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HomeMy WebLinkAbout2025 03-18 Packet M U-N-Di VIEW Joint Meeting of Council and Charter Commission Charter Mounds View City Hall Commission 6:30 PM Tuesday, March 18, 2025 Preliminary AGENDA Chair 1. Call to Order. Russell Warren 763-786-3591 2. Roll Call. Vice Chair _Brian Amundsen Edeth James Matthew Meehan Rebecca Scholl Karen Mills Jerry Peterson Gary Quick 651-503-3999 Rebecca Scholl Amber Urlacher Russell Warren 2°d Vice Chair _Zach Lindstrom _Julie Clark _ Sherry Gunn Jerry Peterson Gary Meehlhause _Kathryn A. Smith 612-607-3953 Secretary 3. Approval of Agenda Brian Amundsen a. Review and approve Agenda. 763-786-5699 4. Citizen Comments from the floor. Assistant Secretary Karen Mills �0 952-913-7774 5. Joint Business. a. 25 min. Self introduction of each member. Edeth James b. 35 min. Discussion of the city charter as a whole and 763-443-5655 Chapter 4 Nominations and Elections —4.05 Vacancy Matthew Meehan appointment allowance language. 763-221-1436 6. Next Charter Commission meeting is March 18, 2025, at 7:30 PM. Gary Quick Next Council Meeting is March 24, 2025, at 6:00 PM. 763-786-4631 7. Adjournment. Amber Urlacher 612-859-9082 MOUNDS VIEW CHARTER COMMISSION MEETING Charter Mounds View City Hall Commission 6:30 PM Tuesday, March 18, 2025 Preliminary AGENDA Chair 1. Call to Order. Russell Warren 763-786-3591 2. Roll Call. Vice Chair _Brian Amundsen _Edeth James _Matthew Meehan Rebecca Scholl Karen Mills Jerry Pet son Gary Quick 651-503-3999 Rebecca Scholl Amber Pet Russell Warren 2nd Vice Chair 3. Approval of Agenda and Minut Jerry Peterson Jerry Peterson a. Review and approve Agenda. b. Review and approve January 21, Yeeting Minutes. Secretary Brian Amundsen 4. Citizen Comments fr the or. 763-786-5699 Assistant Secretary 5. Reports of the Ch Karen Mills 952-913-7774 6. Reports of Members. Secretalf R of webs e updates. Edeth James 763-443-5655 7. Unfinished Business. Matthew Meehan a. 20 min. Discussion of Chapter 4 Nominations and Elections — 763-221-1436 4.05 Vacancy appointment allowance language. Gary Quick 8. New sine 763-786-4631 Amber Urlacher Amber Urlac 9. Next Regu ing Date. Tuesday, May 20, 2025, at 6:30 PM. Adjour t. Mounds View Charter Commission Minutes DRAFT Tuesday, January 21, 2025 1. Call to Order. Regular meeting came to order at 6:31 PM. 2. Roll Call. Present: B.Amundsen, K. Mills, J. Peterson, R. Scholl,A. Urlacher, R. Warren Excused: M. Meehan 5 Absent: E. James, G. Quick Also present: Council Liaison Gary Meehlhause 3. Approval of Agenda and Minutes. A.Approve Agenda. 10 Chair R. Warren introduced the Preliminary Agenda. Discussio requested. R. Scholl asked to extend 7A to 30 minutes. Chair R. Warren asked for the agenda be a ted as amended. MOTION,by R. Scholl, and seconded,by K. Mills, to approve the agenda ended. Motion Adopted 6-0 B.Approve Minutes. 15 Chair R. Warren asked for review of the Secretary's November 19, 2024, eting Minutes. Discussion occurred for typo's. MOTION,by B.Amundsen, and seconded,by J. P erson, to approve the Meeting Minutes as amended. Motion Adopted 6-0 4. Citizens Comment from the Floor. 20 None presented. 5. Reports of Chair. Chair R. Warren announced that the commissi annual report to the court was filed. l 25 6. Reports of Members. Secretary B.Amundsen reported that American Leg p ate of the Charter is still pending for the website, and further, that each member received an att ance report of 2024/25 for their own tracking. Also, B.Amundsen sent the courts record of appoint is to all members. Commissioner J. Peterson ask for the status of "How to change the charter" document for posting on the 30 website. City attorney has reported that he was working on it, but it's not yet ready for the website. Commissioner R. Scholl reported that when searching the website, the commission court contacts aren't correct. She was asked to contact the city web master about a possible search function error. f 7. Unfinished Business. 