HomeMy WebLinkAbout09-14-1993 MOUNDS VIEW CHARTER COMMISSION MINUTES
111 SEPTEMBER 14 , 1993
I . Call to Order
Secretary Julie Trude , as Chair Pro Tem , called the meeting to order
at 7 : 08 p .m . in the Mounds View City Hall .
II . Roll Call
Present : Lloyd Bardwell , Jerry Linke , Dave Long , Duane McCarty ,
Richard Oman , Laurie Schley , Julie Trude , Ruth White and Bill Werner .
Absent ( excused ) : Virgil Beyer , Len Burgers , Sue Hankner , Bob Toborg
and Arlene Werdien . Absent ( unexcused ) : Ray Vandeveer .
• III . Approval of Minutes
Motion by Laurie Schley , second by Jerry Linke , to approve the Minutes
of the June 22 , 1993 meeting as submitted . Motion passed with 6
ayes and 3 abstentions .
IV . New Business
The Chapter 4 re-write , prepared by Richard Oman was reviewed by the
410 commission . Richard Oman agreed to prepare a re-draft incorporating
the recommended changes of wording in Sections 4 . 01 , 4 . 04 and 4 . 05 ,
subd . 3 . Several minor changes were also noted .
During the commission ' s discussion of local elections a question arose
as to whether Mounds View may control its own elections , setting its
own filing fee pursuant to the Minnesota Constitution Article 12 ,
Sec . 2 and Minn . Stat . 410 . 21 . This item will need to be reviewed
with the League of Minnesota Cities ' staff attorney .
Upon the motion of Laurie Schley , seconded by Richard Oman , the commission
voted unanimously to table the discussion of Section 5 . 05 as submitted
by Duane McCarty until the entire chapter has been re-drafted . Sue
Hankner will be contacted to re-write the balance of Chapter 5 .
Richard Oman will re-write the balance of Chapter 6 including the
earlier proposal he submitted defining the clerk-administrator ' s duties .
Issues raised in revising Chapter 8 will require the advise and counsel
of an experienced municipal lawyer . The commission agreed this input
will be required soon because the review of the re-writes is nearly
complete . The attendance of the entire commission will be critical
at the point we review the legal issue set asides . The importance
of regular attendance was discussed and the possibility of developing
a policy was discussed briefly .
IlkV . Agenda for Sept . 28 , 1993
The agenda for the next meeting , Tuesday , September 28 , 1993 , 7 p . m .
at City Hall will be as follows :
AGENDA Sept . 28 , 1993 :
411 1 . Discuss attendance policy
2 . Discuss meeting schedule ; annual meeting
3 . Discuss lawyer interview date
4 . Review Chap . 7 re-draft ( everyone should have )
5 . Review Chap . 9 & 10 re-draft ( to be distr . at meeting )
VI . Adjournment
Upon the motion of Laurie Schley , seconded by Jerry Linke , the commission
members voted unanimously to adjourn the meeting at 8 : 47 p . m .
Respectfully submitted
Julie Trude
ecretary
***For members who were absent , the commission plans to meet the 2nd and
4th Tuesdays of each month , per our by-laws , until our work is complete
or we vote for a different schedule .
MEETINGS : Sept . 14 , Sept . 28
Oct . 12 , Oct . 26
Nov . 9 , Nov . 23
***Chapter Reviews Completed , to be prepared in final form :
Chap . 1 , 2 , 3 , 4 , 11 & 12 .
***Chapters needing to be drafted and distributed :
Chap . 5 ( Sue Hankner ) , Chap . 6 (Richard Oman ) - to be disc . Oct . 12
Chap . 9 & 10 ( Duane McCarty ) - for Sept . 28
Revised by L. Schley
• September 27, 1993
CHAPTER 1
NAME, BOUNDARIES, POWERS
AND GENERAL PROVISIONS
Section 1 . 01 . Name and Boundaries. The City of Mounds
View, Ramsey County, Minnesota sha++-eentnue-to-fie is a
municipal corporation ander-that-name-and with the same
boundaries as are now are-er-hereafter-may-be established.
