HomeMy WebLinkAboutDocs re Amendments Ch 4, 6, 8 and 12 Rewrite, by Richard Oman, 5-23-93
CHAPTER 4
NOMINATIONS AND ELECTIONS
Sec. 4.01 . Ttil . egular.Municipal, election, Pr The regular
municipal election sitrrll- Will be held on the first Tuesday after
the first Monday in November of each even numbered year
at such places as the city council shall w1.11
designate . At least n thirty days prior notice shall must
be given by the clerk-administrator by posting a notice `r
in at least one public place in each election precinct, and by
publishing a noticeT-„roof at least once in the official
newspaper er the—cite stating the time and places of holding such
the election and of the officers to be elected. Failure to give
such the notice .hall 414es not invalidate such the election.
Elected and qualified officers provided for by this charter shall
Will assume the duties of office to which they were elected on
the first business day in January following scrclr the election.
Sec. 4.02 . '1.110g. f9r.Office ;
ordinance, have his/her ndue placed on the municipal election
ballot.
W111'741 of the city,may file for election, in, the ,manner
prescribed by law.
Sec. 4.03. Pr9ceaure . at.�r1.ecti91 : Cons-is
provisions of this charter and applicable state laws, The council
may by ordinance further regulate the conduct of municipal
elections; . - - - _ -
apply to municipal elections. c90sistent,w1.0, the,14'9yi41.90.s, 4f
this, charter. ana. M'14.901e. state . 101'7s:
Sec. 4.04. Spe91.allecti4ns er
Elected Office. The council shall may by resolution order a
special election and provide a-i+ the means for
holding it- 0e. e1e9t .9n; At least `f en thirty days prior
notice shall must be given by the clerk-administrator by posting
a notice thereof in at least one public place in each election
precinct, and by publishing a notice thdreof in at least once in
the official newspaperstating the time and the
places of holding such telection. Failure to give strclr the. e
notice shall Sl9es not invalidate strcir trig election.
•
Sec. 4.05 . Vacancy 9f Munigipal. lected Offige,
Subdivision 1 . When a vacancy in an elected office of the
city occurs with 365 days or more remaining in the term of the
vacated office, there shall mus; be a special election held
within ninety days after the vacancy occurs to elect a successor
to serve for the remainder of the unexpired term of the office
vacated.
Subd. 2 . The clerk-administrator bhall must give at least
sixty days published prior notice of such ;41 special election,
except as set forth under subd. 5 of this section.
Subd. 3. The procedure at such Qf, tthv election and
assumption of duties 'of elected officers following such ;i
election shall m t. conform as nearly as practicable to that
prescribed for other municipal elections under this charter.
Subd. 4. In the case of a vacancy where there remains less
than 365 days in the unexpired term, the council shall will by a
majority vote appoint a successor to serve for the remainder of
said qhs term. In the case of a tie vote of the council, the
mayor shall will make said the appointment.
Subd. 5. When a vacancy ' -
occurs within 120 days prior to a regular municipal election
date, the special election to fill the vacancy shall will
coincide with the regular election. If the vacancy occurs within
sixty days prior to the regular election date, the notice of strcir
trhg vacancy shall 'min be published as soon as is practicable.
If, within the 120 day period before a regular municipal
election, the vacancy occurs in the office of mayor or in the
office of either or both of the councilmembers whose seats are to
be decided in the election, said4t1.1e vacancy shall be considered
not to exist for purposes of the election. However, if such ;hg
vacancy occurs in the office of either 9c,b90of the tther two
-councilmembers,--the--seat-- shall be filled by the candidate for
councilmember with the third highest vote total, or, in the case
erf—tires, Vingl. tpms. 4l . DQt. pp. f4 '. slsg QK11 . 'the. ssat
will be filled by the gandiclate for councilmembev with the third
and fourth highest vote totals, respeg iYly, Where _.._ . _______e-
exist, the candidate with the third highest total shall fill the
vacancy in the office hav±Llg the longest unexpired term.
Subd. 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 will fill said offices
by appointment until the next regular municipal election. In the
case of a tie vote of the council, the mayor shall will make sterid
the appointment.
Sample Drafts
by Richard Oman
5-24-93
Section 6 .03. Powers and Duties of the Clerk-Administrator
The clerk-administrator is the head of the administrative branch of
the city government and is responsible to the council for the
proper administration of all affairs relating to the city.
Section 6 .03. Powers and Duties of the Clerk-Administrator
The powers and duties of the clerk-administrator include those of
the clerk in a statutory city, as directed by council, as contained
in this charter, ' and, but not limited to, the following:
(a) Supervise and certify municipal elections; (b) Record all
proceedings of the council; (c) Record all ordinances in their
entirety; (d) Maintain a complete record of all financial
transactions of the city; (e ) Prepare reports relating to
municipal projects; ( f) Prepare an annual financial statement,
annual fiscal budget, and capital improvement plan, and other
financial reports required by law; (g) Submit periodic reports to
the council on the financial condition of the municipal accounts;
(h) Supervise employees, programs, and activities, and advise the
council in decisions regarding employees and employee labor
contracts; ( i) Be fully informed regarding federal, state, and
county programs which affect the city; ( j ) Consult with appointed
officials and with other public or private agencies as may be
required; (k) Develop and prepare news releases and public
relations material; ( 1 )Perform all other duties required by the
council .
MEMORANDUM
TO: SAMANTHA ORDUNO, CITY ADMINSITRATOR It)
FROM: MICHELE SEVERSON, ADMINISTRATION S R,; '�'Y
DATE: APRIL 6, 1993
RE: AMENDMENTS TO CITY CHARTER
On February 10, 1986 the Charter was amended as follows:
Section 4 . 02 . Filing for Office. No earlier than forty two
fifty-six days nor later than twcnty cight forty-two 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 to the Clerk-
Administrator in an amount as set by ordinance, have his/her
name placed on the municipal election ballot. (Ordinance
404)
Rewrite, by Richard Oman, 5-23-93
CHAPTER 4
NOMINATIONS AND ELECTIONS
Sec. 4 . 01 . The Regvlar Municipal election. k The regular
municipal election shall will be held on the first Tuesday after
the first Monday in November of each even numbered year
at such places as the city council shall will
designate . At least fifteenthirty days prior notice shall- must
be given by the clerk-administrator by posting a notice thereof
in at least one public place in each election precinct, and by
publishing a notice the—re—of at least once in the official
newspaper 0-f—th-e—city stating the time and places of holding such
the election and of the officers to be elected. Failure to give
such the notice shall dges not invalidate such the election.
Elected and qualified officers provided for by this charter shall
will assume the duties of office to which they were elected on
the first business day in January following such the election.
Sec. 4.02 . Filing for Office . No earlier than forty two
•
ordinance, have his/her name placed on the municipal election
ballot.
An, elegi.ble y9ter, 9f, the. 9ity.Tey, file , f9r election in the manner
prescribed by law.
Sec. 4.03. pr99e0vre. et.Electig e, Consistent with the
pro-visions of this charter and applicable state laws; The council
may by ordinance further regulate the conduct of municipal
elections, - - - - - _ - -
- - - - - 99nsistekt with the prgylel9pe. 94
this charter 09 d, epplicab1e . etete. lewe,
Sec. 4.04. ,5pec4.el and Advisory Electi49e except for
Elected Office. The council shall may by resolution order a
special election and provide the means for
holding it- the. electi99: At least fifteen thirty days prior
notice shall Tvet be given by the clerk-administrator by posting
a notice ' f in at least one public place in each election
precinct, and by publishing a notice thereof in at least once in
the official newspaper of the city stating the time and the
places of holding such the election. Failure to give such the
notice shall 04es not invalidate such the election.
Sec. 4 .05. Vacancy of Municipal Elected Office.
Subdivision 1 . When a vacancy in an elected office of the
city occurs with 365 days or more remaining in the term of the
vacated office, there shall IP St be a special election held
within ninety days after the vacancy occurs to elect a successor
to serve for the remainder of the unexpired term of the office
vacated.
Subd. 2 . The clerk-administrator shall lust give at least
sixty days published prior notice of such the special election,
except as set forth under subd. 5 of this section.
Subd. 3. The procedure at such of. the election and
assumption of duties of elected officers following such the
election shal-1 must conform as nearly as practicable to that
prescribed for other municipal elections under this charter.
Subd. 4. In the case of a vacancy where there remains less
than 365 days in the unexpired term, the council shall will by a
majority vote appoint a successor to serve for the remainder of
said the term. In the case of a tie vote of the council, the
mayor shall will make said the appointment.
Subd. 5. When a vacancy in an elected municipal office
occurs within 120 days prior to a regular municipal election
date, the special election to fill the vacancy shall will
coincide with the regular election. If the vacancy occurs within
sixty days prior to the regular election date, the notice of such
vacancy shall ipet be published as soon as is practicable.
If, within the 120 day period before a regular municipal
election, the vacancy occurs in the office of mayor or in the
office of either or both of the councilmembers whose seats are to
be decided in the election, said the vacancy shall be considered
not to exist for purposes of the election. However, if strcir the
vacancy occurs in the office of either 4r both of the other two
councilmembers, the seat- shall be- filled by---the-candidate for -
councilmember with the third highest vote total, or, in the case
of sr Vt19” . to 'm�. 'e, not. VP. f4 '. eleCti4P. . the. Beat
will be filled by the candidate for councilmember with the third
and fourth highest vote totals, pespegtiyely,
vacancy in the office having the longest unexpired term.
Subd. 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 will fill said offices
by appointment until the next regular municipal election. In the
case of a tie vote of the council, the mayor shall will make said
the appointment.
Sample Drafts
by Richard Oman
5-24-93
Section 6 .03. Powers and Duties of the Clerk-Administrator
The clerk-administrator is the head of the administrative branch of
the city government and is responsible to the council for the
proper administration of all affairs relating to the city.
Section 6 .03. Powers and Duties of the Clerk-Administrator
The powers and duties of the clerk-administrator include those of
the clerk in a statutory city, as directed by council, as contained
in this charter, and, but not limited to, the following:
( a) Supervise and certify municipal elections; (b) Record all
proceedings of the council; (c ) Record all ordinances in their
entirety; (d) Maintain a complete record of all financial
transactions of the city; (e ) Prepare reports relating to
municipal projects; ( f) Prepare an annual financial statement,
annual fiscal budget, and capital improvement plan, and other
financial reports required by law; (g) Submit periodic reports to
the council on the financial condition of the municipal accounts;
(h) Supervise employees, programs, and activities, and advise the
council in decisions regarding employees and employee labor
contracts; ( 1 ) Be fully informed regarding federal, state, and
county programs which affect the city; ( j ) Consult with appointed
officials and with other public or private agencies as may be
required; (k) Develop and prepare news releases and public
relations material; ( 1 )Perform all other duties required by the
council .
TO: Charter Commission
FROM: Don Brager, Finance Director - Treasurer
DATE: June 7, 1993
SUBJECT: Review of Chapter 8 "Public Improvements and Special
Assessments"
Charter Commission Secretary Julie Trude has informed
me that the Commission has requested that I review
Chapter 8 "Public Improvements and Special Assessments"
of the Charter. Secretary Trude has further requested
that I compare Chapter 8 of the Charter to Minnesota
Statutes, Chapter 429 "Local Improvements, Special
Assessments.
Special Assessments are an important financing tool of
the City. Special Assessments financed the City's
present streets and water and sewer systems. Most of
the construction took place in the 1960's. The City
will soon be faced with the task of rebuilding streets
and replacing water and sewer mains. Special
Assessments could be used to finance these projects.
Chapter 8, Section 8. 04 states that "All improvements
to be paid for by special assessments" . . shall be
instituted by either, (1 ) the petition of at least
twenty-five percent in number of the benefitted
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
affirmative vote of all of the Council. " The section
also specifies obtaining cost estimates for the
improvement, setting a date for a public hearing on the
improvement, and notification of citizens and
benefitted property owners of the hearing. At the
hearing the Council may hear from citizens in favor of
or against the improvement but may not take action on
the improvement until a period of sixty days has
elapsed from the date of the public hearing. During
the sixty day period if any of the following occur the
Council shall not proceed with the project:
1 ) . a petition against such improvement be
filed with the Council, signed by a majority of
owners proposed to be assessed for the
improvement. . . "
2) When the improvement has been petitioned for, a
petition is filed with the Council " . . . signed by a
number of owners proposed to be assessed for such
improvement at least equal to the number of those
who petitioned for the improvement. . . "
3) " . . . when less than 100% of the estimated cost
of a proposed local improvement is to be paid for
by special assessment. . .a petition may be filed
with the Council, signed by a majority of the
number of electors who voted for mayor in the last
municipal election, protesting against either the
improvement, or the assessment formula or both. "
An exception to number two above is . . . 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. "
Should 1 , 2, or 3 occur " . . . the Council shall not vote
upon the same improvement within a period of one year
after the public hearing on said improvement. "
I am uncertain from reading Section 8. 04 what action
Council should take if, after sixty daysfrom the
public hearing, 1r 2, or 3 does not occur. Does
Council order the improvement by a majority vote should
they wish to proceed with it? Or do they order the
improvement by a majority vote if petitioned for or a
four/fifths majority if the improvement was initiated
by the Council?
Part of the reason for my uncertainty is the fact that
Minnesota Statutes, Chapter 429 makes a distinction
between initiating proceedings to consider a public
improvement, financed in whole or in part by special
assessments, and the ordering of the improvement.
Under Chapter 429 proceedings may be initiated by
either: 1 ) a petition of the owners of at least 35% in
frontage of the property bordering the proposed
improvements; or, 2) a majority vote of the Council.
To order the improvement requires a majority vote of
the Council if the improvement was petitioned for or a
four/fifths majority vote of the Council if the Council
initiated proceedings..
Chapter 429 requires a second public hearing to
consider the levying of special assessments against
benefitted properties after an improvement project has
been ordered. At the hearing " . . . the council shall
hear and pass upon all objections to the proposed
assessment. . . " . In addition "The Council may amend the
proposed assessment as to any parcel. . . " . Should a
benefitted property owner object to the amount of the
assessment or the formula, or both, the property owner
files a written objection with the City Clerk either
prior to, or at the public hearing. As mentioned above
the Council must address the objection at the public
hearing. After adoption of the assessments, a
benefitted property owner, who filed a written
objection, may appeal the assessment, within thirty
days of adoption of the assessment, to district court.
One of the difference between the Chapter 8 of the
Charter and Minnesota Statutes, Chapter 429 is that the
Charter requires a sixty day waiting period after a
public hearing on whether the improvement should be.
ordered and Chapter 429 does not. Another difference
is that the Charter allows petitions of benefitted
property owners to be submitted to the Council which
subsequently prohibit the Council from undertaking the
improvement whereas Chapter 429 allows the Council, the
elected representatives of the citizens, to determine
whether an improvement should be undertaken. A further
difference is that Chapter 429 appears to allow a
modification of a proposed assessment to be made
whereas Chapter 8 provides that the project shall not
be undertaken when a petition is received, pursuant to
Chapter 8, objecting to the amount of the assessment,
the formula, or both.
At the time that the original charter was being drafted
bond counsel and financial advisors were asked to
comment upon the proposed charter. Attached for your
review are comments received from Faegre & Benson, bond
attorneys, and Ehlers & Associates, a financial
consulting firm, in 1979.
Since the adoption of the Charter I can recall only one
public improvement that was financed with special
assessments. That was the streets, water mains, and
sewer mains at the Silver Lake Woods development. The
• improvements were petitioned for by the developer, who
was the sole owner of the benefitted properties at the
time.
The Council adopted a policy that the City would only
accept petitions for improvements if they were signed
by 100% percent of the benefitted property owners of an
improvement. That policy is contained in Resolution
No. 2574, which was adopted December 11 , 1989. A copy
is attached for your consideration.
Should you have any questions please do not hesitate to
contact me.
DB/hs
Enclosures
ROBERT J.CHRISTIANSON HOMAS _ MER F A E G R E a. BENSON J.D.FAC O RtIRCTIRlOI
GEORGE 0.MCCLINTO CK JOSEPH `^•RIRICC
EVERETT A.ORAIRC W.3MIT4 SHARP LIAR. JOHN C.SENSOR
DONALD L.ROBERTSON PIN.Li.S.CARON PAUL CHRISTOPHERSON
WRIGHT W.SPOOKS JOHN F.DCUKEMA 1300 NORTHWESTERN BANK BUILDING JOHN D.PAEGRE.JP.
RODGER L.NORO DTC ALTER J.OUPFY,JR. COU..f CL
GEORGE C. G JAMES P.STEPHENSON
JOHN S.MOLTEN P.REID CARRON
O.ALAN CUNNINGHAM A.DAVIO nCLLY
• N.OCLKC JOHN K.STEFIEN MINNEAPOLIS. MINNESOTA 55402
ERWIN MITCH GOLDSTEIN CHARLES E.MOLTEN.JR.
JAMES A.MALLS JOHN S.GORDON
^
GERALD T.FLOM THOMAS CRLC -
CHARLES L.HORN THOMAS G.MORGAN 612/371-5300
JACK D.GAGE JOHN O.0HIVLLY
PETER W.ANSON EDWARD G.HEILMAN
J AMES FIT.MAURICE JOHN N AKCR
GORDON G.DUSOICRER RODCRT L..SCHNL.JR.
J OHN O.FRENCH RICHARD A.NELSON
RONALD B.MCMSTAO BRIAN D.O'NEILL
NORMAN R.CARPENTER WILLIAM R.DUSCH.JR.
LAWRENCE C.DROWN BONNIE M.FLEMING
ARTIN N.PURSE HENRY P.FRISCH
JOHN C.HARRIS LOREN P.HART
PAUL T. SIRKELAND RANDY L.MILLER
DAVID M.SEAODCAOIC WINTHROP A.ROCKWELL
RICHARD C.SCHMOKCK D.DAULR
THOMAS M.CROSBY.JR.. PATRICK
JACK M./RISLEY
JAMES T.HALEJOHN S.JAGIELA
LUDWIG NCR.JR, DAVID BN
M .DEAOctober 31. 1979
JAMES D.LOLOKEN DARN .DOACR
ARTHUR L.00TCN HCI01 M.HOARD
DUANE W.KROHNKC DAVID P.PEARSON
GEORGE W.FLYNN JAMES G.RAY
JAMES A. M RICHARD A.HCLDE
HUDERT V..FOPORCRCICR MARGARET S.ANGLE •
JAMES M.SAMPLES STEVEN R.ANDERSON
DALE C. IHOFFCR JAY D.CHRISTIANSEN
PETER R..KITCHAK CHARLES S.FERRELL
GALE R.MELLUM DAVID B.MILLER
DRUCC F.BURTON MARK F. ETSON
JERRY W.SNIDER JAMES A..O'NEAL
HENORIK OC JONG RICHARD T. THOMSON
STEPHEN ROSHOLT
FRANK B.BUTLER
GORDON D.CONN.JR.
B RUCE AACKERMAN -MICHAEL H.HARPER.JR.
Mr. Duane McCarty, Mayor
Members of the City Council
City of Mounds View
City Hall •
2401 Highway 10
St. Paul, MN 55112
•
Re: Proposed Home Rule Charter
Dear Sirs:
At your request we have examined the copy of the
proposed Home Rule Charter, dated October 11, 1979, to
consider the effect which the Charter, if adopted, would
have on future bond financing by the City.
In general, the Charter provides more complex •
procedures than the procedures provided by Minnesota law for •
statutory cities. This will inevitably cause some increase
in the time and effort and therefore the expense involved in
following and establishing compliance with the procedures to
the satisfaction of bond counsel. In addition, until Minnesota
municipal bond dealers become familiar with the City' s new
procedures, some educational effort will be required to
fully explain these procedures to the satisfaction of bond
dealers so that they will not hesitate 'to bid on the City' s
bonds under the new Charter.
•
However, subject to certain specific problems
mentioned below, we think in most instances the City will be
able to obtain financing and sell its bonds on the market
and the City' s bond counsel will be able to provide the
necessary approving legal opinion under the procedures of
the new Charter if it is approved by the voters. In particular,
the procedures required for public improvements and special
Mr. Duane McCarty
Page 2
October 30, 1979
assessments under Chapter 8 of the Charter are not much
different from the procedures required by South Dakota
state law for special assessment bonds except for the some-
what longer periods of time established by the Charter.
However, there are certain specific problems which
may arise (and in other places have arisen) under the
Charter language, including the following:
1. Section 7.05 requires a long term financial
plan. The plan must be adopted after public hearing, apparently
annually, by ordinance. The Charter does not indicate
whether failure to include a capital project in the long
term financial plan will prohibit the construction and
financing of that project during the year pursuant to a bond
election or special assessment proceedings, nor does it
indicate whether the plan can be amended during the year.
This problem could be a source of concern to your bond
counsel and may need to be resolved by litigation if the
situation arises.
2. Similarly, Section 7. 07 prohibits the incurring
of any obligations of the City unless an appropriation has
been made in the budgetresolution and there is a sufficient
unexpended balance. The Charter does not say that this
prohibition is limited to obligations incurred in anticipation
of collection of taxes or other ordinary revenues. Arguably,
it could apply to obligations, to be paid from bond proceeds,
and unless bond proceeds are appropriated in the budget
resolution itself, it might be contended that the Charter
would be violated. If bond proceeds cannot be spent for the-
purpose for which they were voted or otherwise authorized,
bond counsel would hesitate to approve the issuance of the
bonds. While Section 7. 08 may provide the basis for supplementary •
capital appropriations, on the grounds the bond proceeds .
are "actual receipts [which] exceeds the estimate" , the
conclusion is not self evident and would require careful
research and analysis.
3. Under Section 5. 07 any ordinance or resolution
may be subjected to referendum by petition " [p] rior to the
date when an ordinance or resolution takes effect" . If a
bond election has been called and held and the bonds approved
by the voters, the question arises whether a resolution to
sell the bonds or to let a contract for the project to be
funded from bond proceeds may be subjected to referendum.
Unlike ordinances, most resolutions take effect immediately,
and it may therefore be that the Charter provision would
have no particular effect on such a resolution. On the
other hand, it may be contended that a literal interpretation
Mr. Duane McCarty
Page 3
October 31, 1979 .
of the quoted phrase affects the fundamental purpose of the
Section and a referendum petition should be allowed some
reasonable time after the effective date of the resolution so
long as the City has not entered into a contract that would
be impaired by the referendum. As a practical matter, in
most cases no one will want to file a referendum petition
under the circumstances I describe and the bonds may be
issued or a contract let upon a certificate by the City
Clerk that no petition for referendum has been filed. But .
if a referendum petition is filed under these circumstances ,
the correct solution is not obvious.
4. Section 8. 04 , Subd. 1 provides for petitions
and counter-petitions by certain percentages "in number of
the benefited property owners" and "owners proposed to be
assessed for such improvement at least equal to the number
of those who petition for the improvement" . These phrases
are ambiguous in that they do not tell the reader how to
compute the number of owners of a lot which is held jointly
by or by tenants in common of two or more persons.
5. Section 8. 04, Subd. 3 provides that no contract
may be let "in the event that the current proposed contract
exceeds the estimated cost by more than 10%.' Subdivisions
1 and 2 -refer to the estimated cost of an improvement, not
to the contract portion of the improvement. The question
then becomes whether the contract limit is 110% of the
estimated cost of the improvement (which includes engineering,
legal, fiscal and miscellaneous costs as well as contract
costs) or is 110% of the contract portion of the total
estimated cost. More serious is, however, the fact that
the quoted provision will probably require the City to let
all contracts for an improvement simultaneously; otherwise,
the City may find itself in a position where it has let a
contract for some portion of - the work, for example, sewer
installation, and cannot let another contract to complete
the work, for example, street resurfacing.
I am certain there will be other questions of
interpretation which may cause difficulty, and no one can
visualize all the possible problems or weigh the seriousness
of the problems.
If we can be of any further assistance to you or
clarify any of the foregoing, please let us know.
Very truly yours,
FAEGRE & BENSON
74._
cc: Mr. Jeff Nelson
Mr. Don Bragger
Mr. Richard Meyers
EHLERS AND ASSOCIATES, INC.
• FINANCIAL SPECIALISTS
FIRST NATIONAL-900 LINE CONCOURSE 507 MARGlUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-5291 (AREA CODE 6121
r �
/ I
/
November 5, 1979 . ► 0>>\
: , 0%\I 15 1(3 `•\
1573
Mr. Duane McCarty cn
E �c
Mayor, City of Mounds View , , C,i << , �r
City Hall \ ,,, ��,G'
2401 Highway 10
St. Paul , Minnesota 55112
RE: Proposed Charter; Financing
We have been asked to comment on the proposed city charter, particularly with
reference to financing measures.
Referendum: Under Chapter 5, fifteen percent of the electors (last presidential
election) may petition for a referendum of any_ council adopted measure. As to
financing local improvements, which typically involve a number of council
resolutions, the procedure could become very cumbersome if each resolution is
subject to, and must wait 30 days for a possible challenge. Referenda, coupled
with the delays and counter. petition measures provided in Section 8, could mean
that a majority of those voting could deny vitally needed local (special assess-
ment) improvements to areas of the city. If local improvements are to be subject
to challenge (referenda) we suggest that such challenges apply only to the
resolution ordering the improvement.
One hundred and twenty days, four months, to the next election, on top of a 30 day
referenda petition period, on top of 60 days after a preliminary hearing for
•
petitions in opposition may cause a vital local improvement to lose a whole
construction season. No financing could take place until all the times for
petitions, for referenda, referenda themselves and times for counter petitions
against improvements have been exhausted.
Long-Term Financial Plan; Section 7.05: Good, if it is assumed that new facts
and needs may dictate modifications andthat added local improvements may be'
undertaken after the required hearings under Minnesota Statutes, Chapter 429
(or under Section 8 of the draft charter, should that section be adopted) .
Budget Enforcement; Section 7.07: As to debt service on bonds, it must be
assumed that these payments would be legitimate obligations whether or not included
in the budget. Otherwise, the city could suffer a bond default, .lowered bond .
ratings and higher interest cost.
Mr. Duane McCarty November 5, 1979
St. Paul , Minnesota Page 2
Special Assessments; Section 8.01: . . .. "No assessment shall exceed benefits
to the property." "Benefit" has been construed to mean increase in value. But
there is a growing concept that assessments should, in some cases, reflect a
property's contribution to the problem to be resolved, to the cost of the project.
Local Improvement Ordinance; Section 8.03: Minnesota Statutes, Chapter 429,
provides a time tested, court tested, uniform, workable code for undertaking
local improvements. Adoption of a new, novel ordinance might have to be retested.
We suggest 'that local improvements be carried out under Chapter 429 or other
applicable statutes.
Procedure; Section 8.04: While Section 8.03 says a comprehensive local improvement
ordinance shall be adopted, Section 8.04 itself actually lays out detailed
procedures (which, in many respects, closely follow Chapter 429) . In many
respects Section 8.04 and its detail renders another "comprehensive" ordinance
redundant. In fact, this detailed charter section very closely follows Minnesota
Statutes, Chapter 429, except that,because of the counter petition time and the
delays entailed in petitions for referenda on any council measures, it would make
it extremely difficult and time consuming to plan, finance and execute local
improvements, which may have several adverse effects on the city's development.
