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01-13-2025 Charter Commission Meeting January 13, 2025 7:00 PM Fridley Civic Campus, 7071 University Ave N.E. Agenda Pursuant to Minnesota Statute§ 13.02 the January 13, 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/82824141146?pwd=Nvvq9GzLRH5wAlw3bZSh3wqWSyKttm.1 Call to Order Roll Call Approval of Agenda Approval of Meeting Minutes 1.Approval of October 7, 2024 Charter Commission Meeting Minutes Administrative Matters 2.Prospective Commissioner Interviews Old Business 3.Chapters 5 Review New Business 4.2025 Nominating Committee Future Meeting Topics/Communications 5.Future Meeting Topics Adjournment Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. 2 Charter Commission Meeting 1/13/2025 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 CityClerk@FridleyMN.gov or (763) 572-3450. 3 Jufn!2/ AGENDA REPORT Meeting Date:January 13, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Approval of October 7, 2024 Charter Commission Meeting Minutes Background Attached are the minutes fromOctober 7, 2024 Recommendation Staff recommend the approval of theOctober 7, 2024Charter Commission Meeting Minutes. Attachments and Other Resources October 7, 2024Charter Commission Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ Charter CommissionMeeting October 7, 2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chair Nelson called the Charter Commission meeting to order at 7:03p.m. Present Mohammed Barre Greg Gardner Clifford Johnson Nikki Karnopp Dave Linton Audrey Nelson Rick Nelson Pam Reynolds Valerie Rolstad Doug Schmitz Kathy Smith Absent Donald Findell Ted Kranz Others Present Melissa Moore, City Clerk/Communications Manager Beth Kondrick, Deputy City Clerk Approval of Agenda Motion to approve the agenda by Commissioner Reynolds, seconded by CommissionerRolstad. Upon a roll callvote, all voting aye, Chair Nelson declared the motion carried unanimously. Approval of Meeting Minutes 1.Approval ofSeptember 10, 2024, Charter Commission Meeting Minutes Motion to approve the September 10, 2024 Meeting Minutes as presented by Commissioner Gardner. Seconded by Commissioner Rolstad. Upon a rollcallvote, all voting aye, Chair Nelson declared the motion carried unanimously. 5 Jufn!2/ Charter Commission 10-07-2024 Minutes Page 2 Administrative Matters 2. 2025 Meeting Calendar Ms. Kondrick informed the Commission the City Council approved the proposed Joint Meeting date for 2025 and recommended the 2025 meeting schedule for approval. Motion to approve the 2025 meeting schedule by Commissioner Karnopp. Seconded by Commissioner Rolstad. Upon a roll call vote, all voting aye, Chair Nelson declared the motion carried unanimously. 3. Annual Report Ms. Moore provided a draft of the Annual Report to the Commission for approval. Upon approval of the Annual Report, staff will forward to the Chief Judge. Commissioner Linton mentioned he was left off the new member list in the report. Staff will add his name before sending to the Judge. Karnopp. Seconded by Commissioner Rolstad. Upon a roll call vote, all voting aye, Chair Nelson declared the motion carried unanimously. 4. Resignation of Commissioner Brillhart Commissioner Brillhart submitted a letter of resignation from the Commission effective immediately. The vacancy will be posted online and the Commission will conduct interviews at the January meeting. by Commissioner Reynolds. Upon a roll call vote, all voting aye, Chair Nelson declared the motion carried unanimously. Old Business 5. Chapter 5 Review The Commission continued to review Chapter 5 for updates. Discussion was held on language clarification in section 5.03 sub 9 as to who should receive petition guide. Motion to approve section 5.03 by Commissioner Rolstad. Seconded by Commissioner Barre. Upon a roll call vote, all voting aye, Chair Nelson declared the motion carried unanimously. 6 Jufn!2/ Charter Commission 10-07-2024 Minutes Page 3 needed for a committee. Motion to approve section 5.04 by Commissioner Linton. Seconded by Commissioner Rolstad. Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously. Discussion was held on section 5.05 and where the number of 15% for signatures came from. Commissioner Linton did some research and presented the Commission with some statistics. A request was made for Staff to do some research on what is in State Statute and what other Cities have in their Charter. Motion to table further discussion on Chapter 5 until research is brought to next meeting by Commissioner Rolstad. Seconded by Commissioner Karnopp. Upon a roll call vote, with one nay from Chair Nelson, and all others voting yay, Chair Nelson declared the motion carried. Future Meeting Topics/Communications 6. Future Meeting Topics !Interviewing candidates for open seat on the Commission !Continue Chapter 5 starting with section 5.05 !Proposed language change to Charter