HomeMy WebLinkAboutOrdinance 790ORDINANCE NO. 790
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF MOUNDS VIEW BY AMENDING CHAPTER 3 AND CHAPTER 5 OF THE
MOUNDS VIEW CITY CHARTER
The Council of the City of Mounds View does hereby ordain:
SECTION I. The City Council of the City of Mounds View hereby amends Chapter 3
and Chapter 5 of the Mounds View City Charter by deleting the ~+r material and
adding the underlined material as follows:
CHAPTER 3 COUNCIL PROCEDURE
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 (14) days shall elapse between its
introduction and final adoption. Every ordinance must contain a specified effective date as
noted in Section 3.09 of this Charter.
Section 3.07. Sig_ning, 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 ^n °^^^ ^c r.r^r+in^hl^ no earlier than eight (8) calendar days nor later than
seventeen (17) calendar days from the date of passage, 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 (8) 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 (4/5t") 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
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
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 kited-provided 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 3.09. 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 specifies. Every other ordinance shall take effect thirty (30) days after its publication or at
such later date as it specifies unless challenged by a petition for referendum. In the event
of a petition for referendum the Council must suspend the effective date of the ordinance
as specified in Section 5.07 of this Charter.
CHAPTER 5
INITIATIVE, REFERENDUM AND RECALL
Section 5.01. °^~°~°rc• °°°°^,°,~ h„ +"° °°^^'°. General Voter Authority'. The
people of Mounds View, r°~°^,° +° +h°.,.,~°~„°~ +h° r.°,.,°rc have the right, in accordance
with of-this Charter, ,
+h° r°~°r^n,-~~,m .,.,,.~ +h° r°,.^n r°~.,°,.+,.,°~., to propose ordinances (initiative] and to
require that any ordinance be referred to the voters [referendum], except those that
appropriate money levy taxes ordeal with administrative issues (MN Statute 410.20, as
amended). The voters also have the right to remove elected public officials [recalll. The
term voter(s) as used in Chapter 5 shall refer only to residents of the City of Mounds
View who first register or who have registered and are qualified to vote. Per Minnesota
Statute 200.039 as amended eligibility to sign the petition is not restricted to only those
who were eligible to or did cast ballots in the previous election. For clarity flow charts and
time lines are attached as aependices at the end of this charter. In all cases, the Charter
text shall take priority over the aependices should there appear to be a discrepancy.
Section 5.02. Petitions. A petition provided for under this
chapter shall be sponsored by a committee of five ~eg+stered~5 to ten r~10) members who
are voters of the City and whose names and addresses e#atlmust appear on the petition
as the Sponsoring Committee. A completed petition m^~~ ^^^°~°+consists of one or more
^~°°r°, "„+ °~^" pages gathered together as a single document. Each separately
circulated papeFpage 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.
n;.,° +h°ir ~+r°°+ „,+,+r°c°.The Sponsoring Committee may obtain a sample petition from
the Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures
for~etition sufficiency which is based on the total number of ballots cast for President in
the most recent Presidential election. All petition circulators must be voters of the City.
Each separate page of the petition shal•Imust include a certificate
signed and dated by the circulator~er+fied-b~-each;. The certificate shall affirm that each
signature apper3~'°~' +"°r°+^ was made in tfteirthe circulator's presence and that the
circulator believes tfte~-the page to be-contain the genuine signatures of the pe~ss+~
voters whose names +~they purports to b~°•. Th° r,°v r,r, m~+Lir~rv +Ih° n°rt~fi~+7~o ch^n "o
. and that each signer was presented with the full
petition Each signer of a petition must be a voter of the City and must sign and print their
name and give their street address. The completed petition shall be submitted to the
Clerk-Administrator for review. Any perseevoter whose name appears on a petition may
withdraw their name by filing a statement in writing f+ted-with the Clerk-Administrator
before sa+~the Clerk-Administrator advises the Council of the information related to the
sufficiency of the petition.
Section 5.03. Determination of Petition Sufficiency. T-~-Ee~ttev °"^" ~'° +"°
For a petition to be sufficient it must meet the requirements set forth in section 5.02 and
contain at least the following:
• Petitions for Initiative and Referendum require signatures of at least fifteen (15~percent of the
total ballots cast for President in the most recent Presidential election.
• Petitions for Recall require signatures of at least twenty five (25Zpercent of the total ballots
cast for President in the most recent Presidential election.
