HomeMy WebLinkAbout05-16-1979 • 'I
MOUNDS VIEW CHARTER COMMISSION
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MINUTES
WEDNESDAY, MAY 16, 1979
I. Meeting called to order by Chairman, Bill Doty, at 7:49 P.M.
(Meeting delayed for arrival of sufficient members for quorum
to do business. Duane McCarty's arrival completed quorum.)
II. ABSENT MEMBERS: Milan Illig Dave Notaro
Lowell Nygaard Jim Wills
William Werner Curt Schmidt
III. Motion made by Howard Neisen and seconded by Duane McCarty that
the reading of the meeting Minutes of April 18, 1979, be waived.
Carried unanimously.
The chairman requested the addition of the following words to the
last paragraph on page (2) - - - "and submitted for the consideration
of the above named committee". The last sentence, therefore, to read:
"These proposed revisions are as follows, and submitted for the con-
sideration of the above named committee".
Also, the sections of the report of the "Administration, Taxation and
Finance" Committee should be prefixed by the numeral 6- as being
identified as Chapter 6, "Administration of City Affairs".
Thereupon, a motion was made by Howard Neisen and seconded by Wally
Skiba that the minutes be approved as amended. Carried unanimously.
IV. NEW BUSINESS
1. Bill Doty will report on the activities of the Charter Commission
in the next issue of the city Newsletter.
2. Update on Objective: Completion of drafts and legal search completed
by end of August, 1979.
3. All Committee Reports should also indicate the names of all members
attending meetings, as well as the date, time and place of meeting.
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Mounds View Charter Commission - Minutes - (continued) Page (2)
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IV. NEW BUSINESS- (cont'd. )
4. Neil Loeding presented a list of Questions Requiring Legal
Advice. (Attached)
To the list of questions requiring legal advice, add #17, as follows:
"17. Is it mandatory to hold new City Election if going from
Statutory form of government to Charter form of government?"
Motion made by Howard Neisen and seconded by ,Dick Lykke that all
legal questions by any of the committees be submitted to Duane
McCarty to be presented to the League of Minnesota Cities and/or
the Attorney General's office for legal opinions. Carried unanimously.
5. The secretary reported that she checked with the City of Blaine
to verify whether or not they had a Ward System of government.
Blaine has the Ward System: (3) Wards - - 2 councilmembers
elected from each Ward - - - the Mayor elected at Targe.
6. Drafts of sections of Charter should be presented typed and double
spaced for easier reading, and for making any possible changes.
7. Charter Commission members should study drafts when received, and
if they have any comments or suggestions, should immediately get
in touch with committee chairman.
8. Motion made by Neil Loeding and seconded by Howard Neisen that in
order to avoid conflict with the meeting dates of the Planning
Commission, the regular meeting date of the Charter Commission be
changed from the 3rd Wednesday of the month to the 4th Wednesday
of the month beginning in June; and that the Committees' date be
changed from the 1st Wednesday of the month to the 2nd Wednesday
of the month. Carried unanimously.
The secretary was instructed to publish the change in the New
Brighton Bulletin, and to inform the City Clerk.
Mounds View Charter Commission -Minutes - (continued) Page (3)
IV. NEW BUSINESS - (cont'd. )
9. The following committee reports were received, and are attached:
a) Committee #6 - "Administration, Taxation and Finance"
(Chapter 6 - Administration)
(Chapter 7 - Taxation and Finances)
b) Committee #5 - "Nominations, Elections, Initiative, Referendum & Recall"
(Chapter 4 - Nominations. g Elections)
(Chapter 5 - Initiative & Referendum)
c) Committee #4 - "General Provisions, the Plan of Government, the
Council and Legislation"
(Chapter 1 - Name, Boundaries, Powers and General
Provisions)
(Chapter 2 - Form of Government)
(Chapter 3 - Council Procedure)
V. Motion made by Howard Neisen and seconded by Duane McCarty that the
meeting be adjourned. Carried unanimously.
