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HomeMy WebLinkAbout06-12-2007 Ord 819Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 763.432.3181 Thai W Vang 763.792.1750 Resolution No. 2007-01 e Mounds View Charter Commission Final Version Dated Jul 12, 2007 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 addition of the blue and double underlined language and by the deletion of the Red and stricken language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Charter Commission Objectives: Update Chapter 5 and related sections of the Charter while maintaining original powers and authority granted. 1. Improve readability and clarify the process, required steps, and time line for circulating and submitting a petition to the City for Initiative, Referendum or Recall. 2. Improve the Chapter's elapsed time definitions to calendar days and include appendices charting time allowed for each procedural action. 3. Chapter 3, Section 3.05, 3.07, and 3.09 clarification of ordinance process to allow time for Referendum petitions. 4. Section 5.01 define the term voter, clarify the use of appendices, and clarify voter authority for petitions. 5. Section 5.02 define committee as Sponsoring Committee, its size and membership requirement, petition signer requirement, and city staff responsibilities. 6. Section 5.03 clarify the process and requirements for petition sufficiency. 7. Section 5.04 clarify 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 its 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 clarify requirements for Recall and the 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 added the reference for 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 Resolution 2007-Ole Final Markup format Date7/ 12/2007 Page 1 of 6 1 CHAPTER 3 2 COUNCIL PROCEDURE 3 4 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and 5 read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No 6 ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The 7 enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinanc; 8 shall be adopted at the meeting at which it is introduced and at least fourteen (14) calendar days shall elapse 9 between its introduction and final adoption. Every ordinance must contain a specified effective date as 10 noted in Section 3.09 of this Charter. 11 12 Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall 13 be signed by the Mayor, and attested to, filed and preserved by the Clerk -Administrator. Every ordinance 14 shall be published at least once in the official newspaper as soon as practicable no earlier than eight (8) 15 calendar days nor later than seventeen (17) calendar days from the date of passage, either in its complete 16 form preceded by a summary of its contents or as a title and summary.' 17 18 The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than 19 brevier or eight (8) point type. A copy of any new ordinance may be obtained from the City at no cost. 20 The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can 21 be identifiable by subject matter or ordinance number. A copy shall also be available in the community 22 library, if there is one, or if not, in any other public location which the Council designates. 23 24 In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that 25 publication of the title and a summary of an ordinance would clearly inform the public of the intent and 26 effect of the ordinance, the Council may by a four -fifths (4/5th) vote of its members, direct that only the title 27 of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available 28 for inspection during regular office hours at the office of the Clerk -Administrator. Prior to the publication 29 of the title and summary, the Council shall approve the text of the summary and determine that it clearly 30 informs the public of the intent and effect of the ordinance, and shall further state that the complete text of 31 the ordinance is on file at the office of the Clerk -Administrator. The publishing of the title and summary 32 shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had 33 been published. A copy of the publication shall be attached to and filed with the ordinance for reference. 34 To the extent and in the manner prohibited provided by law an ordinance may incorporate by reference a 35 statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without 36 publishing the material referred to in full, so long as the complete reference to the item is included. 37 (Amended, Ord. 700, 8-26-2002) 38 39 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency 40 ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other 41 ordinance shall take effect thirty (30) calendar days after its publication or at such later date as it specifies 42 unless challenged by a petition for referendum that is not deemed to be frivolous by the Council. In the 43 event of a petition for referendum that is not deemed to be frivolous, the Council must suspend the 44 effective date of the ordinance as specified in Section 5.07 of this Charter. 45 46 1 It is the intent of the Charter Commission that the Council will determine which is less costly. Mounds View Charter Commission Resolution 2007-Ole Final Markup format Date7/12/2007 Page 2 of 6 47 CHAPTER 12 48 MISCELLANEOUS AND TRANSITORY PROVISIONS 49 50 Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general 51 circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which 52 shall be published ordinances and other matters required by law for this Charter to be so published, as- 53 well as suchand any other matters as -the Council may deem ibis in the public interest to have published in this 54 manner. 55 56 CHAPTER 5 57 INITIATIVE, REFERENDUM AND RECALL 58 59 Section 5.01. Powers Reserved by the People. General Voter Authority*. The people of Mounds 60 View, reserve to themselves the powers have the right, in accordance with the provisions of this Charter, te- 61 initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the 62 electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the 63 initiative, the referendum, and the recall, respectively to propose ordinances [initiative] and to require that 64 any ordinance be referred to the voters [referendum], except those that appropriate money, levy taxes or 65 deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to 66 remove elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to 67 residents of the City of Mounds View who first register, or who have registered and are qualified to vote. 68 Per Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those 69 who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines are 70 attached as appendices at the end of this charter. In all cases, the Charter text shall take priority over the 71 appendices should there appear to be a discrepancy. 