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2003-01-14 Agenda• MEETING OF THE RICHFIELD CHARTER COMMISSION THURSDAY, I4 JANUARY2OO3 EXECUTIVE CONFERENCE ROOM RICHFIELD CITYHALL ~: 00 PM AGENDA Call to Order Roll Call Approval of Minutes • Election of Officers for 2003 - President, Vice President, Secretary Report of Committees - By Law Revision Committee - Charter Revision Committee New Business - Discussion of possible changes to the Richfield City Charter. No vote is anticipated at this meeting - Planning Related to future meeting for discussion of proposed revisions to the Charter. Adjournment • • RICHFIELD CHARTER COMMISSION REPORT OF THE NOMINATING COMMITTEE SLATE OF OFFICERS FOR 2003 ANNUAL ELECTION TUESDAYS 14 JANUARY 203 The persons indicated below are being nominated to serve as officers of the Charter Commission for the City of Richfield for the year 2003 President: John L. Easterwood Vice President: Kristal Stokes Secretary: Amy Zebransky • BILL NO. • AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTIONS 3.05, 4.07 AND 6.02 OF THE RICHFIELD CITY CHARTER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings; authori • • 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 Amendments to certain sections of the charter and 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. The form of the Amendments is set out in Sections 2.02, 2.03 and 2.04 of this ordinance. 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. 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; filing. 2.02. The Amendments as proposed by the Charter Commission are adopted. 2.03. Section 3.05 of the Richfield City Charter is amended to read as follows: Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances shall. be in the words "City of Richfield does ordain." Every ordinance-shall be presented in writing. 2.04. Section 4.07 of the Richfield City Charter is amended to read as follows: Section 4.07. Canvass of Elections. The Council shall 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 shall make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. This statement shall 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 car-i-223s7s~i RC 145-17 of the judges and clerks of ele ion; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected or nominated of their election or n urination. In case of a tie vote, the Council shall determine the result by lot. The City Clerk shall be the final custodian of the ballots. 2.05. Section 6.02, subdivision 3 of follows: Richfield City Charter is amended to read as Sub. 3. The City Mana~ of merit and fitness and subjec the City Clerk, all heads of d employees in the departmen~ administrative and supervisory civil-service divisions of the D• jurisdiction of the police and Appointment or removal of deb a majority vote of the Council. shall appoint and remove, upon the basis applicable civil service provisions, if any, rtments and all subordinate officers and The Director of Public Safety, having ~ntrol over the police and €~e other non- rtment of Public Safety, is not under the s civil service commission of the City. vent heads shall be made final only upon 2.05. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a pe ition requesting a referendum on this ordinance, signed by the number of registered vo ers of the City required by the Act is filed with the City Clerk, this ordinance will not be eff dive 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. 2.0. On the effective date of the Am~ndment, 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 they City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of 2003. City of Richfield, Minnesota this day of Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CAH-223878v1 RC145-17 • • • .BILL NO. AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING SECTION 6.01 OF THE RICHFIELD CITY CHARTER; REMOVING RESIDENCY REQUIREMENT FOR CITY MANAGER THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backaroun_d; findings; authori 1.01. The City ofi 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 remove. the residency requirement for the city manager 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.. The form of the Amendment is set out in Section 2.02. 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;. filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. Section 6.01 of the Richfield City Charter is amended to read as follows: Section 6.01. The City Manager. The City Manager 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. ~ - eF da~,-~-t~„„re „f „~;,.e ~h~~s+~e ,.,;+l,c„ +~e r;+„ The City Manager shall be appointed for an indefinite period and may be removed by the Council at any time; but after serving as Manager for one .year, the manager may demand written charges and a public hearing before the date of final removal takes .effect. Written charges, if demanded, shall be furnished a .reasonable time before the pubic hearing. After such hearing: if one is demanded, the Council shall have unlimited discretion either to reinstate the Manager or make removal final. Pending such hearing .and removal, the. Council may suspend the manager from office. The Council may designate some properly qualified person to perform the duties of the Manager during -the Manager's absence, disability, suspension, or while _the office of the Manager is vacant. CAH-223896v1 RC145-17 2.03. This ordinance is effective nin 'ty (90) days after its publication, except that if within sixty (60) days after publication a p tition requesting a referendum on this ordinance, signed by the number of registered v tern of the City required by the Act is filed with the City Clerk, this ordinance will not bee ective until approved by 51 % of the voters voting on the question of its adoption at the spe ial 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 Hennepin County Recorder, and . the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. ATTEST: Nancy Gibbs, City Clerk Martin J. Kirsch, Mayor CAH-223896v1 RC145-17 BILL N.O. 4 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 41.0 (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 prescnbed by Section 410.1.2, 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; filing. • 2.01. The Amendment as proposed by the Charter Commission is adopted. 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, i, 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. 2.04. 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 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor. ATTEST: Nanc Gibbs, Ci Clerk ', Y tY c.~x-a~s97~i RC145-17 I