Meeting adjourned at 10:10 P.M.
Ruth ,4't-, Secretary
ATTACHMENTS - (5)
QUESTIONS REQUIRING TEGAL ADVICE
40 1. Can a Charter impose a percentage limit on the,increase from year to year of the
City operating budget (in addition to any other statutory limits)?
2. Can a Charter restrict or prohibit the issuance of Revenue Bonds to acquire or
construct industrial sites under the Minn. Municipal Ind. Dev. Act?
3. Can a Charter restrict or prohibit the conveyance of tax forfeited or City owned
lands to private interests for the purpose of promoting industry?
4. Can a Charter restrict or prohibit the establishment of development districts or
the issuance of bonds under the Development District Act?
5. What kinds of prohibitions and restrictions can or cannot a Charter place on General
Revenue Bonds, Revenue Bonds and General Obligation Revenue Bonds?
6. For what types of bond instruments can a Charter provide that voter approval be
obtained?
7. Can a Charter limit tax levies for bonds to actual principal, interest and debt
service costs plus any over-collection required by law?
8. Can a Charter require voter approval for Certificates of Indebtedness issued for
purposes other than to nreet emergencies or disasters?
9. Can a Charter require voter approval for special assessments? If so, can the vote
• be restricted to those assessed?
10. What kinds of restrictions and prohibitions can or cannot a Charter place on special
assessments?
11. Can the 35% Statutory requirement for initiating a special assessment proceedings
through petition be increased by a Charter?
12. Can a Charter limit levies for a special assessment to actual principal, interest
and debt service costs?
13. For special assessments, can a Charter require that assessment of unplatted or
undevelopedPropertybe postponed or deferred until after platting or development
has occurred?
14. Can a Charter define legal benefit for purposes of special assessment?
15. What kinds of prohibitions or restrictions can or cannot a Charter place upon
improvement benefit districts, irovement bonds, improvement warrents and temporary
bonds?
16. Can a Charter specify the disposition of any over-collection on bonds after
statutory requirements are met?
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5/16/79 NL
REPORT
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COMMI'rnE: Administration, Taxation, and Finance
MEETINGS: City Hall 9:00 A.M. 3/31/79
6:00 P.M. 4/9/79 r
-01 The Council is the herd of the administration. The Council shall
appoint a Clerk-Administrator to assist in the administration of
city affairs.
-02 Duties of the Clerk-Administrator
Subdivision 1 (As is)
Subdivision 2 (Submitted with copy of Minutes of 4/18/79)
411-03 CITY TREASURER
The Council shall appoint a Treasurer. This office shall be separate
from that of the Clerk-Administrator.
-04 DEPARTMENT HEADS
The City Council shall appoint such other and further officers and
personnel as may be required to operate the city efficiently. The
City Council shall determine the qualifications thereof and prescribe
the duties to be performed by each, except as otherwise prescribed in
this Charter.
Department Heads are directly responsible to the Council. While they
may make decisions of a daily routine nature in operation of their
departments, all questions of major policy must be referred to the
• Council itself.
C( MIaa : Administration, Taxation, and Finance Page (2)
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-O4 DEPARTMENT HEADS - (cont'd)
In fulfilling this supervisory function, administrative officials
should perform the following tasks: Lang and short term department
planning, organization, direction and coordination of the work load,
reporting in person at frequent intervals to both the Council and
to the general public, and budgeting, both preparation and execution.
The Heads of Departments and other officers of the City shall attend
any meeting of the Council at which his presence is requested by the
Council. Department Heads will coordinate the activities of their
departments with the Clerk-Administrator.
• -05 PURCHASES AND CONTRACTS
All City purchases and contracts may be made by the Clerk-Administrator
when the amount involved does not exceed $ . All other
purchases shall be made and all other contracts let by the Council.
Contracts shall be made in compliance with the Uniform Contracting Law.
