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CHA 05/21/2007 lisrj TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: May 4, 2007 CITYOF Re: May 21, 2007 Charter Meeting FRIDLEY The next Charter Commission meeting will be held on Monday, May 21, 2007, in Meeting Room 1 in the lower level of City Hall at 7:00 p.m. For those individuals who did not attend the last meeting, the Charter Commission recommended an amendment by ordinance to Chapter 7 of the City Charter, shown as Attachment A of your minutes. The minutes provide the discussion and the reason the Commission recommended approval. In addition, for those who were not present at the meeting, I am sending you the materials the other commissioners received at the meeting. A public hearing is scheduled before the City Council on Monday, May 21, 2007 at 7:30 p.m. on the amendment by ordinance. The Notice of Publication should be in the May 3, 10 and 17th issues of the Fridley Sun Focus. You may want to consider meeting until 7:30 and then going to the City Council for the public hearing. You can discuss it at the beginning of your meeting. Remember, the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, May 21st as to whether or not they plan on attending the meeting. Please remember to call or e-mail me by Monday morning. 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. i I CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, MAY 21, 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 April 23,2007 3. Administrative Matters 4. Discussion of Chapter 3 5. Discussion of Chapter 4 6. Discussion of Chapter 5 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, September 24, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level ■ ■ CITY OF FRIDLEY CHARTER COMMISSION MEETING APRIL 23, 2007 CALL TO ORDER: Vice Chairperson Borman called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam, Bill Holm, Mary Kirkwood, Ted Kranz, Kathleen Linder, Leslie Plummer, Pam Reynolds, Noel Ryan, Lois Scholzen, and Cindy Soule Members Absent: Don Findell, Craig Gordon, Carol Hoiby and Nancy Jorgenson Others Present: Deb Skogen, City Clerk/Staff Liaison Richard D. Pribyl,Finance Director APPROVAL OF AGENDA: Ms. Skogen requested that an ordinance amending the Fridley Charter be placed on the agenda. Commissioner Braam MOVED and Commissioner Kranz seconded a motion to approve the agenda. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MARCH 26,2007, CHARTER COMMISSION MINUTES: Commissioner Holm MOVED and Commissioner Braam seconded a motion to approve the March 26, 2007, Charter Commission Minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. Election of 2007-08 Officers Vice Chairperson Borman reviewed the Nominating Committee Report and opened the floor for further nominations. Seeing no nominations, Commissioner Holm MOVED and Commission Kirkwood seconded a motion to close the nominations. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Draft CHARTER COMMISSION MEETING OF APRIL 23,2007 PAGE 2 Commissioner Kranz MOVED and Commissioner Reynolds seconded a motion to elect the uncontested ballot of Peter Borman, Chair; Cindy Soule, Vice Chair; and Carol Hoiby, Secretary as recommended by the Nominating Committee. UPON A VOICE VOTE, ALL VOTING AYE, VICE CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Discussion of Ordinance Proposing Charter Amendment to Chapter 7 Rick Pribyl, Finance Director, updated the Charter Commission on the city's search of the legality of utility fees. The City Council forwarded a letter, resolution and memorandum from the City's Bond Counsel to the Minnesota Attorney General (AG) in February asking for an opinion as to the question of legality of the charter's restriction on utility fees. The City received a letter from the AG stating they would not give an opinion, nor would it be binding. The memo from Briggs & Morgan which states state law supersedes the Charter language and that the charter cannot restrict the city from charging residents for the services they provide at the actual cost to provide the services. The city cannot bond or issue debt when it is losing money; instance the 2008 project to repair the water tower on Highway 65. If the water tower project was done in 2008, the water fund would have a net loss of($153,533) and be in debt by ($7,249) and was very critical at this time. The sewer fund shows a net loss of($487,961) for 2008 with a cash balance of$2,432,374 at the end of 2008. The storm water fund usually transfers $100,000 to street projects, but it has been decided to end this annual transfer. The storm water fund shows a net income of$94,992 for 2008 with cash reserves of $816,558 at the end of 2008. The City Engineer will recommend not doing the water tower project so the water fund does not have that loss. n Commissioner Soule felt a definition of utility charges should be in the charter stating it is the cost to provide the services. Mr. Pribyl said a small group of residents wanted to include the water, sewer and storm water as utilities in the changes in the 2001 amendment, which was approved by the Charter commission and the City Council. Mr. Pribyl said the Water Enterprise Fund was critical at this time. Staff met with the City Council to discuss the AG opinion and to get direction from the City Council. The Council would like to try to amend the charter by receiving a recommendation of an amendment by ordinance from the Charter Commission. Commissioner Reynolds asked what the cost of the water tower project was. Mr. Pribyl said it was about $1,200,000; there was internal repair, as well as the external cosmetic repairs needed. A picture was circulated showing the external state of the water tower. Mr. Pribyl said the City Council felt the citizens were more informed at this time and it was time to make the hard decisions to do what was in the best interest of the city. He said the water rates needed to be raised from $1.26 to $1.30 which would equate to about $2.88 per year for the average user. This would allow the city to bond for the water tower project and the average user would see an approximate additional $1 a year for debt service. He said he had worked as the Finance Director for over 30 years and felt there was no history for citizens to distrust the City and the City had always only billed for the services it provided, sometimes not raising the rates when they should. Draft CHARTER COMMISSION MEETING OF APRIL 23,2007 PAGE 3 Commissioner Kranz asked if the next renovation would be in about 10 or 15 years and Mr. Pribyl said yes. Commissioner Kranz wondered if the small increase was a break-even, would the city be in a similar place in 15 years needing more money if they didn't set any aside. Mr. Pribyl agreed that was a possibility. Ms. Skogen reviewed the timeline of the required steps in amending the charter if the Commission wanted to recommend the amendment by ordinance the City Attorney had drafted. Vice Chairperson Borman said he did not recall much opposition to the rate increase and didn't think there would be much opposition to this amendment. Commissioner Braam asked for the results of the previous three elections. Mr. Pribyl said the 2006 rate increase received 48%; the 2005 City Council initiated question received 39%; and the 2004 Charter Commission initiated question, which followed by a referendum, received 38%. 