Loading...
CHA 03/26/2001 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: March 15, 2001 CITYOF Re: March Charter Commission Meeting FRIDLEY The next Charter Commission meeting will be held on Monday, March 26, 2001 at 7:00 p.m. in Meeting Room 1 of the Lower Level of City Hall. An election of officers and recognition of outgoing officers will be held. The Nominating Committee Report was handed out at the last meeting,but I have also enclosed it for your reference. I have prepared Chapter 8 with the suggested changes from the last meeting, as well as those from John Flora for you to use as a working copy for your continued discussion of this Chapter. If you need any of the additional information for the meeting,please let me know and I will make copies available to you. The City Council held a public hearing on the charter amendment March 5, 2001 during their regular city council meeting. They tabled the first reading to their next meeting March 26, 2001. If you have any questions regarding this meeting,please let me know as soon as possible. In addition, please contact me at(763) 572-3523 if you cannot attend the meeting. I will be out of town from March 20 through the 23rd and will be unavailable to you. However, I do have voice mail so please feel free to call anytime and leave a message. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MARCH 26, 2001 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: APPROVAL OF MINUTES February 26,2001 1. Administrative Matters A. Election of Officers B. Recognition of Outgoing Officers 2. Discussion of Chapter 8-Public Improvements and Special Assessments 3. Discussion of Chapter 9-Eminent Domain 4. Consideration of items for future discussion ADJOURNMENT Next regular meeting: April 30,2001 at 7:00 p.m. CITY OF FRIDLEY CHARTER COMMISSION MEETING February 26,2001 CALL TO ORDER: Vice Chairperson Gordon called the meeting to order at 7:01 p.m. ROLL CALL: Members Present: Don Findell,Craig Gordon,Harry Heck,Carter Hendricks,Nancy Jorgenson, Maynard Nielsen,Regina Querimit(7:18 p.m.),Cindy Soule and Francis Van Dan(7:05 p.m.) Members Absent: Suzanne Alvite'Warren,Char Fitzpatrick,Bill Holm,Deborah Monden Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Vice Chairperson Gordon requested that the agenda be changed in include item B under Administrative Matters for introductions of the new members. Commissioner Soule MOVED and Commissioner Hendricks seconded a motion to approve the agenda as amended. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF JANUARY 29,2001,CHARTER COMMISSION MINUTES: Commissioner Jorgenson requested that the minutes be corrected to reflect the correct spelling of her name in the first line, first paragraph under Discussion of Charter Amendment to Chapter 7. Vice-Chairperson Gordon requested that the sentence, "Mr. Eisenzimmer again stated that as the amendment was currently written he did not support it due to the singling out of the small business owners of the community."be added to the second to the last paragraph on page 3 under discussion of the Charter Amendment. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Report of the Nominating Committee DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 26,2001 PAGE 2 Vice-Chairperson Gordon received a report from Bill Holm of the recommendations of the Nominating Committee for officers for the next year. The recommendations of the Committee were the nominations of Commissioner Gordon as Chairperson,Commissioner Findell and Vice- Chairperson and Commissioner Monden as secretary. Commissioner Jorgenson MOVED and Commissioner Hendricks seconded a motion to receive the Nominating Committee Report. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Introduction of New Commission Members Vice-Chairperson Gordon welcomed the three new Commissioners,Nancy Jorgenson,Harry Heck and Carter Hendricks to the Commission. Introductions of all Commissioners was made at this time. 2. DISCUSSION OF CHAPTER 8-PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Commissioner Soule said the changes to Chapter 8 were suggested due to changes in state law and to help the public works department in performing their job. She suggested that the language be changed to reflect the state statutes because the change in the dollar amounts should be changed to reflect the recent changes in state law. n Commissioner Jorgenson concurred that the charter should be changed to refer to state law. She said there was legislation proposed pertaining to special assessments and reviewed the bid process. There was a question on the definition of what a"responsible bidder" was and a suggestion to remove the words from the Charter. Commissioner Hendricks wondered if you could use the language qualified bidder. Commissioner Jorgenson said you might not know whether someone were a qualified bidder or not. She said the bidders have to post a performance bond with the city with their bid. The City keep the bond of the qualified bidder and would use that bond should there be any difficulties. She