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HomeMy WebLinkAbout04-08-2004 Mounds View Charter Commission April 08,2004 • Mounds View Charter Commission Minutes Meeting April 08, 2004 1. Call to order -The meeting came to order at 7:01 PM 2. Roll Call—Present-B.Amundsen,B.Doty,J. Miller,M. Sandback, B. Thomas, J. Thomas, William Werner, Sr Absent— Excused- M.Eenigenburg,D.Friemuth,B. Mori I. Approval of agenda and minutes Motion by B.Doty, second by B. Amundsen to approve agenda as written UNAMIMOUS APPROVAL Motion by B.Doty, second by J. Miller; to approve minutes of March 11,2004 as amended in 8.c.Adding"to"between similar and Chapter 11. APPROVED Abstaining: W. Werner, Sr. 4.L Citizens comments from the floor Jim Ericson: Re: Resolution 2004-1 Council response time line and concerns • William Werner, Sr.:Re: Charter Chapter 7,Draft 4, p9—will the Commission be reviewing Chapter 7, subdivision 3? Chair J. Thomas responded the commission would be looking at it this evening. Reports of the Chair Chair had a very good trip. Chair commented that the meeting would end by 8:30 pm this evening due to several members notification of need to leave the meeting early. Reports of members William Werner, Sr.: Re: suggested that Chapter 7; subdivision 04 should have reference to city enterprises, like the golf course, included for budgetary review by the City Council. Unfinished Business None presented. 8. New Business a. Review any new information for Charter Section 7.06—7.08 B.Amundsen reported on Revision—Draft 4. He stepped through each change currently included in the draft,the status of Charlie Hansen's response and announced that Charlie would be present at the Commission meeting in May. Discussion with Commission about the suggested language changes occurred.,recap here: Page 1 of 2 Mounds View Charter Commission April 08,2004 7.04 sub01 Language acceptable with no changes. III 7.04 sub02 Request to have a reference to"enterprises"along with utilities. 7.04 sub03 Typo corrections, other content acceptable with no changes. 7.05 Language acceptable with no changes in any subdivision 1 thru 6. 7.06 sub 01 Typo corrections, confirmed Statute275.065 time line exist, move word"total of"after estimate and before income and reserves. Request definition of"the source of revenues and character of expenditures"from Charlie Hansen. Acceptable language content otherwise. 7.06 sub02 Change sequence of notifications to "City official newspaper,the City newsletter, and/or City website." Replace"minimum of one"to"ten days prior to the", add"final draft"between public and review. B.Amundsen directed to talk with C. Hansen about the time line for truth in taxation. 7.06 sub03 Correct"proceeding"to"preceding" 7.07 Motion by W. Werner, Sr., second by B. Thomas to replace language from"The City Council.... control at the department" with"The City Council shall strictly enforce the provisions of the budget. It shall be the duty of the Clerk-Administrator to strictly enforce the detail provisions of the budget. Each Department head, or other staff, shall be responsible for budgetary control at the source of revenues and character of expenditure level. This is to insure that each expenditure is necessary and justified and subject to Council review." Motion APPROVED B.Amundsen further directed to add a footnote that"the source of revenues and character of expenditures"is defined as"line items of the budget". 7.08 Add"excluding Just and Correct Claims"to end of paragraph. 7.12 Typo corrections and language content accepted. B.Amundsen directed to accept all language as presented with the evening comments added as underlined for Draft 5. 9. Adjournment Meeting adjourned at 8:30 PM due to two members leaving for the evening and loss of quorum. Chair adjourned meeting. Respectfully submitted, Brian Amundsen, Secretary =z di a 1 4 _s_A3,„:,), 4 ,0 • 404 API 1 • Page 2 of 2 Mounds View Charter Commission Date: April 2, ,2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 4 Pagel of 9 i Object ves: 1.) in 7.06.01Change September requirement for public hearing to be a simple reference requiring compliance with the State Statute pertaining to Truth in Taxation for timing but retain the requirement to hold a public meeting even if State Statute would not require it. Also remove the word"monthly"as it is not consistent with other references to "regular council meetings." 2.) in 7.06.02 Change to "two week"time line to be something more easily complied with. 3.)Address ambiguity of"object level"etc. per Charlie Hansen's Memo of November 13, 2002 4.) in 7.12.02 Delete Section? CHAPTER? TAXATION AND FINANCES Section 7.01 Council to Control Finances. (no changes) Section 7.02 Fiscal Year. (no changes) 111 Section 7.03 System of Taxation. (no changes) Section 7.04. Submission of Budget. Subdivision 1. Annually, on or before the 15`h calendar day of September of each year or as specified by MN statute 46547 275.065. as amended, the Clerk- Administrator shall submit to the Council the budget estimates for funds levying property taxes for the ensuing fiscal year and an accompany summary message in accordance with a budget calendar to be established by resolution. The budget calendar .. •/\fl.fitR4 4..f."fi%-f J•LOAML4..MU1ffil U171 ;OM't �i IPi\Ri fifilffiiiiiiiiiiiii V V Council approval. 