HomeMy WebLinkAbout19980723 Charter AgendaMEMORANDUM
TO: Charter Commission Members
FROM: Dave Osberg, City Administrator
DATE: July 16, 1998
SUBJECT: Charter Commission Meeting
Charter Commission Members are reminded of the next meeting scheduled for
Thursday July 23, 1998 at 7:00 PM in the Community Room at the Hastings City
Hall. Please contact me if you will be unable to attend. An agenda for the meeting is
as follows:
I. Call To Order and Determination of Quorum
II. Approval of April 23, 1998 Charter Commission Meeting Minutes
III. Unfinished Business
A. Resolution-Chapter V, Taxation and Finance
B. Review of Section 2.04 and 3.02 Regarding Primary Elections
and Council Composition and Election
IV. New Business
A. Review of Chapter III, Form of Government
V. Other Business
A. Next Meeting Date
VI. Adjournment
Because there is a great deal of information to review at the meeting, I will attempt to
highlight and explain further some of the items attached and in need of review by the
Charter Commission.
ITEM III-A. Resolution-Chanter V. Taxation and Finance: The attached
Resolution is ready for adoptoin by the Charter Commission,
as it has been reviewed by City Attorney Shawn Moynihan and
Finance Director Lori Webster. If approved by the Charter
Commission, it will be forwarded to theCity Council for their
approval, which must be done unanimously, twice, by the entire
City Council.
ITEM III-B. Review of Section 2.04 and3.02 Re ag rdin~ Primary
Elections and Council Composition and Election: I have
attached to this memorandum three different language changes in
the City Charter that attempt to incorporate the various options
the Charter Commission discussed at the last meeting regarding
the need for Primary Elections, and the method in which a person
files for a particular City Council seat. Please take an opportunty
to review this prior to the meeting on July 23, 1998, with the
understanding the City Staff will be in a position to explain this
further at the meeting. Both City Cleric Joyce Hottinger and
City Attorney Shawn Moynihan will be in attendance at the
meeting to participate in the disussion and to answer any
questions.
ITEM IV-A. Review of Chapter III, Form of Government. In the
continuing effort to review the entire City Charter, this is
the next section that the Charter Commission asked to review.
Staff will assist the Charter Commission in the review of this
Chapter, in an attempt to answer any questions, or address any
areas that should be considered for change.
ITEM V-A. Next Meetinu~ Date• The next regular meeting of the
Charter Commission is scheduled for Thursday October 22,
1998. Early Friday morning, October 23, 1998 I will be leaving
with my family for eight days, and thus would appreciate the
Charter Commission's endulgence, by changing the meeting date
to a mutually agreeable date. Perhaps Thursday November 5,
1998 could be considered?
There is a great deal of information in this packet for the Charter Commission to
review. Please do not hesitate to contact me if you have any questions, or would like
to review any of the contents prior to the next meeting scheduled for Thursday July
23, 1f3~8 at 7:00 j~h+
David M.
City Adm
cc. (I~gayor and City Council Lori Webster
Joyce Hottinger Shawn Moynihan
RESOLUTION
HASTINGS CHARTER COMMISSION
HASTINGS, MINNESOTA
July 23, 1998
Commissioner ,introduced the following Resolution
and moved its adoption:
WHEREAS, The Hastings Charter Commission has conducted an extensive
review of Chapter V Taxation and Finance of the City Charter; and
WHEREAS, The Hastings Charter Commission has determined that several
changes are needed in Chapter V Taxation and Finance to more accurately portray the
financial and budgetary process in the City of Hastings, so as to comply with all State
Laws; and
NOW, THEREFORE BE IT RESOLVED, BY THE HASTINGS CHARTER
COMMISSION THAT THE FOLLOWING CHANGES BE MADE TO THE
CITY CHARTER CHAPTER V TAXATIONAND FINANCE:
SECTION 5.01. TAXATION. The City Council shall have full authority over
the financial affairs of the City,
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.and shall provide for
the collection of all revenues and other assets, the auditing and settlement of accounts
and the safekeeping and disbursement of public moneys, and in the exercise of sound
discretion, shall make appropriations for the payment of all liabilities and expenses.
SECTION 5.02. FISCAL YEAR The fiscal year of the City shall be the
calendar year.
SECTION 5.03. .SYSTEM OF TAXATION.
All property taxes shall be assessed and collected in the manner provided by Law.
Subject to all Laws regarding taxation, the City Council shall have the full power to
provide by Ordinance for a system of local taxation for general or special purposes.
SECTION 5.04
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.BOARD
OF EQUALIZATION. The City Council shall constitute a Board of Equalization
and shall meet as such in accordance with the provisions of Minnesota Statutes
274.01 as amended. The City Council may transfer the duties of Board of Review or
Equalization under Minnesota Statutes Chapter 274 to the Dakota and Washington
County Boards of Equalization.
