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CHA 01/06/2015 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: December 15, 2014 Re: Charter Commission Meeting of January 6, 2015 Tuesday This is a reminder to you that the next Charter Commission meeting will be held on , January 6th at 7:00 p.m. in Conference Room A on the Upper Level. In order to ensure a quorum, please remember, the Charter Commission policy requires a member to call or e-mail me before 10:00 a.m. Tuesday, January 6th, as to whether or not you plan on attending the meeting. You may call or e-mail me at (763)572-3523 or deb.skogen@fridleymn.gov whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. The Commission was discussing Chapter 6 at the last meeting and attached to the agenda is the most current draft. Your home work is to continue to review Chapter 6 for any additional changes. If you have any suggested changes prior to the meeting, please call or e-mail me with the changes by Tuesday morning so that I can bring those changes to the meeting. If you need any additional information prior to the meeting, please let me know. Have a Merry Christmas and a Happy New Year. See you on Tuesday, January 6th. FRIDLEY CHARTER COMMISSION A G E N D A TUESDAY, JANUARY 6, 2015 - 7:00 P.M. ====================================== Fridley Municipal Center LOCATION: Conference Room A Upper Level 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES December 1, 2014 5. ADMINISTRATIVE MATTERS A. Appointment of Nominations Committee 6. OLD BUSINESS A. Review of Chapter 6 (Motion to Remove from the table) 7. NEW BUSINESS A. Review of Chapter 10 (Motion to Remove from the table) 8. FUTURE MEETING TOPICS/COMMUNICATIONS 9. ADJOURNMENT Next Regular Commission Meeting Monday, February 2, 2015 Conference Room A Upper Level Item4 CITY OF FRIDLEY CHARTER COMMISSION MEETING DECEMBER 1, 2014 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Manuel Granroos, Carol Hoiby, Ted Kranz, Rick Nelson, David Ostwald, Barb Reiland, Cindy Soule and Richard Walch Members Absent: Commissioners Don Findell, Marion Flickinger, Novella Ollawore, Pam Reynolds and Lois Scholzen Others Present: Deb Skogen, City Clerk/Staff Liaison Moranda Zimmer, City Management Intern Dolores Varichak, City Councilmember (Ward 2) APPROVAL OF AGENDA Deb Skogen suggested the Commission think about amending their agenda to include the ability to have a discussion with Councilmember Varichak. Commissioner Braam MOVED and Commissioner Soule seconded a motion to amend the agenda to include Item 7 B Dolores Varichak and approving the meeting agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reiland MOVED and Commissioner Braam seconded a motion approving the Charter Commission meeting minutes of October 6, 2014. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Status of Appointments/Reappointments th Ms. Skogen reported that the appointments/reappointments to the Charter Commission from the 10 District Judge were received after the last meeting and all four individuals have accepted and signed their acceptance and oath. B. Status of Chapter 7 Amendment Ms. Skogen reported that the amendment proposed by an ordinance recommended by the Charter Commission to the City Council had received the public hearing and first reading. The second reading was th scheduled for December 8 and would be placed on the consent agenda. If it is adopted unanimously by the council, it becomes published and then effective 90 days after publication. Councilmember Dolores Varichak thank the Charter Commission on behalf of the City Council for their hard work in helping to work out a solution to the new budget process and legislative changes. C. 2015 Charter Commission Calendar DRAFT CHARTER COMMISSION MEETING OF DECEMBER 1, 2014 PAGE 2 Ms. Skogen reported she would be available the first meeting in January, as it was also the first meeting of the City Council and she would be administering the oath of office to the newly re-elected city councilmembers. She also said the first Monday in September was Labor Day and they may want to change the meeting date for September as well. Commissioner Kranz MOVED and Commissioner Braam seconded a motion recommending the 2015 Charter Commission meeting dates would be January 6, February 2, March 2, April 6, May 4, September 1, October 5 and November 2. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. OLD BUSINESS A. Review of Chapter 1 Chapter 1 was reformatted to break up the long sentence/paragraph in Section 1.02 Powers of the City, and to make it easier to find and understand the language. They questioned some of the terminology (some felt it was somewhat old fashioned) and wondered if any changes were needed. They asked Councilmember Varichak what she thought. Councilmember Varichak thought it was much easier to find, understand and read as bullet points. After discussing Chapter 1 further, Commissioner Walch MOVED and Commissioner Kranz seconded a motion recommending Chapter 1 have no language changes but that it be reformatted with bullet points. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. B. Review of Chapter 6 Commissioner Borman MOVED and Commissioner Reiland seconded a motion removing the review of Chapter 6 from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. Edits were made to Section 6.02 Powers and Duties of the City Manger. These included: First Paragraph after regulations, add the words adopted by the City Council. (a) Take out strikethrough at end of sentence to words are enforced. (g) Remove Edits were made to Section 6.03 Departments of Administration. This section should read as follows: affairs. It may alter the powers and organization of the same. It may enact in the form of an ordinance The Commissioners began discussing Section 6.04 Subordinate Officers. They asked if the City Clerk was responsible for the custody and disbursement of public funds. Ms. Skogen said no and suggested they reword the language to make it clearer. It was suggested that the word such be removed from the first sentence and that in the second sentence City Clerk be changed to City officers. There was then a discussion on whether the second sentence should start with the word The or These. Ms. Skogen was directed to leave it as the word The. DRAFT CHARTER