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HomeMy WebLinkAbout01-12-2006 Mounds View Charter Commission Minutes • Meeting January 12, 2006 1. Call to order -The meeting came to order at 7:11 PM 2. Roll Call—Present- B.Amundsen, B. Doty, C. Mueller,B. Thomas,J. Thomas, Absent— Excused-M. Eenigenburg,J. Miller, William Werner, Sr 3.Approval of Agenda and Minutes Motion by Bill Doty, second by Barbara Thomas,to approve the Agenda as presented. APPROVED Motion by Bill Doty, second by Carol Mueller, to approve minutes of November 11, 2005 as amended, inserting : 1. in 3) add "the" before November meeting . 2. In 5) correcting spelling"relating"and replacing"rights"with"process". 3. In 7a)inserting"the" after"He expressed concern that". 4. In 7b)correct spelling of"an"in phrase"provided and update"and add a close quote after "registered voter". APPROVED 4. Citizens Comments -None 5.Reports of the Chair Chair J. Thomas reported that he had spoken with League of Minnesota Cities (LMC) and the Mounds View attorney about including a time line in the Charter. The LMC and MV attorneys don't see a preclusion to including a time line as long as the text language of the • time line exactly matches the ve4 e of the Charter and the Charter includes the time lapse(s) in its language. 6.Reports of Members Carol Mueller presented a draft of the December 8, 2005 subcommittee meeting activity. Discussion occurred and Carol and Barb will collaborate on a final version. 7. Unfinished Business A. Discussion of Guidelines for 7.03 Chair J. Thomas opened discussion with a request of members to outline what the Commission will address with this topic. He will prepare a request and invite the City Treasurer to a future Commission meeting to discuss the topic. Discussion among members occurred. Consensus was to establish: 1. a"statement of purpose for taxation", 2. limitation and 3. exception process. Time allotted for discussion was exceedond Commission consensus was to continue discussion at the next meeting. B. Review of Chapter 5: Discussion Discussion was opened by B.Amundsen objecting to the term"application"and requirement to"file"with the Clerk Administrator. Discussion occurred and consensus was to remove the term and requirement. Other language changes were suggested also. Time allotted for discussion was exceed:and Commission consensus was to continue discussion at the next meeting. Page 1 of 2 Mounds View Charter Commission Minutes • Meeting January 12, 2006 C. Discuss resolution on future meeting dates Motion by B. Thomas, second by C. Mueller,that the Mounds View Charter Commission approve Resolution 2006-1 to meet on February 7,2006,March 7, 2006 and April 4, 2006.Discussion occurred that the motion was consistent with the motion of November 10, 2005 to move meetings to the first Tuesday beginning in 2006. APPROVED 8.New Business D. Review 2005 Annual Report Chair J. Thomas presented a draft annual report for review. B.Amundsen had several objections: 1. the content presentation of the results accomplished, 2. the lack of report for November 2004, 3. December 9, 2004 was canceled in Nov. and therefore no meeting was canceled because of lack of quorum. 4. the appearance representing that the Commission was busy,when reality was there were only six resolutions in 2005. Discussion with members occurred. Corrections to the language were suggested. Motion by B. Thomas, second by C. Mueller to approve amended version of Commission Annual Report, and for amended version to 1?-‘submitted to the District Court. APPROVED E. Charter Commission By-Laws • B.Amundsen opened discussion that the By-Laws as presented are incorrect. There is a statement at the end of document that the By-Laws were ADOPTED by the Commission in Resolution 2005-06 on August 11,2005. B.Amundsen read Resolution 2005-06 which changes Article II, Section 8 to change from two to four for the sentence"No officer shall be eligible to hold more than four consecutive terms in the same office."Chair J.Thomas explained that he had distributed the By-Laws so all members would have copy of the language change. It was agreed by consensus that the adopting language of the distributed version would be removed and the date of the current version of August 11, 2005 would be left in the footer. F. Charter Commission By-Laws C.Mueller moved,B. Doty seconded, a motion directing the Chair to prepare a resolution for the February meeting to change the language of Article II, Section 2 to remove"each year at the October meeting". APPROVED G. Agenda for February 2006 meeting: 1. Discussion of 7.03 language 2. Discussion of Chapter 5 3. Charter Commission By-Laws Change 9. Adjournment Motion by B. Doty, second C. Mueller to adjourn. APPROVED Meeting adjourned at 9:25 PM Respectfully submitted, • Brian Amundsen, Secretary ' r + �� ?61/1 Page2of2 Cityof CHARTER COMMISSION SPECIAL MEETING Mounds 7:00 PM Thursday, Jan 12, 2006 • View ** New Brighton City Hall ** Charter Commission :' Preliminary AGENDA Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty 763.786.3421 _ Jonathan J Thomas _Matthew Eenigenburg _ Bill Doty _ Carol Mueller 2°d Vice Chair _ Jean Miller _Barbara Thomas Jean Miller Brian Amundsen William Werner, Sr 763.786.3959 Secretary 3. Approval of agenda and minutes Brian Amundsen 763.786.5699 Review and approve agenda Approval of Nov 10, 2005 Minutes Matthew Eenigenburg 763.783.7216 4. Citizens comments from the floor Carol Mueller 763.780.1251 5. Reports of the Chair arbara Thomas 63.780.6226 William Werner Sr 6. Reports of members 763.784.3603 7. Unfinished Business 30 min, Discussion of 7.03 language. 30 min, Review Chapter 5 Updates. 15 min, Discuss and pass resolution re: future meeting dates. 8. New Business 15 min, Review Annual Report. 15 min, Discuss next month's and future agenda items. 9. Adjournment • aft 01 el, City of Mounds Resolution No. 2006-01 • Mounds View Charter Commission View Dated January 12, 2005 Cfiarter Commission Chair Resolution setting the meeting schedule for February 2006 through April of 2006. Jonathan J Thomas 763.784.5205 Vice Chair WHEREAS, at it's January 12th, 2006 meeting the Charter Commission moved, Bill Doty seconded and passed the motion to meet at 7:00 PM the first Tuesday of 763.786.3421 each month from February 2006 through April 2006. 2"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: February 7, 2006, March 7, 2006, and April 4, 2006. Secretary Brian Amundsen 763.786.5699 Adopted the 12th Day of January 2006. Matthew Eenigenburg 763.783.7216 Carol Mueller W63.780.1251 Respectfully submitted, arbara Thomas •763.780.6226 "ps4gY � William Werner Sr 763.784.3603 Jonathan J Thomas, Chair Brian Amundsen, Secretary r • City of Mounds View Staff Memo To: Mounds View Charter Commission Members From: Desaree M. Crane, Administrative Assistant Date: January 5, 2006 Item Title/Subject: Special Meeting of the Charter Commission (1-12-2006) Attached is an Agenda for a Special Meeting of the Mounds View Charter Commission on January 12, 2006. Due to a scheduling conflict, the Charter Commission could not meet on January 3, 2006. This scheduling conflict was due to the holidays, which bumped a regularly scheduled City Council Work Session to Tuesday, January 2, 2006. This meeting was called by Jonathan Thomas, Charter Commission Chairperson. Please do not hesitate to contact me if you have any questions. Sincerely, Desaree Crane (763) 717-4016 CHAPTER 5 • INITIATIVE, REFERENDUM AND RECALL Section 5.01. ,• fs-Reserved--bv=tt#e-Peeple. The-people-of-Mounds-View 4eunds--View reseiwe$e he+nselves-the powers in accordance with the provisions of this Charter to initiate and adopt ordinances and resolutions,to require puhtie-efc-ials These power--s r l-lie-c-aited-the-initiattive,-the-refer dum-and-the--reea1trrespee-tivelyGeneral Voter Authority. The people of Mounds View, have the right, in accordance with this Charter. to propose ordinances [initiative] and to require that any ordinance be referred to the voters [referendum]. except those that appropriate money, levy taxes or deal with administrative issues. 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. For clarity flow charts and a referendum timeline are attached to the end of this chapter. Section 5.02. General pro` s-fer-Petitions. ATo circulate a petition provided for under this chapter-shall. it must be filed with the Clerk-Administrator with the grounds for the petition and sponsored by a committee of five register-e€15 to 15 members who are voters of the City and whose names and addresses shall-appear on the petition as the Sponsoring Committee. A petition may consistconsists of one or more papers,butpages with each separately circulated paper shall containpage containing at its head,or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to • initiative, referendum and recall. -. - . - name and give their street address 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 shailmust have appended to it a certificate by the circulator, verified by oath;. The certificate shall affirm that each signature appended thereto was made in theifthe circulator's presence and that the circulator believes them to be the genuine signature of the person voter whose name it purports to be. - ;- : • - --• ..