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HomeMy WebLinkAboutNotice of Public Hearing Ord 743CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING Ordinance 743 will go before a Public Hearing on September 13, 2004 at 7:05pm for a second reading and adoption. This is an Ordinance Amending Chapter 5 of the Mounds View City Charter. The Ordinance reads as follows: ORDINANCE NO. 743 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING CHAPTER 5 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 5 of the Charter of the City of Mounds View relating to “Initiative, Referendum and Recall” be rewritten in its entirety as follows: 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 voters 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 them 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. 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 90 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 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 23rd day of August, 2004. Read and passed by the City Council of the City of Mounds View on this day of August, 2004. __________________________________ Jerry Linke, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney