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05-06-2019 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: April 26, 2019 Re: Charter Commission Meeting of May 6, 2019 This is a reminder that the next Charter Commission meeting will be held on Monday, May 6th at 7:00 p.m. at the Civic Campus located at 7071 University Avenue NE in the Fireside Room on the main level of the facility. In order to ensure a quorum, please remember, the Charter Commission policy requires each member to call or e-mail the staff before 10:00 a.m. MONDAY, May 6th. Please contact me at (763) 572- 3523 or at deb.skogen@fridleymn.gov about your attendance. If we do not have a quorum by 10:00 a.m., 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. I did mail out proposed changes to the bylaws. There was one change that I did not include as I did not see the change until I had listened to the entirety of the meeting. I have included a new set of bylaws with the additional change as discussed. On the discussion of Chapter six contracts how let, while we did make a change to allow the city manager to assign a designee, the charter requires the mayor to sign all contracts. Finance Director Dan Tienter has put together a procurement policy and wants to make it consistent with the charter and has discussed this issue with the City Manager. A memo, along with Chapter 6, has been included in your agenda. If you have any other questions or concerns pertaining to this meeting, please contact me. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MAY 6, 2019 7:00 P.M. LOCATION: FRIDLEY CIVIC CAMPUS 7071 UNIVERSITY AVE NE, FRIDLEY, MINNESOTA FIRESIDE ROOM 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: Motion approving the May 6, 2019 meeting agenda 4. APPROVAL OF MINUTES Motion approving the April 1, 2019 meeting minutes 5. ADMINISTRATIVE MATTERS 6. OLD BUSINESS A. Discussion and vote of Bylaw amendments 7. NEW BUSINESS A. Review of Chapter 6 (Dan Tienter, Finance Director) 8., OLD BUSINESS A. Review of Chapter 1 B. Review of Chapter 9 C. Review of Chapter 10 9. FUTURE MEETING TOPICS/COMMUNICATIONS A. 10. ADJOURNMENT Motion to adjourn the meeting Next Regular Commission Meeting Date: TUESDAY September 3, 2019 CITY OF FRIDLEY CHARTER COMMISSION MEETING APRIL 1, 2019 CALL TO ORDER: Chairperson Rolstad called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Kelli Brillhart, Manuel Granroos, Richard Johnston, Ted Kranz, Bruce Nelson, Rick Nelson, David Ostwald, Barb Reiland, Pam Reynolds, Valerie Rolstad, Cynthia Soule and Avonna Starck Members Absent: Commissioners Zach Crandall and Don Findell Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Johnston MOVED and Commissioner Braam seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds, said on Commissioner Reynolds MOVED and Commissioner R. Nelson seconded a motion approving the Charter Commission meeting minutes of March 4, 2019 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS There were no administrative matters. DRAFT CHARTER COMMISSION MEETING OF APRIL 1, 2019 PAGE 2 OLD BUSINESS A.Discussion of Bylaws Under Section II.C., Ms. Skogen said after listening the audio tape, the first paragraph appears to be what the Commissioners were looking for. The second paragraph was written by Ms. Skogen as another alternative. before the five (5) members. Commissioner B. Nelson MOVED and Commissioner Reiland seconded a motion to requested. The amendment reads as follows: etings may be called by the chair. In addition, the chair shall call a special meeting within ten (10) days upon receipt of a written request signed by at least five (5) members. Such special meeting shall require proper notice to the Commissioners and the UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. Under Section V.4. the City Clerk was requested to review the language and recommend changes if needed. Ms. Skogen said she made one small changed to item f which would require the retention of the Commission proceedings as required by the Minnesota Records Retention Act. Upon discussion of the Commissioners and to make it consistent with the rest of the proceedings as required by Minnesota State Law. Commissioner R. Nelson MOVED and Commissioner Ostwald seconded a motion to adopt the language as discussed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. Under Section VI.B. report of such nominations shall be transmitted electronically or by mailed to each member at least ten (10) days before the annual meeting. Commissioner Soule MOVED and Commissioner Reiland seconded a motion adopting the amended as proposed. DRAFT CHARTER COMMISSION MEETING OF APRIL 1, 2019 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. Ms. Skogen will incorporate the changes into the bylaws for a vote at the next meeting. Commissioner Soule said the Commission had also discussed adding the electronically or by mail to Section IX. A. pertaining to notifying