1henever competitive bids are required, the contract shall be let to the
lowest responsible bidder. All contracts, bonds and instruments of any kind
to which the City is a party, shall be signed by the Mayor and the Clerk-
Administrator on behalf of the City, and shall be executed in the name of
the City. The Council may by Ordinance adopt further regulations for the
making of bids and letting of contracts.
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CHAPTER 7 (Rough Draft)
TAXATION AND FINANCES
Sec. 7.01. Council to control finances. The council shall have full
authority over the financial affairs of the city except as limited or
prohibited by the state constitution, state laws , or this charter. It
shall provide for the collection of all revenues and other assets, the
auditing and settlement of accounts, and the safelseeping and disbursement
of public moneys.
Sec. 7.02. Fiscal year. The fiscal year of the city shall be the calen-
dar year.
Sec. 7.03. System of taxation. Subject to the state constitution, and
except as forbidden by it or by state law, the council shall have full
power to provide by ordinance for a system of local taxation. This author-
ity includes the power by ordinance to assess, levy, and collect taxes
on all subjects or objects of taxation except as limited or prohibited by
the state constitution, by this charter or by laws imposing- restrictions
upon the city irrespective of charter provisions.
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Sec. 7.04. Submission of budget. Annually the city staff shall submit
to the council its recommended budget in accordance with a budget calen-
dar to be established by ordinance or, in the absence of ordinance, Sept-
ember 1.
The budget shall provide a complete financial plan for all city funds and
activities for the ensuing fiscal year and, . except as required by law
or 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 fiscal 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. For each
utility operated by the city, the budget shall show anticipated net sur-
plus or deficit and the proposed method of its disposition; and subsidiary
budgets for each such utility giving income and expenditure information
"'shall be included or attached as appendices. The total proposed opera-
ting budget to be provided from the property tax shall not exceed the
Page 2.
amounts authorized by law and this charter. In addition to any other
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limits, the total proposed operating budget to be provided from the prop •
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erty tax shall not increase more than 6 per cent over the preceding year
Sithout submission to the voters for approval. Consistent with these
provisions, the budget shall contain such information and be in the form
prescribed by ordinance and by law.
Sec. 7.05. Long-term financial plan. Subdivision 1. The planning com-
mission, if such there be, shall prepare and submit to the council a rec-
ommended long-term financial plan no later than 6/1 of each year, com-
mencing with the calendar year 1980. The council shall hold a public'
hearing on the long-term financial plan and adopt it with or without a-
mendment no later than 8/15. The financial plan shall consist of four
elements as specified in subdivisions 2-5.
Subd. 2. The public services program. The program shall be a five-year
plan for al] public services, estimating future needs for recreation,
fire protection, police protection, and so on. It shall measure the
objectives and needs for each city department , the standard of services
desired, and the impact of each service on the annual operating budget .
•ubd. 3. The capital improvement plan. This program shall consist of
projects and facilities that are or will be needed by the city in carry-
ing out the anticipated program of public services. It shall include a
list of all capital improvements proposed to be undertaxen during the next
five fiscal years, with appropiate supporting information as to the necess-
ity for such improvements ; cost estimates, method of financing and recom-
mended time schedule for each such improvement ; and the estimated annual
cost of operating and maintaining the facilitye$ to be constructed or ac-
quired. This information shall be revised and extended each year for cap-
ital improvements still pending or in process.
Subd. 4. ' A Long- term ;revenue program. This program shall consist 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 on the basis
of a five-or six-year period of the capital or money requirements for the
above described programs. It shall list a priority for each anticipated
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investment in community facilities and balance this with a consideration
of the availability of necessary revenues.
Page 3.
Sec. 7.06. Council action on budget. The budget shall be considered at
the first regular monthly meeting of the council in September and at sub-
frequent 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 not later than the first week of October 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 clerk shall certify the tax resolution to the county auditor in ac-
cordance with law .not later than October 10. Adoption of the budget resol-
ution shall constitute appropiations at the beginning of the fiscal year
of the sums fixed in the resolution of the several purposes named.
