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CHA 10/25/2004 Charter Commission Members FROM: Deb Skogen, Staff Liaison Date: October 22, 2004 CITYOF Re: October 25th Charter Meeting FRIDLEY The Charter Commission has a full membership of 15 members. Unfortunately, Dan Garcia will be tendering his resignation Monday evening because he will be moving out of the City of Fridley. Enclosed are the minutes from the September 27th meeting for your review and the agenda for the meeting. The meeting will be held in Meeting Room 1 in the lower level of City Hall at 7:00 p.m. I have also included a copy of the ballot, and a copy of the ballot language in a larger format for you to review. If you cannot attend the meeting Monday evening, please leave a message on my voice mail, or my e-mail (skogend @ci.fridley.mn.us) no later than Noon, October 25th, at (763) 572-3523. Thank You. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, October 25, 2004 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES September 27, 2004 3. Administrative Matters A. Resignation of Commissioner Garcia—to be presented at the meeting 4. Discussion of Mission Statement 5. Discussion of Glossary/Index—Chapters 1 and 2 6. Discussion of future items 7. Adjournment Next regular meeting: Monday, November 22, 2004, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING September 27,2004 CALL TO ORDER: Chairperson Findell called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Braam,Findell,Garcia,Gordon,Heck,Holm,Linder, Soule,Van Dan Members Absent: Borman,Fitzpatrick,Gerrety,Johnson,Jorgenson Others Present: Deb Skogen,City Clerk/Staff Liaison 1. APPROVAL OF AGENDA: MOTION by Commissioner Gordon seconded by Commissioner Garcia to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF MAY 24,2004,CHARTER COMMISSION MINUTES: MOTION by Commissioner Gordon seconded by Commissioner Heck to approve the May 24,2004,Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. ADMINISTRATIVE MATTERS Commissioner Gary Braam attended the meeting for the first time and introductions were made. There was a brief discussion and review of the charter amendment recommended to the City Council in Marcy from the Charter Commission. The Commissioners recommended that a ballot be included with the ballot language on the amendment for the next meeting. 4. DISCUSSION OF MISSION STATEMENT/GLOSSARY AND/OR INDEX Chairperson Findell asked Commissioner Van Dan if he had had time to prepare a mission statement. Commissioner Van Dan gave a brief review of the Fridley's Charter Commission and said that the Charter Commission was a separate entity from the City Council and had the power to levy a tax to cover its expenses. Commissioner Van Dan stressed the importance of remaining an independent voice to give direction to the City Council. Commissioner Van Dan had been ill and had not had time to prepare a mission statement. Commissioner Gordon agreed there should be a mission statement. Commissioner Heck felt there should be a process. CHARTER COMMISSION MEETING OF SEPTEMBER 27,2004 PAGE 2 Commissioner Soule said that her employer recently redid their mission statement and thought it would be interesting to go through the process. Commissioner Heck said the Commission had been waiting for Commissioner Van Dan to bring something and that if he couldn't prepare it,maybe they should discuss it among the group. Commissioner Holm said he preferred to have something to look at or start with for discussion purposes. Commissioner Soule recommended having a flip chart to allow the Commissioners to brainstorm with words and phrases to help Commissioner Van Dan put something together. Commissioner Heck said there was a purpose in the Charter. Commissioner Garcia agreed he would like to see something in writing to work from,even if it was talking points to start with. Commissioner Gordon asked Commissioner Van Dan if something could be prepared for the next meeting. Commissioner Heck said that the Commission should refer to the statutes when discussion the mission statement. Commissioner Holm asked if the Charter Commission really had taxing authority to operate. Ms. Skogen said that the state statutes allowed the Charter Commission to spend up to 1,000 a year if needed but could not find anything in the statutes about taxing authority. She would review the statutes again before the next meeting. Commissioner Heck asked if the Commission wanted to vote on the definition of eminent domain. Commissioner Soule asked if the Charter meeting minutes were posted on the web site. Ms. Skogen said not at this time. Commissioner Van Dan thought the glossary should be part of the Charter so there was not doubt about the definition of the terms used. Commission Van Dan said that the courts may enforce the law without really understanding the verbiage that was used,so they should be careful. For instance tax imposed or levy had different nuances;or that fees were really a cost for service. Commissioner