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CHA 01/22/2007 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: January 17, 2007 CITY OF Re: January 22, 2007, Charter Commission Meeting FRIDLEY The Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, January 22nd 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 on Monday, January 277, 2007. Attached is a letter and article that was mailed to Francis Van Dan. It has been determined that he is no longer a city resident and is now ineligible to serve as a member of the Commission. After a long recovery, he and his wife Mary have relocated to Remer, Minnesota and he is no longer pursuing his transgender reformation. Francis was going to mail his resignation letter,but I have not yet received it. If his letter is not received by next Monday evening, you may want to think about a motion requesting the Judge to remove him based on the residency requirement. I have prepared a certificate of appreciation and a card for the Commissioners to sign that can be sent to him for his many years of service and dedication. Deb Phone: 763-572-3523 e-mail: skogend@ci.fridley.inn.us '• CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, JANUARY 22, 2007 AT 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 November 27,2006 3. Administrative Matters A. Vacancy/resignation of Francis Van Dan B. Appointment of Nominating Committee for 2007-08 Officers 4. Discussion of Chapter 2 5. Discussion of Mission Statement 6. Discussion of Glossary/Index(remove from the table) 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, February 26, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING NOVEMBER 27,2006 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:04 p.m. ROLL CALL: Members Present: Borman,Braam,Gordon,Hoiby,Holm,Kirkwood,Kranz,Linder,Plummer,Reynolds and Soule Members Absent: Findell,Jorgenson,Ryan 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. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF OCTOBER 23,2006,CHARTER COMMISSION MINUTES: Commissioner Gordon MOVED and Commissioner Reynolds seconded a motion to approve the October 23,2006, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS There were no administrative matters at this time. 2. DISCUSSION OF CHAPTER 2 Commission Holm commented that if there were a vacancy in the city council it would require a special election. He also felt since this happened so rarely he did not see a need to change it. Deb Skogen said that was correct. She said the Commission could try to change that and explained that Coon Rapids Charter allows the City Council to appoint a person until the next scheduled election. For instance if a councilmember was just elected and decided to resign with more than three years on the term, the city would then appoint a person to fill in the term until the next election(thereby completing a two year term)and would have to file for office to run for the remainder of the term. The Commission then discussed redistricting and how it is done every ten years after the census report and after the legislature has redistricted. ••• The Commission then discussed residency for the mayor and councilmember at large. It appears ward councilmembers have to be a resident of that ward,but the other two offices did not have specific language requiring • CHARTER COMMISSION MEETING OF NOVEMBER 27,2006 PAGE 2 them to reside in the city. It was felt, however, that was addressed in Section 2.02.1. This section states that they have to be eligible voters. Commissioner Soule MOVED and Commissioner Hoiby seconded a motion to add the following language after eligible voters,"as defined by Section 1.04.1 of the City Charter,"for discussion purposes at this time. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. The Commissioners then discussed Section 2.02.6 what it meant by stating the council shall be the judge of the election of its members. Did it mean they were the canvas board or something else and felt there may need to be a clarification of this? Ms. Skogen will research to provide additional information. 3. REMOVAL AND DISCUSSION OF MISSION STATEMENT Commissioner Holm MOVED and Commissioner Gordon seconded a motion removing the discussion of the mission statement from the table. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Holm brought forward the current statement and an amended mission statement for review. He said the main reason for the amendment because the Commission reviews the charter but is not bringing forth ideas from the public. He also said when the Commission makes a recommended change it goes to the City Council for their approval and implementation. He said they could review it and bring it back to the next meeting for discussion. Commissioner Soule said that while the Commission does act on its own;citizens do have the ability to bring issues or an initiative to the Charter Commission or that the meetings are open to the public and that the Charter Commission would act on Commissioner Borman thought that the two last sentences should be swapped. Commissioner Holm said part of the issue was the level of detail and how much to include in the mission statement. Commissioner Gordon thought the Commission had to have the whole body of 15 members present to bring something forward to election. Commissioner Holm thought there was something about having a unanimous vote to send it back to the council for an election. There was a question of how many commissioners would be needed to have a unanimous vote—would it be all members present by quorum,or the full body of commissioners. Ms. Skogen reviewed the state statute and could not find where it said all members needed to be present. Ms Skogen was again asked to research this issue and come back with the information at the next meeting. 