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Home My WebLink About06-10-2004 Mounds View Charter Commission June 10,2004 • Mounds View Charter Commission Minutes Meeting June 10, 2004 1. Call to order -The meeting came to order at 7:02 PM 2. Roll Call—Present-B. Amundsen, B. Doty,J. Miller, B. Mori,B.Thomas, J. Thomas Absent—D.Friemuth, William Werner, Sr Excused- M. Eenigenburg, M. Sandback, 3. Approval of agenda and minutes Motion by B. Doty, second by B. Mori to approve agenda as amended moving Charter Chapter 11 to first item of Unfinished Business UNANIMOUS APPROVAL Motion by B.Doty, second by J Miller to approve minutes of May 13, 2004 as amended for"unanimous" spelling UNANIMOUS APPROVAL 4. Citizens comments from the floor None presented 5. Reports of the Chair . a. Chairx ressed sorrow and extended support to family of Greg Johnson, = e Mounds View Planning Commission who passed away recently. '64.0 Mr Johnson had been a long standing member of the Planning Commission and his contributions and knowledge will be missed. b. Chair read response from attorney Scott Rags of Kennedy and Graven 'F regarding Charter Section 7.10 on indebtedness and requirement for voter approval. Mr. Rigs feels that MN Statute 475.58 excludes the electoral Sam requirement since 20%of the indebtedness will be repayable by the property owners of the 2003 Street Improvement project c. Resolution 2004-01 regarding Charter Chapter 4.02 Filing for Office as amended was adopted by the City Council as Ordinance 736. 6. Reports of members None 7. Unfinished Business a. Review any new information for Charter Chapter 11. B. Thomas reported no new information from the House research staff. B. Thomas re-emphasized that many state statutes exist for control of city ownership and management of utilities and now believes this language may be unnecessary J. Thomas agreed with the assessments and believes re-writing Chapte 11 will be substantial and difficult as Chapter 7 with difficulty in refe nces to statute. B. Amundsen disagreed with concept of removi the language from the charter and tow. ane, ecc. 3aorc� A-4~s.. Page 1 of 2 �.J Mounds View Charter Commission June 10,2004 • recommended continued research and offered help in writing Chapter 11. B.Mori requested how Worthinharter example was chosen and offered to help pull info from League.of Minnesota Cities.B.Thomas replied that she knows, attorney WO; h nQton and he offered the knowledge from their charter. --��• 8. New Business a. Chair J.Thomas updated group on status of language and need to submit to voters. He doesn't believe any language we are working on or any we could prepare would be ready by August for the county to put on a ballot this November. 9. Adjournment Meeting adjourned at 7:55 PM due to a member leaving for the evening and loss of quorum. Chair adjourned meeting to a working group. 10.Working group discussion on Charter Section 7.06—7.08 B.Amundsen reported on Revision—Draft 6. Brian explained that current draft has all previous agreed to changes now accepted and compared to original charter language. A few spelling errors were noted and the following language adjustments were suggested for the next draft. Objectives: Add reasons for each section corrections 7.04 sub04 Correct wording of introduction and move positions of the line "Annual Budget Calendar Adopted" before"Five Year Plan Published to Public" 7.05 sub06 Correct wording ordering from annually 7.06 sub 01 Correct phrasing show development of time line as subject. 7.06 sub02 Drop"of the budget"phrase on line 3 and create new second paragraph for last sentence 7.06 sub03 Correctly spell"adopt" 7.07 Remove second"strictly" 7.08 Replace"issue and exercise"with"implementation" 7.10 sub01 Check statute reference 7.11 Correct redundant language starting paragraph. 7.12 Correct redundant language of"not to"and correctly spell "exceeding" Respectfully submitted, Brian Amundsen Secretary o, PI I 44 • Page 2 of 2 jek tes.4,40 r-COL, 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone Graven (612) 337-9310 fax CHARTER E D http://www.kennedy-graven.com SCOTT J.RIGGS • Attorney at Law Direct Dial(612)337-9260 Email: sriggs@kennedy-graven.com May 19,2004 VIA FACSIMILE &U.S.MAIL (763) 784-3462 Mr. Kurt Ulrich City Administrator City of Mounds View 2401 Highway 10 Mounds View,MN 55112 RE: Interpretation of City Charter Section 7.10 Our File No. MU210-4 • Dear Kurt: Pursuant to your request and in follow up to information previously forwarded to me by City Finance Director Charles Hansen, I am forwarding this opinion to you regarding the interpretation of City Charter Section 7.10 in reference to the following question: Does the language of City Charter Section 7.10 require the City to conduct an election prior to the issuance of general obligation bonds for the financing of a street reconstruction project that is to be paid for in part by special assessments in an amount that is equal to or exceeds 20%of the project costs? Based upon the discussions set forth below, I am of the opinion that City Charter Section 7.10 does not require the City to conduct an election prior to the issuance of general obligation bonds for the financing of such a street improvement project. The Mounds View City Charter provides for city indebtedness and the issuance of debt obligations at Section 7.10 of the Charter. Section 7.10 provides as follows: Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation 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 SJR-248008v1 MU210-4 Mr. Kurt Ulrich May 19, 2004 Page 2 • prescribed by law. Except in the case of obligations for which an election is not required by this Chapter 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. Subdivision 2. A description of each such proposed issue shall be published in the City Newsletter,but failure to give such description, or any defect in the description, shall not invalidate the issue. A plain reading of the second sentence of subdivision 1 of Section 7.10 of the Charter provides that in situations where debt obligations may be issued by the City without an election pursuant to state law, an election is not required to be conducted by the City pursuant to the Charter. In the specific case of a public improvement project, including street improvements, Minn. Stat. § 475.58, subd. 1(3) specifically provides that no election is required by a city for the issuance of debt obligations to finance the improvement project if the requirements of Minn. Stat. § 475.58, subd. 1(3) are satisfied. The statute specifically provides as follows: 475.58 Obligations; elections to determine issue. Subdivision 1. Approval by electors; exceptions. Obligations • authorized by law or charter may be issued by any municipality upon obtaining the approval of a majority of the electors voting on the question of issuing the obligations, but an election shall not be required to authorize obligations issued: * * * * (3) for an improvement or improvement program, which obligation is payable wholly or partly from the proceeds of special assessments levied upon property specially benefited by the improvement or by an improvement within the improvement program, or of taxes levied upon the increased value of property within a disrict for the development of which the improvement is undertaken, Ji , including obligations which are the general obligations of the municipality, if the municipality is entitled to reimbursement in whole or in part from the proceeds of such special assessments or taxes and not less than 20 percent of the cost of the improvement or the improvement program is to be assessed against benefited property or is to be paid from the proceeds of federal grant funds or a combination thereof, or is estimated to be received from such taxes within the district; Thus, if the City intends to finance the 2004 street improvement project consistent with the authority provided by Minn. Stat. § 475.58, subd. 1(3)with an amount equal to or exceeding at least 20% of the improvement project being specially assessed to the benefitted properties,no election is required pursuant to state law, nor is any election required pursuant to City Charter Section 7.10. • Such interpretation is consistent with the plain reading of City Charter Section 7.10. SJR-248008v1 MU210-4 Mr. Kurt Ulrich May 19, 2004 Page 3 S Please feel free to contact me with any further questions you may have regarding this matter. Sincerely, KENNEDY&GRAVEN, CHARTERED j / A- „ j le Scott J. Mounds View Ci y Attorney SJR:jms ID • SJR-248008v1 MU210-4 470 Pillsbury Center V -yr Kennedy 200 South Sixth Street l Minneapolis MN 55402 (612) 337-9300 telephone Graven (612) 337-9310 fax CHARTERED http://www.kennedy-graven.com Scorn J.RIGGS Attorney at Law Direct Dial(612)337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM DATE: May 6, 2004 TO: Kurt Ulrich, City Administrator FROM: Scott J. Riggs, City Attorney dif - RE: Mounds View Charter Commission Resolution No. 2003-05 Recommending Amendments to Chapter 5 of the Mounds View Charter • Pursuant to your request, I have reviewed Mounds View Charter Commission Resolution No. 2003- 05 in which the Mounds View Charter Commission recommends amendments to Chapter 5 of the Mounds View City Charter pursuant to Minnesota Statutes, Section 410.12, subd. 7. The Charter Commission recommends replacing in its entirety the language of Chapter 5 of the City Charter with the new language contained in Charter Commission Resolution No. 2003-05. In general, the proposed language from the Charter Commission for Chapter 5 of the Charter appears to be an attempt to simplify the present language of Chapter 5 and to make the chapter more reader friendly. From a legal standpoint, except for the issues noted below, the proposed new language for Chapter 5 generally appears to meet the legal requirements contained in Minnesota Statutes, Chapter 410 as to issues involving initiative,referendum and recall. As to the specific issue of recall as contained in Section 5.08 of the present Charter and the proposed