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HomeMy WebLinkAbout01-11-2007 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA JANUARY 11, 2007 1. Call to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 6:31 PM 3. Approval of Agenda 6:32 PM 4. Open Mike 6:33 PM 6:33 PM 5. , Approval of Minutes a A. July 13, 2006 ot,m, artB. October 12, 2006 6. Old Business A. Road Reconstruction and Staff Discussion (Staff)6:35 — 7:10 PM B. Outcome of City Staff and City Council Actions with Charter Amendment Gordon Heitke, City Administrator, read only ,e 0.4:Z4 ,< c C. Annual Report Paulette Warren, Chair 7:15 PM On -Going Reports, Gordon Heitke, City Administrator, read only A. Five Year Plan ❖ Summary Report of Committee 7:20 PM 8. New Business A. Mounds View Ballot Amendment B. Annual Report By-laws 9. Set Agenda for April 2007 Meeting 11. Adjourn -1- 7:35-9:15 PM 9:20 PM 9:25 PM 9:30 PM 0"-1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 / 8 1 Charter Commission July 13, 2006 Page 1 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT CITY OF LINO LAKES CHARTER COMMISSION ,e04 5 i4 - July 13, 2006 6:30 P.M. 9:30 P.M. Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening, Duffy, Storberg, Warren, and Carlson Bor and Zastrow Rosemary Williams, Richard Williams and Montain None CALL TO ORDER AND ROLL CALL Chair Warren called the regular meeting of the Lino Lakes Charter Commission to order at 6:40 p.m. on July 13, 2006. APPROVAL OF AGENDA Item 9E, Surface Water Management was added under New Business. The agenda was approved as amended. OPEN MIKE No one was present for open mike. 29 30 APPROVAL OF MINUTES 31 32 April 13, 2006 — Commissioner Duffy referred to line 69 and corrected the sentence to read, 33 "She thought this item deals with invoice". She referred to line 124 and corrected the word 34 "effect" to "affect". She referred to line 248 and removed the word "she". She referred to line 35 317 and corrected the sentence to read Commissioners Dahl, Duffy and Trehus". 36 37 Commissioner Dahl referred to line 264 and corrected the sentence to read "Commissioner 38 Dahl". 39 40 MOTION by Commissioner Trehus, seconded by Commissioner Storberg, to approve the April 41 13, 2006, Charter Commission meeting minutes as amended. Motion carried. 42 1 •••••43 r4 45 Ordinance Amendment regarding Council Members on the Charter Commission — Chair 46 Warren stated everyone received information on the process and options that were to be read 47 ahead of time. 48 49 Process: Information Only (Refer to line 286 & 287 in April 13, 2006 Minutes): 50 -Copy of May 12th Letter from Attorney, Mr. Hawkins and Letter from Chair Warren — 51 Chair Warren reviewed the options that were summarized in the memo dated June 23, 2006. 52 53 Recommendation(s) of Sub Committee: Citizen Charter Amendment — Commissioner 54 Trehus advised the sub committee is recommending changing the language and slightly changing 55 the proposal from the Council. The change would state a Council Member could serve on the 56 Charter Commission but could not vote. It would also state that Council Member would be 57 appointed the official liaison and include there would be no compensation. 58 59 Commissioner Bening stated that would limit the number of votes to fourteen members and 60 could result in ties. He noted there is no place in the Charter that indicated there is an appointed 61 liaison. 62 63 Commissioner Duffy stated if the amendment goes through, the Commission may want to change 64 I the by-laws to state,that there are fifteen voting members and one non-voting member of the 65 Commission. 66 67 Commissioner Trehus advised state statute says there are only up to fifteen members on the 68 Charter Commission. 69 '70 Commissioner Vacha stated he does not see any issue with a Council Member being on the 71 Commission and being able to vote. 72 73 Commissioner Carlson indicated support for the proposal as submitted by the Council. He stated 74 he believes it is opening a can of worms if the judge appoints a Council Member to the 75 Commission. 76 77 Chair Warren clarified that the proposed change by the sub committee does not mandate a 78 Council Member serving on the Commission. 79 80 Commissioner Carlson suggested the Commission appoint its own liaison to the Council to 81 attend Council meetings. 82 83 Commissioner Trehus stated he does not believe there would be as much participation from a 84 liaison that is not both on the Commission and City Council. 85 Charter Commission July 13, 2006 Page 2 OLD BUSINESS DRAFT 2 Charter Commission July 13, 2006 Page 3 DRAFT ,•-'46 MOTION by Commissioner Bening seconded by Commissioner Carlson to proceed with the s7 amendment as proposed by the City Council. 88 89 Commissioner Trehus stated the Commission does have the option to say no to putting the 90 amendment on the ballot and recommending the proposed change be adopted as an ordinance. 91 He stated he believes the Commission should vote no and offer a recommendation to adopt the 92 amendment by ordinance to keep it off the ballot. 93 94 Chair Warren clarified the Commission has to vote on the proposed amendment. Then a vote 95 would be taken on the process that should be recommended to the Council to move forward. 96 97 Commissioner Bening called the question. 98 99 MOTION failed with Commissioner's Warren, Duffy, Dahl, Vacha, Handrick and Trehus voting 100 no. 101 102 Commissioner Bening excused himself from the meeting at 7:30 p.m. He advised he is opposed 103 to the proposed change to the amendment from the sub committee. 104 105 Commissioner Handrick referred to the proposal from the Council and suggested it be changed to 106 say that no Council Member shall be a voting member of the Commission. 107 108 Commissioner Trehus suggested the Commission go with the proposal from the Council adding 109 an amendment that states a member of the City Council may serve as a non-voting liaison to the 110 City Charter Commission. He stated he believes putting the amendment on the ballot implies 111 something bad happened in the past regarding this issue. 112 �13 MOTION by Chair Warren, seconded by Commissioner Trehus, to approve the proposal 114 submitted by the Council adding an amendment that states one member of the City Council may 115 serve as a non-voting liaison to the City Charter Commission. 116 117 MOTION carried with Commissioner Vacha voting no. 118 119 MOTION by Commissioner Handrick, seconded by Commission Trehus, to recommend the 120 revised amendment be approved by ordinance. 121 122 Commissioner Dahl stated Mayor Bergeson has indicated this does not qualify for a special 123 election. 124 125 Commissioner Carlson made a friendly amendment to the motion to include "per Chapter 410.10 126 Subdivision 7. The makers of the motion agreed to the amendment. 127 128 MOTION carried with Commissioner Vacha voting no. 129 3 Charter Commission July 13, 2006 Page 4 DRAFT ,"*No Road Reconstruction and Council Response — Chair Warren stated everyone received the 31 City's response in regarding to road reconstruction. 132 133 Commissioner Dahl stated she requested the information for the purpose of being updated only. 134 She suggested the Commission receive another update at the October meeting. 135 136 Five Year Plan Response — Chair Warren read the response from the City and stated there is no 137 1 public end date to the Five Year Plan. She stated themneeds to be a plan to complete the plan. 138 139 Commissioner Duffy stated she does not believe there will be any new information on this until 140 January or February when the budget process is completed. 141 142 MOTION by Commissioner Duffy to table the Five Year Plan to the January 2007 meeting. 143 144 Commissioner Dahl and Trehus suggested another update should be given at the October meeting 145 to keep the City on task with the Plan. 146 147 Chair Warren suggested Commissioner Dahl requests clarification from the City regarding the 148 completion of the Five Year Plan. 149 150 Commissioner Duffy withdrew the motion. 151 152 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to send a memo to the 153 City Administrator asking for clarification on the completion of the Five Year Plan. Motion 154 carried. 155 �56 Quality of Life Survey Chair Warren referred to the written response from the City regarding 57 this issue. 158 159 Kennedy and Graven Charter Review: YMCA and Legacy — Trehus (Refer to Line 76 in 160 April 13, 2006 Minutes) - Commissioner Trehus provided the background on this issue noting 161 the headings on the expenses have white out on them and the services were not paid for one year. 162 He added he is not aware of any concerns raised over this issue but more investigation could be 163 completed. 164 165 Chair Warren stated it appears that staff got legal opinions about the Charter. Staff can do that as 166 long as the fees do not come out of the Charter budget. 167 168 Commissioner Carlson read a memo from the Finance Director regarding this issue. The memo 169 stated the auditor indicated the expenses were handled in the proper manner. The auditor also 170 ( recommended the titles of the line items k changed to avoid confusion in the future. 171 172 Commissioner Dahl stated if staff is obtaining legal opinions related to the Charter the 173 Commission should have access to that information. 4 1 Charter Commission July 13, 2006 Page 5 DRAFT X74 15 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, to request copies of 176 information related to Charter inquiries and legal opinions when available. 177 178 Commissioner Trehus added the Commission should also get a summary of verbal opinions. 179 180 MOTION carried. 181 182 The Commission asked Commissioner Dahl to write a letter to the City requesting that 183 information. 184 185 Accessible Projects Process Update (Refer to Lines 450-451 in April 13, 2006 Minutes) 186 Neighborhood Concerns - Commissioner Trehus advised everyone received a memo outlining 187 an option to get the neighborhood behind a road reconstruction project. He noted it is a rough 188 draft and believes the process would work. It basically adds an option for neighborhood input. 189 He suggested having a joint meeting with the Council to discuss this or send them a 190 recommendation. 191 192 Chair Warren stated she does not fully understand the current process for road reconstruction so 193 she does not know if this is the optimal solution. She suggested getting the City Boards or teams 194 of expertise involved in the process. 195 196 Commissioner Carlson stated he is not supportive of the proposal. He gave his reason why and 197 stated the proposal would make it harder to build roads within the City. 198 199 Commissioner Trehus stated this is just the first step to get neighborhoods together before City dollars are spent on a project. This is a very rough draft and it would need revisions. 01 202 Chair Warren stated she would like the optimal process within the City for this issue. She stated 203 experts are needed to create that process. 204 205 Commissioner Handrick suggested an informational meeting with staff to better understand the 206 current process. 207 208 Commissioner Carlson asked if the previous memo was sent to the Council and if a response was 209 received. 210 211 Commissioner Trehus stated he did not send a memo with the options that were outlined at the 212 last meeting. 213 214 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to invite the City 215 Engineer and Community Development Director to make a presentation on the current road 216 reconstruction process. 217 5 Charter Commission July 13, 2006 Page 6 DRAFT ,""Ni 8 Commissioner Handrick made a friendly amendment to include Commissioner Trehus draft a 19 letter outlining that request and submit it to the Chair and Secretary of the Commission for 220 review. 221 222 MOTION carried. 223 224 The Commission requested Commissioner Trehus review the April 8, 2004 minutes prior to 225 drafting that letter. 226 227 Commissioner Storberg requested that meeting be first on the agenda at the October meeting. 228 229 Commissioner Dahl requested packets of information be distributed at the meeting. 230 231 NEW BUSINESS 232 233 Discussion of Outside Services — Commissioner Dahl advised the Commission might want to 234 I obtain second opinions on various issues. She stated she does have a list of other Attorneys the 235 Commission could contact for information. 236 237 Discussion of Charter Budget — Commissioner Trehus stated the City of Ramsey has similar 238 Charter provisions. Their City Attorney attends all Charter meetings. He stated he believes the 239 Commission could request an attorney be present at all meetings as well as the $1,500 Charter 240 budget. 241 242 Chair Warren stated this item would be placed on the October meeting agenda. 243 /••••44 45 agenda. 246 Discuss By -Law Revision to Restructure Meeting — Chair Warren removed this item from the 247 Surface Water Management — Commissioner Dahl referred to the City web page regarding this 248 issue. 249 250 Set Agenda for October 12, 2006 Meeting — Chair Warren set the following agenda for the 251 October 12, 2006 Charter Commission Meeting: 252 253 1. Call to Order and Roll Call 254 2. Approval of Agenda 255 3. Open Microphone 256 4. Meeting with City Staff regarding Road Reconstruction Process 257 5. Approval of Minutes 258 A. July 13, 2006 259 6. Old Business 260 A. Five -Year Plan 261 6 1 Charter Commission July 13, 2006 Page 7 DRAFT ^s62 63 7. New Business 264 A. Discussion of Outside Services 265 B. Discussion of Charter Budget 266 C. Discussion of Three Charter Commission Meetings per Year 267 D. Set Agenda for January 2007 Meeting 268 8. Adjourn 269 270 ADJOURN 271 272 MOTION by Commissioner Vacha seconded by Commissioner Aldentaler, to adjourn the 273 meeting at 9:30 p.m. Motion carried unanimously. 274 275 276 Respectfully Submitted, 277 278 Kim Points 279 TimeSaver Off -Site Secretarial, Inc. 280 /—•„,2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT DRAFT 14-m 66 - CITY OF LINO LAKES CHARTER COMMISSION October 12, 2006 6:33 P.M. 8:50 P.M. Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening, Duffy, Storberg, Zastrow, Montain, Richard Williams and Carlson Bor, Warren and Rosemary Williams None None CALL TO ORDER AND ROLL CALL Acting Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:33 p.m. on October 12, 2006. Acting Chair Duffy noted there is a community -visioning meeting at Eagle Brook Church this evening. Anyone wishing to attend is excused from the meeting. APPROVAL OF AGENDA Commissioner Dahl noted she has information on the concept plan for Robinson properties to share with anyone interested after the meeting. MOTION by Commissioner Bening, seconded by Commissioner Vacha, to approve the agenda as presented. Motion carried unanimously. The agenda was approved as presented. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES July 13, 2006 — MOTION by Commissioner Carlson, seconded by Commissioner Trehus, to table the minutes to the January 2007 meeting. Motion carried unanimously. OLD BUSINESS Road Reconstruction and Council Response — Commissioner Trehus stated he had invited the Community Development Director and City Engineer to the meeting this evening to discuss this Charter Commission October 12, 2006 Page 2 DRAFT "--•46 issue. The decision was made to postpone the discussion to the January 2007 meeting because of 47 the other meeting that is being held this evening. 48 49 Commissioner Trehus noted the agenda item should be changed to "Road Reconstruction and 50 Staff Discussion". He indicated Chair Warren would be re -drafting his letter that will be sent to 51 City staff regarding the discussion. 52 53 Outcome of City Staff and City Council Actions with Pending Charter Amendment, 54 Gordon Heitke, City Administrator — Chair Duffy referred to the memo sent by City 55 Administrator Heitke regarding the petition that was presented to the City Council. The Council 56 decided to prepare the amendment as requested in the petition with no revisions for placement on 57 the ballot. 58 59 Review of City Council Decision, Commissioner Dahl — Commissioner Dahl stated that 60 because the Charter was so involved in this issue that the Commission needed detailed minutes 61 from the Council meeting when this was discussed. She distributed verbatim minutes from that 62 section of the Council meeting as prepared by Commissioner Duffy. 63 64 ONGOING REPORTS UPDATED QUARTERLY, GORDON HEITKE 65 66 Five -Year Plan — Acting Chair Duffy referred to the memo from the City Administrator 67 regarding this issue. The memo indicated the final revision would be made in December 68 concurrently with the 2007 budget. 69 70 Commissioner Montain stated it is the job of the Commission to ensure the City has a Five Year 71 Plan. The memo is just another brush off to the Commission regarding this issue. The City ^72 needs to follow the Charter and have a Five Year Plan. It is the job of the Chair of the 73 Commission to get the Council's attention and make sure they complete a Five Year Plan. The 74 Chair should make it more of a public discussion and get this issue put on a Council agenda to 75 point out to them in a public form they are not doing their job. 76 77 Commissioner Bening suggested this issue be put on the Council agenda and a letter be read to 78 them outlining options such as taking the requirement out of the Charter, complete the plan, or 79 petition on a recall of the elected officials. 80 81 Commissioner Carlson pointed out the Surface Water Management Plan would make a big 82 difference in the Five Year Plan. 83 84 I MOTION by Commissioner Trehus, seconded by Commissioner Montain, to fonn a 85 subcommittee to bring this issue to the Council face to face as an agenda item to enforce the Five 86 Year Plan. 87 88 Acting Chair Duffy also suggested the Commission do some research about what the 89 Commission's options are in regard to this issue. 2 Charter Commission October 12, 2006 Page 3 DRAFT '—"N70 J1 1 Commissioner Dahl suggested as many Commissionei as possible attend that Council Meeting. 92 93 Commissioner's Montain, Trehus, Dahl and Vacha volunteered for the subcommittee. 94 95 I Commissioner Bening indicated he hopes Chair Warren will also be involved with the committee 96 and make the presentation to the Council. 97 98 MOTION carried unanimously. 99 100 Finished Report on Quality of Life Survey — Acting Chair Duffy referred to a memo from the 101 City Administrator regarding this issue. She read the question and results from the survey in 102 relation to the Charter requirements in terms of road reconstruction. 103 104 Commissioner Handrick excused herself from the meeting at 7:30 p.m. 105 106 Commissioner Zastrow suggested the Commission work as a group to change the City Charter so 107 the City can have a fund to fix roads. He stated it makes no sense to have a Five Year Plan for 108 1 roads when there are no funds to fix the roads. 109 110 Commissioner Montain stated there are many funds available to borrow from for road projects 111 that could be repaid at some point in the future. 112 113 Commissioner Trehus noted he likes the system the way it is but the neighborhoods and City 114 should work together on projects. 115 ,,„..„k16 Surface Water Management Plan — Acting Chair Duffy referred to a memo from the City 7 Administrator regarding this issue. 118 119 Commissioner Carlson stated the Executive Summary of the plan does not included figures 120 related to costs and assessments. 121 122 Commissioner Storberg stated the plan seems very un -equitable and unfair. Residents who 123 attended the meeting were very upset. 124 125 Commissioner Trehus stated that at some point in time this could become a Charter issue. 126 127 NEW BUSINESS 128 129 A Charter Report, Commissioner Dahl — Commissioner Dahl stated she became aware of a 130 City of Mounds View proposed charter amendment regarding establishing a cap on tax increases. 131 She stated if anyone is interested she could make copies of the available information. She noted 132 it was a charter initiative and will be on the ballot this fall. 133 3 Charter Commission October 12, 2006 Page 4 DRAFT ""'""i4 Commissioner Storberg suggested the Commission think about this issue and discuss it at the .,5 next meeting. 136 137 Acting Chair Duffy stated she would like more background information on this issue. 138 139 Commissioner Trehus stated he would like to see the ballot question. 140 141 MOTION by Commissioner Trehus, seconded by Commissioner Bening, to invite one or more of 142 the officers of the Mounds View Charter Commission to the January meeting to discuss the 143 ballot initiative. Motion passed with Commissioner Montain voting no. 144 145 Discussion of Three Charter Commission Meetings Per Year, Commissioner Storberg - 146 Commissioner Storberg stated it is difficult to get a quorum for the summer meeting. She stated 147 she believes the Commission can get their business completed in three meetings a year and can 148 always schedule an extra meeting if necessary. 149 150 MOTION by Commissioner Storberg, seconded by Commissioner Dahl, to meet the second 151 Thursday in January, April and October 2007. 152 153 Commissioner Montain stated he believes that is addressing a problem that is not there. 154 155 Commissioner Vacha stated he believes the Commission should meet four times a year. 156 157 MOTION failed with Commissioners Aldentaler, Carlson, Dahl, Duffy, Williams, Zastrow, 158 Vacha, Montain, Bening and Trehus voting no. 159 Acting Chair Duffy noted the Commission could decide at the April meeting if the July meeting i1 should be changed. 162 163 Pledge of Allegiance, Commissioner Dahl — Conunissioner Dahl stated she believes the 164 Commission should start saying the Pledge of Allegiance at its meetings. She indicated if the 165 Commission is in agreement, she would see if a flag were available for the meeting room. 166 167 MOTION by Commissioner Dahl seconded by Commissioner Montain, to say the Pledge of 168 Allegiance at Charter Commission meetings. Motion carried with Commissioner Bening voting 169 no. 170 171 Annual Report — Commissioner Montain stated it has always been the policy and practice, as 172 well as stated in the by-laws, that the annual report be presented at the October meeting for 173 approval. 174 175 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to put this issue on the 176 January meeting for discussion. 177 4 Charter Commission October 12, 2006 Page 5 1 DRAFT X78 Commissioner Bening read the by-laws regarding this matter and stated it indicates the secretary 19 has to submit the Chair's approved annual report to the judge. He stated he agrees it should be 180 done in October for the current year. 181 182 MOTION carried with Commissioner Montain and Bening voting no. 183 184 Set Agenda for January 11, 2007 Meeting — Acting Chair Duffy set the following agenda for 185 the January 11, 2007 Charter Commission Meeting: 186 187 1. Call to Order and Roll Call 188 189 2. Pledge of Allegiance 190 191 3. Approval of Agenda 192 193 4. Open Microphone 194 195 5. Approval of Minutes 196 A. July 13, 2006 197 B. October 12, 2006 198 199 6. Old Business 200 A. Road Reconstruction and Staff Discussion 201 B. Outcome of City Staff and City Council Actions with Charter Amendment 202 C. Annual Report 203 r-*04 7. On-Going Reports 05 A. Five Year Plan 206 207 8. New Business 208 A. Annual Report By-laws 209 B. Mounds View Ballot Amendment 210 211 9. Set Agenda for April 2007 Meeting 212 213 11. Adjourn 214 215 MOTION by Commissioner Bening, seconded by Commissioner Dahl to approve the January 11, 216 2007 agenda. Motion carried unanimously. 217 218 ADJOURN 219 220 MOTION by Commissioner Carlson seconded by Commissioner Trehus, to adjourn the meeting 221 at 8:50 p.m. Motion carried unanimously. 5 Charter Commission October 12, 2006 Page 6 "—‘22 23 Respectfully Submitted, 224 225 Kim Points 226 TimeSaver Off -Site Secretarial, Inc. 227 DRAFT 6 -14- t MEMO To: Lino Lakes Community Development Director, Mike Grochala Lino Lakes City Engineer, Jim Studenski From: Paulette Warren, Chair, Lino Lakes Charter Commission Subj: Invitation to Attend Charter Commission Meeting Date: January 3, 2007 On behalf of the Charter Commission, we welcome your attendance at the upcoming Charter Commission Meeting on Thursday, January 13, 2007 at 6:30 in the Community Room at City Hall. The purpose of your attendance will be to explore whether the Commission and the City are able to develop a process and plan together, ultimately resulting in a charter amendment. The Commission would very much like to work with the City to affect a streamlined, consensus -building process for approving neighborhood projects under Chapter 8 of the Charter. When neighborhood projects such as road construction do not have unified support of the affected residents, their chance of approval is diminished. The Commission feels that by working together, and by obtaining a better understanding of the pitfalls of our current process, we will be able to develop a better process and ultimately decrease costs associated with the project planning process. We solicit your viewpoint on where the current process gets bogged down; what ideas you might have for overcoming these gateways; what concerns you have relating to specific, existing projects; and where we might improve the process. We are open to your input and would consider any suggestions to obtain resident input at appropriate points in the process. Our ultimate goal is to work together to create a process that is positive for all. We are holding a place on our agenda for your appearance from 6:35 to7:1OPM. -15- ROAD RECONSTRUCTION and NEIGHBORHOOD PROJECTS A Background Report on Commission Activities Submitted to City Staff for Consideration, July 3, 2007 Submitted by Chair Warren As indicated in our invitations, the Charter Commission is interested in better understanding the City planning processes in order to jointly develop a streamlined method of involving residents in consensus building for future projects affected under Chapter 8 of the Charter. Without benefit of your input, the Commission asks your consideration and feedback to the following concepts developed by a subcommittee and facilitated by Commissioner Trehus. Please review these concepts and give us your assessment of whether this would assist or impede the current process. We are open to your suggestions. A. Neighborhood surveys that both inform and solicit resident input could be utilized instead of or in conjunction with the petitioning process. B. If petitions are deemed the best way to proceed, development of and requirement to use a standard petition form will aid citizens and avoid confusion over terminology. C. Feasibility studies are part of the current assessment process; because these studies are costly, residents should be notified of the cost in advance and given the opportunity to decide if such studies should go forward. D. The question of whether affected residents want the projects to proceed should be addressed and answered before referenda occurs Memorandum Date: January 4, 2007 To: Charter Commission Chairperson Warren and Commissioners From: Gordon Heitke Re: Meeting Request As requested in Chairperson Warren's e-mail of Tuesday, the subsequent memo related to road reconstruction and requesting staff to be present at the January 11, 2007 Charter Commission meeting was distributed to the Council at their January 3 work session meeting. The Council reacted very positively to the suggestions contained in the memo and complimented Chairperson Warren on initiating this communication. The Council, however, is proposing an alternative approach to addressing the issues raised in the memo. First, the issue of "whether the Commission and the City are able to develop a process and plan together..." is something that will need to be determined by the Commission and the Council. The staff will carry out whatever directive they receive from the Council. In response to the points in the memo regarding "better understanding the pitfalls of our current process", receiving input on "where the process gets bogged down", "ideas...for overcoming these gateways", and "where we might improve the process", the Council and staff agree that Mr. Grochala and Mr. Studenski are not the most appropriate resource persons to address these issues. Mr. Studenski's involvement in road reconstruction is limited to the design and engineering aspects of the improvements and Mr. Grochala carries out the directives of the city's bond counsel. Due to the complexity of the interrelationship of the present charter provisions and statutes, and ambiguities within the charter, the city's bond counsel interprets the charter and advises staff on all charter - related activities. Therefore, the Council feels that a more appropriate and effective approach to addressing the intent of the memo is to have the Council members involved and to have the city's bond counsel and financial advisors present to address the implications of the existing charter provisions and any amendments being considered. It was suggested that the initial step in this process should be a 2-3 hour joint Charter Commission — Council workshop session with presentations from the city's bond counsel and financial advisors in order for everyone to have a common understanding of both the statutory and charter requirements and processes for public improvements, prior to engaging in discussions related to changing the charter. It was the consensus of the Council to not have Mr. Grochala and Mr. Studenski attend the January 1 I Charter Commission meeting for the above stated reasons, but have staff propose a charter review process to the Council that could be used by the Charter Commission and Council to accomplish the intent of Chairperson Warren's memo. It should be noted that the subsequently received correspondence entitled "Road Reconstruction and Neighborhood Projects" was not part of the Council's discussion as it was received after the work session had concluded. I would suggest that this document reinforces the need for the workshop previously discussed as there are statutes which are applicable to some of concepts included in this document. Attachments: 1. Warren memo: Invitation to Attend Charter Commission Meeting 2. Road Reconstruction and neighborhood Projects 2 MEMO To: Lino Lakes Community Development Director, Mike Grochala Lino Lakes City Engineer, Jim Studenski From: Paulette Warren, Chair, Lino Lakes Charter Commission Subj: Invitation to Attend Charter Commission Meeting Date: January 3, 2007 On behalf of the Charter Commission, we welcome your attendance at the upcoming Charter Commission Meeting on Thursday, January 13, 2007 at 6:30 in the Community Room at City Hall. The purpose of your attendance will be to explore whether the Commission and the City are able to develop a process and plan together, ultimately resulting in a charter amendment. The Commission would very much like to work with the City to affect a streamlined, consensus -building process for approving neighborhood projects under Chapter 8 of the Charter. When neighborhood projects such as road construction do not have unified support of the affected residents, their chance of approval is diminished. The Commission feels that by working together, and by obtaining a better understanding of the pitfalls of our current process, we will be able to develop a better process and ultimately decrease costs associated with the project planning process. We solicit your viewpoint on where the current process gets bogged down; what ideas you might have for overcoming these gateways; what concerns you have relating to specific, existing projects; and where we might improve the process. We are open to your input and would consider any suggestions to obtain