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CHM 02/05/18 CITY OF FRIDLEY CHARTER COMMISSION MEETING FEBRUARY 5, 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, Richard Johnston, Ted Kranz, Bruce Nelson, Rick Nelson, David Ostwald, Barb Reiland, Pam Reynolds, Valerie Rolstad, Cindy Soule Members Absent: Commissioners Zach Crandall, Manny Granroos, and Avonna Starck Others Present: Deb Skogen, City Clerk/Staff Liaison Jim Kosluchar, Public Works Director Kelli Brillhart APPROVAL OF AGENDA Commissioner Rolstad MOVED and Commissioner Braam seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds request the following corrections to the minutes: rd Page 3, 3 paragraph: “…was unsure about that what that had…” th Page 3, 10 paragraph: “…comprehensive plan was completed…” th Page 4, 6 paragraph, “ Commissioner Reynolds asked what “to meet constitutional requirements…” th Page 4, 7 paragraph: “Commissioner Reynolds...” th Page 4, 9 paragraph: “MOVED and Commissioner Soule seconded a motion that staff provide information about what was meant “to meet constitutional requirements”… Commissioner Braam MOVED and Commissioner Rolstad seconded a motion approving the Charter Commission meeting minutes as corrected of January 2, 2018. ADOPTED APRIL 2, 2018 CHARTER COMMISSION MEETING OF FEBRUARY 5, 2018 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A.Vacancy – Interview of Ms. Kelli Brillhart Chairperson Ostwald said thank you to Ms. Kelli Brillhart for applying to the position and asked if anyone had any questions. Hearing no questions, Mr. Ostwald asked if Ms. Brillhart had any questions. Ms. Brillhart expressed her thanks. She had read the charter and it was a great educational experience. She wondered how issues were brought to the table for discussion. Chairperson Ostwald said the Commission reviewed the charter by chapters, and reviewed issues that are brought to the Commission from staff or the public. Ms. Skogen stated sometimes new legislation is adopted that is more restrictive than the charter and amendments may be necessary. Commissioner Findell said the charter should be a document that the public understands so their mission is to try to make changes without changing the intent of the charter to make it more understandable. Commissioner Soule said some sentences are too long so they have numbered or bulleted some of the items. After further discussion, Commissioner Rolstad MOVED and Commissioner Reiland seconded a motion recommending staff to send a letter to the Chief Judge recommending the appointment of Kelli Brillhart to the vacant term left by Commissioner Walch. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. B.Update on Chapter 7 Ms. Skogen reported the amendment by ordinance to Chapter 7 had received a second reading nd and was published on February 2. The ordinance becomes effective the first week of May. C.Nominating Committee Report Chairperson Ostwald reviewed the Nominating Committee Report with the Commissioners. The Nominating Committee is recommending the nomination of the following individuals as officers for 2018-19: David Ostwald for Chair, Valerie Rolstad for Vice Chair and Bruce Nelson for Secretary. ADOPTED APRIL 2, 2018 CHARTER COMMISSION MEETING OF FEBRUARY 5, 2018 PAGE 3 Commissioner Findell MOVED and Commissioner Johnston seconded a motion accepting the Nominating Committee report. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. OLD BUSINESS A, Discussion of Chapter 8 Chairperson Ostwald explained Jim Kosluchar, Public Works Director, was present to answer any questions the Commissioners may have about this section of the charter. Ms. Skogen provided several definitions of “material man” from their last discussion for Section 8.05.2. The “Black’s Law Dictionary” does recognize material person and the definition is for workers/laborers and supplies. She said it is common contract language. Mr. Kosluchar said it was old terminology that was removed from state law. They now reference M.S. 574.76 which legislates the construction bond and requirements. He said “material man” was often in contracts. Material man was unique in that workers would bring labor to the location and this language was in the contract to ensure they got paid. After some discussion about terminology of material man, Commissioner Nelson MOVED and Commissioner Rolstad seconded a motion that in Section 8.05.2 last sentence be amended to read, “The City shall require contractors to furnish proper bonds for the protection of the City in accordance with Minnesota state law. , the employees and material person.” UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. Ms. Skogen asked Mr. Kosluchar if there were