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Ordinance No. 1342 03-13-2017 ORDINANCE NO. 1342 AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION WHEREAS, the City Council of the City of Fridley hereby finds, after review, examination and recommendation of the Fridley Charter Commission and staff, that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION SECTION 1: That Section 2.02 of the City Charter be amended as follows: Section 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (Ref. Ord. 1252) 2.The Mayor shall be elected at large in each United States presidential election year to a term of four (4) years. (Ref. Ord. 1034. 3.One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four (4) years. (Ref. Ord. 1034) 4.Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four (4) years each. (Ref. Ord. 1034) 5. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. 56. The term of Mayor and of each Councilmember shall begin after being sworn in following their election. Their term shall end upon the newly qualified elected official(s) being sworn in. on the first day of January following their election to office and shall end on December 31 of the last year of the term. The incumbent may shall remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref. Ord. 1034) 6 7. The Council shall serve as the canvassing board for city elections. (Ref. Ord. 1252) Ordinance No. 1342 Page 2 SECTION 2: That Section 2.03 of the City Charter be amended as follows: Section 2.03. THE MAYOR. 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council the councilmember at large who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. Should neither be available, the mayor pro tem shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council. 2. The Mayor shall vote as a member of the Council. (Ref. Ord. 1034) 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. (Ref. Ord. 1034) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref. Ord. 1034) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref. Ord. 1034) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. (Ref. Ord. 1034) SECTION 3: That Section 2.04 of the Fridley City Charter be hereby amended as follows: Section 2.04. THE COUNCILMEMBER AT LARGE 1.The Councilmember at Large shall serve as the mayor pro tem in the temporary absence of the Mayor. 2.If the Mayor’s term shall be declared vacant, the Councilmember at Large shall serve as the Mayor as required in Section 2.07.3. Section 2.0405. WARD COUNCILMEMBERS. 1.The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, and Ward 3. (Ref. Ord. 1034) Ordinance No. 1342 Page 3 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref. Ord. 1034) 3. The boundaries of the three (3) wards shall be redetermined redistricted from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined redistricted are such that the population of any ward shall not deviate by more than three percent (3%) from the average of the three (3) wards. (Ref. Ord. 1034) 4. After each decennial census of the United States, the Council shall redetermine redistrict ward boundaries when appropriate. This redetermination redistricting of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2). If further redistricting is necessary, as determined by the Council, the adoption of the new boundaries shall be prohibited during the time period from ninety (90) days before a primary election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. (Ref. Ord. 1034) SECTION 5. That Section 2.05 of the City Charter be amended as follows: Section 2.0506. DISQUALIFICATION FOR APPOINTIVE OFFICE. No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. (Ref. Ord. 1034) SECTION 6. That Section 2.06 of the City Charter be amended as follows: Section 2.06 07. VACANCIES IN THE COUNCIL. 1.A vacancy in the council shall be deemed to exist:  in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council;  by reason of the death; resignation or removal from office;  continuous absence from the City for more than three (3) months;  failure to attend any council meetings for three (3) consecutive months; Ordinance No. 1342 Page 4  conviction of a felony of any such person whether before or after their qualification; or  by ceasing to be a resident of the city or the ward from which elected. In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. (Ref. Ord. 1289) SECTION 7. That Section 2.07 of the City Charter be amended as follows: Section 2.0708. SALARIES AND EXPENSES. 1.The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. 