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CHA 02/05/2018 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: January 10, 2018 Re: Charter Commission Meeting of February 5, 2018 This is a reminder to you that the next Charter Commission meeting will be held on Monday, February 5th 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 each member to call or e-mail staff before 10:00 a.m. MONDAY, February 5th. Please contact me by phone at (763) 572-3523 or e-mail me at deb.skogen@fridleymn.gov about your attendance. If we do not have a quorum by 10:00 am, I will send out an e-mail to see if additional members will attend. If by Noon there will not be a quorum, I will send out a follow-up e-mail to all members of cancellation of the meeting and post a cancellation notice on the door for those Commissioners who did not contact me, but came to the meeting. The Commission recommended an amendment by Ordinance of Chapter 7 to the City Council on th November 6. The amendment was published in the Fridley SunFocus, the public hearing was held on December 18, 2017and the first reading was held on January 8, 2018. A second reading is scheduled for Monday, January 22, 2018. I have provided the application and questions from Ms. Kelli Brillhart who has applied for the Charter Commission vacancy. She has replied that she will be at the meeting. I have enclosed a copy of Chapter 8 showing the proposed amendments. In addition, I have provided the information you requested during the meeting. After reviewing your question in Section 8.05 with our City Engineer, we felt the intent of to meet the constitutional requirements was pertaining to the Minnesota State Constitution, as Chapter 429 is part of Minnesota state law. In addition, a corrected calendar of City Council meeting dates was emailed to you for your reference. If you have any other questions or concerns pertaining to this meeting, please contact me. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 5, 2018 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A UPPER LEVEL 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: Motion approving the February 5, 2018 meeting agenda 4. APPROVAL OF MINUTES Motion approving the January 2, 2017 meeting minutes 5. ADMINISTRATIVE MATTERS A. Vacancy in the Council Interview B. Update on Chapter 7 C. Nominating Committee Report 6. OLD BUSINESS A. Continued Discussion of Chapter 8 7. NEW BUSINESS A. 8. FUTURE MEETING TOPICS/COMMUNICATIONS A. 9. ADJOURNMENT Motion to adjourn the meeting Next Regular Commission Meeting Date: March 5, 2018 CITY OF FRIDLEY CHARTER COMMISSION MEETING JANUARY 2, 2018 CALL TO ORDER: Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Don Findell, Manuel Granroos, Richard Johnston, Ted Kranz, Bruce Nelson, Richard Nelson, David Ostwald, Barb Reiland, Pam Reynolds, Valerie Rolstad, Cindy Soule and Avonna Starck Members Absent: Commissioner Crandall Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Reynolds suggested adding the appointment of the Nominating Committee to the agenda. Commissioner Reiland MOVED and Commissioner Johnston seconded a motion approving the meeting agenda with the addition of the appointment of the Nominating Committee to Item B of Administrative Matters. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Findell MOVED and Commissioner Starck seconded a motion approving the Charter Commission meeting minutes of November 6, 2017. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. DRAFT FRIDLEY CHARTER COMMISSION MINUTES OF JANUARY 2, 2018 PAGE 2 ADMINISTRATIVE MATTERS A.Vacancies Ms. Skogen said that Commissioner Walch had provided his resignation due to other commitments so there is one opening on the Commission. She said the information on the vacancy is on the website and on cable, but we have received no applications. Chairperson Ostwald asked if there were any terms soon to expire. nd Ms. Skogen said Commissioner Bruce Nelsons term expires February 22 and nd Commissioner Ted Kranzs term expires April 22. Upon discussion, Commissioner B. Nelson would like to continue to serve on the Charter Commission. Commissioner Kranz said he could not yet commit. Commissioner Rolstad MOVED and Commissioner Soule seconded a motion recommending the reappointment of Bruce Nelson to another term on the Charter Commission and directing staff to forward the information to the District Chief Judge. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. B.Update to Amendment to Chapter 7 Ms. Skogen provided an update on the process of the amendment to Chapter 7 by Ordinance. The City Council scheduled public hearing and the text of the ordinance was published in the official legal newspaper. The public hearing was held on December 18, 2017. She said the th first reading would be held on January 8 and the second reading would be held on January nd 22. If adopted, the ordinance would become effective 90 days after publication which is th May 16. Commissioner Reynolds was at the meeting and asked for the full text of the ordinance read. As it was the public hearing and not the first reading, the Council did not read the text. Ms. Skogen asked Commissioner Reynolds if she would like to have it read at the first reading so they could pre-record the reading prior to the meeting. Commissioner Reynolds said yes. C.Appointment of Nominating Committee After looking for volunteers to serve, and needing three individuals, Chairperson Ostwald appointed Commissioners Starck, Rolstad and himself to the Nominating Committee. Ms. Skogen said the Nominating Committee would have to have an open meeting and would have to post the meeting if not held after tonights meeting. The Committee decided to meet directly