12.08.92 Notice of Public HearingNOTICE OF PUBLIC HEARING ON
AMENDMENT TO THE HOME RULE CHARTER
OF THE CITY OF CRYSTAL, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of
Crystal, Minnesota will conduct a public hearing on Tuesday,
January 19, 1993 at 7:30 p.m., or as soon thereafter as the matter
can be heard, in the Council Chambers in City Hall, 4141 Douglas
Drive North in the City, to consider oral and written testimony
concerning proposed amendments of the Home Rule Charter of the
City.
The Amendments have been prepared and is recommended by the
Charter Commission of the City of Crystal and consists generally
of:
a change in Section 2.05 to provide that reapportionment
does not disqualify a ward councilmember from completing
a term of office;
b) a change in Section 2.07 dealing with vacancies ,in
office;
C) a change in Section 3.02 regarding notice of special
Council meetings;
d) a change in Section 6.05 dealing with purchases and
contracts by the City Manager;
e) a change in Section 7.05 recognizing state law budget
adoption procedures;
f) a change in the procedure in Section 12.05 regarding sale
of real property; and
g) a change in the procedure in Section 12.06 regarding
street vacations.
It is recommended by the Charter Commission that the Amendments be
adopted by ordinance of the City Council in the manner prescribed
by Minnesota Statutes, Section 410.12, Subdivision 7. Under that
procedure, designed to facilitate routine charter amendments, the
City Council must, if the Council approves the Amendments, adopt
the Amendments by ordinance after the public hearing by a unanimous
vote of all of its members. The adopting ordinance is effective 90
days after its passage and publication, but if within 60 days
thereof, a petition signed by two percent of the registered voters,
or 2,000 registered voters, whichever is less, is filed with the
City Clerk, the ordinance is not effective until approved by 51% of
votes cast on the Amendments at the regular municipal election or
a special election called for that purpose.
Copies of the text of the proposed Amendments in both the form
included in this notice and in a form showing changes made by the
Amendments to the present charter are available for public
inspection at the office of the City Clerk during normal business
hours of the City.
The text of the proposed Amendments is as follows:
I. Section 2.05 is amended to read:
Section 2.05. Wards. The city is divided into four
wards. Review of the wards must be made by the council
and the wards reapportioned no later than two years after
the year in which a federal census is taken so that each
ward contains not more than 30% nor less than 20% of the
population of the city. Reapportionment is by ordinance.
A change in ward boundaries does not disqualify a
councilmember from serving the remainder of a term. If
the council does not reapportion within the period
prescribed, the mayor and councilmembers forfeit all
remuneration until the wards of the city are
reapportioned as required by this section. The wards of
the city are those described by ordinance as of June 1,
1989.
2. Section 2.07 is amended to read:
Section 2.07. Council Vacancies. A vacancy in the
office of mayor or councilmember exists for the following
reasons:
(a) failure of a person elected thereto to qualify on
or before the date of the second regular meeting of
the council in the year subsequent to the election;
(b) death of the member;
(c) resignation of the member;
(d) the member ceasing to be a resident of the city or
of the ward or section from which elected;
(e) continuous absence from the city for more than
three months;
(f) conviction of the member of a felony either before
or after qualification for office;
(g) failure of the member without good cause to perform
the duties of office for a period of three months;
(h) removal of the person from office; or
(i) any reason specified by law.
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When a vacancy occurs the council must by resolution
declare the vacancy to exist and forthwith appoint an
eligible person to fill the office until the next regular
municipal election when the office is filled for the
unexpired term. If a vacancy occurs and exists in an
elective office after the last day for filing affidavits
of candidacy for that office the 2eryon elected to fill
that office is deemed to have been appointed for the
unexpired term. ""-
3. Section 3.01 is amended to read:
Section 3.01. Council Meetings. At the first
regularly scheduled council meeting in January following
a regular city election, the newly elected members of the
council assume their duties. The council meets at such
time each month as prescribed by ordinance or resolution,
but not less frequently than once each month. The mayor
or three councilmembers may call a special meeting of the
council upon reasonable notice to councilmembers and such
other notice as required by law. A iea 99 a speGlal
' Meetings of the council are public
meetings. Any person may inspect the minutes and records
of the meetings at reasonable times and in accordance
with law.
4. Section 6.05 is amended to read:
Section 6.05. Purchases and Contracts. The manager
Is the chief purchasing agent of the city. Purchases and
contracts may be made by the manager when the amount of
the purchase or contract does not exceed $5,900 $15,000
unless a lower limit is provided by the council by
resolution. Other purchases and contracts are made by
the council on recommendation of the manager. Except for
contracts which the manager is authorized to make by this
section, contracts, bonds, and instruments to which the
city is a party must be signed by the mayor and the
manager on behalf of the city.
5. Section 7.05 is amended by adding a subdivision to read:
Section 7.05. Adoption of Budget.
Subd. 7. If a different schedule and
the adoption of the budget is specified
schedule and procedure must be followed.
6. Section 12.05 is amended to read:
dure for
law, that
Section 12.05. Sale of Real Property. Real
property of the city must be disposed of by ordinanGe
resolution after a public hearing after ten-days'
published notice. The net proceeds of the sale of real
property must be used to retire outstanding indebtedness
recorded by the city in the acquisition or improvements
of that property. Remaining net proceeds must be used to
finance capital improvements or to retire other bonded
indebtedness.
7. Section 12.06 is amended to read:
Section 12.06. Vacation of Streets. The council
may by 9r-d!nh*no-e approved by at least five memhprt; caf—the
nounel I by resolution vacate streets, alleys, public ways
and public grounds, or parts thereof, in the city. The
vacation may be made after ten days' published notice of
a public hearing before the council on the matter. The
clerk must file a notice of completion of the vacation
proceedings with the appropriate county official in
accordance with law.
Dated: December 8, 1992
BY ORDER OF THE CITY COUNCIL
/s/ Darlene George
City Clerk
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