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CHA 10/25/2010 TO: Charter Commission Members firi FROM: Deb Skogen, City Clerk Cindy Soule, Charter Commission Chair Date: October 21, 2010 CITYOF FRIDLEY Re: October 25, 2010 Charter Meeting The next Charter Commission meeting is scheduled for Monday, October 25, 2010 at 7:00 p.m. in Meeting Room 1 in the lower level of City Hall. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday, October 25th, as to whether or not they plan on attending the meeting. Please remember to call or e-mail me by Monday morning at (763) 572- 3523 or e-mail at skogend(aci.fridley.mn.us whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be 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. As per our discussion I have researched some of the issues discussed and have tried to provide the information I thought would help during your discussions. For instance, in regard to the City's Council's request to the ordinance amending Chapters 7-12, I printed the minutes of those discussions so that we could more easily prepare a memo to the City Council and get this back on their agenda. I also researched several cities charters regarding vacancies in the council. Rather than printing them all out, I made a table with the pertinent language I felt would be most beneficial to you. You will find this table after Chapter 2 in your packet. Please let me know if you have any questions or concerns. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY OCTOBER 25, 2010 AT 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1, Lower Level 1. CALL TO ORDER: 2. ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES September 27,2010 5. ADMINISTRATIVE MATTERS A. 2011 Calendar B. Return of Changes from 2009 to Chapters 7 to 12 from City Council 6. DISCUSSION OF CHAPTER 2—Vacancies in the Council 7. DISCUSSION OF CHAPTER 5(Tabled) A. Remove from the table B. Discussion 8. DISCUSSION OF FUTURE AGENDA ITEMS 9. ADJOURNMENT **AMENDMENT TO CHAPTER 7(TABLED INDEFINATELY) NEXT MEETING MONDAY, NOVEMBER 22, 2010, IN MEETING ROOM 1 IN THE LOWER LEVEL CONFERENCE ROOM n ,••••■ CITY OF FRIDLEY CHARTER COMMISSION MEETING September 27,2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Marion Flickinger,Carol Hoiby,Bill Holm,Ted Kranz, Rick Nelson,Pam Reynolds,Noel Ryan,Lois Scholzen and Cindy Soule Members Absent: Commissioners Peter Borman,Don Findell,Nancy Jorgenson,Leslie Plummer and Keith Shaw Others Present: Deb Skogen,City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Nelson seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Deb Skogen,reviewed several changes to the minutes she had found since sending the minutes out. There was no further discussion. Commissioner Kranz MOVED and Commissioner Reynolds seconded a motion approving the Charter Commission meeting minutes of May 24,2010,as amended UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Deb Skogen explained the ordinance the Charter recommended to the City Council proposing changes to Chapter 7- 12 had been received and a public hearing had been held. At the end of the public hearing,the City Council decided to send the ordinance back to the Charter Commission for further clarifications and continued the public hearing. The matters in question were: Section 8.01 —it was suggested that the words transportation lines be changed to transportation modes or something to reflect today's terminologies. Section 11.08—the City Council was wondering what the thought process was by adding the language. Section 12.01 —The City Council felt the language was redundant and wondered whether it should be changed to reflect state statute. Commissioner Nelson said mode was not the same thing as line,that it was a type of transportation rather than something physical the Council could assess for. Commissioner Reynolds thought mode could mean motorcycle,bicycle,railroad,and the city did not own those. DRAFT CHARTER COMMISSION MEETING OF SEPTEMBER 27,2010 PAGE 2 Commissioner Nelson MOVED and Commissioner Reynolds seconded to change transportation line to transportation corridors and/or facilities. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen said she would also check with Community Development to see how the term is referenced in the City's comprehensive plan. Chairperson Soule said she remembered putting the language into Section 11.08 to be more explicit as to what type of Commission could be created. Commissioner Nelson felt it was to define what a public utilities commission was and to allow them to establish it. Commissioner Holm felt it was merely a clarification to identify the name of the Commission. It was suggested that Deb Skogen review the minutes to reflect the thought process of the Commission and provide it to the Commission at the next meeting. Section 12.01 was then discussed and it was recommended to break-up sentences and to remove the words typewritten and mimeographed. After further discussion,Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion to change the language to read as follows: "At its discretion,the City Council may also provide for the publication of,but not limited to,the annual budget, ordinances and resolutions. Such publications may be done by mailing or posting of printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition to the above,the city council may use electronic means for publication." UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen was directed to redraft the ordinance and prepare it for the next Commission agenda. DISCUSSION OF CHAPTER 7 There was no discussion of Chapter 7 and it remained tabled until further notice. DISCUSSION OF CHAPTER 2—COUNCIL VACANCIES Prior to removing this from the table,Deb Skogen briefly reviewed the possible need to amend this chapter. She said based on the new election laws,you cannot hold a special election between August 10 and December 13 during even numbered years. In addition,why would you want to pay to have a special election during an election year. She said the charter really did not address a vacancy between the first and third years,but it did for the fourth year. She understood that there had been a lot of resistance from the City Council in the past to allow for the appointment of an individual,but that there were some cities that did provide for an appointment until the next regular election to allow for continued representation. Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion removing Chapter 2 from the table for discussion. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. It was suggested that Deb Skogen provide a memo to the City Council explaining the issue and asking them how they would like this issue to proceed. DRAFT CHARTER COMMISSION MEETING OF SEPTEMBER 27,2010 PAGE 3 There was a discussion about whether this had been an issue in the past. It was when Councilmember Fitzpatrick and Mayor Nee were both ill,but that Councilmember Schneider had resisted the change. Deb Skogen said there may be a time where a councilmember has to resign and she gave two instances in Coon Rapids where councilmembers had to resign. One resigned one week after he took office for a four year term and one resigned because he could not be employed for 30 days to begin collecting his PERA pension. In both cases, their charter allowed for the appointment of an individual until the next regular election. In the instance of the first councilmember,an individual was appointed to fulfill a two year term and if they chose to run for the remaining two year term of the office,they could at that time. In the second case,they appointed an individual to fulfill the last six months of the term. It was recommended again that Deb Skogen provide information to the City Council and provide language from other cities to the Charter Commission at the next meeting. DISCUSSION OF CHAPTER 5—INITIATIVE,REFERENDUM AND RECALL Deb Skogen reviewed some of the changes she thought should be made due to the change in election law. It was suggested that she provide those changes in an ordinance format to the next meeting and the item remained tabled. FUTURE AGENDA ITEMS The Commissioners will address the 2011 Charter Commission Calendar,Ordinance Amending Chapters 7-12, Chapter 2 and Chapter 5. ADJOURNMENT: Commissioner Braam MOVED and Commissioner Hoiby seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:20 P.M. Respectfully submitted, Debra A. 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AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES,AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater that the prior year tax levy increased by an inflationary index, or 5%, whichever is least less. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS SECTION 8.01. THE CITY PLAN The present zoning and comprehensive plans shall be the plans for future physical development of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall hold a public hearing_ and- Notice shall be published fourteen (14) days prior to said hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines corridors and/or facilities, and other public facilities, and for laying out, improving streets and public places as well as all other matters which may seem essential to such a.plan Ordinance No. Page 2 Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. 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 amounting to more than X0,000) what is 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. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.04. CITY TO PAY FOR SERVICES The Council shall make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and for supplying the City with water,_ and The City shall credit the same to the publicly owned utility n 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. Section 11.08. COMMISSION AT DISCRETION OF COUNCIL The City Council may establish a public utilities commission as defined and authorized by state law. The commission's 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. SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL 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 other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the official Ordinance No. Page 3 newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. The Council may in At its discretion, •.• .... . . - . . . •-. . . ., - the City Council may also provide for the publication of important city information including but not limited to the annual budget, ordinances, and resolutions,_ - - . •_ , ., . .- ,, _ ..-..,.. ., . - - . :-I-- wise Such publication may be done by mailing or posting of tyflew"i�s mimeographed--er printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition to the above, the city council may use electronic means for publication. Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Section 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City shall be open to inspection . •• . o, . . • . • • , , . • , , • . ' . . . • • , • accordance with the Minnesota Government Data Practices Act. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: CITY OF FRIDLEY CHARTER COMMISSION MEETING October 27,2008 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:01 p.m. ROLL CALL: Members Present: Pete Borman,Gary Braam,Don Findell,Carol Hoiby,Mary Kirkwood,Rick Nelson, Noel Ryan,Lois Scholzen,Keith Shaw,Cindy Soule Members Absent: Bill Holm,Nancy Jorgenson,Ted Kranz,Leslie Plummer and Pam Reynolds Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Braam MOVED and Commissioner Soule seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF SEPTEMBER 29,2008,CHARTER COMMISSION MINUTES: Commissioner Braam MOVED and Commissioner Ryan seconded a motion to approve the September 29,2008, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS There were no administrative matters at this time. Deb Skogen suggested they place the 2009 calendar on the agenda for the next meeting. 2. DISCUSSION OF CHAPTER 11 Chairperson Borman wondered why the city would have the power to acquire public utilities. Deb Skogen said some cities do have electric or gas in addition to water based on where they might be located in the state. This chapter just allows the city to acquire public utilities. Commissioner Soule said the last time they reviewed this chapter they expanded some of the definitions to allow cell phone companies the ability to rent space on the water tower for antennas. There was a question as to how many filtration plants and wells the City has. The water from Arden Hills/New Brighton was also discussed. The Commission would like to know the number and type of facilities and more information about the water from New Brighton. Commissioner Braam said the water coming from New Brighton was from an agreement because of prior problems with groundwater contamination. There was a question about whether or not the City Council would like to add more street lights. Ms. Skogen stated Section 11.04 would allow the city to charge for this service. DRAFT CHARTER COMMISSION MEETING OF OCTOBER 27,2008 PAGE 2 The Commission also discussed briefly about the city's ability to sell the public utility which would allow privatization. A company would buy the water and sewer services and then operates it like an electric or gas utility billing property owners directly. Commissioner Ryan said that was what the state did with the prisons allowing other states to house their criminals. The Commission discussed Section 11.08 allowing the Council to establish a utilities commission. They discussed whether or not to leave the language in or modify the language to make it read better. They felt this commission would be the body citizens could go to if they were concerned about the rates. The Commission asked for information about other cities that might have a utilities commission and the city code pertaining to commissions for further discussion. 3. DISCUSSION OF CHAPTER 12 The Commissioners discussed the language in Chapter 12 and recommended the following two changes: The language in Section 12.01 was recommended to change as follows: "...The Council may in its discretion,in addition to the publications required by this Charter,provide for the publication or publish important city information including the annual budget,ordinances,resolutions,election notices,and such other measures and matters as it may deem wise. It shall be done by mailing or posting printed copies thereof upon bulletin boards located in public places of the city in such number and for such period of time as the Council may direct in each case. In addition,the city council may use electronic means for publication. Nothing herein..." The language in Section 12.02 was recommended to change as follows: "All records and accounts of every office, department or agency of the city shall be open to inspection in accordance with the Minnesota Government Data Practices Act." 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 8:23 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder, Secretary City Clerk/Staff Liaison DRAFT CITY OF FRIDLEY CHARTER COMMISSION MEETING November 24,2008 CALL TO ORDER: Chairperson Borman called the Charter Commission meeting to order at 7:03 p.m. ROLL CALL: Members Present: Commissioners Borman,Braam,Findell, Hoiby,Jorgenson,Kranz,Nelson,Reynolds, Ryan, Shaw, Soule and Scholzen Members Absent: Commissioners Holm, Kirkwood,and Plummer. Others Present: Deb Skogen,City Clerk/Staff Liaison • APPROVAL OF AGENDA: Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF OCTOBER 27,2008 CHARTER COMMISSION MINUTES: Commissioner Kranz MOVED and Commissioner Braam seconded a motion to approve the October 27,2008 Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS A. 2009 Meeting Dates Commissioner Nelson MOVED and Commissioner Soule seconded a motion approving the dates of January 26, February 23, March 23,April 27,May 18, September 28,October 26,and November 23 as meeting dates of the Charter Commission for 2009. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. DISCUSSION OF CHAPTER 11 Deb Skogen reviewed the materials she provided from the interne in reference to cities that had Utility Commissions. The Cities of Circle Pines,Grand Rapids, Sleepy Eye,and Shakopee provided some background information. The information was discussed by the Commission. In reference to these Commissions,the Commission does the oversight and hiring of the utilities,rather than the City Council in Fridley. Commissioner Kranz wondered if the City Council had the ability to speculate any of the pre-purchased items needed for utilities such as gas,chemicals or salt. Commissioner Jorgenson didn't think the City could do that with public funds. It was suggested,during the discussion, if the city could purchase commodities at a reasonable rate,the city should not be making a profit off of the utilities. Chairperson Borman wondered about state law requiring cities CHARTER COMMISSION MEETING OF NOVEMBER 24,2008 PAGE 2 not to raise the rates to make a profit. Deb Skogen said that the City had actually provided a refund and reduced the rate for sewer. The Commissioners reviewed Chapter 11 and the following changes were recommended to section 11.04: "The Council shall make a reasonable charges,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„ The City shall credit the same..." Commissioner Scholzen wondered if the definition of a responsible person was defined in state statutes. Direction was given to Deb Skogen to review the statute. The Commissioners discussed possible changes from establishing a commission to defining what the commission might be to a process they would use and discussed what type of public notification process would be needed. It was suggested language be added "the City Council may establish a public utilities commission as defined and authorized by state law." It was recommended that MN Chapter 412 be provided for the January meeting. The Commission also reviewed Chapter 6 in reference to a public utilities commission. 