after the Charter meeting. DRAFT FRIDLEY CHARTER COMMISSION MINUTES OF JANUARY 2, 2018 PAGE 3 Ms. Skogen will prepare a memo of the Committees recommended nominations for the next meeting. OLD BUSINESS CONTINUED DISCUSSION OF CHAPTER 8 Commissioner Reiland wondered if authority should be changed to power so it was consistent. Ms. Skogen said the intent was to change power to authority. Commissioner Reynolds asked if in Section 8.03 that authority was only for the city plan. She wondered why the word morals was used and was unsure about that that had to do with the city plan. Ms. Skogen said the word morals has been in the Charter since its inception in 1957. It may be included to allow for the zoning of certain types of businesses and where they might be zoned. Ms. Reynolds wondered if it could clarified to say, as it applies to the city plan. Ms. Skogen said the title, Enforcement of City Plan would imply it applies to the city plan and did not think it was necessary. Ms. Reynolds asked if the language had anything to do with the comprehensive plan. Ms. Skogen stated she did not know. Ms. Soule said that Section 8.01 addresses zoning and comprehensive plans. Ms. Reynolds wondered if the comprehensive plan completed by ordinance or resolution. She said the charter language says it needs to be done by ordinance, but doesnt recall if it has been adopted by ordinance. Ms. Skogen said she was unsure. She will find out what the process is and provide the Commission with that information. Commissioner Reiland said in Section 8.03 the word power should be changed to authority in the first line. Commissioner Soule said they discussed using the word authority throughout this section to be consistent. The Commissioner discussed whether to omit Chapter 429 or refer to state law. It was determined they would keep the specific statute in this case. FRIDLEY CHARTER COMMISSION MINUTES OF JANUARY 2, 2018 PAGE 4 Ms. Reynolds recommended placing a comma afterimprovements may equal the cost of the improvements, including all costs There was some discussion about the paragraph, but all agreed just to insert the comma. Commissioner Kranz cited the staff memo stating, We have to remember that we are not required to continually rewrite the charter or make amendments. Chairperson Ostwald moved the discussion to Section 8.04 Local Improvement Regulations. Commissioner Reynolds asked if there was a better word to use than supplant in the third sentence. After reviewing a thesaurus it was suggested the use of the word supercede. Commissioner Soule wondered about the last sentence requiring a vote of 4/5 of the council Ms. Skogen will research to the issue and provide the information at the next meeting. Commissioner asked what to meet constitution requirements in the sixth line of the paragraph meant. She wondered if it was state or federal. Ms. Skogen will research the issue and provide the information at the next meeting. Commission Reynolds asked if there was an ordinance pertaining to how citizens could petition for a specific improvement and assessment. Ms. Skogen will research the issue and provide the information at the next meeting. Commissioner Reynolds thought this section was more like a process that included two different procedures for property to be assessed, by the Council, or by a petitioning group of citizens. Commissioner R. Nelson agreed that was how he viewed the language. He thought maybe there should be language that separates the two processes. Commissioner R. Nelson MOVED and_______ Commissioner seconded a motion that staff provide information about what was meant to meet constitution requirements, about the 4/5 vote of the council, and to clarify the process used for improvement projects and assessments. Chairperson Ostwald moved the discussions to Section 8.05. Public Works How Performed. Commissioner Reiland suggested inserting a comma in the first paragraph as follows: Manager shall, under the direction of the City Council, have suitable plans. Commissioner Reiland suggested removing a comma in the second paragraph as follows: upon the recommendation of an engineer, acting through The Commissioners discussed whether best value in reference to lowest responsible bidder should be included and wondered why that language was not included from their previous discussion of this section. Ms. Skogen will review the 2013 minutes and provide the information to the Commissioners at the next meeting. FRIDLEY CHARTER COMMISSION MINUTES OF JANUARY 2, 2018 PAGE 5 The Commissioners then discussed what the definition of material person meant. They wondered if it would be better to use vendors or suppliers. Commissioner R. Nelson said it is defined in the dictionary as a person who provides materials for a construction or renovation project. A material man can receive a mechanics lien from an owner or builder for the project guaranteeing payment of materials. Ms. Skogen said in the original charter it did say material men, however, it was amended to material person. Commissioner Kranz thought it covered more than vendors and if you just put the word vendor in, it would not cover everything. Ms. Skogen will research the definition and provide the information to the Commission at the next meeting. NEW BUSINESS The Commissioners discussed the calendar for 2018 and found there were a few errors. Ms. Skogen will update the calendar for the next meeting. FUTURE AGENDA Commission Vacancy Nominating Committee Report Update on Chapter 7 Continued Discussion of Chapter 8 ADJOURNMENT: Commissioner Rolstad MOVED and Commissioner Kranz seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:01 P.M. Respectfully submitted, Debra A. Skogen, MMC City Clerk/Staff Liaison Commissioner Manuel Granroos, Secretary COMMISSION AND BOARD MEMBER APPLICATION -572--502-4984 Please indicate your interest in each Commission by using the following the following numerical scale: (1=highly interested; 2=moderately interested, 3=not interested at all). 