HomeMy WebLinkAboutCITY CHARTER - 2023 Website Version American LegalCITY CHARTER
ORIGINALLY ADOPTED 1979
REVISION DATE: MARCH 15, 2023
CITY CHARTER
Index
Chapter 1. Name, boundaries, powers and general provisions
Chapter 2. Form of government
Chapter 3. Council procedure
Chapter 4. Nomination and elections
Chapter 5. Initiative, referendum and recall
Chapter 6. Administration of city affairs
Chapter 7. Taxation and finances
Chapter 8. Public improvements and special assessments
Chapter 9. Eminent domain
Chapter 10. Franchises
Chapter 11. Public ownership and operation of utilities
Chapter 12. Miscellaneous and transitory provisions
Appendices
Appendix A. Timeline for a ballot issue related to initiative, referendum and recall
Appendix B. Initiative process flow diagram
Appendix C. Referendum process flow diagram
Appendix D. Adoption of ordinance with allowance for citizen referendum - timeline
Appendix E. Recall process flow diagram
CHAPTER 1: NAME, BOUNDARIES, POWERS AND GENERAL
PROVISIONS
Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County, Minnesota shall
continue to be a municipal corporation under that name and with the same boundaries as now are or
hereafter may be established. The city administrator shall keep at least two (2) 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; Amended 2023 Ord. 1009.)
Section 1.02. Powers of the City. The City shall have all powers which it may now or hereafter be
possible for a municipal corporation in this state to exercise in harmony with this Charter and with the
Constitution of this state and of the United States. It is the intention of this Charter to confer upon the
City every power which it would have if it were specifically mentioned, unless otherwise provided in
this Charter. The Charter shall be construed liberally in favor of the City, and the specific mention of
particular municipal powers in other sections of this Charter does not limit the powers of the City to
those thus mentioned. Unless granted to some other officer or body, all powers are vested in the City
Council. For this Charter ’s purposes, the “Council” refers to the City Council of the City of Mounds
View unless the context clearly indicates otherwise. (Amended 2023 Ord. 1009.)
Section 1.03. Charter a Public Act. This Charter shall be a public act and need not be pleaded or
proved in any case.
CHAPTER 2: FORM OF GOVERNMENT
Section 2.01. Form of Government. The form of government established by this Charter is the
“mayor-council plan”. Except as otherwise provided by state law or this Charter, all powers of the City
are vested in the Council. (Amended 2023 Ord. 1009.)
Section 2.02. Boards and Commissions. There shall be no separate administrative board of health,
library board, or any other administrative board or commission except for the administration of a
function jointly with another political subdivision. The Council shall itself be and perform the duties and
exercise the powers of such boards and commissions provided by state law. The Council may,
however, establish by ordinance boards or commissions to advise the Council with respect to any
municipal function or activity, to investigate any subject of interest to the City, or to perform quasi-
judicial functions. (Amended 2023 Ord. 1009.)
Section 2.03. Council Composition and Election. The Council shall be composed of a mayor and
four (4) council members who shall be qualified electors and who shall be elected at large. council
members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The
mayor shall serve for a term of two (2) years and/or until a successor is elected and qualifies.
(Amended 2023 Ord. 1009.)
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 (1) year after the
expiration of member's term, no mayor or council 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 mayor or council member. (Amended 2023 Ord. 1009.)
Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of mayor or council
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 city administrator, removal from office, non-
residence in the city, conviction of a felony of any such person after their election, or by reason of the
failure of any Council member without good cause to attend Council meetings for a period of three (3)
consecutive months. In each such case the Council shall by resolution declare the vacancy to exist.
(Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
Section 2.06. The Mayor's Power and Duties.
Subdivision 1. The mayor shall preside at meetings of the Council and shall have a vote as a
member. The mayor shall be recognized as head of the city government for all ceremonial purposes,
by the courts for the purpose of serving civil process, and by the governor for purposes of martial law.
Other than for the purposes specifically stated in this paragraph, as an individual, the mayor shall have
no administrative authority. (Amended 2004 Ord. 742; Amended 2023 Ord. 1009.)
Subdivision 2. Consistent with the responsibility to accept considerable leadership over the general
conduct of City affairs, the mayor may study the operations of the city government and recommend
desirable changes and improvements to the Council. The mayor shall also deliver messages to the
Council and the public, including a comprehensive message on the state of the City as soon as
practicable after the beginning of each year of the mayor ’s term of office. (Amended 2023 Ord. 1009.)
