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HomeMy WebLinkAbout08-15-2006 Mounds View Charter Commission Minutes Meeting August 15, 2006 • 1. Call to order -The meeting came to order at 7:07 PM 2. Roll Call— Present - B. Amundsen, C. Mueller, J. Miller, B. Thomas, J. Thomas Absent— M. Eenigenburg, William Werner, Sr Excused- B. Doty 3. Approval of Agenda and Minutes Motion by B. Thomas, second by J. Miller, to approve the Agenda as presented APPROVED Motion by J. Miller, second by C. Mueller, to approve the minutes of July 11, 2006 as written. APPROVED Motion by C. Mueller, second by J. Miller to approve the minutes of July 20, 2006 as corrected changing"adjourned"to "adjourn" in item 8. APPROVED 4. Citizens Comments None 5. Reports of the Chair Chair J. Thomas reported there was no status from Clerk-Administrator on Resolution 2006-06 Chapter 7. Chair J. Thomas also reported the following members terms expire in October; B. Doty (2nd term), B. Amundsen (1st term),M. Eenigenburg (1st term), and W. Werner, Sr (1st term). While these members terms expire the Court has not reported any new . applications to fill these seats or the ones that are open. These members can continue to serve until replacements are assigned by the Court or the Council. 6. Reports of Members C. Muller reported on the Festival in Park on August 20th and looking forward to the parade. 7. Unfinished Business a. Review Chapter 5, Resolution 2006-07 Discussion was opened by the Chair and the following changes were accepted by consensus. 1. Change the resolution template second paragraph by replacing"it is in unanimous agreement with"to "with which there is unanimous agreement." 2. Line 140: change"the opportunity"to "30 calendar days". 3. Line 164: delete "completed" and insert"text"after"petition". 4. Line 165: change"at least 10 calendar days before the ordinance takes effect."with "before circulation" 5. Line 207: change "subject matter of the petition" with "Council proposed ordinance" 6. Line 233: insert the sentence"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."after the word "circulation." 7. Initiative Flow Chart: create new box for Clerk-Administrator action with new flow arrows resulting from "Notify the Sponsoring Committee..." There was additional discussion about the timing of an election resulting from the • Page 1 of 2 Mounds View Charter Commission Minutes Meeting August 15, 2006 IIIpetition being certified as sufficient. Chair J. Thomas will check with Ramsey County on timing requirements for a city ballot item and including it on a general election ballot. Commissioner B. Thomas coented that elections must be constrained by decision about their costs. Commission;. Amundsen disagreed with cost being a decision in the r scheduling of an election and stated that petitions which meet sufficiency are not constrained by city budget and they must occur in a timely manner. Consensus of the Commission directed the Chair to prepare a new section of language specifically outlining the scheduling of election for petitions certified as sufficient This language will be reviewed at the next Commission meeting. b. Review of Chapter 7.l 0, Resolution 2006-08 Chair J. Thomas introduced the corrected language. Discussion following and the following language changes were suggested: 1. On the resolution template replace in the second paragraph the following"those items it is in unanimous agreement with."with "the content of this resolution if it is in unanimous agreement." 2. In the second line of 7.10 subd. 2 move"available"to before"the City Newsletter". Motion by C. Mueller, second by B. Amundsen, to approve Resolution 2006-08 as amended. APPROVED c. Discuss method to promote ballot issue on 7.03 vv,� Chair J. Thomas reported that the summary language isgeady for Council review.. but — should be available soon and for our next meeting. • 8. New Business Next month's agenda: 1. Resolution 2006-07 for Chapter 5 2. Resolution 2006-09 Meeting Dates 3. Methods to promote ballot issue for 2006-06 9. Adjournment Meeting adjourned at 9:03 PM Respectfully submitted, Brian Amundsen, Secretary 1 `4 14ifil x . 1° t 9 Page 2 of 2 city of CHARTER COMMISSION MEETING Mounds 7:00 PM Tuesday, Aug 15, 2006 • View Mounds View City Hall � 11Z5 Preliminary AGENDA J. Alt Charter Commission ! v Chair , 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty _ Jonathan J Thomas _Matthew Eenigenburg 763.786.3421 Bill Doty _ Carol Mueller rd Vice Chair _ Jean Miller _ Barbara Thomas Jean Miller _ Brian Amundsen _ William Werner, Sr 763.786.3959 3. Approval of agenda and minutes Secretary Brian Amundsen 763.786.5699 Review and approve agenda Approval of Jul 11 and Jul 20, 2006 Minutes Matthew Eenigenburg 763.783.7216 4. Citizens comments from the floor Carol Mueller 763.7801251 5. Reports of the Chair Barbara Thomas • 763.780.6226 Report on status of resolution 2006-06a, re: 7.03. 