51% of those voting in the election was required to pass the questions. Commissioner Holm said if people thought the City had too much power they could vote no. He wondered if there was any way to move the timeline up. Ms. Skogen said rather than waiting for May 21',they could take action on it this evening. Commissioner Soule felt they would not be making any substantial changes other than turning over the financial control back to the City Council. She said it appeared state law superseded the charter for utility charges and that the City could not charge an exorbitant fee for the service. She wondered if they should put the state language into the Charter. Commissioner Holm felt if it was defined by state law and didn't need to be included in the Charter. Commissioner Braam wondered how much money should be set aside in reserve. Mr. Pribyl felt the City needed to set aside at least an amount equal to the depreciation. He said the Water Fund had approximately 20 million in assets. Commissioner Holm felt there would have to be a lot of education if the process went to a referendum. Mr. Pribyl said there had been a lot of education done on the previous years just through the election process and did not know if the same opposition was out there as in 2000. Commissioner Holm said this was one of the most critical issues the City would face and felt the Commission should recommend the ordinance to the council this evening so it could meet the requirements of the November general election. Commissioner Ryan felt people had been well educated on this issue. Commissioner Reynolds felt the amendment would cause a problem because the language would be changed rather than requesting people to vote on an increase. Commissioner Holm said if the process didn't work the City Council could change the process and possibly raise the rates without going to the voters and wait for a lawsuit from a citizen. He agreed there might be opposition but felt they should find out, as there could be no election to raise the rates until November of 2008. Draft CHARTER COMMISSION MEETING OF APRIL 23,2007 PAGE 4 Commissioner Soule felt the Charter Commissioner needed to assist the City Council by giving them the tools they need to exercise their fiduciary duties of the city. She felt the opposite of Commissioner Reynolds and felt there may be citizens that might counter sue because the Charter does not allow the City to exercise their fiduciary duties. She wondered what could be done to change the charter to do what is in the best interest of the City. Commissioner Reynolds said that trying to change the charter language failed twice and felt the same thing would happen again. Mr.Pribyl said that was possible but felt a lot of people understand the question now. Commissioner Soule suggested having a definition of what utility charges meant and what could be charged for, similar to that in state statute. Commissioner Reynolds said state statute says it had to be reasonable but it doesn't stop the City from raising rates beyond a break-even point. She cited the City of Breckenridge increased the rates to transfer money to their general fund. Commissioner Kranz said whether they approve the amendment that evening or the next meeting, they still needed to send something back to the City Council. Commissioner Borman said the Commission should look at the history of the City and the fact they have not provided any extra money to the general fund; they are only asking for enough money to provide the services to break-even. He said when he saw brackets around hundreds or millions of dollars, it caused him concern. Commissioner Holm MOVED and Commissioner Braam seconded a motion to approve the draft ordinance prepared by the City Attorney and recommended forwarding it to the City Council for their approval and adoption. (Attachment A) SEEING NO FURTHER DISCUSSION, VICE CHAIRPERSON BORMAN CALLED THE QUESTION. THERE WERE 10 VOTES IN FAVOR OF THE MOTION AND ONE VOTE (REYNOLDS) AGAINST THE MOTION. VICE-CHAIRPERSON BORMAN DELCARED THE MOTION WAS PASSED 10-1. 2. DISCUSSION OF CHAPTER 3 Ms. Skogen reviewed Section 3.01.3, the change Commissioner Jorgenson recommended at the last meeting; that the City Council try to include the conference committee meeting schedule at the same time as the Council adopted their yearly calendar. 3. DISCUSSION OF CHAPTER 4 Ms. Skogen reviewed the changes she drafted in Chapter 4, based on review of state statute as requested at the last meeting. Section 4.08 shows the changes referencing a primary election which must canvas within two days of the election and changing the regular election to the general election, so it is similar to state law as well. Draft CHARTER COMMISSION MEETING OF APRIL 23,2007 PAGE 5 i—. 4. DISCUSSION OF CHAPTER 5 Chapter 5 was not discussed. 