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CHA 11/03/2015 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY,NOVEMBER 3,2015 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 October 5, 2015 minutes 3.ADMINISTRATIVE MATTERS A.Presentation of Certificate to Commissioner Borman B.Update on vacancy (as of 10/27/15 no applications have been received) C.Setting meeting dates for 2016 4.OLD BUSINESS A.Draft Ordinance of Chapter 6 Purchases and Contracts B.Discussion of Chapter 10 5.NEW BUSINESS A.Reformatting of Sections 1.02; 4.08; 7.04; 7.15; and 7.18 6.FUTURE MEETING TOPICS/COMMUNICATIONS 7.ADJOURNMENT Next Regular Commission Meeting Date:Monday,JANUARY, __ 2015 Location: Fridley Municipal Center _______________ CITY OF FRIDLEY CHARTER COMMISSION MEETING OCTOBER 5, 2015 CALL TO ORDER: Chairperson Reynolds called the Charter Commission meeting to order at 7:00 p.m. The meeting was recessed until 7:11 to enjoy a treat that was brought in for the Commissioners by Commissioner Scholzen. ROLL CALL: Members Present: Commissioners Peter Borman, Don Findell, Manuel Granroos, Ted Kranz, Rick Nelson, David Ostwald, Barb Reiland, Pam Reynolds, Lois Scholzen, Arvonna Stark, and Richard Walch Members Absent: Commissioners Gary Braam, Marion Flickinger, Novella Olawore, and Cindy Soule Others Present: Deb Skogen, City Clerk/Staff Liaison Councilmember Dolores Varichak APPROVAL OF AGENDA UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reiland MOVED and Commissioner Findell seconded a motion approving the Charter Commission meeting minutes of September 5, 2015. Chairperson Reynolds requested the following changes to the minutes: Page 1 last paragraph, first sentence, change hetohe Page 2 first paragraph, first sentence, change sidetosaidand last sentence add the word thebefore manager. Page 2 second sentence, change WalshtoWalch. Page 2 fifth paragraph, last sentence, change 2015to2016. Page 4 third paragraph, remove the word thebefore budgeting in second sentence Page 4 last paragraph, example was the railroad trestleon Locke Lake that had a corn spillspilled Page 6 third to last paragraph, first sentence, to adda comma after the words Chairperson Reynolds said, CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 2 Commissioner Reiland MOVED to accept amended minutes as amended and Commissioner Findell seconded the motion. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE AMENDED MOTION CARRIED. ADMINISTRATIVE MATTERS A.Update on Commission Vacancy nd Ms. Skogen said Commissioner Borman would attend his last meeting on November 2. She had received two inquiries about the Charter Commission and had sent an application to the individuals.She would bring any applications received to the next meeting for their review. OLD BUSINESS A.Discussion of Section 7.12D Ms. Skogen had reformatted Section 7.12D into a more bulleted format to make it easier to read and understand. Commissioner Findell MOVED and Commissioner Reiland seconded a motion to adopt this format for the Charter. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. Chairperson Reynolds said she found four other sections in the Charter with the same format any changes to Section 1.02. Ms. Skogen said it had been reformatted for them to review, but no changes had been done. Chairperson Reynolds said the other sections were 4.08; 7.04; 7.15(2) and 7.18. Commissioner Reiland MOVED and Commissioner Stark seconded a motion requesting staff to prepare Charter Sections 1.02; 4.08; 7.04; 7.15(2) and 7.18 into the preferred bullet format. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 3 B.Discussion of Chapter 6 Commissioner Findell MOVED and Commissioner Kranz seconded the motion removing the discussion of Chapter 6 from the table. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. Ms. Skogen handed out aLeague of Minnesota Cities (LMC) memo on competitive bidding and contracts. The memo had been prepared in September, due to changes in state law to include best value contracting. She provided definitions on let and execute from the web or gested not changing because it is used in the field and is acceptable. Commissioner Borman asked about the competitive bidding process. He wondered if the contract had to be awarded to the lowest bidder or just that it is open for bid. Ms. Skogen said state law was changed during the 2015 legislative session. The law now you have to advertise that you are awarding the contract on best value. It provides an alternative to the competitive bidding process for certain kinds of contracts. Best value contracting allows you to take into consideration the performance, timeliness, level of customer satisfaction; finance; ability to minimize cost over runs and change orders, project plans, technical capability and more based on past performance. Commissioner Borman had read an article about St. Croix River Bridge that CS McCrossen had the lowest bid, but had not received the bid. He understood they were going to court to contest the contract. Ms. Skogen said best value was new and it may have played a part in the St. Croix River Bridge process. Commissioner Kranz asked if the prevailing wage was in the Charter. Ms. Skogen said it was not part of the Charter but it was an ordinance that had been adopted by the City