4. Discuss members terms that end in October. William Werner Sr 763.784.3603 6_ Reports of members '4.: 7. Unfinished Business 30 min, Review Chapter 5, resolution 2006-07. 30 min, Review Chapter 7 Section 7.10, resolution 2006-08. 15 min, Discuss method to promote ballot issue on 7.03. 8. New Business 15 min, Discus future meeting dates to allow resolution for next month. 15 min, Discuss next month's and future agenda items. 1. 9. Adjournment • Resolution No.2006-07 • City qf Mounds View Charter Commission 'IoD1JS Dated August 15,2006 Draft View Whereas,the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have Charter Commission caused confusion or seem to be semantically incorrect. Chair The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, Jonathan J Thomas recommends the following amendments by the addition of the bold and double underlined 763-784-5205 language and by the deletion of the language. The Mounds View Charter Commission requests the Vice Chair City Council adopt by ordinance those items it is in unanimous agreement with. We also request Bill Doty a response within 60 days with recommendations for modifications to any item that the City 763-786-3421 Council deems not acceptable as presented. 2nd Vice Chair Charter Commission Objectives: Jean Miller 1. Throughout the Chapter clarify Mounds View resident terminology usage so 763-786-3959 that references are more consistent rather than having references to "people of Mounds View", "registered voters", "citizens of Mounds View", and Secretary "voters". Brian Amundsen 2. Section 5.01 define the term"voter". 763-786-5699 3. Section 5.02 define committee as "Sponsoring Committee", its size and Matthew Eenigenburg membership requirement,and petition signer requirement. • 763-783-7216 4. Section 5.03 clarify the process and requirements for sufficiency. 5. Section 5.04 clarify the process for insufficient petitions. Carol Mueller 6. Section 5.05 clarify the process for Initiative and process time line. 763.780.1251 7. Section 5.06 correct"electors" to "voters". 8. Section 5.07 correct"into operations"to"enactment",correct"electors"to Barbara Thomas 763-780-6226 "voters", assure Chapter 4 applies to setting of election ballot. 9. Section 5.08 clarify requirements for"Recall", time line for actions of Clerk- William Werner Sr Administrator, council member, and Council. 763-784-3603 10. Through-out the Chapter change Clerk/Administrator to"Clerk-Administrator" 11. Improve and clarify the readers ability to understand the process, required steps, and time line for circulating and submitting a petition to the City. 12. Improve the Chapters time elapse definitions to calendar days. The sections recommended for consideration with this resolution are attached by section and recommended for adoption individually or as a group at the discretion of the Mounds View City Council. Respectfully submitted, Jonathan J Thomas, Chair Brian R Amundsen, Secretary • Resolution No.2006-08 • Ceti'OfMounds View Charter Commission .Mounds Dated August 15,2006 Draft Whereas,the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have Charter Commission caused confusion or seem to be semantically incorrect. Chair Jonathan J Thomas The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 763-784-5205 7,recommends the following amendments by the addition of the bold and double underlined language and by the deletion of the language. The Mounds View Charter Commission requests Vice Chair the City Council adopt by ordinance those items it is in unanimous agreement with. We also Bill Doty request a response within 60 days with recommendations for modifications to any item that 763-786-3421 the City Council deems not acceptable as presented. 2nd Vice Chair Objectives: Jean Miller 763-786-3959 1) To update and correct language in 7.10 for City Indebtedness. 2) To update and correct language in 7.10 for when the City may issue obligation Secretary bonds. Brian Amundsen 763-786-5699 Matthew Eenigenburg The section recommended for consideration with this resolution is attached and 763-783-7216 recommended for adoption at the discretion of the Mounds View City Council. • Carol Mueller 763.780.1251 Barbara Thomas 763-780-6226 Respectfully submitted, William Werner Sr 763-784-3603 Jonathan J Thomas, Chair Brian R Amundsen, Secretary • 4 Mounds View Charter Commission Date: July 11, 2006 Resolution 2006-08 Chapter 7, Section 7.10 Page2 of 2 • CHAPTER 7 TAXATION AND FINANCES Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12,no obligation shall be issued to pay current expenses,but the Council may issue and sell obligations for any other municipal purpose in accordance with state law and within the limitations prescribed by law. All such obligations shall be issued and sold Q> _witheut the approval of the majority of the voters voting on the question at a general or special election, unless exempted by State law for charter cities or by this Charter. Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper,the City Newsletter, and, if available,the City web site, but failure to give such description, or any defect in the description, shall not invalidate the issue. • • • City of Mounds View • Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 IIIRevision—DRAFT 20060711 Page 1 of 7 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 Navin• refere ces to"see•le of Mo ds View". "re iste-ed 6 voters". "citizens of Mounds View". and"voters". 7 3. Section 5.01 define the term "voter". 8 4. Section 5.02 d fine committee as "Sponsoring Committee its size and membership_ 9 re•ui ement and etition signer re•uiremen . 10 5. Sectio. 5.03 clarify the oces. an• esuirement. for sufficienc i. 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 settin• of election ballot. 16 10. S- ' i ^.1: c s i v -c�uirements for"Recall" tis e '1 f. acti .s o C e• -A• n' i tr r 17 council member. and Council. 18 11. u . it _e ha_t-rc a • le_� 1 ' ' 't at. to" .er•- e i i.. .to " 19 12. _ n ove . •. a ' y the readers ability to understand the process required stens. a.• 1 se 'n 20 • ' cu .tle.- ase s.en. ' __ • se ' .It• ts- -. 21 13. 11. 'Ye t le , t-_ is- e .• - de IT•e t• e s• s• 's I . 22 23 CHAPTER 3 24 25 COUNCIL PROCEDURE 26 27 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in 28 writing and read in full before adoption,unless the reading is dispensed with by unanimous consent of 29 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed 30 in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance,except an 31 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen days 32 shall elapse between its introduction and final adoption. Every ordinance must contain a specified 33 effective date as noted in Section 3.09 of this Charter. 34 35 36 Section 3.07. Signing.and Publication of Ordinances. Every ordinance adopted by the Council 37 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every 38 ordinance shall be published at least once in the official newspaper - — is blc_n_o earlier 39 than 7 cale dar da 's nor later than 14 calendar days from the date of passage, either in its complete 40 form preceded by a summary of its contents or as a title and summary.' 41 42 The Ordinance or the Ordinance Title and Summary shall be published in a body type no 43 smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the III1 it is the intent of the Charter Commission that the Council will determine which is less costly. City of Mounds View Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 . Revision—DRAFT 20060711 Page 2 of 7 44 City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is 45 one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall 46 also be available in the community library, if there is one, or if not, in any other public location 47 which the Council designates. 48 49 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council 50 determines that publication of the title and a summary of an ordinance would clearly inform the 51 public of the intent and effect of the ordinance,the Council may by a four-fifths vote of its 52 members, direct that only the title of the ordinance and a summary be published,with notice that a 53 printed copy of the ordinance is available for inspection during regular office hours at the office 54 of the Clerk-Administrator. Prior to the publication of the title and summary,the Council shall 55 approve the text of the summary and determine that it clearly informs the public of the intent and 56 effect of the ordinance, and shall further state that the complete text of the ordinance is on file at 57 the office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to 58 fulfill all legal publication requirements as completely as if the entire ordinance had been 59 published. A copy of the publication shall be attached to and filed with the ordinance for 60 reference. To the extent and in the manner prohibited by law an ordinance may incorporate by 61 reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance 62 or part thereof without publishing the material referred to in full, so long as the complete 63 reference to the item is included. • 64 65 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 66 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every 67 other ordinance shall take effect thirty days after its publication or at such later date as it specifies unless 68 challenged by a petition for referendum. In the event of a .etition for referendum. the Ci - Council 69 must suspend the effective date of the Ordinance as specified in Section 5.07 of this Charter. 