2.The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. (Ref. Ord. 1034) TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13 DAY OF MARCH, 2017. _______________________________ Scott J. Lund, Mayor ATTEST: ___________________________________ Debra A. Skogen, City Clerk Public Hearing: February 13, 2017 First Reading: February 27, 2017 Second Reading: March 13, 2017 Publication: AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY 2. The Mayor shalt vote as a in the same year. Any prohibitions (LEGAL NOTICE) member of the Council. (Ref.Ord. stated in the Minnesota state stat- STATE OF SO MINNETA ) ORDINANCE NO.1342 1034) utes pertaining to the adoption of SS OF MAINNESOTA KA AN ORDINANCE 3.The Mayor shall exercise all the new boundaries shall also ap- COUNTYAMENDING FRIDLEY CITY powers and perform all duties con- ply. (Ref.Ord.1034) CHARTER CHAPTER 2. ferred and imposed by this Charter, SECTION 5. That Section 2.05 Charlene Vold being duly sworn on an oath, CITY COUNCIL the ordinances of the City and the of the City Charter be amended as states or affirms that he/she is the Publisher's ORGANIZATION laws of the State. (Ref.Ord.1034) follows: Agent of the newspaper(s)known WHEREAS, the City Council 4. The Mayor shall be recog- Section 2.05X.DISQUALIFICA- Designatedof the city of Fridley hereby finds, nized as the official head of the City TION FOR APPOINTIVE OFFICE. as: after review, examination and rec- for all ceremonial purposes,by the No incumbent member of the ommendation by the Fridley Char- courts for the purpose of serving Council shall be appointed acting SF Columbia Heights/Fridley ter Commission and staff, that civil process,and by the Governor or permanent City Manager, nor the Fridley City Charter be hereby for the purposes of martial law. shall any member hold any other amended as follows: (Ref.Ord.1034) paid municipal office or employ- with the known office of issue being located FRIDLEY CITY CHARTER 5.At the direction of the Council ment under the City;and no former in the county of: CHAPTER 2. CITY COUNCIL the Mayor shall study the opera- member shall be appointed to any ANOKA ORGANIZATION tions of the City government and paid office or employment under with additional circulation in the counties of: SECTION 1: That Section 2.02 shall report to the Council any ne- the City until one(1)year after leav- ANOKA of the City Charter be amended as glect,dereliction of duty,or waste ing office. (Ref.Ord.1034) follows: on the part of any officer or depart- SECTION 6. That Section 2.06 and has full knowledge of the facts stated Section 2.02. ELECTIVE OFFI- ment of the City. (Ref.Ord.1034) of the City Charter be amended as below: CERS. 6. In time of public danger or follows: (A)The newspaper has complied with all of 1. The Council shall be com- emergency the Mayor may take Section 2.661. VACANCIES IN posed of a Mayor and four (4) command of the police, maintain THE COUNCIL. the requirements constituting qualifica- Councilmembers who shall be eli- order and enforce the law. Coun- 1.A vacancy in the council shall tion as a qualified newspaper as provided gible voters as defined by Section cil consent shall be obtained when be deemed to exist by Minn. Stat.§331A.02. 1.04.1 of this Charter. (Ref. Ord. practicable. (Ref.Ord.1034) • in case of the failure of any (B)This Public Notice was printed and pub- 1252) SECTION 3: That Section 2.04 elected person elected thereto to 2.The Mayor shall be elected at of the Fridley City Charter be here- qualify on or before the date of the lished in said newspaper(s) once each large in each United States pres- by amended as follows: second regular meeting of the new week, for 1 successive week(s); the first idential election year to a term of Section 2.04. THE COUN- council; insertion being on 03/24/2017 and the last four(4)years. (Ref.Ord.1034. CILMEMBER AT LARGE •by reason of the death;resig- insertion being on 03/24/2017. 3.One(1)Councilmember shall 1.The Councilmember at Large nation or removal from office; be elected at large in each United shall serve as the mayor pro tem • continuous absence from the States presidential election year to in the temporary absence of the City for mate-than three(3)months; MORTGAGE FORECLOSURE NOTICES a term of four(4)years. (Ref.Ord. Mayor. • failure to attend any council Pursuant to Minnesota Stat. §580.033 1034) 2. If the Mayor's term shall be meetings for three(3)consecutive 4. Three (3) Councilmembers declared vacant.the Councilmem- months; relating to the publication of mortgage shall be elected in each Minneso- ber at Large shall serve as the May- • conviction of a felony of any foreclosure notices: The newspaper complies to gubernatorial election year from or as required in