Van Dan felt the language should be consistent throughout the charter. Commissioner Gordon felt that the city attorney and the city council should review the terminology in the glossary or index before they determine whether it should be part of the charter or not. It was recommended that the Charter Commission review the Charter chapter by chapter so if there was language someone didn't understand they could bring it forward to the Commission to discuss. At this time they preferred to wait on voting on the defmition of eminent domain and directed the members to read Chapters 1 and 2 before the next meeting. ADJOURNMENT: MOTION by Commissioner Gordon seconded by Commissioner Heck to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON FINDELL DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:50 P.M. Respectfully submitted, Debra A. Skogen,City Clerk/Staff Liaison Anita Gerrety, Secretary Working Glossary Charter An instrument in writing creating and defining the franchises of a city, education institution or corporation. Or A document defining, describing the powers the freeholders grant their government. Defining and regulating relations between government and the governed,the rights and powers of the principles. Charter Commission Discretionary Funds Eminent Domain The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following just compensation to the owner of that property Or The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of compensation to the owner of that property Informality Initiative An action by the voters to petition the city council to enact a new ordinance or to repeal an existing ordinance. Non-discretionary Funds Recall An action by the voters to remove an elected municipal official from office. Such action begins by petitioning the City Council alleging malfeasance or nonfeasance in office. Referendum An action by the voters to petition the city council to stop an ordinance from becoming effective, thereby allowing the city council to reconsider and repeal the ordinance or submit it to the voters at the next regular election. Sinking Fund or Money set aside in a special account for the purpose of redeeming or "debt reserve fund" retiring bonds. Suspense Fund )icuonary.comimanaamus rage i of mandamus Look it up Dictionary= ' -Dictionary =Thesaurus Premium: Sim up l Login ADVERTISEMENT Dictionary - Thesaurus Get the Top.10_M. Popular Sites for "mandamus" 4 entries found for mandamus. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in mandamus• P Pronunciation Key (man-damms)Law your field advance n. their careers with University of A writ issued by a superior court ordering a public official or Phoenix. body or a lower court to perform a specified duty. Free ColleY�eMoney! Find information on tr.v. man•da•mused, man•da•mus•ing, mandamuses• more than 600,000 scholarships! To serve or compel with such a writ. Improve your --- _"" fluency [Latin mandamus, we order (used in such a writ), first person pl. With Champs- present tense of mandare, to order. See man-2 in Indo-European Elysees Roots.] Audiomagazines in French, German, [Download or Buy Now] Italian or Spanish! Source: The American Heritage®Dictionary of the English Language, Fourth Edition Copyright ©2000 by Houghton Mifflin Company. Free Toolbar! Published by Houghton Mifflin Company. All rights reserved. Find the answers fast with the mandamus Dictionary.com Toolbar [,- andamus: log in for this definition of mandamus and other en 3 in Merriam-Webster Dictionary of Law, available only to ittp://dictionary.reference.com/search?q=mandamus 1/22/2004 Jicuonary.convmanaamus rage 2 oz 2 Dictionary.com Premium members. S up our brain TM Subscribe to n Dictionary.com St e: Merriam-Webster Dictionary of Law, © 1996 Merriam- Premium for exclusive Webster, Inc. features & services! mandamus \Man*da"mus\, n. [L., we command, fr. mandare to command.] (Law) A writ issued by a superior court and directed to some inferior tribunal, or to some corporation or person exercising authority, commanding the performance of some specified duty. Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc. mandamus n : an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail [syn: writ of mandamus] S.'e: WordNet® 1.6, ©1997 Princeton University Perform a new.search, or try your search for "mandamus" at: ADVERTISEMENT • Amazon,com -Shop for books, music and more • AskJeeves.com -Get the top 10 most popular sites • eLibrary - Search thousands of newspapers and magazines • Google -Search the Web for relevant results • Google Groups-Search Usenet messages back to 1981 • Merriam-Webster-Search for definitions • Roget's Thesaurus- Search for synonyms and antonyms Zttp://dictionary.reference.com/search?q=mandamus 1/22/2004 J1l:UU1laly.l+u1wUJUJpGIIJC 4U OUHHL rage suspense account Look it up Dictionary:an Dictionary C Thesaurus Premium: Sign up I Login ADVERTISEMENT Dictionary - Thesaurus Get the Top_10 Most Popular Sites for "suspense account 3 entries found for suspense account. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in suspense account your field advance n. their careers with University of A temporary account in which entries of credits or charges are Phoenix. made until their proper disposition can be determined. [Download or Buy Now] Free College Monev! Source: The American Heritage®Dictionary of the English Find information on Language, Fourth Edition more than 600,000 Copyright ©2000 by Houghton Mifflin Company. scholarships! Published by Houghton Mifflin Company. All rights reserved. suspense account Improve y our fluency Suspense\Sus*pense"\, n. [From F. suspens, a. See Suspense, a.] 1. With Champs- The state of being suspended; specifically, a state of uncertainty and Elysees expectation, with anxiety or apprehension; indetermination; French, German, es in French, German, indecision; as,the suspense of a person waiting for the verdict of a Italian or Spanish! Jury. Ten days the prophet in suspense remained. --Denham. Free Toolbar! Find the answers Upon the ticklish balance of suspense. --Cowper. fast with the Dictionary.com 2. Cessation for a time; stop; pause. Toolbar A^)l suspense from pleasure and from pain. --Pope. Zttp://dictionary.reference.com/search?q=suspense%20account 1/22/2004 Jicnonary.comisuspense account Page 2 of3 3. [Cf. F. suspense.] (Law) A temporary cessation of one's right; Supersize your brainTMTl T r;,. suspension, as when the rent or other profits of land cease by unity of tu.nua.ALD Fula I p . ssion of land and rent. Subscribe to i-: Dictionary.com Premium for exclusive Suspense account (Bookkeeping), an account in which receipts or ! disbursements are temporarily entered until their proper position in features & services the books is determined. LP l Source: Webster's Revised Unabridged Dictionary, © 1996 1998 MICRA, Inc. suspense account n : an account used temporarily to carry doubtful receipts and t disbursements or discrepancies pending their analysis and permanent classification Source: WordNet® 1.6, © 1997 Princeton University IttiMAID =HAW - I f , f - 'erform a new search, or try your search for "suspense account" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more University of • AskJeeves.com -Get the top 10 most popular sites = Phoenix • eLibrary -Search thousands of newspapers and magazines Earn a degree • Google-Search the Web for relevant results • Google Groups-Search Usenet messages back to 1981 Bachelor's Degrees • Merriam-Webster-Search for definitions Master's Degrees • Rogers Thesaurus- Search for synonyms and antonyms Get the FREE Dictionary.com Toolbar for your browser now! From the makers of Dictionary.com Ittp://dictionary.reference.com/search?q=suspense%20account 1/22/2004 wit uuiia►y.wuUuupuuiLIMNS rage i or .) implicitness Look it up Dictionar Com ."4)Dictionary 0 Thesaurus Premium: Sign up I Login You are visitor #857336 to this site CONGRATULATIONS! YOU'VE WON! Click Here'I ADVERTISEMENT Dictionary - Thesaurus Get the T_op 10 Most Popular Sites for "implicitness" 3 entries found for implicitness. SPONSORED LINKS ADVERTISEMENT 93% Satisfaction See why thousands of professionals in im•plic•it P Pronunciation Key Om-pi is'it) your field advance adj. their careers with University of Implied or understood though not directly expressed: an Phoenix. implicit agreement not to raise the touchy subject. 2. Contained in the nature of something though not readily F'ree_Colle��e Money! apparent: "Frustration is implicit in any attempt to express the Find information on deepest self' (Patricia Hampl). more than 600,000 3. Having no doubts or reservations; unquestioning: implicit scholarships! trust. Improve your fluency_ [Latin implicitus, variant of implicitus, past participle of With Champs- implicare, to entangle. See implicate.] Elysees Audiomagazines in im•plic'it•ly adv. French, German, im•plicit•ness n. Italian or Spanish! [Download or Buys Now] Free Toolbar! Source: The American Heritage®Dictionary of the English Find the answers Language, Fourth Edition fast with the Copyright ©2000 by Houghton Mifflin Company. Dictionary.com Published by Houghton Mifflin Company. All rights reserved. Toolbar ir." citness Zttp://dictionary.reference.com/search?q=implicitness 1/22/2004 Jicuwnary.eomiirnpnel ness rage z or \Im*plic"it*ness\, n. State or quality of being implicit. Supersize your brainTM Subscribe to ,,-� Dictionary.com S e: Webster's Revised Unabridged Dictionary, ©1996, 1998 premium for exclusive MIL RA, Inc. features & services! implicitness Internet n : inexplicitness as a consequence of being implied or indirect Bill Pay■ Source: WordNet® 1.6, © 1997 Princeton University Now with any L .S. Bank personal checking account. Think Free. Bank Smart. Start Now. us bank. Mcm,vr FDIC ?erform a new search, or try your search for "implicitness" at: ADVERTISEMENT • Amazon.com -Shop for books, music and more e �University of • AskJeeves.com-Get the top 10 most popular sites = Phoenix- • eLibray-Search