HomeMy WebLinkAboutOrdinance 1009ORDINANCE NO. 1009
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE CITY OF MOUNDS VIEW CHARTER BY MAKING
ADMINISTRATIVE CONSISTENCY AND TYPOGRAPHICAL
CHANGES THROUGHOUT THE CHARTER
THE CITY OF MOUNDS VIEW ORDAINS:
Section 1. Background; findings; authority.
1.01. The city of Mounds View ("City") is governed by a home rule charter (the "City Charter"), adopted pursuant to
the Constitution of the State of Minnesota and Minnesota Statutes, chapter 410 (the "Act").
1.02. The Mounds View Charter Commission has proposed the adoption of an amendment to correct various
typographical changes and administrative consistency language to the City Charter (the "Amendment") and
recommended to the City Council that the Amendment be adopted by ordinance in the manner prescribed by section
410.12, subdivision 7 of the Act.
1.03. A public hearing on the Amendment was held on October 11, 2023 by the Mounds View City Council after
published notice containing the text of the Amendment, as required by the Act, and all persons desiring to be heard
with reference to the Amendment were heard at said public hearing.
1.04. The Mounds View City Council finds and determines that it is in the best interests of the City and its inhabitants
that the Amendment be adopted.
Section 2. Adoption; effective date; filing.
2.01. The Mounds View City Charter is hereby amended by removing st-tieke , or adding the double -underlined
language as follows:
Section 1.01. Name and Boundaries. The City of Mounds View4E#y), 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 Ecity Aadministrator shall keep at least two (21-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. For this Charter's purposes, the "City" means the City of Mounds View
and its provisions refer to the City unless the context clearly indicates otherwise. (Amended 2010 Ord. 841).
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
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some other officer or body, all powers are vested in the City Council ems. For this Charter's purposes,
the "Council" refers to the City Council of the City of Mounds View unless the context clearly indicates
otherwise.
Section 2.01. Form of Government. The form of government established by this Charter is the "Mmayor-
Ecouncil gplan". 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 Bboard of 14health,
Elibrary Bboard, 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
9ordinance Bboards 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 Mmayor and four (4)
Ecouncil members who shall be qualified electors and who shall be elected at large.
Council -members shall serve for a term of four (4Zyears and/or until a successor is elected and qualifies.
The Mmayor shall serve for a term of two (2Zyears 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 the expiration
of member's term, no Mmayor or Gcouncil_member 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 Mmayor or Ecouncil member.
Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mmayor or Ecouncil_member,
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 Ccity Aadministrator, removal from office, non -residence in the Ccity,
conviction of a felony of any such person after their election, or by reason of the failure of any Council member
without good cause to attend Council meetings for a period of threes consecutive months. In each such case
the Council shall by resolution declare the vacancy to exist. (Amended 2010 Ord. 841.1
Section 2.06. The Mayor's Power and Duties.
Subdivision 1. Subdivision ' . The Mmayor shall preside at meetings of the Council and shall have a vote as a
member. The Mmayor shall be recognized as head of the Ecity Cgovernment for all ceremonial purposes, by
the courts for the purpose of serving civil process, and by the Ggovernor for purposes of martial law. Other
than for the purposes specifically stated in this paragraph, as an individual, the Mmayor shall have no
administrative authority. (Amended 2005 Ord. 742 by Ordinamee 74�4616 dS'e�mberz��014;TFle
oeteber
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Subdivision 2. Consistent with the responsibility to accept considerable leadership over the general conduct
of City affairs, the Mmayor may study the operations of the Ccity Ggovernment and recommend desirable
changes and improvements to the Council. The Mmayor shall also deliver 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 Mmayor's term of office.
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Subdivision 3. At its first meeting each year the Council shall choose an acting Mmayor from the Ccouncil
members. The acting Mmayor shall perform the duties of Mmayor during the disability or absence of the
Mmayor, or, in case of vacancy in the office of Mmayor, until a successor has been appointed and qualifies.
Section 2.07. Salaries. The Mmayor and Ccouncil members 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 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 Mmayor or any two (21members of the Council may call
special meetings of the Council upon at least twenty-four (14 _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
(24) 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. (Amended 2000 Ord. 648.1
Section 3.04. Ordinances, Resolutions and Motions.
Subdivision 1. Except as otherwise provided in this Charter, state law or a more restrictive Ccity ordinance, an
affirmative vote of three (3) or more members of the Council shall be required for the adoption of all
ordinances, resolutions and motions. The votes of Council -members on any action taken shall be recorded in
accordance with state law. (Amended 2000 Ord. 6 99. ad. 619; 8 16, 8-1 2000)
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 (1) 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) calendar 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.
(Amended 2007 Ord. 790. 41-1 n.rrd! . -ee inn Adopted july 23 2007; Filed: August 29 )
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 must be approved by a majority of
available members of the Cil-}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 24 hours'
after the ordinance has been adopted, filed with the Ccity Aadministrator, and has either been posted in three
(3) 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.
