HomeMy WebLinkAbout02-13-2007 Mounds View Charter Commission Minutes ,C a `�
Meeting February 13, 2007 ,/V
o-5 ' `11
• 4 — 44n
1. Call to Order—The meeting came to order at 7:25 pm. Crry V o
Roll Call— Present: J. Thomas, B. Doty, J. Miller, M. Haubrich, B.Thomas , �
Excused: C.Mueller, T. Vang
Absent :
?3. Approval of agenda
Motion by J. Miller, second by B. Dotyyto approve agenda as written
APPROVED
4. Approval of minutes
Motion by B. Doty, second by J. Miller to approve minutes of Jan. 9, 2007 as written
APPROVED
5. Citizens comments from the floor
None
6--d,, Reports of the Chair
None
6. Reports of members
None
7. Unfinished Business
Review of Administrative Offense request from Council with City Staff
• Jim Erickson, Community Development Coordinator, made a presentation regarding the request
for a Charter amendment to specify city authority to certify unpaid and delinquent administrative
offense fines to property taxes. This would involve only property offenses and would be limited
to the certification allowance already defined in City Code.
Commission members asked several questions answered by Mr. Erickson and by Jeremiah
Anderson, City Housing Inspector. Both staff members will do further research on the questions
asked by members and suggested the City Attorney attend the next discussion of this issue.
Discussion of Chapter 5 amendment
Chair presented draft resolution 2007-01 and discussed changes from previous text drafts.
J. Miller asked about line 38, "prohibited by law" language and whether that should be changed.
Also asked about line 73, "verified by oath". Chair will do more research and check with the
attorney on what the accepted phrase in both cases should be.
Members continued discussion clarifying the necessary changes to text and appendices.
Chair passed out copies of the 2006 Summary Letter as it was presented to the Court.
8. New Business
Chair passed on a request from the City Council to change the requirements in the Charter for the
City Newsletter, Section 12.13. They would like to deliver the newsletter 4 times a year instead
of 6 due to the expense of postal delivery.
• 9. Adjournment
Meeting adjourned at 8:45 pm.
City of
CHARTER COMMISSION MEETING
Mounds 7:00 PM Tuesday, Feb 13, 2007
Mounds View City Hall a ,
dI View
-e
/ 11
Charter Commission Preliminary AGENDA
nL
Chair 1. Call to Order IF
Jonathan J Thomas a'
763.784.5205
2. Roll Call
Vice Chair
Bill Doty Jonathan J Thomas 1`Michael Haubrich
763.786.3421 Bill Doty Pi Carol Mueller
2°d Vice Chair ` Jean Miller e-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 Haub rich Approval of Jan 9, 2007 Minutes
651.205.6848
Carol Mueller 4. Citizens comments from the floor
763.780.1251
Ohai W Vang
763.792.1750 5. Reports of the Chair
r> 6Reports of members
7. Unfinished Business
30 min, Review Administrative Offenses issues with City Staff
60 min, Review Chapter 5, resolution number 2007-01.
rf;
8. New Business
of
15 min, Discuss next month's and future agenda items.
9. Adjournment
10. Next Regular Meeting Date - March 13, 2007
411
Crtj o} Resolution No. 2007-01
Mounds View Charter Commission
1Tounds Draft Version Dated February 8, 2007
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 Charter that have caused confusion or seem to be semantically incorrect.
Commission The Mounds View Charter Commission acting under Minnesota Statute 410.12
Subdivision 7, recommends the following amendments by the addition of the bold_
Chair and double underlined language and by the deletion of the l --antn--
Jonathan J Thomas language. The Mounds View Charter Commission requests the City Council adopt
763-784-5205 this resolution by ordinance by the required unanimous vote. We also request a
Vice Chair response within 60 days with recommendations for modifications to any item that the
Bill Doty City Council deems not acceptable as presented.
763-786-3421
2, Vice Chair Charter Commission Objectives:
Jean Miller Response to request made by the City Council to provide both marked up and proposed
763-786-3959 version of the text for Chapter 5 while maintaining original powers and authority granted.
1. Improve and clarify the readers' ability to understand the process, required steps, and
Secretary time line for circulating and submitting a petition to the City for Initiative,
Barbara Thomas Referendum or Recall.
763-780-6226 2. Improve the Chapter's time elapse definitions to calendar days and including
Michael Haubrich appendices charting time allowed for each procedural action.
651.205.6848 3. Chapter 3, Section 3.05, 3.07, and 3.09 clarifications of ordinance process to allow
• time for Referendum petitions.
Carol Mueller 4. Section 5.01 define the term "voter", clarify the use of appendices, and clarify voter
763.780.1251 authority for petitions.
Thai w Yang 5. Section 5.02 defines committee as "Sponsoring Committee", its size and membership
763.792.1750 requirement, petition signer requirement, and city staff responsibilities.
6. Section 5.03 clarifies the process and requirements for petition sufficiency.
7. Section 5.04 clarifies the process for insufficient petitions.
8. Section 5.05 new section to specify and clarify procedure and time allowed for voter
requested ballot issues.
9. Section 5.06 clarify the process for Initiative and process time line.
10. Section 5.07 correct Council and staff procedure and correctly align ordinance
process to voter requested referendum procedure.
