HomeMy WebLinkAbout11-11-2004 Mounds View Charter Commission November 11,2004
. Mounds View Charter Commission Minutes
Meeting November 11, 2004
1. Call to order - The meeting came to order at 7:07 PM
2. Roll Call—Present-B. Amundsen, J. Miller, B. Mori, B. Thomas, J. Thomas,
Absent—B. Doty, William Werner, Sr
Excused - M. Eenigenburg
3. Approval of agenda and minutes
Motion by B. Mori, second by J. Miller to approve agenda as amended to add item for
meeting dates. UNANIMOUSLY APPROVED
Motion by J. Miller, second by B. Thomas to approve minutes of October 14, 2004 as
corrected for spelling. UNANIMOUSLY APPROVED
4. Citizens comments from the floor
None
5. Reports of the Chair
a. Chair J. Thomas reviewed a letter he had received from Clerk Administrator
Kurt Ulrich regarding the Charter Chapter 5 Amendments and directions from
City Council. The Council is requesting the text be marked up to show all
changes for 5.03 and 5.04.
6. Reports of members
None presented
7. Unfinished Business
a. Next Meeting Date—Motion by B. Amundsen, second by B. Mori to cancel
meeting of December 9, 2004 and make January 13, 2005 the Charter
Commission's next meeting. UNANIMOUSLY APPROVED
b. Review any new information for Charter Section 7.04 to 7.12.
Section 7.07 Drop added sentence 3 in first paragraph. Change"They"to
"The City Council". Insert"is"between"the amount" and "authorized" in
fifth sentence. Drop footer reference.
Section 7.08 End paragraph with original language and drop all new
clarifying language.
Section 7.12 Add comma after"availability of reserves".
c. Annual Report: Draft Report was reviewed for additions and corrections.
Motion by B. Mori, second by B. Thomas to send the Annual Report to
District Court with corrections to October 5 and October 14 summary
statements. UNANIMOUSLY APPROVED
d. Review any new information for Charter Chapter 11. Chair J. Thomas agreed
to send letter to City Council asking for input and how to standardize 11.06
language. 1
Page 1 of 2
Mounds View Charter Commission November 11,2004
Se. Review any new information for Charter Section 6.04—Chair J. Thomas will
contact Clerk Administrator to determine if Finance Director is doing the
duties of the Treasurer and whether Council wants to change language to
Finance Director.
f. Review and discussion of Charter Section 4.02. Chair J. Thomas will add to
future agenda. He will further ask Clerk Administrator to review with Council
at a work session for clarification of what language changes they are
requesting.
8. New Business
a. Discuss next month's and future agenda items.
Finalize Chapter 7 items
Begin on resubm' and review of Chapter 5 as marked up text.
Begin language clarification for Chapter 11 and Section 11.06
Begin language clarification for Charter Section 4.02.
9. Adjournment
Meeting adjourned at 8:35 PM
Respectfully submitted, ;:
Brian Amundsen,
Secretary4
• ; _
110 a
Page 2 of 2
City of CHARTER COMMISSION MEETING
41101VIounds t 7:00 PM Thursday, Nov 11, 2004 f
View 0 Mounds View City Hall Council Chambers
C'harterCommission Preliminary AGENDA
oilitt,, --
ul •
Chair 1. Call to Order
Jonathan J Thomas
763-784-5205
2. Roll Call
Vice Chair i2
Jonathan J Thomas _ Bill Doty _ Barbara Thomas
_ _ Matthew Eenigenburg _William Werner, Sr
2"d Vice Chair
Jean Miller William Mori
Jean Miller — —
763-786-3959 — Brian Amundsen
Secretary
Brian Amundsen 3. Approval of agenda and minutes
763-786-5699
Bill Doty Review and approve agenda
763-786-3421 Approval of Oct 14, 2004 Minutes
4111 thew Eenigenburg
783-7216 4. Citizens comments from the floor
William Mori
I
763-784-3645 5. Reports of the Chair
Barbara Thomas
763-780-6226 6. Reports of members
William Werner Sr
763-784-3603 7. Unfinished Business
toy ,, hien ' t
45 min Review a y new information for Charter Section 7.04-7.12
20 min Review any new information for Charter Chapter 11
20 min Review any new information for Charter Section 6.04
8. New Business
15 min Discuss next month's and future agenda items.
