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HomeMy WebLinkAbout06-27-1979 K 1 • MOUNDS VIEW CHARTER COMMISSION • MINUTES WEDNESDAY, JUNE 27, 1979 I. Meeting called to order by Chairman, Bill Doty, at 7:35 P.M. II. ABSENT MEMBERS: William Werner Sr. Dave Notaro Curt Schmidt Howard Neisen III. Motion made by Don Hodges and seconded by Wally Skiba that the reading of the meeting Minutes of May 16, 1979, be waived and be approved as written. Carried unanimously. IV. Chairman Doty reported that he obtained an answer to Question #17; namely, "Is it mandatory to hold new City Election if going from Statutory form of government to Charter form of government?" The answer obtained was that it was not mandatory to hold a new City Election. V. The following committee reports were submitted to the Commission: #4 - "General Provisions, the Plan of Government, the Council and Legislation" #5 - "Nominations, Elections, Initiative, Referendum and Recall" #6 - "Administration, Taxation and Finance" #7 - "Local Improvements, Special Assessments and Eminent Domain" #8 - "Franchises, Public Utilities and Miscellaneous Matters" Thereupon, a motion was made by Duane McCarty and seconded by Jim Wills that all Committee Reports submitted be accepted. Carried unanimously. VI. Due to the illness of Curt Schmidt, and his inability to participate as an active member of Committees: # 5 - "Nominations, Elections, Initiative, Referendum and Recall"; # 7 - "Local Improvements, Special Assessments, and Eminent Domain"; # 8 - "Franchises, Public Utilities and Miscellaneous Matters"; a Motion was made by Jim Wills that Bill Doty be accepted as a participating member and voting member of subject committees, such membership to be effective retroactively. Seconded by Duane McCarty. Carried unanimously. • Mounds View Charter Commission - Minutes - (continued) Page (2) • VII. Neil Loeding suggested that a new committee be formed for the purpose of reviewing all sections and chapters of the charter from the point of view of uniform, clear concise English; to see to the proper use of legal terms and to study all proposed provisions from the point of view of their legality; to weld all sections and chapters into one unified, consistent document, making it a complete and harmonious charter. After discussion and volunteers to such a committee, a motion was made by Bill Doty that Committee #9 be established entitled "Drafting and Phraseology", such committee to be composed of Jim Wills, as Chairman, Ruth White, Neil Loeding, Carol Ziebarth and Bill Doty. Seconded by Jim Wills. Carried unanimously. Thereupon, Chairman, Jim Wills, called a meeting of his Committee on "Drafting and Phraseology" for Tuesday, July 10th, at 6:30 P.M. at City Hall. VIII. Chairman, Bill Doty, called a special meeting of the Charter Commission for Wednesday, July 11th, at 7:30 P.M, at City Hall, for the purpose of reviewing the first draft of the proposed city charter. • Chairman Doty expressed the hope that the second draft would be completed in time to be reviewed at the Commissions regular meeting on July 25th. IX. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER A. Chapter 1 - "Name, Boundaries, Powers and General Provisions" Section 1.01 - - - correction of the spelling of the word amendments in line #5, and deletion of quote (") marks before The and after the word hours. Section 1.02 - - - in line #3, the words this charter and with inserted to make line read, "exercise in harmony with this charter and with the constitutions of this state and of the United". B. Chapter 2 - "Form of Government" Section 2.01 - - - Motion made by Jim Wills that the last sentence; namely, " The clerk/administrator shall be responsible to the council for proper administration of all city affairs", be deleted. Seconded by Milan Illig. Vote: (1) Nay. Motion passed. • Mounds View Charter Commission - Minutes - (continued) Page (3) • IX. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER - CONT'D B. Chapter 2 - "Form of Government" - cont'd. Sec. 2.03 - - - amended to read: "Council composition and election. The council shall be composed of a mayor and four councilmembers who shall be qualified electors. A councilmember shall serve for a term of four years and/or until his successor is elected and qualified. The mayor shall serve for a term of two years and/or until his successor is elected and qualified." Sec. 2.05. Vacancies.- - the last sentence amended to read: "In each such case the council shall by resolution declare the vacancy to exist." Sec. 2.06. The Mayor's power and duties. - - - typographical corrections only as indicated in Subdivision 1. Subdivision 2. - - - the last sentence amended to read: "He shall also deliver messages to the council and people including a comprehensive message on the state of the city as soon as practicable after the begin- ning of each year of his term of office." 410 C. Chapter 3 - "Council Procedure" Sec. 3.01. Council meetings. - - - in line #4, delete the word twelve and insert the word twenty-four. Sec. 3.02. Secretary of council. - - - in line #2, delete the word He and insert the words The secretary. Sec. 3.05. Procedure on ordinances. - - - in line #4, the word Mounds View to be inserted, and in line #5, the number 14 to be inserted. Sec. 3.06. Emergency ordinances. - - - in line #7, delete the words one vote of. In line #14, page 6, delete the words passage of the Sec. 3.07. Procedure on resolutions. - - - sentence amended to read: "Every resolution shall be presented in writing and read in full before adoption." Sec. 3.08. Signing and publication of ordinances and resolutions. - - First sentence amended to read: "Every ordinance or resolution passed by the council shall be signed by the mayor, attested, filed and preserved by the city clerk." At the end of line #5, after a insert the word published. • Mounds View Charter Commission - Minutes —(continued) Page (4) IX. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER - CONT'D C. Chapter 3 - "Council Procedure" - cont'd. Sec. 3.09. When ordinances and resolutions take effect. - - - in line #4, insert the number 30 and delete the word "publication", and insert the word approval, instead. The sentence, therefore to read: "Every other ordinance shall take effect 30 days after approval, or at such later date as it specifies." Sec. 3.10. Amendment and repeal of ordinances and resolutions. - - - Subdivision 1. - - - add the following sentence to the subdivision: "Any proposed ordinance or resolution which conflicts with or changes the intent or requirements of an existing ordinance or resolution shall be considered an amendment of an ordinance or resolution and, therefore, shall be subject to this Sec. 3.10, Subd. 1." Subdivision 2. - - - sentence amended to read: "An ordinance passed under the initiative or referendum power shall not be repealed or amended by the council except by approval of the voters." • Sec. 3.11. - - - title amend to read: "Revision and codification of ordinances and indexing of resolutions." It was recommended that this Section be referred to the Phraseology Committee to rewrite for better clarity and understanding. D. Chapter 4 - "Nominations and Elections" Sec. 4.01. The regular municipal election. - - - amended to read as follows: "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 may designate. At least fifteen days prior notice shall be given by the city clerk of the time and the places of holding such election, and of the officers to be elected, 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. Failure to give such notice shall not invalidate such election. All elective officers provided by this charter shall then assume their duties at the first meeting of the office to which they were elected and qualified following such election." Motion made by Jim Wills and seconded by Duane McCarty that Sec. 4.01 be accepted, as amended. Carried unanimously. • Mounds View Charter Commission - Minutes - (continued) Page (5) IX. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER - CONT'D. D. Chapter 4 -"Nominations and Elections" - cont'd. Sec. 4.02. Special Elections. - - - amended to read as follows: "The council may by resolution order a special election and provide all means for holding it. The clerk shall give at least 15 days published prior notice of a special election. The procedure at such election shall conform as nearly as practicable to that prescribed for other municipal elections." Sec. 4.04. Judges and Clerks of Election. - - - amended to read as follows: "The council shall at least ten days before each municipal election appoint election judges and/or clerks of election in sufficient numbers to serve each precinct as determined by the council, each of whom shall be qualified electors." Sec. 4.06. Canvass of Elections. - - - the last sentence amended to read: "When two or more persons shall receive an equal number of votes for the same office, the election shall be determined by the flipping of a coin, • in the presence of the council, at such time and place and in such manner as it may direct." Sec. 4.07. Vacancies of Municipal Elected Offices. Subdivision 2. - - - amended to read as follows: "Notwithstanding the 37 day requirement in Subd. 1, should the vacancy in an elected municipal office occur within 90 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election." X. It being 1:35 in the morning, a motion was made by Jim Wills, seconded by Wally Skiba that the meeting be adjourned. Carried unanimously. Chairman Doty requested that the meeting reconvene at 7:30 P.M. that evening. XI. Meeting reconvened by Chairman Doty at 8:02 P.M. (6/28/79) ABSENT: Milan Illig Walter Skiba William Werner Curt Schmidt Dave Notaro Howard Neisen Richard Lykke Mounds View Charter Commission - Minutes - (continued) Page (6) 111 XII. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER - CONT'D. E. Chapter 5, "Initiative, Referendum and Recall" reviewed and amendments made as indicated on attached proposed drafts. Motion made by Jim Wills that Sec. 5.09. Recall Petition, be amended to change the percent figure from 15% to 20%. Seconded by Duane McCarty. Vote: (1) Nay. Motion carried. Sec. 5.09. to read: Recall Petition. The petition for the recall of any official shall follow the petition requirements as outlined in Sec. 5.02 except that the number of signers of the recall petition must be at least 20 percent of the total number of registered voters who cast their vote in the last regular city election. F. Chapter 6, "Administration of City Affairs" - - amended as indicated on attached proposed drafts. The following sections referred to Phraseology Committee for re-writing: Sec. 6.02, Subd. 5. Ordinances, resolutions and claims Sec. 6.02, Subd. 9. The clerk-administrator shall • Sec. 6.02, Subd. 13. The clerk-administrator shall supervise. . . Sec. 6.04, Subd. 1. Administrative organization Sec. 6.04, Subd. 3. Department heads shall Sec. 6.06, Purchases and Contracts - - - - deleted. Motion made by Bill Doty that the Commission accept the first 5 Chapters, as amended, and submit them to the Committee on Drafting and Phraseology as the Commission's first Draft. Seconded by Lowell Nygaard. Carried unanimously. Motion made by Jim Wills that the Commission accept Chapter #6, Admin- istration of City Affairs, as amended, and submit to the Committee on Drafting and Phraseology as the Commission's first Draft. Seconded by Don Hodges. Carried unanimously. Don Hodges and Carol Ziebarth excused from meeting at 12:30 A.M. • • Mounds View Charter Commission - Minutes - (continued) Page (7) XII. STUDY AND REVISION OF VARIOUS PROPOSED CHAPTERS OF CITY CHARTER - CONT'D G. Chapter 8, "Public