regarding organized garbage hauling Adjournment Motion by Commissioner Rolstad to adjourn the meeting. Seconded by Commissioner Johnson. Upon a roll call vote, all voting aye, Chair Nelson declared the motion carried unanimously. The meeting adjourned at 8:23 p.m. 7 Jufn!3/ AGENDA REPORT Meeting Date:January 13, 2025 Meeting Type:Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Prospective Commissioner Interviews Background On October 7, 2024,the Charter Commission accepted the resignation of Commissioner Brillhart, resulting in one vacancy. Attached areinterest formsfrom Sara Schreiner, Brad Bremenerand Saynab Jama, threeresidentswho would like to serve on the CharterCommission. Some of the applicant data is considered private data on individuals and has been redacted pursuant to Minnesota Statute § 13.601 subd. 3.Allapplicants are and have submitted supplemental questionnaires(attached) as has been customary for the Commission. As a reminder, State law authorizes the district court with the authority to appoint members to the Commission. The Chief Judge may consider a recommendation for appointment by the Commission. Minnesota Statute § 410.05 subd. 3 states:A city council, a charter commission, or the petitioners requesting the appointment of a charter commission may submit to the court the names of eligible nominees which the district court may consider in making appointments to the charter commission.It ha a recommendation to the court for appointment. Upon recommendation of the Commission,staff will communicate with the Chief Judge, who will make an appointment. Recommendation Staff recommend the Commission discourse with the three applicants. Staff recommend the Commission make a motion to recommend one applicant for appointment to the Chief Judge. Attachments and Other Resources Sara Schreiner Charter Commission Application Sara Schreiner Charter Commission Questionnaire Brad Bremener Charter Commission Application Brad Bremener Charter Commission Questionnaire Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!3/ Saynab Jama Charter Commission Application !Saynab Jama Charter Commission Questionnaire Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 9 Jufn!3/ : Jufn!3/ 21 Jufn!3/ 22 Jufn!3/ Charter Commission Candidate Questionnaire Sara Schreiner Candidate Name: ___________________________________________ 1. Are you available for winter meetings (the months of January through May)? Yes, I am available. 2. If you are appointed, what would your expectations be? If appointed, I would expect to meet multiple times a year in the evening. During those meetings I would expect to review and look at important aspects of the city and, as a commission, we would make recommendations and advise the City Council. 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? Fridley continues to evolve and change and I would like to influence how the city operates. As an educator, I am passionate about advocating for equity and fair representation. I am skilled at guiding discussions and ensuring all voices are heard, while maintaining focus on objectives. 5.Are you familiar with what the City Charter is? Yes, I have a basic understanding of what the City Charter is. 6. Is there anything else or any other comments you would like to share with the Commission? I have lived in Fridley since 1970 and love our community. As an adult, we chose to raise our children here and I want to give back to a city that gave our family a strong foundation. I am interested in policy and innovation, representation and advocacy. I am passionate about making a tangible difference in Fridley and feel the City Charter is an excellent way for me to do this. Please submit this form to cityclerk@fridleymn.gov. Thank you. 23 Jufn!3/ 24 Jufn!3/ 25 Jufn!3/ Charter Commission Candidate Questionnaire Brad Bremener 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 for being a member of the commission are understanding the goals of the group, doing all required preparations, and showing up at the meetings to work as efficiently as possible since agenda time is limited. 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 been a citizen for 10 years now and am appreciative of Fridley. I want to learn more about our local government while doing what I can to assist. My core competencies are related to the effective use of technology - but I also enjoy learning about new things and trying to encourage others to explore. 5.Are you familiar with what the City Charter is? Yes - I have reviewed the charter as well as the commission's working documents from 2023. 