1 ___Charter Commission ___ Environmental Quality and Energy ___2 Planning Commission Commission (EQEC) ___ Park and Recreation Commission ___ Appeals Commission 23 ___ Housing and Redevelopment Authority 3 Name Kelli Brillhart Home Address 830 Moore Lake Drive W, Frildey, MN 55432 (include zip code) Home PhoneWork Phone 651-247-6084763-505-4888 Cell PhoneE-mail Address 651-247-6084k340029@gmail.com How long have you been a resident of Fridley? 9 years Are any members of your immediate family in the same household presently: Employed by the City of Fridley x Serving on a City Committee, Commission or City Council? x If yes, please explain: Employer:Occupation: Medtronic, Inc.Paralegal Does your employer require you to travel? __ Yes __ No x If yes, how often do you travel? Professional/Civic Membership andActivities: None currently. As some of the Commissions or Board require specific knowledge or expertise, please check the knowledge or expertise you have: __ Finance __ Banking __ Engineering __ Law __ Development or construction x __ Parks or recreational activities___ other _____________________________________ City of Fridley Commission and Board Member Application Page 2 Please check which skills you have that would help you as a member of a Commission: __ Ability to think independently or outside the box x __ Ability to provide an opinion without being overpowering x __ Have the eagerness and excitement to serve x __ Have the time needed to serve on Commission x __ Have the best interest of the community in mind when making decisions x __ Come to meetings prepared x __ Have good listening skills x __ Have good Decision-making and problem solving skills x Signature of Applicant: Date: January 3, 2018 Please attach a brief narrative telling us about yourself, outlining your qualifications for the commission(s) you are interested in and why you are interested in serving in that capacity. You may also provide a copy of your resume if you would like to. Please rev ApplicantsBoard application. Return your completed application with attachments to: 6431 University Avenue NE, Fridley, MN 55432 763-572-3500 (FAX) 763-502-4984 roberta.collins@fridleymn.gov Tennesen Warning The information you supply on this application will be used to assess your qualifications for the position for which you applying. You are not legally required to provide the information, but we will not be able to consider your application without it. The information is requested to distinguish you from other applicants; to identify you in our volunteer commission files; to determine if you meet the minimum qualifications of the position for which you are applying; and to contact you for an interview. Prior to being appointed, your information on this application will be considered private data on individuals pursuant to the Minnesota Government Data Practices Act.If you are certified as eligible for a commission vacancy, your name will become public data.If you are appointed by the City of Fridley, all information you supply on this application will become public data, except your street addressandphone number. only be accessed by you or a city official who has a bona fide need for it to comply with affirmative action and equal opportunity mandates. Charter Commission Candidate Questionnaire 1.Would you be available for winter meetings (the months of January through May)? Absolutely provided I am not ill or there is a childcare problem at the last minute. 2. If you are appointed, what would your expectations be? positive impact on the city by being a part of this Commission. th 3. Does your job require travel, especially at the end of the month or the 4 Monday of the month? No, my job does not require travel. My family obligations may require me to ticipate that being a conflict issue at all. 4. Why would you want to be on the Charter Commission, what could you bring to the table? I want to start getting involved in local government and making positive changes to the city and making this a better place for my family and all others who might negotiator. I have over 10 years of legal experience as a paralegal as well as a degree in communications. 5.Are you familiar with what the City Charter is? know what the charter says or how it works. 6. Is there anything else or any other comments you would like to share with the Commission? d professional in my work and a loving mother to three crazy boys ages 7, 5, and 3. Currently I support our family as my husband stays home with the boys and runs his business. I enjoy biking and gardening and plan to put in a rain garden in our yard nex more green initiatives to encourage less waste by residents. If I were appointed to this Commission I would serve with pride and diligence to support the Fridley Charter Commission. January 10, 2018 Fridley Charter Commission Nominating Committee Report The Nominating Committee consisted of Commissioners David Ostwald, Valerie Rolstad and Avonna Starck. The Nominating Committee met on January 2nd after the Charter Commission meeting. After discussion, the Nominating Commission offered the following nominations to serve as the 2018- 2019 Charter Commission Officers: Chair David Ostwald Vice Chair Valerie Rolstad Secretary Bruce Nelson All three members have agreed to serve if elected. TH MONDAY MARCH 5 The annual election will be held on at 7 pm in Conference Room A in the Upper