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HomeMy WebLinkAbout06-22-1993 MOUNDS VIEW CHARTER COMMISSION MINUTES JUNE 22 , 1993 I . CALL TO ORDER Chairman Burgers called the meeting to order at 7 : 05 pm in the Council Chambers of Mounds View City Hall . II . ROLL CALL Present : Len Burgers , Lloyd Bardwell , Virgil Beyer, Jerry Linke, Richard Oman, Pat Rickaby, Laurie Schley, Arlene Werdien, Ruth White, Ray Vandeveer, Duane McCarty, Bob Toborg. Excused Absences : Julie Trude, Dave Long, Sue Hankner. III . APPROVAL OF MINUTES MOTION: Jerry Linke, SECOND: Duane McCarty, SUBJECT: to approve the minutes of June 8 as submitted. MOTION CARRIED with 1 abstention. IV. NEW BUSINESS TERM LIMITS The subject of Term Limits was discussed at length, with some review of ground covered during the June 8 meeting. A majority of the commission feels that the subject of term limits should be put to the voters for their approval or disapproval as part of the charter. The possibility of raising the question during the upcoming city FOCUS meeting was discussed, but the nature of that meeting will be to raise questions put forth by the citizens , and for the commission to raise these questions at that time would be subverting the true purpose of the FOCUS groups . Another possibility was discussed, regarding sending a letter attached to the information on the special election to be held in August , addressing the pros and cons of term limits . It was decided that such action would be premature. The final consensus was that the commission would draft a final proposal , hold a public hearing on the matter and then place it on a special election. MOTION: Duane McCarty, SECOND: Ray Vandeveer, SUBJECT: the Charter Commission will not seek to place the subject of Term Limits on the August special election ballot. MOTION CARRIED with 1 vote against. 1 Charter Commission Minutes for June 22 , 1993 Further discussion achieved a consensus that the term limit would be for 8 years . Other changes were also made to the language of the proposal submitted by Julie Trude on June 8 . A rewrite of the proposal will be attached to the minutes and forwarded to the commission members for review. V. OLD BUSINESS CHAPTER REVIEWS A review of chapters 1 through 12 began, with questions noted as follows . Section 1 . 01 -- Duane McCarty questioned the legality of changing the preamble of the charter. We will need to call this out to the legal counsel reviewing our charter. Section 1 . 02 -- no question or comments . Section 1 .03 -- no question or comments . Section 2 . 01 -- the second sentence ("Except as otherwise. . . ") was determined to be redundant and stricken. Section 2 .02 -- the last part of the first sentence (" . . . except for the administration. . . ") was stricken as redundant; all references to "shall" are to be changed to "will . " Section 2 .03 -- references to "shall" need to be changed. Section 2 . 04 -- no question or comments . Section 2 . 05 -- the items enumerating the reasons for vacancy will be changed from numerical to alphabetical and placed in paragraph form to conform with the balance of the charter. Section 2 . 06 , Subd. 1 -- language will be added to the last sentence to provide clarification. Section 2 . 06, Subd. 2 -- no questions or comments . Section 2 . 06, Subd. 3 -- no questions or comments . Section 2 .07 -- added "regular" before " . . .municipal election" in the second sentence, to provide clarification. Section 2 . 08 -- no questions or comments . Section 3 . 01 -- minor typo changes . 2 Charter Commission Minutes for June 22 , 1993 Section 3 .02 -- no questions or comments . Section 3 . 03 -- no questions or comments . Section 3 .04 -- no questions or comments . Section 3 . 05 -- minor typo changes; the commission also discussed the need for language providing better public notification about ordinances . Laurie Schley will draft language for the commission to review. Section 3 . 06 -- no questions or comments . Section 3 .07 -- minor typo changes . Section 3 .08 -- no questions or comments . Section 3 .09 -- "such later date as specified" was added back into the chapter. Section 3 . 10 -- no questions or comments . Section 3 . 11 -- no questions or comments . OTHER Duane McCarty submitted proposed language for Section 5 . 05 covering Initiative on ordinances . Commission members will review this prior to our next meeting and be prepared to discuss it . OTHER All members present reviewed the revised chapters they had in their possession and additional copies were distributed as needed. OTHER An official "Thank You" and "Farewell" was made to Pat Rickaby who is leaving the commission . OTHER Discussion regarding a summer recess resulted in a recess until September 14, 1993 . 3 Charter Commission Minutes for June 22 , 1993 VI . AGENDA FOR NEXT MEETING The following agenda was established for the next meeting of the Char. t,er:• C°wii i :-;:-;ion: AGENDA FOR SEPTEMBER 14, 1993 1 . Establish meeting schedule for balance of 1993 . ' 2 . Review Sec. 5 . 05 input 3 . Continue with chapter reviews . VII . ADJOURNMENT MOTION: Duane McCarty, SECOND: Ray Vandeveer, SUBJECT: Adjourn meeting until September 14, 1993. MOTION CARRIED unanimously. 