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HomeMy WebLinkAbout08-14-2003 c S j te_, :2_ a 6-0-1-- Mounds View Charter Commission August 14,2003 Mounds View Charter Commission Minutes Meeting August 14, 2003 1. Call to order - The meeting came to order at 7:06 p.m. 2. Roll Call—Present- B. Amundsen, B. Doty, D. Freimuth, B. Mori, J. Thomas, W. Werner, Sr. Absent -D. Mandoza Excused -J. Miller, M. Eenigenburg, M. Sandback, 3. Approval of agenda and minutes Motion by B. Doty; second B. Amundsen to approve agenda as written. UNANIMOUS APPROVAL Motion by B. Doty; second D. Freimuth to approve minutes of June 12, 2003 as written. UNAMIMOUS APPROVAL Motion by B. Mori, second by D. Freimuth to approve minutes of July 10, 2003 as amended with Roll Call change to "excused" for B. Amundsen and B. Mori. UNANIMOUS APPROVAL 1111 4. Citizens comments from the floor Kurt Ulrich—newly appointed city administrator introduced himself to the rt/ commission. 5. Reports of the Chair Chair Thomas reported that he has spoken to clerk of the court about open positions. The open positions are posted until September 15, 2003. Clerks have accepted 3 applications to date so open positions should be filled by the October meeting. 6. Reports of members None presented. 7. Unfinished Business a. Review of Proposed Resolution 2003-4. Chair Thomas introduced this resolution as a tool for the commission to communicate to the City Council for Commission approved simple charter language changes that the Commission believes the Council will support without contest. i. Discussion of format: Consensus was the format of the resolution was • acceptable. Page 1 of 2 Mounds View Charter Commission August 14,2003 ii. Discussion of content: The proposed Resolution included language of Section 2.06 with underlining and stricken language. 1. Motion by W. Werner, Sr.; second by B. Doty to replace in last sentence the word"duties"with"authority". UNANIMOUSLY APPROVED iii. Chair Thomas invited further comment on header for the resolution format which will be used for all Category 1 type language adjustments the Commission is considering, until that category is completed. b. Review of changes for Chapter 5. Chair Thomas introduced a"Draft Replacement Option 8/8/2003". i. Discussion of format: Consensus that formats with line numbering for reference was easier to modify. ii. Discussion of content: 1. Consensus that the all days should be referenced to "calendar" days throughout the document for clarity and consistency. 2. Request to have language added to Section 5.04 that would require action at next regular meeting. 8. New Business • Discussion of next months agenda items 9. Adjournment Meeting adjourned at 8:12 p.m. Respectfully submitted, Brian Amundsen, Secretary 14,04_9..e,a4_ geisy ,/ zf„,/ , v40 w Page 2 of 2 of CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, August 14, 2003 doView Mounds View City Hall Council Chambers ChatterCommrssion Preliminary AGENDA Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michele Sandback 763-783-1770 _ Jonathan J Thomas _ Bill Doty _William Mori _Michele Sandback _ Matthew Eenigenburg 2"Vice Chair Daniel Freimuth Dana Mandoza _William Werner, Sr Daniel Freimuth 763-780-3371 _Brian Amundsen _ Jean Miller Secretary Brian Amundsen 3. Approval of agenda and minutes 763-786-5699 Bill Doty Review and approve agenda 763-786-3421 Approval of June 12 and July 10, 2003 Minutes Matthew Eenigenburg -783-7216 4. Citizens comments from the floor Ira Mandoza 763-784-8942 5. Reports of the Chair Jean Miller 763-786-3959 6. Reports of members William Mori 7. Unfinished Business 763-784-3645 William Werner Sr 15 min Review Proposed Resolution 2003-04 763-784-3603 55 min Review of changes for Chapter 5. 8. New Business 15 min Discuss next months and future agenda items. 9. Adjournment 111/ Cit'°f Proposed Resolution No. 2003-04 Mounds Mounds View Charter Commission eDated August 14, 2003 View Whereas, the Mounds View Charter Commission is reviewing the lists of past CliarterCommrssion requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. Chair Jonathan J Thomas The Mounds View Charter Commission acting under Minnesota Statute 410.12 763-784-5205 Subdivision 7, recommends the following amendments by the addition of the bold and double underlined language and by the deletion of the bol-d-and Vice Chair err language. The Mounds View Charter Commission requests the City Michele Sandback Council adopt by ordinance those items it is in unanimous agreement with. We 763-783-1770 also request a response within 60 days with recommendations for modifications to 2"d Vice Chair any item that the City Council deems not acceptable as presented. Daniel Freimuth 763-780-3371 Section 2.06. The Mayor's Power and Duties. Secretary Subdivision 1. The Mayor shall preside at meetings of the Council and shall Brian Amundsen 763-786-5699 have a vote as a member. The Mayor shall be recognized as head of the City Government for all ceremonial purposes, by the courts for the purpose of serving Bill Doty civil process, and by the Governor for purposes of martial law_,but Other than for 763-786-3421 the •ur•oses s•ecificall stated in this •ara•ra•h as an individual the Ma or Matthew Eenigenburg shall have no administrative duties. li -783-7216 Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, Mandoza condemnation, or otherwise, any real property, either within or without its 763-784-8942 boundaries, that may be needed by the City for any public purpose. In acquiring property by exercising the power of eminent domain, the City shall proceed Jean Miller 763-786-3959 according to Minnesota law, Chapter 117 as amended, or other applicable items. William Mori 763-784-3645 Adopted the____Day of , 2003. William Werner Sr 763-784-3603 Respectfully submitted, Jonathan J Thomas, Chair Brian Amundsen, Secretary Mounds View Charter Commission III 1 CHAPTER 5 (Draft Replacement Option 8/8/2003) 0 2 3 INITIATIVE, REFERENDUM AND RECALL 4 5 Section 5.01. General Voter Authority. The people of Mounds View have the right, in 6 accordance with this Charter, to propose ordinances [initiative] and to require that any 7 ordinance be referred to the voters [referendum], except those that appropriate money or levy 8 taxes. The voters also have the right to remove elected public officials [recall]. The term 9 voter(s), as used in Chapter 5, shall refer only to qualified and registered voters who reside 10 in the City of Mounds View. 11 12 Section 5.02. Petitions. A petition provided for under this chapter must be sponsored 13 by a committee of five or more voters of the City whose names and addresses appear on the 14 petition. A petition consists of one or more pages with each separately circulated page 15 containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, 16 respectively, to initiative, referendum and recall. The committee may obtain a sample petition 17 from the city Clerk-Administrator. All petition circulators must be voters of the City. Each 18 separate page of the petition must have appended to it a certificate by the circulator, verified 19 by oath. The certificate shall affirm that each signature was made in the circulator's presence zo and that the circulator believes them to be the genuine signature of the voter whose name it 21 purports to be and that each signer was presented with the full petition. Each signer of a 22 petition must be a voter of the City and must sign and print their name and give their street 23 address. Any voter whose name appears on a petition may withdraw their name by filing a 24 statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the •25 Council of the sufficiency of the petition. 