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CHA 10/27/2008 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, October 27, 2008 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 2, Lower Level 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES 4. Administrative Matters 5. Discussion of Chapter 11 6. Discussion of Chapter 12 7. Discussion of Future Items 8. ADJOURNMENT Next Regular Meeting: Monday, November 24, 2008 at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING September 29,2008 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman,Gary Braam,Carol Hoiby,Ted Kranz,Rick Nelson,Leslie Plummer,Noel Ryan,Cindy Soule and Lois Scholzen Members Absent: Don Findell,Bill Holm,Nancy Jorgenson,Mary Kirkwood and Pam Reynolds Others Present: Deb Skogen,City Clerk/Staff Liaison 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. APPROVAL OF MAY 19,2008 CHARTER COMMISSION MINUTES: ••• Chairperson Borman suggested changing the language in third paragraph,last sentence from,but rather than to "strong mayor"to but rather than to"council manager." The third sentence in the last paragraph on page two did not appear to make sense. Commissioner Ryan MOVED and Commissioner Nelson seconded a motion to amend the language as follows: "Currently staff does what the city council requests;but under a strong mayor,the mayor could control pet projects that may not be in the best interest of the City. By having staff complete the work of the council,it takes the politics out of the work or project." Commissioner Ryan MOVED and Commissioner Nelson seconded a motion to approve the amended May 19,2008 Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS Chairperson Borman introduced Keith Shaw and let the Commissioners ask him questions. He said he became interested after talking with Mayor Lund and felt it would be a learning experience. He said he grew up in Fridley and described his background. Commissioner Soule MOVED and Commissioner Braam seconded a motion recommending the appointment of Keith Shaw to the Charter Commission to the Chief Judge of the 10th Judicial District. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Draft CHARTER COMMISSION MEETING OF SEPTEMBER 29,2008 PAGE 2 2. DISCUSSION CHAPTER 7 At this time there is only one correction to Chapter 7 on page 1 changing least to less under Section 7.02.1. 3. DISCUSSION CHAPTER 8 Skogen said she made some changes to Section 8.05 based on the minutes,but wanted the Commissioners to review the language. After some discussion it was agreed Section 8.05.1.should be changed as follows: "Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract •• ! !!! whose total exceeds the amount allowable under Minnesota State Statutes shall require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a public works department under competent supervision and provided with suitable equipment. 4. DISCUSSION OF CHAPTER 9 It was agreed there was no need to change Chapter 9. 5. DISCUSSION OF CHAPTER 10 Chairperson Borman asked if the Cable Franchise was the only franchise and Ms. Skogen stated yes,that was correct. She said the ability to have a gas and electric franchise was adopted by the City Council in 1999;however, the ability to assess a fee to these franchises was removed by the special election in 1999 by the citizens. Chairperson Borman asked for the proper definition of franchise. The Commission referred to the definition in Section 10.01 of the Charter. Part of the fee from the franchise agreement with the Cable company provides free public access. After further discussion it was agreed no changes appeared to be needed at this time. 6. FUTURE AGENDA ITEMS Commissioner Nelson asked who the legal newspaper for the City of Fridley was and whether or not it could be done electronically. Deb Skogen said the official paper was the Fridley Sun Focus and the Star Tribune was the back-up. The Commission had discussed the issue with discussion of Chapter 3. After the changes have been provided to the Commission,the Commissioners may want to revisit this issue. In addition,discussion of chapters 11 and 12. Deb Skogen suggested the Commission also possibly address electronic meeting or teleconferencing. ADJOURNMENT: Commissioner Ryan 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 7:58 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby,Secretary n n City Clerk/Staff Liaison Draft ,.