(Amended 2010 Ord. 841. )
Section 3.07. Signing, and Publication of Ordinances.
Subdivision 1. Every ordinance adopted by the Council shall be signed by the Mmayor, and attested to, filed
and preserved by the Ccity Aadministrator. Every ordinance shall be published at least once in the official
newspaper no earlier than eight (8) calendar days nor later than seventeen (17) calendar days from the date of
1 passage, either in its complete form preceded by a summary of its contents or as a title and summary.4-
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(Amended 2002 Ord. 700: 2007 Ord. 790: 2010 Ord. 841. by OFdinanee ion Adepted july 23 2007; Flea,
n,,gust 29 2007.)
Subdivision 2. The Oordinance or the Oordinance Ttitle and Ssummary shall be published in a body type no
smaller than brevier or eight -point 8- oint 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.
Subdivision 3. 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' 4/5ths' 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 cEity aAdministrator. 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 cEity aAdministrator. 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 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 2007 Ord. 790: 2010
Ord. 841 1tz,_Ordi ,anee 790 Adopted july 23 2007; Filed; August 29 2007)
Section 3.10. Amendment and Repeal of Ordinances and Resolutions.
Subdivision 2. An ordinance or resolution passed under the initiative power of Chapter 5 Section 5.06 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 twos 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 cEity aAdministrator for 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 Xity aAdministrator. (Amended 2010 Ord. 841.)
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
CUy-Council shall designate. At least fifteens days' prior notice shall be given by the Ecity
Aadministrator by posting a notice thereof in at least one (apublic 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. (Amended 2010 Ord. 841.1
Section 4.02. Filing for Office.
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Subdivision 1. Pursuant to Minnesota Statutes, section 205.13, subdivision.- 1 a, as amended, an affidavit of
candidacy for a city office must be filed within the time frame specified and in accordance with the 9statute
with the exception that the fee portion of the £statute shall be superseded by the following: Any resident of
the Ccity qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of
$20 or by filing a petition in compliance with MNinn. Statute 205.13, Subd. 4, as amended, to the Ecity
Aadministrator, have their name placed on the municipal election ballot. (Amended 1986 Ord. 404: 1998
Ord. 435: 2004 Ord. 736: 2005 Ord 759: 2010 Ord. 841: 2013 Ord 878: 2023 Ord. 994. by Or -di ane �3§;
3une 22,2005; Amended by Ordkiffiw-e,. 878, Adopted eb 11, 2013,Effective May-12, 2913.)
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 15 days' prior notice shall be
given by the Ecity Aadministrator by posting a notice thereof in at least one Upublic 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. (Amended 2010 Ord.
841
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 90 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 Ecity Aadministrator shall give at least sixty (60Zdays' published prior notice of such special
election, except as set forth under Subdivision 5 of this section. (Amended 2010 Ord. 841: 2023 Ord. 996.)
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 (601days 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 Mmayor or in the office of either or both of the Ecouncil-members 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 twos Ecouncil-members, the
seat shall be filled by the candidate for Ecouncil-member with the third highest vote total, or, in the case of
two favacancies, the third and fourth highest vote totals. Where two (ivacancies 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 2005 Ord. 748. by-O-dinanee 744��opted September27, ''04FiledOQteber=1-2-1
Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring
or vacated municipal offices, the Q-t-y-Council shall fill said offices by appointment until the next regular
municipal election. In the case of a tie vote of the Council, the Mmayor shall make said appointment.
Section 5.01. General Voter Authority*. The people of Mounds View, have the right in accordance with this
Charter, to propose ordinances (initiative) and to require that any ordinance be referred to the voters
(referendum), except those that appropriate money, levy taxes or deal with administrative issues (Minnesota
N Statutes, section 410.20, as amended). The voters also have the right to remove elected public officials
(recall). 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 Statutes, section 200.039, as
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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 appendices at the end of this
Charter. In all cases, the Charter text shall take priority over the appendices should there appear to be a
discrepancy. (Amended 2007 Ord. 790. .)
Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a committee of five
(5) to ten (10) members who are voters of the Ccity and whose names and addresses must appear on the
petition as the gsponsoring Ccommittee. A completed petition consists of ones or more pages gathered
together as a single document. Each separately circulated page shall contain at its head, or attached thereto,
the information specified in sections 5.05, 5.07 or 5.08 which apply, respectiyelyfit4, to initiative,
referendum and recall. The Ssponsoring Ccommittee may obtain a sample petition from the Ccity
Aadministrator. The Ccity Aadministrator shall provide the number of signatures for petition sufficiency
which is based on the total number of ballots cast for -Ppresident in the most recent -Ppresidential election. All
petition circulators must be voters of the Ccity. Each separate page of the petition must include a certificate
signed and dated by the circulator. The certificate shall affirm that each circulator believes the page to
contain the genuine signatures of the voters whose names they purport to be and that each signer was
presented with the full petition. Each signer of a petition must be a voter of the Ccity and must sign and print
their name and give their street address. The completed petition shall be submitted to the Ccity
Aadministrator for review. Any voter whose name appears on a petition may withdraw their name by filing a
statement in writing with the Ccity Aadministrator before the Ccity Aadministrator advises the Council of the
information related to the sufficiency of the petition or, if such completed petition is deemed insufficient
pursuant to this Charter, during any time period that additional signature papers are being circulated by the
9sponsoring Ccommittee or reviewed by the Ccity Aadministrator pursuant to Section 5.04. Consistent with
the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance
or resolution, the definition of a frivolous petition.
