HomeMy WebLinkAbout03-09-2006 Mounds View Charter Commission Minutes
Meeting March 9, 2006
1111 1. Call to order -The meeting came to order at 8:05 PM
2. Roll Call— Present- B.Amundsen, C. Mueller,J. Miller, B. Thomas,J. Thomas
Absent—
Excused-B.Doty,M.Eenigenburg, William Werner, Sr
3. Approval of Agenda and Minutes
Motion by B.Amundsen, second by B. Thomas.to approve the Agenda as amended
adding Calendar discussion to new business. APPROVED
Motion by C. Mueller, second by J. Miller, to approve minutes of February 7, 2006 as
amended:
1. In 6)correcting spelling of"they"to"the",
2. In 7.1) correcting"thank"to"thanked", correcting"here"to "There", and
"generate"to "generates".
APPROVED
4. Citizens Comments -None
5. Reports of the Chair—
Chair J. Thomas reported on conversation and materials received from M. Beer. Chair J.
Thomas also indicated that he has checked on status of Resolution 2005-02 and the
Council has not acted because a copy of the resolution isn't available. Secretary
Amundsen checked the Public Book and found copy properly filed,which the Chair
indicated he'd provide to the Clerk-Administrator for Council discussion.
• 6. Reports of Members-None
7. Unfinished Business
a. Discussion of Guidelines for 7.03.
Consensus of Commission was to use a formula for control of the tax levy and revenue
side only,while leaving the expenditure control and responsibility with the Council.
Chair requested a member work with Mark Beer on language to control the revenue side,
Secretary Amundsen offered to work with Mr. Beer. Commissioners were concerned
that language be developed to help the public understand the control was in city revenue
and not individual tax payer impact.
b. Review Chapter 5 Updates.
Secretary Amundsen was directed to find a definition for"irregular" and to distribute
suggested language concerns for next meeting. Consensus of Commission was for Chair
J. Thomas to strengthen language for Clerk-Administrator assistance in 5.02. Chair J.
Thomas to find MN Statute references for insertion in to document.
8. New Business
a. Discussion of document markup style.
Secretary Amundsen presented a resolution, to control document markup style, for
review and discussion amongst members. Consensus was that standardization was
needed for documents. Commission members provided input and suggested language
changes for final draft review in March.
Page 1 of 2
Mounds View Charter Commission Minutes
Meeting March 9, 2006
• b. Discussion of Calendar
Commission agreed to continue to meet on 15`Tuesday of month with adjustments for
July, and September. Commission requested the Chair prepare a resolution for the next
meeting with the appropriate dates.
9. Adjournment -meeting adjourned at 10 PM
Respectfully submitted,
Brian Amundsen, Secretary
�'e ze 2t ,
ti/46/10e6
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411
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llIA h CHARTER COMMISSION SPECIAL MEETING
24 Mounds 7:30 PM Thursday, Mar 9, 2006
Vito* ** New Brighton City Hall **
Charter Commission Preliminary AGENDA
Chair 1. Call to Order
Jonathan J Thomas
763.784.5205
2. Roll Call
Vice Chair
Biu Doty Jonathan J Thomas Matthew Eenigenburg
763.786.3421 — -
Bill Doty _ Carol Mueller
2"a 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
Matthew Eenigenburg
Approval of Feb 7, 2006 Minutes
763.783.7216
4. Citizens comments from the floor
Carol Mueller
763.780.1251
5. Reports of the Chair
41111krbara Thomas From Mark Beer MN Statutes Chapter 16B covers the building and related
763.780.6226 permits. 16B.60, 16B.62, and 16B.71 may cove most of what we are looking
William Werner Sr for. They covers all permits related to enforcing the State building code.
763.784.3603 This would account for over 95% of our permit revenue. The remaining is
done by ordinance. Licenses are done by ordinance.
6. Reports of members
7. Unfinished Business
45 min, Discussion of 7.03 language.
30 min, Review Chapter 5 Updates.
8. New Business
15 min, Discuss document markup style.
15 min, Discuss next month's and future agenda items.
9. Adjournment
•
Mounds View Charter Commission Date: 3/9/2006
' Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 6 Page 1 of 5
1 Charter Commission Objectives:
2 1. Response to request made by the City Council to provide both marked up and proposed
3 version of the text
4 2. Throughout the Chapter clarify Mounds View resident terminology usage so that references
5 are more consistent rather than having references to "people of Mounds View", "registered
6 voters", "citizens of Mounds View", and"voters".
7 3. Section 5,01 define the term "voter".