thousands of newspapers and magazines Earn a degree • Google-Search the Web for relevant results Bachelor's Degrees • Google Groups-Search Usenet messages back to 1981 • Merriam-Webster- Search for definitions Master's Degrees • Roget''s Thesaurus- Search for synonyms and antonyms Get the FREE Dictionar .comToolbar for your browser now! From the makers of Dictionary.com ittp://dictionary.reference.com/search?q=implicitness 1/22/2004 Ji�uvuua.y.AJ111/ vc rage t or 3 implosive Look it up Dictionarytom ':_ Dictionary °Thesaurus Premium: Sigailp I Login You are visitor #857336 to this site CONGRATULATIONS! YOU'VE WON! l Click Flere ADVERTISEMENT Dictionary - Thesaurus Get the Top_10Most Popular Sites for"implosive" 2 entries found for implosive. SPONSORED LINKS ADVERTISEMENT 93%Satisfaction See why thousands of professionals in implo-sive P Pronunciation Key (1m-plo'sly) your field advance n their careers with University of A stop consonant pronounced with the breath drawn in. Phoenix. Free College Money! implo sive adj. Find information on more than 600,000 [Download or.Buv_Now] scholarships! Source: The American Heritage®Dictionary of the English Language, Fourth Edition Copyright ©2000 by Houghton Mfflin Company. Improve your Published by Houghton Mifflin Company. All rights reserved. fluency With Champs- implosive Elysees Audiomagazines in dm*plo"sive\, a. (Phon.) Formed by implosion. --n. An implosive French, German, sound, an implodent. -- Im* to \"sive*ly_, adv. --H. Sweet. Italian or Spanish! Free Toolbar! Source: Webster's Revised Unabridged Dictionary, © 1996, 1998 Find the answers lICRA, Inc. fast with the Dictionary.com Toolbar Lttp://dictionary.reference.com/search?q=implosive 1/22/2004 Page 1 of 13 Minnesota Statutes 2004, Chapter 410. C^:fight 2004 by the Office of Revisor of Statutes, State of Minnesota. ==410.01 410.01 Cities, classes. Cities are hereby divided, for legislative purposes, into classes as follows: First class -- Those having more than 100, 000 inhabitants provided that once a city is defined to be of the first class, it shall not be reclassified unless its population decreases by 25 percent from the census figures which last qualified the city for inclusion in the class; Second class -- Those having more than 20, 000 and not more than 100, 000 inhabitants; Third class -- Those having more than 10, 000 and not more than 20,000 inhabitants, and Fourth class -- Those having not more than 10, 000 inhabitants. Changes in classification resulting from any future national census shall take effect upon the filing of certified copies of the census in the office of the secretary of state as priyided in section 600.18. Meanwhile the council or other c ;rning body shall take measures for the election of proper officials and for dividing the city into wards, if necessary, and otherwise prepare for the coming change. HIST: (1265) RL s 746; 1951 c 348 s 1; 1959 c 510 s 1; 1978 c 489 s 1 ==410.015 410.015 Definitions relating to cities. The term "statutory city" means any city which has not adopted a home rule charter pursuant to the Constitution and laws; the words "home rule charter city" mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the word "city" when used without further description extending the application of the term to home rule charter cities means statutory cities only. HIST: 1976 c 44 S 19; 1976 c 155 s 3 ==410.02 410.02 Repealed, 1949 c 114 s 1 ==410.03 410.03 Existing charters preserved. -.L7ntil otherwise provided in accordance with this chapter, a cities existing at the time of the taking effect of the Revised Laws 1905 shall continue to be governed by the laws then applicable thereto. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 2 of 13 HIST: (1267) RL s 747 / ∎ =- J.04 410.04 Home rule charters; patrol limits. Any city in the state may frame a city charter for its own government in the manner hereinafter prescribed; provided, that in such cities having patrol limits established by charter, such limits shall not be altered unless the charter proposing such alteration be adopted by a three-fourths majority. HIST: (1268) RL s 748; 1907 c 375 s 1; 1973 c 123 art 5 s 7 ==410.05 410.05 Charter commission. Subdivision 1. Appointment. When the district court of the judicial district in which a city is situated, deems it for the best interest of the city so to do, the court, acting through its chief judge, may appoint a charter commission to frame and amend a charter. Upon presentation of a petition requesting such action, signed by at least ten percent of the number of voters of the city, as shown by the returns of the last regular city election, or upon resolution of the governing body of the city requesting such action, the court shall appoint a charter commission. The commission shall be composed of not less than seven nor more than 15 members, each of whom shall be a ,qualified voter of the city. The size of the commission shall b"determined within the above limits