2003-08-13 MinutesRICHFIELD CHARTER COMMISSION
Meeting Minutes for
Wednesday August 13, 2003
Call to Order:
President John Easterwood called the commission to order at 6:30pm in the Executive Conference Room
of the Richfield City Hall.
RoII Call:
Present: Richard Morey, Amy Zabransky, Mike Sandahl, Kristal Stokes,
Gordon Herboldt, Bill Bullock, John Easterwood, Arnie Auchstetter, Tom Ulmer, Ruth Jensen, Sidney
Rehwaldt __
Absent: Joe Novak Jan Anderson and Edwina Garcia
Excused: Edward Thom
E T :Woody Duvlea and City of Richfield Attorney Corrine Thomson
Aooroval of meeting minutes:
Mike Sandahl made a motion to approve the meeting minutes from Thursday January 14, 2003. Tom
Ulmer seconded the motion and all voted in favor.
Review of work on Proposed changes to the Gity ha r:
President John Easterwood reviewed the history of why we are reviewing the by law revisions. The
proposed changes will need approval by the city council. It was suggested that the changes would be
proposed to the City Council in November.
Report on Committees -NO reports were available at this meeting.
New Business- Discussion of and voting on proposed ordinance changes of the Richfield City Charter.
Ms. Corrine Thomson, Richfield City Attorney, was present to assist with the discussion. President
Easterwood proposed that the committee review the amendments in the order in which the packet was
put together.
A. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 6.01 OF THE
RICHFIELD CITY CHARTER; REMOVING RESIDENCY REQUIREMENT FOR CITY MANAGER.
Amending section 6.01 of the Richfield city charter: Removing residency requirement for City
Manager. 2.02 Section 6.01 The City Manager. The City Manger shall be the chief executive
and head of the administrative branch of the city government and shall be chosen by the
Council solely on the basis of training, experience, and administrative qualifications. jF
f:ei~Ure--6~~.~rtEe, H..~~ •.! .,~rM:., *He r~r.,
Discussion by Charter Commission:
Tom U/mer made .the motion to make the above changes so that the Richfie/d Charter is in
comp/lance with state /aw. Bi// Bu//ock seconded the motion. A ro// ca// vote was taken. A//
e/even members who were present voted to accept the changes. Motion was passed
B. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 2.03 AND
3.01 OF THE RICHFIELD CITY CHARTER
Recommendation that sections 2.03 & 3.01 of the Richfield city Charter are amended to read as
follows: Section 2.03. Elective Officers. The Council s#ag-fie is composed of a Mayor and four
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Minutes of Meeting for August 13, 2003
2
Council Members, all of whom s#al-I must be registered voters. The offices of Mayor and at-
large Council Member l• must be filled by election at large. The offices of the three district
Council Members sal must be elected from apportioned Council districts in which they reside.
The Mayor and the Council Members shall each be elected to a four-year term with Mayor and
the Council Member at-large in 1994 and each succeeding four years and the district Council
Members elected in 1992 and succeeding four years. The regular term of an office commences
e+~ at the first regular or special council meeting in January ~- next following the general election
at which balloting for the full term of office occurs, and office holders 1 must serve until
their-successors are elected and qualified: - A-candidate=for--the office-=of-district=Council Member
must reside while seeking election and while serving in office within the district from which he
or she is elected....
2.03 Section 3.01 of the Richfield City Charter is amend to read as follows: Section 3.01 Council
Meetings. ,
Newly elected members of the Council sal will assume their duties at the first reaular or special
meetin of the Council in lanuarv followinu a reaular municipal election. Thereafter, the Council
l will meet at suEh the times each month as ^~^•• "° ^`°`~`'"°`' established by ordinance or
resolution. The Mayor or any two members of the Council may call special meetings of the Council
upon at least twelve hours notice to each member of the Council. ~# The notice sal must be
delivered personally to each member or be left at the Member's usual place of residence with some
responsible person. "'mil-~ ^~~ Meetings of the Council s#~afl-be are public, except as otherwise
permitted or required by law. ^^~' ^^•• ~'*'~°^ `"^" "^•~° ^"`°" *^ Anv person may inspect the
minutes and records ~eree€ of the meetings at afl reasonable times.
Discussion by Charter Commission:
Gordon Herbo/dt made the motion to make the above changes upon recommendation from the
city staff. Previous/y the /anguage under 3.01 requires that the counci/ have aspecia/meeting
as the term ofo~ces commence on the Ist of,/anuary. The changes avoid the need to have a
"specia/° meeting../ohn Easterwood introduced an issue raised by Russ Susag who was not ab/e
to attend this portion of the meeting. There is no /anguage in this part of the City Charter
requiring the mayor and at-large counci/member to be residents of the City at during their
campaign for election. This issue wi// be brought up at a meeting in November Krista/Stokes
seconded the motion and a ro// ca// vote was taken. A//eleven members who were present
voted to accept the changes. Motion was passed
B. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING
SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER
Section. 2 Adoption: effective date: filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. Section 3.05 of the Richfield City Charter is amended to read as follows:
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Minutes of Meeting for August 13, 2003
3
Section 3.05. Procedure on Ordinances. The enacting clause of all
ordinances X44 must be in the words "City of Richfield does ordain." Every
ordinance s must be presented in writing. "' ^~~"°°^°° °~''°^* "' °"^°'^e"cr
Except
for an emergency ordinance every ordinance must be introduced at a meeting that
occurs no less than fourteen (14) days before the meeting at which the ordinance is
finallypassed."
- 2.03. -Section-4.0.7-of the, Richfield :City Charter is.:amencl~d to r-ead-as-follows:
Section 4.07. Canvass of Elections. The Council l must:meet and
canvass the election returns at the next regular or special Council meeting
immediately following any regular, primary or special election but in no event
later than the time prescribed by state law, and ~I~
must make full declaration of the results as soon as possible, and file a
statement thereof with the City Clerk. This statement must include: (a) the
total number of good ballots cast; (b) the total number of spoiled or defective
ballots; (c) the true vote for each candidate, with an indication of those who were
elected or nominated; (d) a true copy of the ballots used; (e) the names of the
judges and clerks of election; and (f) such other information as may seem
pertinent. The City Clerk I• must forthwith notify all persons elected or
nominated of their election or nomination. In case of a tie vote, the Council ~s#afl
must determine the result by lot. The City Clerk ~#aN-be is the final custodian of
the ballots.
