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HomeMy WebLinkAbout12-09-2009 40/4" -c/ Mounds View Charter Commission Minut•s ��✓ice j� Wednesday, December 9, 2009 afr 1. Call to Order—The meeting came to order at 7:01 pm. 2. Roll Call—Present: J. Thomas, B. Thomas, B. Amundsen, J. Reiling, Susan Hutchins Excused: J. Miller, B. Doty, M. Haubrich Absent: 3. Approval of agenda Motion by B,Amundsen, second by J. Reiling, to approve agenda as amended. MOTION APPROVED Approval of minutes Motion by J. Reiling, second by B. Amundsen to approve minutes of Oct. 14th as written. MOTION APPROVED 4. Citizens comments from the floor None 5. Reports of the Chair Chair introduced the new member, Susan Hutchins. 6. Reports of members None • 7. Unfinished Business Discussion regarding Resolution 2009-05c as it pertains to scheduling the notice for the Five- Year Financial plan in the City Newsletter. Motion by Thomas, by J. uA;l;r approve Resolution 2009-5e as amended. B. second J. �_ g, to rp MOTION APPROVED Motion by B. Amundsen, second by B. Thomas, to submit Resolution 2009-05d to city staff. MOTION APPROVED Chair presented Resolution 2009-03c. Clerk-Administrator Ericson joined the commission for discussion. Consensus to add a reference to City Code Chapter 202 to Section 6.03. City Clerk- Administrator Ericson will check on assignment of duties referenced in 6.04 as it pertains to the Finance Director. Motion by B. Thomas, second by J. Reiling to approve Resolution 2009-03c. Motion by B. Amundsen, second by J. Reiling to postpone discussion of this resolution until the meeting on January 13, 2010. MOTION APPROVED Continued discussion of Chapter 8. Chair will assemble the outline as update. B. Amundsen • asked about the flow charts for Chapter 5 and if the Commission had ever attempted to update them to reflect the process in Chapter 8. Two charts would be necessary to represent both Initiative and Referendum portions. Mounds View Charter Commission Minutes Wednesday, December 9, 2009 8. New Business Discussion of the 2009 Summary Letter for the Court. B. Amundsen requested that language be added to the entry for March 12th' to reflect that changes to Resolution 2009-03 came from the Council. Motion by B. Amundsen, second by J. Reiling to approve the Summary letter as amended. MOTION APPROVED Motion by B. Amundsen, second by J. Reiling to submit to the court without further discussion. MOTION APPROVED Discussion of Resolution 2009-06 regarding future meeting dates. Motion by B. Amundsen, second by B. Thomas to approve Resolution 2009-06 as written.. MOTION APPROVED Discussion of agenda for the January meeting: discussion will include continued discussion of Resolution 2009-03d and amendments to Chapter 8. Adjournment Meeting adjourned at 8:24 p.m. • • City of CHARTER COMMISSION MEETING 01/‘e_g7 Mounds 7:00 PM Wednesday, Dec 9, 2009 /_ _�_v View Mounds View City Hall Preliminary AGENDA Charter Commission Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michael Haubrich _Jonathan J Thomas _Michael Haubrich 612-237-2859 Jean Miller _ Barbara Thomas Brian Amundsen Bill Doty 2"d Vice Chair Jean Miller _Jason Reiling _ Susan 763-786-3959 3. Approval of agenda and minutes Secretary Barbara Thomas Review and approve agenda 763-780-6226 Discuss Oct 14, 2009 Minutes Brian Amundsen 763-786-5699 4. Citizens comments from the floor Bill Doty 0786-3421 5. Reports of the Chair Jason R Reiling 763-350-3013 6. Reports of members 7. Unfinished Business 20 min, discuss Charter Section 7.05, Res2009-05 ! c 20 min, continue discussion on Clerk Administrator title Res2009-03c. 5 min, continue Chapter 8 discussion 8. New Business rr Srikin Stkerl v ickv-LO �c�D`� � court 5 min, Res 2009-06 Meeting schedule Jan - Apr 2010. 10 min, discuss next meetings agenda. 9. Adjournment 10. Next Regular Meeting Date - Jan 13, 2010 • City of Resolution No. 2009-03c OAlounds Mounds View Charter Commission View Draft Version — Dec 9, 2009 Cfiarter Commission Whereas, the Mounds View Charter Commission has reviewed the requests for updates to sections of the Mounds View Charter that are deemed necessary for Chair the City of Mounds View to have the Mounds View Charter refer to the person Jonathan J Thomas serving as the "Administrator" be referred to as the "City Administrator" rather than 763-784-5205 the "Clerk-Administrator" for consistency in the many documents maintained by the city and for better understandability of the term, and Vice Chair Michael Haubrich 612-237-2859 Whereas, a review of MN State Statutes does not reveal any legal distinction between the titles, 2nd Vice Chair Jean Miller Therefore, the Mounds View Charter Commission acting under Minnesota Statute 763-786-3959 410.12 Subdivision 7, recommends the following amendments by the addition of Secretary the blue and double underlined language and by the deletion of the Red and Barbara Thomas ctrickcn language. The Mounds View Charter Commission requests the City 763-780-6226 Council adopt this resolution by ordinance by the required unanimous vote. Brian Amundsen The Mounds View Charter Commission requests the City Council adopt this 763-786-5699 resolution by ordinance by the required unanimous vote. Doty Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey County, •ill 63-786-3421 Minnesota shall continue to be a municipal corporation under that name and with the same Jason R Refiling boundaries as now are or hereafter may be established. The Clerk Administrator City 763-350-3013 Administrator shall keep at least two copies of this Charter with amendments, and shall maintain in each copy an accurate up-to-date description of the boundaries. The copies of the Charter, amendments, and boundary descriptions shall be available for public inspection anytime during regular office hours. Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the Clerk AdministratorCity Administrator, removal from office, non-residence in the City, conviction of a felony of any such person after their election, or by reason of the failure of any Councilmember without good cause to attend Council meetings for a period of three consecutive months. In each such case the Council shall by resolution declare the vacancy to exist. Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace,health,morals, safety or welfare,in which ordinance the emergency is defined and declared in a preamble thereto. An emergency ordinance must be approved by a majority of available members of the City Council. An emergency ordinance must be in writing but may be enacted without previous filing or voting, and may be adopted finally at the meeting at which it is first introduced and voted • upon by the Council. An emergency ordinance shall remain in effect for the duration of the emergency. Resolution 2009-03b Page 2 of 10 • No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been adopted,filed with the Clerk AdministratorCity Administrator,and has either been posted in three conspicuous places in the City,or published as provided for in this Charter, or the person charged with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the prosecution. Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council shall be signed by the Mayor, and attested to, filed and preserved by the Clerk AdministratorCity Administrator. Every ordinance shall be published at least once in the official newspaper no earlier than eight(8)calendar days nor later than seventeen(17) calendar days from the date of passage, either in its complete form preceded by a summary of its contents or as a title and summary.' (Amended by Ordinance 790,Adopted July 23, 2007; Filed: August 29,2007.) The Ordinance or the Ordinance Title and Summary shall be published in a body type no smaller than brevier or eight-point type. A copy of any new ordinance may be obtained from the City at no cost. The entire text of the ordinance shall be posted on the City's web site, if there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy shall also be available in the community library, if there is one, or if not, in any other public location which the Council designates. In the case of lengthy ordinances, or ordinances that include charts or maps, if the Council determines that publication of the title and a summary of an ordinance would clearly • inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote of its members, direct that only the title of the ordinance and a summary be published, with notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the Clerk AdministratorCity Administrator. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance, and shall further state that the complete text of the ordinance is on file at the office of the Clerk AdministratorCity Administrator. The publishing of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. A copy of the publication shall be attached to and filed with the ordinance for reference. To the extent and in the manner provided by law an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code or ordinance or part thereof without publishing the material referred to in full, so long as the complete reference to the item is included. (Amended by Ordinance 790,Adopted July 23,2007; Filed: August 29,2007.) Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review, revise and rearrange its ordinance code and its resolution index with such additions and deletions as may be deemed necessary by the Council at least once every two years. The ordinance code and the resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made available by the Council at the office of the Clerk Administrator City Administrator for general distribution to the public for a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance provision not previously published, if a notice is placed in the official newspaper for at least two successive weeks that copies of the codification are available at the office of • the Clerk AdministratorCity Administrator. It is the intent of the Charter Commission that the Council will determine which is less costly. Resolution 2009-03b Page 3 of 10 Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first • Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at such places as the City Council shall designate. At least fifteen days prior notice shall be given by the Clerk Administrator City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the City stating the time and the places of holding such election and of the officers to be elected. Failure to give such notice shall not invalidate such election. Elected and qualified officers provided for by this Charter shall assume the duties of office to which they were elected on the first business day in January following such election. Section 4.02. Filing for Office. Subdivision 1. Pursuant to Minnesota Statute 205.13, as amended, no earlier than 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 by paying a filing fee of$20 or by filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the Clerk AdministratorCity Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance 736, Adopted May 10, 2004; Filed: May 19, 2004, Amended by Ordinance 759,Adopted June 13,2005;Filed: June 22,2005) Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by resolution order a special or advisory election and provide all means for holding it. At least fifteen days prior notice shall be given by the Clerk Administrator City Administrator by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least • once in the official newspaper of the City stating the time and places of holding such election. Failure to give such notice shall not invalidate such election. Section 4.05. Vacancy of Municipal Elected Office. Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. Subdivision 2. The Clerk Administrator City Administrator shall give at least sixty days published prior notice of such special election, except as set forth under Subdivision 5 of this section Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a committee of five (5) to ten (10) members who are voters of the City and whose names and addresses must appear on the petition as the Sponsoring Committee. A completed petition consists of one or more pages gathered together as a single document. Each separately circulated page shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectfully, to initiative, referendum and recall. The Sponsoring Committee may obtain a sample petition from the Clerk AdministratorCity Administrator. The Clerk Administrator City Administrator shall provided the number of signatures for petition sufficiency which is based on the total number of ballots cast for President in the most recent Presidential election. All petition circulators must be voters of the City. Each separate page of the petition must include a certificate signed and dated by the • circulator. The certificate shall affirm that each circulator believes the page to contain the genuine signatures of the voters whose names they purport to be and that each signer was presented with the full petition. Each signer of a petition must be a voter of the City and must sign and print their name and give their street address. The completed petition shall be submitted to the Clerk Administrator City Administrator for review. Any voter whose name appears on a petition may withdraw their name Resolution 2009-03b Page 4 of 10 by filing a statement in writing with the Clerk Administrator City Administrator before the Clerk • Administrator City Administrator advises the Council of the information related to the sufficiency of the petition or, if such completed petition is deemed insufficient pursuant to this Charter, during any time period that additional signature papers are being circulated by the Sponsoring Committee or reviewed by the Clerk Administrator City Administrator pursuant to Section 5.04. Consistent with the provisions of this Charter and the applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted July 23,2007;Filed: August 29,2007.) Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least the following: • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of the total ballots cast for President in the most recent Presidential election. • Petitions for Recall require signatures at least twenty five (25) percent of the total ballots cast for President in the most recent Presidential election. If all requirements have been met, the Clerk Administrator City Administrator shall report to the Council within ten (10) calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the sufficiency of the petition by resolution. (Amended by Ordinance 790, Adopted July 23,2007;Filed: August 29,2007.) Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be frivolous, the Clerk Administrator City Administrator shall report to the Council within ten (10) 4110 calendars days of receipt of the petition. If the Council determines the petition is frivolous,the Council shall direct the Clerk Administrator City Administrator to the file the petition as frivolous and no further action shall be taken. If the Clerk Administrator City Administrator determines that the petition does not meet the requirements for sufficiency and is not determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt of the completed petition. As specified in this Charter, the Sponsoring Committee shall have a twenty-one (21) calendar days to file additional signature papers and/or to correct the specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, the Clerk Administrator City Administrator shall determine whether the petition as corrected meets the requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the Clerk Administrator City Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten(10) calendar days that no further action will be taken. The final finding that the petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election. (Amended by Ordinance 790,Adopted July 23,2007; Filed: August 29,2007.) Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the proposed ordinance must be stated at the head of each page of the petition or attached thereto. The petition shall be filed in the Clerk AdministratorCity Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If a petition for initiative is determined to be frivolous, it is • prohibited from being repeated within one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar days after final determination of the petition's sufficiency according to Section 5.03 and 5.04 of this Charter, the Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision Resolution 2009-03b Page 5 of 10 3. Any amendment to the proposed ordinance must proceed according to Subdivision 2 of this • section. If an ordinance is adopted, it shall become effective thirty (30) calendar days after publication unless the ordinance specifies a later effective date. If the vote for adoption fails, the ordinance must be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed ordinance fails the same measure is prohibited from being brought forward again as an initiative within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for a proposed ordinance shall not prevent the Council from proposing a similar ordinance. Amended by Ordinance 790,Adopted July 23,2007; Filed:August 29,2007.) Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum process as defined in Section 5.07. Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed ordinance. The Sponsoring Committee shall have fourteen(14) calendar days from the receipt of the amended proposed ordinance to disapprove the amendment by majority vote, and file a statement with the Clerk AdministratorCity Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, the ordinance can proceed, as amended, according to Section 3.05 with no further • amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided in Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to submit the ordinance, as amended, as a ballot measure. Amended by Ordinance 790, Adopted July 23,2007;Filed: August 29,2007.) Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be subjected to a referendum by a petition which shall state at the head of each page, or attached thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee must file the completed petition in the office of the Clerk Administrator City Administrator at least ten (10) calendar days before the ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results the Council must immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained • in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter and is determined not, to be frivolous, the Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) Resolution 2009-03b Page 6 of 10 calendar days and the Sponsoring Committee will have twenty-one (21) calendar days in which to • file additional signature papers and/or to correct the specified insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this section. (Amended by Ordinance 790,Adopted July 23,2007;Filed: August 29, 2007.) Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the official whose removal is sought, the grounds for recall, which shall be malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk AdministratorCity Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. The Clerk Administrator City Administrator shall notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated within one year of the determination. If the Council declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen(14) calendar days of the declaration of sufficiency, the elected official named by the petition may provide a response for their own course of action in not more than five hundred (500) words. The • Clerk Administrator City Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the response of the official concerned or a statement stating no response was received. If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon certification of the election results. If the majority does not vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for that elected official for one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the administration of the City. The Council shall appoint an administrative officer to assist in the administration of City affairs. For purposes of reference in this Charter, this administrative officer shall be referred to as the Clerk AdministratorCity Administrator. - Section 6.03. Duties of the Clerk AdministratorCity Administrator. The duties of the City Administrator shall be specified in it Code and shall include those in MN State Statute for City Clerk unless otherwise assigned in City Code. The Council shall provide for the desianation. deleaation and/or assi•nment of some or all the duties to other city staff as needed. Subdivision 1. The duties of the Clerk Administrator of the municipality shall include the regular and special election, record the proceedings thereof, notify officials of their elections or • proceedings of the Council. Resolution 2009-03b Page 7 of 10 Subdivision 3. The Clerk Administrator shall keep an ordinance book in which shall be • recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Subdivision 5. Ordinances,resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk Administrator, and can .. . : ' . . . - . . , . • • such other appropriate duties as may be imposed upon by the Council. For certified copies and for Clerk Administrator to pay such fees to the municipal treasury. With the consent of the Council, the disability,the Council may appoint a Deputy Clerk Administrator, if there is none,to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk Administrator. Subdivision 6. The Clerk Administrator shall supervise the administration as provided by this Charter and Council action. . Subdivision 7. The Clerk Administrator shall prepare reports and summaries relating to Subdivision 8. The Clerk Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. Subdivision 9. The Clerk Administrator shall prepare the annual financial statement and such other statements that arc required by statute. Subdivision 10. The Clerk Administrator shall attend all Council meetings and provide input to the Council. The Clerk Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk Administrator shall supervise municipal employees, programs and activities,unless otherwise directed by the Council. Subdivision 12. The Clerk Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk Administrator