HomeMy WebLinkAbout04-18-2006 Joint Charter Council Mounds View Charter Commission
Joint Council Commission Work Session Meeting April 18, 2006
. 1. Call to order -The meeting came to order at 7:10 PM
2. Roll Call— Present- Council: R. Stigney, S. Gunn, J. Flaherty, B. Thomas and
Staff: K. Ulrich,M. Beer
Commission: B. Amundsen, C. Mueller, J. Miller, B. Thomas,
J. Thomas, William Werner, Sr.
Absent— Council: R. Marty
Excused - Commission: B. Doty, M. Eenigenburg,
3. Public Comment-None
4. New Business
A. Section 7.05 of the Mounds View City Charter
Discussion about the changes requested and made to the section.
• Long-Term changes to Five-Year
• Deletion of the Public Service Program, because information is actually carried in the
Fiver Year Revenue and Expense Estimate.
• Adding the measurement of objectives and needs to the Five-Year Revenue and
Expense Estimate.
• Consensus that the Council would be accepting of the language changes and the
Commission supported the changes.
B. Section 7.03 of the Mounds View City Charter
• B. Amundsen introduced the document to the members and the general changes
• made.
Line 18
• Mark Beer to establish a method to define the"period of time"to reference for
the CPI, which might be the previous 12 months of July 1 to June 30.
• W. Werner asked members to reconsider the CPI formula and use a"0"and
maximum of 5%. R. Stigney supported this position. K. Ulrich reminded
everyone that the community survey last year indicated a 6-7% rate was
acceptable. S. Gunn supported language as is. J. Flaherty supported language as
is. B. Thomas doesn't want to go to a flat CPI. B. Amundsen suggested analysis
of the actual increased levy rates for past 10 years and future 5 years from M.
Beer. M. Beer agreed to gather for Council and Commission. R. Stigney would
like to have M.Beer analysis before proceeding further with the CPI rate.
• Line 32
• Suggestion to change"plain language"to "readily understandable by lay citizen".
• It was requested that the Commission continue to get input from K. Ulrich, Chair
Thomas agreed the practice would continue.
• Line 52 add "of a"between operation and regulated.
• Line 95 needs to be reworded for easier understanding.
C. Chapter 5 of the Mounds View City Charter(Policy Based Ballot Issues)
• Discussion of why this language is being considered for ballot versus an ordinance
when an ordinance process is allowed. Chair J. Thomas provided explanation for the
choice between ballot and ordinance request. Consensus was that an ordinance should
be used rather than ballot, although more redundant language may be needed in some
areas.
• Line 12 Change"15"to "10".
110
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Mounds View Charter Commission
Joint Council Commission Work Session Meeting April 18, 2006
111 • Line 17 Deletion of"registered"
• There was discussion about the language around"sufficiency" also.
• Chair Thomas informed members that more language changes would be discussed at
the next Commission meeting.
D. Resolution 2006-05, Chapter 7.04 through 7.12 f the Mounds View City Charter as
modified from the April 10, 2006 City Council Meeting.
• Discussion of the changes that were made to 7.05 and how those changes are now in
the current Resolution, although the rest of the Resolution is the same as 2005 -02
with some words added that had been dropped previously by"cut and paste"
methods.
5. Adjournment
Meeting was adjourned at 9:00 PM
Respectfully submitted,
Brian Amundsen, Secretary
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Mounds View Charter Commission Date: 4/18/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 20060418 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 usa.e so that refere ces
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. ouch-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.
/pi 22
23 CHAPTER 5
24 INITIATIVE,REFERENDUM AND RECALL
25
26 Section 5.01. Powers l..' c erved by the People. The people of Mounds View reserve to
27 47 a i- . t
28 ♦ i ; 't
ti T •f- i ■ i F6.
30 -< . .General Voter Authority. The
31 people of Mounds View. have the right, in accordance with this Charter, to propose ordinances
32 jinitiativel and t. re.u're that an 7 ord.na ce Be referred t the voters re e endum . exce.t those
33 that anpropriate mone ' lev -taxes er deal with administrative issues MN Statute ). The voters
34 also have the right to remove elected public officials [recall. The term voter(s), as used in Chapter
35 S 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 10 members who are voters of the City
42 and whose names and addresses-sha-l-l4must appear on the petition;as the Sponsoring Committee. A
43 petition consists of one or more papers, huta e wit 1 each separately circulated paper
44 shall conta4npaee containing at its head, or attached thereto,the information specified in sections
11111
City of Mounds View
Mounds View Charter Commission Date: 4/18/2006
Charter Updates: Category 2 Items, Chapter 5
• Revision—DRAFT 20060418 Page 2 of 5
45 5.05, 5.07 or 5.08 which apply, respectively,to initiative, referendum and recall. .Each signer shall
46 • .
