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Home My WebLink AboutAgenda Packets - 2007/07/23 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 23, 2007 7:00 p.m. (Revised as of July 20, 2007 @ 3pm) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. 6. SPECIAL ORDER OF BUSINESS A. ITEM DELETED 7. COUNCIL BUSINESS A. Continued Public Hearing to Consider the Second Reading and Adoption of Ordinance 790, an ordinance Amending Chapters 3 and 5 of the Mounds View City Charter. (ROLL CALL VOTE ) B. Resolution 7108 Adopting the Global Release and Settlement Agreement, including Approval of Various Leases. C. ITEM DELETED D. Resolution 7116 Approving Step Increase for Mounds View Police Officer Berling. E. Resolution 7110 Approving the Parks Improvement Plan and Authorizing the Purchase of Items Associated with the 2007 Parks Improvement Project F. Resolution 7121 Adopting Water Sprinkling and Irrigation Regulations G. Resolution 7064 Approving Change Order No. 37 for the City Hall Rehabilitation Project H. Resolution 7122 Approving Change Order No. 38 for the City Hall Rehabilitation Project I. Resolution 7123 Acceptance and Final Payment Approval for the City Hall Rehabilitation Project J. Consideration of Resolution 7126 and Resolution 7127 approving the Common Interest Community (CIC) Plat for the Subdivision of 5360 Edgewood Drive (the “Belting Building”) City Council Agenda July 23, 2007 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7117 Approving the 2007 Festival in the Park Contract. C. Resolution 7119 Approving a Charitable Gambling License for Community Charities of Minnesota to Conduct Charitable Gambling at The Mermaid located at 2200 Highway 10 in Mounds View. D. Resolution 7125 Authorizing Disposition of Lions Passenger Bus E. Resolution 7118, Approving an Extension for a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. F. Resolution 7120 Authorizing Out-of-State Training for the Chief of Police G. Resolution 7124 Approving and Authorizing the Execution of a Joint Powers Agreement with the City of Blaine Regarding Street Authority for Coral Sea Street NE South of 85th Avenue 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. City Council Minutes, June 25, 2007. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Review Potential Parcel Acquisition at Woodcrest and Silver Lake Road (2) Review Potential Parcel Acquisition at 2400 County Road H2 C. Reports of City Attorney 12. Next Council Work Session: Monday, August 6, 2007 @7pm Next Council Meeting: Monday, August 13, 2007 @ 7pm Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text compared to Revision k Page 1 of 5 CHAPTER 3 1 COUNCIL PROCEDURE 2 3 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 4 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 5 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 6 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency 7 ordinance, shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days 8 shall elapse between its introduction and final adoption. Every ordinance must contain a specified 9 effective date as noted in Section 3.09 of this Charter. 10 11 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council 12 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every 13 ordinance shall be published at least once in the official newspaper no earlier than eight (8) calendar days 14 nor later than seventeen (17) calendar days from the date of passage, either in its complete form preceded 15 by a summary of its contents or as a title and summary.1 16 17 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 18 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 19 The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that 20 can be identifiable by subject matter or ordinance number. A copy shall also be available in the 21 community library, if there is one, or if not, in any other public location which the Council designates. 22 23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines 24 that publication of the title and a summary of an ordinance would clearly inform the public of the intent 25 and effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only 26 the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is 27 available for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the 28 publication of the title and summary, the Council shall approve the text of the summary and determine 29 that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the 30 complete text of the ordinance is on file at the office of the Clerk-Administrator. The publishing of the 31 title and summary shall be deemed to fulfill all legal publication requirements as completely as if the 32 entire ordinance had been published. A copy of the publication shall be attached to and filed with the 33 ordinance for reference. To the extent and in the manner provided by law an ordinance may incorporate 34 by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or 35 part thereof without publishing the material referred to in full, so long as the complete reference to the 36 item is included. (Amended, Ord. 700, 8-26-2002) 37 38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 40 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 41 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 42 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 43 effective date of the ordinance as specified in Section 5.07 of this Charter. 44 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text compared to Revision k Page 2 of 5 CHAPTER 12 45 MISCELLANEOUS AND TRANSITORY PROVISIONS 46 47 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 48 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in 49 which shall be published ordinances, other matters required by law or this Charter to be so published, and 50 any other matters the Council may deem is in the public interest to have published in this manner. 51 52 CHAPTER 5 53 INITIATIVE, REFERENDUM AND RECALL 54 55 Section 5.01. General Voter Authority*. The people of Mounds View, have the right, in 56 accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance be 57 referred to the voters [referendum], except those that appropriate money, levy taxes or deal with 58 administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove 59 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of 60 the City of Mounds View who first register, or who have registered and are qualified to vote. Per 61 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those who 62 were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 63 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 64 appendices should there appear to be a discrepancy. 65 66 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a 67 committee of five (5) to ten (10) members who are voters of the City and whose names and addresses 68 must appear on the petition as the Sponsoring Committee. A completed petition consists of one or more 69 pages gathered together as a single document. Each separately circulated page shall contain at its head, 70 or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 71 initiative, referendum and recall. The Sponsoring Committee may obtain a sample petition from the 72 Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures for petition 73 sufficiency which is based on the total number of ballots cast for President in the most recent 74 Presidential election. All petition circulators must be voters of the City. Each separate page of the 75 petition must include a certificate signed and dated by the circulator. The certificate shall affirm that 76 each signature was made in the circulator’s presence and that the circulator believes the page to contain 77 the genuine signatures of the voters whose names they purport to be and that each signer was presented 78 with the full petition. Each signer of a petition must be a voter of the City and must sign and print their 79 name and give their street address. The completed petition shall be submitted to the Clerk-80 Administrator for review. Any voter whose name appears on a petition may withdraw their name by 81 filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the 82 Council of the information related to the sufficiency of the petition. or, if such completed petition is 83 deemed insufficient pursuant to this Charter, during any time period that additional signature papers are 84 being circulated by the Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to 85 Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the 86 Council may prescribe by ordinance or resolution, the definition of a frivolous petition. 87 88 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet 89 the requirements set forth in section 5.02 and contain at least the following: 90 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 91 the total ballots cast for President in the most recent Presidential election. 92 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 93 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text compared to Revision k Page 3 of 5 cast for President in the most recent Presidential election. 94 If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) 95 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 96 sufficiency of the petition by resolution. 97 98 Section 5.04. Disposition of Insufficient or IrregularFrivolous Petition. If the petition appears 99 to be frivolous, the Clerk-Administrator shall report to the Council within ten (10) calendar days of 100 receipt of the petition. If the Council determines the petition is frivolous, the Council shall direct the 101 Clerk-Administrator to file the petition as frivolous and no further action shall be taken. If the Clerk-102 Administrator determines that the petition does not meet the requirements for sufficiency and is not 103 determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall 104 be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of 105 the completed petition. As specified in this Charter, the Sponsoring Committee shall have twenty-one 106 (21) calendar days to file additional signature papers and/or to correct the specified irregularity 107 insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-108 Administrator shall determine whether the petition as corrected meets the requirements for sufficiency 109 and shall proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the Council 110 shall direct the Clerk-Administrator to file the petition as insufficient and notify the Sponsoring 111 Committee within ten (10) calendar days that no further action will be taken. The final finding that the 112 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose 113 unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall not 114 prevent the Council from referring the subject matter of the petition to the voters at the next regular or 115 special election. 116 117 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 118 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 119 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 120 twenty (120) calendar days of a primary or general election and all of the county election requirements 121 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. 122 123 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a 124 regularly scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a 125 resolution placing the measure on the ballot and calling for a special election to be held within one 126 hundred twenty (120) calendar days of said meeting. However, no special elections can be held between 127 a regular primary election and a regular general election or forty (40) calendar days after a regular 128 general election. If there is no regular primary election then no special election shall be held within 129 sixty (60) calendar days prior to a regular general election. 130 131 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the 132 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 133 petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one 134 hundred eighty (180) calendar days during which time a completed petition with signatures must be 135 filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within 136 one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 137 determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the 138 Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the 139 measure on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must 140 proceed according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective 141 thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote 142 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text compared to Revision k Page 4 of 5 for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot 143 measure for a proposed ordinance fails, the same measure is prohibited from being brought forward 144 again as an initiative within six months one hundred eighty (180) calendar days of the election 145 certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council from 146 proposing a similar ordinance. 147 148 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 149 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 150 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as 151 defined in Section 5.07. 152 153 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, 154 it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. 155 The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended 156 proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-157 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 158 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 159 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 160 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 161 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 162 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the 163 ordinance, as amended, must be placed on the ballot as provided in Section 5.05. If an amended 164 ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as 165 a ballot measure. 166 167 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to 168 submit the ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 169 of this Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective 170 thirty (30) calendar days after certification of the election results unless the ordinance specifies a later 171 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 172 650, 8-16-2000) 173 174 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 175 subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, 176 the exact text of the measure to be considered by the voters. The Sponsoring Committee must file the 177 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 178 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall 179 be taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is 180 found to be sufficient under the provisions of Section 5.03 of this chapter, the Council must immediately 181 adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the 182 public. The Council must also immediately pass a resolution to place the measure on a ballot as 183 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 184 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 185 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 186 election results. If the petition does not meet the requirements of sufficiency under the provisions in 187 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 188 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring 189 Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or 190 to correct the specified irregularity insufficiency according to Section 5.04. If the final finding is that 191 the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of 192 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text compared to Revision k Page 5 of 5 suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must 193 pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the 194 public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 195 196 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 197 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 198 stating the name of the official whose removal is sought, the grounds for recall, which shall be 199 malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention 200 of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk-201 Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days 202 during which time a completed petition with signatures must be filed. The Clerk-Administrator shall 203 notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 204 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated 205 within one year of the determination. If the Council declares the petition sufficient, it shall immediately 206 pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 207 fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition 208 may provide a response for their own course of action in not more than five hundred (500) words. The 209 Clerk-Administrator shall include with the published notice of the election, the statement of the grounds 210 for the recall and the response of the official concerned or a statement stating no response was received. 211 If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon 212 certification of the election results. If the majority does not vote in favor, the recall has failed and a 213 petition for recall is prohibited from being repeated for that elected official for one year from the date of 214 certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to 215 fill said vacancy. 216 217 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 218 any way affecting the right of the voters to propose amendments to this charter which can be proposed 219 in accordance with MN Statute 410.12, as amended. 220 221 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 222 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 223 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 224 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 225 some sort. 226 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 1 of 5 CHAPTER 3 1 COUNCIL PROCEDURE 2 3 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 4 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 5 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 6 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency 7 ordinance, shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days 8 shall elapse between its introduction and final adoption. Every ordinance must contain a specified 9 effective date as noted in Section 3.09 of this Charter. 10 11 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council 12 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every 13 ordinance shall be published at least once in the official newspaper no earlier than eight (8) calendar days 14 nor later than seventeen (17) calendar days from the date of passage, either in its complete form preceded 15 by a summary of its contents or as a title and summary.1 16 17 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 18 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 19 The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that 20 can be identifiable by subject matter or ordinance number. A copy shall also be available in the 21 community library, if there is one, or if not, in any other public location which the Council designates. 22 23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines 24 that publication of the title and a summary of an ordinance would clearly inform the public of the intent 25 and effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only 26 the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is 27 available for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the 28 publication of the title and summary, the Council shall approve the text of the summary and determine 29 that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the 30 complete text of the ordinance is on file at the office of the Clerk-Administrator. The publishing of the 31 title and summary shall be deemed to fulfill all legal publication requirements as completely as if the 32 entire ordinance had been published. A copy of the publication shall be attached to and filed with the 33 ordinance for reference. To the extent and in the manner provided by law an ordinance may incorporate 34 by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or 35 part thereof without publishing the material referred to in full, so long as the complete reference to the 36 item is included. (Amended, Ord. 700, 8-26-2002) 37 38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 40 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 41 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 42 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 43 effective date of the ordinance as specified in Section 5.07 of this Charter. 44 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 2 of 5 CHAPTER 12 45 MISCELLANEOUS AND TRANSITORY PROVISIONS 46 47 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 48 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in 49 which shall be published ordinances, other matters required by law or this Charter to be so published, and 50 any other matters the Council may deem is in the public interest to have published in this manner. 51 52 CHAPTER 5 53 INITIATIVE, REFERENDUM AND RECALL 54 55 Section 5.01. General Voter Authority*. The people of Mounds View, have the right, in 56 accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance be 57 referred to the voters [referendum], except those that appropriate money, levy taxes or deal with 58 administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove 59 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of 60 the City of Mounds View who first register, or who have registered and are qualified to vote. Per 61 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those who 62 were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 63 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 64 appendices should there appear to be a discrepancy. 