Notice of Public Hearing - Ordinance No. 1435 Amending City Charter
Published on October 21, 2025
Public Hearing Notice Before the City Council on Proposed Amendment to Fridley City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Civic Campus, 7071 University Avenue NE, Fridley, Minnesota, on November 10, 2025 at 7:00 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter:
Ordinance No. 1435
Amending the Initiative, Referendum and Recall Chapter of the Fridley City Charter
The Fridley City Charter Commission has completed its review of the Fridley City Charter Chapter 5 and has recommended an amendment of the City Charter by Ordinance to the City Council on October 6, 2025. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be hereby amended and the City of Fridley does ordain:
Fridley City Charter
Chapter 5. Initiative, Referendum and Recall
Section 5.01 Definitions
Circulator: a person who presents a petition to others for signature.
City Charter, Charter: The City of Fridley’s (City) local constitution.
Committee: A group of at least five registered voters who sponsor a proposed initiative.
Electorate: All people in the City who are entitled to vote in an election.
Initiative: A proposed law or Charter amendment to be placed before the Electorate during a special or General Election.
Malfeasance: An illegal act by an elected official performed in their official capacity.
Nonfeasance: Neglect or refusal to perform official duties.
Ordinance: City law enacted by the Fridley City Council (Council).
Petitioner: a person who initiates a petition.
Recall: A proposed initiative that seeks to remove any elected Councilmember of the City.
Referendum: A proposed initiative that seeks to prevent an existing law or Charter amendment from taking effect.
Registered Voter: An eligible voter who complies with voting registration procedures and requirements as established by State law.
Section 5.01. 5.02 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.)
In accordance with the provisions of the Charter, the people of the City reserve the power to:
- Initiate a petition to adopt an ordinance (except an ordinance appropriating money or authorizing the levy of taxes) to be voted on by the electorate;
- Require an ordinance when passed by the Council to be referred (referendum) to the electorate for approval or disapproval; and
- Recall any elected Councilmember and remove such Councilmember from office by a vote of the electorate of the City.
A petition for an initiative, referendum or recall may be submitted, signed and circulated upon the grounds authorized by State law and the Constitution of the State of Minnesota.
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.
Section 5.03 Initiative, Referendum and Recall Further Regulations
1. No rewards, monetary or otherwise, may be accepted by:
- Any person who is a member of an initiative, referendum or recall committee;
- Any person who circulates a petition for initiative, referendum or recall; or
- Any person who signs a petition for initiative, referendum or recall.
2. Committees for an initiative, referendum or recall may pay for legal advice and incur related committee expenses not to exceed $1,000. A sworn statement substantiating such expenses must be turned over to the City Clerk within five business days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section must be reported by the City Clerk to the proper authorities pursuant to State law.
1.3. 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 infor 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 State law as may be elsewhere provided.
2.4. A petition under this Charter shallfor an initiative, referendum or recall must be filed in with the office of the City Clerk as one (1) instrument, which instrument shall and contain any all required documents (appropriate to the petition), a copy of any ordinance proposed, covered or affected, and all the supporting signature papers and affidavits attached in support of the same.
3.5. A petition shall for an initiative, referendum or recall must be circulated by a registered voter of the City. A valid petition shall may only be signed by registered voters of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall must be certified as the circulator of the petition by an attached notarized affidavit which states:
(1) that the circulator has signed the petition;(2) that each signature was signed in the circulator's presence;(3) the signature is from the person who signed the petition in front of the circulator; and(4) that each signer affirmed they were a registered voter at the residence stated thereonindicated on the petition.
Any signature paperpetition lacking the notarized affidavit shall beis void. If voidvoided, the signatures on that paper shall may not be used in the calculation of the signatures needed to fulfill the petition requirement.
4.6. The insufficiency or irregularity of a petition shall may 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 electionspecial or General Election, or otherwise acting favorably upon the same.
5.7. The Council may provide by ordinance such any further regulations for the an initiative, referendum, and or recall not inconsistent with this Charter as it deems necessary.
6.8. 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. If the City Clerk finds that any documented information or signature on any petition for an initiative, referendum or recall has been falsely attested to, the City Clerk must promptly forward such information to the proper authorities pursuant to State law.
9. The City Clerk must provide to a committee member circulating a petition for an initiative, referendum or recall, written instructions delineating the correct and proper procedure for circulating the petition.
INITIATIVE
Section 5.04 Initiation of MeasuresInitiative Petitions
Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.015.02. Before circulating any petition the committee shall must 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 must attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereofof the petition. 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:_____" A verified copy of the initiative must be a copy to which the City Clerk has affixed the words: “Proposed Ordinance on File. Fridley City Clerk _____, Date _____.”
Section 5.05 Form of Initiative Petitions and of Signature Papers
The completed petition for the adoption of any ordinance not yet in effect, shall must consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be Petitions are not complete unless signed by at least fifteen percent (15%) of the total number of votes cast at in the last state general electionPresidential Election in the City. Each signature paper shall page must 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:
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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.
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At the end of each group of signatures papers shall be appendedmust be the affidavit of the circulator mentioned detailed in Section 5.03.03.
Section 5.06 Filing of Initiative Petitions and Action Thereon
Within ten (10) business days after the filing of the completed petition, the City Clerk shall ascertain by examination will determine if the number of signatures appended theretosubmitted and whether this number is at least fifteen percent (15%) of the total number of votes cast at the last state general election Presidential Election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall must at once notify one (1) or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee shall will then be given ten (10) business days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The calculation of the ten business days begins on the date the letter is postmarkedreceived by the City Clerk. The City Clerk shall havehas five (5) business 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 must be filed in the City Clerk's office with the City Clerk and no further action shall will be taken. The City Clerk shall must notify one (1) or more members of the petition committee of that fact.
Section 5.07 Action of the Council on Sufficient Initiative Petitions
A. Completed Petition With Signatures Under 25%
When the completed petition is found to be sufficient, with the number of signers of the petition not less than fifteen percent (15%) and less than twenty-five percent (25%) of the total votes cast at the last state general election, 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. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. 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 a majority of the petition committee, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election.
B. Completed Petition With Signatures of 25% or More
When the completed petition is found to be sufficient with the number of signers of the petition equal to at least twenty-five percent (25%) or more of the total votes cast at the last state general election, 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. The Council shall at once read the ordinance and shall thereupon provide for a public hearing upon the ordinance. After holding the public hearing, 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 passes the ordinance as submitted, the ordinance shall become effective and need not be submitted to the electorate. If the Council fails to pass the proposed ordinance or passes it in a form different from that set forth in the petition, the Council shall call for an election and place the question on the ballot. If the petition is submitted by July 1st of an even year, the question shall be placed on the next regular municipal election ballot. If the petition is submitted after July 1st of an even year or during an odd year, the Council shall call for a special election subject to Minnesota Election Law.
1. Generally. When the completed petition is found to be sufficient the City Clerk must transmit the initiative petition to the Council at its next meeting. The notification to the Council must include the number of petitioners and the percentage of the total number of votes cast in the previous Presidential Election. The Council must read the ordinance and call for a public hearing regarding the ordinance. After holding the public hearing, the ordinance must be finally acted upon by the Council no later than 65 calendar days after it was submitted to the Council by the City Clerk. If the Council passes the ordinance as submitted the ordinance becomes effective.
2. Signatures between 5-15%. If the Initiative Petition was submitted with the number of signatures between 5-15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition, the committee-proposed ordinance must be submitted by the Council to the electorate at the next municipal election.
3. Signatures greater than 15%. If the Initiative Petition was submitted with the number of signatures greater than 15% of the total number of votes cast in the previous Presidential Election and the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition before July 1 of an even year the committee-proposed ordinance must be placed on the next regular municipal election ballot. If the Council fails to pass the ordinance or passes it in a form different from that set forth in the petition after July 1 of an odd year the Council must call for a special election subject to State law.
Section 5.08 Initiative Ballots
The ballots used when voting upon such proposed ordinance shall must state the substance of the ordinance and shall must 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 will become an ordinance of the City. Any number of proposed ordinances may be voted upon at in the same election.; but the voter shall be allowed to vote for or against each separately. If there is more than one proposed ordinance on the ballot in the same election, a voter must be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances to be approved by the voterselectorate, the ordinances shall will not go into effect until the City Council has had sixty (60) calendar days to resolve the inconsistencies.
Section 5.09 Initiation of Charter Amendments
The ways toProcedures to initiate amendments to this Charter are set forth in Minnesota StatutesState law.
REFERENDUM
Section 5.10 The Referendum Petitions
If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%) of the total 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.
An ordinance will be void if prior to the effective date of the ordinance, 5% of the total votes cast at the last Presidential Election file a petition to request it be repealed or be submitted to a vote of the electorate.
Section 5.11 Form of 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 must 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 must 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 must be a copy to which the city clerkCity Clerk has affixed the words: “Proposed Ordinance on File. Fridley City Clerk _____, Date _____.” A referendum petition shall must 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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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.
