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CHA 02/02/2015 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: January 28, 2015 Re: Charter Commission Meeting of February 6, 2015 This is a reminder to you that the next Charter Commission meeting will be held on Monday, nd February 2 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 a member to call or e-mail me before 10:00 a.m. Monday, February 2nd, as to whether or not you plan on attending the meeting. You may call or e-mail me at (763)572-3523 or deb.skogen@fridleymn.gov whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. The Commission has been discussing Chapter 6 for the past two meetings. I have provided information on the proposed changes to the city manager duties and to the purchases and contracts to the city manager and city council for their comments and concerns. As of today, the city manager is on board with your recommended changes and sees no issues. While the council has been provided the information, they have not provided any comments or concerns about any of the information. . Please let me know if you need any additional information prior to the meeting. CITY OF FRIDLEY CHARTER COMMISSION A G E N D A MONDAY, February 2, 2015 7:00 P.M. ====================================== LOCATION:Fridley Municipal Center Conference Room A Upper Level 1.CALL TO ORDER: 2.ROLL CALL: 3.APPROVAL OF AGENDA: 4.APPROVAL OF MINUTES January 6, 2015 5.ADMINISTRATIVE MATTERS A.Nominations Committee report B.Vacancy and Reappointment of commissioners terms expiring in 2015 6.OLD BUSINESS A.Review of Chapter 6 7.NEW BUSINESS A.Review of Chapter 10 (Motion to Remove from Table) 8.FUTURE MEETING TOPICS/COMMUNICATIONS 9.ADJOURNMENT Next Regular Commission Meeting Date: Monday, March 2, 2015 Conference Room A Upper Level Item4 CITY OF FRIDLEY CHARTER COMMISSION MEETING JANUARY 6, 2015 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7.02 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Marion Flickinger, Manuel Granroos, Rick Nelson, David Ostwald, Barb Reiland, Lois Scholzen, Cynthia Soule, and Richard Walch Members Absent: Commissioners Peter Borman, Donald Findell, Carol Hoiby, Ted Kranz, Novella Ollawore, and Pam Reynolds, Others Present: Deb Skogen, City Clerk/Staff Liaison Moranda Zimmer, City Management Intern APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Soule seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Scholzen pointed out a grammatical error under new business, section B. The error was suggested to be changed from she to saw. Commissioner Braam MOVED and Commissioner Flickinger seconded a motion approving the Charter Commission meeting minutes of December 1, 2014, as amended. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Appointment of Nominations Committee Commissioner Nelson appointed Barb Reiland, Cynthia Soule, and Lois Scholzen. Ms. Skogen reminded the Committee members the report was due at the next meeting. CHARTER COMMISSION MEETING OF JANUARY 6, 2015 PAGE 2 B. Status of Terms Ending in 2015 Commissioner Nelson asked which commissioner terms would expire in 2015. Ms. Skogen stated the terms for Commissioners Reynolds, Borman, and Hoiby would expire. Ms. Skogen suggested asking them if they would like to continue to serve. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. OLD BUSINESS A. Review of Chapter 6 Commissioner Granroos MOVED and Commissioner Reiland seconded a motion removing Chapter 6 from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. Commissioners expressed concern with Section 6.02, the City Manager. These concerns were dealing with approval of the Council pertaining to employee hire and fire. Ms. Skogen will be checking with city code to bring to February meeting. should read as followsTo attend all meetings of the Council, with the right to take part in the discussions but having no vote; as an ex-offico member of the council. Edits were made to Section 6.04 Subordinate Officers. t was suggested the word City Attorney be removed from the first sentence. After further discussion it was suggested to change the first sentence to read as follows, There shall be a city clerk, city treasurer and other officers subordinate to the city manager as the council may provide by ordinance, resolution for established by law. Commissioners discussed changes in Section 6.05 Purchases and Contracts. They recommended the language read as follows, City. All purchases on behalf of the city shall be made, and all contracts shall be let by the City Manager. Provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount state in the State Statures. 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 The Commissioners began discussing Section 6.06 Contracts, How Let, but decided more information was needed. Ms. Skogen was asked to do additional research by discussing with the CHARTER COMMISSION MEETING OF JANUARY 6, 2015 PAGE 3 City Manager the current process or practices being for contracts and purchases. This information will be provided at the February meeting. Commissioners briefly touched on Section 6.07 Further Purchase Regulations, but asked Ms. Skogen to review the City Code in relation to this section. This information will be provided at the February Meeting. NEW BUSINESS Commissioner Flickinger MOVED and Commissioner Granroos seconded a motion for Review of Chapter 10 to remain on the table for February meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. FUTURE METTING TOPICS/COMMUNICATIONS The agenda for the next meeting shall include the following: Administrative Matters Nominations Committee report and the reappointment of commissioner terms expiring in 2015. Old Business - Review of Chapter 6 New Business Chapter 10. ADJOURNMENT: Commissioner Soule MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:06 P.M. Respectfully submitted Debra A. Skogen City Clerk/Staff Liaison Donald Findell Secretary Item5A ‰ C©z7Œ;ä /w©·;© /š’’z­­zš“ bš’z“·z“m /š’’z··;; w;¦š©· w; C©z7Œ;ä /w©·;© /š’’z­­zš“ “š’z“·z“m -š’’z··;; ’;;· Ýz  - u ‘; “š’z“·; ·w; EšŒŒšÞz“m z“7zÝz7ÒŒ­ ·š ­;©Ý;© ­ šEEz-;©­ Eš© ·w; “;ã· ä; “7 ·w“‰ ·w;’ Eš© ·w; ÞzŒŒz“m“;­­ ·š ­;©Ý;©u /wz© t’ w;䓚Œ7­ z-; /wz© wz-w©7 ‘Œ-w {;-©;·©ä 5š“Œ7 Cz“7;ŒŒ w;­¦;-·EҌŒä ­Ò,’z··;7 r /䓷wz {šÒŒ;r .