65 66 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a 67 committee of five (5) to ten (10) members who are voters of the City and whose names and addresses 68 must appear on the petition as the Sponsoring Committee. A completed petition consists of one or more 69 pages gathered together as a single document. Each separately circulated page shall contain at its head, 70 or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 71 initiative, referendum and recall. The Sponsoring Committee may obtain a sample petition from the 72 Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures for petition 73 sufficiency which is based on the total number of ballots cast for President in the most recent 74 Presidential election. All petition circulators must be voters of the City. Each separate page of the 75 petition must include a certificate signed and dated by the circulator. The certificate shall affirm that 76 each signature was made in the circulator’s presence and that the circulator believes the page to contain 77 the genuine signatures of the voters whose names they purport to be and that each signer was presented 78 with the full petition. Each signer of a petition must be a voter of the City and must sign and print their 79 name and give their street address. The completed petition shall be submitted to the Clerk-80 Administrator for review. Any voter whose name appears on a petition may withdraw their name by 81 filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the 82 Council of the information related to the sufficiency of the petition or, if such completed petition is 83 deemed insufficient pursuant to this Charter, during any time period that additional signature papers are 84 being circulated by the Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to 85 Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the 86 Council may prescribe by ordinance or resolution, the definition of a frivolous petition. 87 88 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet 89 the requirements set forth in section 5.02 and contain at least the following: 90 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 91 the total ballots cast for President in the most recent Presidential election. 92 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 93 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 3 of 5 cast for President in the most recent Presidential election. 94 If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) 95 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 96 sufficiency of the petition by resolution. 97 98 Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be 99 frivolous, the Clerk-Administrator shall report to the Council within ten (10) calendar days of receipt of 100 the petition. If the Council determines the petition is frivolous, the Council shall direct the Clerk-101 Administrator to file the petition as frivolous and no further action shall be taken. If the Clerk-102 Administrator determines that the petition does not meet the requirements for sufficiency and is not 103 determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall 104 be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of 105 the completed petition. As specified in this Charter, the Sponsoring Committee shall have twenty-one 106 (21) calendar days to file additional signature papers and/or to correct the specified insufficiency. 107 Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-Administrator 108 shall determine whether the petition as corrected meets the requirements for sufficiency and shall 109 proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the Clerk-110 Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten (10) 111 calendar days that no further action will be taken. The final finding that the petition is insufficient shall 112 not prejudice the filing of a new petition for the same purpose unless otherwise specified within this 113 Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the 114 subject matter of the petition to the voters at the next regular or special election. 115 116 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 117 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 118 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 119 twenty (120) calendar days of a primary or general election and all of the county election requirements 120 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. 121 122 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a 123 regularly scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a 124 resolution placing the measure on the ballot and calling for a special election to be held within one 125 hundred twenty (120) calendar days of said meeting. However, no special elections can be held between 126 a regular primary election and a regular general election or forty (40) calendar days after a regular 127 general election. If there is no regular primary election then no special election shall be held within 128 sixty (60) calendar days prior to a regular general election. 129 130 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the 131 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 132 petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one 133 hundred eighty (180) calendar days during which time a completed petition with signatures must be 134 filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within 135 one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 136 determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the 137 Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the 138 measure on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must 139 proceed according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective 140 thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote 141 for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot 142 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 4 of 5 measure for a proposed ordinance fails, the same measure is prohibited from being brought forward 143 again as an initiative within one hundred eighty (180) calendar days of the election certification. Failure 144 of a ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar 145 ordinance. 146 147 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 148 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 149 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as 150 defined in Section 5.07. 151 152 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, 153 it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. 154 The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended 155 proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-156 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 157 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 158 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 159 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 160 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 161 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the 162 ordinance, as amended, must be placed on the ballot as provided in Section 5.05. If an amended 163 ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as 164 a ballot measure. 165 166 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to 167 submit the ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 168 of this Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective 169 thirty (30) calendar days after certification of the election results unless the ordinance specifies a later 170 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 171 650, 8-16-2000) 172 173 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 174 subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, 175 the exact text of the measure to be considered by the voters. The Sponsoring Committee must file the 176 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 177 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall 178 be taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is 179 found to be sufficient under the provisions of Section 5.03 of this chapter, the Council must immediately 180 adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the 181 public. The Council must also immediately pass a resolution to place the measure on a ballot as 182 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 183 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 184 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 185 election results. If the petition does not meet the requirements of sufficiency under the provisions in 186 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 187 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring 188 Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or 189 to correct the specified insufficiency according to Section 5.04. If the final finding is that the petition is 190 insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the 191 corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution 192 Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 5 of 5 suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed 193 as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 194 195 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 196 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 197 stating the name of the official whose removal is sought, the grounds for recall, which shall be 198 malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention 199 of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk-200 Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days 201 during which time a completed petition with signatures must be filed. The Clerk-Administrator shall 202 notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 203 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated 204 within one year of the determination. If the Council declares the petition sufficient, it shall immediately 205 pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 206 fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition 207 may provide a response for their own course of action in not more than five hundred (500) words. The 208 Clerk-Administrator shall include with the published notice of the election, the statement of the grounds 209 for the recall and the response of the official concerned or a statement stating no response was received. 210 If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon 211 certification of the election results. If the majority does not vote in favor, the recall has failed and a 212 petition for recall is prohibited from being repeated for that elected official for one year from the date of 213 certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to 214 fill said vacancy. 215 216 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 217 any way affecting the right of the voters to propose amendments to this charter which can be proposed 218 in accordance with MN Statute 410.12, as amended. 219 220 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 221 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 222 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 223 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 224 some sort. 225 Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 763.432.3181 Thai W Vang 763.792.1750 Resolution No. 2007-01e Mounds View Charter Commission Final Version Dated Jul 12, 2007 Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Charter Commission Objectives: Update Chapter 5 and related sections of the Charter while maintaining original powers and authority granted. 1. Improve readability and clarify the process, required steps, and time line for circulating and submitting a petition to the City for Initiative, Referendum or Recall. 2. Improve the Chapter’s elapsed time definitions to calendar days and include appendices charting time allowed for each procedural action. 3. Chapter 3, Section 3.05, 3.07, and 3.09 clarification of ordinance process to allow time for Referendum petitions. 4. Section 5.01 define the term voter, clarify the use of appendices, and clarify voter authority for petitions. 5. Section 5.02 define committee as Sponsoring Committee, its size and membership requirement, petition signer requirement, and city staff responsibilities. 6. Section 5.03 clarify the process and requirements for petition sufficiency. 7. Section 5.04 clarify the process for insufficient petitions. 8. Section 5.05 new section to specify and clarify procedure and time allowed for voter requested ballot issues. 9. Section 5.06 clarify the process for Initiative and its time line. 10. Section 5.07 correct Council and staff procedure and correctly align ordinance process to voter requested referendum procedure. 11. Section 5.08 clarify requirements for Recall and the time line for actions of Clerk- Administrator and Council. 12. Through-out the Chapter change Clerk/Administrator to Clerk-Administrator . 13. Section 5.09 (moved from old section 5.06) correct electors to voters and added the reference for MN Statutory authority for Charter amendments. 14. Throughout the Chapter clarify Mounds View resident terminology usage so that references are more consistent rather than having references to people of Mounds View, registered voters, citizens of Mounds View, and voters. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 1 of 6 CHAPTER 3 1 COUNCIL PROCEDURE 2 3 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 4 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 5 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 6 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinance, 7 shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse 8 between its introduction and final adoption. Every ordinance must contain a specified effective date as 9 noted in Section 3.09 of this Charter. 10 11 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall 12 be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance 13 shall be published at least once in the official newspaper as soon as practicable no earlier than eight (8) 14 calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete 15 form preceded by a summary of its contents or as a title and summary.1 16 17 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 18 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 19 The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that can 20 be identifiable by subject matter or ordinance number. A copy shall also be available in the community 21 library, if there is one, or if not, in any other public location which the Council designates. 22 23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that 24 publication of the title and a summary of an ordinance would clearly inform the public of the intent and 25 effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only the title 26 of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available 27 for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication 28 of the title and summary, the Council shall approve the text of the summary and determine that it clearly 29 informs the public of the intent and effect of the ordinance, and shall further state that the complete text of 30 the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary 31 shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had 32 been published. A copy of the publication shall be attached to and filed with the ordinance for reference. 33 To the extent and in the manner prohibited provided by law an ordinance may incorporate by reference a 34 statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without 35 publishing the material referred to in full, so long as the complete reference to the item is included. 36 (Amended, Ord. 700, 8-26-2002) 37 38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 40 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 41 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 42 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 43 effective date of the ordinance as specified in Section 5.07 of this Charter. 44 45 46 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 2 of 6 CHAPTER 12 47 MISCELLANEOUS AND TRANSITORY PROVISIONS 48 49 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 50 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which 51 shall be published ordinances and , other matters required by law andor this Charter to be so published, as 52 well as suchand any other matters as the Council may deem itis in the public interest to have published in this 53 manner. 54 55 CHAPTER 5 56 INITIATIVE, REFERENDUM AND RECALL 57 58 Section 5.01. Powers Reserved by the People. General Voter Authority*. The people of Mounds 59 View, reserve to themselves the powers have the right, in accordance with the provisions of this Charter, to 60 initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the 61 electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the 62 initiative, the referendum, and the recall, respectively to propose ordinances [initiative] and to require that 63 any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or 64 deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to 65 remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 66 residents of the City of Mounds View who first register, or who have registered and are qualified to vote. 67 Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 68 who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 69 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 70 appendices should there appear to be a discrepancy. 71 72 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be 73 sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose 74 names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed petition 75 may consistconsists of one or more papers, but each pages gathered together as a single document. Each 76 separately circulated paper page shall contain at its head, or attached thereto, the information specified in 77 sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer 78 shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring 79 Committee may obtain a sample petition from the Clerk-Administrator. The Clerk-Administrator shall 80 provide the number of signatures for petition sufficiency which is based on the total number of ballots cast 81 for President in the most recent Presidential election. All petition circulators must be voters of the City. 82 Each separate page of the petition shallmust have appended to it include a certificate signed and dated by 83 the circulator, verified by oath,. The certificate shall affirm that each signature appended thereto was made 84 in theirthe circulator’s presence and that the circulator believes them the page to be contain the genuine 85 signatures of the person voters whose names it they purports to be. The person making the certificate shall 86 be a resident of the City and registered to vote. and that each signer was presented with the full petition. 87 Each signer of a petition must be a voter of the City and must sign and print their name and give their 88 street address. The completed petition shall be submitted to the Clerk-Administrator for review. Any 89 personvoter whose name appears on a petition may withdraw their name by filing a statement in writing 90 filed with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the 91 information related to the sufficiency of the petition or, if such completed petition is deemed insufficient 92 pursuant to this Charter, during any time period that additional signature papers are being circulated by the 93 Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to Section 5.04. Consistent with 94 the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by 95 ordinance or resolution, the definition of a frivolous petition. 96 97 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 3 of 6 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed 98 petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen 99 percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of 100 electors who cast their votes for president at the last presidential election. Immediately upon receipt of the 101 petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council 102 within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the 103 petition. 104 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least 105 the following: 106 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 107 the total ballots cast for President in the most recent Presidential election. 108 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 109 cast for President in the most recent Presidential election. 110 If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) 111 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 112 sufficiency of the petition by resolution. 