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HomeMy WebLinkAboutVarious Docs j�cam + w - ,are?AeZa. 12/8/05 Charter Commission Work Session notes Attending: Jean Miller, Barbara Thomas, Carol Mueller We looked at November minutes briefly. We reviewed expenditures on budget summaries, and came up with these questions: Are there limits on transfers from fund to fund? Do different departments transfer between each other or stay independent? What does forfeiture mean? How does it get a balance? What happens to those dollars? What is the expense every other year? What is Levy reduction fund in 2002 under General Fund Revenue? Is it better to base the percentage figure of increase permitted on what they are spending, or what they are taxing? What is the current tax rate formula? Don't the funds coming in go up anyway with the increase in property values? Property values for homeowners increased but rental property decreased—what is the impact in our community? What is the difference in attempting to control General Fund spending v.s. Levy increases? If we go off General Expenditure's figures, does it give us better control over transfers to other funds? Did we ever get settled with the Linke's? Legal proceeding for last 4 years—is it finally settled? Do we need to control transfers as part of the Charter? Should we get into that detail? If we go by spending, Barbara recommends yes. If we go by levy, she recommends, no. Chapter 5 discussion: Barbara: We need to fix the language on the flow chart to match the proposal now. Can we figure out the % of Levy increases year to year and then run an average or comparison? Mounds View Charter Commission Resolution 2006-06 Dated June 13, 2006 41111 CHAPTER 7 TAXATION AND FINANCES Section 7.03. System of Taxation. • - - - - .. taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution,by this Charter or Subdivision 1. The City of Mounds View shall have. in addition to the powers granted by this Charter. all the powers to raise money by taxation pursuant to the laws of the State of Minnesota which are applicable to Home Rule Charter Cities and city class size which the State designates Mounds View to be a member in the year of the proposed levy or fee adjustment resolution. The City's resolution to raise money against real and personal property shall not exceed the lesser of the following fonnulas: either the prior year tax levy dollar amount increased by an inflationary index maximum of 6%. or CPI plus 3%. Said index shall be the 12 month average of the most recently published data of the Consumer Price Index for all Urban Consumers in the Minneapolis. St. Paul metro.olitan area. as defined by the U.S. De.artment of Labor. Bureau of Labor Statistics. Subdivision 2. The City Council may levy a tax against real and personal property within the City in excess of the limit set in Subdivision 1 provided the Council shall: • A) Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required.. B) Hold a public hearing with a published notice in the City's official newspaper, City newsletter, and. if available, the City web site, setting forth the contents of the resolution described in Subdivision 2A. C) After such public hearing. adopt by an affirmative vote of at least four (4) members of the Council such resolution language which is readily understandable by a lay citizen and will be the ballot question for the electorate at the next regular municipal election. D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of this Charter then the levy shall be implemented in the following fiscal year or later date as specified in the resolution. Subdivision 3. Any other fee or special levy. created, or increased beyond the limits set forth in Subdivision 1. shall require voter approval as stipulated in Subdivision 2 of this Section. A) For the purposes of this Section. "fee" includes sales and use taxes, utility charges (other than water. sanitary sewer, storm water and street light). recycling fees. franchise fees (for cable, gas and electric), Valuation Table. Administrative offense fees. and any other fee that produces a tax burden or direct financial obligation to a majority of property owners and/or residents of Mounds View. • City of Mounds View Mounds View Charter Commission Resolution 2006-06 Dated June 13, 2006 • B) For the purposes of this Section, the term "fee" does not include: Filing for Office fee. park or recreational participation fees, charges for photo-copying, sales of municipal liquor store products, Building and Zoning Permit or Inspection and Planning fees. or civil_ criminal and banking fines and other charges collected in cases of restitution or violation of law or contract. The term "fee" does