Improvements and Special Assessments" Reviewed Sections 8.01, 8.02, and 8.03 - - - no changes. Section 8.04. Public informational provisions. - - - second page, proposed to be amended as follows: "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 411 shall not apply to public improvements undertaken under Section 3.06 of the 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. ." H. Chapter 9, "Eminent Domain" Section 9.01. Acquisition of property - - - second page, proposed to be amended as follows: "The city may acquire, by purchase, gift, condemnation, or otherwise, any property, 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 Statutes, Chapter 117 or other applicable law. At least two weeks before a public hearing is held or a final decision is made by the city council on the acquisition of the property, information shall be distributed to as many residents of the city as is feasible, giving the purpose of the acquisition, the estimated cost to the city both immediate and long range, the proposed method of financing, and to what extent the acquisition meets or bears relationship to the needs of the city as defined pursuant to Section 7.05 of the charter." XIII. Motion made by Jim Wills and seconded by Lowell Nygaard that the meeting 410 be adjourned. Carried unanimously. Adjourned at 1:00 A.M. (6/29/79) Ruth A 'te, Secretary ATTACHMENTS 4 CHARTER CO.1MITTEE ON GOVERNMENT MEETING 5/15/76 4 CHAIRPERSONS DON HODGES, HOWARD NIESEN, NEIL LOEDING The committee reviewed the league model charter, utilizing resources from the many city charters such as Red Wing, Hastings and East Grand Forks. Following is a draft of Chapters. 1, 2 & 3 to be reviewed and presented by the Charter Commission. _ CHARTER • CITY OF MOUNDS VIEW, MINNESOTA CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1.01. Name and boundaries. The City of Mounds View, Ramsey County, Minnesota shall- continue to be a municipal corporation under that name and with the same boundaries as now are or hereafter may be established. The city clerk shall keep in his office at least two copies of this charter with -aramen nts, enter, and in each copy he shall maintain an accurate up-to-date des- cription of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours Sec. 1.02. Powers of the City. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to this charter and with exercise in harmony with/the constitutions of this state and of the United States. It is the intention of this charter to confer upon the city every power which it would have if it were specifically mentioned. The charter shall be construed liberally in favor of the city and the specific mention of particular municipal powers in other sections of this charter does not limit the powers of the city to those thus mentioned. Unless granted to some • other officer or body, all powers are vested in the city council. CHAPTER 2 FORM OF GOVERNMENT Sec. 2.01. Form of Government. The form of government established by this charter is the "Mayor Council Plan". Except as otherwise provided by law or this charter, all powers of the city are vested in the council. 114/aii/d4t/ DETFTE vig00000/41`04/1//WlegfeWPWAPW/471/4W,6,6,444,714//Welpiicrile41/a(clidfifitliiiarf/d1/017 d0/00446X/ Sec. 2.02. Boards and commissions. There shall be no separate administrative board of health, library board, or any other administrative board or commission except for the administration of a function jointly with another political sub- division. The council shall itself be and perform the duties and exercise the powers of such boards and commissions provided for by statute. The council may, however, establish boards or commissions to advise the council with respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi-judicial functions. . • Sec. 2.03. Council composition and election. The council shall be composed A councilmember of a mayor and four councilmembers who shall be qualified electors.AWAtA or shall serve for a term of four years and/until his successor is elected and qualified. inga*fit.04.au k vE loins+//a'nz'/ e'/ f' / X 1 4113 /MAN/WA I'/tAA'/W9IP 9' /9 /440 aValeeif/fif.6A64/,66f 4A07/'/A4WW/`kWKWA , /4166,iVAYIVA Bali/$' '.'/ifizW/fOx` f'diff4ddfi/ d/ ,EANA7'Apfd/aea g'fX/ 4AA4Ala£b l/V6Wf'df///////04f /. or The mayor shall serve for a term of two years and/until his successor is elected • and qualifies. Sec. 2.04. Incompatible offices. No member of the council shall hold any paid municipal office or employment under the city; and until one year after the expiration of his term as mayor or councilmember no former member shall be appointed to any paid appointive office or employment under the city which was 410 created or the compensation for which was increased during his term as council- member. • Sec. 2.05. Vacancies. An elective office becomes vacant when the person 111 elected or appointed thereto dies before taking office or fails to qualify, or the incumbent dies, resigns in writing filed with the city clerk, is con- victed of a felony, ceases to reside in the city, or is adjudged incompetent by a court of competent jurisdiction. In each such case the council shall by resolution declare the vacancy to exist., df/,EEl//fOrW '/a'p`p'q'WI/ Sec. 2.06. The Mayor's power and duties. •s Subdivision 1. The mayor shall preside at »== •'•` of the council and shall have a vote as a member. The council shall choose from its members an hold acting mayor who shall 7M office at the pleasure of the council. He shall serve as mayor in the mayor's absence and as mayor in case of the mayor's disability or absence from the city. The mayor shall be recognized as head • of the city government for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for purposes of martial law, but he shall have no administrative duties. Subd. 2. Consistent with his responsibility to accept