Sec 7.07.. Enforcement of the budget . The city council shall enforce
strictly the provisions of the budget. It shall not authorize any payment
err the incurring of any obligation by the city unless an appropiation •
has been made in the budget resolution and there is a sufficient unexpend-
ed balance after deducting the total past expenditures and encumbrances
against the appropiation. 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 correct-
ness and reasonableness.
Sec. 7.08. Alterations in the budget. After the budget resolution has
been adopted, the council shall not exceed the amounts fixed in the resolu-
tion beyond the estimated receipts except to the extent that actual re-
ceipts exceed the estimate. At any time the council may, by resolution
approved by a majority of its members, reduce the sums appropiated for
Page 4.
any purpose by the budget resolution or authorize the transfer of sums
from unencumbered balances of appropiations in the budget resolution to
•other purposes.
Sec. 7.09. Funds. There shall be maintained in the city treasury a gen-
eral fund and such other funds as may be required by statute, ordinance ,
or resolution. The council may, by resolution or ordinance, make inter-
fund loana, except from trust and agency funds, as it may deem necessary
La, 9' approp ate.
Gsfey
Sec. 7.10. A Indebtedness. Subdivision 1. Except as provided in Sections
7.11 and 7.12, no obligationsshall be issued to pay current expenses, but
the council may issue and sell obligations for any other municipal purpose
in accordance with law and within the limitations prescribed by law. Ex-
cept in the case of obligations for which an election is not required by
this charter or by law, no such obligations shall be issued and sold with-
out the approval of the majority of the voters voting on the question at
a general or special election.
Subd. 2. In addition to any other limitations prescribe4y law, no obli-
wgation in excess of $50,000 will be issued, except for purposes of public
improvements, without the approval of the majority of the voters voting
on the question in a general or special election. If the voters do not
approve the issuing of the obligations, the question of authorizing the
obligations for the same purpose and in the same amount may not be sub-
mitted tD the voters within a period of 180 days from the date the elec-
tion was held. If the question of authorizing the obligations for the
same purpose and in the same amount is not approved a second time, it may
not be submitted to the voters within a period of one year after the sec-
ond election.
Sec. 7.11. Anticipation certificates. At any time 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 matur-
ity 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, Such cert-
ificates shall be issued on such terms and conditions as the council may
determine, but they shall become due notater than April 1 of the year
a
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following their issuance. The proceeds of the tax levied and such state
or federal aids as the governing body may have allocated for the fund a-
•ainst which tax anticipation certificates are issued and the full faith
and credit of the city shall be irrevocably pledged for the redemption of
the certificates.
Sec. 7.12. Emergency debt certificates. If in any year the receipt from
taxes or other sources should from some unforseen cause become insufficient
for the ordinary expenses of the city , or if any calamity or other public
emergency necessitates the making of extraordinary expenditures, the
council may by ordinance issue on such terms and in such manner as the
council determines emergency debt certificates to run not to exceed three
years. A tax sufficient to pay principal and interest on such certificates
with the margin required by law shall be levied as required by law. The
ordinance authorizing the issue of such emergency debt certificate shall
state the nature of the emergency and be approved by at least four members
of the council. It may be passed as an emergency ordinance.
• ADMINISTRATION, TAXATION , AND FINANCE COMMITTEE
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NOMINATIONS AND ELECTIONS
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 place or places as the city council may designate. The
city clerk shall give at least 15 days published notice of the time
and place of holding such election and of the officers to be elected,
but failure to give such notice shall not invalidate the election.
Special Elections.
The council may by resolution order a special election and provide all
means for holding it. The clerk shall give at least 15 days published
notice of a special election. The procedure at such election shall con-
form as nearly as possible to that prescribed for other city elections.
Filing for office.
No earlier than 37 days or later than 30 days before the municipal election,
any voter of the city qualified under the state constitution for elective
office may, by filing an affidavit and paying a filing fee,in an amount
as set by ordinance,to the city clerk, have his name placed on the
municipal ballot;.
