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Home My WebLink About12-12-2006 Ctfi) (i4 Mounds View Charter Commission Minutes Meeting December 12,2006 r • ote 1. Call to Order—The meeting came to order at 7:05 pm I ' 2. Roll Call—Present: J. Thomas, J. Miller, M. Haubrich, C. Mueller, B.Thomas Excused: B. Doty, T. Vang Absent : 3. Approval of Agenda and Minutes Motion by C. Mueller, second by J. Miller to approve agenda as amended UNANIMOUS APPROVAL Motion by C. Mueller, second by M. Haubrich to approve minutes of November 14, 2006 UNANIMOUS APPROVAL 4. Citizens comments from the floor None 5. Reports of the Chair Chair updated the Commission on the status of Ord. 782 regarding Chapter 7.10 and presented requests from the council to address Chapter 12.13 regarding the City Newsletter and to research granting authority for administrative penalties. . 6. Reports of members None 7. Unfinished Business Chair presented possible amendments to App. A and discussion of the comparison between the previous timeline and adjustments for the possibility that state statue may change the primary election dates. Consensus was to stay with the current version and to leave the amended version for use if/when the statutes do change. M. Haubrich suggested adding punctuation to correct the interpretation of label boxes on App. A. Chair presented amended flow diagrams with a correction to App. C referencing 5.05 Discussion continued for several minor corrections to the Appendices regarding tenses, capitalization, and wording. Chair presented draft language for Chapter 5 with an amendment to line 164-165 reading: "In a year with no regular primary election, a special election shall not be held within the 60 days preceding the regular general election" Chair also discussed additional text for App. A addressing"Date of primary election, if scheduled" • Mounds View Charter Commission Minutes Meeting December 12, 2006 • 8. New Business 2006 Summary Letter: J. Miller suggested adding"unless approved by referendum"to the listing for Nov. 7th. C. Mueller suggested adding an opening paragraph that would address the Commission's attempt to meet certain goals throughout the year and volunteered to draft the language. Election of Officers: C. Mueller nominated the current office holders for Chair, Vice Chair and 2nd Vice Chair be elected for another term—J. Thomas,B. Doty and J. Miller, respectively. M. Haubrich seconded the motion. UNANIMOUS APPROVAL J. Miller nominated B. Thomas for Secretary. C. Mueller seconded the motion. UNANIMOUS APPROVAL Discussion of the agenda for January, 2007: New draft language for Chapter 5 J. Miller inquired about the invitation to attend a meeting from the Lino Lakes Charter Commission to discuss the levy limit ballot measure C. Mueller asked to have a list of goals for 2007 110 9. Adjournment Meeting adjourned at 8:56 pm • City of CHARTER COMMISSION MEETING • Mounds 7:00 PM Tuesday, Dec 12, 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 _Michael Haubrich 763.786.3421 _ Bill Doty _ Carol Mueller 2"Vice Chair _ Jean Miller • _Barbara Thomas Jean Miller . _ _Thai W Vang 763.786.3959 Secretary 3. Approval of agenda and minutes Matthew Eenigenburg Review and approve agenda 763.783.7216 Approval of Nov 14, 2006 Minutes Michael Haubrich 4. Citizens comments from the floor Oarol Mueller 763.780.1251 5. Reports of the Chair Barbara Thomas 763.780.6226 Thai W Yang 6. Reports of members 7. Unfinished Business 60 min, Review Chapter 5, resolution 2006-07. • 8. New Business 20 min, Elect Officers as required, according to Bylaws. 10 min, Discuss next month's and future agenda items. 9. Adjournment i • • Mounds View Charter Appendix E - Recall Process Flow Diagram -Revision Date 1/5/2007 Form Committee of 5 to 10 Within 180 days ofIlip Is this the members and file copy of petition Obtain at least 25% filing petition,deliver first time petition No stating the official's name and the of the number of all required grounds for recall with Clerk- ' votes cast for ' information to Clerk- A is being tested for Administrator prior to circulation. President,most Administrator Sufficiency? Sec 5.03 Charter Section 5.02,5.08 recent election Sec 5.08 Sec 5.03 Yes Have all requirements been No met? The Clerk-Administrator shall notify Within 30 calendar days the Sponsoring ec 5.03,5.0, the official sought to be recalled of Committee must submit corrected petition — the petition to Clerk-Administrator. Sec 5.04 Yes • Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator , requirements been notifies the City Council and Sponsoring met? Committee of deficiencies.Sec 5.04 Sec 5.03,5.04 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 4 Sec 5.03 Dueeclartoeinsufficiency petition terminat&notifedy III d Sponsoring Committee no further action will taken.Sec 5.04 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 V Prepare for ballot at a Primary,General,or Special election within 120 days of City Council declaring the petition sufficient unless date is extended for compliance with election timeline. 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 III The official is le vancy shall be filled pursuantrecaled toand Section thac4.05 of the City Charter. Sec 5.08 Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall • Revision Date 1/5/2007 Election Year Non Election Year Date a petition has been determined to be sufficient •-- ---0 Date a petition has been determined to be sufficient No Special Election If primary scheduled 60 days • Date of regular primary election if scheduled. Max 120 A special election may be scheduled concurrent with days primary election even if it is less than 60 days prior to the general election. No Special Election I I 60 days Date of regular general election. A special election may be scheduled concurrent with general election. No Special Election 40 days Special election. If a majority of those voting Special election. If a majority of those voting on the ballot issue vote in its favor, the on the ballot issue vote in its favor,the resulting action shall be determined by the t ► resulting action shall be determined by the respective section of this Charter. respective section of this Charter. Mounds View Charter Appendix B - Initiative Process Flow Diagram -Revision Date 1/5/2007 Form Committee of 5 to 10 Within 180 days of filing Is this the members and file a copy of the0 Obtain at least petition,Deliver All first time petition No petition with the Clerk- --0. 15%of the number of —I* Required Information to is being tested for Administrator prior to circulation. votes cast for President, Clerk Administrator sufficiency? Charter Sec 5.02,5.06 most recent election Sec 5.06 Sec 5.03 Sec 5.03 Have all Yes requirements No been met? Within 30 calendar days the Sponsoring Sec 5.03,5.04 Committee must submit corrected — petition to Clerk-Administrator. Sec 5.04 tYes Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator No requirements notifies the City Council and Sponsoring been met . Sec 5.03,5.04 Committee of deficiencies.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 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 calendar days to Committee disapprove must complete one of the offer an amendment? disapprove the amendment? specified courses of action. Sec 5.06 Sec 5.06 Sec 5.06 Sec 5.06 No No .4 • Hold First Reading,schedule a Did City Council Yes Ordinance takes effect after 30 public hearing pursuant to MN calendar days unless a later date is Stat.410.12 and any additional pass Ordinance by specified in the Ordinance requirements. Sec 5.06 majority vote? Sec 5.06 Sec 5.06 No 4 V Prepare for ballot at a Primary, General,or Special election within 120 days of City Council declaring the petition sufficient unless date is extended for compliance with election timeframe. Sec 5.05. Did a majorityOrdinance fails and of those voting on the No I* 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 C - Referendum Process Flow Diagram -Revision Date 1/5/2007 Deliver all required • Obtain at least 15% information to Clerk- Is this the Form Committee of 5 to 10 of the number of Administrator at least first time Petition No members. ► ► 10 calendar days • ► Is being tested for votes cast for Charter Section 5.02,5.07 prior to Ordinance Sufficiency? President,most taking effect Sec 5.03 recent election Sec 5.07 Have all Sec 5.03 Yes requirements No been met? Within 30 calendar days the Sponsoring Sec 5.03,5.04 Committee must submit corrected petition to Clerk-Administrator. Sec 5.04 Yes • Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator 4 No requirements m. notifies the City Council and Sponsoring been Committee of deficiencies.Sec 5.04 Sec 5. 5.033,,5.04t 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 and notify Sponsoring Committee within 10 calendar days that no further action will taken.Sec 5.04 City Council must adopt a resolution Ordinance takes effect as to suspend the Ordinance. Sec 5.07 originally intended.Sec 5.07 Prepare for ballot at a Primary, General,or Special election within 120 days of City Council declaring the petition sufficient unless date is extended for compliance with election timeline. Sec 5.05. Did a majority Ordinance fails and of those voting on the No considered repealed. Ordinance vote in favor Sec 5.07 Sec 5.07 Yes /Ordinance takes effect immediately unless a later date is specified in the • Ordinance Sec 5.07 Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen Referendum - Timeline Revision Date 1/5//2007 Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 7 Form Sponsoring Committee of 5 to 10 members . Set a public hearing for proposed Ordinance >=10 days Hold public hearing & First Reading >=14 days not required to be in the same meeting H Second reading/adoption First opportunity for referendum petition submission 1-4 7-14 days <=28 days H Publication of Ordinance Submit referendum petition with signatures [ T, 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 then J• Ordinance takes effect unless challenged Ordinance 30 days to allow process completion. I " by referendum petition Clerk Administrator provides written report to <=21 days Sponsoring Committee detailing deficiencies. =30 days Submit referendum petition with deficiencies L corrected to Clerk-Administrator >=9 days Council must either pass a resolution for petition sufficiency and suspend the Ordinance, or direct the t Ordinance takes effect unless referendum petition be filed as insufficient and the Ordinance petition is sufficient takes effect. <=10 days Clerk-Administrator provides written notice of petition insufficiency to Sponsoring Committee If sufficiency was declared,the City Council shall have the issue prepared for a ballot to occur within 120 days unless date is extended for compliance T with election timeline, pursuant to Chapter 5 Sec. 5.05 • See Appendix A 34 Mounds View Charter Appendix E - Recall Process Flow Diagram - Revision Date 1/5/2007 Form Committee of 5 to 10 Within 180 days of• Is this th members and file copy of petition Obtain at least 25% filing petition,deliver e first time petition No stating the official's name and the of the number of all required is being tested for grounds for recall with Clerk- votes cast for information to Clerk- Sufficiency? Administrator prior to circulation. President,most Administrator Sec 5.03 Charter Section 5.02,5.08 recent election Sec 5.08 Sec 5.03 Yes Have all requirements been No • met? The Clerk-Administrator shall notify Within 30 calendar days the Sponsoring ec 5.03,5.0, the official sought to be recalled of Committee must submit corrected petition — the petition to Clerk-Administrator. Sec 5.04 Yes A Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator 4 requirements been notifies the City Council and Sponsoring met? Committee of deficiencies.Sec 5.04 Sec 5.03,5.04 V 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 4 Sec 5.03 /Declare petition terminated • 7 / 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 unless date is extended for compliance with election timeline. 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 III The official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08