considerable leadership over the general conduct of city affairs, the mayor may study the operation of the city government and recommend to the council such changes and improvements as he believes to be desirable. He shall also deliver ,/messages to the council and people including a comprehensive message on the state of the city as soon as practicable after i6 /,EyfiWS// the beginning of each year of his term of office. Sec. 2.07. Salaries. The mayor and councilmembers shall receive such com- pensation as is fixed by the council in accordance with law. Officers and employees of the city shall receive such salaries or wages as may be fixed • by the council. Sec. 2.08. Investigation of city affairs. The council may make investigations - 3 - into the affairs of the city and the conduct of any city department, office • • or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The council shall provide for an audit of thecity's.accounts_ at least once a year by the state depart- - meat in charge of such work or by a public accountant. At any time the council may provide for an examination or audit of the accounts of any city officer or agency and it may provide for any survey or research study of any subject of municipal concern. To expedite these purposes, councilmembers shall be assigned as liaison to city departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility. CHAPTER 3 COUNCIL PROCEDURE Sec. 3.01. Council meetings. The council shall meet regularly at least twice each month at such times and places as the council may designate by rule. The mayor or any two members of the council may call special meetings of the twenty-four council upon at least otami, hours notice to each member and such reasonable public notice as may be prescribed by council rule in compliance with the laws of Minnesota. To the extent provided by law, all meetings of the council and its committees shall be public and any citizen shall have access to the minutes and records of the council at all reasonable times. During any of its public meetings, the council shall not prohibit, but may place, reasonable restrictions upon citizen's comments and questions. Sec. 3.02. Secretary of council. The city clerk shall act as secretary of The secretary the council. Hi shall keep a journal of council proceedings and perform such other duties as this charter or the council may require. The council may desig- nate any other city official or employee except a member of the council to act as secretary of the council. - 4 - Sec. 3.03. Rules of procedure and quorum. The council shall determine its • own rules and order of business. A majority of all members shall constitute a quorum but a smaller number may adjourn from time to time. The council may by rule provide a means by which a minority may compel the attendance of absent members. Sec. 3.04. Ordinances, resolutions, and motions. Except as otherwise pro- vided in this charter, all legislation shall be by ordinance. The votes of council members on any action taken shall be recorded in accordance with statute. Except as otherwise provided in this charter, an affirmative vote of a majority of all the members of the council shall be required for the adoption of all ordinances and resolutions. Sec. 3.05. Procedure on ordinances. Every proposed ordinance shall be pre- sented in writing. No 'ordinance shall contain more than one subject which shall • be clearly expressed in its title. The enacting clause shall be, "The City Mounds View of ordains." No 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 introduction and final passage. Sec. 3.06. Emergency ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of the entire City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be passed finally at the meeting at which it is first introduced and voted upon§ by O#4#k## f00the • Council. An emergency ordinance shall remain in effect for the duration of the emergency and shall become void when the emergency no longer exists. No - 5 _ prosecution shall be based upon the provisions of an emergency ordinance until 411 24 hours after the ordinance has been filed with the City Clerk after passage and posted in three conspicuous places in the City, or until the ordinance has been published as provided in the preceding paragraph, unless the person charged with violation thereof had actual notice of the the M~haiihttik# ordinance prior to the act or omission resulting in the prosecution. Sec. 3.07. Procedure on resolutions. Every resolution shall be presented in writing and read in full before adoptions 31040/0004d4{ l/ ssia/ Sec. 3.08. Signing and publication of ordinances and resolutions. Every ordinance or resolution passed by the council shall be signed by the mayor, the city clerk. attested, +##AV# /t # CJAPei##iAd filed and preserved by filth. Every ordinance shall be published at least once in the official newspaper. To the extent and in the manner provided by law, an ordinance may incorporate by reference a published (a) statute,b state administrative rule or regulation of Minnesota,ca code, or (d)ordinance,or part thereof, without publishing the material referred to in full. Sec. 3.09. When ordinances and resolutions take effect. Every resolution and emergency ordinance shall take effect immediately upon its passage or at such later date as it specifies. Every other ordinance shall take effect a,,pproval 30 days after approval .# or at such later date as it specifies. Every ordinance and resolution adopted by the voters of the city shall take effect immediately upon its adoption,or at such later date as it specifies. Sec. 3.10. Amendment and repeal of ordinances and resolutions. • Subd. 1. Every ordinance or resolution repealing all or part of a pre- vious ordinance or resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution shall be amended by reference to the title alone, but such an amending ordinance or resolution shall set forth in full each section or sub- • division to be amended and shall indicate by appropriate type or symbols matter to be omitted or added. Amendment or repeal of an ordinance shall require a 4/5 vote of the council. (additional sentence inserted - see below **) 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 Ab'u 07191Y/W0/$4e/, `,idA-446/WW/4/MA '/9/f4/ 4(egA6.f/A.fi44-A ri; aYA/s1/p4/dd`Ya/i/iZeica/ and indexing of resolutions. Sec. 3.11. Revision and codification of ordinances! The city shall revise, and index resolutions rearrange, and codify its ordinances/with such additions and deletions as may and resolution be deemed necessaryg at least once every two years. The ordinance code/may be index published in book, pamphlet, or continuously revised -loose-leaf form and copies shall be made available by the council at the office of the city clerk for • general distribution to the public000H# for a reasonable charge. Publication in such a code shall be a sufficient publication of any ordinance provision not previously published,if a notice that copies of the codification are available at the office of the city clerk is published in the official newspaper for at least two successive weeks. ** "Any proposed ordinance or resolution which conflicts with or changes the intent or requirements of an existing ordinance or resolution shall be considered an amendment of an ordinance or resolution and, therefore, shall be subject to this Sec. 3.10, Subd. 1." 111 . - . . - 7 - • CHAPTER 4 NOMINATIONS AND ELECTIONS Sec. 4.01 . The Regular Municipal Election. A regular municipal elec- tion shall be held on the first Tuesday after the first Monday in Novem- ber of each even numbered yeascommencing in 1980 at such places as the city council may designate. *(A.3--ei.-ect-ie e-e fi-e-e-re--prrevided-b-y-iris =J Char ei--s }l- Oren--a•ss e-their--dues-�1�- e- P6 Itlegykdit -meed- rte�f d qua- �,fied t -ffff dee ta-�+rkich-tom-were--e3�e-ted//1�lew-rnn--eue -el-e-e-ti-err. ) At least fifteen-days ri4iWi0410 notice shall be given by the city clerk of the time ande:.the places of holding such election, and of the officers to be elect edtbyposting a notice thereof in at least one public place in each -_ election precinct, NI by publishing a notice thereof at least once in the official newspaper of the -city. dt/i' '0/ X/✓/ // ,6//9VAXYc� / 31/A'2`0 X// X �' . to give such notice shall not invalidate such election. * 411z-elective .officers provided by this charter shall. then assume their duties at the First meeting o Ie office to h they were elected and qualified following such election. _ Sec. 4 .u:-. Speciai Elections. The council may 'oy resolution order a special election and provide all moans for holding it. The clerk shall '"gt.v'e aleast 15 days published/ notice of a special election. The proced _.,.,, -• RACTI T F ,ure. a.t such election shall conform as nearly as gl� to that prescrib- :. far other municipal elections. Se3c, 4.03. Filing, For Office. No earlier than 37 days or later than 30-'days before the municipal . election, any voter of the city qualified under the state constitution for elective office may, by paying a. filing fee to the city clerk in an amount as set by ordinance, have his name placed on the municipal ballot. , Sec. 4.04. Judges and Clerks of Election. The council shall at least ten days before each municipal election appoint election judges and/ or - clerks of election in sufficient numbers to serve each precinct as deter mined by the council, each of whom shall be qualified electors o#f##tom Sec. 4.05. Procedure at Elections. Subject to the provisions of this charter and applicable state laws, the council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provid- ed in this charter or in ordinances adopted pursuant thereto, the general PERTAINING caws of the State of Minnesota tffidttliktifilfey to elections shall apply to municipal elections. Sec. 4 . 06. Canvass of elections. The returns shall be made to the clerk within two days after any election under this charter. The council shall meet and canvass the returns thereof and declare the result as appears from •such returns within three days after the election, and the clerk shall forthwith give notice, thm to the officers elected, of their respective elections. A plurality of votes for qualified elective officers shall con- stitute an election. When two or more persons shall receive an equal number of votes for the same office the election shall be determined by the cd€gh.66264 ** ####101;gs, in the presence of the council, at such time and place and in such manner as it may direct. ** INERT "flipping of a coin". Sec. 4 .07. Vacancies of Municipal Elected Offices. Subdivision 1. If a vacancy in an elected office of the city should occur with 365 days or more remaining in the vacated office, there shall be a special election hchld, within 37 days after the vacancy or vacancies occur, to elect a successor to serve for the remainder of the unexpired term of the office vacated. In the case of a vacancy where there remains less than 365 days in the unexpired term, under this section the council shall by a majority vote appoint a successor to serve for the remainder of said term. ,.rior to Subdivision 2. Notwithstanding the 37 day requirement in Sub. 1 , should the vacancy in a n elected municipal office occur within 90 days .