revised language for Chapter 5 of the Charter, it should be pointed out (as has been discussed in the past with both the Charter Commission and the City Council based on my review of the Charter files contained at my office) that the standard required to invoke the operation of recall as to an elected official has been determined by Minnesota courts to be controlled by the Minnesota Constitution. This Section 5.08 could therefore be deleted in its entirety. I have included a copy of the case Jacobsen v. Nagel, 96 N.W.2d 569 (May 8, 1959), which analyzes a recall provision contained in a city charter. I have also included a copy of my February 7, 2002, correspondence to Mr. Jonathan Thomas, which addresses the recall issue on page 2 of the letter. Please let me know if you desire to discuss the above,my previous letter, or the issue of recall in further detail. • SJR-247479v1 MU210-4 Mr. Kurt Ulrich May 6, 2004 • Page 2 As you may be aware, based on previous advice given to both the Charter Commission and City Council over the last 12+ years, the City Charter was amended as to initiative and referendum provisions (City Charter Sections 5.05 and 5.07) in the year 2000 in order to bring both of these sections of the Charter into compliance with state statute as well as Minnesota court interpretations of the powers of initiative and referendum. The new language proposed by the Charter Commission for Chapter 5 appears to retain language that is consistent with the revisions as adopted in 2000. Please feel free to contact me with any further questions or comments you may have regarding this matter. SJR:jms Enclosures • SJR-247479v1 MU210-4 • 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612)337-9300 telephone . Gravenr (612)337-9310 fax CHARTERED http://www.kennedy-graven.com SCOTT J.RIGGS Attorney at Law Direct Dial(612)337-9260 Email: sriggs@kennedy-g,raven.com February 7, 2002 Jonathan J. Thomas, Chair Mounds View Charter Commission 2401 Highway 10 Mounds View,MN 55112 RE: Various City of Mounds View Charter Issues Dear Jonathan: The following are my observations, comments and suggestions regarding the Mounds View City Charter and Mounds View Charter Commission issues for which you have requested my review. • The information is based upon my initial review of Minnesota case law, statutes, opinions of the Minnesota attorney general, discussions, with various attorneys that work with city charters and charter commissions, as well as our conversations regarding these matters. The observations, comments and suggestions are provided as an initial step in assisting the Charter Commission and the City of Mounds View in a review of the Mounds View Charter and any further action the Commissioners or City may desire to pursue. I will also be forwarding a copy of this correspondence to the City Clerk/Administrator for discussion and comment from the Mounds View City Council. Section 10 of the Charter and Section 11 of the Charter. I have made an initial review of both of these chapters, as well as a review of how other city charters and charter commissions have addressed provisions such as these, which are largely supplanted by state statute. Prior to suggesting specific language for each of these chapters, I recommend a detailed review and comparison of these chapters to state statutes to determine if any elements of these chapters should be retained. I am aware of another charter commission that has conducted such and exercise and found it rather enlightening as to potential revisions. While I could provide sample language from some of the charters I have reviewed, I do not believe this would provide you with the most useful information regarding these issues. Please let me know how you would like to proceed regarding these two chapters. • SJR-209854v1 MU210-4 • Jonathan Thomas February 7, 2002 Page 2 Section 5.08 of the Charter—Recall. As you may recall, Sections 5.05 and 5.07 of the Charter were recently revised by ordinance to make these Charter provisions consistent with Minnesota court interpretations of the applicability of initiative and referendum charter sections. Likewise, footnote language was added to Charter Section 4.02, subdivision 2 as to the unconstitutional and unenforceable nature of terms limits. It appears that similar clarification is now being suggested for Section 5.08 as to recall of elected officers. My initial suggestion is that all references to recall authority in Chapter 5 of the Charter be entirely removed, rather than including a footnote similar to the language accompanying Charter Section 4.02, subdivision 2. This suggestion is made because nothing is gained by retaining the recall provision in the Charter beyond the authority that already exists in the Minnesota Constitution. If instead a footnote is desired, one similar to the term limit footnote, referencing the Minnesota case of Jacobsen v. Nagel, 96 N.W.2d 569 (Minn. 1959), should be included. As was the case for the initiative and referendum charter provisions, a recommendation from the Charter Commission for revising this Charter section by ordinance would seem to be the most expedient and cost effective method to clarify this section. I suggest raising this matter with the City Council to • determine the viability of this revision. Section 12.13 of the Charter—Newsletter. Section 12.13 of the Charter contains language not generally found in the other city charters that I have reviewed or discussed with others. Such provisions as to administrative functions might be considered beyond the generally organic nature of a charter, which is in essence the constitution of the City. The newsletter provision,while a laudable administrative function of the City, is generally that, an administrative function that has been set forth in detail in the Charter, but is left to the discretion of the governing body. While most likely being very difficult to enforce in the event no newsletter is actually published, if a newsletter is published six times a year by the City of Mounds View, this Charter provision is satisfied. You had requested a suggestion as to how Section 12.13 might be interpreted, or how some parameters/guidelines might be utilized by the City as to the content to be contained in the newsletter. Such a request, which is a policy rather than legal question, is probably better addressed directly to the City Council. However, it should be pointed out that a newsletter generally cannot be used as a lobbying statement of the City or a commission (the city has some commissions that have some authority autonomous from that of the City Council, e.g., Economic Development Authority, Police Civil Service Commission, Charter Commission), however, it certainly can, within reason, be a useful tool for providing information to the public. Cost issues and limited space obviously preclude the inclusion and the conveying of every bit of information that passes through City offices and departments; this is a budgeting constraint the City must deal with in • modifying or adopting a policy for materials to be included within the newsletter. SJR-209854v1 MU210-4 • Jonathan Thomas February 7, 2002 Page 3 Section 6.02, subdivision 3 of the Charter—Reports. I am in receipt of the Charter Commission's January 10, 2001, correspondence regarding Section 6.02, subd. 3 of the Charter. I will forward a copy of this correspondence with this letter to the City Clerk-Administrator for possible further direction from the City Council as to this matter. As I previously noted, the above discussion constitutes my initial comments on these various issues involving the Mounds View City Charter. As a follow-up to these initial comments, I would suggest a meeting between members of the Charter Commission and the City Council to continue the open dialogue between both entities, review of the Charter's various provisions and possible amendments, and to foster a continued, solid working relationship between the Charter Commission and City Council on the various issues that have been raised, or may be reviewed in the future. Please feel free to contact me to discuss these matters further. 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C w w n rD '' ]' r°„ W < ry 0 8 'n'ro M rw,. raD r~nr• P 0 .• 3 a a, - o x C n ° 0 N 5 a" W R N p P. ro O 0 -s. ';3- ry a, c' `r " .. x- i. x 0 a a: 5 ro •-• 0 S '0 5' 8 0 r°i, '� a {� p'' °- < G O R- ❑' p.S* n ro N L] c 3 ". P. 5 N ro n Gwt „ n 0,. E. O 0. 0 '0 w .n, O. < (7 " O ,c. 3 =x _ 0 `G P. c Y = 5 w ro n en .°,. in P. rxo w. P. ,°-r CDD CD ., '°i oCO aq i . m o '°-.. ' i' n .w. 8 .`•' Mounds View Charter Commission Date: June 4,2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 6 Pagel of 13 Objectives: 1.) in 7.06.01 Change 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 Subdivision 2? CHAPTER? TAXATION AND FINANCES Section 7.01 Council to Control Finances. (no changes) Section 7.02 Fiscal Year. (no changes) • Section 7.03 System of Taxation. (no changes) Section 7.04. Submission of Budget. Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as specified by MN statute 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 accompanying summary message in accordance with a budget calendar to be established by resolution. The final 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 • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 6 Page2 of 13 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. 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 the City Council. Subdivision 2. For each enterprise operated by the City, its budget shall show income and expenditure information anticipated net surplus or deficit and the proposed • method of its disposition,and giving income and expenditure information. Subdivision 3. The Clerk-Administrator's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organization goals of the City and community priorities. It shall outline the proposed financial policies and programs of the eCity for the ensuing fiscal year and the impact of those policies and programs compared to the eCity's current five year plan, as adopted by the City Council by June 1. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the eCity's debt position, • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 0 Revision—Draft 6 Page3 of 13 including factors affecting the ability to raise resources through debt issues, and include such other material as the Clerk-Administrator deems desirable or as requested by the City Council. 0 IIII City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 6 Page4 of 13 Subdivision 04. Summary General Budget Planning-Guideline Time Line The intent of this section is to be a general guideline for the public of the budget process in the City of Mounds View. The dates are estimates and will be proper specified by MN Statute 275.065, as amended, or by City Council if state statute does not provide direction. Activity Estimated Time Period Five Year Plan Development January 1 to May 1 Five Year Plan Public Review May 1 to May 20 Five Year Plan Council Approval May 20 to June 1 Five Year Plan Published to Public June 1 to August 1 Annual Budget Input to Department from Public June 1 to Sept 1 Annual Budget Calendar Council Adopted June 1 Annual Budget Input to Department from Public January 1 to August 1 Annual Budget Clerk-Administrator Develops Summary and Estimate Proposal for Council August 1 to Sept..15 Annual Budget Estimates Submitted to Council September 15 Annual Budget Proposal and Tax Levy Estimates Council Adoption September 15 Annual Budget Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy Proposal Published to Public September 15 to Dec. 1 City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 6 Page5 of 13 Annual Budget Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy Public Review Sept..15 to Dec. 20 Annual Budget Hearing Advertised Final Draft Published to Public November: 10 to Nov. 21 Annual Budget and Tax Levy Initial Public Hearing Nov. 29 to Dec. 20 Annual Budget and Tax Levy Council Adoption Dec. 5 to Dec. 20 Annual Budget and Tax Levy Final Council Budget Summary Adoptions Published to Public Dec. 20 to February 1 S City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 6 Page6 of 13 Section 7.05 Long Term Financial Plan. 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 depaitinent, the 11111 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 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. • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 6 Page7 of 13 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 fmancial plan shall be published in the City—official City newspaper, the City newsletter, andjorif available, the City website 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 adoption of the proposed budget in accordance with MN Statute 275.065, as amended, and time lines as establish by state statute, City Council and this Charter. The budget shall be considered at the first regular monthly meeting of the Council in September and at • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 . Revision—Draft 6 Page8 of 13 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 final 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 estimated total of income and reserves. 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 the source of revenues (taxes. special assessments, licenses &permits,intergovernmental, charges for services, fines & forfeits, investment earnings,miscellaneous,transfers, and sale of debt) and character of expenditures (wages &benefits, supplies, contractual services, capital outlay, debt service, depreciation, and • transfers) as the Council deems necessary for consideration of the budget. 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. Before the budget is adopted for the ensuing fiscal year, a summary shall be given in the Git official City newspaper,the City newsletter and, if available, erthe-City website, in draft form, of the budget • - - :• •-- - S City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Draft 6 Page9 of 13 • nor more than six business days, as specified by MN Statute 275.065, as amended, before the public hearing prior to the regular council meeting for Council action adopting the proposed budget allowing public final draft review and comment prior to such Council approval. Such summary shall be set forth in language reporting all accounts not part of budget(ex. .. _ . , .. , _ ... - . .. . _ . . . 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 City Council adopted budget will be published in the Ei-official City newspaper,the City newsletter and, if available, the City 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 preceding months fiscal year budget shall go in to effect for an additional thirty-one(31) days or until the Council adapts a budget, whichever is shorter. Section 7.07. Enforcement of the Budget. . 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 • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 6 Page10 of 13 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. 