113 114 Section 5.04. Disposition of Insufficient or Irregular Frivolous Petition If the Council determines 115 that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, 116 together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty 117 days in which to file additional signature papers and/or to correct the petition in all other particulars, except 118 that, in the case of a petition for recall, the committee may not change the statement of the grounds on which 119 the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again 120 report to the Council. If the Council finds that the petition is still insufficient or irregular, the 121 Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the 122 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor 123 shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or 124 special election. If the petition appears to be frivolous, the Clerk-Administrator shall report to the Council 125 within ten (10) calendar days of receipt of the petition. If the Council determines the petition is frivolous, 126 the Council shall direct the Clerk-Administrator to file the petition as frivolous and no further action shall 127 be taken. If the Clerk-Administrator determines that the petition does not meet the requirements for 128 sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement 129 of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar 130 days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall 131 have twenty-one (21) calendar days to file additional signature papers and/or to correct the specified 132 insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-133 Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and 134 shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the 135 Clerk-Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten 136 (10) calendar days that no further action will be taken. The final finding that the petition is insufficient 137 shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this 138 Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the 139 subject matter of the petition to the voters at the next regular or special election. 140 141 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 142 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 143 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 144 twenty (120) calendar days of a primary or general election and all of the county election requirements 145 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. If a 146 measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly 147 scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution 148 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 4 of 6 placing the measure on the ballot and calling for a special election to be held within one hundred twenty 149 (120) calendar days of said meeting. However, no special elections can be held between a regular primary 150 election and a regular general election or forty (40) calendar days after a regular general election. If there 151 is no regular primary election then no special election shall be held within sixty (60) calendar days prior to 152 a regular general election. 153 154 Section 5.05.06. Initiative*. Any An ordinance may be proposed by a petition which shall state at 155 the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the 156 proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the 157 amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the 158 Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a 159 form acceptable to the majority of the sponsoring committee within sixty days after the final determination of 160 sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next 161 election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the 162 Council shall call a special election on the ordinance to be held within such period.. The exact text of the 163 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 164 petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one 165 hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. 166 If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one 167 hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 168 determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council 169 must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure 170 on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed 171 according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) 172 calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption 173 fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a 174 proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative 175 within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for 176 a proposed ordinance shall not prevent the Council from proposing a similar ordinance. 177 178 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 179 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 180 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined 181 in Section 5.07. 182 183 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it 184 must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The 185 Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed 186 ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-187 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 188 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 189 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 190 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 191 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 192 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, 193 as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is 194 approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot 195 measure. 196 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 5 of 6 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 197 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 198 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 199 (30) calendar days after adoptioncertification of the election results unless the ordinance specifies a later 200 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 201 650, 8-16-2000) 202 203 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 204 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 205 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 206 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 207 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 208 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 209 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 210 prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the 211 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 212 the Council shall call a special election to be held within such period, providing the petition has been found to 213 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 214 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 215 petition, it shall be considered repealed upon certification of the election results the Council must 216 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 217 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 218 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 219 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 220 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 221 election results. If the petition does not meet the requirements of sufficiency under the provisions in 222 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 223 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 224 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 225 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 226 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 227 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 228 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 229 in this section. (Amended, Ord. 651, 8-16-2000) 230 231 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 232 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 233 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 234 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 235 malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 236 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 237 The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for 238 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 239 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 240 chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify 241 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 242 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 243 such meeting, except if any other election is to occur within ninety day period after such meeting, the Council 244 may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall 245 include with the published notice of the election the statement of the grounds for the recall and, also in not 246 more than 500 words, the answer of the officer concerned in justification of their course of office. 247 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 6 of 6 The Clerk-Administrator shall notify the official sought to be recalled of the petition and proceed as 248 provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is 249 prohibited from being repeated within one year of the determination. If the Council declares the petition 250 sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 251 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected 252 official named by the petition may provide a response for their own course of action in not more than five 253 hundred (500) words. The Clerk-Administrator shall include with the published notice of the election, the 254 statement of the grounds for the recall and the response of the official concerned or a statement stating no 255 response was received. If a majority of those voting on the recall vote in its favor, it shall become 256 effective immediately upon certification of the election results. If the majority does not vote in favor, the 257 recall has failed and a petition for recall is prohibited from being repeated for that elected official for one 258 year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 259 herein shall apply to fill said vacancy. 260 261 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 262 any way affecting the right of the electors voters to propose amendments to this charter which can be 263 proposed in accordance with MN Statute 410.12, as amended. 264 265 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 266 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 267 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 268 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 269 some sort. 270 City Council must immediately adopt resolution/s declaring the petition sufficiency, suspending the Ordinance and placing the measure on a ballot. Sec 5.07 Prepare for ballot within 120 days of City Council passing a resolution to place the measure on a ballot. Sec 5.05, 5.07 Did a majority of those voting on the Ordinance vote in favor Sec 5.07 Ordinance takes effect immediately unless a later date is specified in the Ordinance Sec 5.07 Ordinance fails and Is considered repealed. Sec 5.07 Yes No Mounds View Charter Appendix C - Referendum Process Flow Diagram – Revision Date 7/12/2007 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Deliver all required information to Clerk- Administrator at least 10 calendar days prior to Ordinance taking effect Sec 5.07 Is this the first time Petition Is being tested for Sufficiency ? Sec 5.03 No Yes No Yes Yes No Have all requirements been met ? Sec 5.03, 5.04 Form Committee of 5 to 10 members. Sec 5.02 Have all requirements been met ? Sec 5.03, 5.04 Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no further action will be taken. Sec 5.04 Council determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.07 Yes No City Council offers an amendment ? Sec 5.06 Hold First Reading, schedule a public hearing pursuant to MN Stat. 410.12 and any additional requirements. Sec 5.06 Sponsoring Committee disapproves the amendment within 14 calendar days? Sec 5.06 Prepare for ballot within 120 days of City Council resolution to place the measure on a ballot. Sec 5.05. City Council pass Ordinance by majority vote ? Sec 5.06 Ordinance takes effect 30 calendar days after publication unless a later date is specified in the Ordinance Sec 5.06 Yes Yes Yes No No No Did a majority of those voting on the Ordinance vote in favor Sec 5.06 Ordinance takes effect 30 calendar days after election unless a later date is specified in the Ordinance. Sec 5.06 Ordinance fails and process ends for this petition. Sec 5.06 Yes No Mounds View Charter Appendix B - Initiative Process Flow Diagram – Revision Date 7/12/2007 City Council immediately declares sufficiency by resolution and must either adopt an Ordinance or pass a resolution to place the measure on a ballot within 60 calendar days. Sec 5.03, 5.06 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Within 180 days of filing petition, Deliver All Required Information to Clerk-Administrator Sec 5.06 Is this the first time petition is being tested for sufficiency ? Sec 5.03 No Yes No Yes Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no further action will be taken. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 Have all requirements been met ? Sec 5.03, 5.04 Yes No Have all requirements been met ? Sec 5.03, 5.04 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 Yes Form Committee of 5 to 10 members and file a copy of the petition with the Clerk- Administrator prior to circulation. Charter Sec 5.02, 5.06 City Council must pass a resolution to place the measure on a ballot. Sec 5.05, 5.06. City Council Chooses to place Measure on a ballot without amendment ? Yes No City Council Chooses to place measure on a ballot No Yes City Council Chooses to place measure on a ballot No Yes Council determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.06 Yes No Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen Referendum - Timeline Revision Date 7/12/2007 Set a public hearing for proposed Ordinance Hold public hearing & First Reading not required to be in the same meeting >= 10 days >= 14 days Second Reading / adoption 8 – 17 days = 30 days First opportunity for referendum petition submission Publication of Ordinance >= 10 days Submit completed referendum petition with signatures to Clerk-Administrator Ordinance takes effect unless challenged by a non frivolous referendum petition = 30 days Clerk-Administrator provides a written report. The Council either determines the petition is frivolous; passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot; or passes a resolution delaying the effective date of the Ordinance 30 days to allow process completion. Ordinance takes effect unless referendum petition is sufficient Submit completed referendum petition with deficiencies corrected to Clerk-Administrator >= 9 days Council either, passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot, or directs the petition be filed as insufficient and the Ordinance takes effect. Clerk-Administrator provides written notice of petition insufficiency to Sponsoring Committee <= 21 days <= 10 days If the City Council passed a resolution to place the Ordinance on a ballot, it must occur within 120 days of the resolution pursuant to Charter Section 5.05 See Appendix A Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 3 Form Sponsoring Committee of 5 to 10 members <= 28 days Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall Revision Date 7/21/2007 Date of regular primary election if scheduled. A special election may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. Date of regular general election. A special election may be scheduled concurrent with general election. Max 120 days Date of resolution to prepare for a ballot Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. No Special Election | 60 days No Special Election | 40 days Election Year Date of resolution to prepare for a ballot Non Election Year No Special Election If primary scheduled | 60 days Obtain at least 25% of the number of votes cast for President, most recent election Sec 5.03 Within 180 days of filing petition, deliver all required information to Clerk- Administrator Sec 5.08 Is this the first time petition is being tested for Sufficiency ? Sec 5.03 No Yes No Declare petition terminated due to insufficiency & notify Sponsoring Committee no further action will be taken. Sec 5.04The official shall be allowed 14 calendar days to provide a response in not more than 500 words. Sec 5.08 Prepare for ballot within 120 days of City Council passing a resolution to place the item on a ballot. Sec 5.05, 5.08 Did a majority of those voting on the recall vote in Favor Sec 5.08 The official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 Recall fails. Sec 5.08 Yes No Mounds View Charter Appendix E - Recall Process Flow Diagram – Revision Date 7/12/2007 Yes No Form Committee of 5 to 10 members and file copy of petition stating the official’s name and the grounds for recall with Clerk- Administrator prior to circulation. Charter Section 5.02, 5.08 The Clerk-Administrator shall notify the official sought to be recalled of the petition Sec 5.08 Within 10 calendar days of receiving completed petition, Clerk-Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Within 9 calendar days of receiving corrected petition Clerk-Administrator reports to City Council - Sec 5.04 Within 10 calendar days of receiving completed petition Clerk-Administrator reports to City Council - Sec 5.03 Have all requirements been met ? Sec 5.03, 5.04 Have all requirements been met ? Sec 5.03, 5.04Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 City Council must immediately pass a resolution declaring sufficiency and placing the item on a ballot. Sec 5.03, 5.08 Yes NoCouncil determined petition was frivolous ? Sec 5.02, 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.08 No Yes DRAFT 1 RESOLUTION NO. ____ CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE PROCESS FOR DETERMINING THE SUFFICIENCY OF PETITIONS PURSUANT TO CITY CHARTER WHEREAS, Section 5.02 of the Mounds View City Charter provides the City Council with the authority to prescribe by ordinance or resolution the definition of a frivolous petition; and WHEREAS, Section 12.12 of the Mounds View City Charter provides that “the Council shall by ordinance, resolution, or other appropriate action make such regulations as may be necessary to carry out and make effective the provisions of . . . [the] Charter;” and WHEREAS, the City Council desires to establish a procedure for review of petitions filed pursuant to the Mounds View City Charter as well as to define petitions that are deemed to be frivolous; and WHEREAS, the City Council desires to provide City staff and the citizens of the City of Mounds View with adequate guidance as to the review process to be undertaken by City staff in determining the sufficiency of petitions filed pursuant to the Mounds View City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the recitals set forth above are hereby incorporated into and hereby made part of this Resolution as if fully set forth herein; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that the following materials are to be utilized in the review and determination of the sufficiency of petitions submitted pursuant to the Mounds View City Charter: 1. Mounds View City Charter; 2. Minnesota Statutes; 3. Minnesota Rules; 4. Judicial interpretations of federal, state and local laws, rules and regulations; 5. Attorney General interpretations; DRAFT 2 6. State agency, etc. interpretations; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby establishes that any petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with all federal, state and local laws, rules, regulations and judicial interpretations thereof, to determine the sufficiency of such petition consistent with the Mounds View City Charter; and BE IT FURTHER RESOLVED, that the City Council of the City of Mounds View hereby finds that petitions deemed to be frivolous pursuant to the Mounds View City Charter may include, but not be limited to, the following characteristics: 1. 2. 3. 4. ; and BE IT FURTHER RESOLVED, the City Council of the City of Mounds View hereby establishes that all petitions submitted pursuant to the Mounds View City Charter shall be reviewed consistent with this Resolution, the Mounds View City Charter and all applicable federal, state and local laws, rules, regulations and judicial interpretations thereof; and NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City of Mounds View that City staff is authorized to take all steps necessary and convenient in order to carry out the intent of this Resolution. Adopted by the City Council of the City of Mounds View this ______ day of _____________, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 763.432.3181 Thai W Vang 763.792.1750 Resolution No. 2007-01e Mounds View Charter Commission Final Version Dated Jul 12, 2007 Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Charter Commission Objectives: Update Chapter 5 and related sections of the Charter while maintaining original powers and authority granted. 1. Improve readability and clarify the process, required steps, and time line for circulating and submitting a petition to the City for Initiative, Referendum or Recall. 2. Improve the Chapter’s elapsed time definitions to calendar days and include appendices charting time allowed for each procedural action. 3. Chapter 3, Section 3.05, 3.07, and 3.09 clarification of ordinance process to allow time for Referendum petitions. 4. Section 5.01 define the term voter, clarify the use of appendices, and clarify voter authority for petitions. 5. Section 5.02 define committee as Sponsoring Committee, its size and membership requirement, petition signer requirement, and city staff responsibilities. 6. Section 5.03 clarify the process and requirements for petition sufficiency. 7. Section 5.04 clarify the process for insufficient petitions. 8. Section 5.05 new section to specify and clarify procedure and time allowed for voter requested ballot issues. 9. Section 5.06 clarify the process for Initiative and its time line. 10. Section 5.07 correct Council and staff procedure and correctly align ordinance process to voter requested referendum procedure. 11. Section 5.08 clarify requirements for Recall and the time line for actions of Clerk- Administrator and Council. 12. Through-out the Chapter change Clerk/Administrator to Clerk-Administrator . 13. Section 5.09 (moved from old section 5.06) correct electors to voters and added the reference for MN Statutory authority for Charter amendments. 14. Throughout the Chapter clarify Mounds View resident terminology usage so that references are more consistent rather than having references to people of Mounds View, registered voters, citizens of Mounds View, and voters. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 1 of 6 CHAPTER 3 1 COUNCIL PROCEDURE 2 3 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 4 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 5 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 6 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinance, 7 shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse 8 between its introduction and final adoption. Every ordinance must contain a specified effective date as 9 noted in Section 3.09 of this Charter. 10 11 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall 12 be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance 13 shall be published at least once in the official newspaper as soon as practicable no earlier than eight (8) 14 calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete 15 form preceded by a summary of its contents or as a title and summary.1 16 17 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 18 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 19 The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that can 20 be identifiable by subject matter or ordinance number. A copy shall also be available in the community 21 library, if there is one, or if not, in any other public location which the Council designates. 22 23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that 24 publication of the title and a summary of an ordinance would clearly inform the public of the intent and 25 effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only the title 26 of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available 27 for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication 28 of the title and summary, the Council shall approve the text of the summary and determine that it clearly 29 informs the public of the intent and effect of the ordinance, and shall further state that the complete text of 30 the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary 31 shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had 32 been published. A copy of the publication shall be attached to and filed with the ordinance for reference. 33 To the extent and in the manner prohibited provided by law an ordinance may incorporate by reference a 34 statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without 35 publishing the material referred to in full, so long as the complete reference to the item is included. 36 (Amended, Ord. 700, 8-26-2002) 37 38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 40 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 41 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 42 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 43 effective date of the ordinance as specified in Section 5.07 of this Charter. 44 45 46 47 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 2 of 6 CHAPTER 12 48 MISCELLANEOUS AND TRANSITORY PROVISIONS 49 50 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 51 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which 52 shall be published ordinances and , other matters required by law andor this Charter to be so published, as 53 well as suchand any other matters as the Council may deem itis in the public interest to have published in this 54 manner. 55 56 CHAPTER 5 57 INITIATIVE, REFERENDUM AND RECALL 58 59 Section 5.01. Powers Reserved by the People. General Voter Authority *. The people of Mounds 60 View, reserve to themselves the powers have the right, in accordance with the provisions of this Charter, to 61 initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the 62 electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the 63 initiative, the referendum, and the recall, respectively to propose ordinances [initiative] and to require that 64 any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or 65 deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to 66 remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 67 residents of the City of Mounds View who first register, or who have registered and are qualified to vote. 68 Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 69 who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 70 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 71 appendices should there appear to be a discrepancy. 72 73 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be 74 sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose 75 names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed petition 76 may consistconsists of one or more papers, but each pages gathered together as a single document. Each 77 separately circulated paper page shall contain at its head, or attached thereto, the information specified in 78 sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer 79 shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring 80 Committee may obtain a sample petition from the Clerk-Administrator. The Clerk-Administrator shall 81 provide the number of signatures for petition sufficiency which is based on the total number of ballots cast 82 for President in the most recent Presidential election. All petition circulators must be voters of the City. 83 Each separate page of the petition shallmust have appended to it include a certificate signed and dated by 84 the circulator, verified by oath,. The certificate shall affirm that each signature appended thereto was made 85 in theirthe circulator’s presence and that the circulator believes them the page to be contain the genuine 86 signatures of the person voters whose names it they purports to be. The person making the certificate shall 87 be a resident of the City and registered to vote. and that each signer was presented with the full petition. 88 Each signer of a petition must be a voter of the City and must sign and print their name and give their 89 street address. The completed petition shall be submitted to the Clerk-Administrator for review. Any 90 personvoter whose name appears on a petition may withdraw their name by filing a statement in writing 91 filed with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the 92 information related to the sufficiency of the petition or, if such completed petition is deemed insufficient 93 pursuant to this Charter, during any time period that additional signature papers are being circulated by the 94 Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to Section 5.04. Consistent with 95 the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by 96 ordinance or resolution, the definition of a frivolous petition. 97 98 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 3 of 6 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed 99 petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen 100 percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of 101 electors who cast their votes for president at the last presidential election. Immediately upon receipt of the 102 petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council 103 within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the 104 petition. 105 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least 106 the following: 107 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 108 the total ballots cast for President in the most recent Presidential election. 109 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 110 cast for President in the most recent Presidential election. 111 If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) 112 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 113 sufficiency of the petition by resolution. 114 115 Section 5.04. Disposition of Insufficient or Irregular Frivolous Petition If the Council determines 116 that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, 117 together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty 118 days in which to file additional signature papers and/or to correct the petition in all other particulars, except 119 that, in the case of a petition for recall, the committee may not change the statement of the grounds on which 120 the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again 121 report to the Council. If the Council finds that the petition is still insufficient or irregular, the 122 Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the 123 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor 124 shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or 125 special election. If the petition appears to be frivolous, the Clerk-Administrator shall report to the Council 126 within ten (10) calendar days of receipt of the petition. If the Council determines the petition is frivolous, 127 the Council shall direct the Clerk-Administrator to file the petition as frivolous and no further action shall 128 be taken. If the Clerk-Administrator determines that the petition does not meet the requirements for 129 sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement 130 of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar 131 days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall 132 have twenty-one (21) calendar days to file additional signature papers and/or to correct the specified 133 insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-134 Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and 135 shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the 136 Clerk-Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten 137 (10) calendar days that no further action will be taken. The final finding that the petition is insufficient 138 shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this 139 Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the 140 subject matter of the petition to the voters at the next regular or special election. 141 142 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 143 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 144 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 145 twenty (120) calendar days of a primary or general election and all of the county election requirements 146 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. If a 147 measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly 148 scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution 149 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 4 of 6 placing the measure on the ballot and calling for a special election to be held within one hundred twenty 150 (120) calendar days of said meeting. However, no special elections can be held between a regular primary 151 election and a regular general election or forty (40) calendar days after a regular general election. If there 152 is no regular primary election then no special election shall be held within sixty (60) calendar days prior to 153 a regular general election. 154 155 Section 5.05.06. Initiative*. Any An ordinance may be proposed by a petition which shall state at 156 the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the 157 proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the 158 amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the 159 Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a 160 form acceptable to the majority of the sponsoring committee within sixty days after the final determination of 161 sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next 162 election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the 163 Council shall call a special election on the ordinance to be held within such period.. The exact text of the 164 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 165 petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one 166 hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. 167 If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one 168 hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 169 determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council 170 must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure 171 on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed 172 according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) 173 calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption 174 fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a 175 proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative 176 within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for 177 a proposed ordinance shall not prevent the Council from proposing a similar ordinance. 178 179 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 180 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 181 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined 182 in Section 5.07. 183 184 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it 185 must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The 186 Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed 187 ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-188 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 189 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 190 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 191 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 192 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 193 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, 194 as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is 195 approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot 196 measure. 197 198 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 5 of 6 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 199 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 200 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 201 (30) calendar days after adoptioncertification of the election results unless the ordinance specifies a later 202 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 203 650, 8-16-2000) 204 205 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 206 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 207 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 208 completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the 209 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 210 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 211 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 212 prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the 213 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 214 the Council shall call a special election to be held within such period, providing the petition has been found to 215 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 216 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 217 petition, it shall be considered repealed upon certification of the election results the Council must 218 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 219 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 220 provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the 221 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 222 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 223 election results. If the petition does not meet the requirements of sufficiency under the provisions in 224 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 225 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 226 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 227 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 228 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 229 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 230 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 231 in this section. (Amended, Ord. 651, 8-16-2000) 232 233 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 234 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 235 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 236 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 237 malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 238 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 239 The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for 240 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 241 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 242 chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify 243 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 244 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 245 such meeting, except if any other election is to occur within ninety day period after such meeting, the Council 246 may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall 247 include with the published notice of the election the statement of the grounds for the recall and, also in not 248 more than 500 words, the answer of the officer concerned in justification of their course of office. 249 250 Mounds View Charter Commission Date7/12/2007 Resolution 2007-01e Final Markup format Page 6 of 6 The Clerk-Administrator shall notify the official sought to be recalled of the petition and proceed as 251 provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is 252 prohibited from being repeated within one year of the determination. If the Council declares the petition 253 sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 254 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected 255 official named by the petition may provide a response for their own course of action in not more than five 256 hundred (500) words. The Clerk-Administrator shall include with the published notice of the election, the 257 statement of the grounds for the recall and the response of the official concerned or a statement stating no 258 response was received. If a majority of those voting on the recall vote in its favor, it shall become 259 effective immediately upon certification of the election results. If the majority does not vote in favor, the 260 recall has failed and a petition for recall is prohibited from being repeated for that elected official for one 261 year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 262 herein shall apply to fill said vacancy. 263 264 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 265 any way affecting the right of the electors voters to propose amendments to this charter which can be 266 proposed in accordance with MN Statute 410.12, as amended. 267 268 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 269 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 270 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 271 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 272 some sort. 273 Item No. 07A Meeting Date: July 23, 2007 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Desaree M. Crane Assistant to the City Administrator Item Title/Subject: Continued Public Hearing for a Second Reading and Ordinance 790, an Ordinance Amending Chapter 3 and Chapter 5 of the Mounds View City Charter. Background: The City Council reviewed this item with the Charter Commission Chair Thomas at the May 7, 2007 Work Session, for a first reading at the May 29, 2007, City Council Meeting, and again for another reading at the June 25, 2007, City Council Meeting and another review at the July 9th City Council Meeting. The Mounds View City Council continued this public hearing from the July 9th meeting to this meeting. Revisions were made by the Charter Commission to Chapter 3 (Council Procedure) and Chapter 5 (Initiative, Referendum and Recall) to the City Charter. Discussion: The Mounds View Charter Commission is requesting the City Council consider adoption by Ordinance of the proposed Charter amendments that are attached. Attached is Charter Commission Resolution 2007-01, a mark-up version which outlines the changes in the chapters. City staff and the City Attorney have worked with the Charter Commission throughout the review process and are supportive of the proposed changes to help clarify and simplify the procedures found in these two chapters. Recommendation: It is recommended that the City Council open the public hearing for public comment and approve Ordinance 790, an Ordinance Amending Chapter 3 and Chapter 5 of the Mounds View City Charter. ORDINANCE NO. 790 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 3 AND CHAPTER 5 OF THE MOUNDS VIEW CITY CHARTER The Council of the City of Mounds View does hereby ordain: SECTION I. The City Council of the City of Mounds View hereby amends Chapter 3 and Chapter 5 of the Mounds View City Charter by deleting the stricken material and adding the underlined material as follows: CHAPTER 3 COUNCIL PROCEDURE Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinance, shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse between its introduction and final adoption. Every ordinance must contain a specified effective date as noted in Section 3.09 of this Charter. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every ordinance shall be published at least once in the official newspaper as soon as practicable no earlier than eight (8) calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete form preceded by a summary of its contents or as a title and summary.i The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City’s web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner prohibited provided by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended, Ord. 700, 8- 26-2002) Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the effective date of the ordinance as specified in Section 5.07 of this Charter. CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which shall be published ordinances and , other matters required by law andor this Charter to be so published, as well as suchand any other matters as the Council may deem itis in the public interest to have published in this manner. CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. Powers Reserved by the People. General Voter Authority*. The people of Mounds View, reserve to themselves the powers have the right, in accordance with the provisions of this Charter, to initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively to propose ordinances [initiative] and to require that any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the appendices should there appear to be a discrepancy. Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed petition may consistconsists of one or more papers, but each pages gathered together as a single document. Each separately circulated paper page shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring Committee may obtain a sample petition from the Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures for petition sufficiency which is based on the total number of ballots cast for President in the most recent Presidential election. All petition circulators must be voters of the City. Each separate page of the petition shallmust have appended to it include a certificate signed and dated by the circulator, verified by oath,. The certificate shall affirm that each signature appended thereto was made in theirthe circulator’s presence and that the circulator believes them the page to be contain the genuine signatures of the person voters whose names it they purports to be. The person making the certificate shall be a resident of the City and registered to vote. and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. The completed petition shall be submitted to the Clerk-Administrator for review. Any personvoter whose name appears on a petition may withdraw their name by filing a statement in writing filed with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the information related to the sufficiency of the petition or, if such completed petition is deemed insufficient pursuant to this Charter, during any time period that additional signature papers are being circulated by the Sponsoring Committee or reviewed by the Clerk-Administrator pursuant to Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition. Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least the following: • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of the total ballots cast for President in the most recent Presidential election. • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots cast for President in the most recent Presidential election. If all requirements have been met, the Clerk-Administrator shall report to the Council within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the sufficiency of the petition by resolution. Section 5.04. Disposition of Insufficient or Irregular Frivolous Petition If the Council determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk-- Administrator shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. If the petition appears to be frivolous, the Clerk-Administrator shall report to the Council within ten (10) calendar days of receipt of the petition. If the Council determines the petition is frivolous, the Council shall direct the Clerk-Administrator to file the petition as frivolous and no further action shall be taken. If the Clerk-Administrator determines that the petition does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall have twenty-one (21) calendar days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk-Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the Clerk- Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten (10) calendar days that no further action will be taken. The final finding that the petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred twenty (120) calendar days of a primary or general election and all of the county election requirements can be met, the measure shall be placed on the ballot at the next regularly scheduled election. If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution placing the measure on the ballot and calling for a special election to be held within one hundred twenty (120) calendar days of said meeting. However, no special elections can be held between a regular primary election and a regular general election or forty (40) calendar days after a regular general election. If there is no regular primary election then no special election shall be held within sixty (60) calendar days prior to a regular general election. Section 5.05.06. Initiative*. Any An ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Clerk-Administrator within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period.. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar ordinance. Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined in Section 5.07. Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk-Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot measure. Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty (30) calendar days after adoptioncertification of the election results unless the ordinance specifies a later effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 650, 8-16-2000) Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the electorate voters. The Sponsoring Committee must file the completed petition in the office of the Clerk-Administrator at least ten (10) calendar days before the ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results the Council must immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated by petition. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the official whose removal is sought, the grounds for recall, constituting which shall be malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. The Clerk-Administrator shall notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated within one year of the determination. If the Council declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition may provide a response for their own course of action in not more than five hundred (500) words. The Clerk-Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the response of the official concerned or a statement stating no response was received. If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon certification of the election results. If the majority does not vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for that elected official for one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors voters to propose amendments to this charter which can be proposed in accordance with MN Statute 410.12, as amended. * Minnesota courts have limited the powers of initiative and referendum to ordinances which are legislative in character. General legislative acts lay down some permanent and uniform rule of law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the product of investigation, consideration and deliberate human judgment based upon evidentiary facts of some sort. SECTION 2. This ordinance shall take effect and be in force 90 days from and after its passage and publication. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 29th day of May, 2007. SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 23rd day of July, 2007. _______________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) i It is the intent of the Charter Commission that the Council will determine which is less costly. Item No: 07C Meeting Date: August 13, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7138, Appointing a Candidate to the Position of Cable TV Coordinator Background: In order to fulfill the City’s goal of improved public communication, the need for a Cable TV Coordinator has been discussed at many City Council Meetings and supported by the City’s Cable Committee. At the May 14, 2007, City Council Meeting, the City Council authorized Staff to start the process of hiring a Cable Television Coordinator for the Administration Department in accordance with Resolution 7051. This position would be a full time non-exempt position, and will be a union position under the AFSCME Union Contract. Discussion: We received thirty-four applications for this position, and of those, six were interviewed. The City had an interview panel which consisted of myself, Kurt Ulrich (Mounds View City Administrator), Jerry Skelly (Mounds View Cable Committee Chairperson) and Barbara Haake (Mounds View Cable Committee Member). . All candidates that were interviewed were required to submit a video tape. The panel agreed on two top candidates. The Mounds View Cable Committee will meet on Monday, August 13th at 5pm (just prior to this Council Meeting) to discuss the candidates and make their recommendation to the City Council. Staff will have a Resolution prepared to the City Council announcing the top candidate right after the Cable Committee Meeting. Personal and employment references were all found to be positive and all background checks have come back satisfactory on both candidates. The hourly wage scale for this position as approved by the City Council and negotiated by the City and the AFSCME union is as follows: Step One: $19.13/hr Step Two: $20.32/hr Step Three: $21.52/hr Step Four: $22.71/hr Step Five: $23.91/hr Following our standard personnel policy practice, the candidate would begin employment at Step 1, with an increase to Step 2 after six months of employment. Step 3 would occur after 12 months of employment with Steps 4 and 5 due 12 months thereafter, respectively. Recommendation: Staff will have a Resolution presented to the City Council after the Cable Committee’s recommendation scheduled at 5pm on August 13th. Respectfully submitted, Desaree M. Crane RESOLUTION NO. 7138 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE HIRE OF _____________ TO THE POSITION OF FULL TIME CABLE TV COORDINATOR WITHIN THE ADMINSTRATION DEPARMENT WHEREAS, the Mounds View City Council has given direction to advertise for the position of full-time Cable TV Coordinator within the Administration Department; and, WHEREAS, the position was posted and the City received thirty four applications; and, WHEREAS, ______________ possesses the necessary background, training and skills to perform the duties assigned to this full-time AFSCME Union position; and, WHEREAS, _________________ shall be compensated at the rate of $19.13 per hour, Step 1 of the wage schedule with an increase to Step 2 after six months of employment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the hire of _______________________ to the position of full-time Cable TV Coordinator within the Administration Department. Adopted this 13th day of August, 2007. ______________________________________ Rob Marty, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Administrator (seal) Item No: 07D Meeting Date: July 23, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7116 Step Increase for Mounds View Police Officer Peter Berling Background: Peter Berling is a current employee with the City of Mounds View and his supervisor has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Officer Berling has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Recommendation Staff recommends approval of attached Resolution 7116. Respectfully Submitted, Desaree Crane RESOLUTION 7116 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employees who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Peter Berling MV Police Officer Date of Employment: August 1, 2005 Step 3: $23.11/hr Step 4: $25.99/hr August 1, 2007 Adopted this 23rd day of July, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7F Meeting Date: July 23, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7121 Adopting Water Sprinkling and Irrigation Regulations Background: At the June 4, 2007 City Council Work Session, Staff presented a proposal to adopt revised Water Sprinkling and Irrigation Regulations. The proposal was again discussed at the July 2, 2007 City Council Work Session. See attached report. Discussion: At the July 2, 2007 City Council Work Session the City Council gave direction to develop Water Sprinkling and Irrigation Regulations that consisted of three tiers. The three tiers were prescribed as follows: Tier # 1 Restrictions: May 1st thru September 31st Odd/Even restrictions Example: All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). Tier # 2 Restrictions: May 1st thru September 31st Odd/Even restrictions Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor Tier # 3 Restrictions: May 1st thru September 31st all lawn sprinkling by all properties is totally restricted. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor With all tiers there would be no restrictions for the months of October through April. Adopting water conservation measures is currently allowed as per City Code which reads: 906.12: EMERGENCY WATER CONSERVATION REGULATIONS: The Council may impose emergency regulations pertaining to the conservation of water by resolution of the Council and by giving notice by publication or by posting in the City Hall and at such public places as the Council may direct. A water sprinkling ban may be implemented by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August and September by specifying dates and times. (1988 Code §70.18; 1993 Code) In addition to establishing regulations for water sprinkling and irrigation, the proposal in the June and July City Council Work Session reports also included a proposal for assigning penalties for violation. This proposal was: One written warning will be issued to all violators. The second and subsequent violations will carry the financial penalties. The proposed penalty schedule is as follows: 1st violation written warning 2nd violation $25.00 fine 3rd violation $50.00 fine 4th violation $100.00 fine 5th violation $200.00 fine 6th violation turned over to the City Attorney for criminal prosecution of theft *Note- a $25 fine is recommended as a 2nd violation. This is different from the $50 fine for a 2nd violation that was included in the June and July work session proposal. These administrative fines would need to be adopted be City Council and added to future City Fee Schedules. In addition to establishing Water Sprinkling and Irrigation Regulations and establishing associated penalties, there was also discussion pertaining to enforcement and personnel that would be authorized to issues such administrative citations/fines. It was discussed that it would be advantageous to grant authorization to the Lead Utility Operator to issues such administrative citations/fines. If the City Council elects to grant authorization to the Lead Utility Operator to issues such administrative citations/fines, Staff would recommend that this authorization also be granted to the other full-time employee in the water division. This employee travels much more extensively throughout the City performing utility locates. This allows this employee greater visual awareness of potential violations of the proposed water sprinkling and irrigation regulations. It should also be pointed out that the City has a full time position whose sole responsibility is to enforce City Code. This City Code enforcement capability was enhanced this year with the addition of a part-time seasonal. Perhaps a more efficient approach to enforcement of this policy would be to have Public Works report violations to the code enforcement division of Community Development for appropriate action. If the Water Sprinkling and Irrigation Regulations and associated penalties for violation are adopted by City Council, a meeting between Public Works and Community Development would occur to discuss the most efficient enforcement procedures. Recommendation: It is recommended the Council adopt the attached resolution adopting Water Sprinkling and Irrigation Regulations. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7121 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING WATER SPRINKLING AND IRRIGATION REGULATIONS WHEREAS, the Emergency Water Conservation Regulations of the City Code (section 906.12) allows for water sprinkling and irrigation regulations to be implemented; and WHEREAS, at the June 4, 2007 and the July 2, 2007 City Council Work Sessions, Staff presented a proposal to adopt revised Water Sprinkling and Irrigation Regulations; and WHEREAS, at the July 2, 2007 City Council Work Session the City Council gave direction to develop Water Sprinkling and Irrigation Regulations that consisted of three tiers; and WHEREAS, in addition to establishing Water Sprinkling and Irrigation Regulations, the proposal in the June and July City Council Work Session reports also included a proposal for assigning penalties for violation; and WHEREAS, there was also discussion at the July 2, 2007 City Council Work Session pertaining to enforcement and personnel that would be authorized to issues such administrative citations/fines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That the attached Water Sprinkling and Irrigation Regulations are hereby approved. 2. That the 2007 City Fee Schedule be adjusted to include the administrative fines established as part of these regulations. 3. That the administrative fines included in these regulations can be and will be adjusted annually with adoption of future City Fee Schedules. 4. That the Lead Utility Operator and the full-time water division employee are hereby authorized to issue such administrative citations/fines associated with said Water Sprinkling and Irrigation Regulations. Adopted this 23rd day of July 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator WATER SPRINKLING AND IRRIGATION REGULATIONS Purpose In order to conserve a natural resource and to help ensure the sustainability of this resource it is important that that the City regulates the use of its water supply. The purpose of this document is to establish regulations for the use of the City water supply. These regulations also establish penalties for violations of the City Code that is associated with said regulations. The goal of implementing these regulations is to reduce the peak water demand on the system and reduce the potential for not meeting the water demands of the City for domestic use and for fire protection. Regulations CITY CODE 906.12: EMERGENCY WATER CONSERVATION REGULATIONS: The Council may impose emergency regulations pertaining to the conservation of water by resolution of the Council and by giving notice by publication or by posting in the City Hall and at such public places as the Council may direct. A water sprinkling ban may be implemented by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August and September by specifying dates and times. (1988 Code §70.18; 1993 Code) Based on the City Code, the water sprinkling and irrigations regulations will be as follows: Tier # 1 Restrictions: May 1st thru September 31st Odd/Even restrictions Example: All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). Tier # 2 Restrictions: May 1st thru September 31st Odd/Even restrictions Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor Tier # 3 Restrictions: May 1st thru September 31st all lawn sprinkling by all properties is totally restricted. Established by order of the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor With all tiers there would be no restrictions for the months of October through April. The above restrictions do not apply to: • Private Wells. • The City of Mounds View watering multi public uses facilities / parks or athletic fields which require more frequent watering to prevent unreasonable damage. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with a permit issued from the Public Works Department. •Other exemptions will be washing of vehicles, filling swimming pools, and children playing in a hose operated sprinkler or water toy. This Restriction will always be Tier #1 unless ordered by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. If Tier #2 or Tier #3 is implemented, notice will be published in the City’s official newspaper, on the City’s electronic message board, on the City website site, and posted on City property. Penalties for violation of the Emergency Water Conservation Regulations of City Code will be: 1st violation written warning 2nd violation $25.00 fine 3rd violation $50.00 fine 4th violation $100.00 fine 5th violation $200.00 fine 6th violation turned over to the City Attorney for criminal prosecution of theft These administrative fines will be subject to annual revision based on the current adopted City Fee Schedule. _____________________ City Administrator Date Effective Date: July 23, 2007 Revision Date: Item No. 3 Meeting Date: June 4 & July 2, 2007 Type of Business: WK WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Water Conservation – Sprinkling / Irrigation Policy Background: The City currently has an odd/even watering policy. It allows customers to water their grass on odd numbered days for odd numbered addresses and even days for even numbered addresses. This policy has served the City well in the past, but has become outdated. Discussion: The City is subject to an annual permit fee from the DNR (Department of Natural Resources) for all water pumped by the City. This fee is on a prorated scale of: Over 500 million gallons= $7.50 / million gallons 451 to 500 million gallons= $7.00 / million gallons 401 to 450 million gallons= $6.50 / million gallons and so on Last year the City of Mounds View pumped just over 501 million gallons. The DNR also just started a summer surcharge program in 2005. Which is “A surcharge of $20 per million gallons will be applied to the volume of water used in each of the months of June, July, and August that exceeds the volume of water used in January of each year. The summer surcharge applies to municipal water use, irrigation of golf courses and landscape irrigation. This is a surcharge in addition to the regular fee rate based on the yearly total volume used.” In 2006 the summer surcharge was $2,040.00. However, there has been a heightened awareness of environmental issues and an increased desire to conserve natural resources that could be addressed in the City’s watering policy. During the high demand months there are times when the water supply is diminished to low levels. The City needs to supply adequate water levels for everyday in home usages and fire protection. These efforts are compromised when all residents do not follow the lawn watering restrictions. The City is also restricted on when it can pump water because of an energy savings program. Also with new fees from the Department of Natural Resources, for extra summer pumping, along with better resource sustainability, it is time to increase the restrictions on summer lawn watering. Many of the City’s neighbors are already going to a more restrictive watering policy than just odd/even. City’s such as, 1. Blaine, Tier 1 All properties with addresses that end with an odd number (such as 8801) may sprinkle on odd numbered calendar days and properties with addresses that end with an even number (such as 1100) may sprinkle on even numbered calendar days. Tier 2 IN ADDITION to the above Tier I odd/even restriction, sprinkling is prohibited by all properties between the hours of 10:00 AM and 7:00 PM. Tier 3 All lawn sprinkling by all properties is totally restricted 2. Andover, Even numbered houses (last digit of house address) can water lawns on even numbered calendar days. Odd numbered houses can water on odd numbered calendar days. NO watering is allowed, odd or even, between the hours of 12:00 noon and 6:00 p.m. everyday. Only one (1) written warning will be issued for violators. The second violation carries a penalty set by City Council resolution for the first day and a penalty set by City Council resolution each following day thereafter. Newly sodded or seeded yards will be exempt from the odd- even restriction for a period of two weeks. Over seeding or spot patching of existing established yards can be watered every day with a hand-controlled hose. Remember, NO watering allowed between 12:00 noon and 6:00 p.m. Other exemptions are: car washing, filling of children’s swimming pools, children playing in a hose operated sprinkler or water toy. 3. Fridley During extremely dry periods of the year, the City of Fridley may institute a watering ban. At present, there is no watering ban in effect. If a watering ban were in effect, more detailed information would be available. If you have questions at this time or need additional information on water bans in the City of Fridley, please call 763-572-3566. 