2.04. Section 6.02, subdivision 3 of the Richfield City Charter is amended to read as follows:
Subd. 3. The City Manager shall appoint and remove, upon the basis of merit and
fitness and subject to applicable civil service provisions, if any, the City Clerk, all heads of
departments and all subordinate officers and employees in the departments. The Director of
Public Safety, having administrative and supervisory control over the police and #-ife other non-
civii-service divisions of the Department of Public Safety, is not under the jurisdiction of the
police and fire civil service commission of the City. Appointment or removal of department
heads shall be made final only upon a majority vote of the Council.
2.05. 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 51% of the voters voting on the question of its
adoption at the special election called by the Council for that purpose.
2.06. 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 Hennepin
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Minutes of Meeting for August 13, 2003
4
County Recorder, and the City Clerk's office together with the certificate required by Section
410.11 of the Act.
Discussion by Charter Commission:
Mike Sandah/ made a motion to make the above changes. Arnie Auchstetter seconded the
motion and a ro// ca// vote was taken. AU eleven members who were present voted to accept
the changes. Motion ap ssed
D. AN ORDINANCE RELATING TO CITY GOVERNMENT; REPEALING SECTIONS 8.04 AND
8.05 OF THE RICHFIELD CITY CHARTER; RELATING TO REQUIREMENTS FOR CERTAIN CAPITAL
IMPROVEMENT PROJECTS THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background- findings: authority.
1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the
Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of an Amendment to
repeal Sections 8.04 and 8.05 of the charter and has recommended to the City Council that the
Amendment be adopted by City Council 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 __________________ by the City Council
after two weeks' published notice containing the text of the Amendment as required by the Act.
The notice contained a brief description of the nature and scope of the Amendment. All
persons desiring to be heard with reference to the Amendment were heard at the public
hearing.
1.04. The 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: filina.
2.01. The Amendment as proposed by the Charter Commission is adopted.
2.02 Chapter 8 of the Richfield City Charter is amended by repealing Sections 8.04 and 8.05
of that chapter.
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 51% of the voters voting on the question of its
adoption at the special election called by the Council for that purpose.
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Minutes of Meeting for August 13, 2003
5
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 Hennepin
County Recorder, and the City Clerk's office together with the certificate required by Section
410.1 1 of the Act.
Passed by the City Council of the City of Richfield, Minnesota this ____ day of
.2003.
Discussion by Charter Commission:
Mike Samdah/ made a motion far the above changes to be made to the Richfie/d Charter. Krista/ Stokes
seconded the motion. President john Easterwood summarized the changes. Richard Morey, who was part
of the sub-committee that formu/ated this part of the charter when it was added a few years ago, offered
perspective on the ear/ier discussions. The. commission discussed severs! aspects of these two antic%s of
the Charter. As these antic%s of the charter now stand, they present some prob/ems with timelines with
respect to funding and gaining the maximum advantage in the bidding process. At times, de/ay is not cost
effective. The do//ar amounts in these two antic%s are not realistic at present. Pub/ic hearings are he/d in
connection with the annua/budget, in which budget process capita/ projects covered by these two antic%s
are inc/uded. There are a number of opportunities for pub/ic comment on capita/ projects, to inc/ude
regular review of the Capita/ /mprovement P/an (C/P) and Capita/ /mprovement Budget(C/B) by both the
P/arming Commission and the Community Services Commission, The C/P and C/B are five year p/arming
too/s. /n light of these practices, these Charter antic%s appear to be redundant. A roll ca// vote was taken.
Ten of the a%ven members voted to accept the changes, one member abstained.. Motion was vassed
E. AN ORDINANCE RELATING TO CITY GOVERNMENT;
MODIFYING AND CLARIFYING PROCEDURES FOR INITIATIVE,
REFERENDUM AND RECALL; ESTABLISHING PENALTIES FOR
SPECIFIED ELECTION MISCONDUCT; AMENDING SECTIONS 5.01,
5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.11, 5.12, 5.14, 5.15, 5.16, 5.17,
5.18, 5.19, AND 5.20 OF THE RICHFIELD CITY CHARTER; ADDING
A NEW SECTION 5.22 TO THE RICHFIELD CITY CHARTER THE
CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background• findings' authority.
1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution
of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of certain Amendments to Chapter
5 of the charter and has recommended to the City Council that the Amendments be adopted by City
Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act.
1.03. A public hearing on the Amendments was held on __________________ by the City Council after two
weeks' published notice containing the text of the Amendments as required by the Act. The notice
contained a brief description of the nature and scope of the Amendments. All persons desiring to be
heard with reference to the Amendments were heard at the public hearing.
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Minutes of Meeting for August 73, 2003
6
1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that
the Amendments be adopted.
Section. 2 Adoption• effective date: filina.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. Section 5.01 of the Richfield City Charter is amended to read as follows:
Section 5.01. Powers Reserved by the People. The people of Richfield reserve to
themselves the powers of initiative referendum and recall, to be exercised, in accordance
with the provisions of this Charter,
_ _. .the ' ' _ ,
•t• +• F ,~ .~ ,~~ ^^*~"^~~~ Initiative is the process for voters to
propose and adopt an ordinance Referendum is the process to require an ordinance
passed by the council to be referred to the voters for approval or disapproval. Recall is
the process for removing an elected public official from office. Initiative and referendum
may not be used with an ordinance that appropriates monev authorizes the lew
of taxes or involves land use or zoning.
