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HomeMy WebLinkAbout2193-01 - ADMIN Ordinance - City Council - 2001/03/05ORDINANCE NO. 2193-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE CHARTER TABLE OF CONTENTS, CHAPTERS 1, 2, 3, 5, 7, 9, 11, AND INDEX THE CITY OF ST LOUIS PARK DOES ORDAIN. SECTION 1. The St. Louis Park Honie Rule Charter TABLE OF CONTENTS is hereby amended to delete references to subchapters 5.07, 9.03, 9.04, 9.05, 9.06, 9.07, 9.08, and 9.09. SECTION 2 The St. Louis Park Home Rule Charter Section 1.02, paragraph 7, is hereby amended to read Section 1.02. Powers of the City. The City of St Louis Park: may grant franchises or licenses for the services which shall be rendered by any owner or operator of a franchise or license; SECTION 3. The St Louis Park Honlc Rule Charter Section 2.06 is hereby amended to read. Section 2.06. The Mayor. The Mayor shall be the presiding officer of the Council, except that the Mayor Pio Tem shall be Mayor in case of the Mayor's disability, absence from the City, or in the case of vacancy in the office of Mayor until a successor is appointed and qualified. The Mayor shall vote as a member of the Council The Mayor shall exercise all powers and perform all duties conferred or imposed upon the Mayor by this Charter, the oidinances of the City and laws of the State The Mayor shall be recognized as the official head of the City for all ceiemonial purposes, by the courts for the purpose of serving civil process, and by the governor for the pui poses of martial law. SECTION 4 The St Louis Park Home Rule Charter Section 2.08 is hereby amended to read: Section 2.08. Investigation of City Affairs. The Council shall have power to make investigations into the City's aflairs including, but not limited to, neglect, dereliction of duty oi waste on the part of any officer oi department of the City, to subpoena witnesses, administer oaths and compel the production of books, papers, and other documentary evidence. The Council may provide for an examination or audit of the accounts of any officer or department of the City government, or it may direct a sutvey or research study of any problem affecting the City or its inhabitants at any time Each such investigation shall be authorized by resolution of the Council. SECTION 5 The St Lours Park Home Rule Charter Section 3.01 is hereby amended to read: Section 3.01. Council Meetings. On the first (1st) regularly scheduled meeting of a new year following a municipal election as specified m Sections 4 02 and 4 04 of this Charter, the Council shall meet at the City Hall at the usual time for the holding of Council meetings. At this time, the newly -elected members of the Council shall assume their duties Thereafter, the Council shall meet at such times as may be prescribed by resolution, except that it shall meet at a fixed time not less than once a month. the Mayor 01 any three (3) members of the Council may call special meetings of the Council upon at least twelve (12) hours' notice to each member of the Council Such notice shall be delivered personally to each menthe' or be left in a conspicuous Mace at the residence if no such pet son he found ;here The picsence of any member of the Council at a ShCCtal meeting shall constitute a w:awvei of any forma' notice uIiless the Ordinance No. 2193-01 -2- Councilmember appears for the special purpose of objecting to the holding of such meeting. The Council may provide by ordinance a means by which a minority of the Councilmembers may compel the attendance of absent members All meetings of the Council shall be public and any person shall have access to the minutes and records thereof at all reasonable times. The Mayor and Councilmembers shall each have one vote. SECTION 6. The St. Louis Park Home Rule Charter Section 3.03 is hereby amended to read: Section 3.03. Rules of Procedure and Quorum. The Council shall determine its own rules and order of business, and shall keep a record of its proceedings. A majority of the Council shall constitute' a quorum SECTION 7. The St Louis Park Home Rule Charter Section 3.07. Signing and Publication of Ordinances and Publication of Minutes, Resolutions, and Administrative Rules and Regulations subsection (d) is hereby amended to read (d) Any administrative rule or regulation of any department of the State of Minnesota affecting the City, any statute of the State of Minnesota, any published code, specification, or regulation prepared by an official or unofficial organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto by marking a copy "official copy" and filing it for reference and inspection in the City offices. The publication requirements of this Charter shall be deemed to be fully satisfied in such cases by use of this reference method. SECTION 8: The St. Louis Park Home Rule Charter Section 5.05 is hereby amended to read: Section 5.05. Purchases and Contracts. The City Manager is the chief purchasing agent of the City. All purchases on behalf of the City shall be made, and all purchases and