SECTION 5.05.
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PREPARATION OF THE ANNUAL BUDGET. Annually,
the City Administrator shall submit to the City Council a budget for the following
fiscal year. The City Administrator shall prepare the estimates for the annual budget
in accordance with enerall~accepted accounting~rocedures for municipal
governments. The budget shall provide a complete financial plan of all City funds
and activities for the ensuin fg fiscal year. Except as required by Law or the CitX
Charter, the budget shall be in such form as the City Administrator deems
appropriate, or as the City Council mawrequire. In organizing the budget, the City
Administrator shall utilize the most feasible combination of expenditure classification
by fund, organization unit, program, purpose or activity and object. It shall begin
with a clear summary of its contents, showing in detail the estimated income,
indicating the proposed property tax levy, and all proposed expenditures including
debt service for the ensuing fiscal year. The budget shall be so arranged to show
comparative figures for actual and estimate income and expenditures of the current
fiscal year and actual income and expenditures of the preceding fiscal year. It shall
indicate in separate sections:
(A) Proposed expenditures for current operations during the ensuing fiscal
year, detailed by offices, departments and agencies in terms of the
respective work programs, and the method of financing such
expenditures.
(B) Proposed capital expenditures during the ensuing fiscal year, detailed
by offices, departments and agencies when practicable, and the proposed
method of financing each such capital expenditures.
(C) Anticipated net surplus or deficit for the following fiscal year of
each utility or other income producing property owned or operated
by the City and the proposed method of its disposition; subsidiary
budget for each utility and property giving detailed income and
expenditure information shall be attached as appendices to the budget.
The total of proposed expenditures shall not exceed the total of
estimated income, which may include current fund balances.
SECTION 5.06. PASSAGE OF BUDGET. Not later than the first regular
scheduled City Council meeting in September, the City Council shall establish dates
for public hearings for the budget. The public hearings shall be conducted to give
interested citizens a reasonable opportunity to be heard. The City Administrator
shall explain the various items thereof as fully may be deemed necessary by the City
Council. The annual budget agreed upon shall set forth in detail the financial lp an of
the City for the ensuing fiscal year, and shall be approved by a majority vote of the
entire City Council, by Resolution. The sums appropriated shall not exceed the funds
lev n}_ng the taxes it considers necessary within statutory limits for the ensuring ear
for each fund. The tax Resolution shall be certified to the Counties of Dakota and
Washin on.
SECTION 5.07. CAPITAL PROGRAM.
The City Administrator shall prepare and submit to
the City Council a five ,, e~pital program at the same time the annual budget is
submitted to the City Council. The capital program shall include the following;
(A) A clear summary of its contents.
(B) A list of all capital improvements which are proposed to be undertaken
during the five fiscal years next ensuing, with the appropriate
supporting information as to the necessity for such improvements.
(C) Cost estimates. Methods of financing and recommended time schedule
for each such improvement; and
(D) The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired.
The capital program may be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition. The City
Council, by Resolution, shall adopt the Capital Program at the same time it approves
the budget for the next fiscal year.
SECTION 5.08 r'^r T'`Tr'Tr n r~rr~T.l n>\r ur mr~c-r-
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ENFORCEMENT OF THE BUDGET. It shall be the duty of the City Administrator
to enforce the provisions of the budget. The City Administrator shall approve orders
upon the City Treasury for expenditures in which an appropriation has been included
in the budget, and for which there is sufficient unexpended balance in the
appropriated fund, after deduction of the total past expenditures and the sum of all
outstanding orders against such fund. No officer or employee of the City shall place
any order or make any purchase except for a puroose and to the amount authorized
in the budget.
SECTION 5.09. r'n> r>\l~rr n r-rrnt`T nT.T ~ n nr-r n r nn nr-n n r,r
AMENDMENTS TO THE BUDGET. ' , ,
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. The City Council may adopt the budget
with amendments. In amending the budget, the City Council may add or increase
the budget with amendments. In amending the budget, the City Council may add or
increase programs, or amounts, and may delete or decrease any~rograms or amounts,
except expenditures required by Law or for debt service or for estimated cash deficits,
provided that no amendments to the budget shall increase the authorized
expenditures to an amount greater than the total of estimated income.
After adoption of the budget, the City Council, may at any time, by Resolution
approved b~majority of the entire City Council, amend the budget as follows:
ALL FROM OLD CHARTER SECTION S.I2.
(A) Supplemental Appropriations. If during the fiscal year, the Ie~
8€f~ial the City Administrator determines that there are available
for appropriation, revenues in excess of those estimated in the budget
the City Council by Resolution may make supplemental appropriations
for the year, up to the amount of such excess.
