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HomeMy WebLinkAbout07-14-2005 Mounds View Charter Commission Minutes Meeting July 14,2005 • 1. Call to order -The meeting came to order at 7:05 PM 2. Roll Call—Present- B. Amundsen, B. Doty, B. Mori, C. Mueller, J. Thomas, William Werner, Sr Absent— Excused- M. Eenigenburg, J.Miller, B. Thomas 3. Approval of Agenda and Minutes Motion by B. Doty, 2nd by B. Mori to approve agenda APPROVED Motion by C. Mueller, second by B. Doty to approve minutes of June 9, 2005 as corrected recording B. Mori from"Present"to "Excused"in Roll Call and dropping reference to his joining meeting APPROVED Motion by B. Doty, second by C. Mueller, approve Special Work Session Meeting minutes of June 9, 2005 as corrected recording B. Mori from"Present"to"Excused" in Roll Call APPROVED 4. Citizens Comments None 5. Reports of the Chair Chair J. Thomas reported an additional change for Section 4.02 and he would check if language has been adopted by Council. If language was not adopted he'd recommend an additional change at the next meeting. Chair J. Thomas also reported delay in Chapter 5 • language review until next meeting. 6. Reports of Members B. Werner-read a statement about his personal concerns with member titles on non Commission articles. Consensus of other members was there was no problem with the title usage, as long as member statements were their personal position, unless it reflected approved actions by the Commission. C. Mueller—Asked question about if the Charter is the citizens rights and then if there is a violation by the Council, how itA'dealt with? She was asked if the charter protected citizens from the eminent domain decision recently decided by the Supreme Court? Chair J. Thomas reiterated that no action can be taken by the Commission to enforce language, but as individual citizens we can bring legal action in the Courts. Charter language currently might require legal review to determine if the Supreme Court decision would apply. B. Amundsen—Questioned how the commission minutes might be added to the city web page? Chair J. Thomas indicated that Community Director J. Erickson is web master and his current work load doesn't allow time to add these minutes and agenda to the web site. 7. Unfinished Business a. By Laws Review—Discussion of when elections should be held had a consensus to leave as is. B. Doty proposed, B. Mori second, amending Article II, Section 8 to say "no more than 4 consecutive terms in same office". Amendment will be brought back to August 11, 2005 meeting. b. Section 8.04 Reviews—Discussion of language. Carol Mueller provided Chair J. Thomas with hand drawing of language flow. Chair J. Thomas to convert to a flow • Page 1 of 2 Mounds View Charter Commission Minutes Meeting July 14, 2005 • chart program and return to August 11, 2005 meeting. Consensus was to continue discussion at next meeting as unfinished business. c. Chapter 7.03 Time line—Chair. J. Thomas had nothing to report. Consensus was to continue discussion at next meeting as unfinished business. d. Resolution 2005-05 setting meeting dates for September 2005 to February 2006. Motion by B. Doty, second by B. Amundsen to adopt Resolution 2005-05 as amended moving September meeting to 15th. APPROVED 8. New Business Discussion of next month's agenda. By-Laws Amendment Review Section 8.04 language and flow charts Review time line for Section 7.03 language to go on ballot Review Chapter 5 Language and Flow Chart for completeness. C. Mueller requested to be excused from August meeting. Chair J. Thomas acknowledged. 9. Adjournment Motion, by B. Doty,to adjourn at 8:53 PM APPROVED Respectfully submitted, Brian Amundsen, Secretary efroelot qt,/zOos . ` C 41) Page 2 of 2 4ire t` l CHAPTER 5 INITIATIVE,REFERENDUM AND RECALL Section 5.01. General Voter Authority. The people of Mounds View-have the right, in �cordance with this Charter, to propose ordinancesjinitiative] and to require that any ordinance be referred to the voters [referendum], except those that appropriate money or levy taxes. 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. Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be sponsored by a committee of between 5 and 15 members who are voters of the City and whose names and addresses appear on the petition. A petition consists of one or more pages with each separately circulated page containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. The committee may obtain a sample petition from the city Clerk-Administrator. All petition circulators must be voters of the City. Each separate page of the petition must have appended to it a certificate by the circulator, verified by oath. The certificate shall affirm that each signature was made in the circulator's presence and that the circulator believes them to be the genuine signature of the voter whose name it purports to be 