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CHA 10/22/2007 IMJ TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: October 17, 2007 CITY OF Re: October 22, 2007 Charter Meeting FRIDLEY The next Charter Commission meeting will be held on Monday, October 22, 2007, in Meeting Room 1 in the lower level of City Hall at 7:00 p.m. Please find enclosed the agenda, minutes and working documents for the meeting. After reviewing Chapter 5 and the meeting minutes further, I felt the section relating to a referendum for a charter amendment could be placed in Section 5.12. It would be easier to place it there than to renumber every section of Chapter 5 after 5.14. Let me know your thoughts, as I can always go back and change it. Remember, the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, October 22nd 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. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, OCTOBER 22, 2007 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES September 24, 2007 3. Administrative Matters A. 2008 Calendar 4. Proposed Ordinance Amendment Chapters 1-4 (TABLED TO MARCH 2008) 5. Discussion of Chapter 5—terminology of pecuniary 6. Discussion of Chapter 6 7. Discussion of Future Items 8. ADJOURNMENT Next regular meeting: Monday, NOVEMBER 26, 2007, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING September 24,2007 CALL TO ORDER: Chairperson Borman called the meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam,Carol Hoiby,Bill Holm,Ted Kranz,Kathleen Linder,Leslie Plummer,Pam Reynolds,Noel Ryan,and Lois Scholzen Members Absent: Don Findell,Craig Gordon,Nancy Jorgenson,and Cindy Soule Others Present: Deb Skogen,City Clerk/Staff Liaison 1. APPROVAL OF AGENDA: Commissioner Braam MOVED and Commissioner Ryan seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF MAY 21,2007,CHARTER COMMISSION MINUTES: Commissioner Braam MOVED and Commissioner Linder seconded a motion to approve the May 21,2007,Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. ADMINISTRATIVE MATTERS Commissioner Reynolds MOVED and Commissioner Braam seconded a motion recommending the reappointment of Peter Borman to the Charter Commission. UPON A VOICE VOTE,ALL VOTING AYE,CHARIPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PROPOSED ORDINANCE AMENDMENT CHAPTERS 2-4 Chairperson Borman said there were minor changes in Chapters 2 to 4 as discussed last spring. Commissioner Holm MOVED and Commissioner Braam seconded a motion to table the ordinance until after the special election as the changes were of little significance and there was already a charter amendment on the ballot. Commissioner Reynolds asked if the amendment would go on the ballot in 2008. Deb Skogen said an ordinance was one way to amend the charter and it would be recommended to the City Council for their adoption. If the ordinance was adopted,the public would have 60 days to submit a petition,if there was no petition,the ordinance would become affective after 90 days. If there was a petition,it would then go to the voters. Chairperson Borman said a lot of the changes had more to do with the ease of read. CHARTER COMMISSION MEETING OF MAY 21,2007 PAGE 2 Chapter 4 has a few more changes due to the changes in election law. Commissioner Kranz said the changes were of little importance versus the amendment before the voters this fall. He felt in six months the election would be over and it might be a more appropriate time to recommend the changes to the City Council. Commissioner Reynolds felt the changes were minor or grammatical would most likely encounter no opposition. Chairperson Borman said while waiting six months,the Commission could continue their review of additional chapters of the Charter. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARE THE MOTION CARRIED UNANIMOUSLY AND THE ORDINANCE AMENDMENT WILL BE POSTPONED UNTIL THE MARCH,2008, CHARTER MEETING. 