not include charges collected by the direction of the State.. County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees. liquor license fees. cable television service fees, annual license fees for the operation of a regulated business. and any miscellaneous fees for services. including health and safety related Code enforcement. and other goods. services or materials routinely provided by the City to its citizens or other members of the public which. by law, must be limited to the actual cost of the service beim provided. The term "fee"'shall not include any special assessments made under Minnesota Statutes Section 429. as amended. C) For the purposes of this Section, 'fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee. a tax or fee rate increase. an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. D) For the purposes of this Section._ "city" includes the City as legally and geographically defined by the State. all its departments.. personnel. Commissions and governing bodies adopted by Ordinance., appointment, or proclamation and are organized to exercise the "Powers of the City" as defined by the State or this Charter. "City" shall not include any governing body solely owing its existence to separate constitutional or statutory authority • outside of the Charter and not as a result of Council action. Ordinance. appointment or proclamation, regardless of whether that other governinc body has jurisdiction or performs duties and services within the boundaries of the City. E) This Section does not apply to any specific emergency measure authorized in Chapter 7 Section 7.12. Subdivision 4. The City shall not raise any moneys to increase any fund reserve beyond 50% of that fund's previous annual expenditures. The Council may raise a fund's reserve beyond 50%provided: 1. the Council designates by resolution and holds a public hearing reviewing the purpose of the reserve increase and the City follows such proposed increase with the steps outlined in Subdivision 2 of this Section the year prior to the.collection of such increased taxation or fee. or 2. the Council modifies and adopts by resolution the Five Year Financial Plan.. as defined in Chapter 7. Section 7.05. specifying the fund reserve purpose and the City follows such proposed increase with the steps outlined in Subdivision 2 of this Section the year prior to the collection of such increased taxation or fee. Moneys raised by Tax Increment Financing shall not be included in the calculation of reserve limit. This Subdivision and Section shall not limit or impair the City's ability to create Tax Increment Financing or enter into Development Agreements specified by 1\.'N Statutes 469.174 to 469.1799. as amended. This Subdivision shall not require the City to divest or expend any excess of any reserve fund(s) currently exceeding the specified limit. provided the Council. within 90 days of adopting this • City of Mounds View Mounds View Charter Commission Resolution 2006-06 Dated June 13, 2006 Section. -designates by resolution the purpose of the.reserve or adopts a modified Five Year Financial Plan reflecting the reserve purpose. Subdivision 5. -'Nothing in this Section shall be construed to impair any general obligation - the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City.. provided,however,that long-tenn..general obligation indebtedness shall not be used for the purpose of funding the routine and daily business operations of the City. Subdivision 6. Nothing in this Section shall be construed to limit or impair the voters of Mounds View from petitioning for a referendum. in accordance with methods in Chapter 5,to propose any of the following for levy or fees: new, increase or decrease an existing. or request an elimination of any tax levy, fee. or other method used by the City for raising money. • • Cit' of Mounds View Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall With no election between primary & general - Revision Date 12/13/2006 Election Year Non Election Year Date a petition has been determined to be sufficientFDate a petition has been determined to be sufficient No Special Election I 60 days Max 120 Date of regular primary election, a special election days may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. No Special Election I Date of regular general election, a special election may be scheduled concurrent with general election. No Special Election I 40 days Special election, if a majority of those voting Special election, if a majority of those voting L4----- on the ballot issue vote in its favor, the on the ballot issue vote in its favor, the resulting action shall be determined by the -4-1 -► resulting action shall be determined by the