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01-09-2024 Charter Commission Meeting January 09, 2024 7:00 PM Fridley Civic Campus, 7071 University Ave N.E. Agenda Pursuant to Minnesota Statute § 13.02 the January 9, 2024 meeting will be a hybrid meeting. Commissioner Rick Nelson will be attending via Zoom from 7591 West Battaglia Drive, Lot B-10, Casa Grande, AZ 85193. Virtual: https://us06web.zoom.us/j/85030794338?pwd=jaSyaU8cCAFJEYqnPuU82602XBbOUY.1 Meeting ID: 850 3079 4338. Passcode: 609149. Call in: 312-626-6799. Call to Order Roll Call Approval of Agenda Approval of Meeting Minutes 1.Approval of November 6, 2023 Charter Commission Meeting Minutes Administrative Matters 2.New Member Interviews 3.Upcoming Terms Expiring: Nikki Karnopp and Rick Nelson 4.2024 Nominating Committee Old Business 5.Chapter 4 Update New Business 6.Chapters 1, 5 and 10: Legal and Staff Reviews Future Meeting Topics/Communications 7.Future Meeting Topics Adjournment 2 Charter Commission Meeting 1/9/2024 Agenda Page 2 Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact the City at (763) 572-3450. 3 Jufn!2/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Approval of November 6, 2023Charter Commission Meeting Minutes Background Attached are the minutes fromNovember 6, 2023 Recommendation Staff recommend the approval of the November 6, 2023Charter Commission Meeting Minutes. Attachments and Other Resources November 6, 2023Charter Commission Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ 4: Charter Commission November 6,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chair Nelson called the Charter Commission meeting to order at 7:00 p.m. Present Mohammed Barre(arrived at 7:10) Kelli Brillhart Donald Findell IbsenGabriel(arrived at 7:10) Greg Gardner Manuel Granroos Nikki Karnopp Steven Kisner Rick Nelson Val Rolstad Absent Ted Kranz Pam Reynolds Avonna Starck OthersPresent Melissa Moore,City Clerk Beth Kondrick, Deputy City Clerk David Ostwald, City Council Approval of Agenda Motionby Commissioner Gardnerto approve the meeting agenda. Seconded by Commissioner Brillhart. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. Approval of Meeting Minutes 1.Approvalof October 2, 2023, Charter Commission Meeting Minutes Motion by Commissioner Brillhart to approve the minutes of October 2, 2023,as presented. Seconded by Commissioner Findell. 5 Jufn!2/ Charter Commission 11/06/2023 Minutes Page 2 Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. Administrative Matters 2. Resignation of Oluwaseyi Olawore Oluwaseyi Olawore submitted his resignation to the Commission due to moving out of the City. Staff will continue to advertise two open vacancies. Motion by Commissioner Karnopp to accept the resignation of Commissioner Olawore. Seconded by Commissioner Brillhart. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. 3. 2024 Charter Commission Meeting Dates Ms. Kondrick stated that the City Council has approved the joint meeting date requested by the Commission and that the meeting schedule is ready to be approved for 2024 by the Commission. Motion by Commissioner Rolstad to approve the 2024 Charter Commission meeting dates as presented. Seconded by Commissioner Granroos. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. Commissioner Findell noted that the Bylaws state that the annual meeting should be held in March th and asked if an additional meeting should be added. After discussion, March 18, 2024 was suggested as the annual meeting date. Motion by Commissioner Karnopp to add March 18, 2024 as a meeting date. Seconded by Commissioner Rolstad. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. Old Business 4. Ordinance No. 1417, Amending the Nominations and Elections Chapter of the Fridley City Charter Discussion was held to change all numbers and letters in lists to bullet points. Motion by Commissioner Karnopp to change from numbers and letters to bullet points. Seconded by Commisisoner Rolstad. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. 6 Jufn!2/ Charter Commission 11/06/2023 Minutes Page 3 Motion by Commissioner Rolstad to send the draft of Chapter 4 to the City Council. Seconded by Commissioner Brillhart. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. New Business Future Meeting Topics/Communications 5. Future Meeting Topics Discussion on whether Chapter 10 should remain on Future Meeting Topics for discussion. Suggestion was made to go through Chapters that need A/P Style updates and to look at Chapters that have not been updated in recent years. The Commission asked if the City Attorney could do a legal review of any Chapters to help aid in future updates. Motion by Commissioner Rolstad to send chapters 1, 5 and 10 to the City Attorney for a legal review. Seconded by Commissioner Barre. Chair Nelson requested adding a review of Bylaws to future meeting topics. Upon a voice vote, all voting aye, Chair Nelson declared the motion carried unanimously. Adjournment Motion by Commissioner Granroos to adjourn the meeting. Seconded by Commissioner Rolstad. Upon a voice vote, all voting aye, Chairperson Nelson declared the motion carried and the meeting adjourned at 7:37 p.m. 7 Jufn!3/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type:Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title New Member Interviews Background The Charter Commission declared avacancy for Commissioner seat on October 