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HomeMy WebLinkAbout10-12-1993 (7 I f {� dLi, S- 1 MOUNDS VIEW CHARTER COMMISSION MINUTES OCTOBER 12 , 1993 411 I . Call to Order Chair Len Burgers called the meeting to order at 7 : 08 p . m. in the Mounds View City Hall . II . Roll Call Present : Virgil Beyer , Len Burgers , Sue Hankner , Jerry Linke , Dave Long , Richard Oman , Laurie Schley , Julie Trude , Bill Werner , Arlene Werdien and Ruth White . Absent (excused ) : Lloyd Bardwell , Duane McCarty and Bob Toborg . Absent (unexcused ) : Ray Vandeveer . III . Approval of Minutes Motion by Laurie Schley , second by Sue Hankner , to approve the Minutes of the September 28 , 1993 meeting as amended . Motion passed with 7 ayes and 3 abstentions ( 1 member arrived after this vote ) . IV . Charter Review Review of Chapter 5 : • Sue Hankner distributed copies of her re-draft of Chapter 5 and reviewed the proposed changes with the commissioners . The following items were changed from her draft and will be incorporated in her re-draft : ( 1 ) § 5 . 02 - The committee may obtain a sample petition . . . ; ( 2 ) §5 . 04 - 10 days will be allowed for each review of the petition by the city ; (3 ) §5 . 05 - insert "proposed ordinance " where relevant . The commission decided a legal opinion would be required about whether we should refer to financial and budget ordinances in §5 . 05 as in the Model Charter . No section for Recall had been drafted . The commission discussed the use of Recall , comments from Mr . Kennedy ' s memo and questioned exactly how state law operates when there is malfeasance or nonfeasance . The commissioners also felt a definition of malfeasance should be obtained . No consensus was reached on whether to remove the Recall section from the charter , limit its operation to cases of nonfeasance or malfeasance or delete the entire reference to recall . Further discussion was postponed until additional information could be obtained . Review of Chapter 4 ' s most recent re-draft : Richard Oman distributed his re-draft of Chapter 4 and explained the few minor changes made since the previous draft . The notice used in §4 . 01 will also be referred to in §4 . 05 , subd . 2 and subd . 5 for uniformity . -2- 10/12/93 Review of re-draft of Chapter 6 : Richard Oman distributed and reviewed the proposed re-draft of 111 this chapter . The only change was to re- insert §6 . 04 , "City Treasurer . " Review of Chapter 8 in original Charter : Chapter 8 was read by Jerry Linke . The commissioners agreed the language was confusing because of lengthy sentences and complicated , confusing procedures . The commissioners agreed that the goals of Chapter 8 are to get the public involved early in the process of planning for public improvements to be financed by special assessments . Decision-making should be delayed by elected officials until there is adequate public notice ( through a newsletter or other means? ) and the public can be heard ( public hearing ) . Jerry Linke ' s re-draft was briefly reviewed . The commission suggested he re—draft Chapter 8 with the above goals included in the process . V . Agenda for October 26 , 1993 AGENDA - Oct . 26 , 1993 , 7 p .m. : 1 . Chair ' s annual report per by-laws 2 . Review re-drafts of Chapters 8 , 11 & 12 3 . Set schedule for future meetings VI . Adjournment • Upon the motion of Virgil Beyer , seconded by Dave Long , the commission voted unanimously to adjourn at 9 : 37 p . m. Respectfully submitted , -� ulie Trude , Secretary w CHAPTER 8 411 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Revised 10/20/93 by Jerry Linke Section 8 . 01. Power to make Improvements and Levy Assessments. The City may make any type of public improvement not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. Section 8. 02 . Effective Charter Provisions. All Llocal improvements (the term "local improvement" shall means a public improvement financed partly or wholly from special assessments against benefitted properties) ohall be carried out exclusively under the provisions of this Charter, or state law. Section 8 . 03 . Local Improvement Ordinances and Regulations. Within 90 days after this Charter goes into effect, The Council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment Districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, • financing of said assessments, and the certifying of unpaid assessments for collection by the proper county officer. Said ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, re-assessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments per provisions of this Charter and State Law. After the adoption of such ordinancc(s) providing ohall conform to the regulations as set forth in such ordinancc(s) and as otherwise contained in this Charter. Section 8 . 04 . Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be instituted by either; (1) the petition of at least twenty five thirty-five percent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the • council shall by resolution set a date for a public hearing on the proposed improvement, s-etting forth therein the- time, place and purpose of such hearing. Such resolution shall be described in the 410 e-f-ficnewsletter of the City no less than two weeks prior to the date of the said hearing, and in addition- thereto, a copy of such resolution including estimated unit prices and estimated total his/her last known address at least two weeks prior to the date of said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City Council shall receive any written and oral statements, and hear any petitioners for er against the proposed improvement. A period of sixty days shall elapse after the public hearing before - = taken by the Council on the proposed improvement. If within such si • _ - • _ __ , - - - - such improvement be filed with the Council, signed by a majority the improvement has been petitioned for, signed by a number of the _ - - - _ = itiencd for the improvement, the Council shall not make such improvement at the expense of the by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the - _ _ . - - - - - - • - - the Council may disregard the petition against the improvement. Any person whose name appears on a petition to the Council for a lo al improvement, or on a petition • against a local improvement, may withdraw his/her name by a statement in writing filed with the Council before such petition is presented to the Council. Before the Council awards a contract for an improvement, or before the Council shall have the power to assess any portion of the cost of an improvement to be made under a cooperative agreement with another political subdivision for sharing the cost of making such improvement, the Council shall hold a public hearing on the proposed improvement. The hearing shall follow a publication in the city newsletter and two publications in the official newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost, both in total and in unit costs, and the area proposed to be assessed. The two publications in the official newspaper shall be a week apart and the hearing shall be at least three days after the last publication. Not less than 10 days before the hearing, notice thereof shall also be mailed to the owner of each parcel within the area proposed to be assessed, but failure to give mailed notice or any defects in the notice shall not invalidate the proceedings. The Council shall secure from the city engineer or some competent person of its selection a report advising it in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement • as recommended; but no error or omission in such report shall invalidate the proceedings unless it materially prejudices the interests of an owner. The Council may also take such other steps prior to the hearing, including, among other things, the preparation of plans and specifications and the advertisement for bids thereon, as will in its judgment provide helpful information in determining the desirability and feasibility of the improvement. The hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing. The resolution ordering the improvement may reduce, but not increase, beyond 10 percent, the extent of the improvements as stated in the notice of hearing. Whenever all owners of real property abutting upon any street named as the location of any improvement shall petition the Council to construct the improvement and to assess the entire cost against their property, the Council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement. Subdivision 2 . Regardless of the provisions in Subdivision 1, when leas more than 100 10 percent of the estimated cost of a proposed local improvement is to be paid for by opccial assessment a general tax levy for that proposed improvement, within the oixty thirty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the Council, signed by a majority of the number of electors who voted for mayor in the last regular municipal election, protesting against either the improvement, or the assessment formula, or both. In this event, the Council shall not proceed with the improvement, as proposed. 410 Subdivision 3 . When a proposed improvement is allowed under the foregoing subdivisions the Council may proceed at any time between oixty thirty days and one year after the public hearing on the improvement, unless a different time limit is specifically stated in the resolution ordering the improvement. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost by more than ten percent. Subdivision 4 . When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Section 8 . 05. Assessments for Services. The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property, as allowed by law, may be assessed against property benefitted and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8 . 03 of this chapter. Draft #2 by J . Trude CHAPTER 11 111 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11 . 01 Acquisition and Operation of Utilities . The City may own and operate any gas , water , heat , power , light , telephone or other public utility to supply its own utility needs and/or to supply utility service to private consumers . The City may , pursuant to a regularly-adopted ordinance , construct or acquire all necessary facilities to supply utility service . The City Council supervises all city-owned utilities . Section 11 . 