4. DISCUSSION OF GLOSSARY/INDEX(REMAINED TABLED) 5. DISCUSSION OF FUTURE ITEMS A. Administrative Matters for appointment of Nominating Committee B. Discussion of Chapter 2 C. Discussion of Mission Statement Ms. Skogen was asked to try to find out whether or not Commissioner Van Dan was still interested in being a commissioner due this his excessive absences. Ms. Skogen will try to contact Mr. Van Dan prior to the next meeting. •••■ • CHARTER COMMISSION MEETING OF NOVEMBER 27,2006 PAGE 3 ■ "N ADJOURNMENT: Commissioner Gordon MOVED and Commissioner Soule seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:10 P.M. Respectfully submitted, Debra A. Skogen, Cynthia Soule,Secretary City Clerk/Staff Liaison •'■ 1- CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534 December 15,2006 District Court Administrator Attention: Civil Division Washington County Government Center 14949 62nd Street North PO Box 3802 Stillwater,MN 55082 Re: ANNUAL REPORT OF THE FRIDLEY CHARTER COMMISSION FOR 2006 Dear Court Administrator, In accordance with Minnesota Statutes 410.05,Subdivision 2,I am submitting this report of the activities of the Fridley Charter Commission during the calendar year 2006. The Fridley Charter Commission met eight times during 2006. They began the year with 14 members,had three members resign from the Commission and had four vacancies filled during the year. Our current members are: Peter Borman Ted Kranz Gary Braam Kathleen Linder Donald Findell Leslie Plummer Craig Gordon Pam Reynolds Carol Hoiby Noel Ryan William B.Holm Cynthia J. Soule Nancy Jorgenson(Chair) Francis Van Dan Mary Kirkwood The Charter Commission spent time in 2006 again discussing the outcome of the 2005 special election ballot question,which failed, amending Chapter 7 of the Fridley City Charter to remove utility and recycling fees from fees defined whereby increases could not be raised by the rate of inflation or 5%,whichever is lower. This amendment to the Charter was made in 2001 as a result of an election due to a referendum petition in 2000. This amendment was deemed necessary due to cuts to local government aid and to allow the city to charge residents for the pass through costs from other agencies that may be greater than the rate of inflation or 5%. The Commission recommended to the City Council that the Council adopt a ballot question asking the voters to approve an increase in water, storm water,storm sewer rates. A ballot question was placed on the ballot and was again defeated in the 2006 election. Fridley Charter Commission 2006 Annual Report Page 2 In addition,in 2006 the Commission continued their review of the Charter chapter by chapter. I am enclosing copies of the minutes of the meetings held in 2006 for your information and records. Sincerely, CITY OF FRIDLEY Debra A. Skogen City Clerk Enclosures Cc: Fridley Charter Commissioners Fridley City Council William W.Bums,Fridley City Manager Elizabeth Moore,Fridley Charter Commission Attorney ••• IKJ CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534 December 8, 2006 Delivered by Certified and Regular Mail Francis Van Dan 4114 County Road 7 North Remer, MN 56672 Re: Request for Resignation from the Fridley Charter Commission Dear Francis, According to an article in the Outing Northland Press and information from the public record, we understand that you have moved from the City and are now a resident of the City of Remer, Minnesota. The City of Fridley would like to thank and commend you for all of your years of dedication and commitment to the City of Fridley Charter Commission. However,based on this information, you are no longer a qualified voter of the City of Fridley, thereby making you ineligible to serve on the Fridley Charter Commission. Because of your dedication and commitment,we would like to ask you to submit a letter of resignation to the Charter Commission before the January 29, 2007, meeting to avoid the Charter Commission from requesting an order by the Chief District Judge to remove you from office. If you have any questions or concerns, please contact me at 763-572-3523. It has been a pleasure working with you and I wish you the best in your new community. Sincerely, CITYaID OFFFRLEY Debra A. 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At 3 am the Second Dan,who recently moved to the Colonel, from Second . i we would blow away the emer- Ukranian Front used tanks to Remer area, joined the Lieutenant I jumped five ranks gency entrance with a bazooka break through the German Hungarian army in 1939. By one by one.Eventually I was the , and just pile in.And if there were lines and broach the 1941 at 18 years old, he was commanding officer of my outfit. ,,, , 1 ; some Germans we would fight Stuhlveissenburg Aerodome marching into battle in But the Russians were counter- - -,•:;,.