Section 2.07.3. such person whether before or af- with the conditions described in §580.033, three (3) separate Wards of the Section 2.9405 WARD COUN- ter their qualification;or subd. 1, clause (1) or(2). If the newspaper's City to terms of four(4)years each. CILMEMBERS. • by ceasing to be a resident (Ref.Ord.1034) 1.The City is divided into three of the city or the ward from which known office of issue is located in a county 5.The first order of business at (3)separate election Wards desig- elected. adjoining the county where the mortgaged the first official Council meeting in rusted as Ward 1,Ward 2,and Ward In each such case, within thirty premises or some part of the mortgaged each January that follows an elec- 3. (Ref.Ord.1034) (30)days the council shall by res- premises described in the notice are located, tion year shall be the swearing in of 2.A Ward Councilmember must olution declare a vacancy to exist the newly elected members of the be a resident of such ward. If the (Ref.Ord.1289) a substantial portion of the newspaper's Council Ward Councilmember ceases to be SECTION 7. That Section 2.07 circulation is in the latter county. 55,The term of Mayor and of a resident of the ward,then that of- of the City Charter be amended as each Councilmember shall be- fice shall be declared vacant. How- follows: gin after being sworn in following ever,a change in ward boundaries Section 2.070. SALARIES AND their election. Their term shall end during the term of office shall not EXPENSES. By: � � upon the newly aualified elected disqualify the Councilmember from 1,The Mayor and each Coun- Designated Agent official(s) being sworn in. en-the completing the term. (Ref. Ord. cilmember shall receive reasonable 1034) remuneration or salary,the annual 3. The boundaries of the three amount and payment of which shall Subscribed and sworn to or affirmed before (3)wards shall be redetermined re- be prescribed by ordinance duly me on 03/24/2017 by Charlene Vold. term The incumbent may shall re- districted from time to time by ordi- adopted on or before November main in office until a successor has nances duly adopted by the Coun- 1st of the year preceding payment been duly qualified and accepts the cil,and based on the findings of the of the same. When authorized by office. Council that the wards so redeter the Council, its members shall be rt ^I redistrictedoarew suchthatthe remuneratedees for their reasonablconnection l,+�VA"V'�n.l_`o` ,� �1N1,,w1_��,lw_ �- population of any ward shall not expenses incurred in connection Notary Public deviate by more than three percent with the City's business. (3%)from the average of the three 2 The City Manager and all sub- (3)wards. (Ref.Ord.1034) ordinate officers and employees of 6-7.The Council shall serve as 4.After each decennial census the City shall receive such reason- the canvassing board for city elec- of the United States, the Council able compensation as may be fixed vvvvvvvvv.- tions_ (Ref.Ord.1252) shall redetermine redistrict ward by the Council. (Ref.Ord.1034) DARLENE MARIE MACPHERSON SECTION 2: That Section 2.03 boundaries when aporooriate This PASSED AND ADOPTED BY of the City Charter be amended as inatian redistricting of THE CITY COUNCIL OF THE CITY ~,, J Nota Public-Minnesota follows: ward boundaries shall be accom- OF FRIDLEY THIS 13TH DAY OF =,,,,. ry Section 2.03. THE MAYOR. plished within the deadlines es- MARCH 2017. My Commisslon Expires Jan 37,2018 1.The Mayor shall be the pre- tablished by Minnesota law. If no Scott J.Lund,Mayor siding officer of the Council, ex- deadlines are established by law, ATTEST: rept that a mayor pro tern shall be then redistricting must be complet- Debra A.Skogen,City Clerk ed no less than one hundred(100) Public Hearing: February 13,2017; days prior to the legally determined 1st Reading February 27, 2017; of-the-6euneil the councilmember date of the municipal primary of the 2nd Reading March 13,2017 Rate Information: at large who shall act as Mayor year ending in the digit two(2). If Published in the in case of the Mayor's temporary further redistricting is necessary, Columbia Hgt-Fridley Sun Focus (1)Lowest classified rate paid by commercial users disability or absence from the City. as determined by the Council,the March 24,2017 for comparable space: Should neither be available. the adoption of the new boundaries 665915 $25.40 per column inch mayor pro tem shall be chosen shall be prohibited during the time from the remaining Councilmem- period from ninety(90)days before ID 665915 hers to serve at the pleasure of the a primary election up to and includ- AdCouncil. ing the day of the general election