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HomeMy WebLinkAboutCharter Resolution 2006-07Resolution No. 2006-07 City ©f Mounds View Charter Commission Mounds Dated August 15, 2006 VieV Draft 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 Charter Commission caused confusion or seem to be semantically incorrect. Chair The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, Jonathan J Thomas recommends the following amendments by the addition of the bold and double underlined 763-784-5205 language and by the deletion of the language. The Mounds View Charter Commission requests the Vice Chair City Council adopt by ordinance those items it is in unanimous agreement with. We also request Bill Doty a response within 60 days with recommendations for modifications to any item that the City 763-786-3421 Council deems not acceptable as presented. 2.d vice Chair Charter Commission Objectives: Jean Miller 1. Throughout the Chapter clarify Mounds View resident terminology usage so 763-786-3959 that references are more consistent rather than having references to "people of Mounds View", "registered voters", "citizens of Mounds View", and Secretary "Voters". Brian Amundsen 2. Section 5.01 define the term "voter". 763-786-5699 3. Section 5.02 define committee as "Sponsoring Committee", its size and Matthew Eenigenburg membership requirement, and petition signer requirement. 763-783-7216 4. Section 5.03 clarify the process and requirements for sufficiency. 5. Section 5.04 clarify the process for insufficient petitions. Carol Mueller 6. Section 5.05 clarify the process for Initiative and process time line. 763.780.1251 7. Section 5.06 correct "electors" to "voters". Barba a Barbara Thomas 8. Section 5.07 correct "into operations" to "enactment", correct "electors" to 6 "voters", assure Chapter 4 applies to setting of election ballot. 9. Section 5.08 clarify requirements for "Recall", time line for actions of Clerk - William Werner Sr Administrator, council member, and Council. 763-784-3603 10. Through -out the Chapter change Clerk/Administrator to "Clerk -Administrator" 11. Improve and clarify the readers ability to understand the process, required steps, and time line for circulating and submitting a petition to the City. 12. Improve the Chapters time elapse definitions to calendar days. The sections recommended for consideration with this resolution are attached by section and recommended for adoption individually or as a group at the discretion of the Mounds View City Council. Respectfully submitted, J Thomas, Chair Brian R Amundsen, Secretary Mounds View Charter Commission Resolution 2006-07 Chapter 5 Amendments CHAPTER 3 COUNCIL PROCEDURE Date: 08/20/2006 Page 2 of 8 Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance, except an emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen days shall elapse between its introduction and final adoption. Every ordinance must contain a specified effective date as noted in Section 3.09 of this Charter. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk -Administrator. Every ordinance shall be published at least once in the official newspaper as som as praetieable no earlier than 7 calendar days nor later than 14 calendar days from the date of passage, either in its complete form preceded by a summary of its contents or as a title and summary! The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight -point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four -fifths vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk -Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk -Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. 1 It is the intent of the Charter Commission that the Council will determine which is less costly. City of Mounds View Mounds View Charter Commission Date: 08/20/2006 Resolution 2006-07 Chapter 5 Amendments Page 3 of 8 Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty days after its publication or at such later date as it specifies unless challenged by a petition for referendum. In the event of a petition for referendum; the City Council must suspend the effective date of the Ordinance as specified in Section 5.07 of this Charter. CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. Powers Reserved by the The people of Motmds View reserve to themselves the powers in aeeordanee with " � i i ts of this Ghallef to initiate and adopt- ordinanees and jresolwions, to require measufes passed by the Gouneil to be JrefelTed to the eleetor for approval or disapproval, and to ireeall eleeted pt+lie offieials. These powef s shall be ealled General Voter Authority*. The j2eoIn e 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). exce t those that ro riate money, levy taxes or deal with administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove elected public officials [recall). The term voter(s), as used in Chanter 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 signthe et}i ition is not restricted to onlv those who were eligible to or did cast ballots in the previous election. For larity flow charts and a referendum time line are attached to the end of this cha tyer. Section 5.02. Genera' ~R ~ Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registef 5 to 10 members who are voters of the City and whose names and addresses -4taRmust appear on the petition -.