HomeMy WebLinkAbout04-10-2007 Mounds View Charter Commission Minutes r
Meeting: April 10, 2007 pqA/ 0
• . 4 r
1. Call to Order—The meeting came to order at 7:06 pm. �' r•
Roll Call— Present: J. Thomas,J. Miller,M. Haubrich,B.Thomas, Uq
Excused: B. Doty, C. Mueller
Absent : T. Vang
2. Approval of agenda
Motion by B. Thomas, second by J. Miller to approve agenda as written
MOTION APPROVED
3. Approval of minutes
Motion by J. Miller, second by M. Haubrich to approve minutes of March 13, 2007 as written
MOTION APPROVED
4. Citizens comments from the floor
None
5. Reports of the Chair
Chair reminded viewers that there will be information regarding the Charter Commission and
its activities at the Town Hall Meeting on April 14th from 9 am to 12 pm.
6. Reports of members
• None
7. Unfinished Business
None
8. New Business
Chair presented list of issues that have been requested to be addressed for the Commission to
discuss and prioritize. Commission will prioritize issues based on things that can be worked on
immediately, things that will take a little time to gather information and things that are delayed
for various reasons including other actions that,.u.eti take place first.
J&I'
Commission decided M. Haubrich will pursue further information regarding Section 12.13.
B. Thomas will provide draft language for a letter to the council requesting input.
J. Thomas will pursue further information for Section 2.04
J. Miller will pursue information for Sections 3.01 & 3.02
9. Adjournment
Meeting adjourned at 8:35 pm.
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City of c /
CHARTER COMMISSION MEETING fc �d
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Mounds 7:00 PM Tuesday, Apr 10, 2007 0,,R\� pl� �' ,
View Mounds View City Hall -� lel
Preliminary AGENDA
Charter Commission 11
Chair 1. Call to Order
Jonathan J Thomas '
763.784.5205 2. Roll Call
Vice Chair
Bill Doty X Jonathan J Thomas )c Michael Haubrich
763.786.3421
1LL Bill Doty P1'Carol Mueller
2°d Vice Chair Jean Miller w Thai W Vang
Jean Miller . ,-Barbara Thomas _
763.786.3959 _ _
Secretary 3. Approval of agenda and minutes
Barbara Thomas pP g
763.780.6226
Review and approve agenda
Michael Haubrich Approval of Mar 13, 2007 Minutes
651.205.6848
Carol Mueller 4. Citizens comments from the floor
.63.780.1251
Thai W Vang
763.792.1750 1 5. Reports of the Chair
6. Reports of members
nP 7. Unfinished Business
8. New Business
25 min, Discus methods and issues we should use to catagorize and prioritize
the known issues that we wish to consider for Charter amendments.
45 min, Review list of items for future consideration, categorize and prioritize
as much as possible and pick one to start working on.
15 min, Discuss future meeting schedule
9. Adjournment
0 1 10. Next Regular Meeting Date - May 8, 2007
City of f 4/10/2007 List of items for Charter Amendments for future consideration
Section
• Mounds
2.02 Review issues related to Police Civil Service Commission and the conflict with the
View language in the Charter.
2.04 Review issues related to City Council members serving on the Charter Commission
Charter Commission and the language in the Charter as it needs to clearly recommend a liaison position if
there are no current members of the City Council serving on the Charter Commission.
Chair
Jonathan J Thomas 3.01 Should"meeting place"be by resolution or ordinance and time to notify for
763.784.5205
special meeting- 24, 48, or 72 hours ?
Vice Chair
Bill Doty 3.02 Review issues related to City Council members serving as liaison positions City
763.786.3421 Departments.
2°d Vice Chair
Jean Miller 3.04 Subd. 4 - Consider new section defining actions that require an Ordinance. See
763.786.3959 section 2.13 of Mankato Charter as an example.
Secretary 8.04 Subd. 1 -Consider increasing percentage requirement for"benefitted property
Barbara Thomas owners" from 25%to a majority, and other issues relating to the referendum process
763.780.6226
as it relates street projects.