9. Adjournment
• $
li
Item No: 1OF
III Meeting Date: October 25, 2004
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Review Recommendations to Charter Commission
Regarding Chapter 5
On August 23, 2004, the City Council approved the first reading and introduction of
Ordinance 743, an Ordinance amending Chapter 5 of the Mounds View City Charter
relating to "Initiative, Referendum, and Recall." On September 13, 2004, a Public Hearing
was held but the vote was postponed because not all members of the Council were
present. On September 27, 2004, this item was referred back to the Charter Commission
after a lengthy discussion and consideration of comments made by Mr. Duane McCarty.
Discussion:
The intent of the Charter Commission with this change is to clarify language in the charter
relating to the Initiative, Referendum, and Recall.
The Charter Commission Chair has requested that the Council consider specific
recommendations to be considered by the Charter Commission in regard to changes the
Council would like to see to chapter 5.
Based upon discussion at the September 27th meeting, Sections 5.03 and 5.04 of the
proposed charter amendment are suggested to be revised as follows (additions are
double underlined):
Section 5.03. Determination of Petition Sufficiency. The committee must file the
completed petition in the office of the Clerk-Administrator. The Clerk-Administrator shall
provide the number of total ballots cast for President in the most recent Presidential
election. For a petition to be sufficient, the required number of signatures shall be a
percentage of that number.
• Petitions for Initiative and Referendum require at least 15 percent.
• Petitions for Recall, at least 25 percent.
Within 5 workin• da s of recei.t of the •etition the Clerk-Administrator shall notif the
0 Cit Council that a •etition has been received and is being reviewed in regard to its
sufficiency. Within 10 working days of receipt of the petition, the Clerk Administrator
shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-
Page 1 of 5
0 Administer shall report the date of the determination and its sufficiency to the Council at
or before the next regularly scheduled meeting. Upon receipt of the report, the Council
shall immediately declare the sufficiency of the petition by resolution including the i
reported date of determination of sufficiency.
Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-
Administrator determines that the sufficiency of a petition cannot be declared, it shall be
determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of
the petition, together with a written statement of its defects, to the sponsoring committee
and to the City Council. The committee shall have 30 calendar days in which to file
additional signature papers and/or to correct the specified irregularity. Within five
working days of receipt of the corrected petition, the Clerk Administrator shall determine
the sufficiency of the petition as corrected and proceed as directed in Section 5.03. If
the petition is still insufficient or irregular, this shall be considered the Final Finding and
the Clerk Administrator shall file the petition as noted and immediately notify the
sponsoring committee that no further action will be taken. The final finding that the
petition is insufficient or irregular shall not prejudice the filing of a new petition for the
same purpose. Except in the case of a petition for recall, it shall not prevent the Council
from referring the subject matter of the petition to the voters at the next regular or
special election.
Both of the proposed language additions provide for an earlier notification of the City
Council of the status of any petitions received by the City Clerk-Administrator, allowing
the Council to have informed oversight in regard to the process. Administratively, the
process is acceptable. A possible reason to allow the Clerk-Administrator to delay (
notification of the Council until a determination of sufficiency has been made would be to
allow the Clerk/Administrator to make the sufficiency decision independent of potential or
perceived political influence.
Recommendation:
It is recommended that the City Council forward the proposed revisions to Sections 5.03
and 5.04 to the Charter Commission for consideration.
Respectfully submitted,
Kurt Ulrich
•
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Page 2 of 5
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Memo To: Kurt Ulrich, City Administrate v'' `✓
From: Duane W. McCarty
Date: October 25, 2004
Re: Charter Amendments
I wish to request a City Council interpretation regarding the sections of Minnesota Statue 410
listed below.
MSA 410.24 New or revised charter.
Any city having a home rule charter may submit and adopt a new or revised charter in the
manner provided by law for the original adoption of such home rule charter.
