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Home My WebLink About2003-2010 Staff Reports/Misc.Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michele Sandback 763-783-1770 2"d Vice Chair Daniel Freimuth 763-780-3371 Secretary Brian Amundsen 763-786-5699 Mary Amirahmadi 763-786-3477 Bill Doty 763-786-3421 iradley Jahnke 763-780-4900 Daniel Sach Le 763-783-5943 Sharon L Linke 763-786-4696 Dana Mandoza 763-784-8942 Duane McCarty 763-784-6074 Jean Miller 763-786-3959 William Mori 763-784-3645 Roger Stigney 763-786-3156 William Werner Sr 763-784-3603 Mounds View Charter Commission Feb 13, 2003 Preliminary Mounds View City Council Attention: City Clerk -Administrator Mounds View City Hall Honorable Mayor and Mounds View City Council: At the Nov 14, 2002, meeting of the Mounds View Charter Commission, a member of the Commission that is also a member of the Police Civil Service Commission presented an issue relating to the interpretation of the Mounds View Charter, Section 2.02. The Charter Commission has determined at its Jan 9, 2003, meeting that there is sufficient cause to render its opinion to you on the matter of the validity of the Police Civil Service Commission providing an administrative function for the city under the current wording of the Charter. We would like to note that although the Commission provides its opinion on such matters, the City Council and its legal counsel have the responsibility to interpret the Charter on behalf of the City. This was affirmed by Mr. Duke Addicks, an attorney for the League of Minnesota Cities, in his presentation before this Commission on June 14, 2001. It is the Charter Commission's opinion that Section 2.02 does appear to be in conflict with the existence of any appointed commission that would serve in an administrative role. It was also noted that the Police Civil Service Commission was formed and has served continuously since prior to the Charter and that in over twenty years it has not been challenged. The Charter Commission reviewed this issue on Thursday, January 9, 2003, and requests that the City Council provide direction to the Charter Commission for our future consideration to pursue one of the following options or other options the City Council may find appropriate. • The City Council could request that the Charter Commission review Section 2.02 of the Charter specifically excluding the Police Civil Service Commission and such other commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. • The City Council could abolish the Police Civil Service Commission defined by Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. Respectfully submitted, Jonathan Thomas, Chair Mounds View Charter Commission Brain Amundsen, Secretary Kennedy Graven CHARTERED 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax httu.-tlwwtiv. kei3 nedy-g ra ven. w m svkm kennedy-j-,raven.Com 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 Item No: 07G Meeting Date: July 24, 2006 Type of Business: CB City Administrator Review: Oty of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6884 Adopting the Recommendations of the Charter Commission for a Charter Language Amendment to Chapter 7 of the Mounds View City Charter and Authorizing Staff to Prepare Language to Chapter 7 for the Next General Election. Background: During the past several years, the Mounds View Charter Commission has been reviewing the lists of past requests for housekeeping and clarification updates to sections of the Mounds View Charter that have caused confusion or seem to be semantically incorrect. A number of these changes have been processed by ordinance by the City Council. However, if changes are deemed to be more substantive in nature, the Charter Commission may recommend that these amendments be put to a ballot referendum. The Mounds View Charter Commission has requested that the City Council prepare the following Charter language amendment for a ballot and have it placed before the voters at the next general election. The amendment is dealing with Section 7.03 of the Charter in regard to the City's system of taxation. The concepts that are proposed were discussed at the joint Council/Charter Commission Work Session held earlier this year and reviewed by the City Council on July 10, 2006, and referred to the City Attorney for review and comment. Discussion: The City Attorney has provided his comments to the Charter Commission and will meet with them to discuss the language amendment to Chapter 7 of the Charter on Thursday, July 20, 2006 at 7pm. Pending the outcome of this meeting, staff will prepare and deliver this agenda item at the City Council's home residence on Saturday, July 22, 2006. Attached are the attorney's comments on the proposed change to the Mounds View City Charter for your reference. The Charter Commission has requested the City Council's response within 30 days on any questions or clarification to any item as presented in the modification of language for Chapter 7, Section 7.03. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 1, has recommended the attached amendments by the addition of the bold and double underlined language and by deletion of the language. RESOLUTION 6884 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA CONSIDERING AN AMENDMENT TO CHAPTER 7 OF THE MOUNDS VIEW CITY CHARTER AS PROPOSED BY THE MOUNDS VIEW CHARTER COMMISSION AND DIRECTING STAFF TO PREPARE LANGUAGE TO BE PLACED ON THE BALLOT FOR A VOTE OF THE QUALIFIED VOTERS AT THE NEXT GENERAL ELECTION, PURSUANT TO THE REQUIREMENTS OF MINNESOTA STATUTE 410.12. WHEREAS, the City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View City Charter Commission, has received an amendment to Chapter 7 of the Charter of the City of Mounds View relating to "Taxation and Finances" as proposed by the Mounds View Charter Commission, and WHEREAS, The Mounds View Charter Commission has requested that the City Council prepare a Charter language amendment for a ballot and have it placed before the voters at the next general election, and WHEREAS, Minnesota Statute 410.12, Subd. 1 provides that the charter commission may propose amendments to the City Charter, and WHEREAS, MN Statute 410.12 Subd. 4 provides as follows: Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View does hereby adopt considering an amendment to Chapter 7 of the Mounds View City Charter as proposed by the Mounds View Charter Commission and directing staff to prepare language to be placed on the ballot for a vote of the qualified voters at the next general election, pursuant to the requirements of Minnesota Statute 410.12. Adopted this 24th day of July, 2006. Rob Marty, Mayor Kurt Ulrich, City Administrator City of Founds View Staff Report To: From: Item Title/Subject Item No. 02B Type of Business: WK Date: Feb. 5, 2007 City Administrator Review Honorable Mayor and City Council Desaree Crane, Assistant to the City Administrator Review Newsletter Postage Costs At the December 4, 2006, Work Session, delivery options were discussed for the Mounds View Matters Newsletter. Staff was directed at this Work Session to start the process of delivering the newsletter via U.S. Postal Service (USPS). At the start of this process, Staff discovered that the cost of delivering the newsletter by USPS was higher than reported at the December 4, 2006 Work Session. In addition to the higher than expected delivery costs, additional copies of the newsletter may need to be printed in order to accommodate the many apartment complexes and mobile home parks in Mounds View. The new preliminary costs for delivery/mailing of the newsletter via Standard/Bulk Rate by the USPS would cost approximately $1,089.80 per issue ($6,538.80/year). Standard Bulk Rate means that the USPS has within 2 weeks to deliver the newsletter upon receipt. If the City Council wished to deliver the newsletter via First Class Mail (delivery within a week upon receipt), then it the cost would be approximately $4,086.75 per issue ($24,520.50/year). This does not include what the printing company will charge for delivery to the post office and sorting the newsletter in accordance with USPS standards. Due to the present staffing at the City, Staff feels that sorting and delivery of the newsletter by City employees would be a big undertaking and would require hiring of additional employees or volunteers. A future issue with delivery of the newsletter is the proposed rate increase by the USPS. The USPS is currently proposing a rate increase for 2008. Attached is the proposed increase for your reference. Attached is the December 4, 2006 Work Session Staff Report on Newsletter Delivery Options. Staff would like more time in researching delivery and printing options. In addition, Staff is researching into reducing the number of issues to a more seasonal or quarterly timeframe. Staff sent an email to Jonathan Thomas, Mounds View Charter Commission Chair to see if there are any issues with the City Charter and see if this option would be viable under the current City Charter. As soon as Staff receives a response by the Charter Commission, Staff will inform the City Council. The March/April Mounds View Newsletter will be delivered by our current vendor, Independent Delivery Service. Respectfully submitted, Desaree Crane Memo To: Kurt Ulrich, City Administrato ^ ��; 1 64'��' tet:. From: Duane W. McCarty IL Date: October 25, 2004 Re: Charter Amendments I wish to request a City Council interpretation regarding the sections of Minnesota Statue 410 listed below. MSA 410.24 New or revised charter. Any city having a home rule charter may submit and adopt a new or revised charter in the manner provided by law for the original adoption of such home rule charter. 410.12 Amendments Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Such an ordinance, if enacted, shall be adopted by the council by an affirmative vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. City of Mounds View Memo To: Mounds View Charter Commission From: Desaree Crane, Assistant to the City Administrator CC: Mounds View City Council Kurt Ulrich, City Administrator Dan Weldon, MVCC Director Scott Riggs, Mounds View City Attorney Item Title/Subject: Mounds View Matters Newsletter Date of Report: May 2, 2007 Staff was directed by the Mounds View Charter Commission Chair to write a summary to the Charter Commission in regard to the publication and delivery of the Mounds View Matters. In accordance with the City Charter, the City of Mounds View publishes the Mounds View Matters newsletter six times a year. This newsletter is divided into two sections, City information and the Mounds View Community Center (YMCA). The City currently prints 5,600 copies of this newsletter during non -school year months and 6,500 during the school session months. These newsletters are delivered to the citizens of Mounds View, as well as some surrounding communities. Approximately 5,387 are delivered to residents, 260 to surrounding communities, and the rest are delivered are school in Mounds View (school months only). In 2006, the City paid $14, 089.15 in printing costs for the newsletter. Below is a breakdown. ISSUE NUMBER OF ISSUES COST Jan/Feb 2006 6,500 $2,498.00 Mar/Apr 2006 6,500 $2,088.00 Ma /Jun 2006 5,600 $2,208.00 Jul/Aug 2006 5,600 $2,194.74 Sep/Nov 2006 6,500 $2,405.91 Nov/Dec 2006 6,500 $2,694.50 Staff spends between 12 to 16 hours publishing this newsletter. As a result, the city is paying anywhere from $504.00 to $672.00 in staff time alone, per issue. In addition to publishing and staff time, the City also pays for delivery by Independent Delivery Service, with a cost $364.28 per issue. Therefore, the cost of publishing the newsletter could be as high as $20,206.83 a year. For delivery of the newsletter, the City is presently "piggy backing" with the Focus by using their delivery service, Independent Delivery Service. This means wherever the Focus is delivered so is the Mounds View Matters Newsletter. The YMCA (Mounds View Community Center) also mails 260 additional newsletters to surrounding communities, four times a year. The funds for delivering these additional 260 newsletters come out of the Mounds View Community Center Budget (YMCA). The MVCC also delivers newsletters to area Mounds View Schools during the school year. Issues for Consideration 1. Size and cost of printing the MVM. As you are aware, the MVM can be a rather large publication, due mostly to the size of the YMCA's contribution. In some cities, such as Blaine, newsletters are only a couple pages in length. Staff always strives to conserve space in the newsletter without compromising the readability. Many cities only publish their newsletters on a seasonal basis. Staff feels that by reducing the publication of the newsletter to a seasonal or quarterly basis would reduce the cost of printing, publication and staff time. 2. Delivery of the MVM Although Independent Delivery Service has stated that they deliver to all residents except those who have asked not to receive the MVM, staff receives numerous complaints from residents who should be receiving the MVM but are not. When a resident calls to complain that they have not received the latest issue, a copy is mailed to them and/or a call is placed to Independent Delivery Service. The fact that some residents are not receiving the MVM may be due in part to the fact that the MVM is bundled with the Focus News for delivery. Staff has requested from the Focus a map that shows exactly where the papers are delivered but the Focus has declined to respond, referring staff to Independent Delivery Service. As mentioned above, Independent Delivery service has stated that they deliver to all homes except those who have refused deliveries. Staff is currently looking into other ways of delivery to include the US Postal Service. The only way that Staff feels would guarantee delivery of this newsletter is by first pre-sorted mail. Staff did contact another delivery service that "piggy backs" with the Mounds View/new Brighton Bulletin and was told that they did not deliver to Mobile Home Parks nor did they deliver to apartment complexes. Staff has contacted the Mounds View Community Center/YMCA, and they stated that publishing/delivery of the Mounds View Matters every quarter will suffice the requirements of the YMCA as long as City Staff can give them enough time to transition to a quarterly basis. In order to change the present policy for printing and delivery, the Mounds View City Charter and City Staff would have to start the process of revising the City Charter by Ordinance approval. Staff would like to start this process as soon as possible, and would like to publish the newsletter on a quarterly basis as early as the beginning of next year. Respectfully submitted, Desaree M. Crane 2 CIOof 1Xounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 651.205.6848 Thai W Vang 763.792.1750 Mounds View City Council (Draft Memo for Charter Commission Review) Attn: City Administrator Mounds View City Hall May 5, 2007 Honorable Mayor & Council Members: The Mounds View Charter Commission would like to request your assistance and direction in regard to a few different issues we have been asked to address. We would like to request Council response to these issues as soon as can be arranged and would be interested in a joint meeting to discuss these items at the Council's request. The first issue regarding Section 2.02 for Commissions and administrative authority has been discussed by the Charter Commission on multiple occasions and a request for direction regarding the Police Civil Service Commission was sent to the Council in May of 2003. We have not yet received a response and would like to remind the Council of what options the Charter Commission determined were available to the Council: • The City Council could request that the Charter Commission review Section 2.02 of the Charter specifically excluding the Police Civil Service Commission and such other commissions as it may deem necessary, from the restriction of not allowing any commissions that would serve in an administrative function. r The City Council could abolish the Police Civil Service Commission defined by Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. In the intervening time, we have come to the conclusion that the Economic Development Authority is also in a similar position. However, the options that were presented to the Council in 2003 for how to address the conflict in language between the Charter and State Statute are not necessarily applicable. The first option would cover all commissions that the Council would choose to include but the second option would only cover the Police Civil Service Commission. Further research into the Economic Development Authority Statutes and what the options for Council action to remove administrative authority would have to be pursued by legal counsel. At such time, the Council could discuss this issue and decide on a direction they would like the Charter Commission to pursue. The second issue is in regard to language in Section 3.02 providing that Council Members be appointed as liaisons for City Departments. This provision has not been met in several years and the Commission would like direction from the Council on how or even if this language should be revised. We merely wanted to bring this conflict to the Council's attention. The third issue was raised by City Staff at the request of the Council in February of this year. This item is still under discussion by the Charter and staff was given several items to research which have not yet been re -addressed. Any direction the Council could provide on this matter would be helpful. The Charter Commission thanks you for your time and attention on these matters and looks forward to your response Respectfully submitted, Jonathan Thomas, Chair Barbara Thomas, Secretary cx�y Qf Mounds Mounds View City Council s-- View, Attn: City Administrator --firMounds View City Hall ' June 20, 2007 Honorable Mayor & Council Members: Charter Commission The Mounds View Charter Commission would like to request your assistance and direction Chair in regard to a few different issues we have been asked to address. We would like to request Jonathan J Thomas Council response to these issues as soon as can be arranged and would be interested in a joint 763-784-5205 meeting to discuss these items if the Council desired further input. Vice Chair Bill Doty The first issue is regarding Section 2.02 for Commissions and administrative authority has 763-786-3421 been discussed by the Charter Commission on multiple occasions including a request for direction regarding the Police Civil Service Commission that was sent to the Council in May 2nd Vice Chair Jean Miller of 2003. We have not yet received a response and would like to remind the Council of what 763-786-3959 options the Charter Commission determined were available to the Council at that time: Secretary • The City Council could request that the Charter Commission review Section 2.02 of Barbara Thomas the Charter specifically excluding the Police Civil Service Commission and such 763-780-6226 other commissions as it may deem necessary, from the restriction of not allowing any Michael Haubrich commissions that would serve in an administrative function. 