HomeMy WebLinkAbout01-09-2007 d, oii. ,..,
Mounds View Charter Commission Minutes w ,v� ' 1 ;11 e(rr f
Meeting January 9, 2007] (l�"
III
1. Call to Order—The meeting came to order at 7:02 pm.
9- '
2. Roll Call—Present: J. Thomas, B. Doty, J. Miller, M. Haubrich, B.Thomas, T. Vang
Excused: C. Mueller
Absent :
3. Approval of agenda
Motion by B. Doty, second by J. Miller] to approve agenda as amended
UNANIMOUS APPROVAL
4. Approval of minutes
Motion by J. Miller, second by M. Haubrich to approve minutes of Dec. 12, 2006] as written
UNANIMOUS APPROVAL
5. Citizens comments from the floor
None
6. Reports of the Chair
Discussion regarding the invitation from the Lino Lakes Charter Commission for Mounds View
Commission attendance
6. Reports of members
None
III7. Unfinished Business 1
Discussion of the 2006 Summary Letter to the Court and whether additional information is 1
necessary.
Chair presented a request from the Council and Legal staff for Charter language regarding
Administrative Offense Authority. Is the Commission interested in pursuing this matter? A future
meeting with staff will be scheduled to discuss the item.
Discussion of Chapter 5 revisions:
Chair presented remaining issue regarding the timeline and text for 5.06 to be discussed later.
J. Miller raised question about the wording for Chapter 3 section, lines 33-34 regarding "manner
prohibited by law". Chair will check into the language to determine the history.
J. Miller suggested adding the language"required per 5.03" after the word"signatures" on line 71.
B. Doty suggested that there be research in the future for how the Charter applies to repealing ani(
Ordinance already in place.
B. Thomas suggested a direct reference to Sect. 5.06-.08 on line 121 and changing the word
"prejudice"to"restrict" on line 120.
Discussion regarding App. B and Sect 5.06 continued to try and solve the 120 day time loop and
• missing time restrictions for Council action on Initiative petitions. Chair will work with staff to
determine where the process can be clarified.
Mounds View Charter Commission Minutes
Meeting January 9, 2007]
• 8. New Business
Chair questioned the Commission regarding the agenda possibilities for 2007 and continuing. The
outstanding requests include:
• Administrative Offenses— City authority
• Charter requirements for Council Liaisons to Commissions in Sect 3.02
• Charter membership restrictions within Sect 2.04
9. Adjournment
Meeting adjourned at 8:50 pm
S
110
City of CHARTER COMMISSION MEETING
Mounds 7:00 PM Tuesday, Jan 9, 2007
View Mounds View City Hall6.,(ej
•
Preliminary AGENDA0-09I ! i
f
Charter Commission5 (
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 ✓ ill Doty ?/Carol Mueller
2ic1 Vice Chair V Jean Miller -Thai W Vang
Jean Miller ./Barbara Thomas
763.786.3959
Secretary 3. Approval of agenda and minutes
Barbara Thomas
763.780.6226
Review and approve agenda
Michael Haubrich Approval of Dec 12, 2006 Minutes
651.205.6848
Carol Mueller 4. Citizens comments from the floor
763.780.1251
ehai W Vang
763.792.1750 5. Reports of the Chair
Lino Lakes Charter Commission invite for their Jan 11, 2007 meeting
6. Reports of members
7. Unfinished Business
( D vh,r. S.ArA n
60 min, Review Chapter 5, new resolution number 2007-01.
8. New Business
15 min, Goals for 2007.
15 min, Discuss next month's and future agenda items.
9. Adjournment
Mounds View Charter Commission Date: 1/5/2007
' Charter Updates: Chapter 5 Resolution 2007-01a
Revision—DRAFT 20070105 Page 1 of 6
1 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
2 writing and read in full before adoption,unless the reading is dispensed with by unanimous consent of
3 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed
4 in its title. The enacting clause shall be"The City of Mounds View ordains". No ordinance,except an
5 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen days
6 shall elapse between its introduction and final adoption. Every ordinance must contain a specified
7 effective date as noted in Section 3.09 of this Charter.
8
9
10 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council
1i shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every
12 ordinance shall be published at least once in the official newspaper as soon as practicable no earlier
13 than 7 calendar days nor later than 14 calendar days from the date of passage, either in its complete
14 form preceded by a summary of its contents or as a title and summary.'
15
16 The Ordinance or the Ordinance Title and Summary shall be published in a body type no
17 smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the
18 City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is
19 one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also
20 be available in the community library, if there is one, or if not, in any other public location which
21 the Council designates.
22
23 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council
24 determines that publication of the title and a summary of an ordinance would clearly inform the
25 public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its
26 members, direct that only the title of the ordinance and a summary be published,with notice that a
27 printed copy of the ordinance is available for inspection during regular office hours at the office of
28 the Clerk-Administrator. Prior to the publication of the title and summary,the Council shall
29 approve the text of the summary and determine that it clearly informs the public of the intent and
30 effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the
31 office of the Clerk-Administrator. The publishing of the title and summary shall be deemed to
32 fulfill all legal publication requirements as completely as if the entire ordinance had been published.
33 A copy of the publication shall be attached to and filed with the ordinance for reference. To the
34 extent and in the manner prohibited by law an ordinance may incorporate by reference a statute of
35 Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without
36 publishing the material referred to in full, so long as the complete reference to the item is included.
37
38 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency
39 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every
40 other ordinance shall take effect thirty days after its publication or at such later date as it specifies
41 unless challenged by a petition for referendum. In the event of a petition for referendum, the
42 Council must suspend the effective date of the ordinance as specified in Section 5.07 of this
43 Charter.
44
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
Mounds View Charter Commission Date: 1/5/2007
Charter Updates: Chapter 5 Resolution 2007-01 a
Revision—DRAFT 20070105 Page 2 of 6
45 CHAPTER 5
46 INITIATIVE,REFERENDUM AND RECALL
47
48 Section 5.01. Powers Reserved bythc People. The people of Mounds View reserve to
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50 . - . -- - - , _ -- . . _ - --- - - - - -- -
52 _• __ -: •-• , -- --- - _ . -, _ •- _. , - _ - General Voter Authority*. The
53 people of Mounds View, have the right, in accordance with this Charter, to propose ordinances
54 {initiative] and to require that any ordinance be referred to the voters'referendum], except those
55 that appropriate money, levy taxes or deal with administrative issues (MN Statute 410.20, as
56 amended). The voters also have the right to remove elected public officials [recall]. The term
57 voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first
58 register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039, as
59 amended, eligibility to sign the petition is not restricted to only those who were eligible to or did
60 cast ballots in the previous election. For clarity flow charts and referendum and ballot issue time
61 lines are attached to the end of this charter.
62
63 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter
64 shall be sponsored by a committee of five registered 5 to 10 members who are voters of the City
65 and whose names and addresses-shailmust appear on the petition as the Sponsoring Committee. A
66 petition consists of one or more papers, but pages with each separately circulated paper
67 shall contain page containing at its head, or attached thereto,the information specified in sections
68 5.05, 5.07 or 5.08 which apply, respectively,to initiative, referendum and recall. .Each signer shall
69 . _• - . •- _ . -- . -- -- ... _ The
70 Sponsoring Committee may obtain a sample petition from the Clerk-Administrator. The Clerk-
71 Administrator shall provide the number of signatures for petition sufficiency which is based on the
72 total number of ballots cast for President in the most recent Presidential election. All petition
73 circulators must be voters of the City. Each separate page of the petition shallmust have appended
74 to it a certificate by the circulator, verified by oath,. The certificate shall affirm that each signature
75 appended ereto was made in theifthe circulator's presence and that the circulator believes them to
76 be the genuine signature of the persenvoter whose name it purports to be. The person making the
77 certificate shall be a resident of the City and registered to vote. and that each signer was presented
78 with the full petition. Each signer of apetition must be a voter of the City and must sign and print
79 their name and give their street address. Any persenvoter whose name appears on a petition may
80 withdraw their name by filing a statement in writing filed-with the Clerk-Administrator before
81 saidthe Clerk-Administrator advises the Council of the information related to the sufficiency of the
82 petition.
83
84 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed
85 petition in the office of the Clerk Administrator. The required number of signers shall be at least
86 _ _ - - = - • - - --• - _ , _
87 number of electors who cast their votes for president at the last presidential election. Immediately
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90 resolution the sufficiency of the petition. For a petition to be sufficient, it must meet the
Mounds View Charter Commission Date: 1/5/2007
• Charter Updates: Chapter 5 Resolution 2007-01a
Revision—DRAFT 20070105 Page 3 of 6
91 requirements set forth in section 5.02 and contain at least the following:
92 • Petitions for Initiative and Referendum require signatures of at least 15 percent of total ballots
93 cast for President in the most recent Presidential election.
94 • Petitions for Recall require signatures of at least 25 percent of total ballots cast for President in
95 the most recent Presidential election.
96 If all requirements have been met, the Clerk-Administrator shall report to the Council within 10
97 calendar days of receipt of the completed petition. The Council shall immediately declare the
98 sufficiency of the petition by resolution.
99
100 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that
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•
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104 particulars,except that, in the case of a petition for recall,the committee may not change the statement
105 of the grounds on which the recall is sought. Within five days of receipt of the corrected petition,the
106 - • : -- - .. , .. .. :-
•
107 - . - . - . , - • . • . . -
108 . . - . _ .- • . - - - _ . - .. - _
109 a new petition for the same purpose,nor shall it prevent the Council from referring the subject matter of
110 -- . • •- . - . - • .- •. - •• - • . If the Clerk-Administrator determines
111 that the petition cannot meet the requirements for sufficiency, a copy of the petition, together with a
112 written statement of its defects, shall be delivered to the sponsoring committee and to the Council
113 within 10 calendar days of receipt of the completed petition. The committee shall have 30 calendar
114 days to file additional signature papers and/or to correct the specified irregularity. Within 9
115 calendar days of receipt of the corrected petition, the Clerk-Administrator shall determine whether
116 the petition as corrected meets the requirements for sufficiency and shall proceed as directed in
117 Section 5.03. If the petition is still insufficient or irregular, the Council shall direct the Clerk-
118 Administrator to file the petition as noted and notify the sponsoring committee within 10 calendar
119 days that no further action will be taken. The Final Finding that the petition is insufficient or
120 irregular shall not prejudice the filing of a new petition for the same purpose unless otherwise
121 specified within this Charter. Except in the case of a petition for recall, it shall not prevent the
122 Council from referring the subject matter of the petition to the voters at the next regular or special
123 election.
124
125 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on a ballot
126 and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled
127 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within 120
128 calendar days of a primary or general election and all of the county election requirements can be
129 met, the measure shall be placed on the ballot at the next regularly scheduled election.
130
131 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a
132 regularly scheduled election, at or before its next regularly scheduled meeting,the Council shall
133 pass a resolution placing the measure on the ballot and calling for a special election to be held
134 within 120 calendar days of said meeting. However, no special elections can be held between a
135 regular primary election and a regular general election or 40 calendar days after a regular general
136 election. In a year with no regular primary election, a special election shall not be held within the
Mounds View Charter Commission Date: 1/5/2007
• Charter Updates: Chapter 5 Resolution 2007-01 a
Revision—DRAFT 20070105 Page 4 of 6
137 60 calendar days preceding the regular general election.
138
139 Section 5.036. Initiative*. Any ordinance may be proposed by a-petition which shall state at the
140 • -.- _. - _- . . .- •- - - - - - - - -•- -• - • . - • •- - • -
141 - - ..- - - - • - -- - _ •- -- •-
142 - - - -- •- - - - .. • : - • --• - - - - - .. .
143 of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails
144 - - . -• . _ - . - - . - - .- .. - _ _- . .. -- . '
145 -. .-, •- _ ...
146 shall be placed on the ballot at the next election occurring in the City. If no election is to occur
147 _ . •- - -. - - - -
148 : -• - - -- - - • ••• - - -- • . f a majority of those voting on the ordinance vote in its
149 favor, it shall become effective thirty days after adoption unless the ordinance specifies a later
150 effective date. (Amended, Ord. 650, 8 16 2000). The exact text of the proposed ordinance must be
151 stated at the head of each page of the petition or attached thereto. The petition shall be filed in the
152 Clerk-Administrator's office prior to circulation and shall be valid for 180 days during which time a
153 completed petition with signatures must be filed. Within 60 calendar days after final determination
154 of the petition's sufficiency under the provisions of Section 5.03 and 5.04 of this Charter, the
155 Council may either hold a First Reading of the ordinance, as defined in Section 3.05 of this charter,
156 and proceed with the normal ordinance adoption process,which does not exclude the referendum
157 process as defined in Section 5.07, or propose an amendment to the petitioned ordinance. If an
158 amendment is proposed by a majority vote of the Council and presented to the petition committee,
159 the petition committee has 14 calendar days from the receipt of the amended proposed ordinance to
160 disapprove the amendment by majority vote, and file a statement with the Clerk-Administrator.
161 Upon filing a statement of disapproval, the proposed ordinance, as stated on the original petition,
162 must be placed on the ballot for a public vote within 120 days of receipt of the statement as
163 provided in Section 5.05 of this Charter. If there is no proposed amendment, or should the petition
164 committee agree to the amendment, the ordinance shall be scheduled for a public hearing pursuant
165 to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favor, it shall
166 become effective 30 calendar days after adoption unless the ordinance specifies a later effective
167 date. If the ballot Council does not approve the ordinance,the Council shall proceed to place the
168 ordinance on the ballot as provided in Section 5.05. If a majority of those voting on the ordinance
169 vote in its favor, it shall become effective thirty days after certification of the election results unless
170 the ordinance specifies a later effective date. If the majority do not vote in favor,the ordinance
171 shall not be enacted and the measure is prohibited from being brought forward again as an initiative
172 within six months of the election certification. If the petition committee does not file a disapproval
173 statement to a proposed amendment, the Council shall hold a First Reading of the amended
174 proposed ordinance and proceed with the normal adoption process, which does not exclude the
175 referendum process as defined in Section 5.07.
176
177 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
178 subjected to a referendum by a petition which shall state at the head of each page, or attached
179 thereto,the exact text of the measure to be considered by the electorate voters. The committee
180 must file the completed petition in the office of the Clerk-Administrator at least 10 calendar days
181 before the effective date of the ordinance. If the petition is found to be sufficient under the
182 provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going
- Mounds View Charter Commission Date: 1/5/2007
• Charter Updates: Chapter 5 Resolution 2007-01a
Revision—DRAFT 20070105 Page 5 of 6
183 into operation, and the subject matter of the petition shall be placed on the ballot at the next election
184 .__. - . - . _- - ' . .__. ' • 120 days after the filing-of the petition, the
•
185 . _. . .-- • - -- . . -- . • - . _ .:, . •_ . • .
186 found to be sufficient. Council must adopt a resolution suspending the effective date of the
187 ordinance until it is decided by a vote of the public, and the Council proposed ordinance shall be
188 placed on the ballot as provided in Section 5.05 of this Charter. If a majority of the-voters favors
189 the ordinance contained in the petition, it shall remain in effect. it shall take effect immediately
190 unless the ordinance specifies a later date. If a majority of the electors voting thereon votes against
191 the ordinance contained in the petition, it shall be considered repealed upon certification of the
192 election results. (Amended, Ord. 651, 8-16-2000) If the petition cannot meet the requirements of
193 sufficiency under the provisions in Section 5.03 of this chapter, the Council must adopt a resolution
194 suspending the effective date of the ordinance for 30 calendar days and the sponsoring committee
195 will have 21 calendar days in which to file additional signature papers and/or to correct the
196 specified irregularity according to Section 5.04. If the Final Finding is that the petition is
197 insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If
198 the corrected petition is declared sufficient according to Section 5.03, the Council must pass a
199 resolution suspending the effective date of the ordinance until it can be decided by a vote of the
200 public and proceed as previously mentioned in this section.
201
202 Section 5.08. Recall. : : . •- - -- - - • - - "- - • - - - . : -
203 the City may be initiated by petition. The voters of the City may request a recall vote of any elected
204 official of the City by petition. The petition shall state at the head of each page, or attached thereto,
205 a certificate stating the name of the officer official whose removal is sought, the grounds for recall,-
206 - - -, constituting malfeasance or misfeasance
207 in office, in not more than 250 words, and the intention of the sponsoring committee to bring about
208 the official's recall. The petition shall be filed in the Clerk-Administrator's office prior to
209 circulation and shall be valid for 180 days during which time a completed petition with signatures
210 must be filed.. - .- ' - - - - -- • • - • - •- -. -
211 Section 5.03 of this chapter, the Clerk Administrator shall transmit it to the Council without delay,
212 . . - • - - - -. .. . - - •--
213 the-pending-action. The Clerk-Administrator shall notify the official sought to be recalled of the
214 petition and proceed as provided in Section 5.03 and 5.04 of this Charter. The Council shall at its
215 next meeting, by resolution, provide for the holding of special recall election within-ninety-days-
216
ithi? nin '216 - •- -- - --• • - - - -_ •:- • :, :— - - _ .. . .. ._
•
217 -- • --• • • . _ - . _ -_ . _. - . - -•
218 _ - ' : . •_ .: .. : -c: • : •c _ •- -
219 grounds for the recall and, also in not more than 500 words,the answer of the officer concerned in
220 justification of their course of office. If the Council is able to declare the petition sufficient, it shall
221 prepare the measure for a ballot and as provided for in Section 5.05 of this charter. Within 14
222 calendar days of the declaration of sufficiency, the elected official named by the petition may
223 provide a response of not more than 500 words. With the published notice of the election, the
224 Clerk-Administrator shall include the statement of the grounds for the recall and the response of the
225 official concerned or a statement indicating no response was received. If a majority of those voting
226 on the recall vote in its favor, it shall become effective immediately upon certification of the
227 election results. If the majority do not vote in favor, the recall has failed and a petition for recall is
228 prohibited from being repeated for that elected official for one year from the date of certification of
• Mounds View Charter Commission Date: 1/5/2007
• Charter Updates: Chapter 5 Resolution 2007-01 a
Revision—DRAFT 20070105 Page 6 of 6
229 the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said
230 vacancy.
231
232 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed
233 as in any way affecting the right of the cicctors voters to propose amendments to this charter.
234
235
236 * Minnesota courts have limited the powers of initiative and referendum to ordinances which
237 are legislative in character. General legislative acts lay down some permanent and uniform rule of
238 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts
239 are the product of investigation, consideration and deliberate human judgment based upon
240 evidentiary facts of some sort.
t