10 410.12 Amendments
Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city
council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be
adopted by the council by an affirmative vote of all its members after a public hearing upon two
weeks' published notice containing the text of the proposed amendment and shall be approved by
the mayor and published as in the case of other ordinances. An ordinance amending a city charter
shall not become effective until 90 days after passage and publication or at such later date as is
fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a
petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition
shall be signed by qualified voters equal in number to two percent of the total number of votes
cast in the city at the last state general election or 2,000, whichever is less. If the city has a
system of permanent registration of voters, only registered voters are eligible to sign the petition.
If the requisite petition is filed within the prescribed period, the ordinance shall not become
effective until it is approved by the voters as in the case of charter amendments submitted by the
charter commission, the council, or by petition of the voters, except that the council may submit
the ordinance at any general or special election held at least 60 days after submission of the
petition, or it may reconsider its action in adopting the ordinance. As far as practicable the
requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an
ordinance amending a charter, and to the filing of such ordinance when approved by the voters.
0
Mounds View Charter Commission Date: October 14, 2004
• Charter Updates; Category 2 Items; Chapter 7
Revision— Draft 10 Pagel of 7
Objectives:
1) In 7.04 update language to reference Minnesota statute requirements and incorporate
recommendations of League of Minnesota Cities (LMC) "Model Charter". Section
should additionally address inputs from Charlie Hansen,Finance Director, City of
Mounds View and provide calendar or time line for the City's tax and budget process
which can be understood by the public.
2) In 7.05 update publication methods to include City's web site.
3) In 7.06. subd. 01 Change September requirement for public hearing to be a simple
reference requiring compliance with the Minnesota Statute pertaining to Truth in
Taxation for timing but retain the requirement to hold a public meeting even if State
Statute would not require it. Also remove the word"monthly"as it is not consistent
with other references to "regular council meetings."Address ambiguity of"object
level"etc.per Charlie Hansen's Memo of November 13, 2002
4) In 7.06. subd. 02 Change to "two week"time line to be something more easily
complied with and in compliance with Minnesota Statute. Add usage of City's web
site for publishing purposes.
5) In 7.06. subd. 03 incorporate recommendation from LMC to have a fall back budget in
cases of delay in approval of budget by new fiscal year starting.
6) In 7.07 incorporate the management method and procedures of the Mounds View
1111 Purchasing Manual for accountability of managing department budget expenditures
7) In 7.08 clarify that Section 7.12 does not conflict with budget alterations and who may
approve alterations at which budget levels.
8) In 7.10 incorporate the Minnesota Statute reference as originally prescribed by charter.
and update for City web site notification.
9) In 7.12. subd. 02 incorporate LMC recommendation for emergency debt limits and
Delete redundant Subdivision 2.
CHAPTER 7
TAXATION AND FINANCES
Section 7.01 Council to Control Finances. (no changes)
Section 7.02 Fiscal Year. (no changes)
Section 7.03 System of Taxation. (no changes)
Section 7.04. Submission of Budget.
Subdivision 1. Annually, on or before the 15th calendar day of September of each
year or as specified by MN statute 275.065, as amended, the Clerk-Administrator shall
submit to the Council the budget estimates for funds levying property taxes for the
ensuing fiscal year and an accompanying summary message in accordance with a budget
calendar to be established by resolution.
The final budget shall provide a complete fmancial plan for all City funds and
activities for the ensuing fiscal year and except as required by state law or this Charter,
1111 shall be in such form as the Council may require. It shall include a summary and show in
City of Mounds View
Mounds View Charter Commission Date: October 14, 2004
• Charter Updates; Category 2 Items; Chapter 7
Revision— Draft 10 Page2 of 7
detail all estimated income and all proposed expenditures,including debt service and
comparative figures for the current fiscal year, actual and estimated,and the preceding year.
In addition to showing proposed expenditures for current operations,it shall show proposed
capital expenditures to be made during the year and the proposed method of financing each
such capital expenditure. The total proposed operating budget to be provided from the
property tax shall not exceed the amounts authorized by state law and this Charter.