respective section of this Charter. respective section of this Charter. V 'V Mounds View Charter Appendix B - Initiative Process Flow Diagram -Revision Date 12/12/2006 Form Committee of 5 to 10 Within 180 days of filing Is this the members and file a copy of the Obtain at least petition,Deliver All first time petition No petition with the Clerk- —* 15%of the number of —► Required Information to A is being tested for Administrator prior to circulation. votes cast for President, Clerk-Administrator sufficiency? Charter Sec 5.02,5.06 most recent election Sec 5.06 Sec 5.03 Sec 5.03 Have all Yes requirements No been met? Within 30 calendar days the Sponsoring Sec 5.03,5.04 Committee must resubmit corrected — petition to Clerk-Administrator. Sec 5.04 Yes Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator No requirements notifies the City Council and Sponsoring been met . Sec 5.03,5.04 Committee of any deficiencies.Sec 5.04 Yes Within 10 calendar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 City Council immediately declares sufficiency by resolution t • Sec 5.03 File Petition as insufficient and notify Sponsoring Committee within 10 calendar days that ion will taken.Sec 5 04 V City Council must act by either Allow Sponsoring holding a first reading or Committee 14 Did Sponsoring Yes provide an amendment and Did City Council Yes must complete one of the offer an amendment? calendar days to Committee disapprove specified courses of action. Sec 5.06 disapprove the amendment? Sec 5.06 Sec 5.06 Sec 5.06 No No 4 Hold First Reading,Schedule a Did City Council Yes Ordinance takes effect after 3� Public Hearing pursuant to MN calendar days unless a later date is pass Ordinance by Stat.410.12 and any additional specified in the Ordinance requirements. Sec 5.06 majority vote . Sec 5.06 Sec 5.06 No 4 V Prepare for Ballot at a Primary, General,or Special Election within 120 days of City Council declaring the petition sufficient. Sec 5.05. Did a majority Ordinance fails and of those voting on the No process ends for this petition. Ordinance vote in favor Sec 5.06 Sec 5.06 Yes Ordinance takes effect 30 calendar days after election unless a later date is specified in the Ordinance. Sec 5.06 Mounds View Charter Appendix C - Referendum Process Flow Diagram -Revision Date 12/12/2006 Deliver all required Obtain at least 15% information to Clerk- Is this the Form Committee of 5 to 10 of the number of Administrator at least first time Petition No members. —► ► 10 calendar daysA has been tested for votes cast for Charter Section 5.02,5.07 President,most prior to Ordinance Sufficiency? recent election taking effect Sec 5.03 Sec 5.03 Sec 5.07 Have all Yes requirements No been met? Within 30 calendar days the Sponsoring Sec 5.03,5.04 Committee must resubmit corrected petition to Clerk-Administrator. Sec 5.05 Yes A Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator No requirements notifies the City Council and Sponsoring been met . Sec 5.03,5.04 Committee of deficiencies.Sec 5.04 Yes Within 10 calendar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 V File petition as insufficient and notify Sponsoring Committee within 10 calendar • days that no further action will 4-- City Council must adopt a resolution to taken.Sec 5.04 suspend the Ordinance. Sec 5.07 Ordinance takes effect as originally intended.Sec 5.07 • Prepare for ballot at a Primary, General,or Special election within 120 days of City Council declaring the petition sufficient. Sec 5.05. Did a majority Ordinance fails and of those voting on the No considered repealed. Ordinance vote in favor Sec 5.07 Sec 5.07 Yes Ordinance takes effect immediately unless a later date is specified in the Ordinance Sec 5.07 Mounds View Charter Appendix D Adoption of Ordinance with allowance for Citizen Referendum Timeline — Revision Date 12/12/2006 Referendum process pursuant to Chapter 5 H- H Ordinance process pursuant to Chapter 7 >- 100daysHI Set a public hearing for proposed Ordinance Hold Public Hearing &first reading not required to be in the same meeting >= 14 days First opportunity referendum petition submission . �' ► Second reading/adoption 7-14 days V <=28 days H Publication of Ordinance Submit Referendum Petition with Signatures to Clerk-Administrator =30 days >=10 days Council must either pass a resolution for petition sufficiency and suspend the Ordinance, or pass a resolution delaying the effective date of the t Ordinance takes effect unless challenged Ordinance 30 days to allow process completion. by referendum petition Clerk Administrator provides written report to <=21 days Sponsoring Cmte detailing deficiencies. =30 days Re-submit referendum petition with [ y deficiencies corrected to