Subdivision 3. The Council shall choose an acting mayor from the council members. The acting
mayor shall perform the duties of mayor during the disability or absence of the mayor, or, in case of
vacancy in the office of mayor, until a successor has been appointed and qualifies. If there is a
vacancy in the office of the mayor, the Council shall choose a vice acting mayor from the council
members to perform the duties of the mayor during the disability or absence of the acting mayor until a
successor mayor is elected and qualifies. (Amended 2023 Ord. 1009; Amended 2023 Ord. 1011.)
Section 2.07. Salaries. The mayor and council 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. (Amended 2023 Ord. 1009.)
Section 2.08. Investigation of City Affairs. The Council may make investigations into the affairs of the
City and the conduct of any City department, office or agency and for this purpose may subpoena
witnesses, administer oaths, take testimony, and require the production of evidence. The Council shall
provide for an audit of the City's accounts at least once a year by the state department in charge of
such work or by a certified public accountant. At any time the Council may provide for an examination
or audit of the City accounts of any City officer or agency, and it may provide for any survey or
research study of any subject of municipal concern.
CHAPTER 3: COUNCIL PROCEDURE
Section 3.01. Council Meetings. The Council shall meet regularly at least twice each month at such
times and places as the Council may designate by ordinance. The mayor or any two (2) members of
the Council may call special meetings of the Council upon at least twenty-four (24) 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 2023 Ord. 1009.)
Section 3.02. Liaison Function. Councilmembers shall be assigned as liaison to City departments.
Their assignments shall be rotated periodically and shall involve no administrative responsibility.
Section 3.03. Rules of Procedure and Quorum. Except as otherwise provided in this Charter, the
Council shall determine its own rules and order of business. A majority of all members shall constitute
a quorum to do business, but a smaller number may adjourn from time to time. The Council may by
rule provide means by which a minority may compel the attendance of absent members in accordance
with state law.
Section 3.04. Ordinances, Resolutions and Motions.
Subdivision 1. Except as otherwise provided in this Charter, state law or a more restrictive city
ordinance, an affirmative vote of three (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. 649; Amended 2023 Ord.
1009.)
Subdivision 2. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The
vote on all ordinances shall be by a roll call vote.
Subdivision 3. The general administrative business of the Council shall be conducted by resolution
or motion.
Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and
read in full before adoption, unless the reading is dispensed with by unanimous consent of the
Council. No ordinance shall contain more than one (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; Amended 2023 Ord. 1009.)
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 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 city
administrator, 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; Amended
2023 Ord. 1009.)
Section 3.07. Signing, and Publication of Ordinances.
Subdivision 1. Every ordinance adopted by the Council shall be signed by the mayor, and attested
to, filed and preserved by the city administrator. 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 passage, either in its complete form preceded by a summary of its contents or
as a title and summary. (Amended 2002 Ord. 700; Amended 2007 Ord. 790; Amended 2010 Ord. 841;
Amended 2023 Ord. 1009.)
Subdivision 2. The ordinance or the ordinance title and summary shall be published in a body type
no smaller than brevier or eight-point (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. (Amended 2023 Ord. 1009.)
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
city administrator. Prior to the publication of the title and summary, the Council shall approve the text
of the summary and determine that it clearly informs the public of the intent and effect of the
ordinance, and shall further state that the complete text of the ordinance is on file at the office of the
city 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
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;
Amended 2023 Ord. 1009.)
Section 3.08. Procedure on Resolutions. Every resolution shall be presented in writing and read in
full before adoption, unless the reading is dispensed with by unanimous consent of the Council.
Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency
ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every
other ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it
specifies unless challenged by a petition for referendum that is not deemed to be frivolous by the
Council. In the event of a petition for referendum that is not deemed to be frivolous, the Council must
suspend the effective date of the ordinance as specified in Section 5.07 of this Charter. (Amended by
Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
Section 3.10. Amendment and Repeal of Ordinances and Resolutions.
Subdivision 1. An ordinance or resolution which repeals all or part of a previous ordinance or
resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed in
whole or in part. No ordinance or resolution shall be amended by reference to the title alone, but an
ordinance or resolution which amends such ordinance or resolution shall set forth in full each section
or subdivision to be amended and shall indicate by appropriate type or symbols matter to be omitted
or added. Amendment or repeal of an ordinance shall require a majority vote of all the members of the
Council, unless otherwise provided in this Charter or by state law.