The-a+er#-ad n4strater-sha+.1-keep-4n-h sfher-offee-at
least-twe-eep.ies-ef-th.is-eharter-wth-amendments7-and-sha+.1
maintain-in-eaeh-espy-an-aeearate-up-te-date-deseription-e€
the-beaadares---The Current copies of the charter,
amendments, and boundary descriptions sha++ must be
available for public inspection anytime during regular
• office hours at City Hall.
Section 1 . 02 . Powers of the City. The city shaI+-have
has all powers wh eh-4t-fay-new-of-herea€ter-be 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. ft- s-the-intent.ien-e€
This charter to confers upon the city every power which it
would have ±€-4t were it specifically mentioned, unless
otherwise provided in this charter. The charter sha++ 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 sha3
• be is a public act and need not be pleaded or proved in any
case.
• Revised by L. Schley_
November 6 , 1993
CHAPTER 3
COUNCIL PROCEDURE
Sec. 3 .01 . Council Meetings. The council sha++ will
meet regularly at least twice eaeb monthly at such times and
places as the council may designates by ordinance. The
mayor or any two members of the council may call special
meetings of the council upen with at least twenty-four hours
notice to each member, and such reasonable public notice as
may-be prescribed by council rule in compliance with the
+aws-ef Minnesota law. The twenty-four hour notice shaI+ is
not be required in an emergency. To the extent provided by
law, all meetings of the council and its committees sha}}
must be public, and any citizen sha++ may have access to the
• minutes and records of the council at all reasonable times.
During any of its public meetings, the council sha++ cannot
prohibit, but may place reasonable restrictions upon
citizen' s comments and questions.
Sec. 3 . 02 . Liaison Function. Councilmembers sha++
will be assigned as liaison to city departments. Their
assignments siva+ -be will rotated periodically and siva}}
involve no administrative responsibility.
Sec. 3 .03 . Rules of Procedure and Quorum. Except as
otherwise provided in this charter, the council she}}
determines its own rules and order of business. A majority
of all members siva+i constitutes a quorum to do business,
but a smaller number may adjourn from time to time. The
eeuneii-may-by-ra+e-provide-means-by-Wl ieh A minority may
compel the attendance of absent members in accordance with
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state law.
410
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-be 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 shall must be by ordinance. The-vete-ea-all
erdinanees-shall-be-by-a-cell-eall-vete- A roll call vote
is required on all ordinances.
Subd. 3 . The general administrative business of the
council shall must be conducted by resolution or motion.
Sec. 3 .05. Procedure on Ordinances. Every proposed
ordinance shall must be presented in writing and read in
• full before adoption, unless the reading is dispensed with
by unanimous consent of the council. No ordinance shall may
contain more than one subject. The Stteh subject shall
should be clearly expressed in its title. The enacting
clause shall be, "The City of Mounds View ordains. " No
ordinance, except an emergency ordinance, shall may be
adopted at the meeting at which it is introduced and at
least fourteen days shall 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-whieh The ordinance the-emergeney-is-detined
ane -deelared- n-a-}preamble-therete must define the emergency
in its preamble. An emergency ordinance must be approved by
a majority of available members of the city council . An
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. 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 sha++
remains 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
ordinance has been adopted, filed with the clerk-
administrator, and has either been posted in three
conspicuous places in the city, or published as provided for
in this charter, er unless the person charged with violation
thereat violating the emergency ordinance had actual notice
of the ordinance prier-te before the act or omission which
resulted in the violation resulting-in-the-preseet tier.
Sec. 3 .07 . Signing and Publication of Ordinances.