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 City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 • r Revision—Draft 4 Page2 of 9 includingdebt service show in detail all estimated income and all proposed expenditures, and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall contain such information and be in the form prescribed by ordinance the City Council.fis-eu-rrent polieratiapted1)-,-and-bye. Subdivision 2. For each utility operated by the City, its 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. Subdivision 3. The Clerk-Administrator message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organization goals and community priorities. It shall outline the proposed financial policies and programs of the city for the ensuing fiscal year and the impact of those policies and programs compared to the cities current five year plan, as adopted by the Council b June 1. . • . . • .. • . .. .._ . years. It shall describe the important features of the budget, indicate any major City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 4 Page3 of 9 • yearin financialpolicies, expenditures,and revenues changes from the current p together with the reasons for such changes, • : '••••, • ; - • :• . -•', : • -• • ' •• • • - • • • •• •; • • • _ . It shall Ssummarize the city's debt position, including factors affecting the ability to raise resources through debpt issues, and include such other material as the Clerk-Administrator deems desirable or requested by the Council. Section 7.05 Long Term Financial Plan. (no changes) Subdivision 1. The City Council shall have prepared a long-term financial plan commencing in the calendar year 1980. The City Council shall hold a public hearing on the long-term financial plan and adopt it by ordinance with or without amendment by June 1 of • each year. The financial plan shall consist of four elements as specified in subdivisions 2-5 which follow: Subdivision 2. The Public Service Program. The program shall be a continuing five-year plan for all public services, estimating future needs for the public health,safety and welfare of the City. 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. Subdivision 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 110 City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 4 Page4 of 9 improvements proposed to be program of public services. It shall include a list of all capitalp p p 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. Subdivision 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. • Subdivision 5. The Capital Budget. This program shall be a summary on the basis of a five-year period of the capital or money requirements for the above described 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. Subdivision 6. A summary of the long-term financial plan shall be published in the City newsletter annually before August 1. Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt the budget calendar by June 1st. The calendar will establish the time line for Clerk-Administrator development and submission of the budget, public review and comment and Council action and City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 411 Revision—Draft 4 Pages of 9 d et in accordance with MN�te Sstatute 275.065 ? . as adoption of the proposed bug ( ) amended. and time lines, : • • • % • •• •• : • - ". 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 budget calendar will provide a 30 day period for public review and input to the annual budget prior to Council approval. 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 total estimate income and reserves.bcndmcntto the estimated income. The Council shall adopt the budget by a resolution that shall set forth the total for each budgeted fund and each department with such segregation as to objects the source of revenues and character of expenditures as the Council deems necessary for purposes consideration of the budget control. The Council shall also adopt a resolution levying the amount of taxes provided in the budget, and the Clerk-Administrator shall certify the tax resolution to the County Auditor in accordance with state law. Adoption of the budget resolution_shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. Subdivision 2. At least two weeks bBefore the budget is adopted for the ensuing fiscal year, a summary shall be given in the City Newsletter, city website. and/or 4110 City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 4 Page6one of 9 in draft form, of the budget allowinga minimum of authorized city newspaper, g regular council meeting for public review and comment prior to Council action adopting the proposed budget. Such summary shall be set forth in language designed to be readily understood by the layperson, and shall provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year,but failure to provide the specified summary will not invalidate the budget. The final Council adopted budget will be published in the City Newsletter and website to the public in accordance with truth in taxation state statutes, or no later than 60 days after adoption by the Council. Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal year,the proceeding months fiscal year budget shall go in to effect for an additional thirty-one (31) days or until the Council adopts a budget, whichever is shorter. Section 7.07. Enforcement of the Budget. The City Council shall enforce strictly the provisions of the budget, It shall be the duty of the Clerk-Administrator to enforce strictly the provisions of the budget-with the level of budgetary control at the department. The Clerk Administrator shall identify department heads or other staff who shall be responsible for each fund or department in the annual budget. These individuals shall be responsible for compliance with the annual budget, as amended, and for all expenditures for their departments and funds. I{They shall not authorize any payment or City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 4 Page7 of 9 ro 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 and in compliance with the purchasing policies of the City established by the City Council under the City Charter. the City Code and state statute.:Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation.No check shall be issued or transfer made to any account other than one owned by the City until the claim to which it relates has been supported by an itemized • bill, payroll, or time sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness. Section 7.08. Alterations in the Budget. After the budget resolution has been adopted,the Council may amend the budget by resolution but shall not increase the amounts fixed in the resolution beyond the estimated receipts and/or reserves, except that estimated receipts exceed the estimate or to issue and exercise of Section 7.12 herein. 