Subdivision 2. An ordinance or resolution passed under the initiative power 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. (Amended 2023 Ord. 1009.)
Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall
review, revise and rearrange its ordinance code and its resolution index with such additions and
deletions as may be deemed necessary by the Council at least once every two (2) 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 city administrator 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 (2) successive weeks that copies of the codification are available at the
office of the city administrator. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
CHAPTER 4: NOMINATION AND ELECTIONS
Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first
Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at
such places as the City Council shall designate. At least fifteen (15) days prior notice shall be given by
the city administrator by posting a notice thereof in at least one (1) public place in each election
precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating
the time and the places of holding such election and of the officers to be elected. Failure to give such
notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall
assume the duties of office to which they were elected on the first business day in January following
such election. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statutes section 205.13, subdivision la, as amended, an
affidavit of candidacy for a city office must be filed within the time frame specified and in accordance
with the statute with the exception that the fee portion of the statute shall be superseded by the
following: Any resident of the city 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 Minn. Stat. 205.13, Subd. 4,
as amended, to the city administrator, have their name placed on the municipal election ballot.
(Amended 1986 Ord. 404; Amended 1998 Ord. 435; Amended 2004 Ord. 736; Amended 2005 Ord.
759; Amended 2010 Ord. 841; Amended 2013 Ord. 878; Amended 2022 Ord. 994; Amended 2023
Ord. 1009.)
Subdivision 2. Severability. If any part of this section shall be declared unconstitutional by court, all
others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95)
Section 4.03. Procedure at Elections. Consistent with the provisions of this Charter and applicable
state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except
as otherwise provided by this Charter and supplementary ordinances, general state laws on elections
shall apply to municipal elections.
Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by
resolution order a special or advisory election and provide all means for holding it. At least fifteen (15)
days’ prior notice shall be given by the city administrator by posting a notice thereof in at least one (1)
public place in each election precinct, and by publishing a notice thereof at least once in the official
newspaper of the City stating the time and places of holding such election. Failure to give such notice
shall not invalidate such election. (Amended 2023 Ord. 1009.)
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 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 2022
Ord. 995; Amended 2022 Ord. 996.)
Subdivision 2. The city administrator shall give at least sixty (60) days’ published prior notice of the
date of the special election and such notice shall comply with all notice requirements under Minnesota
Statues, section 205.16, except as set forth under Subdivision 5 of this section. (Amended 2010 Ord.
841; Amended 2022 Ord. 996; Amended 2023 Ord. 1009.)
Subdivision 3. The procedure at such election and assumption of duties of elected officers following
such election shall conform as nearly as practicable to that prescribed for other municipal elections
under this Charter.
Subdivision 4. In the case of a vacancy where there remains less than 365 days in the unexpired
term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term.
In the case of a tie vote of the Council, the Mayor shall make said appointment.
Subdivision 5. When a vacancy in an elected municipal office occurs within 120 days prior to a
regular municipal election date, the special election to fill the vacancy shall coincide with the regular
election. If the vacancy occurs within sixty (60) days prior to the regular election date, the notice of
such vacancy shall be published as soon as is practicable. If within the 120-day period before a
regular municipal election, the vacancy occurs in the office of the mayor or in the office of either or
both of the council 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 two (2) council members, the seat shall be filled by the candidate for council
member with the third highest vote total, or, in the case of two (2) vacancies, the third and fourth
highest vote totals. Where two (2) vacancies exist, the candidate with the third highest total shall fill
the vacancy in the office having the longest unexpired term. Candidates filing a vacancy shall take
office at or before the next regularly scheduled Council meeting following election certification.
(Amended 2004 Ord. 748; Amended 2023 Ord. 1009.).
Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill
expiring or vacated municipal offices, the Council shall fill said offices by appointment until the next
regular municipal election. In the case of a tie vote of the Council, the mayor shall make said
appointment. (Amended 2023 Ord. 1009.)
CHAPTER 5: INITIATIVE, REFERENDUM AND RECALL
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 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 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;
Amended 2023 Ord. 1009.)
