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HomeMy WebLinkAboutOrdinances 661 & 662 .. ' CM OF OURID8 fa -o. Phone: (612) 717-4000 ".A [JEW Fax: (612) 784-3462 A u (ft eS' • Partners" June 20, 2000 Ms Julie Ann Olsen 2663 Lake Court Circle Mounds View, MN 55112 Re: Ordinance 661 and Ordinance 662 0 Dear Ms. Olsen: I am forwarding signed copies of Ordinance 661 and Ordinance 662 for consideration by the Charter Commission. This is with reference to MN Statute 410.12, Subdivision 5. Sincerely, _1_ uj(atb, 0 , Joan Babekuhl Administrative Assistant Enclosures • 2401 Highway 10 • Mounds View, MN 55112-1499 sovi�uK n, Website address: http://tcfreenet.org/ip/city/moundsviewTH Equal Opportunity Employer recycled paper . • ORDINANCE NO. 661 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE PROPOSING AMENDMENTS TO THE MOUNDS VIEW CHARTER BY AMENDING VARIOUS CHAPTERS OF THE CHARTER OF THE CITY OF MOUNDS VIEW AS TO THE ADMINISTRATION OF CITY AFFAIRS BY CITY MANAGER IN THE CITY. WHEREAS,the City of Mounds View is a home rule charter city, pursuant to Minnesota statutes,presently operating with a"Mayor-Council Plan"form of government; and WHEREAS, the City Council of the City of Mounds View desires to adopt a "Council- Manager Plan"form of government; and WHEREAS, the City Council desires to propose an amendment of the City Charter by ordinance to change the form of government of the City to a "Council-Manager Plan" form of government; and • WHEREAS, the City Council, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, has the authority.to propose an ordinance amending the charter, subject to the provisions of state statute. NOW THEREFORE,BE IT RESOLVED THAT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5,proposes that Chapter 6 of the Charter of the City of Mounds View is hereby deleted in its entirety and replaced by a new Chapter 6 as follows: CHAPTER 6 ADMINISTRATION OF CITY Section 6.01. City Manager. Subdivision 1. The City Manager is the chief administrative officer of the City. The Manager is appointed by the City Council solely on the basis of training, experience, and executive and administrative II/ qualifications. With the approval of the Council, the Manager may designate some properly qualified person to perform the duties of the Manager during the absence or disability of the Manager or while the office is vacant. SJR-180668v1 MU210-4 Subdivision 2. The City Manager is appointed for an indefinite term and • may be removed at any time by an affirmative vote of a majority of the Council. After having served for one year, the Manager may demand written charges and a public hearing on the charges before the Council prior to the date when the final removal takes effect. After the hearing, if one is demanded, the Council may either reinstate the Manager or make the removal final. Pending the hearing and removal, the Council may suspend the Manager from office and appoint an Acting Manager. Section 6.01. Manager, Powers and Duties. Subdivision 1. The Manager is responsible to the Council for the administration of the City's affairs. The Manager has the powers and duties specified in this section. Subdivision 2. The Manager must ensure that this Charter, the laws, ordinances and resolutions of the City Council are enforced. Subdivision 3. The Manager appoints officers and employees of the City on the basis of merit and fitness. The Manager's appointment of a department head is subject to City Council approval and that approval must be given no later than 30 days after the date of appointment. If the Council does not approve the appointment within the 30-day period, the appointment is not approved. The Manager may remove or suspend appointed officers and employees of the City. . Subdivision 4. Except as otherwise provided by this Charter or law, the Manager directs departments and divisions of the City administration. Subdivision 5. The Manager must attend meetings of the Council. The Manager may take part in discussion at Council meetings but may not vote. Subdivision 6. The Manager may recommend to the Council for adoption measures deemed necessary for the welfare of the people and the efficient administration of the City's affairs. Subdivision 7. The Manager must keep the Council fully advised on the financial condition and needs of the City and prepare and submit the annual budget to the Council. Subdivision 8. The Manager performs the other duties prescribed by law, this Charter or by the Council. Section 6.03. Departments. The Council may create departments, divisions and other units of the City administration consistent with this Charter and law. Section 6.04. Officers. The other officers of the City are the City Clerk, City Treasurer and the other officers subordinate to the City Manager created by the • Council by ordinance or resolution. The Clerk is responsible for the keeping of City records, and, under the direction of the Manager, the general administration of the City's affairs. The Council may by ordinance abolish offices that have been created SJR-180668v1 MU210-4 by ordinance and combine the duties of various