Every ordinance adopted by the council shall must be signed
by the mayor, and attested to, filed and preserved by the
• clerk-administrator. Every ordinance shall must be
published at least once in the official newspaper as soon as
praetieabie practical, and sha++ must be preceded by a
summary of its-eentents the ordinance. Te-the-emtent-and-ire
the-manner-prey dad-icy-+aw -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.
o
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 shell}
3
• takes effect immediately upon its adoption or at saeh-+ater
elate-as- t-speees the specified date. Every other
ordinance siva++ takes effect thirty days after its
publication or at such later date as .it-speer€yes specified.
Sec. 3 .10. Amendment and Repeal of Ordinances and
Resolutions.
Subdivision 1. An ordinance or resolution which
repeals aii-er any part of a previous ordinance or
resolution sha.li must give the number, if any, and the title
of the ordinance or resolution to be repealed ft-whe+e-er-in
part. No ordinance or resolution sha+ may be amended by
reference to the title alone, but an ordinance or resolution
which amends saeh an ordinance or resolution shat+-set-€erth
fl-€a+} must indicate each omission or addition seetiea-er
rubel v s.ien-to-He-a teneleel-anel-shaI+-inelieate by appropriate
type or symbols matter-te-He-ertt heel-er-aeleleel. Amendment or
repeal of an ordinance sha++ requires a majority vote of all
110 lie-members-e€-the councilmembers, unless otherwise provided
in this charter or by state law.
Subd. 2. An ordinance or resolution passed under the
initiative power sha+ may not be repealed or amended by the
council except by submission of the question to the voters
e€-the-eleesAen by the council at a regular municipal or
special election.
Sec. 3 .11 . Review and Revision of Ordinances and
Indexing of Resolutions. The city ska++ must review, revise
and rearrange its ordinance code and its resolution index
with sueh additions and deletions as may-be deemed necessary
by the council at least once every 'we five years. The
erdinanee-eerie-and-the-reselutien-}velem-mai*-He-pub shed-gin
Heel;-pamph+et;-er-+ease-leaf-farm;-anal Copies of the
ordinance code and the resolution index sha++ must be made
available by the council at the-e€f ee-a€-&he-e erk-
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administrater city hall for general distribution to the
•
public for a reasonable charge. iaeerperatien- n-saeh-a
eerie-siva+i-be-a-suff eient-pubIieatien-e€ 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 'he-of€iee-ef-the-aleck--
administrater city hall .
•
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Revised by Laurie Schley
• November 6, 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 sha+}
provides for the collection of all revenues and other
assets, and the auditing and settlement of accounts. It
shah-€afthei 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-be is the calendar year.
Sec. 7.03 . System of Taxation. Subjeet-to-the-state
eenstitutien;-enol-emeept-as-fort dden-icy-it-er-state-lana;
The council shall-have has full power to provide by
ordinance for a system of local taxation as permitted bv
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, by this charter or by state law- mpesmg
restrietiems-upon-the-eity-irrespeetve-a€-eharter
previs4ons-
Sec. 7 . 04 . Submission of Budget.
Subelvisien-I- Annually The clerk-administrator she+1
must submit annual budget estimates to the council the
budget-estmates in accordance with a budget calendar to-be
established by resolution. The budget she++ must provide a
1111
• complete financial plan for all city funds , including
utilities, and activities for the ensuing fiscal year and
emeept-as-requAred-by-state-law-er-this-eharber;-sha++-be-gin
saeh-farm-as-the-eeane+i-may-regare in a form as prescribed
by ordinance and state law. It sha++ includes a summary and
chew-in details 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-add en-be-shew ng-prepesed
expend bares-fuer-earrent-eperatAens; It sha++ must also show
proposed capital expenditures te-be-made-daring for the year
and their proposed method of financing eaeh-sueh-eap ta+
expendtane. The total proposed operating budget to be
provided from the property tax shall not exceed the amounts
authorized by state law and this charter. eensistent-w bh
these-prey.is4ens;-the-budget-shaI+-eenta n-saeh-4nermatAen
and-be-gin-the-farm-preser4bed-by-erd.inanee-and-by-abate-+aw-
Sabd--2---Fer-eaeh-atity-eperabed-by-the-a.ity;-4ts
• budget-aha+l-shew-ant eipated-net-sarp+as-er-de ieit-and-the
prepesed-methed-a€-4ts-diapeaitient-and-subs duty-budgets
fuer-eaeb-saeh-at ty-giving- neeme-and-empenditure
.infermatAen-aha++-be- neiaded-er-attaehed-as-append4ees-
Sec. 7 .05. Long-term Financial Plan.