Clerk-Administrator >=9 days Council must either pass a resolution for petition sufficiency and suspend the Ordinance, or direct y Ordinance takes effect unless referendum the petition be filed as insufficient and the petition succeeds Ordinance takes effect. <=10 days Clerk-Administrator provides written notice of __ petition insufficiency to Sponsoring Cmte If sufficiency was declared, the City Council shall have the issue prepared for a ballot to f occur within 120 days pursuant to Chapter 5 Sec. 5.05 and Appendix A See Appendix A Mounds View Charter Appendix E - Recall Process Flow Diagram -Revision Date 12/12/2006 Form Committee of 5 to 10 Within 180 days of Is this the members and file copy of petition Obtain at least 25% filing petition,deliver first time petition No stating the Official's name and the of the number of all required grounds for recall with Clerk- votes cast for information to Clerk- has been tested for Administrator prior to circulation. President,most Administrator Sufficiency? Sec 5.03 Charter Section 5.02,5.08 recent election Sec 5.08 Sec 5.03 Yes Have all requirements been No • met? The Clerk-Administrator shall notify Within 30 calendar days the Sponsoring ec 5.03,5.0,. the Official sought to be recalled of Committee must resubmit corrected — the petition petition to Clerk-Administrator. Sec 5.04 Yes • Within 10 calendar days of receiving Have all completed petition,Clerk-Administrator 4 requirements been notifies the City Council and Sponsoring met? Committee of deficiencies.Sec 5.04 Sec 5.03,5.04 Within 10 calendar Within 9 calendar days of receiving days of receiving completed petition corrected petition Clerk-Administrator Clerk-Administrator reports to City reports to City Council-Sec 5.03 Council-Sec 5.04 City Council immediately declares sufficiency by resolution t v Sec 5.03 Declare petition terminated due to insufficiency&notify Sponsoring Committee no further • action will taken.Sec 5.04 A The Official shall be allowed Additional recall petition may not 14 calendar days to provide be filed against the same Official a response stating a for 1 year justification for their actions in not more than 500 words. Sec 5.08 • Prepare for ballot at a Primary,General,or Special election within 120 days of City Council declaring the petition sufficient. The published notice of the election shall include the statement of grounds for recall and if provided the Official's response. Sec 5.05,5.08 Did a majority of those voting on the No Recall fails recall vote in Favor Sec 5.08 Sec 5.08 Yes /The Official is recalled and the vacancy shall be filled pursuant to Section 4.05 of the City Charter. Sec 5.08 Page 1 of 2 City of Mounds View Charter Commission The Mission Statement The Mounds View Home Rule Charter establishes the basic organization, functions, and operational procedures of our city government. The purpose of the Charter Commission is to serve as custodians of the Mounds View City Charter in accordance with state laws to ensure that the Charter is an effective and workable document that will benefit our residents in overseeing • city operations and expenditures. * The Charter Commission meets on the first Tuesday of every month * There are presently vacancies on the Charter Commission. For more information about serving on the Charter Commission and a copy of the application, contact City Hall or download and print the application by clicking on the graphic below. • * * * The members are appointed by the District Judge to four-year overlapping terms with a maximum of two terms. Approximately half of the appointments expire every two years. The Commission originated in 1979 when the City of Mounds View adopted a Home-Rule Charter Plan. The Charter Commission meets on the second Thursday of the month or as needed. The Mounds View City Charter is now available online for viewing Commission Members Phone Number Term Expires Jonathan J Thomas, Chair 763-784-5205 (home) 10/31/2008 8040 Groveland Road 763-784-6478 (fax) Willard (Bill) Doty, Vice Chair 763-786-3421 10/31/2006 3049 Bronson Jean Miller, 2nd Vice Chair 763-786-3959 10/31/2008 2291 Hillview Road • Brian Amundsen, Secretary 763-786-5699 10/31/2006 3048 Woodale Drive Matthew Jon Eenigenburg http://www.ci.mounds-view.mn.us/chartcom.htm 6/28/2006 Page 2 of 2 5414 Jackson Drive 763-783-7216 10/31/2006 0 Carol Mueller 763-780-1251 (home) 10/31/2008 8343 Groveland Rd Barbara Thomas 763-780-6226 10/31/2008 5444 Landmark Circle William Werner, Sr. 763-784-3603 10/31/2006 2765 Sherwood Drive If you are a resident of Mounds View and would be interested in serving on the Charter Commission, click for an application or pick one up at Mounds View City Hall or contact the Deputy