used the example of a minority contractor who received the low bid,but did not have the necessary equipment to perform the job. Commissioner VanDan wondered what mechanism might be available to help a minority bidder or other bidder to determine what the specifics are the city would require and whether or not the SBA might be available to help them acquire the machinery or equipment needed to perform the job. Commissioner Jorgenson said the Public Works Department did try to work with this specific contractor, but after that project they may have fine-tuned the bid specifications for future projects. Commissioner VanDan wondered if a list of qualified bidders could be available that was based on past experience of the city or from other communities that could be used when bidding on projects. DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 26,2001 PAGE 3 Commissioner Querimit wondered if there was some criteria defined as to what qualified was. Commissioner Jorgenson thought there might be,but she did not know if there was a list available or not. Ms. Skogen said that there has been a question from time to time about what the"lowest responsible" bidder is and has gotten an opinion from the city attorney. If the lowest bidder cannot perform the contract as specified,they are not a responsible bidder. If they have not put everything into their bid that you have asked for,or if they have missed one item,they are not a responsible bidder which can disqualify them. Commissioner Findell noted Columbia Heights Charter made specific reference to MN State Statutes. Commissioner Soule said it was a question of whether the Charter Commission wants the Charter to be more restrictive than state statutes or to follow the statutes. Commissioner Jorgenson said the Fridley Charter should encompass the feelings of the community. She said the Columbia Heights Charter addressed the cost of special assessments and the value of the project and properties. Commissioner VanDan felt that"lowest responsible bidder" was inadequate terminology,because it was so open to interpretation. He suggested either referring to state statute or making some type of reference to a qualified bidder. Commissioner Querimit felt the city should not be more rigid than the state and preferred to refer to the state statutes in the language. Commissioner VanDan suggested the following language in Section 8.05.2: "the minimum qualification of bidders should conform to the state statutes." Commissioner Jorgenson noted the Columbia Heights Charter(Chapter 6, Section 57)referred to the Uniform Municipal Contracting Law(UMCL)of the State of Minnesota as to how contracts were let. Commissioner Soule said the Fridley Charter, Section 6.06 refered to how contracts are let. She wondered if Commissioner VanDan also would like to have this section changed to refer to qualified. Commissioner Hendricks noticed that the other charter examples all cited lowest responsible bidder and that Minnesota Statutes referred to lowest responsible bidder,and wondered if it should be changed. Commissioner Findell said several of the other examples,i.e.,Blaine and Anoka,also referenced the UMCL but they also referenced a specific statute. Ms. Skogen suggested not referencing a specific section of the state statute as it changes and the Charter would have to be amended to reflect those changes. Commissioner VanDan said that was why she was trying to be as generic as possible by only referencing the state statutes. Commissioner Jorgenson thought the name of the UMCL might stay the same,however,the section may change. DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 26,2001 PAGE 4 Commissioner Van Dan suggested the following language in Section 6.06: "...When a bid is required,it shall be let to the lowest responsible who is qualified in accordance with Minnesota State Statutes as determined by the Council..." And suggested the following language for Section 8.05.2: "...All contracts shall be let to the lowest responsible bidder who is qualified in accordance with the Minnesota State Statutes but-the. The term"lowest responsible bidder" shall be..." Commissioner Soule said that the Commission had been looking at the entire section when making changes and wondered if they should review all of Chapter 6 at a later date. She said that John Flora had also recommended changing the word construction to public works and suggested making those changes to Section 8.05.2 at this time. The Commissioners agreed Commissioner Jorgenson said that Chapter 429 of the MN State Statutes referred to a bidder as the "lowest responsible bidder" and felt it should be left in. After further discussion and review of the state statutes,it was determined to leave the word"responsible" in the charter. The language was changed as follows: Section 6.06: "...When a bid is required,it shall be let to the lowest responsible who is qualified in accordance with Minnesota State Statutes as determined by the Council..." Section 8.05.2: "The right is reserved to the city council,upon