8 4. Section 5.02 define committee as"Sponsoring Committee", its size and membership
9 requirement,_and petition signer requirement.
10 5. Section 5.03 clarify the process and requirements for sufficiency.
11 6. Section 5.04 clarify the process for insufficient petitions.
12 7. Section 5.05 clarify the process for Initiative and process time line.
13 8. Section 5.06 correct "electors"to "voters".
14 9. Section 5.07 correct"into operations"to "enactment", correct "electors"to "voters", assure
15 Chapter 4 applies to setting of election ballot.
16 10. Section 5.08 clarify requirements for"Recall", time line for actions of Clerk-Administrator.
17 council member, and Council,
18 11. Through-out the Chapter change Clerk/Administrator to "Clerk-Administrator" .
19 12. Improve and clarify the readers ability to understand the process, required steps, and time
20 line for circulating and submitting a petition to the City.
• 21 13. Improve the Chapters time elapse definitions to calendar days.
22
23 CHAPTER 5
24 INITIATIVE,REFERENDUM AND RECALL
25
26 Section 5.01. Powers Reserved by the People. The people of Mounds Vicw reserve to
27 themselves the powers in accordance with the provisions of this Charter to initiate and adopt
28 ordinances and resolutions, to require measures passed by the Council to be referred to the
29 electorate for approval or disapproval, and to recall elected public officials. These powers shall be
30 called the initiative, the referendum, and the recall, respectivclyGeneral Voter Authority. The
31 people of Mounds View, have the right, in accordance with this Charter, to propose ordinances
32 [initiatives and to res vire that an ordinance be referred to the voters referendum exce.t those
33 that appropriate money, levy taxes or deal with administrative issues(MN Statute ). The voters
34 also have the right to remove elected public officials [recall-1. The term voter(s), as used in Chapter
35 5, shall refer only to residents of the City of Mounds View who first register, or who have registered
36 and are qualified to vote, Per Minnesota Statute 200.039 (as amended), eligibility to sign the
37 petition is not restricted to only those who were eligible to or did cast ballots in the previous
38 election. For clarity flow charts and a referendum time line are attached to the end of this chapter.
39
40 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter
41 shall be sponsored by a committee of five registered 5 to 15 members who are voters of the City
42 and whose names and addresses shall appear on the petition as the Sponsoring Committee. A
43 petition may-eettsistconsists of one or more papers, but pages with each separately circulated paper
• 44 shat page containing at its head, or attached thereto, the information specified in sections
City of Mounds View
Mounds View Charter Commission Date: 3/9/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 6 Page 2 of 5
41 5.05, 5.07 or 5.08 which apply, respectively,to initiative, referendum and recall. Each signer shall
42 be a registered voter of the City and shall sign their name and give their street address.The
43 'mini -• m. .. ain . .m.l_.- i ion from h- cit I-rk-A•mini r. •r All .- iti.n it 1. er
44 must be voters of the City. Each separate page of the petition sha-}Imust have appended to it a
45 certificate by the circulator, verified by oath;. The certificate shall affirm that each signature
46 appended thereto was made in*hei-rthe circulator's presence and that the circulator believes them to
47 be the genuine signature of the persotnvoter whose name it purports to be. The person making the
48 certificate shall be a resident of the City and registered to vote. and that each signer was presented
49 with the full •etition. Each si'ner of a setition must be a voter of the Ci and mu t sin and .rint
50 their name and give their street address. Any persenvoter whose name appears on a petition may
51 withdraw their name by filing_a statement in writing filed with the Clerk-Administrator before
52 sa-i4the Clerk-Administrator advises the Council of the sufficiency of the petition.
53
54 Section 5.03. Determination of Petition Sufficiency. The committee slra-llmust file the
55 completed petition in the office of the Clerk-Administrator at least 10 calendar days before the
56 ordinance takes effect. The required number of signers shall be at least fifteen percent for initiative
57 and referendum, and for recall, at least twenty five percent of the total number of electors who cast
58 heir votes for president at the last presidential election. immediately upon The Clerk-
59 Administrator shall provide the number of total ballots cast for President in the most recent
60 Presidential election. For a petition to be sufficient,the required number of signatures shall be a
• 61 percentage of that number.
62 'Petitions for Initiative and Referendum require at least 15 percent,
63 'Petitions for Recall require at least 25 percent.
