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CHA 05/04/2015 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: April 30, 2015 Re: Charter Commission Meeting of May 4, 2015 This is a reminder to you that the next Charter Commission meeting will be held on Monday, th May 4 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. Monday, May 4th, 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. We have received one application for the Charter Commission from Avonna Stark. I have included her resume for your reference. She is scheduled to attend the meeting unless the Legislature runs late. She will contact me on Monday if she cannot make it. Please let me know if you need any additional information prior to the meeting. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MAY 4, 2015 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES Motion approving the March 2, 2015 minutes 3. ADMINISTRATIVE MATTERS A. Recognition of Carol Hoiby for Service B. Update on Vacancy Avonna Stark Application 4. OLD BUSINESS A. Discussion of Chapter 6 Purchases and Contracts 5. NEW BUSINESS A. Discussion of Chapter 10 (remove from the table) B. Section 7.12 D 6. FUTURE MEETING TOPICS/COMMUNICATIONS 7. ADJOURNMENT Next Regular Commission Meeting Date: TUESDAY, September 2, 2015 Location: Fridley Municipal Center Conference Room A CITY OF FRIDLEY CHARTER COMMISSION MEETING March 2, 2015 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Donald Findell, Manuel Granroos, Carol Hoiby, Rick Nelson, Novella Ollawore, Barb Reiland, Pam Reynolds, Lois Scholzen, Cynthia Soule, Richard Walch Members Absent: Commissioners Marion Flickinger, Ted Kranz, David Ostwald Others Present: Deb Skogen, City Clerk/Staff Liaison Moranda Zimmer, City Manager Intern APPROVAL OF AGENDA Commissioner Reynolds addressed the date change from the third to the second, at the top of the agenda. Commissioner Braam MOVED and Commissioner Reynolds seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds noted her name was missing from a sentence on page four. Commissioner Braam MOVED and Commissioner Borman seconded a motion approving the Charter Commission meeting minutes of February 2, 2015. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. DRAFT CHARTER COMMISSION MEETING OF MARCH 2, 2015 Page 2 ADMINISTRATIVE MATTERS A.Election of Officers Commissioner Reiland MOVED and Commissioner Soule seconded a motion to approve the nominations as recommended by the Nominations Committee for Chair-Pam Reynolds, Vice- Chair - Richard Walch and Secretary Don Findell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. B.Update of Vacancy a.Ms. Skogen informed the Commissioners of Commissioner Reynolds choice to renew her term. She noted that Commissioner Hoiby will not be returning after her term is completed, which leaves a vacancy. Commissioner Borman will make his decision later in the year. b.The vacancy was noted that it will be posted to the local newspaper shortly C.Commissioner Dinner a.All Commissioners confirmed they received a save the datee-mail for the April th 20 Commissioners Appreciation Dinner. Old Business A.Review of Chapter 6 Ms. Skogen mentioned on behalf of City Manager, that the word enforce was better suited than ensure, as enforce has a clear definition. The Commissioners noted this feedback, but stated the word enforce was at the end of the sentence, subsequently meaning the same. This also eliminated the word from being listed twice within the one sentence. In reference to subsection B, Ms. Skogen said the City Manager was concerned about the change in language as it would not allow him or his directors the ability to suspend or remove an employee on the basis of qualification and experience. She suggested, if this is going to be changed, to separate the actions. Ms. Skogen said under the MN Public Employees Labor Relations Act, the City Manager provides supervisors with the authority to suspend or remove employees. She, said the City Manager was concerned this would take away from the ability to do this. Commissioners discussed how MN PELRA affected the charter. Commissioner Nelson said Reynolds said while they are unable to do any less than what MN PELRA states, they are able to make stricter guidelines. DRAFT CHARTER COMMISSION MEETING OF MARCH 2, 2015 Page 3 Commissioners discussed the proposed changes to the language. Ms. Skogen explained the current charter language allowed the City Manager to suspend or remove an employee without Council approval. Although with the proposed amended language, it may potentially take away the ability to designate the supervisors the ability to suspend or remove their employees. Commissioners noted this and asked if it needed to be stated in the Charter which individuals would have this authority. Commissioner Nelson stated whether the City Manager designated this duty elsewhere, he is informed or in communication with supervisors, of any suspension or removal of employees. The City of Fridley is the employer, not necessarily the City individuals are designated the suspending and removing of employees. It was also mentioned that within the first sentence of 6.02, the wording gives the City Manager the authority to make the actions of who this role is delegated to. Ms. Skogen said the department heads make the decision on appointing and the HR department receives the approval from the City Manager. Shifting the focus back to the language of the text, it was agreed upon for Section 6.02 subsection (b) and (c) to read as the following: (b) To appoint city employees on the basis of qualification and experience. To suspend or remove city employees subject to law and provide written notice of such actions to the City Council. (c) To appoint the city attorney, city clerk and department directors upon the basis of qualification and experience subject to council approval. To suspend or remove the city attorney, city clerk and department directors subject to law and City Council approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. about the policies and procedures as to hiring and firing process. Examples were given as to when it may be appropriate to suspend or fire on the spot, steps taken by Human Resources and how Union involvement affected decisions to better understand how the process worked. Commissioners continued through chapter 6, stopping at subsection I. Ms. Skogen asked on behalf of the City Manager, what the definition of absent meant. The commissioners said absent did not mean that the City Manager be in the office, but in reference to the council meetings. However, after further discussion it was decided there are other functions throughout an absence where a designee shall be needed, resulting in the language to read: (i)To appoint a designee to serve in their absence when presence is required. The name of the designee shall be forwarded by written notice to the City Council. Ms. Skogen suggested that the second sentence in Section 6.04 DRAFT CHARTER COMMISSION MEETING OF MARCH 2, 2015 Page 4 The Commissioners briefly discussed the sentence placement in section 6.05, deciding to further review this section, as well as section 6.06 at the May meeting. New Business The item was not removed from the table Future Meeting Topics The agenda for the next meeting shall include the following: Update on Vacancy Old Business: Review of Chapter 6 New Business: Chapter 10 New Business: Section 7.12 D ADJOURNMENT: Commissioner Soule 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 8.28 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Commissioner Donald Findell, Secretary DRAFT DRAFT 03-02-2015 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 city employees on the basis of qualification and experience. To suspend or remove city employees subject to law and provide written notice of such actions to the City Council. (c) To remove any subordinate officer or employee, provided that the Council is notified; To appoint the city attorney, city clerk and department directors upon the basis of qualification and experience subject to council approval. To suspend or remove the city attorney, city clerk and department directors subject to law and City Council approval. 