Having had a preliminary hearing with published and mailed notice, proceedings
must stop for 60 days during which time opponents may counter petition against
a project. •
a. Dragging proceedings out will no doubt, in some cases, escalate
community problems and friction.
b. These delays (including possible petitions for referenda) may mean
higher costs (now about 1 to 1-1/2% per month) .
c. Extraordinary concern for the opposition will mean that the majority
may impose serious problems on the city and on minority property
owners and deny equitable solutions.
Comment: One wonders about the extraordinary blocks that the draft charter puts
up to prevent even extraordinary (4/5) majority decisions of an elected council .
It seems to say that local improvements are bad, that a representative governing
body does not work. While some decisions can always be questioned, representative
government has, overall , served the city well .
Respectfully submitted,
EHLERS ' V •SS�CIA,41 4077( '
► ' .
,. . -rt L. Ehlers
'LE:sl
•
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
:RST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 6123
November 28, 1979 I". '
co
Irl , r~
. Mr. Jeff Nelson
City Administrator
2401 Highway 10 �=
St.. Paul, Minnesota 55112
Dear Mr. Nelson:
You have asked us to comment further on the proposed city charter and our
•
previous letter.
I modified my view that each resolution might be subject to referendum.
•
Mr. Loeding points.:out that a resolution which is effective immediately
is not subject to referendum.
However, it is still my view (and that of the charter commission, I believe)
that it will be much more difficult, time consuming and costly to undertake
local improvements. What with the time required for petitions, counter •
petitions and counter-counter petitions plus the possibility of referenda
on resolutions held in suspense during the petition times, there are apt
to be huge delays, maybe even missed construction seasons. In an inflation
economy, every month costs 1 to or,on a million dollars project, up ..
to $15,000 (plus costs for added legal work) .
Following discussion with the council and members of the charter commission
it appears that five year capital improvement budgets must be by ordinance •
(subject to referenda0and to change it by adding a project requires another
ordinance (also• subject to referendum) .
•It appears to be a.stated objective to make it more difficult to undertake
and finance local improvements, particularly those which are not 100%
assessed to "benefitted"property. In this the charter should prove very
effective. Had it been in the being at the time of-incorporation the city
probably would nct now have a sanitary sewer or a water system. These improve-
ments, not 100% assessed, were very controversial. Only a minority have water
in their basements or have contaminated wells at a particular moment. Sometime,
as the city develops, surface water will become a- severe problem for some
homeowners (probably a minority) who may be unable to get relief under the
charter.
Very truly yours,
EHLERS'AND' •S• IA •
v• r . hl s
JURAN & MOODY , INC .
• MUNICIPAL BONDS EXCLUSIVELY
' +• 114 EAST SEVENTH STREET
- SAINT PAUL, MINNESOTA 55101
Li _J -.'l TELEPHONE 612/298-1500
November 8, 1979
Mr. Jeff Nelson
City Administrator
City Hall
2401 Highway #10
P.O. St. Paul , MN 55112
RE: PROPOSED NEW CITY CHARTER
CITY OF MOUNDS VIEW, MINNESOTA
Dear Jeff:
As per our telephone conversation last week, I have received a copy of the City
of Mounds View proposed new City Charter.and I have also received copies of
letters to Mr. McCarty from Faegre and Benson and the City financial consultant,
Mr. Bob Ehlers.
We, at Juran & Moody, Inc., are both financial consultants and underwriters
of general obligation bonds not only within Minnesota but also on a national
basis, so I feel qualified to speak on the proposed new Charter. I have the
following comments:
1. The issuance of general obligation bonds under the new Charter
could be delayed at least six months due to petitions and appeals.
2. When the potential for appeals are much greater, due to a Charter,
than those of a statutory City, the underwriters would have a
possible tendency to shy away from a City with this type of a Charter
when the supply of bonds are adequate within the market place.
3. I believe that there is a possibility that this ordinance, as it
relates to Chapter 429,would have to be retested in court. This
initially could take a lengthy period of time.
4. The potential delays caused by the City Charter could increase
construction costs dramtically and increase the legal and
financial cost as well .
From a financial consultant standpoint, I would not recommend a Charter much
JURAN & MOODY. INC.
Mr. Jeff Nelson
November 8, 1979
Page 2
like the one that is proposed at Mounds View for any of our municipal clients .
If you have any questions or if I can be of any further service, please do
not hesitate to call .
Very truly yours,
JURAN &,M10:0 , INC.
Stev- ' J . Mattson
Vi - President
SJM/tld
RESOLUTION NO. 2574
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING CITY OF MOUNDS VIEW POLICY
REGARDING PETITIONS FOR PUBLIC IMPROVEMENTS
WHEREAS, the Mounds View City Council anticipates
receiving petitions for public improvements in the City; and
WHEREAS, the Mounds View City Council hereby sets policy
• regarding the acceptance of petitions; and
WHEREAS, the Mounds View City Council states that the
petitioner shall submit all applicable information including, but,
not limited to, the demonstrated need for the improvements, - the
proposed location and lay out (sketch plans) of the improvements
in accordance with applicable City ordinances, and the signatures
of one hundred percent (100%) of the directly affected and
benefitting properties relating to the public improvements at the
same time the petition is submitted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mounds View hereby sets policy regarding acceptance
of petitions for public improvements pursuant to direction found
above.
Adopted this 11th day of December , 1989.
ATTEST:
Mayor
•
(SEAL)
Ark
ClerkdministratOr
CSD
(MADS
Phone: (612) 784-3055
1111(06 Fax: (612) 784-3462
"Quite Simply the Best"
MEMORANDUM '
TO: CHARTER COMMISS O�T
FROM: SAMANTHA ORDUNO
•
DATE: MARCH 3 , 1993
RE: COMMENTS ON CITY CHARTER, CHAPTER 6
*****************************************************************
Below please find my comments on Chapter 6 of the Mounds View
City Charter. Point of clarification: All references to the
position of Clerk-Administrator are abbreviated as CA. Don
Brager's comments on Chapters 7 and 8 are also attached to this
memorandum.
Section 6. 01
If the CA is appointed to "assist in the administration of City
affairs" , and the list of the position duties is detailed, then
for the purpose of consistency, consideration may need to be
given as to what the Council's role in that administration shall
be.
Section 6. 02 , Subd. 1
While the original intent may have been to give tacit consent to
the CA delegating duties, the language here is contradictory to
that "intent" .
Subd. 2
The City Council formally appoints all employees, full-time and
part-time, upon recommendation from the CA. Determinations as to
qualifications, job descriptions, skills testing, interview
procedures and reference checks are generally delegated to the
CA.
Personnel Administration is perhaps one of the mostcomplex
professions today. In the public sector with the restrictions and
regulations put forth bysuchlaws as Veteran's Preference,
American Disabilities Act, Human Rights legislation andlabor
relations, it is difficult for a City Council to keep abreast of
the almost daily changes that are mandated in the area of
personnel. And, one wrong action could result in litigation
costing the City thousands of dollars.
� WITH
PRE� I K ��
2401 Highway 10• Mounds View, MN 55112-1499
recycled Weer
CHARTER COMMISSION
PAGE TWO
MARCH 3 , 1993
Subd. 3
This is done at the first work session of each quarter. However,
the Council receives written weekly updates from each department
throughout the year as well as are advised of events/activities/
issues/problems at each work session and/or Council meeting. If
the quarterly report was mandated in order to increase public
awareness of department actions, it is not the best avenue by
which to communicate such information. More information is
reported to more people in the City newsletter than a quarterly
report presentation before the City Council
r
Section 6. 03 Subd. 1
The duties/responsibilities outlined in this subdivision are
delegated to the Deputy Clerk who also serves as the
Administrative Secretary. I supervise each activity and am
ultimately responsible for the consequences of the actions but do
not physically perform the duties.
Subds. 2 & 3
The responsibility for taking the minutes, preparing the minutes
and maintaining the official record of the minutes and ordinances
is delegated to the Deputy Clerk. She does the actual work, I
supervise and review the performance of the work.
Subd. 4
This is delegated to the Finance Director who delegates the
responsibility to the City's accountant. This responsibility,
while designated to the CA, is also designated as the
responsibility of the City Treasurer in Section 6. 04 - see
comments on that Section as well as the information from the
League of Minnesota Cities Handbook that I have attached.
Subd. 5
The first sentence of this subdivision does not belong in a
section describing duties.
The second sentence is redundant. These duties are already
clarified by the inclusion of the first sentence of Subdivision
1: "The duties of the Clerk-Administrator. . .shall include the
duties of the Clerk in a statutory city. " As a point of
clarification, I sign all official papers, supervise the
publication of notices and ordinances and am ultimately
responsible for completion/implementation.
1111
CHARTER COMMISSION
PAGE THREE
MARCH 3, 1993
Sentence 3 -money received in the City for all transactions are
made to the appropriate accounts as set forth in the City Budget.
I do not personally receive any direct funds. Receipt of monies
is delegated to the appropriate staff member and coded
immediately and directly to the appropriate fund through a
computerized accounting system.
The final part of this section needs clarification. There is
currently a deputy clerk who performs many of the clerical duties
of a "clerk" . She does not now nor will she in the future serve
as Deputy Clerk-Administrator in my absence. There is an
Assistant to the Clerk-Administrator who takes over in my
absence. However, he is not the Deputy Clerk. It is a semantics
problem, but one that does have ramifications if the Charter were
to be followed as written. At the very least a simple word change
from Deputy to Acting Clerk-Administrator would suffice.
Subds. 6 & 7
The duties/responsibilities outlined so specifically here are
"givens" in today's professional municipal organization.
Subds. 8 & 9
I am responsible for the preparation and presentation of the
budget, capital improvement plan and financial statement. It is a
collaborative effort of all department heads and myself and is
prepared only after the Council and staff have determine
policy/program/service and activity priorities, examined
legislative implications and external/internal financial
restrictions/restraints.
Subds. 10, 11 & 12
I perform the duties/responsibilities described in these
subdivisions. However, each responsibility outlined is considered
a "professional given" in accordance with professional ethics and
organizational management philosophy and practice. In cases where
it is not practiced, you will not see that person around for
long, in the position or in the profession.
Subd. 13
This is covered in previous sections as duties designated for a
clerk in a statutory city. For point of clarification, I am
responsible for the elections; however, much of the day-to-day
activities are delegated to the Deputy clerk.
CHARTER COMMISSION
PAGE FOUR
MARCH 3, 1993
Subd. 14
This is done as per the City's Personnel Policy and procedures
dictated by State and Federal law.
Subd. 15
The Council appoints all staff, but the Charter specifically
details cooperative working relations with the engineer and City
Attorney. What was the rationale here and is it relevant to
outline only specific interpersonal behaviors or any
interpersonal behaviors. I would think that any Administrator
would work cooperatively with all staff and consultants as a
matter of professional ethics and. Again, if that is not the
case, that person rarely lasts long in the position.
Subd. 16
Preparation of press releases are made by various staff members
depending on the subject matter. I direct and oversee the public
relations program, but do not perform the work myself.
Subds. 17 , 18 & 19
Again, these actions are "givens" in today's professional
municipal operation.
Subd. 20.
Covered in Subdivision 9 .
Subd. 21
A given.
Section 6. 04
The duties of a statutory treasurer are similar, if not the same,
to those that are detailed in Section 6. 03 , Subdivisions 4 & 5 -
the duties detailed for the Clerk-Administrator. Was the intent
that there be two "sets of books" - that the clerk-Administrator
and the treasurer each keep a set of books?
CHARTER COMMISSION
PAGE 5
MARCH 3 , 1993
Section 7. 05, Subds. 2 & 4
Thought needs to be given to combining these two actions. A Public
Service Program that seeks to "measure the objectives and needs for
each City department, standard of services" and so on cannot do so
without incorporating a. correlating revenue program. Both are
intricately related and inseparable as part and parcel of the same
plan/program for financial future projections.
Section 7 . 07
Question legalities of third sentence.
Section 7. 10 and 7 . 12 , Subds. 2 ,
If the intent here is to require such publication in a City
newsletter, there needs to be clarification that it may have to be
a "special edition of the newsletter, if different from scheduled
publication dates". The intent needs to be readdressed if failure
to publish in the City newsletter does not invalidate action taken.
The language is ambiguous and contrary.
City Administrative Staff
Chapter 7
• This chapter explores the duties of various city ficer. Other positions most cities have are the-ad-
officials, the requirements for qualifying for of- ministrator, librarian, liquor store manager,
fice, and the problem of incompatible offices for recreation director, street superintendent,
elected and appointed officials. Topics are: engineer, and utilities superintendent. Small cities
often hire several people on a part-time basis, or
A. Appointed Officials and Employees one or two full-time people to perform many
B. Qualifying for Office duties. Sometimes they share services of an
C. Incompatible Offices employee with other small cities under the joint
D. How this Chapter Affects Home Rule powers act.
Charter Cities
While these positions are common to large and
A. Appointed Officials and • small cities alike, the actual duties of some
employees often depend on the size of a city and
Employees the complexity of its organizational structure. A
supervisory administrative official may or may not
Statutory city councils have complete freedom devote part of his time to direct participation in
to create whatever positions they find necessary in the functional activities of the department.For ex-
addition to those the statutes require. They may ample, police chiefs in smaller cities may spend a
assign duties to these officials as long as such ac- major portion of their time working in patrol cars,
tions promote the public welfare and are consistent devoting only a few hours per week to supervisory
with state law. This may also be true in a home activities.
rule city, depending on its charter provisions.
Statutory Appointive Offices
Non-elective officers and employees in cities fall -�
into two groups.The city often hires officials such The statutes require cities to hire people to fill
as the attorney, health officer, auditor, architect, several positions.
and others as consultants. Their compensation is
frequettly on a retainer, a contract, or some other Assessor
fee basis. Other officials are full and part-time
employees to whom the city pays either a salary or Cities of the first class and cities with a popula-
a wage. Some cities employ these officials on the
tion of 30,000 or more, which are.in counties not
basis of a merit system or under civil service.
having a countywide assessment system,must have
Non-Statutory Offices a city assessor. The assessor performs both the
duties of a local assessor and county assessor, ex-
Although the law does not require it, most cities cept that the county assessor retains supervisory
duties. 1
appoint an attorney, police chief, and health of-
Handbook for Minnesota Cities Page 125
City Administrative Staff
Although the city code authorizes the appoint- usually supervises the daily administration of city
ment of a city assessor,2 a later law required cities business, such as keeping records, writing letters,
with a population of less than 10,000 which and keeping accounts. Oftentimes the clerk sees
employed a city assessor after 1972 to notify the that city employees carry out council decisions.
. commissioner of revenue that they had a licensed The clerk has several statutory duties.
assessor. If the city did not give this notice, the
county assessor assumed the duties of the city as- Executive officer for the council.The clerk is the
sessor. 3 Since June 15, 1975 city assessors must executive officer for the statutory city council.
be licensed. 4 With the approval of the commis- Clerks perform this duty in many charter cities as
sioner of revenue,any city under 10,000 population well. In this capacity, the clerk does the following:
which does not now have a city assessor may
reinstate the office of city assessor by hiring a 1. Keeps records of all council proceedings,
licensed assessor. 5 including preparing minutes of council
meetings and maintaining the ordinance
The department of revenue has information on book;
the state certification program.
2. Handles all correspondence on behalf of
Clerk and Treasurer the council; _
Plan A cities must appoint a clerk and a 3. Draws up agendas and prepares or super-
treasurer, or a clerk-treasurer. Because the vises the preparation of other working
treasurer's duties are, in most respects, the same papers the council uses at the meetings;
as the clerk's duties, many cities think the former and
office is unnecessary. The law authorizes integra-
tion of the offices into the single position of clerk- 4. Executes any duties the council assigns to
treasurer. Cities under Optional Plan B have al- the clerk.In many cities,the clerk also does
ways been able to combine the position of this for administrative boards such as the
treasurer with that of any other city administrative utilities commission.
officer except the manager.
Elections.The clerk handles most of the details
The city council, by ordinance, may delegate all involved in conducting city elections.
or part of the clerk's bookkeeping duties to an-
other officer or employee. 6 The person respon- Financial responsibilities. Except for those
sible for these duties must be bonded. If the city records the treasurer must keep, the clerk main-
makes the treasurer responsible for all bookkeep- tains all financial records.Where the city has com-
ing functions, the city must audit its financial bined the office of clerk and treasurer, the clerk
records. Copies of the ordinance delegating the performs all duties.In addition,the clerk must an-
bookkeeping functions must go to the state nually prepare three different financial reports.
auditor. (See Part VI.) .
Civil Defense Director_.... If the council makes appropriations or allot-
ments" ""` '" ' under a budget, the clerk usually has the
All cities must have a civil defense director who duty of administering the budget.
is responsible for all civil defense activities in the The city must make monthly payroll deductions
city in conformity with regulations of the division for the public employees' retirement association
of emergency services of the department of public and Social Security contributions from each
safety. i Many smaller cities have designated their employee and remit them and the employer's fire chief as civil defense director. con-
tributions to the appropriate state officer.A state-
Clerk C ment of the amount of these deductions, the
amount of salaries from which they came, and the
v names of the employees for whom the city is
The clerk i¢ a central figure in any city govern- making the payment must accompany the pay-
ment, with a wide variety of duties and respon- meats. The preparation of this statement is the
sibilities. Not only does the clerk execute many of duty of each department head in the city, but
the city's governmental functions, but he or she
Page 126 Handbook for Minnesota Cities
Chapter 7
where the city does not have separate department The clerk is entitled to receive a fee for prepar-
heads or where some city employees are not ing certified copies of official documents and for
directly accountable to any particular department filing and entering papers not related to city busi-
head, the clerk should make the deductions and ness. 15 The council may require the clerk to pay
file the necessary returns. such fees into the city treasury. 16
As the general city administrative officer in Certification. The clerk should certify and sign
charge of payroll, the clerk must also withhold the following documents,attesting to their validity:
state income taxes from the paychecks of all
employees. 1. Local approval of special laws pertaining
to the city. (See Chapter 6);
Executing official papers. The clerk must join
with the mayor in signing all legal papers on behalf 2. Indebtedness in proceedings regarding
of the city. changes in city boundaries;
Filing official documents. It is the duty of the 3. Special assessments to the county auditor;
clerk to accept and keep on file the following of-
ficial documents: 4. Plats of land within the city, after council
approval; 17
1. The oath and bond of each city official
(except the assessor); 8 5. All tax levy resolutions the council passes
(due on or before October 10 of each
2. Certificates of intention to control a year); 18
warehouse for the storage and sale of
packing house products; 9 6. Change of regular city election date, and
notify the secretary of state and the county
3. Claims against the city; auditor immediately; 19
4. Clerk's financial statement and treasurer's 7. Use of voting machines, certification must
statement; 10 go to the secretary of state within 30 days
of adoption; and z0
5. Any state auditor's reports on city affairs 1
which the clerk may receive; 11 8. Precinct boundary changes. When a city
changes a precinct boundary, the clerk
.-- 6. Proclamations stating that rabies exist in must file a map showing the new boundary
the city, and seeing that such a proclama- with the secretary of state and the state
tion is published-in a legal newspaper or, demographer and must post it in the
if there is no legal newspaper in the city, clerk's office at least 30 days before the
posting a copy in three public places; 12 change becomes effective.
7. Tax settlement receipts from the county Fire and police department statements. 21 On
treasurer; and 13 or before June 1 each year, the clerk of each city
that has an organized fire department and an in-
8. Receipts which court officers obtain from corporated relief association or a special fire
the treasurer for payment of fines into the department fund must certify that fact to the
treasury. 14 county auditor and the commissioner of insurance.
(In the case of a non-profit firefighting corpora-
The clerk, even though no longer the local tion, the secretary must file the certificate.) If the
registrar of vital statistics,should keep the records insurance commissioner does not receive the cer-
the city accumulated during the years when the tificate within the prescribed time,the city or non-
clerk did perform this duty. The clerk should profit firefighting corporation forfeits its rights to
answer inquiries concerning the records, but benefits for the year.
beyond this the clerk has no further duties in this
regard. The same information is due by June 1 with
•
• respect to the police department relief association
Handbook for Minnesota Cities Page 127
•
•
City Administrative Staff
or special fund to qualify for special police depart- the position. 27 Besides approving the appoint-
ment aid. ment, the council should provide for payment of
the deputy's salary from city funds.
Other duties. In addition to the above duties,
the clerk must: If the city doesn't have a deputy clerk and the
regular clerk is absent from the city or is disabled,
1. Take and certify acknowledgments and the council may, on its own authority, appoint a
administer oaths; 22 deputy clerk who serves only during the absence
or disability of the regular clerk. 28
2. Issue licenses and enforce countywide dog
regulations, in counties that have these A deputy may perform all duties of the clerk,
regulations; 23 except for that of a Standard Plan clerk serving as
• a council member. While state law does not re-
•
3. Receive notice and inform the council of quire bonding the deputy, it is advisable when the
convictions for liquor violations involving position requires handling money. The clerk is
people holding liquor licenses in the city; responsible for all official actions of the deputy.
and 24 03 ,Z,-41,4, 41
Treasurer o1-e-c-- Co.
4. Prepare and present to county officials, '`
when the city is vacating streets, alleys, or The treasurer mud receive and safely keep all
other public ground, a notice stating that city money, including liquor store funds. 29 This
the city has met all necessary requirements means that he or she must enter promptly all
for taking such action. 25 receipts in an account book, showing the date,
source, kind, and amount of each payment; and
Elected Clerks deposit all money immediately in the city's official
depository. To pay out city funds, the treasurer
In most Plan A cities the position of clerk has must in writing draw up an order, the council must
become a full-time job. In Standard Plan cities audit and allow it, and the mayor and clerk must
where the clerk is an elected, voting member of sign it. (See Part VI.)
the city council, a different situation occurs.
The treasurer must have the books and records
In many Standard Plan cities, the clerk no longer available for inspection at any time.After the close
spends a large amount of time performing duties of each calendar year, the treasurer must prepare
of a clerk: Instead, the elected clerk has become and file with the clerk a detailed account of that
more like a regular council member who super- year's receipts and disbursements.
vises a deputy clerk, a city employee who performs
the day-to-day operations of the clerk's office. When the treasurer leaves office,he or she must
deliver all city papers, books, and money to the
The elected clerk, in this situation, is usually successor as soon as the new treasurer qualifies
fully employed in another job in the private sector for office and begins the term. An outgoing
and performs the clerk's statutory and supervisory treasurer should completely close the books before
duties on a limited, part-time basis. Some Stan- passing them on.
dard Plan cities even hire an administrator to work
under the supervision of the entire council. This In addition to these duties, the treasurer must:
person performs many duties the clerk normally
does. 1. In certain instances, designate a bank as
the official depository for city funds if the
Deputy Clerk council fails to take action; 3U
The statutes allow the position of deputy clerk 2. Receive fees, fines, and other payments due
in any statutory city. Only the clerk, with the con- to the city and give out receipts for them;
sent of the council, may appoint and remove the and 31
deputy. 26 The attorney general has interpreted 3. Handle and sinking funds"with the consent of the city council" to mean thatcordingto investmentcouncil instructions.dsinkin32
ac-
the council must approve the clerk's nominee for
Page 128 Handbook for Minnesota Cities
Chapter 7
With the written approval of the council, the direct the work load, report to the council and the
treasuer may destroy certain financial records. 33 general public, and prepare and execute the
(See Part VII.) budget.
Deputy Treasurer Manager •
- The provisions authorizing appointment and Plan B cities and most charter cities have a city
removal of a deputy treasurer are the same as manager. The functions of governing the city are
those for a deputy clerk except that the treasurer clearly divided in city manager cities. The
makes the appointment and is responsible for the manager performs all of the administrative duties
deputy's actions. 34 Since the deputy may handle (such as hiring employees, enforcing city or-
money, the council should require a deputy dinances,and budget preparation),while the coun-
treasurer to file an official bond. cil makes all policy and legislative decisions.
Administrator B. Qualifying for Office
Standard Plan and Plan A city councils may, by "Qualifying for office" means that an elected or
ordinance, establish a position much like that of appointed official takes the official oath and files
city manager in Plan B cities. The city may assign a bond if necessary for the position. It is not the
coordinating duties of the city administrator to the same as "qualifications for office" which refers to
city clerk, deputy clerk, or a special administrative an individual's abilities and charateristics.
officer. The duties must be ministerial . The
courts will not permit the delegation of legislative The act of qualifying for office should take place
discretion. The duties which the council may within the statutorily prescribed time limit.
delegate are the supervision of workers, account- Failure to do so creates, upon declaration of the
ing, preparation of reports, factual determination, council, a vacancy in the office for which the offi-
and execution of council policies. The ad- cial should qualify.
ministrator may not hire and fire employees nor
make purchases and let contracts unless the coun- Oath of Office
cil sets standards governing this action. 35
Whether or not officials need a bond,they must
Some problems arise when the duties of this take and sign an oath of office before exercising
position are not clear. The city should have a any of their powers or duties.This includes mem-
detailed job description for this position. 36 bers of councils, boards, commissions, and ad-
ministrative officers.38 This applies to appointive
A new concept in city administration involves as well as elected officials. The oath is as follows:
the "circuit riding" administrator. Several small
cities may agree to share the benefits of a profes- "I(name) do solemnly swear to support the Con-
sional administrator by sharing the financial bur- stitution of the United States, the Constitution of
den as well as the time of the administrator. 37 the State of Minnesota, and to discharge faithfully
the duties of the office of!insert brief description
Except in Plan B and charter cities, department of office) of the City of Minne-
managers are directly responsible to the council. sota, to the best of my judgment and ability, so help
While they may make decisions of a daily, routine me God."
nature, all questions of major policy must go to
the council. If the officer objects to an oath on religious
grounds, the word "affirm" can substitute for the
In Plan B cities, however, the department head word "swear" and the phrase "and this I do under
is directly responsible to the city manager, and as the penalties of perjury" for the phrase "so help
a result,must make the reports, submit the budget, me God." Such an affirmation has the same legal
and be directly subordinate to the manager. effect as an oath. 39
In fulfilling their supervisory functions, ad- Any person with authority to take and certify
ministrative officials should oversee long and acknowledgments may administer the oath.There-
_ . short-term departmental planning, organize and fore,the city clerk, a justice of the peace, a notary
Handbook for Minnesota Cities Page 129
MEMORANDUM
TO: Samantha Orduno, Clerk - Administrator
FROM: Don Brager, Finance Director - Treasurer
DATE: March 3 , 1993
SUBJECT: Comments on Chapters 7 & 8 of the City Charter
CHAPTER 7
Section 7. 04 Submission of Budget
Subd. 2 Suggest a rewrite for clarity and correct
terminology. "An annual budget. shall be
prepared for each utility operated by the
City. Each budget shall include
estimated revenues, expenses, and net
income or net loss. "
Section 7. 05 Long Term Financial Plan
A)" Subd. 5 I believe that this subdivision should be
i Le included in Subd. 3 Capital Improvement
� �� � / Plan. A capital budget is part of a
AcapiL
tal improvement plan.
