Ordinance No. 1252 07-14-2008ORDINANCE NO. 1252
AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 2.
CITY COUNCIL ORGANIZATION, CHAPTER 3. PROCEDURE OF COUNCIL,
CHAPTER 4. NOMINATIONS AND ELECTIONS, CHAPTER 5. INITIATIVE,
REFERENDUM AND RECALL AND CHAPTER 6. ADMINISTRATION OF CITY
AFFAIRS
After consideration and recommendation of the Fridley Charter Commission, the Fridley City
Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule
Charter be hereby amended as follows:
SECTION 1: THAT CHAPTER 2 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 2. CITY COUNCIL ORGAl�]IZATION
SECTION 2.02. ELECTIVE OFFICERS.
1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be
eligible voters as defned bv Section 1.04.1 of this Charter. «°� n,-,a , n� ��
6. The Council shall u° +��'°c '��r" �gz-v^rin�e�e^vt�e" ^�-v��nei�iu°c-i�--�� � r'"'cr-vra.�T7 serve as the
canvassin� board for citv elections.
SECTION 2: THAT CHAPTER 3 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 3. PROCEDURE OF COUNCIL
SECTION 3.01. COUNCIL MEETINGS
3. From time to time the Council may hold conference meetings at which matters are discussed
but no formal action is taken. Most conference meetin�s should be scheduled at the same time
as the Citv Council schedule is made bv resolution.
Section 3.02. SECRETARY OF COLTNCIL.
The Council shall e�eese approve a Secretary to serve at its meetings. The Secretary shall prepare
the journal of minutes of proceedings. The Secretary shall also prepare other records and perform
other duties as may be required by this Charter or by vote of the Council. The Council may
designate any official or employee of the City, except the City Manager or a member of the
Council, to act as Secretary of the CounciL «°� n,-,a , n���
Ordinance No. 1252
Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS.
Page 2
Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance
and resolution shall be presented in writing and read in full at a Council meeting. All administrative
business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and
resolutions the ayes and �ees navs shall be recorded unless the vote is declared unanimous. An
affirmative vote of at least three (3) members of the Council is required for the passage of all
ordinances, except as otherwise provided in this Charter. Resolutions and motions require a
majority vote of the Councilmembers in attendance at the meeting except as otherwise provided in
this Charter. «°� n,-,a , n���
Section 3.06. EMERGENCY ORDINANCES.
1. An emergency ordinance is an ordinance necessary for the immediate preservation of the
public peace, health, morals, safety or welfare in which the emergency is defined and
declared, and which is passed by a vote of at least three (3) members of the Council, as
recorded by ayes and �ees navs.
Section 3.10. CODIFICATION OF ORDINANCES.
The ordinances of the City shall, at intervals of not more than €�e-(5� ten 10 years, be rearranged
and codified with such additions and deletions as may be deemed necessary by the Council. The
codification shall be published in book or continuously revised loose-leaf form or stored by
electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it
shall be made available by the Council at the office of the City Clerk for general distribution to the
public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City
Clerk, that the publication is correct, and each copy so published shall be received in evidence in all
courts for the purpose of providing the ordinances contained in it, the same as if the original
ordinances were produced in court. �p°� n,-,a , n�n�
SECTION 3: THAT CHAPTER 4 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.02. REGLTLAR MUNICII'AL ELECTIONS.
p°�,'�r m„„;�;„�' °'°�*;�„� �'��"'�°'�°'�' Oen the first Tuesday after the first Monday in November
municipal �eneral elections shall be held, at such place or places as the City Council may
designate by resolution. �eg�� General municipal elections shall be held every even numbered
year. The Council may divide the City into as many voting precincts as it may from time to time
deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be
in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the
time and places of holding such election, and of the officers to be elected, by posting a notice
thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at
Ordinance No. 1252 Page 3
least once in the official newspaper of the City, but failure to give such notice shall not invalidate
such election. �t � r'r��
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates fled for office, the Council shall meet and canvass the primarv
election returns within two (2) calendar davs after anv primarv election,. The two candidates
for each office who receive the hi�hest number of votes shall be nominees for the office named.
Their names shall be certifed bv the citv clerk to the Countv Auditor who shall place them on
the municipal �eneral election ballot without partisan desi�nation. The Council shall meet
and canvass the �eneral (re�ular) election or special election returns within seven (7) calendar
days after any regular or special election, shall make full declaration of the results, and file a
statement thereof with the City Clerk Said statement shall be made a part of the minutes. This
statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or
defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a
true copy of the ballots used; (e) the names of the judges of election; and (� such other information
as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their
election, and the persons elected shall take office at the time provided for by Section 3.01, upon
taking subscribing and filing with the City Clerk the required oath of office. �°�.��� �
SECTION 4: THAT CHAPTER 5 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 5.02. Expenditures by Petitioners
No member of any initiative, referendum, or recall committee, no circulator of a signature paper,
and no signer of any such paper, or any other person, shall accept or offer any reward, �ee�
monetarv or otherwise, for service rendered in connection with the circulation thereof_�T�his
shall not prevent the committee from paying for legal advice; and from incurring an expense not
to exceed $200 for stationery, copying, printing, and notaries fees..."