COMMISSION MEETING OF DECEMBER 1, 2014 PAGE 3 The Commissioners then began discussing Section 6.05 Purchase and Contracts. Commissioner Soule said while the language states the City Manager shall be the Chief Purchasing Agent of the City, he could delegate some of those duties. The Commission started reviewing the second sentence bought found it confusing. It was determined that they should review this section before their next meeting to come up with language that would make that sentence more clear or more concise. NEW BUSINESS A. Review of Chapter 10 Due to the time, the Commissioners decided to leave Chapter 10 on the table. B. Discussion with Councilmember Dolores Varichak Councilmember Varichak asked the Commission how long they had been serving on the Commission. Ms. r Varichak said she was happy to be able to come to a meeting and she how they deliberate and make decisions. She said the Council has a new mission statement address the need for more families and businesses and keeping the community more safe and vibrant. Ms. Skogen will provide a copy of the Mission Statement to the members. The Commissioners asked Councilmember for her insight about the proposed organized collection. th Councilmember Varichak said that a public meeting was held on November 20 with about 30 individuals attending. Some were in favor, some opposed and some came to get questions answered. The public th hearing on the issue will held December 8 where the public will have the ability to provide testimony. She has received phone calls and e-mails and discussed the issue when campaigning. She is trying to understand and hear the public and does not want to take a position at this time. The Commissioners asked her a few additional questions for clarification. FUTURE MEETING TOPICS/COMMUNICATIONS The agenda for the next meeting shall include the review of Chapters 6 and 10. The Commissioners were reminded to review Section 6.05, as well as the rest of Chapter 6 before the next meeting and send any suggested language changes to Ms. Skogen so they can be shared with the other Commissioners prior to the next meeting. ADJOURNMENT: Commissioner Hoiby MOVED and Commissioner Reiland seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:33 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen Donald Findell City Clerk/Staff Liaison Commission Secretary DRAFT Item6 DRAFT 12-01-14 FRIDLEY CITY CHARTER CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the Council solely on the basis of training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the council at any regularly scheduled meeting provided at least three (3) members of the Council vote for the removal. (Ref. Ord. 790, Ord. 857) Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council,tThe City Manager shall control and direct the administration of the City's affairs subject to the provisions of this Charter and other regulations adopted by the City Council. The City Manager's powers and duties shall be: (a) To enforce this ensure the City Charter, and the laws, ordinances and resolutions of the City are enforced; (b) To appoint with the consent and approval of the Council all subordinate officers and employees with the consent and approval of the Council; (c) To remove any subordinate officer or employee, provided that the Council is notified; (d) To exercise control over all departments and divisions of the City administration created by this Charter or which may hereafter be created by the Council; (e) To attend all meetings of the Council, with the right to take part in the discussions but DRAFT having has no vote;. but tThe Council may at its discretion exclude the City Manager from meetings at which the City Manager's removal is considered; (f) To recommend to the Council, for adoption, such measures as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised as to the financial condition and needs of the City, and to prepare and to submit to the Council the annual budget to the Council; (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857) Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary,. and from time to time It may alter the powers and organization of the same. It may enact in the form of an ordinance such administrative code for the City as may seem necessary and may amend the same from time to time. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s). The City Clerk officers shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and general administration of the City's affairs as shall be ordained by the Council. The City Clerk may be designated to act as Secretary of the Council. The Council may combine the duties of various offices as it may see fit. (Ref. Ord. 625, Ord. 790, Ord. 857) DRAFT Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All contracts, bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City Manager, and shall be executed in the name of the City. (Ref. Ord. 625) Section. 6.06. CONTRACTS, HOW LET. In all cases of contracts for the purchase, rental, or lease of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper or other means authorized by state statute. In accordance with Section 3.06 of the city charter the city council has the authority to forgo this requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. (Ref Ord 1252) Section. 6.07. FURTHER PURCHASE REGULATIONS. Further regulations for the making of bids and the letting of contracts may be made by ordinance, subject to the provisions of this Charter. Item7 FRIDLEY CITY CHARTER CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Section 10.01. DEFINITION OF FRANCHISES. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 10.02. FRANCHISE ORDINANCES. The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co-partnerships, persons or other entity desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly executed by the grantee, has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) Section 10.05. RATES AND CHARGES. Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things, provisions, relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five (25) years. 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 7. The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise or the value thereof, if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625)