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9-2-2025 Charter Commission Meeting September 02, 2025 7:00 PM Fridley Civic Campus, 7071 University Ave N.E. Agenda Call to Order Roll Call Approval of Agenda Approval of Meeting Minutes 1.Approval of May 5, 2025 Charter Commission Meeting Minutes Administrative Matters 2.Resignation of Clifford Johnson Old Business 3.Review Bylaws 4.Chapters 5 Review New Business 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. 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.govor (763) 572-3450. 1 Jufn!2/ AGENDA REPORT Meeting Date:September 2, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Approval of May 5, 2025Charter Commission Meeting Minutes Background Attached are the minutes fromMay 5, 2025 Recommendation Staff recommend the approval of theMay 5, 2025 Charter Commission Meeting Minutes. Attachments and Other Resources May 5, 2025Charter Commission Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 2 Jufn!2/ Charter CommissionMeeting May 5, 2025 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chair Johnsoncalled the Charter Commission meeting to order at 7:00p.m. Present Mohammed Barre Brad Bremener Donald Findell Greg Gardner Clifford Johnson Nikki KarnoppRemote Attendance Audrey Nelson Pam Reynolds Valerie Rolstad Doug Schmitz Kathy Smith Absent Steve Kisner Dave Linton Rick Nelson Others Present Beth Kondrick, Deputy City Clerk Approval of Agenda Motion to approve the agenda as presentedby Commissioner Gardner, seconded by Commissioner Rolstad Upon aroll callvote, with Commissioners Barre, Bremener, Findell, Gardner, Johnson, Karnopp, Nelson, Reynolds, Rolstad, Schmitz and Smith voting aye, Chair Johnson declared the motion carried unanimously. Approval of Meeting Minutes 1.Approval ofApril 7, 2025, Charter Commission Meeting Minutes Motion to approve theApril 7,2025Meeting Minutes by Commissioner Barre. Seconded by Commissioner Rolstad. 3 Jufn!2/ Charter Commission 05-05-2025 Minutes Page 2 Upon arollcallvote, with Commissioners Barre, Bremener, Findell, Gardner, Johnson, Karnopp, Nelson, Reynolds, Rolstad, Schmitz and Smith voting aye, Chair Johnson declared the motion carried unanimously. Administrative Matters Old Business 2. Chapter 5 Review Commissioners were presented with a couple of different options for continuation of Chapter 5, they can form a committee to work through the questions proposed by the City Council, they can push it through to an ordinance as is or they can table it. Motion to table Chapter 5 until September meeting by Commissioner Kranz. Seconded by Commissioner Barre. Upon a roll call vote, with Commissioners Barre, Bremener, Findell, Gardner, Johnson, Karnopp, Nelson, Reynolds, Rolstad, Schmitz and Smith voting aye, Chair Johnson declared the motion carried unanimously. 3. Commission Onboarding Manual Commissioners continued discussion on the Commissioner Onboarding Manual and the various options that could be considered. Motion to table decision on Commission Onboarding Manual until Bylaw discussion by Commissioner Bremener. Seconded by Commissioner Kranz. Upon a roll call vote, with Commissioners Barre, Bremener, Findell, Gardner, Johnson, Karnopp, Nelson, Reynolds, Rolstad, Schmitz and Smith voting aye, Chair Johnson declared the motion carried unanimously. Future Meeting Topics/Communications 4. Future Meeting Topics Candidate Interview Process Adding Language to the Charter for who can and cannot serve on the Commission, specifically section 2.013 of Chapter 2 Next Chapter to Review Bylaws, specifically the last section proposed by Commissioner Reynolds Chapter 5 Commission Onboarding Manual Meeting schedule cadence Adjournment 4 Jufn!2/ Charter Commission 05-05-2025 Minutes Page 3 Motion by Commissioner Reynolds to adjourn the meeting. Seconded by Commissioner Rolstad. Upon a roll call vote, with Commissioners Barre, Bremener, Findell, Gardner, Johnson, Karnopp, Nelson, Reynolds, Rolstad, Schmitz and Smith voting aye, Chair Johnson declared the motion carried unanimously. The meeting adjourned at 7:57 p.m. 5 Jufn!3/ AGENDA REPORT Meeting Date:September 2, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Resignation ofClifford Johnson Background Chair Johnsonhas submitted aresignation from the Charter Commission (attached). Recommendation Staff recommend a motion to accept the resignation of Chair Johnson. Staff recommend the Commission direct staff to advertise an opening on the Commission and call for applications. Attachments and Other Resources Clifford Johnson resignation letter Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ From:Moore, Melissa To:Kondrick, Beth Subject:FW: Hi Cliff Date:Friday, August 01, 2025 11:08:51 AM From: c johnson <roachcliff1@yahoo.com> Sent: Thursday, May 15, 2025 7:37 PM To: Moore, Melissa <Melissa.Moore@fridleymn.gov> Subject: Re: Hi Cliff Hello Melissa, No need to worry about that. After much contemplation I am submitting my resignation from the Charter Commission. I am not able to find the time my appointment deserves, and I don't like doing things half ass, the city and committee deserve better. It doesn't have anything to do with being chairman, to be honest I was going to submit it after