HomeMy WebLinkAboutGordon Ziebarth Correspondence INITIAL RESPONSE TO CHAPTERS 1-3 OF PROPOSED CHARTER
Gordon Ziebarth
It is my intent to respond to the first three chapters of the proposed
City Charter at this time. This, however, should not be construed as the.
first and last time concerned members of the community have an opporjunity
to have such input. In the process of comparing this proposal with other
charter, the model charter and state statutes it is apparent that some
sections were changed for a specific reason, some were changed because they
were in a model charter and others were partially "distorted" in order to
dilute some perceived power of the council. My initial responsethen will
be directed toward better wording and-also toward gaining a better under-
standing
nderstanding of the Charter Commissions intent with regards to the present
language. I will reserve the right to agree or disagree with the Charter
once the refinment stages are completed.
Section 1.01. Copies should be available during regular office hours
but the "any time" gives the appearance of at the drop of a hatjwhich may
in fact not be possible.
Section 2.01. I understand that the intent of the Charter is to establish
a"Weak Mayor-Council Plan". I think it should be stated as such. However,.
the plan may in fact be a hybred of the"Commissioner Plan" based upon reasonable
interpretation if you consider the last sentence of section 2.08 and the
diminuation of the role of administrator under Chapter 6.
QUESTION: What is the intent of the Chatter Commission?
Section 2.03. This section reads more clearly if you add-"and who shall
be. elected at large." at the end of the first sentence thus eliaimativgfit
from the second sentence.
Section 2.05. This section by its wording causes confusion. You have
drawn a distinction between member of the council and councilmember with
section 2.03 but have failed to include the mayor in"the failure of any —
and councilmember without good cause to perform ,. ." in the next to last
sentence. I suggest a set of definitions be included. I also suggest the
wording in the model charter.
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• section 2.05 continued-
QUESTION: Who decides when duties are not being performed without good cause?
It is much easier to talk about it than define it.
Section 2.06. Where you state the duties of the acting mayor, it
may be wise to state this as a separate section and use the language from
State Statute 412.121 which in my opinion states clearly how long in case
of absence as opposed to vacancy. •
Subdivision 2. The fact that the Charter Commission has chosen to include
addtional mayorial powers here in place of the suggested section 2.09 regarding
limits of interference by mayor and council into the administrative process
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allows me to conclude something other than:Weak Mayor-Council Plan" is the
intent of this Charter.
QUESTION: What is the intent of the Charter Commission?
SUGGESTION: ELIMINATION OF SUBDIVISION 2.06.2 and THE INCLUSION OF SECTION 2.09
MOM THE MODEEL CHARTER.
Section 2.07. Regarding no increase in compensation until after the next
election, it was my understanding from what the accountant (CPA) for the City
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said that this is already state law. If so, the second sentence mbe redundant.
I would also suggest some wording in 2.07 which separates elected officials
from employees of the city. I think this will help avoid any confusion as to
who has control over what salaries.
Section 2.08. I suggest elimination of the final two sentences in keeping
with my statements on 2.06. This is something that each council should decide
for itself. Who shall do the assigniti and what happens if conflicts occur,are
best determined at the time they occur, not by crystal ball statements.
Section 2.09. I suggest including 2.09 from the model charter here unless
there exists some very strong and compelling evidence to indicate a change.
Before any change is made in adminstrative processes and duties, I think the
Charter Commission has an obligation to poll other city councils to determined
the importance of having an administaator who runs the ooeration,t The alternative
is to save the $20,000 it costs for an administrator and let the mayor and council
do the job. (2
section 2.09 continued-
I am not suggesting the elimination of an administrator, I am suggesting
a very careful and critical examination of the administrators role. I am also
suggesting that if a charter is born with the present language here and in
chapter 6, you will have effectively eliminated the present role of the
administrator and created administrative problems that could take years to
correct once:the suggested chain of command is in place. This is an extremely
important issue and one that bears close scrutiny.
Section 3.01. I think council should do as present and when it becomes
a problem it should be a very easy issue to arouse interest in change.
(above comment refers to last sentence in 3.01.) Suggest its elimination.
Section 3.02. This was something in the model charter that may not
really apply to our situation. If we are talking about duties of the clerk
it should go into chapter 6 and if we are talking about a secretary to council
we need to have administrative input at meetings which makes it difficult to
be a secretary at the same time.
QUESTION: What is the Charter Commissions intent?
Section 3.03. What does state law say about compelling attendance of
absent members and when is a member considered absent with cause?
Section 3.04. I am assuming that this would eliminate Resolution 983
if it is-not-converted-to-an-ordinance prior to charter adoption.—I-think--
a closed statement on resolutions would be helpful here rather than searching
the remainder of the document for exceptions to ordinances.
Section 3.05, 3.08, 3.09. Regarding the time delay, my experience has
been that the delay factor now has in some cases hurt the cities situation
and we have come under criticism for this. Adding more delay and advertizing
to developers that we 44, legislating a building moratorium two months in
advance may make a critical difference in the cities ability to defend itself
in court. This needs to be looked at carefully.
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Section 3.06. I would suggest that this is a significant departure from
both model ordinance and quorum requirements and opens up the door for some-
one to abuse the intent of this section. I suggest a minimum of :.three members.
QUESTION? What effect does the last sentence have on the ability Cf police
to effectively protect city residents?
Section 3.07. I would suggest a posting of resolutions rather than listening
to all the verbage in some of those resolutions.
Section 3.08. Second sentence- "shall be signed by the mayor, attested
by theaclerk, and filed and preserved by him." makes for a better sentence.
The model charter appears to have more succinct language for 3.07 and 3.08.
Section 3.09. Before you agree with the wording (number of days) for
this I suggest you ask Jeff Nelson to project the length of time it would
take to pass and get into operation any ordinance considering two thing,5.
The time which elapses from idea to passage and the negative effects it may
have on city operations both in the courts(litigation) and city functions.
Section 3.10. The cost in terms of time and money may be prohibitive.
3.11.
I suggest the Charter Commission rethink the ordinance and resolution processes
in light of the budget restrictions and effectiveness of the process.
4/5 vote to amend or repeal an ordinance sounds great if you don't want
one changed but what problems do you see if we do need to change them. It
ought to be an interesting process when it comes time to update the city
code book. I am suggesting that the vote be the same as for new ordinances
because the intent is the same, that is the need to change in order to keep
up with a changing society. Lets not get ordinances imbedded in stone, especially
bad ones.
These are my suggestions for the present and although I may disagree with
some of your statements I do agree with the process and its openess. I commend
you on your hard work to date and encourage you on the remaining efforts. I
suggest you be concise and to the point, it is easier to add good than eliminate
the bad documents from a charter. G. Ziebarth.
RESPONSE TO CHARTER COMMISSION CHAPTERS 4.4 Gordon Ziebarth
While reading chapters 4-12 the thought occured to me that the Charter
Commission may be attempting to do what researchers in medicine occasionally
are accused of doing, finding or prescribing a cure for no known_
My point is that I see chapter 4 including additions and radical departures
from state statutes, model charter and at least a dozen charters from cities
in MIIOTA. I am not suggesting that commission members don't have reasons
for doing this, but I am suggesting that where radical departures exist between
the proposed charter another sources mentioned above that we examine the
long range effects upon the community and its future. We must also take into
consideration the additional time and cost of staff in relationship to the
return on our investments of this staff time.
Specifically, there are reasons why we post elections as we do and it
is my opinion that we do a better job than state statutes suggest and also
a more effective job than this proposal suggests. I think that this chapter
can be written according to the model charter and we can continue to post
at city hall on our sign, in the newspaper and in newsletters to all residents
of the city. I also suggest that the Charter Commission reexamine the state
statutes for reasons for gassumption of duties until January 1. I know of no
reasons for this drastic change.
Section 4.02. Use what most other cities with charters use or state
state statutes. I'm curious, why 37 to 30 days?
Section 4.03. I suggest using state stautes, they allow for more time
and in the past this time has been valuable because of the difficulty in
getting community members involved for both primary and general elections.
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Toallow up to ten days before elections might cause problems.
Section 4.04. Best section to include. State statutes are very specific
on elections and I think it is the most valuable source of information. I
suggest we rely upon it more heavily.
Section 4 O5 Use state statutes. It not only handles canvassing but
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also contested elections.
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My overall comments on CHAPTER 5 are that although I am not opposed to
the process I don't understand why you have chosen the added restriction of
being registered and at the same time decreased the examination of electors
by the clerk to 5 days. It seems to me it will take more time rather than
less in order for the clerk to ascertain sufficiency. The model charter
suggests 20 dayssand I agree. I also think that 15% should be required for
referendum in keeping with most other charters. Initiative and referendum
proposals from the model charter have certain restriction. Am I to understand
that the Charter Commission is including budget and capital programs,
appropriations of money, levying of taxes and salaries for employees
under the initiative proposal where it is restricted by the model and3if sol
I am requesting sound justification for this departure.
Rather than make specific comments at this time, I would hope that the
commission rethink this entire chapter and attempt to rewrite it in shorter
form with more concise language so that the average person in Mounds View
can and will bcembe use it as an effective tool for imput. At the same
time you shouldAthe Impact on staff and the consequences of the time frames
suggested. My opinion is that most people will give up before they ever get
started with the process as presently stated.
Chapter 6. I am opposed to the suggestions in this chapter that we
have a coordinator rather than a clerk-administrator to the extent that it
will cause more problems than it will solve. The public)in partjhas been
digatisfied with the impact that the past administrator had on the council A acemklc.:t.
fault not the administrators problem. If this be the argument for change
then write it into the councils responsibilities. By diluting the power
of the administrator you are increasing the chances that less will be done
at city hall. By doing what you suggest, he doesn't have to control the
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other department heads (which is the problem now) and now your suggesting
little if any responsibilty to the council. Under your proposal he doesn't
have to be accountable to anyone, he can blame everyone else.
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I would suggest that if the Charter Commission wants to improve the position
of administrator you should look at the advantages of a council-manager form of
government. Please keep in mind that I am not advocating a change but if you
have your heart set on change then put something into a charter that will allow
the administrator to grow with the city.
Once this type of position is set into charter language it is almost
impossible to change by the very fact that the re-education processis so
d ficult to accomplish. By implementing a clerk-coordinator type of position
you set the city operation, expertise and efficiency back ten years not to
mention the time it will take to correct the mistake. If you insist on this
cDe. Co)atip.4.)1410
type of change you should write the requirements down to the level of a
secretary or similar position because you will be paying far more than what
you can expect in the way of a 441=t: No experienced, knowledgable administrator
is going to come into Mounds View and fight with department heads he has
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no authority over. No council is going to hire the ei you want in
some sections if they can't also use the administrative expertise which you
don't want. In practice, I will predict what will be the effect of this chapter.
NOTHING WILL CHANGE. The council will continue to operate the same way1only
they will make sure that they take all the credit. The admi igtrator will
still get fired for the same reasons it's just that the quality of adminstratmr
will_be less because the good ones won't put up with all the coordinating
hAss1s , de
____ , In the end we will have paid for an administrator too less than
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what he does now and for no apparent reason except that the last one appeared ( o0611*.
to run the city better than the council which bothered some members of the
community. The obvious but incorrect choice was to blt.'ame the administrator
rather than the council.
The other alternative is to hire a manager and let him appoint his
department heads so that he shoulders the blame when something happens. It
puts the pressure on the department head to perform because his immediate
swpervisor, the marker is directly in charge. The administrator is directly
responsible to the council and he has no excuses in this situation.
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The council-manager form of government offers the best chain of command and
produces the best results, at least in theory, because everyone is accountable
to someone.
The third option is of course to leave things as they are until a more
notable reason surfaces to force a change. Although we have no great problems
presently it is my opinion that the weakest link in the chain of command is
between the administrator and the department heads. This is caused primarily
by the transitional nature of our city. The optional Plan A that`_Mounds View
now has with a clerk-administrator is a transitional type of government and
was designed for cities that had grown out of clerk positions because of i. .4&`ata
rt
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P P ulaton and had not yet become large enough to form a departmentalized
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structure. Presently Mounds View is at a point where demands for services .
by the coummunity and demands by school districts to handle youth sports
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has brought us very close to a decision on4the most efficientform of
government. To decide the question, citizens should be given the opportunity
to provide the council or charter commission with some important information.
Do the residents of Mounds View wish to continue services at the present Aret u.iN
they_ wish to reduce them. An affirmative answer to �°
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level or do :.����'
or increasing services suggests a. change to manager form of government in
Lh-e--near-future. Ifresidents wish to reduce services,rices then it may be possible
to continue with a clerk-administrator for some time.
I hope my impression:of city government are helpful to you in thus t s 1000
difficult decision. I think some members of the community have the iso
that we as council members have time to check on all the operation of the city.
It is impossible to run a complex operation by remote control. Whether you
like it or not, the administrator must have the authority to oversee the
operation while we are away and he must be able to make decisions in the
s tabsence of council and a sgetg o one will. After all, he is responsible to the
council for those decisions anyway.
CHAPTER 14
NOMINATIONS AND ELEUT1ONS
Sec. 14.01. The Regular Municipal Election. A regular municipal election shall
be held on the first Tuesday after the first Monday in November of each even numbered
year commencing in 1980 at such places as the city council shall designate. At least
(fifteen days prior notice shall be given by the city clerk 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. {All elected and qualified officers provided
for by this Charter shall assume their duties at the first meeting of the office to
which they were elected following such electio�tc
Sec. 14.02. Filing for Office. No earlier than thirty-seven days or later than
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thirtytays before any municipal election, any resident of the city qualified under
state law for elective office may, by paying a filing fee to the city clerk in an
amount as set by ordinance, have his/her name placed on the municipal ballot.