4. New Brighton Even numbered addresses may sprinkle on even numbered calendar dates Odd numbered addresses may sprinkle on odd numbered calendar dates Newly seeded or sodded lawns may be sprinkled every day for a period not to exceed three weeks Violation of these policies is punishable by a fine of $40 The City asks that you avoid lawn sprinkling during the peak demand hours of 4pm to 10pm on hot, dry summer days 5. Shoreview The City will continue the water restriction program in 2007, using the odd/even day water use restrictions between May 15 and September 15. Residents with even numbered houses (last digit of house address) can water lawns on even number calendar days, odd numbered houses on odd number calendar days. 6. Spring Lake Park Even numbered addresses may sprinkle on even numbered calendar dates. Odd numbered addresses may sprinkle on odd numbered calendar dates. This is a Year round policy except in an extreme drought, in which case it would be ordered to be a complete ban. Half of our close cities prohibit, or ask residents not to water during the middle of the day. (This is the period of time during the middle of the day, which creates the most evaporation, and does the least amount of good for the lawn). Evaporation rates can also be between 30 and 40 percent on summer days. Some reports even say it is damaging to the grass because daytime watering can burn the grass due to the water drops causing small magnifying glasses on the blades causing the grass to burn. Current Code: EMERGENCY WATER CONSERVATION REGULATIONS: The Council may impose emergency regulations pertaining to the conservation of water by resolution of the Council and by gibing notice by publications or by posting in the City Hall and at such public places as the Council may direct. A water sprinkling ban may be implemented by the Director of Public Works/City Engineer after notification of the Clerk-Administrator and the Mayor. The lawn sprinkling ban may be implemented for the months of May, June, July, August and September by specifying dates and times. (1988 Code 70.18: 1993 Code) Proposal: Tier # 1 restrictions: May 1st thru September 31st All properties with odd number addresses (7501) may water on odd numbered calendar days (June 11), and all properties with even numbered addresses (2612) may water on even numbered calendar days (June 10). Plus, no lawn watering between the hours of 11 A.M. and 6 P.M. Tier # 2 restrictions: May 1st thru September 31st by order of the City Administrator All lawn sprinkling by all properties is totally restricted. The above restrictions do not apply to: • Private Wells. • The City of Mounds View watering multi public uses facilities / parks or athletic fields which require more frequent watering to prevent unreasonable damage. •The hand watering of plants, flowers, gardens, or trees using a hose. •Exemptions will be made for new sod and seed for 30 days with the Public Works Department. •Other exemptions will be washing of vehicles, filling swimming pools, and children playing in a hose operated sprinkler or water toy. This Restriction will always be Tier #1 unless ordered by the City Administrator. Notice will be published in the New Brighton Bulletin, on the city’s electronic message board, on the City website site and posted on city property. One written warning will be issued to all violators. The second and subsequent violations will carry the following penalties: 1st violation written warning 2nd violation $50.00 fine 3rd violation $100.00 fine 4th violation $200.00 fine 5th violation turned over to the City Attorney for criminal prosecution of theft A new watering policy should also reduce the total amount of water demand on the system, which would help ensure the sustainability of the resource, less stress and fatigue on the pumping infrastructure, and reduce the potential even more of running out of water, on hot dry summer days when Xcel requires the city to go to ZERO draw on its water production system. I.e. turn off the power to all the city’s water production facilities, and run off generator power. The two options: 1. Keep the current policy, which will put a greater strain on City pumping requirements during the day. Which will also waste more water due to evaporation, and by some people’s accounts, damage grass by burning it. Or 2. Adopt the above changed policy, which will balance out daily use surges, waste less water due to evaporation, and provide a lesser risk of dangerously low water levels during peak control time periods. Recommendation: Therefore it is staff’s recommendation to adopt the above new lawn watering policy. Respectfully Submitted, Michael Schnur Lead Utility Operator Item No. 7H Meeting Date: July 23, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business Administrator Review:___ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7122 Approving Change Order No. 38 for the City Hall Rehabilitation Project Background: Adjustments recommended during construction are referred to as Architectural Supplemental Information (ASI’s). These are common in all architectural projects and are even more prevalent in re-model projects. Many of these items are simple adjustments that do not require additional work from the contractor. These are noted as “NC” – no charge. Other adjustments may include additional materials or labor and are listed as an additional cost, while other ASI’s may include a credit in cases where materials or labor that were included in the original contract are no longer necessary. Discussion When performing a final summary report of items associated with the City Hall Rehabilitation Project, it was determined that there were plumbing pipes that were not insulated. It is a trade practice in this area to insulate only to the valves. The International Energy Code does not specifically state that this is an allowable practice, and it was not written into the specifications for this project. However, if the 3-4 feet of un-insulated pipe is left un-insulated, the actual energy lost would be negligible. Most of the pipes are located in a return air plenum, where the heat would only transfer to the return air stream, and thus, not be lost. The heat would only be present when the thermostat calls for heat, because the hot water is stopped at the valve when there is no heat called for. Based on this, the City’s consulting mechanical engineer recommends not requiring insulation of these areas. There is approximately 80 feet of such un-insulated pipe, which represents a project credit to the City in the amount of $200. Recommendation: It is recommended the Council adopt the attached resolution approving Change Order No. 38 for the City Hall Rehabilitation Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7122 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CHANGE ORDER NO. 38 FOR THE CITY HALL REHABILITATION PROJECT WHEREAS, some Change Orders may include a credit in cases where materials or labor that were included in the original contract are no longer necessary; and WHEREAS, when performing a final summary report of items associated with the City Hall Rehabilitation Project, it was determined that there were plumbing pipes that were not insulated; and WHEREAS, there is approximately 80 feet of such un-insulated pipe, which represents a project credit to the City in the amount of $200. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That Change Order No. 38 for the City Hall Rehabilitation Project is hereby approved. 2. Execution of said documents is hereby authorized. 3. That said Change Order shall be credited to the Special Project Account for this Project (Account: 280-4180-7050-100). Adopted this 23rd day of July 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No:08A Meeting Date: July 23, 2007 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2007. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2006. Those companies renewing their license were licensed, at a minimum, in the year 2006. The type of license they are applying for follows the company name. Comfort Plus Heating & Cooling HVAC New Commercial Construction Partners, Inc. General (Commercial) New Cross Country Sign Sign Installation New Michals HHH, Inc. HVAC New Northeastern Mechanical HVAC New Staff Recommendation: Approve license applications as requested. Item No.08B Meeting Date: July 23, 2007 Type of Business: CA City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7117 Approving the 2007 Festival in the Park Contract At the May Work Session, the Mounds View City Council directed the Festival in the Park Committee to draft a requested list of items that the City could consider payment contribution to the 2007 Festival in the Park. The City Council along with representatives of the Festival in the Park Committee discussed this request at the July 2, 2007 Work Session. The original request did include Advertising, but the Committee decided to take the item off the request and ask Minneapolis North for an advertising contribution per City Council direction. Insurance $1,000.00 Professional Bands $1,000.00 Port-a-Potties $800.00 Marching Band $1,000.00 Use of City Copier Machine $500.00 Car and Tractor Show $1,000.00 Total: $5,300.00 The $1,000.00 for the Car and Tractor Show would cover for the Dash Plaques, trophies and the music DJ. At the July 2, 2007 Work Session, it was the consensus of the City Council to go forward with this request and draft a resolution for City Council approval. In addition, the City Council reviewed the 2007 Festival in the Park contract at the July Work Session. Attached for your approval is the Festival in the Park of Mounds View Contract for Approval. Respectfully submitted, Desaree Crane RESOLUTION 7117 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2007 FESTIVAL IN THE PARK EVENT WHEREAS, the City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 19, 2007; and WHEREAS, the 2007 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, and has been reviewed and approved for execution by the Festival in the Park of Mounds View, the non-profit organization in charge of the Festival; and WHEREAS, the City is currently budgeted to contribute $4,250 to the Festival in the Park Committee to pay for City personnel and equipment expenses; and WHEREAS, it is the consensus of the City Council to assist in additional expenditures to the Festival in the Park Committee, not to exceed $5,300, to assist the Committee in payment of Insurance, Professional Bands, Port-a-Potties, Irondale Marching Band, use of city copier machine and the Car and Tractor Show. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council hereby authorize assistance in additional expenditures, to the Festival in the Park Committee not to exceed $5,300, to assist the Committee in payment of Insurance, Professional Bands, Port-a-Potties, Irondale Marching Band, use of city copier machine and the Car and Tractor Show. NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and City Clerk/Administrator. Adopted this 23rd day of July, 2007. _______________________________ Rob Marty, Mayor ATTEST: ______________________________ Kurt Ulrich, City Administrator (seal) FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this ____th day of ________, 2007, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on August 19, 2007; and WHEREAS, pursuant to Minnesota Statutes, Sections 47115-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 19, 2007, and will terminate as of August 20, 2007 (the “Termination Date”). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4,250.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing city staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4,250.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set fort on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. In support of the community-based Festival, the City will provide assistance in additional expenditures, not to exceed $5,300, to assist the Committee in payment of Insurance, Professional Bands, Port-a-Potties, Irondale Marching Band, use of City Copier Machine, and the Car and Tractor Show. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk- Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 2101 Hillview Rd Apt. 2 Mounds View, MN 55112-5843 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: Clerk-Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers X 12 hrs @ approx. $13.hr 468.00 2. Police: 2 officers X 8 hrs @ approx. $55/hr 880.00 Total: $2,638.00 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades 2. Fire Dept: Fire truck Item No: 08C Meeting Date: July 23, 2007 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7119, Approving a Charitable Gambling Permit for Community Charities of Minnesota to Conduct Charitable Gambling at The Mermaid located at 2200 County Highway 10 in Mounds View Community Charities of Minnesota, a non-profit charitable organization, would like to hold charitable gambling on a permanent basis at The Mermaid located at 2200 County Highway 10 in Mounds View. Community Charities of Minnesota is a non-profit 501(c)(3) charitable corporation. The organization conducts fundraising to include golf tournaments and charitable gambling with the proceeds donated to food shelves, post prom parties and summer education programs for Minnesota Youth to name a few. According to their attached letter dated June 28, 2007, the net profits from the conduct of charitable gambling for each month is calculated for each site and a minimum of 85% of those funds are set aside for use in the local community. Attached is a list donations that Community Charities has contributed to various Minnesota communities and organizations. Community Charities of Minnesota main office is located in Mankato, Minnesota. They have been in existence since the early 1980s, and have 30 active members, which meets the requirements of the Mounds View City Code. A list of current member is on file with the City. The Gambling Control Board requires that local unit of government (city or county), pass a resolution specifically approving or denying the Premises Permit Application. This resolution (approving or denying the application) must be voted on and the resolution forwarded to the Minnesota Gambling Control Board. Recommendation: Staff recommends approval of Premise Permit to permit Charitable Gambling for Community Charities of Minnesota at the location stated above. Respectfully Submitted, Desaree M. Crane RESOLUTION NO. 7119 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A PERMIT APPLICATION FOR COMMUNITY CHARITIES OF MINNESOTA , A CHARITABLE ORGANIZATION TO CONDUCT CHARITABLE GAMBLING AT THE MERMAID LOCATED AT 2200 COUNTY HIGHWAY 10 WHEREAS, Community Charities of Minnesota, a non-profit charitable organization would like to hold charitable gambling on a permanent basis at The Mermaid located at 2200 County Highway 10 in Mounds View; and WHEREAS, the Gambling Control Board requires that the local unit of government (city or county) pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, Community Charities of Minnesota is in compliance with all requirements of the Mounds View Municipal Code with regard to charitable gambling regulations; and WHEREAS, it is the desire of the City of Mounds View to assist in the economic prosperity of local business owners. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize Community Charities of Minnesota to conduct charitable gambling at The Mermaid located at 2200 County Highway 10. Adopted this 23rd day of July, 2007. _______________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No. 8D Meeting Date: July 23, 2007 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7125 Authorizing Disposition of Lions Passenger Bus Background: At the June 4, 2007 City Council Work Session, the use of the Lions Passenger Bus was discussed. See attached report. Discussion: Based on lack of use in recent years along with its operational costs, the City Council indicated that they would be agreeable to dispose of this bus from the City’s fleet. However, before doing so, the City Council wanted Staff to discuss this proposal with the Mounds View Lion’s Club. City Staff did discuss this proposal with representatives of the Mounds View Lion’s Club. As a result, this issue was placed on their June 21, 2007 agenda for discussion. At this meeting it was determined that the Mounds View Lion’s Club would not have an issue with the City’s proposal to remove this vehicle from the fleet. Based on this, Staff is recommending that the Lions Passenger Bus be disposed of via public auction. Proceeds from the sale would be deposited in to the City’s General Fund. Recommendation: It is recommended the Council adopt the attached resolution authorizing disposition of the Lions Passenger Bus. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7125 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING DISPOSITION OF THE LIONS PASSENGER BUS WHEREAS, at the June 4, 2007 City Council Work Session, the use of the Lions Passenger Bus was discussed; and WHEREAS, based on lack of use in recent years along with its operational costs, the City Council indicated that they would be agreeable to dispose of this bus from the City’s fleet, provided that Staff discuss this proposal with the Mounds View Lion’s Club; and WHEREAS, the Mounds View Lion’s Club discussed this proposal at their June 21, 2007 meeting and determined that they would not have an issue with the City’s proposal to remove this vehicle from the fleet; and WHEREAS, Staff is recommending that the Lions Passenger Bus be disposed of via public auction with proceeds from the sale being deposited in to the City’s General Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That the Lions Passenger Bus be disposed of via public auction. 