2.03. Section 5.02 of the Richfield City Charter is repealed.
2.04. Section 5.04 of the Richfield City Charter is amended to read as follows:
Section 5.04. Initiation of Measures. Any #i~e 25 residents of the City
who are registered voters may form themselves into a sponsoring committee for
the initiation of a+ay s
+" *"° ~°~^• ^{ *~~ _ an ordinance as permitted by section 5.01 of this
Charter. Before circulating any petition t:k-e~-sh~a~4 the committee must file an
affidavit and its proposed petition
with the City Clerk; The affidavit must state that a committee has been formed.
must contain, * *"°~ •~~~+" *"°'~ the names and addresses a~ of the committee
members ^F ~''" ''^""^'"""°° and must be signed by each member of the
committee whose signatures must be verified by a notary public. They i• The
committee must also attach a verified copy of the proposed ordinance to each of
the signature papers herein described, together with the committee
members' names and addresses as sponsors t#efes€. The ordinance must relate
to only one subject which is clearly_expressed in the petition. Every circulator of
a signature paper must be a resident of the state of Minnesota.
2.05. Section 5.05 of the Richfield City Charter is amended to read as follows:
Section 5.05. Form of Petition and of Signature Papers. The petition for the
adoption of any ordinance ~#a1f must consist of the ordinance, together with all the
signature papers and affidavits a attached. SuE# A petition is not be complete
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Minutes of Meeting for August 13, 2003
7
unless signed by a number of registered voters equal to at least #ive fifteen percent 15%
of the total number of registered voters at the time of the last regular municipal election.
All the signatures need not be on one signature paper, but the circulator of every suEk~
sianature paper l must make an affidavit that each signature appended to the paper is
the genuine signature of the person whose name it purports to be. Each signature paper
E must be in substantially the following form:
INITIATIVE PETITION
Proposing an ordinance to ~__~_-_~_~______~_~_~__ (Stating the Purpose of the
Ordinance). A certified a copy of w1a+E# the proposed. ordinance is k-erete attached.
Sponsoring Committee
This ordinance is sponsored by the following committee of City of Richfield residents who are
registered voters:
Name
Address
1.
2.
Ilistinq all members of the committee]
Instructions to Petition Signers
You are being asked to Sian a petition You must be a resident of, and a reaistered voter
in the City of Richfield Everv person sianina this petition must do so in the presence of
the person circulatina the petition It is a criminal offense to Sian a name other than vour
own to the petition or to accept compensation for signing vour name to the petition.
The undersigned registered voters, understanding the terms and nature of the ordinance
attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the voters for
their approval.
Date Legal Signature Name (print leaibly) Address (print leaibly)
1.
2.
3.
(~« «~ .~ c «~ ~• c ..« ~a~u ~e ...+ea «~The affidavit of the circulator,,,~a
abeve must be attached at the end of each signature paper.)
2.06. Section 5.06 of the Richfield City Charter is amended to read as follows:
• Section 5.06. Filing of Petition and Action Thereon. All the signature papers shal4 must be filed
in the office of the City Clerk as one instrument. Within f+ve~l ten (10) working days after the filing of that
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
8
petition, the City Clerk 4 must ascertain by examination, the number of registered voters in the Citv whose
signatures are aqp ~a~ attached and whether this number is at least #ive fifteen percent (§9b-15% of
the total number of registered voters at the time of the last regular municipal election. The validity of the
sianatures must be judged as of the day the petition was filed. If the City Clerk finds the petition +s-€eu~ad to
be insufficient or irregular, the City Clerk sball must at once notify one or more of the sponsoring committee
of that fact, certifying the reasons for the finding. The committee shall then be given thirty (30) days in which
to file additional signature papers and to correct the petition in all other particulars. If at the end of that
period the petition is found to be still insufficient or irregular, `* °"^" "° fi'°~' "•• the City Clerk shall file the
etp ition in the City Clerk's office and noti each member of the committee sk+all~e-neH#ied of that fact by-t#e
Ei~-C-4erk. The final finding of the insufficiency or irregularity of a petition s#alf does not prejudice the filing
of a newpetition for the same purpose, nor_s#a-1 does it prevent the Council from referring theordinance to
the voters at the next regular or special election at its option.
2.07. Section 5.07 of the Richfield City Charter is amended to read as follows:
Section 5.07. Action of Council on Petition. When the petition is found to be sufficient, the City
Clerk shalt must so certify to the Council at its next meeting, stating the number of wieners valid
sianatures on the petition and the percentage of the total number of registered voters at the time of the last
reaular municipal election which they constitute,, ^--~,~be. The Council shall at once read the ordinance and
may refer it to an appropriate committee. The committee or Council must hold
a public bearings hearin upon the ordinanc ,
After the public hearing, but not later than sixty-five (65) days after the City Clerk
a^•° „~~~ •~~"''" '+ •.,°° submitted the ordinance to the Council "•• ~"°''"••'''°~~ the Council must take final
action on the ordinance. If the Council fails to pass the proposed ordinance, or passes it in a form different
from that. set forth in the petition and unsatisfactory to the sponsors, the proposed ordinance shall` must be
submitted by the Council to a vote at the next regular municipal election, but if the
of number of valid signatures on the petition is equal to at least #+€teer} twenty percent (~-5-96 20% of the total
number of registered voters at the time of the last regular municipal election, the Council shall must call a
special election upon the measure. Such special election shall must be held not less than dirty--(~9) fib
50 nor more than ;^~*•,~,--ft•:e~; sixty-five (65) days from date of final action on the ordinance by the
Council or if there has been no final action. from after the expiration of sixty-five (65) days from the date
of submission to the Council " .. ~~_. _ "^_ ~^^~ ~^ `~~n; but if a regular election is to occur within
three months, the Council nay must submit the ordinance at that election. If the Council passes the
proposed ordinance with amendments and at least four-fifths (4/5) of the sponsoring committee do not
express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten
(10) days of the passage thereof by the Council, the ordinance need not be submitted to the voters.
2.08. Section 5.08 of the Richfield City Charter is amended to read as follows:
Section 5.08. Initiative Ballots. The ballots used when voting upon any such proposed
ordinance shall must state the substance of the ordinance and shall must give the voters the
opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the votes on any
such ordinance are in favor of it, it becomes an ordinance of the City. Any
number of proposed ordinances may be voted upon at the same election, but the voter shall must
be allowed to vote for or against each separately. In case of inconsistency between two initiated
ordinances approved at one election, the one approved by the higher percentage of voters voting
on the question sbaN-ffrevail rep vails to the extent of the inconsistency.