4 • Revised by L. Schley • June 2, 1993 CHAPTER 1 Virt;moddCrilitA 1.fkilif‘r-r%)P1./4 NAME, BOUNDARIES, POWERS 1M�' ' AND GENERAL PROVISIONS I �,W Section 1.01 Name and Boundaries. The City of Mounds View, Ramsey County, Minnesota -ta iia is a municipal corporatioundor that namo and with the same boundaries as are now are or heroaftor may ba established. Tho clock administrator shall koop in hic/hor offico at loast two copios of this chartor wit# amendments, and shall maintain in each copy an accurate up to date description of tho boundarios. Tho Current copies of the charter, amendments, and boundary descriptions-sai} must be available for public inspection anytime during regular office hours at City Hall. Section 1.02. Powers of the City. The city shall havo has all powers which it may now or hereafter bo possible for a municipal corporation in this state to exercise in harmony accordance with this charter and with • the constitutions of this state and of the United States. 4t is the intontion of This charter4ntouds..ie conferSupon the city every power which it would have if-ii;were it specifically mentioned, unless otherwise provided in this charter. The charter-s#a#will be construed liberally in favor of the city, and the specific mention of particular municipal powers in other sections of this charter does not limit the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the city council. Sec. 1.03. Charter a Public Act. This charter shall bo is a public act and need not be pleaded or proved in any case. Ill 4 Chapter 2 Re-write, L. Burgers Printed: June 22, 1993 1:05p. 11111 CHAPTER 2 FORM OF GOVERNMENT Sec. 2.01. Form of Government The-form-of-government-estab±fished-by T.is charter establishes a is-the "Mayor-Council Plan" form of government. - • _ . .- w'se •rovided b - • - - _ - _ _ • . Sec. 2.02. Boards and Commissions Unless established by the council for a municipal function or activity to investigate any subject of interest to the city, or to perform quasi- lY V judicial functions, there vt� be no separate administrative board of 111V ( health;-library-board,--or-any-other-administrative-board-or-commission except ' di 34414-144-34'454 The council a.ball itself-be-and perform the duties and exercise • the powers of any sach boards and or commissions provided for by state law. The-council-may,-however;-establish-by-ordinance-boards-or-commissions-to advise-the-councii-with-respect-to-any-municipal-function-or-activity,--to investigate-any-sabiect-of-interest-to-the-city--or-to-perform-quasi-indiciai functions- Sec. 2.03. Council Composition and Election The council shah will be composed of a Mayor and four council members who shall will be qualified-electors-and-who-sha±±-be elected at large in accordance with the provisions of this charter. Council members sha±i will 111, serve for a term of four years and/or until a successor is elected and qualifies. The Mayor1 serve for a term of two years and/or until a successor is elected and qualifies. Chapter 2 Re-write, L. Burgers Printed: June 22, 1993 1:05ps 11111 Sec. 2.04. Incompatible Offices During their elected term no member of the council may sha±±-hold-any paid-municipal-office-or-employment-through be employed by the city other than in the position that to which they were elected. Parther--anti±-one-year after-the-expiration-of-hisfher-term,- No Mayor or council member shai± may be appointed or employed by the city in a compensated position which was created, or for which the compensation for-which was increased, during hisfher the individuals term as-Mayor-or-conncii-member. �)-k"w t �, w'- Sec. 2.05 Vacancies Cti� 1 A vacancy in the council, whether it-be in the office of Mayor or council member, sha±±-be-deemed-to will exist in-case-of as the result of: (1) the failure of any person elected thereto to qualify for the position; (2)7-or-by-reason-of-the death71 (3) resignation in writing filed with the clerk-administrator71 (4) removal from office71 (5) non-residence in the city71 (6) conviction of a felony of-any-such-person after hisfher electionf1 or (7) by-reason-of-the-failure-of-any absence from council meetings council-member, without good cause, to-attend-council-meetings for a period of three consecutive months. In each such case the council sha±± will declare, by resolution, that a the vacancy to exists . 111, Chapter 2 Re-vrite, L. Burgers Printed: June 22, 1993 1:05ple • Sec. 2,06. The Mayor's Power and Duties Subdivision 1. The Mayor shaii-preside presides at meetings of the council and shaff-have-a votes as a member of the council. The Mayor shaff-be-recognized-as is head of the city government for ail ceremonial, legal and military purposes_;-by-the-coarts-for-the-parpose of-serving-civil-process;-and-b9-the-governor-for-purposes-of-martial faw--but-shaff-have-no-administrative-duties The Mayor has no other administrative duties except as a member of the council pyq )/i,LPI th . � . ill Subdivision- 2. Consistent with the responsibility to accept considerable leadership over the general conduct of city affairs, the Mayor may study the operations of the city government and recommend desirable changes and improvements to the council. The Mayor shaff will also deliver messages to the council and the public, including a comprehensive message on the state of the city as soon as practicable practical after the beginning of each year of hisfher the mayor's term of-offce. Subdivision- 3. At its first meeting each year, the council shall will choose an acting Mayor from the council members. Hetshe The acting Mayor shad performs the duties of Mayor during the disability or absence of the Mayor; or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Chapter 2 Re-write, L. Burgers Printed: June 22, 1993 1:05pn 11111 Sec. 2.07. Salaries The council will set the compensation of the mayor, council members, city officers and employees in accordance with state law. Increases in compensation for the mayor and council members will not take effect until after the nextA :tion. Phe-Mayor-and-coancr±-members-sha±± receive-such-compensation-as-is-fixed-by-the-council-in-accordance-oa=th-state law---#ny-increases-in-such-compensation-shall-not-become-effective-until after-the-neat-manicipai-election.