CHA 02/22/2010 1 TO: Charter Commission Members
KJ FROM: Deb Skogen, City Clerk
Cindy Soule, Charter Commission Chair
Date: February 16, 2010
CI1YOF
FRIDLEY Re: February 22, 2010 Charter Meeting
The next Charter Commission meeting is scheduled for Monday, February 22, 2010 at 7:00 p.m.
in Meeting Room 1 in the lower level of City Hall.
In order to ensure a quorum, remember,the Charter Commission policy requires a member to
call or e-mail me before 8:00 a.m. Monday, October 25th, as to whether or not they plan on
attending the meeting. Please remember to call or e-mail me by Monday morning at (763) 572-
3523 or e-mail at skogend(a ci.fridley.mn.us whether or not you will be attending the meeting.
If there will not be a quorum,those Commissioners who called will receive a phone call
notifying them there will not a quorum and the meeting will be cancelled. A notice will then be
placed on the door of the cancellation of the meeting for those commissioners who did not call,
but came to the meeting.
Bill Holm came in and provided me with changes to Chapter 7 after the discussion last month. It
now appears as 2010 Holm Amendment.
I have included the Nominating Committee Report, the proposed By-Law amendment, the 2010
Holm Amendment and Chapters 4 and 5 of the Charter are included for discussion purposes due
to upcoming changes in state law.
Please let me know if you have any questions or concerns.
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY FEBRUARY 22, 2010 AT 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1, Lower Level
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES
January 25,2010
5. ADMINISTRATIVE MATTERS
A. Report of Nominating Committee
B. Review of By-Laws amendment
C. Reappointment of Commissioners Flickinger, Kranz and Ryan to serve an
additional 4 year term.
6. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7
See 2010 Holm Amendment
7. DISCUSSION OF CHAPTER 4-ELECTIONS
8. DISCUSSION OF FUTURE AGENDA ITEMS
9. ADJOURNMENT
NEXT MEETING MONDAY,MARCH 22,2010,IN MEETING ROOM 1 IN THE LOWER
LEVEL CONFERENCE ROOM
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
January 25,2010
CALL TO ORDER:
Chairperson Soule called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Borman,Braam,Findell,Hoiby,Holm,Reynolds,Ryan, Scholzen, Shaw
and Soule
Members Absent: Commissioners Flickinger,Jorgenson,Kranz,Plummer and Nelson
Others Present: Deb Skogen,City Clerk/Staff Liaison
Cindy Ruschy,Assistant Staff Liaison
APPROVAL OF AGENDA
Deb Skogen requested that an item pertaining to Elections be added under future business.
Commissioner Hoiby MOVED and Commissioner Braam seconded a motion approving the meeting agenda as
amended.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
APPROVAL OF MINUTES
Chairperson Soule suggested changing the minutes on page 2,third paragraph under Discussion of proposed
amendment to chapter 7,by adding the word annually to the last sentence to read as follows:
"It would cost most residents about$39 annually rather than the$82 for property tax increase."
Commissioner Braam MOVED and Commissioner Holm seconded a motion approving the Charter Commission
meeting minutes as amended of October 26,2009.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. Appointment of Nominating Committee
Chairperson Soule looked for volunteers to serve on the Nominating Committee. After discussion,
Commissioner Hoiby will serve as chair and Commissioners Braam and Ryan will serve on the Committee.
Commissioner Braam wondered if any terms were expiring this year. Ms. Skogen reviewed the membership
information and reported Commissioners Flickinger,Kranz and Ryan's terms expire on April 22,2010.
B. Review of By-Laws
Draft
CHARTER COMMISSION MEETING OF JANUARY 25,2010 PAGE 2
Chairperson Soule thought it would be a good idea for the Commission to review the by-laws. She said
there didn't appear to be any instructions on cancelling a meeting and wondered if there should be for future
reference.
Ms. Skogen said there was direction from the Commissioners from their last meeting that if there was
nothing new to add to the agenda,the meeting could be cancelled at the discretion of the Chair.