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. Any voter whose name appears on a petition may withdraw their name by filing a statement in writing with the Clerk- Administrator before the Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03.. Determination of Petition Sufficiency. The committee must file the completed eetition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number of total ballots cast for President in the most recent Presidential election. For a petition to be sufficient, the required number of signatures shall be a percentage of that number. • Petitions for Initiative and Referendum require at least 15 percent. • Petitions for Recall, at least 25 percent. Within 14 calendar days of receipt of the petition, the Clerk-Administrator shall determine its sufficiency. Upon final determination of sufficiency, the Clerk-Administrator shall report the date of the determination and its sufficiency to the Council at or before the next regularly scheduled meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the petition by resolution including the reported date of determination of sufficiency. Section 5.04. Disposition of insufficient or Irregular Petition. If the Clerk-Administrator determines that the sufficiency of a petition cannot be declared, it shall be determined to be 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 and to the City Council. The committee shall have 30 calendar days in which to file additional signature papers and/or to correct the specified irregularity. Within five working days of receipt of the corrected petition, the Clerk-Administrator shall determine the sufficiency of the petition as corrected and proceed as directed in Section 5.03. if the petition is still insufficient or irregular, this shall be considered the Final Finding and the Clerk- Administrator shall file the petition as noted and immediately notify the sponsoring committee that no further action will be taken. The final finding that the petition is insufficient or irregular shall not Agorejudice the filing of a new petition for the same purpose. Except in the case of a petition for recall, Ilit 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. Initiative. An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. Within 60 . calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 of this charter, the Council may either hold a first reading of the ordinance, as defined in Section 3.05 of this charter and proceed with the adoption process, or propose an amendment to the titioned ordinance. If an amendment is proposed by a majority vote of the Council and presented o the petition committee, the petition committee has 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 filing a statement of disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot at the next election occurring in the City. If there is no proposed amendment, or should the petition committee agree to the amendment, the ordinance shall be scheduled fora public hearing pursuant to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor, it shall become effective 30 calendar days after adoption unless the ordinance specifies a later effective date. If the amendment is required to be put on a ballot and there is no regularly scheduled election within 120 calendar days of the statement of disapproval, or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special election to take place within 90 calendar days of said meeting. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. If the petition committee does not file a disapproval statement, the Council shall hold a first reading of the amended proposed ordinance and proceed with the adoption process. If the Council does not approve the ordinance, it must follow the aforementioned balloting process. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the voters to propose amendments to this charter. • 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 the exact text of the measure to be considered by the voters. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from enactment and the City Council must adopt a resolution placing the Ordinance on hold and complete the following courses of action within 150 days of determination of sufficiency. The subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. If a majority of the voters voting thereon 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. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. 