-as the Sponsoring Committee. A petition may eenistconsists of one or more papers, but nagg with each separately circulated paper - shall eonAainpage containing at its hea „ or attaefted thefeto the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. .Eaeh signer shall be a f egistefed votef of the City and shall sign their name and give theif street The Committee may obtain a sample petition from the City Clerk -Administrator. The Clerk -Administrator shall provide the number of signatures for petition sufficiency which is the total ballots cast for President in the most recent Presidential election. All petition circulators must be voters of the City. Each separate page of the petition skal4must have appended to it a certificate by the circulator, verified by oath,. The certificate shall affirm that each signature was made in tkei-rthe circulator's presence and that the circulator believes them to be the genuine signature of the persenvoter whose name it purports to be. The persott making the eertifieate shall be a resident ofthe City and fegisteired to ve4e�. and that each signer was presented with the full petition. Each signer of a Detition must be a voter of the Citv and must sien and print their name and izive their street address. Any pefsonvoter whose name appears on a petition may withdraw their name by El a statement in writing €ded-with the Clerk -Administrator before satidthe Clerk -Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Petition Sufficiency. The eatrx.1i#ee shall file the eampleted City of Mounds View Mounds View Charter Commission Date: 08/20/2006 Resolution 2006-07 Chapter 5 Amendments Page 4 of 8 Rhe offiee ofthe Clerk Administrator. _47_71ft-IZ7�qtiired number of signers shall be at least fifteen pereet-A for itiitia4ive and Fef-eirendum, and Fof Feeall, a4 least twenty five pereet-A of the total nttn+ejr of eleetors who east their votes for pfesident at the last pfesidential eleetion For a petition to be sufficient; it must meet the requirements set forth in section 5.02 and contain at least the followin-: -Petitions for Initiative and Referendum require signatures of at least 15 percent of total ballots cast for President in the most recent Presidential election. -Petitions for Recall require signatures of at least 25 percent of total ballots cast for President in the most recent Presidential election inmnediately Within 10 calendar days of receipt of the petition, the Clerk -Administrator shall examine the petition a determine if its sufficiency and repoft to the Gouneil within ten days7.-Ka be declared by the City Council. Upon final determination. the Clerk -Administrator shall report the date of the determination and its sufficiency to the City Council. Upon receipt of the report, the City Council shall determine by resolution the sttffieieney of the petitim immediately declare the sufficiency of the petition by resolution, includingthe reported date of determination of sufficiency. Section 5.04. Disposition of Insufficient or Irregular Petition. if th. GO reil detet-- roes petition, together with a wFitten statement of its def�ets, to the sponsoring eonvr�ttee. The eonunittee shall have - thirty days in whieh to file additional i - I . . ers and�or to eotTeet the petition itt all other peAiettlars, exeept that, in the ease of a petition for feeall, +e eommittee may not ehange the statement of the grounds on whieh the reeall is sougW. Within five days of reeeipt of the eorreeted petition, the Elerlf- instffieient or irfegulaf, the Glerk Administrator shall file the petition and notify th . . - eotrdniftee. The final finding that the petition is insuffieient or ifregulaf shall not prejudiee the filing ofa- petition to the voters at the next regulaf of speeial eleetion. If the Clerk -Administrator determines that the petition cannot meet the requirements for sufficiency, a cop of f the petition, together with a written statement of its defects. shall be delivered to the sponsoring committee and to the Citv Council within 10 calendar days. As specified in this Charterthe committee shall have the opportunity to file additional signature papers and/or to correct the specified irre u�ty. Within 9 calendar days of receipt of the corrected petition. the Clerk -Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient or irregular. the City Council shall pass a resolution of insufficiency and this shall be considered the Final Finding. The Clerk -Administrator shall file the petition as noted and notify the sponsoring committee within 10 calendar days that no further action - ill 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 unless otherwise specified within this Charter. 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 w-. W M. passes City of Mounds View Mounds View Charter Commission Resolution 2006-07 Chapter 5 Amendments Date: 08/20/2006 Page 5 of 8 oirdinanee in a form aeeeptable to the maj ofity of the sponsofing eommittee within sixty days aftef finet! determination of sttffieieney of the petition, the ofdittan . . 11y proposed shall be plae the filing of the petition, the Gotmeil shall eall a speeial eleetion on the ofdinanee to be held with' stieh period. 1fa majoirity ofthose voting on the ofdinanee vote in its firvor, it shall beeome effeettilve thirty days aftef adoption tmiess the ordinanee speeifies a later effeetive date. (2Ainended, 0fd. 650-,- 8 16 20004, The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The committee must file the completed petition in the office of the Clerk - Administrator at least 10 calendar days before the ordinance takes effect. The petition once filed with the Clerk -Administrator shall be valid for 180 days during which time a completed petition with signatures must be filed. Within 60 calendar days after final determination of the petition's sufficiency under the provisions of Section 5.03 and 5.04 of this Charter. the Council may either hold a first reading of the ordinance, as defined in Section 3.05 of this charter, and proceed with the normal ordinance adoption process, which does not exclude the referendum process as defined in Section 07, or impose an amendment to the petitioned ordinance. If an amendment is imposed by a majority vote of the Council and presented to the petition committee, the petition committee has 14 calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk -Administrator. 