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4-7-2025 Charter Commission Meeting April 07, 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 March 3, 2025 Charter Commission Meeting Minutes Administrative Matters 2.Upcoming Terms Expiring: Don Findell and Val Rolstad 3.Commission Appreciation Dinner 4.Discussion with the Fridley City Council Old Business 5.Chapters 5 Review New Business Future Meeting Topics/Communications 6.Future Meeting Topics Adjournment Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traduccióngratis, 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, fadlanla 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:April 7, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Approval of March3, 2025 Charter Commission Meeting Minutes Background Attached are the minutes fromMarch3, 2025 Recommendation Staff recommend the approval of theMarch3, 2025 Charter Commission Meeting Minutes. Attachments and Other Resources March 3, 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 March3, 2025 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Vice Chair Johnsoncalled the Charter Commission meeting to order at 7:01p.m. Present Mohammed Barre Brad Bremener Greg Gardner Clifford Johnson Nikki Karnopp Steve Kisner Ted Kranz Dave Linton Audrey Nelson Rick Nelson (via Zoom) Pam Reynolds Doug Schmitz Kathy Smith Absent Donald Findell Val Rolstad Others Present Dave Ostwald, Mayor Ann Bolkcom, Councilmember Scott Lund, Resident Melissa Moore, Assistant City Manager Beth Kondrick, Deputy City Clerk Approval of Agenda Motion to approve the agenda as presentedby Commissioner Reynolds, seconded by Commissioner Barre. Upon a voicecall vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. Approval of Meeting Minutes 1.Approval ofFebruary 3, 2025, Charter Commission Meeting Minutes 3 Jufn!2/ Charter Commission 03-03-2025 Minutes Page 2 Motion to approve the February 3, 2025 Meeting Minutes by Commissioner Gardner. Seconded by Commissioner Reynolds. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. Administrative Matters 2. Election of Officers Vice Chair Johnson reviewed the nominees for each position and asked for any nominations from the floor. No additional nominations were added. Motion to accept uncontested ballot by Commissioner Reynolds. Seconded by Commissioner Bremener. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. 3. Upcoming Terms Expiring: Don Findell and Val Rolstad. Ms. Moore informed the Commission that the terms of Commissioners Findell and Rolstad are set to expire in May. Due to Commissioners Findell and Rolstad being absent this evening, a recommendation was made to table the item until the next meeting. Motion to table the item by Commissioner Reynolds. Seconded by Commissioner Barre. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. 4. Review Bylaws Ms. Moore reminded the Commission that part of the Bylaws is to review the Bylaws each year. Commissioner Reynolds handed out a document with some proposed amendments to the Bylaws. Given the substantive changes proposed, Ms. Moore suggested the Commission table the review of the w will be added to the May meeting. Motion to table the item by Commissioner Reynolds. Seconded by Commissioner Kranz. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. 5. Preparing for April 7, 2025 Joint Meeting with the Fridley City Council Ms. Moore asked the Commission for topics to discuss at the Joint Meeting to be held with the City Council at the April 7, 2025 meeting. Ideas shared by the Commission included: Getting to know the new Council members and how the transition is going 4 Jufn!2/ Charter Commission 03-03-2025 Minutes Page 3 Any chapters the Council would like to see reviewed Any resident feedback received by Council pertaining to the Charter Old Business 6. Commission Onboarding Manual Ms. Moore presented the Commission Onboarding Manual to the Commission and gave some background information about its creation and how it can be used. The Commission held a discussion and decided to table until the May meeting to give more time to figure out how to incorporate it. Motion to table the item by Commissioner Reynolds. Seconded by Commissioner Nelson. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. 7. Chapters 5 Review Ms. Kondrick gave an overview of the work that has been done so far on Chapter 5 and read through section 5.07 with clarifications drafted by Staff. Motion to accept the changes to section 5.07 with headers for each paragraph by Commissioner Reynolds. Seconded by Commissioner Bremener. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission picked up review of the Chapter with section 5.12. Motion to accept the proposed changes by Commissioner Reynolds. Seconded by Commissioner Kisner. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.13. Motion to accept the proposed changes by Commissioner Reynolds. Seconded by Commissioner Karnopp. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.14. Motion to accept the proposed changes by Commissioner Reynolds. Seconded by Commissioner Barre. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.15. 5 Jufn!2/ Charter Commission 03-03-2025 Minutes Page 4 Motion to accept the proposed changes by Commissioner Karnopp. Seconded by Commissioner Kranz. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.16. Motion to accept the proposed changes by Commissioner Linton. Seconded by Commissioner Gardner. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.17. Motion to by Commissioner Karnopp. Seconded by Commissioner Barre. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.18. Commissioner Linton. Seconded by Commissioner Reynolds. Commissioner Karnopp mentioned tha Amended Motion to accept additional corrections by Commissioner Linton. Seconded by Commissioner Reynolds. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.19. Motion to accept the proposed changes by Commissioner Reynolds. Seconded by Commissioner Karnopp. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The Commission reviewed the proposed changes in section 5.20. Motion to accept the proposed changes by Commissioner Reynolds. Seconded by Commissioner Barre. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. This concluded the review of Chapter 5. Ms. Moore stated that Staff can draft an ordinance for the April meeting along with a full draft of Chapter 5 with all changes accepted for final approval from the Commission before it will be sent to the City Council. 6 Jufn!2/ Charter Commission 03-03-2025 Minutes Page 5 New Business Future Meeting Topics/Communications 8. 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 Adjournment Motion by Commissioner Kranz to adjourn the meeting. Seconded by Commissioner Karnopp. Upon a voice call vote, all voting aye, Vice Chair Johnson declared the motion carried unanimously. The meeting adjourned at 8:38 p.m. 7 Jufn!3/ AGENDA REPORT Meeting Date:April 7, 2025 Meeting Type:Charter Commission Submitted By:Melissa Moore, Assistant City Manager Title Upcoming TermsExpiring: Don Findell and Val Rolstad Background Commissioners Findelland appointmentsto the Fridley Charter Commission (Commission) expire May 1, 2025. Recommendation If Commissioners Findell and Rolstad wish to be reappointed, a motion to recommend their reappointments to the Chief Judge would be required. If either Commissioners do not wish to be reappointed, a motion to declare an opening on the Commission would be in order. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!4/ AGENDA REPORT Meeting Date:April 7, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Commission Appreciation Dinner Background The annual Commission Appreciation Dinner will be held on April 21at Springbrook Nature Center at 6:00 pm. Invitations will be emailed to s and is also included in this agenda packet. Recommendation None. Attachments and Other Resources Commission Appreciation Dinner Invitation Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 9 Jufn!4/ 10 Jufn!5/ AGENDA REPORT Meeting Date:April 7, 2025 Meeting Type: Charter Commission Submitted By:Beth Kondrick, Deputy City Clerk Title Discussionwith the Fridley City Council Background The Fridley Charter Commission (Commission) established three strategic values: collaboration, stewardship, and engagement. Related to its value of being collaborative, the Commission asserted it could be successful in demonstrating this value by engaging in more active communication with the meetings to support this strategic value. At its March 3meeting theCommissioncontemplated topics to discuss with theCouncil. Selected topics are as follows: 5goals, objectives and budget priorities Getting to know the two new members of the City Council Ifthe Councilheardfeedback from residents on any matters related to the Charterand Are there any other areas or items the Council would like to discuss with the Commission? Recommendation Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 11 Jufn!6/ AGENDA REPORT Meeting Date:April 7, 2025 Meeting Type: Charter Commission Submitted By:Melissa Moore, Assistant City Manager Title Chapters 5 Review Background The Commission began reviewing Chapter 5 of the City Charter in 2024. Over several meetings the Commission has come to consensus on a draft containing proposed amendments for the City Council to consider. Attached to this item is the draft put into ordinance format, as well as a document showing Recommendation Staff recommend the Commission review the drafted revisions to Chapter 5. Attachments and Other Resources Chapter 5in ordinance format Chapter 5 with all changes accepted Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 12 Jufn!6/ 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 5 and 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 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 13 Jufn!6/ 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; 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 business 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. 14 Jufn!6/ 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. 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 electionspecial or General 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. 15 Jufn!6/ 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 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 must file a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall 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 Petitions 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 electionPresidential 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 16 Jufn!6/ 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 5.03.03. Section 5.06 Filing of Initiative Petitions and Action Thereon Within ten (10) business 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 electionGeneral ElectionPresidential 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 postmarkedreceived by the City Clerk. 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. 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 its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to a majority of the petition committee, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election. B. Completed Petition With Signatures of 25% or More 17 Jufn!6/ 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 after July 1 of an even year the committee-proposed ordinance must 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 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 18 Jufn!6/ 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) calendar 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, 5% of the total votes cast at the last Presidential 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 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. 19 Jufn!6/ 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 StatutesState law. 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 electionPresidential 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 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 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 20 Jufn!6/ 3. The council Council repeals the ordinance; or 4. Upon seven business 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 LawState 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 5.03.01. 