Minutes - 1996/10/14 - Laserfiche WebLink

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Page 4 • October 14, 1996 Mounds View City Council attention of the City Council. He noted that the Council's action on September 23, 1996 in accepting Council member Hankner's resignation by a simple motion appears non-conforming to Charter Section 2.05, MN State Law 410.21 and Charter Section 4.05. He further stated that the Charter Commission respectfully suggests that Council member Hankner resubmit her resignation effective by November 4, 1996 to insure compliance with the Charter requirements should it remain her desire to avoid a Special Election. The Charter Commission also requested that the City Council not act on any Charter changes currently before them. Mr. Bob Long, City Attorney, explained that the Council was unaware of Ms. Hankner's resignation until the September 23rd meeting, therefore a Resolution had not be prepared for approval at the meeting. What the Council did was act by a motion due to the absence of a written resolution with the intention of approving the Resolution at the next meeting. He explained that the City has followed the Charter requirements and that under Section 2.05 of the Charter, one of the conditions in which the City Council can acknowledge a vacancy that is deemed to exist is when a written resignation is before them. A written letter was submitted by Ms. Hankner at the September 23rd meeting. In regard to resignations which become effective at a future date, the Charter is silent, and therefore the City must refer to State Law. Ruth White, 2917 County Road I, noted a correction of Charter Commission Resolution 96-1. The ninth paragraph should be changed from "City Council" to "City Charter". Alice Fritz, 8072 Long Lake Road, stated as an election judge she feels the way the Ms. Hankner's Council seat will be filled is unfair to people who are now running for office and those who may have run if they had been aware of the other position available. She feels it is unfair to the voters because the ballots will not disclose that they will be voting for three. She would like the Council to reconsider having a special election. David Jahnke, 8428 Eastwood Road, asked if the ballots will be fixed so that voters will know that they are voting for three. Mayor Linke noted that the ballots will not be fixed. Attorney Long explained that the State Law requires that the City turn in the names of the candidates to the County Auditor within 45 days of the election. At the time they were submitted, there were only two council seats open. The Charter also states that the City cannot file less than 56 days before the election. Therefore, the seats will be filled by the two receiving the most votes, but a third name is not being listed on the ballot because they have already be turned in to the County. Mayor Linke explained that the voters will be electing the two four-year term seats. Voters will be made aware that even though they are only voting for two, three people will be elected. The third highest vote will take over Ms. Hankner's remaining two years. Ms. Hankner explained that in a general election, there will be a larger number of people voting that the city will get in a special election. The city is following the State Law and the Charter Requirement and the City is fulfilling their responsibility of abiding by those guidelines. • It was noted that voters will be told that they can only vote for two. If they vote for three, the ballot will be spoiled.