body, the planning agency, or by petition of the affected property owners as defined in the Zoning Ordinance". Richfield Zoning Code Chapter 546.07, Subdivision 1 states that "An amendment to this code may be initiated by the Planning Commission, Council, or by petition of the owners of at least 50 percent of the land proposed to be rezoned...." The Planning Commission is initiating this rezoning to eliminate industrial zoning and to bring the zoning of the parcel at 6300 Penn Avenue into conformance with the proposed use as a grocery store. The Executive Summary of the Richfield Comprehensive Plan states "Existing Industrial uses and zoning should be converted to commercial or other comps#ible uses through the use of incentives and specific redevelopment planning." (Page 1-11.) The Executive Summary of the Richfield Comprehensive Plan also states that "Both sides of Penn Avenue from the Crosstown to West 64th Street should be converted to regional commercial and/or office..." {Page 1-22.) The Plan Elements of the Comprehensive Plan states "Existing industrial uses are scattered, small, and inconsistent with surrounding land uses. These individual sites and structures are proposed to be converted to uses that are compatible with the Plan proposals for the surrounding area through the use of incentives and specific redevelopment planning. Most will be converted to commercial uses." {3-5). B. CxrITCAL IssUEs There are two components to the proposed redevelopment of the property at 6300 Penn Avenue that require City review and approval: 1 } Rezoning the property; and 2} Approving a proposed site-plan and off-street parking configuration. The Planning Commission reviewed the proposed rezoning at a public hearing on October 27, 2003 and voted unanimously to approve the rezoning. There were only comments from a Fraser School representative regarding Queen Avenue access. Those issues were resolved as noted in the Staff Report on the off-street parking permit. The Planning Commission also reviewed the proposed site plan for the requested off-street parking permit at the October 27 public hearing. The proposed site plan for the off-street parking permit was presented in a separate Staff Report for consideration by the City Council. While the Comprehensive Plan encourages the use of `incentives' to convert land-uses in industrial areas to non-industrial uses, the current Aldi, Inc. proposal is receiving no public subsidy or assistance. C. FINANCIAL wa D. LEGAL Zoning: Currently `I', Rezoning to `C-2'. Land Use: Currently commercial catering, proposed grocery store. Comprehensive Plan: See `Policy' above. Notification: Notice for the Planning Commission public hearing was mailed to property owners and residents within 350 feet on October 14, 2003. Notice for a public hearing and second reading with the City Council will be mailed on November 25. Other Actions: Council: If approved at first reading on November 12, 2003, a public hearing and second reading will be held on January 13, 2004. HRA: N/A Hearing Examiner: N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request to rezone the property from "I" Industrial to "C-2" General Commercial. V. ATTACHMENTS • Ordinance Draft revision to Appendix 1 reflecting changed zoning. Code References: State Statute Section 462.357, Subdivision 4 City Code Section 546.07, Subdivision 1 Comprehensive Plan; Volume One-Pag~11; Volume One-Page 22; and Volume Three-Page 5. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Michael Eggerts, Aldi, Inc. Mr. Joseph Samuels, RLK Kuusisto, Ltd. BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1 which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 1, Paragraph (1) is amended to read as follows: (1) M-9, 10 Th.++ .+re~+ hind hefi~ioer, +he nonfat linos of Der~n ~nr) 1 (1~ Coen Avorn ~o ~nr) hefiuoon +ho nonior linos i+f L.`Q~~~~~ cc~~,,.. ................~..,, ..- --------- ---- ----- dtt~. That area Ivinq between the renter line of Penn Avenue and a line drawn parallel to and 330 feet westeerly of the center line of Penn Avenue and between the center line of 63rd Street and a line parallel to and 264.01 feet south of the center line of 65th Street. Section 3, Paragraph (64) is amended to read as follows: (64) M-9 Th + ~+re•+ Ivinr, hofiuaon +ho o~~+ lino of 1 olio Torr•+no Arlrli+i rl +ha non+or lin ~ ~nrl hofi~iocn +ho ~+ r,~ea-~aeo . e-ef--Per~a~ea~ue; ~p~r..~,~,T~~ enter" lina~=~~~~~ C+r That area Ivinq south of the center line of state highway 62 and west of the and the east line of Leslie Terrace Addition thence south along the east tine of Leslie Terrace Addition to the center line of 63rd Street extended westerly: thence east along the extended center line of 63rd Street to a line parallel with and 330 feet westerly of the center line of Penn Avenue; thence south along said parallel line to a line parallel to and 264.01 feet south of the extended center line of 63rd Street- thence east along the last described parallel line to the center line of Penn Avenue and there terminating. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of January, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 6300 PENN AVENUE REZONING - "I" TO "C-2" OCTOBER 2003 ZONING OF PROPERTIES WITHIN 350 FEET CROSSTOWN HWY. R i LLI C 2 Q R - C-2 ; I a ~ R . Q',' ~ W R W "~ ._! O a R j Q R ~ MR-2 R ~ R 63RD ST. J R W R R C-2 ~ R ~ R R R Q` R 6300 C-2 R R R C-2 R C-2 R R R R R R R C-2 R R C-2 1 R C-2 R ~ 64TH ST. ZONING SYMBOLS R =SINGLE FAMILY RESIDENTIAL MR-2 = MULTI FAMILY RESIDENTIAL -MEDIUM DENSITY =INDUSTRIAL C-2 =GENERAL COMMERCIAL N goo o ~o0 200 30o aoo Feet 10-14-03 6300 PENN AVENUE REZONING - "I" TO "C-2" OCTOBER 2003 LAND USES OF PROPERTIES WITHIN 350 FEET CROSSTOWN HWY. LAND .USE SYMBOLS RES =SINGLE FAMILY RESIDENTIAL APT =APARTMENT BUILDING IND =INDUSTRIAL COM =COMMERCIAL QUASPBLC =QUASI-PUBLIC 100 0 100 200 300 400 Feet ui a W J O Q N 10-14-03 State Statute 462.357. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the goveming body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the goveming body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Richfield Zoning Code 546.07. Zoning amendments. Subdivision 1. Initiation of_Amendment. An amendment of this code may be initiated by the Planning Commission, Council, or by petition of the owners of not less than 50 percent of the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. Properties owned by federal, state, municipal entities, or other political subdivisions shall be excluded from any computation of the percentage of land necessary for rezoning petitions initiated by landowners. RICHFIELD COMPREHENSIVE PLAN. VOLUME ONE-PAGE 11 C. INDUSTRIAL Industrial uses such as manufacturing, processing and assembly require large sites or tend to cluster and therefore will most likely be limited to the New Ford Town area and other land east of Cedar Avenue that is affected by future airport development. Existing industrial uses and zoning should be converted to commercial or other compatible uses through the use of incentives and specific redevelopment planning. VOLUME ONE-PAGE 22 PENN AVENUE Both sides of Penn from the Crosstown to West 64th Street should convert to regional commercial and/or office except for the existing multiple residential on the north end of the block on the east side of Penn Avenue. The CR/O use should occupy the full depth of the block between Oliver and Penn Avenues in order to provide adequate space for parking and landscaping. VOLUME THREE-PAGE 5. 1.3 INDUSTRIAL Existing industrial uses and zoning are scattered, small and inconsistent with surrounding lahd uses. These individual sites and structures are proposed to be converted to uses that are compatible with the Plan proposals for the surrounding area through the use of incentives and specific redevelopment planning. Most will be converted to commercial uses. AGENDA SECTION: COIIS@IIt AGENDA ITEM # 6C REPORT # 251 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 REPORT PREPARED BY: STEVEN L. DEVICH ADMINISTRATIVE SERVICES DIRECTOR NAME, TITT.E COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIlZECTOR REVIEW: " SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution amendments to the Flexible Spending Account Benefit Plan Document. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving amendments to the Flexible Spendin Accounfi Plan Document. II. BACKGROUND The City of Richfield provides City employees a Flexible Spending Account Plan benefit that is regulated by federal law. The Flexible Spending Account Plan allows employees to designate and set aside a biweekly deduction that may be used on a pre-tax basis for IRS approved medical, insurance and childcare-related expenditures. Acclaim Benefits, formerly called Stanton Group, administers the City's Flexible Spending Account Plan and ensures strict adherence to current federal law. ~-~ Changes in federal guidelines in addition to changes. by the City and Acclaim Benefits deem it necessary to make changes in the City's Plan Document. In order to incorporate these changes into the Plan Document, it is necessary for the City Council to adopt a resolution formally modifying the Plan. 1112 Flex Acct Following is a summary of the proposed changes to the City's Plan Document: • Effective November 1, 2003, the provisions of the Plan referencing the reimbursement procedures shall be amended to say that claims received by fax or mail will be audited and entered within 24-hours of initially receiving the reimbursement claim form. • The Health Care Reimbursement