35 A. Discussion of Chapter 4 Nominadis and Elections—4.05 Vacancy appointment allowance. Chair R. Warren requested the Secreta o provide status of this issue. B.Amundsen reported that the Commission tabled the issue in Novem er 2024 for further discussion at this meeting. R. Scholl reported on research and provided some materials. Discussion occurred with council liaison Gary Meehlhause, who provided his thoughts of the Council's September 2024 discussion. The Council 40 discussion was about four items: a) expanding the list of potential persons, b)who will contact the proposed replacement person and how much time is allowed for a response (reasonable amount of time not to exceed one week), c) can whoever accepted be an automatic appointment, and d) what is the total elapsed time of when the vacancy by appointment would occur. Chair R. Warren directed that the commissions original resolution, along with the city attorney's September 19, 2024, memorandum, be 45 sent to all commissioners until this topic is settled. Chair R. Warren asked the Secretary to invite the city attorney to the next commission meeting to clarify the city attorney's memorandum issues. Additionally the Commission would like to ask if an election notice can be issued about an potential or expected vacancy if a council member was running for mayors office during the council members 2 year, and does the Council have to approve any vacancy appointment? Page 1 of 2 Mounds View Charter Commission Minutes DRAFT 5 Tuesday, January 21, 2025 50 8. New Business A. Bylaws Elections of Officers. Chair R. Warren opened the election discussion by asking the Secretary to read the Commission's Bylaws for electing officers. Chair R. Warren recommended that the Commission elect each office in the order of Chair,Vice Chair, 2'Vice Chair, and Secretary. Chair R. Warren asked if each current officer was willing to serve again. B.Amundsen stated he was willing to 55 serve, but the Commission would need to suspend the rules to allow for an extra term beyond the Bylaw allowance, which he has now fulfilled. MOTION, by R. Scholl, and seconded,by J. Peterson, to temporarily suspend the rules to allow a person interested in serving a seventh term in any position on this commission. Discussion occurred. Motion Adopted 6-0 60 Chair R. Warren opened the floor for nominations for Chair. choll nominated R. Warren as Chair. No other nominations being made after three requests, Chair R. n declared R. Warren duly elected 4Chair,per Robert's Rules of Order when no contest is pres e it may declare the office filled. Chair R. Warren opened the floor for nominations for Vice Chair. R. Sch ominated R. Scholl as Vice 65 Chair. No other nominations being made after three requests, Chair R. W en declared R. Scholl duly elected Vice Chair. Chair R. Warren opened the floor for nominations for 2nd Vice Chair. J. Peterson nominated J. Peterson as 2nd Vice Chair. No other nominations being made after three requests, Chair R. Warren declared J. 70 Peterson duly elected 2nd Vice Chair Chair R. Warren opened the floor for nominations for Secretary. R. Scholl nominated B.Amundsen as Secretary. Discussion occurred. No other nominations being,nade after three requests, Chair R. Warren declared B.Amundsen duly elected Secretary. 75 Secretary B.Amundsen read the Bylaws' allowance fo d duties of an Assistant Secretary. Then asked if either of the other commissioners present ere willi to be elected. Karen Mills said she was willing to serve in that position. MOTION, by B.Amundsen, and seconded, y R. Scholl, that Karen Mills be designated Assistant 80 Secretary of the commission. Motion Adopted 6-0 B. Joint Meeting with Council members. Ch r R. Warren introduced a joint meeting invitation. MOTION, by B.Amundsen, seconded, R. Scholl, that the commission send a memo of understand that we have a joint comma ion and council meeting on March 18, 2025, at 6:30 PM. 85 Discussion occurred. Chair R. Warren as that the council put in writing their concerns. Motion Adopted 6-0 9. Next Regular Meeting. The next regular meeting of the Co mission is March 18, at 6:30 PM, following the joint meeting. 90 10. Adjournment: With no other items for the Commission to consider, Chair R.Warren adjourned at 7:48 PM Respectfully submitted, Brian Amundsen, 95 Secretary, Charter Commission of Mounds View MN Page 2 of 2 Mounds View Charter Commission Minutes —APPROVED Tuesday,November 19, 2024 1. Call to Order. Regular meeting came to order at 6:30 PM. 2. Roll Call. Present: B.Amundsen, E. James, M. Meehan, K. Mills, J. Peterson, G. Quick, R. Scholl,A. Urlacher, R. Warren Excused: Absent: Also present: Council Liaison Gary Meehlhause, City Administrator Nyle Zikmund, Council member Julie Clark 3. Approval of Agenda and Minutes. A.Approve Agenda. Chair R. Warren introduced the Preliminary Agenda and asked for any discussion or changes. Hearing none Chair R. Warren asked for the agenda to be adopted. MOTION,by M. Meehan, and seconded,by A. Urlacher,to approve the agenda as presented. Motion Adopted 8-0 B.Approve Minutes. Chair R. Warren asked for review of the Secretary's July 16, 2024, Meeting Minutes. MOTION,by G. Quick, and seconded,by J. Peterson, to approve the Meeting Minutes as amended. Motion Adopted 8-0 4. Citizens Comment from the Floor. None presented. E. James joined the meeting at 6:35 PM. 5. Reports of Chair. Chair R. Warren welcomed new commission members Karen Mills and Amber Urlacher. 6. Reports of Members. Secretary B.Amundsen reported that he has spoken with Barb Bensch about the city website's charter commission information. The website has the 2023 Charter version, which is updated through 2022 amendments. Ms. Bensch is pursuing a response from American Legal of when the additional 2023 amendments will be available for posting on the website.Additionally, the site does not have the methods for amending the charter. City Administrator Zikmund approved the Secretary work directly with Ms. Bensch to pursue both answers. 7. Unfinished Business. A. Status report on Resolution 2024-06 Chapter 4 Nominations and Elections—4.05 Vacancy appointment allowance. Chair R. Warren requested the secretary provide status on the amendment. B.Amundsen reported the Council had taken the amendment up on 9/3/2024 and 9/23/2024 and had rejected the amendment. B. Amundsen recommended all commission members review the video log for both meetings to understand the reasons the amendment was not approved. There is in the packet this evening a Kennedy and Graven Memorandum of September 19, 2024, from Joe Sathe to the Council answering some questions the Council posed on 9/3. City Administrator Zikmund spoke to the commission that the council was looking for clarity of language, and the council not to vote on the appointment when a vacancy occurs but for it to be more automatic. MOTION,by R. Scholl, and seconded, by E. James, to table further discussion until 2025 since the allotted time for this item is expired. Discussion occurred. Motion Adopted 9-0 Page 1 of 2 Mounds View Charter Commission Minutes —APPROVED Tuesday,November 19, 2024 8. New Business A. Bylaws Review. Chair R. Warren asked for review of the bylaws by members. Secretary B. Amundsen added that the bylaws are to be reviewed by the commission every two years and this fulfills that duty. He also stated that the bylaws are available on the website, which is the current version and no longer has the charter amendment method summary in the last section. Chair R. Warren asked if there were any member suggestions for changes and not hearing any he would move to the next agenda item. No suggestions were discussed. B.Amundsen added that amendments usually are proposed at one meeting and approved at the next,to allow all members time to consider the change. B. Chairs Annual Report to the Court. Chair R. Warren presented the report for review. J. Peterson identified numerous spelling errors and a date error. Chair R. Warren asked if there were any other content information the commission wished included. Not hearing any and directing the secretary to make the needed amendments the letter will be filed with the court by end of year. C. Resolution 2024-07 Appreciation for Dennis Erickson. Chair R. Warren presented the resolution as an appreciation for Dennis Erickson's service on the commission over the years. B.Amundsen suggested two amendments to properly name the commission in opening paragraph and shorten it in the second paragraph, and change date 2019 to 2020 and asked that they be included in approving the resolution. MOTION,by J. Peterson, and seconded,by G. Quick, to adopt resolution 2024-07 as amended.Not hearing any further discussion. Motion Adopted 9-0 D. Resolution 2024-08 Setting 2025 Meeting Dates. Chair R. Warren asked the commission to review the resolution and discuss the dates. Discussion that the dates were verified as being correct for the third Tuesday of every other month by two commissioners. MOTION,by B.Amundsen, and seconded,by R. Scholl, to adopt 2024-08 setting the 2025 meeting dates as every third Tuesday of every other month.No discussion offered. Motion Adopted 8-0 (G. Quick had stepped out of the meeting.) E. Correction to Commission Member list for terms served. R. Scholl asked to modify the agenda and add a request the Secretary send a correction for terms served to the Court. She believed that B. Amundsen is on his fifth term, although there was a partial. B.Amundsen said J. Peterson believed he also served a partial term starting in April of his appointment year. He also said the document is the Court's document and was unsure how they track partial versus full terms, but would contact the clerk to make any needed corrections. R. Scholl said she just wanted to make sure service time was recognized. 