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HomeMy WebLinkAbout02-10-2005 Mounds View Charter Commission February 10,2005 Mounds View Charter Commission Minutes Meeting February 10, 2005 1. Call to order - The meeting came to order at 7:05 PM 2. Roll Call—Present- B. Amundsen, B. Doty, J. Miller, B. Thomas, J. Thomas, William Werner, Sr Absent— M. Eenigenburg, Excused -B. Mori 3. Approval of agenda and minutes Motion by B. Thomas, second by J. Miller to approve agenda UNANIMOUSLY APPROVED Motion by B. Thomas, second by J. Miller, to approve minutes of January 13, 2005 as amended correcting spelling of"filling"in item 6. UNANIMOUSLY APPROVED 4. Citizens comments from the floor None 5. Reports of the Chair a. Chair J. Thomas reviewed meeting with attorney regarding Chapter 5 4110 language changes and discussion from January Charter Commission meeting. The attorney agrees with the Charter Commission members discussion that changing to a"5 day notice"would not fit with current Council meeting times and would require special meeting notices to transmit the information to the Council. b. Chair J. Thomas also reviewed his discussion with the attorney regarding language of Charter chapter 4.02 and the need to insert"$5" specifically. Chair J. Thomas reported that the MN State Statute requires the City Charter specifically state the amount and not just a City of Mounds View ordinance. 6. Reports of members William Werner Sr.-expressed how very pleased he was at the special election turnout. He further expressed his thoughts that the Commission could recruit more members if the discussions were of more substantial issues of the Charter, like the issues of"system of taxation" and "election requirements to issue obligation bonds". He also would like the Commission to begin to plan and work on language which would be included in the election in 2006. Barbara Thomas—generally agrees that the Commission should be looking at more substantial language issues, and further believes the right environments exist on the Council to propose and receive support of those language changes at this time. She also felt that language changes should always be prepared with the expectation they will go to an election, rather than assume the Council will be approving. Bill Doty (entered meeting at 7:15 PM) also agrees with the previous comments from members W. Werner, Sr. and B. Thomas and he would like the Commission to begin working on the "system of taxation" issue. • Page 1of2 Mounds View Charter Commission February 10,2005 411 7. Unfinished Business a. Elect Vice Chair—Chair J. Thomas opened floor for nominations. B. Doty was nominated by J. Miller, second by W. Werner, Sr. No other nominations were presented. Voting Aye 5,Nay 1 APPROVED b. Review Resolution 2005-01 Re: Meeting Schedule for next six months - Motion to approve Resolution 2005701 as presented,by B. Doty, second by B. Amundsen. APPROVED c. Review Resolution 2005-02 for submission of Chapter 7 changes - Motion by B. Thomas, second by W. Werner, Sr. to approve Resolution 2005- 02 as presented. UNANIMOUSLY APPROVED 1 d. Review draft of changes for Section 11.06 - Chair J. Thomas noted that the only change needed was for publishing standards, similar to those put into Chapter 7 and recommends the Commission not take this up until we address the whole chapter. Commission members were in consensus to delay. e. Review any new information for Carter Chapter 5 - Chair J. Thomas was directed by members to prepare a resolution with the language changes as discussed in January 13, 2005 meeting for the March Commission meeting. 8. New Business a. Review Chapter 4.02 41/1 b. Review Resolution for Chapter 5 c. Review Chapter 8.04 d. Review Chapter 7.10 and discussion expectations 9. Adjournment Meeting adjourned at 8:15 PM Respectfully submitted, Brian Amundsen, Secretary Page 2 of 2 City of CHARTER COMMISSION MEETING Mounds 7:00 PM Thursday, Feb 10, 2005 View Mounds View City Hall Council Chambers clf' Charter Commission Preliminary AGENDA 1(°Z 110 Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Jonathan J Thomas _ Bill Doty _ Barbara Thomas Matthew Eenigenburg William Werner, Sr 2"Vice Chair Jean Miller William Mori Jean Miller 763-786-3959 _ Brian Amundsen Secretary Brian Amundsen 3. Approval of agenda and minutes 763-786-5699 Bill Doty Review and approve agenda 763-786-3421 Approval of Jan 13, 2004 Minutes Matthew Eenigenburg 763-783-7216 4. Citizens comments from the floor .William Mori 763-784-3645 5. Reports of the Chair Barbara Thomas 763-780-6226 6. Reports of members William Werner Sr 763-784-3603 7. Unfinished Business 10 min Elect Vice Chair 10 min Review Resolution 2005-01 Re: meeting schedule 15 min Review Resolution 2005-02 for submission of Chapter 7 changes 20 min Review draft of changes for Section 11.06 30 min Review any new information for Charter Chapter 5 8. New Business 15 min Discuss next month's and future agenda items. 9. Adjournment • • City of Resolution No. 2005-03 Mounds Mounds View Charter Commission Dated March 10, 2005 `'iew Whereas,the Mounds View Charter Commission is reviewing the lists of past request for housekeeping and clarification updates to sections of the Mounds View Charter Commission Charter that have caused confusion or seem to be semantically incorrect. Chair The Mounds View Charter Commission acting under Minnesota Statute 410.12 Jonathan J Thomas Subdivision 7, recommends the following amendments by the addition of the bold 763-784-5205 and double underline language and by deletion of the language. Vice Chair The Mounds View Charter Commission request the City Council adopt by ordinance Bill Doty those items where there is is unanimous agreement. We also request a response 763-786-3421 within 60 days with recommendations for modifications to any item that the City Council deems not acceptable as presented. 