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HomeMy WebLinkAboutGovernment Committee CHARTER COMMITTEE ON GOVERNMENT MEETING 5/15/76 CHAIRPERSONS DON HODGES, HOWARD NIESEN, NEIL LOEDING The committee reviewed the league model charter, utilizing resources from the many city charters such as Red Wing, Hastings and East Grand Forks. Following is a draft of Chapters 1, 2 & 3 to be reviewed and presented by the Charter Commission. CHARTER CITY OF MOUNDS VIEW, MINNESOTA CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1.01. Name and boundaries. The City of Mounds View, Ramsey 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 clerk shall keep in his office at least two copies of this charter with ammendments, and in each copy he shall maintain an accurate up-to-date des- cription of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours". Sec. 1.02. Powers of the City. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony 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. The charter shall be construed liberally in favor of the city and the specific mention of particular municipal powers in other sections of this charter does not limit the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the city council. CHAPTER 2 FORM OF GOVERNMENT Sec. 2.01. Form of Government. The form of government establishedby this Sec. 2.05. Vacancies. An elective office becomes vacant when the person elected or appointed thereto dies before taking office or fails to qualify, or the incumbent dies, resigns in writing filed with the city clerk, is con- victed of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction. In each such case the council shall by resolution declare the vacancy to exist and shall forwith appoint an eligible person to fill the vacancy for the remainder of the unexpired term. Sec. 2.06. The Mayor's power and duties. Subdivision 1. The mayor shall preside at meeings of the council and shall have a vote as a member. The council shall choose from its members an acting mayor who shall hod office at the pleasure of the council. He shall serve as mayor in the mayor's absence and as mayor in case of the mayor's disability or absence from the city. The mayor shall be recognized as head of the city government for all ceremonial purposes, by the courts for :the purpose of serving civil process, and by the governor for purposes of martial law, but he shall have no administrative duties. Subd. 2. Consistent with his responsibility to accept considerable leadership over the general conduct of city affairs, the mayor may study the operation of the city government and recommend to the council such changes and improvements as he believes to be desirable. He shall also deliver a message to the council and people including a comprehensive message on the state of the city as soon as practicable after taking office. Sec. 2.07. Salaries. The mayor and councilmembers shall receive such com- pensation as is fixed by the council in accordance with law. Officers and employees of the city shall receive such salaries or wages as may be fixed by the council. Sec. 2.08. Investigation of city affairs. The council may make investigations - 3 - Sec. 3.03. Rules of procedure and quorum. The council shall determine its own rules and order of business. A majority of all members shall constitute a quorum but a smaller number may adjourn from time to time. The council may by rule provide a means by which a minority may compel the attendance of absent members. Sec. 3.04. Ordinances, resolutions, and motions. Except as otherwise pro- vided in this charter, all legislation shall be by ordinance. The votes of council members on any action taken shall be recorded in accordance with statute. Except as otherwise provided in this charter, an affirmative vote of a majority of all the members of the council shall be required for the adoption of all ordinances and resolutions. Sec. 3.05. Procedure on ordinances. Every proposed ordinance shall be pre- sented in writing. No 'ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be, "The City of - ordains." No ordinance except an emergency ordinance shall be adopted at the meeting at which it is introduced and at least days shall elapse between its introduction and final passage. Sec. 3.06. Emergency ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of the entire City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be passed finally at the meeting at which it is first introduced and voted upon, by one vote of the Council. An emergency ordinance shall remain in effect for the duration of the emergency and shall become void when the emergency no longer exists. No - 5 - . or resolution shall be amended by reference to the title alone, but such an amending ordinance or resolution shall set forth in full each section or sub- division to be amended and shall indicate by appropriate type or symbols matter to be omitted or added. Amendment or repeal of an ordinance shall require a 4/5 vote of the council. Subd. 2. An ordinance passed under the initiative or referendum power may not be repealed or amended by the council except by approval of the voters, but may be set aside during a time of a state of an emergency is proclaimed. Sec. 3.11. Revision and codification of ordinances. The city shall revise, rearrange, and codify its ordinances with such additions and deletions as may be deemed necessary, at least once every two years. The ordinance code may be published in book, pamphlet, or continuously revised loose-leaf form and copies shall be made available by the council at the office of the city clerk for general distribution to the public free or for a reasonable charge. Publication in such a code shall be a sufficient publication of any ordinance provision not previously published if a notice that copies of the codification are available at the office of the city clerk is published in the official newspaper for at least two successive weeks. - 7 - CHARTER COMMITTEE ON GOVERNMENT MEETING 5/15/76 CHAIRPERSONS DON HODGES, HOWARD NIESEN, NEIL LOEDING The committee reviewed the league model charter, utilizing resources from the many city charters such as Red Wing, Hastings and East Grand Forks. Following is a draft of Chapters 1, 2 & 3 to be reviewed and presented by the Charter Commission. CHARTER CITY OF MOUNDS VIEW, MINNESOTA CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1.01. Name and boundaries. The City of Mounds View, Ramsey 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 clerk shall keep in his office at least two copies of this charter with ammendments, and in each copy he shall maintain an accurate up-to-date des- cription of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours". Sec. 1.02. Powers of the City. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony 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. The charter shall be construed liberally in favor of the city and the specific mention of particular municipal powers in other sections of this charter does not limit the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the city council. CHAPTER 2 FORM OF GOVERNMENT Sec. 2.01. Form of Government. The form of government establishedby this charter is the "Mayor Council Plan". Except as otherwise provided by law or this charter, all powers of the city are vested in the council. The clerk/ad- ministrator shall be responsible to the councilfor proper administration-of-all city affairs. Sec. 2.02. Boards and commissions. There shall be no separate administrative board of health, library board, or any other administrative board or commission except for the administration of a function jointly with another political sub- division. The council shall itself he and perform the duties andexercisethe powers of such boards and commissions provided for by statute. The council may, however, establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi-judicial functions. Sec. 2.03. Council composition and election. The council shall be composed of a mayor and four councilmembers who shall be qualified electors and who shall serve for a term of four years and until his successor is elected and qualifies, except that at the first election held after the adoption of this charter the two candidates having the highest number of votes shall serve for four years and the other two successful candidates shall serve for years. The mayor shall serve for a term of two years and until_ his successor is elected - and qualifies. - Sec. 2.04. Incompatible offices. No member of the council shall hold any paid municipal office or employment under the city; and until one year after the expiration of his term as mayor or councilmember no former member shall be appointed to any paid appointive office or employment under the city which was created or the compensation for which was increased during his term as council- member. - 2 - Sec. .2.05.. Vacancies. An elective office becomes vacant when the person elected or appointed thereto dies before taking office or fails to qualify, or the incumbent dies, resigns in writing filed with the city clerk, is con- victed of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction. In each such case the council shall by resolution declare the vacancy to exist and shall forwith appoint an eligible person to fill the vacancy for the remainder of the unexpired term. Sec. 2.06. The Mayor's power and duties. Subdivision 1. The mayor shall preside at meeings of the council and shall have a vote as a member. The council shall choose from its members an acting mayor who shall hod office at the pleasure of the council. He shall serve as mayor in the mayor's absence and as mayor in case of the mayor's disability or absence from the city. The mayor shall be recognized as head of the city government for all ceremonial purposes, by the courts for 'the purpose of serving civil process, and by the governor for purposes of martial law, but he shall have no administrative duties. Subd. 2. Consistent with his responsibility to accept considerable leadership over the general conduct of city affairs, the mayor may study the operation of the city government and recommend to the council such changes and improvements as he believes to be desirable. He shall also deliver a message to the council and people including a comprehensive message on the state of the city as soon as practicable after taking office. Sec. 2.07. Salaries. The mayor and councilmembers shall receive such com- pensation as is fixed by the council in accordance with law. Officers and employees of the city shall receive such salaries or wages as may be fixed by the council. Sec. 2.08. Investigation of city affairs. The council may make investigations - 3 - into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the.production of evidence. The council shall provide for an audit of the city's accounts at least once a year by the state depart--- ment in charge of such work or by a public accountant. At any time the council may provide for an examination or audit of the accounts of any city officer or agency and it may provide for any survey or research study of any subject of municipal concern. To expedite thesepurposes, councilmembers shall be assigned as liaison to city departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility. CHAPTER 