2.09. Section 5.11 of the Richfield City Charter is amended to read as follows:
Section 5.11. The Referendum. If prior to the date when an ordinance takes effect a
petition signed by qualified registered voters of the City equal in number to tern fifteen percent (~8%
• 15% of the total number of registered voters at the time of the last regular municipal election is
filed with the City Clerk requesting that any such ordinance be repealed or submitted to a vote of
the registered voters, the ordinance sMaIF-tberef~e is prevented from going into operation. All the
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Minutes of Meeting for August 13, 2003
9
•
examination to the Council at its next regular meeting. The Council shau must thereupon reconsider
the ordinance ,and by majority vote either repeal or affirm the ordinance
as passed. If the ordinance is affirmed, the Councl shall must immediately order a special election
to be held thereon, or submit the ordinance at the next regular municipal election, pending which
the ordinance shall-rer~air{ remains suspended. If a majority of the voters voting on the ordinance is
opposed to the ordinance, it shall does not become effective; but if a majority of the voters favor the ordinance,
it shat4-Qe-rote takes effect immediately or on the date therein specified.
2.10. Section 5.12 of the Richfield City Charter is amended to read as follows:
Section 5.12. Referendum Petition. The requirements laid down in Sections 5.04 and 5.05 above as to
-_,__the.formation_of_committees, the.-form-.of petitions and signature papers::and.residencv_.reauirements for
committee members and circulators for the initiation of ordinances shall apply to the referendum but with such
changes as may be necessary.
A referendum petition shall read substantially as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the
ordinance). A certified copy of wlalsFi the ordinance is laerete attached.
Sponsoring Committee
The proposed repeal is sponsored by the following committee of City of Richfield residents who are registered
voters:
Name Address
1.
[listing all members of the committeel
Instructions to Petition Signers
You are being asked to Sian a petition You must be a resident of and a registered voter in the Citv
of Richfield Ever person signing this petition must do so in the presence of the person circulating
the petition It is a criminal offense to sign a name other than your own to the petition or to accent
compensation for signingyour name to the petition.
The undersigned qualified registered voters, understanding the nature of the ordinance
hereto attached and believing it to be detrimental to the welfare of the City, petitipn the Council for
its submission to a vote of the voters for their approval or disapproval.
Date Legal Signature
1.
2.
Name (print legibly) Address jprint legibly)
~ 3-
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Minutes of Meeting for August 13, 2003
10
~~* «~ .~ F «~ r « f •~ ~..n ~° ~....°...+°a +~° ~F~,.~,.,:+ The affidavit of the circulator
^~°^«~^^°a -'~^••° must be attached at the end of the list of signatures.)
2.11. Section 5.14 of the Richfield City Charter is amended to read as follows:
Section 5.14. The Recall. No less than 25 registered voters may form themselves in a
committee for the purpose of bringing about the recall of any Council Member including the Mayor.
If the committee seeks the recall of a district Council Member, the registered voters constituting the
committee slap)) must be from the Council Member's district._The committee s1~4 must certify to the
City Clerk the-name of-the Coun"ciI Memberwhose removal is sought, a statement of the grounds for
removal in not more than 250 words, and fMeir the committee's intention to bring about his or her
recall. A copy of this certificate slap)) must be attached to each signature paper and no signature
paper slap)) may be put into circulation previous to such certification.
The grounds as set forth in the recall petition must be predicated on one or more charges of
malfeasance, nonfeasance or both. For this purpose the word "malfeasance' means the performance of
an act by a Council Member in his or her official capacity that is wholly illegal and wrongful and the word
"nonfeasance" means the neglect or refusal, without sufficient excuse, to do that which it is the Council
Member's legal duty to do so.
2.12. Section 5.15 of the Richfield City Charter is amended to read as follows:
Section 5.15. Recall Petitions. The petition for the recall of any Council Member shall must
consist of a certificate identical to that filed with the City Clerk together with all the signature papers
and affidavits thereto attached. All the signatures need not be on one signature paper, but the
circulator of every signature paper shall must make an affidavit that each signature appended to the
paper is the genuine signature of the person whose name it purports to be. Every circulator of a
signature gaper must be a resident of the state of Minnesota. Each signature paper slap)) must be in
substantially the following form:
RECALL PETITION
Proposing the recall of ____________~__ from the office as ____-______________ which recall is
sought for the reasons set forth in the attached certificate.
~onsoring Committee
This movement is sponsored by the following committee of registered voters eligible to vote on
candidates for that office.
Name Address
2. ----------------_~^
3. -------~--------------
flisting_all members of the committee)
Instructions to Petition Signers
You are being asked to sign a petition You must be a resident of and a registered voter in, the Citv
of Richfield Everv person signing this petition must do so in the presence of the person circulating
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Minutes of Meeting for August 13, 2003
11
the petition It is a criminal offense to sign a name other than your own to the petition or to accept
comeensation for signingyour name to the petition
The undersigned registered voters, all being eligible to vote on candidates for that office,
understanding the nature of the charges against the Council Member herein sought to be recalled,
desire the holding of a recall election for that purpose.
Date Leaal Signature Name (print legibly) Address (print leaibly)
1.
2.
3.
n..M a c «w r + F r N 11 h .+ rl th AFFi.d~ .;« The affidavit of the circulator
must be attached at the end of the list of signatures.
2.13. Section 5.16 of the Richfield City Charter is amended to read as follows:
Section 5.16. Filinq of Petition. Within thirty (30) days after the filing of the original
certificate, the committee s#aR must file the completed petition in the office of the City Clerk. The
City Clerk l must examine the petition within the next €ive-{-5} ten (10) working days and if the
clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent
(25%) of the total number of registered voters eligible to vote on candidates for that office at the last
preceding regular municipal election, the City Clerk s#all must so notify one or more members of the
committee. The committee shall then be given ten (10) days in which to file additional signature
papers and to correct the petition in all other respects, but they the committee may not change the
statement of the grounds upon which the recall is sought. If at the end of that time the City Clerk
finds the petition still insufficient or irregular, the clerk shall must notify all the members of the
committee to that effect and shall file the petition in the City Clerk's office. No further action shall
be taken thereon.
2.14. Section 5.17 of the Richfield City Charter is amended to read as follows:
Section 5.17. Recall Election. If the petition or amended petition is found sufficient, the City
Clerk shall must transmit it to the Council without delay, and shaf4 must also officially notify the
person sought to be recalled of the sufficiency of the petition and of the pending action. If the
Council Member sought to be recalled does not resign within ten (10) days after having been given
such notice, the Council shall, at its next meeting occurring more than ten (10) days after the receipt
by the Council of the recall petition, by resolution, provide for the holding of a special recall election
not less than ~8 50 nor more than 4§ 75 days after such meeting, but if any other election is to occur
within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of
the recall election at that time. If the special recall election involves a district Council Member, the
recall election shall must be conducted only within the district of such Council Member. If it involves
several district Council Members, the election shall must be conducted only within the districts of
such Council Members. If it involves a Council Member who is elected at large, the election sfial•I
must be a Citywide election.
2.15. Section 5.18 of the Richfield City Charter Is amended to read as follows:
Section 5.18. Procedure at Recall Election. The City Clerk shall must include with the
published notice of the election the statement of the grounds for recall and also, in not more than
500 words, the answer of the Council Member concerned in justification of his or her course in office.
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
12
The election shall must be conducted as far as possible, in accordance with the usual procedure in
municipal elections.
2.16. Section 5.19 of the Richfield City Charter is amended to read as follows:
' Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be:
"Shall_________~_____________ be recalled?" The name of the Council Member whose recall is sought
and his or her office shall be inserted in the blank. The electors shall be permitted to vote separately
"Yes" or "NO" upon this question. If a majority of those voting on the question of recall vote in favor
of recall, the official shall be thereby removed from office.
2.17. Section 5.20 of the. Richfield City Charter is amended to read as, follows:
Section 5.20. Procedure to Fill Vacancy. In the event that a Council Member is recalled by the
electors or resigns after a petition has been filed for his or her recall, the vacancy sk+all must be filled
in the following manner:
If less than six months remain in the Council Member's term of office at the time of the recall
election or at the time of resignation in response to a recall petition, as the case may be, the vacancy
s#atl must be filled by the remaining members of the City Council for the unexpired term pursuant to
Section 2.05.
If six months or more remain in the Council Member's term at the time. of such recall or
resignation, the Council shall must call a special election to fill the vacancy for the balance of the
Council Member's term. Such election sk~al•4 must be called within ten (10) days after such recall or
resignation, and the special election shall must be held not less than t#-i~-~30} lift 50 nor more
than sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired
term shag must be nominated in the usual way and the election shall must be conducted as far as
possible in accordance with procedures in municipal elections except that there shall be no primary
election and the candidate receiving the highest number of votes for the office shall be elected to fill
the unexpired term.
2.18. Chapter 5 of the Richfield City Charter is amended by adding a subdivision to read as follows:
Section 5 22 Offenses Penalty. It is unlawful for a person to:
a. sic n a name other than that person's own name to an initiative. referendum or
recall petition;
b. circulate an initiative or referendum petition without required attachments•
c. circulate an initiative referendum or recall petition when unqualified to do so'
d. Sian an initiative referendum or recall petition when that person knows he or she
is not aualified to do so:
e. make a false affidavit in connection with an initiative. referendum, or recall
petition:
f. pay or offer to pay a person or receive payment or aoree to receive payment for
signing an initiative referendum or recall petition:
g. pay or offer to pay a person or receive payment or agree to receive payment, on a
• basis related to the number of signatures obtained for circulating an initiative. referendum,
or recall petition This subsection does not prohibit the payment of salary and expenses for
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
13
circulation of the petition on a basis not related to the number of signatures obtained. as
long as the circulators fully disclose all contributions received to the city clerk upon
submission of the petitions.
A violation of this section is a misdemeanor punishable in accordance with state law.
2.19. Section 3.09 of the Richfield City Charter is amended to read as follows:
Section 3.09. When Ordinances and Resolutions Take Effect. A resolution a~ or an
emergency ordinance °"^" •^'-^ °FF^~« is effective immediately upon its passage or at such later date
as is fixed in it._ An ordinance that is expressly excepted from referendum under section 5.01 of this
Charter is effective on the day following publication or such later.-date as is.fixed in it. Every other
ordinance ~"^" «^~° °~°'• is effective a€teF on the thirtieth (30) day, °~-~I;~v~~F after the day of
publication; or at such later date as is fixed therein. Every ordinance adopted by the voters of the
City °"^" •^',° °FF°•-« is effective immediately upon its adoption, or at such a later time as fixed
therein.
2.20. 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 51% of the voters
voting on the question of its adoption at the special election called by the Council for that purpose.
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 Hennepin County Recorder, and the City Clerk's office together with
the certificate required by Section 410.11 of the Act.
Discussion:
Mike Sandah/ made the motion to make the above changes to the Richfie/d Charter. Tom U/mer seconded
the motion. President Easterwood highlighted changes that were introduced into this proposed
amendment as a resu/t ofinput from a work session with the City Counci/ and a proposa/ brought forward
at that work session by the League of Women Voters. The Commission continued discussion focused on
the fact that the effect of the changes in this portion of the charter are two fold. First, the conditions
required for satisfadori/y meeting Charter standards for petition, referendum and reca//are made more
definite and the controls are more stringent. The process is tightened up (for example: circu/ators of
petitions must be residents of the state of Minnesota and circu/ators cannot be paid on a per signature
basis). Second, with the introduction of changes arising from the recommendation of the City Counci/ in
response to the proposa/ of the League of Women Voters, mounting asuccessfu/ petition and/or
referendum campaign is made somewhat more difficu/t. The Commission engaged in discussion over the
proposed changes. Two major perspectives were represented. On the one hand, some thought that our
form ofgovernance is intended to be representative. We a/ell peop/e to represent us and make decisions.