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, the name of the official whose removal is sought,the grounds for recall constituting malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring about the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall submit it to the Council as required. The Clerk- dministrator shall also officially notify the official sought to be recalled of the sufficiency of the petition and the pending action within five working days. Within five working days of notification, the official may provide an answer stating the justification of their course of action in not more than 500 words. If there is no regularly scheduled election within 120 calendar days of the determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special election to take place within 90 calendar days of said meeting. The Clerk-Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the answer of the official concerned or a statement stating no answer was received. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. • • • 7I141zsec City of Mounds Resolution No. 2005-05 Mounds View Charter Commission View Dated July 14, 2005 Charter Commission Chair Resolution setting the meeting schedule for September 2005 through February of 2006. Jonathan J Thomas 763.784.5205 Vice Chair WHEREAS, at it's July 14th, 2005 meeting the Charter Commission moved, Bill Doty seconded and passed the motion to meet at 7:00 PM the second Thursday of 763.786.3421 each month from September 2005 through February of 2006. 2°d Vice Chair Jean Miller BE IT RESOLVED, that the following dates are hereby submitted to the City Clerk- 763.786.3959 Administrator for postinglg comply with the Minnesota Open Meeting Law. The dates are: Septembff it, 2005, October 13, 2005, November 10, 2005, Secretary December 8, 2005, January 12 2006 and February 9, 2006. Brian Amundsen 763.786.5699 rc / • Matthew Eenigenburg Adopted the 14th Day of July 2005. 763.783.7216 William Mori 763.784.3645 Dol Mueller Respectfully submitted, 763.780.1251 Barbara Thomas 763.780.6226 Jonathan J Thomas, Chair Brian ndsen, Secretary William Werner Sr 763.784.3603 • f CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, Jul 14, 2005 • �'` viewMounds View City Hall Council Chambers Preliminary AGENDA Charter Commission Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty _ Jonathan J Thomas William Mori 763.786.3421 _ Bill Doty _ Carol Mueller 2°d Vice Chair _ Jean Miller —Barbara Thomas Jean Miller _ Brian Amundsen _William Werner, Sr 763.786.3959 _Matthew Eenigenburg Secretary Brian Amundsen 3. Approval of agenda and minutes 763.786.5699 Review and approve agenda Matthew Eenigenburg Approval of Jun 9, 2004 Minutes 763.783.7216 William Mori 4. Citizens comments from the floor 763.784.3645 Carol Mueller 5. Reports of the Chair 763.780.1251 Due to significant issues with the task of matching the language to the flow Barbara Thomas 763.780.6226 charts, the resolution for Chapter 5 is being postponed until August. William Werner Sr 6. Reports of members 763.784.3603 7. Unfinished Business 25 min, Bylaws Review. 20 min, Review Section 8.04. 35 min, Discuss time line for update to Section 7.03 System of Taxation. 10 min, Adopt resolution for meeting dates and time for next six months. 8. New Business 15 min, Discuss next month's and future agenda items. 9. Adjournment • Draft Copy Mounds Resolution No. 2005-05 • _{ Mounds View Charter Commission View" Dated July 14, 2005 Charter Commission Chair Resolution setting the meeting schedule for September 2005 through February of 2006. Jonathan J Thomas 763.784.5205 Vice Chair WHEREAS, at it's July 14th, 2005 meeting the Charter Commission moved, Bill Doty seconded and passed the motion to meet at 7:00 PM the second Thursday of 763.786.3421 each month from September 2005 through February of 2006. 2nd Vice Chair Jean Miller BE IT RESOLVED, that the following dates are hereby submitted to the City Clerk- 763.786.3959 Administrator for posting to comply with the Minnesota Open Meeting Law. The dates are: September 8, 2005, October 13, 2005, November 10, 2005, Secretary December 8, 2005, January 12, 2006, and February 9, 2006. Brian Amundsen 763.786.5699 Matthew Eenigenburg Adopted the 14th Day of July 2005. 763.783.7216 William Mori 763.784.3645 Respectfully submitted, 4Ikarol Mueller 763.780.1251 Barbara Thomas 763.780.6226 Jonathan J Thomas, Chair Brian Amundsen, Secretary William Werner Sr 763.784.3603 111111 MOUNDS VIEW CHARTER COMMISSION 1111 BY-LAWS ARTICLE I- THE COMMISSION Section 1. Name of Commission. The name of the Commission is the"Charter Commission of Mounds View,Minnesota." Section 2. Purpose. The purpose of the Charter Commission is to serve as custodians of the Mounds View City Charter in accordance with state laws,these by-laws and rules of the Charter Commission. Section 3. Office of Commission. The offices of the Commission are at Mounds View City Hall for purposes of official Commission business. Section 4. Members. The Commission is composed of 11 members. Members shall serve during their term and until their successors are appointed and have qualified, pursuant to Minnesota Statues, Section 410.05, as amended. Section 5. Records. Each member shall receive a copy of the City Charter and the Commission By-laws. The current City Charter shall be kept on file at the City offices and made available for public review. Section 6. Review of By-Laws. The By-Laws shall be reviewed at least once every two (2) years. • ARTICLE II- OFFICERS Section 1. Officers. The officers of the Commission are the Chair,Vice-Chair, Second Vice-Chair and Secretary. Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare the agenda, preside at all meetings, oversee the implementation of the decisions of the Commission and act as the primary liaison with City staff. The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote. Each year at the October meeting,the Chair shall submit to the Commission for its approval, an annual report summarizing the activities and accomplishments of the Commission for the calendar year. The annual report to the Commission may contain the Chair's recommendation for Commission activities for the ensuing year. Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during any vacancy of that office until the Commission elects a new Chair. Section 4. Second Vice-Chair. The Second Vice-Chair shall perform the duties of the Vice-Chair during the Vice-Chair's temporary absence, and shall perform such duties during any vacancy of that office until the Commission elects a new Vice-Chair. • Mounds View Charter Commission By-laws June 12,2003 Page 1 Section 5. Secretary. The Secretary shall maintain the records,record the minutes and votes at each meeting. On or before December 31st of each year,the Secretary shall submit to the Chief II/ Judge of the District Court the Chair's approved annual report outlining the Commission's activities and accomplishments. The Secretary shall forward a copy of the report to the City Clerk- Administrator.The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary, and to perform the duties of Secretary in the event of the absence or vacation of office by the Secretary until such time as the Commission elects a new Secretary. Section 6. Additional Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its by-laws or rules. Section 7. Compensation; Expenses. The members of the Commission shall receive no compensation, but the Commission may employ an attorney and other personnel to assist in amending or revising the City Charter, and the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the Commission shall be paid by the City. The amount of reasonable and necessary Commission expenses shall be so paid by the City in accordance with state law. The City Council may authorize additional expenses pursuant to Minnesota Statutes Section 410.06, as amended. Section 8. 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 these 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. Section 9. Vacancies. A vacancy in the office of Chair, Vice-Chair, Second Vice-Chair or Secretary shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office. Section 10. Appointments. The Chair shall notify members eligible for re-appointment 60 days prior to their expiration. The Chair shall also submit a list of those members to the chief judge. It is the responsibility of each individual member that is eligible for re-appointment to contact and submit to the judge the appropriate paper work for re-appointment consideration. ARTICLE III-MEETINGS Section 1. Regular Meetings. The Commission shall meet at least once during each calendar year, and upon presentation of a petition signed by at least ten percent of the number of voters of the municipality, as shown by the returns of the last municipal election, or upon resolution approved by a majority of the governing body of the city requesting the commission to convene, the commission shall meet to consider the proposals set forth in such petition or resolution.All meetings shall be held in the Mounds View City Hall unless meeting notices state otherwise. All meetings shall comply with the Minnesota Open Meeting Law(Minnesota Statutes, Section 471.705). The meetings will be conducted in accordance with Robert's Rules of Order Newly Revised. • Mounds View Charter Commission By-laws June 12,2003 Page 2 Section 2. Special Meetings. The Chair or any two members of the Commission may call a • special meeting to transact any business stated in the meeting notice in accordance with state law. Notice of the special meeting shall state the time, date, place and business to be conducted at the special meeting. Notices may be delivered or mailed to the member's designated mailing address at least three days prior to the special meeting. The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct additional business. Section 3. Quorum. A majority of qualified and acting members shall constitute a quorum for the purpose of conducting the Commission's business and exercising its powers and for all other purposes, but a smaller number of members may adjourn from time to time. Section 4. Order of Business. The Commission shall use the following order of business at its meetings: 1. Call to Order 2. Roll Call. 3. Approval of Minutes. 