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 city and whose names and addresses must
appear on the petition as the sponsoring committee. A completed petition consists of one (1) 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,
respectively, to initiative, referendum and recall. The sponsoring committee may obtain a sample
petition from the city administrator. The city administrator shall provide the number of signatures for
petition 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 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 city and must sign and print their name and give their street address. The completed
petition shall be submitted to the city administrator for review. Any voter whose name appears on a
petition may withdraw their name by filing a statement in writing with the city administrator before the
city administrator 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 sponsoring committee or reviewed by the city
administrator 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; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
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 referendum require signatures numbering at least fifteen percent (15%)
of the total ballots cast for president in the most recent presidential election.
• Petitions for recall require signatures at least twenty-five percent (25%) of the total ballots cast for
president in the most recent presidential election.
If all requirements have been met, the city administrator 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 2007 Ord. 790; Amended 2010 Ord. 841;
Amended 2023 Ord. 1009.)
Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous,
the city administrator 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 city administrator
to the file the petition as frivolous and no further action shall be taken. If the city administrator
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 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 (21) calendar
days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9)
calendar days of receipt of the corrected completed petition, the city 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, the Council shall direct the city administrator to file
the petition as insufficient 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 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; Amended 2010
Ord. 841; Amended 2023 Ord. 1009.)
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 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 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; Amended 2023 Ord. 1009.)
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 filed in the city administrator's office prior to circulation and shall be valid for 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 180 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
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; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
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. (Amended by Ordinance 790, Adopted July 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 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 by majority vote, and file a statement with the city
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. (Amended 2007 Ord. 790; Amended 2010 Ord. 841; Amended 2023
Ord. 1009.)
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 (30) calendar days after adoption certification of the election results unless the ordinance
specifies a later effective date. If the majority does not vote in favor, the ordinance shall not be
enacted. (Amended by Ordinance 790, Adopted July 23,2007; Filed: 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 committee must file the completed
petition in the office of the city administrator 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 sponsoring
committee 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; Amended
2010 Ord. 841; Amended 2023 Ord. 1009.)
Section 5.08. Recall.
Subdivision 1. 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 official whose removal is sought, the grounds for recall, which shall be malfeasance or
misfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to
bring about the official's recall. The petition shall be filed in the city administrator's office prior to
circulation and shall be valid for 180 calendar days during which time a completed petition with
signatures must be filed. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
Subdivision 2. The city 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 a petition for recall is determined to be
frivolous, it is prohibited from being repeated within one (1) year 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 500 words. The city administrator 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 for one (1) 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. (Amended 2010 Ord. 841; Amended
2023 Ord. 1009.)
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 Minnesota Statutes, section 410.12, as amended. (Amended 2023 Ord. 1009.)
* 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 judgment based upon evidentiary facts of
some sort.
CHAPTER 6: ADMINISTRATION OF CITY AFFAIRS
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 city administrator. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
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 Council shall hire heads of departments, and such other and further officers and
personnel as may be required to operate the City efficiently. The Council shall determine the
qualifications thereof and prescribe the duties to be performed by each, except as otherwise
prescribed in this Charter. (Amended 2023 Ord. 1009.)
Subdivision 3. The head of departments and other officers designated by the Council shall report in
person to the Council and to the public at least once each quarter at a regularly scheduled Council
meeting.
Section 6.03. Duties of the City Administrator. The duties of the city administrator shall be specified
in Section 32.015 of City Code, as amended, and shall include those in Minnesota Statutes for city
clerk 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 city staff as needed. (Amended 2010 Ord. 841;
Amended 2023 Ord. 1009.)
Section 6.04. City Treasurer. The Council shall appoint a treasurer. This office shall be separate from
that of the city administrator and shall include those duties for treasurer in Minnesota Statutes unless
otherwise assigned in City Code. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
CHAPTER 7: TAXATION AND FINANCES
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 Minnesota Constitution, Minnesota Statutes, 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 city treasurer. (Amended 2023 Ord. 1009.)
Section 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year.
Section 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or
by state law, the Council shall have full power to provide by ordinance for a system of local taxation.
This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or
objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state
laws imposing restrictions upon the City irrespective of Charter provisions.
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 (4)
or more members of the Council.
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 (4)
members of the Council. The CPI shall be the twelve (12) month average of the most recently
published data for all urban consumers in the Minneapolis, Saint 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 (1) year after the decertification of a tax
increment financing district. (Amended 2006 Ord. 772; Amended 2022 Ord. 984; Amended 2023 Ord.
1009.)
Subdivision 2. The 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 a n 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 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; Amended 2023 Ord. 1009.)
