HomeMy WebLinkAbout09-15-2005 Mounds View Charter Commission Minutes
Meeting September 15, 2005
111 1. Call to order - The meeting came to order at 7:10 PM
2. Roll Call—Present- B.Amundsen, B.Doty, J. Miller, B. Thomas, J. Thomas
Absent—
Excused - M. Eenigenburg, C. Mueller, William Werner, Sr
3. Approval of Agenda and Minutes
Motion by B. Doty, second by B. Thomas,to approve agenda as amended dropping 7b
"Section 8.04 Language and Flow Chart" APPROVED
Motion by B. Thomas, second by J. Miller,to approve minutes of August 11, 2005 as
submitted APPROVED
4. Citizens Comments
None
5. Reports of the Chair
M. Eenigenburg sent letter to Chair stating that Thursday evening conflict with other
commitments for Matt. Chair J. Thomas is going to see if a different evening works better
for Matt.
6. Reports of Members
J. Miller reported she will be absent from the October meeting.
B.Amundsen expressed concern about the Commission size and asked for volunteers to
contact city hall for applications to join the Commission.
7. Unfinished Business
a. Review Chapter 5 revisions. B. Thomas presented updated Chapter 5 language with
all corrections accepted. Discussion continued on language proposed changes
i. Section 5.02 back to a committee of"five"as the standard on the petition.
8. Adjournment
Bill Doty left-the meeting at 8:05 PM resulting in a loss of quorum and meeting adjournment
Respectfully submitted,
Brian Amundsen, Secretary
A tit
11111
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CHARTER COMMISSION MEETING
•
Mounds 7:00 PM Thursday, Sep 15, 2005
V><ew Mounds View City Hall Council Chambers
Charter Commission Preliminary AGENDA
Chair 1. Call to Order
Jonathan J Thomas
763.784.5205 2. Roll Call
Vice Chair
Bill Doty _ Jonathan J Thomas _Matthew Eenigenburg
763.786.3421 _ Bill Doty _ Carol Mueller
2"°Vice Chair _ Jean Miller _Barbara Thomas
Jean Miller _ Brian Amundsen — William Werner, Sr
763.786.3959
3. Approval of agenda and minutes
Secretary
Brian Amundsen
763.786.5699 Review and approve agenda
Approval of Aug 11, 2005 Minutes
Matthew Eenigenburg
763.783.7216 4. Citizens comments from the floor
William Mori
784.3645 5. Reports of the Chair
arol Mueller
763.780.1251
6. Reports of members
Barbara Thomas
763.780.6226
William Werner Sr
763.784.3603 7. Unfinished Business
tt. 30 min, Review Chapter 5 Language and Flow Chart revisions.
!. - ---a i : IA - •_ • • • , -
c.15 min, Review time line for Section 7.03 language to go on ballot in 2006..
j.15 min, Review how to address Council action with capital improvements.
8. New Business
15 min, Discuss next month's and future agenda items.
9. Adjournment
3 atil. .a44{-44A-41"-Ar9f 7b
4110
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 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 filed with the Clerk-Administrator with the grounds for the petition and
sponsored by a committee of between 5 and 15 members who are five or more 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 petition in the office of the Clerk-Administrator within 180 days of filing for a
petition. 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 calendars 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 prejudice the filing of a
new petition for the same purpose. 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. 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 petitioned ordinance. If an amendment is proposed by
a majority vote of the Council and presented to the petition committee, the petition
committee has. Within 14 calendar days fromof the receipt of the amended proposed
ordinance to, the petition committee may, by majority vote, 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 for a 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
certification of the election results adoption--unless the ordinance specifies a later
effective date. If the majority do not vote in favor, the ordinance shall not be enacted.
If the petition committee does not file a disapproval statement to a proposed
amendment, 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. If the ordinance receives a majority
- - _ *•• - • -- .-_. - - - - • - •. - e - -. (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 remain in 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-Administrator shall
also officially notify the official sought to be recalled of the sufficiency of the petition and
of 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 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 do not vote in favor, the recall has failed. If a vacancy occurs
due to recall election, Section 4.05 herein shall apply to fill said vacancy.
411
#,(3//15/2,:c.c
Referendum Process Flow Diagram — Sep 15, 2005 cylcakk'
Form Committee of 5 to 15
members and file copy of Deliver All Required Is this the
Obtain at least 15% first time Petition has No
Petition stating the Official's Information to Clerk-
of the Number —► been tested for
me and the grounds for recall 1 Administrator
Registered Voters Sufficiency . y
with Clerk Administrator
Signatures Sec 5.03 Sec 5.03"
Charter Section 5.02 Determine Sufficiency
r.
Sec 5.03 within 5 working days
A Yes
Sec 5.04
Determine Sufficiency
within 14 calendar days I.
Sec 5.03
No Is the Petition
Sufficient?'
Notify the Sponsoring Sec 5.03
Committee and the City
Council andllow Sponsoring 4-
Committee 30 Calendar Days Yes Is this the first Yes
to correct. Sec 5.04 time Petition has been
Insufficient?)