5. DISCUSSION OF CHAPTER 5 Commissioner Braam asked if there were any concerns about Chapter 5. Commissioner Holm said he and Commissioner Findell worked on this Chapter when they first were appointed to the Charter Commission. He said it took one or two years to work on the chapter prior to the City Council adopting an ordinance amending Chapter 5 and was glad to see Commissioner Braam felt it did not appear to need any changes. Commissioner Reynolds wondered what the word pecuniary meant on page one in Section 5.02. Bill Holm thought it might be monetary or something similar. Deb Skogen will look up the definition and bring it to the next meeting. Commissioner Plummer wondered who verified if an individual was a registered voter when they sign a petition. Deb Skogen said she did by going on to the State Voter Registration System. Commissioner Plummer asked what happened if someone signed a petition who was not a registered voter. Deb Skogen said their signature would not be included in the number of signature needed for a sufficient petition. She said the City received a petition which had 326 signatures,of which 286 were found to be valid signatures;214 signatures were needed to make it a sufficient petition. Valid means they were registered,active voters with the same name and address on the petition. Invalid signatures are individuals who are inactive in the State Voter Registration System,or are not registered with the same name or address listed on the petition. Commissioner Reynolds wondered how often the database was updated. Deb Skogen said it is updated daily. After an election,the individuals who registered on election day are entered and the county usually has until February to enter their names. At the end of February a purge is done of individuals who have not voted in four years. Chairperson Borman wondered if the dollar amount in Section 5.02 had significance. Deb Skogen was not sure what it was for and provided information on campaign fmancing. After further discussion it was determined it had to do with the committee circulating a petition and the dollar amount was small to allow the committee to make copies of the petition or information and to keep individuals from providing a monetary reward to individuals signing or circulating the petition.. Chairperson Borman wondered about the number of signatures needed and if it was a state requirement. Deb Skogen said it was different and set by City Charter. She explained the process of initiative,referendum and recall and the number of signatures needed for each action versus a charter amendment which requirements were set by state statute. Chairperson Holm felt under the Referendum section there should be a section pertaining to a charter amendment similar to the initiative section. CHARTER COMMISSION MEETING OF MAY 21,2007 PAGE 3 Commissioner Kranz wondered about all of the different numbers,i.e.,49 days,60 days,25%, 10%,2%,and 15%, which were confusing if you are not familiar with the language. Deb Skogen said the Charter should be amended where ever it states 49 days to 53 days because state law has changed since 2000 which requires the city to notify the county not less than 53 days prior to every municipal election. Those changes would appear in Sections 5.07,5.14,and 5.19. Bill Holm said the logic in recalling an elected official should require a larger percentage of people signing the petition to avoid subjecting elected officials being recalled by a small minority as that individual was theoretically voted in by a majority of the voters. He said in the case of an initiative where voters may want to see something enacted requires a lower standard with 10%. Commissioner Kranz wondered what this year's special election would cost. Deb Skogen said it would cost about $15,000.00. She was trying to keep staffmg costs down by having a paper ballot and scheduling 6 judges in each precinct. She said the City is required by state law to have all precincts open,unlike school districts that can combine. Commissioner Hoiby said the school board was the only thing on the ballot for November 6`h. Deb Skogen said yes, that was correct. The School Districts(11, 14 and 16)had adopted their resolutions declaring the polling locations in August,prior to the city receiving