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HomeMy WebLinkAbout08-31-1994 APPROVED MOUNDS VIhW CHARTER COMMISSION MINUTES AUGUST 31, 1994 I. Call to Order Vice Chair Sue Hankner called the meeting to order at 7:00 p.m. in the Mounds View City Hall. II. Roll Call Present: Lloyd Bardwell, Sue Hankner, Jerry Linke, Dave Long, Duane McCarty, Richard Oman, Bob Toborg, Julie Trude, Russell Warren, Arlene Werdien, Bill Werner and Ruth White. Also Present: Gregg Herrick, Charter Commission attorney. Absent (excused): Len Burgers and Laurie Schley. Absent (unexcused): Virgil Beyer. Iii. Approval of Minutes Upon the motion of Russ Warren, seconded by Duane McCarty, the Minutes of the March 22, 1994 meeting were approved as submitted upon a unanimous voice vote. IV. Report of Vice Chair and Secretary re status of Charter re-draft Secretary Julie Trude reported that the Charter Commission attorney, Gregg Herrick of Barna, Guzy and Steffen has been reviewing the three proposals to go to the voters and was present tonight to answer questions on these three items. In addition, he had prepared the legal memorandum on term limits which had been . included in the meeting packet. Mr. Herrick is also reviewing Chapter 8. 111 Following a brief discussion, Mr. Herrick was asked to submit a written report on Chapter 8 in lieu of attending a meeting on that topic. Trude also reported that the League of Minnesota Cities (LMC) had reviewed the draft of the Charter and provided written comments (excluding Chapter 8). (These comments were distributed during the meeting along with the second draft of the Charter.) Many of the comments require the commission to address problem areas in the re-draft. No information was available on the review by the English teacher since the Chair was not in attendance and he was handling that item. V. Discussion of legal issues presented by proposals to go to voters A. Term Limits • Mr. Herrick restated his legal opinion, as contained in the memorandum in the meeting packet. He agreed with the conclusion of the Attorney General, that term limits violate the State Constitution and state law. If the legislature would pass a law authorizing charter cities to limit terms of locally elected officials, then charters could be amended to include term limits. When asked if it would be illegal to let voters vote on the issue, he responded that no it would not be an illegal act to vote on the issue. Mr. Herrick also agreed with Mr. McCarty that no Minnesota court of law has ruled on the legality of term limits in charter cities. Mr. Herrick had also been in contact with the Minneapolis city attorneys who were reviewing an initiative petition for term limits. They also did not believe it was permissible to limit terms through a charter amendment. Attorneys for the City of Minneapolis were considering two options: (1) seek a declaratory judgment that term limits are not constitutional so as to avoid putting the issue on the ballot, or (2) put term limits on the ballot and then if it passes seek a declaratory judgment as to 11111 whether term limits are constitutional. -2- 110 A discussion about the attorney general opinion ensued. Duane McCarty explained how he thought Minn. Stat. Sec. 410.21 authorized charter cities to control elections and that limiting terms could fall within that state grant of authority. Russ Warren restated that it's not unlawful to vote and adopt a term limit measure and the legality of term limits is not clear. Therefore he asserted that the only question for the commission should be whether we want term limits to go to the voters. The legality of the measure could be determined after the election. A discussion of the legal issues followed. Some commissioners disagreed with Duane McCarty's assertion that Minn. Stat. Sec. 410.21 allows a charter city to determine qualifications of those filing for office. Julie Trude asserted that this statute only allows cities to control administrative details related to elections and that in addition, the Minnesota Constitution would be violated if a charter city limited a person's right to file for or run for local office. Jerry Linke agreed that 4111 term limits violated his constitutional rights to file or run for local office; he argued that the voters ultimately determine at each election whether an elected official's term should end. Others noted that the legal issues were not clear because there had been no court cases on the issue in Minnesota. Duane McCarty circulated information about term limit's constitutionality in New York. Richard Oman noted that term limits are in effect in about 15 states. Others did not focus on the legal issues, they simply asked that the voters be allowed to vote on the measure; the constitutional issues could be resolved later. There was no consensus on the legal issues. The commission was very split on their reading of the law and on the effect term limits could have. Motion by Russ Warren, second by Richard Oman, that the commission submit the following term limit proposal to the voters as drafted: "Sec. 4.02, Subdivision 2. Term Limits. No elected City office holder will be allowed to serve more than eight consecutive years in the same office." • -3- • The commissioners continued to discuss the constitutional, statutory and policy issues presented by the proposed charter amendment. It was clear from the debate that the commission was very divided in their viewpoints of the benefits or dis- advantages of taking action now on this amendment. Speeches were made that term limits were good public policy, not clearly illegal, probably not unconstitu- tional, definitely illegal and unconstitutional, bad public policy, effective in other states, would bring the city into expensive lawsuits as a test case was required, would not cost the city anything because the LMC defends cities, would not cost the city because Minneapolis could be the test case for constitutionality, and that the charter commission should take a wait and see approach and postpone action. Duane McCarty moved the previous question [to stop debate], Richard Oman seconded the motion. Vote: Ayes-5; Nays-7; motion fails. The commission continued to discuss the perceived benefits of term limits as well as the disadvantages of term limits and whether and when lawsuits might occur. Motion by Richard Oman, second by Duane McCarty, to amend the motion on the floor by replacing it with the following substitute language: "Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or eight total years in the office of City Council." This motion to be submitted to the voters in November's general election. A roll call vote was requested on the motion to substitute