6. Is there anything else or any other comments you would like to share with the Commission? Thank you for considering my application - I am looking forward to learning more about how I can help our city continue to develop. Please submit this form to cityclerk@fridleymn.gov. Thank you. 26 Jufn!3/ 27 Jufn!3/ 28 Jufn!3/ 29 Jufn!3/ Charter Commission Candidate Questionnaire Tbzobc!Kbnb Candidate Name: ___________________________________________ 1. Are you available for winter meetings (the months of January through May)? Zft-!J!bn!bwbjmbcmf 2. If you are appointed, what would your expectations be? Jg!bqqpjoufe!up!uif!Gsjemfz!Dibsufs!Dpnnjttjpo-!nz!fyqfdubujpot!xpvme!jodmvef!uif!gpmmpxjoh Dpmmbcpsbujpo!boe!Fohbhfnfou;!Xpsljoh!dmptfmz!xjui!puifs!dpnnjttjpo!nfncfst!jo!b!sftqfdugvm!boe dpmmbcpsbujwf!fowjsponfou!up!sfwjfx!boe!sfdpnnfoe!jnqspwfnfout!up!uif!djuz’t!dibsufs/!Fohbhjoh!xjui djuz!mfbefst-!tubgg-!boe!uif!qvcmjd!up!fotvsf!b!xfmm.spvoefe!voefstuboejoh!pg!dpnnvojuz!offet!boe qfstqfdujwft/ 3. Does your job require travel, that may inhibit your participation in evening meetings? Op 4. Why do you want to be on the Charter Commission? What could you bring to the table? J!xbou!up!cf!po!uif!Gsjemfz!Dibsufs!Dpnnjttjpo!cfdbvtf!J!bn!effqmz!dpnnjuufe!up!tfswjoh!nz dpnnvojuz!boe!fotvsjoh!uibu!pvs!djuz’t!hpwfsojoh!gsbnfxpsl!sfgmfdut!uif!offet-!qsjpsjujft-!boe btqjsbujpot!pg!bmm!sftjefout/!Bt!tpnfpof!qbttjpobuf!bcpvu!djwjd!fohbhfnfou!boe!frvjubcmf hpwfsobodf-!J!tff!uijt!bt!bo!pqqpsuvojuz!up!dpousjcvuf!up!Gsjemfz’t!dpoujovfe!hspxui!boe!jodmvtjwjuz/ 5.Are you familiar with what the City Charter is? Zft-!J!bn!gbnjmjbs!xjui!xibu!b!Djuz!Dibsufs!jt!boe!jut!jnqpsubodf-!jodmvejoh!jut!sfmfwbodf!up!uif!Djuz!pg!Gs jemfz-!NO 6. Is there anything else or any other comments you would like to share with the Commission? J(e!mjlf!up!fyqsftt!nz!hfovjof!fouivtjbtn!gps!uif!pqqpsuvojuz!up!tfswf!po!uif!Gsjemfz!Dibsufs Dpnnjttjpo/!Uijt!qptjujpo!sfqsftfout!npsf!uibo!kvtu!b!hpwfsobodf!spmf„jut!b!dibodf!up!dpousjcvuf nfbojohgvmmz!up!uif!gvuvsf!pg!pvs!dpnnvojuz!cz!fotvsjoh!uif!djuz(t!dibsufs!sfgmfdut!uif!wbmvft!pg!frvjuz- usbotqbsfodz-!boe!jodmvtjpo/!Jg!bqqpjoufe-!J!xjmm!bqqspbdi!uijt!spmf!xjui!uipvhiugvmoftt-!joufhsjuz-!boe!b dpnnjunfou!up!fotvsjoh!uibu!uif!dibsufs!dpoujovft!up!tfswf!bt!b!spcvtu!gpvoebujpo!gps!Gsjemfz(tt!hspxui boe!tvddftt/!Uibol!zpv!gps!dpotjefsjoh!nz!bqqmjdbujpo-!boe!J!mppl!gpsxbse!up!uif!qpttjcjmjuz!pg dpousjcvujoh!up!uijt!jnqpsubou!xpsl/ Please submit this form to cityclerk@fridleymn.gov. Thank you. 2: Jufn!4/ AGENDA REPORT Meeting Date:January 13, 2025 Meeting Type: Charter Commission Submitted By:Melissa Moore,City Clerk/Communications Manager Title Chapters 5 Review Background Last yearthe Charter Commission directed staff to draftrevisions toChapter 5for the Commission to . At the October meeting the Commission worked through and finished Section 5.04. suggested revisions based on Statute and updated writing styles. Revisions to Chapter 5 draft Revisions to the draft directed from the Octobermeeting that are now in the draft include: Section 5.03(9) now reflects changesdirected by the Commission. The last sentence of Section 5.04now mimics the format from Section 5.11 as directed by the Commission. Minnesota Statute Minnesota Statute § 410.12describes the process for initiating a petition to update a city charter. Staff encourage commissioners to read through the entirety of the section (attached) as a frame of reference for how State law directs a petition process. Again, this is only to petition for a charter amendment. Threshold Comparison The Commission directed staff to survey other charter cities for the threshold required to submit a petition: CityThresholdTo read more Brooklyn CenterInitiative 5%https://www.brooklyncenter Referendum 10%mn.gov/home/showpublishe Of votes cast at last state general ddocument/286/6380911286 election03030000 HopkinsInitiative 10%https://library.municode.com Referendum 15%/mn/hopkins/codes/code_of Recall 25%_ordinances?nodeId=PTICH_ CH5_INRERE Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 31 Jufn!4/ !Of the total number of votes cast at last regular municipal election Columbia Heights !Initiative 10% https://cms5.revize.com/reviz !Referendum 10% e/columbiaheights/documen !Recall 25% t_center/Government/Updat !Of the total votes cast at the last ed%20City%20Charter%20O preceding regular municipal election CT%202016.pdf Plymouth !Initiative 15% https://library.municode.com !Referendum 15% /mn/plymouth/codes/code_ !Of the number of persons registered to of_ordinances?nodeId=CH_C vote at the last regular city election H_CH5INRE !No reference to recall Crystal !Initiative 5% https://library.municode.com !Referendum 5% /mn/plymouth/codes/code_ !Of registered voters registered in the city of_ordinances?nodeId=CH_C on the date of the preceding regular H_CH5INRE municipal election !No reference to recall Anoka !Initiative 10% https://www.anokaminnesota !Referendum 3% .com/DocumentCenter/View/ !Recall 10% 1370/CITY-CHARTER !Of the total number of registered voters at the time of the last preceding regular municipal election Ham Lake !Initiative 10% https://www.hamlakemn.gov !Of those who were