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.
a) For the purposes of this Section, “fee” includes utility charges (other than water, sanitary sewer,
storm water and street light), recycling fees, franchise fees (for gas and electric) and shall also include
any other fee that produces a tax burden or direct financial obligation to a simple majority of property
owners and/or residents of Mounds View and not specifically excluded in Section 7.03, Subd. 3b.
(Amended by Ordinance 819, Adopted May 11,2009; Effective: August 19,2009.)
b) For the purposes of this Section, the term “fee” does not include: filing for office fee, park or
recreational participation fees, charges for photo-copying, sales of municipal liquor store products,
building and zoning permit or inspection and 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 state, county 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 code enforcement, and other goods, services or materials
routinely provided by the City that for those applicable, pursuant to Minnesota Statutes, the amount
charged shall reflect the actual cost. The term “fee” shall not include any special assessments made
under Minnesota Statutes Chapter 429, as amended. (Amended by 2006 Ord. 772; Amended 2009
Ord. 819; Amended 2023 Ord. 1009.)
c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase
in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee
base, and an extension of an expiring tax or fee, excluding the annual recertification of the utility
franchise fee. (Amended by Ordinance 819, Adopted May 11,2009; Effective: August 19, 2009.)
d) This Section does not apply to any specific emergency measure authorized in Chapter 7 Section
7.12. or MN Statute 475.754, as amended.
Subdivision 4. The City shall not levy to increase any fund reserve beyond fifty percent (50%) of an
average of that fund’s previous five (5) years of annual expenditures. The Council may raise a fund’s
reserve beyond fifty percent (50%) provided:
a) the Council designates by resolution and holds a public hearing reviewing the purpose of the
reserve increase 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, or
b). the Council modifies and adopts by resolution the five-year (5-year) financial plan, 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 tax increment financing shall not be included in the calculation of reserve limit. This
subdivision and section shall not limit or impair the City’s ability to create tax increment financing or
enter into development agreements specified by Minnesota Statutes, sections 469.174 to 469.1799,
as amended. This subdivision 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 section, designates by resolution the purpose of the reserve or adopts a modified five-
year (5-year) financial plan reflecting the reserve purpose. (Amended 2006 Ord. 772; Amended 2023
Ord. 1009.)
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.)
Section 7.04. Submission of Budget.
Subdivision 1. Annually, on or before September 15 of each year or as specified by Minnesota
Statutes, section 275.065, as amended, the city administrator shall submit to the Council the budget
estimates for funds levying property taxes for the ensuing fiscal year and an accompanying summary
message in accordance with a budget calendar to be established by resolution.
The 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 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 Chatter, 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. (Amended 2023 Ord. 1009.)
Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall show
income, expenditure, and anticipated net surplus or deficit with the proposed disposition method.
Subdivision 3. The city administrator ’s message shall explain the budget, both in fiscal terms and in
terms of the work programs, linking programs to goals of the City and community priorities. It shall
outline the proposed financial policies and programs of 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
Council. It shall describe the important features of the budget, indicate any major changes in financial
policies, expenditures, and revenues together with the reasons for such changes. It shall summarize
the City’s debt position for each fund, including factors affecting the ability to raise resources through
debt issues, and include such other material as the city administrator deems desirable or as requested
by the Council. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
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 City Council and Minnesota Statutes, section 275.065, as amended.
Activity Estimated Time Period
Five-Year Plan: Development Jan. 1 to May 1
Five-Year Plan: Public Review May 1 to May 20
Five-Year Plan: Council Approval July 15 to August 1
Annual Budget Calendar: Adopted by Council June 1
Five-Year Plan: Published to Public August 1 to August 15
Annual Budget: Public Input to Department June 1 to Sept 1
Annual Budget: City Administrator Develops
Summary and Estimate Proposal for Council Aug. 1 to Sept. 15
Annual Budget: Estimates Submitted to Council Sept. 15
Annual Budget: Proposal and Tax Levy Estimates
Council Adoption Sept. 15
Annual Budget: Council Review and Amend Sept. 15 to Nov 23
Annual Budget and Tax Levy: Proposal
Published to Public Sept. 15 to Dec. 1
Annual Budget and Tax Levy: Public Review Sept. 15 to Dec. 20
Annual Budget: Public Hearing Advertised Nov.