(Amended 2007 Ord. 790; 2010 Ord. 841. )
Section 5.03. Determination of Petition Sufficiency. 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 Rreferendum require signatures numbering at least fifteen44-5) percent
(15% of the total ballots cast for Ppresident in the most recent -Ppresidential election.
• Petitions for Rrecall require signatures at least twenty_ five{2-5) percent 25% of the total ballots
cast for -Ppresident in the most recent -Ppresidential election.
If all requirements have been met, the Ccity Aadministrator shall report to the Council within ten (10)
calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the
sufficiency of the petition by resolution. (Amended 2008 Ord. 790; 2010 Ord. 841 by Ordi . nee 79n,
Adopted july 23, 2007; Filed. August 29, •)
Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous, the
Ccity Aadministrator shall report to the Council within ten (10) calendars days of receipt of the petition. If
the Council determines the petition is frivolous, the Council shall direct the Ccity Aadministrator to the file
the petition as frivolous and no further action shall be taken. If the Ccity Aadministrator determines that the
petition does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the
petition, together with a written statement of its defects, shall be delivered to the Ssponsoring Ccommittee
and to the Council within ten (10) calendar days of receipt of the completed petition. As specified in this
Charter, the Ssponsoring Ccommittee shall have -a twenty-one (21) calendar days to file additional signature
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papers and/or to correct the specified insufficiency. Within nine (9) calendar days of receipt of the corrected
completed petition, the Ccity Aadministrator 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,
the Council shall direct the Ccity Aadministrator to file the petition as insufficient and notify the ,99onsoring
Ccommittee within ten (10) calendar days that no further action will be taken. The final finding that the
petition is insufficient 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. (Amended 2007
Ord. 790: 2010 Ord. 841 h<, n„d;,,anee moon Adopted Ail), 23 2007; Fled, n,,pst 29 2nn� )
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 one hundred twee*., (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 put 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 for a
special election to be held within one hundred twenty (120) calendar days of said meeting. However, no
special elections can be held between a regular primary election and a regular general election or forty (40)
calendar days after a regular general election. If there is no regular primary election then no special election
shall be held within sixty (60) calendar days prior to a regular general election. (Amended 2007 Ord. 790 by
Ordinanee 790 Adopted Lily 23 2007; Filed. August 29 2007•)
Section 5.06. Initiative*. 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. The petition shall be
r filed in the Ccity Aadministrator's office prior to circulation and shall be valid for one hundred eighty (180)
calendar days during which time a completed petition with signatures must be filed. If a petition for initiative
is determined to be frivolous, it is prohibited from being repeated within one hundred eighty (1804 calendar
days of the determination. 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
according 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 (30) calendar days after publication 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 one hundred eighty 180) calendar days
of the election certification. Failure of a ballot measure for a proposed ordinance shall not prevent the
Council from proposing a similar ordinance. (Amended 2000 Ord. 650: 2007 Ord. 790: 2010 Ord. 841.by
Ordi na nee moon Adopted Aily 23 2007; Filed. August 29 2007•)
Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it must be
presented to the 8sponsoring Ccommittee prior to the first reading of the proposed ordinance. The
Ssponsoring Ecommittee shall have fourteen (14) calendar days from the receipt of the amended proposed
ordinance to disapprove the amendment by majority vote, and file a statement with the Ceity Aadministrator.
Upon receipt of a statement of disapproval from the Ssponsoring Ccommittee, the Council must either adopt
the proposed ordinance, according to Subdivision 1 of this section, or place the ordinance, as presented by
the 8sponsoring Ccommittee, on the ballot as provided in Section 5.05. If the Ssponsoring Ecommittee does
not submit a statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05
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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. (Amended 2007 Ord. 790: 2010 Ord. 841. by
Or i,,. nee moon Adopted pte r„ ly 23 2007; Fileda August 29 2007.)