� FRIDLEY CITY CHARTER CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.01. CONSTRUCTION,ACQUISITION AND OPERATION OF UTILITIES. The City shall have power to acquire public utilities as provided in Chapter 9 (Eminent Domain) of this Charter and to build and construct such utilities as may be authorized by at least sixty percent (60%)of the votes cast on the issue at a regular or special election. For purposes of this section, public utilities shall include water works, district heating systems, gas, light, power, heat, wireless or other communication services, or any other product or service the public provision of which the City Council, by ordinance, shall determine to be in the interest of its citizens. (Ref. Ord. 1100) Section 11.02. RATES AND FINANCES. Upon recommendations made by the City Manager, or upon its own motion, the Council shall have the power to fix all rates and charges for all utilities provided by plants owned by the City,but such rates and charges shall be just and reasonable. In like manner the Council may prescribe the time and manner in which payments for all such services shall be made and make such other regulations as may be necessary, and may prescribe penalties for violations of such regulations. Section 11.03. PURCHASE IN BULK. The Council may, in lieu of providing for the local production of gas, electricity, water and other utilities,purchase the same in bulk and resell them to local consumers at such rates as it may fix. Section 11.04. CITY TO PAY FOR SERVICES. The Council shall make a reasonable charge, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for supplying the City with water, and shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Fridley City Charter—Chapter 11 Section 11.05. LEASE OF PLANT. The Council may, if the public interest will be served thereby, contract with any responsible person, co-partnership or corporation for the operation of any utility owned by the City,upon such rentals and conditions as may be deemed necessary,but such contract shall be embodied in and let only by an ordinance approved by an affirmative vote of at least(4)members of the Council. In no case shall such contract be for a longer term than ten(10)years. The contractor shall be subject as far as possible to the rules as to rates and service, and as to the Council control,laid down for the holders of franchises in Chapter 10 (Franchises and Public Utilities)of this Charter. Section 11.06. PUBLIC UTILITY,HOW SOLD. No public utility owned by the City, whether acquired prior to the adoption of this Charter or thereafter, shall be sold or otherwise disposed of by the City,unless the full terms of the proposition of said sale or other disposition thereof, together with the price to be paid therefore, shall be embodied in an ordinance passed by an affirmative vote of at least four(4)members of the Council, and submitted to the electorate at a general or special election and approved by at least sixty percent (60%)of those voting thereon. (Ref. Ord. 857) Section 11.07 MUNICIPAL UTILITY ORGANIZATIONS 1. The Council by majority vote may provide for the establishment of a separate department to administer the utility function, including the regulation of privately owned and operated utilities and the operation of municipally owned utilities. Such department shall keep separate financial and accounting records for each municipally owned and operated utility and prior to the first day of each fiscal year shall prepare a comprehensive report of each utility in accordance with the City Manager's specifications. (Ref. Ord. 857) 2. The responsible department or officer shall endeavor to make each utility financially self-sustaining, unless the Council shall by ordinance adopt a different policy. After providing for depreciation accruals and amortization of bonds, and for reasonable accumulation of surplus, the utility shall apply all annual profits above bond interest to rate reductions, particularly for promotion of utilization and for advancement of the economic Page 2 10/05/89 Fridley City Charter—Chapter 11 r and social interests of other municipal functions and shall not be used directly or indirectly as a general revenue-producing agency for the City, but it may pay to the City such property and other taxes as are normally placed upon private business enterprises. Section 11.08. COMMISSION AT DISCRETION OF COUNCIL The commission membership, organization, rules and regulations, officers, salary, jurisdiction, powers, disbursements, reports and abolition of the commission will be at the discretion of the Council by a majority vote. Page 3 10/05/89 FRIDLEY CITY CHARTER ,•� CHAPTER 12. MISCELLANEOUS PROVISIONS Section 12.01. OFFICIAL PUBLICATIONS. The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections,ordinances,resolutions, requests for bids upon contemplated purchases and contracts, and all o matters whatsoever which require publication either by the provisions of this Charter or laws of Minnesota. It shall annually designate a legal newspaper of general circula °' in the City as the official newspaper in which shall be published such measures and as are by the ids of this State and this Charter required to be so published, and such = r matters as the Council may deem it advisable and in the public interest to have published thismanner. The Council may in its discretion, in addition to the publications required by this Ch ;r, provide for the publication of the annual budget, Ordinances, resolutions, election notices, and such,other measures and matters as it may deem wise,by mailing or posting of*Pewanlen,mimeographs or printed copies thereof upon bulletin boards located in public places of the-City in lx akanber and for such period of time as the Council may direct in each,case. Nothing her °contained shall be construed as authorizing or attempting to authorize