language: Julie Trude- no; Russ Warren- yes; Bob Toborg- no; Dave Long- no; Jerry Linke- no; Duane McCarty- yes; Ruth White- yes; Arlene Werdien- yes; Lloyd Bardwell- yes; Bill Werner- yes; Sue Hankner- no; Richard Oman- yes. Motion to substitute passes; • 7-yes, 5-no. -4- • A roll call vote was made on the main motion (now replaced with the substitute language): Julie Trude- no; Russ Warren- yes; Bob Toborg- no; Dave Long- no; Jerry Linke- no; Duane McCarty- yes; Ruth White- yes; Arlene Werdien- yes; Lloyd Bardwell- yes; Bill Werner- yes; Sue Hankner- no; Richard Oman- yes. Motion passes; 7-yes, 5-no. The procedure to get the item on the ballot was discussed. The commission was unclear if the proposed amendment went to the City Council for deliberation and whether the Charter Commission had the authority to submit items directly to the voters. Mr. Herrick had not researched that issue but in consulting Minn. Stat. Sec. 410, believed it authorized the Charter Commission to propose charter amendments to the voters. Several commission members believed this statute-only allowed the commission to submit items to voters after a valid petition had been received by the charter commission. The City would ultimately have to determine this issue. • Ruth White asked whether the commission or the city council should set the actual wording on the ballot. The commission decided by consensus that the appropriate preface language should state: "Shall the City of Mounds View amend its Charter to read as follows: Term Limits. . . ." Motion by Duane McCarty, second by Richard Oman, to direct the Secretary to immediately submit the proposed charter amendment on term limits to the City Clerk-Administrator for appropriate action to place the proposal on the November ballot. Motion passes on a voice vote. B. Sec. 5.04, subd. 2, burden of proof issue (Item #2, proposals to voters) Following a short discussion, Duane McCarty, proponent of this language, suggested this item be put in the Charter re-draft. 110 Attorney Gregg Herrick noted several problems with the language, including what is a "sufficient and regular" petition; court orders are not available in only 15 days; -5- and the charter commission has no legal authority to hold an election. Motion by Jerry Linke, seconded by Russ Warren, to postpone further discussion of proposed Sec. 5.04, subd. 2 until a later date. Motion passes on a voice vote. C. Primaries Jerry Linke moved that the commission not include primary election language in the Charter. Second by Bob Toborg. The maker explained that primaries would cause filing dates to be moved back to the summer months. Others explained how primaries would narrow the field of candidates running so voters could better inform themselves as to their choices. Motion failed upon a voice vote. Division was called. Vote: Yes-5; No-7, motion fails. Duane McCarty moved to include the proposed primary election language in the Charter re-draft. Seconded by Richard Oman. Motion passes on a voice vote. • VI. Future Meeting Schedule The commission discussed adjourning until new appointments were made. Richard Oman suggested this group hold the few meetings necessary to review the comments from the LMC lawyer and the Charter's lawyer in order to finalize the draft. He noted how four new appointments would delay the work many months as new members were brought up to speed. The next Charter Commission meeting was set for September 27, 1994 at 7 p.m. at City Hall. Vice Chair Hankner agreed to set the agenda and have it mailed. Secretary Trude stated she would be unable to attend that meeting and someone would have to be appointed to take the Minutes. VII. Re-appointments 1111 Dave Long, Russ Warren and Julie Trude all indicated they would be seeking -6- re-appointment for a second term. Secretary Trude will forward this information to the Court Administrator. The city will be advertising for applications. VIII. Adjournment Upon the motion of Bob Toborg, seconded by Russ Warren, the commission unanimously voted to adjourn the meeting at 9:25 p.m. Respectfully submitted, 0441-.0°4-- (,Julie Trude, Secretary • • -7- { CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1. 01 Name and Boundaries . The City of Mounds View, Ramsey County, Minnesota is a municipal corporation with the same boundaries as are now established. Current copies of the Charter, amendments, and boundary descriptions must be available for public inspection anytime during regular office hours at City Hall. Section 1. 02 Powers of the City. The City has all powers possible for a municipal corporation in this state to exercise in accordance with this Charter and with the constitutions of this State and of the United States . This Charter confers upon the City every power which it would have were it specifically mentioned, unless otherwise provided in this charter. The Charter will be construed liberally in favor of the City, and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the City to those mentioned. Unless granted to some other officer or body, all powers are vested in the City Council. Section 1. 03 Charter a Public Act. This Charter is a public act and need not be pleaded or proved in any case. (94-2) 1 i a CHAPTER 2 FORM OF GOVERNMENT Section 2 .01 Form of Government. This Charter establishes a "Mayor-Council Plan" form of government. Except as otherwise provided by State law or this Charter, all powers of the City are vested in the Council. Section 2 . 02 Boards and Commissions . Unless established by the Council for a municipal function or activity, to investigate any subject of interest to the City; or to perform quasi-judicial l functions, there will be no separate administrative boards, except for the administration of a function jointly with another political subdivision. The Council will perform the duties and exercise the powers of ' any board or commission provided for by State Law. Section 2 . 03 Council Composition and Election. The Council will be composed of a Mayor and four Councilmembers who will be elected at large in accordance with the provisions of this Charter. Counrilmembers will serve for a term of four years and/or until a successor is elected and qualifies . The Mayor will serve for a term of two years and/or until a successor is elected and qualifies. (94-2) 2 Section 2 .04 Incompatible Offices . During their elected term, no members of the Council may be employed by the City other than in the position to which they were elected. No Mayor or Councilmember may be appointed or employed by the City in a compensated position which was created, or for which the compensation was increased, during the individual's term. Section 2 . 