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HomeMy WebLinkAboutRes. 6884 Adopting Charter Referendum - July 24, 2006Item No: 07G Meeting Date: July 24, 2006 Type of Business: CB City Administrator Review: _______ City of Mounds View Staff Report      To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6884 Adopting the Recommendations of the Charter Commission for a Charter Language Amendment to Chapter 7 of the Mounds View City Charter and Authorizing Staff to Prepare Language to Chapter 7 for the Next General Election. Background: During the past several years, the Mounds View Charter Commission has been 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. A number of these changes have been processed by ordinance by the City Council. However, if changes are deemed to be more substantive in nature, the Charter Commission may recommend that these amendments be put to a ballot referendum. The Mounds View Charter Commission has requested that the City Council prepare the following Charter language amendment for a ballot and have it placed before the voters at the next general election. The amendment is dealing with Section 7.03 of the Charter in regard to the City’s system of taxation. The concepts that are proposed were discussed at the joint Council/Charter Commission Work Session held earlier this year and reviewed by the City Council on July 10, 2006, and referred to the City Attorney for review and comment. Discussion: The City Attorney has provided his comments to the Charter Commission and will meet with them to discuss the language amendment to Chapter 7 of the Charter on Thursday, July 20, 2006 at 7pm. Pending the outcome of this meeting, staff will prepare and deliver this agenda item at the City Council’s home residence on Saturday, July 22, 2006. Attached are the attorney’s comments on the proposed change to the Mounds View City Charter for your reference. The Charter Commission has requested the City Council’s response within 30 days on any questions or clarification to any item as presented in the modification of language for Chapter 7, Section 7.03. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 1, has recommended the attached amendments by the addition of the bold and double underlined language and by deletion of the language. In summary, the objectives for the proposed amendment to this section, as stated by the Charter Commission, are twofold: To update and correct language in 7.03 for system of taxation. In 7.03 to limit the annual tax levy and certain fee increases, but to provide a process to obtain voter referendum approval for needs beyond the limits. The attached resolution directs staff to prepare a ballot question for the amendment to the Mounds View Charter Chapter 7 Subd. 3 as presented by the Charter Commission pursuant to: MN Statute 410.12 Subd. 1 Subd. 1. Proposals. The charter commission may propose amendments to such charter ... and MN Statute 410.12 Subd. 4 Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. The Attorney has indicated that while the City Council shall fix the form of the ballot question, the Charter Commission has the authority to have the question on the ballot. The upcoming General Election would obviously be the most cost-effective election to address this ballot question. A special election, if it were necessary, would cost approximately $10,000. To make the general election deadline, the question must be certified to the County by September 15th. Consequently, staff recommends final action on the question be taken by the Council no later than the August 28th regular meeting. Recommendation: It is recommended that the City Council adopt the attached Resolution 6884 considering an amendment to Chapter 7 of the Mounds View City Charter as proposed by the Mounds View Charter Commission and directing staff to prepare language to be placed on the ballot for a vote of the qualified voters at the next general election, pursuant to the requirements of Minnesota Statute 410.12. If you would like other arrangements made for delivery, then please contact me on my cell phone at 651-308-8371. Respectfully submitted, Desaree Crane RESOLUTION 6884 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA CONSIDERING AN AMENDMENT TO CHAPTER 7 OF THE MOUNDS VIEW CITY CHARTER AS PROPOSED BY THE MOUNDS VIEW CHARTER COMMISSION AND DIRECTING STAFF TO PREPARE LANGUAGE TO BE PLACED ON THE BALLOT FOR A VOTE OF THE QUALIFIED VOTERS AT THE NEXT GENERAL ELECTION, PURSUANT TO THE REQUIREMENTS OF MINNESOTA STATUTE 410.12. WHEREAS, the City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View City Charter Commission, has received an amendment to Chapter 7 of the Charter of the City of Mounds View relating to “Taxation and Finances” as proposed by the Mounds View Charter Commission, and WHEREAS, The Mounds View Charter Commission has requested that the City Council prepare a Charter language amendment for a ballot and have it placed before the voters at the next general election, and WHEREAS, Minnesota Statute 410.12, Subd. 1 provides that the charter commission may propose amendments to the City Charter, and WHEREAS, MN Statute 410.12 Subd. 4 provides as follows: Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View does hereby adopt considering an amendment to Chapter 7 of the Mounds View City Charter as proposed by the Mounds View Charter Commission and directing staff to prepare language to be placed on the ballot for a vote of the qualified voters at the next general election, pursuant to the requirements of Minnesota Statute 410.12. Adopted this 24th day of July, 2006. _______________________________ Rob Marty, Mayor _______________________________ Kurt Ulrich, City Administrator