Sec. 14.03. Judges and Clerks of Election. The council shall at least . er 4'ays
before each municipal election appoint from qualified electors election judges and/or
clerks of election.
Sec. 14.014. 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.
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Sec. 4.05. Canvass of Elections. The set s shall be delivered to the clerk
as soon as practicable following the close of the 'oils after any election under
,�ii this Charter. The council shall meet and anvass th= returns thereof and declare
the results within three days after e election. A pl . - ty"of votes for a
qualified elective officer shall onstitute an election. ', e clerk shall then
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forthwith give notice to the •filcers elected of their respective elections.
Sec. 4.0f. Special Elections exc5p for Elected Office. The council shall by
resolution order a special election and provide all means for holding it. The clerk
(1 shall give at least fifteen days published prior notice of a special election except
as otherwise provided in this Charter.
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Sec. 4.07. Vacancy of Municipal Elected Office.
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Subdivision 1. When a vacancy in an elected office of the city occurs with 365
day3_2E_mpre remaining in the term of the vacated office, there shall be a special
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election held within forty-five days after the vacancy occurs to elect a successor
to serve for the remainder of the unexpired term of the office vacated l'he city
clerk shallgive at least thirty-seven days published prior notice of such special
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election. In the case of a vacancy where there remains less than 365 days in the
unexpired term, the council shall by a majority vote appoint a successor to serve
for the remainder of said term. e)procedure at such election and assumption of
duties of elected officers following such election shall conform as nearly as prac-
ticable to that prescribed for other municipal elections under this Charter
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Sub. Notwithstanding the fo five day requirement in subdivision 1 of this
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section, when a vacancy in an elected municipal office occurs between fore-five and
ninety days before a regular municipal election date,Qthe s cialelect n to fill the
vacancy shall coincide with the regular election. �.li L „...t.,-6,10 d
co,titil,\,,.. s, tr., Vciu pe ex.A44-0 41-,6(44,ke
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Should the vacancy in an elected muni.cip.j . office occur within forty-five days
before a regular municipal election - e, th= special election-to fill the vacancy
shall be held forty-five days after, he regular cipal election.
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CHAPTER 5
INITIATIVE, REFERENDUM AND RECALL
Sec. 5.01. Powers Reserved by the People. The people of Mounds View reserve
to themselves the powers in accordance with the provisions of this Charter to
initiate and adopt ordinances and resolutions, to require measures 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.
Sec. 5.02. General Provisions for Petitions. A petition provided for under this
chapter shall be sponsored by a committee of fir:e__IlgglaterE4L22,ters of the city whose
names and addresses shall appear on the petition. Such petition shall be filed in
the city clerk's office prior to circulation. A petition may consist of one or more
papers, but each separately circulated paper shall contain at its head, or attached
thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, re-
spectively, to initiative, referendum and recall. Each signer shall sign his/her
name and give his/her street address. Each separate page of the petition shall have
appended to it a certificate by the circulator, verified by oath, that each signature
i sthe_genuine signature of the person whose it purports—to-be The person-mal ng
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the certificate shall be a resident of the city and registered to vote.
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Sec. 5.03. Determination of Sufficiency. Within thirty days after the filing with
the city clerk of the information required by section 5.02 of this chapter, the com-
mittee shall file the completed petition in the office of the city clerk. �it in five
days after the filing the petition, th city clerk shall ascertain by examina ion
the number of electors wh e signatures are ppended thereto./
This number shall be at least ten percent for initiative and referendum, and at
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least twenty percent for recall of the total number of electors who cast their votes
at the last regular city election. lThe city clerk s l then have " additional five days
to report to the city council as to t e sufficiency of the petit n4 Upon receiving
the repo , the council shall determine and declare within a fourteen day period
whether or not the petition is aufficient. a-" � S--'613
Sec. 5.04. Disposition of Insufficient or Irregular Petition. If the council
determines that the petition is insufficient or irregular, the city clerk shall deliver
a copy of the petition, together with a written statement of. its defects, to the
sponsoring committee. The committeeshall have thirty days in which to file additional
signature papers and/or to correct the petition in all other particulars, except that,
in the case of a petition for recall, the committee may not change the statement of the
grounds on which.the recall is sought. If at the end of that period the council finds
that the petition is still insufficient or irregular, the city clerk shall file the
petition in the clerk's office and notify the sponsoring committee. The final finding
that the petition is insufficient or irregular shall not prejudice the filing of a new
petition for the same purpose, nor shall it prevent the council from referring the
subject matter of the petition to the voters at the next regular or special election.
Sec. 5.05. Initiative. Consideration by the electorate of an ordinance, resolution
or other measure may be initiated by petition.7 The petition shall state at the head
of each page, or attached thereto, the exac text of the proposed measure. The council
shall enact the proposed measure within y days after the final determination of
the sufficiency of the petition, or p :ce the measure on the ballot at the next election
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occurring in the city.
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If no election is to occur within 120 days after the filing of the petition, the
council shall call a special election to be held within such period, providing the
petition has been found to be sufficient under the provisions of section 5.03 of
this chapter. If a majority of those voting on the measure vote in its favor, it
shall become effective thirty days after certification of the election results, unless
the measure specifies a different effective date subsequent to the certification.
Sec. 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be
construed as in any way affecting the right of the electors to propose amendments to
this Charter.
Sec. 5.07. Referendum. Consideration by the electorate of an ordinance, resolution
or other measure passed by the council may be initiated by petition. The petition shall
state at the head of each page, or attached thereto, the exact text of the measure to
be considered by the electorate. If the petition is found to be sufficient under the
provisions of section 5.03 of this chapter, the subject matter of the petition shall be
placed on the ballot at the next election occurring in the city. If no election is to
occur within 120 days after the filing of the petition, the council shall call a special
election to be held within such period, providing the petition has been found to be
sufficient. If a majority of thevotersvoting thereon favors the measure contained
in the petition, itshall remain in effect. If a majority of the electors voting thereon
votes against the measure contained in the petition, it shall be considered repealed
upon certification of the election results.
Sec. 5.08. Recall. Consideration by the electorate of the recall of any elected
officer of the city may be initiated by petition. The petition shall state at the head
of each page, or attached thereto, a certificate stating the name of the officer whose
removal is sought, the grounds for removal in not more than 250 words, and the intention
of the sponsoring committee to bring about the officer's recall.
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If the petition or amended petition is found sufficient under the provisions of
section 5.03 of this chapter, the city clerk shall 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, solution provide for the holding of a special recall election
net_less than - • . -e a re than.forty-five -days after such meeting, except
if any other election is to occur within �s a ter such meeting,. the council
may in its discretion provide for the holding of the recall vote at that time. The
city clerk shall include with the published notice of the election the statement of
the grounds for the recall and, also, in not more than 500 words, the answer of the
officer concerned in justification of his/her course of office. If a vacancy occurs
due to recall election, section 14.07 herein shall apply to fill said vacancy.
