Loading...
CHA 02/26/2007 imj TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: February 23, 2007 CITY OF Re: February 26, 2007, Charter Commission Meeting FRIDLEY The Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, February 26th 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, February 26, 2007. Deb Phone: 763-572-3523 e-mail: skogend@ci.fi-idley.mn.us n CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 26, 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 January 22, 2007 3. Administrative Matters A. Terms up in 2007 B. Appointment of Nominating Committee for 2007-08 Officers 4. Discussion of Chapter 2 5. Discussion of Chapter 3 6. Discussion of Mission Statement 7. Discussion of Glossary/Index(remove from the table) 8. Discussion of Future Items 9. ADJOURNMENT Next regular meeting: Monday, March 26, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING January 22,2007 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman,Gary Braam,Craig Gordon,Carol Hoiby,Mary Kirkwood, Kathleen Linder,Leslie Plummer,and Pam Reynolds Members Absent: Commissioners Don Findell,Bill Holm,Nancy Jorgenson,Ted Kranz,Noel Ryan and Cindy Soule 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 NOVEMBER 27,2006,CHARTER COMMISSION MINUTES: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to approve the November 27,2006, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS a. Vacancy/Resignation Ms. Skogen reported that Francis Van Dan no longer resides in the City of Fridley and is no longer eligible to serve on the Charter Commission. Ms. Skogen mailed a letter to Mr.Van Dan at his new address in Remer,MN notifying him of the information and asking for a letter of resignation. Mr. Van phoned to say he would be mailing a letter of resignation but it has not been received. She recommended the Commission approve a motion requesting the judge to remove him from his duties as he is no longer an eligible voter in the City of Fridley. She said Lois Scholzen,was one of the individuals that was not appointed in the fall and suggested contacting her to see if she was interested. Commissioner Gordon MOVED and Commission Kirkwood seconded a motion recommending that the city clerk send a letter to the chief judge requesting the removal of Francis Van Dan from the Fridley Charter Commission as he is no longer an eligible voter in the City of Fridley and appointing Lois Scholzen to the Charter Commission if she is still interested in the position. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. CHARTER COMMISSION MEETING OF JANUARY 22,2007 PAGE 2 r.1 b. Appointment of Nominating Committee for 2007-08 Officers It was recommended that Ms. Skogen contact Chairperson Jorgenson to appoint three members to a Nominating Committee for the 2007-08 Officers. 2. DISCUSSION OF CHAPTER 2 Vice Chairperson Borman asked Ms. Skogen about the information from the League of Minnesota Cities. She said after the last meeting she contacted Duke Addicks for information about how many Commissioners were needed when forwarding a charter amendment. It was thought that all of the members were needed. Mr.Addicks said he did not recall any requirement requiring all members be present with a unanimous vote upon making a recommendation. He felt a majority of the members voting if a quorum was present was sufficient. In reference to the Commissioners question in Section 2.02.6,Mr.Addicks felt the intent was the council would serve as the canvassing board for city elections. The language was changed in 1975 by Ordinance 592. He said the Commission could amend the language to reflect the canvassing board and to make it easier to understand. The Commissioners all agreed to the language change and Ms. Skogen will note it in the draft copy of Chapter 2. There was a question about who would serve in the absence of the Mayor. Ms. Skogen said that the Council appoints a member of the council to serve as mayor pro tern in the absence of the mayor. There was a further discussion of the line of succession both on a temporary basis or vacancies. There was a discussion about whether or not a city employee could run for office and still remain an employee. Section 2.05 disqualifies council members from serving as city employees until one year after leaving office. Commissioner Gordon said the city attorney drafted an opinion that volunteer fire fighters are considered employees and would have to step down from the job while they served on the council. 3. DISCUSSION OF MISSION STATEMENT The mission statement was discussed. It was suggested the last sentence Commissioner Holm was recommending be placed in the original mission statement. Ms. Skogen will make the change and provide it for the next meeting. 4. DISCUSSION OF GLOSSARY/INDEX(REMAINED TABLED 5. DISCUSSION OF FUTURE ITEMS The items for the next agenda include Administrative Matters—nominating committee;Chapter 2;Chapter 3 and the mission statement. ADJOURNMENT: Commissioner Braam MOVED and Commissioner Gordon 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 7:55 p.m. Respectfully submitted, Debra A. Skogen, Cynthia Soule, Secretary City Clerk/Staff Liaison n 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 n 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 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 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. 1031)serve as the canvassing board for city elections. 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) Fridley City Charter Chapter 2 Page 3 2. . The Mayor shall vote as a member of the Council. (Ref. Ord. 1034) 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 fmdings 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 Fridley City Charter Chapter 2 Page 4 boundaries. This redetermination of ward boundaries shall be accomplished within the 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. 103 4) 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) n 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 Fridley City Charter Chapter 2 Page 5 of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. 1034) 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 Fridley City Charter Chapter 2 Page 6 order such an election. (Ref. Ord. 1034) 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) -. FRIDLEY CITY CHARTER CHAPTER 3. PROCEDURE OF COUNCIL Section 3.01. COUNCIL MEETINGS. 