CHM 02/26/2001 - 00027191CITY OF FRIDLEY
CHARTER COMMISSION MEETING
February 26, 2001
CALL TO ORDER:
Vice Chairperson Gordon called the meeting to order at 7:01 p.m.
ROLL CALL:
Members Present: Don Findell, Craig Gordon, Harry Heck, Carter Hendricks, Nancy Jorgenson,
Maynard Nielsen, Regina Querimit (7:18 p.m.), Cindy Soule and
Francis Van Dan (7:05 p.m.)
Members Absent: Suzanne Alvite' Warren, Char Fitzpatrick, Bill Holm, Deborah Monden
Others Present: Deb Skogen, City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Vice Chairperson Gordon requested that the agenda be changed in include item B under Administrative
Matters for introductions of the new members.
Commissioner Soule MOVED and Commissioner Hendricks seconded a motion to approve the agenda as
amended.
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON GORDON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
APPROVAL OF JANUARY 29, 2001, CHARTER COMMISSION MINUTES:
Commissioner Jorgenson requested that the minutes be corrected to reflect the correct spelling of her name
in the first line, first paragraph under Discussion of Charter Amendment to Chapter 7.
Vice - Chairperson Gordon requested that the sentence, " Mr. Eisenzimmer again stated that as the
amendment was currently written he did not support it due to the singling out of the small business owners
of the community." be added to the second to the last paragraph on page 3 under discussion of the Charter
Amendment.
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON GORDON DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
A. Report of the Nominating Committee
Adopted March 26, 2001
CHARTER COMMISSION MEETING OF FEBRUARY 26, 2001 PAGE 2
Vice - Chairperson Gordon received a report from Bill Holm of the recommendations of the Nominating
Committee for officers for the next year. The recommendations of the Committee were the nominations
of Commissioner Gordon as Chairperson, Commissioner Findell and Vice - Chairperson and
Commissioner Monden as secretary.
Commissioner Jorgenson MOVED and Commissioner Hendricks seconded a motion to receive the
Nominating Committee Report.
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON GORDON DECLARED
THE MOTION CARRIED UNANIMOUSLY.
B. Introduction of New Commission Members
Vice - Chairperson Gordon welcomed the three new Commissioners, Nancy Jorgenson, Harry Heck and
Carter Hendricks to the Commission. Introductions of all Commissioners was made at this time.
2. DISCUSSION OF CHAPTER 8 - PUBLIC IMPROVEMENTS AND SPECIAL
ASSESSMENTS
Commissioner Soule said the changes to Chapter 8 were suggested due to changes in state law and to help
the public works department in performing their job. She suggested that the language be changed to reflect
the state statutes because the change in the dollar amounts should be changed to reflect the recent changes
in state law.
Commissioner Jorgenson concurred that the charter should be changed to refer to state law. She said there
was legislation proposed pertaining to special assessments and reviewed the bid process.
There was a question on the definition of what a "responsible bidder" was and a suggestion to remove the
words from the Charter.
Commissioner Hendricks wondered if you could use the language qualified bidder.
Commissioner Jorgenson said you might not know whether someone were a qualified bidder or not. She
said the bidders have to post a performance bond with the city with their bid. The City keep the bond of the
qualified bidder and would use that bond should there be any difficulties. She used the example of a
minority contractor who received the low bid, but did not have the necessary equipment to perform the job.
Commissioner VanDan wondered what mechanism might be available to help a minority bidder or other
bidder to determine what the specifics are the city would require and whether or not the SBA might be
available to help them acquire the machinery or equipment needed to perform the job.
Commissioner Jorgenson said the Public Works Department did try to work with this specific contractor,
but after that project they may have fine -tuned the bid specifications for future projects.
Commissioner VanDan wondered if a list of qualified bidders could be available that was based on past
experience of the city or from other communities that could be used when bidding on projects.
Commissioner Querimit wondered if there was some criteria defined as to what qualified was.
Commissioner Jorgenson thought there might be, but she did not know if there was a list available or not.
Adopted March 26, 2001
CHARTER COMMISSION MEETING OF FEBRUARY 26, 2001 PAGE 3
Ms. Skogen said that there has been a question from time to time about what the "lowest responsible"
bidder is and has gotten an opinion from the city attorney. If the lowest bidder cannot perform the contract
as specified, they are not a responsible bidder. If they have not put everything into their bid that you have
asked for, or if they have missed one item, they are not a responsible bidder which can disqualify them.
Commissioner Findell noted Columbia Heights Charter made specific reference to MN State Statutes.
Commissioner Soule said it was a question of whether the Charter Commission wants the Charter to be
more restrictive than state statutes or to follow the statutes.