70 71 72 CHAPTER 5 73 INITIATIVE,REFERENDUM AND RECALL 74 75 Section 5.01. .. •' `.f- . }-; 3 =- •. 77 _ 79 -; , -- • - __el.eral Voter Authority:. The people of 80 Mounds View. have the right.in accordance with this Charter.to propose ordinances (initiative and 81 to re•uire that any or.' ance be referred t the vot-rs -eferendum _ exce t those that a7ro riate 82 money. levy taxes or deal with administrative issues (MN Statute 410.20. as amended). The voters 83 .1sit la e t - i'e to.ei ove e te• .u._'c s e .1 • to . v.ter's as u e• in h..ter 84 S. ha._ e e r v to esidel o the "tv . u ou ds View who f ,t re.ister. • v a ie reg. tere. 85 and are qualified to vote. Per Minnesota Statute 200.039. as amended. eligibility to sign the etition 86 is not restricted to only those who were eli•ible to or did cast ballots in the .revious election. For 110 87 clarity flow charts and a referendum time line are attached to the end of this chapter. City of Mounds View Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 • Revision—DRAFT 20060711 Page 3 of 7 88 89 Section 5.02.-General Provisions for Petitions. A petition provided for under this chapter 90 shall be sponsored by a committee of five registered 5 to 10 members who are voters of the City and 91 whose names and addresses--s -limust appear on the petition-:as the_Sponsoring Committee. A 92 petition may consistconsists of one or more papers, but pages with each separately circulated paper- 93 shall containpage containing at its head.or attached thereto, the information specified in sections 94 5.05, 5.07 or 5.08 which apply,respectively,to initiative, referendum and recall. - `_ 95 '. .. a; -. . ...The Committee_ 96 ma i obta' a .am le etition fr n the itv Clerk-Adi inistrater. The lerk-• dminist at.r hall 97 provide the number of si latures for etition sufficiency which is the total ballots cast for President 98 in the most recent Presidential election. All petition circulators must be voters of the City. Each 99 separate page of the petition €al-Imust have appended to it a certificate by the circulator, verified by 100 oath.. The certificate shall affirm that each signature was made in t eitthe 101 circulator's presence and that the circulator believes them to be the genuine signature of the 102 person er whose name it purports to be. ;` -` 1037. v . and that each sinner was presented with the full .etition. Each signer of a 104 .e 't'•t tt e^. vote 3 - 'tv . ..t t s' ar i t:_-'r i _e _ d vi e t tr-et add-e . 105 Any personvoter whose name appears on a petition may withdraw their name byii ling a statement in 106 writing flied-with the Clerk-Administrator before stl�e Clerk-Administrator advises the Council of 107 the sufficiency of the petition. 108 • 109 Section 5.03. Determination of Petit _Sufficiency. The committee shall ale the completed 110 petition in the office of the Clerk Administrator. The required number of signerss shall be at least fifteen 111 t. 1 = _, , 2 iumber of 112 eleetcrrs who cast their votes for president at the last presidential elect-ion 113 For a petition to be sufficient. it must meet the requirements set forth in section 5.02 and contain at 114 least the following: 115 •Petitions for Initiative and Referendum require signatures of at least 1.5 percent of total 116 ballots cast for President in the most recent Presidential election. 117 •'e t' . • 'e .1 e t e _i a.a . • at least 25 percent of total ballots cast for President 118 in_th_e_most_reenLPresidential election 120 Immediately upon Within 10 calendar days of receipt of the petition,the Clerk-Administrator shall 121 examine the petition as t3 determine if its sufficiency and rcpof•t to the Council within ten da)s.can be 122 declared by the City Council. Upon rc eivingfinal determination.the Clerk-Administrator shall 123 report the date of the determination and its sufficiecv to the C'tv Council. Upon recei.t of the report, 124 the City Council shall •- .~ _ immediately declare the 125 sufficienc Ts t e etition h -resolution. includin_ the re.o-ted date f deteinination of st ff cienc 126 127 Section 5.04. Disposition of Insufficient or Irregular Petition. 128 the-petition is insuflicie t or irregular, the.Clerk-Administrator shall deliver a copy of the petition, 130 .... ., .' - . 132 .a w. 133 Clerk-A oiinist•ator shall again report to the Council. lf the Council finds that the petition is still • City of Mounds View Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 • Revision—DRAFT 20060711 Page 4 of 7 134 ' -6 ✓. :-. . 2 .c t • .. -- -i =. 135 . -4" y ;_r shall E . v , 136 - L Lam. _ 3f.1 .}•1 -` k}1 .JE .. 1 1 L1'.•�1 1 [. -V f-wL V. -`L.p' t � • -.-,1 137 .- r " the Clerk-Administrator determines that 138 the •et'tion cannot .eetthe re.uirements for u fcien '. a co• -of the etiti n to_ether wit a 139 written statement of its defects, shall be delivered to the sponsoring committee and to the City 140 Council within 10 calendar days. As specified in this Charter, the committee shall have the 141 opportunity file additional signature •a ers and/or to correct the secified irreaularity. Within 9 142 c.lesda days of recei.t oft e c rrected .eti i i the 'le-k-Adm'ni trator sha I dete mine w e er 143 the petition as corrected meets there uirements for sufficiency and shall •rocee'd as directed in 144 Section 5.03. If the petition is still insufficient or i regular. the City Council shall sass a resolution of 145 insufficiency and this shall be considered the Final Finding. The Clerk-Administrator shall file the 146 • tit's . n ted a s • of' ie ion or' • -•i.ittittee wit 't_ 1 c. et da da 's t a t• iiter act's 147 • b take to Fi a i ,'i • teat e . e • 'ot 's 'n ul cie or i. ea r to of _ e' dice the 148 fil'n_ ew et• 'o . ' he a e .ur se I le . •t -rw' e . • c"ed w'tti tsi :la e . Exce.t 149 in the case of a petition for recall, it shall not )revent the Council from referring the sub'ect matter of 150 1 e -titio t t• t - vote.. at to- r 't r- . a . .e'• elect'• 151 152 Section 5.05. Initiative*. Any ordinance may be proposed by:t•-petition which shall -tate at the head 153 of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the 154 proposed ordinance with amendments, and a majority of the spo.sok ing committee do not disapFro\°e 155 . -. E ' .• ., : - :',. • 156 - .'e , ., " ,: u c • ,mi tcd to the voters. if tl-c C o a acil fails to enact the- 157 �. .•.- •w n. C. .. LR c - ,..IL; 1 6 L _'y .t- 11 1] ■ E L vb. l i. �EA� 1 .. ��.�....i. u . : vb,_L t ]:E 158 . :.'., :, • : ,_u 160 LA • ' • }L 4 i 4 - 162 - :.. • -s • - .. _�. ` _ • • ..,-. -: ,, -. 163 8-16-2000)._. ie exact text of the .ro.osed •rd•nance st be tated .t the head of eac age o the • 164 petition or attached thereto. The committee must file the completed petition in the office of the Clerk_ 165 • i ' tr.tor at least 0 calen•ar •.v befo et eo diva ce takes e ect. e •-t'tion once filed wi 166 the Clerk-Administrator shall be valid for 180 dans during which time a completed petition with 167 icrnature must be fi_ed. Within 60 c.le da. da 's after f al determinati.z o the •etitio 1's su ciencv 168 under the provisions of Section 5.03 and 5.04 of this Charter, the Council may either hold a first 169 cad' o the ordnance as defin--d in Sec ' n 3.0 of this c arter an• roceed wit the no al 170 ordinance adoptio process. which does not exclude the referendum_process as defined in Section 171 5.0 . or .ro -e an ame d entto t e .etitio le• ordinance. If a a endn ent's -ro • ed by . 172 a ar"tv vote of the Council and re ente• to the .etitio i committee the . etiti n co 'nee ha 14 173 calendar days from the recei at of the amended •roposed ordinance to disan•rove the amendment by 174 .'o •tv vote. . d e a __te tettw'th tb-.C era 1'- ist ater. Tess _i 't9-a state ei t• 175 •'s.... val. t• . .• -d o d'•a ce. a tated tt•e o 'Qi a .-tit's 1st t e • aced • th- ba tat 176 the next election occurring in the City. If there is no pro•osed amendment.or should the petition 177 c . is' ee ..• ee o the .11 ens ttee .i ance stall e chedu e r a .0 is .ear'n• ur u tt 178 MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor, it shall • City of Mounds View Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 • Revision—DRAFT 20060711 Page 5 of 7 179 become effective 30 calenda da 's after ad .ti less tl e o d'nance seci les a later effective date. 180 If the amendment is required to be_put on a ballot a d tie e is io egul.rlv scheduled election within 181 120 calendar days oLthe stater lent f d'sa.'royal. or if tie calenda d.te •ro-ibits compliance with 182 provisions_in Cl apt.er 4_of this Charter. at or before. its next renext reffularly sch_eduled meeting,the Council 183 shall call a special election to take place with'n 90 calendar days of said meetina. If a maioritv of 184 those voting on the ordinance vote in its fav r. 