651.204.6848 • The City Council could abolish the Police Civil Service Commission defined by Thai 92 Vang 763.792.1750 Section 404 of the City Code and Minnesota Statute 419.16 which according to Minnesota Statute 419.16 would require a unanimous vote of the City Council. Then the City Council could amend Section 404 of the City Code to create an advisory only Police Civil Service Commission. In the intervening time, we have come to the conclusion that the Economic Development Authority is also in a similar position. However, the options that were presented to the Council in 2003 for how to address the conflict in language between the Charter and State Statute are not necessarily applicable. The first option would cover all commissions that the Council would choose to include but the second option would only cover the Police Civil Service Commission. Further research into the Economic Development Authority Statutes and what the options for Council action to remove administrative authority would have to be pursued by legal counsel. At such time, the Council could discuss this issue and decide on a direction they would like the Charter Commission to pursue. The second issue is in regard to language in Section 3.02 providing that Council Members be appointed as liaisons for City Departments. This provision has not been met in several years and the Commission would like direction from the Council on how, or even if, this language should be revised. We merely wanted to bring this conflict to the Council's attention. The third issue regarding authority for collection of fines for Administrative Offenses was raised by City Staff at the request of the Council in February of this year. This item is still under discussion by the Charter and staff was given several items to research which have not yet been re -addressed. Any direction the Council could provide on this matter would be helpful. Item No: 7J Meeting Date: June 23 2008 Type of Business: CB Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk -Administrator Item Title/Subject: First Reading and Introduction of Ordinance 810, an Ordinance Amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter Relating to the Certification of Unpaid Property -Based Administrative Offense Penalties Background: The Charter Commission, at the request of the City, has been discussing possible Charter amendments to address a mechanism by which unpaid administrative offense penalties could be certified to the property taxes in a manner similar to a special assessment. The City Attorney has provided information, has attended a Charter Commission meeting and has been in consultation with the Commission during this process to assist with a satisfactory outcome. On June 12 of this year, the Charter Commission approved Resolution 2008-02, which is attached for your reference. Discussion: Attached is Ordinance 810 which incorporates the language adopted by the Charter Commission in Resolution 2008-02. The City Attorney has reviewed the final resolution and is comfortable with the language with the exception of the five underlined words in Section 8.06 as shown below: "The City must provide an opportunity for a hearing regarding the method of payment before either the City Council or a neutral third party as specified in City Code." Staff has communicated to Chair Thomas our concern with this underlined language and we have invited the Chair and/or commission members to attend this meeting. The City Attorney will be present at the City Council meeting to elaborate further on the underlined passage. Recommendation: Staff recommends the City Council approve the first reading and introduction of Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 of the City Charter relating to the certification of unpaid property -based administrative offense penalties. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The public hearing and second reading is scheduled for Monday, July 14, 2008, at 7:05 pm. Ordinance 810 Report June 23, 2008 Page 2 Respectfully submitted, Jim Ericson Clerk -Administrator Attachments: 1. Charter Commission Resolution 2008-02 2. Ordinance 810 0 y of Mound View cha-.a'tel. (,'at mu'ss1ara Chair Jonathan J Thomas 763-784-520 Vice Chair Bill Doh- 763-786-3421 2nd Vice Chau, Jean _Biller 763- 786-3959 Secretary BarbaraThomas 763-780-6226 Michael Haubrich 763.432.3181 Resolution No. 2008-02 Mounds View Charter Commission Dated Jun 12, 2008 Whereas, the Mounds View Charter Commission has reviewed the requests for updates to sections of the Mounds View Charter that are deemed necessary for the City of Mounds View to have the authority to certify certain property based Administrative Offenses in a similar manner as special assessments, therefore; The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined and by the deletion of the do ; mid ctrl ke;4 laRguaEla. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote - CHAPTER 8 PUBLIC IMPRCIITIAENTS AND SPECIAL ASSE5SIVIENTS The -C. ItV rn ust give notice to the properhr owfler Bated on the official tax records at least 3D days prior to imposino the certification. The-Utv must attempt t4 [obtain voluntary raaymnt of the fees and penalties and allok,� IjI i2roi=,r_owner the opportunity to rer��z st certifiratinn a. City must rovide aro DDortunity for a hearing regard I n a the method of )avment before elther the Shy CQuncil or a neutral third party as specified ilt City Code_, �- ►IFsT�z�IT[Ti7�31c�T► - � - [ - r r - ► - Certifications uCiOer this ordinance Shall be Imoose-d QursuiaaLto MN State 5talutes incl 366.011. 366.012, 415.01, and 429.101, as amended and ,as -specified in City Code, CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS CivilSection 12,14 Fines and Hy mjsdemeaFpi,-oLiniaha1)Le in by ordinance a Drocedufe for - imposing a civil penalty known as ars administrative offense as defined in City Code. Section 12."15. This Charter bec.oines effective J. nuaf ° 1, 1980- or thirt}F da} s after adoption, tit-aiche ver comes later. Respectfully submitted, Jonathan J Thomas, Chair -7-5:� Barbara Thomas, Secretary ORDINANCE NO. 810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.06, AND CHAPTER 12, SECTION 12.14 OF THE CITY CHARTER RELATING TO THE CERTIFICATION OF UNPAID PROPERTY -BASED ADMINISTRATIVE OFFENSE PENALTIES 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 8 of the City Charter be amended by the addition of the new Section 8.06 as follows: CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.06. Certification of Administrative Offense Penalties. Authority is Granted to the City_ of Mounds View to certify unpaid property -based Administrative Offense penalties by certification to_2ro,pertv taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must_require at least the following: The City must give notice to the-propQrty-powner listed on the official tax records at least 0 days prior to im osin he certification. The City must attempt to obtain voluntary payment of Abe fees and penalties and allow the property owner the opportunity to request certification as a method of payment. The City must provide an opportunity for a hearing regarding the method of payment before either City Council or a neutral third paMi as specified in City Code. Administrative Offense penalties and charges muster directly related to the property being assessed according to City Code and as published in the fee schedule. G Certifications under this ordinance shall be imposed pursuanto MN State Statutes i c udin -366.011, 366.012 41 5.01, and 42 .101, s_ amended and as specified in City Code. SECTION 2. 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 12 of the City Charter be amended by the addition of new language in Section 12.14 and the former language in Section 12.14 be renumbered as Section 12.15 as follows: Ordinance 810 Page 2of2 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.14. Fines and Civil_ Penalties. The Council mayrp o— ide by ordinance that a violation -qf a Q'ty ordioB ce is either a misdemeanor ora wetty misdemeanor punishable in accordance with State law. The Council shall establish by ordinanceeaa procedure for im osinci a civil penalty known as an administrative offense as defined in City Code. Section 12.15. This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. SECTION 3. 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 June, 2008. Read and passed by the Mounds View City Council on this 14th day of July, 2008. Publication Date: July 23, 2008 Rob Marty, Mayor ATTEST: Jim Ericson, Clerk -Administrator (SEAL) Item No: 09G Meeting Date:Maw 200 Type of Business: Council Business Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Review of Charter Commission Resolution NO. 2003- 04; Recommendations for Modifications to Section 2.06 of the City Charter (Mayor's Powers and Duties) and Section 4.05 of the City Charter (Vacancy of Municipal Elected Office). Background This item was previously postponed by the Council along with the proposed Section 5 amendments, in order to allow additional staff research. Discussion The proposed revisions primarily clarify the language of the Charter with only minor policy implications. Charter Commission Chair Thomas has been invited to the Council meeting to explain the background of the proposal. Recommendation Staff recommends approval of moving forward with consideration of an ordinance amending Sections 2.06 and 4.05. The Council may either direct staff to prepare the ordinances to implement the proposed revision, provide additional direction to the Charter Commission, or postpone this item if its determined more information is necessary to make a decision. A unanimous vote is necessary to approve a Charter Amendment. Kurt Ulrich City Administrator Attached is a Charter Commission Resolution for the Council's consideration regarding Section 2.06 and Section 4.05 of the City Charter. The Charter Commission adopted this Resolution on October 10, 2003. Please discuss and advise Staff if City Council wishes to proceed with processing an Ordinance(s) regarding these sections. Respectfully submitted, Kurt Ulrich, City Administrator 0t I, of _llotin is Vied Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Bill Doty 763-786-3421 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Michael Haubrich 763.432.3181 Resolution No. 2008-02 Mounds View Charter Commission Preliminary Draft Dated Jun 10, 2008 Whereas, the Mounds View Charter Commission has reviewed the requests for updates to sections of the Mounds View Charter that are deemed necessary for the City of Mounds View have the authority to certify certain property based Administrative Offenses in a similar manner as special assessments, therefore the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the bj-ue and double underlined lanauaae and by the deletion of the Red and ct.c ^mean^ The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 11 MUM9,1=1 KQIKII% kill jigIr . •. ■ 1 ■1. ■ • _ 1• r • 1 a111111111111111111111 IN r■ *• fW •• ■ 1 ! ! •fill • i ■ + ■ 1! a ■ ■11114IMPT111151"WIRIF PDARME414MI11411M., •• .1■ � "R 1 •� CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS 011-117ir W., Olin 1111, t X41! f , •1 r l •t. 1 ■ ■�" Section 12.4-4ia. This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary Work Session February 4, 2008 Joint MeetinE between Charter Commission and City Council Issues to be discussed include Clerk Administrator title -inconsistencies, fees in Chapter 7.04, Section 8.04 regarding assessments, Section 3.02 regarding Council liaisons, Administrative Offenses, Section 2.02 regarding the EDA and the PCSC, etc. Section 2.02. Roger thinks the PCSC is a good thing; eliminates the politics of the council appointing police positions. It was noted that politics still exist, except it's in the hands of three people rather than five. Roger indicated everything is political. The Charter could be amended to say that it does not apply to the PCSC or it could be disbanded (or used as more of an advisory board.) The EDA is outside of the requirements of the Charter, outside of the controls of the Charter. Rob says leave the EDA alone --the districts will be expiring. Chair Thomas indicated changes would be necessary regardless, Rob directed the Charter Commission to make the language correct. Section 3.02. Can we delete that as an option? There are other aspects aside from just deleting it. What was the original intent? Roger quoted Bill Doty's interpretation of the original intent. Was section 3.02 ever successful or necessary? Maybe council members should talk to senior employees. Look into the issue and re -address. Jonathon said intent is to improve communication Working on Administrative Offenses -No further comment Section 8.04. Charter has confusing requirements. The Charter is inconsistent with city's present assessment policy. With the new financing plan, whether intended or not, options are being taken away from the Council and as well as a residents. Charter needs to be amended sooner rather than later. City needs to move forward with projects, residents need to be involved. Roger agrees with some of the comments. What do special assessments apply to? Charter language needs to have safeguards. Wording is poor in Charter? Does Charter clearly define how a streets project moves forward? Any assessment should be petitionable. Valerie Amundsen asked whether the unaffected people could raise a petition. It was pointed out that unaffected residents could and can petition. Joe stated the language in question is for assessments, not the petition process. Clerk Administrator lan a e. Have Scott Riggs review the statutes and provide an opinion. Section 7.04, Fees. Charter commission will be providing Council with a Charter amendment to resolve new found inconsistencies and ambiguities. Jonathan and Barbara reminded the public that there are a number of positions available on the Charter Commission. City of Mounds View Staff Report To: From: Item Title/Subject: Background: Item No: 7A Meeting Date: April 13, 2009 Type of Business: CB & PH Administrator Review: Honorable Mayor and City Council Jim Ericson, Clerk -Administrator Public Hearing to Consider the First Reading and Introduction of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. According to Subdivision 1 of Section 7.03, any fee increased beyond the limits established shall be put to a vote of the residents at a general or special election. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for a public hearing and first reading on April 13, 2009, with a second reading and adoption presently scheduled for April 27, 2009. Recommendation: Staff recommends the City Council hold the public hearing and approve the first reading and introduction of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Respectfully submitted, Jam, &a-U4�., James Ericson Clerk -Administrator ct?�, of 1Mouilds View Charter Commission. Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean lZiller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-02d Mounds View Charter Commission Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Mounds View Charter, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the b_j.tue��_dflutale. underlin cage and by the deletion of the Red and stri language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cele; gas and electric), Adva_nistpatiye oMnse +ee ,, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not spedficAly:excludyd in e Subd. 3b. b) For the purposes of this Section, the tenn "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 .o'., -.;.ion servitv franchise fees, annual license fees for the operation of a regulated business, and inly- meou-s-. es for services, including health and safety related Code enforcement, an other goods, services or materials routinely provided by the City to its eifizewi ar nthe • _. .,bem-s._ofthe public- .. kieh, by limes ,_-F he limited te-that for those annlicable. pursuant to NIN '51aluiL, the inouul_chaiped for certain Fees shall reflect the actual cos of the e r..,:.... -;ded. The tern "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 feeaxcluding the anuli; I recertification of the utility franchise fee. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 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 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions stricken as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for sable, gas and electric), a stratk e► RSe--fees= and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specificaliv excluded in Section 7.03 Subd. 3b. 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 televi°^. ...^e franchise fees, annual license fees for the operation of a regulated business, and-any�--mtssellaneeus fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to-its--GAizens-ef-ether--membeTs-c4-zh"ublis-w[4iel,-by-law-, must--b"imitedAe that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost of#ae service being-previded. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 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,, excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk -Administrator (SEAL) Item No: 7F Meeting Date: April 27 2009 Type of Business: CB Administrator Review: City of Mounds View Staff Resort To: Honorable Mayor and City Council From: Jim Ericson, Clerk -Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" Background: The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: A public hearing was held on April 13, 2009 to consider the first reading and introduction of the subject ordinance. While the first reading was ultimately approved, there were two questions raised regarding the language which I will restate and address in this report. One of the proposed changes is to exclude the annual reauthorization of the utility franchise fee from the limitations imposed in Section 7.03. Without the proposed exclusion, a strict interpretation of the Charter would require that the City conduct a referendum EVERY year to continue with the gas and electric franchise fee, which sunsets annually. The Council asked what happens when the Franchises agreements expire and new Franchise agreements are adopted—would the proposed exclusion apply even then? Staff's interpretation is that the annual reauthorization applies to the franchise fee and is not tied to approvals of new Franchise agreements, which would occur Nov 2012 in the case of Xcel and July 2019 in the case of CenterPoint. Members of the Charter Commission have been asked to provide their opinion regarding this specific revision and have been invited to attend the meeting on April 27tH The other issue raised by the Council addressed the broader aspect of how fee increases are controlled and under what circumstances a referendum would be required. The Charter, in Section 7.03, imposes limitations on general fund levy increases and increases to fees that are passed along to residents. How this works is explained on the following page. (The complete text of Charter Section 7.03 appears later in this report.) Ordinance 819 April 27, 2009 Page 2 Subdivision 1 of Section 7.03 of the City Charter indicates the following: The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. Thus, it is not possible for the tax levy to increase by more than 5% from one year to the next, and if the CPI is less than 3%, the maximum increase would be less than 5%. If the proposed levy exceeds the cap, the proposed increase would need to be put to a vote of the residents by referendum. The same increase limitations apply to certain fees imposed and adopted by the City Council. Subdivision 3 of Section 7.03 indicates that any fee that is increased beyond the same limits as imposed upon the levy shall be put to a vote of the residents by referendum. For example, if the Council desired to increase the utility franchise fee back to 4% from 3.75%, that would result in an increase of more than 6%, more than what is allowed by the formula in Subdivision 1. Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for second reading and adoption, with an effective date of August 5, 2009, if approved. Recommendation: Staff recommends the City Council approve the second reading and adoption of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Action on the ordinance requires a ROLL CALL VOTE. Respectfully submitted, J<....< Ems, James Ericson Clerk -Administrator oty of Mouiid.s View Charter Com.niission. Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-02d Mounds View Charter Commission Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Mounds View Charter, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined lanaugge and by the deletion of the Red and 4ng4age. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for tile; gas and I electric),fee.", and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds VieVv ci ral v esdutteci in ee ' 7 3 u 3b. I b) For the purposes of this Section, the team "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 teen "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 tern "fee" also does not include rental housing fees, liquor license fees, cable folei ° e franchise fees, annual license fees for the operation of a regulated business, and any �ce'Tfees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to ft% eltizesti 8-• othe • .._beers Of the ,.=. 3he Which by law, & _.•. 4.., 4H* 4,.1-�tjaat fQ!' tizQtie a�rolicable. nur-suant to ' the actual cost of tl%e set- °••e hero- ,........:.' '. The tern "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. excluding the -a-im-ital-re-oyrfification of the utility nchise fee. Respectfully submitted, Jonathan J Thomas, Chair E R. Barbara Thomas, Secretary CHAPTER 7 TAXATION AND FINANCES Section 7.01 Council to Control Finances. The Council shall have full authority over the financial affairs of the City except as limited or prohibited by the state constitution, state laws, or this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of accounts. It shall fiirther provide for the safekeeping and disbursements of public monies by the City Treasurer. Section 7.02 Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7.03 System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the Council shall have fill power to provide by ordinance for a system of local 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 by state laws imposing restrictions upon the City irrespective of Charter provisions. Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. Subdivision 2. The City Council may levy a tax against real and personal property in excess of the limit set in Subdivision 1 provided the Council shall: A) Adopt a resolution declaring the necessity for a n additional tax leery and specifying the purposes for which such additional tax levy is required. B) Hold a public hearing upon at least 10 days posted and 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 and a summary of such resolution will be the ballot question for the electorate at the next regular municipal election or special election, per this Charter's Section 4.04, as amended, prior to the final levy approval. 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. 17 Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric), Administrative offense fees, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View. 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 being provided. The tern "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) This Section does not apply to any specific emergency measure authorized in Chapter 7 Section 7.12. or MN Statute 475.754, as amended. Subdivision 4. The City shall not levy to increase any fiord reserve beyond 50% of an average of that fraud's previous five years annual expenditures. The Council may raise a hind's reserve beyond 50% provided: a) 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 b). the Council modifies and adopts by resolution the Five Year Financial Plan, as defined in Chapter 7, Section 7.05, as amended, specifying the find 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 MN Statutes 469.174 18 to 469.1799, as amended. This Subdivision shall not require the City to divest or expend any excess of any reserve Rind(s) currently exceeding the specified limit, provided the Council, within 90 days of adopting this 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 fall faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of fiinding the routine and daily business operations of the City. (Section 7.03 Amended by Referendum Election, November 2006) 19 ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 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 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions c*�.GkeR as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for sables gas and electric), Administ, e--offense-fees= and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specifically excluded in Section 7.03 Subd. 3b. 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 W ' ' service franchise fees, annual license fees for the operation of a regulated business, and-any—i-sseltaneous fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its -4rAtazen"r-ether-mernber-s--Gf_-the-public�hieh; b�r4aw, mast--be-lana+ted-to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost of he cnrs.ina hWprovidefl The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 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, excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Effective Date: August 5, 2009 Joe Flaherty, Mayor ATTEST - Jim Ericson, Clerk -Administrator (SEAL) Nyle Zikmund From: Jim Ericson Sent: Friday, July 24, 2009 12:52 PM To: 'JThomas' Cc: 'bvamundsen@comcast.net' Subject: City Code Chapter 202, Public Improvements Attachments: Chapter 202.pdf Jonathan, Attached is Chapter 202 of the Mounds View City Code regarding Public Improvements and assessments. Have not heard whether you'd received this or not, so thought I would send it. Yes, the City Code is available online in PDF format. Regarding the water service repair fee discussion... A small portion of the cost of the street projects is paid through the Water, Sanitary Sewer and Storm Water utility funds in an amount roughly equivalent to their proportionate share of the overall project. These funds receive their revenues primarily through the utility bills sent to property owners or utility users each quarter. The water service repair fee collected quarterly ($4.50) covers the anticipated cost of residential water line repairs in the community. The quarterly fee is intended as a break-even proposition; the revenues generated by this fee are NOT used for street projects, although they are held in the same account. Finance Director Mark Beer can give you more information on that if you'd like when he's back from his vacation. I have not seen a copy of your adopted Resolution 2009-04 relating to your revised schedule, so the calendar does not yet reflect your revised meeting dates. If you have a copy of that you could send us, we'll update the calendar accordingly. Finally, the Charter will be updated in August after Ordinance 819 (amending Section 7.03) goes into effect. We'll make new copies for each of you and have them available for your September meeting. If you need anything in advance of your August 12th meeting, just let me know. Thanks! Jim Ericson Clerk - Administrator City of Mounds View 2401 County Road 10 Mounds View, MN 55112 763-717-4001 (Phone) 763-717-4019 (Fax) 763-464-9644 (Cell) www.ci.mounds-view.mn.us (Web) City of Mounds View Staff Report To: From: Item Title/Subject: Background: Item No: 7A Meeting Date: April 13, 2009 Type of Business: CB & PH Administrator Review: Honorable Mayor and City Council Jim Ericson, Clerk -Administrator Public Hearing to Consider the First Reading and Introduction of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. According to Subdivision 1 of Section 7.03, any fee increased beyond the limits established shall be put to a vote of the residents at a general or special election. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for a public hearing and first reading on April 13, 2009, with a second reading and adoption presently scheduled for April 27, 2009. Recommendation: Staff recommends the City Council hold the public hearing and approve the first reading and introduction of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Respectfully submitted, Jam, James Ericson Clerk -Administrator MY of illouiids View Chatter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-02d Mounds View Charter Commission Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Mounds View Charter, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double unn dined lar uq aae and by the deletion of the Re +iii--strac k-e-ri Vie. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or lei, , created, or increased beyond the limits set forth ui Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for eftble, gas and I electric), Admin 4• •five offense f e i -and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds Vim -and not snecificalbc>lr-din Section 7.03 Subd. 3b. I b) For the purposes of this Section, the teen "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 terrn "fee" also does not include rental housing fees, liquor license fees, cable television see. ^^� franc 11ise fees, annual license fees for the operation of a regulated business, and mai= "imseelloble"I•r fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its eiti ...m or oilier ,r, .,�.�, .r.r ,.w;�i. :..:.. ..� i. �: :..,.i .., th:�t fog• those Hn _'rx%]�, 1jursuant to MN -Statute, the aniount charged for certain fees shall reflect the actual cost of the serviee her••ter The tern "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, excluffing W annual recertification of tht utifify franchise fee. Respectfully submitted, Jonathan J Thomas, Chair � ZaZo_�� Barbara Thomas, Secretary ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 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 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions st�mcken as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for Gable, gas and electric),.trative-offense f�.r and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specifically excluded in Section 7.03 Subd. 3b. 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 some franchise fees, annual license fees for the operation of a regulated business, and -any m l -lavers fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to --its Gitlzens-Qr--otheFmembei-s-ef-t-h"ubiic-whiol,-layL--law-, fnust be4imtee that for those applicable, pursuant to MN Statute the amount charged for certain fees shall reflect the actual cost oMe-service-beirvg--prvwded. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 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., excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk -Administrator (SEAL) 1U MOUNDS VIEW Ciry of Mounds View Staff R Item No: 07A Meeting Date: December 14, 2009 Type of Business: PH & QQ Administrator Review: 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, 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 deletionstr�crickenr 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 on the five-year financial plan and-adeptAt by ^r,';nan^Ge 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) ata' df Moujids lew Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612-237-2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Susan Hutchins 763-783-7111 Jason R Reiling 763-350-3013 Resolution No. 2009-05d Mounds View Charter Commission Dated Dec 9, 2009 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 for the Mounds View Charter specify that the Five Year Financial Plan be adopted by resolution as is indicated in Section 3.05 of the Charter "The general administrative business of the Council shall be conducted by Resolution." Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue and double underlined language and by the deletion of the Qom The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. 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 da s osted and published notice in the Cit 's official newspaper, and, if available. the City web site and shall then adopt o44 the five-year financial plan and d^nt �t bl 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 2thr� 4 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 Alounds View Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-04 Mounds View Charter Commission Draft Dated June 18, 2009 Re: meeting dates for Jul 2009 through Dec 2009. WHEREAS, at its May 14th, 2009 meeting the Charter Commission moved, seconded and passed the motion to cancel the July 2009 meeting, and WHEREAS, at its June 18th, 2009 meeting the Charter Commission moved, seconded and passed the motion to meet at 7:00 PM on the 2nd Wednesday, if available, from Aug 2009 through December 2009, excluding November 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. The dates are: 8/12/2009, 9/9/2009, 10/14/2009, and 12/9/2009. Adopted, Jun 18, 2009 Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary ty Of Mounds VIOV Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612-237-2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 5 Bill Doty l 763-786-3421 Jason R Reiling 763-350-3013 Resolution No. 2009-05a Mounds View Charter Commission Dated Oct 14, 2009 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 for the Mounds View Charter specify that the Five Year Financial Plan be adopted by resolution as is indicated in Section 3.05 of the Charter "The general administrative business of the Council shall be conducted by Resolution." Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the die and double underlined lan ua a and by the deletion of the ",ted and RMFIG- en language. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. 