(B) Reduction of appropriations. If at any time during the fiscal year
it appears that the revenues available will be insufficient to meet the
amounts appropriated, the budget-9ffieial City Administrator shall
report to the City Council indicating the estimated amount of the
deficit, any remedial action taken, and recommendations as to any other
steps to be taken. The City Council shall then take such further action
as it deems necessary to prevent or minimized any deficit, and for that
purpose it may by Resolution reduce appropriations.
(C) Transfer of appropriations. At any time during the fiscal year, the
I:rxlge~al- City Administrator may transfer part or all of any
unencumbered appropriation amounts among programs within a
department, office, or agency. The City Council may, by Resolution,
transfer part or all of any unencumbered appropriations balance from
one department, office or agency to another.
(D) Limitation. No appropriation for debt service may be reduced or
transferred, and no appropriation maybe reduced below any amount
required by law to be appropriated or by more than the amount of
the unencumbered balance thereof.
SECTION 5.10. PUBLIC RECORDS. Copies of the budget and the capital
program adopted shall be public records and shall be made available to the public.at
SECTION 5.11. CERTIFICATION OF TAX LEVY. After adoption of the
budget, the City Council shall be Resolution determine the amount to be provided by
an ad valorem tax on all taxable property of the City. T^ ~aa:~~~~ ~~ ~'-° °-~~••~~
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. The Resolution shall be certified to
Dakota County and Washington County as required by the Laws of the State of
Minnesota.
SECTION 5.12. FUNDS. The City shall maintain such funds as are required
by State Stature, or by Resolution or Ordinance of the City Council.
SECTION 5.13. LAPSE OF APPROPRIATIONS. Every appropriation, except
an appropriation for a capital expenditure, shall lapse at the close of the fiscal year, to
the extent that it has not be expended or encumbered. An appropriation for capital
expenditure shall continue to be in force until the purpose for which it was made has
been accomplished or abandoned. The purpose of any such appropriation shall be
deemed abandoned if the funds or apportionment are not disbursed during the
planned capitalization period.
SECTION 5.14. DISBURSEMENT OF FUNDS. Disbursement shall be made
pursuant to procedures prescribed by City Ordinance. No payment shall be made or
obligation incurred against any allotment or appropriation except in accordance with
appropriations duly made and unless the Rxdg?t-9€feal City Administrator first
certifies that there is a sufficient amount of unencumbered balance in such allotment
or appropriation and that sufficient funds therefrom are, or will be available to cover
the claim or meet the obligation when it becomes due and payable. Any
authorization of payment or incurring of obligation in violation of the provisions of
this Charter shall be void and any payment so made illegal; such action shall be cause
for removal of any officer who knowingly authorized or made such payment, or
incurred such obligation and, and he or she will also be liable to the City for any
amount so paid. However, except where prohibited by Law, nothing in this Charter
shall be construed to prevent the malting or authorizing of payments or malting of
contracts for capital improvements to be financed wholly or partly for the issuance of
bonds or by grants or gifts or to prevent the malting of any contract or providing for
payments beyond the end of the fiscal year, provided such action is made or approved
by Resolution.
SECTION 5.15 ACCOUNTS AND REPORTS.
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The
accounts of the City shall be maintained in accordance with generally accepted
governmental accounting standards and procedures. The City Administrator shall
submit reports necessary to keep the City Council fully informed of the financial
condition of the City. Once each year by the 30th day of June, the CitX
Administrator shall submit a complete financial report to the City Council for the
precedingyear. A summary of the report shall be published in the official newspaper.
SECTION 5.16. BORROWING. The City may borrow money for such
purposes, in such manner, and to such extent as permitted by the Laws of the State of
Minnesota. Whenever said laws require prior approval of the electors for any
borrowing by the City, such approval shall not be required, provided the City Council
adopts a Resolution by a vote of at least three-fourths (3/a) of all its members
deterxning to undertake such borrowing and unless within ten (10) days after the
second publication of such Resolution, which must be published twice, a week apart,
in the official newspaper of the City, a petition signed by the voters of the City
equaling not less than 5 percent of the number voting in the last general election held
in the City, shall be filed with the City Cleric requesting an election.
BE IT FURTHER RESOLVED, that the Hastings Charter Commission
recommends that the Hastings City Council adopts this proposed Charter
Amendment by Ordinance, in the manner allowed by Minnesota Statute 410.12,
Subdivision 7.
Commissioner seconded the foregoing Resolution and upon
being put to a vote the Resolution was adopted by the Charter Commission present
at the meeting.
WHEREUPON, the Chair declared this Resolution to be duly passed this 23rd
Day of July, 1998.
Chair
City Administrator