the referendum petition,which is why the City declared a different date for the election,as the school districts would have had to adopted a new resolution and notify all of the voters in the City of the change in their polling location. The City felt it would be easier this way and it would keep the costs down. Bill Holm MOVED and Commissioner Braam seconded a motion to amend Chapter 5 as follows: Section 5.14 FILING OF REFERENDUM PETITIONS FOR CHARTER AMENDMENTS The requirements for the purpose of petitioning for a referendum repealing a charter amendment are set forth in Minnesota Statutes. and renumber each section thereafter. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. The Commission further discussed the word pecuniary. Commissioner Holm felt the intent of the language did not include legal expenses and that pecuniary or otherwise was to cover copying or printing costs of the petition. In 1959 the amount was not to exceed$50 and in 1974 it was changed to$200. Commissioner Braam suggested changing the sentence to separate legal advice from other expenses. Chairperson Borman wondered why there was a dollar limit in the charter for circulating a petition. He understood they could not hire people to circulate the petition,but why was there a limit? Commissioner Holm said the language could be changed to,"from incurring an expenses related to stationery, copying,printing,and notary fees without a dollar amount because you have then identified those are the only expenses they could incur. Deb Skogen said without some type of limit,someone might print up a brochure to hand out when they were circulating the petition which would cost more money. Commissioner Reynolds wondered if the first sentence of Section 5.02 could be split up as it appeared to wander or go on and on. It was determined to change it as follows: "...with the circulation thereof. but This shall not prevent the committee from paying for legal advice;and from incurring..." Chairperson Borman continued to ask why you can't spend more than x amount of dollars if they would be circulating a petition and they want supporting materials to be provided. CHARTER COMMISSION MEETING OF MAY 21,2007 PAGE 4 Commissioner Holm said,for example,if he wanted to initiate an ordinance requiring the City to spend additional money for something,and that if he and his committee wanted to spend$50,000 to flood the city to get people to sign the petition,it would be okay if there was no limit set in the Charter. Commissioner Braam said what if garbage hauler XYZ wanted the city to adopt an organized garbage collection allowing only one hauler and spent$50,000 on brochures to accompany the people coming to the doors. He said the money would be well spent to become the only garbage company in the city. He said the way it was currently written prohibited that kind of conduct. Everyone agreed the charter's intent would prohibit that behavior. Commissioner Hoiby wanted to know if the dollar amount should remain the same or change. Commissioner Braam said it could be increased somewhat,but it shouldn't be taken out,that the intent was to prevent a lobbying effort during circulation of the petition. The Commissioners agreed and determined the fee would remain the same. 6. DISCUSSION OF FUTURE ITEMS The Commission would continue to discuss Chapter 5 and begin Chapter 6 at the next meeting. ADJOURNMENT: Commissioner Holm MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:04 P.M. Respectfully submitted, n Debra A. 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'�,"rt!.5 j Ky, , §�`'�S' d '' :�® '%n ' „$ "V. q D .1' '{ �. 'I r , '$: .mf...,dv.l�,ttnC•,L'{u`�x�.d�'�-+�ft?� � ,mt,t,u 1 fst �":4"�1�T: �`,��3� �,L �, � Bdr�1 '�,4 hr p� �. �u j�„I-' �i' . ,h:: ':m,:� � .i.'• 7��t�s.'�����.xr,.;S#ai��.�i��.r�t`•� • •`.�'. M ' .:..� y �+� • ,v all.VI L11. L.11L.JL h 1 L1. liar VV11L.J VA L11. 