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 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 21 Jufn!6/ general election Presidential 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 5.03.03. 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 electionPresidential 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 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 10 business days begins on the date the letter is postmarkedreceived by the City Clerk. 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 22 Jufn!6/ 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 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. 23 Jufn!6/ Passed and adopted by the City Council of the City of Fridley on this xx day of \[month\], 2025. ______________________________________ Dave Ostwald - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: First Reading: Second Reading: Publication: 24 Jufn!6/ 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 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 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 5.02 Powers Reserved by the People 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. 25 Jufn!6/ Section 5.03 Initiative, Referendum and Recall 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. 3.Reasons forthe proposed petition are to be stated 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. 4.A petition for an initiative, referendum or recall mustbe filed withthe City Clerk and contain allrequired documents (appropriate to the petition), a copy of any ordinance proposed, covered or affected and all supportingsignature papers and affidavits. 5.A petition for an initiative, referendum or recall mustbe circulated by a registered voter of the City. A valid petition may onlybe signed by registered voters of the City. The circulator of the petition mustbe certified as the circulator of the petition by an attached notarized affidavit which states: that the circulator has signed the petition; that each signature was signed in the circulator's presence; the signature is from the person who signed the petition in front of the circulator; and that each signer affirmed they were a registered voter at the residence indicated on the petition. Any petitionlacking the notarized affidavit isvoid. If voided, the signatures on that paper may not be used in the calculation of the signatures needed to fulfill the petition requirement. 6.The insufficiency or irregularity of a petition maynot prejudice the filing of any new petition for the same purpose, nor prevent the Council from referring any ordinance proposed to the electorate at the next special or General Election. 7.The Council may provide by ordinance anyfurther regulations for aninitiative, referendumor recall not inconsistent with this Charter. 26 Jufn!6/ 8.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. 9. The City Clerk mustprovide to a committee membercirculating a petition for an initiative, referendum or recall, written instructions delineatingthe correct and proper procedure for circulating the petition. Section 5.04 Initiative Petitions Any five registered voters may form a committee for the initiation of any ordinance as provided in Section 5.02. Before circulating any petitionthe committee mustfile a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee mustattach a verified copy of the proposed ordinance to each of the signature papers along with their names and addresses as sponsors of the petition. A verified copy of the initiative Section 5.05 Form of Initiative Petitions The completed petition for the adoption of any ordinance not yet in effect,mustconsist of the ordinance, all the signature papers and affidavits attached. Petitions are not complete unless signed by at least 5% of the total number of votes cast inthe last Presidential Election in the City. Each signature paper pagemustbe in substantially the following form: INITIATIVE PETITION Proposing an ordinance to __________________ (stating the purpose of the ordinance), a copy of which ordinance is 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 attached, petition the Council for its adoption, orfor its submission to the electorate for their approval. Name (Please Print)Birth YearAddress (Please Print)Signature 27 Jufn!6/ At the end of each group of signaturespapers must bethe affidavit of the circulator detailedin Section 5.03. Section 5.06 Filing of Initiative Petitions Within 10businessdays after the filing of the completed petition, the City Clerk will determine if the number of signatures submittedis at least 5% of the total number of votes cast at the last Presidential Electionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk mustat once notify one or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee willthen be given 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 received by the City Clerk. The City Clerk mayhave five 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 mustbe filed with the City Clerk and no further action willbe taken. The City Clerk must notify one or more members of the petition committee of that fact. Section 5.07 Action of the Council on Sufficient Initiative Petitions 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 calendardays 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 forthin the petition after July 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 28 Jufn!6/ The ballots used when voting upon such proposed ordinance muststate the substance of the ordinance and 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 will become an ordinance of the City. Any number of proposed ordinances may be voted upon inthe same election. 