• I •,• ,' and clean them out. Once we from the southeast driving Stalingrad, Russia, considered attacking and surrendered not ; r 11 .` had shelter we would work our towards the northwest. one of the bloodiest battles in only us but the entire Second ' = r ••1 way up. Then we would blow history. Army. The Germans tried to air jr .,' into the firewall into the next In the"pea soup"of the blizzard supply the surrounded units. li b ',d . t : , x, building, which was pasted up ... we could see the hazy out- He remembers,"It was a natural They were out-gunned and out- 1 t. , , ''" 1 against it, and work our way lines of some maintenance that as the war came along and manned both by the Soviet Air Nr,,••-. -' "' down.It was a bloody thing,just structures,we thought.Using my my call came and my battalion Force and on the ground." 1 r: ilr,J !,+i`7 like in Stalingrad." "Uhu" (Owl) Infrared sighting combat team was integrated into a x f�■` r. 1 device, I found we almost ran the German Second Army and "Me, my Executive Officer and i Following the Battle of into a large mass of something. off to Stalingrad.It was a natural the Top Sergeant, the three of ,. t , ' 'if �}, ,,,,i ig, ti Budapest,van Dan fought in the It turned out the entire Jasta 52 was here. and I wasn't a the best I question of could. deology shepherds,onot 450 officers, not (° , r � �Er,,n sf} �� ri q,:5 il,a named Balaton Die Fruuelin serwachen Thereerwe squadron)combat-combat-ready and that I was fighting commu- as soldiers, we walked home, r�' t` sue ``y ` c > ' `. `'r`. ""�t"r: r or Awakening of the Spring) German fighter jets on the tar- fisls." g g drivin the shee For nine full F�' ,'rte K't#�, ,,"`t y.'i f'e `� �'� _ `� where German forces were mac! My goodness! Here was weeks we just walked. That's a,, )„';' °',-i K 4 0,};,,fg,s `j• ” t k,a� �Y 1m, pushed from Hungary Into the full complement of Jasta 52 I A jhijF5 4 ! °� , f.i G'`'Wk.:4t , N4 >,„� , h ''• Austria. parked wing-to-wing, on chocks "My outfit, a battalion combat how we got out of Stalingrad,out �,,R�,'� 4�t"�. �''1 r ,;- ���rt a+ 4 �{ �,���jv� { - team, were assault engineers. of Russia, all the way home to i 1,� _E' �;� ,w; ;'+T'¢,t , ," t' and staked to the ground, tarp We were attacking and seizing Hungary," J r r s r ,, 'i�t�,�,,,� �r�a���°+ ' i '�"��'� p r'a� 'L°x sF0��r�, On March 9, 1945 the German covered (to protect them from fortifications.We were thrown in , �) , +( i �rYi i ,�' fii'�x,1",A-,.ra a4k1('f , �;t., ��, offensive opened. It was a pow- the gale)and armed.We poured with the German Second Army "When I got home and started to Francis van Dan of Reiner,MN shares his story with the Northland Press erful, aggressive attack, surpris- continuous tracer phosphorus under Paulus and I was at think.Stalingrad was the turning ing in its intensity. They must fire from our hull machine gun Stalingrad. It was a 90-day won- part of the war.Well I'd better do became a leader of certain seg- men made it there safely. have put all their hope and effort and added our automatic hand der,because I was the youngest something because I don't want ments. While German forces into it.They managed to assem- weapons'fire,setting all 27 corn- officer in my battalion and it was to fight for the Germans.I had a started invading Hungary, van On his last trip, however, van ble a force of over 1.5 million bat-ready planes and the nine an independent combat team. It relative who was very good at Dan "checked all safe houses I Dan ran into a retiring German men and something of the order spare planes of the squadron was hard fighting, you know, it forging.So I got a(German)pay was responsible for,and collect- Army Group and got involved in of 2,000 tanks. ablaze. It was like a Fourth of was the assault engineer's job." book, everything was done in ed 133 airmen, former POW's: a skirmish, he was gravely July fireworks display, all the pay book,awards,paydays, 95 US Army Air Corps and 38 wounded and surrendered to the They spent nights hauling armor machine gun and cannon 'The Germans already occupied promotions, penalties, it was all British Empire airmen. I armed German medics.Acting as if he to their assigned points of depar- ammunition exploding and the one part of the town,but it was a done in the pay book, it served them with the customary infantry were their prisoner, van Dan's ture towing with gigantic teams aviation gas accelerating. They house-to-house, staircase-to- as an ID too.I got myself one for weapons,rifles,pistols,light and crew turned him over complete of beasts of burden, lest we, had been all readied for action staircase combat. It was very the Luftwaffe and I was a para- heavy machine guns, trench with his German uniform and their enemies get tipped off by when the blizzard started,ready cruel and you had to be on the chutist.I had myself a tunic and mortars, submachine guns, pay book.He was hospitalized in the noise of their heavy diesel for action the moment the gale lookout. If you climbed up to a a special helmet. I changed my RPG's and rocket launchers." Budapest, recovered and was haulers. would let up." staircase and came to a landing name, so I became Franz