Account maximum will be increased from $3,000 to $3,500 effective January 1, 2004. • Acclaim Benefits will enact a reimbursement minimum, which will be subject to change at the discretion of the Plan, and/or Acclaim Benefits effective January 1, 2004. • Health Care expenses shall be amended to include over-the-counter drugs effective January 1, 2004. • This amendment complies with Revenue Ruling 2003-102. • The cost of over-the-counter drugs may be reimbursed under the Plan if they have been purchased for the diagnosis, treatment or prevention of disease or for the treatment of sickness or injury, regardless of whether they are deductible for federal income tax purposes and regardless of whether or not they have been prescribed by a physician. III. BASIS OF RECOMMENDATION A. POLICY • The City offers a Flexible Spending Account Plan to eligible City employees. • The Plan should follow federal regulations for such plans. B. CRITICAL ISSUES • Federal law has changed to make the plan to allow reimbursement for certain over-the-counter drugs. • The City should make any changes in November to coincide with the City's Open Enrollment period. C. FINANCIAL • There is no cost to the City for the Plan modifications. D. LEGAL • The proposed changes conform to federal law for such plans. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide not to adopt the proposed changes and leave the plan as it is. • The City Council could choose to review this matter at a later date. V . ATTACHMENTS • Plan amendment resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. RESOLUTION NO. RESOLUTION AUTHORIZING AMENDMENT TO THE CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE FLEXIBLE SPENDING ACCOUNT PLAN WHEREAS, the City of Richfield previously adopted the City of Richfield Health Care and Dependent Day Care Expense Reimbursement Plan (Plan) January 1, 1991; and WHEREAS, the City of Richfield desires to amend and restate such Plan as presented to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield Health Care and Dependent Day Care Expense Reimbursement Plan be amended, restated and adopted in the form presented to the City Council. Changes are effective as identified in staff report; and BE IT FURTHER RESOLVED that any authorized persons of the City are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said Plan at any time; and BE IT FURTHER RESOLVED that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (FRIBA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the City Council of the City of Richfield, Minnesota this 12th of November 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 Consent 6B 250 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution designating City's contribution toward health, term life and dental insurance remiums for General Services and Mana ement em to ees. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. II. BACKGROUND At the present time, the City contributes to the cost of premiums for four kinds of insurance coverages available to City employees. Full-time Management and General Services employee contributions are discussed within this staff report as well as contributions toward health insurance for part-time regular General Services employees. Other employees are covered under terms of labor agreements. LIFE A $25,000 term life insurance policy is provided for all full-time Management and General Services employees. The City pays the full premium for this insurance, which is $4.88 per month per employee. The rate remains the same for 2004. 1112 Benefits DENTAL The second type of insurance provided to full-time Management and General Services employees is aself-funded group dental insurance. In 2003, the City contributed $27 per month per employee for the total cost of employee (not dependent) coverage. Employees who desire dependent coverage must pay the full cost of such additional premium, which for 2003 was $32. These rates will remain the same in 2004. Inasmuch as dental insurance is self-funded, the City establishes the dental rates from year to year internally, based upon administrative and benefit payout cost data. HEALTH INSURANCE FOR FULL-TIME EMPLOYEES The third type of insurance coverage available to full-time Management and General Services employees is group health coverage. The Local Government Information Systems Association (LOGIS) group will again offer the Medica High Option Plan, Elect Plan and the deductible MIC1000 plan. The Elect Plan has been enhanced for 2004 to include Medica Essential, which adds additional network choices to the plan. In an effort to remain flexible and keep rate increases as low as possible, LOGIS offers a four-tier system, giving employees the choice of employee only, employee plus spouse, employee plus child(ren) and