- , - .., - -. and that each signer was presented with the full •etition. Each si•ner of a setition must be a voter of the Cit and must si•n and •Tint their name and give their street address. Any personvoter whose name appears on a petition may withdraw their name by filing a statement in writing filed-with the Clerk- Administrator before saidthe Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The committee shattmust file the completed petition in the office of the Clerk-Administrator.- h fequired-nmbe ofsiener-s s . . -. = en pest fo-ii iti-aai• nd-rz fe endu nd 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 Recall, at least twenty five 25 percent of the total number of electors who cast he ete-#at=president a t1 e—Iasi-p si €Ciel-electien-,-kr+med te-ly= upon__ Within 10 calendar days of receipt of the petition, the Clerk-Administrator shall examine the • petition as to determine if its sufficiency and report to the Council within ten days.can be declared by the City Council. Upon recfinal determination, the Clerk-Administrator shall report the date of the determination and its sufficiency to the Council. Upon receipt of the report, the Council shall determine immediately declare the sufficiency of the petition by resolution the sufficiency of the petitionincluding the reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council Clerk- Administrator determines that the sufficiency of a petition iscannot be declared, it shall be determined to be insufficient or irregular-tee. 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 within 10 calendar days. The committee shall have thifty21 calendar days in which to file additional signature papers and/or to correct the statement-of-the grounds-or iseh4he-feeail-is-seught.specified irregularity. Within €v-e9 calendar days of receipt of the corrected petition, the Clerk-Administrator shall again-Pepe -t e €ounc i. i'-the-Coanc-i1- rods-that-4 -petition-determine if sufficiency of the petition as corrected can be declared by the City Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the City Council shall pass a resolution of Insufficiency and this shall be considered the Final Finding. The Clerk-Administrator shall file the petition as noted and notify the sponsoring committee within 10 calendar days 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,nor unless otherwise specified within this Charter. Except in the case of a petition for recall, • it shall it-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. Any ordinance may be proposed by a-petition.-which shall state at the-hem-oma ei ag err-attached-t -ete-the-e-xac-t-te- e#=trie-1 aps d-er iftanc-e—ff-tl e-C-ou3 it-passim tine pfoposed-srdinanee-with-amendine and-a--majority-ref-tie-spore- sori eonn -ittee-de-net-dapp+sve-the-amended need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority ordinance-as-originally prepesed-shred The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The petition once filed with the Clerk-Administrator shall be valid for 180 days during which time a completed petition with signatures must be filed. 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 14 calendar da s 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 ori•inal petition must be placed on the ballot at the next election occurring in the City. If no election is to occur within -0_days-a-fter-the-feline-efthe-petition-the-Cau cell-shall-ezill-a-spealal election-on e-vrdinance4e-be-held-within • • suth-pefied: If there is no proposed amendment, or should the petition committee a•ree 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 re•_ularl scheduled election within 120 calendar da s of the statement of disa••roval or if the calendar date prohibits compliance with provisions in Chapter 4 of this Charter, at or before its next re•ularl scheduled meetin. the Council shall call a s•ecial 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 certification of the election results unless the ordinance specifies a later effective date. If the ma'orit 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 readin• of the amended •ro•osed ordinance and •roceed 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 eieetersvoters 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 eketorate.voters. 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 g,ein,4-ifne-eperatioiti and the 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 is to occur within 120 calendar days after the filing of the petitiendetermination 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 he heidtake place within such period.providing the petition has been found to he sufficient.90 calendar days of said meeting. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain intake effect. If a majority of the electors voting thereon 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. '-- . - - - - - w -- - - - --.The-voters of the Cit ma re•uest a recall vote of an elected official of the City-by petition. The petition shall state at the head of each page, or attached thereto, a-certificate--stat-ing the name of the oficieerofficial whose removal is sought, the grounds for recall;wi i -shah-be- constituting malfeasance; or misfeasance-n nonfeasance • i-n--effic-e, in not more than 250 words, and the intention of the sponsoring committee to bring about the officeesofficial's recall. &ehThe petition shall be filed in the Clerk- • Administrator's office prior to circulation. If the petition or amended petition is founddetermined sufficient under the provisions of Section 5.03 of this chapter, the Clerk- Administrator shall transmitsubmit it to the Council without delay, andas required. The Clerk- Administrator shall also officially notify the personofficial sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, pro•-We for • -: , '4- -in ninety daffier-such-meeting, except-if any other election is to occur within - .. . . - - •-- - . .. • -- the holding of the recall vote at that ti.me.fiVe working days. Within five working days of notification the official ma_•rovide an answer statin. the •ustification 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 comsliance with srovisions in Chaster 4 of this Charter uson declaration of sufficient 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-also-ire-not-more-than 5.0-0-word the answer of the offieefofficial concerned .in tifieatien-ef-thee,- .'e: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. • • 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 jinitiative] and to require that any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or deal with administrative issues. 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. For clarity flow charts and a referendum timeline are attached to the end of this chapter. 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 5 to 15 members who are voters of the City and whose names and addresses appear on the petition as the Sponsoring Committee. 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. 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 10 calendar days of receipt of the petition, the Clerk-Administrator shall determine if its sufficiency can be declared by the City Council. Upon final determination, the Clerk-Administrator shall report the date of the determination and its sufficiency to the Council. 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 410 and to the City Council within 10 calendar days. The committee shall have 21 calendar days in which to file additional signature papers and/or to correct the specified irregularity. Within 9 calendar days of receipt of the corrected petition, the Clerk- Administrator shall determine if sufficiency of the petition as corrected can be declared by the City Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the City Council shall pass a resolution of Insufficiency and this shall be considered the Final Finding. The Clerk-Administrator shall file the petition as noted and notify the sponsoring committee within 10 calendar days 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 unless otherwise specified within this Charter. 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. The petition once filed with the Clerk-Administrator shall be valid for 180 days during which time a completed petition with signatures must be filed. 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 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 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 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. (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-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. • • Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor,and attested to, filed and preserved by the Clerk-Administrator. Every ordinance shall be published at least once in the official newspaper as soon as practicablebetween 7 and 14 calendar days after adoption,either in its complete form preceded by a summary of its contents or as a title and summary.1 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its members, direct that only the title of the ordinance and a summary be published,with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended, Ord. 700, 8-26-2002) 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date 01/26/06 Charter Updates: Category 2 Items,Chapter 5 • Revision—Draft 4 Page 1 of 4 Charter Commission Objectives, not inclusive or all language changes: 1. ' - .