---ether-officers-and-employees-of-the-city shall-receive-such-salaries-or-wages-as-map-be-fixed-by-the-coancil- Sec. 2.08. Investigation of City Affairs The council may investigate city affairs including make-investigations 11, into-the-affairs-of-the-city-and the conduct of any city department, office or agency. Such investigations may include and-for-this-purpose-may subpoena of witnesses, administering of oaths, and recording take testimony_,--and-require the-production-of-evidence- The council shall will provide for an audit of the city' s accounts at least once a each year by the state department in charge of such work or by a certified public accountant. At-any-time The council may,at any time, provide for an examination or audit of the city accounts of any city officer or agency, and it may provide for any survey or research study of any subject of municipal concern. r Revised by L. Schley June 2. 1993 • CHAPTER 3 reths 6[2-74 q 3 COUNCIL PROCEDURE Sec. 3.01. Council Meetings. The council shalt will meet regularly at least twice each monthly at such times and places as the council fnay designates by ordinance. The mayor or any two members of the council may call special meetings of the council upon with at least twenty-four hours notice to each member, and such reasonable public notice as rescribed by council rule in compliance with the laws of Minnesota law. The twenty-four hour notice chi 1 is pot be required in an emergency. To the extent provided by law, all t .....,......-- meetings meetings of the council and its committees s14al4 must be public, and any citizen shall may have access to the minutes and records of the council at all reasonable times. During any of its public meetings, the council shah cannot prohibit, but may place reasonable restrictions upon citizen's comments and questions. Sec. 3.02. Liaison Function. Councilmembers shah will be assigned as liaison to city departments. Their assignments shall bo•will rotated periodically and shall• involve no administrative responsibility. Sec. 3.03. Rules of Procedure and Quorum. Except as otherwise provided in this charter, the council shah determines its own rules and order of business. A majority of all members shag.constitutes a quorum to • do business, but a smaller number may adjourn from time to time. The council may by rule provide means by whish A minority may compel the attendance of absent members in accordance with state law. Sec. 3.04. Ordinances, Resolutions and Motions. Subdivision 1. Except as otherwise provided in this charter or state law, an affirmative vote of three or more members of the council shall bo is required for the adoption of all ordinances, resolutions and motions. The votes of councilmembers on any action taken shall be recorded in accordance with state law. Subd. 2. Except as otherwise provided in this charter, all legislation shd1-1. must be by ordinance. Tho _ . _ - _ e•-_-_: _ e: _ _ e __ _ :. A roll call vote is required on all ordinances. Subd. 3. The general administrative business of the council s4a4 must be conducted by resolution or motion. Sec. 3.05. Procedure on Ordinances. Every proposed ordinance shah must be presented in writing and read in full before adoption, unless the reading is dispnse'd with by unanimous consent of the council. No ordinance shad• may contain more thanone subjec . }bject shad should be clearly expressed in its title. The enacting clause shall be, 'The City of Mounds View ordai s;,/ No ordinance, except an emergency 0 pit I , • 11) . , > &b,. ''. ordinance, s may be adopted at the meeting at which it is introduced and at lea fourteen d.ys s.ha 'must elapse between its introduction and final adoption. Sec. 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare, in which The ordinance the emergency is defined and declared in a preamble thereto must define the emergency in its preamble. An emergency ordinance must be approved by a majority of available members of the city council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the council. An emergency ordinance -s-hatl-s-haremains in effect for the duration of the emergency. No prosecution-shall may be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinan e has been adopted, filed with the clerk- administrator, and has either been posted in thre conspicuous laces in the city, or published as provided for in this charter, 6P unless the person charged with violating the emergency ordinance had actual notice of the ordinance bier-ta before the act or omission which resulted in the violation resulting in tho prosecution. Sec. 3.07. Signing and Publication of Ordinances. Every ordinance adop d by the council-shall must be signed by the mayor, and attested to, filed and preserved by the clerk-admi istrator. Every ordinance shall must be published at least once in the official newspaper as soon as 'practicable .nd shall must be preceded by a summary of its content-,the ordinance. - - = - - _- -- ---4•- • • -e e - ,An ordinance ../ may incorporate by reference, in whole or part. the following published material without publishing the material in full: (a) state laws, (b) state administrative rules or regulations, (c) state or municipal codes, or (d) municipal ordinances. Sec. 3.08. Procedure on Resolutions. Every resolution shall must be presented in writing and read in full before adoption, unless the reading is dispensed with by unanimous consent of the council. Sec. 