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 Ccommittee must file the completed petition in the
office of the cCity 4Administrator at least ten (10) calendar days before the ordinance takes effect. If a
petition is determined to be frivolous, no further action on the petition shall be taken and the adoption of the
ordinance shall proceed according to Section 3.05. If the petition is found to be sufficient under the
provisions of Section 5.03 of this chapter, 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 petition, 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 does not meet the requirements of
sufficiency under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the
Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) calendar days
and the 8sponsoring Ccommittee will have twenty-one (21) calendar days in which to file additional
signature papers and/or to correct the specified insufficiency 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 2000 Ord. 651; 2007: Ord. 790: 2010 Ord. 841.
by Ordinanee Inn, Adopted My 23, 2007; Filed! August 29, 2007.)
Section 5.08. Recall.
Subdivision 1. The voters of the Ccity may request a recall vote of any elected official of the Ccity by
petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of
the official whose removal is sought, the grounds for recall, which shall be malfeasance or misfeasance in
office, in not more than two hundred f: fty4250) words, and the intention of the sponsoring cCommittee to
bring about the official's recall. The petition shall be filed in the Ccity Aadministrator's office prior to
circulation and shall be valid for one 1,undfoa eighty (180) calendar days during which time a completed
petition with signatures must be filed. (Amended 2010 Ord. 841.)
Subdivision 2. The Ccity Aadministrator 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 a petition for recall is determined to be
frivolous, it is prohibited from being repeated within one ayear of the determination. If the Council
declares 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 fourteen (14) calendar days of the declaration of
sufficiency, the elected official named by the petition may provide a response for their own course of action
in not more than five hundred (500) words. The Ccity Aadministrator shall include with the published notice
of the election, the statement of the grounds for the recall and the response of the official concerned or a
statement stating no response 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 results. 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
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�I for one (1 Zyear 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. (Amended 2010 Ord. 841.)
Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way
affecting the right of the voters to propose amendments to this Charter which can be proposed in accordance
with MNinnesota Statutes, section 410.12, as amended.
Section 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
Ccity Aadministrator. (Amended 2010 Ord. 841.1
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 C-4y-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.
Section 6.03. Duties of the City Administrator. The duties of the Ccity Aadministrator shall be specified in
Chapter 4-0&32.015 of City Code, as amended, and shall include those in MNinnesota Sstate Statutes for
Ccity Cclerk unless otherwise assigned in City Code. The Council shall provide for the designation,
delegation and/or assignment of some or all the duties to other Ceity staff as needed. (Amended 2010 Ord.
841. byOr&nanee-844,4deVtea�A41ar-eh8, 2910;• Effieeti— J , 46, 2 4-0 )
Section 6.04. City Treasurer. The Council shall appoint a Ttreasurer. This office shall be separate from that of
the Ccity Aadministrator and shall include those duties for Ttreasurer in MNinnesota-Estate Statutes unless
otherwise assigned in City Code. (Amended 2010 Ord. 841. by Or&nanee 8 41," ted A4reh 8-, 204 07
HfeeEJune , 2 01-0:)
Section 7.01 Council to Control Finances. The Council shall have full authority over the financial affairs of
the City except as limited or prohibited by the state Minnesota eConstitution, Minnesota Statues, or this
Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of
accounts. It shall further provide for the safekeeping and disbursements of public monies by the cCity
Ttreasurer.
Section 7.03 System of Taxation.
Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money against real and personal
property) shall adhere to the following formula: the tax levy dollar amount may be increased up to six and
one-half percent (6.5)% over the prior year tax levy dollar amount, except in the following circumstances:
A) The tax levy dollar amount may be increased an additional two and one-half percent (2.5%), to a total of
nine percent (9%), over the prior year tax levy dollar amount by an affirmative vote of four (for more
members of the Council.
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I- B) The tax levy dollar amount may be increased to Consumer Price Index (CPI) plus two and one-half percent
/ (2.5%), if CPI exceeds six and one-half percent (6.5%), by an affirmative vote of four (41members of the
Council. The CPI shall be the twelve 12) month average of the most recently published data for all Uurban
Econsumers in the Minneapolis, St aint Paul metropolitan area, as defined by the U.S. Department of
Labor, Bureau of Labor Statistics.
C) The limits in this subdivision shall be suspended for one (l)_year after the decertification of a Ttax
(increment Ffinancing Ddistrict.
(Amended 2006 Ord, 772: 2022 Ord. 984.)
Subdivision 2. The Qty-Council may levy a tax against real and personal property in excess of the limit set in
Subdivision 1 provided the Council shall:
A) Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which
such additional tax levy is required.
B) Hold a public hearing upon at least ten 10) days' posted and published notice in the City's official
newspaper, City newsletter, and, if available, the City web -site, setting forth the contents of the resolution
described in Subdivision 2A.
C) After such public hearing, adopt by an affirmative vote of at least four (4) members of the Council such
resolution language which is readily understandable and a summary of such resolution will be the ballot
question for the electorate at the next regular municipal election or special election, per this Chat errs
Section 4.04, as amended, prior to the final levy approval.
D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of this Charter then the
levy shall be implemented in the following fiscal year or later date as specified in the resolution.
