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HomeMy WebLinkAboutDrafting and Phraseology Comm MINUTES • DRAFTING AND PHRASEOLOGY COMMITTEE DATE: July 10, 1979 PLACE: Mounds View City Hall TIME: 6:50 P.M. PRESENT: Jim Wills, Chairman Neil Loeding Bill Doty Carol Ziebarth Ruth White • Duane McCarty BUSINESS: Reviewed First Draft of Chapters 1, 2 and 3 of Proposed City Charter and made corrections or additions where necessary. (See attached. ) • Jim Wills left at 10:15 P.M. ADJOURNED: 11:15 P.M. • • 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 nor are or hereafter may be established. The city clerk shall keep in his/her office at least two copies of this Charter with amendments, and shall maintain in each copy an accurate up-to-date description of the boundaries. The copies of the Charter, amendments, and boundary de- scriptions shall be available for public inspection at any time during regular office hours. Sec. 1.02. Powers of the City. The city shall have all powers which it may • now or hereafter be possible for a municipal corporation in this state to exercise in harmony with this Charter and 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. Sec. 1.03. Charter a Public Act. This Charter shall be a public act and need not be pleaded or proved in any case. • • • 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 state law or this Charter, all powers of the city are vested in the council. 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 state law. The council may, however, establish by ordinance boards or commissions to advise the council with • respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform quasi-judicial functions. Sec. 2.03. Council Composition and Election. The council shall be composed of a mayor and four councilmembers who shall be qualified electors. A councilmember shall be elected at large and shall serve for a term of four years and/or until a successor is elected and qualifies. The mayor shall serve for a term of two years and/or until a successor is elected and qualifies. Sec. 2.04. Incompatible Offices. No member of the council shall hold any paid municipal office or employment through the city other than that to which elected. Further, until one year after the expiration of his/her term, no mayor or councilmember shall be appointed or employed by the city in a compensated position which was created, or the compensation for which was increased, during his/her term 410 as mayor or councilmember. -2- • Sec. 2.05. Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation, removal from office, ceases to reside in the city, continuous absence from the city for more than three months, or conviction of a felony of any such person after his/her election, or by reason of the failure of any councilmember without good cause to perform any of the duties of membership in the council for a period of three months. In each such case the council shall by resolution declare the vacancy to exist. Sec. 2.06. The Mayor's Power and Duties. Subdivision 1. The mayor shall preside at meetings of the council and shall have a vote as a member. The mayor shall be 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 shall have no administrative duties. The council shall choose from its 111 members the acting mayor who shall hold office at the pleasure of the council. An acting mayor shall serve as mayor in the mayor's absence and as mayor in case of the mayor's disability or absence from the city. Subd. 2. Consistent with the responsibility to accept considerable leadership over the general conduct of city affairs, the mayor may study the operations cf the city government and recommend desirable changes and improvements to the council. The mayor shall also deliver messages to the council and the public, including a compre- hensive message on the state of the city as soon as practicable after the begin- ning of each year of his/her 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 state law. Any increases • in such compensation shall not become effective until after the next municipal election. -3- • Other 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 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 _vidence. The council shall provide for an audit of the city's accounts at least once a year by the state department in charge of such work or by a public accountant. At any time the council may provide for an exam- ination or audit of the accounts of any city officer or agency, and it may provide for any survey or research study of any subject of municipal concern. To expedite these purposes, councilmembers shall be assigned as liaison to city departments. Their assignments shall be rotated periodically and shall involve no administrative • responsibility. CHAPTER 3 COUNCIL PROCEDURE Sec. 3.01. Council Meetings. The council shall meet regularly at least twice each month at such times and places as the council may designate by rule. The mayor or any two members of the council may call special meetings of the council upon at least twenty-four 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. • -4- Sec. 3.02. . Secretary of Council. The city clerk shall act as secretary of the • council. The secretary shall keep a journal of council proceedings and perform such other duties as this Charter or the council may require. In the absence of the city clerk, the council may designate any other city official or employee, except a member of the council, to act as secretary of the council. Sec. 3.03. Rules of Procedure and Quorum. The council shall determine its own rules and order of business. A majority of all members shall constitute a quorum, but a smaller number may adjourn from time to time. The council may by rule provide means by which a minority may compel the attendance of absent members in accordance with state law. Sec. 3.04. Ordinances, Resolutions, and Motions. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The votes of councilmembers • on any action taken shall be recorded in accordance with state law. Except as other- wise provided in this Charter, an affirmative vote of 3 or more 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 presented in writing. No ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The enacting clause shall be, "The City of Mounds View ordains." 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 in- troduction 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. • -5- 411 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 passed finally at the meeting at which it is first introduced and voted upon by the council. An emergency ordinance shall remain in effect for the duration of the emergency and shall become void when the emergency no longer exists. No prosecution shall be based upon the provisions of an emergency ordinance until 24 hours after the ordinance has been passed, filed with the city clerk, and has either been posted in three conspicuous places in the city, published as provided for in this Charter, or, the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the pros- ecution. Sec. 3.07. Procedure on Resolutions. Every resolution shall be presented in . writing and read in full before adoption. of Ordinances and Resolutions. Every 3.08. Signing and PublicationY ordinance or resolution passed by the council shall be signed by the mayor, and attested to, filed and preserved by the city clerk. Every ordinance shall be published at least once in the official newspaper. Tb the extent and in the manner provided by law, an ordinance may incorporate by reference the following published material, or part thereof, without publishing the material in full: (a) state laws, (b) state admin- istrative rules or regulations, (c) state or municipal codes, or, (d) municipal ordinances. Sec. 3.09. When Ordinances and Resolutions take Effect. Every resolution and emergency ordinance shall take effect immediately upon its passage or at such later date as it specifies. Every other ordinance shall take effect 30 days after approval or at such later date as it specifies. • -6- • 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. Subdivision 1. An ordinance or resolution which repeals all or part of a previous ordinance or resolution shall give the number, if any, and the title of the ordinance or reso- lution to be repealed in whole or in part. No ordinance or resolution shall be amended by reference to the title alone, but an ordinance or resolution which amends such ordinance or resolution shall set forth in full each section or sub-division to be amended and shall indicate by appropriate type or symbols matter to be omitted or added. Amendment or repeal of an ordinance shall require a 4/5 vote of the council. 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 411 of an ordinance or resolution and, therefore, shall be subject to this section. 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. Sec. 3.11. Revision and Codification of Ordinances and Indexing of Resolutions. The city shall revise, rearrange, and codify its ordinances and index its resolutions with such additions and deletions as may be deemed necessary at least once every two years. The ordinance code and resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made available by the council at the office of the city clerk for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance pro- vision not previously published, if a notice is placed in the official newspaper for at least two successive weeks that copies of the codification are available at the 411 office of the city clerk. -7-