2. That the proceeds from the sale of this bus be deposited into the City’s General Fund. Adopted this 23rd day of July 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 8E Meeting Date: July 23,2007 Type of Business: Consent Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Date: July 19, 2007 Item Title/Subject: Extension of a Conditional Use Permit at 2932 Woodale On August 14, 2006, the City Council unanimously approved a Conditional Use Permit for a new 1,176 square foot (28’w x 42’d) garage at 2932 Woodale Drive. This CUP was also unanimously supported by the Planning Commission, and there was no opposition from any neighbors. One condition of this approval was that the applicant must construct the garage within one year from the date of Council approval, unless an extension was granted by the City Council. The applicants, Brian and Laura Krystofiak, have submitted a written request for a two year extension due to unforeseen circumstances, including financial considerations. The Krystofiaks still plan to build a new garage, but would like the longer two year extension just in case they need to hold off until 2009. Recommendation Approve Resolution 7118 for a two year extension to the Conditional Use Permit for the construction of a new oversize garage at 2932 Woodale Drive. ______________________ Heidi Heller Planning Associate Attachment Letter from Brian Krystofiak RESOLUTION NO. 7118 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXTENSION OF A CONDITIONAL USE PERMIT (CUP) FOR AN OVERSIZE GARAGE TO BE LOCATED AT 2932 WOODALE DRIVE, PLANNING CASES CU2006-007 WHEREAS, Brian and Laura Krystofiak requested approval of a Conditional Use Permit to build an oversize garage on their property at 2932 Woodale Drive; and, WHEREAS, the Planning Commission approved the CUP request on August 2, 2006 (Resolution 849-06), and the City Council approved the CUP request on August 14, 2006 (Resolution 6901); and, WHEREAS, both resolutions of approval articulate a deadline of August 14, 2007, by which the garage is to be constructed or the CUP approval is to be considered null and void; and, WHEREAS, the resolutions provide for an extension mechanism which the Krystofiak’s are presently exercising. NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council, based upon its review of the written request submitted by Brian Krystofiak, does hereby grant an extension for the Conditional Use Permit approval from August 14, 2007 to August 14, 2009. Adopted this 23rd day of July, 2007. __________________________ Rob Marty, Mayor ATTEST __________________________ Kurt Ulrich City Clerk / Administrator (SEAL) Item No:8F Meeting Date: July 23, 2007 Type of Business: Council Business Administrator Review____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Our of State Training Approval for Police Chief Date of Report: 7-23-07 Background Chief Mike Sommer is required to complete 30 hours of continuing education this year to maintain his polygraph examiner certification. It is a recommended practice to maintain our staff’s level of expertise and professional certifications. Unfortunately, there is no local continuing polygraph education training available, which makes this training more expensive due to the necessity to travel. Police Chief Mike Sommer is a certified polygraph examiner and has been so for the past 16 years. Chief Sommer is one of only about 5 certified law enforcement polygraph examiners within the state of Minnesota and he is the only polygraph examiner in Minnesota to have received his original training from the instructor who is the founder and former director of the Central Intelligence Agency Polygraph Section. Chief Sommer serves as the Minnesota representative to the American Association of Police Polygraphists. Discussion Having a polygraph examiner on staff has been beneficial on many investigations in the department; most recently in June, Chief Sommer conducted a polygraph on a Mounds View case involving a sexual assault. Chief Sommer regularly attended training on a yearly basis in his previous position at Anoka County. He is now in need of obtaining a minimum of 30 hours of American Polygraph Association approved continuing education in order to maintain his certification. The American Polygraph Association holds it only annual seminar this year in New Orleans from August 19-24, 2007. The cost for the seminar is $300 if prepaid by August 10th plus the cost of hotel (approx. $99/night), travel (approx. $400) and authorized per Diem for the seminar. Other options for obtaining the required training are through the Behavioral Measures Institute in Arlington Texas from September 24-28, 2007 at a cost of $550 plus hotel and travel, or through the Backster Polygraph School in San Diego, California at a cost of $595 from November 3-7, 2007. The police department training budget is funded adequately to cover this training this year. Recommendation I recommend the City Council adopt the attached Resolution 7120 approving the out-of- state training at the American Polygraph Association Seminar held in New Orleans for the Police Chief to maintain his law enforcement polygraph examiner certification. RESOLUTION 7120 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING OUT OF STATE TRAINING FOR THE CHIEF OF POLICE WHEREAS, the Chief of Police is a certified polygraph examiner and in order to maintain this professional certification he is required to attend a minimum of 30 hours of training this year, and; WHEREAS, the City of Mounds View supports maintaining our staff’s level of expertise and professional certifications, and; WHEREAS, no local training is available to meet the training requirement therefore it is necessary to travel out of state to obtain the training, and; WHEREAS, the American Polygraph Association is holding their annual training seminar in New Orleans from August 29-25, 2007. This training seminar will meet the training requirement. It is the policy of the city that out of state training be approved by the city council. The cost for the training seminar is $300 plus the cost of the travel and hotel. The police training budget is sufficiently funded to cover the cost of this seminar this year. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the out of state travel for Police Chief Mike Sommer to attend the American Polygraph Association Seminar in New Orleans from August 19-24, 2007. Adopted this 23rd day of July 2007. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator Corrections Made by Jim Ericson, Community Developmetn Director PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 June 25, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:08 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, June 25, 2007 City Council Agenda 22 23 City Administrator Ulrich added Item 10B Executive Session Minutes for June 11, 2007, Item 24 7M Resolution 7032 Adopting Mission & Vision Statement, and requested that Item 7K 25 Nuisance Code Violation at 7626 Woodlawn Drive be deleted from the Agenda. 26 27 MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, June 25, 2007 agenda as 28 amended. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 5. PUBLIC INPUT 33 34 None. 35 36 6. SPECIAL ORDER OF BUISNESS 37 38 A. Check Presentation to Festival in the Park Committee 39 40 Darren McConnell, General Manager of Moe’s, presented a check for $500 for Festival in the 41 Park. 42 43 Council thanked them. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 2 7. COUNCIL BUSINESS 1 2 A. Public Hearing to Consider the First Reading and Introduction of Ordinance 3 793, an Ordinance Amending the Zoning Code to Eliminate References to the 4 Former Public Facilities Zoning District 5 6 Community Development Director Ericson explained that this amendment would clean up the 7 Zoning Code relative to the former public facilities zoning district. Chapter 1124, the 8 Telecommunications Chapter, was not addressed and it states that towers can be located in a PF 9 district. The PF district was eliminated in 2003 at the recommendation of Mounds View City 10 Attorney, however. 11 12 Mayor Marty opened the public hearing at 7:13 p.m. 13 14 Hearing no public comments, Mayor Marty closed the public hearing at 7:13 p.m. 15 16 Council Member Mueller suggested on amendment to include City parks and properties rather 17 than just City parks because it appears to her that towers would not be allowed on other City 18 properties unless it was a City park. 19 20 Director Ericson agreed with the proposed amendment, indicating that would be appropriate to 21 allow towers on any other City owned property. 22 23 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Introduce Ordinance 793, an 24 Ordinance Amending the Zoning Code to Eliminate References to the Former Public Facilities 25 Zoning District, as Amended. 26 27 Mayor Marty asked about the third page of Chapter 1124, regarding zoning districts and height 28 limitations and co-locations. 29 30 Director Ericson explained that the intent was to encourage multiple users on a tower rather than 31 one for each user. 32 33 Mayor Marty asked about Section 1124.05, Subd. 4, where it discusses landscaping plans being 34 approved by the forester and City Council or the Director of Community Development. He then 35 said that he would like to recommend that it be the Director of Community Development and the 36 City Forester. 37 38 Director Ericson asked whether that change could be made via the subject ordinance because this 39 hearing was regarding the PF district. 40 41 City Attorney Riggs indicated that this deals with the same Chapter and can be approved with 42 this first reading. 43 44 Mayor Marty said that he would like to add City Forester down further in the same section. He 45 Mounds View City Council June 25, 2007 Regular Meeting Page 3 then said that the Metri com wireless equipment were not removed and the section on tower 1 removal he would like to be up to the discretion of the City because the Metricom equipment 2 could benefit the City now. 3 4 Council Member Stigney said that if the tower is on City property he wonders how the City 5 would recover for removal. 6 7 City Attorney Riggs indicated that would be a clause in any lease agreement when the tower is 8 constructed and agreed to by the City. 9 10 Council would like to require a bond for removal of towers, if necessary. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 B. Public Hearing to Consider the Second Reading and Adoption of Ordinance 15 790, an Ordinance Amending Chapters 3 and 5 of the Mounds View City 16 Charter 17 18 Jonathan Thomas, Chair of the Charter commission, appeared before Council and reviewed the 19 proposed change to the Charter. 20 21 Mayor Marty said that Page 3 of 5 needs to be clarified as to the number of days for the petition 22 process. 23 24 Mr. Thomas explained that the reason that the days listed are separate is due to the total number 25 of days. He then said that there is a reason why one is 9 and one is 10 and it needs to be done 26 that way because the tasks needing to be done are different the second time. 27 28 Mayor Marty pointed out an issue with the wording in the insufficient petition section. Mr. 29 Thomas agreed. 30 31 Mayor Marty said that on Page 5 of 5, Line 210, under recall it seems confusing and he would 32 like to use official or officer but not both. 33 34 Council Member Stigney said he has a concern regarding Section 3.07 where the language was 35 changed and asked if the City Attorney is concerned with the publication dates. 36 37 City Attorney Riggs said that he is fine with it as long as Council is aware that there is the 38 possibility of a failure, through no one’s fault, that it could not be published during the 39 publication timeframes, and then the City would have to start over. 40 41 Council Member Stigney said that in Section 5.04, sufficiency of the petition, he is concerned 42 about because if the clerk administrator determines the petition does not meet the sufficiency 43 requirements, the petition and defects written shall be delivered to the sponsoring party and 44 Council within 10 days and then the petitioners get 21 days to re-file. He then said that the 45 Mounds View City Council June 25, 2007 Regular Meeting Page 4 language would allow someone to deliberately drag out the process to allow someone an 1 additional 21 days to obtain the correct number of signatures. 2 3 Council Member Stigney said that the point was to clean up the language and this section has not 4 been clarified. He then suggested adding a sentence stating that if the petition does not have the 5 required number of signatures then they will not be given additional time. 6 7 Mr. Thomas indicated that it would be difficult to legislate for that type of situation. 8 9 Council Member Stigney said that in the Flow Chart, in the third box it asks within 180 days to 10 deliver all the required information to the clerk administrator that references Section 5.06 and he 11 sees no correlation to the 180 days. 12 13 Mr. Thomas indicated that was a change that was made and that needs to be added to Section 14 5.06. 15 16 Council Member Stigney said that Section 5.05 should be clarified on petitions and measures. 17 He then said that the intent in the flow charts help clarify but he still has the concern about 18 adding language to clarify an option that the petition does not proceed through the process if it 19 does not have the right number of signatures. 20 21 Mayor Marty opened the public hearing. 22 23 MOTION/SECOND: Mueller/Hull. To Continue the Public Hearing to the July 9, 2007 Council 24 Meeting. 25 26 Council Member Stigney would like to have Director Ericson’s comments and concerns 27 reviewed and addressed. 28 29 Mr. Thomas indicated that they have discussed them or determined that they were beyond the 30 scope of what is being done now. He then pointed out that this is a substantial change. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 C. Public Hearing to Consider Resolution 7103, for an Off Sale 3.2 Malt Liquor 35 License Renewal for SuperAmerica Located at 2640 County Road I in 36 Mounds View 37 38 Assistant to the Administrator Crane explained that SuperAmerica had contemplated not 39 renewing its 3.2 Malt Liquor License but, has decided to renew. All required application 40 materials have been submitted and all required reviews done. Staff recommends receiving public 41 comment and approval of the renewal. 42 43 Mayor Marty opened the public hearing at 7:55 p.m. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 5 Hearing no public comment, Mayor Marty closed the public hearing at 7:55 p.m. 1 2 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7103, 3 for an Off Sale 3.2 Malt Liquor License Renewal for SuperAmerica Located at 2640 County 4 Road I in Mounds View. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 D. Public Hearing to Consider Resolution 7092, Off Sale Intoxicating Liquor 9 License for Vino and Stogies Located at 2345 County Road H2 10 11 Chief Sommer explained the situation with the residence and the liquor store within the same 12 building. 13 14 City Administrator Ulrich indicated that it is recommended that the City approve a liquor license 15 with the conditions listed. He then read the conditions required, one of which was closing off the 16 interior access point from the residence to the liquor store portion of the structure. 17 18 Robert Waste, owner of Vino and Stogies, explained that there is a back door behind the counter 19 of the liquor store that goes into a common area of the building with steps to a restroom and then 20 there is a locked door going to a store room and another locked door to the residence. He then 21 said that removing access would eliminate access to the circuit breakers and the restroom. 22 23 Mr. Waste provided the alarm records to the Council. He then said that it shows that they opened 24 and closed and there was no reentry into the liquor store on the night in question. 25 26 Mr. Waste reviewed the results of the alarm records with the explanation of the time 27 discrepancies due to the failure to reset the time on the keypad due to power failures. 28 29 City Administrator Ulrich asked if this covers the common area door. 30 31 Mr. Waste indicated that it does. 32 33 Hearing no public comments, Mayor Marty closed the public hearing at 8:10 p.m. 34 35 Council Member Mueller thanked Mr. Waste for the alarm system information. She then said 36 that on May 26, 2007 there are several opening and closings at an odd time of the day and she 37 would like an explanation as to why. 38 39 Mr. Waste explained that would come out to be a Sunday and sometimes he goes in, does 40 banking, leaves and comes back to fill the beer coolers. 41 42 Mr. Waste indicated now that he is aware of the timing situation he will know to reset the time if 43 there is a power outage. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 6 Mayor Marty said that the Chief and the City Attorney spoke regarding this situation, and he is 1 comfortable with the Resolution closing off the interior access point. 2 3 Council Member Flaherty said that he was hoping that closing off the interior access points 4 would resolve this issue. He then said that he would like to see some kind of separation from the 5 residence and the liquor store. He further suggested considering another circuit breaker. 6 7 Mr. Waste indicated it would be almost impossible and/or very expensive. 8 9 Council Member Flaherty asked if Mr. Waste’s brother has the code, key, or access to the liquor 10 store. 11 12 Mayor Marty said that this was not a one time occurrence at the property and it was advertised to 13 occur again. 14 15 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7092, 16 Off Sale Intoxicating Liquor License for Vino and Stogies Located at 2345 County Road H2 as 17 Amended to Remove Item 1. 18 19 Council Member Stigney said that Mr. Waste is aware that any further issues at the premise 20 address could result in a revocation. 21 22 Mayor Marty read Condition 1 which is that no further illegal conduct at the structure in which 23 the licensed premise is located, and Condition 2 further investigation by the City shall continue 24 as to any other illegal activities at the licensed premise. 25 26 Council Member Flaherty said that he is willing to go along with this but he would like the Chief 27 to go in and verify the locks and access. 28 29 Mr. Waste agreed. 30 31 Mayor Marty asked whether it has been verified that the interior door to the common space is 32 alarmed. 33 34 Mr. Waste indicated that the three doors are all on the alarm system. 35 36 Council Member Mueller said that people have really been following this situation. She then 37 said that there is a lot of interest in this story. She further said that the establishment has past its 38 compliance checks and she is glad of that. 39 40 Council Member Mueller indicated that she is a landlord as well and it is difficult to control what 41 the occupant is doing in their private space. She then said that one thing she asked about was 42 whether there was a way to prove the space is secured and she is thankful for the alarm 43 information. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 7 David Jahnke said that she (Council Member Mueller) works for a competitor of that liquor store 1 and he would like a legal opinion as to whether this would be a conflict for her. 2 3 City Administrator Ulrich responded that Council Member Mueller does not have any direct 4 financial gain from this so it would not be a conflict. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 E. Second Reading and Adoption of Ordinance 791, an Ordinance Adopting the 9 Five Year Financial Plan 10 11 Finance Director Beer explained that the Five Year Financial Plan is a tool that can be used by 12 the City and it is required by the Charter. 13 14 MOTION/SECOND: Mueller/Hull. To Waive the Reading, and Adopt Ordinance 791, an 15 Ordinance Adopting the Five Year Financial Plan and Approve the Ordinance Summary. 16 17 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 F. Resolution 7100, Approving the Final Plat for the Subdivision of 8360 Long 22 Lake Road 23 24 Planner Heller reviewed the subdivision of 8360 Long Lake Road, a 1.5 acre parcel proposed to 25 be split into three lots of half an acre in size. The property is zoned R1 and it would continue to 26 be zoned R1. 27 28 Planner Heller indicated that the subdivision is consistent with the Comprehensive Plan, there are 29 no wetlands on the property, and the local water management plan primarily indicates drainage 30 areas and building pad locations. She also indicated that easements are in place and existing 31 easements should not affect what new property owners would want to do. 32 33 Planner Heller indicated that the only difference in the Final Plat is that the title company found a 34 10 foot easement to NSP from 1975 that overlaps the 45 foot drainage easement but it is far 35 enough back and will be left in place. 36 37 Planner Heller indicated that all three lots front Long Lake Road. A park dedication fee will be 38 based on 2/3 of the land value as there is one existing home on the lot. The amount has been 39 communicated to the Applicant and will need to be paid prior to signing off on the Final Plat. 40 41 Planner Heller explained that sewer pipes were installed fairly deep and there will need to be an 42 agreement among the three property owners and they will probably have to share a sewer 43 connection and public works is aware of if and will work with the new property owners. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 8 Council Member Flaherty asked if the other two lots have been sold. 1 2 The Applicant indicated that they intend to finish the inside of the home and sell it and then to 3 sell each lot individually. 4 5 Mayor Marty said that he thought this was done already. He then said that he likes the fact of 6 trying to keep some of the trees, if possible, to build and construct around them. 7 8 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7100, 9 Approving the Final Plat for the Subdivision of 8360 Long Lake Road. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 G. Resolution 7079, Approving the Purchase of a New Postage Machine 14 15 Assistant to the Administrator Crane outlined the quotes for the new postage machine for 16 Council. Staff explained that the quotes provided at the work session have changed because the 17 Post Office only makes a 10 pound and 30 pound scale and the 30 pound scale is very expensive. 18 19 Assistant to the Administrator Crane reviewed the quotes and noted that Staff would like to 20 purchase the machine from Minnesota Mailing Solutions as the City has been using Pitney 21 Bowes for over 10 years and Staff would like to use another company as they have had very poor 22 customer service from Pitney Bowes. 23 24 Council Member Stigney asked if Staff asked Minnesota Mailing Solutions to beat the quote. 25 26 Assistant to the Administrator Crane said that she could do that but has spent a lot of time 27 negotiating already. She then said that Staff would be without a postage machine for a couple of 28 weeks if asked to delay. 29 30 Council Member Mueller said that it is difficult to meet or beat when the first company will not 31 specifically state what the price will be. 32 33 Council Member Mueller asked if the postage machine will be depreciated as a capital 34 improvement. 35 36 Finance Director Beer indicated that is correct and it will depreciate about $800 per year. 37 38 Council Member Hull asked how many service calls there are per month. 39 40 Ms. Crane indicated it is at least once a week now. 41 42 Council Member Flaherty said that as soon as you start shopping quotes then people will not 43 quote you. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 9 Council Member Mueller asked which unit the Staff would prefer. 1 2 Assistant to the Administrator Crane said that she would like to go with Minnesota Mailing 3 Solutions because, if she wants to add a piece of equipment to the one she has, she would only 4 have to buy it rather than going out for quotes. 