1999-09-01 Agenda
Richfield Charter Commission Meeting
Wednesday, September 1St, 1999
Richfield City Hall, Heredia Room
7:00 PM
AGENDA
Call to Order
Roll Call
Approval of Minutes
Committee Report:
Public Hearing Sub-Committee: Discuss options presented to the commission
regarding possible amendments to section 8.04 regarding public hearings.
New Business
Set next mceting date and/or elect nominating committee.
Adjournment
~e~
~ ~
Attachment A to 10/27/99 Minutes
Sections 8.04 and 8.05
Draft Amendment from Corrine Thompson
Page 1 of 2
Section 8.04. Public Building Projects. Sections 8.04 and 8.05 apply to any project for the design or
construction of a City building that has estimated design/engineering costs in excess of $75,000 or that
has estimated construction costs in excess of $500,000. Before entering into a contract for design/
engineering or commencing constntction of a public building project governed by this section, the City
Council must authorize commencement of either the design/engineering phase or the construction phase
of the project according. to the procedure in section 8.05 of this charter.
Section 8.05. Procedure for Public Building Projects. Before authorizing the commencement of either
the design/engineering phase or the construction phase of a project governed by section 8.04, the City
Council must hold a public hearing. Notice of the hearing must be published at least twice in the official
newspaper within fourteen (14) days prior to the date of hearing. Addition notice of the public hearing
may be given in such manner as the City Council may determine. The notice must identify the proposed
public building project, the proposed location and intended use of the building and the estimated cost of
the project phase that is the subject of the hearing. The proposed design for the public building. must be
presented at any hearing on the construction phase of a project governed by section 8.04. The Council
must approve or disapprove the applicable project phase by resolution. The resolution must be published
at least once in the City's official newspaper.
Draft Amendment with Changes approved at 10/27/99 Charter Commission Meeting:
Section 8.04. Public l~xitldi~ag Projects. Sections 8.04 and 8.05 apply to any project for the design or
construction of a new or existing City h~i~ing rp oiect that has estimated design/engineering costs in
excess of $75,000 or that has estimated construction costs in excess of $500,000. Sections 8.04 and 8.05
do not apply to any project for the routine or necessary maintenance of city property. Before
entering into a contract for design/engineering or commencing construction of a public h~iidifag project
governed by this section, the City Council must authorize commencement of either the design/engineering
phase or the construction phase of the project according to the procedure in section 8.05 of this charter.
Section 8.05. Procedure for Public liteg Projects. Before authorizing the commencement of either
the design/engineering phase or the construction phase of a project governed by section 8.04, the City
Council must hold a public hearing. Notice of the hearing must be published at least twice in the official
newspaper within fourteen (14) days prior to the date of hearing. Addition notice of the public hearing
may be given in such manner as the City Council may determine. The notice must identify the proposed
public ~ilct~g project, the proposed location and intended use of the d-i~ng rooect and the estimated
cost of the project phase that is the subject of the hearing. The proposed design for the public l~tildi~
ro'ect must be presented at any hearing on the construction phase of a project governed by section 8.04.
The Council must approve or disapprove the applicable project phase by resolution. The resolution must
be published at least once in the City's official newspaper.
•
Attachment A to 10/27/99 Minutes
Amended Version of Draft Amendment:
Section 8.04. Public Projects. Sections 8.04
of a new or existing City project that has esti
has estimated construction costs in excess of
project for the routine or necessary maintena:
design/engineering or commencing construct
Council must authorize commencement of ei
of the project according to the procedure in s~
Section 8.05. Procedure for Public Projects.
design/engineering phase or the construction
Council must hold a public hearing. Notice c
newspaper within fourteen (14) days prior to
maybe given in such manner as the City Cou
public project, the proposed location and inte
phase that is the subject of the hearing. The 1
any hearing on the construction phase of a pr
or disapprove the applicable project phase by
in the City's official newspaper.
Page 2 of 2
l 8.05 apply to any project for the design or construction
ed design/engineering costs in excess of $75,000 or that
10,000. Sections 8.04 and 8.05 do not apply to any
of city property. Before entering into a contract for
of a public project governed by this section, the City
the design/engineering phase or the construction phase
~n 8.05 of this charter.
Before authorizing the commencement of either the
tease of a project governed by section 8.04, the City
the hearing must be published at least twice in the official
ie date of hearing. Addition notice of the public hearing
;,il may determine. The notice must identify the proposed
ied use of the project and the estimated cost of the project
posed design for the public project must be presented at
ect governed by section 8.04. The Council must approve
solution. The resolution must be published at least once
SECTIONS 8.04 AND 8.05 SUBCOMMITTEE
of the
RICHFIELD CHARTER COMMISSION
December 8, 1999
The subcommittee met in the Richfield Room at City Hall.
Members Present: Annette Margarit, Rick Morey, Jan Anderson and Amy Krauss.
Guests Present: Mike Eastling (Richfield Public Works Dept), Corrine Thomson
Corrine Thomson's 11/15/99 memo was presented. Her recommendations concerned Section 8.04:
Language defining the types of facilities affected
The change from "building" to "facility
Language clarifying routine or necessary maintenance as not applicable to the section.