Sec 5.04
No
7eclare Petition Terminated
Due to Insufficiency&Notify
Sponsoring Committee no further
Clerk-Administrator delivers a report, \ action will taken.Sec 5.04
at or before the next regularly
scheduled meeting, stating 4
sufficiency and date of determination
Sec 5.03
• v
City Council Must adopt a
resolution placing the
Ordinance on hold and must
complete the following
courses of action within 150
days of determination of
sufficiency Sec 5.07
V
Prepare for Ballot Election. If there
is no Regularly Scheduled Election
Within 120 Days of City Council
placing the Ordinance on hold,
the Council Shall Call a Special
Election to Take Place Within 90 __
Calendar Days of Said action.
Sec 5.07
Did a Majority Ordinance Fails and
of Those Voting on the No considered Repealed.
Ordinance Vote in Sec 5.07
Favor Bee 5.07
IIIS.
Yes
Ordinance takes effect immediately
unless a later date is specified in the
Ordinance Sec 5.07
. e2,2-9//-7
Recall Process Flow Diagram - Sep 15, 2005 c\c-o-kk
Form Committee of 5 to 15Within 180 days of Is this the
members and file copy of Obtain at least 25% filing petition, first time Petition No
Petition stating the Official's41!
Deliver All Required
of the Number -°. has been tested for
name and the grounds for recall Information to Clerk-
Administrator Registered Voters Sufficiency?
with Clerk-Administrator Administrator
Charter Section 5.02 Signatures. Sec 5.03 Sec 5.03 Determine Sufficiency
Sec 5.03 within 5 working days
Yes Sec 5.04
A
Determine Sufficiency
within 14 calendar days =
Sec 5.03
No Is the Petition
Sufficient?
Sec 5.03
Notify the Sponsoring Is this the first Yes
Committee and the City Yes time Petition has been
Councilor atIlow Sponsoring 4 Insufficient?
Committee 30 Calendar Days Sec 5.04
to correct. Sec 5.04
No
(Declare Petition Terminated
Due to Insufficiency&Notify
Within 5 working days,Clerk- Sponsoring Committee no further
Administrator delivers report action will taken.Sec 5.04
to City Council and the 4
Official stating sufficiency
and date of determination vy'.
• Sec 5.08
The Official shall be allowed
5 working days to provide a
response stating a
justification for their actions
in not more than 500 words.
Sec 5.08
.
Prepare for Ballot Election. If there is no
Regularly Scheduled Election Within 120
Days of determination of sufficiency,
the Council Shall Call a Special Election
to Take Place Within 90 Calendar Days
of Said action.
The published notice of the election shall
include the statement of grounds for recall—
and if provided the Official's response.
Sec 5.08
Did a Majority
of Those Voting on thea No 0 Recall Fails
Recall Vote in Favor Sec 5.08
Sec 5.08
• Yes
The Official is recalled and the vacancy
shall be filled pursuant to Section 4.05
of the City Charter. Sec 5.08 .
ti:,2, 97b-/azc
Initiative Process Flow Diagram — Sep 15, 2005 1 ro
Form Committee of 5 to 154
Within 180 days of Is this the
members and file copy of o filing petition,
Petition stating the Official's Obtain at least 15/o Deliver All Required first time Petition has No
of the Number ► been tested for
name and the grounds for recall Registered Voters Information to Clerk- Sufficiency?
with Clerk-Administrator Administrator
Signatures Sec 5.03 Determine Sufficiency
Charter Section 5.02 Sec 5.03 Sec 5.03
within 5 working days
A Yes Sec 5.04
Determine Sufficiency
within 14 calendar days I.
Sec 5.03
No Is the Petition
Sufficient?
Notify the Sponsoring Sec 5.03
Committee and the City
Counckentl.Ilow Sponsoring f-
Committee 30 Calendar Days Yes Is this the first Yes
to correct. Sec 5.04 time Petition has been
Insufficient?
Sec 5.04
No
Clerk-Administrator delivers a report, / Declare Petition Terminated
at or before the next regularly Due to Insufficiency&Notify
scheduled meeting, stating .4--
Sponsoring Committee no further
sufficiency and date of determination \action will taken.Sec 5.04
y Sec 5.03 \�"
City Council Must Act by Either
Holding a First Reading or �`�"
Providing an Amendment and Allow Sponsoring Did Sponsoring
must complete one of the Did Council Offer Yes Committee 14 Committee Disapprove Yes
•Pecified courses of action
within 150 days of
an Amendment? Calendar Days to The Amendment?
Sec 5.05 Disapprove Sec 5.05
determination of sufficiency Sec 5.05
Sec 5.05
No No
.4
V
Hold First Reading,Schedule a
Public Hearing pursuant to MN II id Council Pas Ordinance Takes Effect After 30
Stat.410.12 and any Additional Ordinance by Majority Yes Calendar Days Unless a Later Date
Requirements, No Vote? is Specified in the Ordinance
Amendments can'be made Sec 5.05 Sec 5.05
after this point. Sec 5.05
No A
V
Prepare for Ballot Election. If there is
no Regularly Scheduled Election
Within 120 Days of the Sponsoring
Committee-Disapproval-or-Council--
Failure
r-Couneil—
Failure to Pass the Ordinance,the
Council Shall Call a Special Election to
Take Place Within 90 Calendar Days of
Said Event Sec 5.05.
Did a Majority
of Those Voting on the No Ordinance Fails and Process
Ends for This Petition.
Ordinance Vote in Sec 5.05
411 FavorSec 5.05
Yes
Ordinance Takes Effect After 30 Calendar
Ordinance
Unless a Later Date
Cis Specified in the Ordinance. Sec 5.05