3.09. When Ordinances and Resolutions take Effect. Every resolution and emergency ordinance shall takes effect immediately upon its adoption or at such later date as it cpocifioa the specified date. Every other ordinance slll takes effect thirty days after its publication or at such later date as it specifieskt 5,,c,ct., La..4-44.. d4.04.. a-5 51.2.4,4,4 . Sec. 3.10. Amendment and Repeal of Ordinances and Resolutions. Subdivision 1. An ordinance or resolution which repeals all or any part of a previous ordinance or resolution shall must give the number, if any, and the title of the ordinance or resolution to be repealed lh- hele or in part. No ordinance or resolution shall may be amended by reference to the title alone, but an ordinance 2 or resolution which amends eae'an ordinance or resolution shall set forth in fulf must indicate each omission or 0 addition sactioR or subdiviciee to lae amended and shall indicato by appropriate type or symbols mattor to bo omitted or added. Amendment or repeal of an ordinance e#aU requires a majority vote of all tho members of tho councilmembers, unless otherwise provided in this charter or by state law. Subd. 2. An ordinance or resolution passed under the initiative power of a# may not be repealed or amended by the council except by submission of the question to the voters at a regular municipal or special election. Sec. 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The city elae4l must review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may bo deemed necessary by the council at least once every twG five years. The ordinance code and tho •__ •-__ .. __ _ •. __. __ "_- : - - - : -_ - - _ Copies of the ordinance code and the resolution index eha must be made available by the council at -: e'.-- - - - -• -- - - - - city hall for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient -faubl-isatien-et Any ordinance provision not previously published may be incorporated into the code; if a notice is placed in the official newspaper for at least two successive weeks that copies of the codification are available at the office of the clerk administrator city hall. III III ,► Rewrite , by Richard Oman, 5-23-93 1111 CHAPTER 4 NOMINATIONS AND ELECTIONS Sec. 4 . 01 . The . Regulgr•.Mun}.ca.pal , glection, 211r The regular municipal election shall will be held on the first Tuesday after the first Monday in November of each even numbered year Lvuu1enti.iag in 1D00 at such places as the city council shall wi11 designate . At least fifteea thirty days prior notice shall must be given by the clerk-administrator by posting a notice tth f in at least one public place in each election precinct, and by publishing a notice tharati,t at least once in the official newspaper of the stating the time and places of holding �sti:h the election and of the officers to be elected. Failure to give such the notice hail (logs not invalidate s•sroir 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 . F1.1i4g, f9c. gffice , No earlier than forty two days nor later than twenty eight days before any municipal 1111 . ballot. An elegible voter of the city may file for election in the manner prescribed by law. Sec . 4. 03. Pv9cedure at Electi9ns , Consistent with the - - - - - , The council may by ordinance further regulate the conduct of municipal elections, Ecc-=pt as otherwise provided by this charter and ..lub,pleateaLary ordinances , general state las on elections shall apply to municipal electio“s . conistent, with, the, prgyisj9ns , of this chanter and applicable , stte , laws, Sec . 4. 04 . Spec1.al aha lgctiQns eatiept for Elected Office . The council shall mgy by resolution order a special election and provide a the means for holding r thg, electiQn, At least fifteen 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 thereof in at least once in the official newspaperstating the time and the places of holding such the election. Failure to give such thg notice shall 4191g not invalidate such ;41 election. • 410 Sec . 4 . 05 . Vacancy of Municipal Elected 9ffice . 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 ippst 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 myst give at least sixty days published prior notice of strcir the special election, except as set forth under subd. 5 of this section. Subd. 3. The procedure aL such of . the election and assumption of duties of elected officers following such the election Qhall Myst 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 hall will by a majority vote appoint a successor to serve for the remainder of Laid 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 1 ail al=�t�.l mIIAi �:lr+al officd • 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 ouch the vacancy shall must 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 such the vacancy occurs in the office of either or, both of the other two councilmembers, the acat shall be filled by Lhe candidate fog o-f a e , whoe , teems , ale . n9; 1p. foo. eleot1-Qn. , the, seat will be filled by the candidate for councilmember with the third and fourth highest vote totals, cespotiyely, Where two va,.:aaci=� vacancy in the office harirrg 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 -laid the appointment. 1111 TERM LIMIT PROPOSALS : ( Section 4 . 02 discusses filing for office , term limits could become a second subdivision of this section ) Section 4 . 02 Subdivision 2 Term Limits . No city office holder shall be allowed to file for the same position if that office holder has completed more than 12 consecutive years in that office . es Discussion : ' ` 1 . Should we separately discuss mayor and council offices ? 