HomeMy WebLinkAboutResolution 9954RESOLUTION NO. 9954
CITY OF MOUNDS VIEW, MINNESOTA
RESOLUTION ADOPTING TITLE AND BALLOT QUESTION LANGUAGE
PERTAINING TO ORGANIZED SOLID WASTE COLLECTION
AND ORDERING SPECIAL ELECTION
WHEREAS, on September 19, 2023, the City of Mounds View Charter
Commission ("Charter Commission") voted to transmit to the City Council a citizen petition
("Petition") submitted by a committee of petitioners ("Committee") proposing to amend the
Mounds View City Charter ("Charter Amendment") in accordance with Minnesota
Statutes, section 410.12, subdivision. 1; and
WHEREAS, the Charter Amendment proposed to change the Mounds View
Charter to read:
"Unless first approved by a majority of voters in a state general election, the City
shall not replace the competitive market in solid waste collection with a system in
which solid waste services are provided by government -chosen collectors or in
government -designed districts. The adoption of this Charter amendment shall
supersede any ordinances, ordinance amendments, or Charter amendments
related to solid waste adopted by the City Council after January 1, 2023."
; and
WHEREAS, the Petition was received by the City Clerk who reviewed the Petition
and provided notice to the Committee on September 29, 2023 that the Petition was
insufficient because it lacked the complete required affidavit under Minnesota Statutes,
section 410.12, subdivision 3 and because certain signatures of affiants were illegible;
and
WHEREAS, on October 9, 2023, the Committee submitted a supplementary
petition which the City Clerk reviewed and provided notice to the Committee on October
13, 2023 that the Petition was sufficient and because it included 253 signatures from
eligible voters, meeting the 253 signature threshold that constitutes five percent (5%) of
the total votes cast in the last general election in the City; and
WHEREAS, the Charter Commission transmitted a supplementary petition and the
City Clerk deemed that supplementary petition to be sufficient, all in accordance with
Minnesota Statutes, section 410.12; and
WHEREAS, the question of whether to adopt or reject the Charter Amendment
was submitted to the qualified voters of the City at a special election on Tuesday, April 9,
2024 and the Charter Amendment was subsequently adopted; and
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July 8, 2024
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WHEREAS, following the requirements of the Charter, the City intends to submit a
ballot question to the qualified voters on the date of a state general election about whether
to remain in a competitive market system for solid waste collection or adopt an organized
system for solid waste collection (the "Ballot Question"); and
WHEREAS, , Minnesota law requires that the ballot language to be voted on must
have a title consisting of 10 words or less which has been approved by City legal counsel,
and must have a ballot question that fairly expresses the issue to be voted on and is in a
manner as required or as may be allowed pursuant to standards set forth in applicable
state law; and
WHEREAS, in order for the question to appear on the Tuesday, November 5,
2024, ballot, which is the date of the next state general election, the ballot title and
question must be submitted to the County within 74 days of the election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds
View as follows:
The Charter Amendment approved at the special election on April 9, 2024
requires the City to submit the Ballot Question to the qualified voters on the
date of a state general election about whether to remain in a competitive
market system for solid waste collection or adopt an organized system for
solid waste collection.
2. The Ballot Question, as set forth in Exhibit A, shall be submitted to the
qualified electors of the City at a special election which is hereby called and
directed to be held on Tuesday, November 5, 2024. In submitting the Ballot
Question for adoption or rejection by the qualified voters at the special
election on November 5, 2024, the title and language of the question shall
be presented as shown in Exhibit A attached hereto. The title meets the
requirements of Minnesota Rules, part 8250.1810, subpart 10, and has
been approved by the City's legal counsel.
3. Pursuant to Minnesota Statutes, section 204D.24, the precincts and polling
places for this special election are those precincts which have been
established by the City for its municipal elections. The voting hours at those
polling places shall be the same as those for municipal general elections.
4. The City Clerk is directed to cause a sample ballot in substantially the form
attached as Exhibit A and a notice of election in substantially the form
attached as Exhibit B to be posted, published, printed and delivered as
required by law.
5. The City Clerk is authorized and directed to acquire and distribute such
election materials and to take such other actions as may be necessary for
the proper conduct of this special election and generally to cooperate with
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Resolution 9954
July 8, 2024
Page 3
election authorities conducting other elections on that date. The City Clerk
is authorized and directed to take such actions as may be necessary to
coordinate this election with those other elections, including entering into
agreements with appropriate county officials regarding preparation and
distribution of ballots or ballot cards, election administration, and cost
sharing.
6. Election judges shall be appointed for this special election. The election
judges shall act as clerks of election, and count the ballots cast. The City
Clerk will submit the results to the City Council for canvass in the manner
provided for other City elections.
7. The special election shall be held and the returns made and canvassed in
the manner prescribed by law, and the City Council shall meet between
November 8, 2024 and November 15, 2024 (a date between three and ten
days after the election) for the purpose of canvassing the results thereof.
Adopted by the City Council of the City of Mounds View, Minnesota this 8th day
of July, 2024.
ATTEST:
/V b Z
Nyl Zik nd, C y Administrator
(SEAL)
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