't s all become effe tive thi says after certifica.tioi • 185 of the election results unless the ordinance specifies a later effective date. If the maiori ,do not vote 186 in favor. the ordinance shall not be enacted. If the petition committee does not file a d'sapproval_ 187 statement to a roposed amendment.the Council shall hold a first readina of the amended .roposed 188 ord. .nc- .nd roceed wit i t e normal ado tion race wh'ch does et exclude th- referendun 189 process as defined in Section 5.07. If the Council does not a rove the ordinance, it must follow the 190 aforementioned balloting process. (Amended, Ord. 650, 8-16-2000) 191 192 193 Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 194 any way affecting the right of the electors voters to propose amendments to this charter. 195 196 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 197 subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, 198 the exact text of the measure to be considered by the elector tc voters. The committee must file the 199 completed petition in the office of the Clerk-Administrator at least 10 calendar days before the 200 ordinance takes e ect if the petition is found to be sufficient under the provisions of Section 5.03 of • 201 this chapter, the said ordinance shall thereby be prevented from • - 202 ._. ivy ■-v 1.ti.- a a -iii. '�. t C..� s 'a - �.. va i .�.e ,-.vas ,'.."e 203 election is to occur \i ithin 120 days after the filing of the petition,the Council shall call a special 205 e acts ent ani the Ci ,Counc' ust ado it a resolution sus.e din_tle e ec ive date of the Ordinance 206 until it is decided by a vote of the public and complete the following courses of action within 150 207 days of determination of sufficiency. The subject matter of the petition shall be •laced .n the ba lot a 208 the i ext electio occurr'1_ in the Cit'. there 's o re Ia.rly se e•.ule• elect.o 'ithin 121 c. enda 209 days of the determination of sufficiency or if the calendar date prohibits compliance with provisions 210 in Charter 4 of 1 is Ciai er ion declaration of sufficiency.the ousci shall i edi.telv call a 211 special election to take place within 90 calendar days of said meeting. If a majority of the-voters 212 voting thereon favors the ordinance contained in the petition, - r . - ' . it shall take 213 effect immediately unless the ordinance specifies a later date. If a majority of the.e1e tors voting 214 thereon votes against the ordinance contained in the petition, it shall be considered repealed upon 215 certification of the election results. if the petition cannot meet the requirements of sufficiency under 216 t e .revisions ii Section 5. fl o t. i ca ter. the Citv Counc'l lust ad. t . re olution us ending the 217 effective date of the Ordinance for 30 calendar days and the sponsoring committee will have 21 218 calendar days in which to file a.dd'tio la] si. ature )a ers and/or to correct t e s•ecified irregularity 219 ace• cif sa t Sec i i 5.04. I tie isa adl a's t art e .etifo 'iso ici nt the lr•'Ja ce s.ia 1 220 take effect on the date declared by the resolution of sussension. If the corrected •etition is declared 221 sufficient according.to Section 5.03. the City Council must pass a resolution suspending the effective 222 dote ti- d'.. ce f i a .e deci e• v a v to fie . Lc aid . oc-ed a , e 223 mentioned in this section. • City of Mounds VieW Mounds View Charter Commission Date: 07/11/2006 Charter Updates: Category 2 Items,Chapter 5 • Revision-DRAFT 20060711 Page 6 of 7 224 =(Amended, Ord. 651, 8-16-2000) 225 226 Section 5.08. Recall. •- ,.. ., : : I' w >r'.= - - 227 the City may be initiated by i:titian. The voters of the City mna request a recall vote-of any elected 228 official of the City by petition. The petition shall state at the head of each page, or attached thereto, a 229 certificate stating the name of the officer official whose removal is sought,the grounds for recall- 230 .: .��. � �: --. :-c:. , _: --- : • f -., constituting malfeasance or 231 misfeasance. in not more than 250 words, and the intention of the sponsoring committee to bring about 232 the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to 233 circulation. If the petition or amended petition is found determined sufficient under the provisions of 234 Section 5.03 of this chapter, the Clerk-Administrator shall transmit submit it to the Council v.'ithout 235 delay, ani as required. The Clerk-Administrator shall also officially notify the per -official sought 236 to be recalled of the sufficiency of the petition and of the pending action within five working days. 237 "''`z� &_ :r, b. -.: ; dc for the holding c :,: 'ail election • v • . 'election is to occur within niitret;': -., 238 � • ., . . �._ . 239 •, • ., ., . .. .'-4 a , 240 241 ,. _ ' . °u w c i i - •.s, the answer of the officer concerned in -� : . ._' a v �.:. :, �. .