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 proposed amendment, or should the petition committee agree to the amendment, the ordinance shall be scheduled for a public hearing pursuant to MN Statute 410.12. If the ordinance receives a majority vote of the Council in its favorit shall become effective 30 calendar days after adoption unless the ordinance specifies a later effective date. If the amendment is required to be put on a ballot and there is no regularly scheduled election within 120 calendar days of the statement of disapproval. or if the calendar date prohibits comliance 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 a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after certification of the election results unless the ordinance specifies a later effective date. If the majority do not vote in favorthe ordinance shall not be enacted. If the petition committee does not file a disapproval statement to a imposed amendment. the Council shall hold a first reading of the amended proposed ordinance and proceed with the normal adoption process, which does not exclude the referendum process as defined in Section 5.07. If the Council does not approve the ordinance, it must follow the aforementioned balloting_ process. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the eleeters-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, or attached thereto, the exact text of the measure to be considered by the ek e-voters. The committee must file the completed petition in the office of the Clerk -Administrator at least 10 calendar days before the ordinance takes effect. If the petition is found to be sufficient under the provisions of Section 5.03 of City of Mounds View Mounds View Charter Commission Date: 08/20/2006 Resolution 2006-07 Chapter 5 Amendments Page 6 of 8 this chapter, the said ordinance shall thereby be prevented from eratton, eleetion to be held within stteh Period, pfoviding the petition has been Found to be suffieient. enactment and the City Council must adopt a resolution suspending the effective date of the Ordinance until it is decided by a vote of the public and complete the following courses of action within 150 days of determination of sufficiency. 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 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, :t shall remain i e ff et. it shall take effect immediately unless the ordinance specifies a later date. If a majority of the eleetors voting- thefeon-votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition cannot meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution suspendingthe effective date of the Ordinance for 30 calendar days and the sponsoring committee will have 21 calendar days in which to file additional signature papers and/or to correct the specified irre l�a�rity according to Section 5.04. If the Final Finding is that the petition is insufficient. the Ordinance shall take effect on the date declared -by -the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a resolution suspending the effective date of the Ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this section. =(Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. the City may be initiated by petition. The voters of the City may request a recall vote of any elected official of the City bypetition. The petition shall state at the head of each page, or attached thereto, the name of the o freefofficial whose removal is sought, the grounds for recall,, whieh shall be malfeasanee,-M s f asmee or of asme . in Ffiee, constituting malfeasance or misfeasance. in not more than 250 words, and the intention of the sponsoring committee to bring about the official's recall.—StehEh"etition shall be filed in the Clerk -Administrator's office prior to circulation. If the petition or amended petition is found determined sufficient under the provisions of Section 5.03 of this chapter, the Clerk -Administrator shall transmitsubmit it to the Council without dew as required. The Clerk -Administrator shall also officially notify the persorrofficial sought to be recalled of the sufficiency of the petition and of the pending action within five working days. 4-1 within ninety days aftef stteh meeting, exeept if any othef eleetion is to oeettf within ninety day peri after stteft meeting, the Gotmeil may in its diseretion provide for the holding of the f eeall vote at th titne. The Glerk Administra*f shall ine�dde with the published notiee of the eleetion the statement of the grounds for the reeall and, also in not tnofe than 500 wofds, the answer of the offieer eoneemed in Within five working days of notification, the elected official named by the petition may provide an answer for 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. City of Mounds View Mounds View Charter Commission Resolution 2006-07 Chapter 5 Amendments Date: 08/20/2006 Page 7 of 8 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 maiority of those voting on the recall vote in its favor, it shall become effective immediately upon certification of the election results. If the maiority do not vote in favor. the recall has failed. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. City of Mounds View Mounds View Charter Commission Resolution 2006-07 Chapter 5 Amendments Date: 08/20/2006 Page 8 of 8 *Minnesota courts have limited the rowers of initiative and referendum to ordinances which are legislative in character. General legislative acts lay down some permanent and uniform rule of law. administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the product of investigation and deliberate human judgment based upon evidentiary facts of some sort. City of Mounds View