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HomeMy WebLinkAbout01-25-1994 MOUNDS VIEW CHARTER COMMISSION MINUTES 1110 JANUARY 25 , 1994 I . Call to Order Secretary Julie Trude , as Chair Pro Tem , called the meeting to order at 7 : 15 p .m . after quorum was established in the Mounds View City Hall . II . Roll Call Present : Virgil Beyer , Jerry Linke , Dave Long , Duane McCarty , Julie Trude , Russell Warren , Arlene Werdien , Bill Werner and Ruth White . Absent (excused ) : Lloyd Bardwell , Len Burgers , Richard Oman , Laurie Schley and Bob Toborg . Absent ( unexcused ) : Sue Hankner . III . Approval of Minutes The Minutes were distributed at the beginning of the meeting . Motion by Jerry Linke , second by Ruth White to approve the Minutes of the January 11 , 1994 meeting as submitted . Motion passed with 7 ayes and 1 abstention ( Virgil Beyer arrived after this vote . ) III IV . Discussion of attendance After noting that there was a delay in establishing quorum and that both the Chair and Vice Chair were again absent , the commission discussed an attendance policy . Members concurred that membership on the Charter requires a time commitment , perhaps more than some had expected with the re-draft now underway . Secretary Julie Trude noted that she has conducted four of the last seven meetings and it is difficult to conduct a meeting and take minutes . Several members suggested the entire membership be contacted and told that the commission needs full participation from its members and that any member that finds their obligation too great could resign and allow someone else to take over the duties of membership . This statement will be sent out with the next Minutes . A second proposal was to amend the by-laws to create a second vice- chair so there is someone other than the Secretary to run the meetings when the Chair and Vice Chair are absent . It was noted that the officers have a two-year term and this could also be re-considered . Upon the motion of Duane McCarty , seconded by Jerry y Linke , the commission voted unanimously to consider amending Article II of the By-Laws at the next meeting to create the office of Second Vice Chair and to concurrently hold the election for this new position . Russ Warren agreed to draft the language to go out with the next meeting packet IIIfor the February 8th meeting . V . Charter Review . Chapter 10 : Upon the motion of Julie Trude , seconded by Jerry Linke , the commission voted unanimously to amend the agenda to Review Chapter 10 . Julie Trude distributed her re-draft of Chapter 10 noting that she had been unable to locate an approved draft of Chapter 10 . Duane McCarty located a Chapter 10 draft that had been reviewed in June 1993 . The commission decided to review this second draft . The draft was approved . Chapter 5 The commission reviewed the December re-draft of Chapter 5 prepared by Sue Hankner , concurrently with the original Charter Chapter 5 . The commission decided to follow the re-draft for Section 5 . 01 , 5 . 05 , 5 . 06 and 5 . 07 . The commission agreed to use the original Section 5 . 02 and insert two items from the re-draft , " print name " on petition and a sample petition is available from the clerk- administrator . The commission also agreed to follow the original Charter for Section 5 . 03 using the modifications previously agreed upon ( 10 "working " days to review the petition ; 20% electors in mayoral race to petition ) . The re -draft of Section 5 . 04 was followed except that 30 days was considered sufficient ( not 30 working days ) , and the omitted sentence on recall was re- inserted . Generally , the commission members believed • it was important for the community to see no major changes on the recall whether or not it is considered an effective device . Therefore references to recall were re-inserted . Russ Warren offered to re- write Section 5 . 08 on Recall for the commission ' s review . Julie Trude explained that someone from the city staff will be given all of the re-drafted sections to type up as an entire document for the commission ' s further review . ( She will re-type Chapter 5 as amended) Duane McCarty explained to Russ Warren his concerns about deleting all references to resolutions in Chapter 5 . ( Was the one Supreme Court case on this subject definitive on the topic that all petitions on resolutions are inappropriate and illegal ? ) The issue he sees remaining on this topic is whether the petitioners should be forced to go to court to force an election on a petition the council refuses to follow through on or should the council be obligated to seek a court order that the petition is legally invalid and should not go to the electors . He asked the commission to continue to consider his draft proposal of Section 5 . 05 , subdivision 2 putting the burden on the council to seek a court order or injunction to prevent an otherwise mandated election . This issue was reserved for further legal review and input . VI . Adjournment Upon the motion of Jerry Linke , seconded by Dave Long , the members voted unanimously to adjourn the meeting at 8 : 55 p . m. • RespectfulU submitted , (Julie Trude , Secretary • ATTENDANCE AT CHARTER MEETINGS At the January 25 , 1994 Charter Commission meeting , the 9 members in attendance asked to have the following statement sent out to the entire membership : THE CHARTER COMMISSION NEEDS FULL PARTICIPATION FROM ITS MEMBERS . ANYONE WHO FINDS THE TIME COMMITMENT AND OBLIGATION TO BE TOO GREAT MAY RESIGN AND ALLOW SOMEONE ELSE TO TAKE OVER THE DUTIES OF MEMBERSHIP . THE COURT FILE CONTAINS THE APPLICATIONS OF AT LEAST TWO INTERESTED POTENTIAL MEMBERS . The Charter Commission continues to meet on the 2nd & 4th • Tuesdays of each month at 7 p . m . at City Hall . Either a packet with Minutes or a postcard reminder is mailed to each member on the Thursday before each meeting . Upcoming meetings : February 8 ( Tuesday ) 7 p . m . AGENDA 1 . Consider amendment to Art . II of By-Laws creating Second Vice Chair 2 . Election for Second Vice Chair , if amendment passes 4 . Beginurevdiewfofocleanacopy ot1 tt0re-drafted Charter February 22 , 7 p . m . AGENDA : continue reviewing clean copy re-draft March 8 , 7 p . m . 1110 March 22 , 7 p . m . Draft # 1 1 /25/94 J . Trude CHAPTER 10 • FRANCHISES Section 10 . 01 Granting of Franchises . Any individual , firm or corporation must obtain a franchise from the city prior to the placing or maintaining of any permanent or semi -permanent fixture in , over , upon or under any street or public place for use in operating a public utility or for any other use , except as otherwise provided by state law . Franchises must be granted by ordinance . The terms and conditions of the franchise must be stated in the ordinance . The grantee must pay for the publication of the franchise ordinance , leaving a sufficient deposit with the Clerk-Administrator to guarantee publication before the ordinance is passed . Exclusive franchises • may only be granted upon the affirmative vote of those voting on the ordinance at a . municipal election following a public hearing on the ordinance . Section 10 . 