Council for use on city projects. Commissioner Findell asked Ms. Skogen if service contracts would be exempt from the competitive bidding process. Ms. Skogen said yes service contracts and contracts for professional services were not included in the competitive bidding process, however, based on the dollar amount of the contract, staff still provides comparison proposals for services to determine which contract to go with or purchases from the state contract. Chairperson Reynolds said, at one point in their discussion Ms. Skogen recommended separating purchases from contracts. Ms. Skogen thought it would be easier to understand, after reviewing how the Minnetonka language was. CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 4 Commissioner Nelson said he did not think it was a good idea to put a specific policy into place The Commissioners discussed Section 6.05 which allows for a policy to be set for the city manager to designate who may purchase, and revise it as needed. Chairperson Reynolds said Charter officer or employee of the city shall place any order or make any purchase except for the purposes and to the amounts authorized in the budget. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person omeone signed off on a contract or purchase that was not approved or authorized in the budget, that they could be liable and pay for it. Ms. Skogen said Section 7.06 addressed the enforcement of the budget, but it also gives the city manager the power to disciple, suspend or terminate an employee if this were to happen. They talked about likely scenarios where this might happen. Chairperson Reynolds said when she re-read the staff memo dated January 14, that has to do discussion of Chapter 6, that the request from staff to provide a list for informational purposes to the Council regarding claims was not a good idea. She said the Council was ultimately responsible and believedthey should consider approving the claims because the preamble to Chapter 7 says the Council is responsible for finances. She did not agree with the language in the Minnetonka Charter. Ms. Skogen said the memo was to provide information to the Commission as reference and the Charter Commission decided not to make any additional changes pertaining to that language. Commissioner Nelson thought a good share of the claims would have already been paid. He checks that have been prepared for payment are not mailed until the day after the Council meeting, after the City Council has had time to review and ask questions if they have any. Councilmember Varichak said if she has a question, she asks for information prior to the council meeting from the city manager. Chairperson Reynolds asked if the council was looking at the claims,asking questions about the claims and approving them prior to being paid. She said just because it was in the budget that it is specifically listed. Commissioner Borman said the Council reviewed the claims, which are generally items that have been budgeted for. He used the following example: Park and Recreation had a budget of $500,000.00 to purchase tools and instead of spreading it out over a year, they wrote one check for $500,000. That that would show up on the Claims and the Council would question it, allowing Parks to come and address the claim, even if it was approved in the budget? CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 5 Ms. Skogen said if the purchase was over $100,000 it would have to come before council for approval, even if it was in the budget, prior to the purchase. Commissioner Reiland asked if the claims list included the department who purchased the item. Ms. Skogen said it provides an account number which would identify the department. the budget to be amended. Ms. Skogen said departments stay within their budgeted amount; however, they may amend which account code receives a specific dollar amount if they are over in a specific account code. Chairperson Reynolds said in Charter Section 7.02 the Council shall not have the power to increase the amount therein fixed beyond the estimated revenues. Ms. Skogen didnt think you could increase the budget once the budget was adopted. Charter Section 7.07,by a vote of at least 4 members may authorize the transfer of sums from the unexpected balances of the budget to other purposes. They do this by resolution stating where the dollars are and where they come from. Councilmember Varichak said if the City budgeted $15M they would have to stay within that budget. Ms. Skogen said you may have undesignated funds that could be used if needed and transferred. Councilmember Varichak used the example from the tree storm where they transferred money from the undesignated funds to the fund for cleaning up the debris. Commissioner Findell wondered about whether or not the language needed to be amended to address best value contracting. Ms. Skogen said it is now part of the state law as an alternate method so you want to amend it somewhat so it is not just the lowest responsible bidder. Commissioner Borman said he did not think they had to amend the language so it reflected the language in the Minnetonka Charter; but wondered what was harmful in the Minnetonka language vs. the Fridley Charter. He understood the Minnetonka Policy could not become part of