shall supervise the conduct of local elections in • Subdivision 1'1. The Clerk Administrator shall advise the Council in decisions affecting the employment or removal of department h ds and appointed officials. Resolution 2009-03b Page 8 of 10 Subdivision 15. The Clerk Administrator shall work in cooperation with the Council's • appointed attorney and engineer. Subdivision 16. The Clerk Administrator shall prepare news releases and develop and discuss public relations with the general public. Subdivision 17. The Clerk Administrator shall consult, unless otherwise directed by the Subdivision 18. The Clerk Administrator shall be fully informed regarding federal, state and Subdivision 19. The Clerk Administrator shall advise the Council on the terms and conditions Subdivision 20. The Clerk Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk Administrator shall perform all other duties required by the Council. Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk AdministratorCity Administrator. The duties of the Treasurer shall be • specified by state law for the Treasurer in a statutory city. 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 City 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 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. 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. 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 AdministratorCity 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 Resolution 2009-03b Page 9 of 10 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 City Administrator deems desirable or as requested by the City Council. Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the public with a general time table 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 City Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 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 City 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. Section 7.07. Enforcement of the Budget. The Clerk Administrator City 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 City 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 Resolution 2009-03b Page 10 of 10 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 10.01. Except as otherwise provided by state law, no person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the City following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the Clerk Administrator City Administrator to guarantee publication before the ordinance is passed. Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties of their office,take and subscribe an oath of office in substantially the following form: "I do solemnly • swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (Mayor, Councilmember, Clerk AdministratorCity Administrator,etc.) of the City of Mounds View to the best of my judgment and ability." Section 12.04. Official Bonds. The Clerk AdministratorCity Administrator, the City Treasurer, and such other officers or employees of the City may be provided for by ordinance shall each, before entering upon the duties of their respective office or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their official duties. This corporate surety bond may be in the form of either individual or blanket bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form by the City Attorney, and filed with the Clerk AdministratorCity Administrator. The premiums on the bonds shall be paid by the City. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary • City of Resolution No. 2009-05c alounds Mounds View Charter Commission View Dated Dec 9, 2009 Charter Commission Whereas, the Mounds View Charter Commission has reviewed the requests for updates to Section 7.05 of the Mounds View Charter that are deemed necessary Chair for the Mounds View Charter specify that the Five Year Financial Plan be adopted Jonathan J Thomas by resolution as is indicated in Section 3.05 of the Charter "The general 763-784-5205 administrative business of the Council shall be conducted by Resolution." Vice Chair Therefore, the Mounds View Charter Commission acting under Minnesota Statute Michael Haubrich 612-237-2859 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Rcd and 2nd Vice Chair strickcn languagc. The Mounds View Charter Commission requests the City Jean Miller Council adopt this resolution by ordinance by the required unanimous vote. 763-786-3959 Secretary Section 7.05 Five-Year Financial Plan. Barbara Thomas 763-780-6226 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 Brian Amundsen 763-786-5699 public hearing upon at least 10 days .osted and published notice in the Cit 's official newspaper Cit newsletter, and, if available, the Cit web site and shall Will Doty then adopt on the five-year financial plan and adopt it by ordinancc, with or 63-786-3421 without amendment, by June 1st of each year. The financial plan shall consist of Jason R Refiling at least the following three elements as specified in subdivisions 2 through 4 763-350-3013 which follow: The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary City of Mounds Resolution No. 2009-06 Mounds View Charter Commission . View Dec 9, 2009 barter :ommission Re: meeting dates for Jan 2010 through Apr 2010. ;hair onathan J Thomas WHEREAS, at its Dec 9, 2009 meeting the Charter Commission moved, seconded 63-784-5205 and passed the motion meet at 7:00 PM on the 2nd Wednesday, if available, from ice Chair January 2010 through April 2010. tichael Haubrich 12.237.2859 BE IT RESOLVED, that the following dates are hereby submitted to the City Clerk-Administrator for posting to comply with the Minnesota Open