HomeMy WebLinkAbout2.e. Ordinance Review
EXECUTIVE SUMMARY
City Council Work Session: June 7, 2022
AGENDA ITEM: Ordinance Review AGENDA SECTION:
Discussion
PREPARED BY: Logan Martin, City Administrator
Erin Fasbender, City Clerk AGENDA NO. 2.e.
ATTACHMENTS: Ordinances, State Statute APPROVED BY: LJM
RECOMMENDED ACTION: None, discussion only
BACKGROUND
Staff has reviewed the current ordinances for vacancies in city council as well as liquor on-sale on public
premise licenses. Staff would like to discuss these two ordinances and discuss if any updates are necessary.
For reference, attached is Minn. Stat. 412.02, subd. 2a) regarding the filling of vacancies along with current
City ordinance language.
RECOMMENDATION
No action needed. Receive the update from staff and discuss next steps.
1-5-3: VACANCIES:
If a vacancy in the office of mayor or city council member occurs with more than three hundred sixty
five (365) days remaining in the term, the position will be filled for the unexpired term by a person
elected at a special election to be held not sooner than sixty (60) days or later than ninety (90) days
after the occurrence of the vacancy; provided, however, that if: a) the next general municipal election
occurs within three hundred sixty five (365) days of the occurrence of the vacancy, and b) the vacancy
occurs before the first day to file affidavits of candidacy for that election, then the position will be filled
by a person elected at a special election held concurrently with that general municipal election. (Ord.
IV.3, 11-19-2003)
412.02 MS 1945 [Repealed, 1949 c 119 s 110]
412.02 CITY ELECTIONS; OFFICERS, TERMS, VACANCIES, CITY EMPLOYEES.
Subdivision 1.Officers elected.The following officers shall be elected for the terms and in the years
shown and in the cities described in the table.
City ElectedYear ElectedNumber of
Years in
Term
Officer
Every statutory cityEvery two years except where four
years is otherwise provided pursuant
to statute
Two or fourMayor
Every statutory standard plan
city in which there is no
clerk-treasurer
Every four years in year when
treasurer is not elected
FourClerk
Every statutory standard plan
city in which there is no
clerk-treasurer
Every four years in year in which
clerk is not elected
FourTreasurer
Every statutory standard plan
city where such office exists
pursuant to subdivision 3
Every four years in year in which one
council member is elected
FourClerk-
Treasurer
Every statutory standard plan
city with a council of five
Two every four years and one in
alternative election
FourThree Council
members
Every statutory optional plan
city with a council of five
Two each electionFourFour Council
members
Every statutory standard plan
city with a council of seven
Three every four years and two in
alternative election
FourFive Council
members
Every statutory optional plan
city with a council of seven
Three each electionFourSix Council
members
Subd. 1a.City council; city employees.Neither the mayor nor any city council member may be employed
by the city. For purposes of this subdivision, "employed" refers to full-time permanent employment as
defined by the city's employment policy.
Subd. 2.Term.Terms of elective officers shall commence on the first Monday in January following
the election at which the officer is chosen. All officers chosen and qualified as such shall hold office until
their successors qualify.
Subd. 2a.Vacancy.Except as otherwise provided in subdivision 2b, a vacancy in an office shall be
filled by council appointment until an election is held as provided in this subdivision. In case of a tie vote
in the council, the mayor shall make the appointment. If the vacancy occurs before the first day to file
affidavits of candidacy for the next regular city election and more than two years remain in the unexpired
term, a special election shall be held at or before the next regular city election and the appointed person shall
Official Publication of the State of Minnesota
Revisor of Statutes
412.02MINNESOTA STATUTES 20211
serve until the qualification of a successor elected at a special election to fill the unexpired portion of the
term. If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election
or when less than two years remain in the unexpired term, there need not be a special election to fill the
vacancy and the appointed person shall serve until the qualification of a successor. The council must specify
by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special
election held at the same time as the regular city election.
All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.
Subd. 2b.Inability or refusal to serve.A vacancy in the office of mayor or council member may be
declared by the council when the officeholder is unable to serve in the office or attend council meetings for
a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a
90-day period. If any of the preceding conditions occurs, the council may, after it has by resolution declared
a vacancy to exist, fill the vacancy at a regular or special council meeting for the remainder of the unexpired
term, or until the person is again able to resume duties and attend council meetings, whichever is earlier.
When the person is again able to resume duties and attend council meetings, the council shall by resolution
remove the temporary officeholder and restore the original officeholder.
Subd. 3.Clerk, treasurer combined; audit standards.(a) In cities operating under the standard plan
of government the council may by ordinance adopted at least 60 days before the next regular city election
combine the offices of clerk and treasurer in the office of clerk-treasurer, but such an ordinance shall not be
effective until the expiration of the term of the incumbent treasurer or when an earlier vacancy occurs. After
the effective date of the ordinance, the duties of the treasurer and deputy treasurer as prescribed by this
chapter shall be performed by the clerk-treasurer or a duly appointed deputy. The offices of clerk and treasurer
may be reestablished by ordinance.
