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HomeMy WebLinkAbout03-13-2007 � v Mounds View Charter Commission Minutes \\\YC\' • Meeting: March 13, 2007 t 1. Call to Order—The meeting came to order at: 7:11 pm Id / 1, AD Roll Call— Present: J. Thomas, J. Miller,M. Haubrich, B.Thomas Excused: C. Mueller,B. Doty Absent : T. Vang 2. Approval of agenda Motion by J. Miller, second by M.Haubrich to approve agenda as written MOTION APPROVED 3. Approval of minutes Motion by M. Haubrich, second by J. Miller to approve minutes of Feb. 13,2007 as written MOTION APPROVED 4. Citizens comments from the floor William Werner, Sr. spoke to the Commission about city street improvement plans. He wondered if we should look at the Chapter 8 petition process like we did for Chapter 5. Chair responded that yes, that request has been made to the Commission from others as well but changing the petition provisions won't solve an immediate problem. However,the Chair pointed out that few people seem to realize that while it may seem too easy to stop a project because it has now happened to two in a row, it's actually a higher threshold than the one 41111 required for residents to actually initiate a project. There will need to be some attempt to clarify the role that the public can fill as well as addressing any language in the Charter. 5. Reports of the Chair Chair presented a response from the City Attorney regarding the language"verified by oath" in Chapter 5 that has been under discussion. Chair suggested the wording"attested to". Chair also announced that the Charter Commission will have a table available for residents at the Town Hall Meeting on April 14th at the Community Center. Any of the members are welcome to attend to greet the public and answer any questions. 6. Reports of members M. Haubrich made an appeal to any public who are watching the meetings to get involved with the Charter Commission as a way to understand our community in a better way. J. Miller reiterated that the Town Hall meeting is an excellent opportunity and everyone who can attend, should. 7. Unfinished Business Chair presented the final draft of Resolution 2007-01. He pointed out that one correction on our draft is actually not an amendment—just a correction of a typo that has been included in the most recent revision of the Charter itself. • B. Thomas suggested that the language the Chair had suggested for line 78, "attested to" is not actually any clearer than"verified by oath" and the language"signed and dated"was agreed to. Mounds View Charter Commission Minutes 411 Meeting: March 13, 2007 B. Thomas moved approval of Resolution 2007-01 as amended, M. Haubrich seconded. MOTION APPROVED M. Haubrich moved that final version be signed and delivered to city staff, J. Miller seconded. MOTION APPROVED 8. New Business Chair began a discussion of priorities for future Commission agendas: • Chapter 8 has issues that have been requested to be addressed • Language clarification for Charter membership and conflict of interest issues. Chair would like to work with the City Council to not only clarify the misconception regarding conflict of interest but to maybe go even further to require either a councilmember as an active commissioner or at minimum have one assigned as a liaison to attend all Charter meetings as a non-voting participant. B. Thomas expressed some caution about wording the requirement for membership so that we maintain a voluntary status for any joint membership simply because of the massive time commitment involved. A request and/or language for the liaison would be best in her opinion. • M. Haubrich asked about the status of the Administrative Offense issue that had been presented at the previous meeting. Chair responded that it's in process but it may take a • couple of months or longer to get many of the questions answered. • J. Miller reminded the commission of the outstanding request regarding the newsletter. Chair proposed that a full list of all previously discussed items will be available at the next meeting for the body to prioritize. B. Thomas requested that the list be sent out in advance of the meeting so that all members could have a chance to set their personal priorities for discussion. She also inquired if there are any outstanding resolutions waiting for Council action or Codification. Chair responded that everything outstanding has been completed except for the amendment to Chapter 7 that just took effect on March 1St 9. Adjournment Meeting adjourned at 8:12 pm. • City of CHARTER COMMISSION MEETING 0 Mounds 7:00 PM Tuesday, Mar 13, 2007 , , View Mounds View City Hall ,1 Preliminary AGENDA i' ( I' Charter Commission /+, )), Chair 1. Call to Order / °J Jonathan J Thomas r 763.784.5205 , 2. Roll Call Vice Chair Bill Doty Jonathan J Thomas Michael Haubrich 763.786.3421 4Bill Doty e._Carol Mueller 2°d Vice Chair _Jean Miller a.,Thai W Vang Jean Miller X Barbara Thomas _ 763.786.3959 _ Secretary 4. 3. Approval of agenda and minutes Barbara Thomas 763.780.6226 s Review and approve agenda Michael Haubrich Approval of Feb 13, 2007 Minutes 651.205.6848 Carol Mueller 4. Citizens comments from the floor 763.780.1251 hai W Vang 763.792.1750 5. Reports of the Chair 6. Reports of members 7. Unfinished Business 60 min, Review Chapter 5, resolution number 2007-01. 1 15 min, Discus open issues for what priorities we want to develop. 8. New Business 15 min, Discuss next month's and future agenda items. 19. Adjournment 10. Next Regular Meeting Date - April 10, 2007 • E \,7 x, 4,.., cnLi.4 CITY OF MOUNDS VIEW COUNTY OF RAMSEY 5(`' STATE OF MINNESOTA DATE: .__ 5 -0 1 Sign-In Sheet PRINT NAME ADDRESS SIGNATURE �� 1 LL ( NS A 1,U aN;R L7 6s' h ei L./0z,.4 t�4 ' 1,r L..Js- �- cox Resolution No. 2007-01 city of Mounds View Charter Commission r p', Wounds Draft Version Dated March 13, 2007, ' 3' 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 Jonathan J Thomas �e 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 2nd 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. rol Mueller 4. Section 5.01 define the term"voter", clarify the use of appendices, and clarify voter 63.780.1251 authority for petitions. Thai W Vang 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, • Jonathan J Thomas, Chair Barbara Thomas, Secretary Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 1 of 5 t 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 intrcxiuction raid 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 I Publication o1'Orduianees, 1 very 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 eight (78) 16 calendar days nor later than fourteenrseventeen (4-417)calendar days from the date of passage,either 17 in its complete form preceded by a summary of its contents or as a title and summary.' 18 t9 The Ordinance or the Ordinance Title and Summary shall he 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 he identifiable by subject matter or ordinance number, A copy 23 shall also he 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, diiree 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 Aloe of lime ('Jerk-Administrator, Prior to the publication of the title 32 and summa,.y, the Council shall approve the text o1'the summary and determine that it clearly 33 informs the public of the intent and affea of the ordinance, and shall further slate that tine 34 complete text of the ordinance is on file at the office of the(`tcrl.-A rninistrater. 