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HomeMy WebLinkAbout2025 07-15 PacketCharter Commission Chair Russell Warren 763-786-3591 Vice Chair Rebecca Scholl 651-503-3999 2nd Vice Chair Jerry Peterson 612-607-3953 Secretary Brian Amundsen 763-786-5699 Assistant Secretary Karen Mills 952-913-7774 Edeth James 763-443-5655 Matthew Meehan 763-221-1436 Gary Quick 763-786-4631 Amber Urlacher 612-859-9082 CHARTER COMMISSION MEETING Mounds View City Hall 6:30 PM Tuesday, July 15, 2025 Preliminary AGENDA 1.Call to Order. 2.Roll Call. __ Brian Amundsen __ Edeth James __ Matthew Meehan __ Karen Mills __ Jerry Peterson __ Gary Quick __ Rebecca Scholl __ Amber Urlacher __ Russell Warren 3.Approval of Agenda and Minutes. a.Review and approve Agenda. b.Review and approve May 20, 2025, Regular Meeting Minutes. 4.Citizen Comments from the floor. 5.Reports of the Chair. 6.Reports of Members. 7.Unfinished Business. a.30 min. Discussion of Chapter 4 Nominations and Elections – 4.05 Vacancy appointment allowance language. b.20 min. Discussion of Chapter 7 Taxation and Finances and General Levy caps in relation to street and park financing. 8.New Business 9.Next Regular Meeting Date. Tuesday, September 16, 2025, at 6:30 PM. 10.Adjournment. THIS PAGE LEFT BLANK INTENTIONALLY Mounds View Charter Commission Minutes — DRAFT Tuesday, May 20, 2025 1.Call to Order. Regular meeting came to order at 6:31 PM. 2.Roll Call. Present: B. Amundsen, E. James, K. Mills, J. Peterson, G. Quick, R. Scholl, A. Urlacher, R. Warren Excused:M. Meehan Absent: Also present: Council Liaison Gary Meehlhause, City Administrator Nyle Zikmund, City Attorney Joe Sathe 3.Approval of Agenda and Minutes . a. Approve Agenda. Chair R. Warren introduced the Preliminary Agenda. Discussion was requested. MOTION made, by G. Quick, and seconded, by A. Urlacher, to approve the agenda as presented. MOTION adopted 7-0. E. James joined the meeting. b. Approve Minutes of Special Meeting. Chair R. Warren asked for review of the Secretary's March 18, 2025, Special Meeting Minutes. Discussion occurred. Typo corrections were made. MOTION made, by J. Peterson, and seconded, by A. Urlacher, to approve the Meeting Minutes as amended. MOTION adopted 8-0. c. Approve Minutes of Regular Meeting. Chair R. Warren asked for review of the Secretary's March 18, 2025, Regular Meeting Minutes. Discussion occurred. Typo corrections were made. MOTION made, by B. Amundsen, and seconded, by J. Peterson, to approve the Meeting Minutes as amended. MOTION adopted 8-0. 4.Citizen's Comments from the Floor. None presented. 5.Reports of Chair. Chair R. Warren was sad to announce the death of former commission member Dennis Erickson and asked if members would like to comment. B. Amundsen, J. Peterson, and G. Meehlhause commented about Dennis service to the commission, the community and the city. 6.Reports of Members. Secretary B. Amundsen reported that the website charter version will soon be updated with the 2024 amendments. 7.Unfinished Business. a. Discussion of Chapter 4 Nominations and Elections – 4.05 Vacancy appointment allowance . Chair R. Warren requested secretary to provide status of the language. B. Amundsen reviewed packet documents distributed and in comparison to the 2024 resolution that only the if no one on the prioritized list is willing to server then the vacancy remains open until next election. City attorney J. Sathe then provided overview of the latest version dated 5/15/2025. Discussion occurred about the newest language and options presented by city attorney. The commission then entertained each option individually. MOTION, by R. Scholl, and seconded, by E. James, to adopt option 1 under 4.05 subdivision 1. Discussion occurred. MOTION adopted 8-0. Page 1 of 2 5 10 15 20 25 30 35 40 45 Mounds View Charter Commission Minutes — DRAFT Tuesday, May 20, 2025 MOTION, by R. Scholl, and seconded, by K. Mills, to adopt option 1 under 4.05 subdivision 2. Discussion occurred. MOTION adopted 8-0. MOTION, by B. Amundsen, and seconded, by G. Quick, to adopt option 1 under 4.05 subdivision 3D as amended to include language that if no candidate accepts and less than 365 days remain in term then the council may within 30 days make an appointment at their discretion for the remainder of the vacant term. Discussion occurred to clarify that the motion's amendment language included changing the order to move the chair of the parks commission as fourth candidate and vice chair of planning as fifth candidate, and include in the first sentence “, in order of the priority listed below;”. MOTION adopted 8-0. It was the consensus of the commission that item “subdivision 3 E” can be deleted and “F” and “G” relabeled accordingly. B. Amundsen and city attorney J. Sathe will also explore two language clarifications. First, if references to Minnesota statutes needs to have “as amended from time to time” added in order to be consistent with rest of charter. Second, if any other part of chapter four needs modification of “regular election” to “general election” to be consistent with statute language usage. City attorney J. Sathe asked if he was to prepare the document with the updates as adopted and return to the commission with the updates. Chair R. Warren directed the final language be presented to the commission at the July 15 meeting. 8.New Business a. Discussion of Chapter 7 Taxation and Finances and Chapter 8 Public Improvements and Special Elections regarding levy for street improvements. Chair R. Warren request the topic be introduced for commission discussion. Secretary B. Amundsen said the item was a result of the joint council and commission discussion on March 18 and the city administrator asking the commission to consider four charter items, this being the most important. City administrator N. Zikmund joined the discussion to explain that there is a financial burden when the city attempts to maintain streets and parks under the current levy cap and there should be a policy discussion about what should be included under the general levy cap. Discussion occurred to clarify the issue. B. Amundsen requested the city administrator invite finance director to our July meeting for further discussion and explanation of financing in 2025 versus 1979. The city administrator also brought up that another item for the commission to consider is “Charter 2.05 Salaries” (for council members) which is a difficult issue for council to discuss due to conflict of interest. Chair R. Warren requested the Chapter 7 issue be brought back to July meeting. 