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CHA 11/27/2006 �., imr, TO: Charter Commission Members 1111 m: Deb Skogen, City Clerk and Staff Liaison Date: November 22, 2006 CI1YOF Re: November 27, 2006, Charter Meeting FRIDLEY Reminder: The Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, November 27th as to whether or not they plan on attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not 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. Please find a copy of the agenda and minutes for your reference. The meeting will take place in our regular meeting area—Meeting Room 1 in the lower level of the building. I have increased the spacing between sentences in Chapter 2 to make it more readable for you for discussion purposes. If you need anything else before Monday's meeting,please let me know. City offices will be closed on November 23rd and 24th. I will be back in the office on Monday. Deb Phone: 763-572-3523 e-mail: skogend@a,ci.fridley.mn.us CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, NOVEMBER 27, 2006 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES October 23,2006 3. Administrative Matters 4. Discussion of Chapter 2 5. Discussion of Mission Statement(remove from the table) 6. Discussion of Glossary/Index(remove from the table) 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, January 22, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level t", CITY OF FRIDLEY CHARTER COMMISSION MEETING OCTOBER 23,2006 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:05 p.m. ROLL CALL: Members Present: Commissioners Borman,Braam,Gordon,Hoiby,Jorgenson(7:10),Kirkwood,Kranz, Linder,Ryan, and Soule Members Absent: Commissioners Findell,Holm,Plummer,Reynolds and Van Dan Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to approve the agenda. Ms. Skogen requested that the agenda be amended to add a discussion of the 2007 calendar. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY AS AMENDED. APPROVAL OF SEPTEMBER 25,2006,CHARTER COMMISSION MINUTES: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to approve the September 26,2006, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Jorgenson was now in attendance and Vice Chairperson Borman relinquished the Chair to Chairperson Jorgenson. 1. ADMINISTRATIVE MATTERS A. Discussion of 2007 Calendar As the Commission meets on the fourth Monday of each month the dates for the 2007 meetings we reviewed. The only month they could not meet on the fourth Monday was May due to the Memorial Day Holiday. Commission Gordon MOVED and Commissioner Kirkwood seconded a motion scheduling the Charter Commission meeting dates for the year 2007 for January 22,February 26,march 26,April 23,May 21, September 24,October 26 and November 26. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. DISCUSSION OF CHAPTER 1 CHARTER COMMISSION MEETING OF SEPTEMBER 25,2006 PAGE 2 The Commissioners agreed at this time there were no changes needed to Chapter 1;however,they would like to see Chapter 1 presented double spaced and by each power. As there would be no changes,other than type setting,there was no need to recommend any changes to the city council. 3. DISCUSSION OF MISSION STATEMENT—REMAINED TABLED. 4. DISCUSSION OF GLOSSARY/INDEX—REMAINED TABLED 5. FUTURE ITEMS Ms. Skogen was asked to prepare chapter 2 the same way,by double spacing and numbering the paragraphs for discussion purposes at the next meeting. ADJOURNMENT: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:43 P.M. Respectfully submitted, Debra A. Skogen, Cynthia Soule, Secretary City Clerk/Staff Liaison ,.� FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION. 1. The form of government established by this Charter shall be known as the "Council- Manager Plan"pursuant to Minnesota Statutes. (Ref. Ord. 1034) 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. (Ref. Ord. 1034) 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as otherwise provided by statute or by this Charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. (Ref. Ord. 1034) 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. (Ref. Ord. 1034) 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592, Ord. 1034) 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Ref. Ord. 1034) Fridley City Charter Chapter 2 Page 2 Section 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. (Ref. Ord. 1034) 2. The Mayor shall be elected at large in each United States presidential election year to a term of four(4) years. (Ref. Ord. 1034 3. One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four(4) years. (Ref. Ord. 1034) 4. Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four(4) years each. (Ref. Ord. 1034) 5. The term of Mayor and of each Councilmember shall begin on the first day of January n following their election to office and shall end on December 31 of the last year of the term. The incumbent may remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref. Ord. 1034) 6. The Council shall be the judge of the election of its members. (Ref. Ord. 1034) Section 2.03. THE MAYOR. 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tern shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council,who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. (Ref. Ord. 1034) 2. The Mayor shall vote as a member of the Council. (Ref. Ord. 1034) Fridley City Charter Chapter 2 Page 3 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. (Ref. Ord. 1034) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref. Ord. 1034) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref. Ord. 1034) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. (Ref. Ord. 1034) Section 2.04. WARD COUNCILMEMBERS. 