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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. nisrussinn 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 19:I*y:VK9l0kyiCo1l1zIslaviIWiTABiel N":INI:1NI:yK97:111ilIzI 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) QY 1f 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, �= =2_092 Jonathan J Thomas, Chair Barbara Thomas, Secretary