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HomeMy WebLinkAbout2025 05-20 Packet MOUNDS VIEW CHARTER COMMISSION MEETING Charter Mounds View City Hall Commission 6:30 PM Tuesday, May 20, 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 2"Vice Chair 3. Approval of Agenda and Minut Jerry Peterson 612-607-3953 a. Review and approve Agenda. b. Review and approve March 18, 2 ecial Meeting Minutes. Secretary c. Review and approve March 18, 2025, egular Meeting Minutes. Brian Amundsen 763-786-5699 4. Citizen Comments from the floof. Assistant Secretary Karen Mills 5. Reports of the Chair. 952-913-7774 6. Reports of Members. Edeth James 763-443-5655 7. Unfinished Business. 01Y Matthew Meehan a. 30 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 a. 20 mi ion of Chapter 7 Taxation and Finances and Amber Urlacher Chapter 8 Public Improvements and Special Assessments, 612-859-9082 regarding rding levy for street improvements. 9. Next Regular Meeting Date. Tuesday, July 15, 2025, at 6:30 PM. 10. Adjournment. THIS PAGE LEFT BLANK INTENTIONALLY Mounds View Joint Charter Commission and Council Minutes — DRAFT Tuesday, March 18, 2025 1. Call to Order. Special joint 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 5 Excused: Absent: Also present: Council members Z. Lindstrom, J. Clark, S. Gunn, G. Meehlhause, K.A. Smith, City Administrator Nyle Zikmund, City Attorney Joe Sathe 10 3. Approval of Agenda and Minutes. A.Approve Agenda. Chair R. Warren introduced the Preliminary Agenda. Discussion was requested. MOTION made,by R. Scholl, and seconded,by G. Quick, to approve the agenda as presented. Motion Adopted 9-0 15 4. Citizen's Comments from the Floor. ly None presented. 5. Joint Business. 20 A. Self Introduction of each member. Each member of the council and commission introduced them ves, how long they have resided in the city, and community involvement they've had in the past. B. Discussion of cily charter and Chapter 4 Nominations At Elections—4.05 Vacancy appointment 25 allowance. (The following notes highlight general discussion and are not a transcript of what was said.) Chair R. Warren requested that the secretary provide status of this issue. B.Amundsen reviewed the Commission actions of 2024 and the decision to hold further discussion at this joint meeting, along with additional items from the city administrator. B.Amundsen then turned to city attorney J. Sathe to review memos previously sent. City Attorney J. Sathe reviewed two memos from March 18, 2025, about 30 comparison of our ordinance process to statute and on the charter amendment process. City Administrator N. Zikmund spoke about the charter's dual public notice for an ordinance and about street levy exception from levy limit as policy issues. Chair R. Warren then reviewed the reason f%T looking at vacancy appointment and asked legal to review the legal problem with the 2024 amendment language. City attorney J. Sathe referenced his memo 35 of September 19, 2024. Those items were regarding: a.) a code issue conflict with a planning commissioner being on council, b.) the statute duties of the mayor, in particular the emergency duties, c.) clarification of who is reaching out to a potential appointee, and d.) a suggested improvement that the elected person on a November ballot be immediately appointed, 40 rather than waiting for January, in case of vacancies at a November election. The commission and council then had various discussions about the language proposed. In a discussion of what is "reasonable" amount of time for an appointee response, the city attorney described "reasonable time" as a result of considering the totality of the situation and also the discretion of the person reaching out to the potential appointee. 45 Discussion occurred about what happens if the mayor vacancy is appointed, can another council member run meetings? The city attorney said he can write language to accomplish that direction as long as it is understood that the appointee assumes the mayors emergency duties, due to statutes. There was discussion of alternative vacancy filling methods: 1) could the acting mayor be permanently elevated to mayor and then have the seat until the next mayoral election date, or 2) if an Page I of 2 Mounds View Joint Charter Commission and Council Minutes — DRAFT 5 Tuesday, March 18, 2025 50 appointment could be for a council member seat temporarily, instead of the mayor vacancy(which the city attorney discouraged as it's not legally feasible). Discussion also occurred about automating the approval process, but the city attorney recommended against that due to statutory qualification issues. Discussion occurred that the council vote to appoint should be non-discretionary and could language be added to make that work. 55 The council would like to see six potential appointees rather than four, adding vice chair of the charter commission earlier. Council members were asked what they did not want the mayoral appointee to have full mayoral duties? Council members felt it was primarily one of insufficient experience with staff and processes. 