2nd Vice Chair Jean Miller Charter Commission Objective(s): 763-786-3959 1) Clarification of the filing fee, required for candidates filing for city offices,to Secretary be explicitly stated in Charter as required by MN Statute 205.13. Brian Amundsen 2) Setting filing fee at$20 to be consistent with City of Mounds View 763-786-5699 Ordinance. Matthew Eenigenburg 3) Clarification for use of"Petition in place of fees", as explicitly stated in MN • 763-783-7216 Stature 205.13, Subd. 4. William Mori Section 4.02 Filing for Office 763-784-3645 Barbara Thomas Subdivision 1. Pursuant to Minnesota Statute 205.13, as amended, no earlier than 763-780-6226 seventy days nor later than fifty-six days before any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and William Werner Sr by paying a filing fee of 520 or by filing a petition in compliance with MN Statute 763-784-3603 205.13, Subd. 4, as amended, to the Clerk-Administrator i-- the ofthe o i-na-nee, have their name placed on the municipal election ballot. Amendments- " • . , • ; . . • • . . ; . . . • I . Respectfully submitted, &If '' I Bill Doty, V' hair Brian Amundsen, Secretary • City of Mounds Resolution No. 2005-01 • View Mounds View Charter Commission Dated Feb 10, 2005 CFarter Commission Chair Resolution setting the meeting schedule for March 2005 through August of 2005. Jonathan J Thomas 763-784-5205 Vice Chair WHEREAS, at it's Feb 10th, 2005 meeting the Charter Commission moved, seconded and passed the motion to meet at 7:00 PM the second Thursday of each month from March 2005 through August of 2005. 2" Vice Chair Jean Miller BE IT RESOLVED, that the following dates are hereby submitted to the City Clerk- 763-786-3959 Administrator for posting to comply with the Minnesota Open Meeting Law. Secretary The dates are: March 10, 2005, April 14, 2005, May 12, 2005, June 9, 2005, Brian Amundsen July 14, 2005, and August 11, 2005. 763-786-5699 Bill Doty Adopted the 10th Day of February 2005. 763-786-3421 Matthew Eenigenburg 763-783-7216 •Villiam Mori Respectfully submitted, 763-784-3645 Barbara Thomas 763-780-6226 William Werner Sr Jonathan J Thomas, Chair Brian Amundsen, Secretary 763-784-3603 fe,„ kzer zeoc, Resolution No. 2005-02 1 0 Mounds View Charter Commission Dated Feb 10, 2005 110 ••, Whereas, the Mounds View Charter Commission is reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have Charter Commission caused confusion or seem to be semantically incorrect. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Chair Subdivision 7, recommends the following amendments by the addition of the Jonathan J Thomas bold and double underlined language and by the deletion of the 763-784-5205 language. The Mounds View Charter Commission requests the City Council adopt by Vice Chair ordinance those items it is in unanimous agreement with. We also request a response within 60 days with recommendations for modifications to any item that the City Council deems not acceptable as presented. 2nd Vice Chair Objectives: Jean Miller 1) In 7.04 update language to reference Minnesota Statutes requirements and 763-786-3959 incorporate recommendations of League of Minnesota Cities (LMC) "Model Secretary Charter". Section should additionally address inputs from Charlie Hansen, Brian Amundsen Finance Director, City of Mounds View and provide calendar or time line for the 763-786-5699 City's tax and budget process which can be understood by the public. Bill Doty 2) In 7.05 update publication methods to include City's web site. 763-786-3421 3) In 7.06. subd. 01 Change September requirement for public hearing to be a simple reference requiring compliance with the Minnesota Statutes pertaining to Truth in Matthew Eenigenburg Taxation for timing but retain the requirement to hold a public meeting even if 763-783-7216 Minnesota Statutes would not require it. Also remove the word "monthly" as it is vikm Mori not consistent with other references to "regular council meetings." Address 763-784-3645 ambiguity of "object level" etc. per Charlie Hansen's Memo of November 13, 2002 4) In 7.06. subd. 02 Change to "two week" time line to be something more easily Barbara Thomas complied with and in compliance with Minnesota Statutes. Add usage of City's 763-780-6226 web site for publishing purposes. William Werner Sr 5) in 7.06. subd. 03 incorporate recommendation from LMC to have a fall back 763-784-3603 budget in cases of delay in approval of budget by new fiscal year starting. 6) In 7.07 incorporate the management method and procedures of the Mounds View Purchasing Manual for accountability of managing department budget expenditures 7) In 7.08 clarify that Section 7.12 does not conflict with budget alterations and who may approve alterations at which budget levels. 8) In 7.10 incorporate the Minnesota Statutes reference as originally prescribed by charter and update for City web site notification. 