the commissioners regarding the proposed amendment. Commissioner Reiland MOVED and Commissioner Reynolds seconded a motion to adopt the UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED. NEW BUSINESS A.Chapter 1 There was a brief discussion about the possibility of changing some wording but after reading the first paragraph, which referred to the Village of Fridley, it was determined no language changes would be made. It was suggested that the date of the charter certification and reviewal dates be added to the end of Chapter 1. Commissioner Soule asked if the original charter could be scanned and incorporated onto the web with the other sections of the charter. Ms. Skogen said she would have that done. B.Chapter 9 Ms. Skogen said this Chapter is only one sentence long, but it provides the authority to the MN Statutes. Commissioner Brillhart wondered why her electronic copy was different. She will forward a copy to Ms. Skogen for review. changed to read Minnesota state law. Ms. Skogen said it would be up to the Commission, but it would require Council approval. DRAFT CHARTER COMMISSION MEETING OF APRIL 1, 2019 PAGE 4 Commissioner Brillhart stated her copy has definitions on the page. She suggested they determine whether or not they are necessary if the charter refers to the Statute. state statute to provide to Commission at next meeting. The Commissioners wondered if eminent domain had been used. They thought it was done with Christian Crossings, Medtronic, and possibly Gateway East. Commissioner Brillhart thought the definition of eminent domain added a little clarity to the information which would help people understand what eminent domain was. C.Chapter 10 Ms. Skogen said the federal regulations take precedent over the Charter and state law. The City Charter does help the City benefit to recoup the costs of city attorney fees accrued during the franchise discussions. When the City was in discussion with CenturyLink, CenturyLink had to pay for all of our city attorney expenses related to the franchise discussions. It was recommended by the Commissioners that Ms. Skogen contact the attorney representing the City to see what his recommendation on this chapter might be. Ms. Skogen will also provide the state and federal information to the Commissioners by email. Commissioner Ostwald wondered if 25 years was too long for a franchise agreement since technology is changing so much. Ms. Skogen said she thought the next term was for 10 years. Commissioner Kranz wondered what would happen if a City Council member would own stock in one of the companies providing these services. Ms. Skogen said they would have disclose their ownership and would have to recuse themselves from the vote. Commissioner Nelson wondered if the Council actually did the negotiations. Ms. Skogen said staff and attorney have done the negotiations and brought the information to the Council throughout the process to keep them informed. The Council ultimately has the final say by their approval by ordinance. Commissioner Reynolds said the Charter Commission used to fix rates, and then it stopped. There was also something expressed about not having a monopoly. DRAFT CHARTER COMMISSION MEETING OF APRIL 1, 2019 PAGE 5 Commissioner Soule wondered if there might be other types of franchises. Commissioner Nelson said the City could be more restrictive, but not less restrictive. Ms. Skogen said she was not sure how that worked under federal law. Ms. Skogen will also provide a copy of Chapter 405A, the current franchise agreement for their reference. FUTURE TOPICS 1.Bylaw amendments 2.Discussion of Section 6.05 contracts how let as requested by Finance Director pertaining signatory authority City policy 3.Chapter 9 4.Chapter 10 ADJOURNMENT: Commissioner Starck MOVED and Commissioner Brillhart seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ROLSTAD DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:02 P.M. Respectfully submitted, Debra A. Skogen, MMC City Clerk/Staff Liaison Commissioner Bruce Nelson, Secretary DRAFT FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Proposed 04-01-2019 I. NAME -- the name of the organization shall be the Fridley Home Rule Charter Commission. II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to meet the needs of the residents of Fridley. III. MEETINGS A. Commission meetings will be held in the Fridley Municipal Center; or a designated public location upon proper notice. B. The annual meeting shall be held in March of each year. The election of officers shall take place at the annual meeting. C. Special meetings may be called by the chair.; or, In addition, the chair shall call a special meeting within ten (10) days, upon receipt of a written request signed by at least five (5) members., shall, within ten (10) days, call a Such special meeting shall require upon proper notice to the commissioners and the public. D. A quorum to conduct business