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HomeMy WebLinkAbout11-16-1993 MOUNDS VIEW CHARTER COMMISSION MINUTES NOVEMBER 16 , 1993 I . Call to Order Chair Len Burgers called the meeting to order at 7 : 05 p . m . in the Mounds View City Hall . II . Roll Call Present : Lloyd Bardwell , Virgil Beyer , Len Burgers , Jerry Linke , Dave Long , Richard Oman , Laurie Schley , Julie Trude , Bill Werner , Arlene Werdien and Ruth White . Absent ( excused ) : Sue Hankner , Duane McCarty and Bob Toborg . III . Approval of Minutes Motion by Jerry Linke , second by Virgil Beyer to approve the Minutes of the October 26 , 1993 meeting as submitted . Motion passed with 8 ayes and 2 abstentions ( 1 member arrived after this vote ) . IV . Meeting Schedule Upon the motion of Jerry Linke , seconded by Dave Long, the commission voted unanimously to approve the following schedule of regular meetings : January 11 & 25 February 8 & 22 March 8 & 22 with all meetings beginning at 7 p .m . ( on Tuesdays ) at City Hall . This motion continues the schedule of meeting on the second and fourth Tuesdays of the month . V . Discussion of Appointment Process Secretary Julie Trude informed the commission that the court administra for the Chief Judge of Ramsey County Court had received Ray Vandeveer ' s resignation due to his recent move from the city . The court administra asked the secretary to discuss with the commission how the vacancy should be filled . There were 3 current applications on file with the court . After discussing possible policies the consensus of the commission was to stay out of the recommendation process and allow the court to fill the vacancy as it best determined . This decision would be conveyed to the court by the secretary so the vacancy can be filled . VI . Chair ' s Report The Chair presented a brief verbal report of the commission ' s review process of the existing charter which began in September 1992 and will continue into 1994 . The Chair noted that the Charter is being reviewed to comply with state law and the changing conditions of the city . He noted that the commission had adopted new by-laws and had re-written substantial portions of the charter . A regular schedule of meetings would be followed until all chapters had been re-written and submitted to the public and City Council . Motion by Jerry Linke , seconded by Virgil Beyer , to accept the Chair ' s Annual Report . Motion passed unanimously . The Chair offered to provide the commissioners with a written report in the near future . VII . Charter Review - Chapter 8 ( Nov . 6 , 1993 re-draft ) The commission thanked Laurie Schley for re-drafting Chapter 8 in addition to Chapters 1 , 3 and 7 . Laurie announced that since her baby is due at about the time of the next scheduled meeting in January , she hoped there would not be a need for substantial revisions . Working from the re-draft ( dated November 6 , 1993 ) , the commission approved Sections 8 . 01 , 8 . 02 & 8 . 03 . Section 8 . 04 was re-organized and written by Laurie Schley to meet the goals of the commission . Following a brief discussion , the commission decided to revise §8 . 04 , subd . 1 ( 2 ) by deleting the reference to cost estimates . Laurie Schley explained that she added the language at the end of subd . 4 ( §8 . 04 ) because it is authorized by state law . Section 8 . 05 was explained . Petitions against public improvements can only be effective when the project is initiated by a 4/5 council vote and is to be wholly ( 100% ) financed by special assessments . The commission decided to set aside for further consideration whether "wholly financed " should be changed to some percentage financed by special assessments such as 75% or some other percentage because seldom could a project require 100% special assessments . VIII . Agenda for January 11 , 1994 AGENDA - Jan . 11 , 1994 , 7 p . m . : 1 . Review Chapter 11 2 . Review Chapter 12 . IX . Adjournment Upon the motion of Jerry Linke , seconded by Virgil Beyer , the commission voted unanimously to adjourn at 8 : 32 p . m. Respectfully submitted , Julie Trude , Secretary J I CHAPTER 8 . PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Revised 10/20/93 by Jerry Linke Section 8. 01. Power to make Improvements and Levy Assessments. The City may make any type of public improvement not forbidden by law and levy special 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 may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. Section 8 . 