9) In 7.12. incorporate LMC recommendation for emergency debt limits and Delete redundant Subdivision 2. The nine sections recommended for consideration with this resolution are attached by section and recommended for adoption individually or as a group at the discretion of the Mounds City Council. Intended final language attached for ease of readability. Respectfully submitted, ;AIti• Jonathan J Thomas, Chair Brian Aruridsen, Secretary Resolution No. 2005-02 Page 2 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 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 and by state law. the City Council. Subdivision 2. For each atilityenterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit a dwith the proposed disposition method.$€ Subdivision 3. The Clerk-Administrator's message shall explain the budget, both in fiscal terms and in terms of the work programs, linking 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. It • shall describe the important features of the budget; indicate any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, 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 • Resolution No. 2005-02 Page 3 Subdivision 04. Budget Planning Guideline; The purpose of this section is to provide the public with general timetable for the annual budget process. The dates are guidelines and subject to change by the City AlliSouncil and MN Statute 275.065, as amended. `;'' Activity Estimated Time Period Five-Year Plan: Development Jan. 1 to May 1 Five-Year Plan: Public Review May 1 to May 20 Five-Year Plan: Council Approval May 20 to June 1 Annual Budget Calendar: Adopted by Council June 1 Five-Year Plan: Published to Public June 1 to Aug. 1 Annual Budget: Public Input to Department June 1 to Sept 1 Annual Budget: Clerk-Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 Annual Budget: Estimates Submitted to Council Sept. 15 Annual Budget: Proposal and Tax Levy Estimates Council Adoption Sept. 15 Annual Budget: Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy: Proposal Published to Public Sept. 15 to Dec. 1 Annual Budget and Tax Levy: Public Review Sept.15 to Dec. 20 Annual Budget: Public Hearing Advertised Nov. 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 Feb. 1 • • Resolution No. 2005-02 Page 4 Section 7.05 Long TermFive-Year Financial Plan. Subdivision 1. The City Council shall have prepared a long term five-year financial plan commencing • in-with the ensuing calendar year0. The City Council shall hold a public hearing on the long term five-year financial plan and adopt it by ordinance,with or without amendment,by June 1st of each year. The financial plan shall consist of at least the following four elements as specified in subdivisions 2-51 which follow: Subdivision 2. The Public Service ElementProgram. The program shall becontain 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 Element. program shall ' - .•- - i�econtain 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. Subdivision 4. A Five-Year Revenue Element shall consist of contain a tentative revenue policy which that describes long termfive-year plans for financing public services and capital improvements. Subdivision 5. The Capital Budget Element. 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 leng-ternifive year financial plan shall be published in the City newsletter annually. before August 1st each year in the official City newspaper, the City newsletter, and, if available, the City website. • Resolution No. 2005-02 Page 5 Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City Council, and MN Statute 275.065, as amended. 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 final approval by the City Council. 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 sum of estimated 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. • - - • _ _ •- • - -••- •• . .. - - - - . .- . . • • . .. -- - . . . . .. - . . - . • . . The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose as the Council deems necessary for establishing 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. t least two weeksAs specified by MN Statute 275.065, as amended,before the budget is adopted for the ensuing fiscal year a .. . . . _ ., •• . -• - , •• . • : - -•, •• - • :- public hearing notice and summary of the proposed budget will be published in the official City newspaper, the City Newsletter, and, if available, the City web site. Such summary . - - • •• . •_ _ . _ - teshould be readily hfidefsteeelunderstandable by the layperson, and shall-should provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year,but failure_. Failure to provide the specified summary will not invalidate the budget. The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than 60 days after adoption by the Council in the official City newspaper, the City newsletter and, if available, the City web site. 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 into effect for up to thirty-one (31) days or until the Council adopts a budget. S Resolution No. 2005-02 Page 6 Section 7.07. Enforcement of the Budget. The Clerk-Administrator may designate department heads or other staff who may assist with each fund 411 or department in the annual budget. It shall be the duty of the Clerk-Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce strictly the provisions of the budget. The City Council 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 - -. . . . .. - •. . : unless the amount is authorized in the budget resolution and in compliance with; the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. 