registered to vote as /sites/default/files/files/CHA of the completion of voting at the RTER%20- preceding city election %20effective%20November %2017%2C%202015.pdf Lino Lakes !Initiative 5% https://codelibrary.amlegal.c !Referendum 10% om/codes/linolakes/latest/lin !Recall 15% olakescharter/0-0-0-190 !Of the registered voters at the time of the last regular municipal election Ramsey !Initiative 20% https://library.municode.com !Referendum 20% /mn/ramsey/codes/code_of_ !Recall 20% ordinances?nodeId=PTICH !Of the total number of registered voters in the city at the time of the last city- wide election Bloomington !Initiative 10% https://codelibrary.amlegal.c !Referendum 15% om/codes/bloomington/late !Recall 25% st/bloomington_mn/0-0-0- !Of the total number of votes cast at the 43530 last preceding regular municipal election Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 32 Jufn!4/ Minnetonka !Initiative 10% https://codelibrary.amlegal.c !Referendum 20% om/codes/minnetonka/latest !Of the number of persons voting in the /minnetonka_mn/0-0-0- city at the last state general election 19765 !No reference to recall Robbinsdale !Initiative 15% https://www.robbinsdalemn. !Referendum 15% com/home/showpublishedd !Recall 25% ocument/14327/6383381665 !Of the total number of registered voters 47500000 in the city at the time of the preceding regular municipal election Coon Rapids !Initiative 15% https://library.municode.com !Referendum 15% /mn/coon_rapids/codes/cod !Of the votes cast at the last regular e_of_ordinances?nodeId=TIT municipal election at which the Mayor 1CHCORAMI was elected !No reference to recall Blaine !Initiative 10% https://library.municode.com !Referendum 15% /mn/blaine/codes/code_of_o !Of the total number of votes cast at the rdinances?nodeId=PTICH preceding regular municipal election Brooklyn Park !Initiative 15% of the total number of https://www.brooklynpark.or votes cast at the last gubernatorial g/wp- election content/uploads/2021/06/Cit !Referendum 15% of the total number of y-Charter-with-May-2022- votes cast at the last gubernatorial Update.pdf election !Recall 25% of the total number of registered voters in the city Recommendation Staff recommend the Commission review the drafted revisions to Chapter 5. Attachments and Other Resources !Chapter 5 Staff Review !M.S. § 410.12 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 33 Jufn!4/ Fridley City Charter Chapter 5. Initiative, Referendum and Recall Section 5.01 Definitions Circulator: a person who presents a petition to others for signature. City Charter, Charter: The City of FridleyÔs (City) local constitution. Committee: A group of at least five registered voters who sponsor a proposed initiative. Electorate: All people in the City who are entitled to vote in an election. Initiative: A proposed law or Charter amendment to be placed before the Electorate during a special or General Election. Malfeasance: An illegal act by an elected official performed in their official capacity. Nonfeasance: Neglect or refusal to perform official duties. Ordinance: City law enacted by the Fridley City Council (Council). Petitioner: a person who initiates a petition. Recall: A proposed initiative that seeks to remove any elected officer of the City. Referendum: A proposed initiative that seeks to prevent an existing law or Charter amendment from taking effect. Registered Voter: An eligible voter who complies with voting registration procedures and requirements as established by State law. Section 5.01. 5.02 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.) In accordance with the provisions of the Charter, the people of the City reserve the power to: Initiate a petition to adopt an ordinance (except an ordinance appropriating money or authorizing the levy of taxes) to be voted on by the electorate; 34 Jufn!4/ Require an ordinance when passed by the Council to be referred (referendum) to the electorate for approval or disapproval; and Recall any elected officer of the City. A petition for an initiative, referendum or recall may be submitted, signed and circulated upon the grounds authorized by State law and the Constitution of the State of Minnesota. Section 5.02. Expenditures by Petitioners No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, monetary or otherwise, for service rendered in connection with the circulation thereof. This shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. Section 5.03. Initiative, Referendum and Recall Further Regulations 1. No rewards, monetary or otherwise, may be accepted by: Any person who is a member of an initiative, referendum or recall committee; Any person who circulates a petition for initiative, referendum or recall; or Any person who signs a petition for initiative, referendum or recall. 