Res 2013-13
RESOLUTION NO. 2013 - 13
A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE
AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE,
REFERENDUM AND RECALL AND DIRECTING PUBLICATION OF PUBLIC
HEARING NOTICE.
WHEREAS,the Charter Commission has been reviewing Chapter 5. Initiative, Referendum and
Recall of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the
Charter is consistent with Minnesota Election law; and
WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the
Charter Commission, the City Council may enact a charter amendment by ordinances; and
WHEREAS, within one month of receiving a recommendation to amend the charter by
ordinance, the City must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment; and
WHEREAS the City Council must hold the public hearing on the proposed charter amendment at
least two weeks but not more than one month after the notice is published.
NOW THEREFORE BE IT RESOLVED
that the City Council of the City of Fridley hereby
schedules the public hearing on an ordinance amending Chapter 5 of the City Charter on March
25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue
NE, Fridley, Minnesota; and
BE IT FURTHER RESOLVED
that the City Council of the City of Fridley hereby directs the
City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks
prior to the public hearing, as shown in Attachment 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
25TH DAY OF FEBRUARY 2013.
_____________________________
Scott J. Lund, Mayor
ATTEST:
_________________________
Debra A. Skogen, City Clerk
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Attachment 1
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the
Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m.
for the purpose of conducting a public hearing on the following amendment to the City Charter:
Ordinance No. ____
AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5.
INITIATIVE, REFERENDUM AND RECALL
WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended
by ordinance upon recommendation of the Charter Commission; and
WHEREAS, after review, examination and recommendation by the Fridley Charter
Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby
amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 1: That Section 5.03 be hereby amended as follows:
Section 5.03. FURTHER REGULATIONS
3. A petition may be signed by any registered voter. A petition can be circulated and verified
only by a registered voter who has signed the same. All the signatures on any petition need
not be on one (1) signature paper. The circulator of each group of signature papers shall be
verified as the circulator of the same by attached affidavit which states that each signature
was signed in the circulator's presence and is of the person that the same purports to be and
that each signer was affirmed as a registered voter at the residence stated thereon. Any
paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and
void of effect. (Ref. Ord. 625, 857, 1142)
A petition may be circulated only by a registered voter of the City. A petition may be
signed by any registered voter of the City. All the signatures on any petition need not be on
one (1) signature paper. The circulator of the petition shall be certified as the circulator of
the petition by an attached notarized affidavit which states:
(1) that each signature was signed in the circulator's presence;
(2) the signature is from the person who signed the petition in front of the circulator;
(3) that each signer affirmed they were a registered voter at the residence stated thereon.
Any signature paper lacking the notarized affidavit shall be void. If void, the signatures on
that paper shall not be used in the calculation of signatures needed to fulfill the petition
requirement.
Section 2: That Section 5.05 be hereby amended as follows:
INITIATIVE
Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS.
The completed petition for the adoption of any ordinance not yet in effect shall consist of the
ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall
not be complete unless signed by at least ten percent (10%) fifteen percent (15%) of the total
number of registered voters as of January 1st of that year votes cast at the last state general election
in the City. Each signature paper shall be in substantially the following form:
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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 followingcommittee of
registered voters:
NameAddress
(Please Print) (Please Print)
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the terms and the nature of the ordinance
hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the
electorate for their approval.
Name Birth Year Address ( Signature
(Please Print) Please Print)
1.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 3: That Section 5.06 be hereby amended as follows:
Section 5.06. FILING OF PETITIONS AND ACTION THEREON.
Within five (5) ten (10) days after the filing of the completed petition, the City Clerk shall ascertain
by examination the number of signatures appended thereto and whether this number is at least ten
percent (10%) fifteen percent (15%) of the total number of registered voters, as of January 1st of
that year votes cast at the last state general election in the City. If the City Clerk finds the petition
insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of
sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall
then be given thirty (30) ten (10) days in which to file additional signature papers and to correct the
petition in all other particulars with the City Clerk. The City Clerk shall have five (5) days to verify
the sufficiency of the additional signature papers or corrected petition. If at the end of that period
the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's
office and no further action shall be taken. The City Clerk shall notify each member of the
committee of that fact.
Section 4: That Section 5.07 be hereby amended as follows:
Section 5.07. ACTION OF THE COUNCIL ON PETITIONS.
When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative
petition to the Council at its next meeting, stating the number of petitioners and the percentage of
the total number of registered voters which they constitute, and the Council shall at once read the
ordinance and refer it to an appropriate committee, which may be a committee of the whole. The
committee or Council shall thereupon provide for public hearings upon the ordinance, after the
holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five
(65) days after the date upon which it was submitted to the Council by the City Clerk. If the
Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the
petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the
Council to the electorate at the next regular municipal election; but if the number of signers of the
petition is equal to at least fifteen percent (15%) twenty-five percent (25%) of the total number of
registered voters, votes cast at the last state general election in the City and submitted by July 1st,
the question shall be placed on the next regular municipal election ballot. If it is submitted after July
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1st, the Council shall call a special election upon the measure Such special election shall be held
not less than fifty-three (53) nor more than sixty (60) days from the date of final action on the
ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission
to the Council when there has been no final action; but if a regular election is to occur within three
(3) months, the Council may submit the ordinance at that election. If the Council passes the
proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners
do not express their dissatisfaction with such amended form by a statement filed with the City Clerk
within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to
the electorate. subject to Minnesota Election Law.
Section 5: That Section 5.08 be hereby amended as follows:
Section 5.08 INITIATIVE BALLOTS
The ballots used when voting upon such proposed ordinance shall state the substance of the
ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question
of adoption. If a majority of those voting on such an ordinance vote in favor of it, it shall thereupon
become an ordinance of the City. Any number of proposed ordinances may be voted upon at the
; but
same election the voter shall be allowed to vote for or against each separately. In the case of
inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances
shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies.
Section 6: That Section 5.10 be hereby amended as follows:
REFERENDUM
Section 5.10. THE REFERENDUM.
If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%)
of the total number of registered voters as of January 1st of that year 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.
Section 7: That Section 5.11 be hereby amended as follows:
Section 5.11. REFERENDUM PETITIONS.
Any five (5) registered voters may form a committee for the purpose of petitioning for a
referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall
file a copy of the proposed referendum petition and a copy of the ordinance proposed to be
repealed with the City Clerk along with the names and addresses of members of said committee.
The committee shall attach a verified copy of the referendum and the ordinance to be repealed to
each of the signature papers herein described, along with their names and addresses as sponsors
thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a
copy to which the city clerk has affixed the words: “Proposed Ordinance on File. Fridley City
Clerk _____, Date _____.” A referendum petition shall read as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. The proposed repeal is sponsored by the following committee of
registered voters:
Name Address
(Please Print) (Please Print)
1.
2.
3.
4.
5.
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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 (Birth Year Address Signature
Please Print) (Please Print)
1.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 8: That Section 5.12 be hereby amended as follows:
Section 5.12. FILING OF REFERENDUM PETITIONS
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within five (5) ten (10) days after the filing of the completed referendum petition, the City Clerk
shall ascertain by examination the number of signatures appended thereto and whether this number
st
is at least fifteen percent (15%) of the total number of registered voters, as of January 1 of that year
votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient
or irregular, the City Clerk shall at once forthwith notify one (1) or more of the committee of
sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall
then be given thirty (30) ten (10) days in which to file additional signature papers and to correct the
petition in all other particulars with the City Clerk. The City Clerk shall have five (5) days to verify
the sufficiency of the additional signature papers or corrected petition. If at the end of that period
the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk’s
office, no further action shall be taken, and the ordinance will become effective immediately or on
the date specified. The City Clerk shall notify each member of the committee of that fact.
Section 9: That Section 5.14 be hereby amended as follows:
Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS
If the referendum petition or amended referendum petition is found to be sufficient, the City
Clerk shall transmit the referendum petition to the Council at the next regular Council meeting.
The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote
re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance
by August 1st of an even year, the question shall be placed on the next regular municipal election
ballot. If approved after August 1st of an even year, the Council shall immediately order a
special election to be held thereon, not less than 53 days nor more than 60 days after such
meeting, or submit the ordinance at the next regular municipal election subject to Minnesota
Election Law.
Section 10: That Section 5.17 be hereby amended as follows:
Section 5.17 RECALL PETITIONS.
The petition for the recall of any elected official shall consist of the statement identical with that
filed with the City Clerk together with all the signature papers and affidavits thereto attached.
Such petition shall not be considered to be complete unless signed by at least twenty five percent
(25%) of the total number of registered voters of votes cast in the last state general election in the
Ward or City represented by the office holder as of January 1st of that year. Each signature
paper shall be in substantially the following form:
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:
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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
Please Print) (Please Print)
1.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 11: That Section 5.18 be hereby amended as follows:
Section. 5.18 FILING OF PETITION.
Within thirty (30) days after the filing of the original proposed petition, the committee shall file the
completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within
the next five (5) ten (10) days, and if the City Clerk finds it irregular, or finds that the number of
signers is less than twenty-five percent (25%) of the total number of registered voters of votes cast
in the last state general election in the Ward or City represented by the office holder as of January 1
of that year, the City Clerk shall so notify one (1) or more members of the committee advising the
reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in
which to file additional signature papers and to correct the petition in all other respects, but they
may not change the statement of the grounds upon which the recall is sought. The City Clerk shall
have five (5) days to verify the sufficiency of the additional signature papers or corrected petition.
If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the
members of the committee shall be notified to that effect and the petition shall be filed in the City
Clerk's office. No further action shall be taken thereon.
Section 12: That Section 5.19 be hereby amended as follows:
Section. 5.19. RECALL ELECTION.
If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council
without delay, and shall also officially notify the person sought to be recalled of the sufficiency of
the petition and of the pending action. The Council shall at its next meeting, by resolution, provide
for the holding of a special recall election not less than fifty-three (53) nor more than sixty (60)
days after such meeting, but if any other election is to occur within sixty (60) days after such
meeting, the Council may in its discretion provide for the holding of the recall election at that
time subject to Minnesota Election Law.
Any persons desiring to be heard shall be given an opportunity at the above stated time
and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-
572-3523.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no
later than Tuesday, March 20, 2013. The TDD number is 763-572-3534.
/s/ Debra A. Skogen, City Clerk
(Published: March 7, 2013 in the Fridley SunFocus)
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