We ho/d them accountab/e for those decisions through direct interaction with them and through the
e%dora/process. !t show/d be di~cu/t for citizens to overturn decisions made by the regu/ar /egis/ative
process. This promotes stabilityin governance and respells ourgovernmenta/ tradition. Those ho/ding
this opinion fe/t that proposed changes to the charter would make citizens accountab/e to the a%ctora/
process. On the other hand, some were of the opinion that it show/d not be more difficult for citizens to
overturn the decisions of a%ded of~cia/s. These peop/e thought that current standards are sufficient.
Some were of the opinion that former abuses of provisions in chapter S of the Charterjustify both
tightening the process and making successfu/petition, referendum and reca//more di~cu/t. Others fe/t
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
14
that since the use of these provisions of the charter are rare, making the process more diffcu/t is not
necessary. Those expressing the /after opinion were not opposed to changes that make the controls on
the process more stringent. A ro// ca!/ vote was taken. Ten members voted to accept the changes and one
member voted to reject the motion. Motion was passed
F. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND
CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECITONS
7.01, 7.02., 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16
OF THE RICHFIELD CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD
CITY CHARTER; ADDING A NEW SECTION 7.17
2.02 Section 7.01 of the Richfield City .Charter is amended to read as
follows: Section 7.01. Council to Control Finances.
2.03
F. AN ORDINANCE RELATING TO CITY GOVERNMENT; MODIFYING AND
CLARIFYING FINANCIAL AND BUDGETING PROCEDURES; AMENDING SECITONS
7.01, 7.02., 7.03, 7.05, 7.06, 7.07, 7.08, 7.09, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15 AND 7.16
OF THE RICHFIELD CHARTER; REPEALING SECTION 7.04 FROM THE RICHFIELD
CITY CHARTER; ADDING A NEW SECTION 7.17
The Council "^" "^••° ~~~" ^~~''"^r~*•• ^•~°r controls the financial affairs of the City,
s#aa-I~ The Council must provide for ~ the rom t collection of a~ revenues, ii the
preservation of ^n„a~~ assets, iii the auditing ^^~' °°**'^w•°^+ of City accounts, and
iv the safekeeping and ~'~r~„r°°^~°^*° proper disbursement of public monies.
2.21. Section 7.02 of the Richfield City Charter is amended to read as follows:
Section 7.02. Fiscal Year. The €issal year of the City e~aN-be is the calendar year.
2.22. Section 7.03 of the Richfield City Charter is amended to read as follows:
Section 7.03. stem of Taxation. Subject to the c}~ State constitution, and
except as forbidden by it or by state legislatier~ law, the Council
m~a i provide by e~ieaASe resolution, preceded by notice and public hearing for a system
of lesatier~ local taxation. In the taxation of real and personal property as-sash~he-City
shall the system of local taxation must conform as fully as possible to +"~„~al state
law as-te in the assessnaer~t valuation of s~ property and the collection of std the
taxes.
2.06. Section 7.05 of the Richfield City Charter is amended to read as follows:
Section 7.05. Preparation and Submission of Annual Budget. -r"° r^.+., ""°^°^°r
sfaall; at At a special budget meeting of the Council on or before +"° sr~+ T..°°a^„ ;^
September 15, the Citv Manager must submit to the Council a proposed budget and ate
ex}~laeater~ a budget message in a the form and ^~,,,~,~ containing the information as
pFe~ssr~ed specified in Section 7.06.
Orl~'Lffl"Q°~i+iVTT^••TTIG, In preparing the budget and the budget message, the °'~T Manager sgall
must obtain from C~ department heads information regarding ~ the
proposed expenditures tegether •~~~+" c."nh ^+"°r
e
' for the ensuing
fiscal year, and (ii) capital projects of and capital expenditures
. proposed to be undertaken in "~ nr h°r rl°n~r+m°n+ s.•r the
ensuing budget year and in -the ^~:~ following four fiscal yea ~. '^ ^r°^°r:^^ +"°
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
15
The Council shalt must r°";°,•, +"° °~+;.,,,+°~ ~"°" hold one or
2.07. Section 7.06 of the Richfield City Charter is amended to read as follows:
Section 7.06. Form of Annual Budget. Subdivision 1. The budget shaft-prime
must contain a ssr~lete financial plan ids for the ensuin met fiscal year.
wish-shalt The financial plan must include: {~j ~ a budget message, {#) ii a general
summary of the financial plan, {s) iii detaited_.est+e~ates of.at~antisi~ated revenues
- applicable ~#o proposed -expenditures, ~-and; {~-j~ iv --all-proposed° expenditures. The
~repesed Proposed expenditures shall ~ not exceed the proposed revenues. The
Proposed expenditures for the general and .special revenue funds shalt must ~ be listed
by organization) unit or activityt and ii shall be in parallel columns opposite the sharasteF
aRd major of and minor object of the expenditure showing the amount of stash
expenditure for the last ser~leted fiscal year, the amount estimated for the current
let fiscal year and the proposed expenditures for the ensuing let fiscal year. l~
The revenue attributable to each general and special r°•,~~ fund t#~e
must be presented in a similar manner
The
detailed-statement of revenues
must include the source of
and amount of miscellaneous revenues, the amount of surplus of prior fiscal year
revenues, and the amount of revenues raised by property taxes in the prior fiscal vear
and estimated to be raised in the current fiscal year.
•
> -
l~iA-a 99A-~}
Subd. 2. The Budget Message_ :The budget message may be
submitted by the ~a~ manager as a separate 2.07.
document but it must asser~par}y the budget. The
message shall must contain the following elements.
Current operations. The budget message must explain the budget. The
more informational hearings theFesr~ on these reports and may thereafter revise
°c+~, +~ the proposed expenditures and capital projects contained in the reports as-he
message must contain an outline of the proposed financial ~eGsies osp ition of the City for
the ensuing bt+dget fiscal year and the important
features of the met financial plan of the Ci . n-~.tr~et {~~he The message must
give reasons for major changes in expenditures and revenues from the ~reviet}s prior
fiscal year to-lest and r°••°^~ ~° ~+°^^° "^~' °"^" explain an-y the rationale for major
changes, if any, from previous ie financial pelisy policies of the Citv.
ii ~dgel:-Message-- Capital Improvements:_ The
message
"p~ + +"~y~ egg r c~h~ll ;^,.~,,,+° ° ~+°+°.,,°^+ must contain a description of pending
cs ci-vr,vrrrrrv,aac .................
and proposed capital project ,
,+„r.^^ *"° ",,,+^°+ .~°°r together with estimates of the costs of those projects and the
sources of funds to be used to pay them.
