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HomeMy WebLinkAbout2005/03/14 - ADMIN - Agenda Packets - City Council - Regular AGENDA SUMMARY CITY COUNCIL SPECIAL MEETING ST. LOUIS PARK, MINNESOTA March 14, 2005 6:30 p.m. 1. Call to Order 2. 2nd Reading of Amendments to the City Home Rule Charter 2nd reading of an ordinance to amend Table of Contents, Chapters 4, 5, 6, 11, and Index of the City Home Rule Charter. Proposed amendments relate to a study of the charter conducted over the past two years by the Charter Commission. Recommended Action: Motion to approve the ordinance to amend St. Louis Park Home Rule Charter: Table of Contents, chapters 4, 5, 6, 11, and index. 3. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 1 2. Proposed Amendments to the City Home Rule Charter 2nd reading of an ordinance to amend Table of Contents, Chapters 4, 5, 6, 11, and Index of the City Home Rule Charter. Proposed amendments relate to a study of the charter conducted over the past two years by the Charter Commission. Recommended Action: Motion to approve the ordinance to amend St. Louis Park Home Rule Charter: Table of Contents, chapters 4, 5, 6, 11, and index. Background: Council approved first reading of the ordinance amending the St. Louis Park Charter at a public hearing held on February 22, 2005. The action taken tonight will approve all changes proposed by the Charter Commission effective 90 days following publication of the full ordinance. Changes related to the local election filing are time sensitive and must be in place prior to the beginning of the filing period. This action was originally proposed for the regular meeting of March 21st. Because the action requires 7 votes, and we anticipate not having all seven members of council present on March 21st, this special meeting has been scheduled. Taking action on the 14th will allow the time necessary for publication and the waiting period, and changes will be in effect prior to the candidate filing period. Attachments: Proposed Ordinance Submitted by: Cindy Reichert, City Clerk Approved by: Tom Harmening, City Manager St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 2 ORDINANCE NO. ______ AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE CHARTER TABLE OF CONTENTS, CHAPTERS 4, 5, 6, 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 references to subchapter 11.06. SECTION 2. The St. Louis Park Home Rule Charter Section 4.02 is hereby amended to read: Section 4.02. Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November, 1967, and on the same day every two years thereafter, at such place or places as the City Council may designate by resolution. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one ward. At least fifteen (15) days' two (2) weeks’ notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notices shall not invalidate such election. SECTION 3. The St. Louis Park Home Rule Charter Section 4.03 is hereby amended to read: Section 4.03. Primary Elections. The Council shall, whenever three (3) or more candidates have filed for any elective City office, provide through ordinance or resolution for a primary election to be held for each such office. The primary election shall be held on the first Tuesday after the second Monday in September. At least fifteen (15) days' two (2) weeks’ notice shall be given by the Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notices shall not invalidate such election. SECTION 4. The St. Louis Park Home Rule Charter Section 4.06 is hereby amended to read: Section 4.06. Nomination by Petition. The nomination of elective officers provided for by this Charter shall be by petition. The name of any nominee shall be printed upon the ballot whenever a petition meeting the requirements specified in this Charter has been filed on the nominee's behalf with the City Clerk. St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 3 Such petition shall be signed by at least fifteen (15) currently registered electors qualified to vote for the office specified in the petition. No elector shall sign petitions for more candidates than the number of places to be filled at the election, and should the elector do so that signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk not more than twelve (12) ten (10) nor fewer than eight (8) weeks (eighty-four (84) seventy (70) days and fifty-six (56) days) before the first Tuesday after the second Monday in September before the general city election. The Clerk shall prepare the ballots with names of the candidates for an office in a manner provided by ordinance. Each petition, when presented, must be accompanied by a twenty dollar ($20.00) filing fee. SECTION 5. 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, or City Manager’s Designee, 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, or City Manager’s Designee, 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 6. The St. Louis Park Home Rule Charter Section 6.04, paragraph 2, is hereby amended to read: Section 6.04. Preparation of Annual Budget. The budget submitted by the City Manager shall include details of revenues and expenses for the preceding two (2) years, the current year, and the budget year with appropriate explanations and shall be submitted to the Council no later than the first (1st) regular monthly meeting in September. SECTION 7. The St. Louis Park Home Rule Charter Section 6.15 is hereby amended to read: Section 6.15. Bonds and Debt Limit. (a) In addition to the power to borrow and issue bonds and other securities obligations for the payment of money specifically or impliedly granted by this Charter, the City shall have the powers regarding issuance of obligations granted to cities of its same class and to statutory cities by the laws of the State of Minnesota. The City shall have the power to issue and sell its bonds to the State of Minnesota and to comply with all provisions of law relative to loans to municipalities from the permanent State funds. The City shall also have such powers as are necessary to obtain loans or funds from the Government of the United States and any of its instrumentalities, and to comply with all provisions of law applicable to obtaining such loans or funds. The powers granted in this paragraph are in St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 4 addition to and separate from the powers granted by any other provisions of this Charter. Notwithstanding Section 1.04 of this Charter, if the provisions of any laws referred to in this paragraph are inconsistent with other provisions of this Charter, the provisions of such laws shall be controlling as to powers granted by such laws. (b) The In addition to its powers granted under Section 6.15(a) of this Charter, the Council, by a vote of at least six (6) of its members and without submitting the question to the voters, may authorize a bond issue to provide funds the issuance of bonds for any public purpose not prohibited by law or may, in its discretion, by a majority vote of all of its members, submit the question whether to issue such bonds to the voters. When such a question is submitted to the voters, no bonds or other term obligations of the City may be issued except upon the favorable vote of a majority of those voters who vote on their issuance. Bonds may include special limitations to provide for their payment out of earnings from the activity financed by the bond proceeds, may restrict payments partially from such earnings and make the remaining amounts due payable out of tax funds. Such limitations may be created by notice given during the proceedings authorizing the issuance of the bonds by the terms of the bonds or by separate agreement with the purchasers of the bonds. To the extent that they are payable out of earnings or from sources other than tax funds, such bonds shall not be paid out of taxes.permitted by state law. (c) The total bonded debt of the City at the time any bonds are issued shall not exceed the limit authorized by State law for cities of the same class and statutory cities. SECTION 8. The St. Louis Park Home Rule Charter Section 6.16 is hereby amended to read: Section 6.16. Form and Repayment of Bonds. (a) No bonds which pledge the full faith and credit of the City to their payment shall be issued to run for longer than the reasonable life expectancy of the property or improvement for which such bonds are authorized, as ascertained and set forth in the resolution authorizing such bonds, and in no case shall such bonds be issued to run for more than thirty (30) years unless a longer maturity is otherwise authorized by state law. The purposes for which bonds are authorized shall be set forth in the resolution authorizing them, and the proceeds from such bonds which pledge the full faith and credit of the City to their payment shall not be diverted to any other purposes. SECTION 9. The St. Louis Park Home Rule Charter Section 6.18 is hereby amended to read: Section 6.18. Bonds Outside the Debt Limit. The Council may authorize the issuance of bonds for lawful purposes outside of the debt limit without limitation on their amount: St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 5 (a) for the creation and maintenance of a permanent improvement revolving fund; (b) for extending, enlarging or improving revenue-producing public utilities of whatever nature, owned and operated by the City, or of acquiring property needed in connection therewith; (c) for public improvements payable from special assessments; and (d) for any authorized purpose pursuant to the powers of the City pursuant to Section 6.15(a) of this Charter.for which obligations may be issued without regard to debt limit under State law. The Council may also authorize the lease purchase of equipment or the purchase of equipment on conditional sale contracts, provided that the lease or installment payments do not extend beyond the estimated useful life of the equipment so leased or purchased, as ascertained and set forth in the resolution authorizing such lease or conditional sales contract. SECTION 10. The St. Louis Park Home Rule Charter Section 11.01 is hereby deleted in its entirety: Section 11.01. Official Bonds. The City Manager, the City Clerk, the City Treasurer and such other officers or employees of the City, as may be identified by ordinance, shall, before entering upon the duties of their respective offices or employment, give a corporate surety bond to the City in such form and in such amount as may be fixed by the Council as security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved as to form by the City Attorney, the City Council and filed with the City Clerk. The premiums on such corporate surety bonds shall be paid by the City. SECTION 11. The St. Louis Park Home Rule Charter Section 11.06 is hereby deleted in its entirety: Section 11.06. City Officers Not to Accept Favors or Contracts. No member of the City Council or employee of the City shall solicit or receive any pay, commission, money, thing of value or derive any profit, directly or indirectly, from or by reason of, any improvement, alteration or repair required by the City, or any contract to which the City shall be a party except compensation, or salary as a member of the City Council or as an employee of the City. No member of the City Council or employee of the City, shall solicit, accept or receive, directly or indirectly, from any public utility any pass, frank, free ticket, free service or any other favor, upon terms more favorable than those granted the public generally. A violation of any of the provisions of this section shall disqualify the offender from continuing in office or in the employment of the City, and the offender shall be discharged or removed from office. Any contract with the City in which any member of the City Council or employee of the St. Louis Park City Council Special Meeting Item: 031405 - 1 - Charter Commission Recommendations Page 6 City is, or becomes directly or indirectly interested, personally or as a member of a firm, or as an officer or director of a corporation, shall be voidable at the option of the Council; and any money which shall have been paid on such contract by the City may be recovered from any or all of the persons interested therein by civil action. SECTION 12. The St. Louis Park Home Rule Charter Index is hereby amended to delete references to sections 11.01 and 11.06: Official bonds . . . 11.01 Bonds . . . 11.01 Bond, premium . . . 11.01 Bond and premium . . . 11.01 Favors . . . 11.06 Voidable . . . 11.06, 12.18(1) City officers not to accept favors or contracts . . . 11.06 Merit system; establishment . . . 11.06 SECTION 12. 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: Adopted by the City Council May 14, 2005 City Manager Mayor Attest: Approved as to Form and Content: City Clerk City Attorney