9. Next Regular Meeting. The next regular meeting of the Commission is January 21, 2025, at 6:30 PM. Secretary B.Amundsen said he recorded two items for the next meeting, specifically election of commission officers and discussion of council vacancy appointments. 10. Adjournment: With no other items for the Commission to consider, Motion, by R.Warren, to adjourn. Chair R. Warren adjourned the meeting at 7:50 PM. Respectfully submitted, Brian Amundsen, Secretary, Charter Commission of Mounds View MN Approved by Charter Co sion, on ovember 19, 2024. Attesting, Brian Amundsen, Secretary, Charter Commission of Mounds View, MN Page 2 of 2 RESOLUTION NO.2024-06 MOUNDS VIEW CITY OF MOUNDS VIEW CHARTER COMMISSION Charter Commission COUNTY OF RAMSEY STATE OF MINNESOTA Chair RESOLUTION RECOMMENDING AMENDMENT OF THE Russell Warren MOUNDS VIEW CHARTER BY ORDINANCE 763-786-3591 Vice Chair WHEREAS, the City of Mounds View (the "City") is governed by a home Rebecca Scholl rule charter pursuant to Minnesota Statutes, chapter 410; and 651-503-3999 WHEREAS, the City's charter commission (the "Commission") has the 2" Vice Chair authority under Minnesota Statutes, section 410.12, subdivision 7, to recommend Jerry Peterson amendments to the City's charter; and 612-607-3953 WHEREAS, after discussion and deliberation, the Commission has Secretary determined that Chapter 4 Nomination and Elections, Section 4.05, Subdivision 1, 4, 5 Brian Amundsen and 6 of the City's home rule charter should be amended, and it desires to recommend 763-786-5699 such amendment to the City Council; and Dennis Erickson WHEREAS,the Commission requests that the City Council and within 30 612-270-5293 ty respond days with any questions regarding or clarifications to the suggested amendments or if Edeth James the City Council is not in unanimous agreement with the Commission's 763-443-5655 recommendation. Matthew Meehan NOW THEREFORE BE IT RESOLVED by the Mounds View Charter 763-221-1436 Commission that it is recommended that sections 7.04 and 7.05 of the Mounds View City Charter be amended by ordinance, in the form attached hereto as Exhibit A 2024- Aaron Pratt 06, to be enacted by the City Council of the City of Mounds View pursuant to 612-743-7494 Minnesota Statutes, section 410.12, subdivision 7. Gary Quick Passed and adopted at a regularly scheduled meeting of the Mounds View Charter 763-786-4631 Commis s' on July 16, 2024. By o�olpvlu— Russell Warren, Chair ATTEST: rhaf AwfukqsLen ecretary Resolution 2024-06 rev 20240716 page I of 4 EXHIBIT A 2024-06 ORDINANCE NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTIONS 4.05 OF THE CITY OF MOUNDS VIEW CHARTER PERTAINING TO VACANCY OF MUNICIPAL ELECTED OFFICE THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Background; findings; authority. 1.01. The city of Mounds View("City") is governed by a home rule charter(the"City Charter"), adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, chapter 410 (the"Act"). 1.02. The Mounds View Charter Commission has proposed the adoption of an amendment to section 4.05 of the City Charter (the "Amendment") and recommended to the City Council that the Amendment be adopted by ordinance in the manner prescribed by section 410.12, subdivision 7 of the Act. 1.03. A public hearing on the Amendment was held on , 2024 by the Mounds View City Council after published notice containing the text of the Amendment, as required by the Act, and all persons desiring to be heard with reference to the Amendment were heard at said public hearing. 1.04. The Mounds View City Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section 2. Adoption: effective date; filing. 2.01 The Mounds View City Charter is hereby amended by adding the double-underlined language and deleting the strieke language as follows: Section 4.05 Section 4.05. Vacancy of Municipal Elected Office. Subdivision 1 Vacancy when 365 days or more remain in term. a. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office,there shall be a special election held to elect a successor to serve for the remainder of the unexpired term of the vacated office. The special election shall be held at the next uniform election date specified in Minnesota Statute 205.10, subd 3a, as it may be amended from time to time, for which all legal requirements for special elections can be met by the City. (The determination of vacancy is found in Chapter 2, Section 2.05 Vacancies.) (Amended 2005 o 748; 2023 o 995; 2023 o 996.) b. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office and the special election date of subdivision 1 a is not within 130 days after the date of Council's vacancy declaration. the Council, after passage of the resolutions of vacancy and special election date. shall within 30 days and by majority vote appoint a successor using the Resolution 2024-06 rev 20240716 page 2 of 4 method in subdivision 1 c. In case of a tie vote of the Council,the mayor shall make said appointment by the same method as in subdivision I c. The appointed successor may continue to serve until a successor is elected and qualifies. If none of these persons are willing to serve then the position shall remain vacant until a special election candidate is elected and qualifies. c. The appointment shall be made from the following commissions positions in the order listed, unless that person is unwilling to serve or not qualified to serve: first the Mounds View Charter Commission chair: second the Mounds View Planning Commission chair: third the Mounds View Parks Recreation and Forestry chair, fourth the Mounds View Charter Commission vice-chair. In the case of vacancy of the mayor term the appointed person shall serve as a member of the council and the acting or vice mayor will continue to serve as mayor, for emergency powers,until the succesor mayor is elected and qualifies. While serving on the council the appointed person shall be excused from and shall not participate in their appointed commission position. The person will regain their commission position for the remaining term of their appointment to the commission. The appointed council position will expire when the successor is elected and qualifies Subdivision 4. Vacancy when fewer than 365 days remain in the term. in the ease of a vaeaney whefe there remains less than 3 65 days in the uttexpifed tem, the Gotmeil shall by a majority vote appoint a sueeessor to server the remainder of the said term. in the ease of a tievote of the Gotineil,the mayor shall make said appointment. SubdivisionG a. When a vacancy in an elected municipal office occurs where there are fewer than 365 days in the term an '2r130-days prior to a regular municipal election date,the special election to fill the vacancy shall coincide with the regular election. If the vacancy occurs after the last day to file for candidacy prior to the regular election date,the notice of such vacancy shall be published as soon as is practicable. If within the 449130-day period before a regular municipal election,the vacancy occurs in the office of the mayor or in the office of either or both of the council members whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of calling a special the election. Candidates filing a vacancy shall take office at the next regularly scheduled council meeting following election and qualification. b. In the case of a vacancy where there are fewer than 365 days in the term,the Council shall by a majority vote appoint a successor by the same method as subdivision lc above to serve the remainder f the term. In the case of a tie vote of the Council,the mayor shall make the appointment by the same method in subdivisioin 1 c. -(Amended 2005 o 748) cotmeil membem, the seat shall befilled by the eattdidatefor cottiteil member with the third hig�t vote tota�, oi; in the ease qfhvo (2) vaeaneies, the thin,4 andfow-th highest vote tota�s. 4%ere hvo (2)- vacancies exi�f, Me eanditAate with the thiti,4 hi�g�t total shallfill the vaeaney in the office having the longest tmexpired term. Gatididatesfilittg a vacaney shaY take office at or before the ttext Subdivision 65. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal officefsj,the Council shall by majority vote fill said officefs)by appointment as defined in subdivision 1 until a successor is elected and qualifies at the next fegtt! P-§pgcial municipal Resolution 2024-06 rev 20240716 page 3 of 4 election. In the case of a tie vote of the Council,the mayor or acting-mayor shall make said appointment the same method of subdivision 1. 2.02. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by fifty-one percent (51%) of the voters voting on the question of its adoption at an election called by the Council for that purpose. 2.03. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota,the Ramsey County Recorder, and the City Clerk's office together with the certificate required by section 4 10.11 of the Act. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: Zach Lindstrom, Mayor Attest: Nyle Zikmund, City Administrator (SEAL) Resolution 2024-06 rev 20240716 page 4 of 4 Fifth Street Towers 1 150 South Fifth Street,Suite 700 Minneapolis,MN 55402 (612)337-9300 telephone aven (612)337-9310 fax C H A R T E R E D http://www.kennedy-graven.com Affirmative Action,Equal Opportunity Employer MEMORANDUM DATE: September 19, 2024 TO: Mounds View City Council Nyle Zikmund, City Administrator FROM: Joseph L. Sathe, Assistant City Attorney RE: Charter Amendment—Vacancies Second Reading and Consideration of Ordinance No. 1018 BACKGROUND On September 3, 2024, the City Council held the public hearing and first reading of a proposed amendment to the City Charter allowing the City Council to make appointments from a specified list to fill councilmember and mayoral vacancies. The purpose of this memo is to provide a legal review of the amendment and provide feedback. I have provided a high-level overview of six issues that I believe could be improved,need additional clarity, or should be revised. I do not recommend approving the amendment as written. Since the Council cannot change the language in the ordinance once presented by Council, I recommend voting against approval so revisions can be made by the Charter Commission. I have also provided potential alternative language of the amendment that reflects some of the items below and which the Charter Commission could use to propose an amendment by ordinance. The enclosed has not been reviewed by the Charter Commission. 1) Process Direction—City Administrator Role The appointment process is well described in the amendment. I suggest being more specific about the process and explicitly include that the City Administrator is to reach out to the list of potential appointees and present the first person who is willing to serve on the Council and qualifies. MU210\4\977140.v1-9/19/24 2) Remaining on Appointed Board The amendment includes a list of eligible individuals who could be appointed to a vacancy from certain city commissions. The language provides that when serving on the council, the individual will retain their commission seat but shall be excused from and not participate in the commission. There should be no conflict for Charter Commission members or Parks, Rec. and Forestry Commission,but the city code criteria provides that Planning Commission members are appointed "from the resident population of the city, other than persons elected to a public body." City Code, section 33.002. Use of the phrase "elected" could be interpreted to exclude an"appointment"to the City Council. My recommendation is to have the City Council provide direction on whether it wants to allow a person to serve on the Planning Commission and on the City Council and then revise the City Code and/or request a revision to the amendment, as necessary. 3) Additional Revisions to Chapter 2 Chapter 2 of the Charter establishes the "Form of Government". The following two points are recommendations for the Charter Commission that could be considered along with revisions to Section 4.05: • Section 2.04 establishes what offices members of the council may not hold while on the council ("any municipal office or employment through the City other than that to which elected") — I recommend clarifying that appointment to an advisory board or commission is not considered an"incompatible office". • Section 2.05 describes when a vacancy occurs — I recommend amending this section to reference Section 4.05 and making appointments. 4) Mayor Duties The amendment language provides: In the case of vacancy of the mayor term the appointed person shall serve as a member of the council and the acting or vice mayor will continue to serve as mayor, for emergency powers,until the successor mayor is elected and qualifies. The Mayor is the ceremonial head of government with limited official duties. However, three official duties include that "[a] local emergency may be declared only by the mayor of a municipality ... or their legal successors"; every ordinance adopted and must be signed by the Mayor; and certain agreements binding the City are signed by the Mayor. The Acting Mayor acts as the Mayor"during the disability or absence of the Mayor or, in the case of vacancy in the office of Mayor, until a successor has been appointed and qualifies." Having a person in the office of the Mayor who is available and able to serve, but having an Acting Mayor performing official duties would, at minimum,be unique and could lead to confusion and conflict. 