family option. By providing this four-tier rating system some employees are able to benefit by choosing the employee plus spouse option or employee plus child(ren) option. LOGIS health insurance rates show an overall increase of 13.5% from 2003. The City will continue to pay the full individual employee premium and provide an additional contribution toward dependent coverage up to a specified maximum insurance premium. In 2004, the City's monthly contribution for Management and General Services employees would be increased from $515 to $565 for the employee plus spouse and employee plus child(ren) tiers and from $530 to $580 for the family coverage tier. The City's contribution for Management and General Services employees as a percent of premium over the past several years is shown in Attachment 7. Full-time employees have the option to waive health insurance coverage through the City if they prove they have coverage elsewhere. Employees electing to waive coverage will receive an additional $50 per month on their pay check. This $50 will be taxed as regular income. ThA ~nn~ anrt Anna monthly premium costs of the health plans are: 2003 Medica. 2004 Medica 2003 Medica 2004 Medica High Option High Option Elect Elect or Medica Essential Employee Onl $329.83 $374.85 $301.29 $342.33 Employee Plus S ouse $704.43 $800.37 $643.47 $731.11 Employee Plus Child rep $665.46 $756.10 $607.85 $690.66 Famil $869.74 $987.70 $794.46 $902.97 2003 Medica 2004 Medica MIC100 MIC 100 Plan (deductible) Plan Employee Onl $277.07 $333.87 Employee Plus S ouse $591.72 $713.02 Employee Plus Child ren $558.98 $673.57 Famil $730.58 $880.35 HEALTH INSURANCE FOR PART-TIM_E REGULAR EMPLOYEES The City will continue to contribute 75% of the single health care premium for part-time regular employees and increase the dependent coverage contribution to $282.50 per month for the employee plus spouse and employee plus child(ren) tiers and $290 for the family coverage tier. Part-time employees may opt out of health insurance altogether. LONG-TERM DISABILITY (LTD) The fourth type of insurance provided to all employee. groups, except Firefighters, is long- term disability insurance (LTD). LTD is provided through a group policy secured by the City. The premium rate for 2004 will remain at 29 cents per $100. However, the City will seek bids for LTD insurance in early 2004 because the two-year contract with the current LTD provider ends April 1, 2004. III. BASIS OF RECOMMENDATION A. POLICY • The City is a LOGIS boardmember and has participated in the process of receiving the best possible health insurance rates. • The City continues to provide adequate insurance protection for the Management and General Services employee groups, which are comparable to other City employee groups, as well as employees performing similar jobs in comparable communities. • By providing the same coverages, greater benefit equality is achieved between female classes found in Management and General Services groups and male classes found in the contracted labor units. B. CRITICAL ISSUES • The City should implement the premium increases for coverages by December 1, 2003. Payroll deductions for January insurance payments, the beginning of the new insurance period, are calculated in December. C. FINANCIAL • The funding necessary to provide for the premium contributions as recommended will be addressed in the 2004 Revised budget. • Even with the increase recommended, Richfield will be below the average of comparable metro cities. D. LEGAL • In order to provide the requested insurance benefit changes, the City Council must approve the resolution designating the City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may take no action to increase the insurance premiums beyond the current 2003 funding level. • Defer discussion to another date. V . ATTACHMENTS • Resolution • The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES WHEREAS, the hospital-medical/surgical group health insurance plan is available from the LOGIS Health Insurance program for City employees and their families; and WHEREAS, a term life and accidental death and dismemberment insurance plan is available from the Local Government Information Systems. Association (LOGIS) for City employees; and WHEREAS, aself-funded group dental insurance plan is available to City Management and General Services employees and their families; and WHEREAS, a group short-term and long-term disability program is available to City Management and General Services employees; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverages. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $580 per month for family health insurance to full-time employees, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option. The City shall give to full-time employees not participating in the City's health plan, a sum of $50 per month, which will be taxed as regular income. For all full-time Management and General Services employees, the City shall also pay the $27 monthly premium for the offered dental insurance plan, and the $4.88 monthly premium for the term life and accidental death and dismemberment insurance plan for, for a total possible maximum 2004 insurance premium contribution of $611.88 per month. The City shall contribute 75% of the single health care premium for part-time regular employees and a maximum of $290 per month towards. dependent coverage. Part-time employees shall also receive a portion of short-term disability insurance dependent upon hours worked. Such contributions shall be for coverage effective January 1, 2004. BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term disability insurance for full-time Management and General Services employees. BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution toward insurance premiums far all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective organized employee groups. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of November 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Attachment 1 The Citv's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF COST PREMIUM 1999 MEDICA High Option $524.92 $415.00 79% Low Option $480.31 $415.00 86% 2000 MEDICA High Option "Employee + Spouse $524 $435 83% * Employee + Children $495 $435 88% * Family $646.96 $435 67% Elect Option * Employee + Spouse $469.87 $435 93% * Employee + Children $443.87 $435 98% * Family $580.13 $435 87% Low Option * Employee + Spouse $479.46 $435 91 * Employee + Children $452.93 $435 96% '` Family $591.97 $435 73% 2001 MEDICA High Option * Employee + Spouse $586.98 $455 78% * Employee + Children $554.50 $455 82% * Family $724.72 $455 63% Elect Option * Employee + Spouse $536.18 $455 85% * Employee + Children $506.50 $455 90% "Family $661.99 $455 69% Low Option * Employee + Spouse $546.93 $455 83% * Employee + Children $516.66 $455 88% * Family $675.28 $455 67% 2002 2003 2004 MEDICA High Option * Employee + Spouse $636.00 $495 78% * Employee + Children $600.81 $495 82% * Family $785.25 $495 63% Elect Option * Employee + Spouse $580.96 $495 85% * Employee + Children $548.80 $495 90% * Family $717.28 $495 gg% MIC 1000 * Employee + Spouse $534.24 $495 93% * Employee + Children $504.68 $495 98% * Family $659.61 $495 75% MEDICA High Option * Employee + Spouse $704.43 $515 73% * Employee + Children $665.46 $515 77% * Family $869.74 $530 61 Elect Option * Employee + Spouse $643.47 $515 80% * Employee + Children $607.85 $515 85% * Family $794.46 $530 g7% MIC 1000 * Employee + Spouse $591.72 $515 87% * Employee + Children $558.98 $515 92% * Family $730.58 $530 73% MEDICA High Option * Employee + Spouse $800.37 $575 71 * Employee + Children $756.10 $575 75% * Family $987.70 $590 59% Elect Option * Employee + Spouse $731.11 $575 77% * Employee + Children $690.66 $575 82% " Family $902.97 $590 64% MIC 1000 * Employee + Spouse $713.02 $575 79% * Employee + Children $673.57 $575 84% " Family $880.35 $590 66% AGENDA SECTION: Consent AGENDA ITEM # 6A REPORT # 249 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 12, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW:~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution for an Off-Street Parking Permit for 6300-6310 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution for an Off-Street Parking Permit for 6300-6310 Penn Avenue. III. BACKGROUND I Aldi, Inc., a discount grocery store chain that offers a limited selection (700-1,000 items versus 30,000 plus. items at supermarkets), has a purchase agreement for the property at 6300-6310 Penn Avenue and plans to raze the existing building and construct a new 15,150 square foot grocery store, a surface parking lot for 80 cars, and install landscaping at this site. The proposal requires an off-street parking permit.. As part of the approval process for the off-street parking permit (OSP), the City of Richfield has initiated a rezoning of the property to change the zoning from. Industrial to General Commercial. The rezoning is addressed in a separate staff report. The property at 6300-6310 Penn Avenue is currently occupied by a 39,665 square foot building that is used for commercial catering operations. The site is currently 11203-OSParking-6300Penn.doc `over-built', with the building covering 50 percent of the property and the remainder of the site being completely covered in paved/impervious surface. The current building and site are non-conforming in several regards: • The site is 100 percent covered in impervious surface, where the City requires at least 10% non-impervious surface in the I district and 