Annual Budget and Tax Levy: Initial Public Hearing Nov. 29 to Dec. 20
Annual Budget and Tax Levy: Council Adoption Dec. 5 to Dec. 20
Annual Budget and Tax Levy: Final Council
Budget Summary Published to Public Dec. 20 to Feb. 1
(Amended 2023 Ord. 1009; Amended 2024 Ord. 1017.)
Section 7.05. Five-Year Financial Plan.
Subdivision 1. The Council shall have prepared a five-year (5-year) financial plan commencing with
the ensuing calendar year. The 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-year) financial plan, with or without amendment, by August 1 of each year. The
financial plan shall consist of at least the following three (3) elements as specified in subdivisions 2
through 4 which follow: (Amended 2009 Ord. 839; Amended 2023 Ord. 1009; Amended 2024 Ord.
1017.)
Subdivision 2. The capital improvement program shall contain a list of all capital improvements
proposed to be undertaken during the next five (5) 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 five-year (5-year) revenue and expense estimate shall contain a tentative revenue
policy that describes five-year (5-year) 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 capital budget shall be a summary on the basis of a five-year (5-year) period of
the capital or money requirements for the above described programs. It shall list a priority for each
anticipated investment in community facilities and balance this with a consideration of the availability
of necessary revenues.
Subdivision 5. A summary of the five year (5-year) financial plan shall be published on or by August
15 each year in the official City newspaper, the City newsletter, and, if available, the City web-site.
(Amended 2009 Ord. 839; Amended 2023 Ord. 1009; Amended 2024 Ord. 1017.)
Section 7.06. Council Action on Budget.
Subdivision 1. The Council shall annually adopt a budget calendar by June 1. 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 Council, and Minnesota 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 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 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 city administrator shall certify the tax resolution to the county
auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations
at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named.
(Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
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 newsletter, and, if available, the City web-site.
Such summary should be readily understandable by the layperson, and should provide appropriate
supporting information as to the necessity for any increase in the budget over the total for the current
fiscal year. Failure to provide the specified summary will not invalidate the budget.
The final budget will be published in accordance with Minnesota statutes on truth in taxation or no
later than sixty (60) days after adoption by the Council in the official City newspaper, the City
newsletter and, if available, the City web-site. (Amended 2023 Ord. 1009.)
Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal year, the
preceding months fiscal year budget shall go into effect for up to thirty-one (31) days or until the
Council adopts a budget.
Section 7.07. Enforcement of the Budget. The city administrator may designate department heads or
other staff who may assist with each fund or department in the annual budget. It shall be the duty of
the city administrator to strictly enforce the detail provisions of the budget. The Council shall strictly
enforce the provisions of the budget. The 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 Council, the Charter, the City Code, and
Minnesota statutes. Any obligation incurred by any person in the employ of the City for any purpose
not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be
a personal obligation upon the person incurring the obligation. No check shall be issued or transfer
made to any account other than one owned by the City until the claim to which it relates has been
supported by an itemized bill, payroll, or time sheet or other document approved and signed by the
responsible City officer who vouches for its correctness and reasonableness. (Amended 2010 Ord.
841; Amended 2023 Ord. 1009.)
Section 7.08. Alterations in the Budget. After the budget resolution has been adopted, the Council
may amend the budget by resolution, but shall not increase the amounts fixed in the resolution beyond
the sum of estimated receipts and reserves, except to the extent that actual receipts exceed the
estimate or to implement Section 7.12 herein. At any time the Council may by resolution reduce the
sums appropriated for any purpose, to increase reserves or authorize the transfer of sums from
unencumbered balances in the budget.
Section 7.09. Funds. There shall be maintained in the City treasury a general fund and such other
funds as may be required by state law, ordinance, or resolution. The Council may, by resolution or
ordinance, make inter-fund loans, except from trust and agency funds, as it may deem necessary and
appropriate.
Section 7.10. City Indebtedness. (Amended 2007 Ord. 782; Amended 2023 Ord. 1009.)
Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation shall be issued to pay
current expenses, but the Council may issue and sell obligations for any other municipal purpose in
accordance with state law and within the limitations prescribed by law. All such obligations shall be
issued and sold only with the approval of the majority of the voters voting on the question at a general
or special election, except in the case of obligations for which an election is exempted by this Charter
or by state law.
Subdivision 2. A description of each such proposed issue shall be published in the official City
newspaper, and, if available the City newsletter and the City web-site, but failure to give such
description, or any defect in the description, shall not invalidate the issue. (Amended 2023 Ord. 1009.)
Section 7.11. Anticipation Certificates. At any time after January 1, in accordance with Minnesota
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 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 1 of the year following their issuance. The
proceeds of the tax levied and such state or federal aids as the governing body may have allocated for
the fund against which tax anticipation certificates are issued, and the full faith and credit of the City
shall be irrevocably pledged for the redemption of the certificates. (Amended 2023 Ord. 1009.)
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 (10%) 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 (3) members of the Council. It may be passed as an emergency
ordinance. (Amended 2023 Ord. 1009.)
8: PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of
public improvement not forbidden by law and levy special assessments to pay all or any part of the
cost of such improvements as are of a local character. The total assessments for any local
improvement may not exceed the cost of the improvement, including all costs and expenses
connected therewith, with interest. No assessment shall exceed the benefits to the property.
Section 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall
mean a public improvement financed partly or wholly from special assessments) shall be carried out
exclusively under the provisions of this Charter.
Section 8.03. Local Improvement Ordinances and Regulations. Within ninety (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 districts, 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. (Amended 2023 Ord. 1009.)
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’ (4/5ths’) 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 newsletter and published twice at least
one (1) week apart in the official newspaper of the City no less than two (2) weeks 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 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 (60-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 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. (Amended 2023 Ord. 1009.)
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
mayor 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. (Amended 2023 Ord. 1009.)
Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the
Council may proceed at anytime between sixty (60) days and one (1) 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 (10%). (Amended 2023 Ord. 1009.)
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 (1) year after the public hearing
on said improvement. (Amended 2023 Ord. 1009.)
Section 8.05. Assessments for Services. The Council may provide by ordinance that the cost of City
services to streets, sidewalks, or other public or private property may be assessed against property
benefited and may be collected in the same manner as special assessments. Such costs shall not be
deemed to be “special assessments” for the purposes set forth in Section 8.03 of this .
Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City to
certify unpaid property-based administrative offense penalties by certification to property taxes.
Collection of administrative offense 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 thirty (30)
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 Council
or a neutral third party as specified in City Code.
Administrative offense 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; Amended 2023 Ord.
1009.)
9: EMINENT DOMAIN
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 Statutes, chapter 117, as amended, or other applicable items.
(Amended 2004 Ord. 749; Amended 2023 Ord. 1009.)
CHAPTER 10: FRANCHISES
Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place
or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public
place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor
from the City. A franchise shall be granted only by ordinance, which shall not be an emergency
ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the
voters of the City following a public hearing and approved by at least a majority of those voting
thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the
franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a
sufficient deposit with the City Administrator to guarantee publication before the ordinance is passed.
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. (Amended 2023 Ord.
1009.)
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 newsletter and in the
official newspaper not less than ten (10) days prior to the date of the hearing. (Amended 2023 Ord.
1009.)
Section 10.04. Power of Regulation Reserved. Subject to any applicable state law, the Council may
by ordinance reasonably regulate and control the exercise of any franchise, including the maximum
rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the
valuation of the grantee’s property in regulating utility rates, fares, or prices under any applicable state
or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee’s property by
purchase or eminent domain.
Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any existing
franchise, or of any franchise granted thereafter, shall be subject to the same limitations and shall be
granted in the same manner as a new franchise.
CHAPTER 11: PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
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 Council. (Amended 2023 Ord. 1009.)
Section 11.02. Rates and Finances. The Council may by ordinance fix rates, fares and prices for
municipal utilities, but such rates, fares and prices shall be just and reasonable. The Council shall
endeavor to make each municipal utility financially self-sustaining. Before any rates, fares or prices for
municipal utilities shall be fixed by the Council, the Council shall hold a public hearing on the matter in
accordance with Section 11.06 of this chapter. The Council shall prescribe the time and the manner in
which payments for all such utility services shall be made, and may make such other regulations as
may be necessary, and the penalties for violations of such regulations.
Section 11.03. Purchase in Bulk. The Council may in lieu of providing for the local production of gas,
electric, water and other utilities, purchase the same in bulk and resell them to local consumers at
such rates as it may fix. Before such rates are fixed by the Council, the Council shall hold a public
hearing on the matter in accordance with Section 11.06 of this chapter.