the January meeting, but when I was asked to be chairman, I was flattered, and thought I could manage the time, but that doesn't seem to be so. The commission is in good hands with the members at hand. It has been a pleasure to work with you and Beth, you are both so kind and knowledgeable. I hate to make more work for you, but I feel it is the best thing to do. I do not feel right not being able to give it the attention it needs, and knowing there are others who want to serve. Thank you Clifford Johnson 7 Jufn!4/ AGENDA REPORT Meeting Date:September 2, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title ReviewBylaws Background Historically the Commission has reviewed its Bylaws at its March meeting each year. The attached Bylaws document was approved by the Commission on March 18, 2024. Recommendation Staff recommend the Commission review its Bylaws. Attachments and Other Resources Charter CommissionBylaws Proposed Bylaws changes by Commissioner Reynolds Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!4/ Fridley Home Rule Charter Commission Bylaws Approved March 18, 2024 1. Name the name of the organization shall be the Fridley Home Rule Charter Commission (Commission). 2. Mission To collaboratively evaluate and propose changes to the Fridley City Charter (Charter) that reflect the importance of the Charter, to enable effective government operations and reflects the values of the residents of Fridley. 3. Strategic Values Strategic Value Attained Through Collaboration 1. Active communication with the City Council. 2. Respecting differing opinions on matters and working to find consensus. 3. Continuous refinement and improvements to the Charter to ensure it is a document which best serves the residents and City government. Stewardship 1. Maintaining responsibility for the applicability and efficacy of the Charter. 2. Ensuring the directives of the Charter reflect the will of Fridley residents. Engagement 1. Educating the residents of Fridley on the role of the City Charter and Charter Commission. 2. Participating in community events to listen and learn how residents feel about certain issues. 3. When Commission openings occur, actively recruit new voices that reflect the changing demographics of Fridley. 4. Meetings (a) Commission meetings will be held at Fridley City Hall or a designated public location upon proper notice. (b) The annual meeting of the Commission shall be held in March of each year. The election of officers of the Commission shall take place at the annual meeting. (c) Special meetings may be called by the Chair. In addition, the Chair shall call a special meeting within 10 days upon receipt of a written request signed by at least five members. Such special meeting shall require proper notice to the commissioners and the public as required by Minnesota Statutes Chapter 13D. Page 1 9 Jufn!4/ (d) A quorum to conduct business shall be determined according to the following schedule: Number of appointed Charter Commission members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 (e) Except as provided in these Bylaws, all meetings shall be governed in accordance with (Revised 2011). (f) The meeting shall be called to order by the Chair. If there is not a quorum within 10 minutes after the time of the meeting is to commence, the Commission members shall be dismissed by the Chair. However, if in the sole discretion of the Chair, there is business that should be addressed, the Chair may require that the Commission members stay up to an additional 10 minutes in order to see if a quorum can be met. If no quorum is met within the additional 10- minute timeframe, the Chair shall dismiss the Commission members. 5. Membership The membership of the Commission shall be 15 members. (a) All Commission members shall be expected to attend all meetings and will inform the Staff Liaison of their attendance. (b) Any member missing three consecutive meetings without notifying the Liaison, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the District Court, supported by 2/3 of the Commission members present and voting. 6. Officers (a) Election of Officers (1) The officers of the Commission shall consist of Chair, Vice Chair, and a Secretary. (2) The Chair, Vice Chair, and Secretary shall be elected from the membership of the Commission by the Commission members. (3) The Chair, Vice Chair, and Secretary shall be elected by the Commission at the annual meeting. No officer of the Commission shall serve more than two consecutive full terms in the same office. (4) All officers shall begin their terms of office immediately upon election to that office. (5) Election to vacant offices shall be made from the floor at the next meeting of the Commission following the meeting at which the vacancy is declared. Members of the Commission who are elected to vacant offices shall serve until the next annual meeting of the Commission. (6) Officers of the Commission shall be declared duly elected by a simple majority vote of those members of the Commission who are present and voting. Any contested race for an Page 2 10 Jufn!4/ office shall be done by a written ballot. The acting Chair will ask for a committee of two Commission members to count the