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CHA 03/04/2013 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: February 27, 2013 CITY OF Re: March 4, 2013 Meeting FRIDLEY This is a reminder to you that the next Charter Commission meeting will be held on Monday, March 4 at 7:00 p.m. in Conference Room A of the upper level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail us before 10:00 a.m. Monday, March 4th, as to whether or not you plan on attending the meeting. Please remember to call or e-mail Cindy by Monday morning at (763)572-3524 or e -mail at Cindy.Ruschy (cr�fridleymn.gov 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. We will be holding the elections for the 2013-2014 Commission Officers. There will also be a discussion on meeting attendance guidelines. I have attached copies of the memo requesting a Public Hearing along with your recommendations for changes to Chapter 4 and 5. Staff will provide copies at the meeting of the League of MN Handbooks referencing statutory and home rule charters. Please call or e-mail me if you have questions. FRIDLEY CHARTER COMMISSION AGENDA MONDAY, March 4, 2013 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES February 4,2013 3. ADMINISTRATIVE MATTERS A. Election of Officers 2013—2014 B. Attendance Discussion C. Update Chapter 4& 5 4. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 5. OTHER BUSINESS 6 FUTURE MEETING TOPICS 7. ADJOURNMENT Next Regular Commission meeting April 1, 2013 Conference Room A - Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING FEBRUARY 4,2013 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Donald Findell, Marion Flickinger, Carol Hoiby, Rick Nelson, Barb Reiland,Lois Scholzen and Cindy Soule. Members Absent: Commissioner s William Holm,Nancy Jorgenson, Ted Kranz, Pam Reynolds and Keith Shaw. Others Present: Deb Skogen,City Clerk/Staff Liaison and Cindy Ruschy Staff Liaison. APPROVAL OF AGENDA Commissioner Nelson MOVED and Commissioner Reiland seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Hoiby MOVED and Commissioner, Flickinger seconded a motion approving the Charter Commission meeting minutes of January 7, 2013. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Report of the Nominating Committee The Nominating Committee recommended the following nominations for the 2013-2014 Officers: Rick Nelson, Chairperson, Marion Flickinger,Vice Chairperson Donald Findell, Secretary. Commission Soule MOVED and Commissioner Hoiby seconded a motion to accept the Nomination Committees report and to hold election of officers at the March 4th meeting. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. Ms. Skogen will prepare the report and mail a copy of the report to the Charter Commission members at least 30 days in advance of the next meeting. Adopted March 4,2013 CHARTER COMMISSION MEETING OF FEBRUARY 4,2013 PAGE 2 B. Commission Vacancy Deb Skogen will place an advertisement in the Fridley Focus and a notice on the City's web page requesting applications for Commissioner's vacancy. DISCUSSION OF CHAPTER 5 Commissioner Borman asked what all the discussion was. He was curious why Commissioner Reynolds did not like the different percentages. Commissioner Nelson said while she agreed the percentages should be the same, she felt that rather than increasing the percentage in initiative from 10 to 15% so it was the same as the referendum rather than decreasing the referendum percentage so it was the same as initiative. And then there was discussion about special elections rather than waiting for regular elections. Commissioner Borman said that was the discussion in November and the Commissioners agreed. Ms. Skogen said they were also changing the language from the number of registered voters on January 1st to the number of votes cast at the last state general election. She said the number of registered voters on any given day the State Voter Registration System(SVRS)can be different and you have to remember to print that report on January 1st. However,the number of votes cast at the last state general election will always be the same and easier to understand. This would also be consistent with state law pertaining to the Charter and it would be the same for both processes. All of the commissioners appear to be in agreement on this change. Commissioner Findell asked what the numbers would be with the change. Ms. Skogen said that 15%of the total votes cast at the election would be the same number as 10%of the registered voters on January 1st. The Commissioners felt the process should be serious and not easy to obtain and frivolous. Commissioner Braam said the Commission has been discussing this Chapter for over a year and asked how they wanted to proceed. Ms. Skogen said the only sections that needed review because of the confusion with election laws were Sections 5.07, 5.14 and 5.19. Commissioner Findell asked what the process would be after the amendment was approved. Ms. Skogen said it would go to council in ordinance format to schedule a public hearing. The public hearing must be held at least two weeks but no more than one month after the notice is published. She said once the amendment was approved, she would put it into ordinance format submit a memo providing background and the ordinance to council for their review notifying them of the date the public hearing will be held. Commissioner Braam wondered if the Council had received any information. Ms. Skogen stated staff has kept the city manager informed of the discussions. In Section 5.07,Ms. Skogen stated the seventeen weeks came from the changes made to state law for placing a charter amendment on the ballot. Her idea was to keep things consistent, but that for code changes it was not a requirement. Adopted March 4,2013 CHARTER COMMISSION MEETING OF FEBRUARY 4,2013 PAGE 3 Commissioner Findell wondered about the "within" the seventeen weeks and wondered if"at least" would be better language. There was further discussion the language in Section 5.07 should read, "... is to occur not less than seventeen weeks,the Council may..." The Commissioners concurred with the language. Ms. Skogen said during an even year with a state primary and state general election, a special election cannot be held from the date of the primary to 40 days after the general election(in December). If you are going to put something on a ballot, it would have to be put on the general election ballot. The original amendment was on a referendum, if a special election were "to occur within seventeen weeks after the final action." After further discussion by the Commission,the language to Section 5.14 was amended to read , "if the election is to occur not less than seventeen weeks. Commissioner Findell asked if the issue of not having special elections was due to the changes in state law and the inability to hold an special election during that time. Ms. Skogen said in Section 5.07 where it addresses 25%of the total votes cast,the discussion of the Commission was if you received a petition signed by 25%of the votes cast, it is most likely a serious issue and the question was, should you be able to have a special election. The discussion was to keep the special election, understanding the time constraints of election law. Commissioner Nelson said if a petition was received with the 15%capacity,the question would wait until the next regular municipal election. However, with the 25%capacity,the question could go to the general election if it was received in enough time or a special election could be called. Commissioner Soule she had been part of all of the discussions but was wondering if there might be a better way to amend the language. Commissioner Hoiby said the individuals would refer to this section when preparing a petition. Commissioner Braam wondered if there should be different language for odd/even years. Commissioner Findell felt the language would work. Commissioner Nelson said a petition could be received in the winter of an even year which would dictate a special election. Ms. Skogen said it would all depend on when the petition was received. If a petition is received in January you may have a special election,but if the petition isn't received until April or May, council may want to wait for the general election rather than having a special election before the primary election. Commissioner Findell asked how long petitioners had to circulate a petition before it was submitted. Ms. Skogen said they can take as much time as they want to circulate the petition. However, once it is received and verified it then goes to council for their action. To have it placed on the general election ballot,you really should have a petition turned in by July 1st so that action can be taken by the council and have enough time to provide notice to the county auditor. Adopted March 4,2013 CHARTER COMMISSION MEETING OF FEBRUARY 4,2013 PAGE 4 Commissioner Braam changed the discussion to address Section 5.19. The Commissioners amended the language to read, "...if the election is to occur not less than seventeen weeks after such meeting..." so it was consistent with Sections 5.07 and 5.14. Commissioner Soule said Sections 5.14 and 5.19 have a preposition after the words seventeen weeks. But in Section 5.07,there is no preposition and felt it was a little confusion. Commissioner Reiland said in Section 5.14 the words "after final action"were removed. Commissioner Soule felt the seventeen weeks was just kind of dangling in Sections 5.07 and 5.14. She didn't feel it made sense and was uncomfortable, but she wasn't quite sure how to remedy it. Ms. Skogen suggested, "unless prohibited by MN election law but not less than seventeen weeks if a regular municipal election is to occur,the council may...",to just switch the language. After further discussion Commissioner Nelson said it would really change the context of the language by changing it from within to not less than. If you are close to the election Ms. Skogen said they could just remove the seventeen weeks, as the seventeen weeks is a requirement to change a charter amendment. She said the regular election law says that the county auditor must be notified at least 74 days before the general election if there is going to be a question or council race on the ballot(which is mid-August. If you know that you need to provide notice to the County Auditor at least 74 days before the election,you would need to add additional time to allow the Council to have the issue and declare the election. In that