by the court, except that the commission is appointed pursuant to a petition of the voters or resolution of the governing body of the city, the size of the commission shall be as specified in such petition or resolution. Any city may by charter provision fix the size of the charter commission at a figure which shall not be less than seven nor more than 15 members, and such charter provision shall prevail over any inconsistent provisions of this subdivision. Except as otherwise provided in the charter, no person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than judicial. The charter may provide that members of the governing body of the city cannot serve on the charter commission. Subd. 2. Commission members; terms, vacancies. Charter commission members shall hold office for the term of four years, and until their successors are appointed and qualify, except that of members initially appointed after July 1, 1967, eight shall be appointed for two year terms and seven for four year terms. Vacancies in the commission shall be filled by appointment of the chief judge for the unexpired terms. Upon the expiration of each term, the chief judge shall appoint new commission members. If the chief judge fails to appoint new commission members within 30 days then thereafter the governing body of the city shall, appoint new commission members, unless within the 30 day period the chief judge indicates in writing to the governing body an intention to ar.pint new members, in which case the chief judge shall have an a _tional 60 days within which to make the appointment. Appointments shall be made by order filed with the court administrator of the district court. An appointee who neglects http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 3 of 13 to file with the court administrator within 30 days a written acceptance and oath of office shall be deemed to have declined t.. appointment and the place shall be filled as though the a Antee had resigned. The charter commission, within 30 days after the initial appointment of the commission, shall make rules, including quorum requirements, with reference to its operations and procedures. The commission shall submit to the chief judge of the district court, on or before December 31 of each year, an annual report outlining its activities and accomplishments for the preceding calendar year. The commission shall forward a copy of the report to the clerk of the city. Any member may be removed at any time from office, by written order of the district court, the reason for such removal being stated in the order. When any member has failed to perform the duties of office and has failed to attend four consecutive meetings without being excused by the commission, the secretary of the charter commission shall file a certificate with the court setting forth those facts and the district court shall thereupon make its order of removal and the chief judge shall fill the vacancy created thereby. Subd. 3 . Commission appointments; nominees. A city council, a charter commission, or the petitioners requesting the appointment of a charter commission may submit to the court the names of eligible nominees which the district court may consider in making appointments to the charter commission. Subd. 4 . Commission meetings. The charter commission shall meet at least once during each calendar year, a' upon presentation of a petition signed by at least ten I tent of the number of voters of the municipality, as shown by the returns of the last annual municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider the proposals set forth in such petition or resolution. Subd. 5. Discharge. If the charter commission of a statutory city determines that a charter is not necessary or desirable, the commission may be discharged by a vote of three-fourths of its members. Another commission may not be formed sooner than one year from the date of discharge. HIST: (1269) RL s 749; 1909 c 423; 1913 c 535 s 1; 1949 c 210 s 1; 1959 c 305 s 5; 1961 c 608 s 1; Ex1967 c 33 s 1; 1971 c 208 s 1-3; 1973 c 123 art 5 s 7; 1976 c 44 s 20; 1979 c 330 s 3; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 51 s 1; 2004 c 197 s 1,2 ==410.06 410.06 Compensation; expenses. The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation ap-4\the cost of printing such charter, or any amendment or x sion thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 4 of 13 shall not exceed in any one year the sum of $10, 000 for a first class city and $1,500 for any other city; but the council may a^horize such additional charter commission expenses as it c. as necessary. Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess of charter tax limitations to pay such expenses. HIST: (1270) RL S 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s 2; 1973 c 123 art 5 s 7; 1994 c 505 art 3 s 8 ==410.07 410.07 Determination of desirability; framing charter. As soon as practicable after such appointment, the charter commission shall deliver to the clerk of the city either (1) its report determining that a home rule charter for the city is not necessary or desirable, or (2) the draft of a proposed charter, in either case signed by at least a majority of its members. Such draft shall fix the corporate name and the boundaries of the proposed city, and provide for a mayor, and for a council to be elected by the people. Subject to the limitations in this chapter provided, it may provide for any scheme of municipal government not inconsistent with the constitution, and may provide for the establishment and administration of all departments of a city government, and for the regulation of all local municipal functions, as fully as the legislature might have done before home rule charters for cities were authorized b'"•constitutional amendment in 1896. It may omit provisions in 1 3rence to any department contained in special or general laws then operative in the city, and provide that such special or general laws, or such parts thereof as are specified, shall continue and be in force therein, including any such special or general law authorizing the city to incur indebtedness or issue its bonds for municipal purposes. It may prescribe methods of procedure in respect to the operation of the government thereby created, and the duties thereunder of all courts and officers of the district and county in which the city is situated, which duties such courts and officers shall perform. By such charter the city may be authorized to acquire, by gift, devise, purchase, or condemnation, any property, within or without its boundaries, needed for the full discharge of any public function which it is permitted to exercise. HIST: (1271) RL s 751; 1921 c 120; 1921 c 343; 1959 c 305 s 1; 1961 c 608 s 3; 1971 c 71 s 4; 1973 c 123 art 5 s 7 ==410.08 110.08 Repealed, 1953 c 278 s 1 ==410.09 410.09 Regulation of franchises. Such proposed charter may provide for regulating and controlling the exercise of privileges and franchises in or upon try streets and other public places of the city, whether granted he city, by the legislature, or by any other authority; but no perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted, unless http://www.revisor.leg.state.mn.us/cgi-biri/getstatchap.pl 10/22/2004 Page 5 of 13 the proposed grant be first submitted to the voters of the city, and be approved by a majority of those voting thereon, nor in so"%h case for a period of more than 25 years. HIST: (1283) RL s 753; 1973 c 123 art 5 s 7 ==410.10 410.10 Charter election. Subdivision 1. Timing; procedure; recall. Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft. The council or other governing body may call a special election for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter. /"9ubd. 2. Election notice; publication. The notice of E .tion shall contain the complete charter and shall be published once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25, 000 copies. The governing body may in addition thereto publish the notice in any other legal newspaper published in the city. Subd. 3 . Ballot words, form. The ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes. . . . No. . . . , " with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner. Subd. 4. Rejection; later proposals. If any charter so submitted be rejected the charter commission may propose others from time to time until one is adopted. HIST: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123 art 5 s 7; 1986 c 444 ==410.11 410.11 Adoption; notice, effective date. .f 51 percent of the votes cast on the proposition are in favor of the proposed charter, it shall be considered adopted; and, if any provisions thereof are submitted in the alternative, http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 6 of 13 those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk shall file the secretary of state, the county recorder of the county i which the city lies, and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted. The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon the election of officers thereunder, the officials of the former corporation shall deliver to them the records, money and other public property in their control. HIST: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1986 c 444 ==410.12 410.12 Amendments. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and s"v.l have attached thereto the text of the proposed amendment i _till; except that in the case of a proposed amendment containing more than 1, 000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain ep 4 petitioner's signature in ink or indelible pencil and must i .cate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 7 of 13 addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a p^mittee of the petitioners, shall be regarded as responsible the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ss. County of being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any ao""Siant convicted of swearing falsely as regards any particular t reof shall be punishable in accordance with existing law. Subd. 3 . May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such iryifficient petition. The finding of the insufficiency of a I _tion shall not prejudice the filing of a new petition for the same purpose. http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 8 of 13 Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and p^ Lished as in the case of the original charter. The form of ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter cy—,mission. The amendment shall become effective only when . roved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4 . If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' pyMished notice containing the text of the proposed amendment a shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 9 of 13 or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a p 'ition requesting a referendum on the ordinance may be filed 1 .i the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2, 000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. HIST: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42 ==410.121 410.121 Sale of intoxicating liquor or wine; favorable vote. nIf the charter which is to be amended or replaced contains I. iisions which prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof. HIST: 1969 c 1027 s 2 ==410.13 410.13 Repealed, 1959 c 305 s 6 ==410.14 410.14 Alternative proposals. In submitting a charter or an amendment to the voters any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any amendments thereto. HIST: (1288) RL s 757 ==410.15 410.15 Succession; subsisting rights. The new city so organized shall be in all respects the legal successor of the former corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any sylksisting right, lien, or demand against the city superseded, c ffect any pending action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former corporation, all property vested therein or held in http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 10 of 13 trust therefor, all taxes and assessments levied in its behalf, and all its privileges and immunities not inconsistent with the rY"'■ charter, shall pass to its successor. All ordinances, i Jlutions, and bylaws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed. HIST: (1289) RL s 758; 1973 c 123 art 5 s 7 ==410.16 410.16 Forms of government incorporated in charter. The charter commission may incorporate as part of the proposed charter for any city the commission, mayor-council, council-manager form of city government or any other form not inconsistent with Constitution or statute, and may provide that all elective city officers, including mayor and members of the council, shall be elected at large or otherwise. HIST: (1290) 1909 c 170 s 1; 1959 c 305 s 5; 1961 c 608 s 7 ==410.17 410.17 Repealed, 1973 c 503 s 6 ==410.18 410.18 Distribution of administrative powers. Such charter commission may also provide that the administrative powers, authority, and duties in any such city e'N11 be distributed into and among departments and may provide .. the council may determine the powers and duties to be performed by and assign them to the appropriate department and determine who shall be the head of each department and prescribe the powers and duties of all officers and employees thereof, and may assign particular officers or employees to perform duties in two or more departments, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. HIST: (1292) 1909 c 170 s 3; 1959 c 305 s 5 ==410.19 410.19 Powers of mayor and council. The charter commission may incorporate in such charter provisions defining the powers and duties of the mayor and each member of the council, and may provide that each member of the council shall perform such administrative duties as may be designated in such charter. HIST: (1293) 1909 c 170 s 4; 1959 c 305 s 5 ==410.20 410.20 Recall and removal of officers; ordinances. Such commission may also provide for the recall of any ej�Gtive municipal officer and for removal of the officer by of the electors of such city, and may also provide for submitting ordinances to the council by petition of the electors of such city and for the repeal of ordinances in like manner; http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 11 of 13 and may also provide that no ordinance passed by the council, except an emergency ordinance, shall take effect within a cY`*tain time after its passage, and that if, during such time, a I motion be made by a certain percentage of the electors of the city protesting against the passage of such ordinance until the same be voted on at an election held for such purpose, and then such ordinance to take effect or not as determined by such vote. HIST: (1294) 1909 c 170 s 5; 1959 c 305 s 5; 1986 c 444 ==410.21 410.21 Application of general election laws. The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as to nominations, primary elections, and