HomeMy WebLinkAboutCharter Resolution 2024-06 RESOLUTION NO.2024-06
MOUNDS wn CITY OF MOUNDS VIEW CHARTER COMMISSION
Charter Commission COUNTY OF RAMSEY
STATE OF MINNESOTA
Chair RESOLUTION RECOMMENDING AMENDMENT OF THE
Russell Warren MOUNDS VIEW CHARTER BY ORDINANCE
763-786-3591
Vice Chair WHEREAS, the City of Mounds View (the "City") is governed by a home
Rebecca Scholl rule charter pursuant to Minnesota Statutes, chapter 410; and
651-503-3999
WHEREAS, the City's charter commission (the "Commission"} has the
2"d Vice Chair authority under Minnesota Statutes, section 410.12, subdivision 7, to recommend
Jerry Peterson amendments to the City's charter; and
612-607-3953
WHEREAS, after discussion and deliberation, the Commission has
Secretary determined that Chapter 4 Nomination and Elections, Section 4.05, Subdivision 1, 4, 5
Brian Amundsen and 6 of the City's home rule charter should be amended, and it desires to recommend
763-786-5699 such amendment to the City Council; and
Dennis Erickson WHEREAS,the Commission requests that the City Council and within 30
612-270-5293 tY respond
days with any questions regarding or clarifications to the suggested amendments or if
Edeth James the City Council is not in unanimous agreement with the Commission's
763-443-5655 recommendation.
Matthew Meehan NOW THEREFORE BE IT RESOLVED by the Mounds View Charter
763-221-1436 Commission that it is recommended that sections 7,04 and 7.05 of the Mounds Yew
City Charter be amended by ordinance, in the form attached hereto as Exhibit A 2024-
Aaron Pratt 06, to be enacted by the City Council of the City of Mounds View pursuant to
612-743-7494 Minnesota Statutes, section 410,12, subdivision 7.
Gary Quick Passed and adopted at a regularly scheduled meeting of the Mounds View Charter
763-786-4631 Commiss* on July 16, 2024.
By awoj\AAI—
Russell Warren, Chair
ATTEST:
rk3aif A u dsen ecretary
Resolution 2024-06 rev 20240716 page 1 of 4
EXHIBIT A 2024-06
ORDINANCE NO.
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING SECTIONS 4.05 OF THE CITY OF MOUNDS VIEW CHARTER
PERTAINING TO VACANCY OF MUNICIPAL ELECTED OFFICE
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 section 4.05 of 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 , 2024 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 adding the double-underlined language and deleting the
stri-eken language as follows:
Section 4.05
Section 4.05. Vacancy of Municipal Elected Office.
Subdivision 1 Vacancy when 365 days or more remain in term.
a. 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 to elect a successor to serve for the remainder of
the unexpired term of the vacated office. The special election shall be held at the next uniform
election date specified in Minnesota Statute 205.10, subd 3a, as it may be amended from time to
time, for which all legal requirements for special elections can be met by the City. (The
determination of vacancy is found in Chapter 2, Section 2.05 Vacancies.) (Amended 2005 o 748;
2023 o 995; 2023 o 996.)
b. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the
term of the vacated office and the special election date of subdivision la is not within 130 days after
the date of Council's vacancy declaration. the Council, after passage of the resolutions of vacancy
and special election date, shall within 30 days and by majority vote appoint a successor using the
Resolution 2024-06 rev 20240716 page 2 of 4
method in subdivision 1 c. In case of a tie vote of the Council, the mayor shall make said appointment
by the same method as in subdivision lc. The appointed successor may continue to serve until a
successor is elected and qualifies. If none of these persons are willing to serve then the position shall
remain vacant until a special election candidate is elected and qualifies.
c. The appointment shall be made from the following commissions positions in the order listed,
unless that person is unwilling to serve or not qualified to serve: first the Mounds View Charter
Commission chair: second the Mounds View Planning Commission chair: third the Mounds View
Parks Recreation and Forestry chair. fourth the Mounds View Charter Commission vice-chair. In the
case of vacancy of the mayor term the appointed person shall serve as a member of the council and
the acting or vice may_ or will continue to serve as mayor, for emergency powers.until the succesor
mayor is elected and qualifies. While serving on the council the appointed person shall be excused
from and shall not participate in their appointed commission position. The person will regain their
commission position for the remaining term of their appointment to the commission. The appointed
council position will expire when the successor is elected and qualifies
Subdivision 4. Vacancy when fewer than 365 days remain in the term.
appointment.!n the ease of a vaeaney whefe there femains less thaft 3 65 days in the uftex-Pifed tefm, the Gotmeil
shall by a maj ority vote appoint a sueeessof to servef the femaindef of the said term. in the ease of a
tie vote of the Gotmeil, the mayof shall make said
Subdivision 5--.
a When a vacancy in an elected municipal office occurs where there are fewer than 365 days in the
term and 120wi 130-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 after the
last day to file for candidacy prior to the regular election date, the notice of such vacancy shall be
published as soon as is practicable. If within the 4-29DO-day period before a regular municipal
election, the vacancy occurs in the office of the mayor or in the office of either or both of the council
members whose seats are to be decided in the election, said vacancy shall be considered not to exist
for purposes of calling a special tke election. Candidates filing a vacancy shall take office at the next
regularly scheduled council meeting following election and qualification.
b. In the case of a vacancy where there are fewer than 365 days in the term. the Council shall by a
majority vote appoint a successor by the same method as subdivision I above to serve the remainder
of the term. In the case of a tie vote of the Council,the mayor shall make the appointment by the
same method in subdivisioin 1 c.
-(Amended 2005 o 748)
eottneil mentbert, the seat shall befiHed by the candidatefor eowteil member with the thit-d highest
vote tota�, ot; in the case of two (2) vacatteies, the thk4 wit4fow-th highest vote totals. W-hetv two (2)-
16
Subdivision 65. If there are insufficient numbers of candidates in a regular or special election to fill expiring
or vacated municipal officeks),the Council shall by majority vote fill said officets)by appointment
defined in subdivision 1 until a successor is elected and qualifies at the next regul r- municipal
Resolution 2024-06 rev 20240716 page 3 of 4
election. In the case of a tie vote of the Council, the mayor or acting mayor shall make said appointment)
the same method of subdivision 1.
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 4 10.11 of the Act.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
Zach Lindstrom, Mayor
Attest:
Nyle Zikmund, City Administrator
(SEAL)
Resolution 2024-06 rev 20240716 page 4 of 4