•+�i a regular municipal electionx date, the special election to fill the vacancy shall coincide with the regular election. • CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Sec. 5.01 . Powers Reserved by the People. The people of Mounds View leeserve 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, eilet#1 # ##d# i #d## POOP # MY# thkityybvidyfitygmhitiog#0-001,#fliwyw, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall respectively. Sec. 5.02. Petitions. An initiative or referendum shall be initiated by a petition signed by registered voters of the city equal in number to 10 percent of those who voted in the last preceding regular c gtyter edc- • tion. Each petition shallbe sponsored by a committee of five/voters of the whose names and addresses shall appear on the petition on file in the city city clerk' s office. A petition may consist of one or more papers, but each paper circulated separately shall contain at dr head or attached to it the statement required by section 5.05 5.07, as the case may be. each signer shall sign his/her name and give his/her street address. Each Illgeparate page of the petition shall haveappended to its certificate, verified by oath, by the circulator, that each signature is the genuine signature of the person whose name it purports to be. The person making and a registered voter the certificate shall be a resident/ of the city. Sec. 5.03. Determination of Sufficiency. Within five days after the filing of the petition the city clerk shall ascertain by examination the number of electors whose signatures are appended thereto , and whether . this number is at least ten percent of the total number of electors who cast their votes at the last ti ` Wd #g regular city election. The city clerk - shall then have an additional five days to report to the city council as - ' to the sufficiency of the petition. Upon receiving the report, the council - shall determine 4y##IWAPAMORAI# ## ## 4 '# ARA # °4401#59M4407/• AND DECLARE WHETHER OR NOT THE PETITION IS SUFFICIENT. • or irregular Sec. 5.04. Disposition of Insufficient/Petition. If the council determines that the petition is insufficient or irregular, the city AfiJerk shall deliver a copy of the petition, together with a written Ilgtatement of its defects, to the sponsoring committee. The committee shall have 30 days in which to file additional signature papers and to correct the petition in all other particulars. 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 ordinance to the voters at the next regular or special election at its option. An -Sec. 5.05. Initiative. gay ordinance,//0M4 ,// //Wcti f6,//# X fel/kked/kil W)Vx X0 /V,/ '9' !/Alrl/ !/ /4/f!/ /,/ may be proposed by a petition *which shall state at the head of each page or attached thereto the exact text of the proposed ordinance50 The counci44N/LW/6 /'0R5/,// 51W1 # enactthe e proposed ordinance within #%u days after the final determin- tion. of/sufficiency of the petition., ,7127766/e//66i&WZ/VA/1/i/it/d/hiVaiit//W WY Ndai/o c /2W/tai$'/OM/ 't/If/OPR/0/`/ 9�p5 //- //tit/i/9 /AIWAl i /,r3AY ' /t'f J`Y '/fnogX//vo/ti ,i.r tpy/,6/// /f s6A/ ' 4S//9'X//! //c1W/t/j/9fYlf t h el r d i n- ance HAVFMAY#000A4Von the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the ik petitions council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective 30 days after certification of the election results, unless atherwisexspe�ifindxix.xthexordinar:cx the an ordinance specifies daidViiii. effective date# subsequent.to the certification. Sec. 5.06. Initiative of Charter Amendments. Nothing in this chapter shall be construed as in any way affecting the right ofdmthes t ectts`c/ to Pse amenthe constitution and statutes of Minnesota.d/ 6/i46 '/ ,e , js//q'//t4 • REF'EFiENDUM Sec. 5.07. AE # ordinance, resolution, or measure passed by the council •ay be referred to the electorate through a petition for referendum. The petition for referendum shall follow the petition requirements as outlined in Sec. 5.02. If the petition submitted under this section is found to be sufficient the ordinance, resolution, or measure passed by the council, 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 on the ordinance, resolution, or measure passed by the council, to be held within such period. If a majority of the voters voting thereon favors the ordinance, resolution, or measure passed by the council, it shall remain in effect, if a majority of the electors voting thereon votes against the ordinance, resolution, or measure passed by the council, it shall be considered repealed upon certification, of the election results.. • Sec. 5.08. Recall Petition. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall file a certificate with the •ity clerk naming the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their intention to bring about the officer' s recall . A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation until the certificate has been filed with the city clerk. Sec. 5.09. Recall Petition. The petition for the recall of any official shall follow the petition requirements as outlined in Sec. 5.02 except that the number of signers of the recall petition must be at least id20 percent of the total number of registered voters who cast their vote in the last j5wp44130 regular city election. Sec. 5. 10 Filing The Recall Petition. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the petition within the next five days, and if the city clerk finds it irregu- lar in any way or finds that the number of signers is less than required 410in Sec. 5.09 the city clerk shall so notify one or more members of the committee. The committee shall then be given 20 days in which to file additional signature papers and to correct the petition in all other resp- ects, but they may not change the statement of the grounds on which the ( Sec. 5. 