3. DISCUSSION OF CHAPTER 12 Chairperson Borman said Chapter 12 was brought forward with recommended changes. There were no changes at this time. A discussion took place of the definition of vacation,when vacating a street,but did not change anything at this time. ADJOURNMENT: Commissioner Braam MOVED and Commissioner Findell 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 8:25 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder, Secretary City Clerk/Staff Liaison CHARTER COMMISSION MEETING OF JANUARY 26,2009 PAGE 2 r Commissioners Jorgenson, Shaw, Soule and Scholzen would all like to be reappointed. Deb Skogen will contact Commissioners Findell and Plummer to see if they would like to be reappointed. C. Appointment of Nominating Committee Chair Chairperson Borman appointed Bill Holm to Chair the Nominating Committee who will then seek members to work with him to report the results at the February meeting. 2. DISCUSSION OF CHAPTER 11 Deb Skogen reviewed the documentation provided in the packet. She provided Chapters 7, 8, 10, 11 and 12 as those are the chapters that have been reviewed with the changes that have been recommended. In addition,she provided information on Statutory Cities and Charter Cities from the League of Minnesota Cities,and Section 412.321 through 412.391 of the Minnesota Statutes pertaining to Municipal Utilities with information about Public Utilities Commissions(PUC). According to the Handbook of MN Cities,page 17,(MN Statute 412.321)A charter may provide for acquisition without a vote or may require a different majority from the majority necessary in statutory cities. A charter may give the right of condemnation without a time limit. A charter may also allow the city to use surplus utility funds to support general funds. In addition,MN Statute 44.075,subd 3(b)also states Charters may not attempt to set utility rates for water,sewer and storm water utilities. Charter provisions may not artificially inflate or suppress rates. Authority to set rates is vested exclusively in the city council by state statute. Commissioner Soule said she had a problem with Section 11.08 as there is no reference to a Public Utility Commission and was concerned about the wording. After reviewing the Charter,it appears Section 2.01.3 gives the City Council the ability to exercise the powers of all City Boards and Commissions. The Commission It didn't appear that Chapter 11 really specified anything about a Public Utilities Commission. Deb Skogen said in the minutes the Commissioners had discussed this at the last meeting and had come up with a sentence they could add,she was just not sure how it should be added in. She said the language referred to Minnesota State Law which would help provide direction to the Council. Commissioner Reynolds felt the Charter should be clarified to state that it is a public utilities commission. Commissioner Jorgenson said the City never knows whether or not something like creating a PUC would be necessary or not. In addition,the type of commissioners that would be needed for this commission would have to have experience and knowledge in municipal utility operations which would mean these commissioner positions would be paid positions. According to state law,there could be no residency requirement,which would help to get qualified individuals. Chairperson Borman wondered if it would be up to the commission itself to come up with its own rules and procedures or is it something the Charter Commission would provide. Commissioner Holm felt the rules,regulations,officers,etc.would be at the discretion of the Council. Commissioner Soule wondered if the Charter should be more restrictive with additional language or do we just want to say the Council may establish or abolish this commission. Commissioner Nelson wondered if the Charter Commission would be responsible for researching and preparing an ordinance establishing the PUC. Commissioner Holm felt this should be the responsibility of the Council and not the Charter Commission. After further discussion Commissioner Soule MOVED and Commissioner Nelson seconded a motion to add the •••■ following language before the current language in Section 11.08: Adopted February 23,2009 CHARTER COMMISSION MEETING OF JANUARY 26,2009 PAGE 3 "The City Council may establish a public utilities commission as defined and authorized by state law." The Commission's 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. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. REVIEW OF CHAPTERS 7,8,10, 11 AND 12 A review of Chapters 7,8, 10, 11 and 12 was completed by the Commission on all of the recommended changes they have agreed to. A few changes were made and it was recommended the City Clerk prepare an ordinance with the recommended changes to bring to the next meeting. ADJOURNMENT: Commissioner Reynolds MOVED and Commissioner Jorgenson 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 8:10 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby, Secretary City Clerk/Staff Liaison Adopted February 23,2009 FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION. 1. The form of government established by this Charter shall be known as the "Council- Manager Plan"pursuant to Minnesota Statutes. (Ref. Ord. 1034) 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. (Ref. Ord. 1034) 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as otherwise provided by statute or by this Charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. (Ref. Ord. 1034) 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. (Ref. Ord. 1034) 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592, Ord. 1034) 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager,and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Ref. Ord. 1034) Fridley City Charter Chapter 2 Page 2 Section 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (Ref. Ord. 1034) 2. The Mayor shall be elected at large in each United States presidential election year to a term of four(4)years. (Ref. Ord. 1034 3. One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four(4)years. (Ref. Ord. 1034) 4. Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four(4) years each. (Ref. Ord. 1034) 5. The term of Mayor and of each Councilmember shall begin on the first day of January following their election to office and shall end on December 31 of the last year of the term. The incumbent may remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref. Ord. 1034) 6. The Council shall serve as the canvassing board for city elections. Section 2.03. THE MAYOR. 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro 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) Fridley City Charter Chapter 2 Page 3 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter,the ordinances of the City and the laws of the State. (Ref Ord. 1034) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref Ord. 1034) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref Ord. 1034) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. (Ref Ord. 1034) Section 2.04. WARD COUNCILMEMBERS. 1. The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, and Ward 3. (Ref Ord. 1034) 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref Ord. 1034) 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the 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 Fridley City Charter Chapter 2 Page 4 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) Fridley City Charter Chapter 2 Page 5 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) Fridley City Charter Chapter 2 Page 6 �-. 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) Charter Language Referencing Council Vacancies City Charter language oka • Adopt a resolution declaring vacancy • Appoint an eligible person to fill vacated seat within 30 days • At next regular city election,vacated seat shall be placed on ballot for remainder of term. • Appointed person shall serve until person elected qualifies for such office. • If vacated office in last year,the appointed person shall serve until newly elected individual's term commences in January. • If unable to agree to appointment within 30 days,the mayor shall appoint a person to fill vacancy. Bloomington • Adopt a resolution declaring a vacancy at the next regularly scheduled council meeting. • Council must appoint an eligible person with 45 days of adoption of resolution to fill vacant office until next regular state or municipal election. • If no consensus, mayor must appoint within 15 days. • When appointment made after the opening date of filing for next regularly scheduled state or municipal election,or in November or December,voters must elect eligible person for unexpired term at special election held at state or municipal election scheduled for following year. • No special election will be held for unexpired term of two months or less. Brooklyn Park Council shall adopt a resolution, at next regularly scheduled meeting after vacancy occurs,to declare vacancy. Resolution must be posted at City Hall and notification given by any other practical means. Within 30 days of adoption of resolution,council must: A. Appoint eligible person to fill balance of unexpired term if less than 365 days. Candidate receiving majority of votes must be appointed to fill vacancy. I no majority,additional votes may be taken. If no appointment within 30 days,or if council votes three times and fails to fill vacancy, mayor must within 15 days appoint eligible person to fill vacancy; or B. Order a special election to fill vacancy if unexpired term 365 days or more. Council shall set time to file no sooner than 7 days after election is ordered. Election must be held within 49 days and no more than 60 days after election is ordered. There shall be no primary regardless of the number of candidates. Coon Rapids • Council shall adopt resolution declaring vacancy and shall, by resolution,within 30 days • Appoint an eligible person to fill the office until the next regular municipal election when office shall be filled for unexpired term, unless unexpired term is in its final two years in which case person appointed shall serve until term expires;or • B. Order a special municipal election to fill such vacancy for unexpired term. Council shall set times for filings provided they close not sooner than 7 days after adoption of resolution. Such election shall be held no less than 45 nor more than 60 days after adoption of such resolution. If more than two candidates file, a special primary election shall be held two weeks prior to special municipal election. Charter Language Referencing Council Vacancies .iinneapolis • If vacancy