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CRAFTER 6
ATISTRATION-DF CITY AFFAIRS
Sec. 6.01. Administrative Responsibility. The council is the head of the
administration. The council shall appoint a czaradministrator to assist in
the administration of city affairs.
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Sec. 6.02. Duties of the Administrator.
Subdivision 1. The duties of the c;or -administrator of the municipality shall
include the duties of the clerk. The cier -administrator shall give the required
notice of each regular and special election, record the proceedings thereof, notify 1
officials of their elections or appointments to office, certify to the county auditor
all appointments and the results of all municipal elections-. The e administrator
shall also have the duties set forth in the following subdivisions:
Subd. 2. The 94-administrator shall keep a minute book, noting therein all
proceedings of the council. (-4110/4/0
Subd. 3. The c r -administrator shall keep an ordinance book in which he shall
record in their entirety all ordinances passed by the council.
Subd. 4. The r -administrator shall keep an account t book in which he shall
enter all money transactions of the municipality, including the dates and amounts
of all the receipts, and the person from whom the money was received, and all orders
drawn upon the treasurer with their payee and object.
Subd. 5. Ordinances, resolutions and claims considered by the council need
not be given in full in the minute book if they appear in other permanent records
of the clerk, and can be accurately identified from the description given in the
minutes. The -administrator sclerk and bookkeeper of the ,'
municipality, shall be the custodian of its seal and records, shall sign its
official papers, shall post and publish such notices, ordinances and resolutions
as may be required, and shall perform such other appropriate duties as may be
imposed upon him by the council. For certified copies and for filing and entering,
when required, papers not relating to municipal business, he shall receive the fees
allowed-by state law to town clerks; but the council may require the clerk to pay 7'
such fees to the municipal treasury. (ilith the consent of the council, he may appoint
a deputy for whose acts he shall be responsible and whom he may remove at pleasure
In case of the clerk-administrator's absence from the municipality or disability,
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the council may appoint a deputy clerk-administrator, if there is none, to serve
during such absence or disability. The deputy may discharge any of the duties of the
clerk-administrator.
Subd, 6. the mak-administrator shall coevd4mate the administration c j-une-
ti• „ - -,-.s o .ep- n s . a -gfot>)as provided by this Charter and council
action. D. /.
Subd. 7. The clerk-administrator .. •.• •: - - - .u, u•___ ipal
department -,__ er appo e. o ficials, iri-the prepa�atibi-ef reports and
summaries relating to contemplated municipal projects and/or improvements, and
submit them with recommendations,as may be required,to the council for study and
subsequent action.
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Subd. 8.
offs,'she c e administrator shall coordlNate the preparation of an annii 1
fiscal budget and capital improvement plan for submission to the council.(He shall
maintain financial guidelines for the municipality within the scope of the approved
budget and capital program.
Subd. 9. The clerk-administrator shall c prepare ►the annual financial
statement and such other statements that are required by statute.
Subd. 10. The irk-administrator shall attend all council meetings and provide
input to the council. He may attend at his discretion, or by invitation, other
committee and commission meetings.
Subd. 11. The c k-administrator shall - k• ..te, as authorized by the council,
municipal programs and activities.
Subd. 12. The crrk-administrator shall p - •< - • a- er,
e , ..112 submission of periodic reports to the co cil on the financial
condition of the municipal accounts. -" •
Subd. 13. The c e"r -administrator shall supervise the conduct of local elections
in accordance with the prescribed laws and regulations.
Subd. 14. The tle -administrator shall coo a- - - - _ _ .. _ •_
d- -- - -a•s and other appointed officials in t e a.ri is . - = - •. - -_
may advise the council in decisions affecting the employment or removal
of department heads and appointed officials.
Subd. 15. Th administrator shall work in cooperation with the council's
appointed attorney and engineer.
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news releases and and
Subd. 16. Thek administrator shall prepare develop
discuss public relations material with all concerned as required. He/she shall
maintain, along with the rest of the staff, good public relations with the general
public. ,/
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Subd. 17. The eeerk administrator shall consult, as directed by the council,
with appointed officials and with other public or private agencies as may be required.
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Subd. 18. The c k-administrator shall be fully informed regarding federal, state
and county programs which affect the municipality. L> '('")
Subd. 19. The ' t -administrator p cipa.- -with—affected=r eipal
department *--e-, :. = • i a,-.iu_aadv & =the council on the terms and
conditions of employee labor contracts for presentation to the council. -
C ikt
Subd. 20. The clerk administrator shall prepare an annual report to inform the
public about the financial condition of the city. -'2 `4' �� IL 1
Subd. 21. The Bak-administrator shall perform all other duties required of him
by the council. -
Sec. 6.03. City Treasurer. The council shall appoint a treasurer. This office
shallbeseparatefrom thatof___the__clerk-administrator. The duties of the treasurer
r - i
shall be as specified by state law, this Charter and the city. council.
- Sec. 6.04. Administrative Organization. n , 5 `
Subdivision The city council int appoint heads of departments, and such
other and further officers and personnel as may be required to operate the city
1
efficiently. The city council shall determine the qualifications thereof and prescribe
the duties to be performed by each, except as otherwise prescribed in this Charter.
sc„67-4'741(✓ (O- 'u
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Subd. 2. Department heads an o er appointed officials are directly responsible
to the council While they •: make decisio of a daily routine nature in operation
of their departments, all •uestions of major polio must be referred to the council
itself.
Subd. 3. Department heads perform the folio a•ks: long and short term
department planning; organization; di - tion an• oordination of the work load; re-
porting in person at frequent intervals to . ).• the council and the general public;
budgeting, both preparation and execut'•n. In fill ing these tasks, department
heads shall coordinate the activi 'es of their departments - the clerk-administrator.
Sec. 6.05. Attendance if Officials at .uncil Meetings. The heads of departments,
and any other employees of the c . s Al attend a meeting of the council at which
their presence is requested by the c' ci-
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CHAPTER 7
TAXATION AND FINANCES
Sec. 7.01. Council to Control Finances. The council shall have full authority
over the financial affairs of the city except as limited or prohibited by the state
constitution, state laws, or this Charter. It shall provide for the collection of
all revenues and other assets, the auditing and settlement of accounts, and the
safekeeping and disbursement of public moneys:
Sec. 7.02. Fiscal Year. The fiscal year of the city shall be the calendar year.
Sec. 7.03. System of Taxation. Subject to the state constitution, and except as
forbidden by it or by state law, the council shall have full power to provide by
ordinance for a system of local taxation. This authority includes the power by
ordinance to assess, levy, and collect taxes on all subjects or objects of taxation
except as limited or prohibited by the state constitution, by this Charter or by
state laws imposing restrictions upon the city irrespective of Charter provisions.