'fire• 35 publishing of the title and summary shall be deemed to fulfill all legal publication requirements 36 a.;completely as if the entire ordinance had been published. A copy of the publication shall he 37 attached to and filed with the ordinance for reference, 't'o the extent.and :. , runes provided 38 by law an ordinance may incorporate by reference a statute of Minncsui, ,.ilminisirativ-e. 39 rule or a regulation, a code or ordinance or purl thereof without publishing the material referred 40 it) in 1111l, ';e) long as ifie complete ivI4;rrc_e to the item is included, (Amended,Ord. 700, 8-26.2002) 41 42 tie(lion :3.0e). .When Ordinances and licsolrriiorrs 'I'ake atees. I>\•erp re oirric•.inm rpc;nev 43 ordinance shall lake effect immediately upon its adoption or at such later date as it specifies. Every 44 other ordinance shall lake effect thirtty ('ii)) days alter its publication or at such later date as it specifies I it is tlu, i Commission that the Council will determine which is less costly. Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 2 of 5 45 unless challenged by a petition for referendum. In the event of a petition for referendum, the City 46 Council must suspend the effective date of the O ordinance as specified in Section 5.07 of 47 this Charter. 48 49 CHAPTER 5 50 INITIATIVE,REFERENDUM AND RECALL 51 52 Section 5.01. General Voter Authority`. The people of Mounds View,have the right, in 53 accordance with this Charter,to propose ordinances jinitiative] and to require that any ordinance be 54 referred to the voters [referendum],except those that appropriate money, levy taxes or deal with 55 administrative issues(MN Statute 410.20, as amended). The voters also have the right to remove 56 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents 57 of the City of Mounds View who first register,or who have registered and are qualified to vote. Per 58 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 59 who were eligible to or did cast ballots in the previous election. For clarity flow charts and 6o referendum and ballot issue time lines are attached to the end of this charter. 61 62 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a 63 committee of five(5) to ten (10) members who are voters of the City and whose names and 64 addresses must appear on the petition as the Sponsoring Committee. A completed petition consists 65 of one or more pages gathered together as a single document. Each separately circulated page shall 66 contain at its head, or attached thereto,the information specified in sections 5.05, 5.07 or 5.08 67 which apply, respectively, to initiative, referendum and recall. The Sponsoring Committee may 68 obtain a sample petition from the City Clerk-Administrator. The Clerk-Administrator shall provide 69 the number of signatures for petition sufficiency which is based on the total number of ballots cast 70 for President in the most recent Presidential election. All petition circulators must be voters of the 71 City. Each separate page of the petition must have appended to it a certificate signed and dated by 72 the circulator. The certificate shall affirm that each signature was made in the circulator's presence 73 and that the circulator believes them to be the genuine signature of the voter whose name it purports 74 to be and that each signer was presented with the full petition. Each signer of a petition must be a 75 voter of the City and must sign and print their name and give their street address. The completed 76 petition shall be submitted to the Clerk-Administrator for review. Any voter whose name appears 77 on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator 78 before the Clerk-Administrator advises the Council of the information related to the sufficiency of 79 the petition. 80 81 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must 82 meet the requirements set forth in section 5.02 and contain at least the following: 83 •Petitions for Initiative and Referendum require signatures of at least fifteen(15)percent of total the 84 ballots cast for President in the most recent Presidential election. 85 •Petitions for Recall require signatures of at least twenty five(25)percent of the total ballots cast 86 for President in the most recent Presidential election. 87 If all requirements have been met,the Clerk-Administrator shall report to the City Council within 88 ten(10)calendar days of receipt of the completed petition. Thereafter,the City shall immediately 89 declare the sufficiency of the petition. 90 1 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 3 of 5 91 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator 92 determines that the petition cannot meet the requirements for sufficiency, a copy of the petition, 93 together with a written statement of its defects, shall be delivered to the _ 94 Sponsoring Committee and to the City Council within ten(10)calendar days of receipt of the 95 completed petition. As specified in this Charter,the Sponsoring Committee 96 shall have thirty(30)calendar days to file additional signature papers and/or to correct the specified 97 irregularity. Within nine(9)calendar days of receipt of the corrected completed petition,the Clerk- 98 Administrator shall determine whether the petition as corrected meets the requirements for 99 sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient or 100 irregular,the City Council shall direct the Clerk-Administrator to file the petition as noted and 101 notify the sponsoring committee within ten (10)calendar days that no further action will be taken. 102 The Final Finding final finding that the petition is insufficient or irregular shall not prejudice the 103 filing of a new petition for the same purpose unless otherwise specified within this Charter. Except 104 in the case of a petition for recall,it shall not prevent the Council from referring the subject matter 105 of the petition to the voters at the next regular or special election. 106 107 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on 108 a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 109 meeting,the City Council shall pass a resolution placing the measure on a ballot. If it is within 120 110 calendar days of a primary or general election and all of the county election requirements can be 111 met,the measure shall be placed on the ballot at the next regularly scheduled election. 112 113 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a 114 regularly scheduled election, at or before its next regularly scheduled meeting,the City Council 115 shall pass a resolution placing the measure on the ballot and calling for a special election to be held 116 within 120 calendar days of said meeting. However,no special elections can be held between a 117 regular primary election and a regular general election or 40 calendar days after a regular general 118 election. if there is no regular primary election then no special election shall be held within 60 119 calendar days prior to a regular general election. 120 121 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the 122 proposed ordinance must be stated at the head of each page of the petition or attached thereto. 