2, 2023. The Charter Commission declared a vacancy for Commissioner Oluwaseyi Olawore on November 6, 2023.Commissioner Starck did not execute her Oath to be reappointed to the Commission and does not wish to renew her membership. Therefore, the Commission has a third vacancy. After staff sent the Commission to consider. Attached are theinterest formsfrom Fridley residents who would like to serve on the Charter Commission. Some of the applicant data is considered private data on individuals and has been redacted pursuant to Minnesota Statute § 13.601 subd. 3. The applicantswere asked to attend this meeting.Each applicant was provided with a supplemental questionnaire (attached) as has been customary for the Commission. Upon recommendation of the Commission staff will communicate with the Chief Judge, who will make the appropriate appointments. Recommendation Staff recommend a motion to recommend any of the applicants for appointment to the Chief Judge for membership to the Fridley Charter Commission. Attachments and Other Resources Doug SchimtzCity Commission Interest Form and Questionnaire Audrey NelsonCity Commission Interest Form and Questionnaire Clifford Johnson City Commission Interest Form and Questionnaire Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!3/ 9 Jufn!3/ : Jufn!3/ Charter Commission Candidate Questionnaire Douglas Schmitz Candidate Name: ___________________________________________ 1. Are you available for winter meetings (the months of January through May)? Yes. 2. If you are appointed, what would your expectations be? My expectations would be to (1) have some time to learn the ins and outs of being on the commission; (2) to be able to work collaboratively with the rest of the commission members; (3) be able to contribute to the commission's work. 3. Does your job require travel, that may inhibit your participation in evening meetings? No. 4. Why do you want to be on the Charter Commission? What could you bring to the table? I have an interest in local government that has been increased by attending the Citizen's Academy. I work in publishing for a company called Redleaf Press. I think I could bring an editor's eye to some of the commission's work. 5.Are you familiar with what the City Charter is? Not entirely, but I am learning. 6. Is there anything else or any other comments you would like to share with the Commission? Looking forward to meeting the other members and digging into the work of the commission. Please submit this form to cityclerk@fridleymn.gov. Thank you. 21 Jufn!3/ 22 Jufn!3/ 23 Jufn!3/ 24 Jufn!3/ 25 Jufn!3/ 26 Jufn!3/ Charter Commission Candidate Questionnaire CLIFFORD JOHNSON Candidate Name: ___________________________________________ 1. Are you available for winter meetings (the months of January through May)? YES 2. If you are appointed, what would your expectations be? THAT ANY CHANGES TO THE CHARTER WE RECOMMEND ARE BENEFICIAL TO ALL, NOT JUST TO ANY SPECIAL INTERESTS. 3. Does your job require travel, that may inhibit your participation in evening meetings? NO, RETIRED 4. Why do you want to be on the Charter Commission? What could you bring to the table? i BELIEVE IN CIVIC INVOLVEMENT. I HAVE BEEN ON THE COLUMBIA HEIGHTS CHARTER COMMISSION, SO I BRING THAT EXPERIENCE WITH. 5.Are you familiar with what the City Charter is? YES 6. Is there anything else or any other comments you would like to share with the Commission? NO Please submit this form to cityclerk@fridleymn.gov. Thank you. 27 Jufn!4/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type:Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Upcoming TermsExpiring: Nikki Karnopp and Rick Nelson Background Commissioners Karnoppand Nelsonappointmentsto the Fridley Charter Commission (Commission) expire February 3, 2024, and February 21, 2024, respectively. If Commissioners Karnoppand Nelsonwish to be reappointed, a motion to recommend theirreappointmentsto the Chief Judge would be required. If either CommissionersKarnoppor Nelsondo not wish to be reappointed, a motion to declare an opening on the Commission would be in order. Recommendation Staff recommend a motion to either reappoint Commissioners Karnoppand Nelsonto another four- year term, or a motion to declare a vacancy on the Commission. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 28 Jufn!5/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title 2024Nominating Committee Background of three or more members who will report the nomination of one or more candidates for each office. Commission with the February 5, 2024agenda. March 18, 2024 Annual Meeting. The current officers are:Rick Nelson, Chair; Manny Granroos, Vice Chair; Val Rolstad, Secretary. Recommendation Staff recommend Chair Nelson appoint three or more Commissioners to the 2024Nominating Committee. Staff recommend the Nominating Committee submit a written report to staff to include withthe February 5, 2024agenda. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 29 Jufn!6/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type: Charter Commission Submitted By:Melissa Moore,City Clerk/Communications Manager Title Chapter 4 Update Background At its November 6, 2023meeting the Charter Commission formally recommended an update to Chapter 4 of the City Charter (Nominations and Elections). Staff put the recommended update into the form of an ordinance. The Fridley City Council conducted a public hearing on Ordinance No. 1417 on November 27, conducted a first reading of the ordinance on December 11 and a second reading on December 18. Pursuant to State law the update will become effective March 20, 2024. Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 2: Jufn!7/ AGENDA REPORT Meeting Date:January 9, 2024 Meeting Type: Charter Commission Submitted By:Melissa Moore,City Clerk/Communications Manager Title Chapters 1, 5 and 10: Legal and Staff Reviews Background At its November 6, 2023 meeting the Charter Commission directed staff to provide a review of Chapters 1, 5 and 10, along with a legal review from the City Attorney. These chapters were identified by the Commission as possibly being ready for the Commission to review and recommend updates. Recommendation Staff recommend the Commission review the staff comments and legal review. Attachments and Other Resources Chapter 1 Legal Review Chapter 1 Staff Review Chapter 5 Legal Review Chapter 5 Staff Review Chapter 10 Legal Review Chapter 10 Staff Review Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 31 Jufn!7/ FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.02. POWERS OF THE CITY. Commented \[ 1\]: May want to make this more broad. This list of powers is very specific. Example: "The City shall have The City of Fridley: all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony shall have perpetual succession; with the constitutions of this state and of the United States. It is the intention of this Charter to confer upon may sue and be sued; the City every power which it would have if it were specifically mentioned. The Charter shall be construed liberally in may use and alter its seal at pleasure; favor of the City, and the specific mention of particular municipal powers in other sections of this Charter do not shall be capable of contracting and being contracted with; limit the powers of the City to those thus mentioned." may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; may acquire, construct, own, lease and operate public utilities, and render public service of every kind; may grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares, tolls, or charges which may be collected, the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise or license; may assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; may borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; may appropriate the money of the City for all lawful purposes; Adopted 10-05-1989 32 Jufn!7/ may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; may license and regulate persons, corporations and associations engaged in any occupation, trade or business; may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use for whatever purposes of the streets and other public places; may make and enforce local police, sanitary, and other regulations; may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. CHARTER, A PUBLIC ACT. Adopted 10-05-1989 33 Jufn!7/ This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen (15) days from and after its adoption by the voters. Section 1.04. DEFINITIONS. 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. (Ref. Ord. 857) Adopted 10-05-1989 34 Jufn!7/ FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Commented \[MM1\]: The Commission could consider citing M.S. Chapter 410, which is the chapter of State law enabling Section 1.02. POWERS OF THE CITY. home rule charter cities and enumerates their scope, role, authorities and some processes. The City of Fridley: Commented \[MM2\]: Brooklyn Center and Ramsey: The city shall have all powers shall have perpetual succession; which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with may sue and be sued; this Charter and with the constitutions of this state and of the United States and with the statutes of this state. It may use and alter its seal at pleasure; is the intention of this Charter to confer upon the city every power which it would have if it were specifically shall be capable of contracting and being contracted with; mentioned, unless otherwise provided in this Charter. The Charter shall be construed liberally in favor of the may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and city, and the specific mention of convey all such real and personal property as its purposes may require, or the transaction of its particular municipal powers in other sections of this Charter does not limit business may render convenient, within or without the limits of the City; the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested may acquire, construct, own, lease and operate public utilities, and render public service of in the council. every kind; Bloomington and White Bear Lake: The City shall have all powers which it may may grant franchises or licenses for the construction, operation and maintenance of public now or hereafter be possible for a utilities in, over, upon and under the streets and public places in the City, and shall have power municipal corporation in this state to exercise in harmony with the to fix and regulate the fares, tolls, or charges which may be collected, the extensions which constitution of the State of Minnesota shall be made, and regulate the services which shall be rendered by any owner or operator of a and of the United States. This Charter shall be construed liberally, and the public utility franchise or license; specific mention of particular powers