72 73 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be 74 sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose 75 names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed petition 76 may consistconsists of one or more papers, but each pages gathered together as a single document. Each 77 separately circulated paper page shall contain at its head, or attached thereto, the information specified in 78 sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer 79 shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring 80 Committee may obtain a sample petition from the Clerk -Administrator. The Clerk -Administrator shall 81 provide the number of signatures for petition sufficiency which is based on the total number of ballots cast 82 for President in the most recent Presidential election. All petition circulators must be voters of the City. 83 Each separate page of the petition shallmust have appended to it include a certificate signed and dated by 84 the circulator, verified by oath,. The certificate shall affirm that each signature appended thereto was made 85 in theifthe circulator's presence and that the circulator believes them the page to be -contain the genuine 86 signatures of the person voters whose names it -they purports to be. The person making the certificate shall 87 be a re ident efthe City and registered to vote. and that each signer was presented with the full petition. 88 Each signer of a petition must be a voter of the City and must sign and print their name and give their 89 street address. The completed petition shall be submitted to the Clerk -Administrator for review. Any 90 personvoter whose name appears on a petition may withdraw their name by filing a statement in writing 91 filed -with the Clerk -Administrator before saidthe Clerk -Administrator advises the Council of the 92 information related to the sufficiency of the petition or, if such completed petition is deemed insufficient 93 pursuant to this Charter, during any time period that additional signature papers are being circulated by the 94 Sponsoring Committee or reviewed by the Clerk -Administrator pursuant to Section 5.04. Consistent with 95 the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by 96 ordinance or resolution, the definition of a frivolous petition. 97 Mounds View Charter Commission Resolution 2007-0 l e Final Markup format Date7/12/2007 Page 3 of 6 98 Section 5.03. Determination of Petition Sufficiency. The committee shall file the completed 99 petition in the office of the Clerk Administrator. The required number of signers shall be at least fifteen 100 101 electors who cast their votes for president at the last presidential election. Immediately upon receipt of the 102 petition, the Clerk Administrator shall examine the petition as to its sufficiency and report to the Council 103 within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the 104 petition. 105 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least 106 the following: 107 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 108 the total ballots cast for President in the most recent Presidential election. 109 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 110 cast for President in the most recent Presidential election. 111 If all requirements have been met, the Clerk -Administrator shall report to the Council within ten (10) 112 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 113 sufficiency of the petition by resolution. 114 115 Section 5.04. Disposition of Insufficient or Iffeg+rlar Frivolous Petition_ If the Council determines 116 that the petition is insufficient or irregular, the Clerk Administrator shall deliver a copy of the petition, 117 together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty 118 , 119 that, in the case of a petition for recall, the committee may not change the statement of the grounds on which 120 the recall is sought. Within five days of receipt of the corrected petition, the Clerk Administrator shall again 121 report to the Council. If the Council finds that the petition is still insufficient or irregular, the 122 Clerk Administrator shall file the petition and notify the sponsoring committee. The final finding that the 123 petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor 124 shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or 125 special election. If the petition appears to be frivolous, the Clerk -Administrator shall report to the Council 126 within ten (10) calendar days of receipt of the petition. If the Council determines the petition is frivolous, 127 the Council shall direct the Clerk -Administrator to file the petition as frivolous and no further action shall 128 be taken. If the Clerk -Administrator determines that the petition does not meet the requirements for 129 sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement 130 of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar 131 days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall 132 have twenty-one (21) calendar days to file additional signature papers and/or to correct the specified 133 insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk- 134 Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and 135 shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the 136 Clerk -Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten 137 (10) calendar days that no further action will be taken. The final finding that the petition is insufficient 138 shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this 139 Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the 140 subject matter of the petition to the voters at the next regular or special election. 141 142 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 143 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 144 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 145 twenty (120) calendar days of a primary or general election and all of the county election requirements 146 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. If a 147 measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly 148 scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution Mounds View Charter Commission Resolution 2007-0 l e Final Markup format Date7/12/2007 Page 4 of 6 149 placing the measure on the ballot and calling for a special election to be held within one hundred twenty 150 (120) calendar days of said meeting. However, no special elections can be held between a regular primary 151 election and a regular general election or forty (40) calendar days after a regular general election. If there 152 is no regular primary election then no special election shall be held within sixty (60) calendar days prior to 153 a regular general election. 