HomeMy WebLinkAbout10-06-1981 Charter Packet LINO LAKES CHARTER COMMISSION
OCTOBER 6, 1981 AT 7 p.m.
MEETING AGENDA
1. Call meeting to order
2. Roll call by Secretary
3. Approval of 9/29/81 minutes
4. Committee reports
* executive -- D. Weible
* Rules -- V. Reinert
* Administration -- W. Ostlie S J
* Plans & Purposes -- J. Hanson t om-
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5. Charter chapters remaining to discuss/finalize (not in one evening):
Chapter 5 - Initiative, Referendum, & Recall -- R. Bollig, J. Hanson
Chapter 8 - Public Improvements & Special Assessments -- J. Flannery,
H. Rosengren
Chapter p Taxation & Finances -- B. Juleen, V. Reinert
Chapter 6 - Administration of City Affairs -- W. Ostlie
Chapter(�)I'Form of Government -- I. Liljedahl
Chaptero3 1, Council Procedure -- B. Benson
Chapter 11- Public Ownership & Operation of Utilities -- J. Livingston
ChapterV Miscellaneous & Trasitory Provisions -- E. Blomquist
6. Adjourn
Finialized Chapters:
Chapter 1: Name, Boundaries, Powers & General Provisions
Chapter 4: Nominations and Elections � �vrl I oCIT.
Chapter 9: Eminent Domain �S' ���g ' A_ t
Chapter 10: r'ranchise'sfb ( A . D,�1N� 9
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ATTENTION
The attached proposed charter for Lino Lakes is incomplete. The chapters that
are provided have been "finalized" as to form and content. The missing chapters,
when they are "finalized", will be attached in their proper location.
Thank you,
Lino Lakes Charter Commission
Dennis F. Weible, Chairman
PROPOSED CHARTER FOR THE CITY OF LINO LAKES
CONTENTS
1. Name, Boundaries, Powers, and General Provisions
2. Form of Government
3. Council Procedure
4. Nominations and Elections
S. Initiative, Referendum and Recall
6. Administration of City Affairs
7. Taxation and Finances
8. Public Improvements and Special Assessments
9. Eminent Domain
10. Franchises
11. Public Ownership and Operation of Utilities
12. Miscellaneous and Transitory Provisions
PROPOSED CHARTER FOR THE CITY OF LINO LAKES
CHAPTER 1 - NAME, BOUNDARIES, POWERS, AND GENERAL PROVISIONS
Section 1.01. Name and Boundaries. The City of Lino Lakes, Anoka County,
Minnesota shall continue to be a municipal corporation under that name and
with the same boundaries as now are or hereafter may be established. The
city administrator shall maintain in each copy of this charter an accurate,
up-to-date description of the city's boundaries. The city council shall
establish by ordinance (1) the number of copies of this charter with amendments
that the city administrator shall keep in his-her office and (2) the policy by
which requests for this charter with amendments shall be processed. The copies
of the charter, amendments, and boundary descriptions which the city administrator
" has shall be available for public inspection anytime during regular office hours.
Section 1.02. Powers of the City. The city shall have all the powers which it
may now or hereafter be possible for a municipal corporation in this state to
exercise in harmony with this charter and with the constitutions of this state
and of the United States. It is the intention of this charter to confer upon
the city every power which it would have if it were specifically mentioned,
unless otherwise provided in this charter. The charter shall be construed
liberally in favor of the city, and the specific mention of particular muni'
cipal powers in other sections of this charter does not limit the powers of
the city to those thus mentioned. Unless granted to some other officier or
body, all powers are vested in the city council.
Section 1.03. Charter a Public Act. This charter shall be a public act and
need not be pleaded or proved in any case and shall be effective immediately
after its adoption.
CHAPTER 4 - NOMINATIONS AND ELECTIONS
Section 4.01 The Regular Municipal Election. A regular municipal
election shall be held on the first Tuesday after the first Monday in
November of each odd numbered year commencing in 1983 at such places as
the city council shall designate. At least fifteen days prior notice
shall be given by the clerk-treasurer by posting a notice thereof in
at least one public place in each election precinct, and by publishing a
notice thereof at least once in the official newspaper of the city stating
the time and the places of holding such election and of the officers to
be elected. Failure to give such notice shall not invalidate such election.
Elected and qualified officers provided for by this charter shall assume
the duties of office to which they were elected on the first business day
in January following such election.
Section 4.02. Filing for Office. No earlier than forty-two days
nor later than twenty-eight days before any municipal election, any resident
of the city qualified under state law for elective office may , by filing an
affidavit and by paying a filing fee to the clerk-treasurer in an amount
as set by ordinance, have his-her name placed on the municipal election
ballot.
i Section 4.03. Procedure at Elections. Consistent with the
provisions of this charter and applicable state laws, the council may
by ordinance further regulate the conduct of municipal elections. Except
as otherwise provided by this charter and supplementary ordinances,
general state laws on elections shall apply to municipal elections.
Section 4.04. Special and Advisory Elections except for Elected
Office. The council shall by resolution order a special or advisory
election and provide all means for holding it. At least fifteen days
prior notice shall be given by the clerk-treasurer by posting a notice
thereof in at least one public place in each election precinct, and by
publishing a notice thereof at least once in the official newspaper of
the city stating the time and the places of holding such election.
Failure to give such notice shall not invalidate such election.
Section 4.05. Vacancy of Municipal Elected Office.
Subdivision 1. When a vacancy in an elected office of the city
occurs with 365 days or more remaining in the term of the vacated office,
there shall be a special election held within ninety days after the vacancy
occurs to elect a successor to serve for the remainder of the unexpired
term of the office vacated.