Issues discussed were:
o Section 8.04: In the first sentence, the words "...any project for the design or construction of a
new or existing City project..." could be changed to u... any project for the design or construction,
including remodeling or expansion, of a City project... ° -eliminating the words "new or existing"
because the meaning of the word construction always infers something that is new. The word
"reconstruction" was also mentioned.
o Section 8.04: Regarding "Before entering into a contract", how do the City's consultants and
contractors who are already retained by contract fit in?
o Need to discuss timing of when the need for a hearing kicks in; when the dollar limit is hit, does
that trigger a public hearing - or was a public hearing based on the estimate of the cost?
o What properties are involved in 8.04/8.05? City owned property -~ °owned in fee". What about
easement property (streets are a right of way, and not owned by the City).
o Projects which are funded by MNDOT or other Federal or State agencies vs. those which are
funded by Richfield only - or joint ventured projects.
o Example: Richfield Lake - .Began with the lake and 35W run off ~ goes to adjoining property
condemnation (which triggered its own hearings). The initial project was funded by MNDOT.
The expansion was tabled due to response at the hearing.
- The hearing is triggered when the project broadens in scope from where °need" ends, and
"while we're at it..." begins. It also is limited to City-owned property (and/or easement-?)
o Could a Policy Statement precede these two sections -some words that state its purpose and
refers to 4informed consent?
- Broader concepts ~ If language is vague as applied to factual situations, then staff should
review the policy statement and act to effect that stated purpose. The stated purpose could
also be included in the Minutes of a specified Charter Commission Meeting.
It was agreed that a lot more work needs to be done, that the subcommittee will continue to meet, and
that a meeting of the full Charter Commission will only be called when all known questions/concerns
are resolved. Mike Eastling and Corrine Thomson will be available to consult with the subcommittee.
• Notes compiled by: Jan M. Anderson
akrauss
From: Thomson, Corrine H. <cthomsonic
To: <akrauss@email.msn.com>
Sent: Monday, November 15, 1999 4:31
Subject: Richfield charter commission
I have reviewed the charter commission's; draft amendment to the charter.
The commission's changes can be sum ~ arized as:
* The commission clarified that it wants tie provision to apply both A ~ ~~ D
to the construction of new facilities and Ihanges to existing facilities. 5__.----
~~-~ On this. language, I think that language sluch as "any project for the design,
construction or alteration of a City ..." would be preferable. The word
~" "alteration" would only apply to existing facilities, while "construction"
would relate to new facilities. Then the words "new or existing" can be
deleted as-superfluous.
* The commission substituted "facility" for "building." This raises
the whole question again about whether the charter amendment would apply to
street projects or not. A facility is define d in my Webster's (dates back
to college, but I think the definition is still accurate) as "something that
is built, installed or established to serve a particular purpose." It is
not uncommon to speak of "utility, facilities" and "transportation
facilities." If the commission has changed its mind about adding in street
and utility projects, then this language could stand. But if the commission
has not changed its mind, I would recommend the use of more limited
language. If you could give me some specific examples of projects that the
commission is concerned about but that would not involve a building, I might
be able to suggest some language.
* The commission added a sentence to clarify that it does not apply to
routine or necessary maintenance. I'm n~lot certain this sentence is needed.
We have been talking about capital projects, and routine maintenance is
generally not considered to be a capital project. There is a distinction
between "maintenance" and "repair," and repairs can be capital projects. It
would help to know what types of projects the commission had in mind when it
added this exception.
I apologize for not being able to attend y 'our last meeting. if I had .been
there, I could have asked some of these questions at that time. Please feel
free to give me a call if you have any questions about what I have written
in this a-mail
Proposed Amendment to Sections 8.04 and 8.05 of the City Charter
To be presented to the City .Council after review by Corrine Thompson
Section 8.04. [Public Projects].
a ,.ooa;.,n e~c nnn .,~ ,..~ ~o „ ,oa i.., ,.,.a;~,,,,,,o .,~-o,.., ..,,~.~;,, wo.,,.;,,~. [Sections 8.04 and 8.05 apply
to any project for the design or construction of a new or existing City project that has estimated
design/engineering costs in excess of $75,000 or that has estimated construction costs in excess of
$500,000. Sections 8.04 and 8.05 do not apply to any project far the routine ar necessary maintenance of
city property.. Before entering iota a contract for designlengineering ar commencing construction of a
public-project governed by this section, the City Council must authorize commencement. of either the
design/engineering phase or the construction phase of the project according to the procedure in section
8.05 of this charter.]
Section 8.04. [Procedure for Public Projects]_
J
. [Before authorizing the commencement of either the designlengineering phase or the
construction phase of a project governed by section 8.04, the City Council must hold a public hearing_
Notice of the hearing must be published at least twice in the official newspaper within fourteen (14) days
prior to the date of hearing. Addition notice of the public hearing may be given in such manner as the
City Council may determine. The notice must identify the proposed public project, the proposed location
and intended use of the project and the estimated cost of the project phase that is the subject of the
hearing. The proposed design for the public project must be presented at any hearing on the construction
phase of a project governed by section 8.04. The Council must approve or disapprove the applicable
project phase by resolution. The resolution must be published at least once in the City's official
newspaper.]