any iiolation of the Constitution or the Statutes of the State in any matter which is of State cone- which isaaclusively under State control. Section 1202.12.02„..pliftleiTY OF' ECORDS. records and accounts of every office, department or agency of the City shall be open to inspection bytany citizen, any epresentative of a citizens' organization or any representative of the press at all reasonable timund under reasonable regulations established by the City Manager and approved by the City council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. Section 12.03. OATH OF OFFICE. Every officer of the City shall, before entering upon the duties of the office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear(or affirm)to support the Constitution of the United States and of the State of Minnesota and to discharge Page 1 Fridley City Code—Chapter 12 .-� faithfully the duties devolving upon me as (Mayor, or Councilmember, or City Manager, etc.) of this City to the best of my judgement and ability." (Ref. Ord. 857) Section 12.04. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS. No member of the City Council or employee of the City shall solicit or receive any pay, commission, money,thing of value, or derive any profit, directly or indirectly, from or by reason of, any improvement, alteration or repair required by authority of the City, or any contract to which the City shall be a party, except lawful compensation, including authorized expenditures, or salary as such member of the City Council or as such employee. No member of the City Council or employee of the City, except as otherwise provided in this Charter, or by law, shall solicit, accept or receive, directly or indirectly, from any public utility corporation or the owner of any public utility or franchise, any pass, frank, free ticket, free service, or any other favor, upon terms more favorable than those granted the public generally. A violation of any of the provisions of this Section shall disqualify the offender, if found guilty, from continuing in office or in the employment of the City, and the offender shall be removed therefrom. Any contract with the City in which any member of the City Council or employee of the City is, or becomes, directly or indirectly interested personally shall be voidable at the option of the Council; and any money which shall have been paid on such contract by the City may be recovered from any or all of the persons interested therein by joint or several action. (Ref Ord. 857) Section 12.05. OFFICIAL BONDS. The offices of City Manager, the City Clerk and City Treasurer and such other officers or employees of the City, as may be provided for by ordinance, shall each, before entering upon the duties of their respective offices or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the City Council and approved as to form by the City Attorney. They shall be filed with the Secretary of the Council. In the event the Secretary of the Council holds more than one (1) office by appointment, the Secretary's bond or bonds shall be filed with the Mayor. The provisions .-r of the laws of the State relating to official bonds, not inconsistent with this Charter, shall be complied with. The premiums on the corporate surety bonds hereinbefore provided for shall be Page 2 Fridley City Code—Chapter 12 paid by the City. (Ref. Ord. 857) Section 12.06. SALES OF REAL PROPERTY. No real property of the City shall be sold or disposed of except by ordinance. The proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose; but if there be no such outstanding indebtedness, then the Council may by a resolution adopted by an affirmative vote of at least four (4) members of the Council designate some other public use for such proceeds. Section 12.07. VACATION OF STREETS. The Council shall have the exclusive power, by resolution passed by a vote of at least four (4) members of the Council, to vacate or discontinue highways, streets, easements, and alleys within the City. Such vacations may be made only after notice and hearing of affected property owners, and upon such further terms and by such procedure as the Council may by ordinance prescribe. A record of each such vacation shall be filed in the office of the Anoka County Recorder. (Ref Ord. 592, Ord. 1090) Section 12.08. DAMAGE SUITS. 1. No action shall be maintained against the City on account of any injuries or damages to persons or property, unless such action shall be commenced within one (1) year from the occurrence of such injury or damage, nor unless notice shall have been given in writing as required by Minnesota Statutes. (Ref Ord. 873) 2. No action shall be maintained against the City on account of injuries or damages to persons or property resulting from or caused by any accumulation or deposit of ice or snow on any public street, sidewalk,building, or place. Section 12.09. RECOVERY OF JUDGEMENT FOR DAMAGES. If any judgement shall be recovered in any action against the City for any injury or damage caused by any obstruction, excavation, opening or defect in any street or alley or public ground caused or occasioned by the act or omission of