05 Vacancies . A vacancy in the Council, whether in the office of Mayor or Councilmember, will exist as the result of: ( 1) the failure of any person elected to qualify for the position; (2 ) death; (3) resignation in writing filed with the Clerk-Administrator; (4) removal from office; (5) non-residence in the City; (6) conviction of a felony after election; or (7) absence from Council meetings, without good cause, for a period of three consecutive months . In each case the Council will declare, by resolution, that a vacancy exists. Section 2 . 06 The Mayor's Power and Duties . Subdivision 1. The Mayor presides at meetings of the Council and votes as a member of the Council. The Mayor is head of the City government for ceremonial, legal and military purposes . The Mayor has no other administrative duties except as a member of the Council or as specified in this Charter. (94-2) 3 Subdivision 2 . Consistent with the responsibility to accept leadership over the general conduct of City affairs, the Mayor may • study the operations of the City government and recommend desirable changes and improvements to the Council. The Mayor will also deliver messages to the Council and the public, including a comprehensive message on the State of the City as soon as practical after the beginning of each year of the Mayor's term. Subdivision 3 . At its first meeting each year, the Council will choose an acting Mayor from the Councilmembers. The acting Mayor performs the duties of Mayor during the disability or absence of the Mayor, or in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies . Section 2 . 07 Salaries . The Council will set the compensation of the Mayor, Councilmembers, City 'officers and employees in accordance with State Law. Increases in compensation for the Mayor and Councilmembers will not take effect until after the next regular municipal election. Section 2 . 08 Investigation of City Affairs . The Council may investigate City affairs including the conduct of any City department, office or agency. Such investigations may include subpoena of witnesses, administering of oaths, and recording testimony. The Council will provide for an audit of the City's accounts at least once each year by the state department in charge (94-2)4 i 1 of such work or by a certified public accountant. The Council may, at any time, provide for an examination or audit of the City accounts of any City officer or agency, and it may provide for any survey or research study of any subject of municipal concern. (94-2)5 Y CHAPTER 3 COUNCIL PROCEDURE Section 3 .01 Council Meetings . The Council will meet regularly at least twice monthly at such times and places as the Council designates by ordinance. The Mayor or any two members of the Council may call special meetings of the Council with at least twenty-four hours notice to each member, and such reasonable public notice as-prescribed by Council rule in compliance with Minnesota Law. The twenty-four hour notice is not required in an emergency. To the extent provided by law, all meetings of the Council and its committees must be public, and any citizen may have access to the minutes and records of the Council at all reasonable times . During any of its public meetings, the Council cannot prohibit, but may place reasonable restrictions upon citizen's comments and questions . Section 3 . 02 Liaison Function. Councilmembers will be assigned as liaison to City departments . Their assignments will rotate periodically and involve no administrative responsibility. Section 3 . 03 Rules of Procedure and Quorum. Except as otherwise provided in this Charter, the Council determines its own rules and order of business . A majority of all members constitutes a quorum to do business, but a smaller number may adjourn from time ( 94-2) 6 to time. A minority may compel the attendance of absent members in accordance with State Law. Section 3 . 04 Ordinances, Resolution and Motions . Subdivision 1. Except as otherwise provided in this Charter or State Law, an affirmative vote of three or more members of the Council is required for the adoption of all ordinances, resolutions and motions . The votes of Councilmembers on any action taken shall be recorded in accordance with State Law. Subdivision 2 . Except as otherwise provided in this Charter, all legislation must be by ordinance. A roll call vote is required on all ordinances . Subdivision 3 . The general administrative business of the Council must be conducted by resolution or motion. Section 3 . 05 Procedure on Ordinances . Every proposed ordinance must be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council . No ordinance may contain more than one subject. The subject should be clearly expressed in its title. The enacting clause shall be, "The City of Mounds View ordains. " No ordinance, except an emergency ordinance, may be adopted at the meeting at which it is introduced and at least fourteen days must elapse between its introduction and final adoption. (94-2) 7 Section 3 . 06 Emergency Ordinances . An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare. The ordinance must define the emergency in its preamble. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance remains in effect for the duration of the emergency. No prosecution may be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been adopted, filed with the Clerk- Administrator, and has either been posted in three conspicuous places in the City, .or published as provided for in this Charter, unless the person charged with violating the emergency ordinance had actual notice of. the ordinance before the act or omission which resulted in the violation. Section 3 . 07 Signing and Publication of Ordinances . Every ordinance adopted by the Council must be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance must be published at least once in the official newspaper as soon as practical, and must be preceded by a summary of the ordinance. An ordinance may incorporate by reference, in whole or part, the following published material without publishing the material in full: (a) State Laws, (b) State administrative rules (94-2) 8 or regulations, (c) State or municipal codes, or (d) municipal ordinances . Section 3 . 08 Procedure on Resolutions . Every resolution must be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. Section 3 . 09 When Ordinances and Resolution Take Effect. Every resolution andemergencyordinance takes effect immediately upon its adoption or at the specified date. Every other ordinance takes effect thirty days after its publication or at such later date as specified. Section 3 . 10 Amendment and Repeal of Ordinances and Resolutions . Subdivision 1. An ordinance or resolution which repeals any part of a previous ordinance or resolution must give the number, if any, and the title of the ordinance or resolution to be repealed. No ordinance or resolution may be amended by reference to the title alone, but an ordinance or resolution which amends an ordinance or resolution must indicate each omission or addition by appropriate type or symbols . Amendment or repeal of an ordinance requires a majority vote of all Councilmembers, unless otherwise provided in this Charter or by State Law. ( 94-2)9 Y i Subdivision 2 . An ordinance or resolution passed under the initiative power may not be repealed or amended by the Council except by submission of the question to the voters by the Council at a regular municipal or special election. Section 3 . 11 Review and Revision of Ordinances and Indexing of Resolutions . The City must review, revise and rearrange its ordinance code and its resolution index with additions and deletions as deemed necessary by the Council at least once every five years . Copies of the ordinance code and the resolution index must be made available by the Council at City Hall for general distribution to the public for a reasonable charge. Any ordinance provision not previously published may be incorporated into the code, if a notice is placed in the official newspaper for at least two consecutive weeks that copies of the codification are available at City Hall. ( 94-2) 10 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4 .01 The Regular Municipal Election. The regular municipal election will be held on the first Tuesday after the first Monday in November of each even-numbered year at such places as the City Council will designate. Notice must be given by the Clerk-Administrator at least thirty days prior to the election by posting a notice in at least one public place in each election - precinct, and by publishing a notice at least once in the official newspaper. The notice must state the time and places of holding the election and of the officers to be elected. Failure to give the notice does not invalidate the election. Elected and qualified officers provided for by this Charter will assume the duties of their office on the first business day in January following the election. Section 4 . 02 Filing for Office. An eligible voter of the City may file for election in the manner prescribed by law. Section 4 . 03 Procedure at Elections . The Council may by ordinance further regulate the conduct of municipal elections, consistent with the provisions of this Charter and applicable law. (94-2) 11 Section 4. 04 Special and Advisory Elections . The Council may by resolution order a special or advisory election and provide the means for holding the election. Notice must be given by the Clerk-Administrator at least thirty days prior to the election by posting a notice in at least one public place in each election precinct, and by publishing a notice at least once in the official newspaper stating the time and places of holding the election. Failure to give the notice does not invalidate the election. Section 4. 05 Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the City. occurs with 365 days orr more remaining in the term of the vacated office, there must be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2 . The Clerk-Administrator must give at least sixty days published prior notice of the special election, except as set forth under subdivision 5 of this section. Subdivision 3 . The procedure of the election must conform as nearly as practical to that prescribed for other municipal elections under this charter. Assumption of duties of elected officers following the election will occur as soon as practical after the canvassing board certifies the election. ( 94-2) 12 Subdivision 4 . In the case of a vacancy where there remains less than 365 days in the unexpired term, the Council will by a majority vote appoint a successor to serve for the remainder of the term. In the case of a tie vote of the Council, the Mayor will make the appointment. Subdivision 5 . When a vacancy occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy will coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of the vacancy must be published as soon as is practical. If, within the 120 day period before a regular municipal election, the vacancy occurs in the office of Mayor or in the office of either/or both of the Councilmembers whoseseats are to be decided in the election, the vacancy shall be considered not to exist for purposes of the election. However, if the vacancy occurs in the office of either/or both of the two Councilmembers whose terms are not up for election, the seat will be filled by the candidate for Councilmember with the third and fourth highest vote totals respectively. Subdivision 6 . If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council will fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor will make the appointment. (94-2) 13 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 or to require ordinances to be submitted to a vote by the processes of initiative and referendum. The people also have the right to recall elected public officials . Section 5. 02 Petitions . A petition provided for under this chapter must be sponsored by a committee of five registered voters of the City whose names and addresses appear on the petition. A petition consists of one or more pages with each separately circulated paper containing at its head the information specified in sections 5. 05, 5 .07 or 5 .08 which apply, respectively, to initiative, referendum and recall. The committee may obtain a sample petition from the Clerk-Administrator. Each signer of a petition must be a registered voter of the City and must sign and print his/her name and give his/her street address . Each separate page of the petition must have appended to it a certificate by the circulator, verified by oath. In the certificate the circulator affirms that the petition was signed in his/her presence by each signer, each signature is believed to be the genuine signature of the person whose name it purports to be, and each signer was presented with the full petition. All petition circulators must be ( 94-2) 14 t registered voters and residents of the City. Any petition signer may withdraw his/her name by filing a statement of withdrawal with the Clerk-Administrator before the Clerk-Administrator advises the Council of the petition's sufficiency. Section 5 . 