2 . What term should be used? 12 years ? 14? 16? 20? 3 . As written , this section would mean a council member would be limited to 3 consecutive terms , 12 years , as council member . A mayor would be limited to 6 consecu - tive terms or 12 years . • As written , a council member who served a two year term as mayor could serve for many years but in different capacities such as 12 years or 3 terms as council member then 2 - 12 years as mayor , then another 12 year stretch as councilmember . This allows the voters to keep exceptional leaders in office . 4 . What if the term limit prevents an officeholder from filing for office and then there are insufficient candidates ? Should an exception be included for this ? Sample Drafts 1111 by Richard Oman 5-24-93 • Section 6 . 03. Pow- - and Dulles of the Clerk-' •ministrator The clerk-admini rator is t• - head of the adu ' istrative branch of the city gov- nment -and s responsible o the council for the proper ad" ' istration • all affairs - ating to the city. Plit1:41A Section 6 .03. Powers and Duties of the Clerk-Administrator J 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.. 1111 Revised 6/9/93 • by Jerry Linke CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS (delete the original chapter in its entirety and replace with Model Charter wording as revised. ] SEC. 8.01 POWER TO MAKE IMPROVEMENTS AND LEVY ASSESSMENTS. The city may make any type of public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. SEC. 8. 02 ASSESSMENTS FOR SERVICES. The council may provide by ordinance that the cost of city services to streets, sidewalks, or other public or private property may be assessed against property benefited and collected in the same manner as special assessments. SEC. 8.03 LOCAL IMPROVEMENT PROCEDURE. When the city undertakes any local improvement to which the otatc local improvcit dodo procedures under Minnesota Statues, Chapter 429 applies, it shall comply with the provisions of that law. The council may by ordinance prescribe the procedure to be followed in making any other local improvement and levying assessments therefor. 1111 Cri�l Y3 CHAPTER 11 [ Proposed re-wording by Julie Trude ] 410 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11 . 01 Acquisition and Operation of Utilities . The City may ow.n and operate any gas , water , heat , power , light , telephone or other public utility -€-e-w to supplying its own utility, needs ' e-r utility se'rvi-cc , and/or £or to supplying utility service to private consumers , or both . • . . . purpose , and may acquire any existing utili-ty properties - so needed , but such action may only be taken by ordinance , . . - -- - . . . - - . The City may , pursuant to a regularly-adopted ordinance , construct or purchase 1111 all necessary facilities to supply utility service . The e . . - ' y shall - - . ; - • a . -1 The City Council supervises all city-owned utilities . m4.4, A Section 11 . 02 . Rates and Finances . The Councils by ordinance , 44-,x- set rates , fares and prices for municipal utilities_ - , , • . , - I frI and reaso ble. The Council shall endeavor to make each municipal utility financially self-sustaining . Before setting municipal utililty rates , fares or prices for municipal utilitie-s ' - . , the Council shall hold a public hearing on the matter in accordance with Section 11 . 04 of this chapter . The Council shall prescribe the time and the fnara-q. r im w-hich for making municipal utitlity payments . for all such utility services shall be made , and In addition , 1111 the Council may rn-e-kc s-uch adopt other necessary regulations as may be necessary , including those and prescribing penalties for violations of s-01-e-h regulations . Section 11 . 03 Purchase in Bulk . The Council mayA purchase in bulk , rather than producing , local production of gas , electric , water and other utilities , • . . and resell them to local consumers S s�tr n9 at such rates as it may fix . Before fixing the rates at which it will re- sell bulk-purchased utilities , such rates arc fixed by the Council , the Council shall hold a public hearing on the matter in accordance with Section 11 . 06 of this chapter . 4111 Section 11 . 04 Lease of Plant . The Council may , in order to serve ±•F the public interest, wi i 1 be serred thereby , lease the operation of any city utility to a contract with any responsible person , co-partnership or corporation for the- operatie-n o-f an-y atility own-e-d by th-s Cite • • • rentals and con-ditions ac it may deem necessary ; but The lease contract shall b'e adopted pursuant to ordinance i.trtrt- such contract shall (not l3-e an emergency ordinance ) , and shall tre c-f- determine the rates and conditions of operation . In no case not" shall - • _ _ 2 _ _ . • exceed ten years . • Section 11 . 05 Public Utility . How Sold . No public utility owned by the City shall be sold or otherwise dis .a-sed • e - - Tha full terms of -t4e--propo iti f the -G-a-i-d sale or other disposition +tee=-94-,. of any city owned �nry grin- $QIP. , public utility theAprice, . - - - - - • - - - • shall be c;nbodie-d stated in an ordinance which must be approved by a majority of the registered voters voting thereon on the ordinance at a general or special election . Before such ordinance is submitted to a vote , the Council shall hold a public hearing on the matter in accordance with Section 11 . 06 of this chapter . Section 11 . 06 Notice of Public Hearing . The City Council an shall publish Notice of) public hearingj) required by this ( atel�,re chapter, shall b-c published at least once in the official newspaper a er and in the City Newsletter at least ten days prior to the date of the hearing . The Council may also provide Additional notice of any such public hearing may be— v-e.:-. 