Loading...
HomeMy WebLinkAboutOrdinance 1050 - 2026/02/23ORDINANCE NO. 1050 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE CITY OF MOUNDS VIEW CHARTER BY REVISING LANGUAGE RELATED TO MAKING APPOINTMENTS TO FILL VACANCIES IN 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 Chapters 2 and 4 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 February 9, 2026, 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. Chapter 2 of the Mounds View City Charter is hereby amended by removing, or adding the double -underlined language as follows: 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 and follow the appointment process in Chanter 4, Section 4.05. 2.02. Chapter 4 of the Mounds View City Charter is hereby amended by removing Section 4.05 in its entirety and replacing it with the following: Ordinance No. 1050 Page 2 Section 4.05 Vacancy in Municipal Elected Office: Subdivision 1. Vacancy and 365 days or more remain in the term. The following process shall be followed when addressing a vacancy, as defined in Chapter 2, Section 2.05 or other applicable law, in an elected office of the City that occurs with 365 days or more remaining in the term of the vacated office: A) A special election shall be called at the next uniform election date specified in Minnesota Statutes, section 205.10, subd. 3a, as amended, for which all legal requirements for special elections can be met by the City. B) The City Council shall appoint an individual following the appointment process in this Section 4.05 to fill the vacancy until a successor is elected and qualifies. Subdivision 2. Vacancy and less than 365 days remain in the term. The following process shall be followed when addressing a vacancy, as defined in Chapter 2, Section 2.05 or other applicable law, in an elected office of the City that occurs with less than 365 days remaining in the term of the vacated office: A) The City Council shall appoint an individual following the appointment process in this Section 4.05 to fill the vacancy for the remainder of the unexpired term and until the election and qualification of a successor. Subdivision 3. Appointment If, pursuant to subdivisions 1 or 2, the City Council may appoint an individual to fill a vacancy, the following process must be used: A) A majority of the members of the council voting on the resolution declares a vacancy via resolution. B) Within thirty (30) days of the date the vacancy is declared, the city administrator shall present an individual from the list in Subdivision 3.(D) to the City Council for appointment using the process described in this Subdivision 3. C) The City Administrator will provide written notice of the vacancy to the individuals in the list provided in Subdivision 3. D) The written notice shall request a written response to the question of whether the individual is willing to be appointed to the vacancy. Individuals on the list will have a maximum of twenty (20) days to provide such written response. The City Administrator may present an individual for appointment prior to the expiration of the twenty -day period if: i) the first person on the list confirms they are willing to serve and qualifies; or ii) any person on the list provides an affirmative response and each person prioritized higher on the list declines appointment or is not qualified. After the twenty -day response period, the City Administrator will present the listed person with the highest priority who has responded that they are willing to serve and qualifies for appointment, regardless of Ordinance No. 1050 Page 3 not receiving responses from others on the list. If no person accepts or is qualified and less than 365 days remain in the vacant term, then the council may make an appointment at their discretion for the remainder of the vacant term. E) The following is the list of individuals that may be presented for appointment to fill a vacancy in order of the priority listed below: i. Chair of the Mounds View Charter Commission ii. Vice Chair of the Mounds View Charter Commission iii. Chair of the Mounds View Planning Commission iv. Chair of the Mounds View Parks, Recreation, and Forestry Commission v. Vice Chair of the Mounds View Planning Commission vi. Vice Chair of the Mounds View Parks, Recreation, and Forestry Commission F) A majority of members of the City Council voting on the appointment are necessary to make the appointment. If there is a tie vote, the Mayor shall make the appointment of the individual presented to the City Council for appointment. G) A person appointed under this Section 4.05 is not required to vacate their commission seat but will be excused from all meetings and may not participate in the commission until they are no longer serving as a member of the City Council. Being appointed to serve as a member of the Council and maintaining a seat on a commission does not violate Section 2.04 regarding incompatible offices. Subdivision 4. Vacancy in the Office of the Mayor. If the vacancy is in the office of the Mayor, the individual appointed pursuant to Subdivision 3 shall assume the duties of the Mayor as described in this Charter and Minnesota Statutes, as amended, except for the following duties which shall be performed by the individual designated as the Acting Mayor: A) Presiding at meetings of the Council. B) The duties described in Section 2.06, subdivision 2. Subdivision 5. Special Election to Fill Vacancy. A) 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 Statutes, section 205.16, as amended. B) 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. Ordinance No. 1050 Page 4 2.03. 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. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Ramsey County Recorder, and the City Clerk's office together with the certificate required by section 410.11 of the Act. Section 3. Ordinance Summary. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On February 23, 2026, the City Council adopted Ordinance No. 1050 amending the City of Mounds View Charter by revising language related to making appointments to fill vacancies in elected office. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's web site located at www.moundsviewmn.org. First Reading: February 9, 2026 Second Reading: February 23, 2026 Date of Publication: February 26, 2026 Date Ordinance Takes Effect: March 28, 2026 ach Lindstrom Mayor Attest: AA 4 t Nyl Zik nd, Cit Administrator (SEAL) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY I, Kayla Tsuchiya, being duly sworn on oath, says: that she is, and during all times herein state has been, Inside Sales Representative of Northwest Publication, LLC., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of General circulation within the City of St. Paul and the surrounding Counties of Minnesota and Wisconsin including Ramsey and Kanabec. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 2/26/2026 Newspaper Ref./AD Number#: 33452 Client/Advertiser: CITY OF MOUNDS VIEW - LEGALS AFFIANT SIGNATURE Subscribed and sworn to before me this 2/27/2026 True Lee NOTARY PUBLIC Ramsey County, MN My commission expires January 31, 2030 P aJ e 1 o f 1