HomeMy WebLinkAboutOrd 839 Report - Dec14, 2009MOUNDS 1VIEw
City of Mounds View Staff Report
Item No: 07A
Meeting Date: December 14, 2009
Type of Business: PH & CB
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 Charterwas 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.
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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
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SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, has hereby determined
that Chapter 7, Section 7.05, Subdivision 1 of the City Charter be amended with additions
underlined and deletions StFiGke„ 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 , - Formatted: Font: (Default) Arial, 12 pt
available, the City web site and shall then adopt on the five-year financial plan and adopt =it Formatted: Font: (Default) Arial,12 pt
byGFd+naRGe, 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 Formatted: Font:12 pt
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)
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Mounds
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
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 �nd-
tFiGkeR laRguag&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 days posted and published notice in the City's
official newspaper, and, if available, the City web site and shall then adopt GR the
five-year financial plan and adept it by ardinanee, 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 throuch 4 which follow:
The Mounds View Charter Commission requests the City Council adopt this
resolution by ordinance by the required unanimous vote.
Respectfully submitted,
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Jonathan J Thomas, Chair
Barbara Thomas, Secretary