2. Committees for an initiative, referendum or recall may pay for legal advice and incur related committee expenses not to exceed $1,000. A sworn statement substantiating such expenses must be turned over to the City Clerk within five days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section must be reported by the City Clerk to the proper authorities pursuant to State law. 1.3. 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 infor 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 State law as may be elsewhere provided. 2.4. A petition under this Charter shallfor an initiative, referendum or recall must be filed in with the office of the City Clerk as one (1) instrument, which instrument shall and contain any all required documents (appropriate to the petition), a copy of any ordinance proposed, covered or affected, and all the supporting signature papers and affidavits attached in support of the same. 35 Jufn!4/ 3.5. A petition shall for an initiative, referendum or recall must be circulated by a registered voter of the City. A valid petition shall may only 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 must be certified as the circulator of the petition by an attached notarized affidavit which states: (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 thereonindicated on the petition. Any signature paperpetition lacking the notarized affidavit shall beis void. If voidvoided, the signatures on that paper shall may not be used in the calculation of the signatures needed to fulfill the petition requirement. 4.6. The insufficiency or irregularity of a petition shall may 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. 5.7. The Council may provide by ordinance such any further regulations for the an initiative, referendum, and or recall not inconsistent with this Charter as it deems necessary. 6.8. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. If the City Clerk finds that any documented information or signature on any petition for an initiative, referendum or recall has been falsely attested to, the City Clerk must promptly forward such information to the proper authorities pursuant to State law. 9. The City Clerk must provide to a committee member circulating a petition for an initiative, referendum or recall, written instructions delineating the correct and proper procedure for circulating the petition. INITIATIVE Section 5.04. Initiation of MeasuresInitiative Petition Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.015.02. Before circulating any petition the committee shall must file a copy of the 36 Jufn!4/ proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall must attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereofof the petition. 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:_____" A verified copy of the initiative must be a copy to which the City Clerk has affixed the words: ÑProposed Ordinance on File. Fridley City Clerk _____, Date _____.Ò Section 5.05. Form of Initiative Petition and of Signature Papers The completed petition for the adoption of any ordinance not yet in effect, shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be Petitions are not complete unless signed by at least fifteen percent (15%) of the total number of votes cast at in the last state general electionGeneral Election in the City. Each signature paper shall page must be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to __________________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Birth Year Address (Please Print) Signature At the end of each group of signatures papers shall be appendedmust be the affidavit of the circulator mentioned detailed in Section 5.03.035.03.05. Section 5.06. Filing of Initiative Petitions and Action Thereon Within ten (10) days after the filing of the completed petition, the City Clerk shall ascertain by examination will determine if the number of signatures appended theretosubmitted and whether this number is at least fifteen percent (15%) of the total number of votes cast at the last state general 37 Jufn!4/ electionGeneral Election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall must 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 will then be given ten (10) business 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 business days begins on the date the letter is postmarked. The City Clerk shall may have five (5) business days to verify 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 must be filed in the City Clerk's office with the City Clerk and no further action shall will be taken. The City Clerk shall must notify one (1) or more members of the petition committee of that fact. Section 5.07. Action of the Council on Sufficient Initiative Petitions A.1. Completed Petition With Signatures Under 25% When the completed petition is found to be sufficient, withIf the number of signers of the petition is not less than fifteen percent (15%) and less than twenty-five percent (25%) between 15% and 25% of the total votes cast