If all requirements have been met the Clerk-Administrator shall report to the Council
within ten (10) calendar daLrs of receipt of the completed petition Thereafter the Council
shall immediately declare the sufficiency of the petition.
Section 5.04. Disposition of Insufficient or Irregular Petition
..,vw~ ~ ~ ~~~ ~.... ~~ ~...,~ ... ~.......... ... ... ...................... .....~-...... ~ ...~ _._.... .~...-- ----- ----- -- ---- -- -
~ e
t
t
If the Clerk-Administrator determines that the petition does not meet the requirements for
sufficiency a copy of thepetition together with a written statement of its defects, shall be
delivered to the Sponsoring Committee and to the Council within ten (10) calendar days
of receipt of the completed petition As specified in this Charter the Sponsoring
Committee shall have twenty one L1~ calendar days to file additional signature papers
and/or to correct the specified irregularity Within nine (9) calendar days of receipt of the
corrected completed petition the Clerk-Administrator shall determine whether the petition
as corrected meets the requirements for sufficiency and shall proceed as directed in
Section 5.03. If the petition is still insufficient or irregular, the Council shall direct the
Clerk-Administrator to file the petition as noted and notify the Sponsoring Committee
within ten (10) calendar days 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 unless otherwise specified within this Charter. 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.
Section 5.05. Ballot Measure Requirements. If a measure meets the requirements
to be put on a ballot and is in compliance with Chapter 4 of this Charter, at or before its
next regularly scheduled meeting the Council shall pass a resolution placing the measure
on a ballot. If it is within 120 calendar days of a primary or general election and all of the
county election requirements can be met the measure shall be placed on the ballot at the
next regularly scheduled election.
If a measure meets the requirements to be gut on a ballot but cannot be placed on the
ballot at a regularly scheduled election at or before its next regularly scheduled meeting,
the Council shall pass a resolution placing the measure on the ballot and calling fora
special election to be held within 120 calendar days of said meeting. However, no special
elections can be held between a regular primary election and a regular general election or
40 calendar days after a regular general election. If there is no regular primary election
then no special election shall be held within 60 calendar days prior to a regular general
election.
Section 5.95:06. Initiative*.-~y- An ordinance may be proposed by a-petition
.. The exact text of the proposed ordinance must
be stated at the head of each page of the petition or attached thereto. Within sixty (60)
calendar days after final determination of the petition's sufficiency according to Section
5.03 and 5.04 of this Charter the Council must either adopt an ordinance accordin_g to
Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in
Subdivision 3. Any amendment to the proposed ordinance must proceed according to
Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty
~30j calendar days after adoption unless the ordinance specifies a later effective date. If
the vote for adoption fails the ordinance must be placed on the ballot as provided in
Section 5.05. If a ballot measure for a proposed ordinance fails the same measure is
prohibited from being brought forward again as an initiative within six months of the
election certification. Failure of a ballot measure for a proposed ordinance shall not
prevent the Council from proposing a similar ordinance.
Subdivision 1. If the Council elects to adopt the ordinance as provided by the
petition without amendment they shall proceed in accordance with Section 3.05 of this
Charter During this adoption process the ordinance cannot be amended but, if adopted,
is subject to the referendum process as defined in Section 5.07.
Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of
the Council it must be presented to the Sponsoring Committee prior to the first reading of
the proposed ordinance The Sponsoring Committee shall have fourteen (14) calendar
days from the receipt of the amended proposed ordinance to disapprove the amendment
majority vote and file a statement with the Clerk-Administrator. Upon receipt of a
statement of disapproval from the Sponsoring Committee the Council must either adopt
the proposed ordinance according to Subdivision 1 of this section, or place the
ordinance as presented by the Sponsoring Committee on the ballot as provided in
Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval,
the ordinance can proceed as amended according to Section 3.05 with no further
amendments and if adopted is subject to the referendum process as defined in Section
5.07 of this Charter. If the vote for adoption fails the ordinance, as amended, must be
placed on the ballot as provided in Section 5 05 If an amended ordinance is approved at
a first reading the Council may choose to submit the ordinance, as amended, as a ballot
measure.