©, w;zŒ“7r “7 [šz­ {-wšŒé;“ Item5B Skogen, Deb From: Skogen, Deb Sent: Wednesday, January 14, 2015 8:03 AM To: 'Carol Hoiby' Subject: RE: Expiration of Charter Commission term Sorrytohearthat,butcertainlyunderstand,thanksforlettingmeknow. Deb Skogen From: Carol Hoiby [mailto:carol.hoiby@centurylink.net] Sent: Tuesday, January 13, 2015 10:59 PM To: Skogen, Deb Subject: Re: Expiration of Charter Commission term Hi Deb, I am thinking that I would not like another four year term. I have been on the commission for along time and I think it is time for me to let someone else have a run at it. Carol From: "Deb Skogen" <Deb.Skogen@fridleymn.gov> To: "Peter Borman" <Peter_Borman@cable.comcast.com>, "Carol Hoiby" <carol.hoiby@centurylink.net>, "Pam Reynolds" <fnpam@hotmail.com> Sent: Monday, January 12, 2015 8:19:51 AM Subject: Expiration of Charter Commission term AtthelastCharterCommissionmeetingtheCommissionersaddressedtermsexpiringin2015.Therearethreemembers whosetermsexpirein2015: PeterBorman‘112415 CarolHoiby‘050115 PamReynolds‘050115 ItiswassuggestedthatIcontactyoutofindoutifyouareinterestedinservinganotherfouryearterm.Ifyoucouldlet meorRickNelsonknow,thatwouldbegreat.Thetermexpirationswillbediscussedatthenextmeeting,alongwiththe NominationsCommitteereport. Thanks. Deb Debra A. Skogen, MMC CityClerk,CityofFridley 6431UniversityAvenueNE Fridley,MN55432 7635723523 deb.skogen@fridleymn.gov Fax:7635024981 1 Item6 DRAFT 01-06-1-54 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. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council,tThe City Manager shall control and direct the administration of the City's affairs subject to the provisions of this Charter and other regulations adopted by the City Council. The City Manager's powers and duties shall be: (a) To enforce this ensure the City Charter, and the laws, ordinances and resolutions of the City are enforced; (b) To appoint with the consent and approval of the Council all subordinate officers and employees with the consent and approval of the Council; (c) To remove any subordinate officer or employee, provided that the Council is notified; ((b) & (C0 should be consistent) (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- official member of the city council but having has no vote;. but tThe Council may at its DRAFT discretion exclude the City Manager from meetings at which the City Manager's removal is considered; (f) To recommend to the Council, for adoption, such measures as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised as to the financial condition and needs of the City, and to prepare and to submit to the Council the annual budget to the Council; (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857) Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary,. and from time to time It may alter the powers and organization of the same. It may enact in the form of an ordinance such administrative code for the City as may seem necessary and may amend the same from time to time. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s), resolution or established by law. The City Clerk 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. (Ref. Ord. 625, Ord. 790, Ord. 857) DRAFT Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. The city manager may designate an individual(s) through the establishment of a policy that may be revised as needed. All purchases on behalf of the city shall be made, and all contracts shall be let by the City Manager., provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All City contracts, bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City Manager or documented designee, and shall be executed in the name of the City. (Ref. Ord. 625) Section. 6.06. CONTRACTS, HOW LET. In all cases of contracts for the purchase, rental, or lease of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper or other means authorized by state statute. In accordance with Section 3.06 of the city charter the city council has the authority to forgo this requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The 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. (Ref Ord 1252) 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. To: Wally Wysopal, City Manager From: Deb Skogen, City Clerk Date: January 13, 2015 Re: Fridley City Charter Commission and Questions Regarding Chapter 6 of the Charter Section 6.02 Powers and Duties of the City Manager The Charter Commission has been reviewing and discussing Chapter 6 of the City Charter addressing the powers and duties of the city manager. A question about the consistency in the hiring and removal of employees was raised. The Commissioners wondered why the council had to consent and approve to hire, but only needed to be notified about removal. The Fridley Charter states: Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council, the City Manager shall control and direct the administration of the City's affairs. The City Manager's powers and duties shall be: (b) To appoint with the consent and approval of the Council all subordinate officers and employees; (c) To remove any subordinate officer or employee, provided that the Council is notified; approval of the council. During the consent agenda, there is a section for the appointment