Sec. 7.04. Submission of Budget. Subdivision 1. Annually the city gaff shall
submit to the council jos budget estimates in accordance with a budget calendar to 4,,4
Fico r w ��~ �c-
_be_established by ordinance or, in the absence of ordinance_, ._ September 1. budget
shall provide a complete financial plan for all city funds and activities for the
ensuing fiscal year and, except as required by state law or this Charter, shall be
in such form as the council may require. It shall include a summary and show in
detail all estimated income and all proposed expenditures, including debt service
and comparative figures for the current fiscal year, actual and estimated, and the
preceding year.
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In addition to showing proposed expendit -s for urrent operations, it shall show
proposed capital expenditures to be made d he year and the proposed method
of financing each such capital expenditure. For each utility operated by the city,
r\yr .-the budget shall show anticipated net surplus or deficitand the proposed method
of its disposition; and subsidiary budgets for each such utility giving income and
expenditure information shall be included or attached as appendices. The total
proposed operating budget to be provided from the property tax shall not exceed
the amounts authorized by state law and this Charter. Consistent with these pro-
visions, the budget shall contain such information and be in the form prescribed by
ordinance and by state law.
LP• ,At least two weeks before the udge is ;ted for the ensuing fiscal
year, - ---• • a e -• e •er , the counc' shall cause to be mailed to
residents of the citY-a-s_umIIraxy, in draft f , of the ..L cial .an. Such summary
shall be set forth in language desi to be readily understoo. .y the layman, and
e. .e-- _ = - _ _ __ _-- .- _ , shall provide appropriate
supporting information as to the necessity for any increase in the budget over the
total fohe'current fiscal year.,
;
Sec. 7.05. Long-term Financial Plan. Subdivision 1.
if 3ucli there be, - _ --_-- - -.-: .. ■ - - . -____-._-=-nlong-term
financial plan , commencing with the calendar year
1980. The council shall hold a public hearing on the long-term financial plan and
adopt it by ordinance with or without amendmentThe
financial plan shall consist of four elements as specified in subdivisions 2 - 5
which follow.
Subd. 2. The Public Services Program. The program shall be a five-year plan
for all public services, estimating future needs for recreation, fire protection, •
police protection, and so on.
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It shall measure the objectives and needs for each city department, the standard
'
of services desired, and the impact of each such service on the annual operating
budget.
Subd. 3. The Capital Improvement Plan. This program shall consist of projects
and facilities that are or will be needed by the city in carrying out the anticipated
program of public services. It shall include a list of all capital improvements
proposed to be undertaken during the next five fiscal years, with appropriate
supporting information as to the necessity for such improvements; cost estimate,
method of financing and recommended time schedule for each such improvement; and
the estimated annual cost of operating and maintaining the facilities to be constructed
or acquired. This information shall be revised and extended each year for capital
improvements still pending or in process.
Subd. 4. A Long-term R Program. This program shall consist of a tentative
yam e policy which describes long-term plans for fiaanang public services and
capital improvements.
Subd. 5. The Capital Budget. This program shall be a summary of the basis of
' '\, a five eing year period of the capital or money requirements for the above de-
scribed-programs. It-shall-list a-priority for each--ant icipated--inve stmentin
community facilities and balance this with a consideration of the availability of
necessary revenues. y�-1
Subd. 6. = . -- - -_ t_- - , the council shall cause to
v be mailed to residents of the city a summary of the features of the long-term
, financial plan prepared as provided in subdivisions 2 - 5 of this section. The
summary shall be set forth in language designed to be readily understood by the
layman.
•
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JSSec. 7.06. . Council Action on Budget. The budget shall be considered at the
first regular monthly meeting of the council in September and at subsequent meetings
until a budget is adopted for the ensuing year. The meetings shall be so conducted
as to give interested citizens a reasonable opportunity to be heard. The council
may revise the proposed budget but no amendment to the budget shall increase the
\If
authorized expenditures to an .mount greater than the estimated income. The council
shall adopt the budget not later than the first week of October by a resolution that
hall set forth the total for each budgeted fund and each department with such
segregation as to objects and purposes of expenditures as the council deems necessary
for purposes of budget control. The council shall also adopt a resolution levying
the amount of taxes provided in the budget, and the clerk shall certify the tax
resolution to the county auditor in accordance with state law not later than October 10.
Adoption of the budget resolution shall constitute appropriations at the beginning
of the fiscal year of the sums fixed in the resolution of the several purposes named.
Sec. 7.07. Enforcement of the Budget. The city council shall enforce strictly
the provisions of the budget. It shall not authorize any payment or the incurring
of any obligation by the city unless an appropriation has been made in the budget
resolution,, and there is a sufficient unexpended balance after deducting the total
past expenditures and encumbrances against the appropriation. No officer or employee
of the city shall place any order or make any purchase except for a purpose and to the
amount authorized in the budget resolution. Any obligation incurred by any person
in the employ of the city for any purpose not authorized in the budget resolution,
or for any amount in excess of the amount authorized, shall be a personal obligation
upon the person incurring the obligation.
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No check shall be issued or transfer made to any account other than one owned
I
by the city until the claim to which it relates has been supported by an itemized
bill, payroll, or time sheet or other document approved and signed by the responsible
city officer who vouches for its correctness and reasonableness
Sec. 7.08. Alterations in the Budget. After the budget resolution has been
adopted, the council. shall not exceed the amounts fixed in the resolution beyond
the estimated receipts except to the extent that actual receipts exceed the estimate.
At any time the council may, by resolution approved by a majority of its members,
reduce the sums appropriated for any purpose by the budget resolution, or authorize
the transfer of sums from unencumbered balances of appropriations in the budget
•
resolution to other purposes.
Sec. 7.09. Funds. There shall be maintained in the city treasury a general
fund and such other funds as may be required by state law, ordinance, or resolution.
The council may, by resolution or ordinance, make inter-fund loans, except from
trust and agency funds, as it may deem necessary and appropriate.
Sec. 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections
7.11 and 7.12, no obligations shall be issued to pay current expenses, but the
council-may- issue-and sell--obligations--for any--other municipal-purpose inaccordance -
with state law and within the limitations prescribed by law.. Except in the case
of obligations for which an election is not required by this Charter or by state
law, no such obligations shall be issued and sold without the approval of the
majority of the voters voting on the question at a general or special election.
