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CHA 03/26/2007 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: March 19, 2007 CITY OF Re: March 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, March 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, minutes and Nominating Committee Report 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, March 26, 2007. Deb Phone: 763-572-3523 e-mail: skogend@ci.fridley.mn.us n March 19, 2007 Charter Commission Nominating Committee Chairperson Jorgenson appointed Commissioners Peter Borman, Gary Braam, Bill Holm and Cindy Soule to serve on the Nominating Committee on February 26, 2007. The Nominating Committee met and offered the following nominations to serve for 2007-08: Chair Peter Borman Vice Chair Cindy Soule Secretary Carol Hoiby r1 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MARCH 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 February 26, 2007 3. Administrative Matters A. Appointment of Nominating Committee for 2007-08 Officers 4. Discussion of Chapter 3 5. Discussion of Chapter 4 6. Discussion of Future Items 7. ADJOURNMENT Next regular meeting: Monday, April 23, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING February 26,2007 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:01p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam,Craig Gordon,Bill Holm,Nancy Jorgenson(7:05 pm),Mary Kirkwood,Noel Ryan and Cindy Soule Members Absent: Don Findell, Carol Hoiby,Ted Kranz,Kathy Linder,Leslie Plummer, and Pam Reynolds Others Present: Lois Scholzen,guest and 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 JANUARY 22,2007,CHARTER COMMISSION MINUTES: Commissioner Gordon MOVED and Commissioner Braam seconded a motion to approve the January 22,2007, Charter Commission Minutes. n UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS a. Expiring Terms in 2007 Deb Skogen reported that Carol Hoiby,Bill Holm and Pam Reynolds terms were expiring in May of this year and Peter Borman in September. She said she waited to send the appointment letter for Lois Scholzen so they could all be sent together. Commissioner Gordon MOVED and Commissioner Braam seconded a motion reappointing Carol,Bill and Pam if they wanted to be appointed to another term. UPON A VOICE VOTE,ALL VOTING AYE,VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. b. Appointment of Nominating Committee for 2007-08 Chairperson Jorgenson asked if there were any volunteers to serve on the Nominating Committee. The members that were then appointed were Bill Holm, Cindy Soule, Gary Braam and Peter Borman. They will make their report at the next meeting. c. Update on Utility Rate Question Ms Skogen provided a memo and resolution on the City Council agenda evening that evening requesting an opinion from the Attorney General as an update to the Commission. 2. Discussion of Chapter 2 Commissioner Borman said they tabled discussion on Chapter 2 because someone was missing from the previous meeting. Ms. Skogen said that currently there are two recommended changes to Chapter 2,the first in Section 2.02.1 DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 26, 2007 PAGE 2 n -defining eligible voters, and Section 202.6 changing the judge of the election to canvassing board as it is referred to in state statute. Commission Holm MOVED and Commissioner Borman seconded a motion to approve the changes to Chapter 2 and to refer to the changes as a working draft of non-controversial issues,to keep working on the additional chapters of the Charter and to provide all of the non-controversial issues at one time to the City Council. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED AND THE MOTION PASSED. 3. Discussion of Chapter 3 The Commissioners briefly reviewed Chapter 3. Chairperson Jorgenson asked if there were any questions or changes. The Commission discussed how meeting dates are determined and posted. The Council's meeting dates are adopted by Resolution in December of each year. Special meetings have to be posted up to 3 days before each special meeting. Special meetings are not covered by the Charter but are covered by state statute as part of the Open Meeting Law. Special meetings may be open to the public or closed. If the meeting is closed the notice has to state the reason for being closed. The only time it can be closed is there is discussion about pending or current litigation, union contract negotiations,or personnel matters. Every effort should be made to provide the notice to individuals who want to receive notification of council meetings,to post it and publish it on the web. The Commission discussed whether ayes and noes should be changed. General consensus was noes should be changed to nays in Sections 3.04 and 3.06 4. Mission Statement The Commissioner discussed the mission statement and the proposed changes. At the last meeting the Commission voted to add one sentence to the current Mission Statement. After some discussion Commissioner Borman MOVED and Commissioner Ryan seconded a motion accepting the amendment as written by Commissioner Holm. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON JORGENSON DECLARED THE MOTION UNANIMOUS AND THE MOTION PASSED. 5. Discussion of Glossarv/Index Commissioner Holm MOVED and Commissioner Gordon seconded a motion dropping the glossary/index from future agendas. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION UNANIMOUS AND THE MOTION PASSED. 6. Discussion of Future Items It was determined the Commission would address Chapters 3 and 4 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 8:00 P.M. Respectfully submitted, Debra A. Skogen, Cindy Soule, Secretary City Clerk/Staff Liaison DRAFT 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 nees nays shall be recorded unless the vote is declared n 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 declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and nees nays. 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 CITY CHARTER CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. Regular municipal elections shall be held on,the first Tuesday after the first Monday in November, at such place or places as the City Council may designate by resolution. Regular 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 least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919) Section 4.03. PRIMARY ELECTIONS. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. 1 Fridley City Charter Chapter 4 Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06 (Ref. Ord. 1034) Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five(25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate n for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord, 592, Ord. 873) Section 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign more than one petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref. Fridley City Charter Chapter 4 Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921) Section 4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate , whose residence is , for the office of , to be voted for at the election to be held on the day of , ; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. Name Street and Number , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this day of , This petition, if found insufficient by the City Clerk, shall be returned to , at Number Fridley City Charter Chapter 4 Street. I hereby indicate my willingness to accept the office of if duly elected thereto. (Ref. Ord. 857). Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the 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 (f) 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. (Ref. Ord. 592)