Level. FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present zoning and comprehensive plans shall be the plans for future physical development of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions for: (Ref Ord 1310) Zoning; Platting and development of new areas; Planning and location of public works of art; Public buildings; Parks; Playgrounds; Bridges; Public transportation services and facilities; Other public facilities; Designing and improving streets; Designing and improving public places; and Other matters which may seem essential to the City plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power full authority, acting through the City Manager, to enforce complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate: the use of private property,; the height of buildings,; and the proportion of the area of any lot which may be built upon; and to establish building lines. Such power authority shall be exercised to promote public health, safety, morals, welfare and convenience. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power authority to make any and every type of public improvement not forbidden by the laws of the State and to levy special assessments to pay for all such improvements as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local Improvements, Special Assessments. The amounts assessed to benefited property to pay for such Draft from 1/2/18 meeting 12/02/2013 Fridley City Charter Section 8.05.2 local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant supercede all other provisions of law on the same subject and may be amended only by an affirmative vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of improvements and the making of assessments therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also require a petition of a majority in number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by four/fifths (4/5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council, have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than what is allowable under Minnesota state statutes shall require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a public works department and provide the department with suitable equipment. (Ref. Ord. 1310) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes. The term "lowest responsible bidder" shall be interpreted as giving the City Council the right to accept any bid which it determines to be most advantageous to the City. The City Council shall reserve the right to reject any or all bids in accordance with Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper bonds for the protection of the City, the employees and material person. (Ref. Ord. 776) Draft from 1/2/18 meeting 12-02-2013 HANDBOOK FOR MINNESOTA CITIES Chapter13 Comprehensive Planning, Land Use and City-Owned Land Learn about land use ordinancesto establishzoning and subdivision regulations, and city land acquisition through dedication, negotiation and eminent domain. Regulations and acquisition are the two basic methods of city land use control. I.City land use regulation RELEVANT LINKS: Minn. Stat. § 462.351. Cities are granted the authority to regulate land use by the Municipal Planning Act. Cities outside the seven-county metro area are not required to regulate land use. For those cities engaged in land use regulation, the Municipal Planning Act provides the framework and road map that all cities must follow. Cities regulate land use through three basic tools: See LMC information memo, The comprehensive plan. Planning Commission Guide. The zoning ordinance. See LMC information memo, Zoning Guide for Cities. The subdivision ordinance. See LMC information memo, Subdivision Guide for Cities. Cities are not required to adopt all three tools when engaged in municipal planning. However, it is important to note that each tool serves a separate and essential purpose. These planning, zoning, and subdivision tools harmonize and interact in important ways to protect and promote the sound development of the city. First, the comprehensive plan helps the city look to the future, as it guides current development in administering its zoning ordinance and subdivision ordinance. The city subdivision ordinance regulates the division of land into smaller lots and the creation of blocks and neighborhoods with safe streets, appropriate environmental features, and character. Finally, the city zoning ordinance regulates the use and density of city zones for commercial, residential, and industrial purposes, both segregating and combing uses where appropriate to prevent congestion, environmental contamination, and other negative human health hazards. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. Westwww.lmc.org10/1/2017 Saint Paul, MN 55103-2044(651) 281-1200 or (800) 925-1122© 2017 All Rights Reserved RELEVANT LINKS: A.Comprehensive planning and planning commissions 1.Purpose of comprehensive planning See LMC information memo, In essence, acomprehensive plan is an expression of the community’s Planning Commission Guide . vision for the future and a strategic map to reach that vision. Minn. Stat. § 462.351. Minn. Stat. § 462.352, subd. Comprehensive planningis not mandatory in cities outside theseven- See 5.Minn. Stat. § 462.355, countymetropolitan area.However, comprehensive planning is an subd. 1a.See MN Plan “Under Construction: Tools important tool for cities to guide future development of land to ensure a and Techniques for Local safe, pleasant, andeconomical environment for residential, commercial, Planning;” Sample Bethel industrial, and public activities. In addition, planning canhelp: Comprehensive Plan,City Population 502. Sample Chisago City Comprehensive Plan City Population 4,307. Sample Minnetonka