the recommendation of an engineer, acting through the seestructiee public works department,to bid on any work to be let by the contract. All contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes. but-the The term"lowest responsible bidder" shall be interpreted as giving the City..." Commissioner Jorgenson suggested looking at the language changes suggested by John Flora and referred back to Section 8.01. She recommended taking out the word village and adding the words comprehensive plans. Commissioner Soule mentioned there had been questions about the differences between zoning and comprehensive plans. Commissioner Jorgenson explained the differences and said that a comprehensive plan by MN State Statutes overrule zoning plans. She said the council could change the zoning code, however the comprehensive plan was a long process that needed regional approval,not just city approval to change. After further discussion, Section 8.01 should read as follows: The present Village zoning and comprehensive plans shall be the plans for future physical development of the City. gush Plans may be altered from time to time. To alter sash a zoning plan,the City Council shall hold a public hearing and notice published fourteen(14)days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas,for the planning and location of public works of art,public buildings,parks,playgrounds,bridges,transportation lines,and other public facilities, and for laying out, grading improving of streets and public places as well as fef all other matters which may seem essential to such a plan. 3. DISCUSSION OF CHAPTER 9-EMINENT DOMAIN WAS TABLED 4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 26,2001 PAGE 5 An election of officers will be held at the next meeting and discussion of Chapter 8 will continue. Vice- Chairperson Gordon reminded the Commissioners that the public hearing on the charter amendment would be held at the next City Council meeting on March 5. ADJOURNMENT: Commissioner Querimit MOVED and Commissioner Hendricks MOVED to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,VICE-CHAIRPERSON GORDON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:35 P.M. Respectfully submitted, Debra A. Skogen City Clerk/Staff Liaison n DRAFT To: Suzanne Warren, Chair Fridley Charter Commission , 47'- From: Bill Holm c Date: February 26, 2001 Subject : Nominating Committee Nominations At the January 29, 2001 meeting of the Charter Commission, a nominating committee was approved, composed of Commissioners Van Dan, Nielsen, and Holm. The Nominating Committed was to report its nominations for Chair, Vice Chair, and Secretary at the February 26 Meeting of the Commission. During February, the above Commissioners unanimously agreed upon a list of candidates from the membership on the Charter Commission. Each of the candidates was contacted and asked if they were willing to serve if elected. All were interested and willing to serve. Therefore, in accordance with the by laws of the Fridley Charter Commission, the Nominating Committee nominates the following Commissioners for each elected office, to serve for one year beginning n in March, 2001 : For Chair: Commissioner Craig Gordon For Vice Chair: Commissioner Donald Findell For Secretary: Deborah Monden WORKING DRAFT FRIDLEY CITY CHARTER CHAPTER 8 PUBLIC IMPROVEMENTS,AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present Village zoning and comprehensive plans shall be the plan for future physical development of the City. See Such pPlans may be altered from time to time. To alter sash a zoning plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, grading improving of streets and public places as well as fef all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the use of private property,the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building lines. Such power shall be exercised to promote public health, safety,morals,welfare and convenience. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local Improvements, Special Assessments. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith,with interest,until paid,but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. . . ., . . . . ., __. - - ' - -- . The City Council may prepare and adopt a comprehensive ordinance,prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof;provided that the City Council may proceed upon its own initiative hereunder WORKING DRAFT and under such ordinance by resolution adopted by five(5)four/fifths (4/5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract - , • , = -- . -- - - •- - - ($1,000), directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than tee fifty thousand dollars ($450,000) shall require an affirmative vote of at least four(4)members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a west ction public works department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the eefistaketieff public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes. , but the The term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref. Ord. 776)