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HomeMy WebLinkAbout05-12-2005 Mounds View Charter Commission May 12,2005 • Mounds View Charter Commission Minutes Meeting May 12, 2005 1. Call to order -The meeting came to order at 7:05 PM 2. Roll Call —Present- B. Amundsen, J. Miller, B. Mori, C. Mueller, J. Thomas Absent— B. Doty, William Werner, Sr Excused - M. Eenigenburg, B. Thomas 3. Approval of Agenda and Minutes Motion by B. Mori, second by J. Miller to approve agenda as amended for adding discussion of Section 7.03 APPROVED Motion by B. Mori, second by J. Miller to approve minutes of April 14, 2005 as corrected changing item 7a, 7c, and 7d from Postponed to time definite to "Moved to continue at next meeting as unfinished business". APPROVED 4. Citizens Comments None 5. Reports of the Chair Carol Miller was welcomed and thanked for volunteering to join the Charter Commission. City Council has requested a joint work session in June or July to review the Charter. Chair 4110 J. Thomas will provide next dates of Charter Meetings to Council for consideration. 6. Reports of Members None 7. Unfinished Business a. Review Resolution 2005-04 and Chapter 5.05 language—Chair J. Thomas presented flowchart of"Intiative"process. Discussion of corrected steps, flow, language, and possible inclusion in Charter as an exhibit. Chair also discussed possible MN Statutes requirement in ordinance and referendum petition committee notification to Clerk-Administrator and time limit to committee which could be added. Motion by Chair to MOVE TO CONTINUE at next meeting as unfinished business. Consensus APPROVAL b. Section 8.04 Reviews—Review and Discuss Special Assessment Percentage, Discussion that our Charter requirement is less stringent thaflMN Statute. Carol _ Mueller accepted task of rewriting Subdivision 1 of 8.04 to clarify procedure. Bill Mori left meeting and quorum was lost 8. Adjournment Meeting adjourned at 8:37 PM Respectfully submitted, Vw' Brian Amundsen, Secretary r , , Page 1 of 1 Y(s Cityo„f • Mounds View CHARTER COMMISSION MEETING 7:00 PM Thursday, May 12, 2005 Mounds View City Hall Council Chambers Charter Commission Preliminary AGENDA OtlYtraeirriv.412..e. Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call - S.M.ZAOS Vice Chair Bill Doty Brian Amundsen Carol Mueller 763-786-3421 _Bill Doty _Barbara Thomas 2•^Vice Chair _Matthew Eenigenburg Jonathan Thomas Jean Miller Jean Miller _William Werner, Sr. 763-786-3959 William Mori Secretary Brian Amundsen 3. Approval of Agenda and minutes 763-786-5699 Matthew Eenigenburg Review and approve agenda 763-783-7216 • William Mori Review and approve April 14, 2005 Minutes 4. Citizens Comments from the floor 763-784-3645 Carol Mueller 5. Reports of the Chair Barbara Thomas 6. Reports of Members 763-780-6226 7. Unfinished Business William Werner Sr 763-784-3603 20 min. Section 5.05 Review and Discuss 20 mm. Section 8.04 Review and Discuss Special Assessment Percentage 20 min. Section 7.10 Review and Discuss Obligation bonds 1A Mat %attar%1.0 2p r t t Jo 8. New Business 15 min. Set next month's and future agenda items. 9. Adjournment Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 • Revision— Current language as modified by previous Commission actions Pagel of 7 Objectives: 1) To update and correct language in 7.03 for system of taxation. 2) To update and correct language in 7.10 for when the City may issue obligation bonds. 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. Subject to the state constitution, and except as forbidden by it or by state law,the Council shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of Charter provisions. 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 financial plan for all City funds and activities for the ensuing fiscal year and except as required by state law or this Charter, shall be in such form as the Council may require. It shall include a summary and show in 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 the City Council. Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method. . Subdivision 3. The Clerk-Administrator's message shall explain the budget, both in fiscal terms and in terms of the work programs, linking programs to goals of the City and community priorities. It shall outline the proposed financial policies and programs of City of Mounds View Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 Revision— Current language as modified by previous Commission actions Page2 of 7 • thosepolicies and programs the City for the ensuing fiscal year and the impact of p g compared to the City's current five-year plan, as adopted by the City Council. It shall describe the important features of the budget, indicate any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, including factors affecting the ability to 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: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 • Revision— Current language as modified by previous Commission actions Page3 of 7 Subdivision 04. Budget Planning Guideline The purpose of this section is to provide the public with general time table for the annual budget process. The dates are guidelines and subject to change by the City Council and 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 Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 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 Annual Budget and Tax Levy: Public Review Sept..15 to Dec. 20 Annual Budget: Public Hearing Advertised Nov. Annual Budget and Tax Levy: Initial Public Hearing Nov. 29 to Dec. 20 Annual Budget 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 • City of Mounds View Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7• Revision— Current language as modified by previous Commission actions Page4 of 7 Section 7.05 Five-Year Financial Plan. Subdivision 1. The City Council shall have prepared a five-year financial plan commencing with the ensuing calendar year. The City Council shall hold a public hearing on the five-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 P shall contain 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 shall contain 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 shall contain a tentative revenue policy that describes five-year plans for financing public services and capital improvements. Subdivision 5. The Capital Budget Element 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 five year financial plan shall be published before August 1s`each year in the official City newspaper,the City newsletter, and, if available, the City web site. . Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City 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. The budget calendar will provide a 30-day period for public review and input to the annual budget prior to final approval by the City Council. The meetings shall be so conducted as to give interested citizens a reasonable • City of Mounds View Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 • Revision— Current language as modified by previous Commission actions Page5 of 7 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. The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what pupose as the Council deems necessary for establishing the budget . 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.As specified by MN Statute 275.065,as amended, before the budget is adopted for the ensuing fiscal year a public hearing notice and summary of the proposed budget will be published in the official City newspaper, the City Newsletter, and, if available,the City web site. Such summary should be readily understandable by the layperson,and should provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. Failure to provide the specified summary will not invalidate the budget. The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than 60 days after adoption by the Council in the official City newspaper, the City newsletter and, if available, the City web site. l� Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal year,the preceding months fiscal year budget shall go into effect for up to thirty- one (31) days or until the Council adopts a budget. Section 7.07. Enforcement of the Budget. The Clerk-Administrator may designate department heads or other staff who may assist with each fund or department in the annual budget. It shall be the duty of the Clerk- Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce the provisions of the budget. The City Council 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 the amount is authorized in the budget resolution and in compliance with;the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. Any obligation incurred by any person in the employ of the City for any 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 • City of Mounds View Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 4111 Revision— Current language as modified by previous Commission actions Page6 of 7 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 reduce the sums appropriated for any purpose to increase reserves or authorize the transfer of sums from unencumbered balances in the budget. 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 Sof 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, the City web site, 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 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' 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. If in any year the receipt from taxes, availability of reserves,or other sources • City of Mounds View Mounds View Charter Commission Date: May 12, 2005 Charter Updates; Category 2 Items; Chapter 7 • Revision— Current language as modified by previous Commission actions Page7 of 7 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. Taxes 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. • • City of Mounds View Initiative Process Flow Diagram — May 10, 2005 Deliver All Form Committee Required Determine Obtain at least Yes Initiative 0, of 5 to 15%of the Nbr �'' Information to ► Sufficiency Within 14 membersRegistered Voters Clerk- Calendar Days • Signatures Administrator No ! v Allow Petition Committee 30 Yes Is This First Time Calendar Days to — Petition has been Correct Insufficient? No Declare Petition Terminated Due to Insufficiency V City Council Must Act Allow Petition Within 60 Days by Did Petition No Did Council Offer Yes Committee 14 Either Holding a First ► it ► Committee Disapprove ---, Reading or Providing an an Amendment? Calendar Days to The Amendment? Amendment Disapprove No Yes Hold First Reading Ordinance Takes Effect Did Council Pass After 30 Calendar Days and Schedule any Yes Additional Ordinance by Majority ► Unless a Later Date is Requirements Vote? Specified in the Ordinance No \\ V Prepare for Ballot Election. If there is no Regularly Scheduled Election Within 120 Days of the Preceding Action, Either Petition Committee Disapproval or Council Failure to Pass Ordinance,the Council Shall Call a Special Election to Take Place Within 90 Calendar Days of Said Cause. V Did a Majority of Those Voting on the No 0 Ordinance Fails and Process Ordinance Vote in Ends for This Petition. Favor Yes y, III Ordinance Takes Effect After 30 Calendar Days Unless a Later Date is Specified in the \ Ordinance Draft of Proposed Section 5.05 - May 12, 2005 • Section 5.05. Initiative. : : . , .- . ... . ' •. , - - - . • - its favor, An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. Within 60 calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 of this charter, the Council may either hold a first reading of the ordinance, as defined in Section 3.05 of this charter and proceed with the adoption process, or amend the proposed ordinance and provide such amendment to the petition committee. Within 14 calendar days of the receipt of the amended proposed ordinance, the petition committee may, by majority vote, disapprove the amendment, and file a statement with the Clerk-Administrator. Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the statement of disapproval, or if the calendar date 0 prohibits compliance with provisions in Chapter 4 of this Charter. at or before its next regularly scheduled meeting. the Council shall call a special election to take place within 90 calendar days of said meeting. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. If the petition committee does not file a disapproval statement, the Council shall hold a first reading of the amended proposed ordinance and proceed with the adoption process. If the Council does not approve the ordinance, it must follow the aforementioned balloting process. If the ordinance receives a majority vote of the Council in its favor, it shall become effective t30 calendar days after adoption unless the ordinance specifies a later effective date. -(Amended, Ord. 650, 8-16-2000) • 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 Clerk-Administrator shall keep 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 descriptions shall be available for public inspection anytime during regular office hours. Section 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 Constitution 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, unless otherwise provided in this Charter. 