2 Particularly because of the statutory language on declaring local emergencies, I recommend the language be revised or removed. Serving as "chair" of the City Council under rules of procedure is not an official duty and the Council could choose to have any other member of the Council chair meetings by motion or resolution if desired. This would not require an amendment to the Charter. 5) Appointments Near Regular Election The current code and amendment language provide that if a vacancy is declared in the office of a member of the council within 120/130 days, respectively, of a general city election, and the last day to file for office has passed, then there shall be no appointment made prior to the election but the successful candidate shall be appointed to serve the remainder of the term. Since two members of the council are on the ballot at a general municipal election, I recommend amending the language to provide that if the vacancy is in a council seat that is up for election,the candidate receiving the most votes will be appointed to serve the remainder of the term. 6) Voting Threshold Almost all Council actions require three affirmative votes pursuant to the Charter. Given that the appointment will be taking place when the Council is already down at least one member and the language is not intended to provide Council with discretion in making the appointment, I recommend lowering the voting threshold to a simple majority of members of the Council voting on the appointment to make the process simpler to accomplish.A quorum would still be necessary. 7) Repeal and Replace—Alternative Language Enclosed is draft language that could be proposed by the Charter Commission that is in the form of a repeal and replace the entire Chapter 4. The current amendment does a good job of presenting the information in an amendment format, but, given the number of revisions, I recommend a full repeal and replace of Chapter 4 to make review and approval easier. The enclosed draft of a repeal and replace has not been reviewed by the Charter Commission and would be subject to change based on Charter Commission direction. 8) Next Steps If the Council desires to see any revisions,corrections,or clarifications to the proposed amendment language, it should vote against adopting the amendment by ordinance.Amending the Charter by ordinance requires unanimous council approval, so without five votes, the action would fail and the amendment process would stop.The Charter Commission could then propose a new ordinance, that could take the form of the enclosed or whatever form the Charter Commission chooses. Council should not take any official action on the enclosed draft potential alternative, but can provide feedback as part of a collaborative process to amend the Charter.The Charter Commission has a regular meeting in November that the Council could consider in December-January. 3 Exhibit A-Potential Alternative Language Section 4.05 Vacancy in Municipal Elected Office Subdivision 1. Vacancy and 365 days or more remain in term. The following timelines shall be followed when addressing a vacancy in an elected office of the City that occurs with 365 days or more remaining in the term of the vacated office: a. The vacancy will be filled at the next uniform election date specified in Minnesota Statutes, section 205.10, subd. 3a, for which all legal requirements for special elections can be met by the City. b. If the date of the vacancy is more than 130 days from the date of the next eligible election the City Council must follow the appointment process in this Section 4.05 to fill the vacancy. No appointment may be made if the next eligible special election date is 130 or fewer days from the date of the vacancy. Subdivision 2. Vacancy and less than 365 days remain in the term. The following timelines shall be followed when addressing a vacancy in an elected office of the City that occurs with less than 365 days remaining in the term of the vacated office: a. If the date of the vacancy is more than 130 days before the regular municipal election, then the vacancy shall be filled by appointment following the appointment process in this Section 4.05. b. If the date of the vacancy is 130 or fewer days before the regular municipal election at which the vacant seat is up for election, then the vacancy shall remain until the results of the election are canvased by the City Council. The individual receiving the most votes at the election shall be appointed to fill the remainder of the term. Subdivision 3.Appointment If, pursuant to subdivisions 1-2(a), the City Council may appoint