9.Next Regular Meeting. The next regular meeting of the Commission is July 15, at 6:30 PM. 10.Adjournment: With no other items for the Commission to consider, Chair R. Warren asked for motion to adjourn. MOTION made, by G. Quick, and seconded, by A. Urlacher, to adjourn. MOTION approved 8-0. Meeting adjourned at 8:27 PM. Respectfully submitted, Brian Amundsen, Secretary, Charter Commission of Mounds View MN Page 2 of 2 5 50 55 60 65 70 75 80 85 90 95 Charter Commission Chair Russell Warren 763-786-3591 Vice Chair Rebecca Scholl 651-503-3999 2nd Vice Chair Jerry Peterson 612-607-3953 Secretary Brian Amundsen 763-786-5699 Assistant Secretary Karen Mills 952-913-7774 Edeth James 763-443-5655 Mathew Meehan 763-221-1436 Gary Quick 763-786-4631 Amber Urlacher 612-859-9082 RESOLUTION NO. 2025-01 CITY OF MOUNDS VIEW CHARTER COMMISSION COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING AMENDMENT OF THE MOUNDS VIEW CHARTER BY ORDINANCE WHEREAS, the City of Mounds View (the “City”) is governed by a home rule charter pursuant to Minnesota Statutes, chapter 410; and WHEREAS, the City’s charter commission (the “Commission”) has the authority under Minnesota Statutes, section 410.12, subdivision 7, to recommend amendments to the City’s charter; and WHEREAS, after discussion and deliberation, the Commission has determined that the City’s home rule charter should be amended to establish a new process for making appointments to a vacancy in an elected office; and WHEREAS, the Commission requests that the City Council respond within 30 days with any questions regarding or clarifications to the suggested amendments or if the City Council is not in unanimous agreement with the Commission’s recommendation. NOW THEREFORE BE IT RESOLVED by the Mounds View Charter Commission that it is recommended that Chapter 4 of the Mounds View City Charter be amended by ordinance, in the form attached hereto as Exhibit A, to be enacted by the City Council of the City of Mounds View pursuant to Minnesota Statutes, section 410.12, subdivision 7. Passed and adopted at a regularly scheduled meeting of the Mounds View Charter Commission on July 15, 2025. By__________________________ Russell Warren, Chair ATTEST: By________________________ Brian Amundsen, Secretary BA20230420-v1 Page 1 of 1 DOCSOPEN\MU210\4\1028957.v1-5/20/25 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 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. The 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 stricken, or adding the double-underlined language as follows: 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 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 by resolution declare the vacancy to exist and follow the appointment process in Chapter 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 MU210\4\1025877.v3-5/13/25 5 10 15 20 25 30 35 40 Subdivision 1. Vacancy and 365 days or more remain in the 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, as amended, for which all legal requirements for special elections can be met by the City. 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. 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) 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. 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 thirty (30) days of the date the vacancy is declared, 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 will provide written notice of the vacancy to the individuals in the list provided in Subdivision 3 (D). The written notice shall request a written response to the question of whether the individual is willing to be appointed to the vacancy. Individuals on the list will have a maximum of twenty (20) days to provide such written response. The City Administrator may present an individual for appointment prior to the expiration of the twenty-day period if: i) the first person on the list confirms they are willing to serve and qualifies; or ii) any person on the list provides an affirmative response and each person prioritized higher on the list declines appointment or is not qualified. After the twenty-day response period, the City Administrator will present the listed person with the highest priority who has responded that they are willing to serve and qualifies for appointment, regardless of not receiving responses from others on the MU210\4\1025877.v3-5/13/25 45 50 55 60 65 70 75 list. If no person accepts or is qualified and less than 365 days remain in the vacant term then the council may make an appointment at their discretion for the reminder of the vacant term. D)The following is the list of individuals that may be presented for appointment to fill a vacancy in order of the priority listed below: 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. Chair of the Mounds View Parks, Recreation, and Forestry Commission v.Vice Chair of the Mounds View Planning Commission vi.Vice Chair of the Mounds View Parks, Recreation, and Forestry Commission E)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. F)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. Being appointed to serve as a member of the Council and maintaining a seat on a commission does not violate Section 2.05 regarding incompatible offices. 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, as amended, 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. 3 MU210\4\1025877.v3-5/13/25 80 85 90 95 100 105 110 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, as amended. 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: Attest: Zach Lindstrom, Mayor ______________________________ Nyle Zikmund, City Administrator (SEAL) MU210\4\1025877.v3-5/13/25 115 120 125 130 135 140 145