15% non-impervious surface in the C-2 district. No landscaping is provided. • Building set-backs are non-conforming on two sides: On the south side, where 25 feet is required, there is no set- back; On the west side, where 25 feet is required and 23.6 feet are provided. • Insufficient parking is currently provided fora 39,665 square foot building. Approximately 30 spaces are provided. At least 40 are required for aloes-impact use such as warehouse (one per 1,000 square feet) and as many as 160 parking spaces are required for typical commercial use (one per 250 square feet). • The parking that is provided is not setback from the property lines the required distances. In most cases, the parking stalls abut the property line where five-foot setbacks are required on the side and eight-foot setbacks are required along Penn Avenue. • The current Industrial zoning for the parcel is in conflict with the City's Comprehensive Plan, which calls for Regional Commercial and Office at this location. • While the building has minimal windows in the front, it does not meet the City's goals for the appearance of building elevations that front a street, particularly in a location as visible as Penn Avenue near Highway 62. The proposed site plan and off-street parking configuration have passed site plan review with staff, where the following matters were satisfactorily addressed: Parking The parking will be adequate relative to anticipated need. Currently, the site is under-parked. The proposed site plan will provide 80 spaces fora 15,150 square foot building or one space for every 190 square foot of building. This ratio exceeds the City's minimum requirement of one parking space for every 250 square feet of building. Parking areas also meet setback requirements. Even though more. parking is provided than the City's minimum requirement, the site will still be adequately landscaped. Adequate traffic control devices and safety features have been incorporated into the design of the parking lot, including the elimination of one curb cut onto Penn Avenue (see below). The parking lot also meets parking lot standards for drive aisle width, stall dimensions, landscaping, and the provision of handicapped spaces. Landscaping Currently, there is no landscaping on the site and the area is 100% covered in impervious surface. The proposed site will have a significant amount of landscaping, including a landscaped boulevard along Penn Avenue and a landscaped yard to the west (facing Fraser School). Currently both of these areas are simply covered in asphalt. The proposed site plan also provides for landscaping along the north and south property lines. Overall, 29% of the site will be landscaped and 71 % will be covered in impervious surface. Building The current building does not meet setback requirements on two sides. The proposed building will be sized more appropriately for the site and will meet or exceed all setback requirements. Staff has asked, and the applicant has agreed, to set the building back 76 feet from Penn Avenue, more than double the required minimum of 35 feet required in the zoning code, so the building will be in-line with the existing Lund's Store to the north. The applicant has also agreed to staffs request to position the building so it's `back-side' is to the north to minimize the amount of `building back-sides' that are visible from Penn Avenue. Lastly, the applicant has also responded to requests from the staff to make the proposed building as attractive as possible through architectural design and additional windows facing Penn Avenue. Penn The proposed site will have only one access onto Penn Avenue, rather than the existi~ ~g-two .curb cuts .onto .Penn Avenue. The elimination of one curb cut onto Penn Avenue satisfies Hennepin County's desire to reduce the number of access points onto Penn Avenue (County Road 32.) Because only one driveway onto Penn Avenue will be provided, as requested by Hennepin County, Public Works will consider a request for a wider driveway entrance onto Penn Avenue to accommodate the consolidation of two curb cuts into one. Queen Queen Avenue was vacated in 1995. An access easement agreement allows properties with frontage along both Penn and Queen Avenues to use the vacated Queen Avenue to access their properties. This agreement will allow the proposed grocery store to have access to 64th Street via vacated Queen Avenue. Staff has met with representatives from Fraser School to inform them of the proposed new grocery store and has encouraged the applicant to contact Fraser School to discuss use of Queen Avenue. - Other Stormwater management, demolition, erosion control, and lighting plans will be submitted prior to the issuance of demolition and building. permits. III. BASIS OF RECOMMENDATION A. POLICY • Procedures for issuance of 'an OSP permit are outlined in City Code section 800.17, which authorizes the City Council to issue a permit after determining that the requested parking area will not have an adverse.. effect upon the public safety or general welfare of the community. B. CRITICAL ISSUES • There are two components to the proposed redevelopment of the property at 6300 Penn Avenue that require City review and approval: 1) Rezoning the property and 2) Approving a proposed site-plan and off-street parking configuration. • The Planning Commission reviewed the proposed rezoning at a public hearing on October 27, 2003 and voted unanimously to approve the rezoning. There were comments only from a Fraser School representative as noted below. • The Planning Commission also reviewed the proposed site plan for the requested Off-Street Parking Permit at the October 27, 2003 public hearing. The Planning Commission encouraged the applicant to work with representatives from Fraser School to create a plan for a driveway entrance onto vacated Queen Avenue that addresses the concerns of Fraser School. Aldi, Fraser School, and city staff worked after the Planning Commission meeting to arrive at site plan that is satisfactory to both Fraser School and Aldi, including the following matters: Aldi will have a driveway onto vacated Queen Avenue as far north as possible so it is not near Fraser's School drop-off and pick-up area; Aldi will provide signage to discourage customer traffic on vacated Queen Avenue; Aldi and Fraser School will work together to install speed- bumps on vacated Queen Avenue so any traffic that does use Queen Avenue is slowed-down. C. FINANCIAL • The applicant will be required to submit a cash escrow equal to the value of the proposed landscaping improvements. The City will hold this escrow money for one year and use to insure that the planted materials achieve viability. D. LEGAL Zoning: Currently `I', Rezoning to `C-2'. Land Use: Currently commercial catering, proposed grocery store. Comprehensive Plan: Regional Commercial and Office. Notification: Notice for the Planning Commission public hearing was mailed to property owners and residents within 350 feet on October 14, 2003. No notice is required for the City Council consideration of the off-street parking permit request. Other Actions: Council: If approved at first reading, the accompanying proposal to rezone the parcel will be considered at a second reading and public hearing on January 13, 2004. H RA: N/A Hearing Examiner: N/A ALTERNATIVE KECOMMENDATION(S) ~ • Denv the requested Off-Street Parkins Permit for 6300-6310 Penn Avenue. ATTACHMENTS ~ • Resolution granting an Off-Street Parking Permit for 6300-6310 Penn Avenue. • Maps showing land-uses and zoning within 350 feet. • Site Plan • Landscaping Plan • Elevations showing the proposed building and signage • Certificate of Survey VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Michael Eggerts, Aldi, Inc. • Mr. Joseph Samuels, RLK Kuusisto, Ltd. RESOLUTION NO. RESOLUTION GRANTING AN OFF-STREET PARKING PERMIT AT 6300 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of an Off-Street Parking Permit for the parcel of land located at 6300 Penn Avenue, legally described as The north 264 feet of the east 330 feet of the south'/2 of the northeast'/4 of the northeast'/4, except roads; and WHEREAS, the requested Off-Street Parking Permit has been reviewed by staff and meets City requirements; and WHEREAS, the proposed parking area will adequately serve the purpose for which it is proposed and will not have an adverse effect upon the public safety or general welfare; and WHEREAS, the City has fully considered the request for approval for the Off-Street Parking Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That an Off-Street Parking Permit for 6300 Penn Avenue is hereby approved for a parking area as detailed in the site plan entitled "Aldi, Inc. Site Plan C-1", dated October, 2003 and drawn by RLK Kuusisto, Ltd. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of November, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 6300 PENN AVENUE REZONING - "I" TO "C-2" OCTOBER 2003 ZONING OF PROPERTIES WITHIN 350 FEET CROSSTOWN Hyyy, 64TH ST. ZONING SYMBOLS R =SINGLE FAMILY RESIDENTIAL MR-2 = MULTI FAMILY RESIDENTIAL -MEDIUM DENSITY I =INDUSTRIAL C-2 =GENERAL COMMERCIAL 100 0 100 200 300 400 Feet u.i Q W J O ~i N 10-14-03 6300 PENN AVENUE REZONING - "I" TO "C-2" OCTOBER 2003 LAND USES OF PROPERTIES WITHIN 350 FEET CROSSTOWN HWY. APT RES COM COM RES RES RES ~ RES RES J RES J RES N RES CO RES ~ RES M RES RES 6300 RES RES U m RES RES a Q COM RES RES ~ RES COM RES '"-" COM RES 64TH ST. LL! V,j IND Q Q W ~ ~ Z ~ ~ W O a COM APT 63 RD ST. 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