'In such manner as the Council may determine . • Revised by L. Schley June 2. 1993 • CHAPTER 7 TAXATION AND FINANCES Sec. 7.01. Council to Control finances. The council shall have has full authority over the financial affairs of the city except as limited or prohibited by the state constitution, state laws, or this charter. It shall provides for the collection of all revenues and other assets, and the auditing and settlement of accounts. It shall further also provides for the safekeeping and disbursement of public moneys monies by the city treasurer. Sec. 7.02. Fiscal Year. The fiscal year of the city shall bo is the calendar year. Sec. 7.03. System of Taxation. Subject to the-state coastitation, aad except as forbidden by it or state 4aw-The council shall have has full power to provide by ordinance for a system of local taxation as permitted by law. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution.. - '-' - -- - - -- - - __ _ restrictions upon the city irrespective of charter provisions. Sec. 7.04. Submission of Budget. Subdivision 1. Annually The clerk-administrator sha# must submit annual budoet estimates to the council the budget octimatos in accordance with a budget calendar le-be established by resolution. The budget srhatl.must provide a complete financial plan for all city funds and activities for the ensuing fiscal year asst. =- - - -- - - - - - - -- - - -- - '-- - - - -- - in a form as prescribed by ordinance and state law. It shall includes a summary and show ir}details all estimated income and ail proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, It sail must also show proposed capital expenditures to be made during for the year and their proposed method of financing each such capital expenditure. The total proposed operating budget to be provided from the property tax shall may not exceed the amounts authorized by state law and this charter. pfo isioes 0;e St4dget shall-contest such information and be in the form prescribed by-ordinance and by state taw- Subd. 2. For each utility operated by the city, its budget shall show anticipated net surplus or deficit • and the proposed method of its disposition; and subsidiary budgets for Daeh such utility giving income and t.: _ _ _ - _ - _ _ - _ __ _ _ __ et. _ ____ _'-_ . An annual budoet must be orepared for • each utility operated by the city. Each budget must include estimated revenues. expenses. and net income or 0 net loss. Sec. 7.05. Long-term Financial Plan. • Subdivision 1. The city council shall have must prepared a long-term financial piarommencing in the calendar year 1980. 1-he city council sib must hold a public hearing on the long-term financial plan and adopt it by ordinance with or without amendment. The financial plan eeell consists of four three elements as specified in subdivisions 24 which follow. Subd. 2. The Public Service Program. The program shall be is a continuing five-year plan for all public services, estimating future needs for the public health, safety and welfare of the city. It shall measures the objectives and needs for each city department, the-standard of services desired indicates expected outcomes of services provided, and indicates the impact of each such service on the annual operating budget. Subd. 3. The Capital Improvement Plan. This program shall.consists of projects and facilities that are or will be needed by the city in carrying out the anticipated program of public services. It shall includes a list of all capital improvements proposed to be undortaken during for the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimate, method of financing and recommended time schedule for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. It includes a capital budoet which summarizes the • capital requirements of the public service program and the capital imorovemenYaln)or the next five years and prioritizes anticioated investments in community facilities in consideration of expected revenues. This information shall be revised and extended each year for capital improvements still pending or in process. Subd. 4. A long-term Revenue Program. This program shall consists of a tentative revenue policy which describes long-term plans for financing public services and capital improvements. Subd. 5. The Capital Budget. This program shall be a summary or; the basis of a five year period of '-= -_-_e• -.: - - ---• = -• - '-: --- - -- --- - -- - - - ` = -- - - -- revenues. Subd.. 5. A summary of the long-term financial plan-s-111e4 must be published in the city newsletter annually. Sec. 7.06. Council Action on Budget. Subdivision 1. The budget shall bo considered at the-first regular monthly meeting of the council in -:- :....t: _ - - - -• --- -• .-:: •.T. . - -- . --- - :_ 4e '-: -- -•'T -- . The council must. by budoet resolution. adopt the budget at the time required by law. The budoet is the principal item of business at regular council meetinos at the time reouired by law and at subsequent meetings until the budoet is adopted. 