03 Determination of Petition Sufficiency. The committee must file the completed petition in the office of the Clerk-Administrator. A sufficient petition must be signed by at least fifteen percent of those who voted for President in the last preceding City general election. Immediately upon receipt of the petition, the Clerk-Administrator or designee must examine the petition as to its sufficiency and report to the Council within ten working days . Upon receiving the report, the Council must determine by resolution the sufficiency of the petition. Section 5 . 04 Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the Clerk-Administrator must deliver a copy of the petition together with a written statement of its defects to the sponsoring committee. The committee has thirty days in which to file additional signature papers and to correct the petition in all other particulars, except that in a petition for recall, the committee may not change the statement of the grounds on which recall is sought. Within ten working days of receipt of the corrected petition, the Clerk-Administrator must report to the Council. If the Council finds the petition is still insufficient (94-2) 15 r « or irregular, the Clerk-Administrator must file the petition in his/her office and notify the sponsoring committee. The final finding that the petition is insufficient or irregular does not prejudice the filing of a new petition for the same purpose nor does it prevent the Council from referring the ordinance to the voters at the next regular or special election at its option. Section 5 . 05 Initiative. Any ordinance may be proposed by a petition. The exact text of the proposed ordinance shall be stated at the head of the petition. The Council shall act upon the proposed ordinance within 60 days after the final determination of the petition's sufficiency. The Council may amend the proposed ordinance. A majority of the sponsoring committee of the petition may disapprove the amended form by filing a statement with the Clerk-Administrator within ten working days of Council adoption of the petitioned ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to be submitted to the voters . If the majority of the sponsoring committee files disapproval, the proposed ordinance, as stated on the petition, must be placed on the ballot at the next election occurring in the City. The Council must call a special election if there is not a scheduled election within 120 days after the petition is filed. An initiative is successful if a majority voting on the proposed ordinance, vote to adopt it. The ordinance becomes effective thirty days after adoption unless the ordinance specifies a later date. (94-2) 16 Section 5 . 06 Initiative to Amend the Charter. The initiative process may be used to amend this Charter. Section 5 . 07 Referendum. Prior to the date when an ordinance takes effect, it may be subjected to referendum by a petition stating 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 sufficient under the provisions of Section 5 . 03, the ordinance is prevented from going into effect and the subject matter of the petition must be placed on the ballot at the next City election. If no election is to occur within 120 days after the petition is filed, the Council must call a special election to be held within 120 days . If a majority of those voting on the ordinance votes against the ordinance, it will be considered repealed upon certification of the election results . 5 .08 Recall. The citizens of the City may request a recall vote of any elected officer of the City by petition. The petition must conform to the petition requirements set forth in Section 5 . 02 . In addition, the petition must state at the head of the page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall in not more than 250 words (which shall be malfeasance) , and the intention of the sponsoring committee to bring about the officer's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is found sufficient under (94-2) 17 provisions of Section 5.03 of this chapter the Clerk-Administrator 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, by resolution, provide for the holding of a special recall election within ninety days of such meeting, except if any other election is to occur within ninety days after the meeting, the Council may provide for the holding of the recall vote at that time. The Clerk-Administrator shall include with the published notice of the election the statement of the grounds for the recall and, in not more than 500 words, the answer of the officer concerned in justification of his/her course in office. If a majority of those voting on the recall issue vote in favor of recall, the officer's position shall be vacated. If a vacancy occurs due to recall election, Section 4. 05 herein shall apply to fill the vacancy. (94-2) 18 CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 67. 01 Administrative Responsibility. The Council is responsible for the administration of the City. The Council will appoint an administrative officer to assist in the administration of City affairs . For purposes of reference in this Charter, this administrative officer shall be referred to as the Clerk- Administrator. Section 6 . 02 Administrative Organization. Subdivision 1. The Council will by ordinance establish City departments, offices, and agencies and prescribe their functions . No power or duty conferred by- this Charter upon a particular office or agency will be transferred to any other. Subdivision 2 . The City Council will hire heads of departments, and other officers and personnel as may be required to operate the City efficiently. The City Council will determine the qualifications and prescribe the duties to be performed by each, except as otherwise prescribed in this Charter. Subdivision 3 . The heads of departments and other officers designated by the Council will report in person to the Council and ( 94-2) 19 to the public at least once each quarter at a regularly scheduled Council meeting. Section 6 .03 Powers and Duties of the Clerk-Administrator. The powers and duties of the Clerk-Administrator include those of the clerk in a statutory city, as directed by Council, as contained in this Charter, and, but not limited to, the following: (a) Supervise and certify municipal elections; (b) Record all proceedings of the Council; (c) Record all ordinances in their entirety; (d) Maintain a complete record of all financial transactions of the City; (e) Prepare reports relating to municipal projects; ( f) Prepare an annual financial statement, annual budget, and capital improvement plan, and other financial reports required by law; (g) Submit periodic reports to the Council on the financial condition of the municipal accounts; (h) Supervise employees, programs, and activities, and advise the ' Council in decisions regarding employees and employee labor contracts; (i) Be fully informed regarding federal, state, and county programs which affect the City; ( j ) Consult with appointed officials and with other public or private agencies as may be required; (k) Develop and prepare news releases and public relations material; (1) Perform all other duties required by the Council. Section 6 . 