case you would want council action to be complete at the last meeting in July or the first meeting in August. Commissioner Nelson MOVED and Commissioner Reiland seconded a motion amending Section 5.07 to read as follows: "....but if the number of signers of the petition is equal to at least twenty-five percent (25%)of the total votes cast at the last state general election in the City and submitted by July 1st,the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st,the Council shall call a special election upon the measure. Such special election shall be held subject to Minnesota Election Laws." with the rest of the language following stricken. The Commissioners discussed removing the different dates and agreed it would be much easier to remove the dates and allow a special election to be held based on Minnesota Election Law. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Commissioner Nelson MOVED and Commissioner Borman seconded a motion amending Section 5.14 to read as follows: "If the Council votes to reaffirm the ordinance by August 1st of an even year,the questions shall be placed on the next regular municipal election ballot. If received after August 1st,the Council shall call a special election to be held subject to Minnesota Election Law. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Adopted March 4,2013 CHARTER COMMISSION MEETING OF FEBRUARY 4,2013 PAGE 5 Commissioner Nelson MOVED and Commissioner Hoiby seconded a motion amending Section 5.19 to read as follows: "The Council shall at its next meeting,by resolution, provide for the holding of a special recall election subject to Minnesota Election Law." UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED Commissioner Nelson MOVED and Commissioner Borman seconded a motion approving the amendments and authorizing the City Clerk to put the amendments into ordinance format and forward to the City Council for the public hearing. UPON A VOICE VOTE, WITH SOULE VOTING NAY, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. FUTURE MEETING TOPICS Attendance will be discussed at the next meeting. ADJOURNMENT: Commissioner Borman MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:36 P.M. Respectfully submitted, Debra A. Skogen, Commissioner Peter Borman, Secretary City Clerk/Staff Liaison Adopted March 4,2013 February 4, 2013 Charter Commission Nominating Committee Report The Nominating Committee met and offers the following nominations to serve as the 2013-2014 Charter Commission Officers: Chair Rick Nelson Vice Chair Marion Flickinger Secretary Don Findell All three members have agreed to serve if elected. 2011 Attendance Record Jan Feb Mar Apr May Sept Oct Nov Peter Borman C/P C/P C/P C/P C/N Gary Braam C/P C/P C/P C/P P Donald Findell C P P A A P Marion Flickinger A P C/N C/P C/P P Carol Hoiby N C/P C/P C/N A C/P William Holm C C/P C/N C/N P C/N Nancy Jorgenson E C/P C/P C/N P A Ted Kranz L A C/P C/P P P Rick Nelson L C/P C/P C/P C/P C/P Leslie Plummer E A A A A A Pam Reynolds D C/N C/N C/P P C/N Noel Ryan C/P C/P C/P C/P C/P Lois Scholzen C/P C/P C/P C/P C/P Keith Shaw C/N C/N C/P C/P C/N Cynthia Soule C/P C/P C/P C/P A C/P—Called and Attended Meeting C/N—Called unable to attend P-No call, but attended meeting A-No call and did not attend meeting 2012 Attendance Record Jan 9 Feb Mar Apr May Oct Oct Peter Borman C/P C/P C/P C/P C/P Gary Braam C/P C C/P C/P C/N C/P C Donald Findell A A P A A A A Marion Flickinger C/N N C/P C/P C/N C/P N Carol Hoiby C/P C C/P C/P C/P C/P C William Holm C/P E C/P C/P C/P C/P E Nancy Jorgenson C/N L C/N A A C/P L Ted Kranz C/N L C/N C/P C/P C/P L Rick Nelson C/P E C/N C/P C/P P E Barb Reiland P D C/N C/P C/P C/P D Pam Reynolds C/P C/P C/N C/N C/P Noel Ryan C/P C/P C/N C/P C/N Lois Scholzen C/P C/P C/P C/P C/P Keith Shaw C/N C/N Cynthia Soule C/N C/P C/P C/P C/P C/P—Called and Attended Meeting C/N—Called unable to attend P-No call, but attended meeting A-No call and did not attend meeting 2013 Attendance Record Jan 7 Feb 4 Sep 9 Oct 7 Nov 4 Peter Borman c/n c/p Gary Braam c/p c/p Donald Findell A c/p Marion Flickinger c/p c/p Carol Hoiby c/p c/p William Holm c/p c/n Nancy Jorgenson A A Ted Kranz(notified of A A absence while in Texas) Rick Nelson c/p c/p Barb Reiland c/n c/p Pam Reynolds c/p A Vacancy Lois Scholzen c/p c/p Keith Shaw c/n c/n Cynthia Soule c/p c/p C/P—Called and Attended Meeting C/N—Called unable to attend P-No call, but attended meeting A-No call and did not attend meeting r W AGENDA ITEM CITY COUNCIL MEETING OF FC p°F February 25, 2013 To: Darin R. Nelson, Interim City Manager From: Debra A. Skogen, City Clerk Date: February 21, 2013 Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 5. Initiative Referendum and Recall, and Directing Publication of Public Hearing Notice The 2010 Legislative Session made many changes to the Minnesota Election Laws. Over the past two years, the Charter Commission has discussed, reviewed and recommended amendments to Chapter 5 to make it more consistent with state law and to address the issue of special elections. Their recommendations are set forth below: Recommended Amendments - Chapter 5. Initiative,Referendum and Recall INITIATIVE Section 5.03 - clarifies how to circulate a petition, the requirements of the circulator, and