1. The Council shall hold the first regular meeting of the year on or before the ninth day of January. At this meeting any newly elected members of the Council shall assume their duties. Thereafter, the Council shall hold regular meetings at a fixed time at least once each month as prescribed by resolution. A regular meeting is one that is scheduled by resolution, at which formal action is taken, and for which minutes are recorded. 2. A special meeting of the Council may be called as needed by the Mayor or any two (2) Councilmembers upon compliance with the notification requirements in Minnesota statutes and upon at least twelve (12) hours' notice to each member of the Council. Such notice must be communicated personally to each member or to a person of suitable age and discretion residing at the member's usual place of residence, or notice of the meeting must be transmitted to the member's residence. The presence of any member of the Council at a special meeting shall constitute a waiver of any formal notice unless the member appears for the purpose of objecting to the holding of the meeting. Formal action is taken at a special meeting, and minutes are recorded. 3. From time to time the Council may hold conference meetings at which matters are discussed but no formal action is taken. 4. All meetings of the Council shall be public unless otherwise specified by law. Any person shall have access to any Council meeting minutes or records at all reasonable times unless access is restricted by state or federal law. (Ref. Special Election 4/12/60, Ord. 857, Ord. 1074) Section 3.02. SECRETARY OF COUNCIL. The Council shall choose 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 1 official or employee of the City, except the City Manager or a member of the Council, to act as Secretary of the Council. (Ref. Ord. 1074) Section 3.03. RULES OF QUORUM AND PROCEDURE. A majority of seated Councilmembers constitute a quorum for purposes of canvassing an election. For all other purposes three Councilmembers constitute a quorum to do business, but a lesser number may adjourn from time to time. The Mayor and other members of the Council each have one vote. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings. (Ref Ord. 1074) Section 3.04. ORDINANCES, RESOLUTIONS AND MOTIONS. 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 noes 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. (Ref. Ord. 1074) Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in full with at least seven (7) days between the first reading and the second reading. Any legislation prescribing a penalty for its violation shall be enacted in the form of an ordinance. (Ref. Ord. 1074) 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 r-1 declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and noes. 2 2. No person(s), firm or corporation charged with violation of the emergency ordinance shall be prosecuted unless: a) the person(s), firm or corporation has had notice of the passage of the ordinance; or b) the ordinance has been filed with the City Clerk, posted in three conspicuous places in the City, and twenty-four(24)hours after the filing and posting have elapsed; or c) the ordinance has been published. 3. No grant of any franchise shall ever be made by an emergency ordinance. (Ref. Ord. 1074) Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by three (3) other members of the Council, and attested by the City Clerk,published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect, the Council may by three (3)affirmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary,with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements. 3. Every ordinance shall be recorded in its entirety by the City Clerk in a book kept for that purpose, within twenty (20) days after publication of the ordinance or of its title and summary. Proof of the publication shall be attached to and filed with the ordinance. 3 4. All resolutions and motions duly passed at each meeting of the Council may, at the discretion of the Council,be published in full or in part in the official newspaper of the City. In the case of partial publication, it shall be indicated in what respect they are incomplete. 5. Any administrative rule or regulation of any department of the State of Minnesota affecting the City or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an organization for general circulation and use may be adopted and incorporated in an ordinance by reference and by marking a copy of it as "official copy" and filing it for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be as fully satisfied by this method as if the material had been set forth in the ordinance in full. (Ref. Ord. 767, Ord. 780, Ord. 1074) Section 3.08. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT. Emergency ordinances, except as provided in Section 3.06 of this Chapter, and ordinances making the annual tax levy, disbursing money, determining the annual budget and providing for local improvements and assessments take effect immediately upon their passage. Every other ordinance enacted by the Council takes effect fifteen (15) days after the date of its publication, unless a later effective date is fixed in it A resolution takes effect upon its passage. (Ref Ord. 1074) Section 3.09. AMENDMENT AND REPEAL OF ORDINANCES. No ordinance or section of an ordinance shall be amended or repealed except by ordinance. Every repealing ordinance shall refer to the ordinance repealed by title, date of passage and section number or numbers. No ordinance or section of an ordinance shall be amended by reference to its title alone. The amending ordinance shall set forth in full each section or subsection as amended. This requirement shall not apply to amendments to zoning ordinances. (Ref. Ord. 1074) Section 3.10. CODIFICATION OF ORDINANCES. The ordinances of the City shall, at intervals of not more than five (5) 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 4 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. (Ref. Ord. 1074) 5 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. Changes recommended by the Charter Commission are submitted to the City Council for approval and implementation. 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. �.� 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 a: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 tem 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