(Amended 2006 Ord. 772. )
Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall
require voter approval as stipulated in Subdivision 2 of this Section.
b) For the purposes of this Section, the term "fee" does not include: Ffiling for Ooffice fee, park or
recreational participation fees, charges for photo -copying, sales of municipal liquor store products,
Hbuilding and Zzoning Ppermit or (inspection and P-planning fees, or civil, criminal and banking
fines and other charges collected in cases of restitution or violation of law or contract. The term "fee"
does not include charges collected by the direction of the Estate, Ecounty or other taxation authority,
or as a result of joint powers agreements. The term "fee" also does not include rental housing fees,
liquor license fees, cable franchise fees, annual license fees for the operation of a regulated business,
fees for services, including health and safety related Ecode enforcement, and other goods, services or
materials routinely provided by the City that for those applicable, pursuant to MNinnesota Statutes,
the amount charged shall reflect the actual cost. The term "fee" shall not include any special
assessments made under Minnesota Statutes, Seetien- hapter 429, as amended. (Amended 2009 Ord.
(319.by Ordinanee-849, Adopted May 1-1,2009; Eneotive. August 19, 2009.)
(Amended 2006 Ord. 772. )
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Subdivision 4. The City shall not levy to increase any fund reserve beyond fifty percent (50%) of an
average of that fund's previous fives -years of annual expenditures. The Council may raise a fund's
reserve beyond fifty percent (50%) provided:
b). the Council modifies and adopts by resolution the Ffive Y--year 5- ear FIfinancial Pplan, as
defined in Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose and the City
follows such proposed increase with the steps outlined in Subdivision 2 of this Section the year
prior to the collection of such increased taxation or fee.
Moneys raised by Ttax lincrement B_financing shall not be included in the calculation of reserve limit. This
Ssubdivision and Ssection shall not limit or impair the City's ability to create Ttax lincrement pfinancing or
enter into Ddevelopment Aagreements specified by MNinnesota Statutes, sections 469.174 to 469.1799, as
amended. This Ssubdivision shall not require the City to divest or expend any excess of any reserve fund(s)
currently exceeding the specified limit, provided the Council, within ninety 90) days of adopting this
Ssection, designates by resolution the purpose of the reserve or adopts a modified pfive Yyear 5- ear
pfinancial Pplan reflecting the reserve purpose.
(Amended 2006 Ord. 772.)
Subdivision 5. Nothing in this Section shall be construed to impair any general obligation the City may have
in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the
City, provided, however, that long-term general obligation indebtedness shall not be used for the purpose of
funding the routine and daily business operations of the City.
(Amended 2006 Ord. 772.1
Section 7.04 Submission of Budget.
Subdivision 1. Annually, on or before the ' 5th ealen'^r day of September 15 of each year or as specified by
Minnesota Statutes, section 275.065, as amended, the C-city Aadministrator 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 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. 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.
Subdivision 3. The C-city Aadministrator'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 the City for the ensuing fiscal year and the impact of those
policies and programs 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
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fund, including factors affecting the ability to raise resources through debt issues, and include such other
`r material as the Ccity Aadministrator deems desirable or as requested by the City Council. (Amended 2010
Ord. 841).
Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the public with a general
time table for the annual budget process. The dates are guidelines and subject to change by the CU -Council
and MNinnesota Statutes, section 275.065, as amended.
Section 7.05 Five -Year Financial Plan.
Subdivision 1. The Cif Council shall have prepared a five-year 5- ear financial plan commencing with the
ensuing calendar year. The Ott -Council shall hold a public hearing upon at least ten 10) days' posted and
published notice in the City's official newspaper and, if available, the City web -site and shall then adopt the
five-year 5- ear financial plan, with or without amendment, by June 1st of each year. The financial plan
shall consist of at least the following threes elements as specified in subdivisions 2 through 4 which
follow:
(Amended 2010 Ord. 8391
Subdivision 2. The Ccapital Jimprovement Pprogram shall contain a list of all capital improvements
proposed to be undertaken during the next fives 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 3. A Ffive-Yyear 5- ear Rrevenue and Eexpense Bestimate shall contain a tentative revenue
policy that describes five-year 5- ear plans for financing public services and capital improvements. 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 4. The Ccapital Bbudget shall be a summary on the basis of a five-year 5- ear 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 5. A summary of the five-(5)--year 5- ear 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.
(Amended 2010 Ord. 839.by Or-dinemee 839, AdoptedDee 14�2009;Published Dee-24, 20(39-.)
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 MNinnesota Statutes, section 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 thirty (30)-day period for public review and input to the annual budget
prior to final approval by the C-it- -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
Page 12 of 19
DOCSOPEN\MU210\4\903732. v2-9/20/23
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 purpose 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 Ecity
Aadministrator shall certify the tax resolution to the Ecounty Aauditor 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. (Amended 2010 Ord, 841.)