in the Charter shall not be construed as may assess, levy and collect taxes, for general or special purposes, on all subjects or objects limiting in any way the general powers herein conferred. which the city may lawfully tax; Commented \[MM3\]: I agree with the City Attorney. The Commission may want to may borrow money on the faith and credit of the City or on a public utility or other property consider a more broad statement. owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates Referring to the powers authorized by the State may also anticipate new of indebtedness; power/authority granted by the State, that are not listed here. may appropriate the money of the City for all lawful purposes; may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; Adopted 10-05-1989 35 Jufn!7/ may license and regulate persons, corporations and associations engaged in any occupation, trade or business; may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, Commented \[MM4\]: Staff recommend removing this term. It is subjective and is being safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes removed from the City Code. thereof; may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use for whatever purposes of the streets and other public places; may make and enforce local police, sanitary, and other regulations; may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. CHARTER, A PUBLIC ACT. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen (15) days from and after its adoption by the voters. Commented \[MM5\]: M.S. 410.11: The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions Section 1.04. DEFINITIONS. relating to such city. Most other city charters in the Metro 1. Eligible voter. call for 30 days, not 15. A resident of the City of Fridley who is qualified to register to vote. Adopted 10-05-1989 36 Jufn!7/ 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. Commented \[MM6\]: These terms are found throughout the Charter. The Commission may want to consider defining other terms that are applicable. The only other chapter of the Charter that defines any terms is Chapter 10 (section 10.01) where "franchise" is defined. Commented \[MM7\]: The question of Councilmembers serving on the Commission has been raised in the past. I came across this from the City of Plymouth for the Commission's consideration: A council member may serve on both the City Council and the Charter Commission, as long as no more than one council member serves on the Charter Commission at one time. Council members serving on the Charter Commission on the effective date of this Charter Amendment may complete their terms on the Charter Commission. Adopted 10-05-1989 37 Jufn!7/ 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 Commented \[ 1\]: May not want to have a set amount in here as eventually it will not be sufficient. 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 petition, are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 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 shall be circulated by a registered voter of the City. A petition shall be signed by registered voters of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: Adopted 04-22-2013 38 Jufn!7/ (1) that the circulator has signed the petition; (2) that each signature was signed in the circulator's presence; (3) the signature is from the person who signed the petition in front of the circulator; and (4) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void, the signatures on that paper shall not be used in the calculation of the signatures needed to fulfill the petition requirement. (Ref Ord 1305) 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 Commented \[ 2\]: Shouldn't the City Clerk also verify the signatures? paper has been falsely attested to, shall verify the signatures and 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 fifteen percent (15%) of the total number of votes cast at Commented \[ 3\]: By whom? Registered voters? the last state general election in the City. Each signature paper shall be in substantially the following form: (Ref Ord 1305) Adopted 04-22-2013 39 Jufn!7/ INITIATIVE PETITION Proposing an ordinance to . . . . . . . . . (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Birth Year Address (Please Print) Signature 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, 1305) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within ten (10) 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 fifteen Commented \[ 4\]: Registered voters? percent (15%) of the total number of votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more members of the petition committee of that fact, stating 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 particulars with the City Clerk The calculation of the ten days begins on the date the letter is postmarked. The City Clerk shall have five (5) days to verify Commented \[ 5\]: May want to say "date of the notice" in case notice is given some other way (i.e. email) the sufficiency of the additional signature papers or corrected petition. If at the end of that period Commented \[ 6\]: Is this enough time? May want to say the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's "business days." office and no further action shall be taken. The City Clerk shall notify one (1) or more members of the petition committee of that fact. (Ref. Ord. 625, 857, 1142, 1305) Section 5.07. ACTION OF THE COUNCIL ON INITIATIVE PETITIONS. A. Completed Petition With Signatures Under 25% When the completed petition is found to be sufficient, with the number of signers of the petition not Commented \[ 7\]: Registered voters? less than fifteen percent (15%) and less than twenty-five percent (25%) of the total votes cast at the last state general election, the City Clerk shall transmit the initiative petition to the Council at its next Adopted 04-22-2013 3: Jufn!7/ meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. 