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 bald a rovide notification and hold public hearings in the same manner that would be required to adopt by ordinance and shall then ado ert the five-year financial plan and adopt -by GFdaflaeee resolution, with or without amendment, by June 1 st of each year. The financial plan shall consist of at least the following three elements as specified in subdivisions 2 through 4 which follow: The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. Respectfully submitted, a- I- ®R WE ST FIE Jonathan J Thomas, Chair Barbara Thomas, Secretary Nyle Mmund From: Jim Ericson Sent: Wednesday, March 11, 2009 10:38 AM To: 'JThomas' Subject: RE: Charter Commission Agenda etc Hi Jonathan, I reviewed the minutes from the last meeting and noticed that Brian had asked about the "conflict" between the Charter and the EDC and the PCSC. While he may have stated EDC, I'm certain he meant to say EDA. Regardless, we've addressed the Charter Commission's concerns about these two bodies before, and we've had the City Attorney respond a couple times on this matter. The attorney's response was and is as follows: "According to the Minnesota Attorney General's office, if there is a conflict between any provision of a city charter and any provision of the police civil service statutes, "...the provision of state law controls." Op. Atty.Gen., 785-E-1, Feb. 28, 1950 & Op. Atty.Gen. 120, Oct. 5, 1978. Therefore, any conflict between states statutes and a city charter would be resolved in favor of the statutes." While this response was specific to the PCSC, the final statement is applicable to the EDA as well. Hope this is helpful. Jim -----Original Message ----- From: JThomas [mailto:jthomas@usinternet.com] Sent: Wednesday, March 11, 2009 9:36 AM To: Jim Ericson; Jonathan J Thomas; Desaree Crane; Michael Haubrich; Barbara Thomas; Bill Doty; Jason Reiling; Brian Amundsen Cc: Vanessa Van Alstine; Mary Springer Subject: Charter Commission Agenda etc Jim, Desaree, Vanessa, Mary & Mounds View Charter Commission Members The attached files are the agenda, minutes & related documents for the Mar 12, 2009 MV Charter Commission meeting. Jonathan J Thomas 763-784-5205 jthomas@usinternet.com A word aptly spoken is like apples of gold in settings of silver. Proverbs 25:11 (NIV) Road Improvements: When Are Special Assessments Legitimate? Gary A. Van Cleve February 20, 2009 What legal mechanisms enable cash-strapped local governments in Minnesota to pay for road improvements in the face of a mountainous state government deficit? Cities and counties in Minnesota derive their taxing power from the Legislature, and a common vehicle for funding local road improvements is the levy of special assessments under Minnesota Statute Chapter 429. Indeed, in these times it appears that special assessment funding is becoming more common, with many Minnesota cities considering implementation of greater percentages of funding for local road improvements through the special assessment process.1 But what authority do local governments in Minnesota have to adopt impact fees as an alternative to special assessments for funding road improvements? This article submits that there is no such authority—and discusses a recent state district court decision—SJC Properties, LLC, et al. v. City of Rochester2—that struck down one Minnesota city's attempt to collect $1.7 million in impact fees by levying them as special assessments. Special Assessments Defined Minnesota cities and counties possess carefully circumscribed authority from the Legislature to levy special assessments to pay for the costs of certain local improvements.3 The statute states that a city or county may assess the "costs of any improvement or any part thereof ...upon property benefited by the improvement, based upon the benefits received." The special assessment statute expressly identifies the types of local improvements that may be funded by special assessments—ranging from roads to skyways—and mandates procedures that must be followed and criteria that must be met for a special assessment to be adopted and levied against a property owner. Before adopting a special assessment, the local government must prepare and make available to the public a report addressing the necessity, feasibility, and cost-effectiveness of the proposed improvement. Gary A. Van Cleve, Contributing Author. Mr. Van Cleve is chair of the Real Estate Litigation practice group at Larkin Hoffman, where he has practiced for over 20 years. He is certified as a civil trial and real property specialist by the MSBA. Printable Version :I There are three fundamental limiting conditions to a city levying a special assessment to pay for a local public improvement: (1) the land must receive a special benefit from the improvement being constructed, (2) the assessment must be uniform upon the same class of property, and (3) the assessment may not exceed the special benefit.4 A "special benefit" means an increase in the market value of the property resulting from the improvement. A key, yet little known, corollary to these limitations is that an assessment that provides a future benefit to the property may be too speculative and remote to be legal.5 The Minnesota Supreme Court has recognized for nearly 100 years that if a special assessment exceeds the special benefit conferred on the property assessed, then an unconstitutional taking without just compensation has occurred.6 A property owner may appeal a special assessment to state district court and the consequence of a court's invalidation is that the assessment is set aside. Impact Fees Defined While special assessments attempt to allocate the costs of specific, defined public improvements based upon the benefits received by individual properties, impact fees, by contrast, seek to allocate to undeveloped property owners the future costs of additional public infrastructure that will be required to accommodate new development. A phrase common throughout impact fee research is "you pay, you play." Simply put, development can occur once impact fees are paid. Common examples of development impact fees include traffic mitigation fees, infrastructure improvement fees, and fees for improving water and sewer systems.7 A Minnesota Department of Transportation (MnDOT) technical report similarly defined impact fees as one-time charges on new real estate development as compensation for the higher incremental cost of off-site capital improvements. Like on-site dedications, impact fees shift the infrastructure cost of new development back on land owners, builders, and/or the final property owner. Impact fees apply to both residential and non-residential development, and may cover a wide range of service improvements, such as roads, parks, and public safety.8 More specifically, the Minnesota Supreme Court, in Country Joe, Inc. v. City of Eagan, 560 N.W.2d 681, 685 (Minn. 1997), stated that an impact fee is a form of development exaction possessing the following characteristics: In the form of a predetermined money payment. Assessed as a condition to the issuance of a building permit, an occupancy permit or plat approval. Pursuant to local government powers to regulate new growth and development and provide for adequate public facilities and services. Levied to fund large-scale, off-site public facilities and services necessary to serve new development. In an amount which is proportionate to the need for the public facilities generated by new development.9 Country Joe further noted the difference between an impact fee and a special assessment: 'The primary difference is that special assessments represent a measure of the benefit of public improvements on new or existing development, whereas impact fees typically measure the cost of the demand or need for public facilities as a result of new development only.'10 Just as special assessments are constitutionally constrained to be no greater than the special benefit conferred on the properties that are assessed, so, too, are impact fees, as a form of exaction, constitutionally limited. The U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 319 (1994), established that an unconstitutional taking occurs unless it can be shown that (a) there is an essential nexus between the exaction required and the state interest being advanced (Nollan), and (b) there is a rough proportionality between the exaction and the impact of the proposed development project (Dolan).11 As of June 2005, 25 states had adopted impact fee enabling legislation allowing local governments to establish and collect such fees.12 Minnesota is not one of these states. In the absence of enabling legislation, what authority then, if any, does a Minnesota city have to adopt impact fees? The Minnesota Supreme Court avoided answering this question in Country Joe, but the Court's reasoning suggests that there is no such authority under current Minnesota law. Impact Fee and Municipal Authority Insights from Country Joe In Country Joe, building contractors challenged the legality of a road unit connection charge adopted by the City of Eagan. The charge grew out of a study by the city's consulting engineers projecting that the city would suffer a shortfall of over one million dollars to finance major street construction. The city council adopted the road unit connection charge payable as a condition to issuance of all building permits in the city. The city made a threefold argument in defending against the contractors' challenge to the road unit connection charge: (a) the charge was a lawful exercise of its implied powers under Minnesota law, (b) the charge was a lawful impact fee, and (c) the charge was a lawful exercise of the city's police powers. The Supreme Court first rejected the city's argument that the road unit connection charge was a lawful exercise of the city's implied municipal planning authority under the Municipal Planning Act, Minn. Stat. Ch. 462.13 The Court stated that because Eagan was a statutory city, it had no inherent powers beyond those expressly conferred. Furthermore, "[t]hat the Municipal Planning Act expressly confers broad municipal planning powers on cities does not necessarily imply that the legislature similarly intended to confer broad financing powers under the act." The Court pointed out that the Legislature had expressly provided for sewer and water charges (after which the city had modeled its road unit connection charges), but had not expressly provided for road charges.14 Significantly, for purposes of discussion further below, the Court also observed [t]hat this lack of express statutory authorization was not the result of legislative oversight is evidenced by statutory provisions expressly establishing special assessments as the mechanism by which cities are empowered to finance road improvements. See Minn. Stat. 55 429.021, subd. 1(1), 412.221, subd. 6.15 For these reasons, the Court concluded that "the authority to impose a road unit connection charge cannot be implied from the city's municipal planning authority." Second, the Court avoided the issue of whether impact fees are permissible under Minnesota law and whether the road unit connection charge was legally permissible as an impact fee, for the reason that the charge lacked an essential impact fee characteristic: that it be proportionate to the need for the public facilities generated by new development. The Court concluded that there was "insufficient evidence" to determine whether the proportionality element was present. Accordingly, we reserve the issue of whether impact fees are authorized under Minnesota law, but reject the city's contention that the road unit connection charge draws its authorization as such a fee. The Court thus avoided the question of the legality of impact fees in Minnesota by concluding, based on insufficiency of evidence, that the charge did not qualify as an impact fee. Third, the Court rejected the city's argument that the charge was not an illegal tax, as the court of appeals had held, but rather a legal exercise of the city's police powers, which include charging fees to cover the costs of regulation. The Court concluded that because the charge went beyond the legitimate police power function of charging fees to recover costs of regulation—clearly the charge was intended to fund the shortfall in road maintenance funding—it was a revenue -raising measure: a tax. Since it was a tax, it "must draw its authorization, if at all, from the city's powers of taxation." The Court found no express authorization in the municipal taxing authority granted by the Legislature under Minn. Stat. 5 412.251 for a road unit connection charge. Moreover, the Court concluded that the tax enabling legislation's catch-all provision, allowing cities to impose "other special taxes authorized by law," failed to provide authority since the Court had concluded for the above-described reasons that the charge was not "`so authorized by law."'16 While Country Joe did not decide the issue of the legality of impact fees in Minnesota, it did clarify and confirm that the nature of municipal corporations as limited statutory creations restricts cities to the powers expressly granted by the Legislature under state statute. In particular, cities cannot create financing mechanisms in reliance on inherent or implied powers and in the absence of express statutory authority that sanctions the revenue -raising scheme. SJC Properties v. City of Rochester presents a corollary to these principles, demonstrating that a city cannot legally adopt an impact fee for road improvements and purport to impose the fee through the special assessment procedures of Minn. Stat. Ch. 429. SJC Properties v. City of Rochester—Transportation Improvement District Fees Levied as Special Assessments SJC Properties is a judicial appeal of over $1.7 million in special assessments levied by the City of Rochester (Rochester) against 200 acres of contiguous parcels of undeveloped property owned or controlled by developer Frank Kottschade (collectively, SJC property). A regional transportation planning process and Rochester's creation of a funding mechanism to finance city portions of the transportation improvements provide the backdrop for the special assessments levied against the SJC property. Regional Transportation Planning and the Creation of Transportation Improvement Districts in the City Ten years before Rochester levied the special assessments, a joint council of the city, Olmsted County, and state government issued a study report outlining recommendations for regional transportation improvements along the Trunk Highway (TH) 63 corridor on the south side of Rochester. The study recommended a freeway design for the TH 63 corridor, with uninterrupted mainline traffic flow, controlled access throughout the corridor and local access to TH 63 provided by grade -separated interchanges. The SJC property lies at the southwest corner of TH 63 and 40th Street SW, an intersection that the study recommended for improvement to a grade -separated interchange. The study further recommended that 40th Street SW, a two-lane, low -traffic road, be eventually expanded to four lanes to the west of TH 63—the portion of 40th Street that bounds the SJC property on the north. In 2003, Rochester established a transportation funding task force to provide recommendations for funding future transportation improvements in the city. The task force recommended a variety of funding mechanisms, including seeking approval of a one-half percent sales tax increase from the Legislature, levying special assessments, and establishing transportation improvement districts (TIDs) in the city. Based on these recommendations, the city council adopted by resolution a TID program. Before the city adopted the TID program, the city attorney had advised the city council that TID fees could not be imposed on developers without their consent and must be voluntary, because the TID fees could be deemed to be impact fees for which there was no express authority in Minnesota law. Rochester's TID program authorized the city to create TIDs for "any geographic area of the city experiencing or anticipating new growth and substandards streets." In addition, the resolution granted authority to establish interchange TIDs, under which the city purportedly could seek to collect costs related to the construction of interchanges. Undeveloped land within an established TID would be charged a fee—to be imposed at the time the property owner sought development approval—that would be based upon a formula attempting to attribute and quantify the impact of development of the land upon area transportation infrastructure. The formula for TID fees that was devised by the city engineer and adopted by the city council first determined an estimate of the total cost for projected transportation improvements needed in a TID as a result of development of undeveloped land in that district. Then the fees to be charged to the undeveloped property owner would be calculated based upon a formula that took into account the acres of developable land on the site, the zoning of the land, and the projected traffic that would be generated by the site when fully developed. The SJC property became part of what Rochester established as the Willow Creek Transportation Improvement District (Willow Creek TID). When the city established the Willow Creek TID, it identified all developable property within the district, determined the nature and extent of development that this land could support, projected the amount of traffic the fully developed land would generate, and, in turn, projected the total cost of the transportation improvements that would be needed within the Willow Creek TID to support the increased traffic from development. This exercise produced a figure of some $15 million that the city projected for the cost of future transportation improvements it believed would be needed for the Willow Creek TID. Transportation improvements in the immediate vicinity of the SJC property included the expansion of 40th Street SW from a two-lane to a four -lane road, which became the city -funded portion of the improvements, and the construction of a grade -separated interchange at 40th Street SW and TH 63, which was a state and federally funded project. During the entire period of Rochester's regional transportation planning process dating back to 1995, Kottschade had been attempting to develop the SJC property and, to that end, had made numerous development proposals to the city. At the time the city adopted its TID program and the Willow Creek TID, Kottschade had before the city a proposed commercial development for some 70 acres of the SJC property adjacent to TH 63. The city approved a general development plan and gave