11. Section 5.08 clarifies requirements for "Recall", time line for actions of Clerk-
Administrator and Council.
12. Through-out the Chapter change Clerk/Administrator to "Clerk-Administrator" .
13. Section 5.09 (moved from old section 5.06) correct"electors" to "voters" and
reference MN Statutory authority for Charter amendments.
14. Throughout the Chapter clarify Mounds View resident terminology usage so that
references are more consistent rather than having references to "people of Mounds
View", "registered voters", "citizens of Mounds View", and "voters".
Respectfully submitted,
110 Jonathan J Thomas, Chair Barbara Thomas, Secretary
Item No:
Meeting Date: Feb 13, 2007
Type of Business: Discussion
• Administrator Review:
City of Mounds View Staff Report
To: Mounds View Charter Commission
From: James Ericson, Community Development Director
Jeremiah Anderson, Code Enforcement Officer
Item Title/Subject: Discuss Potential City Charter Amendment to Allow for
the Certification of Certain Unpaid Fines and Fees to
Property Taxes
Introduction:
We would like to discuss the possibility of a City Charter amendment which would provide a
mechanism by which unpaid fines and fees associated with property based nuisance code
violations could be certified to one's property taxes. Presently the City has the authority to
certify unpaid assessments, emergency response fines, false alarm fines, abatement costs
and diseased tree removals to the property taxes. Such an amendment would provide City
Staff the ability to be more responsive concerning nuisance code enforcement and be more
flexible in how certain nuisance code violations are processed.
• Discussion:
The process for dealing with problem properties and repeated code violations can be quite
extensive and resolution may not occur for many months if not a year or more. This is
frustrating for staff, but particularly even more frustrating for the neighbors who live next door
to or near the offending party.
For most typical violations, staff makes an attempt to speak personally with the property
owner or resident to let them know about the violation and what would need to be done to
correct the situation. While many of these informal first meetings result in compliance, it is
often the case that a written notice of violation (which simply articulates the nature of the
violation) is sent to the responsible party with a request for correction in a certain period of
time. Some property owners comply with the written notice while others seem to ignore the
notices and remain in violation, much to the understandable displeasure of neighbors who
are subjected to the continued violations.
In the cases where a property owner ignores an order to remedy the noted violations, an
administrative citation (otherwise known as an Administrative Offense, or, AO) may be
issued to the responsible party. An AO is a municipal tag which carries a potentially lesser
fine than a Ramsey County Court Citation. if the responsible party however chooses to not
pay the fine associated with the AO and has not corrected the violation, a Ramsey County
Court Citation is then issued. By this time, perhaps as much as 45 days has passed. The
County Citation is forwarded to the clerk of courts who schedules a hearing before a judge.
• Unfortunately, such hearings are often months into the future and in the meantime, the
violations persist. Factor in the potential for delays, continuances and plea agreements and
judges who believe nuisance codes are a low priority, many more months pass before a final
judgment is rendered, often times with very lenient consequences.
Charter Commission Report
Feb 13, 2007
Page 2
• Request:
What staff seeks is an amendment to the City Charter to provide authority to the City to
certify unpaid administrative offense fines to a homeowner's property taxes after an
opportunity has been provided to the property owner to be heard by the City Council, as is
the case with other certifications.
This is an important amendment as it would provide the City with an ability to begin to cover
its costs for time-consuming code enforcement activity but more importantly would provide a
very real incentive to those who have been cited to correct the violations in a timely manner.
Attached to this report is a draft ordinance prepared by Scott Riggs, the Mounds View City
Attorney, for the Commission's consideration.
If you should have any questions for us prior to the meeting regarding the City's code
enforcement policies or procedures, please do not hesitate to contact me at 763-717-4021 or
Mr. Anderson at 763-7170-4023.
Respectfully submitted,
•
James Ericson
Community Development Director
•
•
ORDINANCE NO.
. CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER
BY ADDING SECTION OF THE CITY CHARTER
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, has hereby determined
that a new Section be added to the City Charter as follows:
Section . Fees and Civil Penalties. The Council may provide by ordinance that
fees, civil penalties, and late payment penalties imposed by the City may be assessed
against (a) property that was the subject matter, or related to the subject matter, of the fees
and penalties, or (b) property that was the location of an activity, proposed use, city
service, or other circumstance that resulted in the fees and penalties. The ordinance must
require the City to attempt to obtain voluntary payment of the fees and penalties before
imposing the assessments. The ordinance must require the City to give notice to the
property owner listed on the official tax records before imposing the assessments and must
provide an opportunity for a hearing before a neutral party, which may be the Council. The
assessments will be collected like special assessments.
SECTION 2. This ordinance shall take effect ninety days after the date of its publication.
Read by the City Council of the City of Mounds View on this day of , 2007.
Read and passed by the City Council of the City of Mounds View on this day of
, 2007.
Rob Marty, Mayor
ATTEST:
Kurt Ulrich, City Clerk-Administrator
(SEAL)
Mounds View Charter Commission Date: 2/8/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-0lb
• Page 1 of 5
1 CHAPTER 3
2
3 COUNCIL PROCEDURE
4
5 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
6 writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of
7 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed
8 in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance, except an
9 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen(14)
10 days shall elapse between its introduction and final adoption. Every ordinance must contain a
11 specified effective date as noted in Section 3.09 of this Charter.