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 a majority of the petition committee, the proposed ordinance shall be Commented \[ 8\]: This could be a little too subjective of a standard. submitted by the Council to the electorate at the next regular municipal election. B. Completed Petition With Signatures of 25% or More When the completed petition is found to be sufficient with the number of signers of the petition equal to at least twenty-five percent (25%) or more of the total votes cast at the last state general Commented \[ 9\]: By registered voters? election, 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. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition, the Council shall call for an election and place the question on the ballot. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the Commented \[ 10\]: I think that even though it would be done as part of the general election, it would still be petition is submitted after July 1st of an even year or during an odd year, the Council shall call for a considered a special election. special election subject to Minnesota Election Law. (Ref 1305) 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. Commented \[ 11\]: May want to figure out a way to resolve inconsistencies between the two ordinances before (Ref. Ord. 625, 857, 1305) the election. Section 5.09. INITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes Chapter 410. (Ref. Ord. 857, 914.) REFERENDUM Adopted 04-22-2013 41 Jufn!7/ 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 votes cast at the last state general election in the City request that any such ordinance be Commented \[ 12\]: By registered voters? repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. (Ref. Ord. 857, 1142, 1305) 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: ÑProposed Ordinance on File. Fridley City Clerk _____, Date _____.Ò A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Birth Year Address (Please Print) Signature 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, 1305) Section 5.12. FILING OF REFERENDUM PETITIONS Adopted 04-22-2013 42 Jufn!7/ 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purposes of petitioning for a referendum repealing a charter amendment Commented \[ 13\]: I am not aware of a statute that authorizes the repeal of a charter amendment. There is a are set forth in Minnesota State Statutes. statute that requires a referendum on a charter amendment. 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within ten (10) 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 votes cast at the last state general election in the Commented \[ 14\]: By registered voters? City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more members of the petition committee of that fact, stating 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 particulars with the City Clerk. The calculation of the ten days begins on the date the letter is postmarked. 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 ClerkÔs office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify one (1) or more members of the petition committee of that fact. (Ref. Ord. 1252, 1305) 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: Commented \[ 15\]: Automatically? 1. There is a final determination of insufficiency of the petition; or 2. The petitionerÔs 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 by August 1st of an even year, the question shall be placed on the next regular municipal election ballot. If Commented \[ 16\]: I think that this is still considered to be a special election even though it is held in conjunction with approved after August 1st of an even year, the Council shall immediately order a special election to the regular election. be held subject to Minnesota Election Law. (Ref. Ord. 1252, 1305) Section 5.15. REFERENDUM BALLOTS. Adopted 04-22-2013 43 Jufn!7/ The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. 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%) of the total number of votes cast in the last state general election in the Ward or City Commented \[ 17\]: Registered voters? represented by the office holder. Each signature paper shall be in substantially the following form: Commented \[MM18R17\]: No. Total number of votes ĭğƭƷ͵ ! ǝƚƷĻ ǞƚǒƌķƓ͸Ʒ ĬĻ ĭğƭƷ źƓ ğƓ ĻƌĻĭƷźƚƓ ǞΉƚǒƷ ƷŷĻ ǝƚƷĻƩ (Ref 1305) being registered. Commented \[ 19\]: Which one is it? Ward or entire City? RECALL PETITION Or, if the council member who is being recalled represents a ward, is that particular ward? And if it is an at-large council Proposing the recall of . . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set member, is it the entire City? forth in the attached statement. This movement is sponsored by the following committee of Commented \[MM20R19\]: So, if the Ward 1 registered voters: /ƚǒƓĭźƌƒĻƒĬĻƩ Ǟğƭ źƓ ƨǒĻƭƷźƚƓͲ ǞƚǒƌķƓ͸Ʒ źƷ ĬĻ ЋЎі ƚŅ ƷƚƷğƌ number of votes cast in that ward? Or, if it was Councilmember-at-Large/Mayor, then it would be 25% of Name Address votes cast in the City. 1. 