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 sum of estimated receipts and reserves, except to the extent that actual receipts exceed the estimate or to implement Section 7.12 herein. At anytime the Council may,by resolution appreved : •• •• - .- ,reduce the sums appropriated for any purpose ,to increase reserves or authorize the transfer of sums from unencumbered balances of • in the budget - . . •. . . .. .. - . 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 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 official City newspaper,the City Newsletter, and,if available,the City web site,but failure to give such description, or any defect in the description, shall not invalidate the issue. Resolution No. 2005-02 Page 7 Section 7.11. Anticipation Certificates. At anytime after January 1, in accordance with MN Statute 412.261, as amended,with the following 110 astrictions_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 August 1St 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. Subilivisien-1. If in any year the receipt from taxes, availability of reserves, or other sources should for I 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 to run not to exceed three years. A taxTaxes 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, • Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Pagel of 5 • 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 fmancial 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 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 proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method. . Subdivision 3. The Clerk-Administrator's message shall explain the budget, both in fiscal • terms and in terms of the work programs, linking 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. It shall describe the important features of the budget, indicate any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, 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: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page2 of 5 • Subdivision 04. Budget Planning Guideline The purpose of this section is to provide the public with general timetable for the annual budget process. The dates are guidelines and subject to change by the City Council and MN Statute 275.065, as amended. Activity Estimated Time Period Five-Year Plan: Development Jan. 1 to May 1 Five-Year Plan: Public Review May 1 to May 20 Five-Year Plan: Council Approval May 20 to June 1 Annual Budget Calendar: Adopted by Council June 1 Five-Year Plan: Published to Public June 1 to Aug. 1 Annual Budget: Public Input to Department June 1 to Sept 1 Annual Budget: Clerk-Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 Annual Budget: Estimates Submitted to Council Sept. 15 Annual Budget: Proposal and Tax Levy Estimates Council Adoption Sept. 15 Annual Budget: Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy: Proposal Published to Public Sept. 15 to Dec. 1 Annual Budget and Tax Levy: Public Review Sept.15 to Dec. 20 Annual Budget: Public Hearing Advertised Nov. 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 Feb. 1 41) City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page3 of 5 • Section 7.05 Five-Year Financial Plan. Subdivision 1. The City Council shall have prepared a five-year financial plan commencing with the ensuing calendar year. The City Council shall hold a public hearing on the five-year financial plan and adopt it by ordinance,with or without amendment,by June 1st of each year. The financial plan shall consist of at least the following four elements as specified in subdivisions 2-5, which follow: Subdivision 2. The Public Service Element P shall contain 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 Element shall contain 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. Subdivision 4. A Five-Year Revenue Element shall contain a tentative revenue policy that describes five-year plans for financing public services and capital improvements. • Subdivision 5. The Capital Budget Element 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 five year financial plan shall be published before August 1st each year in the official City newspaper, the City newsletter, and, if available, the City website. . Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City Council, and MN Statute 275.065, as amended. 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 final approval by the City Council. 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 sum of estimated 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. The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what purpose as the Council deems necessary for establishing 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. City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page4 of 5 • Subdivision 2. As specified by MN Statute 275.065, as amended,before the budget is adopted for the ensuing fiscal year a public hearing notice and summary of the proposed budget will be published in the official City newspaper, the City Newsletter, and, if available, the City web site. Such summary should be readily understandable by the layperson, and should provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. Failure to provide the specified summary will not invalidate the budget. The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than 60 days after adoption by the Council in the official City newspaper, the City newsletter and, if available, the City web site. 