contracts shall be let, by the City Manager, provided that the approval of the Council must be given whenever the amount of such purchase or contract exceeds the amount at which competitive bids are required by law Except for purchases and contracts made by the City Manager as set forth herein, contracts, bonds, and instruments to which the City is a party must be signed by the Mayor and City Manager on behalf of the City SECTION 9. The St. Louis Park Home Rule Charter Section 5.06 is hereby amended to read: Section 5.06. Contracts - How Let. City contracts must be made in compliance with law. When competitive.bids are submitted the contract must be awarded to the lowest responsible bidder. The City Council may reject any and all bids SECTION 10. The St. Louis Park Home Rule Charter Section 5.07 is hereby deleted in its entirety: SECTION 11. The St. Louis Park Home Rule Charter Section 7.04 is hereby amended to read: Section 7.04. Local Improvements. The Council may prepare and adopt an ordinance, prescribing the procedure which shall be followed in making all local improvements and levying assessments. Such ordinance, when adopted, shall supersede all other municipal provisions of the law on the same subject and may be amended only by an affirmative vote of at least five (5) members of the Council. Until the adoption of such an ordinance, and in absence of such • • • 'Ordinance No. 2193-01 -3- ordinance, all local improvements may be made and assessments levied as prescnbed by applicable law. SECTION 12. The St. Louis Park Home Rule Charter Section 9.02 is hereby amended to read: Section 9.02. Franchise Ordinances. The Council may grant franchises by ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise -and shall be adopted in the manner prescribed by Chapter 3 of the Charter, except that no franchise will be granted by emergency ordinance. In addition to the requirements of Chapter 3 of the' Charter, no franchise ordinance shall be granted until a public hearing has been held by the City Council. Notice of the public hearing must be published at least once in the City's official newspaper at least twenty (20) days prior to the public hearing SECTION 13. The St. Louis Park Home Rule Charter Sections 9.03 through 9.09 are hereby deleted in their entirety: SECTION 14 The St. Louis Park Home Rule Charter Section 11.02 is hereby amended to read. Section 11.02. Sale of Real Property. No real property of the City shall be sold or disposed of except by ordinance or resolution. The proceeds of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. if there is no such outstanding indebtedness, the Council may, by a resolution adopted by an affirmative vote of at least five (5) members of the Council, designate some other public use for such proceeds. SECTION 15. The St Louis Park Home Rule Charter Section 11.04 is hereby amended to read: Section 11.04. Damage Suits. The State of Minnesota has regulated actions for the recovery of damages for injuries to persons and property by Statute. Therefore, the Minnesota Tort Claims Act, applicable CO Minnesota municipalities as it may be amended from time to time, Minnesota Statute Section -3.736, is hereby adopted,by reference. The City expressly preserves all rights and defenses accorded to it by law, including the light to bring claims for contribution or indemnity SECTION 16. The St. Louis Park Home Rule Charter Section 11.05 is hereby amended to read. Section 11.05. Civil Service Commission. Subject to Minnesota statutes and the provisions of this Charter, the City Council may establish, alter from time to time, or abolish, by ordinance, a ci 11 service or merit system for all regular City employees or for such classifications as may be deemed advisable The City Council may create and appoint a civil service commission to administer and supervise such civil service or merit system. SECTION 17. The St Louis Park Home Rule Charter INDEX is hereby amended to delete the following references: Contracts - Regulations by Ordinance Franchises - Arbitration Franchises - Change Franchises - Contents Franchises - Power 5.07 9.05 - 9.06 9.07 9.06 9.04 Ordinance No. 2193-01 -4- Franchises - Publication, Cost Franchises - Rates Franchises - Renewal Ordinances - Franchise Costs Public Property - Damage by Utility Regulation - Utilities Streets - Utilities, Facilities Streets - Utilities Repair Utilities - Books Inspected Utilities - Facilities 9.03 9.05 9.07 - 9.08 9.03 9.06 9.04 9.06 9.06 9.06(5) 9.06 SECTION 18 Effective Date. This ordinance shall be in force and take effect in the City Home Rule Charter ninety (90) days after its passage and publication. Reviewed for Administration: City Manager Attest. ity Clerk rr-t Adpt d by the, d' ty • uncal March 5, 2001 L______ Mayor f Approved as to form and execution: Ci y Attorney STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A 02, §331A 07, and other applicable laws, as amended. (B) The pnnted public notice that is attached was published in the newspaper once each week, for one March