�1 Section 7. 06 Council Action on Budget
Subd. 1 The State's Truth In Taxation Law
prescribes notices to taxpayers of the
City' s budget hearing and the time frame
in which the budget hearing should be
held. Perhaps a phrase such as " . . . or
as provided for by State Statute" .
CONTINUED NEXT PAGE
CHAPTER 8
Section 8. 04 Procedure
Subd. 2 This states that if a proposed public
improvement project is to be paid for by
less than 100% special assessments a
majority of voters who voted for Mayor in
the last regular municipal election may
• petition against either the improvement
or the assessment formula or both. I
assume that the thought here was that
property taxes might be used, along with
assessments, to pay for the improvement.
As a consequence the general public may
have a say in the project through the
petition process. The property tax is
not the only source of financing for
public improvement projects. Other
sources include,but are not limited to:
Municipal State Aid(MSA) Construction
Allotments, monies which may be left in
another public improvement project after
the improvement has been completed,
monies which may be left in a bond fund
after all the bonds have been paid, and
storm water management fees. Should the
voters have the right of petition if non
property tax dollars are used?
it te
fr tY tel" h`' 0✓
r 10 P. 0_ 4 o , '
4tijy! ' to-, ti 14:4.-ti"
1 , 't 1?) ie-,;yuu
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412.141 STATUTORY CITIES 466 r
l'. r the city, and shall promptly enter in a book provided for the purpose an account of all _ .
' f moneys received and disbursed as treasurer, showing the source and objects thereof --:
} `; with the date of each transaction.The treasurer shall pay out money only upon the writ- 1.
` �F ten order of the mayor and clerk, or such other officers of independent boards or com-
�
I ` missions as are authorized to issue orders in the case of board or commission : .�i' operations. Such orders when paid and canceled shall be retained as treasurer's.vouch- ,1-.
.; ers. Such accounts and vouchers shall be exhibited to the council upon its request.•The y
I';` treasurer shall deliver to a successor all books,papers and money belonging to the city. -
h#` tt.f:
Y The •
treasurer shall immediately after.the close of the calendar year make out and file
'; 1-: with the clerk for public inspection a report of balances, receipts and disbursements.by M
,.0 , "it{'=' funds for the year.The treasurer may,with the consent of the council appoint.a deputy
r�
E;i treasurer for whose acts the treasurer shall be responsible and whom the treasurer may T ,
.)11: remove at pleasure. In case of the treasurer's absence from the city or disability; the:
Gfill,. council may appoint a deputy treasurer, if there is none, to serve during such absence :
;�' ?'N')
or disability. The deputy may discharge any of the duties of the treasurer. •�� '�
:� ,; History: 1949 c 119 s 17; 1951 c 378 s 5; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 ;
To;' 412.15 [Repealed, 1949 c 119 s 110]
elk, f'
AK''!A ��,, )14),.t 412.151 DUTIES OF CLERK.
•t tlix f\ ,e tom- o-, r Subdivision 1. The clerk shall give the required notice of each regular and special
f11:1475 ',- V` A" ` election,record the proceedings thereof,notify officials of their election or appointment ' '
!WC:
to office, certify to the county auditor all appointments and the results of all city elec- # `
l�z [� tions.The clerk shall keep(1)a minute book, noting therein all proceedings of the coun- 3
11 cii; (2) an ordinance book to record at length all ordinances passed by the council;and .,
1 ': 1> .� (3) an account book to enter all money transactions of the city including the dates aridT I
,, .
Lft: , I „-t, amounts of all receipts and the person from whom the money was received and all ;..
% "1. '
.. � ��� orders drawn upon the treasurer with their payee and object. Ordinances,,resolutions, �;d,
�; ' 44-i" � and claims considered by the council need not be given in full in the minute book if "
t
�' they appear in other permanent records of the clerk an• d can be accurately identified F:,
from the description given in the minutes. The clerk shall act as the clerk and book- .
* , '- b keeper of the city, shall be the custodian of its seal and records, shall sign its official A
rAP ;
1 i; u ' papers, shall post and publish such notices, ordinances and resolutions as may be
fi. l,; • A1.-1. �'�rt.416'required and shall perform such other appropriate duties as may be imposed by,the� Y ` 1. a council. For certified copies, and for filing and entering, when required, papers not
: �`' J�� relatingto citybusiness, the clerk shall receive the fees allowed by law to town clerks; <-,
�
t.-,.;',i
7 but the council may require the clerk to pay such fees into the city treasury. With the
1, , consent of the council, the clerk may appoint a deputy for whose acts the,clerk shall
� e� be responsible and whom the clerk may remove at pleasure. In case of the clerk's
41 41- absence from the city or disability, the council may appoint a deputy clerk, if there is f
14[ . ,°:Vq: none, to serve during such absence or disability. The deputy may discharge any of the '
-f,!_!'', duties of the clerk, except that deputy shall not be a member of the council. ,;t{ ,
I ' Subd. 2.The council by ordinance may delegate all or part of the clerk's bookkeep-�.,
tk ing duties to another officer or employee. The officer or employee who by ordinance is `-
' ' ; made responsible for the clerk's bookkeeping duties shall furnish a fidelity bond condi-
y i1 ' tioned for the faithful exercise of duties.The council may provide for the payment from ,;
city funds of the premium on the official bond.If the bookkeeping functions of the clerk
are delegated to the city treasurer, the council shall provide for an annual audit of.the
city's financial affairs in accordance with the minimum procedures prescribed by the
state auditor. A copy of the ordinance shall be provided to the state auditor. " .1-' '
'f�
44 (,i History: 1949 c 119 s 18; 1951 c 378 s 6; 1953 c 735 s 3; 1973 c 123 art 2 s 1 subd
�
4} 0� 2; 1984 c 384 s 1; 1986 c 444 • . ` =; 4 :
-.> Via.
,COITY OF
1111
QUADS
Phone: (612) 784-3055
0 Fax: (612) 784-3462
"Quite Simply the Best"
MEMORANDUM
. }\(TO: CHARTER COMMISS O `
FROM: SAMANTHA ORDUNO
DATE: MARCH 3 , 1993
RE: COMMENTS ON CITY CHARTER, CHAPTER 6
*****************************************************************
Below please find my comments on Chapter 6 of the Mounds View
City Charter. Point of clarification: All references to the
position of Clerk-Administrator are 'abbreviated as CA. Don
Brager's comments on Chapters 7 and 8 are also attached to this
memorandum.
Section 6. 01
If the CA is appointed to "assist in the administration of City
affairs" , and the list of the position duties is detailed, then
for the purpose of consistency, consideration may need to be
given as to what the Council's role in that administration shall
be.
Section 6. 02 , Subd. 1
While the original intent may have been to give tacit consent to
the CA delegating duties, the language here is contradictory to
that "intent" .
Subd. 2
The City Council formally appoints all employees, full-time and
part-time, upon recommendation from the CA. Determinations as to
qualifications, job descriptions, skills testing, interview
procedures and reference checks are generally delegated to the
CA.
Personnel Administration is perhaps one of the most complex
professions today. In the public sector with the restrictions and
regulations put forth by such laws as Veteran's Preference,
American Disabilities Act, Human Rights legislation and labor
relations, it is difficult for a City Council to keep abreast of
the almost daily changes that are mandated in the area of
personnel. And, one wrong action could result in litigation
costing the City thousands of dollars.
PRINTED WITH OD
SOYINK 2401 Highway 10• Mounds View, MN 551 1 2-1 499
recycled paper
CHARTER COMMISSION
PAGE TWO
MARCH 3, 1993
Subd. 3
This is done at the first work session of each quarter. However,
the Council receives written weekly updates from each department
throughout the year as well as are advised of events/activities/
issues/problems at each work session and/or Council meeting. If
the quarterly report was mandated in order to increase public
awareness of department actions, it is not the best avenue by
which to communicate such information. More information is
reported to more people in the City newsletter than a quarterly
report presentation before the City Council.
Section 6. 03 Subd. 1
The duties/responsibilities outlined in this subdivision are
delegated to the Deputy Clerk who also serves as the
Administrative Secretary. I supervise each activity and am
ultimately responsible for the consequences of the actions but do
not physically perform the duties.
Subds. 2 & 3
The responsibility for taking the minutes, preparing the minutes
and maintaining the official record of the minutes and ordinances
is delegated to the Deputy Clerk. She does the actual work, I
supervise and review the performance of the work.
Subd. 4
This is delegated to the Finance Director who delegates the
responsibility to the City's accountant. This responsibility,
while designated to the CA, is also designated as the
responsibility of the City Treasurer in Section 6. 04 - see
comments on that Section as well as the information from the
League of Minnesota Cities Handbook that I have attached.
Subd. 5
The first sentence of this subdivision does not belong in a
section describing duties.
The second sentence is redundant. These duties are already
clarified by the inclusion of the first sentence of Subdivision
1: "The duties of the Clerk-Administrator. . . shall include the
duties of the Clerk in a statutory city. " As a point of
clarification, I sign all official papers, supervise the
publication of notices and ordinances and am ultimately
responsible for completion/implementation.
CHARTER COMMISSION
PAGE THREE
MARCH 3 , 1993
Sentence 3 -money received in the City for all transactions are
made to the appropriate accounts as set forth in the City Budget.
I do not personally receive any direct funds. Receipt of monies
is delegated to the appropriate staff member and coded
immediately and directly to the appropriate fund through a
computerized accounting system.
The final part of this section needs clarification. There is
currently a deputy clerk who performs many of the clerical duties
of a "clerk" . She does not now nor will she in the future serve
as Deputy Clerk-Administrator in my absence. There is an
Assistant to the Clerk-Administrator who takes over in my
absence. However, he is not the Deputy Clerk. It is a semantics
problem, but one that does have ramifications if the Charter were
to be followed as written. At the very least a simple word change
from Deputy to Acting Clerk-Administrator would suffice.
Subds. 6 & 7
The duties/responsibilities outlined so specifically here are
"givens" in today's professional municipal organization.
Subds. 8 & 9
I am responsible for the preparation and presentation of the
budget, capital improvement plan and financial statement. It is a
collaborative effort of all department heads and myself and is
prepared only after the Council and staff have determine
policy/program/service and activity priorities, examined
legislative implications and external/internal financial
restrictions/restraints.
Subds. 10, 11 & 12
I perform the duties/responsibilities described in these
subdivisions. However, each responsibility outlined is considered
a "professional given" in accordance with professional ethics and
organizational management philosophy and practice. In cases where
it is not practiced, you will not see that person around for
long, in the position or in the profession.
Subd. 13
This is covered in previous sections as duties designated for a
clerk in a statutory city. For point of clarification, I am
responsible for the elections; however, much of the day-to-day
activities are delegated to the Deputy clerk.
CHARTER COMMISSION
PAGE FOUR
MARCH 3, 1993
Subd. 14
This is done as per the City's Personnel Policy and procedures
dictated by State and Federal law.
Subd. 15
The Council appoints all staff, but the Charter specifically
details cooperative working relations with the engineer and City
Attorney. What was the rationale here and is it relevant to
outline only specific interpersonal behaviors or any
interpersonal behaviors. I would think that any Administrator
would work cooperatively with all staff and consultants as a
matter of professional ethics and. Again, if that is not the
case, that person rarely lasts long in the position.
Subd. 16
Preparation of press releases are made by various staff members
depending on the subject matter. I direct and oversee the public
relations program, but do not perform the work myself.
Subds. 17, 18 & 19
Again, these actions are "givens" in today's professional
municipal operation.
Subd. 20.
Covered in Subdivision 9.
Subd. 21
A given.
Section 6. 04
The duties of a statutory treasurer are similar, if not the same,
to those that are detailed in Section 6. 03 , Subdivisions 4 & 5 -
the duties detailed for the Clerk-Administrator. Was the intent
that there be two "sets of books" - that the Clerk-Administrator
and the treasurer each keep a set of books?
City Administrative Staff
Chapter 7
This chapter explores the duties of various city ficer. Other positions most cities have are the-ad-
officials, the requirements for qualifying for of- ministrator, librarian, liquor store manager,
fice, and the problem of incompatible offices for recreation director, street superintendent,
elected and appointed officials. Topics are: engineer, and utilities superintendent. Small cities
often hire several people on a part-time basis, or
A. Appointed Officials and Employees one or two full-time people to perform many
B. Qualifying for Office duties. Sometimes they share services of an
C. Incompatible Offices employee with other small cities under the joint
D. How this Chapter Affects Home Rule powers act.
Charter Cities
While these positions are common to large and
A. Appointed Officials and • small cities alike, the actual duties of some
employees often depend on the size of a city and
Employees the complexity of its organizational structure. A
supervisory administrative official may or may not
Statutory city councils have complete freedom devote part of his time to direct participation in
to create whatever positions they find necessary in the functional activities of the department.For ex-
addition to those the statutes require. They may ample, police chiefs in smaller cities may spend a
assign duties to these officials as long as such ac- major portion of their time working in patrol cars,
tions promote the public welfare and are consistent devoting only a few hours per week to supervisory
with state law. This may also be true in a home activities.
rule city, depending on its charter provisions.
