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2010.09.21 Council Meeting Packet CITY OF CRYSTAL City Council Meeting Packet Tuesday, September 21, 2010 MEETING SCHEDULE Time Type of Meeting Place 6:00 – 6:30 p.m. Citizen Input Time with Mayor Bowman Conference Room A 6:35 – 6:55 p.m. Council Work Session to discuss the following: An ordinance amending section 2000 of the Crystal City Code re: misdemeanors; and Pool hours in 2011. Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers After the Regular City Council Meeting Special EDA Meeting Council Chambers After the Special EDA Meeting Closed Executive Session to discuss 2011 labor negotiations Conference Room A THE CITY MANAGER’S COMMENTS ARE BOLDED. Crystal City Council Meeting Preliminary Agenda Tuesday, September 21, 2010 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE II. PROCLAMATION The Mayor will proclaim Monday, September 27 as Family Day in the City of Crystal. III. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings, in a single motion: a. City Council Budget Work Sessions from August 12, 19, & 26, 2010; b. Special Council Meeting from August 13, 2010; c. Regular City Council Meeting from August 17, 2010; and d. Two City Council Work Sessions from August 17, 2010. IV. CONSENT AGENDA The Council will consider the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of the Absentee Ballot Board meeting schedule for accepting and rejecting voted absentee ballots for the General Election; and 4. Approval of a solicitation license for representatives of Window Store Home Improvements Inc. to go door-to-door promoting the sales and installation of new roofs, windows, and siding. Crystal City Council Meeting Agenda September 21, 2010 Page 2 of 4 V. PUBLIC HEARINGS The Mayor will open three separate public hearings to receive comment and Council consideration of the following items: 1. A resolution adopting the Assessment Roll for the 2010 Alley and Driveway Construction Project No. 2010-07; and This year’s alley and driveway replacement project is complete and the assessments need to be approved for these improvements. Recommend approval of the resolution adopting the assessment roll. 2. A resolution vacating an easement at 6603 – 36th Ave N. There is an unnecessary easement on this property (there are other necessary easements which will remain) that requires vacation. Recommend approval of the resolution vacating the easement. 3. An ordinance amending chapter 5 of the Crystal City Charter regarding initiative and referendum. The Charter Commission is recommending changes to Chapter 5 of the City Charter to clarify processes and procedures relating to initiative and referendum which includes forms provided by the city clerk. All seven council members must vote unanimously for its passage. VI. OPEN FORUM (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. Individuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments. The Council will not take action on items discussed during open forum; however, the Council may add the item to a future meeting agenda a nd ask city staff for follow-up.) VII. REGULAR AGENDA 1. The Council will consider a Conditional Use Permit for a telecommunications tower (Clearwire) at 5301 36th Avenue North (Cub Foods). Clearwire has applied for a conditional use permit to construct an 82.5 foot antenna on the Cub Foods site at 5301 – 36th Avenue North. As you recall, the Council spent considerable time deliberating changes to Section 515 regarding location of telecommunication towers. The Council approved changes to the Code which allowed telecommunication towers in certain locations and if a provider could show a gap in coverage area, an inability to co-locate on an existing antenna, and no suitable tower location in the permitted areas, then additional sites could be available with a conditional use permit. This proposed site meets the conditions for one of the alternative Crystal City Council Meeting Agenda September 21, 2010 Page 3 of 4 sites. At its September 13 meeting, the Planning Commission held a public hearing on the proposed conditional use permit application and unanimously recommended approval of the permit based on the findings outlined in the staff report. 2. The Council will consider a resolution electing to continue participating in the Local Housing Incentives Account program under the Metropolitan Livable Communities Act. Although Crystal’s updated Comprehensive Plan has yet to be approved by the Metropolitan Council, Crystal should continue to participate in the Local Housing Incentives Account program under the Livable Communities Act. The draft resolution establishes housing goals which are consistent with the Comprehensive Plan update. Recommend approval of the resolution. 3. The Council will consider a resolution adopting the 2011 Fee Schedule, amending City Code Appendix IV (excluding utilities). As part of the annual budget process, the fee schedule is reviewed. At this time, the Council will be considering the 2011 fee schedule, excluding utilities. The proposed 2011 fee schedule was reviewed at the August 12 budget work session. Recommend approval of the resolution adopting the 2011 fee schedule, excluding utilities. 