Michael Haubrich
651.205.6848 10.xx Consider replacing with a more general reference to State Statutes that would be
more accurate as the Statues have been determined to take precedence.
Carol Mueller
63.780.1251 11.xx Similar to chapter 10.
Thai W Vang
763.792.1750 12.13 Shall a newsletter be published by the City at regular intervals at least six(6)times
each year, or should we consider four(4)times a year and what considerations are
necessary as it relates to the statement"The postal roll for the City shall be used for
the distribution." There are still sections where the only publishing requirement is
the City newsletter or official newspaper and City newsletter, when that may not be
the best methods now.
X.xx Administrative Offenses -City Authority as outlined recently by City Staff.
Ic
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3- 13.., E
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01X Draft Markup format—Chapter 5 Page 1 of 5
1 CHAPTER 3
• 2
3 COUNCIL PROCEDURE
4
5 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in
6 writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of
7 the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed
8 in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance,except an
9 emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen(14)
10 days shall elapse between its introduction and final adoption. Every ordinance must contain a
11 specified effective date as noted in Section 3.09 of this Charter.
12
13 Section 3.07. Signing,and Publication of Ordinances. Every ordinance adopted by the Council
14 shall be signed by the Mayor, and attested to, filed and preserved by the Clerk-Administrator. Every
15 ordinance shall be published at least once in the official newspaper no earlier than
16 seven (7) calendar days nor later than fourteen(14) calendar days from the date of passage, either in
17 its complete form preceded by a summary of its contents or as a title and summary!
18
19 The Ordinance or the Ordinance Title and Summary shall be published in a body type no
20 smaller than brevier or eight(8)point type. A copy of any new ordinance may be obtained from
21 the City at no cost. The entire text of the ordinance shall be posted on the City's web site,if
22 there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy
23 shall also be available in the community library, if there is one,or if not,in any other public
24 location which the Council designates.
• 25
26 In the case of lengthy ordinances, or ordinances that include charts or maps, if the
27 Council determines that publication of the title and a summary of an ordinance would clearly
28 inform the public of the intent and effect of the ordinance,the Council may by a four-fifths
29 (4/5th)vote of its members, direct that only the title of the ordinance and a summary be
30 published,with notice that a printed copy of the ordinance is available for inspection during
31 regular office hours at the office of the Clerk-Administrator. Prior to the publication of the title
32 and summary,the Council shall approve the text of the summary and determine that it clearly
33 informs the public of the intent and effect of the ordinance, and shall further state that the
34 complete text of the ordinance is on file at the office of the Clerk-Administrator. The
35 publishing of the title and summary shall be deemed to fulfill all legal publication requirements
36 as completely as if the entire ordinance had been published. A copy of the publication shall be
37 attached to and filed with the ordinance for reference. To the extent and in the manner
38 prohibited-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
41 It is the intent of the Charter Commission that the Council will determine which is less costly.
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 2 of 5
47 Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this
48 Charter.
• 49
50 CHAPTER 5
51
52 INITIATIVE, REFERENDUM AND RECALL
53
54 Section 5.01. 1; -- ' - -- . . - 9:4; .General Voter Authority*. The people of Mounds View,
55 • -- - : •-•• - - •- :: -- have the rights in accordance with the-pfevisiens-efthis Charter,
56 .._._ . .. .• _ _ . . . , - •-••• -•.... - ..., .•_ :..•-• - -- ' - -- • . . . ..... . ... . . .