� '� � ;-: � - 242 •justitica;ion of their cour,, of off-tee- Within five working days of notification.the elected official 243 s. s d tee e 't•etit.'. ro ''de • . -sw-. se' c. e .cf.. i sst_ue - sa 5$0 we ds. 244 f is e - '. •• - m s-e u es e ect' • w' .'s I c. ei ear say e e dete _.• at... s_ 245 siacienc or i t e cal_ thr-d_ate x iihit� comriliance withprovisions_ _Chia. tp er 4 of t i Charfer� • 246 upon declaration of sufficiency. the Council shall immediately call a special election to take ce 247 within 90 calendar days of said meet' ,. The Clerk-Administrator shall include with the published 248 notice of the election.the statement of the grounds for the recall and the answer of the official 249 concerned or a statement stating no answer was received. If a majority of those voting on the recall 250 vote in its favor. it sh. beco e effecti e i nediately upon certification of the election results. If 251 the majority do not vote in favor the recall has failed. If a vacancy occurs due to recall election, 252 Section 4.05 herein shall apply to fill said vacancy. 253 • • City of Mounds View 1 *Minnesota courts have limited the_p_owers of initiative and referendum to ordinances which are • 2 legislative in character. General legislative acts lay down some ermanent and uniform rule of law_ 3 administrative acts relate to daily administration of mu ic..aI .ffai s and quasi judicial acts are the 4 product of itives 'dation, consideration and deliberate human iudgmenthased upon evidentiary facts of 5 some sort. III 1111 11 Mounds View Charter Appendix C Adoption of Ordinance with allowance for Citizen • Referendum Timeline — Revision Date 8/15/2006 Referendum Process Pursuant to Chapter 5 i• -►! Ordinance Process Pursuant to Chapter 7 -H Set a Public Hearing for Proposed Ordinance >= 10 days • Hold Public Hearing & First Reading Hnot required to be in the same meeting >= 14 days First Opportunity Referendum Petition Submission L ► Second Reading I Adoption 7-14 days <=28 days •! Publication of Ordinance Submit Referendum Petition with 1 y • Signatures to Clerk Administrator =30 days >= 10 days • Council must either pass a resolution for Petition Sufficiency and Suspend the Ordinance, or pass a • Resolution delaying the effective date of the ! V j Ordinance takes effect unless challenged Ordinance 30 days to allow process completion. !'If by Referendum Petition Clerk Administrator provides written report to • Sponsoring Cmte detailing deficiencies. <=21 days =30 days Re-Submit Referendum Petition with iy deficiencies corrected to Clerk-Administrator I >=9 days • Council must either pass a resolution for Petition Sufficiency and Suspend the Ordinance, or pass a Ordinance takes effect unless Referendum j Resolution for Insufficiency and the Ordinance Petition Succeeds takes effect. <= 10 days • Clerk-Administrator provides written notice y of Petition Insufficiency to Sponsoring Cmte V Mounds View Charter Appendix D - Recall Process Flow Diagram -Revision Date Aug 14, 2006 / / Form Committee of 5 to 10 \ Within 180 days of • Is this the members and file copy of Obtain at least 25% filing petition, first time Petition No Petition stating the Official's \ of the number of Deliver All Required 0 - has been tested for name and the grounds for recall J� votes cast for Information to Clerk- Sufficiency? r with Clerk-Administrator President,most Administrator / recent election Sec 5.08 Sec 5.03 l Determine Sufficiency Charter Section 5.02 I within 9 calendar days \ / Sec 5.03 ( Yes Sec 5.04 Determine Sufficiency within 10 calendar days ►! I Sec 5.03 No Is the Petition Sufficient? l 1 Sec 5.03 i Notify the Sponsoring Is this the first Yes Committee and the City Yes time Petition has been Council and allow Sponsoring Insufficient? I Committee 30 Calendar Days Sec 5.04 i i to correct. Sec 5.04 No I /Declare Petition Terminated _ Due to Insufficiency&Notify • Within 5 working days,Clerk- t\Sponsoring Committee no further) \ action will taken.Sec 5.04 Administrator delivers report to City Council and the `. I Official stating sufficiency and date of determination Sec 5.08 • I The Official shall be allowed 5 working days to provide a response stating a justification for their actions in not more than 500 words. Sec 5.08 y Prepare for Ballot Election. If there is no Regularly Scheduled Election Within 120 • Days of determination of sufficiency, the Council Shall Call a Special Election- to Take Place Within 90 Calendar Days of Said action. The published notice of the election shall include the statement of grounds for recall and if provided the Official's response. Sec 5.08 i -'X'--,. i Did a Majority