DISCLAIMER

 

07-0087R


RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTIONS 21 AND 102 OF THE DULUTH CITY CHARTER.

BY PRESIDENT STOVER:

     WHEREAS, said Section 410.12, subd. 7, requires that before the council, upon recommendation of the Charter commission, may adopt an ordinance amending the Charter, it must first hold a public hearing on the matter upon two weeks published notice of the text of the proposed ordinance.

     BE IT RESOLVED, that on the 26th day of February, 2007, at 7:00 p.m., or as soon thereafter as the hearing can be commenced, the city council shall conduct a public hearing an ordinance amending Section 21 of the Charter pertaining to city employees running for office, and an ordinance amending Section 102 of the Charter 102 pertaining to alcoholic beverages.

     NOW, THEREFORE, BE IT RESOLVED, that a public hearing on the proposed amendments to the City Charter is hereby called for February 26, 2007, at 7:00 p.m., in the council chambers at the Duluth City Hall, and the city clerk is hereby authorized and directed to cause to be published in the Duluth News Tribune a notice of such hearing, as required by law, and the full text of the proposed ordinance, said notice of hearing to be in the following form:

NOTICE OF HEARING

Pursuant to Minnesota Statutes Annotated, Section 410.12, subd. 7, notice is hereby given by the city of Duluth that on February 26, 2007, at 7:00 p.m., in the city council chambers at the Duluth City Hall, the city council of the city of Duluth will conduct a public hearing on the question of the adoption of an ordinance amending Sections 21 and 102 of the City Charter in the manner hereinafter set forth:

[text of proposed ordinances]


STATEMENT OF PURPOSE:  This resolution gives the required notice and schedules the required hearing on proposed Charter amendments.


Amendment to Section 21 removes the requirement that a city employee take a leave of absence from city employment to run for political office.


Amendment to Section 102 removes the restriction on sales of alcohol within 400 feet of a park. The restrictions in the City Code and state law would not be affected.


 

PROPOSED ORDINANCE

 

ORDINANCE NO. __________

 

AN ORDINANCE AMENDING DULUTH CITY CHARTER, SECTION 21, PERTAINING TO CITY EMPLOYEES RUNNING FOR OFFICE.


BY PRESIDENT STOVER:

The city of Duluth does ordain:

     Section 1. That Section 21 of the 1912 Home Rule Charter of the city of Duluth as, amended, be amended to read as follows:

     Section 21.     At the head of each department there shall be an officer of the city, who shall have control and direction of the department subject to the general supervision of the chief administrative officer. The head of each department shall, with the approval of the chief administrative officer, have the power to appoint and remove all officers and employees of the department subject to the civil service provisions of this Charter; provided, that the equal opportunity representative shall be appointed by the mayor with the approval of the city council and may only be removed by the mayor with the approval of the city council. Two or more departments may be headed by the same individual and the chief administrative officer may head one or more departments, and heads of the departments may also serve as chiefs of divisions thereof as may be established by ordinance, upon recommendation by the mayor. The authority herein conferred upon the chief administrative officer is granted subject to the limitations contained in Section 19 of this Charter.

     Each department head shall possess the necessary qualifications to insure efficient administration of such department. The council by ordinance shall establish appropriate minimum qualifications for department heads, the deputy fire chief, the deputy chief of police and the equal opportunity representative.

     A municipal employee who wishes to run for political office shall, before commencing the campaign for such office, apply for and obtain a leave of absence from such employee's municipal position. Except in the case of municipal emergency leave of absence shall be granted by the appropriate authority to every municipal employee desiring such leave for the purpose of running for political office. For the purposes of this Section, the term "political office" shall not be deemed to include a position on the board of education of the city of Duluth.

     All city employees shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.

     Section 2. That this ordinance shall take effect 90 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance would remove the requirement that a city employee take a leave of absence to run for political office.

 

 

PROPOSED ORDINANCE

 

ORDINANCE NO. __________

 

AN ORDINANCE AMENDING THE CITY CHARTER, SECTION 102, PERTAINING TO RESTRICTIONS ON ALCOHOL SALES.

 

BY COUNCILOR NESS:

The city of Duluth does ordain:

     Section 1. That Section 102 of the 1912 Home Rule Charter of the city of Duluth, as amended, is hereby amended to read as follows:

     Section 102.     Except for the park and premises known as Enger Park Golf Course, it shall be unlawful to license or permit the sale of intoxicating liquors within 400 feet of any park or parkway belonging to the city. Nothing in this Charter shall be so construed as to repeal or modify in any manner whatsoever any provisions of law which now prohibit vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors or the granting of license to vend, deal in or dispose of such liquors within any specifically defined territory within the city of Duluth.

     Section 2. That this ordinance shall take effect 90 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance requires nine votes for passage. It will remove from the Charter a distance restriction on liquor sales, but does not affect the existing liquor sales area restrictions in the City Code or in State law.