57 . , . . _ . - - _ . r. . _. - - - . _•... •, -• ,
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. Petitions. A petition provided for under this chapter shall
68 be sponsored by a committee of five registered0) to ten(l0) members who are voters of the City and
69 whose names and addresses challmust appear on the petition as the Sponsoring Committee. A
70 completed petition may-censistconsists of one or more papep h 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 address.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
`"6 76 based on the total number of ballots cast for President in the most recent Presidential election. All
.i. 77 petition circulators must be voters of the City. Each separate page of the petition chalimust have
4 78 appended to it a certificate attested to by the circulator, verified by oath,. The certificate shall affirm
79 that each signature appended4herete-was made in theifthe circulator's presence and that the circulator
80 believes them to be the genuine signature of the per-son-voter whose name it purports to be. The person
0 81 ., _ .- - . _ •.. ._ . . • . •- • .. . •_ - _. . -. and that each signer was presented with
0 82 the full petition. Each signer of a petition must be a voter of the City and must sign and print their
83 name and give their street address. The completed petition shall be submitted to the Clerk-
84 Administrator for review. Any personvoter whose name appears on a petition may withdraw their
85 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. IN'- -. . . __ •. • _ -. . . -. ._ ' •
.•
90 - - - -.. -, : • --• , -• •. _ . . _ • - • - , - -.. •.. ._ • - _ . . . _ . . _ •
._ . . _
0 94 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at
95 least the following:
96 • Petitions for Initiative and Referendum require signatures of at least fifteen (15)percent of total
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-0lb Draft Markup format—Chapter 5 Page 3 of 5
97 ballots cast for President in the most recent Presidential election.
98 • Petitions for Recall require signatures of at least twenty five (25) percent of total ballots cast
•
99 for President in the most recent Presidential election.
100 If all requirements have been met, the Clerk-Administrator shall report to the City Council within
101 ten (10) calendar days of receipt of the completed petition. The City shall immediately declare the
102 sufficiency of the petition.
103
104 Section 5.04. Disposition of Insufficient or Irregular Petition - -.•. - -105 - - • — - . . . , _ • , •
106 .. _ . . _ . _ .. �. _ , �.. .. _ , .. ..•
107 _ .. .. _ ... - .. .. . . -• - •- - .. _ > ., ._ ... , ,
108 •-- . __ , _ .. -.... . • _ ... . . .. __. _ .. ... -
109 ::- :t-:.: - , , • :••••••• _ - -- s.. .' , . . _ -- • .
110 „. _ • . _ .., - — .. . . _ , . .. . .. .. . _ . . � : _
•
111 _ ._ • . . - •- - •- • • _ • - - ... .. _,
112 . . • ... - . . . - .. _ - . - . . . , . , _ _ .. ._ _
113 If the Clerk-Administrator determines that thepetition 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 signaturepapers 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 aprimary 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. whichshat state at
410 144 .-- --:•: : -. - :. : •.: - : ,- . - - . - - : .•- : : :: -: : -:,• - 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: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 4 of 5
148 • - • , - • . , - • .
•
149 enact the rdi -- . .. _ - •- .. , - • .. • ..
• 150 - - -- • - . - •.• -, , - - ' •--, -- - . „ _ . •.
151 placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days
•
•
153 :• -•::. • - - • ., - - -
154 •. ,.. . - .,-- • .. . - - ., • - , • - - s - .. - - e ! :
155 16 2000) Within sixty (60) calendar days after final determination of the petition's sufficiency
156 under the provisions of Section 5.03 and 5.04 of this Charter, the Council must either adopt an
157 ordinance agreed to by the Sponsoring Committee or pass a resolution to place the measure on a
158 ballot. If the Council elects to adopt the ordinance they should hold a first reading of the ordinance,
159 as defined in Section 3.05 of this charter. The Council can then proceed with the normal ordinance
160 adoption process,which does not exclude the referendum process as defined in Section 5.07, or may
161 propose an amendment to the petitioned ordinance. If an amendment is proposed by a majority vote
162 of the Council, it must be presented to the Sponsoring Committee. The Sponsoring Committee shall
163 have fourteen(14) calendar days from the receipt of the amended proposed ordinance to disapprove
164 the amendment by majority vote, and file a statement with the Clerk-Administrator. Upon filing a
165 statement of disapproval, the Council must either adopt the proposed ordinance, as stated on the
166 original petition, or it must be placed on the ballot. If there is no proposed amendment, or should
167 the petition committee agree to the amendment,the ordinance shall be scheduled for a Second
168 Reading and public hearing. If the ordinance receives a majority vote of the Council in its favor, it
169 shall become effective thirty (30) calendar days after adoption unless the ordinance specifies a later
170 effective date. If the amendment is required to be put on a ballot, the City Council shall proceed as