Commissioner Jorgenson said the Fridley Charter should encompass the feelings of the community. She
said the Columbia Heights Charter addressed the cost of special assessments and the value of the project
and properties.
Commissioner VanDan felt that "lowest responsible bidder" was inadequate terminology, because it was so
open to interpretation. He suggested either referring to state statute or making some type of reference to a
qualified bidder.
Commissioner Querimit felt the city should not be more rigid than the state and preferred to refer to the
state statutes in the language.
Commissioner VanDan suggested the following language in Section 8.05.2: "the minimum qualification of
bidders should conform to the state statutes."
Commissioner Jorgenson noted the Columbia Heights Charter (Chapter 6, Section 57) referred to the
Uniform Municipal Contracting Law (UMCL) of the State of Minnesota as to how contracts were let.
Commissioner Soule said the Fridley Charter, Section 6.06 refered to how contracts are let. She wondered
if Commissioner VanDan also would like to have this section changed to refer to qualified.
Commissioner Hendricks noticed that the other charter examples all cited lowest responsible bidder and
that Minnesota Statutes referred to lowest responsible bidder, and wondered if it should be changed.
Commissioner Findell said several of the other examples, i.e., Blaine and Anoka, also referenced the
UMCL but they also referenced a specific statute.
Ms. Skogen suggested not referencing a specific section of the state statute as it changes and the Charter
would have to be amended to reflect those changes.
Commissioner VanDan said that was why she was trying to be as generic as possible by only referencing
the state statutes.
Commissioner Jorgenson thought the name of the UMCL might stay the same, however, the section may
change.
Commissioner Van Dan suggested the following language in Section 6.06: "... When a bid is required, it
shall be let to the lowest fespensiblc who is qualified in accordance with Minnesota State Statutes as
determined by the Council... " And suggested the following language for Section 8.05.2: "... All contracts
Adopted March 26, 2001
CHARTER COMMISSION MEETING OF FEBRUARY 26, 2001 PAGE 4
shall be let to the lowest fespensiblc bidder who is qualified in accordance with the Minnesota State
Statutes buA the . The term "lowest responsible bidder" shall be..."
Commissioner Soule said that the Commission had been looking at the entire section when making changes
and wondered if they should review all of Chapter 6 at a later date. She said that John Flora had also
recommended changing the word construction to public works and suggested making those changes to
Section 8.05.2 at this time. The Commissioners agreed
Commissioner Jorgenson said that Chapter 429 of the MN State Statutes referred to a bidder as the "lowest
responsible bidder" and felt it should be left in. After further discussion and review of the state statutes, it
was determined to leave the word "responsible" in the charter. The language was changed as follows:
Section 6.06: "...When a bid is required, it shall be let to the lowest responsible who is qualified in
accordance with Minnesota State Statutes as determined by the Council... "
Section 8.05.2: "The right is reserved to the city council, upon the recommendation of an engineer, acting
through the ^„r�� public works department, to bid on any work to be let by the contract. All
contracts shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State
Statutes. buA the The term "lowest responsible bidder" shall be interpreted as giving the City... "
Commissioner Jorgenson suggested looking at the language changes suggested by John Flora and referred
back to Section 8.01. She recommended taking out the word village and adding the words comprehensive
plans.
Commissioner Soule mentioned there had been questions about the differences between zoning and
comprehensive plans. Commissioner Jorgenson explained the differences and said that a comprehensive
plan by MN State Statutes overrule zoning plans. She said the council could change the zoning code,
however the comprehensive plan was a long process that needed regional approval, not just city approval to
change.
After further discussion, Section 8.01 should read as follows: The present Village zoning and
comprehensive plans shall be the plans for future physical development of the City. Stieh Plans may be
altered from time to time. To alter s}t& 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 zoning, for the platting and development of new areas, for the planning and location
of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public
facilities, and for laying out, gang improving of streets and public places as well as fer all other matters
which may seem essential to such a plan.
3. DISCUSSION OF CHAPTER 9 - EMINENT DOMAIN WAS TABLED
4. CONSIDERATION OF ITEMS FOR FUTURE DISCUSSION
An election of officers will be held at the next meeting and discussion of Chapter 8 will continue. Vice -
Chairperson Gordon reminded the Commissioners that the public hearing on the charter amendment would
be held at the next City Council meeting on March 5.
ADJOURNMENT:
Adopted March 26, 2001
CHARTER COMMISSION MEETING OF FEBRUARY 26, 2001
Commissioner Querimit MOVED and Commissioner Hendricks MOVED to adjourn the meeting.
PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON GORDON DECLARED THE
MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:35 P.M.
Respectfully submitted,
"9402011)-
Debra A. Skogen
City Clerk/Staff Liaison
Deborah Monden, Secretary
Adopted March 26, 2001