04 City Treasurer. The Council appoints a Treasurer. This office will be separate from that of the Clerk- Administrator. The duties of the treasurer are those specified by State law for the treasurer in a statutory city. (94-2)20 CHAPTER 7 TAXATION AND FINANCES Section 7 . 01 Council to Control Finances . The Council has full authority over the financial affairs of the City except as limited or prohibited by law, or this Charter. It provides for the collection of all revenues and other assets, and the auditing and settlement of accounts . It also provides for the safekeeping and disbursement of public monies by the City Treasurer. Section 7 . 02 Fiscal Year. The fiscal year of the City is the calendar year. Section 7 .03 System of Taxation. The Council has full power to provide by ordinance for a system of local taxation, to assess, levy, and collect taxes on all subjects or objects of taxation, except as limited by law or this Charter. Section 7 . 04 Submission of Budget. The Clerk-Administrator must submit an annual budget request to the Council in accordance with a budget calendar established by resolution. The budget must provide a complete financial plan for all City funds, including utilities and activities for the ensuing fiscal year in a form prescribed by ordinance or law. It includes a summary, and details estimated income and proposed expenditures, including debt service (94-2)21 and comparative figures for the current fiscal year, actual and estimated, and the preceding year. It must also show proposed capital expenditures for the year and their proposed method of financing. The total proposed operating budget to be provided from the property tax shall not exceed amounts authorized by law or this Charter. Section 7 .05 Long-Term Financial Plan. Subdivision 1. The City Council must annually prepare a continuing five-year financial plan. The City Council must hold a public hearing on the long-term financial plan and adopt it by ordinance with or without amendment. The financial plan consists of three elements as specified in subdivisions 2, 3 and 4 which follow. Subdivision 2 . A Long-Term Revenue Plan. This plan consists of a tentative revenue policy which describes long-term plans for financing public services and capital improvements . Subdivision 3 . The Public Service Plan. This plan is a continuing five-year plan for all public services, estimating future needs for the public health, safety and welfare of the City. It measures the objectives and needs for each City department, indicates expected outcomes of services provided, and indicates the impact of each service on the annual operating budget. ( 94-2 ) 22 Subdivision 4. The Capital Improvement Plan. This plan consists of projects and facilities that are or will be needed by the City in carrying out the anticipated program of public services. It includes a list of all capital improvements proposed for the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimates, method of financing and recommended time schedule for each improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. It includes a capital budget which summarizes the capital requirements of the public service plan and the capital improvement plan for the next five years and prioritizes anticipated investments in community facilities in consideration of expected revenues. Subdivision 5 . A summary of the long-term financial plan must be published in the City newsletter annually. Section 7 . 06 Council Action on Budget. Subdivision 1. The Council must, by; budget resolution, adopt the budget at the time required by law. The budget is the principal item of business at regular Council meetings at the time required by law and at subsequent meetings until the budget is adopted. Interested citizens must be given a reasonable opportunity to be heard. The Council may revise the proposed budget but an amendment to the budget may not increase the (94-2)23 authorized expenditures to an amount greater than the estimated revenues . The budget resolution must show the total revenues and expenditures for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the Council deems necessary for purpose of budget control. The Council must also adopt a resolution levying the amount of taxes necessary to provide the revenues for the budgeted expenditures in the ensuing fiscal year. The Clerk-Administrator must certify the tax resolution to the County auditor in accordance with law. The sums fixed in the budget resolution are appropriated for the purposes identified in the budget resolution. Subdivision 2 . At the time when the tax resolution is certified to the County Auditor for the ensuing year, a summary of the total proposed City budget must be published in the City newsletter or the official newspaper. The summary must be in language and form designed to be readily understood by the taxpayers . The summary must include the amount of the total proposed budget and anticipated changes in the City's tax levy, market values of property in the City, and/or the services provided to residents and businesses. The summary must also provide appropriate supporting information as to the necessity for any increase in the total budget over the total for the current fiscal year. Failure to publish the summary will not invalidate the budget. ( 94-2)24 Section 7 . 07 Enforcement of the Budget. The City Council enforces the provisions of the budget. It cannot 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 unexpected balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City may spend any funds unless authorized in the budget resolution. Any obligation incurred by any employee of the City for any purpose not authorized in the budget resolution, of for any amount in excess of the amount authorized, will be a personal obligation incurred by the employee. No check may be issued or transfer made to any account other than one owned 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. Section 7 . 08 Alterations in the Budget. After the budget resolution has been adopted, the Council shall not increase the amounts fixed in the resolution 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 . (94-2) 25 Section 7 .09 Funds. There must 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 deems necessary and appropriate. Section 7 . 10 City Indebtedness. Subdivision 1. Except as provided in sections 7 . 11 and 7 . 