65 Within 10 calendar days of receipt of the petition, the Clerk-Administrator shall examine the
66 petition as to determine if its sufficiency and report to the Council within ten days.can be declared
67 by the City Council. Upon reccivingfinal determination, the Clerk-Administrator shall report the
68 date of the determination and its sufficiency to the City Council. Upon receipt of the report, the
69 City Council shall determine by resolution the sufficiency of the petition immediately declare the
70 sufficiency of the petition by resolution_ in l ing_the reported date of determination of sufficiency.
71
72 Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncilClerk-
73 Administrator determines that the sufficiency of a petition iscannot be declared, it shall be
74 determined to be insufficient or irregular_,the The Clerk-Administrator shall deliver a copy of the
75 petition, together with a written statement of its defects, to the sponsoring committee and to the
76 City Council within 10 calendar days. The committee shall have thirty21 calendar days in which to
77 file additional signature papers and/or to correct the petition in all other particulars, except that, in
78 -- . - • . •. . .• • .. .•-- -- - - . - -- - - - - • - •. . •-
79 which the recall is sought.specified irregularity, Within+f-tve9 calendar days of receipt of the
80 corrected petition, the Clerk-Administrator shall again report to the Council. If the Council finds
81 that the petition determine if sufficiency ofth- p•titi•n as corr- t-i c.n • •e l.rod bv theCitv
82 Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregular,the
83 it • n shell .. . r- • . ion *fin .ffi ien .nd hi h.11 •• •n. i.-r-• t - Find Fin.in•
84 The Clerk-Administrator shall file the petition as noted and notify the sponsoring committee within
• 85 10 calendar days that no further action will be taken. The#Final IFinding that the petition is
City of Mounds View
Mounds View Charter Commission Date: 3/9/2006
Charter Updates: Category 2 Items, Chapter 5
) Revision—DRAFT 6 Page 3 of 5
86 insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor
87 unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall it-
88 not prevent the Council from referring the subject matter of the petition to the voters at the next
89 regular or special election.
90
91 Section 5.05. Initiative. Any ordinance may be proposed by it-petition which shall state at the head
92 of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the
93 t;--;:; . ; ; -- ..' - . - . -• - , : . . .'; ' . : -- -:;-•: •-b -: - --• :: -:
94 : :: : • -- . -- -- - • - - - - - . ..' - -- - - . - 6 .. -•- - - ..
95 its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to
96 enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty
97 days after the final determination of sufficiency of the petition, the ordinance as originally proposed
98 shall be placed on the ballot at the next election occurring in the City. If no election is to occur
99 within 120 days after the filing of the petition, the Council shall call a special election on the
100 ordinance to be held within such period. If a majority of those voting on the ordinance vote in its
101 favor, it shall become effective thirty days after adoption unless the ordinance specifics a later
102 effective date. (Amended, Ord. 650, 8-4-6-2000). The exact text of the proposed ordinance must be
103 stated at the head of each p.ge of the petition or attached thereto. The petition once filed with the
104 Clerk-Administrator shall be valid for 180 days during which time a completed petition with
105 signatures must be filed. Within 60 calendar days after final determination of the petition's
• 106 sufficiency under the provisions of Section 5.03 of this charter, the Council may either hold a first
107 reading of the ordinance. as defined in Section 3.05 of this charter and proceed with the adoption
108 process, or propose an amendment to the petitioned ordinance. If an amendment is proposed by a
109 majority vote of the Council and presented to the petition committee, the petition committee has 14
110 calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by
111 majority vote, and file a statement with the Clerk-Administrator. Upon filing a statement of
112 disapproval, the proposed ordinance, as stated on the original petition, must be placed on the ballot
113 , h- n-, t - i•n • u•-'._ in h- i . - h-r- i • •r••• -• ,•• n.m-n • •• . . h- .- i '•i
114 •mu• -- -- • .• ,m-nom-n - •r.in. - .h,ll •- . ,-. . -• • , • . • i h-, '• . . . -,•
115 to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor, it shall
116 become effective 30 calendar days after adoption unless the ordinance specifies a later effective
117 date. If the amendment is required to be put on a ballot and there is no regularly scheduled election
118 within 120 calendar days of the statement of disapproval, or if the calendar date prohibits
119 compliance with provisions in Chapter 4 of this Charter, at or before its next regularly scheduled
120 m-- in' h- sun it h.11 ,ll , .• i.l -1- ion • .1. - wi hin 91 ,l-nd.r ., of
121 n in . If, m.'•ri of h• - v• in. • h- •r•i•,n • v• - ' i f,v•r i .l , l .- •m- - - i
122 thir •, . - -r - ifi , ion •fth- -1- ion r- _nl- •- •r.in,n - .- ifi- , 1, - -ff- iv-
123 date. If the ma'orit •• not vote in favor the ordinance shall n t be enac -d. If the •-ti ion
124 committee does not file a disapproval statement to a proposed amendment, the Council shall hold a
125 fust reading of the amended proposed ordinance and .roceed with the adostion .rocess. If the