123 Within sixty (60)calendar days after final determination of the petition's sufficiency under the 124 provisions of Section 5.03 and 5.04 of this Charter,the Council must either adopt an ordinance 125 agreed to by the Sponsoring Committee or pass a resolution to place the measure on a ballot. If the 126 Council elects to adopt the ordinance they should hold a first reading of the ordinance, as defined in 127 Section 3.05 of this charter. The Council can then proceed with the normal ordinance adoption 128 process,which does not exclude the referendum process as defined in Section 5.07, or may propose 129 an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote of the 130 Council, it must be presented to the Sponsoring Committee. The Sponsoring Committee shall have 131 fourteen (14)calendar days from the receipt of the amended proposed ordinance to disapprove the 132 amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a 133 statement of disapproval, the Council must either adopt the proposed ordinance, as stated on the 134 original petition, or it must be placed on the ballot. If there is no proposed amendment,or should 135 the petition committee agree to the amendment,the ordinance shall be scheduled for a Second- 136 eco136 Wig-second reading and public hearing. If the ordinance receives a majority vote of the Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 4 of 5 137 Council in its favor, it shall become effective thirty (30)calendar days after adoption unless the 138 ordinance specifies a later effective date. If the amendment is required to be put on a ballot,the City 139 Council shall proceed as provided for in Section 5.05 of this Charter. If a majority of those voting 140 on the ordinance vote in its favor, it shall become effective thirty(30)days after certification of the 141 election results unless the ordinance specifies a later effective date. If the majority does not vote in 142 favor, the ordinance shall not be enacted and the measure is prohibited from being brought forward 143 again as an initiative within six months of the election certification. If the petition committee does 144 not file a disapproval statement to a proposed amendment,the Council shall hold a first reading of 145 the amended proposed ordinance and proceed with the normal adoption process,which does not 146 exclude the referendum process as defined in Section 5.07. If the Council does not approve the 147 ordinance, it must follow the aforementioned balloting process. (Amended,Ord.650,8-16-2000) 148 149 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 150 subjected to a referendum by a petition which shall state at the head of each page, or attached 151 thereto,the exact text of the measure to be considered by the voters. The :. _ • ••••152 Sponsoring Committee must file the completed petition in the office of the Clerk-Administrator at 153 least ten(10)calendar days before the ordinance takes effect.If the petition is found to be sufficient 154 under the provisions of Section 5.03 of this chapter,the City Council must immediately adopt a 155 resolution suspending the effective date of the Ordinance ordinance until it is decided by a vote of 156 the public. The Council must also immediately pass a resolution to place the measure on a ballot as 157 provided in Section 5.05 of this Charter. If a majority of the-voters favors the ordinance contained 158 in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a 159 majority votes against the ordinance contained in the petition, it shall be considered repealed upon 160 certification of the election results. (Amended, Ord. 651, 8-16-2000) If the petition cannot meet the 161 requirements of sufficiency under the provisions in Section 5.03 of this chapter,the City Council 162 must adopt a resolution suspending the effective date of the Ordinance ordinance for thirty (30) 163 calendar days and the sponsoring committee will have 21 calendar days in which to file additional 164 signature papers and/or to correct the specified irregularity according to Section 5.04. If the Final- 165 Finding final finding is that the petition is insufficient,the Ordinance shall take effect on the date 166 declared by the resolution of suspension. If the corrected petition is declared sufficient according to 167 Section 5.03,the City Council must pass a resolution suspending the effective date of the Ordinance 168 ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this 169 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 182 provide an answer for their-the elected officials' course of action in not more than 500 words. The Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01 d Page 5 of 5 183 Clerk-Administrator shall include with the published notice of the election,the statement of the 184 grounds for the recall and the answer of the official concerned or a statement stating no answer was 185 received. If a majority of those voting on the recall vote in its favor, it shall become effective 186 immediately upon certification of the election results. If the majority does not vote in favor,the 187 recall has failed and a petition for recall is prohibited from being repeated for that elected official 188 for one year from the date of certification of the election. If a vacancy occurs due to recall election, 189 Section 4.05 herein 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 Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 1 of Error! Bookmark not defined. 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 7 consent of the Council. No ordinance shall contain more than one subject. Such subject shall be 8 clearly expressed in its title. The enacting clause shall be "The City of Mounds View ordains". 9 No ordinance, except an emergency ordinance shall be adopted at the meeting at which it is 10 introduced and at least fourteen (14) days shall elapse between its introduction and final 11 adoption. Every ordinance must contain a specified effective date as noted in Section 3.09 of 12 this Charter. 13 —14 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the 15 Council shall be signed by the Mayor, and attested to, filed and preserved by the 16 Clerk-Administrator. Every ordinance shall be published at least once in the official newspaper 17 no earlier than seven (7) calendar days nor later than fourteen (11) calc-:. :. . . - -. - 18 passage, but thereafter as soon as practicable, either in its complete form preceded by a 19 summary of its contents or as a title and summary.' 20 21 The Ordinance or the Ordinance Title and Summary shall be published in a body type no 22 smaller than brevier or eight (8) point type. A copy of any new ordinance may be obtained from 23 the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if 24 there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy 25 shall also be available in the community library, if there is one, or if not, in any other public 26 location which the Council designates. 27 28 In the case of lengthy ordinances, or ordinances that include charts or maps, if the 29 Council determines that publication of the title and a summary of an ordinance would clearly 30 inform the public of the intent and effect of the ordinance, the Council may by a four-fifths (4/5th) 31 vote of its members, direct that only the title of the ordinance and a summary be published, with 32 notice that a printed copy of the ordinance is available for inspection during regular office hours 33 at the office of the Clerk-Administrator. Prior to the publication of the title and summary, the 34 Council shall approve the text of the summary and determine that it clearly informs the public of 35 the intent and effect of the ordinance, and shall further state that the complete text of the 36 ordinance is on file at the office of the Clerk-Administrator. The publishing of the title and 37 summary shall be deemed to fulfill all legal publication requirements as completely as if the 38 entire ordinance had been published. A copy of the publication shall be attached to and filed 39 with the ordinance for reference. To the extent and in the manner provided by law an ordinance 40 may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a 41 code or ordinance or part thereof without publishing the material referred to in full, so long as 42 the complete reference to the item is included. (Amended,Ord. 700, 8-26-2002) It is the intent of the Charter Commission that the Council will determine which is less costly. 