12, no obligation may be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with State Law. Except in the case of obligations for which an election is not required by this Charter or by State Law, no such obligations may be issued and sold without the approval of the majority of the voters voting on the question at a general or special election. Subdivision 2 . A description of proposed certificates must be published in the City- newsletter or the City newspaper, but failure to give such description, or any defect in the description, cannot invalidate the certificate. Section 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. The (94-2)26 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. The Council determines the terms and conditions on which the certificates are issued. Certificates must come due no later than April 1 of the year following their issuance. The full faith and credit of the City, and revenues received from tax levies and from federal and state aids which have been allocated for the fund for which the tax anticipation certificates were issued will be irrevocably pledged for the redemption of the certificates . Section 7 . 12 Emergency Debt Certificates . Emergency debt certificates may be issued by the Council for purposes and in the manner prescribed by law. (94-2)27 M CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Y 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 associated costs and expenses with interest. No assessment shall exceed the benefits to the property. Section 8 . 02 Effective Charter Provisions . All local improvements (the term "local improvement" means a public improvement financed partly or wholly from special assessments against benefitted properties) must be carried out exclusively under the provisions of this Charter. Section 8 . 03 Local Improvement Ordinances and Regulations . The Council must enact suitable ordinances governing local improvements and special assessments . The ordinances must provide a complete working code covering the determination of assessments and assessment districts, public hearings, appeals from collection of assessments, penalties for delinquency in making payments, financing of assessments, and the certifying of unpaid assessments for collection by the proper county officer. These ordinance must (94-2)28 also provide for installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments as provided by this Charter and State law. S Section 8 .04 Procedure. Subdivision 1. Initiation of Improvement. All improvements to be paid for by special assessments, in part or in whole, against benefitted properties may be initiated by either, ( 1) the petition of at least fifty-one percent of the benefitted property owners together with a resolution adopted by a three-fifths affirmative vote of the council; or, (2) a resolution adopted by a four-fifths affirmative vote of the Council. The Council resolution must state the nature and scope of the proposed improvement. Subdivision 2 . Public Notice. Upon receipt of cost estimates, the Council shall by resolution set a date, time and place for 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 unit and total 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. (94-2)29 Subdivision 3 . Notice to Property Owners. At. least two weeks prior to the public hearing, notice of the hearing as described in Subdivision 2 must 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, will not invalidate the proceedings . Subdivision 4 . Public Hearing. At thepublic hearingthe 4 City Council receives any written and oral statements, and hears any petitioners for or against the proposed improvement. A period of sixty days must elapse after the public hearing before any further action may be taken by the Council on the proposed improvement. However, prior to and following the public hearing, the Council ' may initiate the preparation of plans and specifications and the advertisement for bids on the improvement, in addition to other actions which in its judgement 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 if a petition against the improvement is signed by at least fifty-one percent of the affected property (94-2) 30 owners . The petition against the improvement must be filed with the Council within sixty days of the public hearing. 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. Subdivision 2 . 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 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 may not proceed with the improvement, as proposed. Subdivision 3 . In the absence of a sufficient petition against the improvement, the Council may adopt a resolution 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. (94-2) 31 Subdivision 4 . Whenever all owners of real property abutting upon any street named as the location of an 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. Subdivision 5 . When a proposed improvement is disallowed under the foregoing subdivisions, the Council may not vote on the same improvement within a period of one year after the public hearing on said improvement. Section 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 .02 of this chapter. (94-2) 32 CHAPTER 9 EMINENT DOMAIN Section 9. 01 Acquisition of Property. The City may acquire by purchase, gift, condemnation, or otherwise, any real property, either within or without its boundaries, that may be needed by the City for any public purpose. In acquiring property through eminent domain, the City must proceed according to applicable law. ( 94-2) 33 , CHAPTER 10 FRANCHISES Section 10. 01 Granting of Franchises. Any individual, firm or corporation must obtain a franchise from the City prior to the placing or maintaining of any permanent or semi-permanent fixture in, over, upon, or under any street or public place for use in operating a public utility or for any other use, except as otherwise provided by State Law. Franchises must by granted by ordinance. The terms and conditions of the franchise must be stated in the ordinance. The grantee must pay for the publication of the franchise ordinance, leaving a sufficient deposit with the Clerk-Administrator to guarantee publication before the ordinance is passed. Exclusive franchises may only be granted upon the affirmative vote of those voting on the ordinance at a• municipal election following a public hearing on the ordinance. Section 10 .02 Term. Franchise terms must not exceed twenty- five years . Section 10 . 03 Public Hearing. The Council must hold a public hearing before adopting a franchise ordinance, or before the Council fixes the rates, fares or prices to be charged by a public utility. Notice of the hearing must be published in at least two places . One notice must be in the official City newspaper and the (94-2) 34 i a other may be in a City newsletter or a City-wide mailing. Notice must be published at least 30 days prior to the hearing. Section 10. 