3 COUNCIL PROCEDURE Sec. 3.01. Council meetings. The council shall meet regularly at least twice each month at such times and places as the council may designate by rule. The mayor or any two members of the council may call special meetings of the council upon at least twelve hours notice to each member and such reasonable public notice as may be prescribed by council rule in compliance with the laws of Minnesota. Tothe extent provided by law,. all meetings of the council and its committees shall be public and any citizen shall have access to the minutes and records of the council at all reasonable times. During any of its public meetings, the council shall not prohibit., but may place, reasonable restrictions upon citizen's comments and questions. Sec. 3.02. Secretary of council. The city clerk shall act as secretary of the council. He shall keep a journal of council proceedings and perform such other duties as this charter or the council may require. The council may desig- nate any other city official or employee except a member of the council to act as secretary of the council. - 4 - Sec. 3.03. Rules of procedure and quorum. The council shall determine its own rules and order of business. A majority of all members shall constitute a quorum but a smaller number may adjourn from time to time. The council may by rule provide a means by which a minority may compel the attendance of - absent members. Sec. 3.04. Ordinances, resolutions, and motions. Except as otherwise pro- vided in this charter, all legislation shall be by ordinance. The votes of council members on any action taken shall be recorded in accordance with statute. Except as otherwise provided in this charter, an affirmative vote of a majority of all the members of the council shall be required for the adoption of all ordinances and resolutions. Sec. 3.05. Procedure on ordinances. Every proposed ordinance shall be pre- sented in writing. No-ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be, "The City of ordains." No ordinance except an emergency ordinance shall be adopted at the meeting at which it is introduced and at least days shall elapse between its introduction and final passage. Sec. 3.06. Emergency ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of the entire City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be passed finally at the meeting at which it first introduced and voted upon, by one vote of the Council. An emergency ordinance shall remain in effect for the duration of the emergency and shall become void when the emergency no longer exists. No - 5 a prosecution shall be based upon the provisions of an emergency ordinance until 24 hours after the ordinance has been filed with the City Clerk after passage and posted in three conspicuous places in the City, or until the ordinance has been published as provided in the preceding paragraph, unless the person charged with violation thereof had actual notice of the passage of the ordinance prior to the act or omission resulting in the prosecution. Sec. 3.07. Procedure on resolutions. Every resolution shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent. Sec. 3.08. Signing and publication of ordinances and resolutions. Every ordinance or resolution passed by the council shall be signed by the mayor, attested by the city clerk, and filed and preserved by him. Every ordinance shall be published at least once in the official newspaper. To the extent and in the manner provided by law an ordinance may incorporate by reference a statute, state administrative rule or regulation of Minnesota, a code, or ordinance or part thereof without publishing the material referred to in full. Sec. 3.09. When ordinances and resolutions take effect. Every resolution and emergency ordinance shall take effect immediately upon its passage or at such later date as it specifies. Every other ordinance shall take effect days after publication or at such later date as it specifies. Every ordinance and resolution adopted by the voters of the city shall take effect immediately upon its adoption or at such later date as it specifies. Sec. 3.10. Amendment and repeal of ordinances and resolutions. Subd. 1. Every ordinance or resolution repealing all or part of a pre- vious ordinance or resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance - 6 - or resolution shall be amended by reference to the title alone, but such an amending ordinance or resolution shall set forth in full each section or sub- division to be amended and shall indicate by appropriate type or symbols matter to be omitted or added. Amendment or repeal of an ordinance shall require a 4/5 vote of the council. Subd. 2. An ordinance passed under the initiative or referendum power may not be repealed or amended by the council except by approval of the voters, but may be set aside during a time of a state of an emergency is proclaimed. Sec. 3.11. Revision and codification of ordinances. The city shall revise, rearrange, and codify its ordinances with such additions and deletions as may be deemed necessary, at least once every two years. The ordinance code may be published in book, pamphlet, or continuously revised loose-leaf form and copies shall be made available by the council at the office of the city clerk for general distribution to the public free or for a reasonable charge. Publication in such a code shall be a sufficient publication of any ordinance provision not previously published if a notice that copies of the codification are available at the office of the city clerk is published in the official newspaper for at least two successive weeks. - 7 - A ok. i ► '