02 . Effective Charter Provisions. All local improvements (the term "local improvement" Shall means a public improvement financed partly or wholly from special assessments against benefitted properties) Shall be carried out exclu3ively under the provisions of this Charter, or state law. Section 8. 03 . Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes into effect, The Council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment Districts, public hearings, appeals from a collection 4111 of assessments, penalties for delinquency in making payments, financing of said assessments, and the certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, re-assessment, if necessary, and all other matters appropriate to the subject of • local improvements and assessments per provisions of this Charter and State Law. After the adoption of such ordinancc(s) providing for local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in thi3 Charter. Section 8 . 04 . Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be instituted by either; (1) the petition of at least twenty five thirty-five percent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council. proposed improvement, and shall provide means to obtain a cost - _ - - _ = 1 thereof. Upon receipt of such e3timatc, the • council shall by resolution set a date for a public hearing on the • purpose of Such hearing. Such rc3olution Shall be dc3cribcd in the City New3lettcr and published twice at lea3t one week apart in the official ncw3lctter of the City no 1c33 than two wcck3 prior to the date of the said hearing, and in addition thereto, a copy of such rc3olution including estimated unit pricc3 and c3timatcd total price thereof shall be mailed to each benefited property owner at his/hcr la3t known addre33 at lca3t twe weck3 prior to the date of hear any petitioners for or again3t the prepo3cd improvement. A any further action shall be taken by the Council on the propo3cd Such improvement be filed with the Council, Signed by a majority - for the improvement, or when the improvement ha3 been petition : _ - , _ - - ©wncr3 proposed to be assessed for such improvement at least equal to the number of those who petitioned for the improvement, the Council shall not make such improvement at the cxpen3c of the by property owners proposed to be- a3scssed for3uch improvement at improvement; in which event the Council may disregard the petition against the improvement. Any per3on whose name appears on a • petition to the Council for a local improvement, or on a petition against a local improvemcnt, may withdraw his/hcr name by a otatcmcnt in writing filed with the Council before such petition is prc3ented to the Council. Before the Council awards a contract for an improvement, or before the Council shall have the power to assess any portion of the cost of an improvement to be made under a cooperative agreement with another political subdivision for sharing the cost of making such improvement, the Council shall hold a public hearing on the proposed improvement. The hearing shall follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost, both in tial and in unit costs, and the area proposed to be assessed. The two publications in the official newspaper shall be a week apart and the hearing shall be at least three days after the last publication. Not less than 10 days before the hearing, notice thereof shall also be mailed to the owner of each parcel within the area proposed to be assessed, but failure to give mailed notice or any defects in the notice shall not invalidate the proceedings. The Council shall secure from the city engineer or some competent person of its selection a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended; but no error or omission in such report shall invalidate the proceedings unless it materially prejudices the interests of an owner. The Council may also take such other steps • prior to the hearing, including, among other things, the preparation of plans and specifications and the advertisement for bids thereon, as will in its judgment provide helpful information in determining the desirability and feasibility of the improvement. The hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing. The resolution ordering the improvement may reduce, but not increase, beyond 10 percent, the extent of the improvements as stated in the notice of hearing. Whenever all owners of real property abutting upon any street named