Subdivision 3. If the ordinance is required to be put on a ballot or if the Council chooses
to submit the ordinance as presented as a ballot measure, they shall proceed as provided
for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in its
favor, it shall become effective thirty days after adepfier-certification of the election
results unless the ordinance specifies a later effective date. If the majoriy does not vote
in favor, the ordinance shall not be enacted. (Amended, Ord. 650, 8-16-2000)
Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it
may be subjected to a 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
°'°~~~~voters. The Sponsoring Committee must file the completed petition in the
office of the Clerk-Administrator at least ten (10) calendar days before the ordinance
takes effect If the petition is found to be sufficient under the provisions of Section 5.03 of
this chapter, ,
,•°,-F~fi.~~++~.,n ref +h° °~°,.+c°n r°~„~+~ the Council must immediately adopt a resolution
suspending the effective date of the ordinance until it is decided by a vote of the public.
The Council must also immediately pass a resolution to place the measure on a ballot as
provided in Section 5.05 of this Charter. If a majority of the-voters favors the ordinance
contained in the~etition it shall take effect immediately unless the ordinance specifies a
later date. If a majority votes against the ordinance contained in the petition, it shall be
considered repealed upon certification of the election results. If the petition cannot meet
the requirements of sufficiency under the provisions in Section 5.03 of this chapter, the
Council must adopt a resolution suspendinq.the effective date of the ordinance for thirty
(30~calendar days and the Sponsoring Committee will have 21 calendar days in which to
file additional signature papers and/or to correct the specified irregularity according to
Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take
effect on the date declared by the resolution of suspension. If the corrected petition is
declared sufficient according to Section 5.03, the Council must pass a resolution
suspending the effective date of the ordinance until it can be decided by a vote of the
public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-
2000)
Section 5.08. Recall oe^°~~'°r_+;,,., h~ rho olon~r~reiG ~f +ho ron~ll ..f o.,;i oloc_4nd
.The voters of the City may request a recall
vote of any elected official of the City by petition. The petition shall state at the head of
each page, or attached thereto, a certificate stating the name of the e#asiat-officer whose
removal is sought, the grounds for reca111 se~r~gwhich shall be malfeasance; or
misfeasance in office, in not more than 250 words, and the intention of
the S~onsoring Committee to bring about the official's recall. ~s#
The petition shall be filed in the Clerk-Administrator's office prior to circulation.- and shall
be valid for 180 days during which time a completed petition with signatures must be filed.
.The Clerk-Administrator shall notify the official sought
to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this
Charter If the Council is able to declare the petition sufficient it shall immediately pass a
resolution to place the measure on a ballot as provided for in Section 5.05 of this charter.
Within 14 calendar days of the declaration of sufficiency the elected official named by the
petition mayprovide an answer for their own course of action in not more than 500 words.
The Clerk-Administrator shall include with the published notice of the election, the
statement of thegrounds for the recall and the answer of the official concerned or a
statement stating no answer was received. If a majority of those voting on the recall vote
in its favor it shall become effective immediately upon certification of the election res_u_ Its.
If the majority does not vote in favor the recall has failed and a petition for recall is
prohibited from being repeated for that elected official for one year from the date of
certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein
shall apply to fill said vacancy.
Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be
construed as in any way affecting the right of the °i~ voters to propose amendments
to this charter which can be proposed in accordance with MN Statute 410.12, as
amended.
Minnesota courts have limited the powers of initiative and referendum to
ordinances which are legislative in character. General legislative acts lay down some
permanent and uniform rule of law administrative acts relate to daily administration of
municipal affairs and quasi judicial acts are the product of investigation, consideration
and deliberate human 1udgment based upon evidentiary facts of some sort.
SECTION 2. This ordinance shall take effect and be in force 90 days from and after its
passage and publication.
INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View
this 29th day of May, 2007.
SECOND READING AND ADOPTION by the City Council of the City of Mounds View
this 25th day of June, 2007.
R Marty, ayor
ATTEST: `
Kurt Ulrich, City Administrator
(seal)
State of M[naiaaesota ~ SS
Coanaaty of Ramsey
JESSICA ITALIANO ,being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as NF,W BRTCTHTnN RTTLLETIN ,and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for I successive weeks; it was first published on WEDNESDAY ,the 29Tx day of
AUGUST 20 07 ,and was thereafter printed and published on every to and
including ,the day of , 20 ;and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and
kind of type used in the composition and publication of the notice:
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*abcdefghij klmnopq rstuvwxyz
Subscribed and sworn to before me on TITL~ACCOl~R1-T-FP~G ASSOCIATE
thi 29Tx day of AUGUST 20 07
Notary Public
"Alphabet should be in the same size and kind of type as the notice.