Section 5.07. Action of the Council on Petitions
When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative
petition to the Council at its ne�t meeting, stating the number of petitioners and the percentage of
the total number of registered voters which they constitute, and the Council shall at once read the
ordinance and refer it to an appropriate committee, which may be a committee of the whole. The
committee or Council shall thereupon provide for public hearings upon the ordinance, after the
holding of which the ordinance shall be finally acted upon by the Council not later than
si�ty-five (65) days after the date upon which it was submitted to the Council by the City Clerk.
If the Council fails to pass the proposed ordinance, or passes it in a form different from that set
forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be
submitted by the Council to the electorate at the ne�t regular municipal election; but if the
number of signers of the petition is equal to at least fifteen percent (15%) of the total number of
Ordinance No. 1252 Page 4
registered voters, the Council shall call a special election upon the measure. Such special
election shall be held not less than ��*�� ���° �^°` fiftv-three (53) nor more than si�ty (60) days
from the date of final action on the ordinance by the Council or after the expiration of si�ty-five
(65) days from the date of submission to the Council when there has been no final action; but if a
regular election is to occur within three (3) months, the Council may submit the ordinance at that
election. If the Council passes the proposed ordinance with amendments and at least four-fifths
(4/5) of the committee of petitioners do not express their dissatisfaction with such amended form
by a statement filed with the City Clerk within ten (10) days of the passage thereof by the
Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142)
Section 5.12. FILING OF REFERENDUM PETITIONS
1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER
AMENDMENT
The requirements for the purpose of petitionin� for a referendum repealin� a charter
amendment are set forth in Minnesota Statutes.
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within five (5) days after the filing of the completed referendum petition, the City Clerk
shall ascertain by examination the number of signatures appended thereto and whether this
number is at least fifteen percent (15%) of the total number of registered voters, as of
January lst of that year. If the City Clerk finds the petition insufficient or irregular, the City
Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating
the reasons for the insufficiency or irregularity. The committee shall then be given thirty
(30) days in which to file additional signature papers and to correct the petition in all other
particulars. If at the end of that period the petition is found to be still insufficient or
irregular, the petition shall be filed in the City Clerk's office, no further action shall be
taken, and the ordinance will become effective immediately or on the date specified. The
City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 1142)
Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT ON ORDINANCE
When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition; or
2. The petitioner's committee withdraws the petition; or
3. The council repeals the ordinance; or
4. Upon seven days after canvass of election is completed when a majority of those
voting � on anv such ordinance vote in favor of it.
Section 5.14. ACTION OF THE COLTNCIL ON REFERENDUM PETITIONS
If the referendum petition or amended referendum petition is found to be sufficient, the City
Clerk shall transmit the referendum petition to the Council at the ne�t regular Council meeting.
The Council shall thereupon reconsider the ordinance and either repeal it or by aye and �e �
vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the
ordinance, the Council shall immediately order a special election to be held thereon, not less than
Ordinance No. 1252 Page 5
rony--�� fiftv-three (53) nor more than 60 days after such meeting, or submit the
ordinance at the ne�t regular municipal election. (Ref. Ord. 1142)
Section. 5.19. RECALL ELECTION.
If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the
Council without delay, and shall also officially notify the person sought to be recalled of the
sufficiency of the petition and of the pending action. The Council shall at its ne�t meeting, by
resolution, provide for the holding of a special recall election not less than ��*�� r�r° �^°` fiftv-
three 53 nor more than si�ty (60) days after such meeting, but if any other election is to occur
within si�ty (60) days after such meeting, the Council may in its discretion provide for the
holding of the recall election at that time. (Ref. Ord. 1142)
Section 5.21. FORM OF RECALL BALLOT.
1. If the officer sou�ht to be recalled resi�ns within ten (10) davs after the receipt bv
the Council of the completed recall petition, the Council shall declare the office vacant and
shall then fill the vacancv for the unexpired term in accordance with the Citv Charter,
Section 2.06.
2. TT�'°�� *'�° ����°r T-�'���° r° ��' ; �'�+ r° � If the officer sou�ht to be recalled
does not resi�n within ten (10) days after the receipt by the Council of the completed recall
petition, the €e�e€ question to be placed on the ballot at s� the recall election referenced
in Section 5.19 of the Charter, shall be: "Shall be recalled?", the name of the
officer whose recall is sought being inserted in the blank, and those voting shall be permitted to
vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall
vote in favor of recall (a majority voting_"Yes"), the officer shall be promptly removed from
office. The Council shall then fill the vacancy for the unexpired term in accordance with the
City Charter, Section 2.06. If a majority of those voting on the question of recall vote against
recall (a majority voting "No"), the officer shall continue in office with no further action
required.
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SECTION 5: THAT CHAPTER 6 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
Section. 6.06. CONTRACTS, HOW LET.
In all cases of contracts for the purchase, rental, or lease of inerchandise, 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, ��'°°° *'�° r������' °'��" '��� �°°° �r�'�����°
^*'�°n-��°° rr�����'°, the City Manager shall advertise for bids by at least ten (10) days published
notice in the official newspaper or other means authorized bv state statute. In accordance with
Ordinance No. 1252
Page 6
Section 3.06 of the citv charter the citv council has the authoritv to for �o 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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14t'' DAY OF JULY 2008.
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SCOTT J. LUND, MAYOR
ATTEST:
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DEBRA A. SKOG , CITY CLERK
Public Hearing: June 9, 2008
First Reading: June 23, 2008
Second Reading: July 14, 2008
Published: July 24, 2008