02 Term . Franchise terms must not exceed twenty- five years . Section 10 . 03 Public Hearing . The Council must hold a public hearing before adopting a franchise ordinance , or before the Council fixes the rates , fares or prices to be charged by a public utility . Notice of the hearing must be published in at least two places , one in the official city newspaper and once in the city newsletter • or a city-wide mailing . Notice must be published at least ten days prior to the hearing . Sec. 5.05. Initiative. Subd. 1 . Any ordinance or resolution 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 or resolution. If the council passes the proposed ordinance or resolution 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 or resolution need not be submitted to the voters. If the council fails to enact the ordinance or resolution 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 or resolution 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 or resolution to be held within such period. If a majority of those voting on the ordinance or resolution vote in its favor, it shall become effective thirty days after adoption unless the ordinance or resolution specifies a later effective date. Subd. 2. If the City Council determines on its own motion that a sufficient 40 and regular petition is determined to be illegal under case law, legal precedence, or constitutional non-conformity, thereby refusing 'to submit an initiative to the voters as provided in this charter, a court order or injunciton permitting the City Council authority to refuse such election must be produced by the council within 15 days of the date of determination or sufficiency. If the council has not acted according to this subdivision within the above 15 day period, the sponsoring committee may appeal to the Charter Commission and the Charter Commission may provide for said election to be paid by the city. The Clerk-Administrator shall provide for said election upon the order of a majority vote of the Charter Commission. • i2/01/93 08:33 FAX 612 424 5820 til:N RURAL ELECTRC 001, 002 111 CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01 . General Voter Authority. The people of Mounds View have the right, in accordance with this charter, to propose ordinances and to require ordinances to be submitted to a vote by processes known respectively as initiative and referendum. The people also have the right to recall elected public officials. Section 5.02. Petitions. An initiative or referendum shall be initiated by a petition signed by registered voters of the city equal in number to 20 percent of those who voted for mayor in the last preceding city general election. The committee may obtain a sample petition from the clerk administrator. Each petition shall be sponsored by a committee of five voters whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each paper circulated separately shall contain at its head the statement required by Section 5.05 or 5.07, as the case may be. Each signer shall sign and print his/her name and give his/her street address. Each separate page of the petition shall have appended to it a certificate, verified by notary public, that each signature is the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the city. Any person whose name • appears on a petition may withdraw his/her name by a statement in writing filed with the city clerk administrator before the clerk advises the council of the sufficiency of the petition. Section 5 .03. Determination of Sufficiency. The committee shall file the completed petition in the office of the Clerk Administrator. Immediately upon receipt of the petition, the Clerk Administrator or designee shall examine the petition as to its sufficiency and report to the Council within ten working days. Upon receiving the report, the Council shall determine the sufficiency of the petition by resolution. Section 5.04. Disposition of Insufficient Petition. If the council determines that the petition is insufficient or irregular, the city clerk shall deliver a copy of the petition together with a written statement of its defects, to the sponsoring committee. The committee shall have 30 working days in which to file additional signature papers and to correct the petition in all other particulars. Within ten working days of receipt of the corrected petition, the Clerk Administrator shall report to the Council . If the Council finds that the petition is still insufficient or irregular, the Clerk Administrator shall file the petition in his/her office and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petitionfor the same purpose nor shall it prevent the council from referring the • ordinance to the voters at the next regular or special election at Post-1t"brand fax transmittal memo 1611 #of pages►— Tc `4 ca. co. (( Dept. phoned /4,/ 12/01/93 08:34 FAX 612 -124 5820 MN RURAL ELECTRC Z002/002 its option. • Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of the proposed ordinance shall be stated at the head of the petition. The council shall act upon the proposed ordinance within 60 working days after the final determination of sufficiency of the petition. The council may amend the proposed ordinance. A majority of the sponsoring committee of the petition may disapprove the amended form by filing a statement with the Clerk Administrator within ten working days of council adoption of the petitioned ordinance. If the sponsoring committee does not file disapproval , the ordinance is not required to be submitted to the voters. If the majority of the sponsoring committee files disapproval, the proposed ordinance, as stated on the petition, shall be placed on the ballot at the next election occurring in the city. The council shall call a special election if there is no scheduled election within 120 days after the filing of the petition. Upon a majority vote of those voting in the election, the ordinance shall become effective thirty days after adoption unless the ordinance specifies a later date. Section 5.06. Initiative to Amend the Charter. The initiative process may be used to amend this charter. Section 5 .07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to 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. 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 an 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 on the petition, it shall be considered repealed upon certification of the election results. Section 5.08 . Recall . Recall procedures will be in accordance with state law. 2 •