the charter but said each department has a policy they follow and how they conduct their day to day business. Chairperson Reynolds said they are being told the Charter is not being followed because there are other people who may make purchase and contract under $100,000, so we are trying to make it work in Fridley. She said while the Minnetonka language is good, she thought it was harmful to removethe Council responsibilityfor viewing what has been paid so they know what has been paid. the claims. Ms. Skogen said you could change it;nguage. Chairperson Reynolds agreed and asked what other Commissioners thought. She said there had to be checks and balances and councilmembers should be viewing the claims. She was CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 6 also wondering if changes were made in 6.05 or 6.06 if other changes to other sections would have to be made. Commissioner Findell said for the payment of claims Section 7.11 addressed how disbursements were made by requiring an itemized bill that shall be approved and signed by the responsible City Officer who vouches for the correctness and reasonableness thereof. He approval, it allows the City mail the checks the next day. Ms. Skogen said the Commissioners amended Section 6.05 allowing for the City Manager to create a policy to allow for a designee(s) to have purchasing power. The Commissioners all were in agreement to amendment in Section 6.05. Commissioner Findell MOVED and Commissioner ______ seconded a motion approving Section 6.05 as amended. UPON A VOICE VOTE BEING TAKEN, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. Commissioner Borman said this would be the section to address best value contracting. Ms. Skogen said because the Charter can be more restrictive than state law, the current language would require the city to continue using the lowest responsible bidding, even though state law does provide for the best value alternative. If the Commissioners felt they wanted to have best value contracting, the charter should be amended to allow for that language. Commissioner Borman said the state has been using best value contracting. He said he knew the owner of CS McCrossen and he was the lowest bidder on the St. Croix River Bridge but that the state brought in other things he haddone on other jobs. Chairperson Reynolds said the LMC memo cited a court case (Rochester City Lines vs. City of Rochester) where the court or Attorney General ruled against the bidder citing their past practices/projects. Ms. Skogen said cities using best value contracting have to receive training and they have to advertise that they will be using best value contracting in their advertisement for bid and request for proposal. The training will be provided by the Department of Administration providing the details on the criteria methods. The Commissioners discussed whether or not the current language would allow for best value contracting and concluded it did not. The Commissioners determined they wanted the City Council to have a choice of the lowest responsible bidder or the ability to use the best value alternative. Commissioner Findell recommended the following language to amended Section 6.06 as follows: CHARTER COMMISSION MEETING OF OCTOBER 5, 2015 PAGE 7 When a bid is required,itshall be let to the lowest responsible bidder who is qualified the City Council shall have the option of lowest responsible bid or best value bid as describedinaccordance with Minnesota State Statutes as determined by the Council. Chairperson Reynolds suggested Ms. Skogen prepare a draft ordinance for the review at the next meeting. C.Discussion of Chapter 10 Ms. Skogen told the Commission that CenturyLink had sent a letter to the City requesting the initiation of an additional cable communications franchise. NEW BUSINESS Councilmember Dolores Varichak thanked the Commissioners for all of theirhard work and deliberation with the Charter. And thanked staff for providing information to the City Council. She thanked Commissioner Borman for his years of service and wished him well. FUTURE MEETING TOPICS/COMMUNICATIONS Approval of Agenda/Minutes Administrative Matters reviewal of Sections 1.02; 4.08; 7.04;7.15(2); and 7.18 in bullet format;and setting 2016 calendar Discussion of Proposed Ordinance - Chapter 6 Discussion of Chapter 10 ADJOURNMENT: Commissioner Borman MOVED and Commissioner Findell seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:50 P.M. Respectfully submitted, Debra A. Skogen Commissioner Donald Findell City Clerk/Staff Liaison Secretary ORDINANCE NO. ____ AN ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CHARTER ENTITLED ADMINISTRATION OF CITY AFFAIRS The City Council of the city of Fridley hereby finds, after review, examination and recommendation by the Fridley Charter Commission and staff, that the Fridley City Charter be hereby amended as follows: Section 1: That Section 6.02be hereby amended as follows: 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 CityCharter,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 andall city employees on the basis of qualification and experience 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;city employee subject to law and provide written notice of such actions to the City