Subd. 2. The council shall cause to be mailed,,to residents of the city a de-
scription of each proposed issue of an obligation it-i,„4 ti yu%V "4`�""
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e Such description shall include the purpose, type, amount, term d estimated
interest rate:of the ligation, whether or not the faith credit of the city
is to be pledged for the'•*obligation, the. classificati by location or otherwise
of the taxpayers who are to be taxed or assessed fbr the obligation, an estimate
of the cost of the obligation to representative taxpayers, and to what extent the
proposed issue meets or bears relationship;to the needs of the city as defined
pursuant to Section 7.05 of this Charter. Additionally, the mailing shall include
•
a prominently displayed notice that„ over a 10 day period during business hours,
a record book will be maintained'at the office of the clerk-administrator wherein
affected taxpayers, upon presenting identification, may record their signatures
as in favor of or adverse, o the proposed issue:, The record book shall be permanently
•bound with serially numbered pages, and shall be retained as part of the public
records of the city; After the close of the 10 day p riod for the opinion poll,
the council shall"`cause a summary of the proposal and thh poll results to be dis-
tributed
to as many residents of the city as is feasible. his distribution shall
be made at least 2 weeks before a public hearing is held or af 1 decision is
made by the council on the proposed issue. The provisions of this ction shall
not apply to the issuance of obligations undertaken under Section 3.06 of the
S
Charter, or to the funding of improvements which have been petitioned for by all
o Lthe owners in frontage of the real property abutting on the streets namedinthe
petition as the location of the improvement.
Sec. 7.11. Anticipation Certificates. At any time after January 1, the council
may issue certificates of indebtedness in anticipation of state and federal aids
and the collection of taxes levied the previous year for any fund and not yet
collected.
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a
Me total amount of certificates issued against any fund for any year together
with interest thereon until maturity shall not exceed 90% of the total state
and federal aids and current taxes due to the fund and uncollected at the time
of issuance. Such certificates shall be issued on such terms and conditions as
the council may determine, but they shall become due not later than April 1 of
the year following their issuance. The proceeds of the tax levied and such state
or federal aids as the governing body may have allocated for the fund against
which tax anticipation certificates are issued, and the full faith and credit
of the city shall be irrevocably pledged for the redemption of the certificates.
Sec. 7.12. Emergency Debt Certificates. Subdivision 1. If in any year the
receipt from taxes or other sources should from some unforseen cause become in-
sufficient for the ordinary expenses of the city, or if any calamity or other public
emergency necessitates the making of extraordinary expenditures, the council may
by ordinance issue, on such terms and in such manner as the council determines,
emergency debt certificates to run not to exceed three years. A tax sufficient to
pay principal and interest on such certificates with the margin required by law
shall be levied as required by law. The ordinance authorizing the issue of such
emergency debt certificates shall state the nature of the emergency and be approved
by at least-'-three-members-of the council. It-may---be passed -as--an- --emergency o-- ----ante: --
Subd.-2. For each issue of an emergency debt certificate, th- ty council shall
make a full report the residents of the city as s..- after issuance of the
certificate as is feasible. `Sued report - al include a statement of the nature
of the emergency, the purpose, . .• i t, interest, rate, and term of the certificate,
the estimated cost to representative taxpayers, and toW-haat exte t the issue meets or
bears relationship-€o the needs of the city as defined pursuant to Section .-05 of
I.
this Charter. •
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CHAPTER 8
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Sec. 8.01. Power to make Improvements and Levy Assessments. The city may
make any type of public improvement not forbidden by law and levy assessments to
pay all or any part of the cost of such improvements as are of a local character.
The total assessments for any local improvement, including all costs and expenses
connected therewith, with interest charges not to exceed the actual cost to the city.
No assessment shall exceed the benefits to the property.
•
Sec. 8.02. Assessments for Services. The council may provide by ordinance that
the cost of city services to streets, sidewalks, or other public or private property
may be assessed against property benefited and collected in the same manner as special
assessments.
Sec. 8.03. Local Improvement Procedure. When the city undertakes any local
improvement to which the state local improvement code applies, it shall comply with
the provisions of that law and with the public informational provisions of Section 8.04
of the Charter. The council may by ordinance prescribe the procedure to be followed
in making any_other_local_improvement and_levying_assessments therefor, providing that
such procedure is consistent with the other provisions of thist ter.
Sec. 8.04. Public Informational Provisions./For each proposed public improvement,
V1) ))
the city shall mail a description of the proposal to the owners of the real property
to be benefited. Such description shall set out the purpose, scope, construction
timetable, proposed means of financing, estimated total cost, the basis for all?_g_gtion
of cost among different classifications of property, the extent to which undeveloped
property is to, be assessed on the basis of its and use classification, the estimated
LOCI
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cost to representative property owners, and to what extent theproposed improvement
meets or bears relationship to the needs of the city as defined pursuant to Section
7.05 of this Charter. A map shall be included to supplement the designation of the
boundaries of the proposed improvement. Additionally, the mailing shall include a
prominently displayed notice that, over a 10 day period during business hours, a
record book will be maintained at the office of the clerk-administrator wherein
affected property owners, upon presenting identification, may record their signatures
as in favor of or adverse to the proposed improvement. The record book shall be
permanently bound with serially numbered pages, and shall be retained as part of
the public records of the city. After the close of the 10 day period for the opinion
poll, the city council shall cause a summary of the proposal and the poll results
to be distributed to as many residents of the city as is feasible. This distribution
shall be made at least 2 weeks before a public hearing is held or a final decision
is made by the city council on the proposed improvement. The provisions of this
section shall not apply to public improvements undertaken under Section 3.06 of this
Charter, or to improvements which have been petitioned for by all of the owners in
frontage of the real property abutting on the streets named in the petition as the
location of the improvement.
1
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CHAPTER 9
EMINENT DOM
L41119
Sec. 9.01. Acquisition of Property The city may acquire by purchase, gift,
condemnation, or otherwise, any roperty, 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. A least two weeks b fore a public
he ing is held o a final dec Sion is made by the 'icy council on th acquisition
of the property, formation s 1 be distributed to a many residents f the city
as s feasible, • g the purpos of the acquisition, e estimated cos to the
cit both immediativ and long range, the proposed method o financing, and o what
ext t the acquisit'on meets or bears lationship to the n eds of the city s
de ' ed pursuant to ection 7.05 of thi Charter.
J '
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CHAPTER 10
FRANCHISES CAr"
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Sec. 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 811 the terms and conditions of the
franchise. The grantee shall bear the costs of publication of the franchise
CA
ordinance and shall make a sufficient deposit with the clerk to guarantee pub-
lication before the ordinance is passed.
Sec. 10.02. Term. No perpetual franchise or privilege shall be created, nor
shall any exclusive franchise or privilege bbr
e�granted for a period of more than
twenty-five years. ji 0"`�
Sec. 10.03. Public Hearing. Before any franchise ordinance is adopted or any
rates, fares, or prices to be charged by a public utility are fixed by the council,
the council shall hold a public hearing on the matter. Notice of such hearing shall
be published at least once in the official newspaper not less than ten days prior -
to the date of the hearing. -
•
Sec. 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, fares, 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.
Sec. 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.