310483v2 SJR MU210-4 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 2 of Error! Bookmark not defined. 43 44 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and 45 emergency ordinance shall take effect immediately upon its adoption or at such later date as it 46 specifies. Every other ordinance shall take effect thirty (30) days after its publication or at such 47 later date as it specifies unless challenged by a petition for referendum. In the event of a petition 48 for referendum, the City Council must suspend the effective date of the 9rdinance as specified in 49 Section 5.07 of this Charter. 50 51 CHAPTER 5 52 INITIATIVE,REFERENDUM AND RECALL 53 54 Section 5.01. General Voter Authority*. The people of Mounds View, have the right, in 55 accordance with this Charter, to propose ordinances [initiative] and to require that any ordinance 56 be referred to the voters [referendum], except those that appropriate money, levy taxes or deal 57 with administrative issues (MN Statute 410.20, as amended). The voters also have the right to 58 remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only 59 to residents of the City of Mounds View who first register, or who have registered and are 60 qualified to vote. Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is 61 not restricted to only those who were eligible to or did cast ballots in the previous election. For 62 clarity flow charts and referendum and ballot issue time lines are attached to the end of this 63 charter. 64 65 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by 66 a committee of five (5) to ten (10) members who are voters of the City and whose names and 67 addresses must appear on the petition as the Sponsoring Committee. A completed petition 68 consists of one or more pages gathered together as a single document. Each separately circulated 69 page shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 70 or 5.08 which apply, respectively, to initiative, referendum and recall. The Sponsoring 71 Committee may obtain a sample petition from the City Clerk-Administrator. The Clerk- 72 Administrator shall provide the number of signatures for petition sufficiency which is based on 73 the total number of ballots cast for President in the most recent Presidential election. All petition 74 circulators must be voters of the City. Each separate page of the petition must have appended to 75 it a certificate signed and dated by the circulator. The certificate shall affirm that each signature 76 was made in the circulator's presence and that the circulator believes them to be the genuine 77 signature of the voter whose name it purports to be and that each signer was presented with the 78 full petition. Each signer of a petition must be a voter of the City and must sign and print their 79 name and give their street address. The completed petition shall be submitted to the Clerk- 80 Administrator for review. Any voter whose name appears on a petition may withdraw their 81 name by filing a statement in writing with the Clerk-Administrator before the Clerk- 82 Administrator advises the Council of the information related to the sufficiency of the petition. 83 84 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it 85 must meet the requirements set forth in section 5.02 and contain at least the following: 86 310483v2 SJR MU210-4 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 3 of Error! Bookmark not defined. 87 • Petitions for Initiative and Referendum require signatures of at least fifteen (15) percent 88 of the total ballots cast for President in the most recent Presidential election. 89 90 • Petitions for Recall require signatures of at least twenty five (25) percent of the total 91 ballots cast for President in the most recent Presidential election. 92 93 If all requirements have been met, the Clerk-Administrator shall report to the City Council 94 within ten (10) calendar days of receipt of the completed petition. TheThereafter, the City shall 95 immediately declare the sufficiency of the petition. 96 97 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk- 98 Administrator deteiiiiines that the petition cannot meet the requirements for sufficiency, a copy 99 of the petition, together with a written statement of its defects, shall be delivered to the 100 Sponsoring committee and to the City Council within ten (10) calendar days of receipt of the 101 completed petition. As specified in this Charter, the sponsoring committccSponsoring 102 Committee shall have thirty (30) calendar days to file additional signature papers and/or to 103 correct the specified irregularity. Within nine (9) calendar days of receipt of the corrected 104 completed petition, the Clerk-Administrator shall determine whether the petition as corrected 105 meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the 106 petition is still insufficient or irregular, the City Council shall direct the Clerk-Administrator to 107 file the petition as noted and notify the sponsoring committee within ten (10) calendar days that 108 no further action will be taken. The Fina F'indingfinal finding that the petition is insufficient or 109 irregular shall not prejudice the filing of a new petition for the same purpose unless otherwise 110 specified within this Charter. Except in the case of a petition for recall, it shall not prevent the 111 Council from referring the subject matter of the petition to the voters at the next regular or 112 special election. 113 114 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put 115 on a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly 116 scheduled meeting, the City Council shall pass a resolution placing the measure on a ballot. If it 117 is within 120 calendar days of a primary or general election and all of the county election 118 requirements can be met, the measure shall be placed on the ballot at the next regularly 119 scheduled election. 120 121 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a 122 regularly scheduled election, at or before its next regularly scheduled meeting, the City Council 123 shall pass a resolution placing the measure on the ballot and calling for a special election to be 124 held within 120 calendar days of said meeting. However, no special elections can be held 125 between a regular primary election and a regular general election or 40 calendar days after a 126 regular general election. If there is no regular primary election then no special election shall be 127 held within 60 calendar days prior to a regular general election. 128 129 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of 130 the proposed ordinance must be stated at the head of each page of the petition or attached 131 thereto. Within sixty (60) calendar days after final determination of the petition's sufficiency 310483v2 SJR MU210-4 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 4 of Error! Bookmark not defined. 