154 155 Section 5.05.06. Initiative*. An ordinance may be proposed by a -petition which shall state at 156 the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the 157 proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the 158 amended form by a statement filed with the Clerk Administrator within ten days of its passage by the 159 Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a 160 form acceptable to the majority of the sponsoring committee within sixty days after the final determination of 161 sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next 162 election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the 163 Council shall call a special election on the ordinance to be held within such period.. The exact text of the 164 proposed ordinance must be stated at the head of each page of the petition or attached thereto. The 165 petition shall be filed in the Clerk -Administrator's office prior to circulation and shall be valid for one 166 hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. 167 If a petition for initiative is determined to be frivolous, it is prohibited from being repeated within one 168 hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final 169 determination of the petition's sufficiency according to Section 5.03 and 5.04 of this Charter, the Council 170 must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure 171 on a ballot as provided in Subdivision 3. Any amendment to the proposed ordinance must proceed 172 according to Subdivision 2 of this section. If an ordinance is adopted, it shall become effective thirty (30) 173 calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption 174 fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a 175 proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative 176 within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for 177 a proposed ordinance shall not prevent the Council from proposing a similar ordinance. 178 179 Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without 180 amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption 181 process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined 182 in Section 5.07. 183 184 Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it 185 must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The 186 Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed 187 ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk- 188 Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council 189 must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the 190 ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the 191 Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as 192 amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the 193 referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, 194 as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is 195 approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot 196 measure. Mounds View Charter Commission Resolution 2007-0 l e Final Markup format Date7/12/2007 Page 5 of 6 197 Subdivision 3. If the ordinance is required to be put on a ballot, or if the Council chooses to submit the 198 ordinance as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this 199 Charter. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty 200 (30) calendar days after aEleptieficertification of the election results unless the ordinance specifies a later 201 effective date. If the majority does not vote in favor, the ordinance shall not be enacted. (Amended, Ord. 202 650, 8-16-2000) 203 204 Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected 205 to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text 206 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 207 completed petition in the office of the Clerk -Administrator at least ten (10) calendar days before the 208 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 209 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 210 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be 211 , 212 next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, 213 the Council shall call a special election to be held within such period, providing the petition has been found to 214 be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall 215 remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the 216 petition, it shall be considered repealed upon certification of the election results the Council must 217 immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote 218 of the public. The Council must also immediately pass a resolution to place the measure on a ballot as 219 provided in Section 5.05 of this Charter. If a majority of the -voters favors the ordinance contained in the 220 petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes 221 against the ordinance contained in the petition, it shall be considered repealed upon certification of the 222 election results. If the petition does not meet the requirements of sufficiency under the provisions in 223 Section 5.03 of this chapter and is determined not to be frivolous, the Council must adopt a resolution 224 suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee 225 will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the 226 specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the 227 ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is 228 declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective 229 date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned 230 in this section. (Amended, Ord. 651, 8-16-2000) 231 232 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City 233 may be initiated by petition. The voters of the City may request a recall vote of any elected official of the 234 City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 235 the name of the official whose removal is sought, the grounds for recall, constituting which shall be 236 malfeasance; or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and 237 the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such 238 The petition shall be filed in the Clerk -Administrator's office prior to circulation; and shall be valid for 239 one hundred eighty (180) calendar days during which time a completed petition with signatures must be 240 filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this 241 chapter, the Clerk Administrator shall transmit it to the Council without delay, and shall also officially notify 242 the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall 243 at its next meeting, by resolution, provide for the holding of special recall election within ninety days after 244 , 245 may in its discretion provide for the holding of the recall vote at that time. The Clerk Administrator shall 246 or the recall and, also in not 247 more than 500 words, the answer of the officer concerned in justification of their course of office. Mounds View Charter Commission Resolution 2007-0 l e Final Markup format Date7/12/2007 Page 6 of 6 248 The Clerk -Administrator shall notify the official sought to be recalled of the petition and proceed as 249 provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is 250 prohibited from being repeated within one year of the determination. If the Council declares the petition 251 sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 252 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected 253 official named by the petition may provide a response for their own course of action in not more than five 254 hundred (500) words. The Clerk -Administrator shall include with the published notice of the election, the 255 statement of the grounds for the recall and the response of the official concerned or a statement stating no 256 response was received. If a majority of those voting on the recall vote in its favor, it shall become 257 effective immediately upon certification of the election results. If the majority does not vote in favor, the 258 recall has failed and a petition for recall is prohibited from being repeated for that elected official for one 259 year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 260 herein shall apply to fill said vacancy. 261 262 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 263 any way affecting the right of the electors voters to propose amendments to this charter which can be 264 proposed in accordance with MN Statute 410.12, as amended. 265 266 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 267 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 268 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 269 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 270 some sort. Mounds View Charter Appendix C - Referendum Process Flow Diagram - Revision Date 7/12/2007 Form Committee of 5 to 10 members. Sec 5.02 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Deliver all required information to Clerk - Administrator at least —* 10 calendar days prior to Ordinance taking effect Sec 5.07 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk -Administrator. Sec 5.04 Within 10 calendar days of receiving completed petition, Clerk -Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Declare petition frivolous & notify Sponsoring Committee no further action 't will be taken. Sec 5.07 ♦ Council determined petition was frivolous ? Sec 5.02, 5.04 Yes No Is this the first time Petition Is being tested for Sufficiency ? Sec 5.03 Yes Have all requirements been met ? Sec 5.03, 5.04 Yes • Within 10 calendar days of receiving completed petition Clerk -Administrator reports to City Council - Sec 5.03 Have all requirements been met ? Sec 5.03, 5.04 Yes • Within 9 calendar days of receiving corrected petition Clerk -Administrator reports to City Council - Sec 5.04 • City Council must immediately adopt resolution/s declaring the petition sufficiency, suspending the Ordinance and placing the measure on a ballot. Sec 5.07 • 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 of those voting on the Ordinance vote in favor Sec 5.07 Yes COrdinance takes effect immediately unless a later date is specified in the Ordinance Sec 5.07 ♦ File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no \ further action will be taken. Sec 5.04 Ordinance fails and Is considered repealed. Sec 5.07 Mounds View Charter Appendix B - Initiative Process Flow Diagram - Revision Date 7/12/2007 Form Committee of 5 to 10 members and file a copy of the petition with the Clerk- Administrator prior to circulation. Charter Sec 5.02, 5.06 Obtain at least 15% of the number of votes cast for President, most recent election Sec 5.03 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk -Administrator. Sec 5.04 Within 10 calendar days of receiving completed petition, Clerk -Administrator notifies the City Council and / Sponsoring Committee of deficiencies. Sec 5.04 / Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.06 No Within 180 days of filing petition, Deliver All Required Information to Clerk -Administrator Sec 5.06 Council determined petition was frivolous ? Sec 5.02, 5.04 Yes City Counci offers an amendment ? Sec 5.06 City Council Chooses to place measure on a ballot Yes Yes • City Council immediately declares 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 Sponsoring Committee disapproves the amendment within 14 calendar days? Sec 5.06 Hold First Reading, schedule a public hearing pursuant to MN Stat. 410.12 and any additional requirements. Sec 5.06 Is this the first time petition is being tested for sufficiency ? Sec 5.03 Yes Have all requirements been met ? Sec 5.03, 5.04 Yes Within 10 calendar days of receiving completed petition Clerk -Administrator reports to City Council - Sec 5.03 City Council Chooses to place Measure on a ballot without amendment ? City Council pass Ordinance by majority vote ? Sec 5.06 Yes City Council Chooses to place measure on a ballot Yes • City Council must pass a resolution to place the measure on a ballot. Sec 5.05, 5.06. • Have all requirements been met ? Sec 5.03, 5.04 Yes Within 9 calendar days of receiving corrected petition Clerk -Administrator reports to City Council - Sec 5.04 File petition as insufficient and notify Sponsoring Committee within 10 calendar days that no further action will be taken. Sec 5.04 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 Ordinance vote in favor Sec 5.06 Yes Ordinance takes effect 30 calendar days after election unless a later date is specified in the Ordinance. Sec 5.06 Yes Yes Ordinance takes effect 30 calendar days after publication unless a later date is specified in the Ordinance Sec 5.06 Ordinance fails and process ends for this petition. Sec 5.06 Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen Referendum - Timeline Revision Date 7/12/2007 Referendum process pursuant to Chapter 5 Ordinance process pursuant to Chapter 3 Form Sponsoring Committee of 5 to 10 members f >= 10 days ►I Set a public hearing for proposed Ordinance Hold public hearing & First Reading >= 14 days not required to be in the same meeting First opportunity for referendum petition submission V 8 —17 days <= 28 days Submit completed referendum petition with signatures to Clerk -Administrator Clerk -Administrator provides a written report. The Council either determines the petition is frivolous; passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot; or passes a resolution delaying the effective date of the Ordinance 30 days to allow process completion. f � = 30 days >= 10 days Second Reading / adoption ►I Publication of Ordinance <= 21 days = 30 days Submit completed referendum petition with deficiencies corrected to Clerk -Administrator >= 9 days Council either, passes resolution/s for petition sufficiency, suspending the Ordinance and placing the Ordinance on a ballot, or directs the petition be filed as insufficient and the Ordinance takes effect. 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 <= 10 days Ordinance takes effect unless challenged by a non frivolous referendum petition H Ordinance takes effect unless referendum petition is sufficient See Appendix A Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall Revision Date 7/21/2007 Election Year Date of resolution to prepare for a ballot Date of regular primary election if scheduled. A special election may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. Date of regular general election. A special election may be scheduled concurrent with general election. Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. No Special Election If primary scheduled 60 days No Special Election 60 days No Special Election 40 days Max 120 days Non Election Year Date of resolution to prepare for a ballot Special election. If a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. Mounds View Charter Appendix E - Recall Process Flow Diagram - Revision, Date 7/12/2007 Form Committee of 5 to 10 members and file copy of petition stating the official's name and the grounds for recall with Clerk - Administrator prior to circulation. Charter Section 5.02, 5.08 • The Clerk -Administrator shall notify the official sought to be recalled of the petition Sec 5.08 Obtain at least 25% of the number of votes cast for President, most recent election Sec 5.03 Within 180 days of filing petition, deliver all required information to Clerk - Administrator Sec 5.08 Within 21 calendar days the Sponsoring Committee must submit corrected petition to Clerk -Administrator. Sec 5.04 ♦ Within 10 calendar days of receiving completed petition, Clerk -Administrator notifies the City Council and Sponsoring Committee of deficiencies. Sec 5.04 Declare petition frivolous & notify Sponsoring Committee no further action will be taken. Sec 5.08/ No 1 Council determined petition was frivolous ? Sec 5.02, 5.04 Yes No City Council must immediately pass a resolution declaring sufficiency and placing the item on a ballot. Sec 5.03, 5.08 Is this the first time petition is being tested for Sufficiency ? Sec 5.03 Yes Have all requirements been met ? ,,Sec 5.03, 5.04 Yes • Within 10 calendar days of receiving completed petition Clerk -Administrator reports to City Council - Sec 5.03 Have all requirements been, met ? Sec 5.03, 5.Og/ Yes • Within 9 calendar days of receiving corrected petition Clerk -Administrator reports to City Council - Sec 5.04 • The official shall be allowed 14 calendar days to provide a response in not more than 500 words. Sec 5.08 Prepare for ballot within 120 days of City Council passing a resolution to place the item on a ballot. Sec 5.05, 5.08 Did a majority of those voting on the recall vote in Favor Sec 5.08 Yes • /-The official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 Declare petition terminated due to insufficiency & notify Sponsoring Committee no further action will be taken. Sec 5.04 Recall fails. Sec 5.08 Item No: 7A Meeting Date: April 13, 2009 Type of Business: CB & PH Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk -Administrator Item Title/Subject: Public Hearing to Consider the First Reading and Introduction of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" Background: The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. According to Subdivision 1 of Section 7.03, any fee increased beyond the limits established shall be put to a vote of the residents at a general or special election. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for a public hearing and first reading on April 13, 2009, with a second reading and adoption presently scheduled for April 27, 2009. Recommendation: Staff recommends the City Council hold the public hearing and approve the first reading and introduction of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Respectfully submitted, s3 Comm EtiluAzeiN James Ericson Clerk -Administrator City of Mounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-02d Mounds View Charter Commission Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Mounds View Charter, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and stricken fie. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric), dministrativc offence Fees, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specifically excluded in Section 7.03 Subd. 3b. b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee, park or recreational participation fees, charges for photo -copying, sales of municipal liquor store products, Building and Zoning Permit or Inspection and Planning fees, or civil, criminal and banking fines and other charges collected in cases of restitution or violation of law or contract. The term "fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television scrvicc franchise fees, annual license fees for the operation of a regulated business, �y lla sous fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citi or other• tubers rthc public which is la" 'st be limits to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost or the ser, ke being rro- ided. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee, excluding the annual recertification of the utility franchise fee. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 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 7, Section 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for gas and electric), Administrative -offenses and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specifically excluded in Section 7.03 Subd. 3b. b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee, park or recreational participation fees, charges for photo -copying, sales of municipal liquor store products, Building and Zoning Permit or Inspection and Planning fees, or civil, criminal and banking fines and other charges collected in cases of restitution or violation of law or contract. The term "fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television -service franchise fees, annual license fees for the operation of a regulated business, and a„y miscellaneous fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to s citizens r other members the p c w, ch, by law, must be limited to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost of the service being provided. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or feel excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk -Administrator (SEAL)