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 into effect for up to thirty-one (31) days or until the Council adopts a budget. Section 7.07. Enforcement of the Budget. The Clerk-Administrator may designate department heads or other staff who may assist with each fund or department in the annual budget. It shall be the duty of the Clerk-Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce the provisions of the budget. The City Council 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 unless the amount is authorized in the budget resolution and in compliance with; the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. 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 sum of estimated receipts and reserves, except to the extent that actual receipts exceed the estimate or to implement Section 7.12 herein. At anytime the Council may by resolution reduce the sums appropriated for any purpose to increase reserves or authorize the transfer of sums from unencumbered balances in the budget. 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 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. City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page5 of 5 • 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 web site,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,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 August 1st 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. 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 to run not to exceed three years. Taxes 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. • City of Mounds View Mounds View Charter Commission Date: February 10, 2004 011 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Pagel of 7 Objectives: 1) In 7.04 update language to reference Minnesota Statutes requirements and incorporate recommendations of League of Minnesota Cities (LMC) "Model Charter". Section should additionally address inputs from Charlie Hansen, Finance Director, City of Mounds View and provide calendar or time line for the City's tax and budget process which can be understood by the public. 2) In 7.05 update publication methods to include City's web site. 3) In 7.06. subd. 01 Change September requirement for public hearing to be a simple reference requiring compliance with the Minnesota Statutes pertaining to Truth in Taxation for timing but retain the requirement to hold a public meeting even if Minnesota Statutes would not require it. Also remove the word"monthly" as it is not consistent with other references to "regular council meetings."Address ambiguity of "object level" etc. per Charlie Hansen's Memo of November 13, 2002 4) In 7.06. subd. 02 Change to "two week"time line to be something more easily complied with and in compliance with Minnesota Statutes. Add usage of City's web site for publishing purposes. 5) In 7.06. subd. 03 incorporate recommendation from LMC to have a fall back budget in cases of delay in approval of budget by new fiscal year starting. 6) In 7.07 incorporate the management method and procedures of the Mounds View Purchasing Manual for accountability of managing department budget expenditures 410 7) In 7.08 clarify that Section 7.12 does not conflict with budget alterations and who may approve alterations at which budget levels. 8) In 7.10 incorporate the Minnesota Statutes reference as originally prescribed by charter. and update for City web site notification. 9) In 7.12. subd. 02 incorporate LMC recommendation for emergency debt limits and Delete redundant 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 da of S-•tember •f e.ch 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 ens in. fis al ear .nd an ,ccom,an in Summar me sa a 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 City of Mounds View Mounds View Charter Commission Date: February 10, 2004 411 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page2 of 7 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 uenterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit anti- with the proposed disposition method,position„ : - -. :-' •. •'• •::- - : -• - appen Bees. ••. • '•1 1- -a. ll'1' • 11 • •- 1, . • .'s 1- • .. •_ •• l- in fi .1 -rm ,n. in -rm of he work .r• ram linkin. .r• r,m • .•,l •fth- ,1. •11.1 .•' • is i '- 1, I • . '1 1- • Ilse -. 1,1 •• ' •- ,1. • Il! ,n • I- • • 1 -1. .'1' ► I ,1. • '110, •_ 1e •• • • ,1. •• 0. ,11. compared to the City's current five-year plan, as adopted by the City Council. It shall '•- - '11110 ,1 • 1- 9 .1 - ' •• 11,'•r 1,1_- '1 ,n• policies, expenditures, and revenues together with the reasons for such changes. It shall mm.ri - h- i .- s se i i•nf•re, hfun: in lu.in f. or .ff- in• th- ,sili 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: February 10, 2004 410 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page3 of 7 Subdivision 04. Budget Planning Guideline The purpose of this section is to provide the public with general time table for he annual . ,. - .ro -s Th- d.t- ar- • .idelines .n. u.'ect o h.n - . th- i Council and MN Statute 275.065, as amended. Activity Estimated Time Period Five-Year Plan: Development Jan. 1 to May l Five-Year Plan: Public Review May 1 to May 20 Five-Year Plan: Council Approval May 20 to June 1 Annual Bud.et C.len..r: Ado.te• b Coun it June 1 Five-Year Plan: Published to Public June 1 to Aug. 1 Ant., 'Vs.- • P..li I . . • D-.. m- June Ito Sept I Annual Budget: Clerk-Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept.15 Annual Budget: Estimates Submitted to Council Sept. 15 Annual Budget: Proposal and Tax Levy Estimates Council Adoption Sept. 15 Annual Budget: Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy: Proposal Published to Public Sept. 15 to Dec. 1 • i •.. : .. - .n. .. L- • ' , . ' '- • ,Sept..15 to Dec. 20 11/ Ann.. .. '- • ' . • ' , -.rin> .. r' -! Nov. 