successive weeks, it was first published on Wednesday, the 14 day of , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abedafghu kl m nopgrstu BY`', % Publisher Subscribed/and swom to or affirmed/•efore me o i this / day of i ' 1. , 2001. Not MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 e%AftevvonnosowLeovvtown.wowLAAdvw a RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6.20 per line $ 1 40 per line City of St. Louis Park (Official Pubhcation) ORDINANCE NO 2193-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE CHARTER TABLE OF CONTENTS, CHAPTERS 1, 2, 3, 5, 7, 9, 11, AND INDEX THE CITY OF ST LOUIS PARK DOES ORDAIN SECTION 1 The St Louis Park Home Rule Charter TABLE OF CONTENTS is hereby amended to delete ref- erences to subchapters 5 07, 9 03, 9 04, 9 05, 9 06, 9 07, 9 08, and 9 09 SECTION 2 The St Louis Park Home Rule Charter See- r tion 102, paragraph 7, is hereby amended to read Section 1.02. Powers of the City. The City of St Louis Park. ' may grant franrhiees or hcenses for the services which shall be rendered by any owner or operator of a franchise or license, SECTION 3 The St Louis Park Home Rule Charter Sec- tion 2 06 is hereby amended to read Section 2.06. The Mayor. The Mayor shall be the pre- siding officer of the Council, except that the Mayor Pro Tem shall be Mayor in case of the Mayor's disability, ab- sence from the City, or in the case of vacancy in the office of Mayor until a successor is appointed and quahfied The Mayor shall vote as a member of the Council The Mayor shall exercise all powers and perform all duties conferred or imposed upon the Mayor by this Charter, the ordinances of the City and laws of the State The Mayor shall be rec- ognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for the purposes of martial law SECTION 4 The St Louis Park Home Rule Charter Sec- tion 2 08 is hereby amended to read Section 2.08. Investigation of City Affairs. The Coun- cil shall have power to make investigations into the City's affairs including, but not hmited to, neglect, derehction of duty or waste on the part of any officer or department of the City, to subpoena witnesses, administer oaths and compel the production of books, papers, and other docu- mentary evidence The Council may provide for an exam- ination or audit of the accounts of any officer or depart- ment of the City government, or it may direct a survey or research study of any problem affecting the City or its in- habitants at any tune Each such investigation shall be authorized by resolution of the Council SECTION 5 The St Louis Park Home Rule Charter Sec- tion 3 01 is hereby amended to read Section 3.01. Council Meetings. On the first (1st) reg- ularly scheduled meeting of a new year following a mu- nicipal election as specified m Sections 4 02 and 404 of this Charter, the Council shall meet at the City Hall at the usual time for the holding of Council meetuigs At this time, the newly -elected members of the Council shall as- sume their duties Thereafter, the Council shall meet at such times as may be prescribed by resolution, except that it shall meet at a fixed time not leas than once a month The Mayor or any three (3) members of the Council may call special meetings of the Council upon at least twelve (12) hours' notice to each member of the Council Such notice shall be dehvered personally to each member or be loft in a conspicuous place at the residence if no such person be found there The presence of any member of the Council at a special meeting shall constitute a waiver of any for- mal notice unless the Councilmember appears for the spe- cial purpose of objecting to the holding of such meeting The Council may provide by ordinance a means by which a mmonty of the Councilmembers may compel the atten- dance of absent members All meetings of the Council shall be public and any person shall have access to the min- utes and records thereof at all reasonable times The Mayor and Councilmembers shall each have one vote SECTION 6 The St Louis Park Home Rule Charter Sec- tion 3 03 is hereby amended to read - Section 3.03 Rules of Procedure and Quorum. The Council shall determine its own rules and order of busi- ness, and shall keep a record of its proceedings A major- ity of the Council shall constitute a quorum SECTION 7 The St Louis Park Home Rule Charter Sec- tion 3 07 Signing and Pubhcation of Ordinances and Pub- lication of Minutes, Resolutions, and Admuustrat ive Rules and Regulations subsection (d) is hereby amended to read (d) Any administrative rule or regulation of any depart- ment of the State of Minnesota affecting the City, any statute of the State of Minnesota, any pubhshed code, specification, or regulation prepared by an official or unof- ficial organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto by marking a copy "official copy" and filing it for reference and inspection m the City offices. The pubhca- tion requirements of this Charter shall be deemed to be fully tisfied rnr such cases by use of this reference SECTION 8 The St Louis Park