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CHA 04/26/2010 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk Cindy Soule, Charter Commission Chair Date: April 20, 2010 CITY OF FRIDLEY Re: April 26, 2010 Charter Meeting The next Charter Commission meeting is scheduled for Monday, April 26, 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, April 26th, 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@ci.fridlev.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 be 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. I did prepare Chapter 7 as you amended it and included it in your agenda packet. Chapter 4 was recommended for approval to the City Council and the public hearing will be held on April 26th as well. I put together the changes needed for Chapter 5 of the Charter and have enclosed Chapter 2 at this time. I think we only need to amend Section 2.06.2 which actually sets the date of a special election. I'm working with Anoka County to try to get more clarification and will bring that information to you on Monday. Please let me know if you have any questions or concerns. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY APRIL 26, 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 March 22,2010 5. ADMINISTRATIVE MATTERS A. Oath of Office Ted,Ted and Noel 6. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7 See 2010 Holm Amendment 7. DISCUSSION OF CHAPTER 5 Proposed Ordinance Prepared by Staff 8. DISCUSSION OF CHAPTER 2 9. DISCUSSION OF FUTURE AGENDA ITEMS 10. ADJOURNMENT NEXT MEETING MONDAY, MAY 24, 2010, IN MEETING ROOM 1 IN THE LOWER LEVEL CONFERENCE ROOM CITY OF FRIDLEY CHARTER COMMISSION MEETING March 22,2010 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:02 p.m. ROLL CALL: Members Present: Commissioners Don Findell, Marion Flickinger,Carol Hoiby,Nancy Jorgenson,Rick Nelson,Pam Reynolds,Noel Ryan,Lois Scholzen and Cindy Soule Members Absent: Commissioners Peter Borman,Gary Braam,Bill Holm,Ted Kranz,Leslie Plummer and Keith Shaw Others Present: Deb Skogen,City Clerk and Cindy Ruschy Staff Liaison APPROVAL OF AGENDA Commissioner Jorgenson MOVED and Commissioner Hoiby seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds provided the names of the Commissions who made and seconded the motions approving the agenda and minutes to complete the minutes. Commissioner Reynolds asked if on page 3,paragraph 4,if it should be clarified to have the words"cast on the ballot question"added to the paragraph. Commissioner Findell felt that clarified it,so it was agreed the words would be added. Commissioner Reynolds MOVED and Commissioner Findell seconded a motion approving the Charter Commission meeting minutes of February 22,2010,as amended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Election of Officers Chairperson Soule reviewed the Nominations Committee report,provided to the Charter Commission in the February and March agenda packets,nominating Cindy Soule as Chairperson,Rick Nelson as Vice Chairperson and Carol Hoiby as Secretary for the year 2010 to 2011. She opened the floor for nominations. After three calls for nominations,Commissioner Jorgenson MOVED and Commissioner Reynolds seconded a motion closing the nominations. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Commissioner Findell MOVED and Commissioner Reynolds seconded a motion for a unanimous vote to elect the slate of candidates put forth by the Nominating Committee. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Draft CHARTER COMMISSION MEETING OF MARCH 22,2010 PAGE 2 B. Vote on By-Laws Amendment Chairperson Soule said she had requested an annual review of the by-laws. She said the by-laws reflected no secret votes but she remembered there was a time when there was a secret vote and thought the by-laws should be clarified for contested races. Commissioner Nelson MOVED and Commissioner Reynolds seconded a motion approving the amendment to the by-laws as proposed and provided in the February and March Charter Commission Agenda Packets. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 7 Commissioner Nelson asked much a 1%tax levy increase would be. Deb Skogen said she was not sure but would ask for that information for the next meeting. Commissioner Nelson felt the language adding an additional 2%to the CPI was not enough and would rather the language read up to 5%without the CPI,for three consecutive years,so the City Council could have the tools they needed to help recapture some of the monies lost from the cuts to Local Government Aid(LGA). Commissioner Hoiby said the City should move forward and get over their reliance on LGA,especially in light of the state being 25%short in the next biennium. She said there are some safeguards with the 2%. Commissioner Jorgenson said LGA was taken away and that was the reason the Springbrook Nature Center tax levy increase was sent to the voters. Commissioner Nelson felt they need to allow the City Council the tools to provide revenue due to the decreases in LGA. He said the City has been frugal,and has been limited by the Charter restrictions. Commissioner Findell said he had the same argument in 2000,that the City Manager and the elected officials should have the right to make decisions best for the City. Commissioner Jorgenson said if they were looking at all of the lost LGA, it could amount to about$7 million and was not sure the City should try to recapture that amount over three years,especially in light of the drop in home values and the average selling price of the homes in the area. She felt if the taxes were raised too high,the City might lose more homeowners unable to pay