Subdivision 2. As specified by Minnesota Statutes, section 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 Nnewsletter, 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 Sstatutes on Ttruth in Ttaxation or no later
than sixt 60) days after adoption by the Council in the official City newspaper, the City newsletter and, if
available, the City web -site.
Section 7.07. Enforcement of the Budget. The Ccity Aadministrator 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 Ecity
Aadministrator to strictly enforce the detail provisions of the budget. The Oly-Council shall strictly enforce
the provisions of the budget. The C —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 Ci -Council, the C%—Charter, the City Code, and Minnesota Sstatutes. 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 correctness and
reasonableness. (Amended 2010 Ord. 841. )
Section 7.10. City Indebtedness.
(Amended 2007 Ord. 782 k, --014-41 H. _-rtEe782,461eVted Jan-y 92 0 0 77 P u b 1 ishe d Ja n uary 2 ?2007)
Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper,
and, if available the City Nnewsletter and the City web -site, but failure to give such description, or any defect
in the description, shall not invalidate the issue.
Section 7.11. 4: Anticipation Certificates. At any time after January 1, in accordance with MNinnesota
Statutes, section 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
Page 13 of 19
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with interest thereon until maturity shall not exceed ninety percent (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 1st
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 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 ten percent 00%) of the total City budget and to run not to exceed three 3 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 (lmembers of the Council. It may be passed
as an emergency ordinance.
Section 8.03. Local Improvement Ordinances and Regulations. Within ninet 90) days after this Charter
goes into effect, the Council shall enact suitable ordinance(s) governing local improvements and special
assessments. The ordinance(s) shall provide a complete working code covering the determination of
assessments and assessment Ddistricts, public hearings, appeals from a collection of assessments, penalties
for delinquency in making payments, financing of said assessments, and the certifying of unpaid assessments
for collection by the proper county officer. Said ordinance(s) shall also provide for installment payments and
notices to be given thereof, appellate procedure, re -assessment, if necessary, and all other matters appropriate
to the subject of local improvements and assessments. After the adoption of such ordinance(s) providing for
local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in
such ordinance(s) and as otherwise contained in this Charter.
Section 8.04. Procedure.
Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be
instituted by either, (1) the petition of at least twenty-five percent 25% in number of the benefited property
owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2)
a resolution adopted by a four -fifths' 4/5`h affirmative vote of all of the Council. The Council resolution
shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost
estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt
of such estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement,
setting forth therein the time, place and purpose of such hearing. Such resolution shall be described in the
City Nnewsletter and published twice at least one aweek apart in the official newspaper of the City no less
than two (2Zweeks prior to the date of said hearing, and in addition thereto, a copy of such resolution
including estimated unit prices and estimated total price thereof shall be mailed to each benefited property
owner at owner's last known address at least two (2) weeks prior to the date of said hearing. Failure to give
mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the C4ty
Council shall receive any written and oral statements, and hear any petitioners for or against the proposed
improvement. A period of sixty 60 days shall elapse after the public hearing before any further action shall
be taken by the Council on the proposed improvement. If within such sixty --day 6( 0-day period, a petition
against such improvement be filed with the Council, signed by a majority of the owners proposed to be
assessed for the improvement, or, when the improvement has been petitioned for, signed by a number of the
owners proposed to be assessed for such improvement at least equal to the number of those who petitioned
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for the improvement, the Council shall not make such improvement at the expense of the property benefited,
unless, in the meantime, there be filed with the Council a petition asking that the improvement be made,
signed by property owners proposed to be assessed for such improvement at least equal in number to those
who signed the petition against the improvement; in which event the Council may disregard the petition
against the improvement. Any person whose name appears on a petition to the Council for a local
improvement, or on a petition to the Council against a local improvement, may withdraw their name by a
statement in writing filed with the Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions in Subdivision 1, when less than 100 percent 100% of the
estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty --day
60-day)period after a public hearing has been held on the proposed improvement, a petition may be filed
with the Council, signed by a majority of the number of electors who voted for Mmayor in the last regular
municipal election, protesting against either the improvement, or the assessment formula, or both. In this
event, the Council shall not proceed with the improvement, as proposed.
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council may
proceed at any time between sixty (60) days and one year after the public hearing on the improvement.
However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost
by more than ten percent 1( 0%�.
Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council
shall not vote on the same improvement within a period of one year after the public hearing on said
improvement.
Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds
view to certify unpaid property -based Aadministrative Ooffense penalties by certification to property taxes.
Collection of Aadministrative Ooffense penalties shall proceed only in accordance with an ordinance adopted
by the Council that must require at least the following:
The City must give notice to the property owner listed on the official tax records at least 30(thirty)
days prior to imposing the certification.
The City must attempt to obtain voluntary payment of the fees and penalties and allow the property
owner the opportunity to request certification to the property taxes as a method of payment. The City
must provide an opportunity for a hearing regarding the certification before either the C4�-Council or
a neutral third party as specified in City Code.