• 2.07. Section 7.06 of the Richfield City Charter (Continued):
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Minutes of Meeting for August 13, 2003
16
,n^~„~° 'iii +h° met-11Aessage-- Capital Program:_ The
message must contain, or have attached twereto it, a sapit~a~pregFar~-ef
Capital Project Plan for the flue four fiscal years Next
eusseed+r~ followin the fiscal year of the budget yeaF_ The Capital Proiect Plan is to be
prepared by the ~ ~ ,
wmm°n+ +h°r°nn n,+ nv °c+im.~+°c of nnc-+~+ nr°n~rcrl h„ the Manager after
consultation with the department heads
and
any informational meetings conducted under Section 7.05 ,
(iv) Miscellaneous. The Manager must a#tas#~-to or include in the budget
message supporting schedules exhibits and other data believed by the Manager to be
appropriate and informative.
2.08. Section 7.07 of the Richfield City Charter is amended to read as follows:
Section 7.07. u",+^ .Adoption of Budget. Subdivision 1. At the
the Council swan must r'°+°r^^;^° +"° ^'.,^° °^.+ +,""° ^` +h° set a
conclusion of the special budget meeting; ~- -••- ~•--- -••- --~--- -
public hearing on the budget; to be held published a notice ^f +h° +;^^° ..^,+
not less than seven days nor more than #eurteer~ 14 days after the
date of publication. The budget must be kept
• available to the public ' in the Clerk's office.
. The public hearing on the budget ^^°°+~^^ ^~ ^~'••°:*.!c°c' ~.".~!!
must be conducted seas in a wa to give
interested ^'+~ persons a-Feasegable an opportunity to be heard. The beset
Manager swag must explain the various lter~s
elements twereef of the budaet as fully as ~ay-be is deemed necessary by the Council.
The budget resolution shall must set #eFtw out the total
established for each fidgeted fund and easy department wit# such segregation-as~e
other information deems deemed
necessary ~ the Council. Susw The budaet resolution
shall must also state the amount of property and other taxes to be levied to fund the
budget.
2.09. Section 7.08 of the Richfield City Charter is amended to read as follows:
Section 7.08. Enforcement of the Budget. The 6~ty Manager swan must str+stly enforce the
provisions of the budget The ~ Manager shall ~ not authorize or
approve any expenditure unless an appropriation has been made in the budget resolution and there is an
available unencumbered balance of the appropriation sufficient to pay the liability to be incurred.
2.10. Section 7.08 of the Richfield City Charter (Continued):
Section 7.08. Enforcement of the Budget.
Ne An officer or employee of the City swan may not place any an elders order or make
. ar}y a purchase except for the purposes authorized in the budget. Arty An obligation
incurred by aey a person in the employ of the City for gay a purpose not in the a~reved
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
17
. budget or for an-y an amount in excess of the an amount appropriated in the budget
resolution or in excess of available monies in ar~y a fund of the City may-be-sen-sideFed is
a personal obligation ~n of the person incurring the expenditure.
2.11. Section 7.09 of the Richfield City Charter is amended to read as follows:
Section 7.09. Altering or Adjusting the Budget. After the budget ~"^'~hav~ has
been daly adopted, the Council may not increase the amounts
fixed in the budget resolution; by the insertion of new items or otherwise, beyer~d in the
amount more than the estimated revenues; unless the actual receipts exceed the
estimates and then not beysA~ more than the actual receipts. The Council may at~y
..;..by_ _ ,:.reduce thesums .
appropriated for any purpose by the budget resolution. Within-the #hree months-after the .
close of the fiscal vear, the Council At at the request of the Manager, ~~:i*~~"~ Qa~trnr~
'may transfer unencumbered appropriation balances
from one office, department or agency to another within the same fund for the fiscal year
just ended. All appFeprs Appropriations shah Lapse at the end of the budget year to
the extent that they ebal}-raet have not been expended or rN~encumbered.
2.12. Section 7.10 of the Richfield City Charter is amended to read as follows:
Section 7.10. Emergency Appropriation in Budget. The Council may include an
emergency appropriation as a part of the budget but not e~cseed more than three ~
ep rcent of the total operating appropriations made in the budget for that year. A
transfer from the emergency appropriation to ar~ethe~ another appropriation shall may
be made er~Ly~sr- by resolution. on recommendation of the City Manager or a member
• of the Council ' . The funds tl~s so appropriated shall
be used only for the purposes designated by the Council.
2.12 Section 7.11 of the Richfield City Charter is amended to read as follows:
Section 7.11. Disbursements. How Made. Ale Except as otherwise provided in
this section, disbursements of City funds shall may be made except only by check
bearing the actual or facsimile signature of the ~il?y Manager and the treasurer. Ale-cast}
A check shall may not be issued unless the claim to which it relates specifies the purpose
for which the disbursement is -made and the fund upon which it is drawn, and the claim
has been supported by an itemized bill, payroll, or time sheet approved and signed by the
responsible City officer who vouches #er the correctness and reasonableness theres# of
the claim. The Council may by ordinance make further regulations for the safe-keeping and
disbursement of the funds of the City including the disbursement of funds for the pavment of bills
and obligations by electronic means.
2.13. Section 7.12 of the Richfield City Charter is amended to read as follows:
Section 7.12. Funds to be Kept. There shall must be maintained in the City
treasury the funds provided for in the feAewirag this su~iv+slsns: section.
Subdivision 1. General Fund: The General Fund is established for the payment of all
general government expenses and those obligations of that the City deems
proper. Into this fund shall be paid aN monies not otherwise provided nereiT-or by statute e~by
eraliraarrse or this Charter to be paid into any other fund.