Canvass of Elections.
.T ( The council shall meet and canvass the election returns within five days
after any regular or special election, and shall make full declaration of
vthe results as soon as possible, and file a statement thereof with the
h; city clerk. The city clerk shall forthwith notify all persons of their
election.
The City Council shall act as the elections canvassing board. The canvas
C9 sing board shall meet within two days after the final count of votes
(ballots) to determine the eligibility of winning candidates and shall
make full declaration of the results as soon as possible. The clerk
shall forthwith notify all persons of their election.
Vacancies of Municipal Elected Offices in cases of death or resignation.
If a vacancy in an elected office of the city should occur, due to the
death or resignation of an elected official, with more than months
remaining in the vacated office, there shall be a special election held,
within _ days after the vacancy or vacancies occur, to elect a successor
to serve for the remainder of the unexpered term of the office vacated.
In the case of a vacancy where there remains less than months in the
unexpired term, under this section, the council shall by a majority vote
appoint a successor to serve for the remainder of said term.
Procedure at elections.
Subject to the provisions of this charter and applicable state laws, the
council may by ordinance further regulate the conduct of municipal elect-
ions. Except as otherwise provided in this charter or in ordinances
adopted pursuant thereto, the general laws of the State of Minnesota pre-
taining to elections shall apply to municipal elections.
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Initiative, Referendum, and Recall
"'Powers Reserved by the People.
The people of Mounds View reserve to themselves the power, in accordance
with the provisions of this chapter, to initiate and adopt any ordinance
except an ordinance appropriating money or authorizing the levy of taxes,
to require such an ordinance when passed by the council to be referred
to the electors for approval or disapproval, and to recall elected public
officials. These powers shall be called the initiative, the referendum,
and the recall respectively.
Petitions
An initiative or referendum shall be initiated by a petition signed by
registered voters of the city equal in number to _ percent of those who
voted in the last preceding city election. Each petition shall be spon-
sored by a committee of five voters whose names and addresses shall
appear on the petition on file in the city clerks office. Each signer
shall sign his/her name and give his/her street address. Each seperate
page of the petition shall have appended to its certificate, verified
by oath by the petitioner, that each signature is the genuine signature
of the person whose name it purports to be. Immediately upon receipt of
the petition, the city clerk shall examine the petition as to its suffi-
ciency and report to the council within 20 days. Upon receiving the re-
port, the council shall determine by resolution the sufficiency of the
petition.
�If the council determines that the petition is insufficient or irregular,
he city clerk shall deliver a copy of the petition, together with a
written statement of its defects, to the sponsoring committee. The comm-
ittee shall have 30 days in which to file additional signature papers and
to correct the petition in all other particulars.
Initiative.
Any ordinance, except an ordinance relating to the appropriation of money
or the levy of taxes, 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. The petition for initiative shall follow the petition require
ments as outlined in (section for petitions) . If the petition submitted
under this section is found to be sufficient the ordinance 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 30 days after adoption unless the ordinance
specifies a later effective date.
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Recall Election
If the petition or amended petition is found sufficient, the city clerk
shall transmit it to the council without delay, and shall also officia-
•lly_notify the person sought to be recalled of the sufficiency of the,
petition and of the pending action. The council shall at its nextmeet-
ing, by resolution, provide for the holding of a special recall election
not less than thirty days nor more than forty-five days after such meet-
ing, but. if_ any other election is to occur within sixty days after such
meeting, the council may in its dthscretion provide for the holding of
the recall vote at that time. The city clerk shall include with the
published notice of the vote the statement of the grounds for the recall
and also, in not more than five hundred words, the answer of the officer
concerned in justification of his/her course of office.
Vacancy in office by recall
If a vacancy of a municipal office occurs due to recall the vacancy so
created shall be filled as provided in (section on vacancy by death or
resignation) .
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