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HomeMy WebLinkAboutVarious Correspondence DUNN , Phone: (612) 784-3055 EY Fax: (612) 784-3462 1 "Quite Simply the Best" February 14, 1995 The Honorable Joan Growe Secretary of State's Office 180 State Office Building St. Paul, MN 55155-1299 Dear Secretary of State Growe: Please file the enclosed Charter Amendment, which adds Section 4.02 Term Limits to Mounds View's Home Rule Charter. Please sign and date the enclosed receipt and return to the City of Mounds View. Sincerely, CITY OF MOUNDS VIEW - ,___ .1- , p-- C( LL-, _-' _____ ___, 6,_ Sanj ntha Orduno City Administrator °oinniic 2401 Highway 10 • Mounds View, MN 55112-1499 r ♦ Equal Opportunity Employer 1 00°.recyc:ed paper Section 4.02 SUBDIVISION 2. TERM LIMITS. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Councilmember combined. SUBDIVISION 3. Service before January 1 , 1995 shall not count toward determining total length of service. SUBDIVISION 4. SEVERABILITY. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. • Please return to the City of Mounds View, 2401 Highway 10, Mounds View, Minnesota, 55112. On this day of , 1995, the Secretary of State's Office received and filed Mounds View's Home Rule Charter Amendment which added Section 4.02 Term Limits to the Mounds View Home Rule Charter. Signed by: � (Title) Date 2ituhez k CERTIFICATE State of Minnesota ) County of Ramsey )ss. City of Mounds View) I, Samantha Orduno, City Administrator of the City of Mounds View, Minnesota, hereby certify that a general election was held on November 8, 1994 and that the following Charter amendment was considered by the voters of the City of Mounds View: Section 4.02 was amended to add the following provisions: Subdivision 2. Term Limits. Not withstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the office of City Councilmember combined. Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. Subdivision 4. Severability. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. I further certify that the vote count for the Charter amendment was as follows: City Charter Amendment Ayes Nays 2927 1016 Dated this 21 day of February, 199 Vito �/�... Samantha Srduno City Ad r• nistrator i of Mounds View, Minnesota r STATE E CF MINNESOTA) 55. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified Clerk/Deputy Clerk of the City of Mounds View, Minnesota. hereby certify that I have carefully compared the attached and foregoing with the crginal thereof on file in my office, and the same is a full, true and complete copy thereof, insofar as the same relates to: resolution No. 4656 Canvassing Election Results of November 8, 1994 General Election WITNESS MY HAND offically as such Clerk/Deputy and the corporate seal of the City of Mounds View this21 day of February , 19 95 (SEAL) i, // 0,14 . , ,..., Deputy Clerk RESOLUTION NO. 4656 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CANVASSING ELECTION RESULTS OF NOVEMBER 8, 1994 GENERAL ELECTION Whereas, a general election was held on November 8, 1994; and Whereas, the results of this election are as follows : MAYOR PRECINCT 1 TOTAL Jerry Linke 1991 Sherie Roder 477 Phyllis Blanchard 638 Richard Oman 970 COUNCILMEMBER Sue Hankner 1547 Diane Wuori 782 Dan Nelson 1118 Lee Trotta 831 Julie Trude 1960 Leon Burton 900 CITY CHARTER AMENDMENT Yes 2927 No 1016 NOW, THEREFORE, BE IT RESOLVED that Jerry Linke is certified as being elected Mayor of the City of Mounds View and Sue Hankner and Julie Trude have been elected Councilmembers of the City of Mounds View. NOW, THEREFORE, BE IT RESOLVED section 4 . 02 of the Mounds View City Charter has been Amended to add the following provisions . Subdivision 2 . Term Limits . Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight total years in the office of Mayor or in the offices of City Councilmember combined. Subdivision 3 . Service before January 1, 1995 shall not could toward determining total length of services . Subdivision 4 . Severability. If any part of this section shall be declared unconstitutional by court, all other shall remain in full force and effect. V Page Two Resolution No. 4656 Adopted this 9th day of November, 1994 ATTEST: (12o..77,1 / Mayor (SEAL) -77a-Y�;f� '�� {� U`-- City Administrator Charter Commission Members - 1995 1. Chair Russ Warren 786-3591 8044 Greenwood Dr. 2. Vice Chair Laurie Schley 785-1112H /227-9774W 8423 Knollwood Dr. 3. 