Non-elective officers and employees in cities fall Statutory Appointive Offices
into two groups.The city often hires officials such The statutes require cities to hire people to fill
as the attorney, health officer, auditor, architect, several positions.
and others as consultants. Their compensation is
frequtly on a retainer, a contract, or some other Assessor
fee basis. Other officials are full and part-time
employees to whom the city pays either a salary or
a wage. Some cities employ these officials on the Cities of the first class and cities with a popula-
tion of 30,000 or more, which are in counties not
basis of a merit system or under civil service.
having a countywide assessment system,must have
Non-Statutory Offices a city assessor. The assessor performs both the
duties of a local assessor and county assessor, ex-
Although the law does not require it, most cities cept that the county assessor retains supervisory
duties. 1
appoint an attorney, police chief, and health of-
Handbook for Minnesota Cities Page 125
City Administrative Staff
Although the city code authorizes the appoint- usually supervises the daily administration of city
ment of a city assessor,2 a later law required cities business, such as keeping records, writing letters,
with a population of less than 10,000 which and keeping accounts. Oftentimes the clerk sees
employed a city assessor after 1972 to notify the that city employees carry out council decisions.
. commissioner of revenue that they had a licensed The clerk has several statutory duties.
assessor. If the city did not give this notice, the
county assessor assumed the duties of the city as- Executive officer for the council.The clerk is the
sessor. 3 Since June 15, 1975 city assessors must executive officer for the statutory city council .
be licensed. 4 With the approval of the commis- Clerks perform this duty in many charter cities as
sioner of revenue,any city under 10,000 population well. In this capacity, the clerk does the following:
which does not now have a city assessor may
reinstate the office of city assessor by hiring a 1. Keeps records of all council proceedings,
licensed assessor. 5 including preparing minutes of council
meetings and maintaining the ordinance
The department of revenue has information on book;
the state certification program.
2. Handles all correspondence on behalf of
Clerk and Treasurer the council;
Plan A cities must appoint a clerk and a 3. Draws up agendas and prepares or super-
treasurer, or a clerk-treasurer. Because the vises the preparation of other working
treasurer's duties are, in most respects, the same papers the council uses at the meetings;
as the clerk's duties, many cities think the former and
office is unnecessary. The law authorizes integra-
tion of the offices into the single position of clerk- the clerk.In many cities,the clerk also does
treasurer. Cities under Optional Plan B have al- this for administrative boards such as the
ways been able to combine the position of utilities commission.
treasurer with that of any other city administrative
officer except the manager. Elections.The clerk handles most of the details
The city council, by ordinance, may delegate all involved in conducting city elections.
or part of the clerk's bookkeeping duties to an- Financial responsibilities. Except for those
other officer or employee. 6 The person respon- records the treasurer must keep, the clerk main-
sible for these duties must be bonded. If the city
makes the treasurer responsible for all bookkeep- tains all financial records.Where the city has com-
ing functions, the city must audit its financial bined the office of clerk and treasurer, the clerk
records. Copies of the ordinance delegating the performs all duties.In addition,the clerk must an-
•
bookkeeping functions must go to the state nually prepare three different financial reports.
auditor. (See Part VI.)
Civil Defense Director_-. .__ .,. .- _ If the council makes appropriations or allot-
ments under a budget, the clerk usually has the
duty of administering the budget.
All cities must have a civil defense director who
is responsible for all civil defense activities in the The city must make monthly payroll deductions
city in conformity with regulations of the division for the public employees' retirement association
of emers.ency services of the department of public and Social Security contributions from each
safety. TMany smaller cities have designated their employee and remit them and the employer's con-
fire chief as civil defense director. tributions to the appropriate state officer.A state-
Clerk
of the amount of these deductions, the
amount of salaries from which they came, and the
names of the employees for whom the city is
The clerk is a central figure in any city govern- making the payment must accompany the pay-
ment, with a wide variety of duties and respon- ments. The preparation of this statement is the
sibilities. Not only does the clerk execute many of duty of each department head in the city, but
the city's governmental functions, but he or she
Page 126 Handbook for Minnesota Cities
Chapter 7
where the city does not have separate department The clerk is entitled to receive a fee for prepar-
heads or where some city employees are not ing certified copies of official documents and for
directly accountable to any particular department filing and entering papers not related to city busi-
head, the clerk should make the deductions and ness. 15 The council may requiretheclerk to pay
file the necessary returns. such fees into the city treasury. 16
As the general city administrative officer in Certification. The clerk should certify and sign
charge of payroll, the clerk must also withhold the following documents,attesting to their validity:
state income taxes from the paychecks of all
employees. 1. Local approval of special laws pertaining
to the city. (See Chapter 6);
Executing official papers. The clerk must join
with the mayor in signing all legal papers on behalf 2. Indebtedness in proceedings regarding
of the city. changes in city boundaries;
Filing official documents. It is the duty of the 3. Special assessments to the county auditor;
clerk to accept and keep on file the following of-
ficial documents: 4. Plats of land within the city, after council
approval; 17
1. The oath and bond of each city official
(except the assessor); 8 5. All tax levy resolutions the council passes
(due on or before October 10 of each
2. Certificates of intention to control a year); 18
warehouse for the storage and sale of
packing house products; 9 6. Change of regular city election date, and
notify the secretary of state and the county
3. Claims against the city; auditor immediately; i9
4. Clerk's financial statement and treasurer's 7. Use of voting machines, certification must
statement; i0 go to the secretary of state within 30 days
of adoption; and z0
5. Any state auditor's reports on city affairs
which the clerk may receive; 11 8. Precinct boundary changes. When a city
changes a precinct boundary, the clerk
6. Proclamations stating that rabies exist in must file a map showing the new boundary
the city, and seeing that such a proclama- with the secretary of state and the state
tion is published-in a legal newspaper or, demographer and must post it in the
if there is no legal newspaper in the city, clerk's office at least 30 days before the
posting a copy in three public places; 12 change becomes effective.
7. Tax settlement receipts from the county Fire and police department statements. 21 On
treasurer; and 13 or before June 1 each year, the clerk of each city
that has an organized fire department and an in-
8. Receipts which court officers obtain from corporated relief association or a special fire
the treasurer for payment of fines into the department fund must certify that fact to the
treasury. 14 county auditor and the commissioner of insurance.
(In the case of a non-profit firefighting corpora-
The clerk, even though no longer the local tion, the secretary must file the certificate.) If the
registrar of vital statistics,should keep the records insurance commissioner does not receive the cer-
the city accumulated during the years when the tificate within the prescribed time, the city or non-
clerk did perform this duty. The clerk should profit firefighting corporation forfeits its rights to
answer inquiries concerning the records, but benefits for the year.
beyond this the clerk has no further duties in this
regard. The same information is due by June 1 with
respect to the police department relief association
Handbook for Minnesota Cities Page 127
•
City Administrative Staff
or special fund to qualify for special police depart- the position. 27 Besides approving the appoint-
ment aid. ment, the council should provide for payment of
the deputy's salary from city funds.
Other duties. In addition to the above duties,
the clerk must: If the city doesn't have a deputy clerk and the
regular clerk is absent from the city or is disabled,
1. Take and certify acknowledgments and the council may, on its own authority, appoint a
administer oaths; 22 deputy clerk who serves only during the absence
or disability of the regular clerk. 28
2. Issue licenses and enforce countywide dog
regulations, in counties that have these A deputy may perform all duties of the clerk,
regulations; 23 except for that of a Standard Plan clerk serving as
a council member. While state law does not re-
3. Receive notice and inform the council of quire bonding the deputy, it is advisable when the
convictions for liquor violations involving position requires handling money. The clerk is
people holding liquor licenses in the city; responsible for all official actions of the deputy.
and 24
Treasurer c.,?1-e-c (e C3
4. Prepare and present to county officials,
when the city is vacating streets, alleys, or The treasurer mud receive and safely keep all
other public ground, a notice stating that city money, including liquor store funds. 29 This
the city has met all necessary requirements means that he or she must enter promptly all
for taking such action. 25 receipts in an account book, showing-the date,
source, kind, and amount of each payment; and
Elected Clerks deposit all money immediately in the city's official
depository. To pay out city funds, the treasurer
In most Plan A cities the position of clerk has must in writing draw up an order, the council must
become a full-time job. In Standard Plan cities audit and allow it, and the mayor and clerk must
where the clerk is an elected, voting member of sign it. (See Part VI.)
the city council, a different situation occurs.
The treasurer must have the books and records
In many Standard Plan cities, the clerk no longer available for inspection at any time.After the close
spends a large amount of time performing duties of each calendar year, the treasurer must prepare
of a clerk. Instead, the elected clerk has become and file with the clerk a detailed account of that
more like a regular council member who super- year's receipts and disbursements.
vises a deputy clerk,a city employee who performs
the day-to-day operations of the clerk's office. When the treasurer leaves office,he or she must
deliver all city papers, books, and money to the
The elected clerk, in this situation, is usually successor as soon as the new treasurer qualifies
fully employed in another job in the private sector for office and begins the term. An outgoing
and performs the clerk's statutory and supervisory treasurer should completely close the books before
duties on a limited, part-time basis. Some Stan- passing them on.
dard Plan cities even hire an administrator to work
under the supervision of the entire council. This In addition to these duties, the treasurer must:
person performs many duties the clerk normally
does. 1. In certain instances, designate a bank as
the official depository for city funds if the
Deputy Clerk council fails to take action; 3U
The statutes allow the position of deputy clerk 2. Receive fees, fines,and other payments due
in any statutory city. Only the clerk, with the con- to the city and give out receipts for them;
sent of the council, may appoint and remove the and 31
deputy. 26 The attorney general has interpreted
"with the consent of the city council" to mean that 3. Handle investment and sinking funds ac-
the council must approve the clerk's nominee for cording to council instructions. 32
Page 128 Handbook for Minnesota Cities
Chapter 7
With the written approval of the council, the direct the work load, report to the council and the
treasuer may destroy certain financial records. 33 general public, and prepare and execute the
(See Part VII.) budget.
Deputy Treasurer Manager
- The provisions authorizing appointment and Plan B cities and most charter cities have a city
removal of a deputy treasurer are the same as manager. The functions of governing the city are
those for a deputy clerk except that the treasurer clearly divided in city manager cities. The
makes the appointment and is responsible for the manager performs all of the administrative duties
deputy's actions. 34 Since the deputy may handle (such as hiring employees, enforcing city or-
money, the council should require a deputy dinances,and budget preparation),while the coun-
treasurer to file an official bond. cil makes all policy and legislative decisions.
Administrator B. Qualifying for Office
Standard Plan and Plan A city councils may, by "Qualifying for office" means that an elected or
ordinance, establish a position much like that of appointed official takes the official oath and files
city manager in Plan B cities. The city may assign a bond if necessary for the position. It is not the
coordinating duties of the city administrator to the same as "qualifications for office" which refers to
city clerk, deputy clerk, or a special administrative an individual's abilities and charateristics.
officer. The duties must be ministerial . The
courts will not permit the delegation of legislative The act of qualifying for office should take place
discretion. The duties which the council may within the statutorily prescribed time limit.
delegate are the supervision of workers, account- Failure to do so creates, upon declaration of the
ing, preparation of reports, factual determination, council, a vacancy in the office for which the offi-
and execution of council policies. The ad- cial should qualify.
ministrator may not hire and fire employees nor
make purchases and let contracts unless the coun- Oath of Office
cil sets standards governing this action. 35
Whether or not officials need a bond, they must
Some problems arise when the duties of this take and sign an oath of office before exercising
position are not clear. The city should have a any of their powers or duties. This includes mem-
detailed job description for this position. 36 bers of councils, boards, commissions, and ad-
ministrative officers.38 This applies to appointive
A new concept in city administration involves as well as elected officials. The oath is as follows:
the "circuit riding" administrator. Several small
cities may agree to share the benefits of a profes- "I(name) do solemnly swear to support the Con-
sional administrator by sharing the financial bur- stitution of the United States, the Constitution of
den as well as the time of the administrator. 37 the State of Minnesota, and to discharge faithfully
the duties of the office of (insert brief description
Except in Plan B and charter cities, department of office) of the City of Minne-
managers are directly responsible to the council . sota, to the best of my judgment and ability, so help
While they may make decisions of a daily, routine me God."
nature, all questions of major policy must go to
the council. If the officer objects to an oath on religious
grounds, the word "affirm" can substitute for the
In Plan B cities, however, the department head word "swear" and the phrase "and this I do under
is directly responsible to the city manager, and as the penalties of perjury" for the phrase "so help
a result, must make the reports, submit the budget, me God." Such an affirmation has the same legal
and be directly subordinate to the manager. effect as an oath. 39
In fulfilling their supervisory functions, ad- Any person with authority to take and certify
ministrative officials should oversee long and acknowledgments may administer the oath. There-
,_ short-term departmental planning, organize and fore,the city clerk, a justice of the peace, a notary
1 Handbook for Minnesota Cities Page 129
MEMORANDUM
TO: Samantha Orduno, Clerk - Administrator
FROM: Don Brager, Finance Director - Treasurer
DATE: March 3 , 1993
SUBJECT: Comments on Chapters 7 & 8 of the City Charter
CHAPTER 7
Section 7 . 04 Submission of Budget
Subd. 2 Suggest a rewrite for clarity and correct
terminology. "An annual budget shall be
prepared for each utility operated by the
City. Each budget shall include
estimated revenues, expenses, and net
income or net loss. "
Section 7.05 Long Term Financial Plan
Subd. 5 I believe that this subdivision should be
included in Subd. 3 Capital Improvement
Plan. A capital budget is part of a
capital improvement plan.
Section 7 .06 Council Action on Budget
Subd. 1 The State's Truth In Taxation Law
prescribes notices to taxpayers of the
City's budget hearing and the time frame
in which the budget hearing should be
held. Perhaps a phrase such as " . . . or
as provided for by State Statute" .