Administrative Ooffense penalties and charges must be directly related to the property being assessed
according to City Code and as published in the fee schedule. Certifications under this ordinance shall be
imposed pursuant to Minnesota State Statutes including sections 366.011, 366.012, 415.01, and 429.101, as
amended and as specified in City Code. (Amended 2008 Ord. 810 „adopted T„i„ 2g 2008 )
Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, condemnation, or otherwise,
any real property, either within or without its boundaries that may be needed by the City for any public
purpose. In acquiring property by exercising the power of eminent domain, the City shall proceed according
to Minnesota la ,Statutes, gGhapter 117, as amended, or other applicable items. (Amended 2005 Ord. 749.
by Ordl ee:749; Adopted -September- ,2004; F'T-- Oetober13, 200).
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Section 10.02. Term. No perpetual franchise or privilege shall be created, nor shall any exclusive franchise or
privilege be granted for a period of more than twenty-five (25) years.
Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be
charged by a public utility are fixed by the Council, the Council shall hold a public hearing on the matter.
Notice of such hearing shall be published at least once in the City Nnewsletter and in the official newspaper
not less than ten ( l0�days prior to the date of the hearing.
Section 11.01. Acquisition and Operation of Utilities. The City may own and operate any gas, water, heat,
power, light, telephone or other public utility for supplying its own needs for utility service, or for supplying
utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose,
and may acquire any existing utility properties so needed; but such action may only be taken by ordinance,
which shall not be an emergency ordinance. The operation of all public utilities owned by the City shall be
under the supervision of the C44y-Council.
Section 11.04. Lease of Plant. The Council may, if the public interest will be served thereby, contract with
any responsible person, co -partnership or corporation for the operation of any utility owned by the City upon
such rentals and conditions as it may deem necessary; but such contract shall not be an emergency ordinance.
In no case shall such contract be for a longer term than ten (10) years.
Section 11.06. Notice of Public Hearings;. Notice of public hearing required by this chapter shall be
published at least once in the official newspaper and in the City Nnewsletter at least ten (1 O)_days prior to the
date of the hearing. Additional notice of such public hearing may be given in such manner as the Council
may determine.
Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general
circulation in the City as its official primary newspaper, as well as an optional secondary newspaper, in
which shall be published ordinances, other matters required by law, or this Charter, to be so published, and
any other matters the Council may deem is in the public interest to have published in this manner. (Amended
2008 Ord. 799 I n..a:„.,„ e 799adopted Sep 24 2007 )
Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of their office,
take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to
support the Constitution of the United States and of this state and to discharge faithfully the duties devolving
upon me as (Mmayor, Ccouncil member, Ceity Aadministrator, etc.) of the City of Mounds View to the best
of my judgment and ability."
Section 12.04. Official Bonds. The Ecity Aadministrator, the Ecity Ttreasurer, and such other officers or
employees of the City may be provided for by ordinance shall each, before entering upon the duties of their
respective office or employment, give a corporate surety bond to the City in such form and in such amount as
may be fixed by the Council as security for the faithful performance of their official duties. This corporate
surety bond may be in the form of either individual or blanket bonds at the discretion of the Council. They
shall be approved by the Council, and approved as to form by the Ccity Aattorney, and filed with the Ecity
Aadministrator. The premiums on the bonds shall be paid by the City.
Section 12.07. Statutes not Affected by Charter. All general laws and statutes of the state applicable to all
cities operating under Hhome Rrule Echarters, or applicable to cities of the same class as the City of Mounds
View operating under 14home Rrule Echarters, and not inconsistent with the provisions of this Charter, shall
Page 16 of 19
DOCSOPEN\MU210\4\903732.v2-9/20/23
apply to the City , and shall be construed as supplementary to the provisions of this Charter.
1 (Amended 2010 Ord. 841.)
Section 12.13 A newsletter shall be published by the City at regular intervals at least four (4) times each year.
The City may use several delivery methods if necessary to deliver the newsletter to at least
each non-commercial postal delivery address with in the Ecity Aria^,.^ag 1.4ey, unless the resident has
requested not to receive the city newsletter. If practicable, a copy of the newsletter shall be posted on the city
website. (Amended 2008 Ord. 800. , 2008.)
Section 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a violation of a City
ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with Estate law. The
Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative
offense as defined in City Code. (Amended 2008 Ord. 810. bra:,,., , o _8 n, adopted ttly 28, 2008.)
Section 12.15. This Charter becomes effective January 1, 1980, or thirty (302days after adoption, whichever
comes later.
Section 12.16. Severability. This Charter is subject to federal and state laws. If any provision of this Charter
is held to be invalid or otherwise contrary to law, by any court of competent jurisdiction, that provision shall
be voided. All other provisions of this Charter shall continue in full force and effect. If the application of the
Charter or any provisions to any person or circumstance is held to be invalid, the application of the Charter
and its provisions to other persons or circumstance shall not be impacted by such a holding. (Amended 2023
old
Charter Amendment History
Ordinance
No.
