HomeMy WebLinkAbout11-14-2006 Mounds View Charter Commission Minutes
Meeting of November 14. 2006
1. Call to Order—The meeting came to order at 7:11 p.m.
2. Roll Call— Present—C. Mueller, B. Thomas, J. Thomas, M. Haubrich, J. Miller
Excused—B. Doty, Thai \Tang
3. Approval of agenda and minutes
Motion by J. Miller, second C. Mueller to approve agenda as written
UNANIMOUS APPROVAL
Motion by C. Mueller, second M. Haubrich to approve minutes of October 10, 2006
5—AYES
4. Citizens comments from the floor
W. Werner Sr. discussed the recently passed ballot measure and hopes that the Council does
not use the 5% limit as a new target. The levy limit is only a partial control and the residents
need to stay on top of the budget to prioritize needs versus wants.
5. Reports of the Chair
J. Thomas explained the members whose terms have expired and are retiring from service at
this point including Matt Eenigenburg, William Werner, Sr and Brian Amundsen. In addition,
Bill Doty has been reappointed to the Commission and two new members have been appointed,
Michael Haubrich and Thai Vang with terms expiring in 2010. He also presented a corrected
copy of the current Bylaws. In addition, he discussed the Council and City Attorney's
recommendations for Chapter 7.10. However, the language suggested by the attorney did not
meet the intent of the Charter Commission's amendments. Those discussions will continue.
Chair also noted that there are no longer term limits for members of the Charter Commission
because the statute referenced in the Bylaws was amended and those restrictions have been
removed. The term limits for holding Commission officer positions do still exist however.
6. Reports of members
None
7. Unfinished Business
Chair presented new copies of the diagrams and text for Chapter 5. C. Mueller questioned the
missing Council action in the center box of App. C which should also require a resolution
declaring sufficiency of the petition. J. Miller asked whether the link to Section 5.06 on App.
B is correct. Chair pointed out missing language in Section 5.06 regarding the 180 expiration
limit for Initiative as well as language regarding filing the petition with the
Clerk/Administrator before circulation. It will be the same as 5.08. J.Miller also asked about
gender referrals within the text.
C. Mueller suggested editing line 248: removing"an answer for their course of action in"and
replacing it with"a response of' and line 251: replacing the word"answer"with the word
"response"in two locations.
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Mounds View Charter Commission Minutes
• Meeting of November 14, 2006
B. Thomas suggested editing text within the diagram boxes to remove any language not
directly related to the action being taken. Chair discussed that App. A has too much
explanatory text and would like members to assist in removing what is unnecessary. He also
proposed new language in case the elections statutes are ever changed that would affect the
timelines for referendum. He will provide language for a possible change in the dates as well
as a corrected timeline. J. Miller suggested removing the reference to App. A in the last box on
App. D and putting it in its own box. B. Thomas suggested putting the language in a footer on
the page and not in a box.
Chair asked all members to scrutinize the language of the diagrams as well as the text and have
all suggestions for changes submitted to him by Nov 28th.
C.Mueller suggested a change for Section 5.07 replacing"ordinance takes effect"on line 207
with"effective date of the Ordinance".
8. New Business
Chair discussed election of Officers according to the Bylaws.
B. Thomas moved to postpone election of a Secretary to fill the vacancy until the regular
election of Officers in December. C. Mueller seconded.
UNANIMOUS APPROVAL
• Discussion of next month's agenda items to include:
Review timelines and text of Chapter 5
Election of Officers
Section 7.10, if clarified with the Attorney
2006 Summary Letter for the Court
Continuing discussion for items to be on the agenda for next year such as administrative fines,
publication requirements fitting a new template and concluding the remaining items on the list.
C.Mueller asked about the status of codification of all the Charter amendments. Chair
explained that staff and legal counsel are working on a policy to resolve that issue.
9. Adjournment
Meeting adjourned at 9:08 p.m.
Respectfully submitted,
Barbara Thomas,
acting Secretary
Cityof CHARTER COMMISSION MEETING
Mounds 7:00 PM Tuesday, Nov 14, 2006
0 View Mounds View City Hall
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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 _Michael Haubrich
763.786.3421 Bill Doty _ Carol Mueller
rd Vice chair _ Jean Miller _Barbara Thomas
Jean Miller _ Thai W`rang
763.786.3959 —
Secretary 3. Approval of agenda and minutes
Brian
Brian Amundsen
763.786.5699
Review and approve agenda
Matthew Eenigenburg Approval of Oct 10, 2006 Minutes
763.783.7216
Michael Haubrich ti 4. Citizens comments from the floor
•iaroMueller
l s
763.780.1251 5. Reports of the Chair
Barbara Thomas
763.780.6226 New members.
Thai W Vangt� L
' 6. Reports of members
William Werner Sr
763.784.3603 7. Unfinished Business
60 min, Review Chapter 5, resolution 2006-07.
8. New Business
20 min, Elect Officers if required, according to Bylaws.
10 min, Discuss next month's and future agenda items.
. 9. Adjournment
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
Revision—DRAFT 20061113 Page 1 of 6
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 new section to deal with ballot issue for consistency and clarity.
13 8. Section 5.06 clarify the process for Initiative and process time line.
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 14. Section 5.09 (moved from old section 5.06) correct"electors"to "voters".
23
24 CHAPTER 3
25
26 COUNCIL PROCEDURE
27
28 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
29 writing and read in full before adoption,unless the reading is dispensed with by unanimous consent of
30 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed
31 in its title. The enacting clause shall be"The City of Mounds View ordains". No ordinance,except an
32 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen days
33 shall elapse between its introduction and final adoption. Every ordinance must contain a specified
34 effective date as noted in Section 3.09 of this Charter.
35
36
37 Section 3.07. Signing,and Publication of Ordinances. Every ordinance adopted by the Council
38 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every
39 ordinance shall be published at least once in the official newspaper as soon as practicable no earlier
40 than 7 calendar days nor later than 14 calendar days from the date of passage, either in its complete
41 form preceded by a summary of its contents or as a title and summary.'
42
43 The Ordinance or the Ordinance Title and Summary shall be published in a body type no
44 smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from
• 45 the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
111 Revision—DRAFT 20061113 Page 2 of 6
46 there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy
47 shall also be available in the community library, if there is one, or if not,in any other public
48 location which the Council designates.
49
50 In the case of lengthy ordinances, or ordinances that include charts or maps, if the
51 Council determines that publication of the title and a summary of an ordinance would clearly
52 inform the public of the intent and effect of the ordinance,the Council may by a four-fifths vote
53 of its members, direct that only the title of the ordinance and a summary be published,with
54 notice that a printed copy of the ordinance is available for inspection during regular office hours
55 at the office of the Clerk-Administrator.Prior to the publication of the title and summary, the
56 Council shall approve the text of the summary and determine that it clearly informs the public of
57 the intent and effect of the ordinance, and shall further state that the complete text of the
58 ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and
59 summary shall be deemed to fulfill all legal publication requirements as completely as if the
60 entire ordinance had been published. A copy of the publication shall be attached to and filed
61 with the ordinance for reference. To the extent and in the manner prohibited by law an
62 ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a
63 regulation, a code or ordinance or part thereof without publishing the material referred to in full,
64 so long as the complete reference to the item is included.
65
• 66 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency
67 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every
68 other ordinance shall take effect thirty days after its publication or at such later date as it specifies
69 unless challenged by a petition for referendum. In the event of a petition for referendum, the City
70 Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this
71 Charter.
72
73 CHAPTER 5
74 INITIATIVE, REFERENDUM AND RECALL
75
76 Section 5.01. 1: = ' - _ _ . .. :. . _ - -
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77 - • - - '" .- - - . --- -• -- • - - . - • - - .• - • - - - •-- -
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78 . . - . . - . . , - -- - -. . _ _. _.. - - - . - -- - =
79 olcctorato for approval or disapproval, and to recall elected public officials. These powers shall be
80 -. •- . ' - - - - . . -, . •- --. , - - • • General Voter Authority . The
81 people of Mounds View, have the right, in accordance with this Charter,to propose ordinances
82 [initiative] and to require that any ordinance be referred to the voters [referendum, except those
83 that appropriate money, levy taxes or deal with administrative issues (MN Statute 410.20, as
84 amended). The voters also have the right to remove elected public officials [recall]. The term
85 voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first
86 register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039, as
87 amended, eligibility to sign the petition is not restricted to only those who were eligible to or did
88 cast ballots in the previous election. For clarity flow charts and referendum and ballot issue time
• 89 lines are attached to the end of this charter.
90
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
• Revision—DRAFT 20061113 Page 3 of 6
91 Section 5.02. General Provision^ f r Petitions. A petition provided for under this chapter
92 shall be sponsored by a committee of five registered 5 to 10 members who are voters of the City
93 and whose names and addresses shallmust appear on the petition as the Sponsoring Committee. A
94 petition consists of one or more paper-srbut pages with each separately circulated paper
95 shall-eentain page containing at its head, or attached thereto,the information specified in sections
96 5.05, 5.07 or 5.08 which apply,respectively,to initiative,referendum and recall. .Each signer shall
97 be a registered voter of the City and shall sign their name and give their street addressThe
98 Sponsoring Committee may obtain a sample petition from the City Clerk-Administrator. The Clerk-
99 Administrator shall provide the number of signatures for petition sufficiency which is based on the
100 total number of ballots cast for President in the most recent Presidential election. All petition
101 circulators must be voters of the City. Each separate page of the petition shallmust have appended
102 to it a certificate by the circulator,verified by oath,. The certificate shall affirm that each signature
103 appended4hefeto-was made in theifthe circulator's presence and that the circulator believes them to
104 be the genuine signature of the perseevoter whose name it purports to be. The person making the
105 certificate shall be a resident of the City and registered to vote. and that each signer was presented
106 with the full petition. Each signer of a petition must be a voter of the City and must sign and print
107 their name and give their street address. Any persenvoter whose name appears on a petition may
108 withdraw their name by filing a statement in writing sled-with the Clerk-Administrator before
109 saidthe Clerk-Administrator advises the Council of the information related to the sufficiency of the
110 petition.
111
• 112 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed
113 petition in the office of the Clerk Administrator. The required number of signers shall be at least
114 fifteen percent for initiative and referendum, and for recall, at least twenty five percent of the total
115 . - - - - - . - .- - _ . ..
116 _ - - - . - - - . . .
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117 . . .. :.--• • ••• •- .. . . .. - _ .- , .. ::. • -•••••
118 - . . .- . _ _ _ . _ ._ ' •.•. For a petition to be sufficient, it must meet the
119 requirements set forth in section 5.02 and contain at least the following:
120 • Petitions for Initiative and Referendum require signatures of at least 15 percent of total ballots
121 cast for President in the most recent Presidential election.
122 • Petitions for Recall require signatures of at least 25 percent of total ballots cast for President in
123 the most recent Presidential election.
124 If all requirements have been met, the Clerk-Administrator shall report to the City Council within
125 10 calendar days of receipt of the completed petition. The City shall immediately declare the
126 sufficiency of the petition by resolution.
127
128 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that
129 , - •- - • . - - - • , . _ • • . - • . . - • --- - ._ -•,
•
•
130 •- - _ - •- -- , - - -- :-••: _:--.--•• --. . _. • _
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•
•
•
131 •••• .. - . - - _ ... . . . - :. :3 . - - - --- - • -• . . - --
132
_•
132 -- - , --• . , - •- -- - - • - - - -• , - _ •_ , _ ...
133 of the grounds on which the recall is sought. Within five days of receipt of the corrected petition,the
134 - - • - = - . , _ _.. - .. • • .
• 135 -: . ••- - - . _ - . . •- • - •- •• - - - - •. _ .. _•-
136 -- •_ -
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
411 Revision—DRAFT 20061113 Page 4 of 6
137 _ ._ _ _ .. .. • - - - --- - - - - •_ - .:•1_
138 _ ._ ' •. . _ . _ . _ -- _ . . . . - •. . If the Clerk-Administrator determines
139 that the petition cannot meet the requirements for sufficiency, a copy of the petition, together with a
140 written statement of its defects, shall be delivered to the sponsoring committee and to the City
141 Council within 10 calendar days of receipt of the completed petition. As specified in this Charter,
142 the committee shall have 30 calendar days to file additional signature papers and/or to correct the
143 specified irregularity. Within 9 calendar days of receipt of the corrected petition, the Clerk-
144 Administrator shall determine whether the petition as corrected meets the requirements for
145 sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient or
146 irregular, the City Council shall direct the Clerk-Administrator to file the petition as noted and
147 notify the sponsoring committee within 10 calendar days that no further action will be taken. The
148 Final Finding that the petition is insufficient or irregular shall not prejudice the filing of a new
149 petition for the same purpose unless otherwise specified within this Charter. Except in the case of a
150 petition for recall, it shall not prevent the Council from referring the subject matter of the petition to
151 the voters at the next regular or special election.
152
153 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on a ballot
154 and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled
155 meeting, the City Council shall pass a resolution placing the measure on a ballot. If it is within 120
156 calendar days of a primary or general election and all of the county election requirements can be
157 met, the measure shall be placed on the ballot at the next regularly scheduled election.
• 158
159 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a
160 regularly scheduled election, at or before its next regularly scheduled meeting, the City Council
161 shall pass a resolution placing the measure on the ballot and calling for a special election to be held
162 within 120 calendar days of said meeting. However, no special elections can be held between a
163 regular primary election and a regular general election or 40 calendar days after a regular general
164 election. If there is no regular primary election then no special election shall be held within 60
165 calendar days prior to a regular general election.
166
167 Section 5.056. Initiative*. Any ordinance may be proposed by a-petition which shall state at the
168 head of each page or attached thereto the exact text of the proposed ordinance. If the Council
169 .. - - . ... _ ' - . • . , - . - - - •- : ••: -:•• ••• _ ..
170 -: . _ . _ . t--t- - . . - - _•
171 of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails
172 . _ . - •- . . _ - . •• •-- - • - - - - - - - - •- • -- - .. _ • '
173 days after the final determination of sufficiency of the petition, the ordinance as originally proposed
174 shall be placed on the ballot at the next election occurring in the City. If no election is to occur
175 within 120 days after the filing of the petition, the Council shall call a special election on the
176 . • . - - :t -- . • - - . _ •. . . --.•: -•- - - - •_ . . • . - - _ - .
177 favor, it shall become effective thirty days after adoption unless the ordinance specifies a later
178 effective date. (Amended,Ord. 650, 8 16 2000). The exact text of the proposed ordinance must be
179 stated at the head of each page of the petition or attached thereto. Within 60 calendar days after
180 final determination of the petition's sufficiency under the provisions of Section 5.03 and 5.04 of this
181 Charter, the Council may either hold a first reading of the ordinance, as defined in Section 3.05 of
182 this charter, and proceed with the normal ordinance adoption process,which does not exclude the
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
• Revision—DRAFT 20061113 Page 5 of 6
183 referendum process as defined in Section 5.07, or propose an amendment to the petitioned
184 ordinance. If an amendment is proposed by a majority vote of the Council and presented to the
185 petition committee, the petition committee has 14 calendar days from the receipt of the amended
186 proposed ordinance to disapprove the amendment by majority vote, and file a statement with the
187 Clerk-Administrator. Upon filing a statement of disapproval, the proposed ordinance, as stated on
188 the original petition, must be placed on the ballot at the next election occurring in the City. If there
189 is no proposed amendment, or should the petition committee agree to the amendment, the ordinance
190 shall be scheduled for a public hearing pursuant to MN Statute 410.12. If the ordinance receives a
191 majority vote of the Council in its favor, it shall become effective 30 calendar days after adoption
192 unless the ordinance specifies a later effective date. If the amendment is required to be put on a
193 ballot, the City Council shall proceed as provided for in Section 5.05 of this Charter. If a majority
194 of those voting on the ordinance vote in its favor, it shall become effective thirty days after
195 certification of the election results unless the ordinance specifies a later effective date. If the
196 majority do not vote in favor, the ordinance shall not be enacted and the measure is prohibited from
197 being brought forward again as an initiative within six months of the election certification. If the
198 petition committee does not file a disapproval statement to a proposed amendment, the Council
199 shall hold a first reading of the amended proposed ordinance and proceed with the normal adoption
200 process, which does not exclude the referendum process as defined in Section 5.07. If the Council
201 does not approve the ordinance, it must follow the aforementioned balloting process.
202
203 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect,it may be
204 subjected to a referendum by a petition which shall state at the head of each page, or attached
205 thereto, the exact text of the measure to be considered by the electorate voters. The committee
206 must file the completed petition in the office of the Clerk-Administrator at least 10 calendar days
207 before the ordinance takes effect. If the petition is found to be sufficient under the provisions of
208 Section 5.03 of this chapter,the said ordinance shall thereby be prevented from going into
209 .. . •. -, . . •- . .• . - . •- . • • . . . -. • .. . . -- -- - .
210 occurring in the City. If no election is to occur within 120 days after the filing of the petition, the
211 Council shall call a special election to be held within such period, providing the petition has been
212 City Council must adopt a resolution suspending the effective date of the
213 Ordinance until it is decided by a vote of the public, and the Council proposed ordinance shall be
214 placed on the ballot as provided in Section 5.05 of this Charter. If a majority of the-voters favors
215 the ordinance contained in the petition, it shall remain in effect. it shall take effect immediately
216 unless the ordinance specifies a later date. If a majority of the electors voting thereon votes against
217 the ordinance contained in the petition, it shall be considered repealed upon certification of the
218 election results. (Amended, Ord. 651, 8-16-2000) If the petition cannot meet the requirements of
219 sufficiency under the provisions in Section 5.03 of this chapter, the City Council must adopt a
220 resolution suspending the effective date of the Ordinance for 30 calendar days and the sponsoring
221 committee will have 21 calendar days in which to file additional signature papers and/or to correct
222 the specified irregularity according to Section 5.04. If the Final Finding is that the petition is
223 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. If
224 the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a
225 resolution suspending the effective date of the Ordinance until it can be decided by a vote of the
226 public and proceed as previously mentioned in this section.
4) 227
228 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of
Mounds View Charter Commission Date: 11/13/2006
Charter Updates: Category 2 Items, Chapter 5
• Revision—DRAFT 20061113 Page 6 of 6
229 the City may be initiated by petition. The voters of the City may request a recall vote of any elected
230 official of the City by petition. The petition shall state at the head of each page, or attached thereto,
231 a certificate stating the name of the officer official whose removal is sought, the grounds for recallr
232 - . .- • -. -.. --• -. . - . . . . -1, constituting malfeasance or misfeasance
233 in office, in not more than 250 words, and the intention of the sponsoring committee to bring about
234 the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to
235 circulation and shall be valid for 180 days during which time a completed petition with signatures
236 must be filed.. •- . . • - . •- . .. •. • .•- - . •- -- - - •-
237 Section 5.03 of this chapter, the Clerk Administrator shall transmit it : •- •. • -• -- . ,
238 . . . . - - - - . . - . . •-- :- • •:-
239
.239 the-p . The Clerk-Administrator shall notify the official sought to be recalled of the
240 petition and proceed as provided in Section 5.03 and 5.04 of this Charter. The Council shall at its
241 next meeting, by resolution,provide for the holding of special recall election within ninety days
242 after such meeting, except if any other election is to occur within ninety day period after such
243 •- • -• - •• • • - - . . - - . : _ : - . : - •-- .
244 The Clerk Administrator shall include with the published notice of the election the statement of the
245 - • - - • - - I! - - ' -- . -- : - - --246 • • -. . •-• •. - . --. If the City Council is able to declare the petition sufficient, it
247 shall prepare the measure for a ballot and as provided for in Section 5.05 of this charter. Within 14
248 calendar days of the declaration of sufficiency, the elected official named by the petition may
249 provide an answer for their course of action in not more than 500 words. The Clerk-Administrator
• 250 shall include with the published notice of the election, the statement of the grounds for the recall
251 and the answer of the official concerned or a statement stating no answer was received. If a
252 majority of those voting on the recall vote in its favor, it shall become effective immediately upon
253 certification of the election results. If the majority do not vote in favor, the recall has failed and a
254 petition for recall is prohibited from being repeated for that elected official for one year from the
255 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein
256 shall apply to fill said vacancy.
257
258 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed
259 as in any way affecting the right of the electors voters to propose amendments to this charter.
260
261
262 * Minnesota courts have limited the powers of initiative and referendum to ordinances which
263 are legislative in character. General legislative acts lay down some permanent and uniform rule of
264 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts
265 are the product of investigation, consideration and deliberate human judgment based upon
266 evidentiary facts of some sort.
•