information about when signatures would not be counted if the petition is not correctly notarized. Section 5.05 - increases the percentage from 10%to 15% (so it is the same number needed as the referendum process) and changes the terminology from the number of registered voters to the total votes cast at the last state general election in the City, and adds the birth year to the required information needed on a petition. To create consistency between a charter petition and initiative, referendum and recall petitions,the terminology of votes cast at the last state general election is consistent in state law and in the charter. This is also a number that does not change over time, and a number that can easily be referred to on any given day. The biggest discussion of the Charter Commission was changing the percentage of signatures needed. After a lot of discussion, the Commissioners determined that the numbers would be about the same and would not really change. Section 5.06 creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition and initiative referendum or recall petitions. In addition, it would change the terminology from the number of registered voters to total votes cast, as in the Section 5.05 above. 1 Section 5.07 - increases the threshold from 15%to 25%that would send the measure to the voters at the next regular municipal election with a specific timeline of July 1st, and if after July 1st to send the measure to a special election subject to Minnesota Election Laws, if the Council did not affirm the initiative. Section 5.08 -this change only breaks up a long sentence and really does not change anything. REFERENDUM Section 5.10 - again changes the terminology from number of registered voters to votes cast at the last state general election in the City. Section 5.11 - adds the birth year to the petition so it is consistent with Chapter 4 and Section 5.03 above. Section 5.12 - creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition or initiative referendum or recall petitions. In addition, it would change the terminology from number of registered voters to total votes cast, as in several sections above. Section 5.14 removes the number of specific days needed for calling a special election to making it subject to Minnesota Election Law for special elections. It also addresses a timeline of August 1st of an even year to allow the question to be placed on the general election ballot and the ability to call for a special election if petition received after August 1st of an even year if the City Council reaffirms the ordinance. RECALL Section 5.17 - changes the terminology from number of registered voters to total votes cast, as in several sections above and adds birth year to the petition for consistency. Section 5.18. - again creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition and initiative referendum or recall petitions. In addition, it would change the terminology from the number of registered voters to votes cast as stated above. Section 5.19 - again creates consistencies by removing specific timelines calling for the recall and subjecting this section to Minnesota Election Law. Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 5. Initiative, Referendum, and Recall and Directing Publication of Public Hearing Notice. 2 RESOLUTION NO. 2013 - A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL AND DIRECTING PUBLICATION OF PUBLIC HEARING NOTICE. WHEREAS, the Charter Commission has been reviewing Chapter 5. Initiative, Referendum and Recall of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the Charter is consistent with Minnesota Election law; and WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the Charter Commission, the City Council may enact a charter amendment by ordinances; and WHEREAS, within one month of receiving a recommendation to amend the charter by ordinance,the City must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment; and WHEREAS the City Council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby schedules the public hearing on an ordinance amending Chapter 5 of the City Charter on March 25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue NE, Fridley, Minnesota; and BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks prior to the public hearing, as shown in Attachment 1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY 2013. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 3 Attachment 1 City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: Ordinance No. AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER,CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended by ordinance upon recommendation of the Charter Commission; and WHEREAS, after review, examination and recommendation by the Fridley Charter Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section 1: That Section 5.03 be hereby amended as follows: Section 5.03. FURTHER REGULATIONS 3. • . . ., . . .. . .. . - - void of effect. (Ref. Ord. 625, 857, 1112) A petition may be circulated only by a registered voter of the City. A petition may be signed by any registered voter of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (J) that each signature was signed in the circulator's presence; c2) the signature is from the person who signed the petition in front of the circulator; (3) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void,the signatures on that paper shall not be used in the calculation of signatures needed to fulfill the petition requirement. Section 2: That Section 5.05 be hereby amended as follows: INITIATIVE Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten percent (10%) fifteen percent (15%) of the total •• - - _ - - - •• •••• - , .. votes cast at the last state general election in the City. Each signature paper shall be in substantially the following form: 4 Attachment 1 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. 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) Birth Year Address (Please Print) Signature 1. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 3: That Section 5.06 be hereby amended as follows: Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five (5)ten(10) days after the filing of the completed petition,the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten percent (10%) fifteen percent (15%) of the total number of registered voters, as of January 1st of votes cast at the last state general election in the City. If the City Clerk fmds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty (30)ten(10) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. Section 4: That Section 5.07 be hereby amended as follows: Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen percent (15%) twenty-five percent (25%) of the total n er-ef °gisterea • oters, votes cast at the last state general election in the City and submitted by July 1st, the question shall be placed on the next regular municipal election ballot. If it is submitted after July 5 Attachment 1 1st, the Council shall call a special election upon the measure _ . •., - - -- the electorate. subject to Minnesota Election Law. Section 5: That Section 5.08 be hereby amended as follows: Section 5.08 INITIATIVE BALLOTS The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on such an ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election1 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. Section 6: That Section 5.10 be hereby amended as follows: REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total number of registered voters as of January 1st of that year votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors,the ordinance shall thereby be prevented from going into operation. Section 7: That Section 5.11 be hereby amended as follows: Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. 6 Attachment 1 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) Birth Year Address (Please Print) Signature 1. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 8: That Section 5.12 be hereby amended as follows: Section 5.12. FILING OF REFERENDUM PETITIONS 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within five (5) ten (10) days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent(15%) of the total .. . . : . - , : :. •., St of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once forthwith notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given thirty-90)ten (10) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have five (5)days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. Section 9: That Section 5.14 be hereby amended as follows: Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient,the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance by August 1st of an even year, the question shall be placed on the next regular municipal election ballot. If approved after August 1st of an even year,the Council shall immediately order a special election to be held : •, .. - . .. . . . _ -- :, - • . • . • .. - . • • - _ - - .. = - - subject to Minnesota Election Law. Section 10: That Section 5.17 be hereby amended as follows: Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total - ..-• :- : _ - • . - : votes cast in the last state general election in the Ward or City represented by the office holder as of January 1st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: 7 Attachment 1 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 re_call election for that purpose. Name (Please Print) Birth Year Address (Please Print) Signature 1. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 11: That Section 5.18 be hereby amended as follows: Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next five (5) ten (10) days, and if the City Clerk finds it irregular, or fords that the number of signers is less than twenty-five percent (25%) of the total - ..•- :- : . - : votes cast in the last state general election in the Ward or City represented by the office holder ac of Tams.,.... of that year, the City Clerk shall so notify one (1) or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. Section 12: That Section 5.19 be hereby amended as follows: Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient,the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than fifty three (53) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such time subject to Minnesota Election Law. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Tuesday, March 20, 2013. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk (Published: March 7, 2013 in the Fridley SunFocus) 8