as the location of any improvement shall petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. Subdivision 2 . Regardless of the provisions in Subdivision 1, when le33 more than 100 10 percent of the estimated cost of a proposed local improvement is to be paid for by opccial assc3smcnt a general tax levy for that proposed improvement, within the oixty thirty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the number of electors who voted for mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the Council shall not proceed 111 with the improvement, as proposed. Subdivision 3 . When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at any time between Sixty thirty days and one year after the public hearing on the improvement, unless a different time limit is specifically stated in the resolution ordering the improvement. IIowever, no eent-ract shall be lct in thc event that thc current proposed contract exceeds thc estimated cost by more than ten percent. Subdivision 4 . When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Section 8 . 05. Assessments for Services. The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property, as allowed by law, may be assessed against property benefitted and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8. 03 of this chapter. G/z2/13 I CHAPTER 12 • • MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12 .01 Official Publication. The council shallmust annually designate 4 at least one legal newspaper ofiiiiiigeneral circulation in the city as its official newspaper in which all e published city officials must publish ordinances and other i atters required by law and this charter to tae so publ shed,, which this charter and other Taw require to Be so published, as well as such other matters as the council thwaleaaaltoth chooses, considering the public interest, to publish inthisiiimanner. Section 12 .02 Oath of Office. Every officer of the city shall must, before t r z pon undertaking the duties of this/her office, take and subscribe-an—bath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (mayor, councilmember, clerk-administrator, etc. ) of the City of Mounds View to the best of my judgment and ability" . Section 12.03 City Officers not to be Interested in Contracts. Except as otherwise permitted by state law, no officer of the, city, who is authorized to take part in any manner in any contract with the city, oax may voluntarily have a personal 1111 financial interest in or personally financially benefit from such contract. oppaogally4ohownowiglaystwow004. ... Section 12 .04 Official Bonds . The clerk-administrator, the city treasurer, and 'suh any other officers or employees of the city ; be>prov i d>forbEediiance as ordinance may require, must each;' before a ng< tpo undertaking the duties of his/her respective office or employiient, give a corporate surety bond to the city in such form and in such amount as may be fixed by the council as security for the faithful performance of his/her official duties- This...co . orate; s et bonds a: <:�e i .':tthe: f r >of •i.?:isv'+t4i;'•n::oy:•:t•::G:iA)jiiLii:"i:"ii:•:iii:•: iii}:�Tiii::.:iYi:•isis4::+•i'f'v::::}ii::4ii:'i:.:0i:}:•i:ii::tii:4i�i::YJii:is{.}i:4i}iii}i::•.iii}:ii:v::+iiii:: is ii'r,::it:he ;.:::..�. . .:::�:::<::> :.:�..:..:>. :;::..: ::::::»=:��: :.>:::<::>:::::: :.: : :.:<:>>_>..�.ds:::::::::at:::�»>:thtx°:»>d� �.;sn •':: <t�an::::>:::o�:.:.... . e . The council may pr-escrib_e the form o_f s_uch bonds as either individual or blanket bonds. The:::'»sk a >l yap roved pit e �ii:; ;:;�.�?'.>;;;>;: :is i:�':.i ::::::::.:::.iii:i.i:...:1i:.:.ii:::.i':v:::.i.:::.�::.:'.::i_::::::::i'!.�::::.:.•:::r:::::::•::':::::':.i'.: '::::x?.:•3:.::.::.i':::::lp:,is}.:ii:::...{.i: •i:ti{;:}....i ii iiiiiii:!i;i:ii;•i:!i•i ti;Jiii: •C.-.:;:: et;,orn: i ::'i, sa�`::r>':a; e( '?w th co�n�a��>��:>�:::a�. ::>� : �r.�: <e� �:.a��>:��.::>::Qr���:�s�..> ����� �t. ..A...t r �... ..... ...� ... :.:;'.�:.;:.::>;iii;;;:.:i.i;;i;i;:.i:;.;;:iii;:.i:.ii:i;:i:;;;;:.ii>:<.;:.;;;ii;:i;:;::.::: .::;;i:;. ;>;::::.:;i:.; k�°>>>i* e >c�i<t<' �>��<>> kse< `: ea: s°:csn€ :> ��`��k� nd� a �ike >��'`ai` � "":';>`t .......c. . ......- The council must approve such.bonds, the city attorney must approve the form of such bonds, and the city must pay the premiums and keep such bonds on file. Section 12 .05 Sales of Real :;.::.i:>;iii;:.;:"i::....i.......................................:...:......................:::...:::,.:::....:::�:.::::....