Subd._2. Liquor Special Revenue Fund. A LiQUOr Special
Revenue Fund is established grad into which skull are to be paid
' ,net revenues of (i.e.. gross revenues less
costs of operation maintenance and pledged revenues) the municipal ligaeF store ii proceeds
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
18
fr~- of 'special tax levies laws to support the fund, and iii other special revenues so designated by
. the Council. Expenditures from the
Liguor Special Revenue Fund are to occur only as authorized by the budget resolution
.Monies in the fund may be geed extended for capital improvements of
on{v if so authorized by
ordinance. The Council may establish other special revenue funds that do not contain liquor store
revenues and expenditures from such funds may be made as authorized by the resolution
establishing the fund.
Subd. 3..U. ' ' ~°^~~^° ~^~°~ ~ :Utility: Enterprise funds. One
or more utility or etheF public service enterprise funds are to be established into which shall are to be paid
_...._
[i the gross revenues of the
appropriate utility or enterprise (ii) the proceeds of the sale of assets of the utility or enterprise, and (iii)
the proceeds of
bonds or other obligations issued for the purposes of the utility or enterprise. T~°~~ha:l
fie--laid-~tt Out of each e€~f~is fund are to be paid the costs including the financing costs
of the purchase, construction, operation, maintenance and repair of sash the utility or
enterpris ,
and other revenues as directed by the budget resolution.
Separate funds shall must be established and kept for
each separate utility or enterprise.
Subd. 4. Trust and Agency Funds: There are to be established 9+ae one or more trust
and agency funds for the care and disbursement of money received and held by the City as trustee
or custodian or in the capacity of an agent for individuals or other govemmental units.
• Subd. 5. Discretionary Fund. A Discretionary Fund is established for payment of
reasonable and necessary expenses, not otherwise payable by the City as compensation, incurred
by the Mayor and Council Members for the benefit of the City and-ks~geeple- Appropriations to and
expenditures
feselutierr. The Council may by resolution establish the purposes and procedures for the making of
disbursements from this fund, tx~ includin disbursements made without previous Council
authorization shat! and those disbursements be are subject to audit and allowance by the Council.
(Amended Bill 1968-16, Bill 1990-13)
Subd. 6. In addition to the foregoing funds, there may be maintained in the City
treasury, ; {-~} ,~ one or more working capital or
revolving funds, for financing self-sustaining ast~vities not accounted for through other
funds; and {~-} ii such other funds as may be required by etatute~ law,, ordinance or the
Charter.
Subd. 7. The Council may make interFund loans by resolution where permitted by
law except from Trust and Agerasy funds.
2.14. Section 7.13 of the Richfield City Charter is amended to read as follows:
Section 7.13. Accounts and Reports. The accounts of the City shah must be maintained
on an accrual or modified accrual basis in accordance with generally accepted
governmental accounting standards and procedures. The ~ Manager shall must
submit such reports as wee are necessary In-efde~ to keep the Council fully informed of
the financial condition of the City. Once each year on or before the-39th-da~ef June 30,
the City Manager shall must submit a complete financial report of the City for the
preceding fiscal year ending December 31, a summary of which shall must be published
in the official newspaper. The Oity Manager, under the direction of the Council, on or
before June 30 e~eash-~eaF, shall must prepare at least one comprehensive public
• information report of the financial affairs of the City.
The Manager must distribute the report to the
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
19
• persons and organizations and in the manner deemed advisable by the Manager.
(Amended, Bill No. 2002-2)
2.15. Section 7.14 of the Richfield City Charter is amended to read as follows:
Section 7.14. City Indebtedness. Except as provided in Sections 7.15 and 7.16, ee obligations
s#aft may not be issued to pay current expenses, but the Council may issue and sell obligations for any
other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the
case of obligations for which an election is not required by this Charter or by state law, ee-sdsf}
obligations shall may not be issued and sold without the approval of the majority of the registered voters
of the City voting on the question at a general or special election. Before submitting a question to the
voters under this,Section; the-Council-conduct-atdeast-one public-hearing-on he+yquestion°preceded
by published notice 'not -more than 28 days nor less
than 14 days prior to the hearing. (Amended Bill No. 1993-7)
2.16. Section 7.15 of-the Richfield City Charter is amended to read as follows:
Section 7.15. Tax Anticipation Certificates. At any time after January 1, following the making of an
annual tax levy, the Council may issue certificates of indebtedness in anticipation of the collection
of taxes levied for any fund and not yet collected. The total amount of certificates issued against
any fund for any year with interest thereon until maturity shall may not exceed 90% of the total
current taxes for the fund uncollected at the time of issuance. ~-sb-ser#+#+sates Certificates shalt
may be issued on such terms and conditions as the Council may determine but they shall become
due and payable not later than the first day of April of the year following their issaapse. The
proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the
full faith and credit of the City shall must be irrevocably pledged for the redemption of the
certificates in the order of their issuance against the fund.
• 2.17. Section 7.16 of the Richfield City Charter is amended to read as follows:
Section 7.16. Emeraencv Debt Certificates. If in any year the receipts from taxes or
other sources should from some unforeseen cause become insufficient for the ordinary
expenses of the City, or if any calamity or other public emergency should subject the City
to the necessity of making extraordinary °~^~d+.~e, the Council may by resolution
issue and sell on such terms and in such manner as the Council determines emergency
debt certificates to mature within three years. A tax sufficient to
pay principal and interest on such certificates must
be levied as required by law. The resolution authorizing an issue of such emergency
debt certificates shall must state the nature of the emergency and be approved by a
majority of all the members of the Council.
2.18 Chapter 7 of the Richfield City Charter is amended by adding a new section as follows:
Section 7 17 State Budget Procedure. If state law specifies a schedule and
procedure for the adoption of the budget and levy of taxes that is different from that
provided in sections 7 05 through 7 07 of this charter the schedule and procedure in
state law supersedes the schedule and procedure in this charter.
Discussion:
Mike Sandah/ made the motion to accept the above changes. Bi// Bu//ock seconded the motion
and a ro// ca// vote was taken. A// a%ven members who were present voted to accept the
• changes. Motion ap ssed
Richfield Charter Commission
Minutes of Meeting for August 13, 2003
20
The meeting was adjourned C~ 8:32pm
Respectfully Submitted
Amy K. Zabransky, Secretary Richfield Charter Commission
•