4. Citizens Comments from the floor. 5. Reports of the Chair. 6. Reports from members or committees. 7. Unfinished Business. 8. New Business. 9. Adjournment. • Order of Business may be changed at a meeting by a majority vote of the commission members present. Section 5. Manner of Voting. The voting on all issues coming before the Commission shall be recorded in the minutes, which shall state what was done and not what was said. The votes on resolutions, unless unanimous, shall state the number of "ayes,""nays,"and"abstentions." When a quorum is in attendance, action may be taken by the Commission upon a vote of the majority of the members present unless another provision of these by-laws specifically states otherwise. Section 6. Committees. The Commission may establish and appoint committees. Each committee must designate a Chair. Section 7. Discharge of Members. Any member who has failed to attend four consecutive meetings, regular or special,without being excused by the Commission, may be discharged according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as amended. • Mounds View Charter Commission By-laws June 12,2003 Page 3 ARTICLE IV-AMENDMENTS AND REVISIONS Section 1. By-Laws Amendment Procedure. The Commission By-laws may be amended by a resolution, made in writing, and adopted by a majority vote of qualified and acting members at a properly noticed meeting of the Commission. Section 2. Charter Amendments Procedures. The Charter may be amended by any one of the four following methods: Method 1. The Charter Commission may by a majority vote of its members approve a resolution recommending an amendment to the Charter by Ordinance under Minnesota Statute 410.12 subd 7. Such an Ordinance must be published in the official newspaper two weeks prior to a public hearing on the matter and then requires an affirmative vote of all members of the City Council. Method 2. The Charter Commission may by a majority vote of its members approve a resolution recommending an amendment to the Charter by requesting it be placed before the voters under Minnesota Statute 410.12 subd 1. If there is a general election scheduled to occur within six months the City Council shall have such an amendment prepared and placed on the ballot at the general election. If no general election is scheduled to occur within six months the City Council shall prepare the amendment and call a special election within 90 days after the delivery of such amendment to the Clerk-Administrator. Method 3. Voters equal to or greater than five percent of the total votes cast at the last State • general election may by petition require the Charter Commission to review and request an amendment to the Charter which may then be submitted by the Charter Commission under the same guidelines set forth under method 1 or 2 above. Method 4. The City Council may propose an amendment by ordinance without the initial request of the Charter Commission under Minnesota Statute 410.12 subd 5. Such an Ordinance shall be submitted to the Charter Commission for review and the Charter Commission can by request be granted an additional 90 days for review. After reviewing such proposed amendment the Charter Commission shall approve or reject the proposed amendment or suggest a substitute amendment. The Council may submit to the people the amendment originally proposed by it or the substitute proposed by the Charter Commission. ADOPTED: June 12, 2003 • Mounds View Charter Commission By-laws June 12,2003 Page 4 Cys CHARTER COMMISSION SPECIAL WORK SESSION Y s Mound --,- s a with CITY COUNCIL IIWei,,.: * 6:00 PM Thursday, Jun 9, 2005 .~ Mounds View City Hall Council Chambers Charter Commission Preliminary AGENDA Chair Jonathan J Thomas 1. Call to Order 763.784.5205 Vice Chair 2. Pledge of Allegiance Bill Doty 763.786.3421 3. Roll Call 2"d Vice Chair Jean Miller Brian Amundsen Rob Marty _Barbara Thomas 763.786.3959 — Bill Doty _Jean Miller _Jonathan J Thomas secretary _Matthew Eenigenburg _William Mori _William Werner, Sr Brian Amundsen _Joe Flaherty _ Carol Mueller 763.786.5699 _ Sherry Gunn _Roger Stigney Matthew Eenigenburg 763.783.7216 4. Approval of Agenda William Mori 763.784.3645Review and approve agenda •arol Mueller 5. Citizens comments from the floor 763.780.1251 Barbara Thomas 6. Business 763.780.6226 William Werner Sr 10 min, review status of current items in progress. 763.784.3603 5 min, review flow charts for Chapter 5 and resulting language changes. 5 min, review Section 8.04 Special Assessment issues. 5 min, review Section 7.10 Obligation Bonds. 10 min, review Section 7.03, System of Taxation and set common goals. 10 min, pull together a set of common directions and get input from City Council 10 min, plan a future joint work session if desired. 7. Adjournment 0