any person or corporation, the City shall have the Page 3 Fridley City Code—Chapter 12 right to recover the amount of any such judgement from the person or corporation so responsible for such obstruction, excavation, opening or defect; and such person or corporation is hereby declared to be liable to the City in the amount of such damages, provided, however, the City shall give such person or corporation notice of any claim for such injury or damage and of any action to recover for the same and shall give such person or corporation the right and reasonable opportunity to defend such action. Section 12.10. CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER MUNICIPALITY The City of Fridley shall remain vested with and continue to have, hold and enjoy all property, property rights, rights of action, and rights of every kind, privileges and immunities now belonging to or pertaining to the Village of Fridley, and shall be subject to all liabilities which exist against said Village on the effective date of this Charter. Section 12.11. APPLICATION OF GENERAL LAWS. All general laws and statutes of the State applicable to all cities operating under home rule Charters, or applicable to cities of the same class as the City of Fridley operating under home rule Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Fridley and shall be construed as supplementary to the provisions of this Charter. The City shall have all powers and authority granted by the laws of the State to municipalities to acquire property or exercise authority or powers beyond the corporate limits. All powers by this Section conferred shall be exercised conformably to this Charter so far as may be possible, and such authority and power shall not authorize the City to incur any bonded debt beyond the limitations, or in any other manner than authorized by this Charter. Section 12.12. EXISTING ORDINANCES, REGULATIONS, BOARDS AND COMMISSIONS CONTINUED All ordinances, regulations, boards and commissions of the municipality in force and existing when this Charter takes effect, and not inconsistent with the provisions hereof, are hereby continued in full force and effect until amended,repealed,vacated or abolished. Page 4 Fridley City Code—Chapter 12 Section 12.13. PENDING CONDEMNATIONS AND ASSESSMENTS. Any proceeding for condemnation for public improvement or assessment in progress when this Charter takes effect shall be continued and completed under the laws under which such proceedings were begun. All assessments made by the Village prior to the time when this Charter takes effect shall be collected and the lien thereof enforced in the same manner as if this Charter had not been adopted. Page 5 FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION. 1. The form of government established by this Charter shall be known as the "Council- Manager Plan" pursuant to Minnesota Statutes. (Ref. Ord. 1034) 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. (Ref. Ord. 1034) 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as otherwise provided by statute or by this Charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. (Ref. Ord. 103 4) 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. (Ref Ord. 1034) 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref Ord. 592, Ord. 1034) 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager,and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Ref Ord. 1034) Section 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (Ref Ord. 1252) 2. The Mayor shall be elected at large in each United States presidential election year to a term of four(4)years. (Ref Ord. 1034 07/14/08 Fridley City Code Section 2.04 3. One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four(4)years. (Ref Ord. 1034) 4. Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four(4) years each. (Ref Ord. 1034) 5. The term of Mayor and of each Councilmember shall begin on the first day of January following their election to office and shall end on December 31 of the last year of the term. The incumbent may remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref. Ord. 1034) 6. The Council shall serve as the canvassing board for city elections. (Ref Ord. 1252) Section 2.03. THE MAYOR. 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. (Ref Ord. 1034) 2. The Mayor shall vote as a member of the Council. (Ref Ord. 1034) 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter,the ordinances of the City and the laws of the State. (Ref Ord. 1034) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref Ord. 1034) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref. Ord. 1034) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. (Ref Ord. 1034) Section 2.04. WARD COUNCILMEMBERS. 1. The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, �., and Ward 3. (Ref Ord. 1034) 07/14/08 Fridley City Code Section 2.06 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref. Ord. 1034) 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent(3%)from the average of the three (3)wards. (Ref. Ord. 1034) 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2). If further redistricting is necessary, as determined by the Council,the adoption of the new boundaries shall be prohibited during the time period from ninety (90) days before a primary election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. (Ref. Ord. 1034) Section 2.05. DISQUALIFICATION FOR APPOINTIVE OFFICE. No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. (Ref. Ord. 1034) Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification; or by ceasing to be a resident of the city or the ward from which elected. In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. (Ref. Ord. 1141) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than thirty (30) days nor more than sixty-five (65) days from the time such vacancy is declared. The Council shall designate a period of eight(8)to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. 1034) 07/14/08 Fridley City Code Section 2.07 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. 1034) 4 . If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall appoint [within thirty (30) days of the vacancy declaration] by majority vote a qualified citizen who has not filed for any municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. 1034) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. 1034) 6. If the Mayor's position is declared vacant, the Councilmember-at-Large shall serve as Mayor until the vacancy is filled. (Ref. Ord. 1034) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02 and 2.06.03 above to bring the membership of the Council up to five (5). (Ref Special Election 3/25/75, Ord. 776, Ord. 857, Ord. 1034) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref Ord. 1034) Section 2.07. SALARIES AND EXPENSES. The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. (Ref Ord. 1034) 07/14/08 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. (Ref. Ord. 1252) 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 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 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. 1252) 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) 07/14/2008 Fridley City Charter Section 3.07.2 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 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 attendance at the meeting, except as otherwise provided in this Charter. (Ref Ord. 1252) Section 3.05. PROCEDURE ON ORDINANCES. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in full with at least seven (7) days between the first reading and the second reading. Any legislation prescribing a penalty for its violation shall be enacted in the form of an ordinance. (Ref. Ord. 1074) Section 3.06. EMERGENCY ORDINANCES. 1. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, and which is passed by a vote of at least three (3) members of the Council, as recorded by ayes and nays. (Ref Ord. 1252) 2. No person(s), firm or corporation charged with violation of the emergency ordinance shall be prosecuted unless: a) the person(s), firm or corporation has had notice of the passage of the ordinance; or b) the ordinance has been filed with the City Clerk, posted in three conspicuous places in the City, and twenty-four(24)hours after the filing and posting have elapsed; or c) the ordinance has been published. 3. No grant of any franchise shall ever be made by an emergency ordinance. (Ref. Ord. 1074) Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS. 1. Every ordinance passed by the Council shall be signed by the Mayor, or by three (3) other members of the Council,and attested by the City Clerk,published and recorded. 2. Every ordinance shall be published at least once in the official newspaper of the City. If the publication of the title and a summary description of an ordinance clearly informs the public of its intents and effect,the Council may by three(3)affirmative votes of its members direct the City Manager to publish only the title of the ordinance together with a summary,with an added notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and at any other location designated by the Council. Prior to the publication of the title and summary, the Council shall approve a text of the summary that clearly informs the public of the intent and effect of the ordinance. The publishing of the title and summary shall be deemed to fulfill all legal requirements. 01/27/1997 Fridley City Charter Section 3.10 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. 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 ten (10) years, be rearranged and codified with such additions and deletions as may be deemed necessary by the Council. The codification shall be published in book or continuously revised loose-leaf form or stored by 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. 1252) 01/27/1997 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. On 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. 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 1252) Section 4.03. PRIMARY ELECTIONS. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. 