•
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CHAPTER 11
PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Sec. 11.01. Acquisition and Operation of Utilities. The city may own and
operate any gas, water, heat, power, light, telephone or other public utility
for supplying its own needs for utility service, or for supplying utility service
to private consumers or both. It may construct all facilities reasonably needed
for that purpose, and may acquire any existing utility properties so needed; but
such action may only be taken by ordinance, which shall not be an emergency ordin-
ance. (The operation of all public utilities owned by the city shall be under the
supervision of the city council. ) F�c�5r� ""sc sy Ste-"`'
Sec. 11.02. Rates and Finances. The council may by ordinance fix rates, fares
and prices for municipal utilities, but such rates, fares and prices shall be just
and reasonable. The council shall endeavor to make each municipal utility financ-
ially self-sustaining. 5Before any rates, fares or prices for municipal utilities
shall be fixed by the council, the council shall hold a public hearing on the matter
in accordance with Section 11.06 of this chapter. The council shall prescribe the
-----S
time and the manner in which payments for al such utility services shall be made,
—and may make such-other regulationsasmay be-necessar-y, -and-prescribe-penalties for-
violations of such regulations. d/_- -(-`---14— 4"
Sec. 11.03. Purchase in Bulk. The council may in lieu of providing for the local
production of gas, electricity, water and other utilities, purchase the same in bulk
and resell them to local consumers at such rates as it may fix. (Before such rates
are fixed by the council, the council shall hold a public hearing on the matter in
accordance with Section 11.06 of this chapter. C4 e
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Sec. 11.04. Lease of Plant. The council may, if the public interest will be
served thereby, contract with any responsible person, co-partnership or corporation
for the operation of any utility owned by the city upon such rentals and conditions
as it may deem necessary; but such contract shall not be an emergency ordinance.
In no case shall such contract be for a longer term than ten years.
Sec. 11.05. Public Utility. How Sold. No public utility owned by the city
shall be sold or otherwise disposed of by the city unless the full terms of the
proposition of said sale or other disposition thereof, together with the price to
be paid therefore, shall be embodied in an ordinance approved by a majority of the
registered voters voting thereon at a general or special election.
Sec. 11.06. Notice of Public Hearings. Notice of public hearing required by this
chapter shall be published at least once in the official newspaper at least ten days
prior to the date of the hearing. Additional notice of such public hearings may be
given in such manner as the council may determine.
Nit- /`''(/:"
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MEMORANDUM
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TO: All members of the Mounds View City Council
Mounds View City Attorney
General Counsel, League of Minnesota Cities
Mounds View Clerk Administrator
Chairpersons of all City Commissions:
Planning Commission
Park and Recreation
Lakeside Park
Human. Rights
Police Civil Service
Festivities
Safety
President Mounds View J. C. 's
President Mounds View Lions
President M.V. League of Women Voters
President M.V. Senior Citizens
FEtOM: Mounds View Charter Commission
DATE: July 17, 1979
SUBJECT: DRAFT OF FIRST THREE CHAPTERS OF PROPOSED CITY CHARTER
The attached draft of the first 3 chapters (out of 12)
of the proposed City Charter is being submitted to you for
your review. We welcome any couuuents you may wish to make,
• and request that they be returned to us c/o City Hall by
August 1, 1979.
Our regular Commission meetings are held the 4th Wednesday
of each month at 7:30 P.M. at City Hall.
Submitted: Ruth White
Secretary
I
CHARTER
CITY OF MOUNDS VIEW, MINNESOTA
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CHAPTER 1
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,,�� NAME, BOUNDARIES, POWERS
v-' AND GENERAL PROVISIONS
eS
Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County,
Minnesotas�hail continu to be a municipal corporation under that name and
with the same boundaries as now are or hereafter may be established.LThe
1
q city clerk shall keep in his/her office - _ -.- _ -es.-. e - el .-..-ter-v i-th
amendments d=-steal- copy an accurate up-to-date description
of the boundaries. The copies - .-- e'-,:. - -, ..---r.-- , and boundary de-
scriptions shall be available for public inspection at any tine during regular /
office hours. >
-6'4 - _-.. .mss-,tee„ 41, iA,•6-e-- cl2e9-`` ("- /Yt-'--ze j t-
<< SLA2 ',— .1 --1) 4-ket, Z✓.. c " 0 .:6-e-<;-----
Sec.
v-Sec. 1.02. Powers of the City. 67e city shall have all powers which it may
now or hereafter be possible for a municipal corporation in this statetexercise
in harmony with this Charter and with the constitutions of this state and of the
United States.(ft is the intention of this Charter to confer upon the city every
tc.t:"L)-? .._,.Z,tic(::
power which it would have if it were specifically mentioned) (The Charter shall
)(/
be construed libera_ll 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.) -- - _ --• • •ie- • a- • . i - -•- ldy,
all-powers-are-vested in the--city..council._ r�, '- f. ; ' l,%:' .-- .� i___,...<__
LSec. 1.03. Charter a Public Act. This Charter shall be a public act and need
not be pleaded or proved in any case. - G G -ael a, "`` - -.- C
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CHAPTER 2 ) ?4 4
/v-> FORM OF GOVERNMENT „sem
Sec. 2.01. Form of Government. e form of government established by this
v Charter is the 'Mayo Council Plan Except as otherwise provided by state law
,X.
or this Charter, all powers of the city are vested in the council. --t-Le4-6- t`?
-) et-1. :,or,i:ezJ &
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Sec. 2.02. Boards and Commissions. There shall be no separate administr tine
, board of health, library board, or any other administrative board or cammission
,r\.
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except for the administration of a function jointly with another political sub-
5 division)The council shall itself be and perform the duties and exercise the
f)
t powers of such boards and commissions provided for by state law. The council may,
c} �
however, establish by ordinance boards or commissions to advise the council with
respect to any municipal function or activity, to investigate any subject of
7
interest to the city, o to perform quasi-judicialmfunctions. 7 , >e
(44? �, a-is-At, ✓t`A! ..L %%l -- "(�-tit fit' .�L%,.) 61�
orSec. 2.03. Council Composition and Election. The council shall be composed of
a mayor and four councilmembers who shall be qualified electors. A councilmember
shall be elected at large and shall serve for a term of four years and/or until
The
a successor is elected and qualifies. mayor shall serve fora term o two )
years and/or until a successor is elected and qualifies. e
'7Z--)
60
Sec. 2.04. Incompatible Offices. No member of the council shall hold any \ 'j
54,1_,r
paid municipal office or employment through the city other than that to which
elected. Further, until one year after the expiration of his/her term, no mayor
or councilmember shall be appointed or employed by the city in a compensated position.
ed, increased, durirng his/her term
asmayor-or councilmember.
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Sec. 2.05. . Vacancies. A vacancy in the council, whether it be in the office
of mayor or councilmember, shall be deemed to exist in case of the failure of any
person elected thereto to qualify or by reason of the death, resignation, removal
from office, ceases to reside in the city, continuous absence from the city for
mor9, than three months, or conviction of a felony,o� any such person after his/her
electionby reason of the failure of any councilmember without goof ca2; to , J)
perform any of the duties of membership in the council for a period of three months/
In each such case the council shall by resolution declare the vacancy to exist.