60 Secretary B.Amundsen notified the chair that the appointed time for this discussion had expired. MOTION made,by B.Amundsen, and seconded,by E. James, to adjourn this joint meeting and to invite the city administrator to come back to a future m ting for the other items on his list to be considered. Motion adopted 9-0 65 6. Next Regular Meetings. The next regular meeting of the Commission is March 18, at 7:30 PM, following this joint meeting. The net Council meeting is March 24, 2025, at 6:00 PM. 7. Adjournment: 70 With no other items for the Commission to consider, Chai*Rarren adjourned at 7:48 PM. Respectfully submitted, Brian Amundsen, Secretary, Charter Commission of Mounds View MN Page 2 of 2 Mounds View Charter Commission Minutes —DRAFT Tuesday, March 18, 2025 1. Call to Order. Regular meeting came to order at 8:02 PM. Rebecca Scholl had not returned from the break between meetings. 5 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, City 10 Attorney Joe Sathe 3. Approval of Agenda and Minutes. A.Approve Agenda. Chair R. Warren introduced the Preliminary Agenda. Discussion uested. 15 MOTION made,by E. James, and seconded,by M. Meehan, to appro he agenda as presented. Motion Adopted 8-0. B.Approve Minutes. Chair R. Warren asked for review of the Secretary's Janua 21, 2025, Meeting Minutes. Discussion 20 occurred. MOTION made,by J. Peterson, and seconded,by A. Urlacher, approve the Meeting Minutes as presented. Motion Adopted 8-0. 4. Citizen's Comments from the Floor. 25 None presented. 5. Reports of Chair. Chair R. Warren announced that the commission had a spirited discussion with the council and appreciated everyone's attendance. 30 6. Reports of Members. Secretary B.Amundsen reported that the lat t 2023 version of the Charter is now on the website, along with Bylaws.Additi ally, the process of amending the charter has been received from city 35 attorney J. Sathe and it w' be posted on the website shortly. Gary Quick left the meeting. 7. Unfinished Business. 40 A. Discussion of Chapter 4 Nominations and Elections—4.05 Vacancy appointment allowance. Chair R. Warren requested that the commission discuss the item and what they heard in the earlier joint meeting. M. Meehan asked what issues need to be addressed. E. James said it seems that lack of experience is a council concern with appointee taking on mayoral responsibilities. Chair R. Warren thought he heard that even if the mayor's position is vacant, an appointment should only fill a council 45 member position and not the mayor position. Rebecca Scholl and Gary Quick returned to the meeting. G. Quick agreed that the appointee should not become mayor due to lack of experience, and proposes the Page 1 of 3 Mounds View Charter Commission Minutes —DRAFT 5 Tuesday, March 18, 2025 50 acting mayor become the mayor, then the council fills the new council member vacancy.A. Urlacher agreed with G. Quick's position. K. Mills suggested that the appointed mayor would become mayor, but the acting mayor would continue to run the meetings, leaving statutory issues with the appointed mayor. Chair R. Warren asked city attorney if there was simple language that could be added to move acting mayor to the appointed mayor and then appoint a council member? City Attorney J. Sathe said it is not 55 possible, but it is possible to add language stating "the acting mayor, except for statutory requirements, will chair council meetings and continue to perform all non-statute mayoral duties." B.Amundsen said he thought the current language already stated that, but J. Sathe thought it could use additional clarification. R. Scholl asked if any additional charter language was needed. J. Sathe said that it could be needed. City Administrator N. Zikmund suggested that J. Sathe draft language,pass it by B.Amundsen, 60 and then send to N. Zikmund. Chair R. Warren asked if the language would come to the next commission meeting. City attorney J. Sathe said"yes", but also asked if everyone is in agreement to do a repeal and replace resolution, rather than red-line editing method. Consensus was to do a repeal and replacement. MOTION,by G. Quick, and seconded,by R. Scholl, directing Joe Sathe to draft language having appointed mayor position only do the statutory required duties,while the acting mayor will 65 continue doing all other mayor duties. Discussion occurred. MOTION was withdrawn by maker and seconder. �# City attorney J. Sathe stated he would draft languay for the statutory duties and ceremonial duties to be bifurcated in the language. Chair R. Warren said that the council's next concern was the council requirement to vote to appoint 70 the candidate and questioned if the appointment could be automatic, without council action. City attorney J. Sathe recommended not making it totally automatic and suggested the language should say the council needs only a majority vote to appoint rather thin making the vote automatically non-discretionary. City attorney asked for commission clarification on a some items. First about timing duration for appointment, should it be 30 days after a vacancy resolution is passed for the appointment to occur. 