Clerk of the District Court, Judy Harris, 15 W Kellogg Blvd, Room 600, Saint Paul MN 55102 - Phone 651-266-8253. For more information, please call 763-717-4000 or e-mail us at: Wo@si.mounds-view.mn.us ci.mounds-view.mn.us %Jo, • HOME • http://ww w.ci.mounds-view.mn.us/chartcom.htm 6/28/2006 Mounds View Charter Appendix A Timeline for a ballot issue related to Initiative, Referendum or Recall - Revision Date 12/13/2006 Date of regular primary election, a special election may be scheduled concurrent with primary election even if it is less than 60 days prior to the general election. Special election, if a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. Date of regular general election, a special election may be scheduled concurrent with general election. Max 120 days Date a petition has been determined to be sufficient Special election, if a majority of those voting on the ballot issue vote in its favor, the resulting action shall be determined by the respective section of this Charter. No Special Election | | | 60 days No Special Election | 40 days Election Year Date a petition has been determined to be sufficient Non Election Year No Special Election | | | 60 days No Special Election | 21 daysSpecial election, depending on the time interval between the primary and general election there may not be any opportunity for a special election to occur between them but if the primary were to be earlier in the year such a time period may exist. 1LIakyj[Q.7_10IDili LTJ TO: Scott Riggs FROM: Dave Kennedy DATE: July 14, 2006 SUBJECT: Mounds View Charter: Proposed New Chapter 7 You've asked for my comments on the proposal being developed by the City Charter Commission to amend Section 7.03 of the Charter relating to taxation. The amendment is so extensive that I can only offer some general comments at this time. The amendment must be studied and analyzed much more thoroughly before submission to the voters for approval or to the Council for adoption by ordinance. I will point out some technical problems in the amendment below that will correspond to the numbers marked on the text itself. General Comments I don't think it advisable to repeal the present text of 7.03 which is a general grant of authority to set up any kind of taxing system not otherwise prohibited. Granted there are precious few such local taxes still available, but a Charter looks to the future and such authority might come in handy someday. Retaining the language does no violence to the rest of the proposal. The substance of the amendment is a system of levy limits for ad valorem taxes and, presumably, a number of fees and fund reserves. The state does not presently impose levy limits on cities but it has in the past and may in the future. It is probable, but not certain, that state imposed levy limits would pre-empt the limits proposed and they surely would if the Charter permitted higher limits than the statute. The amendment should probably state clearly that it applies only in the absence of state limits. (Levy limits could conceivably apply to the fees in Subdivision 2 since the 2006 tax legislation now treats "fees" as "taxes". Article 13, Section 15, Laws 2006, Chapter 259) If this proposal is to be submitted to the voters, the Commission should be aware that the City Council must fix the form of the ballot question in language "... sufficient to identify the amendment clearly". I think framing the ballot question for this complex amendment will be quite difficult. As a general matter the text of the proposal is quite long and should be edited accordingly. Many provisions may be dropped entirely as pointed out below. 293823v1 DJK NW210-4 Specific Comments (See numbers on text). 1. This first sentence is unclear and unnecessary. The City has the powers described and its class is set by law. 2. The "resolution" is the annual tax resolution sent to the County in the manner prescribed by law. It should say "The City's annual resolution to levy ad valorem taxes ..." 3. Suppose the CPI + 3% is 10%. I assume the limit would still be 6%. This could be crippling to the City in inflationary times. 4. I assume "Said index" refers back to the CPI. But is the 6% index based on the same CPI or a 12 month average? This should be clarified (unless I'm reading it incorrectly). 5. "Within the City" is superfluous. 6. When is notice given? Two days? Two weeks? 7. As pointed out above, framing a ballot question will be a formidable task. 8. What is a lay citizen? 9. Is the resolution the ballot question? 10. How does this tie in with the truth in taxation schedule? 11. What is a "special levy"? 12. Sales and use taxes are authorized by a general law that requires a special law and voter approval. At present they can't be modified locally. 13. What is a "valuation table"? 14. How is this "majority" calculated? 15. I think, given the language of this subdivision it will be extremely difficult to determine what fees are limited by this amendment. 16. This last sentence is superfluous. 17. This paragraph D is superfluous. I don't think there's any doubt about the meaning of the term "City" under the Charter and this language does nothing to clarify it, if clarification were needed. 293823v1 DJK W210-4 18. This paragraph E is superfluous. Section 7.12 refers to emergency debt certificates the issuance of which are totally governed by statute. See Minn. Stats., Sec. 475.754. 19. This limitation on reserves should be considered most carefully. Neither statute nor this Charter authorize them but they are commonly created and maintained and Moody's (and to some degree Standard & Poor's) place great weight on a City's reserves in assigning credit ratings. My feeling is that Moody's would not look favorably on this provision (or indeed on the whole proposed amendment). 20. The first two sentences are superfluous. There can be no reserves of tax increment and nothing here affects development agreements. 21. This subdivision is superflouous. Bond obligations may not be impaired under any circumstances, and bonds may not be issued for current expenses. See Minn. Stats., Section 475.52, Subdivision 1. 22. This subdivision merely states a fact and is superfluous. Also, the term "referendum" should be "initiative". In addition, this whole amendment contradicts Chapter Section 5.01 which precludes the use of initiative and referendum in matters involving levy of taxes. 23. There should be an effective date that allows the City administration enough time to adapt to these new limitations if adopted. I hope this is helpful. Please excuse the extraneous marks on the draft. 293823A DJK W210-4 Mounds View Charter Commission �J l CHAPTER 7 l TAXATION AND FINANCES Resolution 2006-06 Dated June 13, 2006 Section 7.03. System of Taxation. Subjeet to the state eanstitl Rion, and exeept as kwbidden by it or by state law, the Gotmeil sha4f taxation. This ftAarit f -to provide. by ordinanee fbr a system of laeal . sul�eets or objeets oftaxation exeept as limited or prohibited by, the state eonstittition, by NS Gharter or Subdivi ion 1 The City of Mounds View shall have In addition -to the powers granted by this Charter- all the powers to raise money by taxation pursuant to the laws of the State of Minnesota published data of the Consumer Price Index for all Urban Unnsumm in the Minneapolis St Paul metropolitan area as defined by the U.S. Department of Labor Bureau of Labor Statistics A) Adopt a resolution declaring the necessity for an additional tax levy and spec ify;na the purposes for which such additional tax levy is required B) hold a public hearing with a published noticlin the City's official newspaper, City — newsletter, and if available the City web sites sting forth the contents of the resolution described in SubdiyisiQn 2A C) D) Subdivision 3. Anv other fel sDeciatlevp created. • •�ii4- a •tjt V-3 0-10 0.0ims City of Mounds View 4000/ Mounds View Charter Commission Resolution 2006-06 Dated June 13, 2006 B) For the purpQses of this SQQIiQn, the, tQrm "fee" does not include: Filipg for Office fee, ]2a& or recreational 12ar-ticil2ati-on fees, charges for j2hoto-covying, sales of munidmiligggr stgrg- products. Building and Zoning Permil.Qr Inspection and Planningfees, or civil, criminal and banking fines and other darges collected in cases of restitution.oy-.vi6lation Qff law or contract, The term "fee" does not include charges collected by the direction ofthe State, County or other taxation authoriM or as a result of joint powers agreements, -The term "&g! also does not i ! i•. n•&Qs, ligggr license fees, cable•n service fee includingannual licen��T-ees for the operation of a regulated business, and any miscellaneous.fees for • saffety related Code enforcementand. other •••• y • materials routinely provided by the City to its itizens or other members of the public whiLch by law, must be limited to. the actual cQst of the service being provided. TheTerm "fee" shall not include any special assessments made under Minnesota Statutes Section 42.9as C) For the purooses of this Section "fee increase" includes a new tax or fee a mnnPtary increase in an existing tax or fee a tax or fee rate increase. an expansion in the legal etined by the State, all its departments personnel ommi ions and governing bodies adopted by Ordinance appointment or proclamation and areory i ed to ex r is the "Powers of the City" as defined by the State or this Charter. "City" shall nt include any governing body solely owing its existence to separate constitutional or statutory author' outside of the Charter and not as a result of Council action Ordinance appointment or proclamation regardless of whether that other governing body has jurisdiction or performs duties and sffvices within the boundaries i E) This Section does not a12p1v to anyanecific emergency measure authorized in Chapter 7 Section 7.12. City of Mounds View fund' wd-!-,x=ndiIures- The Council may raist.a fund's reserve beyo d 50%12rQvided-L I . the -Council designates by resolution and holds a public hearing reviewing the purpose of the ase and the Cijy fQIIQ)ys such increase the in Subdivision 2 of this S ction the year proposed pr with steps outlined fee- Drthat 2. the Council modifies and adopts by r=lution the Five Year FinaUQjaj Plaa. as Chal2ter 7, Section 7.05, specifying the fund reserve j2u.wQsQ and the City follows such promsed of such increased •n • collectiQn- City of Mounds View Mounds View Charter Commission Resolution 2006-06 Dated June 13, 2006 lew, fee, or other method used by the City for rai ins monev. City of Mounds View MU210-4 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com sriggs@kennedy-graven.com C H A R T E R E D MEMORANDUM DATE: January 23, 2006 TO: Kurt Ulrich, City Administrator FROM: Scott J. Riggs, City Attorney RE: City of Mounds View – City Council and Charter Commission Membership Compatibility In response to an issue raised concerning the compatibility of an individual serving in the capacity of a council member and a charter commission member, please find the following response. Based on the basic language of the City of Mounds View’s Charter and current State Statute, an individual cannot serve on both the City Council and the Charter Commission [however, see the following paragraph]. Minnesota Statute Section 410.05, subdivision 1 states that “[e]xcept as otherwise provided in the charter, no person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than judicial. The charter may provide that members of the governing body of the city cannot serve on the charter commission.” Minn. Stat. § 410.05, subd. 1 (2005)(emphasis added). Therefore, it is permissible under the statute for a council member to serve on a charter commission, unless it is not allowed by the charter. In this case, it is not allowed by the Charter. Section 2.04 of the City Charter states as follows: “Incompatible Offices. No member of the Council shall hold any municipal office or employment through the City other than that to which elected. Further, until one year after expiration of member’s term, no Mayor or Councilmember shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during member’s term as Mayor or Councilmember.” Since the City’s Charter does not permit a member of the Council from holding any “municipal office,” and a member of a charter commission has been interpreted by the Attorney General to be an “officer,” pursuant to the City’s Charter, a City Councilmember may not be a member of the Charter Commission. Op. Atty Gen. 358-E-1 (Aug. 22, 1946). MU210-4 It should be noted that this provision of Minnesota Statute Section 410.05 was amended on August 1, 2004. Prior to that, it read “[n]o person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than judicial.” Minn. Stat. § 410.05, subd. 1 (2004). It would have been permissible in 2004 for a City Councilmember to also serve on the Charter Commission, even though Section 2.04 of the Charter existed. However, notwithstanding the recent statutory change to Minn. Stat. § 410.05, subd. 1, it is questionable whether the statutory change applies to an individual presently serving in the capacity of a council member and a charter commission member as the charter provision in question was adopted prior to the effective date of the statutory change that provided the authority for a city charter to prohibit such dual service in municipal office. The Charter provision in question should likely not be given any effect unless properly readopted. In addition, City Council members have served on the Charter Commission in the past. It is therefore questionable whether the intent of Section 2.04 of the Charter was to prevent Council members from serving on the Charter Commission. Based on the above past history and the new statutory language, it would be recommended that if the City would like to continue in the future to allow a Councilmember to serve on the Charter Commission, that it amend the Charter in order to make it clear that it does not apply to this situation. If the City does not wish to amend its Charter, another option may be to request an opinion on this issue from the Attorney General.