an individual to fill a vacancy, the following process must be used: a. The Council declares a vacancy via resolution. b. Within 30 days of the date of the vacancy, the City Administrator shall present an individual from the list in Subdivision 3 (d) to the City Council for appointment using the process described in this Subdivision 3. c. The City Administrator shall contact the individuals in the order of the list provided in Subdivision 3 (d),beginning with the Chair of the Mounds View Charter Commission, and determine if that person is willing and qualified to serve as a member of the City Council. If the person is not willing or is not qualified, the City Administrator will move on to the next person. If no person on the list is willing and qualified, then the vacancy shall remain unfilled until the appropriate election is held. 4 d. The following is the list of individuals that may be presented for appointment to fill a vacancy: i. Chair of the Mounds View Charter Commission ii. Chair of the Mounds View Planning Commission iii. Chair of the Mounds View Parks, Recreation, and Forestry Commission iv. Vice Chair of the Mounds View Charter Commission e. If an individual on the list is qualified and willing to serve, the City Administrator will present that individual to the City Council for appointment to fill the vacancy. f. A majority of members of the City Council voting on the appointment are necessary to make the appointment. If there is a tie vote, the Mayor shall make the appointment of the individual presented to the City Council for appointment. g. A person appointed under this Section 4.05 is not required to vacate their commission seat but will be excused from all meetings and may not participate in the commission until they are no longer serving as a member of the City Council. Subdivision 4. Special Election to Fill Vacancy. a. The City Administrator shall give at least sixty days published prior notice of the date of the special election and such notice shall comply with all notice requirements under Minnesota Statutes, section 205.16. b. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. 5 THIS PAGE LEFT BLANK INTENTIONALLY MOUNDS VIEW CHARTER COMMISSION MEMBERS Updated January 28, 2025 City Name Address/Email/Phone Term(s) Term(s) Served Precinct 3 Brian R.Amundsen 3048 Woodale Drive 10/31/2002— 10/31/2006 First Full Term (Secretary) Mounds View, MN 55112 1/15/2009— 10/31/2012 Partial Term bvamundsen(a�yahoo.com 10/31/2012— 10/31/2016 First Full Term 763-786-5699-Preferred 10/31/2016—10/31/2020 Second Full Term 612-963-8871-Cell 10/31/2020— 10/31/2024 Third Full Term 10/31/2024— 10/31/2028 Fourth Full Term 2 Amber R. Urlacher 5406 Adams Street 10/31/2024— 10/31/2028 First Full Term Mounds View, MN 55112 amber(@_grantiohnson.com (612) 859-9082 1 Russell A. Warren 8044 Greenwood Drive 10/31/1994— 10/31/1998 First Full Term (Chair) Mounds View, MN 55112 4/26/2018— 10/31/2020 Partial Term russellawarren(a)_gmail.com 10/31/2020— 10/31/2024 First Full Term 763-786-3591-Home 10/31/2024— 10/31/2028 Second Full Term 1 Jerry Peterson 8125 Red Oak Drive 04/07/2016— 10/31/2016 Partial Term (2"d Vice Chair) Mounds View, MN 55112 10/31/2016— 10/31/2020 First Full Term Jerry.Peterson(cD-Q.com 10/31/2020— 10/31/2024 Second Full Term 612-607-3953-Cell 10/31/2024— 10/31/2028 Third Full Term 1 Gary C. Quick 7735 Silver Lake Road #307 10/31/2020— 10/31/2024 First Full Term Mounds View, MN 55112 10/31/2024— 10/31/2028 Second Full Term gary.guick .gmail.com 612-716-0217-Cell 763-786-4631-Other 3 Edeth O. James 2390 Mounds View Blvd., #134 10/31/2022— 10/31/2026 First Full Term Mounds View, MN 55112 Edethola(awahoo.com 763-443-5655 2 Matthew W. Meehan 2382 Pinewood Circle 10/31/2022— 10/31/2026 First Full Term Mounds View, MN 55112 Meehan2382(cDgmail.com 763-221-1436 3 Karen S. Mills 2280 Knoll Drive 10/31/2024— 10/31/2026 First Partial Term (Assistant Secretary) Mounds View, MN 55112 karensuz@gmail.com 952-913-7774 2 Rebecca J. R. Scholl 2467 Hillview Road 10/31/2018— 10/31/2022 First Full Term (Vice Chair) Mounds View, MN 55112 10/31/2022— 10/31/2026 Second Full Term d rschol I(a�yahoo.com 651-503-3999-Cell 763-780-5365-Other MOUNDS VIEW 11 Second Judicial District Court Staff Contact Sara Grewing, Chief Judge 651-266-5154 Second Judicial District 1010 Courthouse 15 West Kellogg Boulevard St. Paul, MN 55102 Laura Stevens, Probate Registrar 651-266-8148 Ramsey County Probate Court 170 Courthouse 15 West Kellogg Boulevard St. Paul, MN 55102 laura.stevens(cD-courts.state.mn.us MOUNDS VIEW 12