75 There was consensus for the 30 days. Commissioners also asked the city attorney to make sure language covers staff temporary absences would not delay an appointment. B.Amundsen asked J. Sathe to go through the September 19, 2024, memo to assure that the items are now addressed. The first item is should the city administrator or city clerk talk with candidates, since this is an election issue. City attorney said he'd look at it to be consistent with other parts of our charter 80 language. The second item is a city code issue; the city attorney said it is a council issue not commission task.. The third item is if 4.05 and 2.05 should reference each other, and J. Sathe said it will be included in new draft language. The fourth item is abouVnayoral duties, which has already been extensively discussed and will be addressed by the new draft language. The fifth item was about appointments at regular election time and how to allow the person getting the most votes at a regular election to be 85 immediately appointed if a vacancy exits.After many scenario discussions, J. Sathe asked if he could re- look at potential problem scenarios and report back in the draft language. City attorney asked if the final issue of lowering the threshold to a majority vote for appointment is acceptable. There was no objection to this language. Chair R. Warren asked if everyone was in agreement with the number and order of the appointees? 90 Consensus was to move Charter Vice Chair to second on list and add two more positions. K. Mills asked if there is any compensation issue with the role of mayor and acting mayor. G. Meehlhause, the prior acting mayor, indicated compensation was increased during the mayor's vacancy to the acting mayor.. R. Warren asked if there was any further discussion.After hearing none, Chair R. Warren closed the 95 discussion. 8. New Business None discussed. Page 2 of 3 Mounds View Charter Commission Minutes — DRAFT Tuesday, March 18, 2025 100 9. Next Regular Meeting. The next regular meeting of the Commission is May 20, at 6:30 PM. Secretary B.Amundsen asked if the commission would like to start on the city administrator's list of items. City Administrator N. Zikmund said the priority would be the street financing and levy issue. There were no objections to adding the item to the agenda. 105 10. Adjournment: With no other items for the Commission to consider, Chair R. Warren asked for motion to adjourn. MOTION made,by E. James, and seconded, by G. Quick, to urn. MOTION approved 9-0. Meeting adjourned at 9:04 PM. 110 Respectfully submitted, Brian Amundsen, Secretary, Charter Commission of Mounds View MN Page 3 of 3 THIS PAGE LEFT BLANK INTENTIONALLY Mounds View Charter Commission Minutes APPROVED 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 Absent: E. James, G. Quick Also present: Council Liaison Gary Meehlhause 3. Approval of Agenda and Minutes. A.Approve Agenda. Chair R. Warren introduced the Preliminary Agenda. Discussion was requested. R. Scholl asked to extend 7A to 30 minutes. Chair R. Warren asked for the agenda be adopted as amended. MOTION,by R. Scholl, and seconded,by K. Mills, to approve the agenda as amended. Motion Adopted 6-0 B.Approve Minutes. Chair R. Warren asked for review of the Secretary's November 19, 2024, Meeting Minutes. Discussion occurred for typo's. MOTION,by B.Amundsen, and seconded,by J. Peterson, to approve the Meeting Minutes as amended. Motion Adopted 6-0 4. Citizens Comment from the Floor. None presented. 5. Reports of Chair. Chair R. Warren announced that the commission annual report to the court was filed. 6. Reports of Members. Secretary B.Amundsen reported that American Legal update of the Charter is still pending for the website, and further, that each member received an attendance report of 2024/25 for their own tracking. Also, B.Amundsen sent the courts record of appointments to all members. Commissioner J. Peterson ask for the status of "How to change the charter" document for posting on the 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. 7. Unfinished Business. A. Discussion of Chapter 4 Nominations and Elections—4.05 Vacancy appointment allowance. Chair R. Warren requested the Secretary to provide status of this issue. B.Amundsen reported that the Commission tabled the issue in November 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 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 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 APPROVED Tuesday, January 21, 2025 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 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 Chair R. Warren opened the floor for nominations for Chair. R. Scholl nominated R. Warren as Chair. No other nominations being made after three requests, Chair R. Warren declared R. Warren duly elected Chair,per Robert's Rules of Order when no contest is presented the chair may declare the office filled. Chair R. Warren opened the floor for nominations for Vice Chair. R. Scholl nominated R. Scholl as Vice Chair. No other nominations being made after three requests, Chair R. Warren declared R. Scholl duly elected Vice Chair. Chair R. Warren opened the floor for nominations for 2"Vice Chair. J. Peterson nominated J. Peterson as 2nd Vice Chair. No other nominations being made after three requests, Chair R. Warren declared J. 