Meeting Law. nd Vice Chair can Miller The dates are: 63-786-3959 1/13/2010, 2/10/2010, 3/10/2010, and 4/14/2010. ecretary 1arbara Thomas 63-780-6226 Adopted, Dec 9, 2009 till Doty 63-786-3421 R Reiling Respectfully submitted, 50.3013 Jonathan J Thomas, Chair Barbara Thomas, Secretary • Item No: 07A � Movlv `'' �svlEw Meeting Date: December 14, 2009 Type of Business: PH & CB Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Adoption of the Five-Year Financial Plan Background At the request of the City, the Charter Commission has been discussing an amendment to Section 7.05 of the Mounds View City Charter pertaining to the Five-Year Financial Plan. As originally drafted, this Section required for the Five-Year Plan to be adopted by Ordinance. The Charter Commission has discussed the amendment at multiple meetings and a resolution was adopted proposing new language. The City Council considered the new language at their meeting on November 23, 2009, and while the first reading of the ordinance amending the Charter was approved, the City Attorney suggested a revision be made to eliminate the reference"adoption as if it were adopted by ordinance." The Charter Commission considered the request at their meeting on December 9, 2009, approving a new resolution with language consistent with the City Attorney's recommendation. Discussion The Mounds View City Charter presently requires that the Five-Year Financial Plan be adopted by ordinance. Because of the additional steps necessary to adopt an ordinance and because of the nature of the subject matter, the City asked that the Charter Commission revisit Section 7.05 to eliminate the"adoption by ordinance" requirement. The Charter Commission agreed, and adopted a resolution recommending new language via their Resolution 2009-05a on October 14, 2009. While the new language did not require adoption by ordinance, language remained which referenced as much, creating the potential for confusion. Believing that a subsequent tweak to the language would be favorably considered by the Charter Commission, the City Council approved the first reading of the Ordinance. The Charter Commission met on December 9, 2009 to consider new language which addressed the City's concern while still satisfying the Charter Commission's intent. The new language in Section 7.05 will now require that the Five-Year Financial be approved after holding a "noticed" public hearing. The approval mechanism (resolution, ordinance, voice vote, etc.) is left up to the discretion of the Council. Ord 839 Report Dec 14, 2009 Page 2 Recommendation Open the public hearing and consider adoption of Ordinance 839, an ordinance which clarifies the process by which the City's Five-Year Financial Plan is noticed and approved. Adoption of the ordinance is by ROLL CALL VOTE. Respectfully Submitted, s3 CoWA g1.444-€AN James Ericson Clerk-Administrator Attachments: 1. Ordinance 839 2. Charter Resolution 2009-05d ORDINANCE 839 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING SECTION 7.05 OF THE MOUNDS VIEW CITY CHARTER RELATING TO THE FIVE-YEAR FINANCIAL PLAN THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 7, Section 7.05, Subdivision 1 of the City Charter be amended with additions underlined and deletions stricken as follows: 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 upon at least 10 days posted and published notice in the City's official newspaper, and, if available, the City web site and shall then adopt en 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 three elements as specified in subdivisions 2 through 4 which follow: SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 23rd day of November, 2009. Read and passed by the Mounds View City Council on this 14th day of December, 2009 Publication Date: December 24, 2009 Adopted this 14th day of December, 2009. Joe Flaherty, Mayor ATTEST: James Ericson, Clerk-Administrator (seal) City of Resolution No. 2009-05d _Mounds Mounds View Charter Commission View Dated Dec 9, 2009 CtarterCommission Whereas, the Mounds View Charter Commission has reviewed the requests for updates to Section 7.05 of the Mounds View Charter that are deemed necessary Chair for the Mounds View Charter specify that the Five Year Financial Plan be adopted Jonathan J Thomas by resolution as is indicated in Section 3.05 of the Charter "The general 763-784-5205 administrative business of the Council shall be conducted by Resolution." Vice Cham Therefore, the Mounds View Charter Commission acting under Minnesota Statute Michael Haubrich 612-237-2859 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Red and 2nd Vice Chair - - --e_-e-. The Mounds View Charter Commission requests the City Jean Miller Council adopt this resolution by ordinance by the required unanimous vote. 763-786-3959 Secretary Section 7.05 Five-Year Financial Plan. Barbara Thomas 763-780-6226 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 Brian Amundsen public hearingu•on at least 10 da s •osted and •ublished notice in the Cit 's 763-786-5699 official newspaper, and, if available, the City web site and shall then adopt on the Bill Doty five-year financial plan - -_ -toe _ . _ o."-- -, with or without amendment, by 763-786-3421 June 1st of each year. The financial plan shall consist of at least the following Susan Hutchins three elements as specified in subdivisions 2 through 4 which follow: 763-783-7111 The Mounds View Charter Commission requests the City Council adopt this Jason RReiiing resolution by ordinance by the required unanimous vote. 763-350-3013 Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary