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Home My WebLink About10-10-2006 Mounds View Charter Commission October 10,2006 • Mounds View Charter Commission Minutes Meeting October 10, 2006 1. Call to Order—The meeting came to order at 7:06 p.m. 2. Roll Call- Present—C. Mueller, B. Thomas, J. Thomas, W. Werner, Sr., M. Eenigenburg, J. Miller Excused—B. Amundsen, B. Doty 3. Approval of agenda and minutes *Note: Discussion of the Commission Bylaws was added to the agenda under Item 5. Motion by C. Mueller, second J. Miller to approve agenda as written UNANIMOUS APPROVAL Motion by C. Mueller, second J. Miller to approve minutes of September 19, 2006 5 —AYES 1 —ABSTENTIONS 4. Citizens comments from the floor Caroline Dahl, Lino Lakes Charter Commissioner, introduced herself and her interest in the ballot measure being proposed in Mounds View. Mike Haubrich introduced himself to the Commission and expressed interest in city activities • including the Charter Commission. 5. Reports of the Chair J. Thomas reported that he would be taping a cable interview with staff explaining the ballot measure that would be replayed before the election. He also provided an updated Charter that includes all corrections and changes that have taken place by ordinance and stated the update would be available online within a few days. In addition, J. Thomas provided an updated copy of the Bylaws with corrections to language regarding terms. 6. Reports of members C. Mueller reported she submitted a letter to the editor regarding the ballot measure. J. Thomas reported that the summary memo presented to the City Council will also be published in the paper before the election. 7. Unfinished Business J. Thomas presented the new timeline for Sec 5.05 regarding restrictions for special election dates and the addition of the Primary Election being available for referendum. Chair also requested additional attention to the flow charts for Chapter 5 to address the new language proposals. He also presented a change to the Referendum flow chart adding text to the box regarding petition sufficiency to address 120 days. Chair presented a draft of Chapter 5 for discussion on the new Sec. 5.05 in regard to adding a 30 day extension for the Special Election window due to General Election schedules. By Consensus, it was decided no additional language for an extension was necessary. B. Thomas presented a language question regarding • Mounds View Charter Commission October 10,2006 • Mounds View Charter Commission Minutes Meeting October 10, 2006 the 10 day requirement for the Clerk/Administrator to determine if sufficiency could be declared but no requirement in text regarding when that determination should be reported to the City Council. Chair asked all members to scrutinize the text for any inconsistencies between text, timelines and flow charts due to the significant amount of changes. C. Mueller asked if language regarding a Special Council meeting should be added to the Referendum timeline. The Commission continued discussion regarding publication of issues regarding the ballot measure. C. Mueller asked whether the electronic sign at City Hall could be used. J. Miller suggested the city website. Chair clarified issues in regard to votes on the amendment. It will not be handled like a Constitutional amendment. Blank votes will not be counted as "no's". 8. New Business Discussion of next month's agenda items to include: review timelines and text of Chapter 5. 9. Adjournment Meeting adjourned at 8:51 p.m. • City ° CHARTER COMMISSION MEETING Mounds 7:00 PM Tuesday, Oct 10, 2006 • View Mounds View City Hall Preliminary AGENDA Charter Commission ` Chair 1. Call to Order Jonathan J Thomas 763.784.5205 2. Roll Call Vice Chair Bill Doty _ Jonathan J Thomas Matthew Eenigenburg 763.786.3421 _ Bill Doty — Carol Mueller 2°d 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 763.786.5699Review and approve agenda 1' Approval of Sep 19, 2006 Minutes Matthew Eenigenburg 763.783.7216 4. Citizens comments from the floor Carol Mueller •763.780.1251 Barbara Thomas 5. Reports of the Chair 763.780.6226 William Werner Sr Current status of in progress Charter amendments. 763.784.3603 6. Reports of members li. 7. Unfinished Business eF 45 min, Review Chapter 5, resolution 2006-07. 15 min, Discuss method to promote ballot issue on Chapter 7, Section 7.03. 8. New Business 10 min, Discuss next month's and future agenda items. 9. Adjournment • Mounds View Charter Appendix B - Initiative Process Flow Diagram -Revision Date 11/13/2006 Form Committee of 5 to 10 members and file a copy of the Within 180 days of filing Is this the petition with the Clerk- Obtain at least petition,Deliver All first time petition No • Administrator prior to circulation. ► 15%of the number of Required Information to is being tested for This procedure will be available votes cast for President, Clerk-Administrator Sufficiency? • from Clerk-Administrator most recent election Sec 5.05 Sec 5.03 I Charter Sec 5.02,5.06 Sec 5.03 Have all Yes requirements been No Sponsoring Committee met? resubmits corrected petition ec 5.03,5.0, to Clerk-Administrator Sec 5.05 Yes t Within 10 calendar days of receiving completed petition,Clerk-Administrator Have all - notifies the City Council and Sponsoring No requirements been Committee and the Sponsoring Committee met? is allowed 30 calendar days to correct Sec 5.03,5.04 defficiencies.Sec 5.04 Yes 'Jr Within ifts*Riiilar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 City Council immediately declares sufficiency by resolution 4 Sec 5.03 File Petition as insufficient and notify Sponsoring Committee within 10 calendar --. days that no further action will taken.Sec 5.04 • City Council must act by either Allow Sponsoring holding a first reading or Yes Committee 14 Did Sponsoring Yes provide an amendment and Did City Council must complete one of the offer an amendment? .- calendar days to Committee disapprove specified courses of action. Sec 5.06 disapprove the amendment? Sec 5.06 Sec 5.06 Sec 5.06 No No 4 V Hold First Reading,Schedule a (Ordinance takes effect after 3\0 Did City Council Yes Public Hearing pursuant to MN calendar days unless a later date is pass Ordinance by Stat.410.12 and any additional majority vote? specified in the Ordinance requirements. Sec 5.06 Sec 5.06 Sec 5.06 / Nod I Prepare for Ballot at a Primary, General,or Special Election within 120 days of City Council declaring the petition sufficient. Sec 5.05. Did a majorityOrdinance fails and of those voting on the No process ends for this petition. Ordinance vote in favor Sec 5.06 Sec 5.06 \ Yes • Ordinance takes effect 30 calendar days after election unless a later date is specified in the Ordinance. Sec 5.06 Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall - Revision Date 11/13/2006 • Election Year Non Election Year Upon Council declaration that a petition has been Upon Council declaration that a petition has determined to be sufficient, • been determined to be sufficient, at or before its next regularly scheduled meeting, the at or before its next regularly scheduled Council shall call a special election to take place meeting, the Council shall call a special within 120 calendar days of said meeting. election to take place within 120 calendar days of said meeting . Max 120 days MN Statute 204D.03 Time of state elections. Subd. 1. State primary.The state primary shall be held on the first Tuesday after the second Monday in September in each even-numbered year. No Special election shall be scheduled between the No Special Primary and General Election Election 49-56 days MN Statute 204D.03 Time of state elections. 60 Subd, 2. State general election. The state days general election shall be held on the first Tuesday after the first Monday in November in each even-numbered year. If there is no Primary election, no Special election shall be scheduled within 60 days prior to the General election. No Special election shall be 40 p days scheduled within 40 days following the General. If a majority of those voting on the Ballot Issue ' If a majority of those voting on the Ballot vote in its favor, the resulting action shall be Issue vote in its favor, the resulting action • determined by the respective section of this shall be determined by the respective Charter. section of this Charter. Mounds View Charter Appendix E - Recall Process Flow Diagram -Revision Date 11/13/2006 Form Committee of 5 to 10 Within 180 days of Is this the • members and file copy of Petition Obtain at least 25% filing petition,Deliver first time Petition stating the Official's name and the of the number of All Required No grounds for recall with Clerk- ► votes cast for Information to Clerk- has been tested for Administrator prior to circulation. President,most Administrator S . Secien Charter Section 5.02,5.08 recent election Sec 5.08 Sec 5.003 3 Sec 5.03 Yes Have all requirements been No Sponsoring Committee met? The Clerk-Administrator shall resubmits corrected petition ec 5.03,5.0, notify the Official sought to be to Clerk-Administrator recalled of the petition Sec 5.05 Yes Within 10 calendar days of receiving completed petition,Clerk-Administrator Have all notifies the City Council and Sponsoring requirements been Committee and the Sponsoring Committee met? is allowed 30 calendar days to correct Sec 5.03,5.04 defficiencies.Sec 5.04 Within 10 calendar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 City Council immediately declares sufficiency by resolution Sec 5.03 Declare Petition Terminated Due to Insufficiency&Notify . Sponsoring Committee no further action will taken.Sec 5.04 4 The Official shall be allowed Additional Recall Petition may not 14 calendar days to provide be filed against the same Official a response stating a for 1 year justification for their actions in not more than 500 words. Sec 5.08 Prepare for Ballot at a Primary,General,or Special Election within 120 days of City Council declaring the petition sufficient. The published notice of the election shall include the statement of grounds for recall and if provided the Official's response. Sec 5.05,5.08 Did a Majority of Those Voting on the No Recall Fails Recall Vote in Favor Sec 5.08 Sec 5.08 Yes • The Official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 Mounds View Charter Appendix C - Referendum Process Flow Diagram —Revision Date 11/13/2006 Deliver All Required 4111) Form Committee of 5 to 10 Obtain at least 15% Information to Clerk- Is this the members. This procedure and Administrator at least first time Petition No sample forms will be available --0, Obtain the number of 10 calendar days ► has been tested for votes cast for from Clerk-Administrator prior to Ordinance Sufficiency? Charter Section 5.02,5.07 President,most taking effect Sec 5.03 recent election Sec 5.07 Sec 5.03 Yes Have all . requirements been No met? Sponsoring Committee ec 5.03,5.0, resubmits corrected petition to Clerk-Administrator Yes Sec 5.05 A1 Within 10 calendar days of receiving completed petition,Clerk-Administrator Have all notifies the City Council and Sponsoring 4 No requirements been Committee and the Sponsoring Committee met? is allowed 30 calendar days to correct ec 5.03,5.0, defficiencies.Sec 5.04 Yes Within 10 calendar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 • File Petition as insufficient III and notify Sponsoring mi Comttee within 10 calendar days that no further action will 4 City Council Must adopt a resolution to taken.Sec 5.04 Suspend the Ordinance. Sec 5.07 Ordinance takes effect as originally intended.Sec 5.07 1 Prepare for Ballot at a Primary, General,or Special Election within 120 days of City Council declaring the petition sufficient. Sec 5.05. Did a Majority Ordinance Fails and of Those Voting on the No considered Repealed. Ordinance Vote in Sec 5.07 Favor Sec 5.07 Yes . /Ordinance takes effect immediately unless a later date is specified in the III . Ordinance Sec 5.07 Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen IIReferendum Timeline — Revision Date 11/13/2006 Referendum Process Pursuant to Chapter 5 Fie HI Ordinance Process Pursuant to Chapter 7 / -I Set a Public Hearing for Proposed Ordinance >= 10 days t Hold Public Hearing & First Reading not required to be in the same meeting >= 14 days Second Reading/Adoption First Opportunity Referendum Petition Submission .'i- 7-14 days <=28 days H Publication of Ordinance Submit Referendum Petition with 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 4 Y ._ Ordinance takes effect unless challenged Ordinance 30 days to allow process completion. by Referendum Petition Clerk Administrator provides written report to <=21 days Sponsoring Cmte detailing deficiencies. =30 days Re-Submit Referendum Petition with f deficiencies corrected to Clerk-Administrator >=9 days Council must either pass a resolution for Petition Sufficiency and Suspend the Ordinance, or direct y y Ordinance takes effect unless Referendum the petition be filed as insufficient and the Petition Succeeds Ordinance takes effect. <=10 days Clerk-Administrator provides written notice of __ Petition Insufficiency to Sponsoring Cmte If sufficiency was declared, the City Council shall have the issue prepared for a ballot to 11111 occur within 120 days pursuant to Chapter 5 Sec. 5.05 and Appendix A