Comprehensive Plan, City Population 51,519. Preserve important natural resources, agricultural land, and other open lands. Create the opportunity for residents to participate in guiding a community’s future. Identify issues, stay ahead of trends, and accommodate change. Ensure that growth makes the community better, not just bigger. Foster sustainable economic development. Provide an opportunity to consider future implications of today’s decisions. Protect property rights and values. Enable other public and private agencies to plan their activities in harmony with the municipality’s plans. For many cities, creating a comprehensive plan is the first step in adopting zoning and subdivision regulations for the city. As a result, the comprehensive plan normally lays out a vision for the city’s future land development and land use, dictating where growth should occur, the type of growth that is allowed in variousareas of the city, and the density of such growth. A comprehensive plan also may include a: Minn. Stat. § 462.352, subd. Public or community facilities plan. 8. Thoroughfare or transportation plan. Minn. Stat. § 462.352, subd. 7. Parks and open space plan. Minn. Stat. § 462.352, subd. Capital improvement program. 8. Minn. Stat. § 462.352, subd. 9. League ofMinnesota Cities Handbook for Minnesota Cities10/1/2017 Comprehensive Planning, Land Use and City-Owned LandChapter13| Page 3 RELEVANT LINKS: While not all cities are required to adopt a comprehensive plan, a plan is still a good practice. First, once a plan is adopted, it guides local officials in making their day-to-day decisions and becomes a factor in their decision-making process. Second,preparing a comprehensive plan prior to the adoption of a zoning or subdivision ordinance also affords the city additional legal protections if a particular ordinance provision is challenged in court. Zoning and subdivision ordinances must be reasonable and have a rational basis. Comprehensive plans assist a city in articulating the basis for its legislative decisions. Usually the courts will not question the policies and programs contained in a comprehensive plan adopted by a local community, or question the ordinances based upon the plan, unless the particular provision appears to be without any rational basis, or clearly exceeds the city’s regulatory authority. Minn. Stat. § 462.357, subd. If a city is not able to develop a comprehensive plan prior to adopting a 2.Minn. Stat. § 462.352, zoning or subdivision ordinance, the ordinances should be adopted in subd. 6.Minn. Stat. § 462.357, subd. 2 (c). conjunction with extensive, written finding of facts, stating the policy reasons that necessitate the ordinance’s adoption. 2.Procedure for adopting a comprehensive plan a.Seven-county metro area plan review: adjacent units of government Minn. Stat. § 473.858, subd. Prior to plan adoption, cities within the seven-county metro area must 2. submit their proposed comprehensive plans to adjacent governmental units and affected school districts for review and comment. b.Seven-county metro area plan review: Metropolitan Council Minn. Stat. § 473.175. Cities in theseven-county metropolitan areamust submit their Metropolitan Council. comprehensive plan to the Metropolitan Councilfor review of its compatibility and conformity with the Council’s regional system plans. City of Lake Elmo v. When the Metropolitan Council determines that a city’s comprehensive Metropolitan Council ,685 N.W.2d 1 (Minn. 2004). land use plan may have a substantial impact on or contain a substantial departure from the Metropolitan Council’s regional system plans, the Council has the statutory authority to require the city to conform to the Council’s system plans. League ofMinnesota Cities Handbook for Minnesota Cities10/1/2017 Comprehensive Planning, Land Use and City-Owned LandChapter13| Page 4 RELEVANT LINKS: c.All cities: public hearing requirements Minn. Stat. § 462.355, subd. Prior to adoption of a comprehensive plan, the planning commissionmust 2. hold at least one public hearing. A notice of the time, place,and purpose See LMC information Newspaper memos, of the hearing must be published once in the official newspaper of the Publication in Citiesand municipality at least 10days before the day of the hearing. Zoning Guide for Cities , Section V-C-2-b on conducting a public hearing. d.Vote requirements Minn. Stat. § 462.355, subd. Unless otherwise provided in a city charter, the city council may,by 3. resolution and by a two-thirds vote of all of its members,adopt and amend the comprehensive plan or aportion of the plan.This means that on a five- member council, the comprehensive plan must receive at least four affirmative votes.The one exception is that if the amendment is to permit affordable housing development, a simple majority of all members—or three out of five—is sufficient to amend the comprehensive plan. 3.Procedure for amending a comprehensive plan I-B-2 Adopting See Section In amending a comprehensive plan, cities must follow the same procedure the Comprehensive Plan. for adoption of a new plan. The planning commission must hold at least Minn. Stat. § 462.355, subd. 3. one public hearing on the amendment preceded by published notice. See LMC information memo, Zoning Guide for Cities , Section V-C-2-b on . conducting a public hearing Minn. Stat. § 473.175. Cities in the seven-county metro area must submit all amendments to their Metropolitan Council. comprehensive plans to the Metropolitan Council for review. Minn. Stat. § 462.355, subd. Unless otherwise provided by charteror amendments to permit affordable 3. housing development, all amendments to the comprehensive plan must be approved by a two-thirds