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 years. (Amended
2023 Ord. 1009.)
Section 11.05. Public Utility, How Sold. No public utility owned by the City shall be sold or otherwise
disposed of by the City unless the full terms of the proposition of said sale or other disposition thereof,
together with the price to be paid therefor, shall be embodied in an ordinance approved by a majority
of the registered voters voting thereon at a general or special election. Before such ordinance is
submitted to a vote, the Council shall hold a public hearing on the matter in accordance with Section
11.06 of this chapter.
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 newsletter at least ten (10) 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. (Amended 2023 Ord. 1009.)
CHAPTER 12: MISCELLANEOUS AND TRANSITORY PROVISIONS
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, and this Charter, to
be so published, and any other matters the Council may deem it in the public interest to have
published in this manner. (Amended 2007 Ord. 799; Amended 2023 Ord. 1009.)
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 (mayor, council member, city administrator, etc.) of the City of Mounds
View to the best of my judgment and ability.” (Amended 2023 Ord. 1009.)
Section 12.03. City Officers not to be Interested in Contracts. Except as otherwise permitted by state
law, no officer of the City, who is authorized to take part in any manner in any contract with the City,
shall voluntarily have a personal financial interest in such contract or personally benefit financially
therefrom.
Section 12.04. Official Bonds. The city administrator, the city treasurer, 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 City
Attorney, and filed with the city administrator. The premiums on the bonds shall be paid by the City.
(Amended 2023 Ord. 1009.)
Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by
ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any
outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or
other property used for the same public purpose. If there is no such outstanding indebtedness, the
Council may by resolution designate some other public use for the proceeds.
Section 12.06. Vacation of Streets. The Council may by ordinance vacate any street or alley or other
public grounds or part thereof within the City. Such vacation may be made only after published notice
in the official newspaper and an opportunity for affected property owner and public to be heard, and
upon such further terms and by such procedure as the Council by ordinance may prescribe. A notice
of completion of such procedure shall be filed in accordance with law.
Section 12.07. Statutes not Affected by Charter. All general laws and statutes of the state applicable
to all cities operating under home rule charters, or applicable to cities of the same class as the City of
Mounds View operating under home rule charters, and not inconsistent with the provisions of this
Charter, shall apply to the City, and shall be construed as supplementary to the provisions of this
Charter. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.)
Section 12.08. City to Succeed to Rights and Obligations of Former Charter. The City shall succeed
to all the property, rights, and privileges, and shall be subject to all legal obligations of the City under
the former Charter.
Section 12.09. Existing Ordinances and Resolutions Continued. All ordinances, resolutions and
regulations of the municipality in force when this Charter takes effect, and not inconsistent with the
provisions thereof, are hereby continued in lull force and effect until amended or repealed.
Section 12.10. Officers to Continue for Present Terms. All elective and appointive officers of the City
holding office on the effective date of this Charter shall continue in office for the terms to which they
were elected or appointed, and until their successors shall have been elected or appointed and have
qualified.
Section 12.11. Pending Condemnations and Assessments. Any condemnation or assessment
proceeding in progress when this Charter takes effect shall be continued and completed under the
laws under which such proceeding was begun. All assessments made by the municipality prior to the
time when this Charter takes effect shall be collected, and the lien thereon enforced in the same
manner as if this Charter had not been adopted.
Section 12.12. Ordinances to Make Charter Effective. The Council shall by ordinance, resolution, or
other appropriate action make such regulations as may be necessary to carry out and make effective
the provisions of this Charter.
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 within the city 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; Amended 2023 Ord. 1009.)
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 state
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; Amended 2023 Ord. 1009.)
Section 12.15. This Charter becomes effective January 1, 1980, or thirty (30) days after adoption,
whichever conies later. (Amended 2023 Ord. 1009.)
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 Ord. 1008; Amended 2023 Ord. 1009.)
Section 12.17. 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.
(Approved at election 11-5-2024)
APPENDIX A: TIMELINE FOR A BALLOT ISSUE RELATED
TO INITIATIVE, REFERENDUM OR RECALL
Revision Date 7/21/2007
APPENDIX B: INITIATIVE PROCESS FLOW DIAGRAM
Revision Date 7/12/2007
APPENDIX C: REFERENDUM PROCESS FLOW DIAGRAM
Revision Date 7/12/2007
APPENDIX D: ADOPTION OF ORDINANCE WITH ALLOWANCE
FOR CITIZEN REFERENDUM - TIMELINE
Revision Date 7/12/2007
APPENDIX E: RECALL PROCESS FLOW DIAGRAM
Revision Date 7/12/2007