26 27 Section 5.03. Determination of Petition Sufficiency. The committee must file the 28 completed petition in the office of the Clerk-Administrator. For a petition to be sufficient, the 29 required number of signatures shall be a percentage of the number of ballots cast for 30 President in the most recent Presidential election. 31 • Petitions for Initiative and Referendum require at least (15%) fifteen percent. 32 • Petitions for Recall, at least (25%) twenty-five percent. 33 Immediately upon receipt of the petition,the Clerk-Administrator shall determine its sufficiency 34 and report to the Council within ten working days. The Council shall declare the sufficiency 35 of the petition by resolution. -36 37 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines 38 that the sufficiency of a petition cannot be declared, it shall be determined to be insufficient 39 or irregular. The Clerk-Administrator shall deliver a copy of the petition,together with a written 40 statement of its defects, to the sponsoring committee. The committee shall have thirty 41 calender days in which to file additional signature papers and/or to correct the petition in all 42 other particulars, except that, in the case of a petition for recall,the committee may not change 43 the statement of the grounds on which the recall is sought. Within ten working days of receipt 44 of the corrected petition, the Clerk-Administrator must report to the Council on the sufficiency 45 of the corrections. If the Council finds that the petition is still insufficient or irregular, this shall 46 be considered the Final Finding and the Clerk-Administrator shall file the petition as noted and 47 notify the sponsoring committee that no further action will be taken. The final finding that the 48 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same 49purpose, nor shall it prevent the Council from referring the subject matter of the petition to the 050 voters at the next regular or special election. .51 Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text 52 of the proposed ordinance must be state at the head of each page of the petition. The Council 53 must act upon the proposed ordinance within 60 calendar days after final determination of the 54 petition's sufficiency. The Council may amend the proposed ordinance. A majority of the 55 sponsoring committee of the petition may disapprove the amended form by filing a statement 56 with the Clerk-Administrator within ten working days of Council adoption of the petitioned 57 ordinance. Upon the filing of a statement of disapproval, the proposed ordinance, as stated 58 on the original petition, must be placed on the ballot at the next election occurring in the City. 59 The Council shall call a special election if there is no regularly scheduled election within 120 60 calendar days of the determination of sufficiency. If a majority of those voting on the 61 ordinance vote in its favor, it shall become effective thirty days after adoption unless the 62 ordinance specifies a later effective date. If the sponsoring committee does not file 63 disapproval, the ordinance is not required to be submitted to the voters for enactment. 64 65 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be 66 construed as in any way affecting the right of the voters to propose amendments to this 67 charter. 68 69 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may 70 be subjected to a referendum by a petition which shall state at the head of each page the 71 exact text of the measure to be considered by the voters. If the petition is found to be 72 sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be 73 prevented from enactment, and the subject matter of the petition shall be placed on the ballot 74 at the next election occurring in the City. If no election is to occur within 120 calendar days •75 after determination of sufficiency of the petition, the Council shall call a special election. If a 76 majority of the voters voting thereon favors the ordinance contained in the petition, it shall 77 remain in effect. If a majority vote against the ordinance contained in the petition, it shall be 78 considered repealed upon certification of the election results. 79 80 Section 5.08. Recall. The voters of the City may request a recall vote of any elected 81 official of the City by petition. The petition shall state at the head of each page, or attached 82 thereto, the name of the official whose removal is sought, the grounds for recall constituting 83 malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring 84 committee to bring about the official's recall. The petition shall be filed in the 85 Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under the 86 provisions of Section 5.03 of this chapter,the Clerk-Administrator shall submit it to the Council 87 as required. The Clerk-Administrator shall also officially notify the official sought to be recalled 88 of the sufficiency of the petition and of the pending action within five working days. The 89 Council shall at its next meeting, by resolution, provide for the holding of special recall election 90 within ninety days after such meeting, except if any other election is to occur within the ninety 91 day period after such meeting, the Council may in its discretion provide for the holding of the 92 recall vote at that time. The Clerk-Administrator shall include with the published notice of the 93 election the statement of the grounds for the recall and, also in not more than 500 words, the 94 answer of the official concerned in justification of their course of action. If a vacancy occurs 95 due to recall election, Section 4.05 herein shall apply to fill said vacancy. 96 •