2nd Vice Chair/Secretary Richard Oman 786-6679 8205 Groveland Rd. 4. Virgil Beyer 784-7603 27451 Co. Rd. J 5. Len Burgers 784-8788H / 544-9131W 8470 Knollwood Dr. 6. Jerry Linke 786-4696 2319 Knoll Dr. 7. Dave Long 784-1349 7749 Knollwood Dr. 8. Duane McCarty 784-6074 8060 Long Lake Rd. 9. Jean Miller 786-3959 2291 Hillview Rd. 10. Rhonda Smieja 784-0366 5298 St. Stephen 11. Roger Stigney 786-3156 8400 Eastwood 12. Julie Trude 780-1854 8391 Knollwood Dr. 13. Bill Werner 784-3603 2765 Sherwood Rd. 14. Ruth White 784-3075 2917 Co. Rd. I 15. Bill Wilson 780-9114H /298-6247W 2396 Pinewood Circle PROPOSED AMENDMENT CHARTER COMMISSION BY-LAWS ARTICLE II, SECTION 7 Currently reads: Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be elected from among the members of the Commission at the first meeting after November 1st in even-numbered years, and shall hold office for two years or until their successors are elected and qualified. The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. No officer shall be eligible to hold more than two consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. The last elections were held on January 12, 1993. Elections were held because the chair was following past practice of holding elections after two years service. No by-laws were found and they were being prepared at that time. The proposal was for elections annually at the annual meeting. This proposal was replaced with one which is in the current by-laws. As the by-laws read an election must occur in an even-numbered year. To conform to the apparent intent of the by-laws, an amendment is necessary in order to hold elections in odd years or after officers have served a two-year term. I recommend the following amendment: Elections. The Chair, Vice-Chair, Second Vice-Chair and Secretary shall be elected from among the members of the Commission at the first meeting in odd-numbered years and shall hold office for two years or until their successors are elected and qualified. . . . Submitted by Julie Trude To:Mounds View Charter Commission From:Russell A. Warren,Commission Chair Date:November 8, 1995 ANNUAL REPORT One of my duties as chairman of the Charter Commission is to submit to the commission an Annual Report in which I report our activities and accomplishments for the past year.This is my report for the period of January, 1995 to November, 1995. We have gathered as a Commission a number of times in the past year to continue our in depth review of the Charter. We have identified three areas of specific concern which various members have drafted amendment language:namely,in Article V.,which we have called"Burden of Proof', in Article VIII.,in which the Commission appears to be in agreement about changes in procedures for special assessments;and finally,a general rewrite of the Charter which we continue to the present in which we identify individual instances of vagueness of wording or"legalistic" language.My opinion is that we are drawing near to a conclusion of the issues before us. I recommend that we continue our rewrite. I recommend,however, that when an area of concern is discovered,that a specific suggestion be forthcoming from the person or group voicing the concern so that the Commission can discuss the two or three choices. We should, in my opinion,be oriented toward proposals. I further think that we ought to work toward putting before the electorate any changes we choose.A general election in 1996 may seem to us to be a long ways away;however, when one thinks of hearings,filings,and other electoral necessities,we really have only six or seven months to get our work done in time. I look forward to continue working with all of you. Commission Officers and Members: Chair Russ Warren,' Vine Chair Laurie Schley, 2nd Vice Chair/Secretary Richard Oman, Virgil Beyer, Len Burgers, Jerry Linke, Dave Long, Duane McCarty, Jean Miller, Rhonda Smeija, Roger Stigney, Julie Trude, Bill Werner, Ruth White, Bill Wilson. No Commission Members term expires in 1995. Respectfully Submitted, RAW:ro FROM : Public Strategies Group PHONE NO. : 612 292 1482 May. 31 1995 7SCHLEP 40;-, q„.