4. The Council will consider a resolution certifying the amount to be assessed, ordering the preparation of an Assessment Roll and a public hearing on said assessments for the County Road 81 Local Streets Project No. 2009-33. As part of the County Road 81 project, local streets have been or will be reconstructed. These properties will be assessed as if they were in a local street reconstruction project. The assessment roll needs to be approved and the public hearing on those assessments scheduled for October 19. Recommend approval of the resolution. 5. The Council will consider a resolution accepting the Feasibility Study and ordering a public improvement hearing for Broadway :Park Neighborhood Phase 11 Street Reconstruction Project No. 2010-11. As discussed at the last work session, to proceed with the next phase of the Street Construction Program, Phase 11 (the Broadway Park Neighborhood), the feasibility study needs to be accepted and the public hearing scheduled for October 19. The feasibility study does include a sidewalk on one side of 58th Avenue and 58th Avenue will be constructed to meet MSA width and parking standards. Recommend approval of the resolution. Crystal City Council Meeting Agenda September 21, 2010 Page 4 of 4 6. The Council will consider the 2011 Budget for West Metro Fire-Rescue District. The West Metro Fire District Board Chair and Chief presented the proposed 2011 budget at the August 19 work session. The proposed 2011 budget is slightly larger than the 2010 approved budget (prior to the 4% reduction due to lost LGA in both cities). The cities’ contribution is proposed to stay the same as the amended 2010 budget and the balance (approximately $81,000) will come from fund balance. Recommend approval of the 2011 West Metro Fire District budget. VIII. INFORMATION AND DISCUSSION a. The next City Council Meeting will be at 7:00 p.m. on Tuesday, October 5 in the Council Chambers at City Hall. IX. ADJOURNMENT X. MEETING SCHEDULE ON SEPTEMBER 21, 2010 Time Type of Meeting Place 6:00 – 6:30 p.m. Citizen Input Time with Mayor Bowman Conference Room A 6:35 – 6:55 p.m. Council Work Session to discuss the following: An ordinance amending section 2000 of the Crystal City Code re: misdemeanors; and Pool hours in 2011. Conference Room A 7:00 p.m. Regular City Council Meeting Council Chambers After the Regular City Council Meeting Special EDA Meeting (10 minutes) Council Chambers After the Special EDA Meeting Closed Executive Session to discuss 2011 labor negotiations Conference Room A Have a great weekend; see you at Tuesday’s meeting. I:\Commissions\Charter\2010\Staff Report Form Lewis_charter amendments chapter 5 order hearing.doc ___________________________________________________________________ FROM: Janet Lewis, City Clerk DATE: September 16, 2010 TO: City Council City Manager CC: City Attorney At the July 6 Council Work Session, the City Council discussed proposed amendments to Chapter 5, Initiative and Referendum of the City Charter. The Charter Commission approved the amendments at a regular meeting on June 3. It requested consideration of the amendments by the City Council. On August 2, the City Council ordered a public hearing to consider the amendments, as required by law. The notice was published in the local newspaper on September 2. To date, city staff has not received any feedback from residents regarding the subject of the notice. During the public hearing on September 21, a unanimous vote of all seven council members is required to approve the First Reading. A petition guide and required forms relating to initiative and referendum are included in this packet. If approved, the forms will be made available via the City website after the Second Reading of the ordinance on October 5. Council Action Requested Receive resident comments during the public hearing and consider approving the First Reading of an ordinance amending Sections 5.03 through 5.10 of the Crystal City Charter. Attachments: Exhibit A Proposed Ordinance Exhibit B Petition Guide Exhibit C Forms COUNCIL - STAFF REPORT Public hearing for proposed City Charter amendments 369125v6 MTN CR225-327 ORDINANCE NO. 2010 - _____ AN ORDINANCE RELATING TO THE CRYSTAL CITY CHARTER AMENDING SECTIONS 5.03-5.10 THE CITY OF CRYSTAL ORDAINS: Section 1. Background; findings; authority. 1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes Chapter 410, as amended (the Act). 1.02. The Charter Commission of the City has proposed the adoption of amendments (Amendments) to 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 Section 2.02. 1.03. A public hearing on the Amendments was held on September 21, 2010 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 residents that the Amendments be adopted. Section. 2 Adoption; effective date; filing. 2.01. The Amendments as proposed by the Charter Commission are adopted. 