HomeMy WebLinkAboutResoultion 2003-04Cit fl
F, Resolution No. 2003-04
y f t : Mounds View Charter Commission
1VloundS Dated October 10, 2003
Vlev. f Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for
Charter I .j housekeeping and clarification updates to sections of the Mounds View Charter that have
Commission ;?
caused confusion or seem to be semantically incorrect.
The Mounds View Charter Commission acting under Minnesota Statute 410.12
Chair: Subdivision 7, recommends the following amendments by the addition of the
Jonathan J Thomas bold and double underlined language and by the deletion of the bold -and -stricken
763-784-5205"
;w language. The Mounds View Charter Commission requests the City Council adopt by
ordinance those items it is in unanimous agreement with. We also request a response
Vice Chair " within 60 days with recommendations for modifications to any item that the City Council
Michele Sandback
763-783-1770 deems not acceptable as presented.
2"' Vice Chair u Section 2.06. The Mayor's Power and Duties.
Daniel Freimuth
763-780-3371 s' Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a
vote as a member. The Mayor shall be recognized as head of the City Government for all
Secretary i ceremonial purposes, b the courts for the purpose of serving civil process, and b the
Brian Amundsen I. p p y p p g p y
763-786-5699 Governor for purposes of martial law_ bttt Other than for the purposes specifically
ru stated in this paragraph, as an individual, the Marshall have no administrative
Bill Doty duties authority.
763-786-3421
ee'
( Section 4.05 Vacancy of Municipal Elected Office.
Matthew Eenigenburg 11,
763-783-7216 t Subdivision 5. When a vacancy in an elected municipal office occurs within 120
2' days prior to a regular municipal election date, the special election to fill the vacancy shall
Jean Miller-
, coincide with the regular election. If the vacancy occurs within sixty days prior to the
763-786-3959 i regular election date, the notice of such vacancy shall be published as soon as is
practicable. If within the 120 day period before a regular municipal election, the vacancy
William Mori `<
763-784-3645 occurs in the office of the Mayor or in the office of either or both of the Councilmembers
whose seats are to be decided in the election, said vacancy shall be considered not to exist
Barbara Thomas for purposes of the election. However, if such vacancy occurs in the office of either of the
763-780-6226 other two Councilmembers, the seat shall be filled by the candidate for Councilmember
with the third highest vote total, or, in the case of two vacancies, the third and fourth
William Werner Sr highest vote totals. Where two vacancies exist, the candidate with the third highest total
763-784-3603 f shall fill the vacancy in the office having the longest unexpired term. Candidates filling a
vacancy shall take office at or before the next regularly scheduled Council meeting
"` following election certification.
Section 9.01. Acquisition of Property, The City may acquire by purchase, gift,
condemnation, or otherwise, any real property, either within or without its boundaries, that
may be needed b the City for an public purpose. In acquiring property b exercising the
Y Y Y any p p q gp p Y Y 9
p power of eminent domain, the City shall proceed according to Minnesota law, Chapter 117
t = as amended, or other applicable items.
C r Respectful) itted,
-`, Jonathan J Thomas, Chair Brian Amundsen, Secretary
Resolution No. 2003-05
Mounds View Charter Commission
Dated October 10, 2003
View
Charter
Commission
Chair
Jonathan J Thomas
763-784-5205
Vice Chair
Michele Sandback
763-783-1770
2"' Vice Chair
Daniel Freimuth
763-780-3371
Secretary
Brian Amundsen
763-786-5699
Bill Doty
763-786-3421
Matthew Eenigenburg
763-783-7216
Jean Miller
763-786-3959
William Mori
763-784-3645
Barbara Thomas
763-780-6226
William Werner Sr
763-784-3603
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 that have caused confusion or seem to be semantically incorrect.
The Mounds View Charter Commission acting under Minnesota Statute 410.12
Subdivision 7, recommends the following amendments by the replacement in its
entirety of Chapter 5 of the Mounds View Charter with the following replacement
language. The Mounds View Charter Commission requests the City Council adopt
by ordinance those items it is in unanimous agreement with. We also request a
response within 60 days with recommendations for modifications to any wording
that the City Council deems not acceptable as presented.
INITIATIVE, REFERENDUM AND RECALL
Section 5.01. General Voter Authority. The people of Mounds View have
the right, in accordance with this Charter, to propose ordinances [initiative] and to
require that any ordinance be referred to the voters [referendum], except those that
appropriate money or levy taxes. The voter's also have the right to remove elected
public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to
residents of the City of Mounds View who first register, or who have registered and
are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to
sign the petition is not restricted to only those who were eligible to or did cast
ballots in the previous election.
Section 5.02. Petitions. To circulate a petition provided for under this
chapter, it must be sponsored by a committee of five or more voters of the City
whose names and addresses appear on the petition. A petition consists of one or
more pages with each separately circulated page containing at its head the
information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to
initiative, referendum and recall. The committee may obtain a sample petition from
the city Clerk -Administrator. All petition circulators must be voters of the City. Each
separate page of the petition Must have appended to it a certificate by the
circulator, verified by oath. The certificate shall affirm that each signature was made
in the circulator's presence and that the circulator believes there to be the genuine
signature of the voter whose name it purports to be and that each signer was
presented with the full petition. Each signer of a petition must be a voter of the City
and must sign and print their name and give their street address. Any voter whose
name appears on a petition may withdraw their name by filing a statement in writing
with the Clerk -Administrator before the Clerk -Administrator advises the Council of
the sufficiency of the petition.