Council; (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 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 submitto the Council the annual budget to the Council; 1 Ordinance No. __ Page 2 (h)To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council.; and (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 2: That Section 6.03be hereby amended as follows: 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 timeIt mayalter the powers and organization of the same. It may enact,in the form of an ordinance, ansuch administrative code for the City as may seem necessary and may amend the same from time to time. Section 3: That Section 6.04be hereby amended as follows: Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and suchother officers subordinate to the City Manager as the Council may provide for by ordinance(s), resolution or established by law. The City ClerkThese 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. Section 4: That Section 6.05be hereby amended as follows: 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 2 Ordinance No. __ Page 3 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. Section 6: That Section 6.06be hereby amended as follows: 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 City Council has the option of lowest responsible bid or best value bid as described in the Minnesota State Statutes. 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ___ DAY OF _________ 201_. ___________________________________ Scott J. Lund, Mayor ATTEST: ________________________________ Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Published: 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) CHAPTER 10. - FRANCHISES Sec. 10.01. - Franchises required. Except as otherwise provided by law, no person, firm or corporation shall place or maintain any permanent or semipermanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the city. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the clerk to guarantee publication before the ordinance is passed. Sec. 10.02. - Term. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty (20)years shall be effective until approved by a majority of the electors voting thereon, at a general or special election. Sec. 10.03. - Public hearings. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least twice in the official newspaper not less than twenty (20) days prior to the date of the hearing. Sec. 10.04. - Power of regulation reserved. Subject to any applicable law the council may by ordinance reasonably regulate and control the exercise of any franchise including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable law, ordinance, or regulation or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Sec. 10.05. - Renewals or extensions. Every extension, renewal, or modification of any existing franchise or of any franchise granted hereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. Page 1 Chapter 10 - Franchises Section 10.01. Franchises Required. A person or legal entity must obtain a city franchise before installing or maintaining a fixture in, on, over, or under a city street or public way for a public utility or other purpose, except when otherwise permitted by law. A franchise must be granted by an ordinance that is not an emergency ordinance. The ordinance will contain the franchise conditions. The person or legal entity obtaining the franchise must pay for publication of the franchise ordinance and must deposit sufficient funds for that purpose with the city clerk before ordinance adoption. Section 10.02. Public Hearing. The council must hold a public hearing before a franchise ordinance is adopted or amended. Notice of the hearing must be published in the official means of publication at least 10 days before the hearing. Section 10.03. Further Regulation; Franchise Value. The council may by ordinance reasonably regulate and control the exercise of a franchise, to the extent permitted by law. The value of the franchise may not be included in the valuation of the grantee's property for any purpose, including municipal acquisition of the grantee's property by purchase or eminent domain. Section 10.04. Term. The council may not grant an exclusive or perpetual franchise. If a franchise is proposed for a term exceeding 20 years, the issue must be submitted to the voters for approval or disapproval. Section 10.05. Renewals. An extension, renewal or modification of a franchise is subject to the same limitations and procedures as a new franchise. CHAPTER 10 FRANCHISES Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Administrator to guarantee publication before the ordinance is passed. Section 10.02. Term. No perpetual franchise or privilege shall be created, nor shall any exclusive franchise or privilege be granted for a period of more than twenty-five years. Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the Council, the Council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the City Newsletter and in the official newspaper not less than ten days prior to the date of the hearing. Section 10.04. Power of Regulation Reserved. Subject to any applicable state law, the Council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and shall be granted in the same manner as a new franchise. 