04 Power of Regulation Reserved. The Council may, by ordinance, reasonably regulate and control the exercise of any franchise, subject to applicable law. This regulation may include setting the maximum rates, fares or prices to be charged by the grantee. The value of the franchise must not 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 regulations, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Section 10 . 05 Renewals or Extensions . Every extension, renewal, or modification of any franchise is subject to the same limitations and must be granted in the same manner as a new franchise. ( 94-2) 35 . CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11. 01 Acquisition and Operation of Utilities . The City may own and operate any gas, water, heat, power, light, telephone or other public utility to supply its own utility needs and/or to supply utility service to private consumers . The City may, by ordinance, construct or acquire all necessary facilities to supply utility service. The City may purchase in bulk -and resell gas, electric, water and other utilities . The City Council supervises all City-owned utilities . Section 11'. 02 Rates and Finances . Following a public hearing with notice as described in Section 11. 05, the Council will by ordinance set just and reasonable rates, fares and prices for City utilities . The Council must endeavor to make each utility financially self-sustaining. The Council prescribes the time and method for making City utility payments . The Council may adopt other necessary regulations, including penalties for violation of these regulations. Section 11.03 Lease of Plant. Following a public hearing with notice as described in Section 11.05, the Council may lease the operation of any City utility to a responsible person, co- partnership or corporation. The lease contract must be adopted by (94-2) 36 ordinance and must include the rates and conditions of operation. This contract must not exceed ten years . Section 11. 04 Sale of Public Utility. Following a public hearing with notice as described in Section 11. 05, the City Council may sell a public utility. The full terms of the sale or disposition of any City-owned public utility, including the sales price, must be stated in an ordinance. This ordinance must be approved by a majority of the registered voters voting on the ordinance at a general or special election. Section 11. 05 Notice of Public Hearing. The City .Council must publish notice of any public hearing required in this Chapter in at least two places . One notice must be in the official City newspaper and the other may be in a City newsletter or a City-wide mailing. Notice must be published at least ten days prior to the hearing. The Council may also provide additional notice. (94-2) 37 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12 . 01 Official Publication. The Council must annually designate at least one legal newspaper of general circulation in the city as its official newspaper for the publication of legal notices, ordinances or other matters required by law and this Charter. Section 12 .02 City Newsletter. The City will publish and distribute to residents a newsletter at regular intervals at least six times each year. Section 12 . 03 Oath of Office. Before undertaking the duties of office, every officer of the City must take and subscribe an oath 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 best of my judgment and ability. " Section 12 . 04 City Officers not to be Interested in Contracts . City officers taking part in City contracts or authorized to take part in any manner in any City contract must not voluntarily receive a financial benefit or have a personal (94-2) 38 financial interest in any City contract except as otherwise permitted by State law. Section 12 .05 Official Bonds . The Clerk-Administrator, the City Treasurer and other City officers required by ordinance must be bonded. The Council will set the amount, form (including individual or blanket) , and other terms of the bond and have the bonds approved by the City attorney. The City will pay the bond premiums and keep the bonds on file. Section 12 . 06 Sales of Real Property. The City may only dispose of real property by ordinance. The City must use, as far as possible, the proceeds of any sale of such property to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is not such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds . Sectionr12 . 07 Vacation of Public Property. After a public hearing, the Councilmay by ordinance vacate any street or alley or other public grounds or part thereof within the City. The Council may prescribe by ordinance further terms and procedures for such vacation. The City must file a notice of completion ofsuch procedure in accordance with law. (94-2)39 r Section 12 . 08 Statutes not Affected by Charter. All general laws and statutes of the state applicable to all cities operating under Home Rule Charters, or applicable to cities of the same class as the City of Mounds View operating under Home Rule Charters, and not inconsistent with the provisions of this Charter, apply to the City of Mounds View and will be construed to be supplementary to the provisions of this Charter. Section 12 . 09 City to Succeed to Rights and Obligations of Former City. -The City succeeds to all property, rights and privileges and is subject to all legal obligations of the City under the former Charter. Section 12 . 10 Existing Ordinances and Resolutions Continued. All ordinances, resolutions and regulations of the city in force when this Charter takes effect, and not inconsistent with the Charter's provisions continue in full force and effect until amended or repealed. Section 12 . 11 Officers to Continue for Present Terms . All elective and appointive officers of the City holding office on the effective date of this Charter are continued in office. Section 12 . 12 Pending Condemnations and Assessments . Any condemnation or assessment proceeding in progress when this charter takes effect are continued and completed under the laws under which (94-2)40 they were begun. All assessments made by the City prior to the time when this Charter takes effect must be collected, and the lien enforced in the same manner as if this Charter had not been adopted. Section 12 . 13 Ordinances to Make Charter Effective. The Council 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 . 14 Effective Date. This Charter becomes effective [January 1, 1980 new date here?] or thirty days after adoption, whichever comes later. ( 94-2)41