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 Feb. 1 City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision-FINAL Page4 of 7 Section 7.051Long-Ter-mFive-Year Financial Plan. Subdivision 1. The City Council shall have prepared a long-tcrmfive-year financial plan commencing in tkhewith the ensuing calendar year, 1980. The City Council shall hold a public hearing on the longfive-year financial plan and adopt it by ordinance,with or without amendment, by June 1st of each year. The financial plan shall consist of at least the following four elements as specified in subdivisions 2-5 which follow: Subdivision 2. The Public Service Element pProgram. TheProgram shall contain 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 Element . This program shall contain consist of projects and facilities that arc or will be needed by the City in carrying-eut-the- - '-':; -: :-;: : -- ; ;. : ' -- ' - . --; '-- .:- 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 410 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 Five-Year- Revenue Element tris-program shall contain consist of a tentative revenue policy that whit describes five-year long-term plans for financing public services and capital improvements. Subdivision 5. The Capital Budget Element . 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 five year financial plan shall be published before August 1St each year in the official City newspaper,the City newsletter,_ and, if available,the City web site. '-• -- - - - - _ - - •; • Section 7.06. -Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter. the City Council, and MN Statute 275.065, as amended. 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 bu et calendar will r vide a 0-da eri for public review and input to the annual b dlecLiori•r o fin.l aimwrov.1117, the i y Council. The meetings shall be so conducted as to give interested citizens a reasonable 1111/ City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 • Revision—FINAL PageS of 7 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 sum of estimated 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 as to as to objects and purposcs of expenditures The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what pupose as the Council deems necessary for establishing uses of-th 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. t least`wo wcc''s '-As specified by MN Statute 275.065, as amended, before the budget is adopted for the ensuing fiscal year a public hearing notice and summary of the pa onosed budbudget will be published . -. .. ... • --; :- •- -, in the official City newspaper,the City Newsletter, and, if available, the City web sitein draft form, . Such summary :-:- -- :-. - - _ - -•1 -; : - should be readily understandableeed by the layperson, and shouldshall provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year.,Failure to provide the specified summary will not invalidate the budget. The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than 60 days after adoption by the Council in the official City newspaper the Civ newsletter and, if available, the City web site Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fis al -.r the •r- -din. months fi al -.r • d.- hall • into -ffect for . • to hirt - one (31) days or until the Council adonis a budget. Section 7.07. Enforcement of the Budget. T - -rk-• •uu'ni r, • .- is . - •-.,.r -e -.._ • • h-r . , • is, assist with each fund or department in the annual budget. It shall be the duty of the Clerk- . • •ui i. r. or • -rife - h- •- oil . • i i•n. of - • -•• The City Council shall strictly enforce strictly the provisions of the budget. I-tThe City Council 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 unless except for a purpose and to the amount is authorized in the budget resolution; and in compliance with; the . . ' •, in. •• ' i- • 1- ,• i h-• • 1- • • .i • •- ' - �- City Code, and Minnesota Statutes. 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 City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page6 of 7 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 sum of estimated receipts and reserves, except to the extent that actual receipts exceed the estimate or to implement 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 es to increase reserves or authorize the transfer of sums from unencumbered balances in the budget: - . ':- : : -- :• :: 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 and within the limitations prescribed by law. 41110 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 official City newspaper,the City Newsletter, and , if available,the City web site,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, 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 August 1st 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 • City of Mounds View Mounds View Charter Commission Date: February 10, 2004 Charter Updates; Category 2 Items; Chapter 7 Revision—FINAL Page7 of 7 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 to run not to exceed three years. AgTaxe,s 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. A description of each such proposed certificate shall be published in the City Newsletter,- .. : _ , : . , certificate. Subdivision 2 111 City of Mounds View