shall be determined according to the following schedule: Number of Appointed Charter Commission Members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 E.Except as provided in these by-laws, all meetings shall be governed in accordance with F.The time of the meeting shall be called by the chair. If there is not a quorum within ten minutes after the meeting time is to commence, the members shall be dismissed. However, if the chair felt there was important business to be addressed, the chair would have the discretion to ask members to stay longer, but may not exceed an additional 10 minutes past the specified time. IV. MEMBERSHIP -- The membership of this organization shall be 15 members. A. All members shall be expected to attend all meetings. If unable to attend, the member shall inform either the chair or the secretary as to the reason. Approved Bylaws 05/07/2018 Page 2 B. Any member missing three (3) consecutive meetings without an adequate excuse, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the Court, supporting by two-thirds (2/3) of the Commission members present and voting. V. OFFICERS A. Election of Officers. 1. The officers of this organization shall be a chair, vice chair and a secretary. 2. The chair, vice chair and secretary shall be elected from the membership of the Commission. 3. The chair, vice chair and secretary shall be elected at the annual meeting. No officer shall serve more than two consecutive terms in the same office. 4. All officers shall begin their terms of office upon election to that office. 5. Election to vacant offices shall be made from the floor at the next meeting following the meeting at which the vacancy is declared. 6. Officers of this organization shall be declared duly elected by a simple majority vote of those present and voting. Any contested race for an office shall be done by a written ballot. The acting chair will ask for a teller committee of two (2) to count the ballots. B. Duties of Officers and City Staff Liaison. 1.The chair shall have the following responsibilities: a.to call all regular and special meetings; b.preside at all meetings; c.set the agenda; d.implement the decisions of this Commission; and e.participate in all Commission decisions as a voting member. 2. The vice chair shall assist the chair in the performance of these duties. In the event the chair is unable to perform these duties, the vice chair shall discharge such duties. 3.The secretary shall be responsible for: a.keeping an accurate record of attendance; b.recording of minutes at all meetings; c.distributing minutes to members within a reasonable time d.giving notice to members who have missed two (2) consecutive Approved Bylaws 05/07/2018 Page 3 meetings pursuant to Article IV, Section B, of the By-Laws; e.transmitting all correspondence and related resource material concerning this Commission to the city clerk for retention; and f.presiding at meetings in the absence of the chair and vice chair. 4.The city staff liaison shall be designated by the city clerk and serve as a recording secretary at all meetings of the Charter Commission. The liaison, with the direction of the secretary, will have the following responsibilities. a.serve in an advisory capacity at all meetings as a non-voting member; b.assist the Commission by providing research information as requested by Officers; c.accurately record attendance and minutes of all meetings; d.distribute minutes and notices of upcoming meetings with proposed agenda in a timely manner; e.prepare proposed Charter changes for submission to the City Council; and f.submit retain records of Commission proceedings as required by Minnesota state law to the City Clerk for retention. VI. COMMITTEES A.The chair shall have the power to create committees, appoint members and designate chairs of those committees. B. In January of each year the Chair shall appoint a nominating committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. A written report of such nominations shall be transmitted electronically or by mailed to each member at least ten (10) days before the annual meeting. VII. VOTING A. A majority vote of members present shall be sufficient to pass motions and resolutions except as provided elsewhere. B. There shall be no secret votes, other than contested election(s) of officers. VIII. ORDER OF BUSINESS 1. Call to Order by the Chair. 2. Roll Call. 3. Approval of Agenda 4. Approval of Minutes. 5. Administrative Matters. Approved Bylaws 05/07/2018 Page 4 6. Old Business. 7. New Business. 