CONTINUED NEXT PAGE
CHAPTER 8
Section 8. 04 Procedure
Subd. 2 This states that if a proposed public
improvement project is to be paid for by
less than 100% special assessments a
majority of voters who voted for Mayor in
the last regular municipal election may
petition against either the improvement
or the assessment formula or both. I
assume that the thought here was that
property taxes might be used, along with
assessments, to pay for the improvement.
As a consequence the general public may
have a say in the project through the
petition process. The property tax is
not the only source of financing for
public improvement projects. Other
sources include,but are not limited to:
Municipal State Aid(MSA) Construction
Allotments, monies which may be left in
another public improvement project after
the improvement has been completed,
monies which may be left in a bond fund
after all the bonds have been paid, and
storm water management fees. Should the
voters have the right of petition if non
property tax dollars are used?
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12 . 01 Official Publication. The council • ral must
annually designate a at least one legal newspaper of general
circulation in the city as its official newspaper in which shallbe
published city officials must publish ordinances and other matters •
required by law ;and this charter` to be so published which this
charter and othfer law require to be so published, as well as such
other matters as the council may::iii4t.g.!areelit4t4.iii chooses , considering
the public interest, to publish in this manner.
Section 12 . 02 Oath of Office. Every officer of the city
shall must, before entering upon undertaking the duties of this/her
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, sYalI may voluntarily have a personal
financial interest in or personally financially benefit from such
contract. ar personally benefit financially therefrom
Section 12 . 04 Official Bonds. The clerk-administrator, the
city treasurer, and such any other officers or employees of the
city as my be provided for by- ordnance as ordinance may require,
must each, before entering upo undertaking the duties of his/her
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 his/her
official duties . This corporate surety bond may be `in the form o"f
either individual: or blanket; bands at _the discretion of the
council The council maw prescribe the formof such bonds as
either individual or blanket bonds . They .shall be approved by t, e
council, and :approved as to form by the `City Attorney, a filed with
the clerk Adrinis:trator The premiums on the bonds shall be paid.
by tie city. The pre iums an: the bonds: shall be paid by the city
The council must approve such bonds, the city attornev'must approve
the form of such bonds , and the city must Day the premiums and keen
such bonds on file.
Section 12 . 05 Sales of Real Property. No real property cif
the Cit _..
y :;shall be__ d� sposed of excepty ordinaikce The city mai/
only dispose of real property by ordinance. The City must use, as
far as possible, the proceeds of any sale of such property shal 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
Mounds View City Charter Commission
o
Pr posed
Charter Review Process
I . The Larger Picture ( Step 1)
A. review each section of the charter for concept
and/or goal agreement
(It is important to first have agreement on
what we want to accomplish. Once agreement is
made then we can have attorneys draft the necessary
language. We can nitpik at the language at a later •
time. )
B. identify and set aside those areas where agreement
is not reached for a later discussion in the
process
C. discussion and concensus - areas identified earlier
in B.
II. Related parts to the larger picture (Step 2)
A. review Council 's and Kennedy's discussion relative
to the charter as a whole.
1 . first time through - adopt those where there is
concensus on the concept
2. go back to those areas where further discussion
is necessary to reach agreement
3. reach agreement on concepts or goals of all sections
4. agreement in the end is by majority rule
III . Review proposed language of attorney (Step 3)
A. reach agreement on semantics
Meetings
The second and fourth Tuesday of each month until work is
completed.
Dates:
January 26
February 9, 23
March 9, 23
April 13, 27
Time:
7 - 10 p.m.
HOLMES & GRAVEN
CHARTERED
Attorneys at Lime
M.LEFEYRL JR.
470 Pillsbury Center,Minneapolis,Minnesota 55402 ROBERT 1.-BALL
BERT A.ALSOP (612)337-9300 LAURA K.MOLLET
NALD H.BATTY BARBARA L.PORTWOOD
STEPHEN J.BUBUL Facsimile(612)337-9310 JAMES M.STROMMEN
JOHN B DEAN JAMES J.THOMSON,JR.
MARY G.DOBBC(S LARRY M.WERTHEIM
STEFANIE N.GALEY BONNIE L W1LSL'7S
CORRINE A.HEINE GARY P.WINTER
JAMES S.HOLMES WRITER'S DIRECT DIAL DAVID L GRAvty(1929.1991)
DAVID J.KENNEDY
OF COUNSEL
JOHN R.CARSON
WELLINGTON H.LAW ROBERT C.CARLSON
CHARLES L.LEFEVERE ROBERT L.DAVIDSON
MEMORANDUM
TO: Members of the Mounds View Charter Commission
FROM: David J. Kennedy, Commission attorneyIC)
DATE: November 4, 1992
RE: Discussion Draft -of Possible Charter Amendments
Attached is a discussion draft containing a number of possible
amendments to the charter together with comments on each proposed
change.
Many, but not all , of the points raised in Ms . Orduno ' s memorandum
of July 30 are addressed in one way or another in the draft.
One way of proceeding to consider these changes (a method I have
found useful with other commissions) is to take them up one by one
and make a preliminary decision about the desirability of each.
Those that survive this first cut can then be revisited for a
closer look at the language and a final recommendation.
If the Commission finds the approach taken in this draft useful, it
might consider authorizing me to proceed to review the entire
charter in this way. There is something to be said for cleaning up
the entire charter once you 've started. On the other hand, there
are some constraints on your time and resources that may make that
impossible . At this point, however, I think that kind of revision
could be done within the budget set up by the City Council for this
work.
Finally, some of the comments refer to legal principles and
authorities that I have not described fully. I hope that
Commission members will feel free to ask me to elaborate on any
point about which they are unclear.
Attachment
D43820
MU125-16
charters and there seems to be a good policy argument
for retaining it. The phrase "members present" is added
to remove any argument that all five council members
must act on waiving the reading.
'These two sentences are copied from the state
constitution but serve no useful purpose in the
municipal context, and actually can raise more questions
than they answer.
5Language rearranged for purposes of clarity
III. Procedure on Resolutions.
Section 3.08. Procedure on Resolutions. Every A resolution shell must be
presented in writing and read in full before adoption unless the reading is dispensed
with by unanimous consent of the Council members present.6
6See footnote 3 to Section 3.05.
IV. Revision and Codification of Ordinances.
Section 3.11. Review and Revision of Ordinances and Indexing of Recolutionc.
Subdivision 1. The City Council chall may review, rcvice-and roarrango codify and
recodifv itc ordinances code the ordinances of the city and i'tc rccolution index with
every two ycarc pursuant to this section and law.' The ordinance code and tho
rccolution index may be published prepared8 in book, pamphlet, or looseleaf form.
and copies of the Code chall must be made available by the Ceuncl at the office of the
clerk-administrator for general distribution to the public free or9 for a reasonable
charge. Incorporation in Exch a code chall be Preparation of the code is sufficient
publication of any an ordinance provision not previously published if a notice is
placed published in the official newspaper for at least two succcc ivc weeko10 statim
that copies of the codification code are available at the office of the clerk-
administrator.
lerk-administrator.
7The present charter section mandates indexing of
resolutions and recodification of that index and the
city ordinances at least once every two years. Record
113743658 2M1T125-16
and places of holding cuch the election. Failure to give skiekk the notice required by
this section shall does not invalidate suekk the election.15
12This provision for advisory elections, is probably
unique in Minnesota (thestatutorycity code permits it
only on the question of joining a special district with
taxing powers, but that authority has rarely, if ever,
been used) . The draft deletes this language, and the
commission should consider carefully reinserting it for
the following reasons:
(i) what questions may be the subject of advisory
elections? As written, anything may be
submitted;
(ii) an irresponsible City Council could simply turn
every tough decision over to the voters;
(iii) if the election is advisory only the council need
not follow the results, making a lot of voters
unhappy to say the least;
(iv) under Minnesota Statutes, Section 205.16, 20% of
the voters can force a special election and
having the ability to force an advisory election
ona controversial subject could be a source of
mischief on the part of either proponents or
opponents;
(v) a well-conducted survey will probably provide
better results at a lower cost.
13This formulation makes it clear that only one notice,
fifteen days prior, need be given.
14No time limit is stated. Should it be two weeks, one
week, ten days? See Note 15.
151Minnesota Statutes, Section 205.16, has detailed
notice provisions more useful than those stated here.
The city probably follows the statute. A simple
reference to state law would probably be better here.
VII. Council Action on Budget -
Section 7.06. Council Action on Budget. Subdivision 1. The budget
and at subccepacEtt meetilags u#41 a beset is adopted for the encuing year.16 The
council must, by a budget resolution, adopt the budget at the time required by law.
The budget is the principal item of business at regular council meetings at the time
required by law and at subsequent meetings until the budget is adopted) Tho
mectingc &hall be-oe cendueted t be conducted in a manner to give interested
11.71C43658 4
MU125-16
• iBGiving the option of publication in the newsletter of
the official newspaper would give the city Council some
flexibility.
19The commission may want to consider removing this
subdivision altogether. The truth in taxation law
requires detailed information to be sent to the owner of
each taxable parcel of property and the city's budget
process extends from September to late December with
mandatory public hear'.-igs after detailed published
notice. It seems questionable that a summary budget
would add much to the information available to the truly
interested taxpayer.
VIII. City Indebtedness
`Section 7.10. Subdivision 2. • - -- ••_ = - - - = - = _ •= ==--= •- - - -
20
20The City Council has requested removal of this
subdivision because of the difficulty of scheduling
newsletter publication. Other reasons are:
(i) If the bond issue has been approved by the
voters, there is no reason to inform them again.
(ii) If the bond issue is for a special assessment
project, everyone affected has been fully
notified.
(iii) If the bond issue is supported only by revenues,
not taxes, there seems to be no reason for
publication of intent to issue.
(iv) If the bond issue is supported by tax increment,
numerous public hearings will have preceded the
issuance.
Section 7.12. Emergency Debt Certificates.21
21This section duplicates state law, Minnesota Statutes,
Section 475.754 and should be deleted.
IX. Public Improvements and Special Assessments
Section 8.02. Effective Charter Provisions. Local improvemen4s (the
term "local improvement's hall mean means a public improvement financed partly or
p
wholly from special assessments against benefitted proper v may be carried out
exclusively under the provisions of this chIpter or state law.22
DJS43658 • 6
MU125-16
JJ and (ii) require ordinances. except ordinance appropriating money or authorizing
the levy of taxes, enacted by the Council to be referred to the voters of the city for
aDDroval. These Dowers are the initiative and referendum. resDectively.26
Section 5.08. Recall.25
24The present Section 5.01 is overbroad and almost
certainly invalid in extending initiative and referendum
(IR) to resolutions and "measures." The courts have
held that IR applies only to legislative matters and
does not extend to administrative matters. Legislative
matters are embodied in ordinances that, in effect,
establish law, proscribe certain conduct and impose
penalties for violation. All other City Council actions
are administrative in nature (e.g. , setting employee
salaries, approving subdivisions, granting permits and
licenses, etc. ) . The suggested language makes it clear
that only ordinances are subject to IR and goes further
to except any ordinance levying taxes or apportioning
money. These exceptions are almost universally
contained in IR charter provisions and are sound from a
policy point of view since the financial management of
the city and its need to meet its financial obligations
in an orderly fashion should not be continually subject
to voter review.
25The recall has also been stricken. The Minnesota
Supreme Court has removed the usefulness of that device
by holding that recall is only available in the case of
malfeasance or nonfeasance in office. Thus, the recall
is not available for its intended purpose of making an
incumbent stand for re-election because of voter
displeasure with the incumbent's performance.
r
DJX43658
MJ125-16 8
10/30/92 10:25 HOLMES & GRAVEN NO.002 001 ^"
HOLMES & GRAVEN, CHARTERED
470 PILLSBURY CENTER
MINNEAPOLIS, MN 55402
(612) 337-9300
FAX # (812) 337-9310
Date: October 29, 1992 Our File No.: MU125-18
TO: Samantha Orduno
FAX #: 784-3482
FROM: David Kennedy
Direct Dial #: (612) 337-9232
COMMENTS:
Number of pages including cover sheet: 11
If a problem arises, call Service Center at (612) 337-9300
NOTICE OF CONFIDENTIAL INFORMATION:
This fax contains confidential information which is legally privileged. The
information is for the sole use of the intended recipient(8) listed above. Distribution
or disclosure to any individuals not so listed is strictly prohibited.
10/30/92 10:26 HOLMES & GRAVEN NO.002 002
HOLMES & GRAVEN
CHARTERED
Jos&M.Lawn..]t
Ammo It Lw 470 Mbar!Omar,plisesepulb„Mloaaota SS402 Do0ttT J.LDIDALL
ROaIIT A AIX* (412)22?-9704 LAMA K.MOLLZT
R0MW H.BATiT BAZUSA L Powwow
MewJ.DUNK Um=
(S12)3374310 JAMS M.Summar
JAm=J.?mom a
pasII DSA>t LAt1Y M.WUTU
MAR LM
MART G. N.GAM
Bolont L WILSON
raw=N. GARY P.WIlTta
CommA.®'t R'!!DIRECT DIALLu o S..HoUDD WRITEDAvut L GLtVIN(1I04.144
pool 337-9232 of oat061E1.
JOON L LalitMN ROUST G.CARLSON
wIzADNFI°x L1�v'als f o
CHASM VIA RAPIFAX AND MAIL ROM?L DAVIDSON
4 !a
October 29, 1992
Samantha Orduno
City Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1499
Dear Samantha:
Enclosed find the charter commission material we spoke about. If
you have any comments, let me know. If not, I 'll assume you' ll
mail them with the notice of the commission meeting on November 12.
