HomeMy WebLinkAbout07-11-1979 MOUNDS VIEW CHARTER COMMISSION
411
Special Meeting
MINUTES
WEDNESDAY, JULY 11, 1979
I. Meeting called to order by Chairman, Bill Doty, at 7:40 P.M.
II. ABSENT MEMBERS: Milan Illig Carol Ziebarth
William Werner Curt Schmidt
Jim Wills Don Hodges
TARDY: Dave Notaro (arrived at 8:55 P.M. )
III. Motion made by Bill Doty to forego reading the minutes of Wednesday,
June 27, 1979, until the next regular meeting date of July 25th.
Seconded by Duane McCarty. Carried unanimously.
IV. Motion made by Neil Loeding that Curt Schmidt be further excused from
1111 attending meetings until such time as his health permits. Seconded by
Dick Lykke. Carried unanimously.
V. Neil Loeding expressed the opinion that the purpose, duties and respons-
ibilities of the Drafting and Phraseology Committee be clarified. Also,
Duane McCarty expressed his desire to be a member of the committee.
Following discussion, a motion was made by Neil Loeding that the Drafting
and Phraseology Committee be authorized to liberally interpret their in-
structions from the commission so as to expedite the goals set for the
assigned duties of the committee. This authority would specifically include
permission to change meaning where required and appropriate. Also, that
Duane McCarty be appointed a member of the committee. Seconded by Lowell
Nygaard. Vote: (1) Nay. Motion carried.
VI. Because of the difficulty of obtaining a quorum to do business, due to
vacations, a motion was made by Duane McCarty that (7) commission members
be established as a quorum to do business and (4) members to decide a question,
with the provision that a majority of the entire commission would be necessary
to approve a final draft of the Charter. Seconded by Howard Nelsen.
MV Charter Commission - Special Meeting - Minutes - (Cont'd. ) Page (2)
411
VI. - continued
Following discussion, Howard Nelsen withdrew his second, and Duane McCarty
withdrew his motion in order to re-phrase his motion. Thereupon, a motion
was made by Duane McCarty that the Quorum call be changed in the motion
of Curt Schmidt, seconded by Bill Werner, as recorded in the minutes of
11/20/78, page 2, from 8 to 7 and the call of a question from 5 to 4, with
the provision that a final draft of the Charter must be approved by a majority
of the entire commission. Seconded by Howard Neisen.
Following discussion, a motion was made by Neil Loeding that the motion
be amended to change the Quorum requirement from 7 to 6. Seconded by Dick
Lykke. Motion as amended passed. Vote: (1) Nay.
Howard Neisen excused from meeting at 8:35 P.M.
VII. Motion made by Duane McCarty that Chapter 1, "Name, Boundaries, Powers and
General Provisions", as submitted by the Phraseology Committee, be approved
as amended by the commission incorporating the terminology of his/her
wherever applicable. Seconded by Neil Loeding. Carried unanimously.
VIII. Motion made by Dick Lykke that Chapter 2, "Form of Government", as submitted
by the Phraseology Committee, be approved as amended in the same manner as
Chapter 1. Seconded by Wally Skiba. Carried unanimously.
IX. Motion made by Dave Notaro that Chapter 3, "Council Procedure", as submitted
by the Phraseology Committee, be approved, as amended, and that the secretary
be permitted to insert punctuation, if necessary, when typing drafts of the
Charter. Seconded by Dick Lykke. Carried unanimously.
X. Motion by Neil Loeding that the secretary be instructed to mail to the
following persons a copy of the first three chapters, as amended, of the
proposed city charter, and solicit their comments, and request that they
respond to the commission by the 1st of August, 1979. Seconded by Lowell
Nygaard. Carried unanimously.