occurs prior to March 1st of the year of the general city election, it shall be filled by a special election ordered by the Council and held within 75 days after such vacancy shall occur. • Council shall fix the dates for filing of a period not less than 8 days and closing date not less than 40 days prior to date fixed for special election. • If vacancy occurs on or after March 1st of the year of general city election,such vacancy shall be filled by the city council appointing a qualified voter to hold office for the remainder of the unexpired term, provided no such appointment shall be made after the opening date for filing for such person in the next ensuing city general election. • If vacancy occurs on or after the first date for filing,the person elected at the general city election shall fill the position for the remainder of the unexpired term upon certification of general election results. Brooklyn Center • City Council must publicly declare vacancy within 10 days of occurrence. • Notice of vacancy shall be posted at City Hall and sent to legal newspaper next business day. • If unexpired term less than one year from date of occurrence of vacancy, Council by a majority vote of remaining members may either appoint a qualified person to fill vacancy or call for special election. • If unexpired term one year or longer, special election shall be called within 30 days of occurrence of vacancy. • If at any time membership of council reduced to fewer than 3 members,the remaining members may by unanimous vote appoint additional members to raise membership to three without following procedures set forth in their procedures to fill council vacancies by appointment of their charter. • 2.05A—PROCEDURES TO FILL COUNCIL VACANCIES BY SPECIAL ELECTION Election to be held not sooner than 90 days and not later than 120 days following vacancy. If more than two candidates file, a primary election shall be held. • 2.05B—PROCEDURES TO FILL COUNCIL VACANCIES BY COUNCIL APPOINTMENT o If less than one year council may appoint qualified person to fill vacancy. o Notice of vacancy and description of office and appointment process shall be posted and published o Uniform application and resume must be received by city clerk no later than 21 days from date of declared vacancy. Applications do become public documents. o Tentative interview schedule shall be completed and posted at city hall no later than 25 days from declared vacancy. Interview process shall start no later than 28 days from declared vacancy. o Applicants shall be interviewed by council in accordance with open meeting laws. o A list of questions shall be made available to the public and applicants in advance of interviews. o Selection Process—Each council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote,which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing applicant(s)shall be used. Each Councilmember's vote shall be recorded. A simple majority vote shall appoint that applicant to the Council. o If Council pursues appointment process but fails to fill a vacancy within 45 days,city clerk shall call a special election to fill vacancy to be held not sooner than 105 days and not later than 135 days following occurrence of vacancy. If more than 2 candidates file for unexpired term, a primary election shall be held Charter Language Referencing Council Vacancies Mounds View • Council shall adopt a resolution declaring vacancy to exist. • If vacancy occurs within 365 days or more remaining in the term,there shall be a special election within 90 days after vacancy occurs. • City Administrator shall give at least 60 days published prior notice of such special election, except as set forth below in Subd. 5. • If vacancy less than 365 days of unexpired term,the council shall by majority vote appoint a successor to serve for the remainder of said term. In case of a tie vote, Mayor shall make said appointment. • SUBD. 5.- If vacancy occurs within120 days prior to regular municipal election date, special election to fill vacancy shall coincide with regular election. If vacancy occurs within 60 days prior to regular election date, notice of such vacancy shall be published as soon as practicable. If within 120 days period, vacancy occurs in an office whose seat is to be decided in the election, said vacancy shall be considered not to exist for purposes of election. If such vacancy occurs,the seat shall be filled by the candidate with the third highest vote total,or in case of two vacancies,the candidate with third highest total shall fill vacancy in office having longest unexpired term. Candidates filing a vacancy shall take office at or before next regular council meeting following election certification. • If insufficient numbers of candidates in regular or special election to fill expiring or vacated offices,the city council shall fill said offices by appointment until next regular municipal election. In case of tie vote,the mayor shall made said appointment. Plymouth • Council shall adopt resolution declaring vacancy at next regular meeting. • Council must forthwith appoint an eligible person to fill vacancy until next regular municipal election when office is filled for unexpired term. • If council does not appoint an eligible person within 60 days after vacancy declared,the mayor shall appoint an eligible person to fill vacancy on or before the next regular council meeting. • If vacancy occurs and exists in an elective office after last day for filing affidavits of candidacy for that office,the person elected to fill that office is deemed to have been appointed for the unexpired term. Robbinsdale • Council must adopt a resolution declaring vacancy • In the event the office of mayor becomes vacant, councilmembers