4i/i/L.l a1111{4114 J11V41L4�.a alai rV-Y,-Y-..,•-V•Y•• \1Y,r4-' iI 1 ,ll, +I. of which there are two on each side in man pe-'di-a-\ n : a speci I it I 'h` pec•u•late \'pek-ya-,lat\ vt -lat•ed; -lat•ing [L peculatus, pp. of pe•di•at•rics\,ped-e-'a I peculari, fr. peculium] : EMBEZZLE — pec.u.Ia•tion \,pek-yo--'1a- of medicine dealing 1 "4 1 i 1 !;' I�shan\ n — pec•u•la•tor V'pek- a-,lat-ar\ n children ipe•Cu•liar \pi'kyiil-yar\ adj [ME peculier, fr. L peculiaris of ped,.cab\'ped-i-,kab\ ` ,', ��, •i ! private property, special, fr. peculium private property, fr. pecu hooded passenger vet 1 I ' cattle; akin to L pecus cattle — more at FEE] 1 : belonging ped.i.cel \ped-a-,sea\ II exclusively to one person or group 2 : felt to be characteristic of : a slender basal par fI !f',.I'�'III I1 : SPECIIAL,PARTICULAR b :• different t cry ECCENTRIC.QUEER syn see see plant ORYMB it ustratio ' II ,I j, CHARACTERISTIC,STRANGE— pe•cu•liar•Iy adv abdomen of an ant) c I ' I 2peculiar n : something exempt from ordinary jurisdiction; esp or footlike organ — I 1�I I rt' : a church or parish exempt from the jurisdiction of the ordinary ' p p y ped•i•cle\ppeed-i-kal\ , , 'II '� in whose territory it lies ped.i.cled \-kaldN j , 'Ii i6, pe.cu.liar.i.ty \pi-,kyiil'yar-at-e, -lkyii-le-'ar-\ n, p1 -ties 1 : the pe•dpc•u•late \pi'dik- i 1 quality or state of being peculiar 2: a distinguishing characteris- : of or relating to an c I I,ii I II h ) tic 3 : ODDITY,QUIRK jugular ventral fins, p !' pe.cu.ni.ary \pi'kyii-ne-.er-e\ adj [L pecuniarius, fr. petunia and part of the dorsa It I 1 ` ; money — more at FEE] 1 : consisting of or measured in money pe•dic•u•lo•sis \pi-1dil t 2 : of or relating to money : MONETARY syn see FINANCIAL — : infestation with lice 1 ( pe.cu.ni.ari.ly \-,kyii-ne-'er-a-le\ adv pe.dic.u.lous \pi'dik it+ ped \'ped\ n [Gk pedon ground; akin to L ped-, pes foot — more : infested with lice : I I( i I at FouT] : a natural soil aggregate ped.i.cure \'ped-i-,kyi H Ip J PED abbr doctor of physical education curare to take care, fl J I ped- — see PAED- practices chiropody I 11111 -ped \,ped also pad\ or -pede \,pped\ n comb form [L ped-, pes] : a single treatment c jI : foot <maxilliped> <maxillipede> ped.i.gree \'ped-a-,gre Rj ' II,' ped•a•gog•ic\,ped-a-'gaj-ik,'goj-\ adj: of,relating to,or befitting foot; fr. the shape m, r- % j a teacher or education — ped•a•gog•i•cal \-i-kal\ adj — ped•a- a register recording i i I : gog•i•cal•ly \-i-k(a-)le\ adv : LINEAGE b : the or I 1 I pp, ped•a•gog•ics \-iks\ n pl but sing in constr : PEDAGOGY distinguished ancestr∎ M'i ped•a•gogue also ped•a•gog \'ped-a-,gag\ n fME pedagoge, fr. individual or strain - II 4 '1 MF, fr. L paedagogus, fr. Gk paidagogos, slave who escorted ped.i.ment \'ped-a-m; ' children to school,fr.paid- paed- + agogos leader,fr. agein to lead periment, prob. alter. i — more at AGENT] : TEACHER,SCHOOLMASTER 1 : a triangular spa 1,i j ped.a.go.gy \'ped-a-,goj-e also -,gaj-1 esp Brit -,gag-\ n : the art, gable of a 2-pitched science, or profession of teaching; esp EDUCATION 2 architecture; also : d ' tped•al\'ped-al\ n [MF pedale, fr. It,Tr. pedalis, adj.] 1 : a lever used as a decoration j pressed by the foot in the playing of a musical instrument (as an gently sloping bedroc I ,, organ or piano) 2 : a foot lever or treadle by which a part is low relief that is situat+ ! ,��I 4 activated in a mechanism a steeper slope and * + YI I .i;� 2ped.al adj [L pedalis, fr. ped-, pes] 1 \'ped-al also sped-\ : of or covered with alluvial 1 �, relating to the foot 2\ped-\: of, relating to, or involving a pedal — ped•i•men•tal \ ll �` 1 3ped.al \'ped-4\ vb ped.aled also pedalled; ped•al•ing also adj ped.al.ling \'ped-al-iij, 'ped-liij\ vi 1 : to use or work a pedal 2 pedi•palp \'ped-a-,pall I' : to ride a bicycle vt • to work the pedals of palpus, fr. ped-, pes I ±`I Ili I1I! I pedal disk n : the base by which a coelenterate polyp (as a sea : either of the second � ,Il w II r: anemone) is attached to the substrate ages of an arachnid (a pe.dal.fer \pa-'dal-far, -,fe(a)r\ n [Gk pedon ground + E a/umen are borne near the mo i;. I; + L ferrum iron] : a soil that lacks a hardened layer of sensory) function accumulated carbonates — ped.al.fer.ic \,ped-(.)al-fer-ik\ 'adj ped•lary or ped.dlery i pedal–note \'ped-al-,not\ n [fr. the playing of the lowest notes on chandise 2 archaic : ,I the organ by means of pedals] 1 : PEDAL POINT 2 : one of the pedo- — see PAED- ' II ' h 1�11� lowest tones that can be sounded on a brass instrument being an ped.o.cal \'ped-a-.kal\ q i` octave below the normal usable range and representing the more at PED.CHALK] I `II 1 fundamental of the harmonic series of accumulated carboi i II 1 1 ��� pedal point n : a single tone usu. the tonic or dominant that is tpe•do•gen•e•sis \.ped I� �' I 'Ij i I normally sustained in the bass and sounds against changing 2pedo.gen.e.sis \,ped i I c4 Ir ,• harmonies in the other parts genesis] : the formati( r pedo.ge pedal pushers n pl : women's and girls' calf-length trousers \-'jen-ik\ or pedo• e '' , i 1;! 1 i pedant \'ped-ant\ n [MF, fr. It pedante] 1 obs : a male school- tped•o•log•ic \.ped-al 3: 1 � l teacher 2 a : one who parades his learning b : one who is relatingg to soil science , unimaginative or who unduly emphasizes minutiae in the presenta- 2pe.do.log.ic \.ped-al': ' t' 1 1 h" tion or use of knowledge c: a formalist or precisionist in teaching relating to child study .' ;� pe•dan•tic \pi'dant-ik\ adj 1 : of, relating to, or being a pedant ipe•dol•o•gist \pe-'dal. 2 : narrowly, stodgily, and often ostentatiously learned <--- 2pe.dol.o.gist \pi'dal- 1 ; + t' concern with detail> — pe.dan.ti.cal.ly \'dant-i-k(a-)1e\ adv ipe•dol•o•gy \pe-'dal-a :I' ii ( i syn PEDANTIC. ACADEMIC, SCHOLASTIC. BOOKISH shared meaning of the life and develoi I element : too narrowly concerned with learned matters 2pe.dol.o.gy \pi'dal-a 1 11 ped.ant.ry \'ped-an re\ n, p1 -ries 1 : pedantic presentation or science dealing with si i ,i -t , I ; I I application of knowledge or learning 2 : an instance of pedantry pe.dom.e.ter \pi'dam =y 1 I peddle \'ped-al\ vb ped.dled; peddling \'ped-liij, -al-ig\ [back= + F -metre -meter— formation fr. peddler, fr. ME pedlere] vi 1 : to travel about with form that records the c ;1. + wares for sale; broadly : SELL 2 : to be busy with trifles : PIDDLE body motion at each 1 1 , , ,, Vi 54e(5 New &11 ;Ate p‘dimia., ,, _ pecuniary- Definitions from Dictionary.com Page 1 of 4 P Premium Content Register I Log In I Help Qilctionary.com ---pecuniary Search Dictionary Thesaurus Encyclopedia All Reference The Web fir >rve Search pecuniary �5�nu., � i •��� S+ Live is good. pegunlary,. ADVERTISEMENT 6 results for: pecuniary , (Browse Nearby Entries) hv Sponsored Links „Zon't Blow It Now {• • Late. You've Finished Writing. Check That Essay One More Time! ,roofWriter.ETS.org Terry&Slane PLLC Personal Injury Attorneys Serving The Twin Cities www.terryandslane.com Which city Dictionary.com Unabridged(v 1.1)- Cite This Source - Share This has the pe•Cu•ni•ar•y 0 4))) [pi-kyoo-nee-er-ee] Pronunciation Key-Show IPA smartest people? Pronunciation -adjective Seattle 1. of or pertaining to money: pecuniary difficulties. le Dallas 2. consisting of or given or exacted in money or monetary New York payments: pecuniary tributes. 3. (of a crime, violation, etc.) involving a money penalty or fine. see if you're right a [Origin: 1495-1505; < L pecaniarius, deriv. of pecania property, money (pecan-, deriv. of peca flock (see PECULIAR), with -On-as in tribana TRIBUNE, fortana FORTUNE, etc. + -ia-IA); see -ARY] —Related forms n 3e Cu •ni•ar•i•ly " )) [pi-kyoo-nee-air-i-lee] Pronunciation Key- Show IPA Pronunciation, adverb http://dictionary.reference.com/browse/pecuniary 10/16/2007 pecuniary- Definitions from Dictionary.com Page 2 of 4 —Synonyms 1 , 2. See FINANCIAL. ADVERTISEMENT Dictionary.com Unabridged(v 7.7) Based on the Random House Unabridged Dictionary, ©Random House, Inc. 2006. Related Ads: Definition of Diversity American Heritage Dictionary- Cite This Source - Share This Criminal Law pe•cu•ni•ar•y 4)) (pi-kyoo'ne-er'e) Pronunciation Key Definition adj. Dictionary Definition 1. Of or relating to money: a pecuniary loss;pecuniary motives. Syphilis Definition 2. Requiring payment of money: a pecuniary offense. Word Definition [Latin pecuniarius, from pecunia, property, wealth; see peku- in Free software! Get instant Indo-European roots.] dictionary, thesaurus, and encyclopedia access from (Download Now or Buy the Book) most Mac and Windows The American Heritage 0 Dictionary of the English Language, Fourth Edition programs. Copyright©2006 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. � Indicates premium content, which is '' Online Etymology Dictionary- Cite This Source - Share This available only to pecuniary subscribers. 1 502, from L. pecuniarius "pertaining to money," from pecunia "money, property, wealth," from pecu "cattle, flock," from PIE base *peku- (cf. Skt. pasu- "cattle," Goth.faihu "money, fortune," O.E.feoh "cattle, money"). Livestock was the measure of wealth in the ancient world. For a related sense development in O.E., see fee. Cf. also Welsh t/ws "jewel," cognate with Ir. tlus "cattle," connected via notion of"valuable thing." Online Etymology Dictionary, ©2001 Doug/as Harper WordNet- Cite This Source - Share This pecuniary adjective relating to or involving money; "monetary rewards"; "he received thanks but no pecuniary compensation for his services" [syn: monetary] WordNet®3.0, Co. 2006 by Princeton University. Merriam-Webster's Dictionary of Law- Cite This Source - Share This http://dictionary.reference.com/browse/pecuniary 10/16/2007 pecuniary-Definitions from Dictionary.com Page 3 of 4 Function: adjective ■ : consisting of, measured in, or relating to money <pecuniarydamages> 1 Merriam-Webster's Dictionary of Law, n 1996 Merriam-Webster, Inc. Dictionary.com Word of the Day Archive - Cite This Source - Share This pecuniary pecuniary was Word of the Day on February 3, 2002. Dictionary.corn Word of the Day View results from: Dictionary I Thesaurus I Encyclopedia I All Reference the Web Share This: j D ® 6, 4 l n r#* n 0 "VI: 1., \J.* ii r i I, • SLAP Find Out Your Crush's Name! ADVERTISEMENT Perform a new search, or try your search for "pecuniary" at: Amazon.com - Shop for books, music and more Reference.com - Encyclopedia Search Reference.com - Web Search powered by Google Thesaurus.com - Search for synonyms and antonyms Get the Dictionary.com Toolbar for your browser - FREE download! From the makers of Dictionary.com http://dictionary.reference.com/browse/pecuniary 10/16/2007 FRIDLEY 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-- Ord.625, 1142) Section 5.03. FURTHER REGULATIONS. 1. 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 of 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. P"-• 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 itay 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 fiery acted upon by the Council not later than sixty-five (65) days after the date upon which it 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) fifty-three (53) 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 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 (6 0) 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 eltors, 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 r 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,o£the ordinance hereto attached and believing it to be detrimental to the welfare o£.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 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purpose of petitioning for a referendum repealing a charter amendment are set forth in Minnesota Statutes. 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE 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%) of the total number of registered voters, as of January 1st of that year. If 6 Fridley City Charter-Chapter 5 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 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. 1142) Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk 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 e nine(49) fifty-three (53) nor more than 60 days after such meeting, or submit the ordinance at 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. 7 Fridley City Charter-Chapter 5 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. 