,`~~~ TONYA R. V!(HITEHEAD
(Votary Public-IVlinnesota RATE INFORMATION
My Commission Expires Jan 31, 2010
(1) Lowest classified rate paid by
commercial users for comparable space ............................................................$24.00 per col. inch
(2) Maximum rate allowed by law for the above matter ...........................................$23.25 per col. inch
(3) Rate actually charged for the above matter .......................................................$ per col. inch
1 /07
. ° o - oo~
m a
'
~
~ YV
_ L
~ _ Z
c
v
mp~
Z
~ ~
a
_
- ~
~~ ;
c
L _ _ _ L ~
j N
r.
_ ~
~ ax
p U$
~ - __
~ ° Zo
N~
mEo FCmptm Qj9
- -. ~ H~t. ~
°
~ ~i m ~V > Q~jt c~
- _ _ = Z° L ~ ~
° ~ Z C N
m ml _ m ~~ a `n~
~ o~~o ° ~ a°° '
o l
~ w°`Za~ow=v -
;~;,371'f(II 1I jI iII 1
s" s ~ .,~ ~ ~ a .~ -~ ~
~
a'
~; o : ~ ~ ~~
9 m _
m~c ~
E w O ~q_ c~
EcE _
m
~
~ "~
~ ~ -
~ • ~'
~ Q
~
m ` c
~ m E
~ _ _
s _
c
~ ° ~ ~~ ~a °
3
U~0 vil °o7 `n`
m~' ~oo~ =~-a -~- --'m mLCv~
a ~$c~Lmo °~ s
°'~
m c.~
$
~
-
a3
am3; ~``-°-On v'm o ~° 1
F uE c - p
a
m
x~.
as E cm
~°N.8-
v m~ mzy$vv'
a
°
~- ~ -
_
a
,
F m m-d a m o ° _-
-
-
d$ v - C
=c ~oml-c r/, .~mo mEa --vE -_ _ - Ewa ~
U E S' ~ f
d
- o ¢
=
0 ~ c -
E ~
m
a
E ~
~ x
¢
° V ~
~ .3.
- c ~ ~ T
E a _ _ .
m _
~
E g"
E F m __ u = o m° ~_ ~ `u .E o a y
`
'~
3 _ ° m
m-~mv,
mU
_ uam on
-mo n~=NN mmho_._ ~ n mU
_ _W _
3y6(7W y g oN~Em w m~ =U~~~$m
W W FZC
~ ~yN=~W~ ~ v5 E ¢ m ~~~N S~~ ~~ p~ 9
¢Z wa U~.~ J~.C~~- Fi~a~.0 ~w
cWi~LL~aoc=is ~ am~s$ z ~aam_~Lmma~
a~~ acw.lo c7 u~. 5-mcog C. £ g ~, ~~ SrnE
op~wi~=yQ;a ~°~~~m~n C~ ~6Wy~ ~$~;[~z°~~~~m~~ W~,,
Q ~ V f C 6 ~ W = $ O g ~ 3 F iTI ~E ` ~~ ~ m ~ @ 4..
v mo'?aaV ~~jiVgC o`<gr 2~SSsg3. ,85y tfbb;5i
-- <iymmcxi~~`$ma~°~~aVmuroB~sE~m~~~cvs~
3
P
a~
'' ~m ~ din ~ a~
° mw
t a~
R U m~cn
a aE
~
° _ mz
~E
~
a' ~~
~°~°~mrI@
,a
a
~ ~ m
- ol v _ 3
L' m o .
.
m Y
-
~~
.$z ~t<
c ~- _
~m am
o~~
E
y ~c.
W~j
x _ m ~~
u 3 n n~ m
~ v - . - n r
.5 ~~ a3 mp m~.m -on
Fti'.G .o eU =.$Sm my
m~~°~3~
a. U' ~~° ~~yd
3' ~~ ~-~~~tg~~
m°mtl~ £U~Z~n `o~=mod E~'n
`O °`~~Ssa~.-mm`$5 ~'m arm
o m; m a$ ~8 aE~
m_ m ~
a
~~~mE~ONlg%g~g~ s ~~
- m m" U€~ E m o `m o 3~ m ffi
~a ~~
~~~~~
~a5~_
g W
~~~`°-w
m~=~~m
w 3'En~
~ ~m~a~
~~~~5::