preliminary plat approval to this proposal, subject to Kottschade entering into a development agreement with the city. The development agreement included a requirement that Kottschade pay over $1.7 million in TID fees that had been calculated by the city based upon the developable acreage within the SJC property, the zoning, the projected traffic that full development would generate, and the total cost of all transportation improvements that the city determined would be required within the Willow Creek TID. When Kottschade objected to the TID fees, the city invoked Minn. Stat. Ch. 429 to levy the precise amount of the TID fees as special assessments against the SJC property. Kottschade exercised his statutory right to appeal the assessments to Olmsted County District Court, where the appeal was tried before the court in January 2008 and decided in July 2008. The SJC Decision Because Rochester had levied the TID fees as special assessments, the fees were subjected to judicial scrutiny under the legal standards applicable to special assessments. Primarily, this meant determining whether the amount of the special assessments exceeded any special benefits conferred on the SJC property.17 A "special benefit" means an increase in market value of the property resulting from the improvement. Another legal consideration in special assessment appeals is whether the assessments are "uniform upon the same class of property." That is, whether all properties that have specially benefited have been treated the same. Key issues at the special assessment appeal trial were what portions of the 40th Street SW transportation improvements, if any, provided special benefit to the SJC property; what was the highest and best use of the SJC property before and after the 40th Street SW improvements; and whether the assessments were uniform. Appraisers, traffic engineers, and civil engineers gave testimony related to these issues. The city argued at trial that both the improvements that widened 40th Street SW from a two-lane to a four -lane road and that created the grade -separated interchange at 40th Street SW and TH 63 should be considered in determining the special benefit conferred upon the SJC property. The district court found that the only improvements appropriately considered in determining the amount of special benefit conferred on the SJC property were those improvements that were funded by the city, which excluded the grade -separated interchange—a state and federally funded project. Moreover, the district court found that the expansion of 40th Street SW to four lanes provided only limited benefit to the SJC property because topographic challenges precluded any access point from the SJC property to 40th Street SW except at the northeast corner, near TH 63. The court further found that the traffic levels on 40th Street SW to the west of this access point (which led traffic away from, not toward, the city proper) did not justify a four -lane road to the west—either currently or even in the year 2025, which was the traffic - projection year relied on by the city. The district court also found that the highest and best use of the SJC property before the 40th Street SW improvements was mixed commercial and residential development, rejecting the city's contention that before the 40th Street SW improvements, street infrastructure and access were insufficient to support any development except low-density residential. The district court found the following facts that undercut this city argument and supported the court's findings: Rochester had rezoned significant portions of the SJC property fronting TH 63 from low-density residential to commercial -industrial use; Rochester had approved a general development plan proposed by Kottschade for a 70 -acre commercial development prior to the special assessments and the 40th Street SW improvements; Rochester had approved a preliminary plat for the proposed commercial development; and Kottschade had established at trial that he had two legal access points for the SJC property, the minimum access necessary for commercial development. The district court further found that the special assessments were not uniform in that the city only levied the assessments against undeveloped land within the Willow Creek TID. The evidence through traffic engineer testimony showed, however, that a residential area north of 40th Street SW accounted for the vast majority of the traffic on 40th Street and, accordingly, had benefited from the 40th Street improvements. The court found that the Rochester policy of assessing only undeveloped properties and not developed properties within the Willow Creek TID was "unfounded" and "unsupported." "No meaningful fact or reason was given as to why developed properties would not be benefited by a new road, bridge, and amenities such as sidewalks and a bike path."18 Ultimately, the district court recognized that the assessments failed all legal tests because the city never devised the fees as assessments, but rather as impact fees based on the city's TID formula. The TID formula is not one that looks at special benefit based upon a market approach but is rather a formula that starts with the projected cost of a project and divides that cost amongst the properties deemed to be benefited based upon projected traffic usage as determined by the size and zoning of the property and the projected trips associated with that size of zoned property.19 Accordingly, the district court concluded that the TID fees established by the city for the SJC property were in the exact same amount as the special assessment ultimately levied against Plaintiffs' property, $1,716,586.34. TID fees cannot be imposed involuntarily as they are not authorized under Minnesota law. The TID fee has the characteristics of a road impact fee, which is not legally sanctioned.20 For these reasons, the district court set aside the special assessments in excess of $1.7 million. Conclusion The SJC decision demonstrates that attempting to clothe an impact fee as a special assessment cannot bestow a legal imprimatur on the fee because of the divergent nature and purposes of impact fees and special assessments. Rochester's TID fees are the culmination of a process in which the city has attempted to implement a formula to meet the projected costs of future transportation improvements in a designated area of the city (a TID) by having developers pay for the impact of their developments on transportation infrastructure based on the TID fee formula. The TID calculation is devoid of any consideration of the extent to which the developer's property has received any special benefit, that is any increase in value, as a result of the transportation improvements. This disconnect between the inherent nature of special assessments and impact fees proved fatal for Rochester when forced to defend its impact fees under the measure of Legality provided by special assessment law. Simply put, Minnesota cities should not be attempting to adopt and impose impact fees for road improvements unless the Minnesota Legislature—as 25 other state legislatures across the country have done—adopts enabling legislation with uniform and fair standards for implementing such fees. See, e.g., "Assessments: Not a special feeling," 1/27/08 Minneapolis Star Tribune. z SJC Properties, LLC, et at. v. City of Rochester, Olmsted County Dist. Ct. File Nos. 55-C6-05-1988/1991/1992/1994/1995/1996 /1997, July 3, 2008, appealed Sept. 2, 2008, and pending as App. Ct. File No. A08-1536 ("SJC Properties"). 3 MINN. STAT. Ch. 429. 4 Carlson -Lang Realty Co. v. City of Windom, 240 N.W.2d 517, 519 (Minn. 1976). 5 1n re Village of Burnsville Assessments, 287 N.W.2d 375, 377 (Minn. 1979) ("we cannot agree that it would be justified to assess a property owner for benefits he may not receive for 15 to 20 years, if at all"). 6 State ex. rel. Oliver Iron Min. Co., 151 N.W. 545, 547 (Minn. 1915); see also Carlson -Lang Realty, 240 N.W.2d at 519 ("An assessment that exceeds the benefit constitutes the taking of property without fair benefit in violation of the Fourteenth Amendment."). 7 N. Deal, "Traffic Impact Mitigation Fees: Should California's Department of Transportation (Caltrans) have legal authority to impose?" Mineta Transportation Institute, San Jose State University College of Business at 7 (June 2005) ("Caltrans Report"). 8 B. Ryan, "Local Road Tax Options: Is Minnesota Really That Different?" MnDOT (May 2006), at 11. 9 See also Caltrans Report at 11-12 (citing 13 technical criteria established by HUD for effective impact fee legislation). 10 Id. (quoting B. Blaesser Et C. Kentopp, Impact Fees: The "Second Generation," in 1991 Zoning and Planning Handbook at 267 (emphasis added by court)). 11 Cf. Country Joe, 560 N.W.2d at 685 ("By definition, an impact fee must be `in an amount which is proportionate to the need for the public facilities generated by new development."' (citation omitted)). 12 Caltrans Report at 2. 13 Country Joe, 560 N.W.2d at 683-84. 14 See MINN. STAT. 5 444.075, subd. 3 (authorizing sewer and water charges). 15 Country Joe at 684. 16 Country Joe at 687; see MINN. STAT. 5 412.251(11) (catch-all provision). 17 MINN. STAT. 5 429.051; Buettner v. City of St. Cloud, 277 N.W.2d 199, 203 (Minn. 1979). 18 SJC Properties , supra note 2, Conclusion of Law No. 6. 19 SJC Properties , supra note 2, Mem. at 29. 20 SJC Properties , supra note 2, Conclusion of Law No. 9. Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed City Clerk Absentee voting, duties, see ABSENTEE VOTING laws and regulations. Subdivision 16. The Clerk -Administrator shall prepare news Appeal and equalization boards, meetings, 274.01, 274.03 these releases and develop and discuss public relations material two references actually deal with the establishment of the Tax Appeal with all concerned as required. The Clerk -Administrator shall City Clerk board and the required public notice of the appeal board meeting date. maintain good public relations with the general public. Subdivision 1. The duties of the Clerk -Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk -Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the Appointment, optional plan A, 412.541, 412.581 this deals with results of all municipal elections. The Clerk -Administrator the establishment and appointment of a clerk in a statutory city, which shall also have the duties set forth in the following City Clerk Mounds View did with the Charter, subdivisions: Assessment rolls, 430.06, 430.102, 435.17 Statute 430 deals with Land for Streets and Ponds and 435 dears with public improvements, Subdivision 9. The Clerk -Administrator shall prepare the The duties of the Clerk are outlined for certifying the assessment roles annual financial statement and such other statements that City Clerk forthe projects are required by statute. City Clerk Audits and examinations Contested claims, copies, 6.59 Statute 6 is the State Auditor Subdivision 9. The Clerk -Administrator shall prepare the section and this refers to the city's rights to contest an audit and use the annual financial statement and such other statements that City Clerk Clerk is responsible to file and be served with papers from the State, are required by statute. Subdivision 9. The Clerk -Administrator shall prepare the Duties regarding, 6.55 The Clerk and Council have signed a annual financial statement and such other statements that City Clerk request to State Auditor to examine books are required by statute. Subdivision 9. The Clerk -Administrator shall prepare the Notice received, costs, 6.57 The Clerk is notified by State Auditor annual financial statement and such other statements that City Clerk of unpaid claims. are required by statute. City Clerk Bonds (public debt) Page 1 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter City councils, membership, 412.191 Addresses the Members, Powers and Duties of Council and City Clerk, including clerk City Clerk recording responsibility of ordinances and meeting notices. Page 2 Subdivision 5. The Clerk -Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk -Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk -Administrator to pay such fees to the municipal treasury. Interest rates, improvement bonds, 430.12 This deals with limitiing Subdivision 15. The Clerk -Administrator shall work in the interest rate the city can use for improvements to 7% the Clerk cooperation with the Council's appointed attorney and City Clerk certifying the rate to the county auditor. engineer. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be City Clerk Signatures, 458.35, 458.38 required. Subdivision 15. The Clerk -Administrator shall work in Building line easements, 463.06 addresses the filing of easements cooperation with the Council's appointed attorney and City Clerk with the City Clerk engineer. City Clerk Campaign financial reports Supplemental judgments, 211A.09, 21113.17 addresses forfeiture Subdivision 13. The Clerk -Administrator shall supervise the of nomination or office. The "official" filing officers is notified by the conduct of local elections in accordance with the prescribed City Clerk court of the finding. laws and regulations. Candidates, municipal elections, 205.065, 205.13 This deals with Subdivision 13. The Clerk -Administrator shall supervise the Clerk responsiblility to notification county of primary election and conduct of local elections in accordance with the prescribed City Clerk candidate filing. laws and regulations. Subdivision 18. The Clerk -Administrator shall be fully Charter conunissions, reports received, 410.05, 410.07 The Clerk informed regarding federal, state and county programs which City Clerk is to receive the Chater Commission reports. affect the municipality. City councils, membership, 412.191 Addresses the Members, Powers and Duties of Council and City Clerk, including clerk City Clerk recording responsibility of ordinances and meeting notices. Page 2 Subdivision 5. The Clerk -Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk -Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk -Administrator to pay such fees to the municipal treasury. Position Title Duties by Statute City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Clerk -Administrator Ref City financial statements, 471.698 addresses cities under 2,500 population and filing financial reports City manager plan, 412.681 addresses the statutory City who has chosen a City Manager form and doesn't apply to Charter City. City officials, election or appointment, 412.151 addresses a large group of duties, elections, certificates, council proceedings, ordinances, account book, bookkeeper, custodian of seal, sign official papers, receive fees, delegate duties. Claims against city, delegation to city clerk, 412.271 disbursement of city funds and the process. Combining with office of city treasurer Generally, 412.02 outlines the Clerk who is elected and the Treasurer being combined, the compensation, and the terms of election to position. Optional plan A, 412.591 Clerk not elected and the option to combine or uncombine with Treasurer positions and audit standards. Compensation and salaries, elections, recounts, 204C.35, 204C.36 addresses recounts and the Clerks responsibility for elections. County hospital purchase and construction, elections, 376.04 the Clerk is notified frau county of hospital building plans, Page 3 Duties by Charter 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. na Charter subdivisions 1 through 13. 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. na na Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed County seats, changing, referendum, 372.06 How the Clerk is to officials and with other public or private agencies as may be City Clerk post notice of election required. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed Debt schedule, dissolving statutory cities, 412.091 Clerk to file officials and with other public or private agencies as may be City Clerk Dissolution election results required. City Clerk Definitions Subdivision 13. The Clerk -Administrator shall supervise the Campaign financial reporting, 211A.01 filing officer to keep conduct of local elections in accordance with the prescribed City Clerk candidacy laws and regulations. Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed City Clerk Elections, 200,02 laws and regulations. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed Housing and redevelopment authorities, 469.002 Definition of officials and with other public or private agencies as may be City Clerk "Clerk" for Econommic Development required. City Clerk Statutory cities, 412.881 na Deputy clerks, statutory cities, 412.151 Duties of Clerk and City Clerk delegation authority. Subdivision 1 through 13 Deputy registrars of motor vehicles, see City Clerk DEPUTY REGISTRARS OF MOTOR VEHICLES Subdivision 13. The Clerk -Administrator shall supervise the Designees, electronic voting system counting centers, 206.85 conduct of local elections in accordance with the prescribed City Clerk Officials in charrge of Counting for elections laws and regulations. Subdivision 17. The Clerk -Administrator shall consult, Dog licenses, 347.11, 347.12, 347.14, 347.19 Clerk's responsibility to unless otherwise directed by the Council, with appointed issue Dog tags, but County Attorney's responsibility to institute officials and with other public or private agencies as may be City Clerk proceedings for failure to license a dog required. City Clerk Duluth, 458A.22, 458A.24, 458D.03 deals with Duluth specifically na Page 4 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter Election certificates to candidates with incomplete financial City Clerk reports, 211A.05 candidates responsibility to file statements na City Clerk Election contests City Clerk Ballot guards, 209.05 City Clerk Notice, 209.021 City Clerk Election judges, 204B.19, 204B.195, 204B.23 City Clerk Election materials, 204B.27, 204C.28 City Clerk Election of, 412.02 City Clerk Election officials, training, 20411.25, 204B.28 City Clerk Elections, deceptive practices, reports received, 204C.035 City Clerk Elections messengers, 204C.29 Electronic voting systems, duties, see City Clerk ELECTRONIC VOTING SYSTEMS City Clerk Fees, generally, 412.151 City Clerk Filing with City Clerk Absentee ballot applications, local elections, 203B.05 Agricultural processing facilities, property tax exemption, applications, 469.1811 Clerk's duties for accepting and notifying public of an Agriculture processing facility planned for the city and City Clerk city ability to exempt for taxes for same. City Clerk Audits and examinations, reports, 6,51 City Clerk Building line easements, 463,06 City Clerk Campaign financial reports, 211A.02 Page 5 Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 13. Elections Subdivision 1 through 13 Subdivision 13. Elections , Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Position Title City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Clerk -Administrator Ref Duties by Statute Duties by Charter City Clerk Subdivision 18. The Clerk -Administrator shall be fully Corrections Department advice, lockup plans, 642.01 Cleak to be informed regarding federal, state and county programs which made aware of a lockup facility to be built. affect the municipality. Subdivision 18. The Clerk -Administrator shall be fully County agricultural inspectors, 18.81 Charges from county informed regarding federal, state and county programs which inspector for taking care of weeks to be sent to Clerk of City, affect the municipality. County seats, changing, notice of referendum, 372.05 Subdivision 13. Elections City Clerk Subdivision 18. The Clerk -Administrator shall be fully Damage claims, dogs, damage to domestic animals, 347.15 Claims informed regarding federal, state and county programs which filed with City Clerk for damages from a citizens dowmestic animal. affect the municipality. Subdivision 18. The Clerk -Administrator shall be fully Diversion of streams, appraisers' reports, 465.37 Powers of informed regarding federal, state and county programs which Municipalities affect the municipality. Duluth, 458A.22, 458A.24, 458D.05 Duluth Specific Economic development authorities, removal of commissioners, records, 469.095 Clerk to be notified of non-performance of commissioner and the removal of same from Economic Board Elections, recounts, 204C.35, 204C.36 Page 6 na Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 13. Elections Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 13. Elections. Subdivision 13. Elections. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Employment property, tax classification application, 469,170 City Clerk Applications for classification of employment property with Clerk Home rule charters, 410.11 Election results of a home rule charter City Clerk to be recorded with city Clerk Hospital district board candidates, affidavits of candidacy, 447.32 City Clerk election results, notices, Housing and redevelopment authorities, 469,003, 469.010, 469,013 City Clerk to receive reports and make reports from the Housing City Clerk Authority. Page 6 na Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 13. Elections Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 13. Elections. Subdivision 13. Elections. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter Subdivision 16. The Clerk -Administrator shall prepare news Housing improvement areas, 428A.12, 428A.18 City Clerk to releases and develop and discuss public relations material receive petitions from Special Housing improvement areas before with all concerned as required. The Clerk -Administrator shall City Clerk ordinance becomes effective. maintain good public relations with the general public. City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Subdivision 16. The Clerk -Administrator shall prepare news releases and develop and discuss public relations material Improvements, streets, parks, and parkways, 430.02, 430.04 Clerk with all concerned as required. The Clerk -Administrator shall responsible to make notices and report. maintain good public relations with the general public. Infrastructure replacement reserve funds, petitions, 471.572 Model codes adopted by reference, 471.62 Clerk will record, publish and provide copies of statutes, included by reference, to the pubic. Municipal elections, 205.07, 205.13 Municipal state -aid streets, 162.09 City clerks to receive communication of Rules and Advisory Committee for MSA Streets Oaths Firefighters civil service commissioners, 420.03 Clerk to receive oath from Generally, 358.11 Minneapolis Employees Retirement Fund board members, 422A.04 Page 7 Subdivision 16. The Clerk -Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk -Administrator shall maintain good public relations with the general public. Subdivision 16. The Clerk -Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk -Administrator shall maintain good public relations with the general public. Subdivision 13. Elections. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Position Title Duties by Statute City Clerk Personnel board, 44.04 City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Clerk -Administrator Ref Police civil service commissioners, 419,03 Ongoing absentee voting status, applications, 203B4O4 Pedestrian mall matters, 430.101, 430.102 to be filed with Clerk Petitions for referendum Duties by Charter Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 14. The Clerk -Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 13. Elections. Subdivision 7. The Clerk -Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Certificates of indebtedness, statutory cities, 412.301 Clerk to receive petition holding and election to approve certificate issuance. Subdivision 13. Elections. Compensation and salaries, mayor and city council, 412.021 ordinance to filed with the Clerk Contracts for deed, statutory cities, 412.221 Home rule charters, amendments, 410.12 Clerk shall receive ordinances and proposed amendments. Municipally owned utilities, leasing, 452.08 Clerk will receive petitions. Subdivision 6. The Clerk -Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 6. The Clerk -Administrator shall supervise the administration as provided by this Charter and Council action. 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 13. Elections. Subdivision 7. The Clerk -Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with Plans and specifications, public improvements, 429.041 to be filed recommendations, as may be required, to the Council for City Clerk with City Clerk study and subsequent action. Page 8 Position Title Duties by Statute City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Clerk -Administrator Ref Property taxes, revenues, distribution receipts, 276.11 The clerk shall keep receipts in the clerks office. Rabies proclamations, 35.68 Clerk to receive from Health Board and publish in newspaper. Receipts, fines and forfeitures, statutory cities, 412.871 Redistricting plans, 2.91 to be received by Clerk from County Auditor Sanitary districts, l 15.20, 115.23 Clerk to receive notice, Semitaconite taxes, estimates, 298.39 Special assessment documents, 429.061 duties of Clerk for special assessment determination, process of notification, response to owner objections and other duties. Special service district matters, 428A.02, 428A.08, 428A.09 before effective complaints received by Clerk and filings with court State statutes and rules adopted by reference, 471.62 Clerk will provide public with full language if incorporated by reference. Page 9 Duties by Charter 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 6. The Clerk -Administrator shall supervise the administration as provided by this Charter and Council action. 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 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivisions 7,15,16 Subdivisions 7,15,16 Subdivision 16 and 18 Clerk -Administrator Ref Position Title Duties by Statute Unearned wages, assignment for security, employer's acceptance, 181.07 ...filed and recorded with the clerk of the city or town where City Clerk the party making the assignment or order resides... City Clerk Financial reports Statements of operation, 412.381 Clerk will receive reports from City Clerk Utility Commission Tear gas or electronic incapacitation devices, vendors license City Clerk applications, 624.731 ...shall be filed with the clerk... City Clerk Telephone companies, permits issued before 1915 law, 237.18 City Clerk :.,filing with the clerk of the municipality which granted such City Clerk franchise City Clerk Timely delivery, 645,151 ...delivered on Saaturday, Sunday or City Clerk legal holiday is considered timely if delivered the next succeeding day City Clerk not of... Unearned wages, assignment for security, employer's acceptance, 181.07 ...filed and recorded with the clerk of the city or town where City Clerk the party making the assignment or order resides... City Clerk Financial reports Page 10 Duties by Charter Subdivision 18. Subdivision 18. Subdivision 18. Subdivision 18. 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 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. An annual financial report shall be made and a copy filed with the clerk at the close of the calendar year and shall be included as part of the annual financial report or statement of the clerk in conformity with section 471.697 or 471.698 Subdivision 18 na Subdivision 13 Park boards, statutory cities, 41Z501 An annual statement of its receipts and disbursements shall be filed with the clerk immediately after the close of the calendar year and shal l be included as part of the annual financial report or statement of the clerk in conformity with City Clerk section 471.697 or 471, 698. City Clerk Public utility commissions, statutory cities, 412.381 Fireworks display permits, 624.22.,,made in writing to the municipal City Clerk clerk at least 15 days in advance... City Clerk First class cities, 357.29, 357.39 to 357.41, 462.357 City Clerk General elections, duties, see GENERAL ELECTIONS Page 10 Duties by Charter Subdivision 18. Subdivision 18. Subdivision 18. Subdivision 18. 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 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. An annual financial report shall be made and a copy filed with the clerk at the close of the calendar year and shall be included as part of the annual financial report or statement of the clerk in conformity with section 471.697 or 471.698 Subdivision 18 na Subdivision 13 Position Title Duties by Statute Clerk -Administrator Ref Duties by Charter Help America Vote Act, complaints procedures, 200.04 IF a complaint is received The Secretary of State must provide the city City Clerk clerka copy of the complaint within three business days of receiving it Subdivision 13 and 18 City Clerk Home rule charters, 410.11 Subdivision 1 through 13 Hospital district resolutions, 447.31 Clerk or recording officer shall City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk send notice to county auditor of adopted resolutions , Subdivision 17 and 18 Subdivision 7. The Clerk -Administrator shall prepare reports and summaries relating to contemplated municipal projects Housing improvement areas, 428A.13 Addresses the clerks duty to and/or improvements, and submit them with notify council of objections from property owners to property recommendations, as may be required, to the Council for inclusion in a Housing Improvement Area, study and subsequent action. Improvements Awards and assessments, 430.03 Subdivision 7 Cancellation, refunds, 435.202 Subdivision 8 Special assessments, 429.061, 429.081 Subdivision 9 Instruments, executing, statutory cities, 412.201 Every contract, conveyance, license, or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal Subdivision 6. The Clerk -Administrator shall supervise the affixed, and only pursuant to authority from the council, administration as provided by this Charter and Council action. Liquor licensees, convictions, notice received, 340A.905 the court Subdivision 15. The Clerk -Administrator shall work in administrator shall, within ten days after the conviction, mail a written cooperation with the Council's appointed attorney and notice of the conviction to the clerk of the municipality engineer. Local firefighter relief associations, duties Bylaws, amendments, certified copies, 423A,171 to 423A,19 responsibility of municipal clerk to notify exec direrctor of legislative commission on pensions and retirement. State aid, 69.011 Clerk shall certify the existence of Relief Association and other duties. Local police relief associations, duties, 423A.171 to 423A.19 Memberships City councils, 412,191 Page 11 Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 17 Subdivision 17 Subdivision 1 through 13 City Clerk Minute books, maintaining, statutory cities, 412.151 City Clerk Municipal civil service rules, 44.11 City Clerk Municipal clerks, city clerks defined as, 69.011, 203B.01 City Clerk Municipal elections, duties, see MUNICIPAL ELECTIONS Page 12 Subdivision 1. The duties of the Clerk -Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk -Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk -Administrator shall also have the duties set forth in the following subdivisions: Section 6.01. &mfnistrabve 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 -Administrator. Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter State Voting Systems Contracts Advisory Committee, 206.805 shall appoint from..clerk... exeperienced with electronic voting City Clerk systems. Subdivision 17 Volunteer firefighter relief associations, boards of trustees, City Clerk 424A,04 Subdivision 17 City Clerk Messengers, elections, duties, 204C.29 Subdivision 13. Elections. City Clerk Minneapolis Police Relief Association City Clerk Postretirement payments, 423B.15 City Clerk Minute books, maintaining, statutory cities, 412.151 City Clerk Municipal civil service rules, 44.11 City Clerk Municipal clerks, city clerks defined as, 69.011, 203B.01 City Clerk Municipal elections, duties, see MUNICIPAL ELECTIONS Page 12 Subdivision 1. The duties of the Clerk -Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk -Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk -Administrator shall also have the duties set forth in the following subdivisions: Section 6.01. &mfnistrabve 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 -Administrator. Subdivision 13. The Clerk -Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Clerk -Administrator Ref Position Title Duties by Statute Municipal state -aid street fund, allocation statement, 162.14 Addresses State -Aid Road System and specifically notice to the Clerk City Clerk of the state portion to be awarded the city. News media, 206.85 addresses the official in charge of elections and responsibility for counting, reporting, staffing, and archiving of City Clerk election results. City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk City Clerk Notarization, notarial powers of city clerks, 358.15 addresses ex - officio notary public. The Clerks or recorders of Cities are ex -official Notary Publics. Notices of election, 204B.34, 204D.22, 205.065, 205.16 Oaths, power to administer, 358.10 Office hours, elections, 203B.085, 204C.28 Optical scan voting systems, testing, 206.83 Optional plan A, 412.541, 412.581, 412.591 Orders, disbursing city funds, statutory cities, 412.271 No disbursement of city funds, including funds of any municipal liquor dispensary operated by the city, shall be made except by an order drawn by the mayor and clerk upon the treasurer Ordinance books, maintaining, statutory cities, 412.151 Payments by city treasurers, statutory cities, 412.141 Pedestrian malls, 430.031, 430.101, 430.102 ,,,clerk shall receive the notice of appeal.... Petitions, 6.54, 410.12, 429.036 the duties of Clerk as receiver of petitions, record petitions, certify petitions, etc. Polling places, duties, see POLLING PLACES duties,... Precinct caucuses, notice received, call, 202A.14 Property tax hearings, notice received, 275.065 ...if the city clerk... certifies the cost of enforcement action to the county.... Public health nuisances, abatement, enforcement, costs, 145A.08 Public utility commissions, 412.341 The secretary need not be a member of the commission and may be the city clerk, Page 13 Duties by Charter Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 13. Elections. Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 13. Elections. Subdivision 13. Elections. Subdivision 13. Elections. Subdivision 13. Elections. na Subdivision 4 Subdivision 5 Subdivision 4 Subdivision 7 Subdivision 5 Subdivision 1 and 13 Subdivision 1 and 13 Subdivision 9 Subdivision 9 Subdivision 10 City Clerk Representation, Voting Machines Options Working Group, 206.91 Subdivision 17 Representatives, conduct at polling places, 204C.06 ... municipal City Clerk clerk may be present at the polling place... Subdivision 1 and 13 Restricted residence districts, duties, 462.14 Addresses clerk responsibility to record, publish, objections, certify and duties in City Clerk relation to the establishment of a Restricted residence district. Subdivision 18 Rivers and streams, diversions, 465.33, 465.37 A copy of all subsequent notices relating to the proceeding which are required to be published, shall be mailed by the city clerk immediately after the first publication thereof to such persons as shall have appeared in the proceedings and requested in writing that such notices be mailed to City Clerk them. Subdivision 16 City Clerk Rural and urban service districts, proceedings and records, 272.67 Subdivision 16 City Clerk Saint Cloud, 458A.06 na City Clerk Sample supplemental ballots, copies to, 204D.169 Subdivision 13. Elections. City Clerk Sanitary districts, location, notice received, 115.24 Subdivision 16 City Clerk Special assessments, 429.061, 430.02 City Clerk Special elections, duties, see SPECIAL ELECTIONS Subdivision 13. Elections. City Clerk Special or local laws, approval, 645.021 City Clerk Special service districts, establishment, 428A.02 Page 14 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter Rabies proclamations, 35.68 ...clerk shall receive... clerk shall City Clerk publish in newspaper... Subdivision 16 City Clerk Records and record keeping City Clerk Annexation, joint information meetings, 414.0333 City Clerk Referendum results, statutory cities, 412.081, 412.091, 412.551 City Clerk Reports given City Clerk Dog licenses, 347.12, 347.19 Subdivision 9 City Clerk Electronic voting systems, plans, 206.82 Subdivision 9 City Clerk Financial reports, 471.697, 471.76 Subdivision 9 City Clerk Tax collection statements, 471.69 Subdivision 9 City Clerk Voter registration, violations, 201.27 Subdivision 9 City Clerk Representation, Voting Machines Options Working Group, 206.91 Subdivision 17 Representatives, conduct at polling places, 204C.06 ... municipal City Clerk clerk may be present at the polling place... Subdivision 1 and 13 Restricted residence districts, duties, 462.14 Addresses clerk responsibility to record, publish, objections, certify and duties in City Clerk relation to the establishment of a Restricted residence district. Subdivision 18 Rivers and streams, diversions, 465.33, 465.37 A copy of all subsequent notices relating to the proceeding which are required to be published, shall be mailed by the city clerk immediately after the first publication thereof to such persons as shall have appeared in the proceedings and requested in writing that such notices be mailed to City Clerk them. Subdivision 16 City Clerk Rural and urban service districts, proceedings and records, 272.67 Subdivision 16 City Clerk Saint Cloud, 458A.06 na City Clerk Sample supplemental ballots, copies to, 204D.169 Subdivision 13. Elections. City Clerk Sanitary districts, location, notice received, 115.24 Subdivision 16 City Clerk Special assessments, 429.061, 430.02 City Clerk Special elections, duties, see SPECIAL ELECTIONS Subdivision 13. Elections. City Clerk Special or local laws, approval, 645.021 City Clerk Special service districts, establishment, 428A.02 Page 14 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter City Clerk State Voting Systems Contracts Advisory Committee, 206.805 Subdivision 13. Elections. Statutory cities, 412.151 Clerk Duties, shall give notice to public, City Clerk record the proceedings and minutes book, oridinace Subdivision 1 through 7 City Clerk Streets and roads Page 15 Subdivision 18. The Clerk -Administrator shall be fully Roads taken over as trunk highways, 161.19 Clerk may request informed regarding federal, state and county programs which City Clerk from state a plat of the roads taken by the state in the municipality. affect the municipality. Subdivision 3. The Clerk -Administrator shall keep an Vacating, resolutions, 440.135 Council my act to vacate and a ordinance book in which shall be recorded in their entirety all City Clerk copy of the resolution duly certified by the city clerk shall be recorded. ordinances passed by the Council. Subdivision 18. The Clerk -Administrator shall be fully Vacating streets and alleys, completion of proceedings, 412.851 informed regarding federal, state and county programs which City Clerk clerk shall prepare a notice of completion of the proceedings affect the municipality. Subdivision 18. The Clerk -Administrator shall be fully Subdivision of land, 272.162, 462.358 The clerk shall certification informed regarding federal, state and county programs which City Clerk to the county auditor the land transfer meets certain criteria.: affect the municipality. Subdivision 2. The City Council shall hire heads of departments, and such other and further officers and personnel as may be required to operate the City efficiently. The City Council shall determine the qualifications thereof Surety bonds, statutory cities, 412.111 The bonds furnished by the and prescribe the duties to be performed by each, except as City Clerk clerk and treasurer shall be corporate surety bonds otherwise prescribed in this Charter. Subdivision 18. The Clerk -Administrator shall be fully informed regarding federal, state and county programs which City Clerk Taconite municipal aid, distribution, 298.282 affect the municipality. Tax -forfeited lands, 282.01 County Autitor shall serve a notice of Subdivision 18. The Clerk -Administrator shall be fully reversion, with a copy of the declaration, by certified mail upon the informed regarding federal, state and county programs which City Clerk clerk affect the municipality. City Clerk Terms of office, 412.02, 412.571 Subdivision 13. Elections. City Clerk Unofficial ballots, duties regarding, 203B.06 Subdivision 13. Elections. City Clerk Vacancies in office, 412.02 Subdivision 13. Elections. Page 15 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter City Clerk Violations and penalties City Clerk Elections, 201.27,204C.41, 211A,05 Subdivision 13. Elections. City Clerk Voter registration violations, failure to report, 201.27 Subdivision 13. Elections. City Clerk Voting machines and systems, rules or laws, violations, 206.66 Subdivision 13. Elections. City Clerk Volunteer firefighter relief associations Subdivision 17. The Clerk -Administrator shall consult, unless otherwise directed by the Council, with appointed Boards of trustees, 424A.04 managing board must have two officials and with other public or private agencies as may be City Clerk members from the officials of the cities serverd. required. City Clerk Voter registration, duties, see VOTER REGISTRATION Subdivision 13. Elections. City Clerk Voting, duties regarding, see VOTING Subdivision 13. Elections. Voting machines and systems, see City Clerk VOTING MACHINES AND SYSTEMS Subdivision 13. Elections. City Clerk Voting precincts City Clerk Boundary corrections, 204B.14, 2048.146 Subdivision 13. Elections. City Clerk Maps, 201.061, 2048.14 Subdivision 13. Elections. City Clerk Redistricting, 204B.14, 204B.146 Subdivision 13. Elections. City Clerk Voting returns, summary statements, 204C.26, 204C.27, 204C.28 Subdivision 13. Elections. City Clerk Voting systems, see VOTING MACHINES AND SYSTEMS Subdivision 13. Elections. Statutory cities are found in Minnesota Statutes 412 sections 412.601 to 412.751 only apply to a Statutory City under References Optional Plan B. Home Rule Charter City is found in Minnesota Statutes 410 Page 16 Clerk -Administrator Ref Position Title Duties by Statute Duties by Charter 410.015 DEFINITIONS RELATING TO CITIES. In any law adopted after July 1, 1976, the word "city" when used, without further description extending the application of the term to home rule charter cities, means "statutory cities" only. 410.18 DISTRIBUTION OF ADMINISTRATIVE POWERS. Such charter commission may also provide that the administrative powers, authority, and duties in any such city shall be distributed into and among departments and may provide that the council may determine the powers and duties to be performed by and assign them to the appropriate department and determine who shall be the head of each department and prescribe the powers and duties of all officers and employees thereof, and may assign particular officers or employees to perform duties in two or more departments, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. 410.33 SAVINGS CLAUSE. If a city charter is silent on a matter that is addressed for statutory cities by chapter 412 or other general law and general law does not prohibit a city charter from addressing the matter or expressly provide that a city charter prevails over general law on the matter, then the city may apply the general law on the matter. Charter 6.03 Mounds View contains the Duties of Clerk - Administrator Statue 274 deals with Assessments and Boards of Appeal Page 17 Cfianer Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair Michael Haubrich 612.237.2859 2nd Vice Chair Jean Miller 763-786-3959 Secretary Barbara Thomas 763-780-6226 Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Jason R Reiling 763.350.3013 Resolution No. 2009-02d Mounds View Charter Commission Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Mounds View Charter, Therefore, the Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the blue n nderlined lanaum and by the deletion of the Rod and str;, �,er fie. The Mounds View Charter Commission requests the City Council adopt this resolution by ordinance by the required unanimous vote. CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and I electric), °' dinimstrative a wse r.. ..� and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and rat snecifirall�clutle[i in Sec�ian 7.03 Subd. 3b. b) For the purposes of this Section, the tern "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 tunes 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 agreernen�s. The tern "fee" also does not include rental housing fees, liquor license fees, cable toles.ion ser franchise fees, annual license fees for the operation of a regulated business, and any miwellanesi%-fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to it • eitiz ..... 9....f1.,... ."le beh--s (if the Public- whi .1.' by law, . s, he 1:...:4-1. ...... Wtllat fOr tliOse annllC'il3le_ pursuaut tfj MN Statute, the antolinj glint-ged fot- certain fees slIall reflect the actual cost . The tern "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, excluding the annual re certi fication_of the utility FrancI Franchise fee. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 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 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions c*r�rt as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or 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 utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for gas and electric), !t=: is :1 ;;;fes>>:: : c and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not sRecifically excluded in Section 7.03 Subd. 3b. 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 servmGe franchise fees, annual license fees for the operation of a regulated business, and any mime"" ene••" fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to-- -cixizens--or ewe +bers-e "ub1iGa- I4ic*-,-by4aw; must be lumote d to that for those applicable, ursuant to MN Statute the amount charged for certain fees shall reflect the actual cost c"he serviGe beinc r.... ded The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 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, excludinq the annual recertification of the utilit franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: MaV 7, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk -Administrator (SEAL) -------- Original Message-------- Subject:RE: Revised Charter - correction to Section 7.03 Subd. 3b Date:Wed, 11 Mar 2009 11:32:40 -0500 From:Jim Ericson <JimE@ci.mounds-view.mn.us> To:'JThomas' <jthomas@usinternet.com> References: Jonathan, Following up on the status of draft Res 2009-02. I have two issues to review with you. 1. The Attorney recommends deleting the text from 7.03 Sub 3b which states: "... which, by law, must be limited to the actual cost of the service being provided." Since this clause adds nothing to the Charter which is not already provided for in Statutes, elimination of said clause would resolve the issue of it not adequately addressing administrative offenses. I would agree and recommend the Charter Commission strike that clause. If the Charter Commission feels the statement serves a legitimate purpose regardless, if only to serve as a reminder that some fees need to reflect the actual cost of providing the service, then a separate sentence could be added, something to the effect of, "For those applicable, pursuant to MN Statutes, the amount charged for certain fees shall reflect the actual cost to provide such service." That gets around trying to distinguish between one fee or another, although 1 feel it's an unnecessary statement either way. 2. Will Res 2009-02 address the annual re -certification of the utility franchise fee? The Charter presently states in Subd 3c: 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. (Emphasis added on the capped language.) A strict interpretation of this would require us to hold a referendum annually to simply continue the utility franchise fee, and from earlier discussions with the Charter Commission, it was my understanding that this was not the intent. Perhaps a qualifier could be added to the end of 3c which states, "and an extension of an expiring tax or fee, excluding the annual recertification of the utility franchise fee." Will this be included as unfinished business discussion? Thanks, Jim ------ Original Message-------- Subject:RE: Charter Commission Agenda etc Date:Wed, 11 Mar 2009 10:37:52 -0500 From Jim Ericson <JimE@ci.mounds-view.mn.us> To:'JThomas' <jthomas@usinternet.com> References:<1330358.1135197605478.lavaMail.root@sniperl7> <1236782194214-026- 15858784.jthomas. usinternet.com@smtp-out-01.usinternet.com> Hi Jonathan, I reviewed the minutes from the last meeting and noticed that Brian had asked about the "conflict" between the Charter and the EDC and the PCSC. While he may have stated EDC, I'm certain he meant to say EDA. Regardless, we've addressed the Charter Commission's concerns about these two bodies before, and we've had the City Attorney respond a couple times on this matter. The attorney's response was and is as follows: "According to the Minnesota Attorney General's office, if there is a conflict between any provision of a city charter and any provision of the police civil service statutes, "...the provision of state law controls." Op. Atty.Gen., 785-E-1, Feb. 28, 1950 & Op. Atty.Gen. 120, Oct. 5, 1978. Therefore, any conflict between states statutes and a city charter would be resolved in favor of the statutes." While this response was specific: to the PCSC, the final statement is applicable to the EDA as well. Hope this is helpful. Jim Item No: 7A M�. � s VIEW ]rIE te. T Meeting Date: Mar 8, 2010 �J��jjJ VType 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: Second Reading and Adoption of Ordinance 841, an Ordinance Amending the Mounds View City Charter by Changing the Title of Clerk -Administrator to City Administrator Introduction: In 2009, the Charter Commission was asked to consider amending the Charter to update the title of the Clerk -Administrator position to a more commonly used title, such as City Administrator. Discussion: The Charter Commission discussed the potential title change at many meetings, reviewing MN Statutes, LMC documentation and reports, the Mounds View City Code and other references in their analysis. After much deliberation, the Commission adopted Resolution 2009-03e which replaced all occurrences of "Clerk -Administrator" with "City Administrator." In addition, Sections 6.03 and 6.04 were amended to clarify duties and responsibilities of the administrator and treasurer. The City Attorney has reviewed the Charter Commission's resolution and the attached ordinance and has no issues with either. Previously: The City Council considered the first reading and introduction of this ordinance at their meeting o February 22, 2010. The Council was reminded that amendments to the City Charter require unanimous approval of the City Council while an amendment to the City Code typically only requires a simple majority. Recommendation: Staff recommends approval of the second reading and adoption of Ordinance 841, an ordinance changing the title of Clerk -Administrator to City Administrator throughout the Charter and amending specific Sections 6.03 and 6.04 relating to the duties of the administrator and treasurer. The effective date is 90 days after ordinance publication. Subsequent to adoption, staff will prepare a companion ordinance that updates the City Code to replace occurrences of Clerk -Administrator with City Administrator. Respectfully submitted, James Ericson Clerk - Administrator ORDINANCE 841 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY CHANGING ALL OCCURRENCES OF "CLERK -ADMINISTRATOR" TO "CITY ADMINISTRATOR" AND REVISING SECTIONS 6.03 AND 6.04 REGARDING DUTIES OF THE ADMINISTRATOR AND TREASURER 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 in Resolution 2009-03e, does hereby determine that all occurrences of the title "Clerk -Administrator" throughout the City Charter be replaced with "City Administrator". SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.03 of the City Charter, with additions underlined and deletions StFiakeR as follows: Section 6.03. Duties of the GLr'.,-Adrn0;;et;a-ter City Administrator. The duties of the Cit Administrator shall be specified in Chapter 106 of City Code as amended and shall include those in MN State Statute for City Clerk unless otherwise assi ned in City Code. The Council shall Provide for the d esig nation, dele ation and/or ass ig nment of some or al! the duties to other city staff as needed. dl , ��irinn 'I n hr�--E(•L•Ft+�S--O��I�-�,le r�-A{-�ministry+UF-9f��3 ttt�ie duties nom+ -the Clerk in a sta i}9- ri+�� Tiro f 1_11��rlmieiir+rn+nreh elf r.' ,.,l ive--the eg44ir�ef'�-Fi{3tFGE�-9� eL�F71-�4, #a.�nr nrzninl nlon+' ings thefea netify nffi rc of +heir e��{n-�-�rcvrrC-�F�-lf?E9F�--'�1-7Q--f3f$EE�,rzg�--crr�rc�f� rarrr9--vrrr�fc��a--vr�-rrc.-rr ele4eR&-or &y�{�pB/f�F�t Rts to affirm . �y-tG � {� iter peiR 1�' ?tsC and t 7]e �1-CiT14-nur+iGipal &Ie Gf Fons rk-f''�C 7mrTin4strat \r Lhalla16have a ! d'utiie J�1� in the.,9llE]w+ng st3]C�ivr&igfaS �ticinn 7 �� '+j Inistra+r.r shall keep a m mite i�nn4r nn+inn +Fero a! vrsvrr�T1'1C'�i1 .�lY!