You truly,
at/
Dav • . Kennedy
DJK:jes
Enclosures
cc: Jim Thomson (w/enclosures)
B31i43018
10712516
10/30/92 10:26 HOLMES & GRAVEN NO.002 003
HOLMES & GRAVEN
CHARTERED
Attariwys at Ln JOWl M.L ME,31.
470 Pillsbury Conga,Mbassepolis.Mamma 5S103 ROMEET J.LJNDALL
MoulT A.ALE* (612)337. 300 LURA E.Moral'
RoXALD H.8AT1Y SAIDADA L POt1w00D
STORM J.BOWL Fhalodb(in)337.1310 lugs 14,MONISM
Joint B.DR i JAMB J.TRO1oOR,31.
MARY G.DOOM, Loma M.WWTi=
OHM=N.HALEY Roma L WILEMS
COUVl1 A.=Di GARY P.W!wrfl
JAMS S HOLUM WRITER'S DIRECT DIAL DAViO L.G Avz31(ii.Wlwu
DAVID J.EIDIrawt or COMM.
Jowl R.GUM ROUST C.CAMAON
wwylaros Li.LAW MUT L DAVIDSON
MOLD L.Laav*Z
MEMORANDUM
TO: Members of the Mounds View Charter Commission
FROM: David J, Kennedy, Commission attorney
DATE: November 4, 1992
RE: Discussion Draft of Possible Charter Amendments
Attached is a discussion draft containing a number of possible
amendments to the charter together with comments on each proposed
change.
Many, but not all, of the points raised in Ms. Orduno's memorandum
of July 30 are addressed in one way or another in the draft.
One way of proceeding to consider these changes (a method I have
found useful with other commissions) is to take them up one by one
and make a preliminary decision about the desirability of each.
Those that survive this first cut can then be revisited for a
closer look at the language and a final recommendation.
If the Commission finds the approach taken in this draft useful, it
might consider authorizing me to proceed to review the entire
charter in this way. There is something to be said for cleaning up
the entire charter once you've started. On the other hand, there
are some constraints on your time and resources that may make that
impossible. At this point, however, I think that kind of revision
could be done within the budget set up by the City Council for this
work.
Finally, some of the comments refer to legal principles and
authorities that I have not described fully. I hope that
Commission members will feel free to ask me to elaborate on any
point about which they are unclear.
Attachment
DJR43020
101125-16
10/30/92 10:27 HOLMES & GRAVEN NO.002 004
DJR 11/4/92
Discussion Draft
Proposed Amendments to
The Mounds View City Charter
I. Administrative Functions of the Mayor.
Section 2.08. Subdivision 1. The Mayor s rosl to presides at meetings
of the Council .1 The Mayor
so is head of city government for GE ceremonial purposes, 4r-the-emarts for the
purpose of serving the service of civil process, and for
purposes of martial yaw_ The Mayor has no
other administrative duties except as a member of the council.2
1The Mayor is a member of the council by virtue of
Section 2.03.
2This change, recommended by the City Council,
recognises that the Mayor has those administrative
duties common to the Council as a whole.
II. Procedure on Ordinances.
Section 3.05. Procedure on Ordinances. Every A proposed ordinance eikall
must be presented in writing and read in full before adoption unless the reading is
dispensed with by unanimous consent of the Council members present.3 Ne
4 The enacting clause ehel a of an ordinance is "The City of
Mounds View ordains:". Ne An ordinance syr may not be adopted at the meeting
at which 44 the ordinance is introduced, and at least fourteen days syr must elapse
between ke► introduction of the ordinance and its final adoption. An emer nc
ordinance is adopted as provided in Section 3.06.S
3The City Council has recommended that the unanimous
vote requirement be reduced to a majority, but the
existing language is almost universally embodied in city
wI436$e 1
xJ123-16
10/30/92 10:27 HOLMES & GRAVEN NO.002 005
charters and there seems to be a good policy argument
for retaining it. The phrase "members present" is added
to remove any argument that all five council members
must act on waiving the reading.
4These two sentences are copied from the state
constitution but serve no useful purpose in the
municipal context, and actually can raise more questions
than they answer,
5Language rearranged for purposes of clarity
III. Procedure on Resolutions.
Section 3.08. Procedure on Resolutions. Every A resolution ebb must be
presented in writing and read in full before adoption unless the reading is dispensed
with by unanimous consent of the Council members present.°
6See footnote 3 to Section 3.05.
IV. Revision and Codification of Ordinances.
Section 3.11. Review and Revision of Ordinances .
Subdivision 1. The City Council sham codify and
recodify the ordinances of the city
e s pursuant to this section and law.' The ordinance code end-the
may be published prepared° in book, pamphlet, or looseleaf form.
c opies of the Code shah must be made available by io Cousei#at the office of the
clerk-administrator for general distribution to the publi?'free or° for a reasonable
charge. Preparation of the code is sufficient
publication of any an ordinance provision not previously published if a notice is
plowed published in the official newspaper 1°stating
that copies of the eeditieetrien code are available at the office of the clerk-
administrator.
'The present charter section mandates indexing of
resolutions and recodification of that index and the
city ordinances at least once every two years. Record
awes• 2
1m125.16
10/30/92 10:26 HOLMES & GRAVEN NO.002 006
keeping of resolutions would seem to be a duty of the
clerk-administrator under Chapter 6 and a proper index
would seem to be a minimal requirement. It is difficult
to see how a collection of resolutions could be altered
or revised in any way. In any event, a charter
direction to do so seems superfluous.
$Ordinance codes are not published in the usual sense of
being put in the official paper. The term "prepared"
seems more descriptive of the process. The City Council
has recommended insertion of the mandatory two-year rule
although it is already present. It is deleted in this
draft because (i) there is no real way to enforce it,
and (ii) there exist drafting techniques that insure
that the ordinance code is kept continuously updated
just as are state statutes.
'The Council may decide to make the code available
without charge. The present section requires a charge.
30ive publications seems unnecessary.
V. Filing for City Office.
Section 4.02. Filing for Office.
•
An eligible voter of the city may file for
election in the meaner prescribed by law,11
11TY,e matter of filing for municipal office is governed
completely by Minnesota Statutes, Section 205.13.
VI. Special Elections.
Section 4.04. Special ani-Advisory Elections . The
Council shell my by resolution order a special election 32 and
provide ell the means for holding it the election. At least fifteen days days'33 prior
notice ell must be given by the clerk-administrator by posting of a notice through
the oleetlon at least one public place in each election precinct and by publishing" a
notice tough of the election in the official newspaper ec-tcity stating the time
DJ5u365a 3
1m1Z5-is
10/30/92 10:28 HOLMES a GRAVEN NO.002 007
and places of holding eiteh the election. Failure to give eueh the notice required by
this section shall does not invalidate seek the election.ls
12This provision for advisory elections is probably
unique in Minnesota (the statutory city code permits it
only on the question of joining a special district with
taxing powers, but that authority has rarely, if ever,
been used). The draft deletes this language, and the
commission should consider carefully reinserting it for
the following reasons:
(i) what questions may be the subject of advisory
elections? As written, anything may be
submitted;
(ii) an irresponsible City Council could simply turn
every tough decision over to the voters;
(iii) if the election is advisory only the council need
not follow the results, making a lot of voters
unhappy to say the least;
(iv) under Minnesota Statutes, Section 205.16, 20% of
the voters can force a special election and
having the ability to force an advisory election
on a controversial subject could be a source of
mischief on the part of either proponents or
opponents;
(v) a well-conducted survey will probably provide
better results at a lower cost.
13Thia formulation makes it clear that only one notice,
fifteen days prior, need be given.
14Ne time limit is stated. Should it be two weeks, one
week, ten days? See Note 15.
"Minnesota Statutes, Section 205.16, has detailed
notice provisions more useful than those stated here.
The city probably follows the statute. A simple
reference to state law would probably be better here.
VII. Council Action on Budget
Section 7.06. Council Action on Budget. Subdivision 1. T-100-40a4get
• - - - - _ _ - _ _ = __ . 16 The
council must b a bud- =t resolution ado.t the bud: =t at the time re•uired b law.
The budget is the principal item of business at regular council meetings at the time
required bvw and at subsequent meetings until the budget is adopted. The
to give interested
D3143636 4
141123-.16
, 10/30/92 10:29 HOLMES & GRAVEN NO.002 008
citizens a reasonable opportunity to be heard, The council may revise the budget
but se an amendment to the budget shalt may not increase the authorized
expenditures to an amount greater than the estimated ieaeeme revenues. ho oouneii
The budget resolution must show the total
for each budgeted fund and each department with such segregation as to objects and
purposes of expenditures as the council deems necessary for purposes of budget
control. The council elm must also adopt a resolution levying the amount of taxes
necessary to provide the revenues for the budgeted expenditures in the next
ensuing fiscal year. The clerk-administrator shall must
certify the tax resolution to the county auditor in accordance with state law.
The sums fixed in the budget resolution are appropriated for the purposes identified
in the budget resolution,
Subd. 2. • - = = __ - - _ - _ - _ - - = _fieeel-yeer" Prior to adoption of the budget a summary
of the budget must be published in the city newsletter or
the official newspaper.1e Such The summary must be in language
and form designed to be readily understood by the lensereee tax payers,and-aberla
The summary must provide appropriate supporting information as to the necessity
for any increase in the total budget on the total for the current fiscal year. bet
Failure to publish the summary will not invalidate the
budget.19
16The timing of the adoption of the budget and the
public hearing requirements are completely controlled by
state law. Minnesota Statutes, Section 275.065, the
"Truth in Taxation" law.
17The city Council has requested the removal of the two-
weekrior publication of the summary because of
scheduling difficulties in publishing the newsletter.
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1Giving the option of publication in the newsletter of
the official newspaper would give the City Council some
flexibility.
19The commission may want to consider removing this
subdivision altogether. The truth in taxation law
requires detailed information to be sent to the owner of
each taxable parcel of property and the city's budget
process extends from September to late December with
mandatory public hearings after detailed published
notice. it seems questionable that a summary budget
would add much to the information available to the truly
interested taxpayer.
VIII. My Indebtedness
Section 7.10. Subdivision 2.
30
20The City Council has requested removal of this
subdivision because of the difficulty of scheduling
newsletter publication. Other reasons are:
(i) If the bond issue has been approved by the
voters, there is no reason to inform them again.
(ii) If the bond issue is for a special assessment
project, everyone affected has been fully
notified.
(iii) If the bond issue is supported only by revenues,
not taxes, there seems to be no reason for
publication of intent to issue.
(iv) If the bond issue is supported by tax increment,
numerous public hearings will have preceded the
issuance.
Section 7.12. Emergency Debt Certifirates.31
31This section duplicates state law, Minnesota Statutes,
Section 475.754 and should be deleted.
IX. Public Improvements and Special Assessments
Section 8.02. Effective Charter Provisions. Local Improvements (the
term "local improvement" -mean means a public improvement financed partly or
wholly from special assessments against benefitted property shell may be carried out
eselee#vely under the provisions of this chapter or state law.22
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22This amendment would give the council the option of
using Chapter 8 or the procedures under Minnesota
Statutes, Chapter 429. The chapter 429 procedure is
almost universally used in Minnesota cities, has been
validated by extensive litigation, and is well
understood by the legal and financial communities. On
the other hand, the procedures under Chapter 8 are, in
the judgment of the writer, ambiguous and contradictory
and will, at some time in the future, cause the city
difficulty in (or make impossible) financing of
assessable public improvements.
X. City Newsletter
Section12.13. - _ _ _ = - = _ - - = - • -
The City Council must publish and circulate a newsletter at the
times and oontainin- the information that the council deems necessa to full inform
the residents of the city of significant city activities.a3
2=The commission discussed this matter at length at its
September 23 meeting. There seemed to be general
consensus that a newsletter publication should be
required by charter, but no agreement on what it should
contain, how often it should be published, or what form
it should take. This amendment merely requires
publication but leaves the details to the council and
city staff. This, it can be argued, is what a charter
should do, that is, set policy and leave the details to
the elected and appointed officials/ If they don't
carry out the policy, the voters have a clear remedy at
the polls. If this amendment is adopted, all references
to the newsletter elsewhere in the charter would be
deleted.
XI. Initiative. Referendum and Recall,
Section 5.01. Powers Reserved by the People.
The people of the city reserve to
themselves the power, in accordance with this charter to (i) initiate and adopt
ordinances, except ordinances appropriating money or authorizing the levy of taxes,
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r -
and (i ) require ordinances, except ordinance appropriating money or authorizing
the levy of taxes, enacted by the Council to be referred to the voters of the city for
a• •royal. These •owers are the initiative and referendum res•ectivel .24
Section 5.08. Recall."
24The present Section 5.Cl is overbroad and almost
certainly invalid in extending initiative and referendum
(IR) to resolutions and "measures." The courts have
held that IR applies only to legislative matters and
does not extend to administrative matters. Legislative
matters are embodied in ordinances that, in effect,
establish law, proscribe certain conduct and impose
penalties for violation. All other City Council actions
are administrative in nature (e.g., setting employee
salaries, approving subdivisions, granting permits and
licenses, etc.) . The suggested language makes it clear
that onlyordinances are subject to IR and goes further
to except any ordinance levying taxes or apportioning
money. These exceptions are almost universally
contained in IR charter provisions and are sound from a
policy point of view since the financial management of
the city and its need to meet its financial obligations
in an orderly fashion should not be continually subject
to voter review.
i3The recall has also been stricken. The Xinnesota
Supreme Court has removed the usefulness of that device
by holding that recall is only available in the case of
malfeasance or nonfeasance in office. Thus, the recall
is not available for its intended purpose of making an
incumbent stand for re-election because of voter
displeasure with the incumbent's performance.
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