Consistent with these provisions,the budget shall contain such information and be in the
form prescribed by ordinance and by state law. the City Council.
Subdivision 2. For each utility-enterprise operated by the City, its proposed and
fivaLbudgets shall show income, expenditure, and anticipated net surplus or deficit fed
wiathe proposed disposition method ef-its-dispesitien„; and subsidiary budgets for each
appendices.
Subdivision 3. The Clerk-Administrator's message shall explain the budget,both
• 1 .1. '1 - 1 • 1' . • . • O. 1 •1 '.1!_•.. . 1 • !•. • 1- .,
.no umn.n'i sri.riI h.. • . li - h- • ss• -• inn ':l soli .n. • •.r.i •
th- it for -n .in. _ .l -.r .n. - imsa •f the - soli i- .n. ire'r..•
• •n s -. • s- 't ' . • -1 --year plan, as adopted by the City Council. It shall
11-
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soli xsen._i.r- .s. r- - •.-ts-rwith h- r-. on f• h 1.n.- I h.11
.ruin - h- it ' a-. se i ion •_ h i.ne i l..i . f. or . f- it. h- .•'li •
raise resources through debt issues, and include such other material as the Clerk-
Administrator deems desirable or as requested by the City Council
City of Mounds View
Mounds View Charter Commission Date: October 14,2004
• Charter Updates; Category 2 Items; Chapter 7
Revision— Draft 10 Page3 of 7
Subdivision 04. Budget Planning Guideline
The intent of this section is to he a general guideline of the budget process
• 1- • .• •a . S I . 19 .• • le. $ 1 • . 1 t I•
MN Statute 275.065, as amended.
Activity estimated Time Period
Five-Year Plan: Development Jan. 1 to May 1
Five-Year Plan: Public Review May 1 to May 20
Five-Year Plan: Council Approval May 20 to June 1
Annual Budget Calendar: Adopted by Council June 1
Five-Year Plan: Published to Public June 1 to Aug. 1
Annual Budget: Public Input to Department June 1 to Sept 1
Annual Budget: Clerk-Administrator Develops
un 1. 11 .no E imat- ' ••• for • .n it • l to _ -• j5
Annual Budget: Estimates Submitted to Council Sept. 15
Annual Budget: Proposal and Tax Levy Estimates
Council Adoption Sept. 15
Annual Budget: Council Review and Amend Sept. 15 to Nov 23
Annual Budget and Tax Levy: Proposal
Published to Public Sept. 15 to Dec. 1
1101 Annual Budget and Tax Levy: Public Review Sept..15 to Dec. 20
Annual Budget: Public Hearing Advertised Nov.
Annual Bud.et and Tax Levy: Initial Public Hearing Nov. 29 to Dec. 20
Annual Bud&et and Tax Levy: Council Adoption Dec. 5 to Dec. 20
Annual Budget and Tax Levy: Final Council
Budget Summary Published to Public Dec. 20 to Feb. 1
41110
City of Mounds View
Mounds View Charter Commission Date: October 14, 2004
• Charter Updates; Category 2 Items; Chapter 7
Revision— Draft 10 Page4 of 7
Section 7.05 i--og TermFive-Year Financial Plan.
Subdivision 1. The City Council shall have prepared a leng-tenflve-year financial
plan commencing in thewith the ensuing calendar year, 1980. The City Council shall hold a
public hearing on the long-termfive-year financial plan and adopt it by ordinance,with or
without amendment,by June 1st of each year. The financial plan shall consist of at least the
following four elements as specified in subdivisions 2-5 which follow:
Subdivision 2. The Public Service Element pProgram. TheProgram shall contain
be a continuing five-year plan for all public services,estimating future needs for the public
health, safety and welfare of the City. It shall measure the objectives and needs for each
City department,the standard of services desired,and the impact of each such service on the
annual operating budget.
Subdivision 3. The Capital Improvement Element . This program shall contain
-•., . ' 4 .,. - - . -- . . . - 4- a list of all capital improvements
proposed to be undertaken during the next five fiscal years,with appropriate supporting
information as to the necessity for such improvements; cost estimate,method of financing
• and recommended time schedule for each such improvement;and the estimated annual cost
of operating and maintaining the facilities to be constructed or acquired. This information
shall be revised and extended each year for capital improvements still pending or in process.