of new employees and the council, by approving the consent agenda, approves the appointment of the individuals recommended by the city manager. As far as the removal of an employee, it has been the practice that the city manager approves of the removal and notifies the city council. I think that practice may stem from union contract language and the MN Data Practices Act. Union contract language would address the process for union employees and the MNDPA addresses what personnel data is public.. Staff has researched the Minnesota State Statutes pertaining to Statutory Cities and other city charters to try to provide information on how the state law or other charter cities govern the duties. In regard to the MN Statute for Statutory Cities Section 412.651, Subd. 3 . Appointment of personnel states, any applicable civil service provisions and, except as herein provided, remove the clerk, all heads of departments, and all subordinate officers and employees; but the appointment and removal of the attorney shall be subject to the approval of the In reviewing other city charters I have found some cities have very similar language to the state, while others have different language. The City of Bloomington Section 6.02. Powers and Duties of the City Manager manager has the powers and duties set forth in the following subdivisions: Subd. 3. The city manager controls all city administrative departments and divisions created by this charter or the council. (They then use a merit system for hiring and all city employees and officers covered by the merit system are appointed by the city manager on the basis of merit and fitness according to the rules and regulations established by the merit board.) Section 603. Merit System Subd. 3. All city employees and officers covered by the merit system are appointed by the city manager on the basis of merit and fitness, according to rules and regulations established by the merit board. The manager can make recommendations to the merit board on rules and regulations. The rules and any amendments, when approved by the council and posted at city hall, have the force and effect of the law. The rules must include provisions for, but not limited to, classification of positions; competitive examinations; rejection of applicants; eligible lists; certification of eligibles to the appointing authority; promotions; demotions; suspension; lay off; discharge; and general working conditions including hours of work, holidays, sick leave, vacation and leaves of absence. No permanent employee can be dismissed, suspended, removed or reduced in grade except for cause as set forth in the rules and regulations. All permanent covered city employees have the right to appeal a dismissal, suspension, removal or reduction in grade within ten days to the merit board. If, by a fair preponderance of the evidence, it can be shown that the appealing employee was dismissed, suspended, removed or reduced in grade for reasonable cause, which cannot be political, racial or religious in nature, the merit board must confirm the action. Otherwise, the merit board can reinstate the employee on terms and conditions it considers appropriate. City of Brooklyn Center Section 6.02. Powers and Duties of the City Manager (a) Subject to the provisions of paragraphs (b) and (c) of this Subdivision, the city manager shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the city except the City Attorney, whose appointment and removal shall be at the discretion of the city council. (b) And (c) set the hiring practice for the fire chief and other members of the Fire Department. City of Brooklyn Park Section 7.02 Powers and Duties of the City Manager (2) He/she shall appoint, upon the basis of qualification and experience and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the city except the City Attorney. Appointment or removal of the city clerk, the director of finance and all department heads shall be made final only upon approval of the City Council. City of Columbia Heights Section 53. Powers and Duties of the City Manager (c) To appoint and, except as herein provided, remove the city clerk, all heads of departments and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; City of Coon Rapids Section 1-602 Powers and Duties of the City Manager (3) The Manager shall appoint and remove, upon the basis of merit and fitness and subject to applicable civil service provisions, if any, the city clerk, all heads of departments and all subordinate officers and employees in the departments. City of Minnetonka Section 6.02 City Managers Powers and Duties (b) appoint, suspend and remove city employees on the basis of merit and fitness. The appointment and removal of the city attorney and the removal of the department directors is subject to council approval; City of Plymouth Section 6.02 Manager; Powers; Duties Subd. 3. The manager appoints officers and employees of the city on the basis of merit and fitness, but the appointment and removal of the city attorney is subject to the approval of the council. The manager may remove or suspend officers and employees of the city. Based on this information, I would like to bring information to the Charter Commission at their next meeting in February that would include the concerns on changing the Fridley City Charters language. Could you please bring this matter to the City Council to find out how they feel about the following two questions: Would you support or oppose any changes to the appointment or removal process? Do you have any suggestions or changes you would like to provide to the Charter Commission. ThisinformationwasprovidedtotheCityCouncilandwasaddressedby theCityManager.AtthistimetheCouncilhadnoconcernsorcomments