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HomeMy WebLinkAbout2010July15CharterCommMinutesCOLUMBIA HEIGHTS CHARTER COMMISSION MINUTES July 15, 2010 7:00 p.m. Training Room Public Safety Building 825 41 Avenue N.E. Columbia Heights, MN CALL TO ORDER: The meeting was called to order by President Dan Vogtman at 7:02 p.m. ROLL CALL: Present: Matt Abel, Roger Johnson, Nancy King, Michael Patiuk, Nicholas Rivers, Rachel Schwankl, Charles A. Tyler, Dan Vogtman Members absent and excused: Carolyn Laine Members absent and unexcused: Joe Clason, Katherine Pepple Also Present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney, Carole Blowers, Recording Secretary APPROVAL OF MINUTES: Motion by Commissioner Schwankl, seconded by Commissioner Abel to approve the April 15, 2010, minutes as presented. Motion passed unanimously. CORRESPONDENCE: The Recording Secretary stated that she prepared the summary sheet of all actions (or non - actions) of the commission relative to the various parts of the City Charter that has been discussed over the past several months, as well as several ordinances in preparation for tonight's meeting. The agenda and minutes of the last meeting were also prepared and sent out. STATUS OF THE COMMISSION: We currently have 11 of 15 possible members. OLD BUSINESS: President Vogtman stated that based on past discussions at Charter Commission meetings, we need to hold second readings of changes to Chapter 2, Section 10a; Chapter 7, Section 72; and Chapter 9, Sections 87 through 92. Ordinances reflecting the changes proposed were reviewed and are as follows: CHAPTER 2, FORM OF GOVERNMENT, SECTION 10A, THE MAYOR The proposed changes are as follows: Chapter 2, Section 10A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 10a. Notwithstanding the provisions of any general or special law or this charter, all police first employed by the city on and after June 15, 1972 shall be members of the Public Employees Retirement Association Police and Fire Fund, and shall not be eligible for membership in the Columbia Heights Police Relief Association. IS HEREWITH AMENDED TO READ AS FOLLOWS: Page 1 Columbia Heights Charter Commission July 15, 2010 SUMMARY: President Vogtman referenced State Statute 423A.01. As there are no employees that this applies to, it is recommended we delete Chapter 2, Section 10a. Motion was made, seconded, and passed unanimously to approve the second reading of Chapter 2, Section 10a. This change should be submitted to the City Council in ordinance form for their vote to approve. CHAPTER 7, TAXATION AND FINANCE, SECTION 72, BONDED DEBT AND DEBT LIMIT The proposed changes are as follows: Chapter 7, Section 72,of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four -fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof, for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon the property specially benefitted by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. Page 2 Columbia Heights Charter Commission July 15, 2010 Before any bonds are sold, there shall be a four - fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four -fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period, the bond sale shall occur within sixty days. During said sixty -day period, the City Manager shall have the authority to establish a special meeting upon at least seventy -two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four -fifths vote of the council. (Ordinance No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994) Section 72a. POWERS OF CITY IN BOND ISSUANCE. In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10, 1986) Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 72. BONDED DEBT AND DEBT LIMIT. Page 3 Columbia Heights Charter Commission July 15, 2010 SWIM. 1=11111111111 Mill- IN I I 11M. 6 , 101 0111M I Page 3 Columbia Heights Charter Commission July 15, 2010 "PIP"rimel r: . Pl": I: fP .ef�TT�ti�'14l}:l�liR'l.E�'i. ANINNIN WE 111 Seetion 72b. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994) Before any bonds are sold, there shall be a four - fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four -fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period, the bond sale shall occur within sixty days. During said sixty -day period, the City Manager shall have the authority to establish a special meeting upon at least seventy -two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four -fifths vote of the council. (Ordinance No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994) Page 4 Columbia Heights Charter Commission July 15, 2010 Section 72-a In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10, 1986) SUMMARY: President Vogtman referenced State Statute 475.53. The City Attorney stated this would be a housekeeping change. It is recommended to delete the first paragraph of Section 72 and all of Section 72A, 72b, and combine the second paragraph of Section 72. Motion was made, seconded, and passed unanimously to approve the second reading of Chapter 7, Section 72, regarding Bonded Debt and Debt Limit. This change should be submitted to the City Council in ordinance form for their vote to approve. CHAPTER 9, EMINENT DOMAIN, SECTIONS 87 -92, POWER TO ACQUIRE PROPERTY, PROCEEDINGS TO TAKING PROPERTY, PAYMENT OF AWARD, CITY MAY ABANDON PROCEEDINGS, CITY MAY TAKE ENTIRE PLANT, AND EASEMENTS —HOW ACQIRED The proposed changes are as follows: Chapter 9, Sections 87, 88, 89, 90, 91, and 92 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any property, corporal or incorporal, either within or without its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to acquire property for other public purposes, the city may also acquire, as herein provided, any gas, water, heat, power, light, telephone, or other plant or other public utility; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. Section 88. PROCEEDINGS IN TAKING PROPERTY. The necessity for the taking of any property by the city shall be determined by the council and shall be declared by a resolution which shall describe such property as nearly as may be and state the use to which it is to be devoted. The acquisition of such property may be accomplished by proceedings at law, as in taking of land for public use by right of eminent domain according to the laws of this state except as otherwise provided in this chapter. Section 89. PAYMENT OF AWARD. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award with interest thereon at the current judgment rate set by State Statute from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. (Ordinance No. 1468, passed December 15, 2003) Section 90. CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of the council at any stage of the condemnation proceedings, or at any time within thirty days after any commissioners appointed by the court hereunder shall have filed their report with the clerk of court, or in case of any appeal to the district or Supreme court at any time within thirty days after final determination thereof, abandon such proceedings as to all or any parcel of the property sought to be acquired and shall pay all costs thereof. Section 91. CITY MAY TAKE ENTIRE PLANT. In case the city shall condemn a public utility which is operated at the time of the commencement of condemnation proceedings as one property or one system, it shall Page 5 Columbia Heights Charter Commission July 15, 2010 not be necessary in such condemnation proceedings or any of the proceedings of the council, to describe or treat separately the different kinds of property composing such system, but all of the property, lands, articles, franchises and rights which enter into and go to make up such system, may, unless otherwise ordered by the court, be treated together as constituting one property and an award for the whole property in one lump sum may be made by the commissioners on condemnation or other body assessing the damages. Section 92. EASEMENTS, HOW ACQUIRED. Easements for slopes, fills, sewers, building lines, poles, wires, pneumatic tubes, pipes and conduits for water, gas, heat and power, may be acquired by gift, devise, purchase or condemnation in the manner provided by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any property, corporal or incorporal, either within or without its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to acquire property for other public purposes, the city may also acquire, as herein provided, any gas, water, heat, power, light, telephone, or other plant or other public utility; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. The general laws of the State of Minnesota relative to Eminent Domain shall govern the Citv of Columbia Heights. U BY • U . • N01011_1 I I IN LA • 01 PENN W11 W. • ..� �. ff ME JI L_ i i U LA • 01 PENN W11 W. LA • W-1 W WN 1111111 11101 , 111111 I.,gWA-g-Ill-go. Page 6 Columbia Heights Charter Commission July 15, 2010 SUMMARY: President Vogtman stated that he reviewed State Statute 475.53 in reference to this section of the city charter. The City Attorney stated this would be a housekeeping change. In essence, we would keep Section 87 as is, delete Sections 88 -92, and add the following sentence: "The general laws of the state of Minnesota relative to Eminent Domain shall govern the City of Columbia Heights." Motion was made, seconded, and passed unanimously to approve the second reading of Chapter 9, Sections 87- 92, regarding Eminent Domain. This change should be submitted to the City Council in ordinance form for their vote to approve. NEW BUSINESS: President Vogtman stated that based on past Charter Commission discussions about the following sections of the City Charter, first readings should be held on them tonight: • Chapter 4, Section 28a, The Primary Election • Chapter 4, Section 33, Canvas of Elections • Chapter 6, Section 56, Purchases and Contracts • Chapter 7, Section 70, Receipts to go to City Treasurer • Chapter 7, Section 74, Emergency Debt Certificates • Chapter 8, Sections 75 -86, Local Improvements & Special Assessments CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 28A, THE PRIMARY ELECTION The proposed changes are as follows: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 20413.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice Page 7 Columbia Heights Charter Commission July 15, 2010 thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesd aftef the seeend M,,,,day in Septem on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 20413.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) SUMMARY: President Vogtman referenced State Statute 205.065. The state legislators recently changed the date of the primary election to allow more time for voters to participate (especially those in the military). Changing the wording to read "The primary election date shall be held on the date established by Minnesota State Law" would cover this recent statute change and any other changes that the legislators decide to make in the future. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 4, Section 28a, The Primary Election. CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTION 33, CANVAS OF ELECTIONS The proposed changes are as follows: Chapter 4, Section 33, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. Page 8 Columbia Heights Charter Commission July 15, 2010 IS HEREBY AMENDED TO READ AS FOLLOWS: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within fie seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. SUMMARY: President Vogtman referenced State Statute 205.185. Our charter was two days more restrictive than the state statutes. This change would make it the same as in the state statutes. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 4, Section 33, Canvas of Elections. CHAPTER 6, ADMINISTRATION OF CITY AFFAIRS, SECTION 56, PURCHASES AND CONTRACTS The proposed changes are as follows: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SHALL BE AMENDED TO READ AS FOLLOWS: Section 56. PURCHASES AND CONTRACTS. The City Manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00 the current amount set by the city council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213, passed December 10, 1990) SUMMARY: President Vogtman referenced Minnesota Statutes 412.271 and 412.691 pertaining to these changes. It was noted by the City Attorney that the current amount set by the city council is $15,000. By changing the wording to "...the current amount set by the City Council ", no specific dollar amount needs to be cited and changed if and when the council sets a different amount in the future. Motion was made, seconded, and approved, with one no vote, to approve on first reading the changes proposed for Chapter 6, Section 56, Purchases and Contracts. Page 9 Columbia Heights Charter Commission July 15, 2010 CHAPTER 7, TAXATION AND FINANCE, SECTION 70, RECEIPTS GO TO THE CITY TREASURER The proposed changes are as follows: Chapter 7, Section 70, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any pefsen in the ° pley of the eity guilty of a °� this pfevision shall be liable to be Fedueed in Fank and salafy of to be dismissed fr-ofn effiee of -he eoun may detefmi aft er ., 1,°.,,-in (Ordinance No. 1086, passed June 11, 1984) SUMMARY: President Vogtman referenced State Statutes 412.141. Commissioner Abel questioned if this would be in conflict with Chapter 3, Section 27 of the City Charter. The City Attorney explained that the last sentence is archaic /dated and should be deleted, as this would be a Human Resource issue and would be handled per the various unions. Motion was made, seconded, and approved unanimously to approve on first reading the changes proposed for Chapter 7, Section 70, Receipts to go to City Treasurer. CHAPTER 7, TAXATION AND FINANCE, SECTION 74, EMERGENCY DEBT CERTIFICATES The proposed changes are as follows: Chapter 7, Section 74, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by four -fifths of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the Page 10 Columbia Heights Charter Commission July 15, 2010 city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by fouf fifths an unanimous vote of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. SUMMARY: The City Attorney explained this needs to read by "unanimous vote" to be in compliance with state statutes. Motion was made, seconded, and passed unanimously to approve on first reading the changes proposed for Chapter 7, Section 74, Emergency Debt Certificates. CHAPTER 8, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS, SECTIONS 75 THROUGH 86, POWER TO MAKE LOCAL IMPROVEMENTS, POWER TO LEVY SPECIAL ASSESSMENTS, LOCAL IMPROVEMENTS, HOW MADE, APPEAL FROM ASSESSMENT, NOTICE OF APPEAL, TRIAL OF ASSESSMENT APPEAL, REASSESSMENTS, PLAN OF ASSESSMENTS, PAYMENT OF ASSESSMENTS, PENALTY FOR DELINQUENCY, CERTIFIED TO AUDITOR, AND COUNTY TREASURER COLLECTOR FOR CITY The proposed changes are as follows: Chapter 8, Sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86 of the Charter of the City of Columbia Heights which currently reads as follows: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four -fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to Page 11 Columbia Heights Charter Commission July 15, 2010 assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal Page 12 Columbia Heights Charter Commission July 15, 2010 from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, Page 13 Columbia Heights Charter Commission July 15, 2010 except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. T he ei ty of Columbi Heights shall h ave th nirprvve in of andef th stfeets, alleys and publie r'aEes in the eit ly council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws of the State of Minnesota. 111ifIlklif ~ W' r DIffilklTAM D= V WE E MVIL , , Mr.". 9r erseer� ININ .b '11 1110 N10 IM11 M 0116M. 111ifIlklif ~ W' r Page 14 Columbia Heights Charter Commission July 15, 2010 0111111 11 Page 14 Columbia Heights Charter Commission July 15, 2010 SUMMARY: President Vogtman referenced State Statute 429. The City Attorney explained that there has been several changes in state law regarding Chapter 8. The proposed changes he suggested verbally at tonight's meeting still gives the council the power to make improvement sand levy assessments. Commissioner Abel thought we should see it in writing before voting on it. It was decided to table any action on this section of the City Charter. Continued Discussion on Chapter 10, Franchises The City Attorney had provided the Recording Secretary with the state statutes referencing this section of the city charter, and this information was passed out to members tonight. He stated that just reviewing the several pages of state statutes regarding cable franchises, members could see how complex this issue is. The City Attorney stated another cable company could come in, which would be very expensive to put in new infrastructures here. The cable franchise is the only franchise we have at this time. The City Attorney did not have any proposed wording prepared for tonight's meeting which would reflect the current state and federal regulations which would come into play. Steve Guzzetta, the city's cable franchise attorney, has very briefly reviewed this section of our charter and did not recommend any changes at this time. President Vogtman suggested wording on wireless Internet. President Vogtman noted that in doing his research in the state statutes regarding the above changes, he noted the state statutes mention energy conservation, and we do not mention it anyplace in our city charter. NEXT MEETING DATE The next regular meeting date will be October 21, 2010, where we will look at Chapters 11 and 12. ADJOURNMENT: Motion was made and seconded to adjourn the meeting at 8:10 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary for the Charter Commission Page 17 Columbia Heights Charter Commission July 15, 2010