elections for municipal offices, notwithstanding that such charter provisions may be inconsistent with any general law relating thereto, and such general laws shall apply only in so far as consistent with such charter. HIST: (1295) 1909 c 170 s 6 ==410.22 410.22 Repealed, 1973 c 503 s 6 ==410.23 410.23 Repealed, 1959 c 305 s 6 ==e-'0.24 410.24 New or revised charter. Any city having a home rule charter may submit and adopt a new or revised charter in the manner provided by law for the original adoption of such home rule charter. HIST: (1298) 1909 c 236 S 2; 1961 c 608 s 8 ==410.25 410.25 Repealed, 1959 c 305 s 6 ==410.26 410.26 Repealed, 1961 c 608 s 10 ==410.27 410.27 Repealed, 1973 c 503 s 6 ==410.30 410.30 City may revert to statutory city; process; transition. Any city of any class having a home rule charter may abandon such charter and become a statutory city. A proposal to abandon the charter shall be presented, adopted, and become effective in the same manner as a charter amendment, and all statutory provisions relating to home rule charter amendments sal apply to a proposal to abandon a charter. Such proposal E. .1 include a schedule containing all necessary provisions for transition to a statutory city form of government, including such provisions with reference to terms of incumbent officers as http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 12 of 13 are deemed appropriate to place the municipality on the regular statutory city election schedule as soon as practicable. The p"*'bosal may provide in effect for continuance of specified visions of the home rule charter for an interim period and shall specify the standard plan or the optional plan under which the municipality is to operate as a statutory city. HIST: 1965 c 561 s 1; 1973 c 123 art 5 s 7; 1973 c 503 s 5 ==410.31 410.31 Repealed, 1973 c 503 s 6 ==410.32 410.32 Cities may issue capital notes for capital equipment. Notwithstanding any contrary provision of other law or charter, a home rule charter city may, by resolution and without public referendum, issue capital notes subject to the city debt limit to purchase public safety equipment, ambulance and other medical equipment, road construction and maintenance equipment, and other capital equipment and computer hardware and original operating system software, provided the equipment or software has an expected useful life at least as long as the term of the notes. The authority to issue capital notes for original operating system software expires on July 1, 2005. The notes shall be payable in not more than five years and be issued on terms and in the manner the city determines. The total principal amount of the capital notes issued in a fiscal year s. Nl not exceed 0.03 percent of the market value of taxable derty in the city for that year. A tax levy shall be made for the payment of the principal and interest on the notes, in accordance with section 475.61, as in the case of bonds. Notes issued under this section shall require an affirmative vote of two-thirds of the governing body of the city. Notwithstanding a contrary provision of other law or charter, a home rule charter city may also issue capital notes subject to its debt limit in the manner and subject to the limitations applicable to statutory cities pursuant to section 412 .301. HIST: 1983 c 361 s 1; 1988 c 702 s 2; 1988 c 719 art 5 s 84; 1989 c 1 s 4; 1990 c 612 s 15; 2003 c 127 art 12 s 15; 1Sp2003 c 21 art 10 s 11 ==410.325 410.325 Tax anticipation certificates. Notwithstanding a contrary provision of other law or charter, a home rule charter city may issue tax anticipation certificates in the manner and subject to the limitations applicable to statutory cities under section 412 .261. The certificates may also be issued in anticipation of federal and state aids, but the total amount of certificates issued against any fund for any year with interest on them must not exceed any limits in the charter relating to the total of the anticipated tax levy and the anticipated state aids for any fund not yet c/alected or received. HIST: 1995 c 264 art 9 s 10 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004 Page 13 of 13 ==410.33 410.33 Savings clause. .f a city charter is silent on a matter that is addressed for statutory cities by chapter 412 or other general law and general law does not prohibit a city charter from addressing the matter or expressly provide that a city charter prevails over general law on the matter, then the city may apply the general law on the matter. HIST: 1994 c 446 s 1 ==410.misc2004 Minn. Stats. repealed, etc. secs in chap 410 410.02 Repealed, 1949 c 114 s 1 410.08 Repealed, 1953 c 278 s 1 410.13 Repealed, 1959 c 305 s 6 410.17 Repealed, 1973 c 503 s 6 410.22 Repealed, 1973 c 503 s 6 410.23 Repealed, 1959 c 305 s 6 410.25 Repealed, 1959 c 305 s 6 410.26 Repealed, 1961 c 608 s 10 410.27 Repealed, 1973 c 503 s 6 410.31 Repealed, 1973 c 503 s 6 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 10/22/2004