„.,:, ,.: , !. ,,,,,,9; ,. ..;,t. 7...,,r1t • v,.. • • • May al,19" TO: Mounds View Charter Commission Members 1 PROM: Laurie Ohmann Schley ( .' SUET: Process for Amending the Charter The process for amending a charter is regulated by Chapter 410.12 of State law. It provides these alternative methods for amending the charter: 1) The charter commission may propose amendments to the charter upon the Q petition of voters (5% of city votes cast in last state general election). Amendments are then put to vote at a general or special election. 2) The ci council may propose charter amendments to the voters by ordinance. Any ordinance proposing an amendment shall be submitted to the charter commission and then put to vote at a general or special election. 3) The city council may enact a charter amendment by ordinance upon the recommendation of the charter commission. This method requires publication of proposed amendments, a public hearing and unanimous adoption by the council. Therefore, I propose that the Mounds View Charter Commission adopt the ,_ 4-441":61,4--- '',5' 5 following process for amending the current charter: Go through the chapters of the charter and segment according to where we /111 have agreement and where we don't. ' b c` Put forward to the City Council for unanimous adoption (as per option 3 FcidAll above), those chapter amendments where we are in unanimous agreement bychapter for those chapters where we largely made cosmetic language �.ti (i.e.. . p p 8 Y ft' changes and/or believe we have unanimous council support). c) Decide whether to put remaining amendments to voters for approval at election (option 2) or to the Council for unanimous adoption (option 3). I expect that we will need to put some amendments on the ballot for voter approval,e.g. Chapters 5 and 8. d) Hold a public hearing in advance to: i) highlight those amendments being proposed for unanimous adoption of council; and, ii) discuss and gain input on those major amendments which will be put to vote at a general or special election. III .V/A/tz Lai, - �,lYi'to ol��k .: gig Duane McCarty 7 (612) 784-6074 Zi 5/31/95 MCCARTY • Report of the Sub-Committee on Chapter 8 Mounds View Charter Commission To: Chairman Russ Warren Charter Commissioners Date: May 31 , 1995 From: Sub-Committee on Chapter 8 Re: Committee meeting of May 24, 1995 Sub-Committee members attending were: McCarty, Wilson, and White. Commissioners Beyer and Miller also attended. The Mounds View Charter Commission assigned duties to various sub-committees on May 1 6, 1995. The Sub-Committee on Chapter 8 revisions met on the above mentioned date. The following recommendations are forwarded by unanimous vote 1110 of the Sub-Committee: 1. Reconsider the exclusion of petitioner "withdrawal rights" now held in 8.04 Subd. 1 of the existing Charter. 2. Reconsider the exclusion of public hearing processes, now held in the existing Charter, under the 100 percent petition and assessment to benefitted properties proposed revision of May 16, 1995. 3. Reconsider the exclusion of petition rights now held under 8.04 Subd. 2 of the existing Charter. 4. Relocate 8.05 Subd. 2 to 8.04 Subd. 3 in the revision recommendation adopted May 16, 1995. Respectfully Submitted, ,QAC,Z Duane W. McCarty, Chairman • WHITE #2 - - 7/11/95 Section 8.04 Procedure Subdivision 1. Initiation of Improvement. All improvements to be paid for by special assessments, in whole or in part, against benefited properties may be initiated by either: (a) The petition of at least a majority of the benefited property owners together with a resolution adepted by a three-fifths affirmative vote of the council; or (b) A resolution adopted by a four-fifths affirmative vote of the council. The resolution must state the nature and scope of the proposed improvement. Subdivision 2. Public Notice. Upon receipt of cost estimates, the council must by resolution set a date for a public hearing on the proposed improvement. The hearing must follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the date, time and place of the hearing, the general nature of the improvement, the estimated unit and total costs, and the area proposed to be assessed. The two publications in