02 . Rates and Finances . Following a public hearing with notice as described in Section 11 . 06 , the Council will set , 110 by ordinance , just and reasonable rates , fares and prices for city utilities. The Council must endeavor to make each utility financially self-sustaining . The Council prescribes the time and method for making city utility payments . The Council may adopt other necessary regulations , including penalties for violation of these regulations . Section 11 . 03 Purchase in Bulk . The Council may purchase in bulk and resell gas , electric , water and other utilities at just and reasonable rates . A public hearing with notice as described in Section 11 . 06 must be held before the Council sets the rates for these utilities . • Section 11 . 04 Lease of Plant . The Council may , in order to serve the public interest , lease the operation of any city Draft #2 utility to a responsible person , co-partnership or corporation . 111 The lease contract must be adopted pursuant to a regularly-adopted ordinance and must include the rates and conditions of operation . This contract will not exceed ten years . Section 11 . 05 Sale of Public Utility . The full terms of the sale or disposition of any city owned public utility , including the sales price , must be stated in an ordinance . This ordinance must be approved by a majority of the registered voters voting on the ordinance at a general or special election . The Council must hold a public hearing with notice as described in Section 11 . 06 before the ordinance is submitted to a vote . Section 11 . 06 Notice of Public Hearing . The City Council • must publish notice of any public hearing required in this Chapter in at least two places . One notice must be in the official city newspaper and the other may be a city newsletter or a special city mailing . Notice must be published at least ten days prior to the hearing . The Council may also provide additional notice . • I .c/z Revised by Richard Oman 1111 10-10-93 CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS SEC . 6 . 01 . Administrative Responsibility. The council is responsible for the administration of the city. The council will appoint an administrative officer to assist in the administration of city affairs . For purposes of reference in this charter, this administrative officer shall be referred to as the clerk- administrator. Sec . 6 . 02 . Administrative Organization. Subdivision 1 . The council will by ordinance establish city departments, offices, and agencies and prescribe their functions. No power or duty conferred by this charter upon a particular office or agency will be transferred to any other. Subd. 2 . The city council will hire heads of departments, and such other and further officers and personnel as may be 1111 required to operate the city efficiently. Thecity council will determine the qualifications thereof and prescribe the duties to be performed by each, except as otherwise prescribed in this charter. Subd. 3. The heads of departments and other officers designated by the council will report in person to the council and to the public at least once each quarter at a regularly scheduled council meeting Section 6 . 03 . Powers and Duties of the Clerk-Administrator The powers and duties of the clerk-administrator include those of the clerk in a statutory city, as directed by council, as contained in this charter, and, but not limited to, the following: ( a) Supervise and certify municipal elections; (b) Record all proceedings of the council; ( c ) Record all ordinances in their entirety; (d) Maintain a complete record of all financial transactions of the city; (e) Prepare reports relating to municipal projects; ( f ) Prepare an annual financial statement, annual fiscal budget, and capital improvement plan, and other financial reports required by law; ( g) Submit periodic reports to the council on the financial condition of the municipal accounts ; (h) Supervise employees, programs, and activities, and advise the council in regarding employees and employee • labor contracts; ( i ) Be fully informed regarding federal , state, and county programs which affect the city; ( j ) Consult with appointed officials and with other public or private agencies as may be required; ( k) Develop and prepare news releases and public relations material; ( 1 ) Perform all other duties required by the council. Revised by Richard Oman • 10-10-93 CHAPTER 4 NOMINATIONS AND ELECTIONS Sec. 4.01 . The Regular Municipal election. The regular municipal election will be held on the first Tuesday after the first Monday in November of each even numbered year at such places as the city council will designate. Notice must be given by the clerk-administrator at least thirty days prior to the election by posting a notice in at least one public place in each election precinct, and by publishing a notice at least once in the official newspaper. The notice must state the time and places of holding the election and of the officers to be elected. Failure to give the notice does not invalidate the election. Elected and qualified officers provided for by this charter will assume the duties of office to which they were elected on the first business day in January following the election. Sec. 4.02 . Filing for Office . An eligible voter of the city may file for election in the manner prescribed by law. Sec. 4 . 