Home Rule Charter Sec- tion 5 05 is hereby amended to read SECTION 12 The St Lows Park Home Rule Charter Sec- tion 9 02 is hereby amended to read Section 9.02 Franchise Ordinances. The Council may grant franchises by ordinance Every ordinance grantmg a franchise shall contain all the terms and conditions of the franchise and shall be adopted in the manner prescnbed by Chapter 3 of the Charter, except that no franchise will be granted by emergency ordinance In addition to the re- quirements of Chapter 3 of the Charter, no franchise ordi- nance shall be granted until a public hearing has been held by the City Council Notice of the public hearing must be published at least once m the City's official newspaper at least twenty (20) days pnor to the public hearing SECTION 13 The St Lotus Park Home Rule Charter Sec- tions 9 03 through 909 are hereby deleted in their entire- ty SECTION 14 The St Lotus Park Home Rule Charter Sec- tion 11 02 is hereby amended to read Section 11.02. Sale of Real Property. No real proper- ty of the City shall be sold or disposed of except by ordi- nance or resolution The proceeds of any such sale shall be used as far as possible to retire any outstanding indebted- ness incurred by the City in the purchase, construction or imp-ovement of this or other property used for the same public purpose If there is no such outstanding indebted- ness, the Council may, by a resolution adopted by an affir- mative vote of at least five (5) members of the Council, des- ignate some other public use for such proceeds. CTION 15 The St Louis Park Home Rule Charter Sec - on 1104 is hereby amended to read on 11.04. Damage Suits. The State of Minnesota as regulated actions for the recovery of damages for in- unes to persons and property by Statute Therefore, the Tort Claims Act, applicable to Minnesota mu- icipahties as it may be amended from time to time, Min- esota Statute Section 3 736, is hereby adopted by refer- ee The City expressly preserves all rights and defens- accorded to it by law, including the right to bring claims r contribution or indemnity ECTION 16 The St Lotus Park Home Rule Charter Sec - on 1105 is hereby amended to read on 11.05. Civil Service Commission. Subject to Iinnesota statutes and the provisions of this Charter, the ity Council may estabhsh, alter from time to time, or bohsh, by ordinance, a civil service or meet system for all gular City employees or for such classifications as may deemed advisable The City Council may create and ap- int a civil service commission to administer and super - such civil service or ment system ECTION 17 The St Lotus Park Home Rule Charter is hereby amended to delete the following refer- nces ntracts - Regulations by Ordinance anchises - Arbitration ranrhisee - Change nchises - Contents nchises - Power anchises - Publication, Cost ses - Rates anchises - Renewal mantes - Franchise Costs bhc Property - Damage by Utility gulation - Utilities treets - Utilities, Facilities treets - Utilities Repair Itihbes - Books Inspected Ttilrties - Facilities 5 07 905 906 9 07 906 9 04 9 03 905 9 07 9 08 9 03 906 9 04 9 06 906 9 06(5) 9 06 ECTION 18 Effective Date This ordinance shall be in and take effect in the City Home Rule Charter nine - (90) days after its passage and publication opted by the City Council March 5, 2001 effrey W Jacobs /s/Mayor (March 14, 2001)A3/Ord No 2193-01 d 'J r Fi $ r Tr Section 6.05. Purchases and Contracts. The City, Manager is the chief purchasing agent -of the City All pur- chases on behalf of the City shall be made, and all pur- chases and contracts shall be let, by the City Manager, provided that the approval of the Council must be given whenever the amount of such purchase or contract exceeds the amount at which competitive bids are required by law Except for purchases and contracts made by the City Man- ager as set forth herein, contracts, bonds, and instruments to which the City is a party must be signed by the Mayor and City Manager on behalf of the City SECTION 9 The St Louis Park Home Rule Charter Sec- tion 5 06 is hereby amended to read Section 5.08. Contracts - How Let. City contracts must be made in compliance with law When competitive bids are submitted the contract must be awarded to the lowest responsible bidder The City Council may reject any and all bids SECTION 10 The St Louis Park Home Rule Charter Sec- tion 5 07 is hereby deleted in its entirety SECTION 11 The St Lours Park Ho' Rule Charter Sec- tion 7 04 is hereby amended to read Section 7.04. Local Improvements. The Council may prepare and adopt an ordinance, prescribing the procedure which shall be followed in making all local improvements and levying assessments Such ordinance, when adopted, ah»ll supersede all other municipal provisions of the law on the seine subject and may be amended only by an affir- mative vote of at least five (5) members of the Council Until the adoption of such an ordinance, and in absence of such ordinance, all local improvements may be made and assessments levied as prescribed by applicable law