`1EtFF4 ivcruc i P FOGeedings of +ham r'n S,ubd-Fyvision 3. TheGie4"dm4ist Br shall keep an o nGebeak-iR--whjGh-6 haii b p}cz�ailRan6�erl hay the Co , , �SubG ivis+an 4Th Gler*-Adn-+nistr-ator-s4al�keep a -acGGu+-i- b-aekGl4-� e-RteFed a! e.4��rn f 1 rto7--cYl} res pts;-a--A4h(ey o-n*ern-wt�lae ne-R s�, ived-awl-,all-order-d*awn-upGn4he Xrcn..Z x�wit44heir--pa. Ordinance 841 Page 2 &ubdjvi iqr- -5 • • a �Ge6; 4eGG Alin �vr, apArola+ms oepsider by -the G eunc+l need baek-�they -pear- el:h"erma-pepq--r ds f -the G4erk-Aclmini&4aEW •ardafv-be-aGc-Lwr#ely-AeTnmf ed fi in the +h1 ,I'tye� }T�e�4erl� Adm «+ ll"as a �e �Jerlc arnci bfl�l eperof the-munisipality, shall be �F1��'ri�✓��ir��-l�v-��nLri urr'��c�O�-��i�ri. �„l�c offin,i` ers -shall p st and PUbliSh 91-9-ootiGes, Ord inannne. .mss-4-na--be-•"%�-��t't ,, r n4-t7Y•�al ap ropr44ate- i - - ,,,� ,ttl�ri, r+nninc �nrl fin,-fil apd-enter-1 g wh�{4�t* papers not rola��44R4 }iroaI &�r .r7�J}�thre—gym" Administrator -shah 3eeive t#e fees a#lawe;4"tate-4a vet GAown-sleflfs b r��i'r e Gleam -R ;ni�r�+ I Y stash fans to thories G r rrrr T of f" i },ali^ 1ie•-ge*-Ad F&tr-afar-rTiay-appoint a deputy-4b$se a�,,C�F{person shall be4e—s�ible-and -VH•!-tnc rmn r� a oaf ��(� rra in na c e r �e fkAd inIstFat�s absei�s�#rom the-fy��}�'}n4Gi�i'[ rtr rlic�nhility }fes--�e�n-Gil s-y�ay—.anpoLint n 11eputL� C,ies*-Adt: }iRi&tr-ate , N--Liiere-Js-non , caocrnv+acZ�iur�Cj ing Ljrh AsGe or disabty,—The-DepN`uty] ,srtharge any in of the Cie k -Ad nisti•.-tGr, vudlvoisI^vrni The Cie�i nistrat8r-sj4ai-5L•3pervise-the-ad- Wv.A tjG %i� chic_ pl e and One.Inri# ;mien, - Subdivision-7—T-he--Elerk AdministraWr--"l-prepare-report&and--&u+nma-ries-rela-ting tfl--�E3f�tEF�]�3l�te��}}EH�i43irpul 'projeG s and/or iimpFe ements, and submit -mcm--w414 rec�9r�3�e�d&tIOFI-�� -be--reg�ffedi$-t�i•e-Saaea+l-f$r�•tuda¢-and--sl�bsegc�er�-aE�#ems• ��,d+vi�fti�—T-�e-Glerl�-Ac#r�inistretor�ball--pr�are-an�r�r� €gal-#isoal--b L�dget--and ea pita timpGveme"an--•#$r &L is-sieii--te-- he C G U",Gil. 'Ter Clerk Adr r 4n4StFato 3- shall maintain financial guide44es oF4he• mt. rnidpality-witl-iin-the-scope-of-t-he-approved-budget ami--Gapkal-ap�q�. iWjon-T'hr Q 1+ Zistra+rtr cha —r -r rG'�v7et►r-A�-�l},r.�rrcrrv-r�rrcrll"p{'e-'r�statement and-suo -9thef ccs viuicmert tiatrare rctry d -b n te—, ubdly sie" 0. The -Clerk -A istrator shall attend a4•G$ansil-rneet4ngs-and-pm�Ode +�� lie-GeL�F3�l The -'� A4iii4nistra#tvr4i-iay-with-drssretion, or byiRWatio^, attend ether--.Gmmittee-and-Gomfnissi$n- meetk W. Subdivision—V eiplvyee 7 pfog-rarns and G iv tin;metheiwise-d•irested "-ie-GGWrjl- division1-2. Thd rl r^r: str r -ill s+ pexiod r ► s#�-the-Se slt erg-tkie••#if �ar> G�caadr�ti$- r-a•-e€-tl=�e-��lpa l-acea�ats in-cao,o jrda-n e &4he n�Q regulations. CE-�divfs#��he Glyn �riminictra+nrcS�nll advise the Go kA—a#eGtiP@ -�crra Tcrn�. r,s-r zm-rm-sr�trazvr-an�rc7rrr•re the employme 9r rem4avakef-de 4nent-hea4s-a d-appeipted offiGiats: 9wbdiVi 1 t;, 4ie r'Iark Admi rpt$r-sh'cii k4n-Goopefa#9n-vvA4 re Gou r ;il's a ppau�ed•atterri �e�+�er� Ordinance 841 Page 3 �u f�+isica��: T ie-Cork-Arc^c ;;sha'LpiepaE%-news releases-wW--develop and relatier aaateriai w+t#� �,tl reser+�e�i as reri—l=k�e�lefl�-Adir+strester shall-rAaintairi--go d_ pul 4+e lati�r wi�ge rII i� �,i n17--F�ie�ale}k^rl��iminic � l-it'�i�- unleassot0sGte4-by t4e_QGi innil with appointed offGia}s-arid-with--ether-public-or--private-agenoie-s-4s-rr�ay--be req, Subdivis;en 18": Tlae-filer-1�-,4dn�#ai trot r-s#�a11-lie felly-in#er ec riga itlfederak, srtatE-and-Ggt4 }hy�grams Whirh _affon+ the moi, ip _ijbd+visiGn i9—i-I'rc- le Flo-Adrprii�r5trezo+nrnv�fo� ^�lr•n' V}xie +he t'nii'noil on +he farsand lend i+renc @I.. - I amr�lh�I bo ,,entr-aGtT"f�resent34i[jib.}i-[v-the Qe4rr ,. _. Vv1� &ii-.rliy1 nn 20 Thc�3if i�c�ri}f.7 ❑rl ms�l }^ �. �.�I p nrf e�,j ,. t.�.� y� I�r'vri�. T��7'rGTRTSR�T7Trri�'CC7�rTl"R71-'�rG�a're'Y�'r�afflT{7L��nr','V- pUbliG of the City, �u�r#iv+sier�-�'i- T#�e-GleFk-Ad�i�+istfa�te-r-shal�{�erfor Gs{Rsil. SECTION 3. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.04 of the City Charter, with additions underlined and deletions as follows: Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the r'orl, o.+r,,inic+r.,+.,r City Administrator and shall include those duties for Treasurer in MN State Statute unless otherwise assigned in City Code. The dL-11ie-&-Qf4ie Tr as l.e`S urer in a -EAUtapy-Gil _ SECTION 4. This ordinance shall take effect ninety days after the date of its publication. First Reading and Introduction: Feb 22, 2010 Second Reading and Adoption: March 8, 2010 Publication Date: March 18, 2010 Effective Date: June 16, 2010 Adopted this 8t" day of March, 2010. Joe Flaherty, Mayor ATTEST: James Ericson, Clerk -Administrator (seal) MOUNDS ViEvv MEMORANDUM to: Charter Commission Members from: Jim Ericson, Clerk -Administrator re: Potential Amendments to Chapter 8 date: March 22, 2010 I am writing to provide a summary of issues regarding a potential revision to Chapter 8 of the Mounds View City Charter entitled PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. A "Local Improvement" is defined as a public improvement financed partly or wholly from special assessments. A public improvement however is not defined in the Charter or in City Code. This chapter of the Charter articulates the manner in which an improvement utilizing special assessments is initiated—either through a resident petition or through independent action of the City Council. The Charter indicates that a project proposed by residents must also be approved by the City Council, which would mean that absent such Council support, the resident petition could not move forward. The Charter is silent on petitions for improvements that do NOT include special assessments. When a supported project utilizes special assessments, the Council orders the preparation of a feasibility report to ensure the project is necessary, cost effective and feasible. Upon receipt of such a report that confirms the project is needed, cost effective and feasible, the City Council schedules a public hearing by resolution. After the public improvement hearing is held, sixty days is allotted during which time no further work on the project proceeds, to provide opportunity for petitions against the project to circulate and be filed. If no petitions are filed against the project within the 60 days, the project may move forward. After two successive street projects failed due to the petition process, the City established a Taskforce to respond to the issues addressed by petitioners. The Taskforce focused their efforts on two specific areas --street design and financing. The Taskforce met in 2007 and after many well - attended meetings, a standard street design plan was adopted and a financing plan was approved which eliminated the 25% special assessment and replaced it with tax increment finance (TIF) dollars. Other funding sources were identified, including a ten-year across-the-board tax levy to support the Street and utility Improvement Program instead of a series of project specific street improvement bonds. After the work of the Taskforce was concluded, the City Council established a Streets Committee to help guide the development of the projects, to consider non-standard design issues, to hold neighborhood meetings and to address and respond to resident questions and concerns prior to City Council actions. Page 1 It has been suggested that the City dropped the special assessments from the street projects to avoid and prevent any subsequent petitions. This is not true. While my role with the streets Taskforce was peripheral at best, I do know that the special assessments component of the financing plan was dropped after it became clear that the City could alternatively utilize the pooled, unobligated TIF reserves. While there may have been residents who did not favor paying an annual street levy because of the availability of other funds, I am not aware of anyone objecting to the elimination of special assessments. It would seem likely that the framers of the Charter provided residents with the right to petition against projects that included special assessments due to the direct financial impact to the resident. In Subdivision 2 of Section 8.04, the Charter further provides that when benefitting residents pay less than 100% of the cost of a local improvement, the whole community can petition against the project, the assumption being that the balance of the cost would be passed on to the rest of the taxpayers as would typically be the case. Thus, even if the directly benefitting residents support the improvement, the rest of the community may object to paying their share. Such a petition, however, would need to include nearly 3,000 signatures. If the improvement is not funded with any special assessments, it is not subject to petition. It may be the case that the Charter Commission feels that since assessments were dropped from the streets financing plan, Chapter 8 should be amended to "return the power of petition" to the residents. It has been suggested that perhaps the framers of the Charter never anticipated that a street project would move forward without special assessments. While that may be true, I would suspect that it would more likely be the case that the framers simply intended that the right to petition against a project be restricted to those utilizing special assessments. Amending the Charter to allow for petitions against projects NOT utilizing special assessments is a solution to a problem which does not seem to exist. That said, I am not suggesting that the provisions of Chapter 8 could not be improved upon. One of the deficiencies of the present language, in my opinion, is that a petition against a Local Improvement is an all or nothing proposition. Consider the following example. The City proposes improvements to Silverview Pond to address localized seasonal flooding and to replace the bituminous walkway. Fifty property owners would be assessed for the project. A petition against the project is circulated because the residents would prefer an eight -foot wide trail rather than a ten - foot wide trail. The petition is deemed sufficient thus preventing the project from moving forward or being reconsidered by the Council for one year. Rather than stopping the project altogether, could there be a mechanism that would allow for an amended project to move forward? Even though residents are unable to formally petition against one of the street projects in the City's ten-year street and utility improvement program, the City Council has gone to great lengths to "hear" from residents who may be unsatisfied with one or more of the components of a project. Whether it be street widths, mailbox groupings, locations of stormwater infiltration features, traffic calming features, sidewalks, etc., every aspect of aproject is discussed and considered, in contrast perhaps with previously proposed projects. When sufficient residents object to a project component, the plans are generally revised to satisfy the majority preferences of the residents. Page 2 If it is the will of the Charter Commission to revise the Charter to allow petitions to be filed against non -assessed improvements, there would be a number of issues that would need to be addressed, such as: • The ability to conduct emergency repairs (e.g., cannot petition against a project to repair or replace failing infrastructure) ■ The threshold of signatures needed (e.g., 25% of votes cast in last presidential election ■ The threshold of project cost (e.g., cannot petition something that will cost less than $250,000) • The ability to revise a project rather than kill it altogether • Limit petitions only to general fund projects? The Charter Commission has also been considering a change to the Charter which would provide residents with the right to initiate projects absent special assessments. This is not a right presently granted by the Charter. There are a number of concerns associated with this consideration that I will attempt to address later in this memo, but first I want to review Section 8.04 which outlines the process for assessed projects initiated by the residents. The Charter does not specify how much time the Council has to react to a petition initiating a project, and there is no requirement that the Council even support such a project. If the Council does support the initiated project, it shall seek an estimate (feasibility report.) The Charter indicates that once the Council receives the estimate for the improvement, it shall, by resolution, set a date for a public hearing on the proposed improvement. The problem is, what if the estimate indicates the project is not feasible, necessary or cost-effective? The Charter also requires that the resolution calling for the public hearing be noticed in the Mounds View Matters, which could delay the hearing by as much as three months. The Commission has prepared a draft flowchart (see attached) to graphically represent how Chapter 8 could function to allow for residents to petition for projects, with language similar to that of Chapter 5 of the Charter. The "initiative" process in Chapter 5 however relates to code amendments, such as, an ordinance amending how many dogs are permitted per household. Initiatives that appropriate money, levy taxes or deal with administrative issues are not allowed. Since mostpublic improvements—with or without special assessments—involve the expenditure of public dollars, the initiative process cannot be used for purposes of proposing public improvements. Thus, resident petitions FOR improvements, with or without special assessments, should not be referred to as Initiatives. The concerns I have with a Charter amendment that would allow residents to petition for a public improvements can be boiled down to three specific issues—timing, cost and feasibility. As to the issue of timing, it would be difficult to explicitly assign a limit to the period of time necessary to conduct a feasibility analysis, unless it were overly broad, such as, six to twelve months. (Refer to Box 13 in the Commission's flowchart.) Assuming there was support for the project, the proposed flowchart indicates the project must move forward within one year. (Refer to Box 15.) Within one year of what? What if it takes many months to prepare the plans and specifications, order the project, advertise for bids and award the contract --what if the contractor cannot perform the work in what remains of the year deadline? Page 3 Relating to cost, what if funds are not available to support the project? What if taxes need to be raised to accommodate the work? The issue of cost should be of paramount concern. A large improvement may require many months of financial analysis once it is determined what the cost of actual improvements would be. Should the project be financed with general fund dollars? Enterprise funds? Tax increment? Park dedication dollars? Should bonds be issued? While all these same questions would need to be answered for any resident -initiated Local Improvement, at least with petitions involving special assessments, the City Council can simply resolve that the project is not feasible from the beginning, or if the project is desired, it would be not be hamstrung by arbitrary deadlines and timeframes. Another issue relating to cost is the feasibility report itself. There is a cost involved in determining whether a proposed project is feasible, cost-effective and necessary. Naturally, the amount varies based on the specific project, but a feasibility report for a large project could cost as much as $50,000. Who pays for that? Generally speaking, an unplanned expenditure of that magnitude would require a Council approved budget amendment and would necessitate that staff coordinate a process that it might not have time to coordinate. The City goes through a fairly comprehensive and detailed five-year financial plan every year, one of the components of which is the five-year capital improvement plan. The identified projects are analyzed and ranked by need and estimated by cost and determined how each would be paid. If residents feel a certain project or improvement is needed, it would seem more appropriate to attend the annual five-year financial plan public hearing (or any City Council meeting, for that matter) and make the suggestion. To allow resident petitions for improvements without special assessments—regardless of the signature or cost thresholds— would seem to undermine the extensive work put into the five-year financial plan. The final concern involves residents petitioning for projects that are simply not viable. There are seemingly countless examples of impractical, unfeasible improvements, and one would like to think that most residents would not circulate or sign a petition for a project that makes no sense. However, it would not be difficult to imagine someone circulating a petition for a well-intentioned improvement that other residents might support, only to find that the project cannot be accomplished due to financial constraints or factors completely outside the City's control or authority. If the Charter is amended to allow for resident petitions for improvements without special assessments, a clause should be included to permit the Council to resolve that the petitioned project is either frivolous or not feasible as submitted, or not feasible after a feasibility study has been conducted. As proposed in the draft flowchart (see Box 14), if the Council does not support a petitioned project, it would be forced to add the project as a ballot measure—even if the improvement is impractical, unneeded or fiscally imprudent. In conclusion, there are many projects the City undertakes that are not specially -assessed to benefitting property owners. With the exception of emergency repairs and minor maintenance, all of these projects are identified in the City's five-year financial plan. Amending the Charter to allow petitions against such non -assessed improvements and allow petitions for non -assessed improvements would seem to be an unwarranted revision and an unnecessary constraint on the ability of the City to function efficiently and effectively. Page 4