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 or more ordinances to be approved by the electorate, the ordinances maynot go into effect until the Council has had 60 calendar days to resolve the inconsistencies. Section 5.09 Initiation of Charter Amendments Procedures toinitiate amendments to this Charter are set forth in State law. Section 5.10 ReferendumPetitions 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 registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03. Before circulating any petition, the committee 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 must attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers, along with their names and addresses as sponsors. A verified copy of the ordinance proposed to be repealed to the referendum mustbe a copy to which the City Clerkhas affixed A referendum petition mustread as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print)Address (Please Print) 1. 2. 3. 4. 5. 29 Jufn!6/ The undersigned registered voters, understanding the nature of the ordinance 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 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 State law. 2. Referendum Petition Proposing Repeal of an Ordinance Within10businessdays after the filing of the completed referendum petition, the City Clerk must ascertain by examination the number of signatures and whether thenumber is at least 15% of the total number of votes cast at the last PresidentialElectionin the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk mustat once notify one or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee will have 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 received by the City Clerk. If at the end of that period the petition is found to be still insufficient or irregular, the petition must further action willbe taken and the ordinance becomeseffective immediately or on the date specified. The City Clerk mustnotify one 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 mustbe suspended from taking effect. Such suspension mayterminate when: 1. There is a final determination of insufficiency of the petition; 2. 3. The 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 30 Jufn!6/ 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 State law. Section 5.15 Referendum Ballots The ballots used in any referendum election mustconform to the rules laid down in Section 5.08 of this Charter for initiative ballots. Section 5.16 RecallPetitions Any five 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. Before circulating any petition, the committee 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 250 words and their intention to bring about the recall with their names and addresses as members of 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. The committee mustalso attach a verified copy of said statement to each of the signature papers, together with their names and addresses as sponsors. A verified copy of said statement mustbe a copy to which the City Clerk mustaffix the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): ______ Date:_____. Section 5.17 Form of Recall Petitions Recall petitions forany elected official mustconsist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits attached. Such petition may not be considered complete unless signed by at least 25% of the total number of votes cast in the last PresidentialElection in the Ward or City represented by the office holder. Each signature paper mustbe in substantially the following form: RECALL PETITION Proposing the recall of _______________________ from office as___________________ for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: NameAddress 1. 31 Jufn!6/ 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer sought to be recalled, desire the holding of a recall election for that purpose. NameBirth YearAddressSignature At the end of each group of signaturespapers mustbe attachedthe affidavit of the circulator mentioned in Section 5.03. Section 5.18 Filing of Recall Petitions Within 30 business days after the filing of the original proposed petition, the committee mustfile the completed petition withthe City Clerk. The City Clerk mustexamine the petition within 10business days.If the City Clerk finds the petitionirregular, or finds that the number of signers is less than 25% of the total number of votes cast at thelast PresidentialElectionin the Ward or City represented by the office holder, the City Clerk mustnotify 1 or more members of the petition committee advising the reasons for the insufficiency or irregularity. The committee may have10businessdays 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 10 business days begins on the date the letter is received by the City Clerk. The City Clerk willhave five 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 member of the recall petition committee. No further action maybe taken. Section 5.19 Recall ElectionProcedure If the petition or amended petition is found sufficient, the City Clerk musttransmit it to the Council without delay and notify the person sought to be recalled of the sufficiency of the petition and of the pending action. At its next regularly scheduled meeting, the Council must call for a special election, pursuant to State law. 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 in the usual way and an election must be conducted in accordance with State law. Section 5.20 Form of Recall Ballot 1. If the officer sought to be recalled resigns within 10businessdays after the receipt by the Council of the completed recall petition, the Council mustdeclare the office vacant and fill the vacancy for the unexpired term in accordance with the Charter. 32 Jufn!6/ 2.If the officer sought to be recalled does not resign within 10businessdays after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election mustbe: "Shall __________ be recalled?"Those voting 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 votingmustbe promptly removed from office. The Council mustthen fill the vacancy for the unexpired term in accordance with the Charter. If a majority of those voting on the question of recall vote against recall (a majority voting the officer willcontinue in office with no further action required. 33 Jufn!7/ AGENDA REPORT Meeting Date:April 7, 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. Selection of next Chapter for review Recommendation None. Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 34