•n eto r-• m,.- • the i • n • .re is- set ,rk-s u. , ors se -• v-r ion •fth- tex 2. Throughout the Chapter clarify Mounds View resident terminology usage so theat references are more •n i -ntr. -r h,nh.-vin• r-fer-n - • "•r••l- •fM• n• i-w" "r- i -r-. v• •r " " i iz-n of Mounds View", and"voters". 3. Section 5.01 define the term"voter". 4. Section 5.02 define committee as "Sponsoring Committee", its size and membership requirement,and petition signer requirement. 5. Section 5.03 clarify the process and requirements for sufficiency. 6. Section 5.04 clarify the process for insufficient petitions. 7. Section 5.05 clarify the process for Initiative and process time line. 8. Section 5.06 correct"electors" to"voters". 9. Section 5.07 correct"into operations"to"enactment",correct"electors"to"voters", assure Chapter 4 applies to setting of election ballot. 10. Section 5.08 clarify requirements for"Recall", time line for actions of Clerk-Administrator, council member, and Council. 11. Through-out the Chapter change Clerk/Administrator to"Clerk-Administrator" . 12. Im.r• - ,n• l.ri he -,.-r . •ili • ,n.-r .n. h- .r• - r-. ir-• -. .n• im- in- fir circulating and submitting a petition to the City. 13. Improve the Chapters time elapse definitions to calendar days. • Section 5.01. Powers Reserved by the Peoplc.General Voter Authority. The people of Mounds View reserve to themselves have the perwers-fightin accordance with -- :-: :- • • .a- • : - -:.' • --•:-. •- .. . . • -- :.- ; this Charter,to propose ordinances [initiative and to re•uire that an ordinance be referred to the - -- : ; • :. ::: : •: •- - •• , _ - •• vo ers referendum exce•t those that a••ro•riate mone or ley t.xes. The voters also have the ri.ht to r-move elected public officials. These powers shall be called the initiative, the efcrcndum,and the recall, respectively. r Th- -rm • r , u -a i h.• er hell r-f-r •nl • - -n • h- ii •fM•.n. View who first regi ter or who have registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), e igibili y to sign the petition is not restricted to only those who were eli'ible to or did cast ballots in the previous election. For clarity flow charts and a referendum time line are attached to the end of this chapter. Section 5.02.General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered to fifteen members who are voters of the City and whose names and addresses shall appear on the petition as the Sponsoring Committee. A petition may consistconsists of one or more papers,butpages with each separately circulatedpaper shall con`ainpage containing at its head,or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively,to initiative, referendum and recall. . - -• - . :• . _ • - •: - - • • • _- -• - • •c • tively,to initiTh- •mmii-- m, •• ,in , .m.l- .- i ion from h- itt 1-r A.mini r, •r. All .- i ion circulators must be voters of the City. Each separate page of the petition shattmust have appended to it a certificate by the circulator, verified by oath;The certificate shall affirm that each signaturetiventleel4berete was made in theirthe circulator's presence and that the circulator believes them to be the genuine signature of the personvoter whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. be and that each signer was presented with the full petition. Each signer of a •etition must be a voter of the Cit and must sign and print their name and give their street address. Any persenvo er whose name appears on a petition may withdraw their name by filing a statement in writing€rled with the Clerk-Administrator before saidthe Clerk-Administrator advises the Council of the sufficiency of the petition. City of Mounds View • Mounds View Charter Commission Date 01/26/06 Charter Updates: Category 2 Items,Chapter 5 • Revision—Draft 4 Page 2 of 4 Section 5.03. Determination of Petition Sufficiency. The committee shaa-tmust file the completed petition in the office of the Clerk-Administrator at least ten days before the ordinance takes effect. 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 signcrssignatures 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 10 weeking calendar days of receipt of the petition,the Clerk-Administrator shall d-termine its suffi ienc can be decl.red b -the Cit Council. U.on final determination of ffi ienc the Clerk- Administoer shall report the date of the determination and its sufficiency to the Council {pkat or before the next regularly scheduled Council 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 e--euneilClerk-Administrator determines that the sufficiency of a petition iscannot be declared, it shall be determined to be insufficient or irregular,;LtThe Clerk-Administrator shall deliver a copy of the petition,together with a written statement of its defects, to the sSponsoring eCommittee and theClty Council within 10 calendar days. The Sponsoring eCommittee shall have thirty30 calendar 21 calendar days in which to file additional signature papers and/or to correct the a- ' •6- •'- : -- :: -•' • : -, • -- --. ,specified irregularity. in the case of a petition for recall, the _ _ ;. ;•. Within nine calendar-days of receipt of the corrected petition,the Clerk-Administrator shall :::'- •.: Council F-a3 th t determine the sufficiency of the petition as corrected can be declared by the City Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the City Council shall pass a resolution of insufficiency and-this shall be considered the Final Finding.-anti tThe Clerk-Administrator shall file the petition as noted and immediately notify the sSponsoring eCommittee within ten calendar days 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 unless otherwise specified within this Charter. Except in the case of a petition for recall, lief it shall it 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. Any ordinance may be proposed by a petition. - • • - •• • - --. • . • at the - -- - ---- .• - • . . . - : --The exact text of the proposed ottliftaftee7ordinance must be stated at the head of each page of the petition or attached thereto. The petition once filed with the Clerk-Administrator shall be valid for 180 days during which time a completed petition with signatures must be filed. 4f-t The Council passes must act upon the proposed ordinance -.it,_ ,.._..cndaterit , and a within 60 calendar days after final determination of the petition's sufficienc under the provisions of Section 5.03 of this chapter. The Council may either hold a first readin' of the ordinance as defined in Section 3.05 of this Chart-r and roe-ed with the ado,tion .rocess or propose an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote of the Council and .resent-d to the .etition S.onsorin' Committee the S.onsorin' Committee h.s 14 eaten .r da s from r- ei.t of the amended porposed ordinance to disapprove the amendment by a majority : - •--- - -: •- -- --•--- -;a• - •- -- . -•-. • - --- - vote, and filen a statementffled with the Clerk- Administrator • ' -• - .. ' - •. _ • -- • , -• ; .' . -• . : .- .:- - -- •; - Ral‘i.:A EL;1:W'L;1:/t1117-f.17714i;J_WiA ;. .• ; • ; •• • • • ; --- • ..: : ; ;•; • ; • e�igtnat�amena ordinance. r ld4if the p s � Crd reeo the n --ndmen the ordinance shall be for a .u1 ichearn_ usuant to MNStatute City of Mounds View Mounds View Charter Commission Date 01/26/06 Charter Updates: Category 2 Items,Chapter 5 Revision—Draft 4 Page 3 of 4 410.12. If the ordinance receieves a majority vote of the Council in its favor, it shall become efective 30 calendar days after adoption unless the ordinance spevifies a later effective date. ' -: --.' : : : -•: - : ; - • ---- . -i.j. _ •• . •- : . : j: ; • • -- : ;i: • - . ; • -. --•j . r. -:i: - . • : - i; : . -. ; :- • "L . -; - - ; - ; ;. • • "•" -- . - •- -- :- ' ';-,Ifthe amendment is required to be put on a ballot and there is no re! lad scheduled election within 120 c.lendar da s of the sta-ment of disa.*royal .- -- • if h- . -no(r - ors '•i .m•li! - wih • .• i ion i h!. -r4 of hi. h! -r ! .r .-f• - i n-x regularly scheduled meeting,the Council shall call a special election ;- -• •-: -• ; : -- • • -•- - *- ;:. . :'; • . : • •; '-: :- -- ; . !k- .l! - wi sin •1 .l-n..r .! of !'• m-- in_ If h-_ ordinance receives a majority vote in its favor, it shall become effective thirty30 calendar days after certification of the election results,adoption-unless the ordinance specifies a later effective date. If the majority do not vote in favvor the ordinance h.11 not be enacted If the .eti ion S.•nsorin Commit ee doe not fil- a .isa.•roval -m-n . ! .r•.• -. . -n.m-n - • .n it h,11 h.l. ! fir r-,gin. .m- .•. •r•.• -. •r.' !n - !no 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 eleetersvoters to propose amendments to 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 elcctorate.voters. 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 ,enactment and the i Council must ado. a resolution •lacin' the ordinance on hold and com•l• - he followin' courses of action within 150 days of deterimination of suffciencv.;and+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-is-to-et-cur-with-in- 12 lection is to within12 days after the filing og the petition 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 sufficienc the Council shall immediately calla special election to o- -- : • ' • fund to be s.-.f:eicn.take place within 90 calendar da_ of .id m-• in. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain-intake effect. If a majority thereon 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. Consideration by the electorate The Voters of the City may request by petition a recall vote of any elected officer official of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto,a certificate stating the name of the officcrelected official whose removal is sought,the grounds for r . on i in: •-: . •• -'-- --: malfeasance,OL, misfeasancemisfcasamec or nonfeasance in office, in not more than 250 words, and the intention of the sSponsoring eCommittee to bring about the officer's elected official's recall._Stuel3The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition . : ---•-; e- • •:- •• •-;is determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmitsubmit it to the Council as required. The Clerk-Administrator shall also officially notify the persenpetition named elected official sought to be recalled of the sufficiency of the petition and of the pending action:Thcwithin five working days. ;. --• - ' - -- - -- --; . ';-, -- -; .•- ; : . - . - -- ':- --- -_, -- ;. - . - • - - •;- : : : -- -- . _ . -- - . •; - - - - . Within five working .. • . ifi ion h- .- ' ion n.m-• -1- -• • i i.l m!_rr•vi.• In ! _w-r ! in! .•justification of their course ofacti•n in not more than 500 woes. If there is no re.ularl sche• led el-ction within 120 calendar da s City of Mounds View Mounds View Charter Commission Date 01/26/06 Charter Updates: Category 2 Items,Chapter 5 4, Revision—Draft 4 Page 4 of 4 of the determination of sufficiency or if the calendar date prohibits compliance with •rovisions in Chaster 4 of h' .s- s•� s- 1. , is •_ . .fit i . ._ - • .t ilh,l1 ' r.', -1 :II , '.l -1- Si' • s . - 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, : -; '- -: - -• - t i -, the answer of the officcrpetition named elected official • -; - '• • •- • - - • -- : : --or a statement stating no answer was received. If a majorit 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. 1111 • City of Mounds View FW: I can't make it to the Charter meeting tonight-I'm sorry! mailbox:///F1/Email/Jthomas/JThomasUS/Inbox?number=8511179... Subject: FW: I can't make it to the Charter meeting tonight - I'm sorry! From: "Cami.Mueller" <Cami.Mueller@target.com> Date: Tue, 7 Feb 2006 15:17:50 -0600 ( To: "Jonathan J Thomas" <jthomas@usinternet.com> CC: <bvamundsen@comcast.net>, "Cami.Mueller" <Cami.Mueller@target.com> sorry, I forgot the attachment! From: Cami.Mueller Sent: Tuesday, February 07, 2006 3:15 PM To: 'Jonathan J Thomas' Cc: Cami.Mueller; bvamundsen@comcast.net Subject: I can't make it to the Charter meeting tonight - I'm sorry! Hi Jonathan, I'm sorry - I can't make it to the Charter meeting tonight, a family commitment has come up. I have attached an Analysis of MV city budget 1996 -2005. It's one page if you landscape it, should you wish to print it. Based on statistics provided in December, our City revenues increased from $3,714,860.00 in 1996 to $5,117,942.00 on 2005. This represents a 72.5% increase over the 10 years. Our City expenditures increased 65% over the same period, from $ 3,342,124.00 in 1996 to $5,615,237.00 in 2005. Even if the budget approved for 2006 was based on 2005 spending figures, we will have more revenues, because the property values were raised by the County. Maybe we should consider a recommendation that has two parts: one: limit spending to a certain (90%) percentage of revenue, based on previous year. two: limit tax increase to maximum of(9%) from previous year. The numbers in parenthesis are my recommendation as a place to start discussion. If we recommend a 10% reserve of the revenue, we shouldn't have to exceed single digit tax increases. In 96 & 97, we spent 92% of our revenue, which helped us through 1998, 1999, 2001, and 2003, when expenditures were more than revenue. In fact, 2003 exceeded revenue by $1,384,992. And we had double digit tax increases in 2003, 2004, and 2005. Without the reserve from previous conservative years, we could have been in serious trouble. In 2005, expenditures and revenue were almost even, in spite of huge tax increases. That's my report for tonight : ) Carol No virus found in this incoming message. Checked by AVG Free Edition. tVersion: 7.1.375 /Virus Database: 267.15.2/252 - Release Date: 2/6/2006 MV 10 yr budget summary 2005.xls Content-Description: MV 10 yr budget summary 2005.xls 1 of 2 2/7/2006 5:13 PM 16 (/) W x QCO CO W N 0U E co o a0 to -o Z II ca co d- CO co N co d1 N- o O O a) 0 UO T d" N O N d' N . N� U 73. O2 NTC( TLU N.(1) NC) LOC) LOC >(O N = d Ea ER 6? fCff} 69 _ E¢ 09 U) C CO U > C.) 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(/) T T r- T o N N N N N N m Ln co M L(7 & o CN o CO E ON a) >, >, 0) (3) ,- O 0) ai O C3) CA O co C) N 1 U C = L 1 T • City of Mounds View Property Tax Levy and Other Revenues For Mounds View Charter Commission 2005 Approximate Cash Net Asset Balance Balance 2005 Major source of revenues General fund 2,711,726 2,557,284 Property tax supported,State grants, Franchise fees,Lic.&permits,transfers from other funds Special Revenue Funds Cable 226,465 248,727 Franchise fees DARE 14,283 19,302 Grant and forfeitures Police Grants 5,429 5,819 Various grants Forfeiture 29,838 29,838 Criminal forfeitures EDA 154,741 108,764 Transfers from TIF Sp.Rev.Funds Community Center 107,170 145,563 Tenant rent,room rental,Transfer from General Fund Lakeside Park 5,401 892 City contribution and Spr.Lake Prk.contribution Recycling Grant (691) 8,178 SCORE grant Levy Reduction 5,438,477 5,438,477 Net proceeds from sale of Bridges golf course TIF District 1 1,146,565 144,587 Tax Increment TIF District 2 144,587 161,010 Tax Increment TIF District 3 694,614 694,614 Tax Increment TIF District 5 - (18,750) Tax Increment Vehicle and Equipment 1,495,304 1,388,304 Transfers from General,Water,Sewer,and Storm Water funds 11110 Special Revenue Funds subtotal 9,462,183 8,375,325 Debt Service Funds TIF Revenue Bonds 2001 97,684 172,238 Transfers from TIF Spec.Rev.Fund GO Improvement Bonds 2004 415,119 368,675 Property tax supported,spec.assessments Debt Service Funds subtotal 512,803 540,913 Capital Projects Funds Special Projects 3,137,621 2,937,255 Investment income,est in early 90's Street Improvement 1,345,102 1,375,988 Franchise fees Park Dedication 376,055 375,205 Park dedication fees Community Fund 2,316,638 2,386,138 Pre 1997 Interest on TIF Funds Municipal State Aid(street grants) 588,187 588,038 Municipal State Aid Allotment for roads Capital Projects Funds subtotal 7,763,603 7,662,624 Enterprise Funds Water 1,220,473 3,764,165 Water charges Sewer 2,827,914 5,200,758 Sewer charges Street Light 93,528 198,617 Street Light charges Storm Water 785,631 2,098,551 Storm Water charges Enterprise Funds subtotal 4,927,546 11,262,091 Total of all Funds 25,377,861 30,398,237 i • ' >� � O O 0 0 c7 c) N N O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 CCO O 0 0 O CO 0 0CO O cc O cc O co- O ` N - Na — a) ) C) 6) 0 C) (OCV (N 63 69 69 64 64 69 69 64 69(R 69 69 O O O (00 O O a N O 6n) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y `'re- 0 0 0 U) 0 O tD M N O 0 0 0 0 0 0 0 00000000000000000700000 ,7 a O (6 V' O N 0 0 0 a 0 N U) O O O N O O N_ 0 61 O tD N 0 a0 a to O No N tn 0 O 0". 0 0 0 tD O O (: U C) Lc) (0 C) C) CO CD C) C) CD O 6) 0 t- U) N N CO a N C) CQ C) n- e- C9 N [h ") r- N N U) O 3, (0 ,- C) C) C) .,- N U ❑ _ %- .- M N 0 (I) //�� O O y/ a N N U3 64(9 69 69 64 fA 69 E9 69 69 69 69 64 69 64 69 69 69(9 V)(9 64 64(R 69 69 69 69 69 69 69 E9 69 64 64(9(A 69 E9 p m E O I c nm NQ °'°' o Q°N .5 t". 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Improvement Bonds 2004A debt service fund 190,678 Total property tax levy 3,838,334 • • --PH Set a Public Hearing for Proposed Ordinance Y 0 0- 11) U, yHold Public Hearing &First Reading vnot required to be in the same meeting v, First Opportunity Referendum Petition Application j-- !' Second Reading/Adoption CO N , CO ci, 4 - Publication of Ordinance Submit Referendum Petition with y w Signatures to Clerk-Administrator Council must either pass a resolution for Petition Sufficiency and Suspend the Ordinance, or pass a Cl) • Resolution delaying the effective date of the TOrdinance takes effect unless challenged Ordinance 30 days to allow process completion. by Referendum Petition Clerk Administrator provides written report to Sponsoring Cmte detailing deficiencies. II ti II a_ o co Re-Submit Referendum Petition with 'r o deficiencies corrected to Clerk-Administrator CO CO r-r 0 Council must either pass a resolution for Petition . Ordinance takes effect unless Referendum n Q Sufficiency and Suspend the Ordinance, or pass a -A Petition Succeeds Resolution for Insufficiency and the Ordinance (D o takes effect. c13 -a Cn o Clerk-Administrator provides written notice `1)y El o of Petition Insufficiency to Sponsoring Cmte yyF., �" --! O a. (D 5 =1* v (D0 aD 7 (D -: < 5- v • N = N N.) <N O n O (D (S1