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 to increase reserves, or to authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes, provided, however, the Clerk Administrator may 11110 City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 4111 Revision—Draft 4 Page8 of 9 make transfer of sums within the major expense classification in a department. The department manager may not transfer appropriations between major expense classifications within a department nor may the Clerk Administrator or manager transfer appropriations between departments without council approval shall not increase the actual receipts exceed the estimate. At : - • '--- -- :•--• : •, : • - = . •=- : :: : -6 resolution, or authorize the transfer of sums fro - . ----• -- 6- -- -- ---- appropriations in the budget resolution to other purposes. Section 7.09. Funds. (no changes) Section 7.10. City Indebtedness. (no changes) Section 7.11. Anticipation Certificates. (no changes) Section 7.12. Emergency Dept Certificates. Subdivision 1. If in any year the receipt from taxes, availability of reserves or other sources should for some unforeseen 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 • City of Mounds View Mounds View Charter Commission Date: April 2, , 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 4 Page9 of 9 and in such manner as the Council determines, emergency debt certificates not to exceed 10%of the total City budget and to run not to run exceeding 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. Subdivision 2. A description of each such proposed certificate shall be published in the City Newsletter, but failure to give such description, or any defect in the description, shall not invalidate the certificate. • • City of Mounds View Clty of a J CHARTER COMMISSION MEETING Mounds 7:00 PM 8, 2004 • Thursday, April View Mounds View City Hall Council Chambers CYrarterCommission Preliminary AGENDAAIPOs �I Chair ' 1. Call to Order I 410 Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michele Sandback 763-783-1770 i✓Jonathan J Thomas _✓Bill Doty //Barbara Thomas _✓Michele Sandback Matthew Eenigenburg ,_/William Werner, Sr 2nd Vice Chair Daniel Freimuth PSC Daniel Freimuth ✓Jean Miller 763-780-3371 '✓Brian Amundsen P,i<William Mori Secretary Brian Amundsen 3. Approval of agenda and minutes 763-786-5699 Bill Doty Review and approve agenda 763-786-3421 Approval of March 11, 2004 Minutes Matthew Eenigenburg 763-783-7216 4. Citizens comments from the floor •-786-3959 5. Reports of the Chair William Mori 763-784-3645 ; 6. Reports of members nnrhara Thomas 7, Unfinished Business 763-78 763-780-6226 William Werner Sr 8. New Business 763-784-3603 20 min Review any new information for Charter Section 7.06-7.08 20 min Review any new information for Charter Section 7.10-7.12 20 min Review any new information for Charter Chapter 11 20 min Review time line for remaining items and their priorities. 15 min Discuss next month's and future agenda items. 9. Adjournment gf: 411 • City of Mounds View Memo To: Charter Commission From: Kurt Ulrich, City Administrator " Item Title/Subject: Outstanding Charter Commission I ems Date: April 21, 2004 On November 24, 2003, the City Council passed a motion postponing several Charter items not to exceed 2 months. This additional time was allowed so the City Attorney could review the issues of the Charter Commission membership and for staff to provide copies of the Charter Commission minutes. On February 2, 2004, at a Council work session, the Council discussed Charter Commission Issues as an agenda item and reviewed a letter from City Attorney Riggs (Dated February 2, 2004) in regard to Charter Commission issues (see attached). The Attorney's report concluded that the membership reduction to ten members was done properly. The Council took no formal action. On February 9, 2004, the issue regarding the Police Civil Service Commission was presented to the City Council. The City Council considered the request from the Charter Commission, and was asked to provide direction on whether to abolish the Police Civil Service Commission or amend the Charter to remove the apparent conflict. Abolishment of the Police Civil Service Commission would require a unanimous vote. By motion, it was decided at this meeting to request the Charter Commission to review Section 202 of the Charter, specifically excluding the Police Civil Service Commission and such other commissions, as it may deem necessary from the restriction of not allowing any commissions that would serve an administrative function. Two Proposed Charter Commission resolutions have yet to be acted upon by the Council: 1.) Charter Commission Resolution No. 2003-04; dated October 10, 2003 The Charter Commission adopted a resolution (2003-04) with suggested amendments to the Charter relating to the Mayor's powers and duties (see attached). 2.) Charter Commission Resolution No. 2003-05; dated October 10, 2003 The Charter Commission also adopted this resolution (2003-05) with suggested amendments to the Initiative, Referendum and Recall section of the Charter (see attached). The Attorney advised that a review of this Section due to recent Minnesota case law in regard to recall is in order. The Attorney has been requested by me to prepare a review of the proposed • Section 5 and both of the outstanding Charter Commission Resolutions will be placed on the May 1 th agenda for Council consideration. Mid Ulrich City Administrator • •