41110 Revised by Laurie Schley June ZZ, 1993 Revisions to Chapter 7, Section 7.06, Subdivision 2 This version offered as alternative language for that proposed in my draft of Chapter 7, dated June 2, 1993. Sec. 7.06. Council Action on Budget Subdivision 2. • -- - - - - -- - - - - - - - . - ensuing fiscal year, At the time when the county auditor is notified of the maximum proposed tax levy for the ensuing year, a summary shall be given in - _ - - - - , '. _ . --, of the budget must be published in the city newsletter and the official newspaper. Such The summary shall be set forth must be in language readily understood by the layperson taxpayers and sal must include the amount of the proposed budget, and expected changes in the city's tax levy, market values of property in the city, and services provided to residents and businesses. The summary must also provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. , but Failure to provide the specified publish the summary will not invalidate the budget. The meetings shall be so sondu Interested citizens must be (liven a reasonable opportunity to be • heard. The council may revise the proposed budget but-he an amendment to the budget shall may not increase the authorized e;.nenditures to an amount greater than the estimated income revenues. The council shall gee, '-= - --- - -• - - - - '-- ' - - `--- 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 shall must also adopt a resolution levying the amount of taxes necessary to provide the revenues for the budgeted expenditures in the ensuing fiscal year. provided in the budget, and The clerk-administrator shall must certify the tax resolution to the county auditor in accordance with state-law. • 22- - - - --- - - - - - -e.• . - - --- - - -- - beginning of the fiscal year of the sums fixed in the resolution of the several purposes namod. The sums fixed in the budget resolution are appropriated for the purposes identified in the budget resolution. iii‘iSubd. 2. • • east two weeks before the budget is adopted for the ensuing fiscal year, 0.0 - -- - a summary shall be given in the city newsiottor, in draft form, of the budget must be published in W. the city newsletterle�lthe official newspaper. Such The summary shall be set forth must be in language and il), _1)'11'u form designed to be readily understood by the layperson taxpayers., and shall The summary must provide Tom' appropriate supporting information as to the necessity for any increase in the total budget over the total for the gitP current fiscal year., but Failure to provide tho spocifiod publish the summary will not invalidate the budget. 0 al* Sec. 7.07. Enforcement of the Budget. The city council-s-hall enforces strictly the provisions of the budget. It elall cannot authorize any payment or the incurring of any obligation by the city,-unless an appropriation has been made in the budget resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the city shall place any order or make any purchase except for a purpose and to tho amount may spend any 1 funds unless authorized in the budget resolution. Any obligation incurred by any emolovee person in tho employ of the city for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, ehall will be a personal obligation incurred by the emolovee upon the person incurring the obligation. No check shall may be issued or transfer made to any account other than one owned by the city until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible city officer. who vouches for its correctness and reasonableness. Sec. 7.08. Alterations in the Budget. After the budget resolution has been adopted, the council shall not increase the amounts fixed in the resolution beyond the estimated receipts except to the extent that actual receipts exceed the estimate. At anytime the council may, by resolution approved by a majority of its members, 0 reduce the sums appropriated for any purpose by the budget resolution, or authorize the transfer of sums from 1111 unencumbered balances of appropriations in the budget resolution to other purposes. Sec. 7.09. Funds. Thero shall bo maintained in tho city troacury The city treasury maintains a general fund and such other funds as may be required by state law, ordinance, or resolution. The council may, by resolution or ordinance, make inter-fund loans, except from trust and agency funds, as it R:ay deems necessary and appropriate. Sec. 7.10. City Indebtedness. Subdivision 1. Except as provided in sections 7.11 and 7.12, no obligation shall may be issued to pay current expenses, but the council may issue and sell obligations for any other municipal purpose in accordance with state law,aed within tho limitations proccribod by law. Except in the case of obligations for which an election is not required by this charter or by state law, no such obligations hall may be issued and sold without the approval of the majority of the voters voting on the question at a general or special election. Subd. 2. A description of each such proposed certificates that must be published in the city newsletter or the city newspaper, but failure to give such description, or any defect in the description, #all•cannot invalidate the certificate. • Sec. 7.11. Anticipation Certificates. At anytime after January 1, the council may issue certificates of indebtedness in anticipation of state and federal aids and the collection of taxes levied the previous year for any fund and not yet collected. The total amount of certificates issued against any fund for any year together with interest thereon until maturity shall not exceed 90% of the total state and federal aids and current taxes due to the fund and uncollected at the time of issuance. -- -- -:-• ' - -: ' -:e 2.. - -- --- .._ -- I .. +. 41! their isruanco. The council determines the terms and conditions on which the certificates are issued. Certificates must come due no later than April 1 of the year following their issuance. The proceeds of the tax -- - - - - -4_ - 4:e: • ..... - + - -- ... --- - - - --- 4_ 4•: 4-.,. - a .. ..