2. 3. 4. 5. Adopted 04-22-2013 44 Jufn!7/ 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 Birth Year Address Signature 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, 1305) 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 ten (10) 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 votes cast at the last state general election in Commented \[ 21\]: Registered voters? the Ward or City represented by the office holder, the City Clerk shall at once notify one (1) or more Commented \[MM22R21\]: No. members of the petition 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. The calculation of the ten days begins on the date the letter is postmarked. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, one (1) or more of the members of the petition 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, 1305) Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election subject to Minnesota Election Law. (Ref. Ord. 1252, 1305) Commented \[ 23\]: May want to cite the applicable election statutes here. Commented \[MM24R23\]: Or, State Statute. However we Section. 5.20. PROCEDURE AT RECALL ELECTION. ķƚ ƷŷźƭͲ źƷ ƭŷƚǒƌķ ĬĻ ĭƚƓƭźƭƷĻƓƷ͵ ͻaźƓƓĻƭƚƷğ {ƷğƷǒƷĻͼ źƭ ŷƚǞ the City Code is being formatted. 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 Commented \[ 25\]: Can this election be held at the same time? It implies that it can, although it seems to me that accordance with the usual procedure in municipal elections. (Ref. Ord. 857, 1142) the recall should happen first. Section 5.21. FORM OF RECALL BALLOT. Adopted 04-22-2013 45 Jufn!7/ 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 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 ÑYesÒ), 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 ÑNoÒ), 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) Adopted 04-22-2013 46 Jufn!7/ 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) Commented \[MM1\]: I recommend the Commission re- phrase this section. To someone unfamiliar with the Charter, this may be confusing as is written. Section 5.02. EXPENDITURES BY PETITIONERS. Commented \[MM2\]: The Commission may want to consider a Definitions section for this chapter. Terms like No member of any initiative, referendum, or recall committee, no circulator of a signature paper, initiative, referendum and recall are not used by most residents. Such a section may help provide clarity to the rest and no signer of any such paper, or any other person, shall accept or offer any reward, monetary or of the chapter. 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 Commented \[BK3\]: Remove amount and say "incurring expenses for stationary, copying, printing and notaries' fees. stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses Commented \[MM4R3\]: What is the rationale for the shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. dollar amount? Is there a benefit to explicitly stating an Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall amount? 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 petition, are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 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 shall be circulated by a registered voter of the City. A petition shall be signed by registered voters of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the Commented \[MM5\]: Is this necessary? petition by an attached notarized affidavit which states: Would the Commission be comfortable with some sort of statement saying a circulator must use a petition form provided by the City...or something to that effect? Adopted 04-22-2013 47 Jufn!7/ (1) that the circulator has signed the petition; (2) that each signature was signed in the circulator's presence; (3) the signature is from the person who signed the petition in front of the circulator; and (4) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void, the signatures on that paper shall not be used in the calculation of the signatures needed to fulfill the petition requirement. (Ref Ord 1305) 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 Commented \[MM6\]: Agree with the Attorney. Recommend explicitly requiring the City Clerk to verify paper has been falsely attested to, shall promptly forward such information to the proper signatures, then promptly forward that information to authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625) proper authorities if not able to verify. 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 fifteen percent (15%) of the total number of votes cast at the last state general election in the City. Each signature paper shall be in substantially the following form: (Ref Ord 1305) Adopted 04-22-2013 48 Jufn!7/ INITIATIVE PETITION Proposing an ordinance to . . . . . . . . . (stating the purpose of the ordinance), a copy of which Commented \[BK7\]: Can we remove these dots? ordinance is hereto attached. This ordinance is sponsored by the following committee of Commented \[MM8R7\]: I am not sure if this level of process is required for the Charter (i.e., what a form looks registered voters: like). The Charter can include the opening language and make a statement that any circulators of a petition should Name (Please Print) Address (Please Print) use the petition form provided by the City. That way they are all consistent and all required information is clearly 1. stated on the form - minimizes errors from circulators who 2. may be unfamiliar with such a process. 