at in the last state general electionGeneral Election, the City Clerk shall must transmit the initiative petition to the Council at its next meeting., stating the The notification to the Council must include the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall must at once read the ordinance and shall thereupon providecall for a public hearing upon regarding the ordinance. After holding the public hearing, the ordinance shall must be finally acted upon by the Council not no 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 will 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 must be submitted by the Council to the electorate at the next regular municipal election. B.2. Completed Petition With Signatures of 25% or More When the completed petition is found to be sufficient withIf the number of signers of the petition equal equals to at least twenty-five percent (25%) or more of the total votes cast at in the last state general electionGeneral Election, the City Clerk shall must transmit the initiative petition to the Council at its next meeting., stating the The notification to the Council must include the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall must at once read the ordinance and shall thereupon provide call for a public hearing upon regarding the ordinance. After holding the public hearing, the ordinance shall must be finally acted upon by the Council not no 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 will 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 must call for an election and place the 38 Jufn!4/ question on the ballot. If the petition is submitted by July 1st of an even year, the question shall must 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 may call for a special election subject to Minnesota Election LawState law. Section 5.08. Initiative Ballots The ballots used when voting upon such proposed ordinance shall must state the substance of the ordinance and shall must 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 will become an ordinance of the City. Any number of proposed ordinances may be voted upon at in the same election.; but the voter shall be allowed to vote for or against each separately. If there is more than one proposed ordinance on the ballot in the same election, a voter must be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances to be approved by the voterselectorate, the ordinances shall may not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. Section 5.09. Initiation of Charter Amendments The ways toProcedures to initiate amendments to this Charter are set forth in Minnesota StatutesState law. REFERENDUM Section 5.10. The Referendum Petitions 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. An ordinance will be void if prior to the effective date of the ordinance, 15% of the total votes cast at the last General Election file a petition to request it be repealed or be submitted to a vote of the electorate. Section 5.11. Form of 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 must 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 must 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 must be a copy to which the city clerkCity Clerk has affixed the words: ÑProposed 39 Jufn!4/ Ordinance on File. Fridley City Clerk _____, Date _____.Ò A referendum petition shall must 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.Each signature page must have the affidavit of the circulator attached. 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) business days after the filing of the completed referendum petition, the City Clerk shall must ascertain by examination the number of signatures appended thereto and whether this the number is at least fifteen percent (15%) of the total number of votes cast at the last state general electionGeneral Election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall must 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 will have shall then be given ten (10) business 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 business days begins on the date the letter is postmarked. If at the end of that period the petition 3: Jufn!4/ is found to be still insufficient or irregular, the petition shall must be filed in the City ClerkÔs office, no further action shall will be taken, and the ordinance will becomebecomes effective immediately or on the date specified. The City Clerk shall must notify one (1) or more members of the petition committee of that fact. 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 must be suspended from taking effect. Such suspension shall may 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 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. Section 5.14. Action of the Council on Sufficient 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. Section 5.15. Referendum Ballots The ballots used in any referendum election shall must conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section. 