After discussing the by-laws,Commissioner Ryan MOVED and Commissioner Braam seconded a motion to
add the following language to Section VII.B.:
"There shall be no secret votes,other than contested election(s)of officers."
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION
CARRIED.
C. Status of Ordinance No. 1260 and Special Election
Ms. Skogen reviewed the results of the special election with the Commission stating that the amendment
failed and the ordinance was repealed. At the end of the last meeting you were discussing the Holm
amendment.
DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7
Commissioner Findell MOVED and Commissioner Borman seconded a motion removing the discussion of Chapter 7
from the table.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED.
The Commissioners then began reviewing Amendment(c)(2)Holm Amendment where they left off their discussion
last fall.
Commissioner Borman MOVED and Commissioner Braam seconded a motion for the following changes:
Section 2 C changed back to read the same as it did before the changes in 2000(without strikethrough);and
Section 2 D be changed to read;"The additional tax levy shall take effect if approved by a majority of the votes cast
on that ballot question.
There was some discussion on what a fee was and whether or not recycling was a fee or a charge. Commissioner
Reynolds said if the fee were increased it wouldn't have to go to the voters. Ms Skogen said the fee to the residents
could not go above the CIP or 5%,whichever is less,without going to the voters and that the City is subsidizing part
of the recycling operation,which is required by state mandates.
Commissioner Holm said residents don't get charged for street lights,street maintenance,stop signs,etc. If the city
wanted to install those types of fees,you could call it anything you wanted to but they would still have to go before
the voters because it would be a new fee.
UPON A VOICE VOTE,COMMISSIONER REYNOLDS OPPOSED,CHAIRPERSON SOULE DECLARED
THE MOTION CARRIED ON A VOTE OF 9-1.
Commissioner Borman MOVED and Commissioner Braam seconded a motion to keep the language in Section 3 B
and not take it out.
Commissioner Holm said by putting this language back in specifies what it does not include. He felt it didn't have
anything to do with increases in existing fees.
Draft
CHARTER COMMISSION MEETING OF JANUARY 25,2010 PAGE 3
Commissioner Reynolds said that was correct,but Commissioner Holm said that you would have to change the tile in
Section 3 which is for the creation of new fees. He felt this section needed more work and not just putting language
back into the section. It is more about establishing a new fee rather than increasing existing fees. He felt if recycling
fees was removed,there wouldn't be any other existing fees that were needed to be changed.
Chairperson Soule wondered what it would like 10 years from now if the city had created some new fees and the city
wanted to increase those fees,how would that be handled. He felt it would be handled like utilities to increase the
service.
UPON A VOICE VOTE,HOIBY VOTING NAY,CHAIRPERSON SOULE DECLARED THE MOTION
CARRIED BY A VOTE OF 9-1.
Chairperson Soule said since the language was put back in,she felt that Section 3 was inconsistent with new fees and
wondered what the Commissioners wanted.
Commissioner Holm said he would try to re-write his amendment based on the discussion and provide it to the City
Clerk before the next meeting so that it read better.
There was a discussion of cable franchise fees and gas and electric franchise fees. Ms. Skogen said the cable
franchise fees were put into place to help pay for public access. The electric and gas franchise fees themselves were
repealed in 1999,but the sections of the code defming what a gas or electric franchise was not repealed.
Commissioner Reynolds wondered if Chapter 11 of the Charter regulated the gas and electric franchise fees. Ms.
Skogen said the City Code currently regulates the gas and electric franchise fees because they are not owned by the
City. If the city did own a gas or electric company,Chapter 11 would then regulate those fees.
Commissioner Findell said franchise fees appear to be a reasonable revenue raising fee because it picks up other
entities that are not taxed at this time.
Commissioner Holm felt there was a need about addressing existing fees because there was the potential of some
fees being increased at a great rate that should require voter approval.
DISCUSSION OF FUTURE AGENDA ITEMS
Ms. Skogen said there will be a law introduced in the Legislature to move the primary to August 10`h to allow 45,
rather than 30 days,for absentee ballot voting for the military and overseas voters. Chapter 4 of the Charter would
have to be changed to make it consistent with state law. She said there are other things pertaining to elections that
may need to be changed. She will review the charter and bring suggested changes to the next meeting.
ADJOURNMENT:
Commissioner Braam MOVED and Commissioner Holm seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED
AND THE MEETING WAS ADJOURNED AT 8:30 P.M.
Respectfully submitted,
Debra A. Skogen,City Clerk Carol Hoiby, Secretary
Draft
February 16, 2010
Charter Commission Nominating Committee Report
Chairperson Soule appointed Commissioner Carol Hoiby to serve as the Nominating Committee
Chair and Commissioners Braam and Ryan to serve as members on the Nominating Committee
on January 25, 2010. The Nominating Committee met and offers the following nominations to
serve as the 2009-10 Charter Commission Officers:
Chair Cindy Soule
Vice Chair Rick Nelson
Secretary Carol Hoiby
All three members have agreed to serve if elected.
2010 Proposed By-Laws Amendment
That the Charter Commission By-Laws be amended as follows:
VII. VOTING
A. A majority vote of members present shall be sufficient to pass motions and
resolutions except as provided elsewhere.
B. There shall be no secret votes, other than contested election(s) of officers.
2010 Amendment(C)(2) (Holm Amendment)
Ordinance No.
AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER
WHEREAS,the City of Fridley, Minnesota,under the powers vested in it under Minnesota Statutes
Section 410 and its own City Charter,has the power to amend its Charter, and
WHEREAS, after review and consent of the Charter Commission, the City Council has determined
the current language of the charter related to restrictions on the tax levy and fee restrictions may
cause deep and significant harm to the finances of the City and that a change in charter language is
necessary to mitigate future harm from being caused by the charter City's finances.
IT IS HEREBY ORDAINED THAT THE CHARTER BE AMENDED AS FOLLOWS:
OLLOWS:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.02. POWER OF TAXATION.
1. The City shall have, in addition to the powers by this Charter expressly granted
or implied, all the powers to raise money by taxation pursuant to the laws of the State which
are applicable to cities of the class of which it may be a member from time to time,
provided that the amount of taxes levied against real and personal property within the City
for general City purposes shall not exceed the lesser Qf the following formulas; either the
prior year tax levy dollar amount increased by a maximum of 5% or CPI (Consumer Price
Index)plus 2%. The CPI shall be the 12 month average of the most recently published data
for all Urban Consumers in the Minneapolist. Paul metropolitan area, as defined by the
U.S. Department of Labor, Bureau of Labor Statistics. in dollars, a tax levy that is greater
•° - - .. _. - .., - - - _. -- , : .. . . .•
Nothing in this provision shall be construed to impair any general obligation the City may
have in support of otherwise lawful indebtedness or similar obligation supported by the full
faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City. (Ref Ord 1152)
2. The City Council may also levy a tax in-any year against real and personal property within
the City in addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying
the purposes for which such additional tax levy is required.