2.02. The text of the Amendments is as follows: (New language underlined: deleted language lined through) “Section 5.03. Initiative. The initiative is governed by sections 5.03 through 5.08. Five eligible voters may form a committee to initiate an ordinance. The committee must use the forms for an initiative petition available from the city clerk in order to commence the initiative petition process. Prior to circulating a petition the committee must file a certified copy of the initiated ordinance with the city clerk with a list of the names and addresses of the members of the committee on the forms provided by the city clerk. A certified copy of the initiated ordinance must be attached to each page of the signature papers initiative petition together with the names and addresses of the members of the committee. “Section 5.04. Forms. Subdivision 1. The initiative petition consists of the initiated ordinance and signature papers attached. The petition is not complete unless signed by a number of eligible voters equal to at least five percent of the number of registered voters registered in the city on the date of the regular city election immediately preceding the filing of the petition on the forms provided by the city clerk. 369125v6 MTN CR225-327 Subd. 2. The forms provided by the city clerk relating to an initiative or referendum petition shall comply with the requirements of the Minnesota Secretary of State found in Minnesota Rules Section 8205.1010, as amended, as nearly as practicable, and the following requirements: 1). A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. The signer's oath and the signature lines must be on the same side of the paper. The language on the petition must be printed in as large as possible but no smaller than 12- point type. 2). Each petition page must have a short title describing the purpose of the petition. Each petition page may have a statement of 75 words or less summarizing the ordinance proposed by the committee. 3). Each petition page must have a signer's oath in 12-point bold type. The following oath must be used: "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." 4). Each petition page must include the following statement immediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." 5). Each petition page must have no more than 20 signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; and each signatory's year of birth; printed first, middle, and last name; and residence address, municipality, and county. 6). Each petition page must include the following statement: “All information on this petition is subject to public inspection”. The signatures attached to a petition need not be appended to one paper, but to each separate paper there must be attached an affidavit of the circulator of the paper stating (a) the number of signers of each paper, (b) that each signature on the paper was made in the presence of the circulator, and (c) that the signature on the paper is the signature of the person whose name it purports to be. The form of the initiative petition is fixed as follows: INITIATIVE PETITION Proposing an ordinance to ___________________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of eligible voters: Name Address 369125v6 MTN CR225-327 The undersigned eligible 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. Name Address Signed: Subscribed and sworn to be me this _____ day of ________________, (Year). (Seal) Notary “Section 5.05. Filing of Petition: Duties of Clerk. The signature papers and the petition are filed as one instrument with the city clerk. No later than five ten working days after the filing of the petition the clerk must determine if the petition complies with this chapter. If the clerk determines that the petition does not comply with this chapter, the clerk must promptly notify in writing one or more of the initiative committee of that fact in a notice stating the reasons for the determination of non-compliance. During the 30 days following the clerk's notice the committee may file additional signature papers or otherwise amend the petition to comply with this chapter. If upon examination of an amended petition the clerk determines that the petition does not comply with this chapter, the clerk must file the petition and notify each member of the initiative committee of that fact. After the final determination of non-compliance by the clerk a new petition proposing the same or a similar ordinance may be submitted in accordance with this chapter and the council may submit the proposed ordinance to the voters at a regular or special election.” “Section 5.06. Council Action on Petition. If the petition is in compliance with this chapter the clerk must certify that fact together with the petition to the council at its next regular meeting or at a special meeting called to consider the petition. The council must consider the ordinance at the meeting and provide for a prompt public hearing on the ordinance. The council must act on the ordinance as prescribed in this section within 65 days after certification of the petition by the clerk. If the council does not enact the ordinance, the ordinance must be submitted to the voters at the next regular city election. If the number of signers of the petition is equal to at least ten percent of the number of registered voters in the city on the date of the regular city election immediately prior to the date of filing of the petition, the council must submit the ordinance to the voters at a special election. The special election must be held (a) not less than 30 days before nor more than 45 days after the date of final action on the ordinance by the council or (b) no later than 65 days after the date of certification of the petition to the council when there has been no final action on the ordinance by the council. If a regular city election is to occur within three months of the date determined for a special election as provided in this section, the council may submit the ordinance to the voters at that regular election. If the council enacts the proposed ordinance with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with the amended ordinance by a statement to that effect 369125v6 MTN CR225-327 filed with the city clerk no later than ten days after enactment of the ordinance, the ordinance need not be submitted to the voters.” “Section 5.07. Ballots. The ballot at an election on an ordinance initiated under this chapter must state the substance of the ordinance as determined by the city council and contain appropriate instructions for the voters to indicate "yes" or "no" on the question of its adoption. If approved by a majority of the voters the ordinance is effective as provided in section 3.09. Any number of initiated ordinances may be voted on at the same election, but the voters must be permitted to vote for or against each ordinance separately.” Section 5.08. Amendment and Repeal. During the one year period following its effective date an ordinance adopted by the vote of the people may be repealed or amended only by a vote of the people. “Section 5.09. The Referendum. The referendum is governed by sections 5.09 and 5.10. If prior to the effective date of an ordinance approved by the city council pursuant to Chapter 3 of this Charter, a petition signed by eligible voters equal to at least five percent of the number of registered voters in the city on the date of the regular city election immediately preceding the filing of the petition is filed with the city clerk requesting that the ordinance be repealed or submitted to the voters, the ordinance is not effective. The council must at its next regular meeting either repeal the ordinance or re-affirm the ordinance as enacted. If the ordinance is re-affirmed by the council, the council may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. If a majority of the voters vote against the ordinance it is not effective. If a majority of the voters vote in favor of the ordinance it is effective as provided in section 3.09.” “Section 5.10. Referendum Petition. The requirements of sections 5.03 and 5.04 for the formation of committees for the initiative and the form of petitions and signature papers apply with necessary modifications to the referendum petition process. The committee must use the forms for a referendum petition available from the city clerk in order to commence the referendum petition process. The form of a referendum ballot must conform to the requirements of section 5.07. The form of a referendum signature paper is fixed as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to ___________________ (stating the purpose of the ordinance), a copy of which ordinance is attached. The proposed repeal is sponsored by the following committee of eligible voters: Name Address The undersigned eligible voters, understanding the nature of the ordinance attached and believing it to be detrimental to the welfare of the city, petition the council for its submission to the voters for their approval or disapproval. 369125v6 MTN CR225-327 Signed Name Address Subscribed and sworn to before me this ______ day of ___________ (Year). (Seal) Notary” 2.03. This ordinance is effective 90 days after its publication, except that if within 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 a general or special election called by the Council for that purpose. 2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file copies of the Amendments 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 Crystal, Minnesota this ____ day of ________________, 2010. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk PETITION GUIDE CRYSTAL CITY CHARTER CHAPTER 5 INITIATIVE & REFEREN DUM C I T Y O F C R Y S T A L 4 1 4 1 D O U G L A S D R I V E N O R T H C R Y S T A L , M N 5 5 4 2 2 W E B S I T E : W W W. C I . C R Y S T A L . M N . U S City of Crystal Petition Guide Disclaimer: The information and suggestions within this guide should not be construed as legal advice on the matter of petitions. The guide is intended to clarify and assist with the processes associated only with petitions in the city which directly relate to Chapter 5 of the Crystal City Charter. In all matters, consult the City Charter, MN State Statutes, and an attorney. There are different requirements applicable to other petition processes which are governed by Minnesota Statutes and Rules which this guide is not intended to address. The Crystal City Charter states that the people of the city reserve to themselves the power, in accordance with the provisions of the charter to (A) initiate and adopt an ordinance and (B) to require ordinances enacted by the City Council to be referred to the voters of the city for approval. These powers are the initiative and referendum, respectively. (This provision does NOT apply to appropriating money or authorizing the levy of taxes. Section 5.01 Crystal City Charter Step 1: A committee of five members must contact the city clerk to obtain the proper forms regarding petitions. Only electronic forms will be provided and are mandatory for these processes. Step 2 (a): File a completed Committee Membership Form with the city clerk. Step 2 (b): Initiative Petition: Prior to the circulation of a petition, a committee must file a certified copy of the initiated ordinance together with a list of the committee members and their corresponding contact information to the city clerk on the electronic forms obtained from the city clerk. OR Referendum Petition: Prior to the effective date of a recently adopted ordinance approved by the City Council and prior to the circulation of a petition, the committee must file a copy of the ordinance to be repealed together with a list of the committee members and their corresponding contact information to the city clerk on the electronic forms provided by the city clerk. Step 3: The petition forms must be signed by eligible voters of Crystal equal to at least five percent of the number of registered voters in the city on the date of the last regular city election immediately preceding the filing of the petition. (The Secretary of State’s office or city clerk will provide you with this information. Voter eligibility will be verified by the city clerk or designee, so you should consider obtaining more signatures than required.) Step 4: The signature papers and the petition are filed as one instrument with the city clerk. Petitions Number each signature line (far left column) Number each petition page (example 1 of 20, 2 of 20, and so on; lower right-hand corner) Each line must be legible and complete. If not, that particular signer will NOT be counted. If a signer omits required information, his/her name will NOT be counted. City of Crystal Petition Guide; Page 2 of 2 UPON SUBMISSION TO THE CITY CLERK The city clerk or designee verifies each voter’s signature using the State Voter Registration System (SVRS) and Hennepin County Property Information System. No later than 10 days after the filing of the petition and required forms with the city clerk, all documentation will be examined and determined if deficient and/or does not comply with the City Charter. The city clerk will promptly notify one or more members of the committee with the determination of non-compliance and the reasons for it. During the 30 days following the clerk’s notice, the committee may file additional signature papers or otherwise amend the petition to comply with the City Charter, upon forms provided by the city clerk. The city clerk will examine the amended petition and signature papers. If the petition is still deficient and/or does not comply with the City Charter, the city clerk will notify each member of the committee of the non-compliance. If the petition is in compliance with the City Charter, the city clerk must certify that fact together with the petition to the City Council at its next regular meeting or at a special meeting called to consider the petition. The City Council must consider the ordinance at the meeting and provide for a prompt public hearing on the ordinance. Notification for a special meeting or public hearing will be posted on the City website, Crystal City Hall, and the Crystal Community Center. The City Council must act on the ordinance as prescribed in the City Charter within 65 days after certification of the petition by the city clerk. If the Council does not enact the ordinance, the ordinance must be submitted to the voters at the next regular city election. A special election may also result if all requirements of Section 5.06 are met. If a Referendum Petition is in compliance with the City Charter, the City Council must, at its next regular meeting, either repeal the ordinance or re-affirm the ordinance as enacted. If the City Council reaffirms the ordinance, they may order a special election on the ordinance or submit the ordinance to the voters at the next regular municipal election. All elections are conducted according to MN Election Laws, MN Election Rules, and Crystal City Charter. City Clerk’s Office is open Monday through Friday from 8:00 a.m. until 4:30 p.m. at Crystal City Hall located at 4141 Douglas Drive. (Exceptions: holidays). Attachments Committee Membership Forms Petition Forms Ordinance Form CITY OF CRYSTAL 1. INTRODUCTION City of Crystal residents believe that it is in the best interest of the residents to request the Crystal City Council to: Circle one Enact the following ordinance Repeal the attached ordinance (Initiative) (Referendum) 2. Initiative – Propose an Ordinance State general purpose of ordinance (use additional sheets of paper as necessary) OR 3. Referendum - Repeal the attached ordinance: (write title of ordinance here) 4. Sample ordinances may be found on the League of Minnesota Cities Web site at http://www.lmc.org/ Ordinance Form and Content Excerpts used with permission from the LMC Cities Handbook Chapter 7 a. Title Every ordinance should have a title that briefly yet adequately describes its contents. The phrases: “repealing ordinances inconsistent herewith” and “providing penalties for the violation thereof” should not be part of the title. b. Number Each ordinance should have an identifying number as part of its title. c. Findings and purpose An ordinance should provide an explanation or findings of fact stating the reasons and authority for adopting the ordinance and describing its purpose. d. Enacting clause Minn. Stat. § 412.191, subd. 4. All ordinances, after a suitable title, should begin substantially in this form: “The City Council of _____ ordains. . .” e. Body The text of the ordinance should be written in clear and brief terms. If definitions are helpful, they should be contained in one beginning section. The sections should be short to make subsequent amendments easier and cheaper. All sections and subsections should have a number and an identifying word or short title. f. Repeal If prior ordinances are to be repealed, a section to this effect should be included. Each ordinance to be repealed should be specifically referred to by number, title, and adoption date. g. Penalty Minn. Stat. § 412.231. Minn. Stat. § 169.89, subd. 2. Minn. Stat. § 609.02, subds. 3, 4a; Minn. Stat. § 609.0332; Minn. Stat. § 609.034 . This section is for enforcement purposes. Cities may impose maximum penalties for misdemeanors of a $1,000 fine or 90 days in jail, or both. In addition, the costs of prosecution may be added. The maximum penalty for a petty misdemeanor is a fine of $300. Certain traffic offenses may only be prosecuted as petty misdemeanors. h. Closing This should read: “Passed by the (name of city) Council this (date) day of (month), (year).” If the council wants an effective date later than the date of publication, this section should state the effective date. Ordinance Form and Content Excerpts used with permission from the LMC Cities Handbook Chapter 7 i. Maps A.G. Op. 477-b-34 (Sept. 20, 1962); A.G. Op. 59-a-9 (April 13, 1957). If the ordinance refers to maps and they are an integral part of the ordinance, they must be included in the published ordinance. Because it is expensive to publish maps, a city may choose to omit all reference to the map in the ordinance and rely instead on word descriptions. The city then could prepare a separate, unofficial map. j. Deliberation The council should discuss the ordinance according to the council’s rules before passing it, even though failing to abide by these rules probably would not invalidate an ordinance if it meets statutory requirements. The statutes do not specify that an ordinance in a statutory city must have a certain number of readings, nor do they require the council to consider it at more than one meeting. Unless the council has rules to the contrary, it may pass an ordinance at the same meeting at which it is introduced. k. Passage Minn. Stat. § 412.191, subd. 4. Except where the statutes require a larger majority, ordinances in statutory cities must receive a majority vote of all the members of the council to pass. This means, in effect, if the council has five members, at least three councilmembers must vote in favor of an ordinance. Both the clerk and the mayor in Standard Plan cities have the power to vote on ordinances. The mayor has no veto power. l. Attestation Minn. Stat. § 412.191, subd. 4; Minn. Stat. § 599.13; City of Akeley v. Nelson, No. C4-02-915 (Minn. Ct. App. Nov. 25, 2003) (unpublished decision). Union Pub. Serv. Co. v. Village of Minneota, 212 Minn. 92, 2 N.W.2d 555 (Minn. 1942). After the council passes an ordinance, the mayor and the clerk must sign it. The clerk should also affix the city seal to it. If either the mayor or clerk refuses to sign the ordinance, a court order can require them to do so if the court finds that the ordinance is legal. m. Effective date Uniform Public Service Co. v. Village of Minneota, 212 Minn. 92, 2 N.W.2d 555 (Minn. 1942). Unless otherwise specified within the ordinance, an ordinance becomes effective after its publication in the official newspaper. Before an ordinance takes effect, it may be revoked or repealed by the city council by motion, resolution or ordinance. COMMITTEE MEMBERSHIP FORM INITIATIVE PETITION We, the following eligible voters, have formed a committee to propose an ordinance in the City of Crystal and further have at tached said