5 6 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7079, 7 Approving the Purchase of a New Postage Machine from Minnesota Mailing Solutions as 8 Recommended by Staff. 9 10 Council Member Stigney said that, as a general rule, anytime you are looking at changing 11 something a call should be made to ask them to meet the quote or ask to lower the bid. 12 13 City Administrator Ulrich indicated that Staff would attempt to do so with any future contracts. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 H. Resolution 7099, Step Increases for Don Burda, Full Time Temporary 18 Building Inspector 19 20 City Administrator Ulrich read Resolution 7099. 21 22 MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7099, Step Increases for Don 23 Burda, Full Time Temporary Building Inspector. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 I. Resolution 7102, Authorizing Use of Neighborhood Dispute Services 28 29 City Administrator Ulrich indicated that the Police Department brought this up as an alternative 30 dispute resolution service that can assist with neighborhood disputes. 31 32 Council Member Stigney said that in the Resolution it states that there is a contract in an amount 33 not to exceed $500.00. He is wondering if the City will have to pay the $500.00 if the services 34 are not needed. 35 36 City Administrator Ulrich said that it would be an hourly situation and not a retainer. He then 37 said that the amount is for approximately one session. 38 39 Council Member Stigney asked who would be asked to go to this session. 40 41 City Administrator Ulrich indicated that he would ask the owners and renters in this case. 42 43 Mounds View City Council June 25, 2007 Regular Meeting Page 10 Council Member Stigney said he would like them all there so that the mediation has a chance to 1 work. He then said that there have been violations and he would like to know if fines have been 2 paid. 3 4 Community Development Director Ericson indicated that Staff has notified the tenants that if 5 they park in the yard they will be cited. 6 7 Council Member Stigney indicated that he would like a list of violations and a breakdown of the 8 ones that have been cited and paid and those that are still outstanding. 9 10 Council Member Hull said that he would like to know whether the actual owner has been 11 contacted. 12 13 Community Development Director Ericson indicated that Staff does not have their contact 14 information but Staff will research how to get in contact with them. He then said that the owners 15 may not be able to attend a mediation session but they will be invited and encouraged to attend. 16 17 Council Member Stigney said that he is curious as to why there are so many vehicles at the 18 location since Staff has explained that there can be two borders at the location. 19 20 Director Ericson said that Staff will attempt to monitor the location and determine, as best as 21 possible, who is living at the location. 22 23 Council Member Flaherty said that this seems like it would be a good service. He then said that 24 there was someone who came to a meeting and suggested that neighbors talk to each other and 25 this would be a way to assist them with talking to each other. 26 27 Council Member Flaherty said that the cost for the services seems ambiguous and he would like 28 to clarify the amounts. 29 30 David Jahnke said that he does not think that when this type of thing is going on that they will sit 31 down and discuss it. But, if they do, then he would be worried there would be retaliation. 32 33 Council Member Hull said that he does feel that this can work in some neighborhoods. 34 35 MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7102, 36 Authorizing Use of Neighborhood Dispute Services. 37 38 Council Member Mueller said that in other cities there is a fee to rent the building and that 39 includes a yearly inspection. She then said that she is disappointed that the permit to rent the 40 property was limited to multifamily residences and did not include single family residences. 41 42 Council Member Mueller said that she could not support this for this particular instance but, she 43 does think that to free up officer time, she would like to utilize this service for other 44 Mounds View City Council June 25, 2007 Regular Meeting Page 11 neighborhood disputes. She then said that she does not think that it would work with this 1 situation because she does not think that they will come to the table to discuss it. 2 3 Community Development Director Ericson explained that, to his knowledge, the people renting 4 the home are not related to the property owner. 5 6 Council Member Stigney said that he does not think that mediation will work for this instance. 7 8 Mayor Marty said that Staff has been trying to work on this situation and have been doing their 9 best and the neighborhood is up in arms over it and the people seem to have no regard for anyone 10 other than themselves. 11 12 Council asked Staff to add this to the work session agenda and to invite the neighbors, renters, 13 and homeowners to the meeting. 14 15 Mayor Marty withdrew his motion and directed Staff to add this to the work session discussion. 16 17 Community Development Director Ericson asked if the Council is interested in talking about 18 multifamily rental licensing and noted that the City does not require licensing for single family 19 rentals. 20 21 Council agreed. 22 23 J. Resolution 7105, Awarding a Construction Contract for the 2007 Seal Coat 24 Project 25 26 Public Works Director Lee reviewed the bids for the 2007 Seal Coat Project. He then said that 27 this is a joint project with the City of Spring Lake Park and 63.6% would be the Mounds View 28 share of the project. Staff recommends awarding the contract to the low bidder for the seal coat 29 project. 30 31 Council Member Mueller said that there was some discussion about timing on this project. 32 33 Public Works Director Lee said that this is at the upper end at about 8 years. 34 35 Council Member Mueller asked whether the City has done business with this low bidder. 36 37 Public Works Director Lee indicated that the City has not but other cities have and have had no 38 issues with them. 39 40 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7105, 41 Awarding a Construction Contract for the 2007 Seal Coat Project. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 12 K. Resolution 7107, Abatement of a Nuisance Code Violation at 7626 Woodlawn 1 Drive 2 3 This item was removed from the Agenda as the violation had been eliminated. 4 5 L. Resolution 7108, Adopting the Global Release and Settlement Agreement, 6 Including Approval of Various Leases 7 8 City Administrator Ulrich indicated that Staff is asking for an extension to the July 9, 2007 9 meeting to allow Staff time to negotiate a final agreement. 10 11 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7109, 12 Extending the Original 90 Day Deadline An Additional 10 Days to July 9, 2007. 13 14 Council Member Mueller said that she hates extending deadlines both personally and 15 professionally but, in this case, she feels that an extension is necessary. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 M. Resolution 7033, a Resolution Adopting the Vision & Mission Statement, 20 Goals Program and Values Statement, and Rules of Conduct 21 22 Mayor Marty pointed out that these were discussed at the City’s Town Hall Meeting. 23 24 Council Member Stigney indicated that he would like to consider each of the items separately. 25 26 MOTION/SECOND: Marty/Mueller. To Adopt the City’s Vision & Mission Statement. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 MOTION/SECOND: Flaherty/Mueller. To Adopt the City’s Goals Program. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 MOTION/SECOND: Hull/Flaherty. To Adopt the City’s Values Statement. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 MOTION/SECOND: Mueller/Hull. To Adopt the City’s Rules of Conduct. 39 40 Council Member Stigney said that this states Council Members praise in public and criticize in 41 private. He then said that there was an issue in another City that he recently read about in the 42 paper where a Council Member was reprimanded by the Council for speaking to an employee. 43 He further said that the individual members have no authority individually as it must be the 44 whole Council. 45 Mounds View City Council June 25, 2007 Regular Meeting Page 13 1 MOTION/SECOND: Stigney/Mueller. To Amend to Delete Rule Number 8. 2 3 Council Member Flaherty said that this is an agreement to not chastise residents or staff in public 4 at a public meeting and that is what this is meant to prohibit and that is a good rule of conduct. 5 6 City Attorney Riggs indicated that the City needs to be cautious as to how an employee may 7 interpret something that was said and/or the issue of limiting anyone’s First Amendment right to 8 free speech. 9 10 Ayes – 4 Nays – 1(Marty) The Amendment to the Motion was approved. 11 12 13 Ayes – 5 Nays – 0 The Amended Motion carried. 14 15 8. CONSENT AGENDA 16 17 A. Licenses for Approval 18 B. Resolution 7104, Approving Revision to Code Enforcement Standard 19 Operating Guideline 05-08, Inspection of Vacant Buildings 20 C. Resolution 7106, Amending the 2007 Cable Fund and Special Projects Fund 21 Budgets and Authorizing Transfer of Funds 22 23 Council Member Mueller requested that Item C be removed for discussion. 24 25 MOTION/SECOND: Mueller/Stigney To Approve Consent Agenda Items 8A and 8B as 26 presented. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 C. Resolution 7106, Amending the 2007 Cable Fund and Special Projects Fund 31 Budgets and Authorizing Transfer of Funds 32 33 Council Member Mueller said that she does not like fund transfers as the funds should be used 34 for what they were collected for. She then said, for the record, the Council needs to weigh these 35 decisions and not take fund transfers lightly. 36 37 Mayor Marty said that he was under the impression that the City had already done this because it 38 was discussed by the Council. He then explained that this was $12,563 for a special roof 39 mounted air conditioner for the cable room to keep the cable equipment cool and it was 40 determined at that time that, since this was a cable necessity, the City would charge that to the 41 Cable Fund. He then said that he just recently discovered that Council had not taken action to do 42 so. 43 44 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7106, 45 Mounds View City Council June 25, 2007 Regular Meeting Page 14 Amending 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 9. JUST AND CORRECT CLAIMS 5 6 Council Member Mueller asked about Certified Laboratories for graffiti removal not in response 7 to a specific location. 8 9 Finance Director Beer explained it is for special supplies to remove graffiti but there was no 10 location for it. 11 12 Council Member Mueller asked if the fire alarm service is for testing. 13 14 Finance Director Beer explained that it is for charging of fire extinguishers and annual testing. 15 16 Council Member Mueller asked about an item on Page 9, $4,120, prosecution services. She 17 wanted to know if it is recovered in administrative fines when the litigation is completed. 18 19 Finance Director Beer indicated that, generally, the fees are high enough to cover prosecution 20 costs. 21 22 Council Member Mueller said that it appears on Page 24 and 25 under the Xcel Energy billing 23 that there is a bill for the community center for electric and gas and then there is another 24 community center electric bill. 25 26 Finance Director Beer explained that there is more than one meter. 27 28 Council Member Mueller said that the electric bill was about $4,000 for the Community Center 29 in June. 30 31 Finance Director Beer indicated that it was. 32 33 Mayor Marty asked if on Page 11, the Silver Lake Road project was for the easements. 34 35 City Attorney Riggs said that he believes it was. 36 37 Mayor Marty asked what the County Road I billing was for. 38 39 City Attorney Riggs indicated that is The Station and that will be reimbursed by them. 40 41 MOTION/SECOND: Flaherty/Mueller. To approve the Just and Correct Claims as Presented. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 Mounds View City Council June 25, 2007 Regular Meeting Page 15 1 10. APPROVAL OF MINUTES 2 3 A. May 29, 2007 City Council Meeting Minutes 4 5 Mayor Marty requested the following change: On Page 2, third paragraph correct the spelling. 6 Ericson indicated it was corrected further down and that one will be amended as well. 7 8 Council Member Mueller explained her change that she had submitted to Staff. 9 10 Council Member Mueller said that the last statements Mr. Ericson was going to check into it and 11 report back so that should be added in. 12 13 Council Member Stigney said that he had submitted corrections. 14 15 Mayor Marty asked Staff to check on Page 3 the votes for the motion, and On Page 5, check who 16 seconded the motion to table Resolution 7033. 17 18 Council Member Mueller explained that the motion was withdrawn later in the discussion. 19 20 MOTION/SECOND: Marty/Mueller. To Approve the May 29 , 2007 City Council meeting 21 minutes as corrected. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 B. June 11, 2007 Executive Session 26 27 MOTION/SECOND: Flaherty/Hull. To Approve the June 11, 2007 Executive Session Minutes 28 as Presented. 29 30 Ayes – 5 Nays - -0 Motion carried. 31 32 11. REPORTS 33 34 A. Reports of Mayor and Council 35 36 Mayor Marty said that he talked to Staff today about a watering ban due to the hot and dry 37 weather. 38 39 Mayor Marty said that if the City violates its energy saving agreement with Xcel it will cost the 40 City $20,000 so he would like to discuss this at the next work session. 41 42 Council Member Mueller thanked the residents for the calls and letters and said that she 43 appreciated the input. 44 45 Mounds View City Council June 25, 2007 Regular Meeting Page 16 Council Member Mueller thanked Moe’s for the $500 donation to the Festival in the Park and the 1 Staff and Council Members and Mayor who were brave enough to be in the dunk tank. 2 3 Council Member Mueller encouraged people to read the wonderful article on page 26 in the June 4 21st edition of the Sun Focus regarding the design a t-shirt contest for the Festival in the Park. 5 6 Council Member Mueller noted that the car and tractor show registrations are due and there are 7 free goodie bags for the first 100 cars registered. 8 9 B. Reports of Staff 10 1. Fire Inspection Update 11 12 City Administrator Ulrich noted that this was in regard to restaurant licenses to be renewed and 13 there were two that need updated fire inspections and Staff believes they are coming into 14 compliance. 15 16 City Administrator Ulrich noted that Staff put together a list for the cable control room and Staff 17 is trying to have the cable staff go through the check list to help eliminate any issues with 18 production. 19 20 City Administrator Ulrich said that he would like to see if the City could use some Staff from 21 CTV to help with some of the technical issues the City has been experiencing. He then said that 22 he could bring back the figures for what it would cost for part time help. 23 24 City Administrator Ulrich indicated that the Ramsey County Fair is July 11 – 15, 2007 with City 25 Day being July 14. 26 27 Community Development Director Ericson indicated that the Comprehensive Plan Task Force 28 will meet July 18, 2007 and Staff will bring a Resolution formalizing the appointments to the 29 task force to the July 9, 2007 meeting. 30 31 Director Ericson indicated that interviews were conducted for the EDA position and he is hoping 32 to have a candidate for Council consideration at either the July 9 or July 23, 2007 Council 33 meeting. 34 35 C. Reports of City Attorney 36 37 None. 38 39 12. Next Council Work Session: Monday, July 2, 2007, at 7 p.m. 40 Next Council Meeting: Monday, July 23, 2007, at 7 p.m. 41 Mounds View City Council June 25, 2007 Regular Meeting Page 17 1 13. ADJOURNMENT 2 3 The meeting was adjourned at xxxx p.m. 4 5 Transcribed by: 6 7 8 Joan Lenzmeier, Recording Secretary 9 TimeSaver Off Site Secretarial, Inc. 10 Item No: 11(b)1 Meeting Date: July 23, 2007 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Review Potential Acquisition of the property at the Southwest Corner of Woodcrest Drive and Silver Lake Road Introduction: The Pproperty owner, Amelia Sullivan, has contacted City staff and expressed an interest in selling her property, either to the City or to a developer. The 1.5 acre lot is certainly large enough to support a home (or two) however 75% of the lot is covered in wetland and the remaining area is within the buffer. Builders and developers have inspected the property over the years and all have concluded that the lot is either unbuildable or not economically feasible to do so. Discussion: Mrs. Sullivan continues to pay taxes on the lot and recently had to have a number of trees taken out at the direction of City Forester Wriskey, at great expense to her. In conversation with Mrs. Sullivan, I explained that the City had looked at her lot as the potential location for a stormwater management pond. Public Works Director Greg indicates the City remains interested from that standpoint. Given Mrs. Sullivan’s interest in selling the parcel, a city acquisition would seem to make sense at this time. The acquisition would retain our ability to utilize the land for stormwater management needs and as an overflow area for Woodcrest Park. The secondary benefit would be to preserve the majority of the heavily wooded site and ensure continued animal habitat and green space. Acquisition could be funded through one of three sources—tax increment financing, stormwater management or the park dedication fund. Staff has discussed this internally and would recommend either the stormwater management fund of the TIF reserves. An acceptable purchase price has not been communicated to the City however the 2007 Ramsey County assessed value is $34,900. Included with this report is an excerpt from the 2005 Street Improvement Project report prepared by BRAA directly relating to this parcel. In addition, attached is a wetlands map and a parcel map for your review. Sullivan Lot July 23, 2007 Page 2 Recommendation: Staff seeks direction from the Council as to whether it would support acquisition of this parcel for the purposes of stormwater management. If so, staff would meet with the owner and negotiate an offer which would be brought back to the City Council for consideration. Respectfully submitted, ________________________ James Ericson Community Development Director Attachments: 1. 2005 Street Improvement Project Report excerpt 2. Parcel Map 3. Wetland Zoning Map South boulevard of Woodcrest Drive at Silver Lake Road a. Storm water runoff at this location discharges directly from the street into an open ditch along the west side of Silver Lake Road. The ditch then discharges directly into Spring Creek at a location approximately 200 feet to the south. There is no water quality treatment prior to the creek. b. In addition to the runoff from Woodcrest Drive, a storm sewer pipe from Silver Lake Road, which is under the jurisdiction of Ramsey County, also discharges into the open ditch, just south of Woodcrest Drive. This storm water from the County Road also enters the creek with no treatment. c. A vacant single family lot exists at this location. There is a question as to whether or not it is buildable, due to existing low areas. However, the current owner has not yet investigated that question, nor have they given any indication of desire to sell the property. d. Construction of a storm water pond to treat the runoff from Woodcrest Drive, of size in accordance with the Watershed District rules, would require the acquisition of a portion of the vacant lot. However, even if this were done, the discharge from the County storm sewer on Silver Lake Road would continue to enter directly into Spring Creek with no treatment. e. The findings yielded from the investigation performed for this project would indicate that the most appropriate long-term approach to this situation is for the City and County to monitor the status of this lot. If the owner becomes interested in selling, the City and County could enter an agreement to acquire the property and construct a joint storm water quality pond of sufficient size to accommodate both the City and County storm sewer flows at this location. f. Such an acquisition of the vacant lot and development of a joint storm water feature is beyond the scope of this project to rehabilitate Woodcrest Drive. It is more appropriate to be addressed under a separate action jointly entered into by both the City and County. g. However, as part of this 2005 Street Improvement Project, there is space available within the public right-of-way along the south side of Woodcrest Drive. While a pond that meets the volume requirement of the Watershed District can not be achieved, a pond can be installed that maximizes the use of the land available at this time. Construction of such a feature is proposed as part of this project. Potential Acquisition - SW Corner, Long Lake Road and Woodcrest Dr. Property owned by: Amelia Sullivan Property ID #: 07-30-23-34-0035 2007 County value: $34,800 Land area: 1.51 acres Natural Characteristics: Wooded, sloping topo, Spring Creek originates on parcel, Woodcrest Park drains into this lot Purpose: Woods & wetlands preservation and stormwater management \\trout\CommDev\Users\JIME\Comm Dev Stuff\Sullivan Property Acquisition.doc WETLANDS WETLANDS WETLAND BUFFER AREASWetland Zoning Map – Amelia Sullivan Property Amelia Sullivan Property WETLANDS C:\Documents and Settings\jim.ericson\Desktop\Sullivan Wetland Map.doc WETLANDS WETLANDS WETLAND BUFFER AREASWetland Zoning Map – Amelia Sullivan Property Amelia Sullivan Property WETLANDS C:\Documents and Settings\jim.ericson\Desktop\Sullivan Wetland Map.doc