5. DISCUSSION OF FUTURE ITEMS Chapter 3,4 and 5 ADJOURNMENT: Commissioner Holm MOVED and Commissioner Ryan 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 8:15 P.M. Respectfully submitted, Debra A. Skogen, Cindy Soule, Secretary City Clerk/Staff Liaison Draft • Attachment A ORDINANCE AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER WHEREAS,The City of Fridley,Minnesota,under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter,has the power to amend its Charter; and WHEREAS,one method of amending its Charter is by Ordinance through the unanimous consent of its City Council; and WHEREAS, the City, through its Council, with the review and consent of its Charter Commission, has determined that current language of the charter related to restrictions on fee increases for utility services is causing deep and significant harm to the finances of the City and that a change in the Charter language is necessary to mitigate even further harm from being caused by the Charter to the City's finances. IT IS,THEREFORE,HEREBY ORDAINED THAT: The Charter of the City of Fridley, specifically Section 7.02, subsection 3,is hereby amended to read as follows: 3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For the purposes of this subsection, "fees" includes sales and use taxes, , recycling fees, gas and electric franchise fees and any other fee that produces a tax burden or direct financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152) For the purposes of this subsection, the term "fees" does not include: Utility charges, Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term"fees"also does not include rental housing fees, building permit fees, liquor license fees, the extension or transfer of cable television service authority to additional service providers for which fees are already being charged, fees for the operation of junk yards, annual license fees for the operation of pawn shops and other regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which,by law,must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. (Ref Ord 1152) There being five council members present and voting in favor of this Ordinance, it has been duly adopted this day of ,2007. Scott J. Lund,Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: n ,blication: 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. Most conference meetings should be scheduled at the same time as the City Council schedule is made by resolution. 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 cheese approve a Secretary to serve at its meetings. The Secretary shall prepare the journal of minutes of proceedings. The Secretary shall also prepare other records and perform Fridley City Charter—Chapter 3 other duties as may be required by this Charter or by vote of the Council. The Council may designate any official or employee of the City, except the City Manager or a member of the Council,to act as Secretary of the Council. (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 lees nays 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 .ttendance 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 2 Fridley City Charter—Chapter 3 recorded by ayes and flees nays. 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 byan emergencyordinance. (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 Fridley City Charter—Chapter 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)ten (10) years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The 4 Fridley City Charter—Chapter 3 codification shall be published in book or continuously revised loose-leaf form or stored by electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it shall be made available by the Council at the office of.the City Clerk for general distribution to the public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City Clerk, that the publication is correct, and each copy so published shall be received in evidence in all courts for the purpose of providing the ordinances contained in it, the same as if the original ordinances were produced in court. (Ref. Ord. 1074) 5 FR DLEY CITY CHARTER CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of the City of Fridley reserve to themselves the power,in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative,the referendum, and the recall,respectively. (Ref, Ord. 857, 1142) Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref Ord. 625, 1142) Section 5.03. FURTHER REGULATIONS. A lawful petition under this Charter may be submitted, signed and circulated upon an ordinance to be initiated,or upon an ordinance to be made the subject of a referendum or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota. Reasons stated in the proposed petition;are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 1 Fridley City Charter-Chapter 5 petition), a copy of any ordinance proposed, covered or affected, and all the signature papers and affidavits attached in support of the same. (Ref Ord 1142) 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of each group of signature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same purports to be and that each signer was affirmed as a registered voter at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. (Ref. Ord. 625, 857, 1142) 4. The insufficiency or irregularity of a petition,shall not prejudice the filing©f,any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref Ord. 625) 5. The Council may provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord. 625) 6. The City Clerk,upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625) INITIATIVE Section 5.04. INITIATION OF MEASURES. Any five (5)registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.01. Before circulating any petition the committee shall file a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: ." (Ref. Ord. 857, 1142) 2 Fridley City Charter-Chapter 5 �---. Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten percent (10%) of the total number of registered voters as of January 1st of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for=its-adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref Ord. 625, 857, 1142) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five (5) days after the filing of the completed petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) of the total number of registered voters, as of January 1st of that year. If the City ^ Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more 3 Fridley City Charter-Chapter 5 of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, 857, 1142) Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which was submitted to the Council by the City Clerk. If the Council fails to pass the;proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal'to at least fifteen percent (15%) of the total number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than forty-nine (49) nor more than sixty(60) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142) 4 Fridley City Charter-Chapter 5 .i-. Section 5.08. INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. (Ref Ord. 625, 857) Section 5.09. INITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth-in Minnesota Statutes.