Subdivision 1. The city council aha+I-have must
prepared a long-term financial plan commencing in the
calendar year 1980. The city council sha++ must hold a
public hearing on the long-term financial plan and adopt it
by ordinance with or without amendment. The financial plan
aha++ consists of four three elements as specified in
subdivisions 2-54 which follow.
Subd. 2 . A Long-term Revenue Plan Pregram. This plan
pregram aha++ consists of a tentative revenue policy which
describes long-term plans for financing public services and
capital improvements.
•
2
Subd. 3 . The Public Service Plan Program. The plan
•
program sha++-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 shaii measures
the objectives and needs for each city department, the
standard-ef-serviees-desired indicates expected outcomes of
services provided, and indicates the impact of each sueh
service on the annual operating budget.
Subd. 4. The Capital Improvement Plan. This plan
pregram s}ia+i consists of projects and facilities that are
or will be needed by the city in carrying out the
anticipated program of public services. It shai+ includes a
list of all capital improvements proposed te-be-enderta#en
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 saeh improvement; and the
estimated annual cost of operating and maintaining the
• facilities to be constructed or acquired. It includes a
capital budget which summarizes the capital requirements of
the public service plan and the capital improvement plan for
the next five years and prioritizes anticipated 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 I
process.
Baled -5 --Phe-eapitai-Budget7--This-program-shall-be-a
summary-en-the-iasis-et-a-five-year-period-a€-the-eapitai-er
money-requirements-ter-the-above-deseribed-programs---it
shall-fist-a-priority-ter-eaeh-antieipated-investment-in
eemmunitp-€aeiiities-and-baianee-this-with-a-eensideratien
ef-the-avaiiabiiity-a€-neeessarp-revenaes-
Subd. 6 5. A summary of the long-term financial plan
siva+i must be published in the city newsletter annually.
411 3
Sec. 7.06. Council Action on Budget.
411 Subdivision 1 . Phe-budget-shall-ire-eensidered-at-the
€ rst-regular- nent.hly-Meeting-ef-the-eeanel-in-September
and-a .-subsequent-meetAngs-antAi-a-budget- s-adapted-€er-the
ensuing-year- The council must, by budget resolution, adopt
the budget at the time required by law. The budget is the
principal item of business at regular council meetings at
the time required by law and at subsequent meetings until
the budget is adopted. The-feetAngs-shall-be-se-eendaeted-as
to-gve Interested citizens must be given a reasonable
opportunity to be heard. The council may revise the
proposed budget but ne an amendment to the budget shall may
not increase the authorized expenditures to an amount
greater than the estimated 4neeme revenues. Phe-eeune l
shall-adept-the-budget-lay-a-reseat.ien-that-shall-set-€erth
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. prev4ded-gin-the-budget;-and The clerk-
administrator shall must certify the tax resolution to the
county auditor in accordance with state law. Adeptien-ef
the-budge .-resela . en-shad-eenst tate-apprepri.atiens-at-the
lseginning-ef-the-€.iseal-year-e€-the-sats-f+mad-4n-the
reselaten-of- .he-several-parpeses-sated- The sums fixed in
the budget resolution are appropriated for the purposes
identified in the budget resolution.
Subd. 2 . At-least-twe-weeks-befere-the-budgets
adapted-€er-the-ensa4ag-€seal-yeaf; At the time when the
tax resolution is certified to the county auditor for the
ensuing year, a summary shall-lie-g van- n- .he-eity
newsletter;-42,1-draft-farm; of the total proposed city budget
must be published in the city newsletter or the official
4
newspaper. Sueh The summary shall-be-set-forth must be in
language and form designed to be readily understood by the
layperson taxpayers.,-and-shall The summary must include the
amount of the total proposed budget, and expected changes in
either the city's tax levy, market values of property in the
city, and the services provided to residents and businesses.
The summary must also provide appropriate supporting
information as to the necessity for any increase in the
total budget over the total for the current fiscal year ;
Het Failure to prevlde-tete-speer€reel publish the summary
will not invalidate the budget.
Sec. 7.07. Enforcement of the Budget. The city
council shall enforces strletIy the provisions of the
budget. It stall 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 siva+
piaee-any-ereler-er- tame-any-perehase-emeept-fer-a-perpese
and-te-the-ameunt may spend any funds unless authorized in
the budget resolution. Any obligation incurred by any
employee persen-4n-the-efp+ey of the city for any purpose
not authorized in the budget resolution, or for any amount
in excess of the amount authorized, seta++ will be a personal
obligation incurred by the employee epen-the-persen
neurt4mg-the-ebb gatAen. No check sha++ 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. whe-veeehes-€er- .s-eerreetnes -anel-reasenab+eness-
• 5
• 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 heyei -the
estimated-reee pts except to the extent that actual receipts
exceed the estimate. At anytime 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-sha++-ire-ma,ista rted- a-the
e ty-treasary 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 may deems necessary and appropriate.
• Sec. 7. 10 . City Indebtedness.
Subdivision 1 . Except as provided in sections 7. 11 and
7 .12, no obligation sha+1 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_
amd-1a h n-t ie-±im tatAens-preset4ised-iay-+aw- Except in the
case of obligations for which an election is not required by
this charter or by state law, no such obligations sha++ 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 eaeh-sieh proposed
certificates sha++ must be published in the city newsletter
or the city newspaper, but failure to give such description,
or any defect in the description, sha++ cannot invalidate
the certificate.
111 6
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. Sueh
eeptifieates-siva++-be- slued-en-sued-tefms-and-eend ens-as
the-eeune �-nay-determine--but-they-siva++-beee te-else-net
+ester-Mian-Apr4+-I-a€-the-year-fe+.1ew ng-ther- ssuaaee-
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-preeeeds-of-t ie-tam-le. ed-and-seelystate-er-federa+
aids-as-the-geverning-bedy-stay-have-a++seated-fer-the-fund
against-wh4eh-tam-ant4eipatien-eert eater-are-issued;-and
• the-fu++-fa th-and-eredit-ef-tine-e ty-siva++-be-irreveeab4y
pledged-fer-tie-redetptien-ef-tie-eert4f4eates- 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 pledged for the
redemption of the certificates.
Sec. 7. 12 . Emergency Debt Certificates.
Subdivision 1 . If-4n-any-year-the-reeeipt-fret-taxes
er-ether-seurees-sten+d-f rent-lute-unf erseen-eause-beeene
.insuff a ent-fer-the-erdinary-expenses-ef-the-eity;-er- f
any-ea+army-er-atter-pub+4e-etergeney-neeess.itates-tete
making-ef-extra-erd nary-expendtures;-the-eeuneil-stay-by
erdinanee- ssue;-en-sueh-teens-and- n-stied-mannan-as-the
eettnei+-determ nes;-emengeney-debt-eert. f4eates-te-run-net
te-emeeed-three-years---A-tai€-ruff a ant-te-pay-pi4ne4pa+
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and-+merest-en-saeh-eert f4e:ates-w+th-the- targ4n-requ red
• lip-}aw-steal+-ise-+ey ed-as-reela4red-by-±awl--The-erd sanee
autheri ing-the- ssee-of-saeh-emergency-debt-eertifieates
sha+c-state-the-nature-ef-the-emergency-and-be-appreVed-by
at-+east-three- tethers-ef-the-eeane.i+---ft-may-he-passed-as
an-efergeney-erd.namee- Emergency debt certificates may be
issued by the council for purposes and in the manner
prescribed by law.
•
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