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HomeMy WebLinkAboutCharter Resolution 2005-02 Charter Commission Chair Jonathan J Thomas 763-784-5205 Vice Chair 2nd Vice Chair Jean Miller 763-786-3959 Secretary Brian Amundsen 763-786-5699 Bill Doty 763-786-3421 Matthew Eenigenburg 763-783-7216 William Mori 763-784-3645 Barbara Thomas 763-780-6226 William Werner Sr 763-784-3603 Resolution No. 2005-02 Mounds View Charter Commission Dated Feb 10,2005 Whereas, the Mounds View Charter Commission is 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. The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision 7, recommends the following amendments by the addition of the bold and double underlined language and by the deletion of the language. The Mounds View Charter Commission requests the City Council adopt by ordinance those items it is in unanimous agreement with. We also request a response within 60 days with recommendations for modifications to any item that the City Council deems not acceptable as presented. Objectives: 1) In 7.04 update language to reference Minnesota Statutes requirements and incorporate recommendations of League of Minnesota Cities (LMC) "Model Charter". Section should additionally address inputs from Charlie Hansen, Finance Director, City of Mounds View and provide calendar or time line for the City's tax and budget process which can be understood by the public. 2) In 7.05 update publication methods to include City's web site. 3) In 7.06. subd. 01 Change September requirement for public hearing to be a simple reference requiring compliance with the Minnesota Statutes pertaining to Truth in Taxation for timing but retain the requirement to hold a public meeting even if Minnesota Statutes would not require it. Also remove the word "monthly" as it is not consistent with other references to "regular council meetings." Address ambiguity of "object level" etc. per Charlie Hansen's Memo of November 13, 2002 4) In 7.06. subd. 02 Change to "two week" time line to be something more easily complied with and in compliance with Minnesota Statutes. Add usage of City's web site for publishing purposes. 5) In 7.06. subd. 03 incorporate recommendation from LMC to have a fall back budget in cases of delay in approval of budget by new fiscal year starting. 6) In 7.07 incorporate the management method and procedures of the Mounds View Purchasing Manual for accountability of managing department budget expenditures 7) In 7.08 clarify that Section 7.12 does not conflict with budget alterations and who may approve alterations at which budget levels. 8) In 7.10 incorporate the Minnesota Statutes reference as originally prescribed by charter and update for City web site notification. 9) In 7.12. incorporate LMC recommendation for emergency debt limits and Delete redundant Subdivision 2. The nine sections recommended for consideration with this resolution are attached by section and recommended for adoption individually or as a group at the discretion of the Mounds City Council. Intended final language attached for ease of readability. Respectfully submitted, _____________________ ______________________ Jonathan J Thomas, Chair Brian Amundsen, Secretary The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Resolution 2005-02 Page2 Section 7.04. Submission of Budget. Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as specified by MN Statute 275.065, as amended, the Clerk-Administrator shall submit to the Council the budget estimates for funds levying property taxes for the ensuing fiscal year and an accompanying summary message in accordance with a budget calendar to be established by resolution. The final budget shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year and except as required by state law or this Charter, shall be in such form as the Council may require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall contain such information and be in the form prescribed by the City Council. Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method. . Subdivision 3. The Clerk-Administrator's message shall explain the budget, both in fiscal terms and in terms of the work programs, linking programs to goals of the City and community priorities. It shall outline the proposed financial policies and programs of the City for the ensuing fiscal year and the impact of those policies and programs compared to the City's current five-year plan, as adopted by the City Council. It shall describe the important features of the budget, indicate any major changes in financial policies, expenditures, and revenues together with the reasons for such changes. It shall summarize the City's debt position for each fund, including factors affecting the ability to raise resources through debt issues, and include such other material as the Clerk-Administrator deems desirable or as requested by the City Council Resolution 2005-02 Page3 Subdivision 04. Budget Planning Guideline The purpose of this section is to provide the public with general time table for the annual budget process. The dates are guidelines and subject to change by the City Council and MN Statute 275.065, as amended. Activity Estimated Time Period Five-Year Plan: Development Jan. 1 to May 1 Five-Year Plan: Public Review May 1 to May 20 Five-Year Plan: Council Approval May 20 to June 1 Annual Budget Calendar: Adopted by Council June 1 Five-Year Plan: Published to Public June 1 to Aug. 1 Annual Budget: Public Input to Department June 1 to Sept 1 Annual Budget: Clerk-Administrator Develops Summary and Estimate Proposal for Council Aug. 1 to Sept. 15 Annual Budget: Estimates Submitted to Council Sept. 15 Annual Budget: Proposal and Tax Levy Estimates Council Adoption Sept. 15 Annual Budget: Council Review and Amend Sept. 15 to Nov 23 Annual Budget and Tax Levy: Proposal Published to Public Sept. 15 to Dec. 1 Annual Budget and Tax Levy: Public Review Sept..15 to Dec. 20 Annual Budget: Public Hearing Advertised Nov. Annual Budget and Tax Levy: Initial Public Hearing Nov. 29 to Dec. 20 Annual Budget and Tax Levy: Council Adoption Dec. 5 to Dec. 20 Annual Budget and Tax Levy: Final Council Budget Summary Published to Public Dec. 20 to Feb. 1 Resolution 2005-02 Page4 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 on the five-year financial plan and adopt it by ordinance, with or without amendment, by June 1st of each year. The financial plan shall consist of at least the following four elements as specified in subdivisions 2-5 which follow: Subdivision 2. The Public Service Element shall contain a continuing five-year plan for all public services, estimating future needs for the public health, safety and welfare of the City. It shall measure the objectives and needs for each City department, the standard of services desired, and the impact of each such service on the annual operating budget. Subdivision 3. The Capital Improvement Element shall contain a list of all capital improvements proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimate, method of financing and recommended time schedule for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. This information shall be revised and extended each year for capital improvements still pending or in process. Subdivision 4. A Five-Year Revenue Element shall contain a tentative revenue policy that describes five-year plans for financing public services and capital improvements. Subdivision 5. The Capital Budget Element shall be a summary on the basis of a five-year period of the capital or money requirements for the above-described programs. It shall list a priority for each anticipated investment in community facilities and balance this with a consideration of the availability of necessary revenues. Subdivision 6. A summary of the five year financial plan shall be published. before August 1st each year in the official City newspaper, the City newsletter, and, if available, the City web site . Resolution 2005-02 Page5 Section 7.06. Council Action on Budget. Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The calendar will establish the time line for development and submission of the budget and allow for public review and comment in accordance with this Charter, the City Council, and MN Statute 275.065, as amended. The budget shall be considered at the first regular monthly meeting of the Council in September and at subsequent meetings until a budget is adopted for the ensuing year. The budget calendar will provide a 30-day period for public review and input to the annual budget prior to final approval by the City Council. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The Council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the sum of estimated income and reserves. The Council shall adopt the budget by a resolution that shall set forth the total for each budgeted fund and each department. The budget shall indicate the sums to be raised and from what sources and the sums to be spent and for what pupose as the Council deems necessary for establishing the budget. The Council shall also adopt a resolution levying the amount of taxes provided in the budget, and the Clerk-Administrator shall certify the tax resolution to the County Auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. Subdivision 2. As specified by MN Statute 275.065, as amended, before the budget is adopted for the ensuing fiscal year a a public hearing notice and summary of the proposed budget will be published in the official City newspaper, the City Newsletter and, if available, the City web site. Such summary should be readily understandable by the layperson, and should provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. Failure to provide the specified summary will not invalidate the budget. The final budget will be published in accordance with Minnesota Statutes on Truth in Taxation or no later than 60 days after adoption by the Council in the official City newspaper, the City newsletter and, if available, the City web site. Subdivision 3. If the Council fails to adopt the budget by the beginning of the next fiscal year, the preceding months fiscal year budget shall go into effect for up to thirty-one (31) days or until the Council adopts a budget. Resolution 2005-02 Page6 Section 7.07. Enforcement of the Budget. The Clerk-Administrator may designate department heads or other staff who may assist with each fund or department in the annual budget. It shall be the duty of the Clerk-Administrator to strictly enforce the detail provisions of the budget. The City Council shall strictly enforce the provisions of the budget. The City Council shall not authorize any payment or the incurring of any obligation by the City, unless an appropriation has been made in the budget resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City shall place any order or make any purchase unless the amount is authorized in the budget resolution and in compliance with; the purchasing policies of the City as established by the City Council, the City Charter, the City Code, and Minnesota Statutes. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one owned by the City until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness. Section 7.08. Alterations in the Budget. After the budget resolution has been adopted, the Council may amend the budget by resolution, but shall not increase the amounts fixed in the resolution beyond the sum of estimated receipts and reserves, except to the extent that actual receipts exceed the estimate or to implement Section 7.12 herein. At anytime the Council may by resolution reduce the sums appropriated for any purpose to increase reserves or authorize the transfer of sums from unencumbered balances in the budget. Section 7.09. Funds. (no changes) Section 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation shall be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with state law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Chapter or by state law, no such obligations shall be issued and sold without the approval of the majority of the voters voting on the question at a general or special election. Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper, the City Newsletter, and , if available, the City web site, but failure to give such description, or any defect in the description, shall not invalidate the issue. Resolution 2005-02 Page7 Section 7.11. 1. Anticipation Certificates. At anytime after January 1, in accordance with MN Statute 412.261, as amended, with the following restrictions; the Council may issue certificates of indebtedness in anticipation of state and federal aids and the collection of taxes levied the previous year for any fund and not yet collected. The total amount of certificates issued against any fund for any year together with interest thereon until maturity shall not exceed 90% of the total state and federal aids and current taxes due to the fund and uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the Council may determine, but they shall become due not later than August 1st of the year following their issuance. The proceeds of the tax levied and such state or federal aids as the governing body may have allocated for the fund against which tax anticipation certificates are issued, and the full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates. Section 7.12. Emergency Debt Certificates. If in any year the receipt from taxes, availability of reserves, or other sources should for some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency necessitates the making of extraordinary expenditures, the Council may by ordinance issue, on such terms and in such manner as the Council determines, emergency debt certificates not to exceed 10% of the total City budget and to run not to exceed three years. Taxes sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The ordinance authorizing the issue of such emergency debt certificates shall state the nature of the emergency and be approved by at least three members of the Council. It may be passed as an emergency ordinance.