25 CHAPTER 10. - FRANCHISES Sec. 10.1. - [Required.] Except as otherwise provided by state statutes, no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the city. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the city following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the city clerk to guarantee publication before the ordinance is passed. (Ord. of 1-24-2001) Sec. 10.2. - Term. No perpetual franchise or privilege shall be created, nor shall any exclusive franchise or privilege be granted for a period of more than 25 years. Sec. 10.3. - Public hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the city newsletter and in the official newspaper not less than ten days prior to the date of the hearing. Failure to publish said notice or any defect in said notice shall not invalidate the notice. However, correction(s) must be published at the earliest practical time. Sec. 10.4. - Power of regulation reserved. Subject to any applicable state statutes, the council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Sec. 10.5. - Renewals or extensions. Every extension, renewal, or modification of any existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and shall be granted in the same manner as a new franchise. Page 1 FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.02. POWERS OF THE CITY. The City of Fridley: Shall have perpetual succession; May sue and be sued; May use and alter its seal at pleasure; Shall be capable of contracting and being contracted with; May take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; May acquire, construct, own, lease and operate public utilities, and render public service of every kind; May grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares, tolls, or charges which may be collected, the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise of license; May assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; May borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; May appropriate the money of the City for all lawful purposes; May provide for, construct, regulate, and maintain public works and local improvements; May levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; May license and regulate persons, corporations and associations engaged in any occupation, trade or business; May define, prohibit, abate, and suppress all things detrimental to the health, morals, 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; May regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; May regulate and control the use for whatever purposes of the streets and other public places; May make and enforce local police, sanitary, and other regulations; May pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; Shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; May exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; And in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. 10/05/89 FRIDLEY CITY CHARTER CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. On the first Tuesday after the first Monday in November, municipal general elections shall be held, at such place or places as the City Council may designate by resolution. General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord 1252) Section 4.03. PRIMARY ELECTIONS. There shall be a primary election, on the date established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. (Ref Ord 1269) Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections and Minnesota Election Laws. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06 (Ref. Ord. 1034, 1305) Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges as may be determined by the city clerk. No person Adopted 04/22/2013 Fridley City Charter Chapter 4. Section 4.07. signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873, 1230, 1305) Section 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign more than one petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref. Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921,) Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached a notarized affidavit of the circulator stating: (1) the number of signers of such paper; (2) that each signature appended thereto was made in the circulator's presence; and (3) that it is the genuine signature of the person whose name it purports to be. With each signature there shall be the printed name, birth year, and address of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate _____, whose residence is __________, for the office of __________, to be voted for at the election to be held on the ____ day of __________, _____; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. Printed Name Birth Year Address Signature __________ , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Adopted 04/22/2013 Fridley City Charter Chapter 4. Section 4.09. Subscribedand sworn to before me this ____ day of __________, _____. This petition, if found insufficient by the City Clerk, shall be returned to __________, at Number ____ Street. I hereby indicate my willingness to accept the office of __________if duly elected thereto. (Ref. Ord. 857, 1305). Section 4.08. WRITE-IN CANDIDATES A candidate for any city office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought no later than the seventh (7th) day before the primary, general or special municipal election. The city clerk shall provide the form to make the request. (Ref Ord 1305) Section 4.09. CANVASS OF ELECTIONS AND TAKING OF OFFICE. If more than two candidates filed for office, the Council must meet and canvass the primary election returns on the third calendar day after any primary election. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall be certified by the city clerk to the county auditor who shall place them on the municipal general election ballot without partisan designation. The Council shall meet and canvas the general (regular) election or special election returns between the third and tenth calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a) the total number of votes cast; (b) the total number of individuals registered before 7:00 am on election day and the total number of individuals registering on election day; (c) the total votes cast for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref. Ord. 1269, 1305) Adopted 04/22/2013 Chapter 7 Bullet Pointed FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES. Section 7.04. PREPARATION OF ANNUAL BUDGET. 1.The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three (3) major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2) preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted o the Council in accordance Minnesota State Law shall be published twice in summary in the official Publication prior to November 15. Section 7.15. BONDED DEBT AND DEBT LIMIT. 1. In addition to all the powers in respect to borrowing and the issuance of bonds and other obligations for the payment of money specifically or impliedly granted by this Charter, and any amendments thereto, the City shall have all the powers in reference to these subject matters granted to cities of its same class by the laws of the State of Minnesota in force from time to time. The City shall have the power to issue and sell its bonds to the State of Minnesota and to comply with all provisions of law relative to loans to municipalities from the permanent State funds. The City shall also have such powers as are necessary to obtain loans or funds from the Government of the United States and any of its instrumentalities or from the State of Minnesota or any of its instrumentalities, and to comply with all provisions of law relative to obtaining such loans or funds. 2. The Council by a vote of at least four (4) of its members may authorize the issuance of the bonds to provide funds for any public purpose not prohibited by law, or may in its discretion, by a majority vote of all of its members submit to the electorate propositions for the issuance of such bonds. When such a proposition is submitted to the electorate, no bonds or other term obligations of the City may be issued except pursuant to a favorable Chapter 7 Bullet Pointed vote of a majority of those voting on the proposition of their issuance. By the proceedings for the issuance of any bonds, by the terms of the bonds and by agreements with the purchasers of bonds, they may be made special in character and limited in their payment to earnings or to part earnings and part tax funds. To the extent that they are thus payable out of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total bonded debt of the City at the time of the issuance of any bonds shall not exceed ten percent (10%) of the last assessed valuation of the taxable property therein, or the limit authorized by State law for cities of the same class, whichever is the greater, but in computing the total bonded debt, certificates of indebtedness, bonds, warrants or other obligations issued before or after adoption of this Charter shall not be included or counted if (1) held in a sinking fund maintained by the City; or (2) issued for the acquisition, equipment, purchase, construction, maintenance, extension, enlargement or improvement of street railways, telegraph or telephone lines, water, lighting, heat and power plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by the City, or the acquisition of property needed in connection therewith, or for the construction of public drainage ditches, storm and sanitary sewers, or for the acquisition of lands for streets, parks, or other public improvements or for the improvement thereof, to the extent that they are payable from the proceeds of assessments levied upon property especially benefited by such improvements; or (3) issued for the creation of maintenance of a permanent improvement revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the year in which issued. Section 7.18. BONDS OUTSIDE THE DEBT LIMIT. Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt limit: (a)for the creation and maintenance of a permanent improvement revolving fund, (b)for extending, enlarging, or improving water supply system, lighting and heat and power plants, or either, or other revenue-producing public utilities of whatever nature, owned and operated by the City, or of acquiring property needed in connection therewith, (c)for public improvements payable from special assessments. The Council may also purchase equipment for street department, water or sewer utility, or fire department use on conditional sale contracts, provided that the installment payments do not extend beyond the estimated useful life of the equipment so purchased.