otherthantheyhavefollowedwhatothercouncilshavedone.Thecity managerdidthinkitwasagoodideatoremovetheappointmentprocess forthecouncil,buttoprovidenotification.Hefelttheapproval processdoesallowfordelaysinthehiringprocess,especiallyifa jobofferhasbeenprovidedtoanindividual.Inaddition,hewasconcerned thatthecouncilcoulddisapproveofanindividualafterajobofferhad beenprovidedandtheindividualhadgivennoticeatpreviousjob. To: Wally Wysopal, City Manager From: Deb Skogen, City Clerk Darrin Nelson, Finance Director Moranda Zimmer, City Manger Intern Date: January 14, 2015 Re: Fridley Charter Commission Review and Discussion of Charter Chapter 6 Pertaining to Purchasing and Contracts The Charter Commission has been reviewing and discussing Chapter 6 of the City charter addressing purchasing and contracts. While reviewing this section questions were asked about the current practices of purchasing and contracts. Whether the purchases being made for items approved in the budget were purchased by someone other than the city manager and whether all contracts were being signed by the city manager and mayor. Staff was asked to research what the current practices were and find out how other cities operated. Mr. Nelson provided insight on the current practices within the city. He said if the purchase has been approved in the CIP (Capital Improvement Program) and the final budget, city staff/department heads/managers try to purchase large items off of a joint governmental cooperative purchasing agreement that allows eligible entities to purchase goods, as well as certain services under contract terms produced by the State of Minnesota. The cooperative purchasing agreements are used when the item total does not exceed the amount approved in the budget. If, however, the item total does exceed the budgeted amount, the council would have to approve a change order before it was purchased. Information systems (IS) is an example of current practices where the division head enters into maintenance/ service agreements for IS equipment and software. The division manager signs these agreements, as no bidding process is required on most and they had been approved in the annual budget. A claims list is currently placed on the consent agenda of the council agenda for approval. As purchases that have been approved through the CIP and budget, this list requires approval of the council again, making it a formality and not a real approval process. The information being provided is more for transparency and informational purposes rather than for an approval process. Staff would be interested in seeing the claims continued to be provided in agenda, possibly as an informational part of the agenda rather than the formal approval process used now. Is it possible there could be an informal item added to the agenda where council would receive information, but would not approve the items? If this were possible, various licenses could be placed in this format as well as not all licenses need council approval. New purchasing language would assist staff so they would not have to hold checks payable to vendors until after approval. Checks could be made in a more timely fashion. We reviewed the MN Statutes and charter language from eight other charter cities. After reviewing the language, staff found the language provided by the City of Minnetonka would be consistent with our current practices. It allows flexibility for staff items approved in the budget while also requiring certain purchases to be brought for council approval. For contracts, the Minnetonka language also has a section pertaining to the execution of documents, which allows for written authority for others to sign contract. While in Minnetonka, Mr. Nelson created a Finance Policy Document, which is also being provided separately from this memo. It more clearly defines purchases and contracts based off of their charter. After reviewing this information, we would like to have input from the City Council on their thoughts and concerns for changes to Chapter 6 of the Charter. We would like to present this to the Charter Commission to allow them more time for review and discussion. Again,thisinformationwasprovidedtotheCityCounciland addressedbythecitymanager.TheCouncilhadnoconcerns.The citymanagerandthefinancedirectordidthinkthatMinnetonka's languagereallyreflectedhowthingsarecurrentlybeingconducted. MN Statutes Charter Cities 410.18 Distribution of Administrative Powers Such charter commission may also provide that the administrative powers, authority, and duties in any such city shall be distributed into and among departments and may provide that the council may determine the powers and duties to be performed by and assign them to the appropriate department and determine who shall be the head of each department and prescribe the powers and duties of all officers and employees thereof, and may assign particular officers or employees to perform duties in two or more departments, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. Fridley City Charter Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All 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, and shall be executed in the name of the City. (Ref. Ord. 625) Section. 6.06. CONTRACTS, HOW LET. In all cases of contracts for the purchase, rental, or lease of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper or other means authorized by state statute. In accordance with Section 3.06 of the city charter the city council has the authority to forgo this requirement to advertise for bids. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The 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. (Ref Ord 1252) 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. Minnesota Statutes for Statutory Cities MS 412.691 Manager is Purchasing Agent; Audit and Approval The manager shall be the chief purchasing agent of the city. All purchases for the city and all contracts shall be made or let by the manager when the amount of the purchase or contract does not exceed $20,000 unless a lower limit is provided by the council; but all claims resulting therefrom shall be audited and approved by the council as provided in section 412.271. All other purchases shall be made and all other contracts let by the council after the recommendation of the city manager has first been obtained. All contracts, bonds and instruments of every kind to which the city is a party shall be signed by the mayor and the manager on behalf of the city and shall be executed in the name of the city. Language from Other City Charters The City of Bloomington Section 6.06. Execution of Instruments Every contract and all bonds and instruments to which the city is a party and which are approved by the city council must be signed and be executed in the name of the city by the mayor and the city manager. Every contract to which the city is a party, but for which council approval is not required pursuant to Section 6.07 due to the dollar amount, or otherwise sought, must be signed and executed in the name of the city by the city manager; except for those contracts the approval of which has been delegated to city department heads pursuant to Section 6.07. All contracts, irrespective of dollar amount, must be signed by the city attorney prior to execution. Section 6.07. Purchases and Contracts by City Manager The city manager is the chief purchasing agent of the city. The city manager can make or let contracts for the purchase of lease of merchandise, materials, or equipment, if budgeted or for any kind of construction work, repair or maintenance of real or personal property or personal services upon adoption of an ordinance setting the amount of such contracts which must not exceed the amount at which competitive bid are required by the Uniform Municipal Contracting Law, Minnesota Statute Section 471.345, as may be amended from time to time. The council must adopt the ordinance by an affirmative vote of all f its members. The council makes or lets all other purchases and contracts. The city manager must take or let each contract in conformance with appliciable state law and city ordinances. The city manager may, in his or her discretion, delegate the power to make and execute contracts on behalf of the City, that do not exceed the amount at which competitive bids are required by state law, to city department heads under the terms and conditions set forth by ordinance. All contracts, irrespective of dollar amount must be reviewed and approved by the city attorney. Section 6.08. Contracts, How Let by the City Council The council must award each contract for the purchase of merchandise, materials, or equipment or for any kind of construction work or repair or maintenance of real or personal property where the estimated price is an amount at which competitive bidding is required by state law only to the lowest responsible bidder upon the recommendation of the city manager, unless the council otherwise provides by a resolution adopted by a vote of at least five members and published once in the official legal newspaper of the city. The council can, however, reject any and all bids. Consistent with the provisions of the charter, the council can adopt further regulations by ordinance for the making of bids and the awarding of contracts. Each contract the council makes must conform with the state law and city ordinances. City of Brooklyn Center Section 7.05 Purchases and Contracts The City Manager shall be the chief purchasing agent of the City, and the City Manager may make or let contracts for the purchase of merchandise, materials or equipment or any kind of construction work in the manner provided by state law for cities of its class. Said purchases or contracts may be made or let by the City Manager after first obtaining the approval of the City Council. The City Council shall establish a Purchasing Manual for purchasing and awarding contracts and for requesting proposals for goods or services not covered or required to be purchased by competitive bids under state law. The Purchasing Manual shall be drafted under the direction of the City Manager and subject to the approval of the City Council. Any changes to the Purchasing Manual shall be approved by the City Council. The Purchasing Manual shall contain defined procedures to assure that purchases are made in a competitive manner. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts, bonds and instruments of any kind to which the City is a party shall be signed by the mayor and City Manager on behalf of the City and shall be executed in the name of the City. Section 7.06 Contracts: How Let Every contract for the purchase of merchandise, materials or equipment, or for any kind of construction work for cities of the second class, shall be let only by the Council upon recommendation of the City Manager to lowest responsible bidder. Unless the Council shall by an emergency ordinance otherwise provide, the City Manager shall advertise for bids by at least provided by statute. The Council may, however, reject any and all bids. Subject to the provisions of this Charter, the Council may by ordinance adopted further regulations for the making of such bids and the letting of contracts. City of Brooklyn Park Section 6.05 Purchases and Contracts The City Council shall by resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Section 6.06 Contracts, How Let Every contract for the purchase of supplies, materials, equipment or the rental thereof, the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the