vote of all ofthe city council. Minn. Stat. § 462.355, subd. After a city has adopted a comprehensive plan, all future amendments to 3. the plan must be referred tothe planning commissionfor review and comment.No plan amendment may be acted upon by the city counciluntil it has received the recommendation of the planning commission,or until 60 days have elapsed from the date an amendment proposed by the city councilhas been submitted to the planning commissionfor its recommendation. In submitting review and comment to council, the planning commission serves in a strictly advisory role. The city council ultimately decides on the acceptance, rejection, or revision of the plan, and is not bound by planning commission recommendations. League ofMinnesota Cities Handbook for Minnesota Cities10/1/2017 Comprehensive Planning, Land Use and City-Owned LandChapter13| Page 5 RELEVANT LINKS: 4.The 60-Day Rule and comprehensive plan amendments Cities generally have only 60 days to approve or deny a written request I-D-3 on The 60- See Section relating to zoning, including applications to amend the comprehensive Day Rule, also LMC Zoning information memo, plan that are not initiated by the city council or city planning commission. Guide for Cities, Section V- This requirement is known as the “60-Day Rule.” A,The 60-Day Rule. Minn. Stat. § 15.99. The 60-Day Rule is a state law that requires cities to approve or deny a Manco of Fairmont v. Town written request relating to zoning within 60 days,or it is deemed approved. Bd. of Rock Dell Township , 583 N.W.2d 293 (Minn. Ct. The underlying purpose of the rule is to keep governmental agencies from App. 1998). taking too long in deciding land use issues. Minnesota courts have Hans Hagen Homes, Inc. v. City of Minnetrista, 728 generally demanded strict compliance with the rule. N.W.2d 536 (Minn. 2007). 5.Planning commissions Establishing A Planning Cities may provide for a planning commission by adopting an ordinance Commission , LMC Model establishing the commission, its features, powers and duties. Once created, Ordinance. the planning commission can play an important role in city land use Minn. Stat. § 462.355, subd. regulation. The planning commission is vested by state statute with the 1. Minn. Stat. § 462.355, subd. duty of preparing and maintaining the city comprehensive plan. However, 2. the city council also may propose the comprehensive municipal plan and amendmentstothe plan byaresolution submitted to the planning commission.When this occurs, the council may not adopt the recommended language until it has received a report from the planning commission or 60 days have elapsed. See LMC information memo, State statutes prescribe several other mandatory duties for the city Planning Commission Guide . planning commission. City ordinance should be drafted to include these duties. In addition, state statute permits some optional duties to be assigned to the planning commission in the council’s discretion. City ordinance should make it clear which of these optional duties are assigned to the planning commission. Since state statute contains optional duties, general ordinance language stating that commission duties “shall be as established by state statute” may cause confusion over duties and should be avoided. The powers and duties of the planning commission are discussed more extensively in the LMC governing and managing memo Planning Commission Guide. League ofMinnesota Cities Handbook for Minnesota Cities10/1/2017 Comprehensive Planning, Land Use and City-Owned LandChapter13| Page 6 PLANAHEAD COMPREHENSIVE PLAN AMENDMENT REVIEW THROUGH 2018 Now that Thrive MSP 2040 is adopted, what What about changes to our forecasts? does that mean for your comprehensive plan? When we adopted Thrive,wealso adopted 2040 local forecasts of population, households, and As directed by state law, the Council adopted a employment. We are using these adopted forecasts new comprehensive development guide, Thrive for developing the systems and policy plans and MSP2040, in May 2014.We are updating our forecasting future demand for transportation, regional plans for transportation(including transit, and sewer service. Later in 2014, we will aviation),regional parks and open space, and issue and adopt forecasts for 2020 and 2030 water resources. In addition, we are also drafting a consistent with the adopted 2040 forecasts. In new housing policy plan.These system and policy 2015, wewill update regional and local forecasts to plans are scheduled foradoption later in 2014 and reflect current national data and the policies in early 2015. adopted in the Council’s systems and policy plans. We will issue System Statements in the fall of 2015; The System Statements issued in the fall of 2015 andyour community will have until the end of 2018 will include these updated forecasts. to update your comprehensive plan. We recognize Consistent with the timelines above, you may that communities may need to amend their 2030 continue to implement and amend your 2030 comprehensive plans prior to completing their comprehensive plans, whichuse Framework update.This is how we will consider and review forecasts. Some proposed amendments might amendments to your current comprehensive plans: include requests to change your local forecasts. In 1.From now untilearly 2015 when all ofour the time period before System Statements are system and policy plans are adopted, issued in 2015, we will consider revisions to the comprehensive plan amendments will be Thrive forecasted 2040 community totals as part of reviewed under the 2030 Regional our review of those amendments. Examples of plan Development Framework and 2030 system changes that could result in