any glaring issues he saw with the language in this Section. Mr. Kosluchar wondered what constitutional requirements meant and what it might reference in Section 8.04. Commissioner Reynolds thought it might be the Minnesota Constitution. Ms. Skogen was asked to research the issue and provide more information at the next meeting. Mr. Kosluchar also questioned sentence 3 in Section 8.05.1, “The award of any contract amounting to more than what is allowable under MN state statures.” He was not aware of a state statute that limited the amount of a contract. After a brief discussion Ms. Skogen was asked to research this issue to provide additional information at the next meeting. ADOPTED APRIL 2, 2018 CHARTER COMMISSION MEETING OF FEBRUARY 5, 2018 PAGE 4 Commissioner Reynolds asked about the petition process in Section 8.04. Mr. Kosluchar said there appeared to be two procedures to initiate a special assessment in this section. One procedure would allow the City Council to initiate and proceed with a project with a 4/5 vote and is consistent with Chapter 429. The second procedure may not be consistent with Chapter 429 but may set a higher bar for the citizens. This section would allow for citizens to petition for a project with a majority in favor of the project, but state law does not mandate a majority in a petition. But, if you had a majority of petitioners request the project, the City Council needs to hold a public hearing on the project. After the Council received the petition they could subsequently deny the request, if less than a majority, or initiate the project with a simple majority. Commissioner Reynolds said historically that was how projects were initiated when the city was young. Mr. Kosluchar said developers could also do this by petition, as they would be the only owner and would consist of a majority. Commissioner Findell asked Mr. Kosluchar about the Roadway Policy. Mr. Kosluchar said the City is looking at updating the Roadway Major Maintenance Financing Policy. He said the policy helps outline how calculations for special assessments for roadways are made. Roadways are the projects the City has been consistently assessing for. He said the City could, and has in the past, assess for storm water and sanitary sewer extensions as well. He said at this time when rehabilitation of water and sewer is completed, it is not assessed. After further discussion Commissioner Rolstad MOVED and Commissioner Reiland seconded a motion requesting staff to draft changes to clarify the language in Section 8.04 on how special assessment projects are initiated. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE MOTION CARRIED. The Commissioners discussed the changes to the Charter as to how many votes were needed for a special assessment and how it had changed over the years from five to 4/5. It was most likely changed due to changes in state legislation. The Commissioners discussed “best value bid for a contract. Section 6.06 of the charter was amended allowing for best value bidding. In this section of the Charter, state law is referenced, therefore best value bidding would be allowed. Commissioner Reiland asked questions about punctuation. Based on that discussion, Commissioner Reiland MOVED and Commission Rolstad seconded a motion to remove the comma in Section 8.05.1. as follows: “Public works including all local improvements, may be…”. ADOPTED APRIL 2, 2018 CHARTER COMMISSION MEETING OF FEBRUARY 5, 2018 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAPIRPERSON OSTWALD DECLARED THE MOTION CARRIED. The Commissioners thanked Mr. Kosluchar for attending and answering their questions. Commissioner Reynolds was concerned there was no direction on how to alter the comprehensive plan. After further review, the Commissioners determined they would discuss this issue at the next meeting. The Commissioners briefly discussed the differences between the comprehensive plan and zoning and what was included in Section 8.01. Ms. Skogen asked if they would like to have staff prepare language for them to review at the next meeting. The Commissioners said no they would review and discuss it at the next meeting. Ms. Skogen said if anyone had any suggested changes or comments, they should provide them to her prior to the next meeting. FUTURE AGENDA ITEMS Administrative Matters Reappointment of Commissioner Kranz Election of officers Bylaws review Old Business Continued discussion of Chapter 8 ADJOURNMENT: Commissioner Kranz MOVED and Commissioner Soule 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 8:22 P.M. Respectfully submitted, Debra A. Skogen, MMC, City Clerk/Staff Liaison Commissioner Manuel Granroos, Secretary ADOPTED APRIL 2, 2018