ballots. If at all possible, the members of the committee shall not include members of the Commission who are running for an officer position. (b) Duties of Officers and Liaison (1) The Chair shall have the following responsibilities to: ((a)) call all regular and special meetings; ((b)) preside at all meetings; ((e)) set the agenda; ((d)) implement the decisions of the Commission; and ((e)) participate in all Commission decisions as a voting member. (2) The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform their duties, the Vice Chair shall discharge such duties. (3) The Secretary shall be responsible for presiding at meetings in the absence of the Chair and Vice Chair. (4) The Liaison shall be designated by the City Clerk and serve as the recording secretary at all meetings of the Commission. The Liaison, with the direction of the Secretary, will have the following responsibilities: ((a)) serve in an advisory capacity at all Commission meetings as a non-voting member; ((b)) assist the Commission by providing research information as requested by Officers of the Commission; ((c)) prepare proposed Charter changes for submission to the City Council; ((d)) retain records of Commission proceedings as required by State law; ((e)) keep an accurate record of attendance; ((f)) recording of minutes at all meetings; ((g)) distributing notices of upcoming meetings, minutes, and agendas to Commission members within a reasonable time; ((h)) giving notice to Commission members who have missed two consecutive meetings pursuant to Section No. 4 (b) of the Bylaws; and ((i)) transmitting all correspondence and related resource material concerning the Commission to the City Clerk for retention. 7. Committees (a) The Chair shall have the power to create committees consisting of members of the Commission, appoint members of the committees, and designate chairs of those committees. (b) In January of each year the Chair shall appoint a Nominating Committee of three or more Page 3 11 Jufn!4/ Commission members who shall nominate one or more candidates for each office of the Commission. A written report of such nominations by the Nominating Committee shall be transmitted electronically or by mail by the Liaison to each member at least 10 days before the annual meeting. 8. Voting (a) A majority vote of Commission members present at a Commission meeting shall be sufficient to pass motions and resolutions except as provided elsewhere. (b) There shall be no secret votes. 9. Order of Business The Commission shall follow the following order of business at its meetings: (a) Call to Order by the Chair (b) Roll Call (c) Approval of the Agenda (d) Approval of the Minutes (e) Administrative Matters (f) Old Business (g) New Business (h) Future Meeting Topics (i) Adjournment. 10. Amendment of Bylaws These Bylaws can be amended at any regular meeting of the Commission by 2/3 vote of those present, provided that the contemplated amendment has been properly noticed in writing electronically or by mail to all Commission members. Page 4 12 Jufn!4/ 13 Jufn!4/ 14 Jufn!4/ 15 Jufn!4/ 16 Jufn!4/ 17 Jufn!4/ 18 Jufn!4/ 19 Jufn!5/ AGENDA REPORT Meeting Date:September 2, 2025 Meeting Type: Charter Commission Submitted By:Melissa Moore, Assistant City Manager/City Clerk Title Chapters 5 Review Background The Commission began reviewing Chapter 5 of the City Charter in 2024. Attached to this report is the staff sent the attached draft to the City Attorney fora secondary legal review. Legal review The City Attorney offered an additional revision to Section 5.02 in the third bullet. They recommend thethird bullet be revised to say: Recall any elected city officer and remove such officer from office by vote of the electorate of the City.This suggested revision is for clarification. how the Commission came to their recommendation of changing the threshold for initiatives and referendums. As a follow-up Mayor Ostwald mailed the attached letter to the Commission for its consideration. At its May meeting some on the Commission suggested a sub-committee meetand ering the threshold to demonstrate the thoughtful deliberation that has taken place.at the May meeting, Aprilwas the firsttimethe Council had been informed of the proposed change to the threshold, thus they are asking for the context surrounding the proposed change. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 20 Jufn!5/ Recommendation Staff recommend the Commission review the drafted revisions to Chapter 5. Staff recommend the acting Chair appoint a sub-committee of less than a quorum to work on a reply to the City Council. Attachments and Other Resources Chapter 5 in ordinance format Mayor Ostwald letter Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!5/ Ordinance No. XXXX Amending the Initiative, Referendum and Recall Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of the Fridley City Charter Chapter 5and has recommended an amendment of the City Charter by Ordinance to the City Council on \[date\]. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be hereby amended and the City of Fridley does ordain: 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) local constitution. Committee: A group of at least five registered voters who sponsora 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 Electorateduring a special or General Election. Malfeasance: An illegal act by an elected officialperformed 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 initiatesa petition. Recall: A proposed initiative that seeks to remove any elected officer of the City. Referendum:A proposed initiative thatseekstoprevent an existing law or Charter amendment from taking effect. Registered Voter:An eligible voterwho complies with voting registration procedures and requirements as established by State law. Section 5.01.5.02 Powers Reserved by the People 22 Jufn!5/ Thepeople of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiateandadopt 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; 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 adviceand incur related committee expenses not to exceed $1,000. A sworn statement substantiating such expenses mustbe turned over to the City Clerk within fivebusinessdays 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. 23 Jufn!5/ 1.3.A lawful petition under this Chartermay 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 inforthe 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 lawas may be elsewhere provided. 2.4.A petition under this Charter shallfor an initiative, referendum or recall mustbe 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 supportingsignature papers and affidavitsattached in support of the same. 3.5.A petition shall for an initiative, referendum or recall mustbe circulated by a registered voter of the City. A valid petition shall mayonlybe 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 mustbe 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 paperpetitionlacking the notarized affidavit shall beisvoid. If voidvoided, the signatures on that paper shall maynot be used in the calculation of the signatures needed to fulfill the petition requirement. 4.6.The insufficiency or irregularity of a petition shall maynot 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 electionspecial or General Election, or otherwise acting favorably upon the same. 5.7.The Council may provide by ordinance such anyfurther regulations for the aninitiative, referendum, andorrecall not inconsistent with this Charteras 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 Clerkmust promptly forward such information to the proper authorities pursuant to State law. 24 Jufn!5/ 9. The City Clerk mustprovide to a committee membercirculating 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 Petitions 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 mustfile a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall mustattach a verified copy of the proposed ordinance to each of the signature papersherein 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 Section 5.05 Form of Initiative Petitionsand of Signature Papers The completed petitionfor the adoption of any ordinance not yet in effect,shall mustconsist 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 inthe last state general electionPresidential Election in the City. Each signature paper shall pagemustbe 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 25 Jufn!5/ for their approval. Name (Please Print)Birth YearAddress (Please Print)Signature At the end of each group of signaturespapers shall be appendedmust bethe affidavit of the circulator mentioned detailedin Section 5.03.03. Section 5.06 Filing of Initiative Petitionsand Action Thereon Within ten (10)businessdays after the filing of the completed petition, the City Clerk shall ascertain by examination will determine if the number of signatures appended theretosubmittedand whether thisnumber is at least fifteen percent (15%)of the total number of votes cast at the last state general electionGeneral ElectionPresidential Electionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall mustat 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 willthen 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 postmarkedreceived by the City Clerk. The City Clerk shall havehasfive (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 willbe taken. The City Clerk shall mustnotify one (1) or more members of the petition committee of that fact. Section 5.07 Action of the Council on Sufficient 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 the last state general election, the City Clerk shall transmit the initiative petition to the Council at itsnext 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 thepetitionand unsatisfactory to a majority of the petition committee, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election. B.Completed Petition With Signatures of 25% or More 26 Jufn!5/ 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. 1. Generally. When the completed petition is found to be sufficient the City Clerk must transmit the initiative petition to the Council at its next meeting. The notification to the Council must include the number of petitioners and the percentage of the total number of votes cast in the previous Presidential Election. The Council must read the ordinance and call for a public hearing regarding the ordinance. After holding the public hearing, the ordinance must be finally acted upon by the Council no later than 65 calendar days after it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted the ordinance becomes effective. 