a revision to Thrive plans. forecasts include: 2.From early 2015 (after the adoption of all of the Substantial changes in land supply, planned system and policy plans)until January 1, 2016, land uses, and/or allowable density ranges choose you may to have your comprehensive Substantial changes in the extent of staging of plan amendment reviewed under either: MUSA (or comparable municipal service area) a.The 2030 Regional Development As addressed in Thrive MSP 2040, where 2040 Frameworkand 2030 system plans sewer-serviced households or sewer-serviced –OR– employment are lower than the Framework 2030 forecasts, you may continue to plan for urban b.Thrive MSP 2040and its2040system plans services in those areas that are authorized in your local 2030 comprehensive plan. Please note that amendments under either scenario must not create conformance issues Council staff will assist you in incorporating any with 2040 metropolitan system plans. approvedforecast changes into your 2030 plan. 3.FromJanuary 1, 2016to June 30, 2018, all Questions? comprehensive plan amendments and updates will be reviewed under Thrive MSP 2040 and its If you have questions, please contact your Sector system and policy plans. Representative, or Lisa Barajas, Local Planning Assistance Manager, at 651-602-1895.Weare 4.BeginningJuly 1, 2018, we will no longer happy to explain accept amendments to 2030 comprehensive requirements and answer plans.To be reviewed, an amendment must be any questions. found complete before July 1, 2018. 5.Your2040 comprehensive plan updates are due to the Council by December 31, 2018. Comprehensive Plan Amendment Review Standard Forecast Approach May 28, 2014 Thrive MSP 2040 Comprehensive plan adopted amendments reviewed under 2030 Regional Development Frameworkand 2030 system plans We will consider revisions to 2040 Late 2014 – forecasts adopted with Early 2015 Thriveand 2020/2030 You may choose to Adoption of System forecasts adopted later have amendment and Policy Plans in 2014. We are no reviewed under either: longer revising 2030 Regional Development 2030 Regional Frameworkforecasts. Development Frameworkand its system plans --OR– Thrive MSP 2040 and its system plans Providedthat the proposed amendment does not create Fall 2015 conformance issues with 2040 metropolitan System Statements system plans Issued We will consider revisions to updated Thriveforecasts January 1, 2016 included with System Amendments and Statements updates reviewed under Thrive MSP 2040and its system and policy plans July 1, 2018 We will no longer accept amendments to 2030 comprehensive plans. Allamendments must be found completefor review before July 1, 2018, for the Council to take formal action on the amendment. December 31, 2018 2040Comprehensive Plan UpdatesDue Page -2|METROPOLITAN COUNCIL ROADWAY MAJOR MAINTENANCE FINANCING POLICY REVISED 10/12/09 The following policy sets forth guidelines for the financing of roadway major maintenance projects. (Total reconstruction of streets for the initial upgrade from a bituminous curbed street to a concrete curbed street will continue to be assessed based on the existing policy of calculating the assessment based on the costs to install the concrete curb and gutter.) I. DEFINITIONS A. Benefited Property: Property with frontage (rear, side, or front) along a roadway will be considered to receive benefit from any major maintenance projects. In the low-density residential lots (four or fewer dwelling units), those properties with frontage and an existing access to the roadway will be considered to receive benefit. B. Major Maintenance: For the purpose of this policy, major maintenance will consist of overlays, partial or total reconstruction together with other associated infrastructure repairs, reconstruction and minor extensions. C. Minor Maintenance: For the purpose of this policy, minor maintenance shall consist of pothole patching, crack sealing, seal coating and minor skin overlays. Funding of these maintenance activities are not addressed as part of this major maintenance policy. D. Project Cost: Included in the improvement cost to be assessed shall be the roadway major maintenance activity construction costs incurred to implement the improvements. E. New Construction: Construction of new streets and utilities through development shall be paid for by the landowner or developer. Costs and payment thereof shall be determined under a Developer’s Agreement. F. Land Use Type: The classification of the land use will be based on the property’s current land use – not on what the underlying zoning of the property is. II. COST ALLOCATION The total project cost for major maintenance is to be allocated in accordance with the policy. It is the intention of this policy to allocate cost on a project basis rather than on a street-by-street or block-by-block basis. A. All publicly owned and maintained streets under City jurisdiction 1. Low-Density Residential Lots (those with four or fewer dwelling units) For major maintenance reconstruction of standard residential streets, 50% percent of the project cost of a 30 foot wide standard residential street will be assessed to the area benefited on a per residential lot basis. Residential properties will be assessed for construction on the roadway to which they are addressed. In the event that a residential lot has frontage on two streets and is of sufficient size to split or subdivide, those portions of the lot that front on a second street will be assessed for current projects and may be assessed for future road construction as defined in this policy statement. Each year we will take the actual bid prices and adjust those quantities affected by street width to develop a cost for