Section 5.03. Determination of Petition Sufficiency. The committee must file
the completed petition in the office of the Clerk -Administrator. The
Clerk -Administrator shall provide the number of total ballots cast for President in
the most recent Presidential election.. For a petition to be sufficient, the required
number of signatures shall be a percentage of that number.
• Petitions for Initiative and Referendum require at least 15 percent,
• Petitions for Recall, at least 25 percent.
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Within 10 working days of receipt of the petition, the Clerk -Administrator shall determine its
sufficiency. Upon final determination of sufficiency, the Clerk -Administer shall report the date of
the determination and its sufficiency to the Council at or before the next regularly scheduled
meeting. Upon receipt of the report, the Council shall immediately declare the sufficiency of the
petition by resolution including the reported date of determination of sufficiency.
Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk -Administrator
determines that the sufficiency of a petition cannot be declared, it shall be determined to be
insufficient or irregular. The Clerk -Administrator shall deliver a copy of the petition, together with
a written statement of its defects, to the sponsoring committee. The committee shall have 30
calendar days in which to file additional signature papers and/or to correct the specified
irregularity. Within five working days of receipt of the corrected petition, the Clerk -Administrator
shall determine the sufficiency of the petition as corrected and proceed as directed in Section
5.03. If the petition is still insufficient or irregular, this shall be considered the Final Finding and
the Clerk. -Administrator shall file the petition as noted and immediately notify the sponsoring
committee that no further action will be taken. The final finding that the petition is insufficient or
irregular shall not prejudice the filing of a new petition for the same purpose. Except in the case
of a petition for recall, it shall not prevent the Council from referring the subject matter of the
petition to the voters at the next regular or special election.
Section 5.05. Initiative. Any ordinance may be proposed by a petition. The exact text of
the proposed ordinance must be stated at the head of each page of the petition. The Council
must act upon the proposed ordinance within 60 calendar days after final determination of the
petition's sufficiency under the provisions of Section 5.03 of this chapter. The Council may
amend the proposed ordinance and must provide such amendments to the petition committee. A
majority of the sponsoring committee of the petition may disapprove the amended form by filing a
statement with the Clerk -Administrator within 14 calendar days of the receipt of the amended
ordinance. If the sponsoring committee does not file disapproval, the ordinance is not required to
be submitted to the voters for enactment. Upon filing a statement of disapproval, the proposed
ordinance, as stated on the original petition, must be placed on the ballot at the next election
occurring in the City. If there is no regularly scheduled election within 120 calendar days of the
determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter
4 of this Charter, at or before its next regularly scheduled meeting, the Council shall call a special
election to take place within 90 calendar days of said meeting. If the ordinance receives a
majority vote in its favor, it shall become effective 30 calendar days after adoption unless the
ordinance specifies a later effective date.
Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed
as in any way affecting the right of the voters to propose amendments to this charter.
Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be
subjected to a referendum by a petition which shall state at the head of each page the exact text
of the measure to be considered by the voters. If the petition is found to be sufficient under the
provisions of Section 5.03 of this chapter, said ordinance shall thereby be prevented from
enactment, and the subject matter of the petition shall be placed on the ballot at the next election
occurring in the City. If there is no regularly scheduled election within 120 calendar days of the
determination of sufficiency or if the calendar date prohibits compliance with provisions in Chapter
4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a special
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election to take place within 90 calendar days of said meeting. If a majority of the voters voting
thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority vote
against the ordinance contained in the petition, it shall be considered repealed upon certification
of the election results.
Section 5.08. Recall. The voters of the City may request a recall vote of any elected
official of the City by petition. The petition shall state at the head of each page, or attached
thereto, the name of the official whose removal is sought, the grounds for recall constituting
malfeasance or misfeasance, in not more than 250 words, and the intention of the sponsoring
committee to bring about the official's recall. The petition shall be filed in the Clerk -Administrator's
office prior to circulation. If the petition is determined sufficient under the provisions of Section
5.03 of this chapter, the Clerk -Administrator shall submit it to the Council as required. The Clerk -
Administrator shall also officially notify the official sought to be recalled of the sufficiency of the
petition and of the pending action within five working days. Within five working days of
notification, the official may provide an answer stating the justification of their course of action in
not more than 500 words. If there is no regularly scheduled election within 120 calendar days of
the determination of sufficiency or if the calendar date prohibits compliance with provisions in
Chapter 4 of this Charter, upon declaration of sufficiency, the Council shall immediately call a
special election to take place within 90 calendar days of said meeting. The Clerk -Administrator
shall include with the published notice of the election, the statement of the grounds for the recall
and the answer of the official concerned or a statement stating no answer was received. If a
vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy.
Respectfully submitted,
Jonathan J Thomas, Chair
Brian Amundsen, Secretary
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