of Those Voting on the No ►i, Recall Fails Recall Vote in Favor/ Sec 5.08 / \ Sec 5.08 / \/: • Yes V ,"The Official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 �% Mounds View Charter Appendix B - Referendum Process Flow Diagram -Revision Date Aug 14, 2006 ' ---- Deliver All Required Form Committee of 5 to 10 \ Information to Clerk- IP lerk- Is this the • members and information Obtain at least 15% Administrator at first time Petition required for this procedure �\ of the number of least 10 calendar No has been tested for will be available from Clerk- votes cast for days prior to Sufficiency? l Administrator // President,most Ordinance taking Sec 5.03 Determine Sufficiency Charter Section 5.02 / recent election effect \,/Sec 5.03 Sec 5.07 Yes j ., i within 9 calendar days I Sec 5.04 V Determine Sufficiency within 10 calendar days I Sec 5.03 I I No Is the Petition Sufficient? I ec 5.03 Council passes resolution delaying effective date of said Is this the first Yes Ordinance by 30 calendar Yes time Petition has been Notify days. the Sponsoring 4 ? z Insufficient . Committee and allow them 21 Sec 5.04 calendart days to correct �Y// deficiencies. Sec 5.07 No V \eclare Petition terminated-N. / due to insufficiency&notify Sponsoring Committee within 10 1 \calendar days.No further action/ \will be taken.Sec 5.04 j' V I � III I Clerk-Administrator delivers a report, before the effective date of said Ordinance stating sufficiency and date of determination Sec 5.03 City Council Must adopt a resolution i placing the Ordinance on hold and must complete the following courses of I action within 150 days of determination 1 of sufficiency Sec 5.07 V Prepare for Ballot Election. If there is no Regularly Scheduled Election Within 120 Days of City Council placing the Ordinance on hold, the Council Shall Call a Special Election to Take Place Within 90 Calendar Days of Said action. Sec 5.07 I . i V Xid a Majority''-,,� No Ordinance Fails and \ of Those Voting on the ► considered Repealed. -, Ordinance Vote in / Sec 5.07 \vor Sec 5.077 '� \\ // Yes ' \ • Oj rdinance takes effect immediately `,. unless a later date is specified in the Ordinance Sec 5.07 Mounds View Charter Appendix A - Initiative Process Flow Diagram -Revision Date Aug 14, 2006 Within 180 days of • Form Committee of 5 to 10 y Is this the members,information required Obtain at least 15% filing petition, first time Petition has No for this procedure will be of the number of Deliver All Required been tested for available from Clerk- I votes cast for Information to Clerk- Sufficiency? Administrator President,most Administrator Sec 5.03 I Charter Section 5.02 j recent election Sec 5.05 Determine Sufficiency Sec 5.03 within 9 calendar days 1 Yes T Sec 5.04 Determine Sufficiency within 10 calendar days f Sec 5.03 I /''' --. No / Is the Petition Sufficient? Notify the Sponsoring rSec 5.03 Committee and the City /' Council and allow Sponsoring 4-1 Committee 30 Calendar Days Is this the first ; Yes time Petition has been 1 Yes to correct. Sec 5.04 I I Insufficient? i Sec 5.04 No V Clerk-Administrator delivers a report, /Declare Petition Terminated at or before the next regularly i Due to Insufficiency&Notify 1, scheduled meeting, stating [, ,Sponsoring Committee no further sufficiency and date of determination � ! action will taken.Sec 5.04/% V Sec 5.03 I City Council Must Act by Either' Holding a First Reading or ' Allow Sponsoring ! Providing an Amendment and I lid Sponsoring Did Council Offer Yes Committee 14 Yes . must complete one of the i •/ Committee Disapprove I ► an Amendment? ► Calendar Days to The Amendment o specified courses of action I \ Sec 5.05 Disapprove within 60 days of determination Sec 5.05 Sec 5.05 of sufficiency • \ / Sec 5.05 ✓ \ No No I14 T // \ I / ;Hold First Reading Schedule a� Public Hearing pursuant to MN j id Council Pass-. /Ordinance Takes Effect After 3\\ Stat.410.12 and any Additional ► /Ordinance by Majority) Yes,r Calendar Days Unless a Later Date`, Requirements,No �. Vote? / is Specified in the Ordinance Amendments can be made ' '- Sec 5.05 Sec 5.05 j after this point. Sec 5.05 ,. V • No .4 + • Prepare for Ballot Election. If there is no Regularly Scheduled Election Within 120 Days of the Sponsoring Committee Disapproval or Council Failure to Pass the Ordinance,the Council Shall Call a Special Election to iTake Place Within 90 Calendar Days of Said Event Sec 5.05. ir Did a Majority\ /Ordinance Fails and Process.'''‘.. of Those Voting on the\ No ' Ordinance Vote in / Ends for This Petition. \vor Sec 5.0/5 Sec 5.05 r/ 110 Yes /Ordinance Takes Effect After 30 Calendar', j Days Unless a Later Date \ is pecified in the Ordinance. Sec 5.05„; J