Subdivision 4. A Five-Year Revenue Element. This program shall
contain consist of a tentative revenue policy that whieh describes five-year leng-term plans
for financing public services and capital improvements.
Subdivision 5. The Capital Budget Element . This program shall be a summary on
the basis of a five-year period of the capital or money requirements for the above=described
programs. It shall list a priority for each anticipated investment in community facilities and
balance this with a consideration of the availability of necessary revenues.
Subdivision 6. A summary of the lA five financial plan shall be
published before August 1St each year in the official City newspaper,the City newsletter,
and,if available,the City web site.City newsletter annually.
Section 7.06.-Council Action on Budget.
Subdivision 1. The Council shall annually adopt the budget calendar by June 1st.
•' . -14: • .• • • •- .• s • •- - •• 1-1 :•• . • •. .•• • •- • •,-
, •• , • * • • , • . - . SS ••11 - 1 4 • •. • . ' S •• •. - • •
Council, and MN Statute 275.065, as amended. The budget shall be considered at the first
regular monthly meeting of the Council in September and at subsequent meetings until a
budget is adopted for the ensuing year. Th get calendar will provide a 30-day period
• • • . • • - •- ,•• •1 • . • •' .1 1 .• • .• _• •• • 14 . •• • . • 1' •
City of Mounds View
Mounds View Charter Commission Date: October 14, 2004
Charter Updates; Category 2 Items; Chapter 7
Revision—Draft 10 Pages of 7
Council. The meetings shall be so conducted as to give interested citizens a reasonable
opportunity to be heard. The Council may revise the proposed budget but no amendment to
the budget shall increase the authorized expenditures to an amount greater than the sum of
estimated income: and reserves. The Council shall adopt the budget by a resolution that
shall set forth the total for each budgeted fund and each department ••' • -.-- •-.. -- :-
as to as to objects and purposes of expenditures It shall indicate the sums to be raised and
from what sources and the sums to he spent and for what pupose as the Council deems
necessary for consideration purposes of the budget control. The Council shall also adopt a
resolution levying the amount of taxes provided in the budget,and the Clerk-Administrator
shall certify the tax resolution to the County Auditor in accordance with state law. Adoption
of the budget resolution shall constitute appropriations at the beginning of the fiscal year of
the sums fixed in the resolution of the several purposes named.
Subdivision 2. At least two weeks bAs specified by MN Statute 275.065,as
amended, before the budget is adopted for the ensuing fiscal year a public hearing notice
• , e • • 1- see. -• • ••- A • •- • , • •-. a summary shall be given,in the
official City newspaper,the City Newsletter, and, if available, the City web sitein draft
form, . Such summary : - - - . • ••_ • should be readily
understandableeed by the layperson,and shouldshall provide appropriate supporting
information as to the necessity for any increase in the budget over the total for the current
• fiscal year,_,but fEailure to provide the specified summary will not invalidate the budget.
The final budget will be published in accordance with Truth in Taxation state
. , - • no . -rt .n .1 .. .f-r ..•. '•n • - • .n ' int - • fi i.l 'o.
Subdivision I h- • . itf,it te tee. th- • .'- • h- s-.• if . • - n-
t . -.r h- .r- -.in' en i fi .1 -.r . •.- .11 .• in • -ff- for . . • h'ite-
••- .. • . 1 1• • • ..•• . . ...-
Section 7.07. Enforcement of the Budget.
The City Council shall strictly enforce strictly the provisions of the budget. It shall
be the duty of the Clerk-Administrator to strictly enforce the detail provisions of the
shall be responsible for each fund or de p artment in the annual budaet. Each De•artment
-.. or • h-r .• 'fin, -. ff .11 •- r- is is - fpr • ...- . •ntr•l , h- • . - •
revenues and character of expenditure level'. 4tThey shall not authorize any payment or
the incurring of any obligation by the City,unless an appropriation has been made in the
budget resolution,and there is a sufficient unexpended balance after deducting the total past
expenditures and encumbrances against the appropriation.=No officer or employee of the
City shall place any order or make any purchase unless except for a purpose and to the
amount authorized in the budget resolution: . . '• •u • • - A • • p . •, .•_ •• •-
• •- •e .• ' -. • •- '1k • . ' . .- •• ' •• - p- a •.- ,•.
state statute. Any obligation incurred by any person in the employ of the City for any
• I ' Such source of revenues and character of expenditures shall he defined as the erou of line items.