our “standard” street. For example, only 83.3% of the total cost of asphalt for the reconstruction of a 36 foot wide street will be included in the assessment calculation. (A 30 foot wide standard street divided by a 36 foot wide constructed street width equals 83.3%) Other width affected bid items will be adjusted similarly. The difference will be added to the City costs. For purpose of this assessment policy, only those residential lots with frontage or an existing access to the roadway will be considered to receive benefit. For multiple-unit Low-Density Residential Lots (those with four or fewer dwelling units), the assessment will be at a rate equal to the lesser of the High-Density Residential rate, or the following: 2 Units (duplex): 1.5 times the single-unit residential rate 3 Units (triplex): 2.0 times the single-unit residential rate 4 Units (fourplex): 2.5 times the single-unit residential rate 2. Commercial, Industrial, Manufacturing, Tax Exempt, Institutional, and Medium and High-Density Residential Commercial, industrial, manufacturing, tax exempt, institutional and medium and high-density (more than four dwelling unit) multi-residential frontages will be assessed actual project costs based on the lineal footage of streets being maintained adjacent to front, side, or rear lot sides. For individually owned multi-family structures, this cost will be divided equally between the individual units. Unplatted or vacant commercial, industrial, manufacturing, tax exempt, institutional medium and high-density residential properties will be assessed as described above based upon the land use allowed by the ordinance. III. ASSOCIATED INFRASTRUCTURE REPAIRS Storm Sewer, Sanitary Sewer, Water main, and Concrete Curb and Gutter: 1. The cost for major extension of storm sewer to new areas under major roadway reconstruction will be assessed on a per lot basis. The current per lot assessment will be set by the City Council. 2. The cost of lateral and main storm sewer maintenance and reconstruction within the area where streets are receiving major roadway maintenance will not be included in the project cost to be assessed. 3. The cost of lateral and main sanitary sewer and water main maintenance and reconstruction, and existing concrete curb and gutter repairs within the area where streets are receiving major roadway maintenance will not be included in the project cost to be assessed. IV. FINANCING A. The cost of the roadway major maintenance and related utility improvements will ordinarily be assessed over a period not to exceed 10 years, except for those assessments that are prepaid or deferred. B. The project costs not funded by assessments will be funded from any funding sources as specified by the City Council. C. The assessment rate will be based on the project cost including the rate of interest on bonds sold to finance the project plus expenses. Business Dictionary Popular Terms The individual who provides materials for a construction or renovation project. The material man may receive a mechanic's lien from the owner or builder of the property guaranteeing payment for the materials. The Law Dictionary (Blacks Law Dictionary Online) What is MATERIAL MAN? Provider of construction or renovation project materials. A mechanic's lien from the property owner or builder guaranteeing payment for the materials is typically given to the material man. Merriam-Webster Dictionary Definition of MATERIALMAN plural materialmen : one who supplies materials (as in the building trades) The Free Dictionary by Farlex Financial Also found in: . MATERIAL MEN. This name is given to persons who furnish materials for the purpose of constructing or erecting ships, houses, and other buildings. 2. By the common law material men have a lien on a foreign ship for supplies of materials furnished for such ship, which may be recovered in the admiralty. 9 Wheat. 409. But they have no lien for furnishing materials for repairs of domestic ships. Wheat. 438. 3. In several of the states, laws have been enacted giving material men a lien on houses and other buildings when they have furnished materials for constructing the same. A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. FRIDLEY CHARTER COMMISSION 2018 JANUARY MAY SEPTEMBER S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 1 7 8 9 10 11 12 13 6 7 8 9 10 11 12 2 3 4 5 6 7 8 14 15 16 17 18 19 20 13 14 15 16 17 18 19 9 10 11 12 13 14 15 121 22 23 24 25 26 27 20 21 22 23 24 25 26 16 17 18 19 20 21 22 2018 Charter Commission 28 29 30 31 27 28 29 30 31 23 24 25 26 27 28 29 Meeting Dates 30 FEBRUARY JUNE OCTOBER Meetings Held at 7:00 pm S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 1 2 3 4 5 6 Conference Room A 4 5 6 7 8 9 10 3 4 5 6 7 8 9 7 8 9 10 11 12 13 Fridley Municipal Center 11 12 13 14 15 16 17 10 11 12 13 14 15 16 14 15 16 17 18 19 20 6431 University Avenue NE 18 19 20 21 22 23 24 17 18 19 20 21 22 23 21 22 23 24 25 26 27 25 26 27 28 24 25 26 27 28 29 30 28 29 30 31 Deb Skogen, City Clerk 763-572-3523 MARCH JULY NOVEMBER Deb.skogen@fridleymn.gov S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10 8 9 10 11 12 13 14 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 16 17 18 19 20 21 11 12 13 14 15 16 17 18 19 20 21 22 23 24 22 23 24 25 26 27 28 18 19 20 21 22 23 24 To ensure a quorum, please notify 25 26 27 28 29 30 31 29 30 31 25 26 27 28 29 30 Deb by 10 am on the meeting date APRIL AUGUST DECEMBER S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 No meetings will be held in June, 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 July, August, November and December 22 23 24 25 23 17 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 Unless called by the Chair 30 31