(Ref. Ord. 857, 914.) REFERENDUM n Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total number of registered voters as of January 1st of that year request that any such ordinance • be repealed or be submitted to a vote of the e eleettirs, the ordinance shall thereby be prevented from going into operation. (Ref Ord. 857, 1142) Section 5.11, REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided,in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a 5 Fridley City Charter-Chapter 5 ."—• copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of,the ordinance hereto attached and believing it to be detrimental to the welfare of the City,petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref Ord. 625, 857, 1142) Section 5.12. FILING OF REFERENDUM PETITIONS Within five (5) days after the'filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent (15°o) of the total number of registered voters, as of January 1St of that year. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty(30) days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office, no 6 Fridley City Charter-Chapter 5 �-. further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 1142) Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition; or 2. The petitioner's committee withdraws the petition; or 3. The council repeals the ordinance; or 4. Upon seven days after canvass of election is completed when a majority of those voting favors the ordinance. (Ref. Ord. 142) Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referenda petition is found to'be sufficient, the City Clerk n shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider The ordinance and either repeal it or by aye and no vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon, not less than 49 days nor more than 60 days after such meeting, or submit the ordinance of the next regular municipal election. (Ref. Ord. 1142) Section 5.15 REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. 7 Fridley City Charter-Chapter 5 Before circulating any petition, the committee shall-file with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall also attach a verified copy of said statement to each of the signature papers herein described, together with their names and addresses as sponsors thereof. »A verified copy of said statement shall be a copy to which the city clerk shall affix the"following words: "Proposed Recall Statement on File. Fridley City Clerk(Attest): Date: (Ref. Ord. 62.5,857, 1142) Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official,shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered'voters of the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of. . . from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein �-. sought to be recalled, desire the holding of a recall election for that purpose. 8 Fridley City Charter-Chapter 5 Name Address Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section. 5.18 FILING OF PETITION. Within thirty(30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The city Clerk shall examine the petition within the next five (5) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1 of that year,the City Clerk shall so notify one(1)or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in Which to file additional signature papers and to i—. correct the petition in all other respects,but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall'`be taken thereon. (Ref. Ord. 857, 1142) Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than forty-nine (49) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. (Ref. Ord. 1142) 9 Fridley City Charter-Chapter 5 Section. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord.857, 1142) Section 5.21. FORM OF RECALL BALLOT. Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the Council of the completed recall petition, the form of the ballot at such election shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be permitted to vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall (a majority voting "Yes"), the officer shall be promptly removed from office. The Council shall then fill the vacancy for the unexpired term in accordance with the City Charter,Section 2.06. If a majority of those voting on the question of recall vote against recall (a majority voting "No"), the officer shall continue in office with no further action equired. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, the Council shall declare the office vacant and shalt then fill the vacancy for the unexpired term in accordance with the City Charter,Section 2.06. (Ref. Ord. 857, 1142) Section 5.22, INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws,or statutes relating to such acts. (Ref. Ord. 625, 1142) 10 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. -_ •• -• - -• = -- - • -= : - Oen the first Tuesday after the first Monday in• November municipal general elections shall be held, at such place or places as the City Council may designate by resolution. Regulaf General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected,by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at 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 1 Fridley City Charter Chapter 4 every even numbered year, if necessary. 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 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 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. 2 Fridley City Charter Chapter 4 Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref. 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 and acknowledged to before me this day of , 3 Fridley City Charter Chapter 4 This petition, if found insufficient by the City Clerk, shall be returned to , at Number 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. If more than two candidates filed for office, the Council shall meet and canvass the primary election returns within two (2) calendar days after any primary election,. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall be certified by the city clerk to the County Auditor who shall place them on the municipal general election ballot without partisan designation. The Council shall meet and canvass the general (regular) election or special election returns within seven (7) calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used (e) the names of the judges of election; and (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) 4