`....�::P::.ro.....er....t...: .:::....N.i.i.i.:o<..:;.�..;:.e:..:.:; a4ro ` t.:.: o tie»eLtsaJIiBecYsosedve*64t # 6tdix ncThcit >ma < Only. dispose 'of real property by ordinance. The City must use, as far as possible, the proceeds of any sale of such property sa ' be #040as > far>< ao•>>�°�`ossi l.e to retire anyoutstandingindebtedness so? i;»>�:';::»>>::<. ncur : :.>:iiiith;:.;: ... incurred"'bythe city in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the council may by resolution designate some other public use for the proceeds. • Section 12.06 Vacation of Streets. After a formal hearing the council my by ordinance vacate any street or alley or other. public grounds or part thereof within the city. Such. vacatio mix be made on y after pub .. shed notice in the of:fIcial. newspaper and an `opportunity for affected. property owner and public to be heard, and upon such further. tets..and ..by suet procedure as the council. by r_rd .na ce t :prescr be'. The council may 'prescribe"by ordinance further terms '"'and ""procedures for such vacation. Align-tit,404i;i1:tif completion of such procedure shall be filed in accordance with law. The city must file a notice of completion of such procedure in accordance with law. Section 12. 07. Statutes not Affected by Charter. (set aside) Section 12 .08. City to Succeed to Rights and Obligations of Former City. The city `Wan succeeds to all the property, rights, and privileges, and 4.11MViiiii is subject to all legal obligations of the city under the farmer Charter. Section 12 .09 . Existing Ordinances and Resolutions Continued. All ordinances, resolutions and regulations of the 000404Augy city in force when this charter takes effect, and not inconsistent with the provisions thereof, § e'` e1 " 01 144d continue in full III force and effect until amended'br"repea ''.ie Section 12 . 10 Officers to Continue for Present Terms. All elective and appointive officers of the city holding office on the effective date of this charter shall' nti.nue n office for the .:.:;:<:::;t:.� ..::.:.. . :::::: :. ......... . d until their .... : .:::::., :::... . :.... . :.;:�>; ..... . .:«: :a �anted::;>::«�an .>::::>..:. :::..::::.::.:;::>::::>.:::.:.:..-.::::�:.:�: t:erme::>::>:::ta::>::::�rh�..�h...:.�.he.::::::firer �lec:�ed.:::.............. ... _::. .:::::.::: .::::..:....:....:::...- .._ .:....:. :r :>:: . a :>:.. ::: v :.: ::::: l e :.:>:::or;::a: :,o inted:ATI, ::>:have;qu:a :: :f ied::.:: seccess.�a�s.:::sha�i...ha� been..:� ,e� ed::::.:....:..:... . ....:..:::.�:::: :::::::::::.�:::::::::::::::::::�:.:.:.......:..::: ::::::::::. are continued in office. Section 12. 11 Pending Condemnations and Assessments. Any condemnation or assessment proceeding in progress when this charter takes effect shall be continued and completed under the laws under which such proceeding was begun. All assessments made by the r al y city prior to the time when this charter takes effect shalt'"`be""'collected, and the lien thereof enforced in the same manner as if this charter had not been adopted. Section 12. 12 Ordinances to Make Charter Effective. The • council all must by ordinance, resolution, or other appropriate action make"such regulations as may be necessary to carry out and make effective the provisions of this charter. Section 12. 13 The city must publish a newsletter - NIN .;;;;:::;.. ;:::::.:::><:::<;;.:::d:«;::,>:;>;..:,..:.:>:;;«::::;::..:>:..::.;:.>: least six timeseach ,:����;sYted �:.:::_ �:: ��:. at regular intervals at se thepostal roll fo:r>::>the:>: y s:ha ti sed year. fihe city may u ................................::::»>y;;:<.;:•>::;::::.;:;:::.:::.:::..<.:;;:.;:.;::;>;.;�: for the distribution. • Section 12 . 14 This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. • Revised by Laurie Schley November 6 . 