Dute
A4ept_edEff
ective Date
Chapter/Section Amended
404
05/27/1986
Section 4.02, Filing for Office. lead time adjustment for filing,
435
10/04/1988
Section 4.02, Filing for Office. lead time adiustments for filing
Resolution
No. 4656
11/09/1994
Section 4.02, Term Limits Approved by ballot referendum, however later
determined to be unconstitutional by the MN Supreme Court.
Resolution
No.4663
11/14/1994
Directing City Clerk not to file Charter amendment concerning term limits until
pending MN Supreme Court case on term limits is adjudicated.
648
04/24/2000
Section 3.01, Council Meetings — VOID — Published but never brought to Council for
Action
649
08/17/2000
Section 3.04, Ordinances, Resolutions, and Motions
650
08/17/2000
Section 5.05, Initiative
651
08/17/2000
Section 5.07, Referendum
661
06/0512.000
Section 6.01 —Failed by Ballot 11/07/2000
none
Page 17 of 19
DOCSOPEN\MU210\4\903732.v2-9/20/23
662
0b/05/2000
none
Section 2.03 — Failed by Ballot 11/07/2000
700
11/24/2002
Section 3.07, Signing and Publication of Ordinances
736
08/17/2004
Section 4.02, Filing for Office, added reference to statute.
742
11/22/2005
Section 2.06, The Mayor's Power and Duties
743
09427T,z004
Chapter 5 — Motion failed by City Council, sent back to Charter Commission
none
748
01/11/2005
Section 4.05, Vacancy of Municipal Elected Office
749
01/11/2005
Section 9.01, Acquistion of Property statute conformance.
759
09/27/2005
Section 4.02 Filing for Office. fee change.
772
11/07/2006
Chapter 7, Taxation and Finances — Adopted by referendum vote.
782
04/17/2007
Section 7.10, City Indebtedness
790
11/ 07
Chapter 3, Council Procedure and Chapter 5, Initiative, Referendum and Recall
799
04/08/2008
Section 12.01, Official Publication changes
800
04/22/2008
Section 12.13, Newsletter Publication frequency and delivery
810
11/04/2008
Chapter 81 0 Public 1. „fove„ ent and S„eeial A s5essnwn*Section 8.06 added and Section
12.14 Administrative Offense amended.
819
08/19/2009
Section 7.03, System of Taxation. adding francise fee to control.
839
03/24/2010
Section 7.05, Subdivision 1 Five -Year Financial Plan notice to the public.
841
06/ 16/2010
Amending Charter by changing Clerk -Administrator to City Administrator and Section
6.03 and 6.03 regarding duties of the Administrator and Treasurer
844
05/10/2010
878
05/22/2013
Section 4.02, Filing for Office conformance to statute.
984
03/20/2023
t1V V G}' Mounds
Amending Section 7.03, Subdivision 1, V the he City View rha4or- Peft inin . to
the City's Syste,,, of Taxatio Changing levy limits and forumulas.
994
03/20/2023
Amending- Section 4.02 of the City of Mounds View Charter Pei4 inin . to Filing for- Offiee
Removing reference to term limits.
995
03/20/2023
Amending Section 4.05, Subdivision 1, of the City ,.rMounds View rh,,Aer- Peft ini .
to Vaeane es in Munieipal W eeted O f o Adding reference to Section 2.05 Vacancy.
996
_
03/20/2023
Amending Secing 4.05, Subdivision 1 and 2 of the Gity f Mounds View Ghai4e
Peftaining teSnecial Election for Vacancies in the Municipal Elected Office.
1008
12/18/2023
Section 12.16, Added Severability clause effective for whole charter.
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DOCSOPEN\MU210\4\903732.v2-9/20/23
1009
01/09/2024
mending the Mounds View City Charter by making Administrative Consistency and
ITypographical Changes Throughout the Charter
2.02. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication
a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by
the Act is filed with the City Clerk, this ordinance will not be effective until approved by fifty-one percent (51 %) of
the voters voting on the question of its adoption at an election called by the Council for that purpose.
2.03.On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment
with the Secretary of State of the State of Minnesota, the Ramsey County Recorder, and the City Clerk's office together
with the certificate required by section 410.11 of the Act.
First Reading: September 25, 2023
Second Reading: October 23, 2023
Date of Publication: October 25, 2023
Date Ordinance Takes Effect: January 23, 2024
Section 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary
printed in the official City newspaper in lieu of the complete ordinance:
On October 9, 2023, the City Council adopted Ordinance 1009 that amends the Mounds View Charter by
making administrative consistency and typographical changes throughout the Charter.
A printed copy of the ordinance is available for inspection during regular business hours at Mounds View
City Hall and is available on line at the City's web site located at www.moundsviewmn.org.
n
Gary Nk-ell1hause, Acting ayor
Attest:
Nyle ikm d, City dministrator
(SEAL)
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