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 made after three requests, Chair R. Warren declared B.Amundsen duly elected Secretary. Secretary B.Amundsen read the Bylaws' allowance for and duties of an Assistant Secretary. Then asked if either of the other commissioners present were willing to be elected. Karen Mills said she was willing to serve in that position. MOTION, by B.Amundsen, and seconded,by R. Scholl, that Karen Mills be designated Assistant Secretary of the commission. Motion Adopted 6-0 B. Joint Meeting with Council members. Chair R. Warren introduced a joint meeting invitation. MOTION, by B.Amundsen, seconded,by R. Scholl, that the commission send a memo of understand that we have a joint commission and council meeting on March 18, 2025, at 6:30 PM. Discussion occurred. Chair R. Warren asked that the council put in writing their concerns. Motion Adopted 6-0 9. Next Regular Meeting. The next regular meeting of the Commission is March 18, at 6:30 PM, following the joint meeting. 10. Adjournment: With no other items for the Commission to consider, Chair R.Warren adjourned at 7:48 PM Respectfully submitted, Brian Amundsen, Secretary, Charter Commission of Mounds View MN Approved by Charter ission March 18, 2025. Attestin , an A en, 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 ORDINANCE NO. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE CITY OF MOUNDS VIEW CHARTER BY REVISING LANGUAGE RELATED TO MAKING APPOINTMENTS TO FILL VACANCIES IN 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. T he Mounds View Charter Commission has proposed the adoption of an amendment to Chapters 2 and 4 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 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. Chapter 2 of the Mounds View City Charter is hereby amended by removing strieken, or adding the double-underlined language as follows: Section 2.04. Incompatible Offices. No member of the Council shall hold any municipal office or employment through the City other than that to which elected. Further, until one (1) year after the expiration of member's term, no mayor or council member shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during member's term as mayor or council member. Appointment to a city board or commission shall not be considered an incompatible office. Section 2.05 Vacancies.A vacancy in the Council, whether it be in the office of mayor or council member, shall be deemed to exist in case of the failure of any person elected DOCSOPEN\MU210\4\1025877.v2-5/2/25 thereto to qualify, or by reason of the death, resignation in writing filed with the city administrator, removal from office, non-residence in the city, conviction of a felony of any such person after their election, or by reason of the failure of any Council member without good cause to attend Council meetings for a period of three (3) consecutive months. In each such case the Council shall follow the appointment process in Chanter 4, Section 4.05. 2.02. Chapter 4 of the Mounds View City Charter is hereby amended by removing Section 4.05 in its entirety and replacing it with the following: 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) A special election shall be called 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. [OPTION 1 —Recommended Language] B) The City Council shall appoint an individual following the appointment process in this Section 4.05 to fill the vacancy until a successor is elected and qualifies. [OPTION 2 — Language based on 2024 Proposal] 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 until a successor is elected and qualifies. 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: [OPTION 1 —Recommended Language] A) The City Council shall appoint an individual following the appointment process in This Section 4.05 to fill the vacancy for the remainder of the unexpired term and until the election and qualification of a successor. [OPTION 2—Language based on 2024 Proposal] A) If the date of the vacancy is more than 130 days before the regular municipal election, then a special election shall be called to coincide with the regular municipal DOCSOPEN\MU210\4\1025877.v2-5/2/25 election, and the City council shall appoint an individual following the process in this Section 4.05 to fill the vacancy until the election and qualification of a successor. 