Subdivision 2. The city administrator shall give at least sixty
days published prior notice of such special election, except as set forth
under subdivision 5 of this section.
Subdivision 3. The procedure at such election and assumption of
duties of elected officers following such election shall conform as nearly
as practicable to that prescribed for other municipal elections under this
charter.
Subdivision, 4. In the case of a vacancy where there remains less
than 365 days in the unexpired term, the mayor or acting mayor shall
appoint a successor to serve for the remainder of said term.
Subdivision 5. When a vacancy in an elected municipal office occurs
within 120 days prior to a regular municipal election date, the special
election to fill the vacancy shall coincide with the regular election.
If the vacancy occurs within sixty days prior to the regular election
date, the notice of such vacancy shall be published as soon as is practic-
able. If, within the 120 day period before a regular municipal election,
the vacancy occurs in the office of the mayor or in the office of either
or both of the councilmembers whose seats are to be decided in the election,
said vacancy shall be considered not to exist for purposes of the election.
However, if such vacancy occurs in the office of either of the other two
councilmembers, the seat shall be filled by the candidate for councilmember
with the third highest vote total , or, in the case of two vacancies, the
third and fourth highest vote totals. Where two vacancies exist, the
candidate with the third highest total shall fill the vacancy in the office
having the longest unexpired term.
Subdivision 6. If there are insufficient numbers of candidates in
a regular or special election to fill expiring or vacated municipal offices,
the city council shall fill said offices by appointment until the next
regular municipal election. In the case of a tie vote of the council, the
mayor shall make said appointment.
CHAPTER 6 - ADMINISTRATION OF CITY AFFAIRS
Section 6.01 . Administrative Responsibility. The council, as a body , shall
be responsible for the administration of the city. The council shall appoint a
city administrator to assist in the administration of city affairs.
Section 6.02. Administrative Organization.
Subdivision 1. The council may by ordinance establish city departments,
offices, and agencies, and prescribe their funcitions. No power or duty conferred
by this charter upon a particular office or agency shall be transferred to any
other.
Subdivision 2. The city council shall hire remove heads of departments,
and such other and further officers and personnel as may be required to operate
the city efficiently.
Section 6.03. City Administrator. The city administrator shall be the
chief executive officer for the council. The council by ordinance shall
establish the powers, duties, and reporting requirements of the city administrator.
Section 6.04. Clerk-Treasurer. The council shall appoint a clerk-treasurer.
The clerk-treasurer shall:
(1) report directly to the city administrator, and .
(2) have the duties and responsibilities determined by applicable
state law and city ordinance.
CHAPTER 9 — EMINENT DOMAIN
Section 9.01 . Acquisition of Property. The city may acquire by
purchase, gift, condemnation, or otherwise, any real property, either
within or without its boundaries, that may be needed by the city for any
public purpose. In acquiring property by exercising the power of
eminent domain, the city shall proceed according to Minnesota Law,
Chapter 117, or other applicable laws.
CHAPTER 10 - FRANCHISES
Section 10.01. Except as otherwise provided by state law, no person,
firm or corporation shall place or maintain any permanent or semi-permanent
fixtures in, over, upon, or under any street or public place for the purpose
of operating a public utility , or for any other purpose, without a franchise
therefor from the city. A franchise shall be granted only by ordinance, which
shall not be an emergency ordinance. No exclusive franchise shall be granted
unless the proposed ordinance is submitted to the voters of the city following
a public hearing and approved by at least a majority of those voting thereon.
Every ordinance granting a franchise shall contain all the terms and conditions
of the franchise. The grantee shall bear the costs of publication of the
franchise ordinance and shall make a sufficient deposit with the clerk-treasurer
to guarantee publication before the ordinance is passed.
Section 10.02. Term. No perpetual franchise or privilege shall be created,
nor shall any exclusive franchise or privilege be granted for a period of more
than twenty-five years.
Section 10.03. Public Hearing. Before any franchise ordinance is adopted
or any rates, faxes, or prices to be charged by a public utility axe fixed by
council , the council shall hold a public hearing on the matter. Not less than
ten days prior to the date of the hearing, notice of such hearing shall be
published at least once in the official newspaper and additional notice of such
hearing shall be given in other media as the council shall determine.
Section 10.04. Power of Regulation Reserved. Subject to any applicable
state law, the council may by ordinance reasonably regulate and control the
exercise of any franchise, including the maximum rates, faxes, or prices to
be charged by the grantee. No franchise value shall be included in the valuation
of the grantee's property in regulating utility rates, fares, or prices under
any applicable state or municipal law, or regulation, or in proceedings for
municipal acquisition of the grantee's property by purchase or eminent domain.
Section 10.05. Renewals or Extensions. Every extension, renewal, or
modification of any existing franchise, or of any franchise granted thereafter,
shall be subject to the same limitations and shall be granted in the same
manner as a new franchise.
r_
We, the undersigned, being duly appointed, qualified, and acting members
of the Charter Commission in and for the City of Lino Lakes, Anoka County,
Minnesota, hereby certify that the foregoing document consisting of Chapters 1
through 12 inclusive, is the draft of a proposed charter prepared and framed
by the Charter Commission, and we hereby affix our signatures to that draft in
testimony of our approval thereof, and deliver same to Edna Sarner, the clerk-
treasurer of the said city, for action pursuant to law.
Dennis F. Weible, Chairman
Ben Benson Delbert Kincade
Eugene Blomquist Ina Liljedahl
Richard Bollig Jim Livingston
Mary Bunker John Merrill
James P. Flannery Wendell Ostlie
Jerry Hanson Vernon Reinert
Bernice Juleen Henry Rosengren