132 under the provisions of Section 5.03 and 5.04 of this Charter, the Council must either adopt an 133 ordinance agreed to by the Sponsoring Committee or pass a resolution to place the measure on a 134 ballot. If the Council elects to adopt the ordinance they should hold a first reading of the 135 ordinance, as defined in Section 3.05 of this charter. The Council can then proceed with the 136 normal ordinance adoption process, which does not exclude the referendum process as defined in 137 Section 5.07, or may propose an amendment to the petitioned ordinance. If an amendment is 138 proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee. 139 The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the 140 amended proposed ordinance to disapprove the amendment by majority vote, and file a statement 141 with the Clerk-Administrator. Upon filing a statement of disapproval, the Council must either 142 adopt the proposed ordinance, as stated on the original petition, or it must be placed on the 143 ballot. If there is no proposed amendment, or should the petition committee agree to the 144 amendment, the ordinance shall be scheduled for a Second peadi gsecond reading and public 145 hearing. If the ordinance receives a majority vote of the Council in its favor, it shall become 146 effective thirty (30) calendar days after adoption unless the ordinance specifies a later effective 147 date. If the amendment is required to be put on a ballot, the City Council shall proceed as 148 provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote 149 in its favor, it shall become effective thirty (30) days after certification of the election results 150 unless the ordinance specifies a later effective date. If the majority does not vote in favor, the 151 ordinance shall not be enacted and the measure is prohibited from being brought forward again 152 as an initiative within six months of the election certification. If the petition committee does not 153 file a disapproval statement to a proposed amendment, the Council shall hold a first reading of 154 the amended proposed ordinance and proceed with the normal adoption process, which does not 155 exclude the referendum process as defined in Section 5.07. If the Council does not approve the 156 ordinance, it must follow the aforementioned balloting process. (Amended,Ord. 650, 8-16-2000) 157 158 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 159 subjected to a referendum by a petition which shall state at the head of each page, or attached 160 thereto, the exact text of the measure to be considered by the voters. The sponsoring 161 committecSponsoring Committee must file the completed petition in the office of the Clerk- 162 Administrator at least ten (10) calendar days before the ordinance takes effect. If the petition is 163 found to be sufficient under the provisions of Section 5.03 of this chapter, the City Council must 164 immediately adopt a resolution suspending the effective date of the Ordinanceordinance until it 165 is decided by a vote of the public. The Council must also immediately pass a resolution to place 166 the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters 167 favors the ordinance contained in the petition, it shall take effect immediately unless the 168 ordinance specifies a later date. If a majority votes against the ordinance contained in the 169 petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 170 651, 8-16-2000) If the petition cannot meet the requirements of sufficiency under the provisions 171 in Section 5.03 of this chapter, the City Council must adopt a resolution suspending the effective 172 date of the 0:6dinance for thirty (30) calendar days and the sponsoring committee will have 21 173 calendar days in which to file additional signature papers and/or to correct the specified 174 irregularity according to Section 5.04. If the FinalFindingfinal finding is that the petition is 175 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. 176 If the corrected petition is declared sufficient according to Section 5.03, the City Council must 310483v2 SJR MU210-4 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 5 of Error! Bookmark not defined. 177 pass a resolution suspending the effective date of the Admance until it can be decided by a vote 178 of the public and proceed as previously mentioned in this section. 179 180 Section 5.08. Recall. The voters of the City may request a recall vote of any elected 181 official of the City by petition. The petition shall state at the head of each page, or attached 182 thereto, a certificate stating the name of the official whose removal is sought, the grounds for 183 recall constituting malfeasance or misfeasance in office, in not more than 250 words, and the 184 intention of the sponsoring committee to bring about the official's recall. The petition shall be 185 filed in the Clerk-Administrator's office prior to circulation and shall be valid for 180 days 186 during which time a completed petition with signatures must be filed. The Clerk-Administrator 187 shall notify the official sought to be recalled of the petition and proceed as provided in Section 188 5.03 and 5.04 of this Charter. If the City Council is able to declare the petition sufficient, it 189 shall immediately pass a resolution to place the measure on a ballot as provided for in Section 190 5.05 of this charter. Within 14 calendar days of the declaration of sufficiency, the elected 191 official named by the petition may provide an answer for theifthe elected officials' course of 192 action in not more than 500 words. The Clerk-Administrator shall include with the published 193 notice of the election, the statement of the grounds for the recall and the answer of the official 194 concerned or a statement stating no answer was received. If a majority of those voting on the 195 recall vote in its favor, it shall become effective immediately upon certification of the election 196 results. If the majority does not vote in favor, the recall has failed and a petition for recall is 197 prohibited from being repeated for that elected official for one year from the date of certification 198 of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill 199 said vacancy. 200 201 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed 202 as in any way affecting the right of the voters to propose amendments to this charter which can 203 be proposed in accordance with MN Statute 410.12, as amended. 204 205 * Minnesota courts have limited the powers of initiative and referendum to ordinances 206 which are legislative in character. General legislative acts lay down some permanent and 207 uniform rule of law, administrative acts relate to daily administration of municipal affairs, and 208 quasi judicial acts are the product of investigation, consideration and deliberate human judgment 209 based upon evidentiary facts of some sort. 210 310483v2 SJR MU210-4 Document comparison done by DeltaView on Wednesday, May 02, 2007 3:02:21 PM Input: Document 1 PowerDocs://DOCSOPEN/310483/1 Document 2 Powerpocs://DOCSOPEN/310483/2 Rendering set K&G Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 12 Deletions 9 Moved from 0 Moved to 0 Style change 0 Format changed 1 Total changes 22 Honorable Greg Johnson, Chief Judge Ramsey County District Court 1010 Courthouse 15 W. Kellogg Blvd. St. Paul MN 55102 March 12, 2007 Dear Sir: Please accept my resignation from the Mounds View Charter Commission, effective immediately. It was an honor for me to serve the City of Mounds View in this Commission for almost two years. I certainly have learned a lot from the experience and highly recommend it. I am proud of our residents that hold our Charter in high regard and support it as vital to our successful city government. Our Charter Commission was able to serve our community in several ways last year; the most important was the successful referendum to limit the percentage of yearly property tax increase by the city. In that same election, I won a seat on our City Council. I'm sure we have other residents in the community who will step up to cover the Charter Commission seat I am vacating. We are very fortunate in our community that we have a lot of citizen involvement. If I ever figure out how to `squeeze more time' out of a week, I would like to serve again. Thank you. Sincerely, AWZI>(Ga/A/--- Carol A. Mueller 8343 Groveland Road Mounds View MN 55112 Resolution No. 2007-01 Cit} of Mounds View Charter Commission Mounds Final Version Dated March 14, 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 Jonathan J Thomas fie. 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 2nd 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 Vang 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". Respectfull submitted, 1/%/.4'i"/ � /,,� Jonathan J Thomas, Chair arbara Tas,' ecretary Mounds View Charter Commission Date: 3/14/2007 Resolution 2007-01 Final 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 sour as ticable 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.1 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 provided by law an ordinance may incorporate by reference a statute of Minnesota, a 39 state administrative rule or a regulation, a code or ordinance or part thereof without publishing 40 the material referred to in full, so long as the complete reference to the item is included. 41 (Amended,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 }1_It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date: 3/14/2007 Resolution 2007-01 Final 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. is -- '- -- - • -- .•:: -.General Voter Authority*. The people of Mounds View, 55 - _ • . .-.. - - .. -- have the right, in accordance with the-previsions €this Charter, 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. Gene._.)Provisions f-Petitions. A petition provided for under this chapter shall 68 be sponsored by a committee of five -: - -: 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 aper.,but each 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 addres&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 chaiimust have 78 appended to it a certificate signed and dated by the circulator, verified by cath,. The certificate shall 79 affirm that each signature appended- kerete-was made in heirthe circulator's presence and that the 80 circulator believes them to be the genuine signature of the person voter whose name it purports to be, 81 •- . ••.. . _ - _. . . • . • .,•. _ . _, and that each signer was 82 presented with the full petition. Each signer of a petition must be a voter of the City and must sign 83 and print their name and give their street address. The completed petition shall be submitted to the 84 Clerk-Administrator for review. Any persenvoter whose name appears on a petition may withdraw 85 their name by filing a statement in writing filed-with the Clerk-Administrator before saidthe Clerk- 86 Administrator advises the Council of the information related to the sufficiency of the petition. 87 88 Section 5.03. Determination of Petition Sufficiency. • - •. • - •- -• . - -• • -• 90 • - _ : , . ... - . _ . ,•- ... •.. .• • - - • , . • . _ •_•• . .•. 92 " - •_ _ .. . ... • .. _. . --- --- - •- •. ._ --.. _ : - . . . 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: 3/14/2007 Resolution 2007-01 Final 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 If the Council determines that the 105 •.• . r. . , - - • .. . . . ._ • . .. , . •- - . 106 .: •-••. . ' . , , -. .. _ -- .. _ "-- _.•••- _ . - . ... . .. - • .,.. , . 107 . ., _ ..._ .. . _. ., _ , - --- • , _ 108 . . . ... . , _ ... . .. _ :. _ -- 109 110 . - • , _ - . - . .. . . , • .. -. , Y.. , . .. 111 ._ - - - - -- - • _ - - - _ .. ... .. 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 - - - . •• - , - ., -- , . ., - --- - : . ' . .. ,. , , . , .. - - .. Mounds View Charter Commission Date: 3/14/2007 Resolution 2007-01 Final Markup format—Chapter 5 Page 4 of 5 148 • , - • , , - . . . - .. . . - - . - 149 - , . ., - . •• .,. . - - - .. _ .,. • • • 150 _ .. •- - --, •- ., _ ... 151 - . .. .. - - , . - _ -- - . . .. , .. ! .. • • • • 152 . _ , , • --, , . _. . , •. - - - - •• - - ,. 153 • . - , - „ - • 154 - - .,. - - - - ., ' - . . - - - - .. ! ! 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 ofthis chapterz •_ .'. . .'. ., __ _. . _ _ _. • .•• , ,• . .._ . •,•, 187 . • .. _ _ - . . .__. . .. - _ ._ .. . . • ' 188 . . ! .. _ ... .- . . . .. - . • .. 189 . . ., _ , .. -. ... . . • - . . - . . _ .. • _ -- . . .. _ 191 -. .. , .. , _ . .-, ' .. _, _. ._. _. ... _ -. _ _ __ - . 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: 3/14/2007 Resolution 2007-01 Final 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 initiated 1..,petitien,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 o officer whose removal is sought, the grounds for recall., constituting-which 211 shall be malfeasance; or misfeasance or nonfeasance 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 ._ . IN . •. . •.. •- _ . __. . __ . 218 .. _ . . ' .- - ..• :.•: - 1., •:• • . . .. • .. .. ._ •.. . " •-::. •.-:, • 219 . . _. . - . "• .. .. • 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 eleeter-s 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. Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old 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 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 provided 38 by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative 39 rule or a regulation, a code or ordinance or part thereof without publishing the material referred 40 to in full, so long as the complete reference to the item is included. (Amended,Ord. 700, 8-26-2002) 41 42 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 43 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every 44 other ordinance shall take effect thirty(30) days after its publication or at such later date as it specifies 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 2 of 5 45 unless challenged by a petition for referendum. In the event of a petition for referendum, the City 46 Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this 47 Charter. 48 49 CHAPTER 5 50 INITIATIVE, REFERENDUM AND RECALL 51 52 Section 5.01. General Voter Authority*. The people of Mounds View, have the right, in 53 accordance with this Charter, to propose ordinances[initiative] and to require that any ordinance be 54 referred to the voters [referendum], except those that appropriate money, levy taxes or deal with 55 administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove 56 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents 57 of the City of Mounds View who first register, or who have registered and are qualified to vote. Per 58 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 59 who were eligible to or did cast ballots in the previous election. For clarity flow charts and 60 referendum and ballot issue time lines are attached to the end of this charter. 61 62 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a 63 committee of five (5) to ten (10)members who are voters of the City and whose names and 64 addresses must appear on the petition as the Sponsoring Committee. A completed petition consists 65 of one or more pages gathered together as a single document. Each separately circulated page shall 66 contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 67 which apply, respectively, to initiative, referendum and recall. The Sponsoring Committee may 68 obtain a sample petition from the City Clerk-Administrator. The Clerk-Administrator shall provide 69 the number of signatures for petition sufficiency which is based on the total number of ballots cast 70 for President in the most recent Presidential election. All petition circulators must be voters of the 71 City. Each separate page of the petition must have appended to it a certificate signed and dated by 72 the circulator. The certificate shall affirm that each signature was made in the circulator's presence 73 and that the circulator believes them to be the genuine signature of the voter whose name it purports 74 to be and that each signer was presented with the full petition. Each signer of a petition must be a 75 voter of the City and must sign and print their name and give their street address. The completed 76 petition shall be submitted to the Clerk-Administrator for review. Any voter whose name appears 77 on a petition may withdraw their name by filing a statement in writing with the Clerk-Administrator 78 before the Clerk-Administrator advises the Council of the information related to the sufficiency of 79 the petition. 80 81 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must 82 meet the requirements set forth in section 5.02 and contain at least the following: 83 •Petitions for Initiative and Referendum require signatures of at least fifteen (15)percent of total 84 ballots cast for President in the most recent Presidential election. 85 'Petitions for Recall require signatures of at least twenty five (25)percent of total ballots cast for 86 President in the most recent Presidential election. 87 If all requirements have been met, the Clerk-Administrator shall report to the City Council within 88 ten (10) calendar days of receipt of the completed petition. The City shall immediately declare the 89 sufficiency of the petition. 90 Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 3 of 5 91 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator 92 determines that the petition cannot meet the requirements for sufficiency, a copy of the petition, 93 together with a written statement of its defects, shall be delivered to the sponsoring committee and 94 to the City Council within ten (10) calendar days of receipt of the completed petition. As specified 95 in this Charter, the sponsoring committee shall have thirty (30) calendar days to file additional 96 signature papers and/or to correct the specified irregularity. Within nine (9) calendar days of 97 receipt of the corrected completed petition, the Clerk-Administrator shall determine whether the 98 petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 99 5.03. If the petition is still insufficient or irregular, the City Council shall direct the Clerk- 100 Administrator to file the petition as noted and notify the sponsoring committee within ten (10) 101 calendar days that no further action will be taken. The Final Finding that the petition is insufficient 102 or irregular shall not prejudice the filing of a new petition for the same purpose unless otherwise 103 specified within this Charter. Except in the case of a petition for recall, it shall not prevent the 104 Council from referring the subject matter of the petition to the voters at the next regular or special 105 election. 106 107 Section 5.05. Ballot Issue Requirements. If a measure meets the requirements to be put on 108 a ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 109 meeting, the City Council shall pass a resolution placing the measure on a ballot. If it is within 120 110 calendar days of a primary or general election and all of the county election requirements can be 111 met, the measure shall be placed on the ballot at the next regularly scheduled election. 112 113 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a 114 regularly scheduled election, at or before its next regularly scheduled meeting, the City Council 115 shall pass a resolution placing the measure on the ballot and calling for a special election to be held 116 within 120 calendar days of said meeting. However, no special elections can be held between a 117 regular primary election and a regular general election or 40 calendar days after a regular general 118 election. If there is no regular primary election then no special election shall be held within 60 119 calendar days prior to a regular general election. 120 121 Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the 122 proposed ordinance must be stated at the head of each page of the petition or attached thereto. 123 Within sixty (60) calendar days after final determination of the petition's sufficiency under the 124 provisions of Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance 125 agreed to by the Sponsoring Committee or pass a resolution to place the measure on a ballot. If the 126 Council elects to adopt the ordinance they should hold a first reading of the ordinance, as defined in 127 Section 3.05 of this charter. The Council can then proceed with the normal ordinance adoption 128 process, which does not exclude the referendum process as defined in Section 5.07, or may propose 129 an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote of the 130 Council, it must be presented to the Sponsoring Committee. The Sponsoring Committee shall have 131 fourteen (14) calendar days from the receipt of the amended proposed ordinance to disapprove the 132 amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a 133 statement of disapproval, the Council must either adopt the proposed ordinance, as stated on the 134 original petition, or it must be placed on the ballot. If there is no proposed amendment, or should 135 the petition committee agree to the amendment, the ordinance shall be scheduled for a Second 136 Reading and public hearing. If the ordinance receives a majority vote of the Council in its favor, it Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 4 of 5 137 shall become effective thirty (30) calendar days after adoption unless the ordinance specifies a later 138 effective date. If the amendment is required to be put on a ballot, the City Council shall proceed as 139 provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in 140 its favor, it shall become effective thirty (30) days after certification of the election results unless 141 the ordinance specifies a later effective date. If the majority does not vote in favor, the ordinance 142 shall not be enacted and the measure is prohibited from being brought forward again as an initiative 143 within six months of the election certification. If the petition committee does not file a disapproval 144 statement to a proposed amendment, the Council shall hold a first reading of the amended proposed 145 ordinance and proceed with the normal adoption process, which does not exclude the referendum 146 process as defined in Section 5.07. If the Council does not approve the ordinance, it must follow 147 the aforementioned balloting process. (Amended,Ord.650,8-16-2000) 148 149 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be 150 subjected to a referendum by a petition which shall state at the head of each page, or attached 151 thereto, the exact text of the measure to be considered by the voters. The sponsoring committee 152 must file the completed petition in the office of the Clerk-Administrator at least ten(10) calendar 153 days before the ordinance takes effect. If the petition is found to be sufficient under the provisions 154 of Section 5.03 of this chapter, the City Council must immediately adopt a resolution suspending 155 the effective date of the Ordinance until it is decided by a vote of the public. The Council must also 156 immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this 157 Charter. If a majority of the-voters favors the ordinance contained in the petition, it shall take effect 158 immediately unless the ordinance specifies a later date. If a majority votes against the ordinance 159 contained in the petition, it shall be considered repealed upon certification of the election results. 160 (Amended, Ord. 651, 8-16-2000) If the petition cannot meet the requirements of sufficiency under 161 the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution suspending 162 the effective date of the Ordinance for thirty (30) calendar days and the sponsoring committee will 163 have 21 calendar days in which to file additional signature papers and/or to correct the specified 164 irregularity according to Section 5.04. If the Final Finding is that the petition is insufficient, the 165 Ordinance shall take effect on the date declared by the resolution of suspension. If the corrected 166 petition is declared sufficient according to Section 5.03, the City Council must pass a resolution 167 suspending the effective date of the Ordinance until it can be decided by a vote of the public and 168 proceed as previously mentioned in this section. 169 170 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official 171 of the City by petition. The petition shall state at the head of each page, or attached thereto, a 172 certificate stating the name of the official whose removal is sought, the grounds for recall 173 constituting malfeasance or misfeasance in office, in not more than 250 words, and the intention of 174 the sponsoring committee to bring about the official's recall. The petition shall be filed in the 175 Clerk-Administrator's office prior to circulation and shall be valid for 180 days during which time a 176 completed petition with signatures must be filed. The Clerk-Administrator shall notify the official 177 sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this 178 Charter. If the City Council is able to declare the petition sufficient, it shall immediately pass a 179 resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 14 180 calendar days of the declaration of sufficiency, the elected official named by the petition may 181 provide an answer for their course of action in not more than 500 words. The Clerk-Administrator 182 shall include with the published notice of the election, the statement of the grounds for the recall Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-Old Page 5 of 5 183 and the answer of the official concerned or a statement stating no answer was received. If a 184 majority of those voting on the recall vote in its favor, it shall become effective immediately upon 185 certification of the election results. If the majority does not vote in favor, the recall has failed and a 186 petition for recall is prohibited from being repeated for that elected official for one year from the 187 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein 188 shall apply to fill said vacancy. 189 190 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as 191 in any way affecting the right of the voters to propose amendments to this charter which can be 192 proposed in accordance with MN Statute 410.12,as amended. 193 194 195 * Minnesota courts have limited the powers of initiative and referendum to ordinances which 196 are legislative in character. General legislative acts lay down some permanent and uniform rule of 197 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts 198 are the product of investigation, consideration and deliberate human judgment based upon 199 evidentiary facts of some sort. Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall Revision Date 3/14/2007 Election Year Non Election Year Date of resolution to prepare for a ballot ►I Date of resolution to prepare for a ballot No Special Election If primary scheduled 60 days Date of regular primary election if scheduled. 20 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. rio 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 3/14/2007 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 A ► 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 Yes Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator No requirements notifies the City Council and Sponsoring . been met? Committee of deficiencies.Sec 5.04 Sec 5.03,5.04 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 • resolution to place the measure on a ballot within 60 calendar days. Sec 5.03,5.06 File petition as insufficient and notify Sponsoring Committee within 10 calendar A— . days that no further action will taken.Sec 5.04 City Council must act by either holding a First Reading or Allow Sponsoring Yes Committee 14 Did Sponsoring Yes provide an amendment and Did City Council must complete one of the offer an amendment? calendar days to Committee disapprove specified courses of action. Sec 5.06 disapprove the amendment . Sec 5.06 Sec 5.06 Sec 5.06 No No .4 • Hold First Reading,schedule a Did City Council Yes /rdinance takes effect after 30 public hearing pursuant to MN calendar days unless a later date is pass Ordinance by Stat.410.12 and any additional majority vote? specified in the Ordinance requirements. Sec 5.06 Sec 5.06 Sec 5.06 No A V City Council must pass a resolution to place the measure on a ballot. Sec 5.05,5.06. i Prepare for ballot within 120 days of City Council resolution to place the measure on a ballot. Sec 5.05. Did a majority of those voting on the No Ordinance fails and Ordinance vote in favor N process ends for this petition. 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 3/14/2007 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. ► votes cast for —1,- 10 calendar days A Is being tested for Charter Section 5.02,5.07 President,most prior to Ordinance Sufficiency? recent election taking effect Sec 5.03 Sec 5.03 Sec 5.07 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 Yes A 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 V File petition as insufficient V and notify Sponsoring Committee City Council must immediately adopt within 10 calendar days that no I resolution/s declaring the petition further action will taken.Sec 5.04 sufficiency,suspending the Ordinance Ordinance takes effect as and to place the item on a ballot. originally intended.Sec 5.07 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 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 3/14/2007 Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 7 Form Sponsoring Committee of 5 to 10 members H -.I Set a public hearing for proposed Ordinance >= 10 days I'liHold public hearing & First Reading >=14 days not required to be in the same meeting �► T ► Second Reading/adoption First opportunity for referendum petition submission H 7-14 days <=28 days -►{ Publication of Ordinance Submit completed referendum petition with �r 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 delaying j the effective date of the Ordinance 30 days to allow -4- Ordinance takes effect unless challenged process completion. Clerk Administrator provides by referendum petition written report to Sponsoring Committee detailing <=21 days petition deficiencies. =30 days Submit completed referendum petition with deficiencies �r corrected to Clerk-Administrator >=9 days Council either, passes resolution/s for petition sufficiency, suspending the Ordinance and to place the .41_ �r , 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 See Appendix A I Mounds View Charter Appendix E - Recall Process Flow Diagram -Revision Date 3/14/2007 Form Committee of 5 to 10o Within 180 days of Is this the members and file copy of petition Obtain at least 25% filing petition,deliver first time petition stating the official's name and the of the number of all required No grounds for recall with Clerk- votes cast for information to Clerk- is being tested for Administrator prior to circulation. President,most Administrator Sufficiency? Charter Section 5.02,5.08 recent election Sec 5.08 Sec 5.03 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 must immediately pass a resolution declaring 4 'V sufficiency and to place the item on a ballot. Sec 5.03,5.08 Declare petition terminated (-- due to insufficiency&notify Sponsoring Committee no further action will taken.Sec 5.04 A 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 1-The official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08