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.After the results are canvased by the City Council, the individual who is to take office at the beginning of the next term shall be appointed to serve the remainder of the unexpired vacant term unless that individual is a sitting member of the council, in which case the seat shall remain vacant for the remainder of the unexpired 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, or their designee, 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. [Option 1 -2024 Proposal Language] D) owing is Me list of individuals a may be prese i a vacancy: 01----^-"*km& unds 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 [Option 2 -2025 Requested Language Adding Vice Chairs] DOCSOPEN\MU210\4\1025877.v2-5/2/25 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. Vice Chair of the Mounds View Charter Commission iii. Chair of the Mounds View Planning Commission iv. Vice Chair of the Mounds View Planning Commission v. Chair of the Mounds View Parks, Recreation, and Forestry Commission vi. Vice Chair of the Mounds View Parks, Recreation, and Forestry 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. Vacancy in the Office of the Mayor. If the vacancy is in the office of the Mayor, the individual appointed pursuant to Subdivision 3 shall assume the duties of the Mayor as described in this Charter and Minnesota Statutes, except for the following duties which shall be performed by the individual designated as the Acting Mayor: A) Presiding at meetings of the Council. B) The duties described in Section 2.06, subdivision 2. Subdivision 5. Special Election to Fill Vacancy. A) The City Administrator shall give at least sixty(60) 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. DOCSOPEN\MU210\4\1025877.v2-5/2/25 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. 2.03. 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. 2.04. 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 410.11 of the Act. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: Zach Lindstrom Mayor Attest: Nyle Zikmund, City Administrator (SEAL) DOCSOPEN\MU210\4\1025877.v2-5/2/25 THIS PAGE LEFT BLANK INTENTIONALLY Item No: Meeting Date: March 18 22Q5 Type of Business Council Business City Administrator Review: Mots V0V UEY or mounas view srarr Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Charter Commission Joint Meeting March 18 Introduction: Council had brief discussion at their March 3, 2025 workshop reviewing the items and added a fourth item to the discussion. 1. Appointment Process 2. Quarterly Reports 3. Ordinance Adoption 4. Clarification of Street Levy with respect to Charter Levy Discussion: 1. Appointment Process — specific to filling council vacancies, council/commission has been working on this for more than two years, need to finalize process. 2. Quarterly Reports — To some degree, a larger discussion on what belongs in a charter. By definition this is your high-level governance document — similar to the State and Federal Constitution. A provision of this nature — requiring quarterly reports, but absent any substantive requirement (s) seems inconsistent. Staff recommendation is to remove from charter given its ministerial nature in combination of no specific detail. Further, staff gives reports at virtually every council meeting. 3. Ordinance Adoption Process — Minnesota State Statute defines the ordinance adoption process which includes a public notification, public hearing in certain cases, and upon passage by a defined majority, publication in the official newspaper after which it becomes effective (the date of publication). In plain terms, Council can adopt an ordinance the night it is heard, just like a resolution. The ordinance, unlike a resolution — must be published in the official newspaper. Once that publication occurs, the ordinance is effective. The Mounds View Charter adds two substantive conditions; a second reading at least 14 days after the first and effectiveness 30 days days after publication. i'trh rrrk hr0i.abh'Corrunnrrav The policy issue is best defined by what "special" about Mounds View that the additional conditions justify the additional administrative and council investments of time/energy as well as the delay in official adoption. The provision has resulted in challenges at time. 4. Street Levy applicability to/relationship to General Levy/Charter Provision restrictions. The policy issue is clarification, in the charter, specific to the street levy (or any infrastructure levy for discussion purposes). For more than a decade the City has included as part of their annual levy, a specific levy for street construction and maintenance. These funds are dedicated and have wholly been used to construct our streets (along with using Municipal State Aid) and fund balance transfers. The City has not "assessed a residential property' since the systematic rehabilitation of streets started more than a decade ago. The vast majority of Cities bond for streets and use assessments to the residents, often costing $6,000 to $10,000 per resident. Further, bond issuance costs continue to inflate dramatically adding administrative cost burden to already expensive costs. In closing, the city has been included a street levy in the annual levy to residents for years. This discussion is to add some clarity/clarification to the Charter on the practice and if needed, provide further parameters. Respectfully submitted, Nyle Zikmund City Administrator