Sec. 2.06. The Mayor's Power and Duties. Subdivision 1. The mayor shall preside
( )) at meetings of the council and shall have a vote as a member. The mayor shall be
;;cognized 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 shall have no administrative duties. The council shall choose from its
L 0 j2(
u- v members the acting mayoho shall hold office at the pleasure of the council. An
acting mayor shall serve as mayor in the mayor's absence and as mayor in case of the
mayor's disability or absence fro/jj"j the city. I
�..jµ (y,/�if' /1Z J 7J'� 4L G G•�� �'J,
�ubd. 2. ` C' nsistent with the/res�ppn�sbil �fi to accept consider ble lea•erslip
's.�
over the general cond ct of cityjAf4irs, the mayor may' st dy the operations of the
city government and recommend desirable changes andafrprovenents to the council. The
mayor l talso deliver messages to the council and the public, including a compre-
hensive message on the state of the city as soon as practicable after the begin-
ning of each year of his/her tern of office. ` 1,14 ` .� ? � �" C
F4-4 lei:,___._ b _
Sec. 2.07. Salaries. The mayor and councilmembers shall receive such com-
pensation as is fixed by the council in accordance with state law. Any increases
in such compensation shall not become effective until after the next municipal
election.
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Other officers and employees of the city shall receive such salaries or wages as
may be fixed by the council. u.. 11
Sec. 2.08. Investigation of City Affairs. iTThe council may make investigations
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 evidencehe council shall provide for an audit of
the city's accounts at least once a year e •__ e.-e -- . . e -. -h
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wAe Z er-e a�public accountant ? At any time the council may provide for an exam-
ination 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
these purposes, councilmembers shall be assigned as liaison to city departments.
Their assignments shall be rotated periodically and shall involve no administrative
, ri- / / 4 - /1-4.1--- ---`-- i
:Ilio responsibility. ( L. G
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COUNCIL PROCEDURE
4,44..,,,...--
/ Sec. 3.01. Council Meetings.Olhe council shall meet regularly at least twice
1
month at such times and places as the council may designate by rulee mayor
teach
or any two members of the council may call special meetings of the council upon at
�� least twenty-four hours notice to each member and such reasonable
y- public notice as
d may be prescribed by council rule in compliance with the laws of Minnesotaeo
the extent pro 'ded by law, all meetings of the council and its committees shall
be public, y 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.
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Sec. 3.02. Secretary of ►ouncil. The city c k shall act as secretary of the
council. The" secretary shall . eep a j.00+e; o \ until proceedings and perform such
other duties as this Charter or co'A '1 may require. In the absence of the city
clerk, the council may designate ., y other city official or employee, except a memberc7(----------of the council, to act as secretary of the council. ��`
:; /,-
Sec. 3.03. Rules of Procedure and Quorum. The council shall determine its own
rules and order of business. A majority of all members shat , constitute a quorum,*,
bait a smaller number ii., >_;-_.-
s r '- • 1m - . )The council may by rule provide
means by which a minority may compel the attendance of absent members in accordance
fAev_e_i_li --7
with state law. 7 1 ,�.�„�Lit
j6,_.
Y 0 Sec. 3.04. Ordinances, Resolutions, and otions. € Except as otherwise providedrw`
in this Charter, legislation shall be by ordinance The votes of councilmembers ti
on any action taken shall be recorded in accordance with state law. Faeept ac other-
1-611-
wis- : anter, an affirmative vote o •- • _ - • " - council
it shal't`bei `f or t e a•op ion • . • •■■ - ces and resolutions. 4
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Sec. 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented
in writing. No ordinance shall contain more than one subject. Such subject shall
be clearly_ expressed in its title. The enacting clause shall be, "The City of Mounds
View ordains." (To ordinance, except an emergency ordinance, shall be adopted at the
meeting at which it is introduced and at least 14 days shall elapse between its in-
troduction and final passage. ri- ✓ -----_,,,,4,--�°�',=f
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.
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An emergency ordinance must be approved by a majority of available members of the
xy
V city council. An emergency ordinance must be in writing but may be enacted without
Nprevious filing or voting, and may be passed finally at the meeting at which it is
first introduced and voted upon by the council. An emergency ordinance shall remain
in effect for the duration of the emergency and shall become void when the emergency
�y,i no longer exists. No prosecution shall be based upon the provisions of an emergency
ordinance until 24 hours after the ordinance has been passed, filed with the city
clerk, and has either been posted in three conspicuous places in the city, ublished
,as provided for in__ths_,Cher, o the person charged with violation thereof had
actual notice of the ordinance prior to the act or omission resulting in the pros-
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Sec. 3.07. Procedure on Resolutions. Every resolution shall be presented in
writing and read in full before adoption. 9 ej )
Sec. 3.08. Signing and Publication of Ordinances rid Resolutions. Every ordinance
or resolution passed by the council shall be signed by the mayor, and attested to,
Nfiled and preserved by the city clerk. Every ordinance shall be published at least
once in the official newspaper. To the extent and in the manner provided by law,
w�\ J)\1 \ ann-ordinance-may-incorporate__b_y__reference_the_following_published materia l,_or part _-_
thereof, without publishing the material in full: (a) state'laws, (b) state admin-
istrative rules or regulations, (c) state or municipal codes, or, (d) municipal ordinances.
Sec. 3.09. When Ordinances and Resolutions take Effect. Every resolution and
emergency ordinance shall take effect immediately upon its passage or t such later
date as it specifies. Every other ordinance shall take effect 30 after approval
or at such later date as it specifies
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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.3
Sec. 3.10. Amendment and Repeal of Ordinances and Resolutions. Subdivision 1.
p,V
An ordinance or resolution which repeals all or part of a previous ordinance or
resolution shall give the number, if any, and the title of the ordinance or reso-
lution to be repealed in whole or in part. No ordinance or resolution shall be
amended by reference to the title alone, but an ordinance or resolution which amends
such 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
it) II 11
or added. Amendment or repeal of an ordinance shall require a vote of the council.
Any proposed- • •inance or resolution which conflicts with or changes the intent or
1 requirements of an existing • ... - o --solution shall be considered an amendment
of an ordinance or resolution and, therefore, s- :. be subject to this section
o
Subd. 2. An ordinance passed under the initiative or referendum power shall not
be repealed or amended by the council except by approval of the voters.
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'Revision and Codification of Ordinances and Indexing of Resolutions.
3.11. /,,:s? g
The city ha l revise, rearranges, and codify its ordinances and index its resolutions
`\--with-such additions and deletions as-may- be--deemed--necessary-at least--once--every-two
4 ‘...____________,
years. The ordinance code and resolution 7 de may be published in book, pamphlet,
or loose-leaf form, and copies shall be made available by the council at the office
X, of the city clerk for general distribution to the public for a reasonable charge.
Incorporation in such a code shall be a sufficient publication of any ordinance pro-
vision not previously published,?if a notice is placed in the official newspaper for
at least two successive weeks that copies of the codification are available at the
A
office of the city clerk. 1,,o , X61 4'Leiv`- -
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