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) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges 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, 1230) 07/14/2008 Fridley City Charter Section 4.07 Section 4.06.NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign more than one petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref. Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921,) Section 4.07.NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate , whose residence is , for the office of ,to be voted for at the election to be held on the day of , ; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. Name Street and Number , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this day of , This petition, if found insufficient by the City Clerk, shall be returned to , at Number Street. I hereby indicate my willingness to accept the office of if duly elected thereto. (Ref. Ord. 857). 07/14/2008 Fridley City Charter Section 4.08 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 canvas 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. 1252) 07/14/2008 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, monetary or otherwise, for service rendered in connection with the circulation thereof. 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. 1252) 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 petitions 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 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) 07/14/2008 Fridley City Charter Section 5.05 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) 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. 07/14/2008 Fridley City Charter Section 5.07 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 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 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 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 07/14/2008 Fridley City Charter Section 5.11 ri 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, 1252) 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 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 electors, 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 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: 07/14/2008 Fridley City Charter Section 5.13.1 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 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purposes of petitioning for a referendum repealing a charter amendment are set forth in Minnesota State 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 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. 1252) 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 07/14/2008 Fridley City Charter Section 5.17 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 on any such ordinance vote in favor of it. (Ref. Ord. 1252) 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 nay 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 53 days nor more than 60 days after such meeting, or submit the ordinance at the next regular municipal election. (Ref. Ord. 1252) 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 r—� 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: . (Ref Ord. 625, 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%) 07/14/2008 Fridley City Charter Section 5.19 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. 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 07/14/2008 Fridley City Charter Section 5.22 for the holding of a special recall election not less than fifty-three (53)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. 1252) 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. 1. 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. 2. If the officer sought to be recalled does not resign within ten(10) days after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election referenced in Section 5.19 of the Charter shall be: "Shall be recalled?", the i--, 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 required. (Ref. Ord. 1252) 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) 07/14/2008 �.� 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 n 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 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) 07/14/2008 Fridley City Charter 6.07 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. 85 7) 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, rental, or lease 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, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper or other means authorized by state statute. In accordance with Section 3.06 of the city charter the city council has the authority to forgo this requirement to advertise for bids. 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 1252) 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. 07/14/2008 APPENDIX B AMENDMENTS TO THE CITY CHARTER 1. On March 7, 1960, the City Council approved placement of amendments proposed March 3, 1960, by the Charter Commission to Sections 2.03, 4.03, 4.06, 7.02 and 7.03 on the ballot for Special Election April 12, 1960. All amendments passed except for Charter Section 7.02 2. On October 5, 1964,the City Council proposed an amendment to Chapter 4, Section 4.06 (Primary Elections), for the General Election on November 3, 1964. On November 2, 1964, the council received a communication from the Charter Commission approving placement on the ballot. The amendment passed. 