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
Ordinance No._ Page 2
newspaper of the City setting forth the contents of the resolution described in
Subdivision A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four(4)
members of the Council which resolution provides for such levy. shall be presented
as a clear and concise 'plain language' ballot question at the next regular municipal
election. (Ref. Ord. 592, 1102 and 11/7/00 Amendment)
D The additional tax levy shall take effect if approved by a majority of the votes cast
on that ballot question. °. , - . - . ;4:1 election arc in favor of its
adeptiefh
3. Creation of any new fees or increases in existing fee : .-- -_. : . -- : •- -...-
beyond the limits set forth in subsection 7.02.1, shall require voter approval as stipulated in
this subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes,recycling fees,
gas and electric franchise fees and any other fee that produces a tax burden or direct
financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152)
B. For the purposes of this subsection,the term "fees" does not include: Utility charges,
recycling fees,Parks and Recreation Department participation fees,charges for photo-
copying, sales of municipal liquor store products,or civil and criminal fines and other
charges collected in cases of restitution or violation of law or contract. The term "fees"
also does not include rental housing fees,building permit fees, liquor license fees,the
extension or transfer of cable television service authority to additional service providers
for which fees are already being charged,fees for the operation of junk yards,annual
license fees for the operation of pawn shops and other regulated business, and any other
charge for services,including health and safety related Code enforcement, and other
goods, services or materials routinely provided by the City to its citizens or other
members of the public which,by law,must be limited to the actual cost of the service
being provided. The term "fees" shall not include any special assessments made under
Minnesota Statutes Section 429. (Ref Ord 1152)
C. D—For the purposes of this subsection, "city" includes the city itself and all its
departments and agencies that are organized to exercise the "Powers of the City" as
defined in Chapter 1 of this Charter. "City" shall not include any body of government
owing its existence to separate constitutional or statutory authority outside of the
Charter,regardless of whether that other body of government has jurisdiction or
performs duties and services within the boundaries of the City. (Ref Ord 1152)
D. To establish a new fee or increase an existing fee as required by this subsection,the City
Council shall:
1) Adopt a resolution declaring the need for the new fee or increase in an existing
fee and the purposes for which the new fee is required.
2
Ordinance No._ Page 3
2) Hold a public hearing pursuant to three(3)weeks notice published in the official
newspaper of the City, setting forth the contents of the resolution.
3) After such public hearing, adopt a resolution by an affirmative vote of at least
four(4)members of the Council which shall be presented as a clear and concise
"plain language"ballot question at the next regular municipal election.
4) The new fee or increase in existing fee shall take effect if approved by a majority
of the votes cast on that ballot question.
.3.E.
4. For the purpose of addressing natural disasters this subsection does.not apply to any specific
emergency measure authorized in Chapter 7, Section .08 (7.08).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OR FRIDLEY THIS
DAY OF ,2010.
Scott J. Lund,Mayor
ATTEST:
Debra A. Skogen, city Clerk
Public Hearing:
First Reading:
Second Reading:
Publication:
3
FRIDLEY CITY CHARTER
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.01. GENERAL ELECTION LAWS TO APPLY.
Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration
of eligible voters and the conduct of primary and general elections shall apply for all municipal
elections of such officers as are specified in this Charter. The Council shall, through ordinances
duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary
regulations for the conduct of such elections. (Ref. Ord. 857)
Section 4.02. REGULAR MUNICIPAL ELECTIONS.
On the first Tuesday after the first Monday in November,municipal general elections shall be held,
at such place or places as the City Council may designate by resolution. General municipal
elections shall be held every even numbered year. The Council may divide the City into as many
voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one
(1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days'
notice shall be given by the City Clerk of the time and places of holding such election, and of the
officers to be elected, by posting a notice thereof in at least one (1) public place in each voting
precinct and by publishing a notice thereof at least once in the official newspaper of the City, but
failure to give such notice shall not invalidate such election. (Ref. Ord 1252)
Section 4.03. PRIMARY ELECTIONS.
On the first Tuesday after the second Monday in September there shall be a primary election for the
selection of two (2) nominees for each elective office at the regular municipal election, unless only
two (2)nominees file for each elective office. Primary municipal elections shall be held every even
numbered year, if necessary.
Section 4.04. SPECIAL ELECTIONS.
The Council may by resolution order a special election, fix the time of holding the same, and
provide all means for holding such special election, provided that three (3) weeks'published notice
shall be given of said special election. The procedure at such elections shall conform as nearly as
possible to that herein provided for other municipal elections. Special elections for vacancies in the
City Council shall be held in accordance with provisions of Section 2.06 (Ref. Ord. 1034)
Section 4.05. JUDGES OF ELECTION.