He gathered all these men and flown to Prague, from there he with a turn and a wall,you could- Domer and [that name] is as moved them,group by group,to escaped and managed to return We were ready.We met them in By the end of this battle, van n't see what was coming down. German as they come." Szigetvar, a base for the resist- to the Hungarian Armed force. I sat in the command of Dan was wounded to the point The Germans were equally on ance. Resistance. my"Red Army-green"tank,while where he could no longer fight. their best and you had a bayonet After his decision to stop fighting Pyetyka, my driver shifted the He was demobilized and dis- in your hand and a submachine for the Germans,van Dan joined From there van Dan moved the van Dan also fought in the Battle automatic transmission into high charged from the Red Army. gun or automatic weapons. the Hungarian resistance,which men again, through Bosnia to of Budapest with the Red Army. and proudly advanced to the Among other awards, van Dan Germans even developed a consisted of only 781 people in Dubrovnik and finally to Split "It took fifty-two days for lead of our version of the was given the "Hero of the curved barrel rifle with a soft the entire nation of Hungary. where van Dan chartered a boat Budapest to fall, it was terrible, "armored wedge." Burmistrov, Soviet Union" an award closely piece of ammunition to fire Nevertheless, he met many key to take the men across the how buildings got damaged and my hull-machine gunner emptied equal to the Congressional around the corner. I remember players in the Armed Hungarian Adriatic Sea to an Allied Air Base fired and all the cannonades and one magazine after the other Medal of Honor. combat in the Dzerzhinsky trac- Resistance and eventually in Foggia, Italy. Each of the 133 buildings collapsing. By law Into the ranks of enemy snipers. Page 1of1 Sgen, Deb From: 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. n AL .ling to my research this was proposed in 1975, by the DFL, by Ordinance No. 592 that was adopted by the City Council. There 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 Tr`eemail has been scanned by the MessageLabs Email Security System. Fc_ .pore information please visit http://www.messagelabs.com/email 1/17/2007 Page 1of1 • Sgen, Deb From: 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, J 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 1/17/2007 Fridley Charter Commission Mission Statement Adopted May 23, 2005 The Fridley home rule charter is the fundamental law which defines the powers the citizens agree to give their city government. The Charter Commission is comprised of court appointed citizens under Minnesota state law. The Commission, in response to the needs of the community or state legislature, discusses and refines the charter. Changes to the charter can also be initiated by the citizens. Holm Amended Language (11-27-06) The Fridley home rule charter is the fundamental law which defines the powers the citizens agree to give their city government. The Charter Commission is comprised of court appointed citizens under Minnesota state law. The Commission, in response to the needs of the community or state legislature, discusses and refines the charter. Commission members discuss and recommend changes to the Charter which commission members believe are beneficial to the city and its citizens and update the charter as required by the state legislature. Changes to the Charter can also be initiated by the citizens. Changes recommended by the Charter Commission are submitted to the City Council for approval and implementation. 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 n Section 2.02. ELECTIVE OFFICERS. • 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (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) Working Glossary Charter An instrument in writing creating and defining the franchises of a city, education institution or corporation. Or A document defining, describing the powers the freeholders grant their government. Defining and regulating relations between government and the governed, the rights and powers of the principles. Charter Commission Discretionary Funds Eminent Domain The power to take private property for public use by state, municipality, or private person or corporation authorized to exercise functions of public character, following just compensation to the owner of that property Or The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of compensation to the owner of that property Enumeration Informality Initiative An action by the voters to petition the city council to enact a new ordinance or to repeal an existing ordinance. Mayor pro tern Non-discretionary Funds Recall An action by the voters to remove an elected municipal official from office. Such action begins by petitioning the City Council alleging malfeasance or nonfeasance in office. Referendum An action by the voters to petition the city council to stop an ordinance from becoming effective, thereby allowing the city council to reconsider and repeal the ordinance or submit it to the voters at the next regular election. Sinking Fund or Money set aside in a special account for the purpose of redeeming or "debt reserve fund" retiring bonds. Suspense Fund rte.