10) Continued) • recall is sought. If at the end of that time the city clerk finds the petition still insufficient or irregular, the city clerk shall notify all the members of the committee to that effect and shall file the petition in the city offices. No further action need be taken by. the clerk at this time. The final finding that the recall petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose. Sec. 5.11 Recall Election. If the petition or amended petition is found sufficient, 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 1=u';iiiA# and of the pending action. The council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than thirty days nor more than fortyfive days after such meeting, except if any other election is to occur within sixty days after such meeting, the council may in its scretion ���;�� provide •for the holding of the recall vote at that time. The city clerk shall include with the published notice of the vote the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned in justification of his/her course of office. herein If a vacancy occurs due to a recall election,Sec. 4. 07/shall apply to fill said vacan ay. S/e'e l// ,1 1// ', 14//k70 tilod /.///11W/d6xfa5th/Zte'1f/ /dll. /A //dita/rf6,67 /Midi krAii e61/ie/gil Tda Xi/f6e/-6f.6//i/nlfkAld- i/di/i6 iiignWAVairW/zWia4/1/j/ .bdrlk ls't 64/fl/vita/1tM/s//ag ///zW/i/tl4/e/o(�l/fal�� REPORT COMMITTEE: Administration, Taxation, and Finance STINGS : City Hall 7: 30P.M. 6/15/79 Doty , Loeding , Lyxxe CHAPTER 6 • ADMINISTRATION OF CITY AFFAIRS Sec. 6.01. Administrative responsibilitk.. The council is the head of the administration. The council shall appoint a clerk-administrator to assist in the administration of city affairs. Sec . 6.02. Duties of the clerk-administrator. Subdivision 1. The duties of the clerk-administrator of the municipality shall include the -duties of the clerk. The clerk-administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointmentAsLSand the results of all municipal elections. The clerk-administrator shall/hav e the duties set forth in the following subdivisions: • Subd. 2 . The clerk-administrator shall keep a minute book, noting therein all proceedings of the council. Subd. 3. The clerk-administrator shall keep an ordinance book, in which in their entirety lirshall record MiagroigAbi all ordinances/passed by the council. Subd. 4. The clerk-administrator shall keep an_ account boot, 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 # #il## ### 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 cleric and can be accurately identified from the description given in the minutes. The clerk-administrator shall act as the clerk and bookeeper 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 appropiate duties as may be imposed upon him by the council. For certi- fied copies and for filing and entering, when required, papers hot relating to municipal business, he shall receive the fees allowed by law to town clerks; bat the council may. require the clerk to pay sub fees to the •unicipal treasury. With the consent of the council, he may appoimt a dep- uty for whose acts he shall be responsible and whom he may remove at pleas- Page 2. ure. In case of the c/jerk-administrator' s absence from the municip._ality • or disability, 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 6lerk-administrator shall coordinate the administration in conjunction with heads of departments as a group' as provided by this charter and council action. Subd. 7. The clerk-administrator shall participate with affected munici- pal department heads and other appointed officials in the preparation of 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. - Subd. 8. In conjunction with municipal department heads and other ap- pointed officials, the clerk-administrator shall coordinate the prepar- ation of an annual fiscal budget and capital improvement plan for sub- mission to the council. He shall maintain financial guidelines for the municipality within the scope of the approved budget and capital program. cause to be prepared Subd. 9. The clerk-administrator shal1441epatle. the annual financial • statement and such other staements that are required by statute. Subd. 10. The clerk-administrator shall attend all council meetings and provide input to the council. He :# U4 attend at his discretion or by invitation other committee and commission meetings• as authorized by the council, Subd. 11. The clerk-administrator shall coordinate/municipal programs and activities.a ##. tlii;Y # ## '##ion . Subd. 12. The clerk-administrator shall participate with the financial officer, if such there be, in the submission of periodic reports to the council on the financial condition of the municipal accounts. Subd, 13. The clerk-administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subd. 14. The clerk-administrator shall coordinate the activities of all municipal department heads and other appointed officials in the ad- ministration of municipal policy. He may advise the council i ¢decisions theemployment or removal of department heads a�nd,1off icials. affecting Subd. 15. The clerk-administrator shall work in cooperation with the • council' s appointed attorney and engineer. Subd. 16. The clerk-administrator shall prepare news releasesA • and discuss public relations material with all concerned as required. We shall maintain, along with the rest of the staff, good public relations with the general public. page3. Subd. 17. The clerk-administrator shall consult as directed by the coun- cil with appointed officials and with other public or private agencies 41, may be required. Subd. 18. The clerk-administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subd. 19. The clerk-administrator shall participate with affected munici- pal unicipal department heads and other officials in advising the council on the terms and conditions of employee labor contracts for presentation to the council. ,:-.:Subd. 2i. The clerk-administrator shall perform al l duties required of him by the council. s Subd. 20. The clerk-administrator shall prepare an annual report to in- form the public about the financial condition of the city. Sec. 6.03. City treasurer. The council shall appoint a treasurer. This office shall be separate