126 Council does not approve the ordinance, it must follow the aforementioned balloting process.
127 (Amended, Ord. 650, 8-16-2000)
128
129
City of Mounds View
Mounds View Charter Commission Date: 3/9/2006
Charter Updates: Category 2 Items, Chapter 5
4 ) Revision—DRAFT 6 Page 4 of 5
130 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as
131 in any way affecting the right of the electors voters to propose amendments to this charter.
132
133 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be
134 subjected to a referendum by a petition which shall state at the head of each page, or attached
135 thereto,the exact text of the measure to be considered by the electorate voters. If the petition is
136 found to be sufficient under the provisions of Section 5.03 of this chapter,the said ordinance shall
137 thereby be prevented from going into operation, and the subject matter of the petition shall be
138 placed on the ballot at the next election occurring in the City. If no election is to occur within 120
139 days after the filing of the petition, the Council shall call a special election to be held within such
140 period, providing the petition has been found to be sufficient. enactment and the City Council must
141 adopt a resolution .lacing the Ordinance on hold and complete the followin• courses of action
142 within 1 ., of.-t-rmin. ion ofs.f i i-nc . Th- u.'- m. -r of h- .- i '• h.11 .- .1. -.
143 on the ballot at the next election occurring in the City. If there is no regularly scheduled election
144 wi hin 121 .l-n..r ., of h- d- -rmination of ffi i-n or if h- .1-no.r •. - . •hi.i
145 compliance with provisions in Chapter 4 of this Charter, upon declaration of sufficiency the
146 Council shall immediately call a special election to take place within 90 calendar days of said
147 meeting. If a majority of the-voters voting thereon favors the ordinance contained in the petition,-it-
148 shall remain in effect. it shall take effect immediately unless the ordinance specifies a later date. If
149 a majority of the electors voting thereon votes against the ordinance contained in the petition, it
ie 150 shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-
151 2000)
152
153 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of
154 the City may be initiated by petition. The voters of the City may request a recall vote of any elected
155 official of the City by petition. The petition shall state at the head of each page, or attached thereto,
156 a certificate stating the name of the officer official whose removal is sought,the grounds for recall-
157 which shall be malfeasance, misfeasance or nonfeasance in o€f-ree;constituting malfeasance or
158 misfeasance,in not more than 250 words, and the intention of the sponsoring committee to bring
159 about the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior
160 to circulation. If the petition or amended petition is found determined sufficient under the
161 provisions of Section 5.03 of this chapter, the Clerk-Administrator shall Wu-I-sift-it submit it to the
162 Council without delay, and as required. The Clerk-Administrator shall also officially notify the
163 person official sought to be recalled of the sufficiency of the petition and of the pending action
164 within five working days. The Council shall at its next meeting, by resolution, provide for the
166 ' ; a- • ..• -•- -•-- . ;. - . - --- -- ;. - - ' - :•-- - ';- : ; ;
•
167 the.holding of the recall vote at that time. The Clerk ' ' ': : -- •• ••• - • •--
168 -; -- : -• . -- ';- -- - . --. .. , .. ;. . ; - - - - - 11
169 words, the answer of the officer concerned in just' -: ':- ; -- -;• ; ; - - . Within five
170 working days of notification. the elected official named b the petition may .rovide an answer for
171 their course of action in not more than 500 words. If there is no regularly scheduled election within
172 120 . -ne,r • - of h- •-t-rmin. ion of ffi ien or ifth- .len•.r ., - .r• '.i om.1'.-n
173 with provisions in Chapter 4 of this Charter, upon declaration of sufficienc the Council shall
City of Mounds View
Mounds View Charter Commission Date: 3/9/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 6 Page 5 of 5
174 imm-•i. -1 .1 . •- i.l -I- tier, • .k- .la - wi hin 'I ,I-n..r •. •f .ie m-- in_ Th-
175 Clerk-Administrator shall include with the published notice of the election, the statement of the
176 r .nt for h- r- ,ll .no he an w-r .f h- •ffi i,l •n -rn-. •r . -m-nt stating no answer was
177 received. If a majority of those voting on the recall vote in its favor, it shall become effective
178 immediately upon certification of the election results. If the majority do not vote in favor, the recall
179 has failed. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said
180 vacancy.
181
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City of Mounds View