HomeMy WebLinkAbout11/02/2009 Council Packet (2)•
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Monday, November 2, 2009
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5:30 p.m.
City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, & Gallup
Acting Administrator Dan Tesch
➢ Call to Order and Roll Call
➢ Setting the Agenda: Addition or deletion of agenda items
A) Update on city council vacancy
Regularly scheduled City Council Work Session to follow adjournment of special council
meeting.
• • Upon the city council receiving Mr. Stoltz' resignation, the city attorney
prepared a resolution declaring the vacancy and directed the city clerk to
publish & post the notice of vacancy.
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• I notified our County Auditor, Cindy Reichert. She reviewed our City
Charter, State Statutes, discussed this with the County Attorney, Robert
Johnson. The county advised that we proceed according to the provisions
of Section 4.05 of the Lino Lakes City Charter.
• Anoka County will have a link on their website directing Lino Lakes
residents to CLICK for more information about the Lino Lakes City Charter
process for filling the recently declared city council vacancy.
• The city will post the local results on the city website on Wednesday
morning.
AT THE POLLING PLACE
The city will post the Notice of Council Vacancy at the entrance to the polling
place and have a copy of the Notice, Resolution 09 -96 as well a copy of Chapter II,
Section 2.05 and Chapter IV, Section 4.05... on the ballot table for voters to
review.
I've advised the ballot judges not to answer questions... to refer all questions to
my office. They can only direct them to vote for two as per the ballot.
There may be overvotes...voting for more than two. In that case the Accu -vote
will note initially accept the ballot. The judge will advise the voter of the overvote
and at this point the voter may ask for a new ballot or have the head judge send it
through. The only race that won't be counted is the overvoted race.
CITY OF LINO LAKES
NOTICE OF CITY COUNCIL VACANCY
NOTICE IS HEREBY GIVEN that:
a) Daniel Stoltz submitted his resignation from the Lino Lakes City Council effective
October 26, 2009;
b) Under Section 2.05 of the Lino Lakes City Charter, a vacancy is deemed to exist
upon such resignation;
c) Resolution No. 09 -96 Declaring a Vacancy on the City Council was passed by the
Council on October 26, 2009;
Section 4.05, subdivision 5, of the Lino Lakes City Charter provides that when a vacancy
on the City Council occurs within 60 days prior to a regular election, a notice of the
vacancy shall be published as soon as is practical and the candidate for council member
with the third highest vote total in the upcoming election shall fill the vacancy.
As previously noticed, the regularly scheduled election will be held on November 3,
2009. While there will be three vacancies in 2010 for the position of council member,
voters are to continue to vote on their ballot for only two council candidates.
If you have any questions, please contact the City Clerk at 651- 982 -2406.
Julie Bartell, City Clerk
Lino Lakes City Charter
CHAPTER II. FORM OF GOVERNMENT
Section 2.01. Form of Government. The form of Government
established by this Charter is the "Mayor- Council Plan ". Except as
otherwise provided by state law or this Charter, all powers of the City
are vested in the Council.
Section 2.02. Boards and Commissions. There shall be no separate
Administrative Board of Health, Library Board, or any Administrative
Board or Commission. The Council shall itself be and perform the
duties and exercise the powers of such boards and commissions
provided for by state law. The Council may, however establish by
ordinance boards, commissions, or committees to advise the Council
with respect to any Municipal function or activity, to investigate any
subject of interest to the City, or to perform quasijudicial functions.
Section 2.03. Council Composition and Election. The Council shall be
composed of a Mayor and four (4) Council Members who shall be
qualified electors and who shall be elected at large. Council Members
shall serve for a term of four (4) years and /or until a successor is
elected and qualifies. The Mayor shall serve for a term of two (2)
years and /or until a successor is elected and qualifies.
Section 2.04. Incompatible Offices. No member of the Council
shall be a member of the City Charter Commission, hold any paid
municipal office or employment through the City other than that to
which elected. Further, until one (1) year after the expiration of
his /her term, no Mayor or Council Member shall be appointed or
employed by the city in a compensated position which was created, or
the compensation for which was increased, during his /her term as Mayor
or Council Member. (Amended 11/07/2006 — Effective 12/07/2006)
Section 2.05. Vacancies. A vacancy in the Council, whether it be in the
office of Mayor or Council Member, shall be deemed to exist in case of
the failure of any person elected thereto to qualify, or by reason of the
death, resignation in writing filed with the City Clerk, removal from
office, non - residence in the City, conviction of a felony of any such
person after his /her election, or failure without good cause to attend
Council meetings for a period of three (3) consecutive months of Mayor
or any Council Member. In each such case the Council shall by
resolution declare the vacancy to exist and such vacancy shall be filled
according to the provisions of Section 4.05. (Amended 05/27/2003)
Section 2.06. The Mayor.
Subdivision 1. The Mayor shall preside at meetings of the Council
and shall have a vote as a member. The Mayor shall be recognized as
the head of the City government for all ceremonial purposes, by
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Lino Lakes City Charter
CHAPTER IV. 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 (15) days prior notice shall be given by City
Clerk by posting a notice thereof in at least one (1) 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 (Amended
05/27/2003)
Section 4.02. Filing for Office. No earlier than seventy (70) days and not
later then fifty_ six (56) 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 City Clerk in an amount as set by
ordinance, or by means otherwise permitted by state law, have his /her name
placed on the municipal election ballot. (Amended 1/25/88) (Amended
05/27/2003)
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 may by resolution order a special or advisory election and provide all
means for holding it. At least fifteen (15) days prior notice shall be given by
the City Clerk by posting a notice thereof in at least one (1) 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.
(Amended 05/27/2003)
Section 4.05. Vacancy of Municipal Elected Office.
Subdivision 1. When a vacancy in an elected office of the City occurs with
three hundred sixty five (365) days or more remaining in the term of the
vacated office, there shall be a special election held within ninety (90) days
after the vacancy occurs to elect a successor to serve for the remainder of the
unexpired term of the office vacated.
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Lino Lakes City Charter
Subdivision 2. The City Clerk shall give at least sixty (60) days published
prior notice of such special election, except as set forth under Subdivision 5
of this section. (Amended 8/9/82) (Amended 05/27/2003)
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 case of a vacancy where there remains less than three
hundred sixty five (365) days but more than one hundred twenty (120) days in
the unexpired term, the Mayor or Acting Mayor shall appoint, with the
approval of the Council, a successor to serve for the remainder of said term.
Subdivision 5. When a vacancy in an elected municipal office occurs within
one hundred twenty (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 (60) days prior to the regular election date,
the notice of such vacancy shall be published as soon as is practical. If,
within the one hundred twenty (120) days 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 Council Members 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 (2) Council Members, the seat shall be filled by the candidate for Council
Member with the third highest vote total, or, in the case of two (2) vacancies,
the third and fourth highest vote totals. Where two (2) 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.
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Lino Lakes City Charter
Subdivision 2. The City Clerk shall give at least sixty (60) days published
prior notice of such special election, except as set forth under Subdivision 5
of this section. (Amended 8/9/82) (Amended 05/27/2003)
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 case of a vacancy where there remains less than three
hundred sixty five (365) days but more than one hundred twenty (120) days in
the unexpired term, the Mayor or Acting Mayor shall appoint, with the
approval of the Council, a successor to serve for the remainder of said term.
Subdivision 5. When a vacancy in an elected municipal office occurs within
one hundred twenty (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 (60) days prior to the regular election date,
the notice of such vacancy shall be published as soon as is practical. If,
within the one hundred twenty (120) days 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 Council Members 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 (2) Council Members, the seat shall be filled by the candidate for Council
Member with the third highest vote total, or, in the case of two (2) vacancies,
the third and fourth highest vote totals. Where two (2) 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.
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