Uniform Municipal Contracting Law, M.S.A. Section 471.345. Subject to the provisions of this charter, the Council may be resolution adopt further regulations for the making of bids and the letting of contracts. City of Columbia Heights Section 56. Purchase and Contracts The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds the current amount set by the council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of an real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Section 57. Contracts, How Let All contracts of the city shall be let in accordance with the Uniform Municipal Contracting Law of the State of Minnesota. Further regulations for the taking of bids and the letting of contracts may be made by ordinance. City of Coon Rapids The City Manager shall be the chief Purchasing Agent of the City. All City purchases and contracts shall be made or let by the City Manager when the amount of the purchase or contract does not exceed $100,000. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts over $100,000, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. City of Minnetonka Section 6.05. Purchasing purchases or contracts when the amount does not exceed the amount at which competitive bids are required by law, unless the city council adopts an ordinance establishing a limit that is less than the competitive bidding threshold, but not less than $100,000. In addition, the city manager may make purchases or contracts exceeding the limit established under this subdivision if (a) the item is identified in the approved city budget, (b) the amount is no greater than the budgeted amount, (c) the item is purchased through a cooperative purchasing agreement with another governmental agency, and (d) the council is notified of the purchase within a reasonable time. Subd. 2 The city manager may also make emergency purchases when the immediate procurement is essential to prevent delays in the work of the city that may vitally affect the life, health or convenience of the public or the protection of property. The city manager must inform the council before making the emergency purchase, must prepare a full written report of the circumstances as soon as possible after the emergency purchase, and must publicly inform the council at the first council meeting after the emergency purchase. The written report must be available for public inspection. Subd. 3. Other purchases or contracts may be made only by the council after receiving the city Section 6.06. Competitive Contracts. City contracts must be made in compliance with state law. When sealed bids are required, the city manager must advertise for bids in the official means of publication at least one week before the bids are due. The council may adopt an emergency ordinance waiving this publication requirement. The specifications for sealed bids must be drafted to prevent fraud and favoritism but may include reasonable requirements related to legitimate public concerns. The council may exercise reasonable discretion to award the contract in the best interests of the city, considering such factors as price, quality, experience, suitability, availability, compatibility, efficiency, and overall best value. The council may by ordinance adopted additional regulations for making city contracts. Section 6.0. Document Execution Except as otherwise provided in the charter, the mayor and city manager sign city documents that require approval of the city council, and the city manager signs documents that involve matters authority in writing. City of Plymouth Section 6.05. Purchase and Contracts The manger is the chief purchasing agent of the city. Purchases and contracts may be made by the manager when the amount of the purchase or contract does not exceed the amount at which competitive bids are required by law. Other purchases and contracts are made by the council on the recommendation of the manager. Except for purchases and contracts made by the manager, contracts, bonds and instruments to which the city is a party must be signed by the mayor and the manager on behalf of the city. Section 6.06. Contracts; Bids City contracts must be made in compliance with law. When competitive bids are submitted the contract must be awarded to the lowest responsible bidder. The council may by ordinance adopt additional regulations for making city contracts. City of Robbinsdale Section 6.05. Purchases and Contracts The City Manager shall be the chief purchasing agent of the city. All city purchases and contracts shall be made or let by the City Manager when the amount of the intended purchase or contract does not exceed twenty-five thousand ($25,000) dollars, subject to the provisions of state law relating to such contracts. Section 6.06. Contracts: How Let Contracts entered into by the City for the sale of purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property shall be governed by state laws relating to such contracts. FRIDLEY CITY CHARTER CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Section 10.01. DEFINITION OF FRANCHISES. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 10.02. FRANCHISE ORDINANCES. The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co-partnerships, persons or other entity desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly executed by the grantee, has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) Section 10.05. RATES AND CHARGES. Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things, provisions, relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five (25) years. 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 7. The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise or the value thereof, if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625)