1993 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 special 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 may not exceed the cost of the improvement, including all associated costs and expenses eenneeted-t .erect th; with interest. No assessment shall exceed the benefits to the property. • Sec. 8.02 . Effective Charter Provisions. All Elocal improvements (the term " local improvement" shall mean a public improvement financed partly or wholly from special assessments against benefitted properties) small must be carried out exclusively under the provisions of this charter. Sec. 8.03 . Local Improvement Ordinances and Regulations. Within-98-days-after-€itis-enter-gees-irate eeet;-tThe council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of sad assessments, and the certifying of unpaid assessments for collection by the proper county officer. Said These 4111 ordinance(s) shall also provide for installment payments and . notices to be given thereof, appellate procedure, re- assessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments as provided by this charter and State law. After-the-adept.iert ef-saeh-erdina tee f si-previdiag-fuer-}eea}-4nprevements;-a}} preeedures-+n-eemp anee-therew t t-seta}}-ea t€art-to-tire raga}atiens-as-set-Earth- t-saeh-erd nenee f si-and-as otherwise-eenta} ted-int-this-eharter- Sec. 8.04. Procedure. Subdivision 1. Initiation of Improvement. All improvements to be paid for by special assessments. in part or in whole, against the benefitted properties preperty shall be ftstAteted initiated by either, (1) the petition of at least twenty-five fifty-one percent }s-ismer of the benefitted property owners together with a resolution adopted by an three-fifths affirmative • vote of the-ma et4ty-of-a}} the council.L or, (2) a resolution adopted by a four-fifths affirmative vote of a}d the council. The council resolution shall state the nature and scope of the proposed improvement, and shall include total and unit cost estimates of the improvement. provide-mea ns-te-ebta+n-a-east-est mate-wh eh-shall-set forth-the-east-ef-the-4mprevement-beth- t-un t-gr ee-std- n tete}-thereof---- Subdivision 2 . Public Notice. Upon receipt of sseh cost estimates, the council shall by resolution set a date time and place for a public hearing on the proposed improvement;-sett ng-forth-therein-the-tire;-plaee-and purpese-ef-sueh-heal4ng7 The hearing shall follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated unit and total costs, and the area proposed to • 2 • be assessed. The two publications in the official newspaper shall be a week apart and the hearing shall be at least three days after the last publication. Sash-reseIut en sha++-15e-deser4hed-in-the-sty-newsletter-and-pe15+fished twiee-at-feast-ens-week-apart-gin-the-of€.ie a+-newspaper-e€ the-s ty-ne-+ess-than-twe-weeks-pr4er-te-the-date-e€-said hearing--and-+n-add en-thereto;-a-espy-et-sash-rose+at.ien fine+ad ng-estimated-an t-pr+ees-and-est mated-tetai-prise thereof-shaI+-be-ma.i+ed-te-sseh-benefitted-property-owner-at hisfher-+ast-#Hewn-address-at-+east-two-weeks-prier-te-the date-a€-sa4d-hearing- Subdivision 3 . Notice to Property Owners. At least two weeks prior to the public hearing, notice of the hearing as described in Subd. 2 shall also be mailed to the owner of each property within the area proposed to be assessed. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. Subdivision 4. Public Hearing. At such the public • hearing the city council shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty days shall elapse after the public hearing before any further action shall be taken by the council on the proposed improvement. However, prior to and following the public hearing, the council mav initiate the preparation of plans and specifications and the advertisement for bids on the improvement, in addition to other actions which in its judgment may provide helpful information in determining the desirability and feasibility_ of the improvement. Section 8.05. Council Action. Subdivision 1. Petition against an Improvement. The council may not act on a public improvement which was initiated by a four-fifths affirmative vote of the council and is to be wholly financed by benefitted property owners • 3 if a petition against the improvement is signed by at least • fifty-one percent of the affected property owners. The petition against the improvement must be filed with the council within sixty days of the public hearing. If-1,4th n saeh-s xty-clay-per+eel;-a-pet tlen-aganst-seem- mprevement be-f feet-with-the-eeune i1 -signed-hy-a-ma3er4tp-ef-the ewmers-prepesed-te-be-assesed-fer-the- mprevement;-er;-when the-4mprevement-has-been-pet meet-€er;-sgned-by-a-number of-the-owners-prepesed-to-he-assessed-for-seer- mprevement at-+east-eggs+-te-the-number-ef-these-Mahe-pet boned-for-the improvement;-the-e:eene i-sha+l-net-ma#e-such- mprevement-at the-expense-ef-the-property-benef+tted -unless;-4n-the meamtime;-there-he-fi+eel-wth-the-meune++-a-pent on-as#.ing that-the-4mprevement-ire-made;-s+fined-lay-property-owners prepesed-te-he-assessed-for-such-improvement-at-+east-eelaa+ gin-number-te-these-who-s fined-the-petAtIen-against-the imprevementt- n-yah eh-event-the-e:eene++-ma r-elssregarel-the petit+en-against-the- mprevement- Any person whose name • appears on a petition to the council for a local improvement, or on a petition to the council against a local improvement, may withdraw his/her name by a statement filed in writing with the council before such petition is presented to the council. Subd. 2. Ree}areliess-ef-the-prey siens-+n-Sahel--I;-w When less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the council, signed by a majority of the number of electors who voted for mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event the council shall not proceed with the improvement, as proposed. Subdivision 3 . In the absence of a sufficient petition 4 against the improvement, the council may adopt a resolution 411 ordering the improvement at any time between sixty days and one year after the date of the public hearing. The resolution ordering the improvement may reduce, but not increase beyond ten percent, the extent of the improvements as stated in the notice of hearing. Whenever all owners of real property abutting upon any street named as the location of any improvement petition the council to order the improvement and to assess the entire cost against their properties, the council may adopt a resolution determining such fact and order the improvement without a public hearing. Subd. 4. When a proposed improvement is disallowed under the foregoing subdivisions, the council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Sec. 8-95 8 .06. 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 benefitted and may be collected in the same manner as special assessments as allowed by this charter and state law. Such costs shall not be deemed to be " special assessments" for the purposes set forth in section 8.03 of this chapter. 4IP 5 r 12/01/93 08:33 FAX 612 424 5820 MN RURAL ELECTRC LJUU1IUU CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. General Voter Authority. The people of Mounds View have the right, in accordance with this charter, to propose ordinances and to require ordinances to be submitted to a vote by processes known respectively as initiative and referendum. The people also have the right to recall elected public officials. Section 5.02. Petitions. An initiative or referendum shall be initiated by a petition signed by registered voters of the city equal in number to 20 percent of those who voted for mayor in the last preceding city general election. The committee may obtain a sample petition from the clerk administrator. Each petition shall be sponsored by a committee of five voters whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each paper circulated separately shall contain at its head the statement required by Section 5.05 or 5.07, as the case may be. Each signer shall sign and print his/her name and give his/her street address. Each separate page of the petition shall have appended to it a certificate, verified by notary public, that each signature is the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the city. Any person whose name • appears on a petition may withdraw his/her name by a statement in writing filed with the city clerk administrator before the clerk advises the council of the sufficiency of the petition. Section 5 .03. Determination.of Sufficiency. The committee shall file the completed petition in the office of the Clerk Administrator. Immediately upon receipt of the petition, the Clerk Administrator or designee shall examine the petition as to its sufficiency and report to the Council within ten working days. Upon receiving the report, the Council shall determine the sufficiency of the petition by resolution. Section 5 04. Dis•osition of_ Insufficient Petition. If the council determines that the petition is insu ficient 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 committee shall have 30 working days in which to file additional signature papers and to correct the petition in all other particulars. Within ten working days of receipt of the corrected petition, the Clerk Administrator shall report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk Administrator shall file the petition in his/her 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 ordinance to the voters at the next_regular or special election at Post-ltTM brand fax transmittal memo 7671 I#of pages► Ta Fro IV Dept. Phone#f