Loading...
CHA 09/01/2015 CITY OF FRIDLEY CHARTER COMMISSION AGENDA TUESDAY, SEPTEMBER 1, 2015 7:00 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER CONFERENCE ROOM A CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES Motion approving the May 4, 2015 minutes 3. ADMINISTRATIVE MATTERS A. Update on Commission membership 4. OLD BUSINESS A. Discussion of Chapter 6 Purchases and Contracts 5. NEW BUSINESS A. Discussion of Chapter 10 (remove from the table) B. Section 7.12 D 6. FUTURE MEETING TOPICS/COMMUNICATIONS 7. ADJOURNMENT Next Regular Commission Meeting Date: Monday, October 5, 2015 Location: Fridley Municipal Center Conference Room A CITY OF FRIDLEY CHARTER COMMISSION MEETING MINUTES MAY 4, 2015 CALL TO ORDER: Chairperson Reynolds called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Don Findell, Marion Flickinger, Manuel Granroos, Carol Hoiby, Ted Kranz, Novella Ollawore, David Ostwald, Barb Reiland, Pam Reynolds, Lois Scholzen, Cynthia Soule, Richard Walch Members Absent: Commissioners Gary Braam and Rick Nelson Others Present: Deb Skogen, City Clerk/Staff Liaison, Mayor Scott Lund, City Manager Wally Wysopal and Arvonna Stark APPROVAL OF AGENDA Commissioner Borman MOVED and Commissioner Soule seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Hoiby MOVED and Commissioner Findell seconded a motion approving the Charter Commission meeting minutes of March 2, 2015. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A.Recognition of Commissioner Hoiby Chairperson Reynolds read a Certificate of Appreciation to Carol Hoiby on behalf of the Charter Commission recognizing her for her two terms of service from March 1991 to March 1999 and from May 2005 to May 2015. CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 2 Commissioner Hoiby said she enjoyed her experience on the Charter Commission, especially working with former Commissioner Bill Holm and his wealth of knowledge ting events. B.Introduction of Arvonna Stark Ms. Skogen provided a brief introduction to Ms. Arvonna Stark. Ms. Stark was the only application that was received for the vacancy replacing Commissioner Hoiby. Ms. Stark commented that while she has a lot of experience at the state level, she is interested in learning more about the local level and becoming involved in her community. She has a son playing in different sports and she wants to be active and learn more about the neighborhood aspects. She did not see any issues that would prevent her from attending meetings in the future. Commissioner Walch MOVED and Commissioner Findell seconded a motion th recommending Ms. Skogen prepare a letter to the 10 District Chief Judge recommending the appointment of Arvonna Stark to the Fridley Charter Commission. UPON A VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 6 Chairperson Reynolds suggested the Commissioners review the past changes before moving on to new changes. 6.02(g). The Commissioners agreed to that change. City Manager Wysopal asked if he could make a few comments. He wondered if there was an issue that brought this matter before the Charter Commission or a referral from the City Council as he was trying to understand the need for change. Chairperson Reynolds said the Commissioners review all of the chapters from time to time looking for sections to simplify or change language to make it easier to understand or if there had been changes in state law. Mr. Wysopal felt in Section 6.02(a) the word enforce was different then ensure. He felt he could enforce something as there was a hierarchy of accountability, but w meant. Commissioner Findell said the Commissioners reorganized the sentence to make it more understandable. It required the city manager to ensure that it was enforced. CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 3 Mr. Wysopal said he understood and was fine with that change. He did say, however, that he had a major concern about the changes made regarding the appointment/termination sections in (b) and (c). He said his relationship with the City Council was important in the appointment process and that the City Council preferred to be informed rather than make recommendations on the hiring process. He did not have any issues with that. In fact, it could help in the hiring process by not having to wait for the Council approval. While the Council had not yet questioned any appointments, it could create a liability for the Council in the future if the Council were not to approve an appointment sometime in the future. Mr. Wysopal said the changes would make it harder for the manager to effectively manage the workforce if the Council had to approve the terminating of an employee. Because the City Council would have to vote to recommend the termination, the action to terminate an employee would be made during a debate in the public forum. He said this change would be a significant change to his contract and a difference in his responsibilities from when he was hired. Commissioner Kranz said he was not in attendance at a few meetings and wondered why the changes were made or what the Commissioners were thinking. Commissioner Hoiby wondered if council approval was needed why it would be made public. Ms. Skogen said the Council would have to approve or deny the termination in a public meeting due to the open meeting law. While the meeting could be closed, the decision could not be made in the closed section or in private. Commissioner Reiland asked Mr. Wysopal if the changes to (c) were the issue. Mr. Wysopal said yes. He said the added word of authority supervisors had within the law and would remove their right to suspend someone for away that right. Chairperson Reynolds said Commissioner Nelson stated in a previous meeting that anyone discharged would have to be based on PELRA whether or not the city manager was designated. The