- 1- The full faith and credit of the city. and revenues received from tax levies and from federal and state aids which have been allocated for the fund for which the tax anticipation certificates were issued will be irrevocably oledoed for the redeption of the.certificates. Sec. 7.12. Emergency Debt Certificates. Subdivision 1. of In any year the receipt from taxes or other sources should from some unforsoon 4 x 0 .- % - "- •-: - '": Tt.- •-; -: :•-": . -..: r.:*** -: _ -:-...... = .T. "-' "T T ' _-:e *- :: :-* . *:'. +.2 a ♦_ 1 • --' -- - 1_ T'- 1... ...."_...: -- - - ---- _ - - ' t:-..' -- _ - +- _ _ - - - emorgoncy ordinanco. Emercencv debt certificates may be issued by the council for purposes and in the manner prescribed by law. • III 6./Z7//3 \ t� ti CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12 . 01 Official Publication. The council shall must annually designate d at least one legal newspaper of general circulation in the city as its official newspaper in which shall b:e published city officials must publish ordinances and other matters required by .aw and this charter to be so :pubI.a.shedr which this charter and other law require toe:. bso published; as well as such other matters as the council may deem a, xn chooses , considering the public interest, to publish in this manner. Section 12 . 02 Oath of Office. Every officer of the city shall must, before 6:fitdeiliitiah 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, shall may voluntarily have a personal financial interest in or personally financially benefit from such contract. er p rsonal y ben f t fin nc lly, the from Section 12 . 04 Official Bonds . The clerk-administrator, the city treasurer, and such any other officers or employees of the city ae my be provided foxr by rrdinahce as ordinance may require, must each; before enterin *upon 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 he in the form of either Indio dual.;.::.:or blanket beards at the d> scretion . of...;the catuxcZ The counca l may prescribe tie form of '`such bonds as either individual or blanket bonds. They sha:l.l be approved by;the council, and approved as to form by the City Attorney, a filed wath the clerk Admin .stra.tor The premi.: s ren the bonds shall bo paid by ;the city. ' 'he prezni s cin t ze bonds shall. be paid by...t Ze city. The council must approve such bonds, the ca ty attorney must approve the form of such bonds , and the city must pay the premiums and keep such bonds on file. Section Sales f eal Property. the C:a.ty sha .l,beoda.sposed�of . xcept. by'ordin:anceea .The city may only dispose of real property by ordinance. The City must use, as far as possible, the proceeds of any sale of such property shah, be used as far as possible to retire any outstanding indebtedness incurred by the city in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the council may by resolution designate some other public use for the proceeds . Section 12 . 06 Vacation of Streets. After a formal hearing the council my by ordinance vacate any street or alley or other public grounds or part thereof within the city. Such. ;vacation may be made. only after publ>ishe not .ce ,in the off.zcial newspaper and an.; oppe rtunit r for affected property. owner and, public r<to be heard,; and upon such further terms and iy such procedure as the council key or nance may prescribe The council may prescribe by ordinance further `terms. and procedures for such vacation. A notice; of completion of such procedure shall be filed in accordance with law The city must file a notice of completion of such procedure in accordance with law. Section 12 . 07 . Statutes not Affected by Charter. ( set aside) Section 12 . 08 . City to Succeed to Rights and Obligations of Former City. The city shal.lsucceeds to all the property, rights, and privileges, and .00xliis is subject to all legal obligations of the city under the former .charter. Section 12 .09 . Existing Ordinances and Resolutions Continued. All ordinances, resolutions and regulations of the municipality city in force when this charter takes effect, and not inconsistent with the provisions thereof, are:.here.by cont..i}uec continue in full force and effect until amended—or repealed 411PSection 12 . 10 Officers to Continue for Present Terms. All elective and appointive officers of the city holding office on the effective date of this charter shall....coi tin ze in office for the terms to which th€y were elected or appointed, and .until. their successors sha l . have been elected or appointed. and hare.•g.4%.1 ied are continued in office Section 12 . 11 Pending Condemnations and Assessments. Any condemnation or assessment proceeding in progress when this charter takes effect shall be continued and completed under the laws under which such proceeding was begun. All assessments made by the 44644§4034:ty city prior to the time when this charter takes effect Shall be collected, and the lien thereof enforced in the same manner as if this charter had not been adopted. Section 12 . 12 Ordinances to Make Charter Effective. The council '6.1i4 must by ordinance, resolution, or other appropriate action make-Such regulations as may be necessary to carry out and make effective the provisions of this charter. Section 12 . 13 The city must publish a newsletter 0411454 :,:::::::.:::>;<...:;e:. :::>::�:.>;;;::::.ii_,;<>..:,><::C>.<,:.>;:;. least six times:; each pu3�l,.�sl�ed by the ��.t at regular intervals at year: The city inav use the postal roll •for the city sh l tae used for the distribution. Section 12 . 14 This Charter becomes effective January 1 , 1980 , or thirty days after adoption, whichever comes later.