offices. Section 6.05. Purchases and Contracts. The Manager is the chief purchasing agent of the City. Purchases and contracts may be made by the Manager when the amount of the purchase or contract does not exceed the amount for which competitive bids are required by law unless a lower limit is set by the Council by resolution. Other purchases and contracts are made by the Council on recommendation of the Manager. Except for contracts that the Manager is authorized to make by this section, contracts, bonds and instruments to which the City is a party must be signed by the Mayor and the Manager on behalf of the City. Section 6.06. Contracts; Bids. City contracts must be made in compliance with law. When competitive bids are submitted the contract must be awarded to the lowest responsible bidder. The Council may by ordinance adopt additional regulations for making City contracts. . SECTION 2. The City Council of the City of Mounds View, pursuant to Minnesota Statutes.Section 410.12, Subdivision 5,proposes that Chapter 2, Section 2.01 and Section 2.05 of the Charter of the City of Mounds View are hereby amended, and a new Section 2.09 is created,by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 2.01. Form of Government. The form of government established by this Charter is the Council-Manager plan. The Council exercises the le'islative s owers of the Ci and determines matters of .olic . The City Manager is responsible to the Council for the proper administration of City affairs. • •• _e • • - • ------- Section 2.05. Vacancies. A vacancy_in_-the-Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the City Manager ,, removal from office, non-residence in the City, conviction of a felony of any such person after their election, or by reason of the failure of any Councilmember without good cause to attend Council meetings for a period of three consecutive months. In each such case the Council shall by resolution declare the vacancy to exist. Section 2.09. Interferences with Administration. Neither the Council nor the Mayor nor a Council member may dictate the appointment by the City Manager of a person to an office or employment. The Council may not • • interfere with the City Manager or prevent the City Manager from exercising 'ud.ment in the a. .ointment of officers and em s to ees in the administrative service. Except for I ur s oses of in s fir the Council and its members must SJR-180668v1 MU210-4 • deal with and control the administrative service solely through the City Manager. Neither the Mayor, the Council nor a Council member may give orders, publicly or privately, to a subordinate of the City Manager. • SECTION 3. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 7, Section 7.04, Subdivision 1, Section 7.06, Subdivision 1, and Section 7.07 of the Charter of the City of Mounds View are hereby amended, and a new Section 7.13 and new a Section 7.14 are created,by the addition of the bold and double- underlined language and by the deletion of the language as follows: Section 7.04. Submission of Budget. Subdivision 1. Annually the.City Manager shall submit to the Council the budget estimates in accordance with a budget calendar to be established by resolution. The budget shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year and except as required by state law or this Charter, shall be in such form as the Council may • require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall contain such information and be in the form prescribed by ordinance and by state law. Section 7.06. Council Action on Budget. Subdivision 1. The budget shall be_considered at the first regular monthly meeting of the Council in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The Council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the estimated income. The Council shall adopt the budget by a resolution that shall set forth 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 also adopt a resolution levying the amount of taxes provided in the budget, and the City Manager shall certify the tax resolution to the County Auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. SJR-180668v1 MU210-4 • Section 7.07. Enforcement of the Budget. The City ManagerCouncil • shall enforce strictly the provisions of the budget. The City Managerlt shall not authorize any payment or the incurring of any obligation by the City, unless an appropriation has been made in the budget resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City shall place any order or make any purchase except for a purpose and to the amount authorized in • the budget resolution. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one owned by the City until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness. Section 7.13. Disbursements. Disbursements of City funds are made b order-checks si.ned b the Manaer and Chief Financial Officer of the City specifying the fund on which the order-checks are drawn. An order- check may not be issued unless the claim to which it relates has been documented b an itemized bill_a roll time sheet or other document a i I roved and si.ned b a res•onsible Ci officer who vouches for its correctness and reasonableness. The Manager must note on a contract • ret uirin. the 'a ment of Ci funds the •articular fund from which the contract is:to be paid. The Council may adopt further re'ulations for the safekeeping and disbursement of City funds. Section 7.14. Accounting. The City Manager is the Chief Accounting Officer of the Ci . The Mana,er must kee• the Council informed of the financial status of the Ci . The Mana er must •rovide for an annual audit of the Ci 's finances b either the state auditor or a firm of certified •ublic accountants. A summar of the audit must be s ublished once in the official -newspaper. SECTION 4. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 1, Section 1.01 of the Charter of the City of Mounds View is hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County, Minnesota shall continue to be a municipal corporation under that name and with the same boundaries as now are or hereafter may be established. The City ManagerCier-k A Aminist-r- for shall keep at least two copies of this Charter • with amendments, and shall maintain in each copy an accurate up-to-date description of the boundaries. The copies of the Charter, amendments, and SJR-180668v1 MU210-4 • boundary descriptions shall be available for public inspection anytime during regular office hours. SECTION 5. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 3, Section 3.06, 3.07 and 3.11 of the Charter of the City of Mounds View are hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare, in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been adopted, filed with the City Manager ,, and has either been posted in three conspicuous places in the City, or published as provided for in this • Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the City Manager .. Every ordinance shall be published at least once in the official newspaper as soon as practicable and shall be preceded by a summary of its contents. To the extent and in the manner provided by law, an ordinance may incorporate by reference the following published material, or part thereof, without publishing the material in full: (a) -- state laws, (b) state administrative rules or regulations, (c) state or municipal codes, or (d)municipal ordinances. Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two years. The ordinance code and the resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made available by the Council at the office of the City Manager for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance provision not previously published, if a notice is placed in the official newspaper for at least two successive weeks that copies of the codification • are available at the office of the City Manager SJR-180668v1 MU210-4 SECTION 6. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 4, Section 4.01, Section 4.02, Section 4.04 and Section 4.05, Subdivision 2 of the Charter of the City of Mounds View are hereby amended by the addition of the bold and double-underlined language and by the deletion of the bold—ani stricken language as follows: Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at such places as the City Council shall designate. At least fifteen days prior notice shall be given by the City Manager by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Section 4.02. Filing for Office. No earlier than seventy days nor later than fifty-six 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 CityManager in an amount as set by ordinance, have their name placed on the municipal election ballot. Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen days prior notice shall be given by the City Man ager by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office. * * * Subdivision 2. The City Manager shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section. SECTION 7. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section SJR-180668v1 MU2I0-4 410.12, Subdivision 5, proposes that Chapter 5, Section 5.02, Section 5.03, Section 5.04, 5.05 and Section 5.08 of the Charter of the City of Mounds View are hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the City whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the City and shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in their presence and that the circulator believes them to be the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. Any person whose name appears on a petition may withdraw their name by a statement in writing filed with the City Manager before said City Manager advises the Council of the sufficiency of the petition. Section 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the City ManagerCierk-Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the City Manager shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the City Manager shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the City Manager shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the City ManagerClerk Administrator shall file the petition and notify the sponsoring committee. The 1110 SJR-180668v1 MU210-4 final finding that the petition is insufficient or irregular shall not prejudice the Se filing of a new petition for the same purpose,nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. Section 5.05. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page or attached thereto the exact text of the proposed ordinance. If the Council passes the proposed ordinance with amendments, and a majority of the sponsoring committee do not disapprove the amended form by a statement filed with the City Manager within ten days of its passage by the Council, the ordinance need not be submitted to the voters. If the Council fails to enact the ordinance in a form acceptable to the majority of the sponsoring committee within sixty days after the final determination of sufficiency of the petition, the ordinance as originally proposed shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election on the ordinance to be held within such period. If a majority of those voting on the ordinance vote in its favor, it shall become effective thirty days after adoption unless the ordinance specifies a later effective date. Section 5.08. Recall. Consideration by the.electorate of the recall of any elected officer of the City may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall, which shall be malfeasance, misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. Such petition shall be filed in the City Manager's office prior to circulation. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the City ManagerCierk Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The City Manager shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. N SJR-180668v1 MU2I0-4 SECTION 8. • The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 10, Section 10.01 of the Charter of the City of Mounds View is hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 10.01. Except as otherwise provided by state law,no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Manager to guarantee publication before the ordinance is passed. SECTION 9. • The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5,proposes that Chapter 12, Section 12.02 and Section 12.04 of the Charter of the City of Mounds,View are hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of their office, take and subscribe an oath of office in substantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (Mayor, Councilmember, City Mana erClerk Administrator, etc.) of the City of Mounds View to the best of my judgment and ability." Section 12.04. Official Bonds. The City Clerk-Administrator, the City Treasurer, and such other officers or employees of the City may be provided for by ordinance shall each, before entering upon the duties of their respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their official duties. This corporate surety bond may be in the form of either individual. or blanket bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form by the City Attorney, and filed with the City Manager .. The premiums on the bonds shall be paid by the City. • SJR-180668v1 MU210-4 • SECTION 10. • This ordinance takes effect subject to the provision of Minnesota Statutes Section 410.10, Subdivision 5 and Subdivision 4, and shall become effective only when approved by the voters as provided in Minnesota Statutes Section 410.10, Subdivision 4. Read by the City Council of the City of Mounds View this 22nd day of May,2000. Read and passed by the City Council of the City of Mounds View this 5th day of June, 2000. , • 12-c,„ (OP Dan C•ugh • , A . or • • Michael Ulrich, • Interim City Clerk-Administrator APPROVED AS TO FORM: • C s.‘ nee(ts City Attorney • • • SJR-180668v1 MU210-4 ORDINANCE NO. 662 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE PROPOSING AN AMENDMENT TO THE MOUNDS VIEW CHARTER BY AMENDING CHAPTER 2, SECTION 2.03 OF THE CHARTER OF THE CITY OF MOUNDS VIEW AS TO COUNCIL COMPOSITION AND ELECTION IN THE CITY. THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View, pursuant to Minnesota Statutes Section 410.12, Subdivision 5, proposes that Chapter 2, Section 2.03 of the Charter of the City of Mounds View is hereby amended by the addition of the bold and double-underlined language and by the deletion of the language as follows: Section 2.03. Council Composition and Election. The Council shall be composed of a Mayor and four Councilmembers who shall be qualified electors and who shall be elected at large. Councilmembers shall serve for a term of four years and/or until a successor is elected and qualifies. The Mayor shall serve for a term of fourtwo years and/or until a successor is elected and qualifies. • SECTION 2. This, ordinance takes effect subject to the provision of Minnesota Statutes Section 410.10, Subdivision 5 and Subdivision 4, and shall become effective only when approved by the voters as provided in Minnesota Statutes Section 410.10,Subdivision 4. Read by the City Council of the City of Mounds View this 22nd day of May,2000. Read and passed by the City Council of the City of Mounds View this 5th day of June, 20(10. Dan Cou:h1., or • 'mac ael Ulrich, Interim City Clerk-Administrator APPROVED AS TO FORM: • YIK-\)'d- City Attorney SJR-180668v1 • MU210-4