3. Petition received on January 6, 1975 to amend Chapter 2, Section 2.05 (Vacancies in the Council). On January 20, 1975, City Council called for a Special Election on March 25, 1975. The amendment passed. 4. Ordinance No. 592, adopted August 4, 1975, amending Sections 2.03, 2.08, 4.03, 4.05, 4.08, 7.02, 7.03, 7.17, 10.04, 12.07 and repealing 2.06, 2.06A, 12.11 and renumbering Chapter 12. 5. Ordinance No. 625, adopted October 25, 1976, amending Sections 5.02, 5.03, 5.05, 5.06, 5.08, 5.13, 5.14, 5.19, 6.04, 6.05, 6.06, 7.04, 7.05, 7.09, 7.14, 10.15, 10.06 and 10.09. 6. Ordinance No. 767 adopted February 7, 1983, amending Section 3.07 (Signing and Publication of Ordinances and Minutes). 7. Ordinance No. 776, adopted June 20, 1983, amending Section 2.03 (Elected Officers), 2.05 (Vacancies), 8.04 (Local Improvements) and 8.05 (Public Works). 8. Ordinance No. 780, adopted August 8, 1983, amending Section 3.07 (Signing and Publication of Ordinances, Resolutions and Minutes). 9. Ordinance No. 790, adopted November 21, 1983, amending Sections 6.01, 6.02 and 6.04 (City Manager and Subordinates). 10. Ordinance No. 825, adopted January 21, 1985, amending Section 4.06 (Nomination by Petition). 11. Ordinance No. 857, adopted June 16, 1986, amending Sections 2.03 through 2.07, 3.01, 4.01, 4.06, 4.07, 5.01, 5.03 through 5.11, 5.13 through 5.15, 5.17, 5.18, 6.01, 6.02, 6.04, 7.06, 7.14 through 7.16, 11.06, 11.07, 12.03 through 12.05 and adding Section 1.04. r Appendix B Page 2 rti 12. Ordinance No. 873, adopted January 5, 1987, amending Section 4.05 (Election Judges) and 12.08 (Damage Suits). 13. Ordinance No. 914, adopted July 25, 1988, amending Section 5.09 (Initiative of Charter Amendments). 14. Ordinance No. 919, adopted January 23, 1989, amending Sections 2.03 (Elected Officers), 4.02 and 4.03 (Elections). Following receipt of referendum petition, a Special Election was held July 18, 1989, in which the ordinance was approved by a vote of 707 to 237. 15. Ordinance No. 921, adopted April 3, 1989, amending Section 4.06 (Nomination by Petition). 16. Ordinance No. 946, adopted April 9, 1990, amending Sections 7.04, 7.05, 7.07 and 7.09 (Annual Preparation of Budget and Tax Levy). 17. Ordinance No. 975, adopted August 12, 1991, amending Sections 2.03.07 (Ward Boundaries). 18. Ordinance No. 1027, adopted March 21, 1994, amending Chapter 4 (Nominations and Elections). 19. Ordinance No. 1034, adopted August 1, 1994, amending Chapter 2 (Council-Manager Plan) and Section 4.04 (Special Elections). 20. Ordinance No. 1074, adopted October 14, 1996, amending Chapter 3 (Procedure of City Council). 21. Ordinance No. 1090, adopted February 24, 1997, amending Section 12.07 (Vacation of Streets). 22. Ordinance No. 1100, adopted July 14, 1997, amending Section 11.01 (Public Utilities). 23. Ordinance No. 1102, adopted September 8, 1997, amending Section 7.02 (Power of Taxation) 24. Ordinance No. 1141, adopted June 26, 2000, amending Section 2.06 (Vacancies in the Council as recommended by the Charter Commission). 25. Ordinance No. 1141, adopted June 26, 2000, amending Chapter 5 (Initiative, Referendum and Recall as a result of a recent Referendum petition and special election). Appendix B Page 3 26. Petition received on August 21, 2000 to amend Section 7.02 (Power of Taxation). On September 11, 2000, the City Council passed a resolution for the question to be placed on the General Election ballot on November 7, 2000. The amendment passed. 27. Ordinance No. 1152, adopted April 9, 2001,to amend Section 7.02 (Power of Taxation), as a result of the election, a citizen committee was formed who made a recommendation to the Charter Commission to amend the petition language. The Charter Commission recommended the amendment to the City Council. 28. Ordinance No. 1153, adopted July 23, 2001,to amend Section 6.06 (Contracts) and Chapter 8 (Public Improvements and Special Assessments) as a result of recent legislation. 29. Ordinance No. 1196, adopted July 8, 2004,to amend Section 7.02.3 (Power of Taxation). A petition objecting to the adopted ordinance was received suspending the ordinance and sending the question to the general election. The question failed and the ordinance did not become effective. 30. Ordinance No.1206 adopted August 4, 2005, sent a question to amend Section 7.02.3 to a special election. The question failed and the charter was not amended. 31. Ordinance No. 1230, adopted March 27, 2006, amended Section 4.05 Judges of Election. 32. Resolution No. 2006-53, adopted August 28, 2006, sent a question to amend Section 7.02.3 to the general election. The question failed and the charter was not amended. 33. Ordinance No. 1244, adopted June 25, 2007, amended Section 7.02.3 of the charter. A petition objecting to the adopted ordinance and amendment was received suspending the ordinance and sending the question to a special election. The question passed and the Ordinance was approved, thereby amending Section 7.02.3. 34. Ordinance No. 1252, adopted July 14, 2008, amended Chapters 2-6.