City of Mounds View
Mounds View Charter Commission Date: October 14, 2004
• Charter Updates; Category 2 Items; Chapter 7
Revision—Draft 10 Page6 of 7
purpose not authorized in the budget resolution,or for any amount in excess of the amount
authorized, shall be a personal obligation upon the person incurring the obligation. No
check shall 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 who vouches for its
correctness and reasonableness.
Section 7.08. Alterations in the Budget.
After the budget resolution has been adopted,the Council may amend the budget by
resolution, but shall not increase the amounts fixed in the resolution beyond the sum of
estimated receipts and reserves, except to the extent that actual receipts exceed the estimate
or to implement Section 7.12 herein. At anytime the Council may;by resolution appfeved
by a majority of its members,reduce the sums appropriated for any purpose by the budget
fir, to increase reserves or authorize the transfer of sums from unencumbered
balances in the budget. --. . • . • -- .•. :. The Council must
... • . 1 .0 - • •. 4 • -. • �• •. •-4. --1 •-..r ••-• . - • . ••• •-
Clerk-A. n'ni . •r m, tra -r .i he . • .n i. ...r• .1 .m .- . --n - m.'•
h._. -r I -x•- •i - with'n • .-•.rtm-n Th- t- •, m-n h-.s m, r.i _-r,with
4110
items within the department.
Section 7.09. Funds. (no changes)
Section 7.10. City Indebtedness.
Subdivision 1. Except as provided in Sections 7.11 and 7.12,no obligation shall be
issued to pay current expenses,but the Council may issue and sell obligations for any other
municipal purpose in accordance with state law and within the limitations prescribed by law.
Except in the case of obligations for which an election is not required by this Chapter or by
state law,no such obligations shall be issued and sold without the approval of the majority
of the voters voting on the question at a general or special election.
Subdivision 2. A description of each such proposed issue shall be published in the
official City newspaper,the City Newsletter,and, if available,th C'ty w b it ,but failure
to give such description,or any defect in the description, shall not invalidate the issue.
Section 7.11. 1. Anticipation Certificates.
At anytime after January 1, in accordance with MN Statute 412.261,as amended,
with the following restrictions; 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 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
City of Mounds View
Mounds View Charter Commission Date: October 14, 2004
• Charter Updates; Category 2 Items; Chapter 7
Revision— Draft 10 Page7 of 7
and federal aids and current taxes due to the fund and uncollected at the time of issuance.
Such certificates shall be issued on such terms and conditions as the Council may determine,
but they shall become due not later than August 1.t April 1 of the year following their
issuance. The proceeds of the tax levied and such state or federal aids as the governing body
may have allocated for the fund against which tax anticipation certificates are issued, and the
full faith and credit of the City shall be irrevocably pledged for the redemption of the
certificates.
Section 7.12. Emergency Debt Certificates.
Subdivision I. If in any year the receipt from taxes, availability of reserves or other
sources should for some unforeseen cause become insufficient for the ordinary expenses of
the City,or if any calamity or other public emergency necessitates the making of
extraordinary expenditures,the Council may by ordinance issue,on such terms and in such
manner as the Council determines,emergency debt certificates not to exceed 10% of the
total City budget and to run not to exceed three years. A4Taxt,s sufficient to pay principal
and interest on such certificates with the margin required by law shall be levied as required
by law. The ordinance authorizing the issue of such emergency debt certificates shall state
the nature of the emergency and be approved by at least three members of the Council. It
may be passed as an emergency ordinance.
A description of each such proposed certificate . ... ' • - -- , - . ,
certificate. Subdivision 2
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City of Mounds View