47 of ..ttee a 'o tain a sam.le etition frog the Ci •Clerk-Administrator. All etition
48 circulators must be voters of the City. Each separate page of the petitionmust have appended
49 to it a certificate by the circulator, verified by oath:. The certificate shall affirm that each signature
50 appended thereto was made in the--the circulator's presence and that the circulator believes them to
51 be the genuine signature of the personvoter whose name it purports to b-.
52 ee et e'-shall l _' ;.. . and that each signer was presented
53 with the full petition. Each signer of a petition must be a voter of the Cit a d mu,t sign and print
54 their name and give their street address., Any pct'senvoter whose name appears on a petition may
55 withdraw their name by filing a statement in writing del-with the Clerk-Administrator before
56 s-a4the Clerk-Administrator advises the Council of the sufficiency of the petition.
57
58 Section 5.03. Determination of Petition Sufficiency. The committee must file the
59 completed petition in the office of the Clerk-Administrator at least 10 calendar days before the
60 ordinance takes effect. . . :' -
62 -. .
The Clerk-
63 Administrator shall provide the number of total ballots cast for President in the most recent
64 Presidential election. For a petition to be sufficient,the required number of signatures shall be a
65 percentage of that number
• 66 •Petitions for Initiative and Refe endum reauire at least 15 ercent.
67 •Petitions for Recall require at least 25 percent.
69 Within 10 calendar days of receipt of the petition, the Clerk-Administrator shall :: •
70 petitionas to determine if its sufficiency -: :.can he declared
71 by the City Council. Upon rc--ci'•ingfinal determination, the Clerk-Administrator shall report the
72 date of the determination and its sufficiency to the City Council. Upon receipt of the report, the
73 City Council shall .- - _ - '' _- immediately declare the
74 sufficiencAof the_p tition byiesolution,_i_mludin�tlae.ren_o ed date of determinate uT c•e cy.
75
76 Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouocilClerk-
77 Administrator determines that the sufficiency of a petition-i-sca.nnot be declared. it shall be
78 determined to be insufficient or irregular. 7-the-The Clerk-Administrator shall deliver a copy of the
79 petition, together with a written statement of its defects, to the sponsoring committee and to the
80 City Council within 10 calendar days. The committee shall have t1y21 calendar days in which to
81 file additional signature papers and/or to correct the ., .•
82 -. • c - • ,, _ . . • <_
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83 which the recall is sought.specified irregularity. Within five9 calendar days of receipt of the
84 corrected petition, the Clerk-Administrator shall s_ ' c.- • • _ • <<
85 that the petition dete • e • s _fic'-. • t e .et't'.s a . -ct-• .• .e .e are• .v th- 'tv
86 Council and proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the
87 't -sus ha .a e. . ut' in. c'e,c a,. t ' i.• e c.. ide e tl - ',a. . '.+di ._.
88 The Clerk-Administrator shall file the petition as noted and notify the sponsoring committee within
89 10 calendar days that no further action will be taken. The+Final minding that the petition is
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City of Mounds View
Mounds View Charter Commission Date: 4/18/2006
Charter Updates: Category 2 Items, Chapter 5
411
Revision—DRAFT 20060418 Page 3 of 5
90 insufficient or irregular shall not prejudice the filing of a new petition for the same purpose.. nor
91 unless otherwise specified within this Charter. Except in the case of a petition for recall. it shall it-
92 not prevent the Council from referring the subject matter of the petition to the voters at the next
93 regular or special election.
94
95 Section 5.05. Initiative. Any ordinance may be proposed by a-petition wtieh shall state at the head
97 .:
�.' with i'ril�i>.i�t�•t4.'i�[t " .-^ _ . . . • ... t t
98 disapprove the amended form by a statement filed. w'it's the Clerk Administrator within ten days of
99 ;L ,_ .
100 .', - f the sponsoring committee within sixty
101 days after the final dcterminatior of sufficiency of the petition, the ordinance as originally proposed-
103 within 120 days after the Ailing of the-petition. the.Council shall call a special election on the
105 ; . - - ,
106 effective date• (Amended, Ord. 650, 8 16 2000). The exact text of the proposed ordinance must be
107 stated at the head of each paL_e of the petition or attached thereto. The petition once filed with the
108 Clerk-Administrator shall be valid for 180 days during which time a completed petition with
109 signatures must he filed. Within 60 calendar days after final determination of the petition's
110 sufficiency under the provisions of Section 5.03 of this charter. the Council may either hold a first
• 111 reading of the ordinance. as defined in Section 3.05 of this charter and proceed with the adoption
112 • ices •_ . .•• eai an eft lett t• tie •et't'si_ed •in.ice. at .i•ei• lei • •.• ed .va
113 majority vote of the Council and presented to the petition committee. the petition committee has 14
114 calendar a 's fr m tie recei•t t e amended _ro•osed ordinance to •i a_•rove tie amendmeit v
115 ma'.r' I vote. and f.le a statement wit the Cler -Administrator. Toon f li . a tate e t of
116 disa•• val the aro)o ed ordinance a tated on t e ori in.l ietition mu_t be .l.ced o 1 the ballot
117 ats_he next ele t'•• c _ring in the Cit if there is no propnaed amendment, or should t .e petition
118 •i•i 'tt e acr e t ti ame idt ei t t e • di a. ce la I be •i ed _ed •. a • re 1- w .ur ua. t
119 to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor. it shall
120 become effective 30 calendar days after adoption unless the ordinance specifies a later effective
121 date. If the amendment is required to be put on a ballot and there is no regularly scheduled election
122 within 120 calendar days of the statement of disapproval, or if the calendar date prohibits
123 co. is '.ice w't • 's• i_ ii a•t- •_ ti' Cl at- . at o .e_. e its ie,t e u .rl : sciedule.