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: Fridley City Charter-Chapter 5 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. 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 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 (^9) fifty- three (53) nor more than sixty (60) days after such meeting, but if any other election is to occur 9 Fridley City Charter-Chapter 5 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) 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 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 required. 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 shall 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 6. ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the Council solely on the basis of training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the council at any regularly scheduled meeting provided at least three (3) members of the Council vote for the removal. (Ref. Ord. 790, Ord. 857) Section 6.02. POWERS AND DUTIES OF THE CITY'MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council, the City Manager shall control and direct the administration of the City's affairs. The City Manager's powers and duties shall be: (a) To enforce this Charter and the laws, ordinances and resolutions of the City; (b) To appoint with the consent and approval of.the Council all subordinate officers and employees; (c) To remove any subordinate officer or employee,provided that the Council is notified; (d) To exercise control over all departments and divisions of the City administration created by this Charter or which may hereafter be created by the Council; (e) To attend all meetings of the Council, with the right to take part in the discussions but having no vote; but the Council may at its discretion exclude the City Manager from meetings at which the City Manager's removal is considered; (f) To recommend to the Council for adoption such measures as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised as to the financial condition and needs of the City, and to 1 prepare and to submit to the Council the annual budget; (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857) Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter the powers and organization of the same. It may enact in the form of an ordinance such administrative code for the City as may seem necessary and may amend the same from time to time. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s). The City Clerk shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and general administration of the City's affairs as shall be ordained by the Council. The City Clerk may be designated to act as ^ Secretary of the Council. The Council may combine the duties of various offices as it may see fit. (Ref. Ord. 625, Ord.790,Ord. 857) Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All contracts,bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City Manager, and shall be executed in the name of the City. (Ref Ord. 625) Section. 6.06. CONTRACTS,HOW LET. In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes, unless the Council shall by an emergency ordinance otherwise provide, the 2 City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State Statutes as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. (Ref Ord 1153) Section. 6.07. FURTHER PURCHASE REGULATIONS. Further regulations for the making of bids and the letting of contracts may be made by ordinance, subject to the provisions of this Charter. 3 2007 Attendance Record Jan Feb Mar Apr May Sept Oct Nov Peter Borman Y/P Y/P P Y/P Y/P Gary Braam P Y/P Y/P P Y/P Donald Findell A N A A Y/P Craig Gordon P P A N/A ?/P Carol Hoiby Y/P Y/N Y/P N/A P j f William Holm N Y/P Y/P _ Y/P Y/P `j f, Nancy Jorgenson N Y/P Y/P A Y/A Mary Kirkwood Y/P Y/P N Y/P Y/P Ted Kranz N N Y/P Y/P N Kathleen Linder Y/P A Y/P Y/P Y/P y Leslie Plummer Y/P A Y/P P Y/P Q Pam Reynolds Y/P N Y/P Y/P N y Noel Ryan N Y/P Y/P Y/P N i) Lois Scholzen --- Y/P P Y/P A Cynthia Soule N Y/P N Y/P N March Mtg Cancelled no Quorum C/P—Called and Attended Meeting C/N—Called unable to attend P-No call,but attended meeting A-No call and did not attend meeting