(b) If the offices of clerk and treasurer are combined as provided by this section and the city's annual
revenue for all governmental and enterprise funds combined is more than the amount in paragraph (c), the
council shall provide for an annual audit of the city's financial affairs by the state auditor or a public accountant
in accordance with minimum auditing procedures prescribed by the state auditor. If the offices of clerk and
treasurer are combined and the city's annual revenue for all governmental and enterprise funds combined is
the amount in paragraph (c), or less, the council shall provide for an audit of the city's financial affairs by
the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the
state auditor at least once every five years, which audit shall be for a one-year period to be determined at
random by the person conducting the audit.
(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000
adjusted for inflation using the annual implicit price deflator for state and local expenditures as published
by the United States Department of Commerce.
Subd. 4.[Repealed, 1973 c 34 s 7]
Subd. 5.[Repealed, 1983 c 359 s 151]
Subd. 6.Council increased or reduced.The council may by ordinance adopted at least 60 days before
the next regular city election submit to the voters of the city the question of whether the city council should
be increased or reduced to seven or five members. The ordinance shall include a schedule of elections and
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2021412.02
terms to accomplish the change. The proposal shall be voted on at the next city general election and, if
approved by a majority of those voting on the question, go into effect in accordance with the schedule.
History: 1959 c 675 art 6 s 30; 1961 c 230 s 1; 1963 c 799 s 5; 1963 c 811 s 1; 1965 c 417 s 1-4; 1967
c 289 s 2; 1973 c 34 s 1; 1973 c 123 art 2 s 1 subd 2; art 2 s 2; 1973 c 492 s 7; 1974 c 337 s 5; 1976 c 2 s
131; 1976 c 44 s 21; 1981 c 172 s 3,4; 1983 c 359 s 62; 1986 c 444; 1989 c 30 s 1,2; 1995 c 27 s 2; 1996
c 422 s 2,3; 1999 c 75 s 2; 1999 c 132 s 43; 2004 c 281 s 2; 2010 c 206 s 2; 2021 c 31 art 3 s 27
Official Publication of the State of Minnesota
Revisor of Statutes
412.02MINNESOTA STATUTES 20213
3-1-13: ON-SALE LICENSE ON PUBLIC PREMISES:
A. Sports, Convention Or Cultural Facility: The city council may issue to the holder of an on-sale
intoxicating liquor license issued by the city or a municipality adjacent to the city, a license to allow the
dispensing of intoxicating liquor at any convention, banquet, conference, meeting or social affair
conducted on the premises of a sports, convention or cultural facility owned by the city. The licensee
must be engaged to dispense intoxicating liquor at an event held by a person or organization
permitted to use the premises and may dispense intoxicating liquor only to persons attending the
event. The licensee may not dispense intoxicating liquor to any person attending or participating in an
amateur athletic event held on the premises.
B. Community Festivals: The city council may issue to the holder of an on-sale intoxicating liquor
license issued by the city, a license to allow the dispensing of intoxicating liquor off premises at a
community festival held within the municipality. The authorization shall specify the area in which the
intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee
demonstrates that it has liability insurance.
C. Application Process: Applicants for public premises licenses set forth in this section, shall be
subject to the following process:
1. Annual Application: Applicants for a public premises license shall annually apply to the city for
such license. The application shall set forth the applicant's desire for such license, the nature and
duration of its existing on-sale intoxicating liquor license and contain the license fee set forth in
subsection 3-1-5A of this chapter.
2. Hearing Not Required: No public hearing as set forth in subsection 3-1-6B of this chapter shall
be required for the granting of an on-sale license on public premises.
3. Application Approval: The city council shall approve the application if it determines the
applicant has a duly issued on- sale intoxicating liquor license issued by the city or an adjacent
municipality and if it further determines that the applicant is in good standing with regard to the
applicant's on- sale intoxicating liquor license.
4. Duration: The license granted under this section shall remain in effect from its issuance until
December 31 of the year in which it is issued. Licenses issued under this section are subject to annual
renewal.
D. Other Conditions: In addition to the requirements otherwise set forth in this section, public
premises licensees shall be subject to the following conditions:
1. Event Fees: In addition to the annual license fee set forth in subsection 3-1-5A of this chapter,
a licensee shall pay a per event fee. Such fee shall be established from time to time by resolution of
the city council.
2. Minnesota Products: If a licensee under this section is selling beer for on premises
consumption, the licensee shall make provision for the sale of at least one Minnesota produced beer
at each station on the premises where beer is being sold.
3. Events; Special Conditions: Whenever the city council determines that a specific event for
which the licensee will be providing on-sale intoxicating liquor requires special or unique conditions,
the city council may impose same and the licensee shall abide by all such conditions. (Ord. 2015-06,
7-7-2015)