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) Birth Year Address (Please Print) Signature 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, 1305) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within ten (10) 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 fifteen percent (15%) of the total number of votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more members of the petition committee of that fact, stating 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 particulars with the City Clerk The calculation of the ten days begins on the date the letter is postmarked. The City Clerk shall have five (5) days to verify Commented \[BK9\]: Add "business days" the sufficiency of the additional signature papers or corrected petition. 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 one (1) or more members of the petition committee of that fact. (Ref. Ord. 625, 857, 1142, 1305) Section 5.07. ACTION OF THE COUNCIL ON INITIATIVE PETITIONS. A. Completed Petition With Signatures Under 25% When the completed petition is found to be sufficient, with the number of signers of the petition not less than fifteen percent (15%) and less than twenty-five percent (25%) of the total votes cast at Adopted 04-22-2013 49 Jufn!7/ the last state general election, 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. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. 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 a majority of the petition committee, the proposed ordinance Commented \[MM10\]: I agree with the Attorney. Who ķĻŅźƓĻƭ ǞŷğƷ ͻǒƓƭğƷźƭŅğĭƷƚƩǤͼ źƭ źƓ Ʒŷźƭ ƭźƷǒğƷźƚƓͪ shall be submitted by the Council to the electorate at the next regular municipal election. B. Completed Petition With Signatures of 25% or More When the completed petition is found to be sufficient with the number of signers of the petition equal to at least twenty-five percent (25%) or more of the total votes cast at the last state general election, 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. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition, the Council shall call for an election and place the question on the ballot. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st of an even year or during an odd year, the Council shall call for a special election subject to Minnesota Election Law. (Ref 1305) 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, 1305) 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.) Adopted 04-22-2013 4: Jufn!7/ 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 votes cast at the last state general election in the City 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, 1305) 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: ÑProposed Ordinance on File. Fridley City Clerk _____, Date _____.Ò A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Birth Year Address (Please Print) Signature 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, 1305) Commented \[MM11\]: Same comment as above. The Commission may want to consider requiring a standardized form. Adopted 04-22-2013 51 Jufn!7/ 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 ten (10) 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 votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more members of the petition committee of that fact, stating 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 particulars with the City Clerk. The calculation of the ten days begins on the date the letter is postmarked. 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 ClerkÔs office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify one (1) or more members of the petition committee of that fact. (Ref. Ord. 1252, 1305) Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition; or 2. The petitionerÔs 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 by August 1st of an even year, the question shall be placed on the next regular municipal election ballot. If approved after August 1st of an even year, the Council shall immediately order a special election to be held subject to Minnesota Election Law. (Ref. Ord. 1252, 1305) Adopted 04-22-2013 52 Jufn!7/ Section 5.15. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. 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%) of the total number of votes cast in the last state general election in the Ward or City represented by the office holder. Each signature paper shall be in substantially the following form: (Ref 1305) 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. Adopted 04-22-2013 53 Jufn!7/ 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 Birth Year Address Signature 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, 1305) Commented \[MM12\]: Same comment as above. Make a standardized form provided by the City. 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 ten (10) 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 votes cast at the last state general election in the Ward or City represented by the office holder, the City Clerk shall at once notify one (1) or more members of the petition 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. The calculation of the ten days begins on the date the letter is postmarked. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, one (1) or more of the members of the petition 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, 1305) Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election subject to Minnesota Election Law. (Ref. Ord. 1252, 1305) 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 Commented \[MM13\]: Their 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) Commented \[MM14\]: Pursuant to Minnesota Statute. Adopted 04-22-2013 54 Jufn!7/ 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 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 ÑYesÒ), 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 ÑNoÒ), 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) Commented \[MM15\]: Standardized forms w/ instructions are the best way to ensure this happens. Adopted 04-22-2013 55 Jufn!7/ FRIDLEY CITY CHARTER CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Section 10.01. DEFINITION OF FRANCHISES. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 10.02. FRANCHISE ORDINANCES. The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than Commented \[ 1\]: 20 days' notice is a long time. May want to change it to 10 days' sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right notice which is standard for other types of the public to the use of streets and public places. All corporations, co-partnerships, companies, of public hearings. persons or other entitiesy desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly granted by the City Council andexecuted by the grantee, has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. A franchise ordinance may be published by title and summary. Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, company, person, or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) Section 10.05. RATES AND CHARGES. Adopted 10-05-1989 56 Jufn!7/ Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things, provisions, relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five (25) years. 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys, sidewalks, trails, and other public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 7. The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise Adopted 10-05-1989 57 Jufn!7/ or the value thereof, if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public Commented \[ 2\]: May want to say that amendments to ordinances that extend utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice franchise fees do not require a public of such public hearing shall be given by published notice at least once in the official newspaper not hearing. less than twenty (20) days prior to the date of such public hearing. Additional notice of such public Commented \[ 3\]: 20 days is a long time. hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625) May want to change to 10 days which is the standard for other types of public hearings. Adopted 10-05-1989 58 Jufn!7/ FRIDLEY CITY CHARTER CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Commented \[MM1\]: 410.09 REGULATION OF FRANCHISES. Such proposed charter may provide for Section 10.01. DEFINITION OF FRANCHISES. regulating and controlling the exercise of privileges and franchises in or upon the streets and other public places of The word "franchise" as used in this Charter shall be construed to include all privileges granted to the city, whether granted by the city, by the legislature, or by any other any person, firm, association or corporation in, over, upon or under any of the highways or public authority; but no perpetual franchise or places of the City, whether such privileges have been or shall hereafter be granted either by the City privilege shall ever be created, nor or by the State of Minnesota. shall any exclusive franchise or privilege be granted, unless the proposed grant be first submitted to the Section 10.02. FRANCHISE ORDINANCES. voters of the city, and be approved by a majority of those voting thereon, nor in such case for a period of more than 25 The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) years. members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co- partnerships, persons or other entity desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly executed by the grantee, has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) Section 10.05. RATES AND CHARGES. Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these Adopted 10-05-1989 59 Jufn!7/ limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things, provisions, relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five (25) years. 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 7. The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise or the value thereof, if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Commented \[MM2\]: May want to consider deleting or adding this catch all as bullet 8 under Franchise Provisions. Adopted 10-05-1989 5: Jufn!7/ Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional Commented \[MM3\]: Why 20? notice of such public hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625) Adopted 10-05-1989 61 Jufn!8/ AGENDA REPORT Meeting Date:January 9, 2023 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Future Meeting Topics Background Future meeting topic items requested by commissioners: Review of Chapters 1, 5 and 10 Review of Bylaws Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendlyand stable home for families and businesses. 62