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 orII body, all powers are vested in the City Council. Section 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 Section 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. Section 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 subdivision. The Council shall itself be and perform the duties and exercise the powers of such boards and commissions provided 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. Section 2.03. Council Composition and Election. The Council shall be composed of a Mayor and four Councilmembers who shall be qualified electors and who shall be elected at large. Councilmembers 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. Section 2.04. Incompatible Offices. No member of the Council shall hold any municipal • office or employment through the City other than that to which elected. Further, until one year after City of Mounds View the expiration of member's 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 member's term as Mayor or Councilmember. Section 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 in writing filed with the Clerk-Administrator,removal from office, non-residence in the City, conviction of a felony of any such person after their election, or by reason of the failure of any Councilmember without good cause to attend Council meetings for a period of three consecutive months. In each such case the Council shall by resolution declare the vacancy to exist. Section 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. (Amended by Ordinance 742, Adopted AA September 27, 2004; Filed: ) !.1�CtS G Lid . f lle-1--u1 iS 5-1 C CJ . Subdivision 2. Consistent with the responsibility to accept considerable leadership over the general conduct of City affairs, the Mayor may study the operations of the City Government and recommend desirable changes and improvements to the Council. The Mayor shall also deliver S messages to the Council and the public, including a comprehensive message on the state of the City as soon as practicable after the beginning of each year of the Mayor's term of office. Subdivision 3. At its first meeting each year the Council shall choose an acting Mayor from the Councilmembers. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor, or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Section 2.07. Salaries. The Mayor and Councilmembers shall receive such compensation 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. Other officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 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 evidence. 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 certified public accountant. At any time the Council may provide for an examination or audit of the City accounts of any City officer or agency, and it may provide for any survey or research study of any subject of municipal concern. • City of Mounds View CHAPTER 3 • COUNCIL PROCEDURE Section 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 ordinance. 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. The twenty-four hours notice shall not be required in an emergency. 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. Section 3.02. Liaison Function. Councilmembers shall be assigned as liaison to City departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility. Section 3.03. Rules of Procedure and Quorum. Except as otherwise provided in this Charter, the Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business,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. Section 3.04. Ordinances,Resolutions and Motions. Subdivision 1. Except as otherwise provided in this Charter, state law or a more restrictive City ordinance, an affirmative vote of three or more members of the Council shall be required for the adoption of all ordinances, resolutions and motions. The votes of Councilmembers on any action taken shall be recorded in accordance with state law. (Amended, Ord. 649, 8-16-2000) Subdivision 2. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The vote on all ordinances shall be by a roll call vote. Subdivision 3. The general administrative business of the Council shall be conducted by resolution or motion. Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. 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 fourteen days shall elapse between its introduction and final adoption. Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary • for the immediate preservation of the public peace, health, morals, safety or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance City of Mounds View must be approved by a majority of available members of the City Council. An emergency • ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been adopted, filed with the Clerk-Administrator, and has either been posted in three conspicuous places in the City, or published as provided for in this Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance shall be published at least once in the official newspaper as soon as practicable, either in its complete form preceded by a summary of its contents or as a title and summary.' The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. • In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended, Ord. 700, 8-26-2002) Section 3.08. Procedure on Resolutions. Every resolution shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency ordinance shall take effect immediately upon its adoption or at such later date as it i 1 It is the intent of the Charter Commission that the Council will determine which is less costly. City of Mounds View specifies. Every other ordinance shall take effect thirty days after its publication or at such later date • as it specifies. Section 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 resolution 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 subdivision 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 majority vote of all the members of the Council,unless otherwise provided in this Charter or by state law. Subdivision 2. An ordinance or resolution passed under the initiative power shall not be repealed or amended by the Council except by submission to the voters of the question by the Council at a regular municipal or special election. Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two years. The ordinance code and the 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 Clerk-Administrator for II/ general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance provision 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 office of the Clerk-Administrator. CHAPTER 4 NOMINATION AND ELECTIONS Section 4.01. The Regular Municipal Election. 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 shall designate. At least fifteen days prior notice shall be given by the Clerk-Administrator 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 stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Section 4.02. Subdivision 1. Filing for Office. No earlier thanSubdivision 1. Pursuant to Minnesota Statute 205.13, as amended, seventy days nor later thanthen fifty-six days before any municipal election, any resident of the City • qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the : Clerk-Administrator in an amount as set by ordinance, have their name City of Mounds View placed on the municipal election ballot. Amendments to Minnesota Statute 205.13 shall take • precedence over this subdivision. (Amended by Ordinance 736, Adopted May 10, 2004; Filed: May 19, 2004) Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Councilmember combined. (11- 8-94 Election,Effective 12-8-94,Filed 2-21-95) * A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See, Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) (Resolution 5435, 4-24-2000) Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election,Effective 12-8-94, Filed 2-21-95) Subdivision 4. Severability. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2- 21-95) Section 4.03. Procedure at Elections. Consistent with the provisions of this Charter and applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen days prior notice shall be given by the Clerk-Administrator 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 stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2. The Clerk-Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section. Subdivision 3. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. City of Mounds View Subdivision 4. In the case of a vacancy where there remains less than 365 days in the S unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term. In the case of a tie vote of the Council,the Mayor shall make said appointment. Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date,the notice of such vacancy shall be published as soon as is practicable. If within the 120 day period before a regular municipal election,the vacancy occurs in the office of the Mayor or in the office of either or both of the Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two Councilmembers, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two vacancies, the third and fourth highest vote totals. Where two vacancies exist,the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Candidates filing a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. (Amended by Ordinance 748; Adopted September 27, 2004; Filed October 13, 2004). Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment. • CHAPTER 5 INITIATIVE,REFERENDUM AND RECALL Section 5.01. Powers Reserved by the People. The people of Mounds View reserve 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, and to recall elected public officials. These powers shall be called the initiative,the referendum, and the recall,respectively. Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the City whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the City and shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in their presence and that the circulator believes them to be the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. Any person whose name appears on a petition may withdraw their name by a statement in writing filed with the Clerk-Administrator before said Clerk-Administrator advises the Council of the sufficiency of the petition. • City of Mounds View i i Section 5.03. Determination of Sufficiency. The committee shall file the completed petition . in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk-Administrator shall file the petition 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 subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council • passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed 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 to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors to propose amendments to this charter. I Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the electorate. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition 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 to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors 0 voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) City of Mounds View • Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk- Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS 410Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the administration of the City. The Council shall appoint an administrative officer to assist in the administration of City affairs. For purposes of reference in this Charter, this administrative officer shall be referred to as the Clerk-Administrator. Section 6.02. Administrative Organization. Subdivision 1. The Council may by ordinance establish City departments, offices, and agencies and prescribe their functions. No power or duty conferred by this Charter upon a particular office or agency shall be transferred to another. Subdivision 2. The City Council shall hire 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. Subdivision 3. The head of departments and other officers designated by the Council shall report in person to the Council and to the public at least once each quarter at a regularly scheduled Council meeting. Section 6.03. Duties of the Clerk-Administrator. Subdivision 1. The duties of the Clerk-Administrator of the municipality shall include the 4111 duties of the Clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election,record the proceedings thereof, notify officials of their elections or City of Mounds View