resident input at appropriate points in the process. Our ultimate goal is to work together to create a process that is positive for all. We are holding a place on our agenda for your appearance from 6:35 to 7:10 PM. ROAD RECONSTRUCTION and NEIGHBORHOOD PROJECTS `-- A Background Report on Commission Activities Submitted to City Staff for Consideration, July 3, 2007 Submitted by Chair Warren As indicated in our invitations, the Charter Commission is interested in better understanding the City planning processes in order to jointly develop a streamlined method of involving residents in consensus building for future projects affected under Chapter 8 of the Charter. Without benefit of your input, the Commission asks your consideration and feedback to the following concepts developed by a subcommittee and facilitated by Commissioner Trehus. Please review these concepts and give us your assessment of whether this would assist or impede the current process. We are open to your suggestions. A. Neighborhood surveys that both inform and solicit resident input could be utilized instead of or in conjunction with the petitioning process. B. If petitions are deemed the best way to proceed, development of and requirement to use a standard petition form will aid citizens and avoid confusion over terminology. C. Feasibility studies are part of the current assessment process; because these studies are costly, residents should be notified of the cost in advance and given the opportunity to decide if such studies should go forward. D. The question of whether affected residents want the projects to proceed should be addressed and answered before referenda occurs Memorandum To: Charter Commission From: Julie Bartell, City Clerk Date: January 11, 2007 Re: Amendment to the City of Lino Lakes Charter, Chapter II, Section 2.04 As authorized by City Council action of September 11, 2006, the above -referenced amendment to the city charter was presented to Lino Lakes voters at the November 7, 2006 general election. The amendment was approved as indicated in the attached Election Summary Report. At the advice of the City Attorney and according to State Statute, appropriate actions were taken to finalize this change to the city charter. The amendment officially took effect on December 7, 2006 and at that time copies were recorded with Anoka County and the Minnesota Secretary of State's Office. I have replaced the appropriate pages in all charter books in my possession and on the City Web site and have forwarded copies of the pages to staff and commissioners. -17- CITY OF LINO LAKES ELECTION SUMMARY REPORT NOVEMBER 7, 2006 l Pr. #1 Pr. #2 Pr. #3 Pr. #4 Pr. #5 Pr. #6 Pr. #7 TOTAL # of Reg. Persons at 7 a.m. 1123 1582 1538 1989 935 2755 902 10824 # of Persons Registering on Election Day 100 155 82 118 97 197 45 794 Total # of Reg. Voters 1223 1737 1620 2107 1032 2952 947 11618 CITY QUESTION -AMENDMENT TO CITY CHARTER Yes 642 958 851 1198 595 1617 576 6437 No 139 150 138 157 76 201 76 937 Blank 91 132 133 148 101 236 68 909 Overvote 0 0 0 0 0 1 0 1 Voter Receipts 817 1193 1077 1389 736 1907 692 7811 Absentee 55 47 45 114 36 148 28 473 Total # Voters 872 1240 1122 1503 772 2055 720 8284 Turn -out % 71% 71% 69% 71% 75% 70% 76% average = 72% l We, the legally constituted Municipal Canvassing Board, certify that the returns were duly examined, approved and placed on file in the Office of the City Clerk. )2 ) 1-fri4vi ( e -- DRAFT ANNUAL REPORT OF THE LINO LAKES CHARTER COMMISSION TO: Charter Commission Members for Approval To be forwarded on Approval to: The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 FROM: Paulette Warren, Chair, Lino Lakes Charter Commission Date: January 11,2007 New Officers of the Charter Commission were installed at the April 13, 2006 meeting. They include Chair Paulette Warren, Vice Chair Cori Duffy, and Secretary Caroline Dahl. Full meetings of the Charter Commission were held on April 13, July 13, October 12, 2006 and January 13, 2007 Minutes of these meetings are available for your review. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. MINUTES The Commission is satisfied that the business service hired by the City to record Charter meetings is efficiently handling the process. In order to better facilitate review and approval of minutes, the service has now added numeric line designations to all records. The Commission strives to correct only substantive corrections to minutes at each session; and Commissioners are so prepared to address these concerns at each meeting. CHARTER EXPENDITURES The Commission remains concerned regarding assessments of City expenditures against the Charter operating budget, without involvement or prior approval of the Charter Commission. In the year ahead, the Chair recommends that the Commission seek involvement in establishing its annual operating budget and a specific process for accessing funds. CHARTER AMENDMENTS During this term, a citizen petition was presented to amend the Charter, prohibiting council members from serving on the Charter. Subsequently this amendment passed with the November election and is being enacted. COUNCIL/COMMISSION COMMUNICATIONS Communications between the Commission and the Council remain strained. The Commission has requested the Council appoint a liaison to help facilitate better understanding of the work processes and concerns that might impede citizen involvement in govemance. To date, no such action has taken place. ACCESSIBLE PROJECTS PROCESS The Commission is initiating a discussion with City Staff to encourage more in depth understanding of the pitfalls encountered when neighborhood improvement projects such as road reconstruction are being considered. It is the intention of the Commission to work toward a streamlined, consensus building process that will hopefully reduce planning costs while removing constraints so that projects may move forward with appropriate citizen involvement. Chair recommends this be the priority project of the Commission in the coming year, resulting in an amendment to Chapter 8 of the Charter. -20- DRAFT ACCOUNTABILITY AND THE FIVE YEAR PLAN The Commission spent many hours discussing the status of the Five Year Plan, which is required by Charter to be updated every year. The last Five year Plan was approved from 1992 through 1996 under the office of Mayor Landers. Ultimately, the City Administrator informed the Commission that the final revision of the Five Year Plan would be made in December, 2006 with the 2007 budget. The Commission is presently engaged in determining what options are open to insure that the City comply with the Charter requirement on an ongoing basis. Realizing the City has many challenges in developing a comprehensive plan, the goal of the Commission is not to impede progress; bur rather to insure timely, ongoing review, updates and communication with residents in an open environment. Respectfully submitted, LINO LAKES CHARTER COMMISSION Chair, Paulette Warren January 13, 2007 Memorandum Date: January 4, 2007 To: Charter Commission From: Gordon Heitke Re: Five Year Plan Update / e i— 7 , As some of you are already aware, the City Council conducted a public hearing and subsequently adopted the Five Year Financial Plan on December 18, 2006. Comments were offered by one citizen at the hearing. I believe that this plan provides a more accurate look to future needs and related costs as it incorporates the recommendations and policies established in the Pavement Management Program and addresses some long term financial issues that were addressed by the Council during financial workshops held during 2006. An important component of the financial plan is forecasting the future tax capacity of the city. This plan includes two scenarios for how market value increases will be affected by the current and near future housing market. Both scenarios reflect the current poor housing market, with one scenario showing a slowly recovering market and the other scenario being an extended poor market. Both of these conservative scenarios result in a projected a tax rate decline in 2011 from the 2006 rate. The copy of the Five Year Financial Plan that was previously sent to you was adopted with no changes. o 250 West Pine Street Lino Lakes, MN 55014 January 13, 2007 The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 Dear Judge Shurrer: With regret, I hereby resign my position as Chair of the Lino Lakes Charter Commission along with participation as Commissioner, effective January 13, 2007 at the close of our regularly- scheduled meeting. The demands of my personal life are such that I cannot in good faith fulfill the requirements of this Commission. Additionally, I want to eliminate any possibility that my involvement in civic affairs would appear to be a conflict of interest, which could potentially be misrepresented in the future. Thank you for the opportunity to serve. I believe that citizens must have a process for engaging in decisions that affect their well-being; and that the Charter, when enlisted appropriately, is the strongest assurance of such involvement. It is my hope that Lino Lakes will remain a Charter City and that governance will continue to require resident input. Sincerely, Paulette Warren cc: Charter Commission Members Mayor John Bergeson City Council Members Julie Bartell, City Clerk ANNUAL REPORT OF THE LINO LAKES CHARTER COMMISSION Approved by the Charter Commission on January 11, 2007 TO: The Honorable Gary R. Schurrer Chief Judge, Tenth Judicial District Washington County Government Center Stillwater, MN 55082-3802 FROM: Paulette Warren, Chair, Lino Lakes Charter Commission Date: January 11, 2007 New Officers of the Charter Commission were installed at the April 13, 2006 meeting. They include Chair Paulette Warren, Vice Chair Cori Duffy, and Secretary Caroline Dahl. Full meetings of the Charter Commission were held on April 13, July 13, October 12, 2006 and January 13, 2007. Minutes of these meetings are available for your review. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. MINUTES The Commission is satisfied that the business service hired by the City to record Charter meetings is efficiently handling the process. In order to better facilitate review and approval of minutes, the service has now added numeric line designations to all records. The Commission strives to correct only substantive corrections to minutes at each session; and Commissioners are so prepared to address these concerns at each meeting. CHARTER EXPENDITURES The Commission remains concerned regarding assessments of City expenditures against the Charter operating budget, without involvement or prior approval of the Charter Commission. In the year ahead, the Chair recommends that the Commission seek involvement in establishing its annual operating budget and a specific process for accessing funds. CHARTER AMENDMENTS During this term, a citizen petition was presented to amend the Charter, prohibiting council members from serving on the Charter. Subsequently this amendment passed with the November election and is being enacted. COUNCIL/COMMISSION COMMUNICATIONS Communications between the Commission and the Council remain strained. The Commission has requested the Council appoint a liaison to help facilitate better understanding of the work processes and concerns that might impede citizen involvement in governance. To date, no such action has taken place. ASSESSABLE PROJECTS PROCESS The Commission is initiating a discussion with City Staff to encourage more in depth understanding of the pitfalls encountered when neighborhood improvement projects such as road reconstruction are being considered. It is the intention of the Commission to work toward a streamlined, consensus building process that will hopefully reduce planning costs while removing constraints so that projects may move forward with appropriate citizen involvement. Chair recommends this be the priority project of the Commission in the coming year, resulting in an amendment to Chapter 8 of the Charter. ACCOUNTABILITY AND THE FIVE YEAR PLAN The Commission spent many hours discussing the status of the Five Year Plan, which is required by Charter to be updated every year. The last Five Year Plan was approved for the period of 2003 through 2007 under the office of Mayor Bergeson; it was approved by the Council on January 13, 2003. Ultimately, the City Administrator informed the Commission that the final revision of the Five Year Plan would be made in December, 2006 with the 2007 budget. The Commission is presently engaged in determining what options are open to insure that the City comply with the Charter requirement on an ongoing basis. Realizing the City has many challenges in developing a comprehensive plan, the goal of the Commission is not to impede progress; bur rather to insure timely, ongoing review, updates and communication with residents in an open environment. Respectfully submitted, LINO LAKES CHARTER COMMISSION Chair, Paulette Warren January 11, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT DRAFT I ..fm i CITY OF LINO LAKES CHARTER COMMISSION : October 12, 2006 . 6:33 P.M. : 8:50 P.M. : Dahl, Aldentaler, Trehus, Handrick, Vacha, Duffy, Storberg, Zastrow, Montain, Richard and Carlson : Bor, Warren and Rosemary Williams : None : None CALL TO ORDER AND ROLL CALL Bening, h Williams Acting Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:33 p.m. on October 12, 2006. Acting Chair Duffy noted there is a community -visioning meeting at Eagle Brook Church this evening. Anyone wishing to attend is excused from the meeting. APPROVAL OF AGENDA Commissioner Dahl noted she has information on the concept plan for Robinson properties to share with anyone interested after the meeting. MOTION by Commissioner Bening, seconded by Commissioner Vacha, to approve the agenda as presented. Motion carried unanimously. The agenda was approved as presented. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES July 13, 2006 — MOTION by Commissioner Carlson, seconded by Commissioner Trehus, to table the minutes to the January 2007 meeting. Motion carried unanimously. OLD BUSINESS Road Reconstruction and Council Response — Conunissioner Trehus statedy had invited the Community Development Director and City Engineer to the meeting this evening to discuss this -9- Charter Commission October 12, 2006 Page 2 DRAFT X46 issue. The decision was made to postpone the discussion to the January 2007 meeting because of 47eker meeti g that is being held this evening. 48 StiftClad �uvc�0. 49 Commissioner Trehus noted the agenda item should be changed to "Road Reconstruction and 50 Staff Discussion". He indicated Chair Warren would be re -drafting his letter that will be sent to 51 City staff regarding the discussion. 52 53 Outcome of City Staff and City Council Actions with Pending Charter Amendment, 54 Gordon Heitke, City Administrator — Chair Duffy referred to the memo sent by City 55 Administrator Heitke regarding the petition that was presented to the City Council. The Council 56 decided to prepare the amendment as requested in the petition with no revisions for placement on 57 the ballot. 58 59 Review of City Council Decision, Commissioner Dahl — Commissioner Dahl stated that 60 because the Charter was so involved in this issue that the Commission needed detailed minutes 61 from the Council meeting when this was discussed. She distributed verbatim minutes from that 62 section of the Council meeting as prepared by Commissioner Duffy. 63 64 ONGOING REPORTS UPDATED QUARTERLY, GORDON HEITKE 65 66 Five -Year Plan — Acting Chair Duffy referred to the memo from the City Administrator 67 regarding this issue. The memo indicated the final revision would be made in December 68 concurrently with the 2007 budget. 69 70 Commissioner Montain stated it is the job of the Commission to ensure the City has a Five Year 71 Plan. The memo is just another brush off to the Commission regarding this issue. The City 72 needs to follow the Charter and have a Five Year Plan. It is the job of the Chair of the 73 Commission to get the Council's attention and make sure they complete a Five Year Plan. The 74 Chair should make it more of a public discussion and get this issue put on a Council agenda to 75 point out to them in a public form they are not doing their job. 76 77 Commissioner Bening suggested this issue be put on the Council agenda and a letter be read to 78 them outlining options such as taking the requirement out of the Charter, complete the plan, or 79 petition on a recall of the elected officials. 80 81 Commissioner Carlson pointed out the Surface Water Management Plan would make a big 82 difference in the Five Year Plan. 83 84 I MOTION by Commissioner Trehus, seconded by Commissioner Montain, to form a 85 subconunittee to bring this issue to the Council face to face as an agenda item to enforce the Five 86 Year Plan. 87 88 Acting Chair Duffy also suggested the Commission do some research about what the 89 Commission's options are in regard to this issue. 2 Charter Commission October 12, 2006 Page 3 DRAFT 10 91 1 Commissioner Dahl suggested as many Commissioners as possible attend that Council Meeting. 92 93 Commissioner's Montain, Trehus, Dahl and Vacha volunteered for the subcommittee. 94 95 1 Commissioner Bening indicated he hopes Chair Warren will also be involved with the committee 96 and make the presentation to the Council. 97 98 MOTION carried unanimously. 99 100 Finished Report on Quality of Life Survey — Acting Chair Duffy referred to a memo from the 101 City Administrator regarding this issue. She read the question and results from the survey in 102 relation to the Charter requirements in terms of road reconstruction. 103 104 Commissioner Handrick excused herself from the meeting at 7:30 p.m. 105 106 Commissioner Zastrow suggested the Commission work as a group to change the City Charter so 107 the City can have a fund to fix roads. He stated it makes no sense to have a Five Year Plan for 108 1 roads when there are no funds to fix the roads. 109 110 Commissioner Montain stated there are many funds available to borrow from for road projects 111 that could be repaid at some point in the future. 112 113 Commissioner Trehus noted he likes the system the way it is but the neighborhoods and City 114 should work together on projects. 115 ,\ 116 Surface Water Management Plan — Acting Chair Duffy referred to a memo from the City 117 Administrator regarding this issue. 118 119 Commissioner Carlson stated the Executive Summary of the plan does not included figures 120 related to costs and assessments. 121 122 Commissioner Storberg stated the plan seems very un -equitable and unfair. Residents who 123 attended the meeting were very upset. 124 125 Commissioner Trehus stated that at some point in time this could become a Charter issue. 126 127 NEW BUSINESS 128 129 A Charter Report, Commissioner Dahl — Commissioner Dahl stated she became aware of a 130 City of Mounds View proposed charter amendment regarding establishing a cap on tax increases. 131 She stated if anyone is interested she could make copies of the available information. She noted 132 it was a charter initiative and will be on the ballot this fall. 133 3 Charter Commission October 12, 2006 Page 4 DRAFT ^\34 Commissioner Storberg suggested the Commission think about this issue and discuss it at the .35 next meeting. 136 137 Acting Chair Duffy stated she would like more background information on this issue. 138 139 Commissioner Trehus stated he would like to see the ballot question. 140 141 MOTION by Commissioner Trehus, seconded by Commissioner Bening, to invite one or more of 142 the officers of the Mounds View Charter Commission to the January meeting to discuss the 143 ballot initiative. Motion passed with Commissioner Montain voting no. 144 145 Discussion of Three Charter Commission Meetings Per Year, Commissioner Storberg - 146 Commissioner Storberg stated it is difficult to get a quorum for the summer meeting. She stated 147 she believes the Commission can get their business completed in three meetings a year and can 148 always schedule an extra meeting if necessary. 149 150 MOTION by Commissioner Storberg, secondedrby Commissioner Dahl o meet the second 151 Thursday in January, April and October 2007. 152 153 Commissioner Montain stated he believes that is addressing a problem that is not there. 154 155 Commissioner Vacha stated he believes the Commission should meet four times a year. 156 157 MOTION failed with Commissioners Aldentaler, Carlson, Dahl, Duffy, Williams, Zastrow, 158 Vacha, Montain, Bening and Trehus voting no. 159 160 Acting Chair Duffy noted the Commission could decide at the April meeting if the July meeting 161 should be changed. 162 163 Pledge of Allegiance, Commissioner Dahl — Commissioner Dahl stated she believes the 164 Commission should start saying the Pledge of Allegiance at its meetings. She indicated if the 165 Commission is in agreement, she would see if a flag were available for the meeting room. 166 167 MOTION by Commissioner Dahl seconded by Commissioner Montain, to say the Pledge of 168 Allegiance at Charter Commission meetings. Motion carried with Commissioner Bening voting 169 no. 170 171 Annual Report — Commissioner Montain stated it has always been the policy and practice, as 172 well as stated in the by-laws, that the annual report be presented at the October meeting for 173 approval. 174 175 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to put this issue on the 176 January meeting for discussion. 177 4 Charter Commission July 13, 2006 Page 2 ' 43 OLD BUSINESS 44 45 Ordinance Amendment regarding Council Members on the Charter Commission — Chair 46 Warren stated everyone received information on the process and options that were to be read 47 ahead of time. 48 49 Process: Information Only (Refer to line 286 & 287 in April 13, 2006 Minutes): 50 -Copy of May 12th Letter from Attorney, Mr. Hawkins and Letter from Chair Warren — 51 Chair Warren reviewed the options that were summarized in the memo dated June 23, 2006. 52 53 Recommendation(s) of Sub Committee: Citizen Charter Amendment — Commissioner 54 Trehus advised the sub committee is recommending changing the language and slightly changing 55 the proposal from the Council. The change would state a Council Member could serve on the 56 Charter Commission but could not vote. It would also state that Council Member would be 57 appointed the official liaison and include there would be no compensation. 58 59 Commissioner Bening stated that would limit the number of votes to fourteen members and 60 could result in ties. He noted there is no place in the Charter that indicated there is an appointed 61 liaison. 62 63 Commissioner Duffy stated if the amendment goes through, the Commission may want to change 64 1 the by-laws to state,that there are, fifteen voting members and one non-voting member of the 65 Commission. 66 67 Commissioner Trehus advised state statute says there are only up to fifteen members on the 68 Charter Commission. 69 70 Commissioner Vacha stated he does not see any issue with a Council Member being on the 71 Commission and being able to vote. 72 73 Commissioner Carlson indicated suppo__rt for the proposal as submitted by the Council a stated 74 he believes it is opening a can of worms if the judge appoints a Councilto the • 75 Commission. /, l 77 Chair Warren clarified that the proposed change by the sub committee does not mandate a 78 Council Member serving on the Commission. 79 80 Commissioner Carlson suggested the Commission appoint its own liaison to the Council to 81 attend Council meetings. 82 83 Commissioner Trehus stated he does not believe there would be as much participation from a 84 liaison - . . . o on e 85 tiAin -11," cd,14„p 4,t,_d it) rv,SrcG�-- 2 -3- ck— of Charter Commission July 13, 2006 Page 3 DRAFT 86 MOTION by Commissioner Bening seconded by Commissioner Carlson to proceed with the 87 amendment as proposed by the City Council. 88 89 Commissioner Trehus stated the Commission does have the option to say no to putting the 90 amendment on the ballot and recommending the proposed change be adopted as an ordinance. 91 He stated he believes the Commission should vote no and offer a recommendation to adopt the 92 amendment by ordinance to keep it off the ballot. 93 94 Chair Warren clarified the Commission has to vote on the proposed amendment. Then a vote 95 would be taken on the process that should be recommended to the Council to move forward. 96 97 Commissioner Bening called the question. 98 99 MOTION failed with Commissioner's Warren, Duffy, Dahl, Vacha, Handrick and Trehus voting 100 no. 101 102 Commissioner Bening excused himself from the meeting at 7:30 p.m. He advised he is opposed 103 to the proposed change to the amendment from the sub committee. 104 105 Commissioner Handrick referred to the proposal from the Council and suggested it be changed to 106 say that no Council Member shall be a voting member of the Commission. 107 108 Commissioner Trehus suggested the Commission go with the proposal from the Council adding 109 an amendment that states a member of the City Council may serve as a non-voting liaison to the 110 City Charter Commission. He stated he believes putting the amendment on the ballot implies 111 something bad happened in the past regarding this issue. 112 113 MOTION by Chair Warren, seconded by Commissioner Trehus, to approve the proposal 114 submitted by the Council adding an amendment that states one member of the City Council may 115 serve as a non-voting liaison to the City Charter Commission. 116 117 MOTION carried with Commissioner Vacha voting no. 118 119 MOTION by Commissioner Handrick, seconded by Commission Trehus, to recommend the 120 revised amendment be approved by ordinance. 121 122 Commissioner Dahl stated Mayor Bergeson has indicated this does not qualify for a special 123 election. 124 125 Commissioner Carlson made a friendly amendment to the motion to include "per Chapter 410.10 126 Subdivision 7. The makers of the motion agreed to the amendment. 127 128 MOTION carried with Commissioner Vacha voting no. 129 3 Charter Commission July 13, 2006 Page 4 DRAFT • 30 Road Reconstruction and Council Response — Chair Warren stated everyone received the 131 City's response in regarding to road reconstruction. 132 133 Commissioner Dahl stated she requested the information for the purpose of being updated only. 134 She suggested the Commission receive another update at the October meeting. 135 136 Five Year Plan Response — Chair Warren read the response from the City and stated there is no 137 1 public end date to the Five Year Plan. She stated the needs to be a plan to complete the plan. 138 139 Commissioner Duffy stated she does not believe there will be any new information on this until 140 January or February when the budget process is completed. 141 142 MOTION by Commissioner Duffy to table the Five Year Plan to the January 2007 meeting. 143 144 Commissioner Dahl and Trehus suggested another update should be given at the October meeting 145 to keep the City on task with the Plan. 146 147 Chair Warren suggested Commissioner Dahl requests clarification from the City regarding the 148 completion of the Five Year Plan. 149 150 Commissioner Duffy withdrew the motion. 151 152 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to send a memo to the 153 City Administrator asking for clarification on the completion of the Five Year Plan. Motion 154 carried. 155 ,-Nr, 156 Quality of Life Survey - Chair Warren referred to the written response from the City regarding 157 this issue. 158 159 Kennedy and Graven Charter Review: YMCA and Legacy — Trehus (Refer to Line 76 in 160 April 13, 2006 Minutes) - Commissioner Trehus provided the background on this issue noting 161 the headings on the expenses have white out on them and the services were not paid for one year. 162 He added he is not aware of any concerns raised over this issue but more investigation could be 163 completed. 164 165 Chair Warren stated it appears that staff got legal opinions about the Charter. Staff can do that as 166 long as the fees do not come out of the Charter budget. 167 168 Commissioner Carlson read a memo from the Finance Director regarding this issue. The memo 169 stated the auditor indicated the expenses were handled in the proper manner. The auditor also 170 I recommended the titles of the line items changed to avoid confusion in the future. 171 172 Commissioner Dahl stated if staff is obtaining legal opinions related to the Charter the 173 Commission should have access to that information. 4 1 Charter Commission DRAFT July 13, 2006 Page 5 \74 175 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, to request copies of 176 information related to Charter inquiries and legal opinions when available. 177 178 Commissioner Trehus added the Commission should also get a summary of verbal opinions. 179 180 MOTION carried. 181 182 The Commission asked Commissioner Dahl to write a letter to the City requesting that 183 information. 184 185 Accessible Projects Process Update (Refer to Lines 450-451 in April 13, 2006 Minutes) 186 Neighborhood Concerns - Commissioner Trehus advised everyone received a memo outlining 187 an option to get the neighborhood behind a road reconstruction project. He noted it is a rough 188 draft and believes the process would work. It basically adds an option for neighborhood input. 189 He suggested having a joint meeting with the Council to discuss this or send them a 190 recommendation. 191 192 Chair Warren stated she does not fully understand the current process for road reconstruction so 193 she does not know if this is the optimal solution. She suggested getting the City Boards or teams 194 of expertise involved in the process. 195 196 Commissioner Carlson stated he is not supportive of the proposal. He gave his reason why and 197 stated the proposal would make it harder to build roads within the City. 198 199 Commissioner Trehus stated this is just the first step to get neighborhoods together before City "•—•%, 200 dollars are spent on a project. This is a very rough draft and it would need revisions. 201 202 Chair Warren stated she would like the optimal process within the City for this issue. She stated 203 experts are needed to create that process. 204 205 Commissioner Handrick suggested an informational meeting with staff to better understand the 206 current process. 207 208 Commissioner Carlson asked if the previous memo was sent to the Council and if a response was 209 received. 210 211 Commissioner Trehus stated he did not send a memo with the options that were outlined at the 212 last meeting. 213 214 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to invite the City 215 Engineer and Community Development Director to make a presentation on the current road 216 reconstruction process. 217 5 Charter Commission July 13, 2006 Page 6 DRAFT '��18 Commissioner Handrick made a friendly amendment to include Commissioner Trehus draft a z19 letter outlining that request and submit it to the Chair and Secretary of the Commission for 220 review. 221 222 MOTION carried. 223 224 The Commission requested Commissioner Trehus review the April 8, 2004 minutes prior to 225 drafting that letter. 226 227 Commissioner Storberg requested that meeting be first on the agenda at the October meeting. 228 229 Commissioner Dahl requested packets of information be distributed at the meeting. 230 231 NEW BUSINESS 232 233 Discussion of Outside Services — Commissioner Dahl advised the Commission might want to 234 I obtain second opinions on various issues. She stated she does have a list of other sttorneys_the _ 235 Commission could contact for information. 236 237 Discussion of Charter Budget — Commissioner Trehus stated the City of Ramsey has similar 238 Charter provisions. Their City Attorney attends all Charter meetings. He stated he believes the 239 Commission could request an attorney be present at all meetings as well as the $1,500 Charter 240 budget. 