City of Fridley is the employert is first sent to city manager and it may be delegated. She said the Commissioners felt it was important if a department head for the Council to be aware of a suspension or termination. She said the city ould be changed during the term of the agreement. Commissioner Borman said while there had been no issue, generically the Commissioners felt termination of department heads should be handled differently. Commissioner Reiland said they felt discipline or termination of a department head was held to a more serious standard. CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 4 heads that the language should not be changed. Commissioner Soule said having been in a management role there is certain information that cannot be disclosed or made public when an employee is disciplined or terminated. Commissioner Borman said a meeting could be closed. Mr. Wysopal said, while you could close a meeting, you still had to record it and make part of that record public. He said his position looked to have a close relationship with the Council and changing how employees are hired and terminated could change that relationship. Commissioner Flickinger said he understood that if the Council had to approve a termination, it would require having the HR Director and supervisors in the meeting and that the Council would have to have an understanding of the state labor laws. Mr. Wysopal said if he personally messed something up, the Council would let him know. While it may be an opportunity to change the language, they could unintentionally change the intent. He also thought it might provide department heads more protection by creating a different class of employee. Commissioner Borman sai with the city manager. While the manager could run things as he saw fit, the Council still made decisions. change things for a specific reason. Mr. Wysopal said the Council could step in and say he did not keep them informed but was concerned the change would add additional protections for others and less on his part. He said there were times where he could inform the council about an employee, but could not say anything to them until the case was complete. He said this change took him by surprise and it would change how he manages. Mr. Findell said he could see an opportunity where an employee could go to the Council who could sympathize with them or it could become a political issue. Mr. Wysopal said it does become political when an employee calls the Council. Mayor Lund said if he received a call from an employee he would direct them to call the city manager. Commissioner Borman asked what would happen if the city manager was in a bad mood and decided to fire a department head because he felt like it and not because he did something wrong. CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 5 Mr. Wysopal explained the law was much more complicated when terminating an employee than when hiring an employee. He knows it would have to be based a good decisions. The existing Charter language is similar to the Statutory City Plan B language. He asked if they were reacting to something that happened or something that could happen in the future. He said they should make it such that manager make decision on sound, good reasoning. Commissioner Walch said the manager was accountable to the Council. He said the question was whether you would want to have the termination made in public. He did not think that was a good idea. Mr. Wysopal said he respected the Charter Commission and wondered if they might want to ask the Council their opinion. He said it would only take three votes for them to let him go on any given day. Commissioner Borman said he was not questioning his decision, but that it just be backed up by the Council. Mr. Wysopal said it had not been needed and if the language were changed, he could only see more harm than good. He said it is somewhat problematic when you are hiring an individual that it be contingent on Council approval. They have had individuals change their mind and get another job before the Council approval. He said the hiring process was more manageable though. Commissioner Borman asked how changing the language took away authority from supervisors that was different than the original language. Mr. Wysopal said the words He said they have the right to recommend discipline but only the city manager has the right to remove or terminate. Suspension is a form of discipline, but the employee comes back to work after a suspension. He said the more the language was changed, the more room for disagreement. If language clear cut it would be more understandable with no room for interpretation. Supervisors need to have good cause to suspend an employee and believes it is part of the union contract. Commissioner Findell said they were trying to make from the bottom up versus the top down Commissioner Borman said the Charter could be changed and the Council could change the Mayor Lund said he could see both sides. He said the Council could review or approve a termination but it would require them to be educated in labor law and would have to have the HR Director available to them to see what the infractions were to see if the manager was justified in the termination and that decision would become public. He said the manager was responsible CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 6 and he would rather continue to defer those matters to the city manager.He said the Council was lobbied in 2003-04 with the terminations due to the budget cuts. He was not sure the Council should be that involved in terminations. Commissioner Reiland suggested changing the language so the manager has the ultimate authority and that the Charter and job descriptions were not different. Mr. Wysopal said the Council could modify his agreement if they chose to. and Mr. Wysopal said not to his knowledge. Commissioner Welch said their goal was to eliminate the Council approval for regular full-time employees versus the department heads. Mr. Wysopal said he preferred to treat all employees the same so it did not create a division between employees. Mayor Lund requiring the Council approval for hiring had appeared to become inefficient for said it might be tough to defend a conditional offer if the employee passed the required tests and the background and the Council chose not to approve the hiring. It could create a liability to the City if that individual had already provided written notice to a former employer and no longer had a position with the City. t quite sure how the language should read. Commissioner Walch felt the Commission should improve the hiring process and was concerned about the termination process. Commissioner Walch MOVED and Commissioner Findell seconded removing all of the language as written in Section 6.02 (c). Commissioner Soule said that in the past (b) was about hiring and (c) was about removal. Commissioner Walch amended his motion, Commissioner Reiland seconded his motion and Commissioner Findell agreed with the amended motion, that the language should read as follows: (b) To appoint with the consent and approval of the Council all subordinate officers and 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 subordinate officer or employee, provided that the Council is notified; city employee subject to law and provide written notice of such actions to the City Council; CHARTER COMMISSION MEETING OF MAY 4, 2015 PAGE 7 UPON A VOICEVOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED. FUTURE AGENDA Approval of Agenda/Minutes Administrative Matters Update on appointment and upcoming Vacancy of Commissioner Borman Old Business Chapter 6 (beginning with Section 6.04) New Business Chapter 10 (requires motion removing from table) and Section 7.12 D (reformatted into bullet form) ADJOURNMENT: Commissioner Kranz MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON REYNOLDS DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:30 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Donald Findell, Secretary City Clerk/Staff Liaison DRAFT 05-05-2015 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 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 subordinate officer or employee, provided that the Council is notified; 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. but having no vote;. but tThe Council may at its discretion exclude the City Manager from meetings at which the City 1 DRAFT 05-05-2015 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.; and (Ref. Ord. 790, Ord. 857) (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. 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, an 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 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. (Ref. Ord. 625, Ord. 790, Ord. 857) Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. The city manager may 2 DRAFT 05-05-2015 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. 3 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) Section 7.12. FUNDS TO BE KEPT. In Bulleted format D.A special assessment fund, which shall be used to finance local improvements that are to be paid for, in whole or in part, from special assessments against benefited property. There shall be paid into this fund: 1.collections of special assessments, with interest, levied against benefited property; 2.proceeds of bonds or certificates of indebtedness sold by the City in anticipation of assessment collections and the proceeds of interfund loans; 3.amounts from other City funds representing either (a) apportionments of costs against the City at large, (b) benefit assessments against City property, or (c) appropriations to maintain the integrity of the fund. There shall be paid out of this fund: 1.all expenses and costs of the improvement projects that are financed through the fund; 2.the redemption of all special assessment fund bonds and certificates of indebtedness, with interest, at or before maturity, and any interfund loans; 3.transfers to the general fund of any unencumbered surplus of the fund, in the discretion of the Council; and 4.abatements of assessments and refunds of receipts in error. The Council shall maintain the integrity of this fund by appropriations from tax funds if necessary, and in addition may by ordinance create and maintain in the fund a cash reserve sufficient for working capital purposes. In order to anticipate the collection of special assessments the Council may by a majority vote issue and sell bonds and certificates of indebtedness, pledging the full faith and credit of the City, or pledging only special assessments, in such amounts and maturities as it may determine, regardless of the provisions of Section 7.16 of this Chapter; provided that the aggregate amount of such bonds and certificates outstanding at any time shall not exceed the sum of the following; 1.all assessments levied and uncollected; 2.assessable cost of work in progress; and 3.the cash reserve for working capital as previously determined by ordinance. In order that the fund may be administered on a self-sustaining basis, all improvement projects financed through it shall upon completion be certified by the City Manager as to total cost, which shall thereupon be apportioned by the Council either as assessments against benefited property or as amounts due from other City funds. Amounts apportioned against other City funds shall be due not later than the dates of adoption of the corresponding assessment rolls, shall be charged interest as in the case of assessments and shall be paid into the fund, with any interest due, not later than one (1) year after the due dates.