the taxes. Commissioner Nelson said he did not feel like waiting because the City is broke now and crime rates are up. He agreed there were people with limited incomes,but felt they should feel safe in their own neighborhoods walking down the street. He said right or wrong,the City needs the money now. There was a brief discussion about the housing market;and how home values are being affected because of the amount of foreclosures and short sales in the area. Commissioner Nelson said he was not suggesting recapturing all of the lost LGA,but to provide the ability for the City Council to recapture some of it. He felt the Commission had to step up and make the decision to provide the tools to the Council rather than having the Council take the heat because the City is crumbling around them. Commissioner Reynolds felt 2%was a reasonable increase. She said she realized it might not be enough but said she would guarantee if it was changed it would cause a petition to come forward. Commissioner Nelson said he did not care,that the City Council should be allowed to decide and if a petition was circulated,so be it. CHARTER COMMISSION MEETING OF MARCH 22,2010 PAGE 3 Commissioner Ryan said Commissioner Reynolds mentioned she had done a sampling and wondered who she had sampled. Commissioner Reynolds said she received information from the people who signed the petition and who responded to her web site. They felt 2%was enough. Commissioner Jorgenson said the City Council could decide to put a tax levy increase before the electorate. She did not think they should fix the problem of government for the past 5 to 6 years all at once. She felt they should put forth changes that the community would approve of. Commissioner Hoiby said the residents do not see all of the issues and are not looking at it like the City Council does. Commissioner Scholzen asked where the people could move to where taxes were better. Commissioner Flickinger said they do not understand that taxes are lower here. He said this issue should have been addressed four years ago as it could be seen at the state and federal levels then. He thought every city was in the same condition. He agreed with Commissioner Nelson and felt some how,some way they needed to loosen up. He said his neighborhood was going to heck and that there were foreclosures and rental properties that have cut down the trees. He said he didn't buy a house to look at Section 8 apartments. Commissioner Reynolds felt the Council could bring forth a tax levy increase over the amount to the voters if they needed to. Commissioner Jorgenson asked if they wanted a challenge or to provide some type of compromise. This got into a discussion of mistrust of government and politics. Commissioner Nelson said he was working with nine city councils and was painfully aware of the plights that go on in them,but felt the Commission should give the Council the tools they need. He understood the 2%,but felt it took two years for the City to acquire the money if they went to the voters rather than increasing it up to 5%. He felt if this Commission did not want to provide the 5%because they were worried that a petition would be circulated, everyone should sell their homes,as we will have no more safety and security do to cuts. Commissioner Jorgenson didn't think the City could continue to rely on LGA. She would like to see them do something instead of banging heads against citizens that do not want increases,and felt that was the reason for compromise. There was a brief discussion about LGA,the certified amounts and the actual amounts received for the past five years. Commissioner Soule felt the commission was not in complete agreement regarding section 7.02.1,but felt they were in agreement on 51%of the votes case on the question. She wondered if it would be of any value to put forth an ordinance with just that section. Commissioner Findell MOVED and Commissioner Jorgenson seconded a motion amending Section 7.02.2.0 to read,"Adopt a resolution after public hearing by an affirmative vote of at least four(4)members of the Council which resolution shall be presented to the electorate at the next regular municipal election as a clear and concise `plain language'ballot question. The additional tax levy shall take effect if approved by 51%of the votes cast on that ballot question." UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Commissioner Reynolds said she and Commissioner Holm had been discussing the amendment and she felt the original 7.02.3.C. should be left and not deleted,but that after discussing the issue further with Commissioner Holm, who had clarified the whole thing,she thought it might be okay without it. CHARTER COMMISSION MEETING OF MARCH 22,2010 PAGE 4 Commissioner Jorgenson felt the Commission should put forth all of the changes rather than send it in pieces. Commissioner Nelson asked Commissioner Reynolds if"this group"understood the city was going downhill and Commissioner Reynolds said they understood that the City was spending money. Commissioner Nelson said some of the$7 million the city has not spent or saved since 2006 is for fixtures that they still need to purchase,but still don't have money to purchase it with. Commissioner Reynolds said they understood and a discussion ensued about whether they cared or not and about other cities going to the legislature to create a local sales tax. Commissioner Jorgenson said it would be nice to have a toll booth for people who use our bridges,but we can't,but still felt a compromise was better then putting forth a change that didn't have a chance at all. Commissioner Ryan said there was a ricochet affect due to the cuts. She said her area used to be nice but now most of the town houses being sold were turning into rental units bringing other problems into the area. Commissioner Hoiby said she knew people were buying houses here for the lower taxes rather than buying in Minneapolis. Commissioner Jorgenson said she was hearing the same things and did not want to see it get any worse. She said the 2010 census will show that we are aging even more now. There was a brief discussion of TIF districts going back onto the tax rolls;but that they were in different school districts and that the Fridley schools did not receive the tax benefit. DISCUSSION OF CHAPTER 4-ELECTIONS Commissioner Nelson MOVED and Commissioner Findell seconded a motion removing Chapter 4 from the table. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Deb Skogen reviewed the changes to Chapter 4. She recommended changing the date of the primary from the first Tuesday after the second Monday in September to"on the date established by Minnesota State Law"rather than putting in the specific language of the new law,as it was very possible at some date in the future the Legislature may decide to move the Primary to June,as it has been discussed in the past. In addition,she said the new legislation required the City must canvas on the third calendar day after the Primary and between the third and 10th calendar day after the general to allow for the Absentee Ballot Board to complete their duties and the preparation of the canvas report. Commissioner Nelson MOVED and Commissioner Jorgenson seconded a motion approving the proposed changes to Chapter 4 by ordinance. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. Commissioner Nelson MOVED and Commissioner Jorgenson seconded a motion recommending that the City Council adopt the amendment by ordinance as approved by the Charter Commission pertaining to elections. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. CHARTER COMMISSION MEETING OF MARCH 22,2010 PAGE 5 DISCUSSION OF FUTURE AGENDA ITEMS Chairperson Soule said they would continue to discuss Chapter 7 and possibly Chapter 5 if the election legislation is complete. Commissioner Nelson provided some information to Deb Skogen on recycling which will be provided to the Commissioners in their April agenda packets. ADJOURNMENT: Commissioner Findell MOVED and Commissioner Jorgenson 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 8:35 P.M. Respectfully submitted, Debra A. Skogen, Carol Hoiby, Secretary City Clerk/Staff Liaison 2010 Amendment (C)(2) (Holm Amendment) n 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 to the City's finances. IT IS HEREBY ORDAINED THAT THE CHARTER BE AMENDED AS FOLLOWS: 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 a liedly 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, n provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed the lesser of 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 Minneapolis, St. 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 icy 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) The additional tax levy shall take effect if approved by 51%of the votes cast on that ballot question . . - - •. •, - . • 3. Creation of any new fees or increases in existing fees .- : . - -- . -:, : •- 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,rem, 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) Hold a public hearing pursuant to three (3)weeks notice published in the official 2 Ordinance No. Page 3 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 51%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 OF FRIDLEY THIS DAY OF , 2010. Scott J. Lund,Mayor ATTEST: Debra A. Skogen, city Clerk Public Hearing: First Reading: Second Reading: Publication: 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5. INTIATIVE, REFERENDUM AND RECALL OF THE FRIDLEY CITY CHARTER PERTAINING TO THE SCHEDULING OF ELECTIONS The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL INITATIVE 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, birth year, 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 proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: Section 5.05. FORM OF PETITION AND 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) Birth Year 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Address (Please Print) Birth Year 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. Ordinance No. Page 2 Section 5.07. ACTION OF THE COUNCIL ON PETITIONS When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen percent (15%) 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-six (56) fifty-three (53) nor more than seventy (70) sib-(60) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council,the ordinance need not be submitted to the electorate. REFERENDUM 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, birth year,and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) Birth Year 1. 2. 3. 4. 5. Ordinance No. Page 3 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 app_ roval or disapproval. Name (Please Print) Address (Please Print) Birth Year 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. 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 repeals 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 Council shall immediately order a special election to be held thereon, not less than fifty-six (56) 5-3 days nor more than seventy (70) 60 days after such meeting, or submit the ordinance at the next regular municipal election. 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, birth year, 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. Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters of 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: n Ordinance No. Page 4 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 (Please Print) Address (Please Print) Birth Year 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 (Please Print) Address (Please Print) Birth Year 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. Section 5.19. RECALL ELECTION If the petition or amended petition is found sufficient,the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than fifty-six (56) nor more than seventy (70) sib(60) days after such meeting, but if any other election is to occur within ninety-one (91) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: FRIDLEY CITY CHARTER CHAPTER 2. CITY COUNCIL ORGANIZATION Section 2.01. COUNCIL-MANAGER PLAN IMPLEMENTATION. 1. The form of government established by this Charter shall be known as the "Council- Manager Plan" pursuant to Minnesota Statutes. (Ref Ord. 1034) 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. (Ref. Ord. 1034) 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as otherwise provided by statute or by this Charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. (Ref Ord. 1034) 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. (Ref Ord. 1034) 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref Ord. 592, Ord. 1034) 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager,and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. (Ref. Ord. 1034) Section 2.02. ELECTIVE OFFICERS. 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters as defined by Section 1.04.1 of this Charter. (Ref. Ord. 1252) 2. The Mayor shall be elected at large in each United States presidential election year to a term of four(4) years. (Ref. Ord. 1034 n. 07/14/08 Fridley City Code Section 2.04 3. One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four(4)years. (Ref. Ord. 1034) 4. Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four(4)years each. (Ref Ord. 1034) 5. The term of Mayor and of each Councilmember shall begin on the first day of January following their election to office and shall end on December 31 of the last year of the term. The incumbent may remain in office until a successor has been duly qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. (Ref Ord. 1034) 6. The Council shall serve as the canvassing board for city elections. (Ref Ord. 1252) Section 2.03. THE MAYOR. 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Councilmembers to serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. (Ref. Ord. 1034) 2. The Mayor shall vote as a member of the Council. (Ref Ord. 1034) 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter,the ordinances of the City and the laws of the State. (Ref Ord. 1034) 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. (Ref Ord. 1034) 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. (Ref Ord. 1034) 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. (Ref Ord. 1034) Section 2.04. WARD COUNCILMEMBERS. 1. The City is divided into three (3) separate election Wards designated as Ward 1, Ward 2, and Ward 3. (Ref Ord. 1034) 07/14/08 Fridley City Code Section 2.06 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. (Ref. Ord. 1034) 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent(3%)from the average of the three(3)wards. (Ref. Ord. 1034) 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2). If further redistricting is necessary, as determined by the Council,the adoption of the new boundaries shall be prohibited during the time period from ninety (90) days before a primary election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apply. (Ref. Ord. 1034) Section 2.05. DISQUALIFICATION FOR APPOINTIVE OFFICE. No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. (Ref Ord. 1034) Section 2.06. VACANCIES IN THE COUNCIL. 1. A vacancy in the council shall be deemed to exist in case of the failure of any elected person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after their qualification; or by ceasing to be a resident of the city or the ward from which elected. In each such case, within thirty (30) days the council shall by resolution declare a vacancy to exist. (Ref. Ord. 1141) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Council shall call a special election to be held not less than th?rIy (30) days. nor more than sixty-five (65) days from the tine such vacancy is declared., The Council shall designate a period of eight(8)to twelve(12)consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref Ord. 1034) 07/14/08 Fridley City Code Section 2.07 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. 1034) 4 . If the vacancy is declared to occur in the fourth year of the term of office after filings for the office in question are closed, but before October 1, the Council shall appoint [within thirty (30) days of the vacancy declaration] by majority vote a qualified citizen who has not filed for any municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. 