03. Procedure at Elections. The council may by ordinance further regulate the conduct of municipal elections, consistent with the provisions of this charter and applicable law. Sec. 4.04 . Special and Advisory Elections . The council may by resolution order a special or advisory election and provide the means for holding the election. Notice must be given by the clerk-administrator at least thirty days prior to the election by posting a notice in at least one public place in each election precinct, and by publishing a notice at least once in the official newspaper stating the time and the places of holding the election. Failure to give the notice does not invalidate the election. Sec. 4 . 05. Vacancy of Municipal Elected Office . • Subdivision 1 . When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there must be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subd. 2 . The clerk-administrator must give at least sixty days published prior notice of the special election, except as set forth under subd. 5 of this section. Subd. 3. The procedure of the election must conform as nearly as practical to that prescribed for other municipal elections under this charter. Assumption of duties of elected officers following the election will occur as soon as practical after the canvassing board certifies the election. Subd. 4. In the case of a vacancy where there remains less than 365 days in the unexpired term, the council will by a majority vote appoint a successor to serve for the remainder of the term. In the case of a tie vote of the council, the mayor will make the appointment. Subd. 5. When a vacancy occurs within 120 days prior to a • regular municipal election date, the special election to fill the vacancy will coincide with the regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of the vacancy must be published as soon as is practical . If, within the 120 day period before a regular municipal election, the vacancy occurs in the office of mayor or in the office of either or both of the councilmembers whose seats are to be decided in the election, the vacancy shall be considered not to exist for purposes of the election. However, if the vacancy occurs in the office of either or both of the two councilmembers whose terms are not up for election, the seat will be filled by the candidate for councilmember with the third and fourth highest vote totals respectively. Subd. 6 . If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the city council will fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the council, the mayor will make the appointment. Revised by Richard Oman 10-10-93 CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS SEC. 6 .01 . Administrative Responsibility. The council is responsible for the administration of the city. The council will appoint an administrative officer to assist in the administration of city affairs. For purposes of reference in this charter, this administrative officer shall be referred to as the clerk- administrator. Sec. 6 .02 . Administrative Organization. Subdivision 1 . The council will by ordinance establish city departments, offices, and agencies and prescribe their functions . No power or duty conferred by this charter upon a particular office or agency will be transferred to any other. Subd . 2 . The city council will hire heads of departments, and such other and further officers and personnel as may be required to operate the city efficiently. The city council will 4111 determine the qualifications thereof and prescribe the duties to be performed by each, except as otherwise prescribed in this charter. Subd. 3. The heads of departments and other officers designated by the council will report in person to the council and to the public at least once each quarter at a regularly scheduled council meeting Section 6 .03. Powers and Duties of the Clerk-Administrator The powers and duties of the clerk-administrator include those of the clerk in a statutory city, as directed by council, as contained in this charter, and, but not limited to, the following: ( a) Supervise and certify municipal elections; (b) Record all proceedings of the council; (c ) Record all ordinances in their entirety; (d) Maintain a complete record of all financial transactions of the city; ( e ) Prepare reports relating to municipal projects; ( f) Prepare an annual financial statement, annual fiscal budget, and capital improvement plan, and other financial reports required by law; ( g) Submit periodic reports to the council on the financial condition of the municipal accounts; (h) Supervise employees, programs, and activities, and advise the council in decisions regarding employees and employee labor contracts; ( i ) Be fully informed regarding federal, state, 410 and county programs which affect the city; ( j ) Consult with appointed officials and with other public or private agencies as may be required; (k) Develop and prepare news releases and public relations material; ( 1 )Perform all other duties required by the council.