ordinance to this form. The proposed ordinance is sponsored by the five committee members listed below, all who are eligible voters. All information must be filled in by each committee member signing unless disability prevents the person(s) from doing so. Th e information contained within this form is subject to public inspection. SIGNER’S OATH: “I swear that I know the contents and purpose of the committee and petition and that I signed it only once and of my own free will.” Page 1 of 1 DATE OF SIGNATURE COMMITTEE MEMBER SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY PHONE NUMBER Subscribed and sworn to me this ________ day of ________________________ Notary public signature______________________________________________ (Notary Stamp) INITIATIVE PETITION FORM The purpose of this petition is to propose an ordinance (state the purpose): (ordinance must be attached). The undersigned voters, understanding the terms and nature of the proposed ordinance, petition the Crystal City Council for i ts adoption or, in lieu thereof, for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing s o. All information on this petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 1 of _____ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY INITIATIVE PETITION FORM The purpose of this petition is to propose an ordinance (state the purpose): (ordinance must be attached). The undersigned voters, understanding the terms and nature of the proposed ordinance, petition the Crystal City Council for i ts adoption or, in lieu thereof, for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing s o. All information on this petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 2 of _____ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY INITIATIVE PETITION FORM The purpose of this petition is to propose an ordinance (state the purpose): (ordinance must be attached). The undersigned voters, understanding the terms and nature of the proposed ordinance, petition the Crystal City Council for i ts adoption or, in lieu thereof, for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing s o. All information on this petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 3 of _____ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY COMMITTEE MEMBERSHIP FORM REFERENDUM PETITION We, the following eligible voters, have formed a committee to repeal Crystal Ordinance No. ___________________ and further ha ve attached said ordinance to this form. The proposed repeal is sponsored by the five committee members listed below, all who are eligible voters. All information must be filled in by each committee member signing unless disability prevents the person(s) from doing so. Th e information contained within this form is subject to public inspection. SIGNER’S OATH: “I swear that I know the contents and purpose of the committee and petition and that I signed it only once and of my own free will.” Page 1 of 1 DATE OF SIGNATURE COMMITTEE MEMBER SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY PHONE NUMBER Subscribed and sworn to me this ________ day of ________________________ Notary public signature______________________________________________ (Notary Stamp) REFERENDUM PETITION FORM The purpose of this petition is to propose the repeal of Ordinance No (ordinance must be attached). The undersigned voters, understanding the nature of the ordinance attached and believing it to be detrimental to the welfare of the city, petition the Crystal City Council for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing so. All information on thi s petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 1 of _______ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY REFERENDUM PETITION FORM The purpose of this petition is to propose the repeal of Ordinance No (ordinance must be attached). The undersigned voters, understanding the nature of the ordinance attached and believing it to be detrimental to the welfare of the city, petition the Crystal City Council for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing so. All information on thi s petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 2 of _______ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY REFERENDUM PETITION FORM The purpose of this petition is to propose the repeal of Ordinance No (ordinance must be attached). The undersigned voters, understanding the nature of the ordinance attached and believing it to be detrimental to the welfare of the city, petition the Crystal City Council for its submission to the voters for their approval. All information must be filled in by the person(s) signing the petition unless disability prevents the person(s) from doing so. All information on thi s petition is subject to public inspection. Signer’s oath: “I swear that I know the contents and purpose of this petition and that I signed the petition only once and of my own free will.” Page 3 of _______ NO. DATE OF SIGNATURE SIGNATURE YEAR OF BIRTH CLEARLY PRINT FIRST, MIDDLE, AND LAST NAME RESIDENCE ADDRESS (HOUSE NUMBER AND STREET NAME) CITY AND COUNTY