1034) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref Ord. 1034) 6. If the Mayor's position is declared vacant, the Councilmember-at-Large shall serve as Mayor until the vacancy is filled. (Ref. Ord. 1034) 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02 and 2.06.03 above to bring the membership of the Council up to five (5). (Ref Special Election 3/25/75, Ord. 776, Ord. 857, Ord. 1034) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref Ord. 1034) Section 2.07. SALARIES AND EXPENSES. The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual• amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. (Ref. Ord. 1034) 07/14/08 115A.551, 2009 Minnesota Statutes Page 1 of 3 2009 Minnesota Statutes 115A.551 RECYCLING. Subdivision 1. Definition. (a) For the purposes of this section, "recycling" means, in addition to the meaning given in section 115A.03, subdivision 25b, yard waste composting, and recycling that occurs through mechanical or hand separation of materials that are then delivered for reuse in their original form or for use in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. (b) For the purposes of this section, "total solid waste generation" means the total by weight of: (1) materials separated for recycling; (2) materials separated for yard waste composting; (3) mixed municipal solid waste plus yard waste, motor and vehicle fluids and filters, tires, lead acid batteries, and major appliances; and (4) residential waste materials that would be mixed municipal solid waste but for the fact that they are not collected as such. Subd. 2. County recycling goals. By December 31, 1993, each county outside of the metropolitan area will have as a goal to recycle a minimum of 25 percent by weight of total solid waste generation; and by December 31, 1993, each county within the metropolitan area will have as a goal to recycle a minimum of 35 percent by weight of total solid waste generation. Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal. Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county will have as a goal to recycle the following amounts: (1) for a county outside of the metropolitan area, 35 percent by weight of total solid waste generation; (2) for a metropolitan county, 50 percent by weight of total solid waste generation. Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal. (b) For a county that, by January 1, 1995, is implementing a solid waste reduction program that is approved by the commissioner, the commissioner shall apply up to three percentage points toward achievement of the recycling goals in this subdivision. In addition, the commissioner shall apply demonstrated waste reduction that exceeds three percent reduction toward achievement of the goals in this subdivision. https://www.revisor.mn.gov/statutes/?id=115A.551&year=2009 2/23/2010 115A.551, 2009 Minnesota Statutes Page 2 of 3 (c) No more than five percentage points may be applied toward achievement of the recycling goals in this subdivision for management of yard waste. The five percentage points must be applied as provided in this paragraph. The commissioner shall apply three percentage points for a county in which residents, by January 1, 1996, are provided with: (1) an ongoing comprehensive education program under which they are informed about how to manage yard waste and are notified of the prohibition in section 115A.931; and (2) the opportunity to drop off yard waste at specified sites or participate in curbside yard waste collection. The commissioner shall apply up to an additional two percentage points toward achievement of the recycling goals in this subdivision for additional activities approved by the commissioner that are likely to reduce the amount of yard waste generated and to increase the on-site composting of yard waste. Subd. 3. Interim goals; nonmetropolitan counties. The commissioner shall establish interim recycling goals for the nonmetropolitan counties to assist them in meeting the goals established in subdivision 2. Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner shall report to the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance on the progress of the counties by July 1 of each odd-numbered year. If the commissioner finds that a county is not progressing toward the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to develop and implement solid waste management techniques designed to assist the county in meeting the goals, such as organized collection, curbside collection of source-separated materials, and volume-based pricing. The progress report shall be included in the report required under section 115A.411. Subd. 5. Failure to meet goal. (a) A county failing to meet the interim goals in subdivision 3 shall, as a minimum: (1) notify county residents of the failure to achieve the goal and why the goal was not achieved; and (2) provide county residents with information on recycling programs offered by the county. (b) If, based on the recycling monitoring described in subdivision 4, the commissioner finds that a county will be unable to meet the recycling goals established in subdivisions 2 and 2a, the commissioner shall, after consideration of the reasons for the county's inability to meet the goals, recommend legislation for consideration by the senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance to establish mandatory recycling standards and to authorize the commissioner to mandate appropriate solid waste management techniques designed to meet the standards in those counties that are unable to meet the goals. Subd. 6. County solid waste plans. Each county shall include in its solid waste management plan described in section 115A.46, or its solid waste master plan described in section 473.803, a https://www.revisor.mn.gov/statutes/?id=115A.551&year=2009 2/23/2010 115A.551, 2009 Minnesota Statutes Page 3 of 3 recycling implementation strategy for meeting the recycling goal established in subdivision 2a along with mechanisms for providing financial incentives to solid waste generators to reduce the amount of waste generated and to separate recyclable materials from the waste stream. Subd. 7. Recycling implementation strategy. Each county shall submit to the