8. Future Meeting Topics 9. Adjournment. IX. AMENDMENT A. These by-laws can be amended at any regular meeting of the Commission by a two- thirds (2/3) vote of those present, provided that the amendment has been submitted in writing to the members at least two (2) weeks before the vote on the amendment. To: Fridley Charter Commission From: Deb Skogen, City Clerk Dan Tienter, Finance Director Date: April 24, 2019 Re: Reviewal of Charter Chapter 6, Section 6.05 Purchase and Contracts At the end of the last meeting I asked the Charter Commissioner if they would be interested in having Dan Tienter, Finance Director, address the group to discuss the purchasing policy he has been working and how it relates to Section 6.05. If you read the last sentence of Section 6.05: 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 If you are reading this section, it would have you believe every instrument of every kind requires That language is overly broad and administratively burdensome. While this section was amended in 2016 during the review of Chapters 6 and 7, it should be reviewed again for clarification and consistency with the idea in mind of funneling administrative tasks to the city manager or their designee, similar to the budget process. Staff believes any contract or agreement approved by the City Council, (i.e., bonds, joint powers agreements, cost sharing agreements, award of bids set by statutory limitations or requirements, or not approved during the budget process) should be signed by the mayor. The mayor would have knowledge and understanding of the contract and would sign on behalf of the City. All other documents would be executed by the city manager or their designee. Past practice in the City is to have the mayor sign contracts and agreements that have been approved by the City Council or anything consistent with statutory requirements. Because of how the budget is approved, as we discussed during Chapter 7, the city manager, or designee, has been able to procure and sign contracts. th Dan Tienter will be at the Commission meeting on May 6 to provide additional information and answer any questions you may have. FRIDLEY CITY CHARTER CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the Council solely on the basis of training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the council at any regularly scheduled meeting provided at least three (3) members of the Council vote for the removal. (Ref. Ord. 790, Ord. 857) Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. The 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 ensure the City Charter, laws, ordinances and resolutions of the City are enforced; (b) To appoint all city employees on the basis of qualification and experience and provide written notice of such actions to the City Council; (c) To remove any 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. The 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 submit the annual budget to the City Council; (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. 02/22/2016 Fridley City Charter Chapter 6 Section 6.07 Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create offices, departments, divisions and bureaus for the administration of the City's affairs. It may alter the powers and organization of the same. It may enact, in the form of an ordinance, an administrative code for the City and may amend the same. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and other officers subordinate to the City Manager as the Council may provide for by ordinance, resolution or established by law. These officers shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and general administration of the City's affairs as shall be ordained by the Council. 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 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. 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. 6.06. 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, 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. Section. 6.07. FURTHER PURCHASE REGULATIONS. Further regulations for the making of bids and the letting of contracts may be made by ordinance, subject to the provisions of this Charter. 02/22/2016 FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. 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 or 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; 10/05/89 Fridley City Charter Chapter 1 Section 1.02 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, 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 1 Section 1.04.4 Section 1.03. CHARTER, A PUBLIC ACT. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen (15) days from and after its adoption by the voters. Section 1.04. DEFINITIONS. 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. (Ref. Ord. 857) 10/05/89 FRIDLEY CITY CHARTER CHAPTER 9. EMINENT DOMAIN Section 9.01. SET FORTH BY STATUTES OF THE STATE OF MINNESOTA. The City of Fridley shall have the power of Eminent Domain as set forth by the Statutes of the State of Minnesota. 10/05/89 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) 10/05/89 Fridley City Charter Chapter 10 Section 10.06.6 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. 10/05/89 Fridley City Charter Chapter 10 Section 10.09 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) 10/05/89