All members of the M.V. City Council, including City Attorney
General Counsel, League of Minnesota Cities
M.V. Clerk-Administer
Chairpersons of all City Commissions:
Planning Commission Police Civil Service
Park & Recreation Festivities
Lakeside Park Safety
Human Rights
411 Presidents of M.V. : J.C. 's, Lions, League of Women Voters and
Senior Citizens
MV Charter Commission - Special Meeting - Minutes - (Cant'd. ) Page (3)
410
XI. Motion made by Dick Lykke that Chapter 8, "Public Improvements and Special
Assessments", and Chapter 9, "Iminent Domain", be approved as amended by
the Commission in their meeting of June 28, 1979, and refer them to the
Phraseology Committee for final drafting. Seconded by Wally Skiba. Carried
unanimously.
Dave Notaro excused at 11:00 P.M.
XII. Chapter 7, "Taxation and Finances", as submitted by the committee, was
reviewed and amended. (see attached) .
Thereupon, a motion was made by Duane McCarty, seconded by Wally Skiba,
that Chapter 7, as amended, be referred to the Phraseology Committee for
final drafting. Carried unanimously.
XIII. Motion made by Duane McCarty, seconded by Lowell Nygaard, that Chapters
#10, "Franchises", #11, "Public Ownership and Operation of Utilities",
and #12, "Miscellaneous and Transitory Provisions", be approved as sub-
mitted by the committee, and be referred to the Phraseology Committee for
final drafting. Carried unanimously.
•
XIV. Motion made by Duane McCarty, seconded by Wally Skiba, that the meeting
be adjourned. Carried unanimously.
Adjourned 12:00 o'clock midnite.
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Ruth te, Secretary
Attachment
•
CHAPTER 7
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• 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
safekeeping and disbursement of public moneys:
Sec. 7.02. Fiscal Year. The fiscal year of the city shall be the calendar 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 authority includes the power by
4111 ordinance to assess, levy, and collect taxes on all subjects or objects of taxation
except as limited or prohibited by the state constitution, by this Charter or by
state laws imposing restrictions upon the city irrespective of Charter provisions.
Sec. 7.04. Submission of Budget. Subdivision 1. Annually the city staff shall
submit to the council its budget estimates in accordance with a budget calendar to
be established by ordinance or, in the absence of ordinance, September 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 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.
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In addition to showing proposed expenditures for current operations, it shall show
411
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 surplus 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 operating budget to be provided from the property tax shall not exceed
the amounts authorized by state law and this Charter. Consistent with these pro-
visions, the budget shall contain such information and be in the form prescribed by
ordinance and by state law.
Subd. 2. At least two weeks before the budget is adopted for the ensuing fiscal
year, and not later than September 15, the council shall cause to be mailed to
residents of the city a summary, in draft form, of the financial plan. Such summary
shall be set forth in language designed to be readily understood by the layman, and
in addition to the information listed in subdivision 1, shall provide appropriate
supporting information as to the necessity for any increase in the budget over the
total for the current fiscal year.
Sec. 7.05. Long-term Financial Plan. Subdivision 1. The planning commission,
if such there be, shall prepare and submit to the council a recommended long-term
financial plan no later than June 1 of each year, commencing with the calendar year
1980. The council shall hold a public hearing on the long-term financial plan and
adopt it by ordinance with or without amendment no later than August 15. The
financial plan shall consist of four elements as specified in subdivisions 2 - 5
which follow.
Subd. 2. The Public Services Program. The program shall be a five-year plan
for all public services, estimating future needs for recreation, fire protection,
police protection, and so on.
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It shall measure the objectives and needs for each city department, the standard
• of services desired, and the impact of each such service on the annual operating
budget.
Subd. 3. The Capital Improvement Plan. This program shall consist of projects
and facilities that are or will be needed by the city in carrying out the anticipated
program of public services. It shall include a list of all capital improvements
proposed to be undertaken during the next five fiscal years, with appropriate
supporting information as to the necessity for such improvements; cost estimate,
method of financing and recommended time schedule for each such improvement; and
the estimated annual cost of operating and maintaining the facilities to be constructed
or acquired. This information shall be revised and extended each year for capital
improvements still pending or in process.
aSubd. 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 of the basis of
a five or six year period of the capital or money requirements for the above de-
scribed programs. It shall list a priority for each anticipated investment in
community facilities and balance this with a consideration of the availability of
necessary revenues.