must forthwith appoint an eligible person to fill the office until the next regular municipal election. • When a vacancy occurs in an elective office other than mayor, except when same is to be filled by a recall election, council must forthwith appoint an eligible person to fill office if unexpired term is for 8 months or less. Appointment shall be made no later than 4th Tuesday of the month following declaration of vacancy. • If unexpired term is more than 8 months,then a special election shall be held o A. Council must by majority vote adopt resolution at same meeting as vacancy is declared call for a special election specifying date in the event no primary is required; and shall additionally specify the date for the primary and the election in the event a primary is required. o B. Filings shall be opened immediately upon declaration of vacancy and remain open for 30 days thereafter unless last day for filing falls on weekend or legal holiday in which case filings shall remain open through the next following business day. o C. Special election, or primary in the event three or more candidates have filed, shall be held not less than 60 days nor more than 65 days after vacancy is declared. In event a primary is required,election shall be held not less than 25 nor more than 30 days thereafter. In event no filings for vacant office, council shall appoint an eligible person to fill unexpired term. In case of any appointment to a vacancy, a plurality vote of remaining members shall be necessary to appoint. Each remaining member shall have one vote,and in case of a tie vote,the appointee shall be determined by lot. Charter Language Referencing Council Vacancies c. Paul • Interim appointee. Council may within 30 days of vacancy elect a qualified voter to fill vacancy as interim appointee until such time as successor is elected or for the remainder of the unexpired term if the council vacancy occurs after the last day for filing of candidacy for U.S. Representative. If tie vote,the mayor shall break the tie. • Elected successor- If vacancy occurs on or before last day of filing,vacancy shall be filled at next statewide general election of even-numbered years. • Affidavits of candidacy for said vacancy shall be filed within 14 days of the last day of filing for U.S. Rep. in event more than two persons file, a primary election shall be held during the Statewide Primary. • If vacancy of mayor occurs before July 1 of 3rd year of term,vacancy shall be filled at next general election in November, unless it occurs more than 180 days after vacancy created, in which case the council shall call a special election to fill vacancy. • Successful candidate's term shall commence upon council's canvas of election results and upon expiration of time to contest election or, if no contest is filed, upon final disposition of the cntest. • Affidavits for said vacancy shall be filed in accordance to Section 7.04 of the charter. In the event more than 2 persons file for vacancy,a primary election shall be held at the State Primary, unless vacancy to be filled at a special election, in which case primary election shall be at least 60 days before special election. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5. INTIATIVE,REFERENDUM AND RECALL OF THE FRIDLEY CITY CHARTER PERTAINING TO THE SCHEDULING OF SPECIAL ELECTIONS The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL INITATIVE 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, birth year, last four digits of their social security number, 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: Section 5.05. FORM OF PETITION AND 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) Birth Year SS# 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Address (Please Print) Birth Year SS# Signature 1. i•-• 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. Ordinance No. Page 2 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 , the same years 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. 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, birth year, last four digits of their social security number, 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: Ordinance No. Page 3 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) Birth Year SS# 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) Birth Year SS# 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. n 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, birth year, last four digits of their social security number, 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. Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters of the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: Ordinance No. Page 4 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 (Please Print) Address (Please Print) Birth Year SS# 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 Durpose. Name (Please Print) Address (Please Print) Birth Year SS# 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: 1111FJ TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk Cindy Soule, Charter Commission Chair Date: November 17, 2010 CITY OF FRIDLEY Re: November 22, 2010 Charter Meeting The next Charter Commission meeting is scheduled for Monday,November 22, 2010 at 7:00 p.m. in Meeting Room 1 in the lower level of City Hall. In order to ensure a quorum,remember,the Charter Commission policy requires a member to call or e-mail me before 8:00 a.m. Monday,November 22nd, as to whether or not they plan on attending the meeting. Please remember to call or e-mail me by Monday morning at (763) 572- 3523 or e-mail at skogend@ci.fridley.mn.us whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. Please let me know if you have any questions or concerns.