241 242 Chair Warren stated this item would be placed on the October meeting agenda. 243 i� 244 Discuss By -Law Revision to Restructure Meeting — Chair Warren removed this item from the 245 agenda. 246 247 Surface Water Management - Commissioner Dahl referred to the City web page regarding this 248 issue. 249 250 Set Agenda for October 12, 2006 Meeting — Chair Warren set the following agenda for the 251 October 12, 2006 Charter Commission Meeting: 252 253 1. Call to Order and Roll Call 254 2. Approval of Agenda 255 3. Open Microphone 256 4. Meeting with City Staff regarding Road Reconstruction Process 257 5. Approval of Minutes 258 A. July 13, 2006 259 6. Old Business 260 A. Five -Year Plan 261 6 Charter Commission July 13, 2006 Page 7 DRAFT x~62 263 7. New Business 264 A. Discussion of Outside Services 265 B. Discussion of Charter Budget 266 C. Discussion of Three Charter Commission Meetings per Year 267 D. Set Agenda for January 2007 Meeting 268 8. Adjourn 269 270 ADJOURN 271 272 MOTION by Commissioner Vacha seconded by Commissioner Aldentaler, to adjourn the 273 meeting at 9:30 p.m. Motion carried unanimously. 274 275 276 Respectfully Submitted, 277 278 Kim Points 279 TimeSaver Off -Site Secretarial, Inc. 280 MEMORANDUM To: Lino Lakes Charter Commissioners From: Julie Bartell, City Clerk Date: January 17, 2007 Re: Follow -Up Information from January 11, 2007 Meeting As directed by Secretary Dahl, I am forwarding to you additional information relative to the Mounds View charter amendment. I can also report that the approved minutes for the July 13 and October 12, 2006 meetings are now posted on the city website (www.ci.lino-Iakes.mn.us) for your review. • Page 1 Extract of Minutes of Meeting of the City Council of the City of Mounds View, Ramsey County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mounds View, Ramsey County, Minnesota, was held at the City Hall in said City on August 28, 2006, commencing at 7:00 p.m. The following members were present: and the following were absent: * * * The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING A PROPOSED CHARTER AMENDMENT FROM THE CHARTER COMMISSION BE IT RESOLVED by the City Council of Mounds View, Ramsey County, Minnesota (City) as follows: 1. The City Council hereby finds and determines that: a) The Mounds View Charter Commission by Resolution No. 2006-06A has proposed an amendment (Amendment) to Chapter 7 of the City Charter. b) In accordance with Minnesota Statutes, Chapter 410, the Amendment is to be submitted to the voters of the City at a special election to be held in conjunction with the general municipal election on November 7, 2006. c) The City Council has approved the use of electronic voting machines by the affirmative vote of two-thirds of the members and has complied with the 60 - day notice and six week demonstration requirements of Minnesota Statutes, Section 206.58, Subdivision 1, and has adopted special rules and instructions for use of the electronic voting machines which have been approved by the Secretary of State. d) The City Clerk -Administrator has certified to the Secretary of State that an electronic voting system will be used in the City and the date of commencement of the use thereof. 2. The proposition for the adoption of the Amendment will be submitted to the voters of the City at the general election to be held on Tuesday, November 7, 2006. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections. 3. The City Clerk -Administrator is directed to cause a notice of election in substantially the form attached hereto as Exhibit A to be posted and published as required by law as follows: (a) The notice of election will be published once in the official newspaper of the City at least two weeks prior to the election; The notice of election and a sample ballot will be posted in the office of the City Clerk -Administrator, and in at least one public place in each ward, if applicable, at least fifteen days prior to the election; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. — -� (d) The City Clerk -Administrator has provided or will provide written notice of the election to the County Auditor of Ramsey County at least 53 days before the election, including the date of the election and title and language for the ballot question. (b) 4. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 5. (a) The City Clerk -Administrator is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 5(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF MOUNDS VIEW November 7, 2006. INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. 2 CITY QUESTION NO. 1: CHARTER AMENDMENT Should Chapter 7 of the City Charter be amended by adding new language to limit annual ad valorem property taxes, levies and specified fees for City services to a cost of living adjustment with a maximum increase of 5%, and to restrict the ability of the City to increase any fund balance, with increases in excess of these limits subject to voter approval? YES 0 NO (b) The City Clerk -Administrator is authorized and directed to prepare separate ballots, ballot strips, or ballot booklets for the elections for use in conjunction with the electronic voting system, on blue paper with black ink pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk -Administrator will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes Section 206.62. 6. The City Council will meet in the City Hall on Wednesday, November _, 2006, at p.m., C.S.T. to canvass the results of the election and to declare the results thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 City of Mounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Brian Amundsen 763-786-5699 Matthew Eenigenburg 763-783-7216 'arol Mueller \••••••'163.780.1251 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 Memo Re: Charter Section 7.03 Ballot Issue Interview Mounds View Charter Commission Dated Oct 12, 2006 • What is the basic definition and purpose for a Home Rule Charter? • When was the Mounds View Charter adopted? • How many positions are on the Charter Commission and how does a person become a member? • Does the Charter Commission have a Mission Statement? • What are the main areas the Charter Commission has focused on in the past 4 years? • What methods can be used to amend the Charter? • Why did the Charter Commission decide to take the amendment related to section 7.03 titled "System of Taxation" to a ballot issue? • How did the Charter Commission agree to a basic limit of the prior year tax levy dollar amount increased by either, a maximum of 5%, or the CPI (Consumer Price Index) plus 2%, whichever is less. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. • Why were there specific exceptions defined to provide for reasonable latitude in funds that are not directly associated with the levy? • This amendment will be on the ballot in November and if approved by a majority of the voters shall become effective on March 1, 2007. cn:y of Mounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Brian Amundsen 763-786-5699 Matthew Eenigenburg 763-783-7216 Carol Mueller 763.780.1251 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 Memo Re: Charter Section 7.03 Ballot Issue Mounds View Charter Commission Dated Aug 18, 2006 The Mounds View Charter Commission has worked with many concerned citizens over the last several years to bring an end to double digit tax increases. We have determined an acceptable set of criteria for restricting increases in the annual tax levy to a reasonable amount, while requiring a ballot process for the City Council to obtain voter approval for specific situations that would exceed those limits. The Charter Commission has agreed to a basic limit of the prior year tax levy dollar amount increased by either, a maximum of 5%, or the CPI (Consumer Price Index) plus 2%, whichever is less. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. There has also been specific exceptions defined to provide for reasonable latitude in funds that are not directly associated with the levy. The Mounds View Charter Commission in accordance with Minnesota Statute 410.12 Subdivisions 1 and 4 has submitted a resolution to the City Council and requested it be placed before the voters at the next general election. This amendment will be on the ballot in November and if approved by a majority of the voters shall become effective on March 1, 2007. Respectfully submitted, Jonathan J Thomas, Chair Posted on Thu, Aug. 24, 2006 Measure would cap tax increases If voters approve, suburb would be one of the few Minnesota cities to limit leaders' ability to increase levy BY DAVE ORRICK Pioneer Press Surprise double-digit tax hikes could be a thing of the past if enough Mounds View voters want it that way. The suburb is poised to become one of a handful of Minnesota communities to tie the hands of its elected leaders when it comes to raising local property taxes from year to year — if a majority of voters say "yes" to a ballot question in the general election. The ballot question seeks to amend the city's charter to limit the annual percentage increase in the city property tax levy to 5 percent, or the rate of inflation plus 2 percent, whichever is Tess. Stiffer tax hikes could still happen, but voters would need to approve each in a ballot question. Fridley has a similar measure, which proved highly divisive after the state several years ago slashed the funds it distributes to local governments. "The Fridley charter never anticipated that those (state) funds would dry up," says Gary Carlson, a lobbyist with the League of Minnesota Cities, which monitors such policies. "It was an unintended consequence that Fridley was facing steep cuts in service because they couldn't make up the lost revenue." In an interview earlier this month, Fridley Mayor Scott Lund complained that his city's tax cap was so narrowly worded that leaders were hamstrung from even maintaining the city's infrastructure without voter approval. But Mounds View leaders say they've learned from Fridley's mistakes. Charter Commission Chairman Jonathan Thomas says Mounds View's plan, eight years in the making, has been patiently crafted. The exact wording of the Nov. 7 ballot question was still being ironed out Wednesday, but Thomas said the measure contains exceptions for funds not tied directly to local property taxes, such as those backed by the state. "Everybody supported putting it on the ballot, the Charter Commission and the City Council," he says. "If there's any serious opposition out there, they certainly haven't come forward." Although Minnesota imposes tax caps on certain school funds and has limited municipal tax hikes in the past, no statewide city tax cap currently exists. Thomas said the impetus for Mounds View residents wanting to lock in their elected leaders was simple. "Looking at 14 and 16 and 22 percent increases in the last few years, a very, very large group of citizens feels you can't trust the City Council," he says. "Its membership changes every year, and even though this might be the greatest City Council, you can't know that about the future City Council. A significant number of citizens feel like the city has to be given guidelines." Dave Orrick can be reached at dorrick@pioneerpress.com or 651-228-2171. © 2006 St. Paul Pioneer Press and wire service sources. All Rights Reserved. http://www.twincities.com CHAPTER 1 NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County, Minnesota shall continue to be a municipal corporation under that name and with the same boundaries as now are or hereafter may be established. The Clerk -Administrator shall keep at least two (2) copies of this Charter with amendments, and shall maintain in each copy an accurate up-to- date description of the boundaries. The copies of the Charter, amendments, and boundary descriptions shall be available for public inspection anytime during regular office hours. Section 1.02. Powers of the City. The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with this Charter and with the Constitution of this state and of the United States. It is the intention of this Charter to confer upon the City every power which it would have if it were specifically mentioned, unless otherwise provided in this Charter. The Charter shall be construed liberally in favor of the City, and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the City to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the City Council. Section 1.03. Charter a Public Act. This Charter shall be a public act and need not be pleaded or proved in any case. CHAPTER 2 FORM OF GOVERNMENT Section 2.01. Form of Government. The form of government established by this Charter is the "Mayor -Council Plan". Except as otherwise provided by state law or this Charter, all powers of the City are vested in the Council. Section 2.02. Boards and Commissions. There shall be no separate administrative Board of Health, Library Board, or any other administrative board or commission except for the administration of a function jointly with another political subdivision. The Council shall itself be and perform the duties and exercise the powers of such boards and commissions provided by state law. The Council may, however, establish by Ordinance Boards or commissions to advise the Council with respect to any municipal function or activity, to investigate any subject of interest to the City, or to perform quasi-judicial functions. Section 2.03. Council Composition and Election. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be qualified electors and who shall be elected at large. Councilmembers shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall serve for a term of two (2) years and/or until a successor is elected and qualifies. City of Mounds View — Home Rule Charter - Page 1 of 21 Revision Date 1/11/07 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 Councilmember 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 Councilmember. Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, 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 Clerk -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 Councilmember 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. Section 2.06. The Mayor's Power and Duties. Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a vote as a member. The Mayor shall be recognized as head of the City Government for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for purposes of martial law. Other than for the purposes specifically stated in this paragraph, as an individual, the Mayor shall have no administrative authority. (Amended, Ord. 742, 9-27-04) Subdivision 2. Consistent with the responsibility to accept considerable leadership over the general conduct of City affairs, the Mayor may study the operations of the City Government and recommend desirable changes and improvements to the Council. The Mayor shall also deliver messages to the Council and the public, including a comprehensive message on the state of the City as soon as practicable after the beginning of each year of the Mayor's term of office. Subdivision 3. At its first meeting each year the Council shall choose an acting Mayor from the Councilmembers. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor, or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Section 2.07. Salaries. The Mayor and Councilmembers shall receive such compensation as is fixed by the Council in accordance with state law. Any increases in such compensation shall not become effective until after the next municipal election. Other officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2.08. Investigation of City Affairs. The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The Council shall provide for an audit of the City's accounts at least once a year by the state department in charge of such work or by a certified public accountant. At any time the Council may provide for an examination or audit of the City accounts of any City officer or agency, and it may provide for any survey or research study of any subject of municipal concern. City of Mounds View — Home Rule Charter - Page 2 of 21 Revision Date 1/11/07 CHAPTER 3 COUNCIL PROCEDURE Section 3.01. Council Meetings. The Council shall meet regularly at least twice each month at such times and places as the Council may designate by ordinance. The Mayor or any two (2) members of the Council may call special meetings of the Council upon at least twenty-four (24) hours notice to each member, and such reasonable public notice as may be prescribed by Council rule in compliance with the laws of Minnesota. The twenty-four (24) hours notice shall not be required in an emergency. To the extent provided by law, all meetings of the Council and its committees shall be public, and any citizen shall have access to the minutes and records of the Council at all reasonable times. During any of its public meetings, the Council shall not prohibit, but may place reasonable restrictions upon citizen's comments and questions. Section 3.02. Liaison Function. Councilmembers shall be assigned as liaison to City departments. Their assignments shall be rotated periodically and shall involve no administrative responsibility. Section 3.03. Rules of Procedure and Quorum. Except as otherwise provided in this Charter, the Council shall determine its own rules and order of business. A majority of all members shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Council may by rule provide means by which a minority may compel the attendance of absent members in accordance with state law. Section 3.04. Ordinances, Resolutions and Motions. Subdivision 1. Except as otherwise provided in this Charter, state law or a more restrictive City ordinance, an affirmative vote of three (3) or more members of the Council shall be required for the adoption of all ordinances, resolutions and motions. The votes of Councilmembers on any action taken shall be recorded in accordance with state law. (Amended, Ord. 649, 8-16-2000) Subdivision 2. Except as otherwise provided in this Charter, all legislation shall be by ordinance. The vote on all ordinances shall be by a roll call vote. Subdivision 3. The general administrative business of the Council shall be conducted by resolution or motion. Section 3.05. Procedure on Ordinances. Every proposed ordinance shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. No ordinance shall contain more than one subject. Such subject shall be clearly expressed in its title. The enacting clause shall be "The City of Mounds View ordains". No ordinance, except ati emergency ordinance shall be adopted at the meeting at which it is introduced and at least fourteen (14) days shall elapse between its introduction and final adoption. City of Mounds View — Home Rule Charter - Page 3 of 21 Revision Date 1/11/07 Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four (24) hours after the ordinance has been adopted, filed with the Clerk -Administrator, and has either been posted in three (3) conspicuous places in the City, or published as provided for in this Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk -Administrator. Every ordinance shall be published at least once in the official newspaper as soon as practicable, either in its complete form preceded by a summary of its contents or as a title and summary.' The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight (8) -point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may by a four-fifths (4/5th) vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk -Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk -Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner prohibited by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended, Ord. 700, 8-26-2002) 1 It is the intent of the Charter Commission that the Council will determine which is less costly. City of Mounds View — Home Rule Charter - Page 4 of 21 Revision Date 1/11/07 Section 3.08. Procedure on Resolutions. Every resolution shall be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the Council. Section 3.09. When Ordinances and Resolutions Take Effect. Every resolution and emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty (30) days after its publication or at such later date as it specifies. Section 3.10. Amendment and Repeal of Ordinances and Resolutions. Subdivision 1. An ordinance or resolution which repeals all or part of a previous ordinance or resolution shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution shall be amended by reference to the title alone, but an ordinance or resolution which amends such ordinance or resolution shall set forth in full each section or subdivision to be amended and shall indicate by appropriate type or symbols matter to be omitted or added. Amendment or repeal of an ordinance shall require a majority vote of all the members of the Council, unless otherwise provided in this Charter or by state law. Subdivision 2. An ordinance or resolution passed under the initiative power shall not be repealed or amended by the Council except by submission to the voters of the question by the Council at a regular municipal or special election. Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two (2) years. The ordinance code and the resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made available by the Council at the office of the Clerk -Administrator for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance provision not previously published, if a notice is placed in the official newspaper for at least two (2) successive weeks that copies of the codification are available at the office of the Clerk -Administrator. CHAPTER 4 NOMINATION AND ELECTIONS Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first -Monday in November of each even numbered year commencing in 1980 at such places as the City Council shall designate. At least fifteen (15) days prior notice shall be given by the Clerk -Administrator by posting a notice thereof in at least one (1) public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. City of Mounds View — Home Rule Charter - Page 5 of 21 Revision Date 1/11/07 Section 4.02. Filing for Office. Subdivision 1. Pursuant to Minnesota Statutes 205.13, as amended, no earlier than seventy (70) days nor later than fifty-six (56) days before any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee of twenty dollars ($20.00) or by filing a petition in compliance with Minnesota Statutes 205.13, Subdivision 4, as amended, to the Clerk -Administrator have their name placed on the municipal election ballot. (Amended, Ord. 736, 5-10-04; Ord. 759, 6-13-05) Subdivision 2.* Term Limits. Notwithstanding any other provision of law to the contrary, no person may file to be a candidate for election to a term that would cause the person to serve more than eight (8) total years in the office of Mayor or in the office of City Councilmember combined. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) * A city charter provision limiting the term of an elected city official is unconstitutional and unenforceable. See. Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn.1995) (Resolution 5435, 4-24-2000) Subdivision 3. Service before January 1, 1995 shall not count toward determining total length of service. (11-8-94 Election, Effective 12-8-94, Filed 2-21-95) Subdivision 4. Severability. If any part of this section shall be declared unconstitutional by court, all others shall remain in full force and effect. (11-8-94 Election, Effective 12-8-94, Filed 2- 21-95) Section 4.03. Procedure at Elections. Consistent with the provisions of this Charter and applicable state laws, the Council may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided by this Charter and supplementary ordinances, general state laws on elections shall apply to municipal elections. Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen (15) days prior notice shall be given by the Clerk -Administrator by posting a notice thereof in at least one (1) public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the City occurs with three hundred sixty-five (365) days or more remaining in the term of the vacated office, there shall be a special election held within ninety (90) days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2. The Clerk -Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section. City of Mounds View — Home Rule Charter - Page 6 of 21 Revision Date 1/11/07 Subdivision 3. 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. Subdivision 4. In the case of a vacancy where there remains less than three hundred sixty- five (365) days in the unexpired term, the Council shall by a majority vote appoint a successor to serve for the remainder of said term In the case of a tie vote of the Council, the Mayor shall make said appointment. Subdivision 5. When a vacancy in an elected municipal office occurs within one hundred twenty (120) 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 within sixty (60) days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If within the one hundred twenty (120) 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 Councilmembers whose seats are to be decided in the election, said vacancy shall be considered not to exist for purposes of the election. However, if such vacancy occurs in the office of either of the other two (2) Councilmembers, the seat shall be filled by the candidate for Councilmember with the third highest vote total, or, in the case of two (2) vacancies, the third and fourth highest vote totals. Where two (2) vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term. Candidates filling a vacancy shall take office at or before the next regularly scheduled Council meeting following election certification. (Amended, Ord. 748, 9- 27-04). Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment. CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. Powers Reserved by the People. The people of Mounds View reserve to themselves the powers in accordance with the provisions of this Charter to initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the City whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the City and shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in their presence and that the circulator believes City of Mounds View — Home Rule Charter - Page 7 of 21 Revision Date 1/11/07 them to be the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. Any person whose name appears on a petition may withdraw their name by a statement in writing filed with the Clerk -Administrator before said Clerk -Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the Clerk -Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the Clerk -Administrator shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the Clerk -Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk -Administrator shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk -Administrator shall file the petition and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the Clerk -Administrator within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. (Amended, Ord. 650, 8-16-2000) Section 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors to propose amendments to this charter. Section 5.07. Referendum. Prior to the date when an ordinance takes effect, it may be subjected to referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the electorate. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the City of Mounds View — Home Rule Charter - Page 8 of 21 Revision Date 1/11/07 filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the Clerk -Administrator's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk -Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk - Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the administration of the City. The Council shall appoint an administrative officer to assist in the administration of City affairs. For purposes of reference in this Charter, this administrative officer shall be referred to as the Clerk -Administrator. Section 6.02. Administrative Organization. Subdivision 1. The Council may by ordinance establish City departments, offices, and agencies and prescribe their functions. No power or duty conferred by this Charter upon a particular office or agency shall be transferred to another. Subdivision 2. The City Council shall hire heads of departments, and such other and further officers and personnel as may be required to operate the City efficiently. The City Council shall determine the qualifications thereof and prescribe the duties to be performed by each, except as otherwise prescribed in this Charter. Subdivision 3. The head of departments and other officers designated by the Council shall report in person to the Council and to the public at least once each quarter at a regularly scheduled Council meeting. City of Mounds View — Home Rule Charter - Page 9 of 21 Revision Date 1/11/07 Section 6.03. Duties of the Clerk -Administrator. Subdivision 1. The duties of the Clerk-Administ<ator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk -Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk -Administrator shall also have the duties set forth in the following subdivisions: Subdivision 2. The Clerk -Administrator shall keep a minute book noting therein all proceedings of the Council. Subdivision 3. The Clerk -Administrator shall keep an ordinance book in which shall be recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk -Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk -Administrator, and can be accurately identified from the description given in the minutes. The Clerk -Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk -Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk -Administrator to pay such fees to the municipal treasury. With the consent of the Council, the Clerk -Administrator may appoint a deputy for whose acts that person shall be responsible and whom may be removed at pleasure. In case of the Clerk -Administrator's absence from the municipality or disability, the Council may appoint a Deputy Clerk -Administrator, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk -Administrator. Subdivision 6. The Clerk -Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 7. The Clerk -Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Subdivision 8. The Clerk -Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk -Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. City of Mounds View — Home Rule Charter - Page 10 of 21 Revision Date 1/11/07 Subdivision 9. The Clerk -Administrator shall prepare the annual financial statement and such other statements that are required by statute. Subdivision 10. The Clerk -Administrator shall attend all Council meetings and provide input to the Council. The Clerk -Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk -Administrator shall supervise municipal employees, programs and activities, unless otherwise directed by the Council. Subdivision 12. The Clerk -Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 15. The Clerk -Administrator shall work in cooperation with the Council's appointed attorney and engineer. Subdivision 16. The Clerk -Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk -Administrator shall maintain good public relations with the general public. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 19. The Clerk -Administrator shall advise the Council on the terms and conditions of employee labor contracts for presentation to the Council. Subdivision 20. The Clerk -Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk -Administrator shall perform all other duties required by the Council. Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk -Administrator. The duties of the Treasurer shall be specified by state law for the Treasurer in a statutory city. City of Mounds View — Home Rule Charter - Page 11 of 21 Revision Date 1/11/07 CHAPTER 7 TAXATION AND FINANCES Section 7.01. Council to Control Finances. The Council shall have full authority over the financial affairs of the City except as limited or prohibited by the state constitution, state laws, or this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of accounts. It shall further provide for the safekeeping and disbursements of public monies by the City Treasurer. Sections 7.02. Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the Council shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of Charter provisions. Section 7.04. Submission of Budget. Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as specified by Minnesota Statutes 275.065, as amended, the Clerk -Administrator shall submit to the Council the budget estimates for funds levying property taxes for the ensuing fiscal year and an accompanying summary message in accordance with a budget calendar to be established by resolution. (Amended Ord. 772, 5-22-06) The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall contain such information and be in the form prescribed by the City Council. The final budget shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year and except as required by state law or this Charter, shall be in such form as the Council may require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. (Amended, Ord. 772, 5-22-06) Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method. (Amended, Ord. 772, 5-22-06) Subdivision 3. The Clerk -Administrator's message shall explain the budget, both in fiscal terms and in terms of the work programs, linking programs to goals of the City and community priorities. It shall outline the proposed financial policies and programs of the City for the ensuing fiscal year and the impact of those policies and programs compared to the City's current five-year plan, as adopted by the City Council. It shall describe the important features of the budget, indicate City of Mounds View — Home Rule Charter - Page 12 of 21 Revision Date 1/11/07 any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, including factors affecting the ability to raise resources through debt issues, and include such other material as the Clerk - Administrator deems desirable or as requested by the City Council. (Added, Ord. 772, 5-22-06) Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the public with a general time table for the annual budget process. The dates are guidelines and subject to change by the City Council and Minnesota Statutes 275.065, as amended. Activity Five -Year Plan: Development Five -Year Plan: Public Review Five -Year Plan: Council Approval Annual Budget: Calendar. Adopted by Council Five -Year Plan: Published to Public Annual Budget: Public Input to Department Annual Budget: Clerk -Administrator Develops Summary And Estimate Proposal for Council Annual Budget: Estimates Submitted to Council Annual Budget: Proposal and Tax Levy Estimates Council Adoption Annual Budget: Council Review and Amend Annual Budget and Tax Levy: Proposal Published To Public Annual Budget and Tax Levy: Public Review Annual Budget: Public Hearing Advertised Annual Budget and Tax Levy: Initial Public Hearing Annual Budget and Tax Levy: Council Adoption Annual Budget and Tax Levy: Final Council Budget Summary Published to Public (Added, Ord. 772, 5-22-06) Section 7.05. Five -Year Financial Plan. Estimated Time Period January 1 to May 1 May 1 to May 20 May 20 to June 1 June 1 June 1 to August 1 June 1 to September 1 August 1 to September 15 September 15 September 15 September 15 to November 23 September 15 to December 1 September 15 to December 20 November November 29 to December 20 December 5 to December 20 December 20 to February 1 Subdivision 1. The City Council shall have prepared a five-year financial plan commencing with the ensuing calendar year. The City Council shall hold a public hearing on the five-year financial plan and adopt it by ordinance, with or without amendment, by June 11 of each year. The financial plan shall consist of at least the following three elements as specified in Subdivisions 2-4 which follow: (Amended, Ord. 772, 5-22-06) Subdivision 2. The Capital Improvement Program shall contain a list of all capital improvements proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimate, method of financing and recommended time schedule for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. This information shall City of Mounds View — Home Rule Charter - Page 13 of 21 Revision Date 1/11/07 be revised and extended each year for capital improvements still pending or in process. (Amended, Ord. 772, 5-22-06) Subdivision 3. A Five -Year Revenue and Expense Estimate shall contain a tentative revenue policy that describes five-year plans for financing public services and capital improvements. It shall measure the objectives and needs for each City department, the standard of services desired, and the impact of each such service on the annual operating budget. (Amended, Ord. 772, 5-22-06) Subdivision 4. The Capital Budget shall be a summary on the basis of a five (5) -year period of the capital or money requirements for the above described programs. It shall list a priority for each anticipated investment in community facilities and balance this with a consideration of the availability of necessary revenues. (Amended, Ord. 772, 5-22-06) Subdivision 5. A summary of the five-year financial plan shall be published before August 1st each year in the official City newspaper, the City newsletter, and, if available, the City web site. (Amended, Ord. 772, 5-22-06) Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1s`. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City Council, and Minnesota Statutes 275.065, as amended. The budget shall be considered at the first regular monthly meeting of the Council in September and at subsequent meetings until a budget is adopted for the ensuing year. The budget calendar will provide a thirty (30) day period for public review and input to the annual budget prior to final approval by the City Council. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The Council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the sum of estimated income and reserves. The Council shall adopt the budget by a resolution that shall set forth the total for each budgeted fund and each department. The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose as the Council deems necessary for establishing the budget. The Council shall also adopt a resolution levying the amount of taxes provided in the budget, and the Clerk -Administrator shall certify the tax resolution to the County Auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. (Amended, Ord. 772, 5-22-06) Subdivision 2. As specified by Minnesota Statutes 275.065, as amended, before the budget is adopted for the ensuing fiscal year a public hearing notice and summary of the proposed budget will be published in the official City newspaper, the City Newsletter, and if available, the City web site. Such summary should be readily understandable by the layperson, and should provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. Failure to provide the specified summary will not invalidate the budget. (Amended, Ord. 772, 5-22-06) City of Mounds View — Home Rule Charter - Page 14 of 21 Revision Date 1/11/07 The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than sixty (60) days after adoption by the Council in the official City newspaper, the City newsletter and, if available, the City web site. (Amended, Ord. 772, 5-22-06) Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal year, the preceding months fiscal year budget shall go into effect for up to thirty-one (31) days or until the Council adopts a budget. (Added, Ord. 772, 5-22-06) Section 7.07. Enforcement of the Budget. The Clerk -Administrator may designate department heads or other staff who may assist with each fund or department in the annual budget. It shall be the duty of the Clerk -Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce the provisions of the budget. The City Council shall not authorize any payment or the incurring of any obligation by the City, unless an appropriation has been made in the budget resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City shall place any order or make any purchase unless the amount is authorized in the budget resolution and in compliance with the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one owned by the City until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness. (Amended, Ord. 772, 5-22-06) Section 7.08. Alterations in the Budget. After the budget resolution has been adopted, the Council may amend the budget by resolution, but shall not increase the amounts fixed in the resolution beyond the sum of estimated receipts and reserves, except to the extent that actual receipts exceed the estimate or to implement Section 7.12 herein. At anytime the Council may by resolution reduce the sums appropriated for any purpose to increase reserves or authorize the transfer of sums from unencumbered balances in the budget. (Amended, Ord. 772, 5-22-06) Section 7.09. Funds. There shall be maintained in the City treasury a general fund and such other funds as may be required by state law, ordinance, or resolution. The Council may, by resolution or ordinance, make inter -fund loans, except from trust and agency funds, as it may deem necessary and appropriate. Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation shall be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with state law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Chapter or by state law, no such obligations shall be issued and sold without the approval of the majority of the voters voting on the question at a general or special election. City of Mounds View — Home Rule Charter - Page 15 of 21 Revision Date 1/11/07 Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper, the City Newsletter, and, if available, the City web site, but failure to give such description, or any defect in the description, shall not invalidate the issue. (Amended, Ord. 772, 5- 22-06) Section 7.11. Anticipation Certificates. At anytime after January 1, in accordance with Minnesota Statutes 412.261, as amended, with the following restrictions; the Council may issue certificates of indebtedness in anticipation of state and federal aids and the collection of taxes levied the previous year for any fund and not yet collected. The total amount of certificates issued against any fund for any year together with interest thereon until maturity shall not exceed ninety percent (90%) of the total state and federal aids and current taxes due to the fund and uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the Council may determine, but they shall become due not later than August 1st of the year following their issuance. The proceeds of the tax levied and such state or federal aids as the governing body may have allocated for the fund against which tax anticipation certificates are issued, and the full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates. (Amended, Ord. 772, 5-22-06) Section 7.12. Emergency Debt Certificates. If in any year the receipt from taxes, availability of reserves, or other sources should for some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency necessitates the making of extraordinary expenditures, the Council may by ordinance issue, on such terms and in such manner as the Council determines, emergency debt certificates not to exceed ten percent (10%) of the total City budget and to run not to exceed three (3) years. Taxes sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The ordinance authorizing the issue of such emergency debt certificates shall state the nature of the emergency and be approved by at least three (3) members of the Council. It may be passed as an emergency ordinance. (Amended, Ord. 772, 5-22-06) CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. Section 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provisions of this Charter. City of Mounds View — Home Rule Charter - Page 16 of 21 Revision Date 1/11/07 Section 8.03. Local Improvement Ordinances and Regulations. Within ninety (90) days after this Charter goes into effect, the Council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment Districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of said assessments, and the certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments. After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this Charter. Section 8.04. Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be instituted by either, (1) the petition of at least twenty-five percent (25%) in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths (4/5ths) affirmative vote of all of the Council. The Council resolution shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement, setting forth therein the time, place and purpose of such hearing. Such resolution shall be described in the City Newsletter and published twice at least one (1) week apart in the official newspaper of the City no less than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimated unit prices and estimated total price thereof shall be mailed to each benefited property owner at owner's last known address at least two (2) weeks prior to the date of said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City Council shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. A period of sixty (60) days shall elapse after the public hearing before any further action shall be taken by the Council on the proposed improvement. If within such sixty (60) day period, a petition against such improvement be filed with the Council, signed by a majority of the owners proposed to be assessed for the improvement, or, when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement at least equal to the number of those who petitioned for the improvement, the Council shall not make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with the Council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the petition against the improvement. Any person whose name appears on a petition to the Council for a local improvement, or on a petition to the Council against a local improvement, may withdraw their name by a statement in writing filed with the Council before such petition is presented to the Council. Subdivision 2. Regardless of the provisions in Subdivision 1, when less than one hundred percent (100%) of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty (60) day period after a public hearing has been held on the proposed City of Mounds View — Home Rule Charter - Page 17 of 21 Revision Date 1/11/07 improvement, a petition may be filed with the Council, signed by a majority of the number of electors who voted for Mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the improvement, as proposed. Subdivision 3. When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at anytime between sixty (60) days and one (1) year after the public hearing on the improvement. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost by more than ten percent (10%). Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one (1) year after the public hearing on said improvement. Section 8.05. Assessments for Services. The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property may be assessed against property benefited and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8.03 of this chapter. CHAPTER 9 EMINENT DOMAIN Section 9.01. Acquisition of Property. The City may acquire by purchase, gift, condemnation, or otherwise, any real property, either within or without its boundaries, that may be needed by the City for any public purpose. In acquiring property by exercising the power of eminent domain, the City shall proceed according to Minnesota Statutes, Chapter 117, as amended, or other applicable items. (Amended, Ord. 749, 9-27-04). CHAPTER 10 FRANCHISES Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the Clerk -Administrator to guarantee publication before the ordinance is passed. Section 10.02. Tenn. No perpetual franchise or privilege shall be created, nor shall any exclusive franchise or privilege be granted for a period of more than twenty-five (25) years. City of Mounds View — Home Rule Charter - Page 18 of 21 Revision Date 1/11/07 Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the Council, the Council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the City Newsletter and in the official newspaper not less than ten (10) days prior to the date of the hearing. Section 10.04. Power of Regulation Reserved. Subject to any applicable state law, the Council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and shall be granted in the same manner as a new franchise. CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILl11hS Section 11.01. Acquisition and Operation of Utilities. The City may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service, or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose, and may acquire any existing utility properties so needed; but such action may only be taken by ordinance, which shall not be an emergency ordinance. The operation of all public utilities owned by the City shall be under the supervision of the City Council. Section 11.02. Rates and Finances. The Council may by ordinance fix rates, fares and prices for municipal utilities, but such rates, fares and prices shall be just and reasonable. The Council shall endeavor to make each municipal utility financially self-sustaining. Before any rates, fares or prices for municipal utilities shall be fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06 of this Chapter. The Council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may make such other regulations as may be necessary, and the penalties for violations of such regulations. Section 11.03. Purchase in Bulk. The Council may in lieu of providing for the local production of gas, electric, water and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Before such rates are fixed by the Council, the Council shall hold a public hearing on the matter in accordance with Section 11.06 of this Chapter. Section 11.04. Lease of Plant. The Council may, if the public interest will be served thereby, contract with any responsible person, co -partnership or corporation for the operation of any utility owned by the City upon such rentals and conditions as it may deem necessary; but such contract shall not be an emergency ordinance. In no case shall such contract be for a longer term than ten (10) years. City of Mounds View — Home Rule Charter - Page 19 of 21 Revision Date 1/11/07 Section 11.05. Public Utility, How Sold. No public utility owned by the City shall be sold or otherwise disposed of by the City unless the full terms of the proposition of said sale or other disposition thereof j together with the price to be paid therefor, shall be embodied in an ordinance approved by a majority of the registered voters voting thereon at a general or special election. Before such ordinance is submitted to a vote, the Council shall hold a public hearing on the matter in accordance with Section 11.06 of this Chapter. Section 11.06. Notice of Public Hearings, Notice of public hearing required by this chapter shall be published at least once in the official newspaper and in the City Newsletter at least ten (10) days prior to the date of the hearing. Additional notice of such public hearing may be given in such manner as the Council may determine. CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general circulation in the City as its official newspaper in which shall be published ordinances and other matters required by law and this Charter to be so published, as well as such other matters as the Council may deem it in the public interest to have published in this manner. Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of their office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (Mayor, Councilmember, Clerk -Administrator, etc.) of the City of Mounds View to the best of my judgment and ability." Section 12.03. City Officers not to be Interested in Contracts. Except as otherwise permitted by state law, no officer of the City, who is authorized to take part in any manner in any contract with the City, shall voluntarily have a personal financial interest in such contract or personally benefit financially therefrom. Section 12.04. Official Bonds. The Clerk -Administrator, the City Treasurer, and such other officers or employees of the City may be provided for by ordinance shall each, before entering upon the duties of their respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their official duties. This corporate surety bond may be in the form of either individual or blanket bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form by the City Attorney, and filed with the Clerk -Administrator. The premiums on the bonds shall be paid by the City. Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is no such City of Mounds View — Home Rule Charter - Page 20 of 21 Revision Date 1/11/07 outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. Section 12.06. Vacation of Streets. The Council may by ordinance vacate any street or alley or other public grounds or part thereof within the City. Such vacation may be made only after published notice in the official newspaper and an opportunity for affected property owner and public to be heard, and upon such further terms and by such procedure as the Council by ordinance may prescribe. A notice of completion of such procedure shall be filed in accordance with law. Section 12.07. Statutes not Affected by Charter. All general laws and statutes of the state applicable to all cities operating under Home Rule Charters, or applicable to cities of the same class as the City of Mounds View operating under Home Rule Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Mounds View, and shall be construed as supplementary to the provisions of this Charter. Section 12.08. City to Succeed to Rights and Obligations of Former Charter. The City shall succeed to all the property, rights, and privileges, and shall be subject to all legal obligations of the City under the former Charter. Section 12.09. Existing Ordinances and Resolutions Continued. All ordinances, resolutions and regulations of the municipality in force when this Charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. Section 12.10. Officers to Continue for Present Terms. All elective and appointive officers of the City holding office on the effective date of this Charter shall continue in office for the terms to which they were elected or appointed, and until their successors shall have been elected or appointed and have qualified. Section 12.11. Pending Condemnations and Assessments. Any condemnation or assessment proceeding in progress when this Charter takes effect shall be continued and completed under the laws under which such proceeding was begun. All assessments made by the municipality prior to the time when this Charter takes effect shall be collected, and the lien thereon enforced in the same manner as if this Charter had not been adopted. Section 12.12. Ordinances to Make Charter Effective. The Council shall by ordinance, resolution, or other appropriate action make such regulations as may be necessary to carry out and make effective the provisions of this Charter. Section 12.13. A newsletter shall be published by the City at regular intervals at least six (6) times each year. The postal roll for the City shall be used for the distribution. Section 12.14. This Charter becomes effective January 1, 1980, or thirty (30) days after adoption, whichever comes later. City of Mounds View — Home Rule Charter - Page 21 of 21 Revision Date 1/11/07 0/01_:: Mounds View. Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2oa Vice Chair Jean Miller 763-786-3959 Secretary Brian Amundsen 763-786-5699 Matthew Eenigenburg 763-783-7216 Carol Mueller 763.780.1251 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 Resolution No. 2006-06a Mounds View Charter Commission Dated July 20, 2006 The Mounds View Charter Commission in accordance with Minnesota Statute 410.12 Subdivision 1, recommends the following amendments by the addition of the bold and double underlined language and by deletion of the language. The Mounds View Charter Commission requests the City Council prepare the following Charter language amendment for a ballot in accordance with Minnesota Statute 410.12 Subdivision 4 and have it placed before the voters at the next general election. We also request the City Council response within 20 days for any questions or clarification to any item as presented in the modification of language for Chapter 7, Section 7.03 of the Mounds View Charter. This resolution supersedes the previously submitted Resolution 2006-06 This amendment, if approved by a majority of the voters shall become effective on March 1, 2007. Objectives: 1) To update and correct language in 7.03 for system of taxation. 2) In 7.03 to limit annual tax levy and certain fee increases, but provide a process to obtain voter referendum approval for needs beyond the limits. The section recommended for consideration with this resolution is attached. Respectfully submitted, &"(4614" Jonathan J Thomas, Chair Brian R Amundsen, Secretary Mounds View Charter Commission Resolution 2006-06a Date: July 20, 2006 CHAPTER 7 TAXATION AND FINANCES Section 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the Council shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of Charter provisions. Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the MinaeapQlis, St. Pawl netcopi itantarea. aa delved, by the U,S, Department of Labor, Bureau of Labor Statistics, Subdivision 2. The City Council may levy a tax against real and personal property in excess of the limit set in Subdivision 1 provided the Council shall: A) Adopt a resolution declaring the pecessity forte additional tax levy and specifying the purposes for which such additional tax levy is required. B) Hold a public hearing upon at least 10 days posted -and published notice in the City's official newsp. per, City newsletter, and, if available, the City web site, setting forth the contents of the resolution described in Subdivision 2A. C) After such public hearing. adopt by an affirmative vote of at least four (4) members of the Council such resolution language which is readily understandable and a summary of such D) or special election, per this Charter's Section 4.04, as amended, prior to the final levy approval. .111 11 1- 1 1 f 1 - 1 e ' Charter then the levy shall be implemented in the following fiscal year or later date as specified in, the resolution. Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in A) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric). Administrative offense fees, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View. B) For the purposes of this Section, the term "fee" does not include: Filing for Office fee, park or recreational participation fees, charges for photo -copying, sales of municipal liquor store City of Mounds View Mounds View Charter Commission Resolution 2006-06a Date: July 20, 2006 annual license fees for the operation of a reamlated bu 'pec nrl any mi ellan ous fees fpr materials routinely,nrovided by be_City to its citizens or Qthelmezghers of the publi which, b lawmust be limited to the actual cost of e service being provided. The term "fee" shall 11 '1 amended. 11 1 11 *..11- ..1 1 - U 1 1 - - 1.11 . • C) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetaw increase in an existing tax or fee. a tax or fee rat- ' crease, an - pansionin the legal definition of a tax or fe - base. and an e - nsion of an expiring tax or fee. D) Section 7.12, or MN Statute 475.754, as amended. Subdivision 4. The City shall not 1- to increase any fund re erve b-vond 50% 1 f an aver• of that fund's • revious five years annual expenditures. The C • uncil 1 . raise a fund's reserve • - and 50% provided: 1. the Council designates by resolution and olds a public hearing reviewing th- •urnose of the :r e_11 _1 1 • 611 100 - 111,11 •1 1 1_ - 1_•I 1- 1)11 • 0- • 1 1 • • 1- 1 • _O__1_-.1 _1 1 1 e_ 1 .e.0160 1 2. the Council modifies and adonts by resolution e Five Year Financial P__lan_as defined in Chaster 7. Section 7.05. as amended. snecifvin ' the fund reserve purpose and the City follows such sronosed increase with the stens outlined in Subdivision 2 of this Section the ear prior to the collection of such increased taxation or fee. 4oneys raised by Tari crement Financing chal not he inc�lu ed in the c culati n of reserve limi This Subdivision and Section shall no limit or impair the City's ability to create Tax Increment i 1 1• • 1 s.s /- - •••110 : X11-*. 1-1 • 1..4111. '. 1 ♦ • . ' • • • fund sl currently exceeding the specified limit. provided the Council, within 90 days of adopting ' Sectio designates by resolution the ramose of the reserve •r adopts a modified Five Year Financial Plan reflecting the reserve pose. _ S bdivision 5. Nothing in this Section shall be construed impir any general obligation the City may have in support of otherwise awful indebtedness or simi ar obligation supported by the •-. x•_1,•1 1 • I_' ', •(1 /1-•_11.- •• 11'—:111 '-1e.11x.611 11-•-11- shall not be us- d for the numose of funding the routine and dail b ine^s operations of the City. City of Mounds View EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Mounds View, Ramsey County, Minnesota, on Tuesday, the 7th day of November, 2006, at which the following proposition will be submitted to the voters of the City for their approval or rejection: CITY QUESTION NO. 1: CHARTER AMENDMENT Should Chapter 7 of the City Charter be amended by adding new language to limit annual ad &ty to s, levies and specified fees for City services to a cost of living adjustment with a maximum increase of5%, and to restrict the ability of the City to increase any fund balance, with increases in excess of these limits subject to voter approval? YES NO The polling places for said election are as follows: 5394 Edgewood Drive, Mounds View, Minnesota The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election at the polling place of the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. Dated: . 2006. A-1 BY ORDER OF THE CITY COUNCIL /s/ Kurt Ulrich City Clerk -Administrator Memorandum To: Charter Commission From: Julie Bartell, City Clerk Date: December 15, 2006 Re: 5 Year Plan and Charter Amendment At the request of the Charter Commission Chair, I am forwarding the following information for your review: - the 2007-2011 Five -Year Financial Plan; this proposed plan will be considered for adoption by the City Council on Monday, December 18 (a public hearing will be held); the recently adopted amendment to the Lino Lakes City Charter; I am forwarding the three pages that should be changed in your charter books. Please give me a call at 651-982-2406 if you have any questions about this process. Julie Bartell To: Paulette Warren Subject: RE: 5 year Plan Request Paulette. Page 1 of 1 As an update to our communication about getting the 5 -Year Plan distributed to the Charter Commission, I wanted to let you know that the Council has scheduled a special work session following Monday's regular council meeting to continue their review of the document. To me, it makes the most sense to distribute the information once it is ready for council approval because changes are anticipated until that time. Also, its about one hundred pages in size so substituting pages could be hairy and rerunning the entire document for changes would be costly. Anyway, I wanted to keep you posted on the situation. Also, the charter amendment that was approved on the Nov 7 ballot is now final. I've prepared the new pages for the Charter booklets and wondered if you'd like those distributed right away or if that information could go out with packets for the January meeting. Thanks Julie 12/8/2006