2. Signatures between 5-15%. If the Initiative Petition was submitted with the number of signatures between 5-15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition, the committee-proposed ordinance must be submitted by the Council to the electorate at the next municipal election. 3. Signatures greater than 15%. If the Initiative Petition was submitted with the number of signatures greater than 15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition beforeJuly 1 of an even year the committee-proposed ordinancemust be placed on the next regular municipal election ballot. If the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition after July 1 of an odd year the Council must call for a special election subject to State law. Section 5.08 Initiative Ballots The ballots used when voting upon such proposed ordinance shall muststate the substance of the ordinance and shall mustgive 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 27 Jufn!5/ upon at inthe 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 will not go into effect until the City Council has had sixty (60)calendar days to resolve the inconsistencies. Section 5.09 Initiation of Charter Amendments The ways toProcedures toinitiate amendments to this Charter are set forth in Minnesota StatutesState law. REFERENDUM Section 5.10 The ReferendumPetitions 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 bevoid if prior to the effective date of theordinance, 5%of the total votes cast at the last PresidentialElectionfile a petition torequest itbe 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 mustfile 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 mustattach a verified copy of the referendum and the ordinance to be repealed to each of the signature papersherein described, along with their names and addresses as sponsorsthereof. A verified copy of the ordinance proposed to be repealed to the referendum shall mustbe a copy to which the city clerkCity Clerk A referendum petition shall mustread 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. 28 Jufn!5/ 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 YearAddress (Please Print)Signature At the end of each group of signaturespapers 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 StatutesState law. 2. Referendum Petition Proposing Repeal of an Ordinance Withinten (10)businessdays after the filing of the completed referendum petition, the City Clerk shall mustascertain by examination the number of signatures appended thereto and whether this thenumber is at least fifteen percent (15%)of the total number of votes cast at the last state general electionPresidentialElectionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall mustat 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 postmarkedreceived by the City Clerk. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall mustbe shall willbe taken,and the ordinance will becomebecomeseffective immediately or on the date specified. The City Clerk shall mustnotify 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 will be suspended from taking effect. Such suspension shall terminateswhen: 1. There is a final determination of insufficiency of the petition;or 2. the petition;or 29 Jufn!5/ 3. The council Councilrepeals the ordinance; or 4. Upon sevenbusinessdays after canvass of election is completed when a majority of those voting on any such ordinance vote in favor of it. Section 5.14Action of the Council on Sufficient Referendum Petitions If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall musttransmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereuponmustreconsider 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 beforeAugust 1stof an even year, the question shall mustbe placed on the next regular municipal election ballot. If approved afterthe Council votes to reaffirm the ordinance afterAugust 1stof an even year, the Council shall mustimmediately order a special election to be held subject to Minnesota Election LawState law. Section 5.15 Referendum Ballots The ballots used in any referendum election shall mustconform to the rules laid down in Section 5.08 of this Charter for initiative ballots. RECALL Section 5.16 The RecallPetitions 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 shallmustfile 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 less thannot 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 circulatingcommittee. 