1. The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, and Ward 3. (Ref. Ord. 1034) 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref. Ord. 1034) 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent(3%) from the average of the three(3)wards. (Ref. Ord. 1034) 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the Fridley City Charter Chapter 2 Page 4 deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2). If further redistricting is necessary, as determined by the Council, the adoption of the new boundaries shall be prohibited during the time period from ninety(90) days before a primary election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. (Ref. Ord. 1034) Section 2.05. DISQUALIFICATION FOR APPOINTIVE OFFICE. No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. (Ref. Ord. 1034) Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification; or by ceasing to be a resident of the city or the ward from which elected. In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. (Ref. Ord. 1141) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty-five (65) days from the time such vacancy is declared. The Council shall designate a period of eight(8)to twelve(12)consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. 1034) Fridley City Charter Chapter 2 Page 5 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. 1034) 4 . If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall appoint [within thirty (30) days of the vacancy declaration] by majority vote a qualified citizen who has not filed for any municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. 1034) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref Ord. 1034) 6. If the Mayor's position is declared vacant, the Councilmember-at-Large shall serve as Mayor until the vacancy is filled. (Ref Ord. 1034) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02 and 2.06.03 above to bring the membership of the Council up to five (5). (Ref Special Election 3/25/75, Ord. 776, Ord. 857, Ord. 1034) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref Ord. 1034) Fridley City Charter Chapter 2 Page 6 Section 2.07. SALARIES AND EXPENSES. The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. (Ref. Ord. 1034) Page 1 of 1 Skogen, Deb t om: Addicks, Duke [Addicks @LMNC.ORG] Sent: Monday, December 18, 2006 5:18 PM To: Skogen, Deb Subject: RE: City Charters Hi Deb, Perhaps it was intended to be similar to MS 205.185, Subd. 3 where the council is the canvassing board for city elections. Duke From: Skogen, Deb [mailto:SkogenD @ci.fridley.mn.us] Sent: Friday, December 15, 2006 12:58 PM To: Addicks, Duke Subject: City Charters Duke, I'm research when specific language was placed in our charter to figure out what the intent of the change means. The section I am referring to in our Charter is Section 2.02. Elective Officers 6. The Council shall be the judge of the election of its members. A-"--Niing to my research this was proposed in 1975, by the DFL, by Ordinance No. 592 that was adopted by the City Council. Thc,e is very little discussion about this issue. I checked a few other charters to see if similar language appeared and I found Anoka's charter was the same. Do you know what the intent of this might be? I checked the minutes but they never addressed this issue, the council just adopted it. The Commission is currently reviewing this chapter and asked the question about intent or what it really means. I figured with your experience you might know. Thanks. Debra A. Skogen, City Clerk City of Fridley 6431 University Avenue NE Fridley, MN 55432 763-572-3523 763-502-4981 (FAX) skogend @ci.fridley.mn.us This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email Th s mail has been scanned by the MessageLabs Email Security System. Ft. .ore information please visit http://www.messagelabs.com/email 12/19/2006 Page 1 of 1 Skogen, Deb r,om: Addicks, Duke [Addicks @LMNC.ORG] Sent: Monday, December 18, 2006 5:31 PM To: Skogen, Deb Subject: RE: Another Question Deb, I don't recall any requirement that all of the members had to be present and that the vote had to be unanimous. 410.12, Subd. 7 just says the charter commission may recommend. I take that to mean just a majority of the members voting if a quorum is present. Duke From: Skogen, Deb [mailto:SkogenD @ci.fridley.mn.us] Sent: Friday, December 15, 2006 1:10 PM To: Skogen, Deb; Addicks, Duke Subject: Another Question Do you know if at one time if the Charter Commission was recommending an amendment by ordinance to the council if all of commission members had to be present and vote unanimously or was it just all of the members required by the quorum present and voting unanimously For some reason, one of our members thought if there was a recommendation from the commission that everyone had to be present—which of course half the time we can't even get a quorum. D"--Nu know if that was ever in MN Statute or is it his imagination? Debra A. Skogen, City Clerk City of Fridley 6431 University Avenue NE Fridley, MN 55432 763-572-3523 763-502-4981 (FAX) skogend @ci.fridley.mn.us This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 12/19/2006