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. They 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 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. I Such source of revenues and character of expenditures shall include the group of line items that are Policy Manual and annually reported to the City Council • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Draft 6 Page 11 of 13 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 make transfer of sums within the major expense classification in a department. The Department head may not transfer appropriations between major expense classifications within a department nor may the Clerk Administrator or Depai tinent Head transfer • appropriations between departments without council approval, excluding Just and Correct Claims. Section 7.09. Funds. (no changes) Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12,no obligation 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 in MN Statute 475.52, as amended/,In the 2 Other sections of state law that give authority for bonding in certain circumstances are Chapters 465, 471, and 410. • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 . Revision—Draft 6 Pagel2 of 13 case of obligations for which an election is not required by this Chapter 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. Subdivision 2. A description of each such proposed issue shall be published in the City-City official City newspaper,the City Newsletter and/, if available,et-the City website, but failure to give such description, or any defect in the description, shall not invalidate the issue. Section 7.11. Anticipation Certificates. At anytime after January 1, in accordance with MN Statute 412.261, as amended,except as prescribed herewith the following • restrictions,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. 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. City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Ili Revision—Draft 6 Page13 of 13 Section 7.12. Emergency Debt 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 and in such manner as the Council determines, emergency debt certificates not to exceed 10% of the total City budget and 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. (deleted in entirety,<dated>) S City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Original to Draft 6 Comparison Pagel of 8 Objectives: 1.) in 7.06.01 Change 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 Subdivision 2 CHAPTER 7 TAXATION AND FINANCES Section 7.01 Council to Control Finances. (no changes) Section 7.02 Fiscal Year. (no changes) Section 7.03 System of Taxation. (no changes) • Section 7.04. Submission of Budget. Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as specified by MN statute 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 accompanying summary message in accordance with a budget calendar to be established by resolution. The final 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. In addition to showing proposed expenditures for current operations,it shall show proposedP osed 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 and by state law. the City Council. Subdivision 2. For each amity-enterprise operated by the City, its budget shall show income and expenditure information; anticipated net surplus or deficit and the • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 111/ Revision—Original to Draft 6 Comparison Page2 of 8 proposed method of its disposition,; and subsidiary budgets for each such utility giving Subdivision 3. The Clerk-Administrator's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to goals of the City 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 City's current five year plan, as adopted by the City Council by June 1. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Clerk-Administrator deems desirable or as requested by the City Council • • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Original to Draft 6 Comparison Page3 of 8 • Subdivision 04. Summary Budget Planning Guideline The intent of this section is to be a general guideline for the public of the budget process in the City of Mounds View. The dates are estimates and will be proper specified by MN Statute 275.065, as amended, or by City Council if state statute does not provide direction. Activity Estimated Time Period Five Year Plan Development January 1 to May 1 Five Year Plan Public Review May 1 to May 20 Five Year Plan Council Approval May 20 to June 1 Five Year Plan Published to Public June 1 to August 1 Annual Budget Input to Department from Public June 1 to Sept 1 Annual Budget Calendar Council Adopted June 1 Annual Budget Clerk-Administrator Develops Summary and Estimate Proposal for Council August 1 to Sept..15 Annual Budget Estimates Submitted to Council September 15 Annual Budget Proposal and Tax Levy Estimates Council Adoption September 15 Annual Budget Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy Proposal Published to Public September 15 to Dec. 1 Annual Budget and Tax Levy Public Review Sept..15 to Dec. 20 • Annual Budget Hearing Advertised to Public November Annual Budget and Tax Levy Initial Public Hearing Nov. 29 to Dec. 20 Annual Budget and Tax Levy Council Adoption Dec. 5 to Dec. 20 Annual Budget and Tax Levy Final Council Budget Summary Published to Public Dec. 20 to February 1 • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Original to Draft 6 Comparison Page4 of 8 Section 7.05 Long Term Financial Plan. 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 fmancial 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 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 11111 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 official City newspaper,the City newsletter. and, if available,the City website annually before August 1City newsletter annually. 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 adoption of 4110 City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Original to Draft 6 Comparison Pages of 8 the proposed budget in accordance with MN Statute 275.065, as amended, and time lines as establish by state statute, City Council and this Charter. 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 final 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 estimated income,- and ncome—and reserves. 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 the source of revenues (taxes, special assessments. licenses &permits, intergovernmental, charges for services, fines & forfeits, investment earnings, miscellaneous, transfers, and sale of debt) and character of expenditures (wages&benefits, supplies, contractual services, capital outlay, debt service, depreciation, and transfers) as the Council deems necessary for consideration purposes of 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 official City newspaper,the City Newsletter, and, if available,the City website, in draft form,of the budget, as specified by MN Statute 275.065, as amended. before the public hearing. 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 City Council adopted budget will be published in the official City newspaper, the City newsletter and, if available, the City 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 preceding months fiscal year budget shall go in to effect for an additional thirty-one(31) days or until the Council adapts a budget, whichever is shorter. Section 7.07. Enforcement of the Budget. The City Council shall strictly enforce strictly 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 • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—Original to Draft 6 Comparison Page6 of 8 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. 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. It They 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.- 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 to the extent that actual 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 authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes., provided, however,the Clerk Administrator may make transfer of sums within the major expense classification in a department. The Department head may not transfer appropriations between major expense classifications within a department nor may the Clerk Administrator or Department Head transfer appropriations between departments without council approval, excluding Just and Correct Claims. Section 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. (no changes) ' Such source of revenues and character of expenditures shall include the group of line items • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Original to Draft 6 Comparison Page7 of 8 Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12,no obligation 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 in MN Statute 475.52,as amended,and within the limitations prescribed by law. Except iIn the case of obligations for which an election is not required by this Chapter 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. Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper,the City Newsletter, and,if available,the City website,but failure to give such description,or any defect in the description, shall not invalidate the issue. Section 7.11. 1. Anticipation Certificates. At anytime after January 1,Anticipation Certificates. At anytime after January 1. in accordance with MN Statute 412.261, as amended,with the following restrictions,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. 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. Section 7.12. Emergency Debt 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 and in such manner as the Council determines,emergency debt certificates not to exceed 10% of the total City budget and not 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 • City of Mounds View Mounds View Charter Commission Date: June 4, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—Original to Draft 6 Comparison Page8 of 8 Council. It may be passed as an emergency ordinance. Subdivision 2. (deleted in entirety,<dated>) A description of each such proposed • • City of Mounds View