5.16. The Recall Petitions 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 5.03.0103. Before circulating any petition, the committee shall must 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 the circulating 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 41 Jufn!4/ official duties. The committee shall must 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 must be a copy to which the city clerk shallCity Clerk must affix the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): ______ Date:_____. Section 5.17 Form of Recall Petitions The petition for the recall ofRecall petitions for any elected official shall must 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 may 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 General Election in the Ward or City represented by the office holder. Each signature paper shall must be in substantially the following form: RECALL PETITION Proposing the recall of _______________________ from office as ___________________ which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. Name Birth Year Address Signature At the end of each group of signatures papers shall must be appended attached the affidavit of the circulator mentioned in Section 5.03.0305. Section. 5.18 Filing of Recall Petitions Within thirty (30) business days after the filing of the original proposed petition, the committee shall must file the completed petition in the Office ofwith the City Clerk. The City Clerk shall must examine the petition within the next ten (10) business days., and if If the City Clerk finds it the petition 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 electionGeneral Election in the Ward or City represented by the office holder, the City Clerk shall must 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 givenmay have 42 Jufn!4/ ten (10) business 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 business days begins on the date the letter is postmarked. The City Clerk shall will have five (5) business 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, the City Clerk must notify at least one (1) or more of the members of the recall petition committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall may be taken thereon. Section. 5.19. Recall Election Procedure If the petition or amended petition is found sufficient, the City Clerk shall must 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.At its next regularly scheduled meeting, the Council must call for a special election, pursuant to State law. Section. 5.20. Procedure at Recall Election The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. The City Clerk must post notice of the election including grounds for the recall petition and response of the elected officer concerned. Candidates to succeed the officer to be recalled may be nominated in the usual way and an election must be conducted in accordance with State law. Section 5.21.5.20 Form of Recall Ballot 1. If the officer sought to be recalled resigns within ten (10) business days after the receipt by the Council of the completed recall petition, the Council shall must 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) business 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 shallmust be: "Shall __________ be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those Those voting shall must 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 must be promptly removed from office. The Council shall must then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a 43 Jufn!4/ majority of those voting on the question of recall vote against recall (a majority voting ÑNoÒ), the officer shall will continue in office with no further action required. 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. 44 Jufn!4/ 45 Jufn!4/ 46 Jufn!4/ 47 Jufn!5/ AGENDA REPORT Meeting Date:January13, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title 2025Nominating Committee Background of three or more members who will report the nomination of one or more candidates for each office. Commission with the February 3, 2025agenda. March 3, 2025Annual Meeting. The current officers are:Rick Nelson, Chair; Clifford Johnson, Vice Chair; Audrey Nelson, Secretary. Recommendation Staff recommend Chair Nelson appoint three or more Commissioners to the 2025Nominating Committee. Staff recommend the Nominating Committee submit a written report to staff to include withthe February 3, 2025agenda. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 48 Jufn!6/ AGENDA REPORT Meeting Date:January 13, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Future Meeting Topics Background Future meeting topicsrequested by commissioners: Proposed New Language to Charter regarding organized garbage hauling Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stablehome for families and businesses. 49