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 mustalso attach a verified copy of said statement to each of the signature papersherein described, together with their names and addresses as sponsorsthereof. A verified copy of said statement shall mustbe a copy to which the city clerk shallCity Clerk mustaffix 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 forany elected official shall mustconsist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petitionsshall not be considered to be are not complete unless signed by at least twenty five percent (25%)of the total number of votes cast in the last state 30 Jufn!5/ general election PresidentialElection in the Ward or City represented by the office holder. Each signature paper shall mustbe 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: NameAddress 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. NameBirth YearAddressSignature At the end of each group of signaturespapers shall mustbe appended attachedthe affidavit of the circulator mentioned in Section 5.03.03. Section 5.18 Filing of Recall Petitions Within thirty (30)business days after the filing of the original proposed petition, the committee shall mustfile the completed petition in the Office ofwiththe City Clerk. The City Clerk shall mustexamine the petition within the next ten (10)businessdays., and if If the City Clerk finds it the petitionirregular, 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 electionPresidentialElectionin the Ward or City represented by the office holder, the City Clerk shall mustat once notify one(1)or more members of the petition committee advising the reasons for the insufficiency or irregularity. The committee shall then be givenhasten (10)businessdays 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 10business days begins on the date the letter is postmarkedreceived by the City Clerk. The City Clerk shall havehasfive (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 membersof the recall petition committeeshall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall will be takenthereon. Section 5.19 Recall ElectionProcedure 31 Jufn!5/ If the petition or amended petition is found sufficient, the City Clerk shall musttransmit 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 andalso, in not more than five hundred (500)words, the answer of the elected officer concerned in justification of his/herconduct 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 accordancewith the usual procedure in municipal elections. The City Clerk must post notice of the electionincluding grounds for the recallpetition and response of the elected officer concerned. Candidates to succeed the officer to be recalled may be nominated inthe 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)businessdays after the receipt by the Council of the completed recall petition, the Council shall mustdeclare 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)businessdays 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 shallmustbe: "Shall __________ be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those Those voting shall mustbe 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 shall mustbe promptly removed from office. The Council shall mustthen fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a majo the officer shall willcontinue 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. 32 Jufn!5/ Passed and adopted by the City Council of the City of Fridleyon this xx day of \[month\], 2025. ______________________________________ Dave Ostwald-Mayor ______________________________________ Melissa Moore -City Clerk Public Hearing: First Reading: Second Reading: Publication: 33 Jufn!5/ Memorandum Date:April 8, 2025 To:Fridley Charter Commission CC:Fridley City Council, Wally Wysopal, Melissa Moore, Beth Kondrick From:Dave Ostwald, Mayor Re:Thank you Dear Chair Johnson and Charter Commission members, Thank you for last night’s joint meeting. The Council and I were most pleased by your invitation and appreciative of your warm welcome. I continue to find the Commissioners to be a wonderful group of very dedicated citizens who take the responsibility for guardianship of the Charter seriously. As Mayor I applaud your dedication to its purposes and appreciate the commitment of time to the cause. I hope that my Council colleagues and I were able to contribute positively to your mission by providing helpful insights into City priorities and by providing updates on important projects.Likewise, I appreciated learning more about your personal backgrounds and Commission priorities, including potential by-law changes and updates to Chapter Five of the Charter. Regarding the latter, you have done a lot of good work over many months. I offer that further dialogue may be in order for the City Council to better understand the purposes for considering the threshold limitation changes for citizen lead initiatives. As Commissioner Reynolds mentioned, Chapter Five is one of the most essential chapters of the Charter. Therefore, I ask for more opportunities to understand its impact prior to considering a final recommendation by the Commission. Thank you again for your dedication and commitment to the City of Fridley. I look forward to hearing back from you. Sincerely, David Ostwald, Mayor 34 Jufn!6/ AGENDA REPORT Meeting Date:September 2, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Future Meeting Topics Background Future meeting topicsrequested by commissioners: Candidate Interview Process Proposed Charter language regarding who is (in)eligible to serve on the commission, specifically section 2.013 of Chapter 2 Selection of next Chapter for review Bylaws Commission Onboarding Manual Chapter 5 Meeting Schedule Cadance Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 35