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HomeMy WebLinkAbout2025 09-16 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, September 16, 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 July 15, 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. c.20 min. Chapter 2 Form of Government, Section 2.07 Salaries 8.New Business. 9.Next Regular Meeting Date. Tuesday, November 18, 2025, at 6:30 PM. 10.Adjournment. THIS PAGE LEFT BLANK INTENTIONALLY Mounds View Charter Commission Minutes — DRAFT Tuesday, July 15, 2025 1.Call to Order. Regular meeting came to order at 6:31 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 3.Approval of Agenda and Minutes . a. Approve Agenda. Chair R. Warren introduced the Preliminary Agenda. Discussion was requested. MOTION made, by B. Amundsen, and seconded, by E. James, to approve the agenda as presented. MOTION adopted 9-0. b. Approve Minutes of Regular Meeting. Chair R. Warren asked for review of the Secretary's May 20, 2025, Regular Meeting Minutes. Discussion occurred. Typo corrections were made. MOTION made, by J. Peterson, and seconded, by R. Scholl, to approve the Meeting Minutes as amended. MOTION adopted 9-0. 4.Citizen's Comments from the Floor. No citizens present made comments. 5.Reports of Chair. 6.Reports of Members. Secretary B. Amundsen reported that past approved agendas are being sent to the city for archiving. 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 the item. B. Amundsen reviewed packet documents distributed; Resolution 2025-01,Exhibit A (as corrected by K&G with the options the commission selected at our last meeting), and the original document proposed to the council. B. Amundsen said after review he has some suggested changes. Chair R. Warren asked B. Amundsen to proceed with his suggested changes. 1) First was to correct the resolution to read “Chapter 2 and 4”. Chair R. Warren asked if there were any objections, none were made. 2) Exhibit page1; there were no changes. 3) Exhibit page 2: line 44, suggest changing “timeline” to “procedures”, no objections were raised to the change. R. Scholl raised question to clarify when the vacancy exists. Discussion occurred on when does a vacancy exist, in particular related to residence qualification. Motion, by R. Scholl, and seconded, by G. Quick, to amend Subdivision 1 by replacing “Vacancy” with “When a vacancy has been declared” and replacing the period with a coma. Discussion on the motion occurred. R. Scholl asked to withdraw the motion, and the Chair declared there was no motion before the Commission. At this point. K. Mills brought up some format consistency issues related to subdivision underlining and carriage return usage in the chapter, which need correcting and a spelling error of the word appointment. M. Meehan discussed that the document is using “process” in later places and suggested the change from “timeline” to “procedures” should be changed to “process”, B. Amundsen agreed and without any objections from the Commission. J. Peterson pointed out that page 2 line 65 also needs to read “3.(D)” not Page 1 of 2 5 10 15 20 25 30 35 40 45 Mounds View Charter Commission Minutes — DRAFT Tuesday, July 15, 2025 “3.(d)”. B. Amundsen questioned if line 60 should be changed, and the Commission agreed that it should read subdivision “1 or 2”. R. Scholl questioned why the chapter doesn't include when a vacancy exists? B. Amundsen asked the commission to agree that a reference to 2.05, which defines when a vacancy exists, should be added to 4.05 Subdivision 1? The reference was in previous versions and no objection was made to adding it back. Discussion continued on when does the process start. B. Amundsen requested the commission invite city attorney J. Sathe to come to the September meeting to further discuss and clarify the issue of the “vacancy date”. B. Amundsen recommended on line 53 and 68, to add reference to “Subdivision 3” after “Section 4.05”. B. Amundsen continued with suggestions, which the Commission reviewed. City Administrator N. Zikmund discussed when he would start a vacancy process, which he said was immediately once the vacancy existed. 3. Exhibit page 3: Line 106 reference needs to be changed from 2.05 to 2.04. Subdivision 4 needs underlining removed. 4. Exhibit page 4: Subdivision 5 needs underline removed. 5. Last item was in reference to original resolution. Because the current resolution is a full replacement versus the original was a partial replacement there was language in section 4.05, subdivision 3 and 5 which are now missing. B. Amundsen would like everyone to review if that language was intended to be removed. In particular to allow the council to, at its discretion, make an appointment if the included process results in no one being willing to serve. B. Amundsen would like to see legal re-incorporate that language. The Commission had no objection. B. Discussion of Chapter 7 Taxation and Finances and General Levy caps in relation to street and park financing. City Administrator N. Zikmund handed out information related to the levy impact on funding of city maintenance for streets and parks. Finance director G. Bauman will be with the commission in September to address questions. The following is a summary of the city administrator's presentation. Director G. Bauman separates out the collected levy to funds, which then are used for general purposes. There are special levies for specific funds, in our case police funding. He emphasized that streets and park funding from the general levy are inadequately funded. An example is the city water system required updating and resulted in the city selling bonds, but for the 6 million dollars almost 1.7 million will be paid for interest. Current park dedication funding is from new construction permits, which are minimal. The city administration's request to the commission is to review and determine the policy for the streets and the parks funding. City Administrator suggested the commission consider levy exception or separate levy caps for streets and parks with a new section in Chapter 7 Taxation and Financing. 8.New Business No new business was presented. 9.Next Regular Meeting. The next regular meeting of the Commission is September 16, 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 R. Scholl, and seconded, by B. Amundsen, to adjourn. MOTION approved 9-0. Meeting adjourned at 8:02 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 2 & 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 September 16, 2025. By__________________________ Russell Warren, Chair ATTEST: By________________________ Brian Amundsen, Secretary BA20250829-v2 Page 1 of 1 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 Exhibit AORDINANCE 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 DOCSOPEN\MU210\4\1047431.v1-9/5/252025-01_BA_v3 3 6 9 12 15 18 21 24 27 30 33 36 39 42 Subdivision 1. Vacancy and 365 days or more remain in the term. The following timelinesprocess shall be followed when addressing a vacancy, as defined in Chapter 2, Section 2.05 or other applicable law, 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 timelinesprocess shall be followed when addressing a vacancy, as defined in Chapter 2, Section 2.05 or other applicable law, 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-or 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)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 DOCSOPEN\MU210\4\1047431.v1-9/5/252025-01_BA_v3 45 48 51 54 57 60 63 66 69 72 75 and qualifies for appointment, regardless of not receiving responses from others on the 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 2.052.04 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. DOCSOPEN\MU210\4\1047431.v1-9/5/252025-01_BA_v3 78 81 84 87 90 93 96 99 102 105 108 111 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: Zach Lindstrom Mayor Attest: ______________________________ Nyle Zikmund, City Administrator (SEAL) DOCSOPEN\MU210\4\1047431.v1-9/5/252025-01_BA_v3 3 114 117 120 123 126 129 132 135 138 141 144 MU210\4\1038080.v1 Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer MEMORANDUM DATE: September 5, 2025 TO: Mounds View Charter Commission FROM: Joseph L. Sathe, Legal Counsel RE: Vacancies This memo is intended to provide additional information on when a vacancy occurs on the City Council and is intended to supplement the information provided in my memo dated May 15, 2025. Minnesota Statute defines when a vacancy occurs 1 and the attorney general has opined that a city charter may not provide for additional situations that create a vacancy.2 Occurrence of a Vacancy and Procedure for Filing A Vacancy The proposed amendment to Chapter 4 establishes a process for filing a vacancy once that vacancy occurs. For purposes of this memo, I am using the term “occurs” to mean that one of the situations that creates a vacancy has happened – there are reasons a vacancy is created automatically at the time of the event (e.g., death) and situations where the council takes action to “create” the vacancy (e.g., abandonment). The proposed amendment links the timelines for making the appointment to the City Council adopting a resolution and not the occurrence of the vacancy.3 Termination of City Residency A vacancy occurs when a member of the City Council is no longer a resident of the City. Part of determining residency in this context includes whether the member of the Council intends to live within the City. Including a determination of “intent” provides leeway for situations where a member of the Council may temporarily not have a permanent residence in the City. This type of situation, where the date of the occurrence of the vacancy is not always explicitly clear, is why the proposed amendment links the appointment timeline to the date the City Council adopts a resolution declaring the vacancy. 1 Minn. Stat. 351.02 (enclosed). 2 Attorney General Opinion 59a-30 (July 24, 1996) (enclosed). 3 Proposed Amendment, Section 4.05, subd. 3 (A) requires the Council to declare the vacancy in a resolution and subd. 3 (B) creates the timeline, starting on the date of the resolution, for the Administrator to present an appointee. MU210\4\1038080.v1