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At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03.Each signature page must have the affidavit of the circulator attached.
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 StatutesState law.
2. Referendum Petition Proposing Repeal of an Ordinance
Within ten (10) business days after the filing of the completed referendum petition, the City Clerk shall must ascertain by examination the number of signatures appended thereto and whether this the number is at least fifteen percent (15%) of the total number of votes cast at the last state general electionPresidential Election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall must at once notify one (1) or more members of the petition committee of that fact, stating the reasons for the insufficiency or irregularity. The committee will have shall then be given ten (10) business days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The calculation of the ten business days begins on the date the letter is postmarkedreceived by the City Clerk. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall must be filed in the City Clerk’s office, no further action shall will be taken, and the ordinance will becomebecomes effective immediately or on the date specified. The City Clerk shall must notify one (1) or more members of the petition committee of that fact.
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 will be suspended from taking effect. Such suspension shall terminates when:
1. There is a final determination of insufficiency of the petition; or
2. The petitioner’s committee withdraws the petition; or
3. The council Council repeals the ordinance; or
4. Upon seven business days after canvass of election is completed when a majority of those voting on any such ordinance vote in favor of it.
Section 5.14 Action of the Council on Sufficient Referendum Petitions
If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall must transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereuponmust 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 before August 1st of an even year, the question shall must be placed on the next regular municipal election ballot. If approved after the Council votes to reaffirm the ordinance after August 1st of an even year, the Council shall must immediately order a special election to be held subject to Minnesota Election LawState law.
Section 5.15 Referendum Ballots
The ballots used in any referendum election shall must conform to the rules laid down in Section 5.08 of this Charter for initiative ballots.
RECALL
Section 5.16 The Recall Petitions
Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer Councilmember of the City as provided in Section 5.03.01.
Before circulating any petition, the committee shall must file with the City Clerk a copy of a statement naming the elected officer Councilmember whose removal is sought, a statement of the grounds for removal in less thannot more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said the circulating committee. The statement of grounds for removal of the elected officer Councilmember must identify malfeasance or nonfeasance of conduct in the officer's Councilmember’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 must 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 must be a copy to which the city clerk shallCity Clerk must affix the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): ______ Date:_____.
Section 5.17 Form of Recall Petitions
The petition for the recall ofRecall petitions for any elected official shall must consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petitions shall not be considered to be are not complete unless signed by at least twenty five percent (25%) of the total number of votes cast in the last state general election Presidential Election in the Ward or City represented by the office holder. Each signature paper shall must 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:
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The undersigned registered voters, understanding the nature of the charges against the officer Councilmember herein sought to be recalled, desire the holding of a recall election for that purpose.
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At the end of each group of signatures papers shall must be appended attached the affidavit of the circulator mentioned in Section 5.03.03.
Section 5.18 Filing of Recall Petitions
Within thirty (30) business days after the filing of the original proposed petition, the committee shall must file the completed petition in the Office ofwith the City Clerk. The City Clerk shall must examine the petition within the next ten (10) business days., and if If the City Clerk finds it the petition irregular, or finds that the number of signers is less than twenty‑five percent (25%) of the total number of votes cast at the last state general electionPresidential Election in the Ward or City represented by the office holder, the City Clerk shall must at once notify one (1) or more members of the petition committee advising the reasons for the insufficiency or irregularity. The committee shall then be givenhas ten (10) business 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 calculation of the ten 10 business days begins on the date the letter is postmarkedreceived by the City Clerk. The City Clerk shall havehas five (5) business 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, the City Clerk must notify at least one (1) or more of the members of the recall petition committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall will be taken thereon.
Section 5.19 Recall Election Procedure
If the petition or amended petition is found sufficient, the City Clerk shall must 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 subject to Minnesota Election Law.At its next regularly scheduled meeting, the Council must call for a special election, pursuant to State law.
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.
The City Clerk must post notice of the election including grounds for the recall petition and response of the elected Councilmember concerned. Candidates to succeed the Councilmember to be recalled may be nominated in the usual way and an election must be conducted in accordance with State law.
Section 5.21.5.20 Form of Recall Ballot
1. If the officer Councilmember sought to be recalled resigns within ten (10) business days after the receipt by the Council of the completed recall petition, the Council shall must 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 Councilmember sought to be recalled does not resign within ten (10) business 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 shallmust be: "Shall __________ be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those Those voting shall must 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 Councilmember shall must be promptly removed from office. The Council shall must 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 Councilmember shall will continue in office with no further action required.
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.
Published: October 27, 2025
Dave Ostwald, Mayor
Melissa Moore, City Clerk