1 DRAFT 03-02-2015 (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 as an ex- officio member of the city council without voting rights. but 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) (i) To appoint a designee to serve in their absence when presence is required. The name of the designee shall be forwarded by written notice to the City Council. 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, an 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), resolution or established by law. The City Clerk These 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. 2 DRAFT 03-02-2015 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) Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. The city manager may designate an individual(s) through the establishment of a policy that may be revised as needed. All purchases on behalf of the city shall be made, and all contracts shall be 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 City 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 or documented designee, 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. 3 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) Fridley City Charter Chapter 7 Section 7.12.F Section 7.12. FUNDS TO BE KEPT. There shall be maintained in the City Treasury the following funds: A. A general fund for the payment of such expenses of the City as the Council may deem proper. Into this fund shall be paid all money not provided herein or by statute to be paid into any other fund. B. A debt service fund, into which shall be paid all receipts from taxes or other sources for the payment of principal and interest of all obligations issued by the City except bonds issued on account of any local improvement to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. Out of this fund shall be paid the principal and interest of such obligations when due. Any surplus in such fund not needed immediately for debt service may be invested under the direction of the Council in such securities as are authorized by statute for the investment of such funds and such investments may be liquidated at any time. C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds issued by the City except bonds issued on account of any local improvement to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility. A separate bond account shall be kept for each issue of such bonds. D.A special assessment fund, which shall be used to finance local improvements that are to be paid for, in whole or in part, from special assessments against benefited property. There shall be paid into this fund: (1) collections of special assessments, with interest, levied against benefited property; (2) proceeds of bonds or certificates of indebtedness sold by the City in anticipation of assessment collections and the proceeds of interfund loans; (3) amounts from other City funds representing either (a) apportionments of costs against the City at large, (b) benefit assessments against City property, or (c) appropriations to maintain the integrity of the fund. There shall be paid out of this fund: (1) all expenses and costs of the improvement projects that are financed through the fund; (2) the redemption of all special assessment fund bonds and certificates of indebtedness, with interest, at or before maturity, and any interfund loans; (3) transfers to the general fund of any unencumbered surplus of the fund, in the discretion of the Council; and (4) abatements of assessments and refunds of receipts in error. The Council shall maintain the integrity of this fund by appropriations from tax funds if necessary, and in addition may by ordinance create and maintain in the fund a cash reserve sufficient for working capital purposes. In order to anticipate the collection of special assessments the Council may by a majority vote issue and sell bonds and certificates of indebtedness, pledging the full faith and credit of the City, or pledging only special assessments, in such amounts and maturities as it may determine, regardless of the provisions of Section 7.16 of this Chapter; provided that the aggregate amount of such bonds and certificates outstanding at any time shall not exceed the sum of the following; Fridley City Charter Chapter 7 Section 7.12.F (1) all assessments levied and uncollected; (2) assessable cost of work in progress; and (3) the cash reserve for working capital as previously determined by ordinance. In order that the fund may be administered on a self-sustaining basis, all improvement projects financed through it shall upon completion be certified by the City Manager as to total cost, which shall thereupon be apportioned by the Council either as assessments against benefited property or as amounts due from other City funds. Amounts apportioned against other City funds shall be due not later than the dates of adoption of the corresponding assessment rolls, shall be charged interest as in the case of assessments and shall be paid into the fund, with any interest due, not later than one (1) year after the due dates. E. A public utility fund into which shall be paid all money derived from the sale of bonds issued on account of any municipally owned utility and all money derived from the sale of utility services, and from the sale of any property acquired for or used in connection with any such utility. There shall be paid out of this fund the cost of the purchase, construction, operation, maintenance and repair of such utility, including the principal of and interest upon obligations which have been or shall be issued on its account. Separate accounts within the public utility fund shall be kept for all utilities which are operated separately. F. In addition to the foregoing funds, there may be maintained in the City Treasury, whenever the Council deems it advisable, the following funds: 1.A working capital or revolving fund, for financing self-sustaining activities not accounted for through other funds. 2.A trust and agency fund, 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. 3. Such other funds as may be required by statute or ordinance. In lieu of establishing any of the three (3) foregoing types of funds, Subsections 1, 2, and 3, the Council may provide for the recording of operations or activities for which the use of such funds night be suitable through the maintenance of separate accounts in any appropriate fund already established. The Council shall have full power to make by duly adopted ordinance such interfund loans, except from funds held under Subsection 2 hereof, as it may deem necessary and appropriate from time to time.