124 meeting, the Council shall call a special election to take place within 90 calendar days of said
125 meeting. If a majority of those voting on the ordinance vote in its favor. it shall become effective
126 thirty days after certification of the election results unless the ordinance specifies a later effective
127 •a e. t e ia'ority do not 'ate i i favor tie o di . .e shall not be et acted 't e setit' 1
128 committee does not file a disapproval statement to a proposed ame dment, the Council shall hold a
129 first reading of the amended proposed ordinance and proceed with the adoption process. If the
130 Council does not approve the ordinance. it must follow the aforementioned balloting process.
131 (Amended, Ord. 650, 8-16-2000)
132
133
City of Mounds View
Mounds View Charter Commission Date: 4/18/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 20060418 Page 4 of 5
• 134 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as
135 in any way affecting the right of the electors voters to propose amendments to this charter.
136
137 Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be
138 subjected to a referendum by a petition which shall state at the head of each page, or attached
139 thereto, the exact text of the measure to be considered by the of ctorat" voters. If the petition is
140 found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall
141 thereby be prevented from going into operation., ay
142 pled on the ballet--€xt-the next election occurring in the City. if no election is to o .cur within 120
143 ing of the peti ; ; r
144 period, providing the petition has been found to be sufficient. enactment and the City Council must
145 ad•. . r- • fo .Ise' t.- I h a ce oil d .•. c.• . ete tie • -•w' cf .•ur o_ ac '•.
146 within 150 days of determination of sufficiency. The sub'ect matter of the •etition shall be placed
147 on the ballot at the next election occurring in the City. If there is no regularly scheduled election
148 within 120 calendar days of the determination of sufficiency or if the calendar date prohibits
149 compliance with provisions in Chapter 4 of this Charter. upon declaration of sufficiency,the
150 _. c' ,• - •••••-.•a e . a .-c'a el-c 'os t ta,e . ac- w't.'. 91 c. .d.r d.v •_ .'d
151 meeting. If a majority of the-voters voting thereon favors the ordinance contained in the petition, it
152 shall remain in effect it shall take effect immediately unless the ordinance specifies a later date. If
153 a majority of the electors voting thereon votes against the ordinance contained in the petition, it
154 shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-
155 2000)
156
157 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of
158 the City may be initiated by-petition. The voters of the City may request a recall vote of any elected
159 official of the City by petition. The petition shall state at the head of each page, or attached thereto,
160 o-ccrtific to stating the name of the officer official whose removal is sought, the grounds for recall;
161 •_- -- .'> ,_co_ uting ma�— lfeasance
162 misfeasance, in not more than 250 words, and the intention of the sponsoring committee to bring
163 about the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior
164 to circulation. If the petition or amended petition is found determined sufficient under the
165 provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit submit it to the
166 Council without delay, and as required. The Clerk-Administrator shall also officially notify the
167 person official sought to be recalled of the sufficiency of the petition and of the pending action
168 within five working days.
169 -- - _ • • • :_
170 U i✓.
171 • ; r :_ • • ; _
172 notice of the cleeticnt tlx:. statement of the grounds for the recall and.. also in not atorc than 500
173
., •. . .. .. ,f - Within five
• :. � ,; �:F ; , ,
174 \-• k'_ da 's ... of cat'•• tie e ected :_ cial .. e. ivy t,- . et'ti • a ' . . ''t answe. fo
175 their course of action in not more than 500 words. 1f there is no regularly scheduled election within
176 120 calendar days of the determination of sufficiency or if the calendar date .rohibits corn'Hance
177 with provisions in Chapter 4 of this Charter. upon declaration of sufficiency. the Council shall
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City of Mounds View
Mounds View Charter Commission Date: 4/18/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 20060418 Page 5 of 5
• 178 immediately call a special election to take place within 90 calendar days of said d meetm_. The
179 Clerk-Administrator shall include with the published notice of the election. the statement of the
180 grounds for the recall and the answer of the official concerned or a statement stating no answer was
181 received. If a majority of those voting on the recall vote in its favor. it shall become effective
182 immediately upon certification of the election results. If the majority do not vote in favor. the recall
183 has failed. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said
184 vacancy.
185
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City of Mounds View