the official newspaper must be a week apart and the hearing must be at least three days after the last publication. Subdivision 3. Notice to Property Owners. At least two weeks prior to the public hearing, notice of the hearing as described in Subdivision (2) must also be mailed to the owner of each property in the area proposed to be assessed. Failure to receive such mailed notice, orany defects in the notice, will not invalidate the proceedings. Subdivision 4. Public Hearing. At the public hearing the council receives any written and oral statements for or against the proposed improvement. A period of sixty days must elapse after the public hearing before any further action may be taken by the council on the proposed improvement. However, prior to and following the public hearing, the council may initiate the preparation of plans and specifications and the advertisement of bids on the improvement, in addition to other actions which in its judgment may provide helpful information in deter- mining the desirability and feasibility of the improvement. Subdivision 5. Public Hearing Waived. Whenever all owners of benefited property petition the council for an improvement where the entire cost is to be assessed against their property, the council may adopt a resolution determining such fact and order the assessment without a public hearing. Subdivision 6. Withdrawal Rights. Any person whose name appears on a petition to the council for a local improvement, or on a petition to the council against a local improvement, may withdraw their name by a statement in writing filed with the council before such petition is presented to the council. WHITE #2 - - 7/11/95 Section 8.05 Council Action. Subdivision 1. The approval of at least sixty percent of benefited property owners together with a resolution adopted by a four-fifths affirmative vote of the council are required to act on a local improvement. - Subdivision 2. Regardless of the provisions in Section 8.04 of the Charter, when less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the council, signed by a majority of the number of electors who voted for mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the council shall not proceed with the improvement, as proposed. Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions, the council may proceed at any ime between sixty days and one year after the public hearing on the improve ent. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost by more than ten percent. Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the council may not vote on the same improvement within a period of one year after the public hearing on said improvement. • NOTICE OF SPECIAL MEETING MOUNDS VIEW CHARTER COMMISSION To: • MOUNDS VIEW CHARTER COMMISSIONERS From: COMMISSIONERS DUANE MCCARTY&BILL WERNER Date: September 25, 1996 Subject: Special Charter Commission Meeting to be held on Thursday October 3, 1996 at the Mounds View City Hall at 7 PM. Vuane McCarty, and I Bill Werner, Charter Commissioners for the City of Mounds View, by this ice hereby call a special meeting of the Mounds View Charter Commission pursuant to Charter Commission By-Laws. lr ,i•-- / -1--NC „41A&/ ",.. Duane McCarty 1 Bill Werner AGENDA 1 . Discuss resignation of Councilmember Sue Hankner and make recommendations to the City Council regarding the Charter procedures for vacancy of elected offices. 2. Conduct other business of the Charter Commission as necessary. 0 Adjourn. .NOTICE OF SPECIAL MEETING MOUNDS VIEW CHARTER COMMISSION To: MOUNDS VIEW CHARTER COMMISSIONERS From: COMMISSIONERS DUANE MCCARTY&BILL WERNER Date: September 25, 1996 Subject: Special Charter Commission Meeting to be held on Thursday October 3, 1996 at the Mounds View City Hall at 7 PM. I Duane McCarty, and I Bill Werner, Charter Commissioners for the City of Mounds View, by this 40 otice hereby call a special meeting of the Mounds View Charter Commission pursuant to Charter ommission By-Laws. 72ge,. Duane McCarty Bill Werner AGENDA 1 . Discuss resignation of Councilmember Sue Hankner and make recommendations to the City Council regarding the Charter procedures for vacancy of elected offices. 2. Conduct other business of the Charter Commission as necessary. 3. Adjourn.