The Council shall at least twenty-five (25) days before each municipal election appoint two (2)
eligible voters for each voting precinct to be election judges and one (1) registered voter to be head
election judge; or as many election judges as may be determined by the Council. No person signing
or circulating a petition of nomination of candidate for election to office or any member of a
committee petitioning for a referendum or recall shall be eligible to serve as a judge of such
election. (Ref. Ord. 592, Ord. 873, 1230)
07/14/2008
Fridley City Charter Section 4.07
Section 4.06.NOMINATIONS BY PETITION.
The mode of nomination of all elective officers provided for by this Charter shall be by petition.
The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as
hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such
petition shall be signed by at least ten (10) registered voters qualified to vote for the office in
question. No elector shall sign more than one petition for any office for which there is an election.
Should such a case occur, the signature shall be void as to the petition or petitions last filed. All
nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes.
Each petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. (Ref.
Special Election 4/12/60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921,)
Section 4.07.NOMINATION PETITIONS.
The signatures to the nomination petition need not all be appended to one (1) paper, but to each
separate paper there shall be attached an affidavit of the circulator thereof stating the number of
signers of such paper and that each signature appended thereto was made in the circulator's
presence and is the genuine signature of the person whose name it purports to be. With each
signature shall be stated the place of residence of the signer, giving the street and number or other
description sufficient to identify the same. The nominee shall indicate by an endorsement upon the
petition acceptance of the office if elected thereto. The form of the nomination petition shall be
substantially as follows:
�-. NOMINATION PETITION
We, the undersigned, registered voters of the City of Fridley, hereby nominate , whose
residence is , for the office of , to be voted for at the election to be held on
the day of , ; and we individually certify that we are registered voters and
that we have not signed other nomination petitions of candidates for this office.
Name Street and Number
, being duly sworn, deposes and says, "I am the circulator of the foregoing petition
paper containing signatures and that the signatures appended thereto were made in my presence and
are the genuine signatures of the persons whose names they purport to be."
Subscribed and sworn to before me this day of ,
This petition, if found insufficient by the City Clerk, shall be returned to , at Number
Street.
I hereby indicate my willingness to accept the office of if duly elected thereto. (Ref.
Ord. 857).
07/14/2008
•
Fridley City Charter Section 4.08
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
n
If more than two candidates filed for office,the Council shall meet and canvass the primary election
returns within two (2) calendar days after any primary election. The two candidates for each office
who receive the highest number of votes shall be nominees for the office named. Their names shall
be certified by the city clerk to the county auditor who shall place them on the municipal general
election ballot without partisan designation. The Council shall meet and canvas the general
(regular) election or special election returns within seven (7) calendar days after any regular or
special election, shall make full declaration of the results, and file a statement thereof with the City
Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a) the
total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote
for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used;
(e) the names of the judges of election; and (f) such other information as may seem pertinent. The
City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons
elected shall take office at the time provided for by Section 3.01,upon taking, subscribing and filing
with the City Clerk the required oath of office. (Ref. Ord. 1252)
07/14/2008
FRIDLEY CITY CHARTER
CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL
Section 5.01.POWERS RESERVED BY THE PEOPLE.
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. (Ref. Ord. 857, 1142)
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. (Ref. Ord. 1252)
Section 5.03. FURTHER REGULATIONS.
1. 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 in 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 law as may be elsewhere
provided. (Ref. Ord. 625, 1142)
2. A petition under this Charter shall be filed in the office of the City Clerk as one (1)
instrument, which instrument shall contain any required documents (appropriate to the
petition), a copy of any ordinance proposed, covered or affected, and all the signature papers
and affidavits attached in support of the same. (Ref Ord 1142)
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)
07/14/2008
Fridley City Charter Section 5.05
4. The insufficiency or irregularity of a petition shall 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 election, or otherwise acting
favorably upon the same. (Ref. Ord. 625)
5. The Council may provide by ordinance such further regulations for the initiative,
referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord.
625)
6. 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. (Ref. Ord. 625)
INITIATIVE
Section 5.04. INITIATION OF MEASURES.