from that of the clerk-administrator. The duties of the treasurer shall be as specified by statute, this charter and the city council. Sec. 6.04. Administrative organization. Subdivision 1. The city council tall appoint heads of departments and such other and further officers and personnel as may be required to operate the city 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. Subd. 2. Department heads and other appointed officials are directly responsible to the council. While they may mage decisions of a daily routine nature in operation of their departments, all questions of major policy must be referred to the council itself. Subd. 3. Department heads shall perform the following tasks: long and short term department plannin c, organization, direction and coordina- tion of the work load, reporting im person at frequent intervals to both the council and the general public , and budgeting, both preparation and execution. In fulfilling these tasks department heads shall coordinate the activities of their departments with the clerk-administrator. Sec. 6.05. Attendance of officials at council meetings. The heads of • apartments and any other employees of the city shall attend meeting of the council at which their presence_ is requested by the council. Ae/ty/Mt9P.///yX 's s'� /fid/k/VitkaVW./// '.h/'/eb//(t,ciA1i/6///itWhit34/ela/f Page 4. city purchases and contracts may be made by the clerx-administrator • when the amount involved does not exceed $ ,%' . Purchases and contracts above this amount shall be let by the council. Contracts shall be made in compliance with statute, and whenever competitive bids are required, the contract shall be let tothe lowest responsible bidder. All contractsbond Astruments of any`.,xind to which the city is a party, shall be signed by the mayor and the cleric-administrator on behalf of the city and shall be executed in the name of\the city. The council may by ordinance adopt further regulations for the maxing of bids and letting of contracts. • • • S *6 iv S t COivI r1ITTEE: LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS,AND EMINENT DOMAIN 41P3TINGS : CITY HALL 7;.30 P.M. 6/21/79 DOTY , LOEDING,NOTARO, WERNER 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 improve- ment may not exceed the cost of the improvement , including all costs and expenses connected therewith, with interest charges not to exceed the amtual 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. •ec. 8.03. Local impromement 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 inform s.7 `0 ational provisions ofc.A8.04 of the charter. The council may by ordi nance prescribe the procedure to be followedin max.ingL.any-other- local`_ improvement and levying assessments therefor' providing that.. such. pro-• ceedure is consistent with the4provisions of the charter".. Sec. 8.04. Public informational provisions. For each proposed. public improvement the city shallfie =4a description of- the proposal to and col--- _ic t a op-i in- frnr7 the owners of the real property to be- benefitted. Such description shall set out the purpose, scope, construction timetable, proposed means of financing, estimated total cost, the basis for alloca- tion of cost among different classifications of property, the extent to • which undeveloped property is to be assessed on the basis of its land use classification, the estimated cost to representative property owners, and to what extent the proposed improvement meets or bears relationship to •he needs of the city as defined pursuant to Sec. 7.05 of the charter. A map shall be incliidea to supplement the designation of the boundaries • S . 's - . t -" • fif the proposed improvement. Additionally, the mailing shall include a permanently displayed notice.-thatjover a 10 day period during business hours/a record book will be maintained at the office of the clera-admin- istrator wherein affected property owners, upon presenting identifica- tion, may record their signatures as in favor of or adverse to the pro- posed improvement. The record boos shall be permanently bound with ser- ially 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 mailing to be made to city residents of both the poll results and the same information that had been supplied to the owners of the properties to be benefitted by the proposed improvement. This mailing shall be made at. least 2 weeks before a public hearing ;s i « of fi «...L c� i s:�. ,� �+.e-.,(2_3.- e / c:fps c..w.�c c k r7� ,n,p p r improvement. In making the mailing to the public, the city may use water meter records, the city newslet{ r addressee list, and other sources in order to inform as many residents as is feasible. The provisions of this section shall not apply to public improvements undertasem p umda' . 3.06 of the charter or to improvements which have been petitioned Aar by all Athe owners in frontage of the real property abutting on the streets named in the petition as the location of the improvement. • CHAPTER _9 F:MTNE.NT DOMAIN �- Sec. 9.01. Acquisition of property. The city may a'quire, by purchase, gift, condemnation, or otherwise, any property* either',wi.thin 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 Statutes., Chapter 117 or other ap- plicable law. At least two weeks before a final decision is made by the city council on the acquisition of grope"ty t e , information shall be mailed to residents giving . the purpose of the acquisition, the estimated cost to the city both im- mediate and long range, the proposed method of financing, and to what ex- tent the acquisition meets or bears relationship to the needs of the city �Cc'l�� �s defined pursuant to -£--e--. 7.05 XX of the charter. In making the mail- ing to the public, the city may use water meter records, the city newslet- ter addressee list and other sources in order to inform as many residents as feasible.