12
13 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council
14 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every
15 ordinance shall be published at least once in the official newspaper no earlier than seven (7) calendar
16 days nor later than fourteen (14) calendar days from the date of passage, either in its complete form
17 preceded by a summary of its contents or as a title and summary.'
18
19 The Ordinance or the Ordinance Title and Summary shall be published in a body type no
20 smaller than brevier or eight(8)point type. A copy of any new ordinance may be obtained from
21 the City at no cost. The entire text of the ordinance shall be posted on the City's web site,if
• 22
23 there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy
shall also be available in the community library, if there is one, or if not, in any other public
24 location which the Council designates.
25
26 In the case of lengthy ordinances, or ordinances that include charts or maps, if the
27 Council determines that publication of the title and a summary of an ordinance would clearly
28 infonn the public of the intent and effect of the ordinance, the Council may by a four-fifths
29 (4/5th)vote of its members, direct that only the title of the ordinance and a summary be
30 published, with notice that a printed copy of the ordinance is available for inspection during
31 regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title
32 and summary,the Council shall approve the text of the summary and determine that it clearly
33 informs the public of the intent and effect of the ordinance, and shall further state that the
34 complete text of the ordinance is on file at the office of the Clerk-Administrator. The
35 publishing of the title and summary shall be deemed to fulfill all legal publication requirements
36 as completely as if the entire ordinance had been published. A copy of the publication shall be
37 attached to and filed with the ordinance for reference. To the extent and in the manner
38 prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state
39 administrative rule or a regulation, a code or ordinance or part thereof without publishing the
40 material referred to in full, so long as the complete reference to the item is included. (Amended,
41 Ord.700, 8-26-2002)
42
43 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency
44 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every
• 1 It is the intent of the Charter Commission that the Council will determine which is less costly.
Mounds View Charter Commission Date: 2/8/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-0 lb
Page 2 of 5
45 other ordinance shall take effect thirty (30) days after its publication or at such later date as it specifies
46 unless challenged by a petition for referendum. In the event of a petition for referendum, the City
47 Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this
48 Charter.
49
50 CHAPTER 5
51 INITIATIVE,REFERENDUM AND RECALL
52
53 Section 5.01. General Voter Authority*. The people of Mounds View,have the right, in
54 accordance with this Charter, to propose ordinances[initiative] and to require that any ordinance be
55 referred to the voters [referendum], except those that appropriate money, levy taxes or deal with
56 administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove
57 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents
58 of the City of Mounds View who first register, or who have registered and are qualified to vote. Per
59 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those
60 who were eligible to or did cast ballots in the previous election. For clarity flow charts and
61 referendum and ballot issue time lines are attached to the end of this charter.
62
63 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a
64 committee of five(5) to ten (10) members who are voters of the City and whose names and
65 addresses must appear on the petition as the Sponsoring Committee. A completed petition consists
• 66 of one or more pages gathered together as a single document. Each separately circulated page shall
67 contain at its head, or attached thereto,the information specified in sections 5.05, 5.07 or 5.08
68 which apply, respectively, to initiative, referendum and recall. The Sponsoring Committee may
69 obtain a sample petition from the City Clerk-Administrator. The Clerk-Administrator shall provide
70 the number of signatures for petition sufficiency which is based on the total number of ballots cast
71 for President in the most recent Presidential election. All petition circulators must be voters of the
72 City. Each separate page of the petition must have appended to it a certificate by the circulator,
73 verified by oath. The certificate shall affirm that each signature was made in the circulator's
74 presence and that the circulator believes them to be the genuine signature of the voter whose name
75 it purports to be and that each signer was presented with the full petition. Each signer of a petition
76 must be a voter of the City and must sign and print their name and give their street address. The
77 completed petition shall be submitted to the Clerk-Administrator for review. Any voter whose
78 name appears on a petition may withdraw their name by filing a statement in writing with the Clerk-
79 Administrator before the Clerk-Administrator advises the Council of the information related to the
80 sufficiency of the petition.
81
82 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must
83 meet the requirements set forth in section 5.02 and contain at least the following:
84 'Petitions for Initiative and Referendum require signatures of at least fifteen(15)percent of total
85 ballots cast for President in the most recent Presidential election.
86 •Petitions for Recall require signatures of at least twenty five(25)percent of total ballots cast for
87 President in the most recent Presidential election.
88 If all requirements have been met, the Clerk-Administrator shall report to the City Council within
89 ten (10) calendar days of receipt of the completed petition. The City shall immediately declare the
• 90 sufficiency of the petition.
Mounds View Charter Commission Date: 2/8/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-0 lb
• Page 3 of 5
91
92 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator
93 determines that the petition cannot meet the requirements for sufficiency, a copy of the petition,
94 together with a written statement of its defects, shall be delivered to the sponsoring committee and
95 to the City Council within ten (10) calendar days of receipt of the completed petition. As specified
96 in this Charter,the sponsoring committee shall have thirty(30) calendar days to file additional
97 signature papers and/or to correct the specified irregularity. Within nine (9) calendar days of
98 receipt of the corrected completed petition, the Clerk-Administrator shall determine whether the
99 petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section
100 5.03. If the petition is still insufficient or irregular, the City Council shall direct the Clerk-
101 Administrator to file the petition as noted and notify the sponsoring committee within ten (10)
102 calendar days that no further action will be taken. The Final Finding that the petition is insufficient
103 or irregular shall not prejudice the filing of a new petition for the same purpose unless otherwise
104 specified within this Charter. Except in the case of a petition for recall, it shall not prevent the
105 Council from referring the subject matter of the petition to the voters at the next regular or special
106 election.
107
108 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on
109 a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled
110 meeting, the City Council shall pass a resolution placing the measure on a ballot. If it is within 120
1 i l calendar days of a primary or general election and all of the county election requirements can be
• 112 met, the measure shall be placed on the ballot at the next regularly scheduled election.
113
114 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a
115 regularly scheduled election, at or before its next regularly scheduled meeting, the City Council
116 shall pass a resolution placing the measure on the ballot and calling for a special election to be held
117 within 120 calendar days of said meeting. However, no special elections can be held between a
118 regular primary election and a regular general election or 40 calendar days after a regular general
119 election. If there is no regular primary election then no special election shall be held within 60
120 calendar days prior to a regular general election.
121
122 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the
123 proposed ordinance must be stated at the head of each page of the petition or attached thereto.
124 Within sixty(60) calendar days after final determination of the petition's sufficiency under the
125 provisions of Section 5.03 and 5.04 of this Charter,the Council must either adopt an ordinance
126 agreed to by the Sponsoring Committee or pass a resolution to place the measure on a ballot. If the
127 Council elects to adopt the ordinance they should hold a first reading of the ordinance, as defined in
128 Section 3.05 of this charter. The Council can then proceed with the normal ordinance adoption
129 process,which does not exclude the referendum process as defined in Section 5.07, or may propose
130 an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote of the
131 Council, it must be presented to the Sponsoring Committee. The Sponsoring Committee shall have
132 fourteen(14) calendar days from the receipt of the amended proposed ordinance to disapprove the
133 amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a
134 statement of disapproval, the Council must either adopt the proposed ordinance, as stated on the
135 original petition, or it must be placed on the ballot. If there is no proposed amendment, or should
• 136 the petition committee agree to the amendment, the ordinance shall be scheduled for a Second
•
Mounds View Charter Commission Date: 2/8/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-0lb
• Page 4 of 5
137 Reading and public hearing. If the ordinance receives a majority vote of the Council in its favor, it
138 shall become effective thirty (30) calendar days after adoption unless the ordinance specifies a later
139 effective date. If the amendment is required to be put on a ballot,the City Council shall proceed as
140 provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in
141 its favor, it shall become effective thirty (30) days after certification of the election results unless
142 the ordinance specifies a later effective date. If the majority does not vote in favor, the ordinance
143 shall not be enacted and the measure is prohibited from being brought forward again as an initiative
144 within six months of the election certification. If the petition committee does not file a disapproval
145 statement to a proposed amendment, the Council shall hold a first reading of the amended proposed
146 ordinance and proceed with the normal adoption process,which does not exclude the referendum
147 process as defined in Section 5.07. If the Council does not approve the ordinance, it must follow
148 the aforementioned balloting process. (Amended,Ord.650,8-16-2000)
149
150 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
151 subjected to a referendum by a petition which shall state at the head of each page, or attached
152 thereto, the exact text of the measure to be considered by the voters. The sponsoring committee
153 must file the completed petition in the office of the Clerk-Administrator at least ten(10) calendar
154 days before the ordinance takes effect. If the petition is found to be sufficient under the provisions
155 of Section 5.03 of this chapter,the City Council must immediately adopt a resolution suspending
156 the effective date of the Ordinance until it is decided by a vote of the public. The Council must also
157 immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this
• 158 Charter. If a majority of the-voters favors the ordinance contained in the petition, it shall take effect
159 immediately unless the ordinance specifies a later date. If a majority votes against the ordinance
160 contained in the petition, it shall be considered repealed upon certification of the election results.
161 (Amended, Ord. 651, 8-16-2000) If the petition cannot meet the requirements of sufficiency under
162 the provisions in Section 5.03 of this chapter,the City Council must adopt a resolution suspending
163 the effective date of the Ordinance for thirty(30) calendar days and the sponsoring committee will
164 have 21 calendar days in which to file additional signature papers and/or to correct the specified
165 irregularity according to Section 5.04. If the Final Finding is that the petition is insufficient, the
166 Ordinance shall take effect on the date declared by the resolution of suspension. If the corrected
167 petition is declared sufficient according to Section 5.03, the City Council must pass a resolution
168 suspending the effective date of the Ordinance until it can be decided by a vote of the public and
169 proceed as previously mentioned in this section.
170
171 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official
172 of the City by petition. The petition shall state at the head of each page, or attached thereto, a
173 certificate stating the name of the official whose removal is sought, the grounds for recall
174 constituting malfeasance or misfeasance in office, in not more than 250 words, and the intention of
175 the sponsoring committee to bring about the official's recall. The petition shall be filed in the
176 Clerk-Administrator's office prior to circulation and shall be valid for 180 days during which time a
177 completed petition with signatures must be filed. The Clerk-Administrator shall notify the official
178 sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this
179 Charter. If the City Council is able to declare the petition sufficient, it shall immediately pass a
180 resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 14
181 calendar days of the declaration of sufficiency, the elected official named by the petition may
41) 182 provide an answer for their course of action in not more than 500 words. The Clerk-Administrator
Mounds View Charter Commission Date: 2/8/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-0 lb
11111 Page 5 of 5
183 shall include with the published notice of the election,the statement of the grounds for the recall
184 and the answer of the official concerned or a statement stating no answer was received. If a
185 majority of those voting on the recall vote in its favor, it shall become effective immediately upon
186 certification of the election results. If the majority does not vote in favor, the recall has failed and a
187 petition for recall is prohibited from being repeated for that elected official for one year from the
188 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein
189 shall apply to fill said vacancy.
190
191 Section 5:09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as
192 in any way affecting the right of the voters to propose amendments to this charter which can be
193 proposed in accordance with MN Statute 410.12,as amended.
194
195
196 * Minnesota courts have limited the powers of initiative and referendum to ordinances which
197 are legislative in character. General legislative acts lay down some permanent and uniform rule of
198 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts
199 are the product of investigation, consideration and deliberate human judgment based upon
200 evidentiary facts of some sort.
•
•
Mounds View Charter Appendix A
Timeline for a ballot issue related to Initiative, Referendum or Recall
• Revision Date 2/8/2007
Election Year Non Election Year
Date of resolution to prepare for a ballot �{ Date of resolution to prepare for a ballot
No
Special
Election
If primary
scheduled
60
days
• Date of regular primary election if scheduled. Max
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
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 -4-1 -► 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 2/8/2007
Form Committee of 5 to 10 Within 180 days of filing Is this the
• members and file a copy of the Obtain at least petition,Deliver All first time petition No
petition with the Clerk- —* 15%of the number of —+ 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
A Yes
Have all
Within 10 calendar days of receiving requirements
completed petition,Clerk-Administrator 4 No been met?
notifies the City Council and Sponsoring 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
City Council immediately declares Council-Sec 5.03 Council-Sec 5.04
sufficiency by resolution and must
either adopt an Ordinance or pass a 4 w
resolution to place the measure on a
ballot within 60 calendar days. File petition as insufficient
Sec 5.03,5.06 and notify Sponsoring
Committee within 10 calendar
days that no further action will
• taken.Sec 5.04
faCity 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
V
Hold First Reading,schedule a Ordinance takes'effect after 330
public hearing pursuant to MN Did City Council Yes calendar days unless a later date is
• pass Ordinance by specified in the Ordinance
Stat.410.12 and any additional majority vote?
requirements. Sec 5.06 Sec 5.06
Sec 5.06
No 4
I
City Council must pass a resolution to place the
measure on a ballot. Sec 5.05,5.06.
Prepare for ballot within 120 days of City Council resolution
to place the measure on a ballot. Sec 5.05.
Did a majority Ordinance fails and
of those voting on the N0 process ends for this petition. •
Ordinance vote in favor Sec 5.06
Sec 5.06
• Yes
Ordinance takes effect 30 calendar e
days after election unless a later date
is specified in the Ordinance. Sec 5.06
I
Mounds View Charter Appendix C - Referendum Process Flow Diagram -Revision Date 2/8/2007
Deliver all required
1111
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. —.o- votes cast for _ 0- 10 calendar days Is being tested for
Charter Section 5.02,5.07President,most prior to Ordinance Sufficiency?
taking effect Sec 5.03
recent election Sec 5.07 Have all
Sec 5.03 Yes requirements No
been met?
Sec 5.03,5.04
Within 30 calendar days the Sponsoring
Committee must submit corrected petition
to Clerk-Administrator. Sec 5.04 Yes
Have all
Within 10 calendar days of receiving requirements
completed petition,Clerk Administrator 4 No been met?
notifies the City Council and Sponsoring 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
y
III File petition as insufficient
and notify Sponsoring Committee
within 10 calendar days that no
City Council must immediately adoptfurther action will taken.Sec 5.04 N
resolution/s declaring the petition Ordinance takes effect as
sufficiency,suspending the Ordinance originally intended.Sec 5.07
and to place the item on a ballot.
Sec 5.07
V
Prepare for ballot within
120 days of City Council passing a
resolution to place the measure on a
ballot. Sec 5.05,5.07
Did a majority Ordinance fails and
of those voting on the No Is considered repealed.
Ordinance vote in favor Sec 5.07
Sec 5.07
Yes
(Ordinance takes effect immediately
III �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 2/8//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
First opportunity for referendum petition submission
' Second Reading/adoption
7-14 days
<=28 days
i -►I Publication of Ordinance
Submit completed referendum petition with
signatures to Clerk-Administrator =30 days
>=10 days
Council either, passes resolution/s for petition
sufficiency, suspending the Ordinance and to place the
• Ordinance on a ballot, or passes a resolution delayingOrdinance takes effect unless challenged
the effective date of the Ordinance 30 days to allow 0. by referendum petition
process completion. Clerk Administrator provides
written report to Sponsoring Committee detailing <=21 days
petition deficiencies.
30 days
Submit completed referendum petition with deficiencies L r
corrected to Clerk-Administrator I_
>=9 days
Council either, passes resolution/s for petition
sufficiency, suspending the Ordinance and to place the f y Ordinance takes effect unless referendum
Ordinance on a ballot, or directs the petition be filed as petition is sufficient
insufficient and the Ordinance takes effect. <=10
days
Clerk-Administrator provides written notice of petition
insufficiency to Sponsoring Committee
If the City Council passed a resolution to place the
Ordinance on a ballot, it must occur within 120 days of •-
the resolution pursuant to Charter Section 5.05
• i
See Appendix A
Mounds View Charter Appendix E - Recall Process Flow Diagram -Revision Date 2/8/2007
• Form Committee of 5 to 10 Within 180 days of Is this the
members and file copy of petition 0,. Obtain at least 25% filing petition,deliver 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
V 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
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 must immediately
pass a resolution declaring 4 w
sufficiency and to place the item
on a ballot. Sec 5.03,5.08
Declare petition terminated
Declare
to insufficiency¬ify
• /// Sponsoring Committee no further
action will taken.Sec 5.04 4
V Additional recall petition may not
The official shall be allowed 14 be filed against the same official
calendar days to provide a response for 1 year
stating a justification for their actions in
not more than 500 words.
Sec 5.08
V
Prepare for ballot within 120 days of City
Council passing a resolution to place the
item on a ballot.
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
IP
(–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 Commission --- Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 1 of 5
• 1 CHAPTER 3
2
3 COUNCIL PROCEDURE
4
5 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
6 writing and read in full before adoption,unless the reading is dispensed with by unanimous consent of
7 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed
8 in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance, except an
9 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen(14)
10 days shall elapse between its introduction and final adoption. Every ordinance must contain a
11 specified effective date as noted in Section 3.09 of this Charter.
12
13 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council
14 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every
15 ordinance shall be published at least once in the official newspaper no earlier than
16 seven(7) calendar days nor later than fourteen(14) calendar days from the date of passage,either in
17 its complete form preceded by a summary of its contents or as a title and summary.'
18
19 The Ordinance or the Ordinance Title and Summary shall be published in a body type no
20 smaller than brevier or eight(8)point type. A copy of any new ordinance may be obtained from
21 the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if
22 there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy
23 shall also be available in the community library, if there is one, or if not, in any other public
• 24 location which the Council designates.
25
26 In the case of lengthy ordinances, or ordinances that include charts or maps, if the
27 Council determines that publication of the title and a summary of an ordinance would clearly
28 inform the public of the intent and effect of the ordinance,the Council may by a four-fifths
29 (4/5th)vote of its members, direct that only the title of the ordinance and a summary be
30 published,with notice that a printed copy of the ordinance is available for inspection during
31 regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title
32 and summary,the Council shall approve the text of the summary and determine that it clearly
33 informs the public of the intent and effect of the ordinance, and shall further state that the
34 complete text of the ordinance is on file at the office of the Clerk-Administrator. The
35 publishing of the title and summary shall be deemed to fulfill all legal publication requirements
36 as completely as if the entire ordinance had been published. A copy of the publication shall be
37 attached to and filed with the ordinance for reference. To the extent and in the manner
38 prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state
39 administrative rule or a regulation, a code or ordinance or part thereof without publishing the
40 material referred to in full, so long as the complete reference to the item is included. (Amended,
41 Ord.700,8-26-2002)
42
43 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency
44 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every
45 other ordinance shall take effect thirty(30) days after its publication or at such later date as it specifies
46 unless challenged by a petition for referendum. In the event of a petition for referendum, the City
•
41 It is the intent of the Charter Commission that the Council will determine which is less costly.
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 2 of 5
• 47 Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this
48 Charter.
49
50 CHAPTER 5
51
52 INITIATIVE, REFERENDUM AND RECALL
53
54 Section 5.01. Powers Reserved by the People.General Voter Authority*. The people of Mounds View,
55 - . • . - .. _. - have the right,in accordance with visions-e this Charter,to initiate and
56 .. . . • . . , ... .. • .. . .• __. . . • - . . . . .
57 , . •- - ..- . .. _ .. . . .. •- _. ,
58 respectively to propose ordinances [initiative] and to require that any ordinance be referred to the
59 voters [referendum], except those that appropriate money, levy taxes or deal with administrative
60 issues (MN Statute 410.20, as amended). The voters also have the right to remove elected public
61 officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of the City of
62 Mounds View who first register, or who have registered and are qualified to vote. Per Minnesota
63 Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those who were
64 eligible to or did cast ballots in the previous election. For clarity flow charts and referendum and
65 ballot issue time lines are attached to the end of this charter.
66
67 Section 5.02. General Provisions f r Petitions. A petition provided for under this chapter shall
68 be sponsored by a committee of five registered(5) to ten (10)members who are voters of the City and
69 whose names and addresses shallmust appear on the petition as the Sponsoring Committee. A
70 completed petition may censistconsists of one or more paper -pages gathered together as a
• 71 single document. Each separately circulated paper page shall contain at its head, or attached thereto,
72 the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively,to initiative,
73 referendum and recall. -. . •_ .• . - . : • •- .•. ,•. _ .- . . _ . •• --
74 eddress:The Sponsoring Committee may obtain a sample petition from the City Clerk-Administrator.
75 The Clerk-Administrator shall provide the number of signatures for petition sufficiency which is
76 based on the total number of ballots cast for President in the most recent Presidential election. All
77 petition circulators must be voters of the City. Each separate page of the petition shallmust have
78 appended to it a certificate by the circulator,verified by oath;. The certificate shall affirm that each
79 signature appended ierete-was made in theifthe circulator's presence and that the circulator believes
80 them to be the genuine signature of the person voter whose name it purports to be. The person making the
81 _ _. . :• . - - -• : -:'• • . and that each signer was presented with the full
82 petition. Each signer of a petition must be a voter of the City and must sign and print their name
83 and give their street address. The completed petition shall be submitted to the Clerk-Administrator
84 for review. Any perseavoter whose name appears on a petition may withdraw their name by filing a
85 statement in writing flied-with the Clerk-Administrator before saidthe Clerk-Administrator advises
86 the Council of the information related to the sufficiency of the petition.
87
88 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed petition
... .- -- . . . . .
90 . - . ... -• , _•• _ ... •.. ._ -- - •: • •-• . - - . •
91 : . . •_ _. . __ :-, .. .. ,. . . -• :: * •:-
93
. .•
•
93 •- . _ . - - -
94 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at
• 95 least the following:
96 • Petitions for Initiative and Referendum require signatures of at least fifteen (15)percent of total
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 3 of 5
• 97 ballots cast for President in the most recent Presidential election.
98 • Petitions for Recall require signatures of at least twenty five (25)percent of total ballots cast
99 for President in the most recent Presidential election.
100 If all requirements have been met, the Clerk-Administrator shall report to the City Council within
101 ten (10) calendar days of receipt of the completed petition. The City shall immediately declare the
102 sufficiency of the petition.
103
104 Section 5.04. Disposition of Insufficient or Irregular Petition ...
106 _ - .. _ .. • _. ..
107 signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the
108 committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the
109 corrected petition, the Clerk Administrator shall again report to the Council. If the Council finds that the petition is still
112 _ -- ... _' . .._ - .. _ . • . • . . . _ _113 If the Clerk-Administrator determines that the petition cannot meet the requirements for sufficiency,
114 a copy of the petition, together with a written statement of its defects, shall be delivered to the
115 sponsoring committee and to the City Council within ten (10) calendar days of receipt of the
116 completed petition. As specified in this Charter, the sponsoring committee shall have thirty (30)
117 calendar days to file additional signature papers and/or to correct the specified irregularity. Within
118 nine (9) calendar days of receipt of the corrected completed petition, the Clerk-Administrator shall
119 determine whether the petition as corrected meets the requirements for sufficiency and shall
120 proceed as directed in Section 5.03. If the petition is still insufficient or irregular, the City Council
121 shall direct the Clerk-Administrator to file the petition as noted and notify the sponsoring
• 122 committee within ten (10) calendar days that no further action will be taken. The Final Finding that
123 the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same
124 purpose unless otherwise specified within this Charter. Except in the case of a petition for recall,it
125 shall not prevent the Council from referring the subject matter of the petition to the voters at the
126 next regular or special election.
127
128 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on
129 a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled
130 meeting, the City Council shall pass a resolution placing the measure on a ballot. If it is within 120
131 calendar days of a primary or general election and all of the county election requirements can be
132 met, the measure shall be placed on the ballot at the next regularly scheduled election.
133
134 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a
135 regularly scheduled election, at or before its next regularly scheduled meeting,the City Council
136 shall pass a resolution placing the measure on the ballot and calling for a special election to be held
137 within 120 calendar days of said meeting. However, no special elections can be held between a
138 regular primary election and a regular general election or 40 calendar days after a regular general
139 election. If there is no regular primary election then no special election shall be held within 60
140 calendar days prior to a regular general election.
141
142
143 Section 5.056. Initiative*. Any ordinance may be proposed by a-petition. which shall state at
144 the head of each page or attached thereto the exact text of the proposed ordinance The exact text of the
145 proposed ordinance must be stated at the head of each page of the petition or attached thereto. If the
146 • • - -
147 do not disapprove the amended form by a statement filed with the Clerk Administrator within ten days
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 4 of 5
•
148 of its passage by the Council,the ordinance need not be submitted to the voters. If the Council fails to
149 enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days
150 after the final determination of sufficiency of the petition,the ordinance as originally proposed shall be
151 . ._ .. - - -- - ---. - _ . - - - - . . . ! ..
152 after the filing of the petition, the Council shall call a special election on the ordinance to be held within
153 such period. If a majority of those voting on the ordinance vote in its favor,it shall become effective
154 thirty days after adoption unless the ordinance specifies a later effective date. (Amended,Ord. 650, 8
155 16 2000) Within sixty(60)calendar days after final determination of the petition's sufficiency
156 under the provisions of Section 5.03 and 5.04 of this Charter, the Council must either adopt an
157 ordinance agreed to by the Sponsoring Committee or pass a resolution to place the measure on a
158 ballot. If the Council elects to adopt the ordinance they should hold a first reading of the ordinance,
159 as defined in Section 3.05 of this charter. The Council can then proceed with the normal ordinance
160 adoption process,which does not exclude the referendum process as defined in Section 5.07, or may
161 propose an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote
162 of the Council, it must be presented to the Sponsoring Committee. The Sponsoring Committee shall
163 have fourteen (14) calendar days from the receipt of the amended proposed ordinance to disapprove
164 the amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a
165 statement of disapproval, the Council must either adopt the proposed ordinance, as stated on the
166 original petition,or it must be placed on the ballot. If there is no proposed amendment, or should
167 the petition committee agree to the amendment,the ordinance shall be scheduled for a Second
168 Reading and public hearing. If the ordinance receives a majority vote of the Council in its favor, it
169 shall become effective thirty(30) calendar days after adoption unless the ordinance specifies a later
170 effective date. If the amendment is required to be put on a ballot, the City Council shall proceed as
• 171 provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in
172 its favor, it shall become effective thirty(30) days after certification of the election results unless
173 the ordinance specifies a later effective date. If the majority does not vote in favor,the ordinance
174 shall not be enacted and the measure is prohibited from being brought forward again as an initiative
175 within six months of the election certification. If the petition committee does not file a disapproval
176 statement to a proposed amendment, the Council shall hold a first reading of the amended proposed
177 ordinance and proceed with the normal adoption process,which does not exclude the referendum
178 process as defined in Section 5.07. If the Council does not approve the ordinance, it must follow
179 the aforementioned balloting process. (Amended,Ord. 650, 8-16-2000)
180
181 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
182 subjected to a referendum by a petition which shall state at the head of each page, or attached
183 thereto, the exact text of the measure to be considered by the electorate voters. The sponsoring
184 committee must file the completed petition in the office of the Clerk-Administrator at least ten (10)
185 calendar days before the ordinance takes effect. If the petition is found to be sufficient under the
186 provisions of Section 5.03 of this chapter, _ . . . . _• . -- •. _ . - - _ • . •_ •• . ... .
189 providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance
190 _ .. -. . ._ .•, ' _ . .. - - . - _ .. _ . . . .• . -
191 contained in the petition,it shall be considered repealed upon certification of the election results the City Council must
192 immediately adopt a resolution suspending the effective date of the Ordinance until it is decided by
193 a vote of the public. The Council must also immediately pass a resolution to place the measure on a
194 ballot as provided in Section 5.05 of this Charter. If a majority of the-voters favors the ordinance
• 195 contained in the petition, it shall take effect immediately unless the ordinance specifies a later date.
196 If a majority votes against the ordinance contained in the petition, it shall be considered repealed
197 upon certification of the election results. If the petition cannot meet the requirements of sufficiency
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-0 lb Draft Markup format-Chapter 5 Page 5 of 5
198 under the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution
• 199 suspending the effective date of the Ordinance for thirty (30) calendar days and the sponsoring
200 committee will have 21 calendar days in which to file additional signature papers and/or to correct
201 the specified irregularity according to Section 5.04. If the Final Finding is that the petition is
202 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. If
203 the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a
204 resolution suspending the effective date of the Ordinance until it can be decided by a vote of the
205 public and proceed as previously mentioned in this section. (Amended,Ord. 651, 8-16-2000)
206
207 Section 5.08. Recall. ._ . . •- _ - . . • . -- _. . . . :_ .. • -
208 ween-The voters of the City may request a recall vote of any elected official of the City
209 by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating
210 the name of the Wil-officer whose removal is sought, the grounds for recall, cons which
211 shall be malfeasance; or misfeasance er nen€ensanse-in office, in not more than 250 words, and the
212 intention of the sponsoring committee to bring about the official's recall. The petition shall be
213 filed in the Clerk-Administrator's office prior to circulation.- and shall be valid for 180 days during
214 which time a completed petition with signatures must be filed. . - . . . . .. . • .. .
216 -. . , . . . ._ . •- - . . _ ..-• . .. . . . -
217 Y.. .
219 _ . . . . _ . . - _ - ._ . .. . Y . •- . , _ __..
220 ... _- •. - . - .• , _ . • .. . . - •. • . !! .
221 - : _. - - . •• -• - - . :_ .The Clerk-Administrator shall notify the official
222 sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this
223 Charter. If the City Council is able to declare the petition sufficient, it shall immediately pass a
224 resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 14
225 calendar days of the declaration of sufficiency, the elected official named by the petition may
226 provide an answer for their course of action in not more than 500 words. The Clerk-Administrator
227 shall include with the published notice of the election, the statement of the grounds for the recall
228 and the answer of the official concerned or a statement stating no answer was received. If a
229 majority of those voting on the recall vote in its favor, it shall become effective immediately upon
230 certification of the election results. If the majority does not vote in favor, the recall has failed and a
231 petition for recall is prohibited from being repeated for that elected official for one year from the
232 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein
233 shall apply to fill said vacancy.
234
235 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed
236 as in any way affecting the right of the elector:,voters to propose amendments to this charter which
237 can be proposed in accordance with MN Statute 410.12, as amended.
238
239
240 * Minnesota courts have limited the powers of initiative and referendum to ordinances which
241 are legislative in character. General legislative acts lay down some permanent and uniform rule of
242 law,administrative acts relate to daily administration of municipal affairs, and quasi judicial acts
243 are the product of investigation, consideration and deliberate human judgment based upon
244 evidentiary facts of some sort.
•