commissioner for approval the recycling implementation strategy required in subdivision 6. The recycling implementation strategy must be submitted by October 31, 1995, and must: (1) be consistent with the approved county solid waste management plan; (2) identify the materials that are being and will be recycled in the county to meet the goals under this section and the parties responsible and methods for recycling the material; (3) provide a budget to ensure adequate funding for needed county and local programs and demonstrate an ongoing commitment to spending the money on recycling programs; and (4) include a schedule for implementing recycling activities needed to meet the goals in subdivision 2a. History: 1Sp1989 c 1 art 18 s 12; 1991 c 337 s 19-2]; 1992 c 593 art 1 s 14-16,54; 1993 c 249 s 13,14,61; 1994 c 639 art 5 s 3; 1995 c 247 art 1 s 14-17; art 2 s 15; 1996 c 470 s 27; 1999 c 73 s 4; 1Sp2005 c 1 art 2 s 161 ■•■ https://www.revisor.mn.gov/statutes/?id=115A.551&year=2009 2/23/2010 115A.552, 2009 Minnesota Statutes Page 1 of 1 2009 Minnesota Statutes 115A.552 OPPORTUNITY TO RECYCLE. Subdivision 1. County requirement. Counties shall ensure that residents, including residents of single and multifamily dwellings, have an opportunity to recycle. At least one recycling center shall be available in each county. Opportunity to recycle means availability of recycling and curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use. Counties shall also provide for the recycling of problem materials and major appliances. Counties shall assess the operation of existing and proposed recycling centers and shall give due consideration to those centers in ensuring the opportunity to recycle. To the extent practicable, the costs incurred by a county for collection, storage, transportation, and recycling of major appliances must be collected from persons who discard the major appliances. Subd. 2. Recycling opportunities. An opportunity to recycle must include: (1) a local recycling center in the county and sites for collecting recyclable materials that are located in areas convenient for persons to use them; (2) curbside pickup, centralized drop-off, or a local recycling center for at least four broad types of recyclable materials in cities with a population of 5,000 or more persons; and (3) monthly pickup of at least four broad types of recyclable materials in cities of the first and second class and cities with 5,000 or more population in the metropolitan area. r'.■ Subd. 3. Recycling information, education, and promotion. (a) Each county shall provide information on how, when, and where materials may be recycled, including a promotional program that publishes notices at least once every three months and encourages source separation of residential, commercial, industrial, and institutional materials. (b) The commissioner shall develop materials for counties to use in providing information on and promotion of recycling. (c) The commissioner shall provide technical assistance to counties to help counties implement recycling programs. Subd. 4. Nonresidential recycling. Each county shall encourage building owners and managers, business owners and managers, and collectors of commercial mixed municipal solid waste to provide appropriate recycling services and opportunities to generators of commercial, industrial, and institutional solid waste in the county. History: 1Sp1989 c 1 art 18 s 13; 1991 c 337 s 22-24; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161 https://www.revisor.mn.gov/statutes/?id=115A.552&year=2009 2/23/2010 115A.553, 2009 Minnesota Statutes Page 1 of 1 2009 Minnesota Statutes 115A.553 COLLECTION AND TRANSPORTATION OF RECYCLABLE MATERIALS. Subdivision 1. Collection centers and transportation required. Each county must ensure alone or in conjunction with other counties that materials separated for recycling are taken to markets for sale or to recyclable material processing centers. An action may not be taken by a county under this section to preclude a person generating or collecting solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice. Subd. 2. Licensing of recyclable materials collection. Counties may require county or municipal licenses for collection of recyclable materials. Subd. 3. Transportation systems. The commissioner of the Pollution Control Agency and the commissioner of transportation shall develop an efficient transportation system for recyclable materials to reach markets and processing centers that may be used by counties. The system may include regional collection centers. History: 1 Sp 1989 c 1 art 18 s 14; 1994 c 639 art 5 s 3; 1Sp2005 c 1 art 2 s 161 https://www.revisor.mn.gov/statutes/?id=115A.553&year=2009 2/23/2010 116F.01, 2009 Minnesota Statutes Page 1 of 1 2009 Minnesota Statutes ..--` 116F.01 STATEMENT OF POLICY. The legislature seeks to encourage both the reduction of the amount and type of material entering the solid waste stream and the reuse and recycling of materials. Solid waste represents discarded material and energy resources, and it also represents an economic burden to the people of the state. The recycling of solid waste materials is one alternative for the conservation of material and energy resources, but it is also in the public interest to reduce the amount of materials requiring recycling or disposal. The legislature also seeks to encourage the design and implementation of regional programs for materials conservation which take into account the variations in solid waste generation throughout the state. History: 1973 c 748 s 1 • r. https://www.revisor.mn.gov/statutes/?id=116F.01&year=2009 2/23/2010