171 provided for in Section 5.05 of this Charter. If a majority of those voting on the ordinance vote in
• 172 its favor, it shall become effective thirty (30) days after certification of the election results unless
173 the ordinance specifies a later effective date. If the majority does not vote in favor, the ordinance
174 shall not be enacted and the measure is prohibited from being brought forward again as an initiative
175 within six months of the election certification. If the petition committee does not file a disapproval
176 statement to a proposed amendment, the Council shall hold a first reading of the amended proposed
177 ordinance and proceed with the normal adoption process, which does not exclude the referendum
178 process as defined in Section 5.07. If the Council does not approve the ordinance, it must follow
179 the aforementioned balloting process. (Amended,Ord. 650, 8-16-2000)
180
181 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
182 subjected to a referendum by a petition which shall state at the head of each page, or attached
183 thereto, the exact text of the measure to be considered by the electorate voters. The sponsoring
184 committee must file the completed petition in the office of the Clerk-Administrator at least ten (10)
185 calendar days before the ordinance takes effect. If the petition is found to be sufficient under the
186 provisions of Section 5.03 of this chapter, . . .. ,.. __ ._ . _ _ _. , . • , .• . .._ . .•,
187 •- .. __ . .. . , - -- - • ._ .. . _ . , • '-
•
•
•
188 . . _.. .. ! .. - , _ . - . - •• • •-- - • . . •• . . '..
190 - . . . .-, '
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
40 194 ballot as provided in Section 5.05 of this Charter. If a majority of the-voters favors the ordinance
195 contained in the petition, it shall take effect immediately unless the ordinance specifies a later date.
196 If a majority votes against the ordinance contained in the petition, it shall be considered repealed
197 upon certification of the election results. If the petition cannot meet the requirements of sufficiency
Mounds View Charter Commission Date: 2/8/2007
Resolution 2007-01b Draft Markup format—Chapter 5 Page 5 of 5
198 under the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution
199 suspending the effective date of the Ordinance for thirty (30) calendar days and the sponsoring
• 200 committee will have 21 calendar days in which to file additional signature papers and/or to correct
201 the specified irregularity according to Section 5.04. If the Final Finding is that the petition is
202 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. If
203 the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a
204 resolution suspending the effective date of the Ordinance until it can be decided by a vote of the
205 public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000)
206
207 Section 5.08. Recall. _ _ _ , - - , . - . .,• . . - , •- .
208 is etition. 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 official 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. Such 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. - . , , .•- . . . ' ' ..•.
215 _ ._ . . - - ! , .. .. •- , , • ,.. ..
216 _- . , :, . •. . . : _ . - _ ._ :.:.• . ._ _ _ - - -• • - .
217 • - . . '•- -:.• .- • . . •:-, . , •: - - . .- _. - __ .
•
218 .,. - - ' .. : :_-., ._ '.. . - ... _'
219 , , . . _ _ • . . • . "•_ • :•••••: . .. •,•
220 •.. ' - • - , , _ _ : _ .. _ _ __. . . : : _ •.• !! _ . , ., -
221 .•:, :t- _ ..• • .. . . ' _. -• ,. _ . ..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
0 223 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 ma'
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 electors 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: 3/13/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-01c 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.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 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: 3/13/2007
Revision—Chapter 5 Clear Text used to produce Res 2007-01c 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 tinitiative] 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
0 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 attested to by the
72 circulator. The certificate shall affirm that each signature was made in the circulator's presence and
73 that the circulator believes them to be the genuine signature of the voter whose name it purports to
74 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
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• 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.
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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
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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
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•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
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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
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•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.
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