Subd. 6. No later than September 15 of each year, the council shall cause to
be mailed to residents of the city a summary of the features of the long-term
financial plan prepared as provided in subdivisions 2 - 5 of this section. The
summary shall be set forth in language designed to be readily understood by the
• layman.
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• 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 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 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 accordance with state law not later than October 10.
411 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.
Sec. 7.07. Enforcement of the Budget. The city council shall enforce strictly
the provisions of the budget. It 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.
•
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• 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.
Sec. 7.08. Alterations in the Budget. After the budget resolution has been
adopted, the council shall not exceed the amounts fixed in the resolution beyond
the estimated receipts except to the extent that actual receipts exceed the estimate.
At any time the council may, by resolution approved by a majority of its members,
reduce the sums appropriated for any purpose by the budget resolution, or authorize
the transfer of sums from unencumbered balances of appropriations in the budget
•
resolution to other purposes.
Sec. 7.09. Funds. There shall be maintained in the city treasury a general
• fund and such other funds as may be required by state law, ordinance, or resolution.
The council may, by resolution or ordinance, make inter-fund loans, except from
trust and agency funds, as it may deem necessary and appropriate.
Sec. 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections
7.11 and 7.12, no obligations shall be issued to pay current expenses, but the
council may issue and sell obligations for any other municipal purpose in accordance
with state law and within the limitations prescribed by law, Except in the case
of obligations for which an election is not required by this Charter or by state
law, no such obligations shall be issued and sold without the approval of the
majority of the voters voting on the question at a general or special election.
Subd. 2. The council shall cause to be mailed to residents of the city a de-
scription of each proposed issue of an obligation.
•
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Such description shall include the purpose, type, amount, term, and estimated
interest rate of the obligation, whether or not the faith or credit of the city
is to be pledged for the obligation, the classification by location or otherwise
of the taxpayers who are to be taxed or assessed for the obligation, an estimate
of the cost of the obligation to representative taxpayers, and to what extent the
proposed issue meets or bears relationship to the needs of the city as defined
pursuant to Section 7.05 of this Charter. Additionally, the mailing shall include
a prominently displayed notice that, over a 10 day period during business hours,
a record book will be maintained at the office of the clerk-administrator wherein
affected taxpayers, upon presenting identification, may record their signatures
as in favor of or adverse to the proposed issue. The record book shall be permanently
bound with serially numbered pages, and shall be retained as part of the public
records of the city. After the close of the 10 day period for the opinion poll,
• the council shall cause a summary of the proposal and the poll results to be dis-
tributed to as many residents of the city as is feasible. This distribution shall
be made at least 2 weeks before a public hearing is held or a final decision is
made by the council on the proposed issue.. The provisions of this section shall
not apply to the issuance of obligations undertaken under Section 3.06 of the
Charter, or to the funding of improvements which have been petitioned for by all
of the owners in frontage of the real property abutting on the streets named in the
petition as the location of the improvement.
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.
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411 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. Such certificates shall be issued on such terms and conditions as
the council may determine, but they shall become due not later than April 1 of
the year following their issuance. The proceeds of the tax levied and such state
or federal aids as the governing body may have allocated for the fund against
which tax anticipation certificates are issued, and the full faith and credit
of the city shall be irrevocably pledged for the redemption of the certificates.
Sec. 7.12. Emergency Debt Certificates. Subdivision 1. If in any year the
receipt from taxes or other sources should from some unforseen cause become in-
sufficient 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 certificates shall state the nature of the emergency and be approved
by at least three members of the council. It may be passed as an emergency ordinance.
Subd. 2. For each issue of an emergency debt certificate, the city council shall
make a full report to the residents of the city as soon after issuance of the
certificate as is feasible. Such report shall include a statement of the nature
of the emergency, the purpose, amount, interest, rate, and term of the certificate,
the estimated cost to representative taxpayers, and to what extent the issue meets or
bears relationship to the needs of the city as defined pursuant to Section 7.05 of
4110
this Charter.
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