Any five (5)registered voters may form a committee for the initiation of any ordinance as provided
in Section 5.03.01. Before circulating any petition the committee shall 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 attach a verified copy of the proposed ordinance to each of the signature papers
herein described, along with their names and addresses as sponsors thereof. A verified copy of the
i"N proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance
on File. Fridley City Clerk: Date: ." (Ref. Ord. 857, 1142)
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%) of the total number of registered voters
as of January 1st of that year. Each signature paper shall 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.
07/14/2008
Fridley City Charter Section 5.07
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 (Please Print) Address (Please Print) Signature
1.
2.
3.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142)
Section 5.06. FILING OF PETITIONS AND ACTION THEREON.
Within five (5) 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%) of the total number of registered voters, as of January 1st of that year. 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) days in which to file additional signature papers and
to correct the petition in all other particulars. 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. (Ref. Ord.
625, 857, 1142)
4 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
K ita 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%)of the total number of registered voters,the Council
shall call a special election upon the measure. Such special election shall be held not less than fifty-
4 three a nor more than sixty days from the date of final action on the ordinance by the
Council or after the expiration of sixty-five (651 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
07/14/2008
Fridley City Charter Section 5.11
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. (Ref.
Ord. 857, 1142, 1252)
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 any such 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 same election but 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. (Ref. Ord. 625, 857)
Section 5.09. INITIATION OF CHARTER AMENDMENTS.
The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857,
914.)
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 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. (Ref Ord. 857, 1142)
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:
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Fridley City Charter Section 5.13.1
Name (Please Print) Address (Please Print)
1.
2.
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) Address (Please Print) Signature
1.
2.
3.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142)
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 Statutes.
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within five (5) 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 is at
least fifteen percent (15%) of the total number of registered voters, as of January 1St of that year. 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) days in which to file additional signature
papers and to correct the petition in all other particulars. 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. (Ref. Ord. 1252)
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 be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition; or
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Fridley City Charter Section 5.17
2. The petitioner's committee withdraws the petition; or
3. The council repeals the ordinance; or
4. Upon seven days after canvass of election is completed when a majority of those voting on
any such ordinance vote in favor of it. (Ref. Ord. 1252)
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, the
4 Council shall immediately order a special election to be held thereon,not less than 53 days nor more
4 than 60 days after such meeting, or submit the ordinance at the next regular municipal election.
(Ref. Ord. 1252)
Section 5.15. REFERENDUM BALLOTS.
The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of
this Charter for initiative ballots.
RECALL
Section. 5.16. THE RECALL
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-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 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 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 be a copy to which the city clerk shall affix the following words: "Proposed Recall
Statement on File. Fridley City Clerk(Attest): _ Date: . (Ref. Ord. 625, 857, 1142)
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%)
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Fridley City Charter Section 5.19
of the total number of registered voters of 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:
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 Address Signature
1.
2.
3.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142)
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) days, and if the City Clerk fmds it irregular, or finds that the number of signers is
less than twenty-five percent (25%) of the total number of registered voters of 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. 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. (Ref. Ord. 857, 1142)
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
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Fridley City Charter Section 5.22
■ 44tr for the holding of a special recall election not less than fifty-three (53 nor more than sixty(mays
after such meeting,but if any other election is to occur within sixty(60 ays after such meeting,the
Council may in its discretion provide for the holding of the recall election at that time. (Ref. Ord.
1252)
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. (Ref. Ord. 857, 1142)
Section 5.21. FORM OF RECALL BALLOT.
1. If the officer sought to be recalled resigns within ten (10) days after the receipt by the
Council of the completed recall petition, the Council shall 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) 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 shall be: "Shall be recalled?", the
name of the officer whose recall is sought being inserted in the blank, and those voting shall 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_"Yes"), the officer shall be promptly removed
from office. The Council shall 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 "No"), the officer shall continue in office with no further action
required. (Ref. Ord. 1252)
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. (Ref. Ord. 625, 1142)
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