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1 Organizational ItemsCITYOF C HASSEN 690 CiO, Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 Web wtvtt:ci.&a,bassen, m,.,s MEMORANDUM TO: Mayor and City Council FROM: Todd Gerhardt, Acting City Manager DATE: January 4, 1999 SUB J: Organizational Items: a. Rules of Procedure b. Official Newspaper c. City Attorney d. Bond Consultant e. Acting Mayor f. Weed Inspector g. Fire Chief h. Health Officer i. City Auditors j. Official Depository go Rules of Procedure: Attached please find a copy of the Council's Rules of Procedures. No amendments have been made to the resolution from last year. bo Official Newspaper: Attached please find letters from the Chanhassen Villager and the Lakeshore Weekly News requesting designation as the city's official newspaper. This office recommends that the Chanhassen Villager be appointed as the city's official newspaper because it is the only newspaper that meets designation guidelines established by state statute (state statute attached). City Attorney: It is the recommendation of this office that the firm of Campbell Knutson Professional Associates be reappointed as City Attorney. Requests for Proposals will be prepared in the year 2000 for a contract that will be effective from 2001 through 2003. do Bond Consultant: With the significant changes made by the state legislature, especially as it relates to TIF, it would not be advisable to change fiscal consultants at this time. Springsted continues to provide excellent recommendations as it relates to the overall financial health of the city and staff recommends that they be reappointed. The City of Cha, hassen. A grvwing community with clean lakes, quality schooh, a cha,ming downtown, thriving businesses, and beautiful parks. A great place to live, work~ and play. Mayor and City Council January 4, 1999 Page 2 eo It has been the city's past practice to bid out professional services every three years and this should have occurred during 1998. I would recommend that we wait until July 1999 to begin the RFP process when the TIF district restructuring is complete. The new contract would be effective from 2000 through 2002. Acting Mayor: Rules of Procedure (Section 1.04) requires the City Council to name an Acting Mayor during the disability or absence of the Mayor. There are no state or local laws governing the designation, i.e. nomination may occur by any member of the Council or by the Mayor. A 3/Sths majority vote is required. Weed Inspector: Under state law, the Mayor is officially the Weed Inspector for the city. I would recommend that Chief Law Enforcement Officer Bob Zydowsky continue to be appointed the Deputy Weed Inspector. Fire Chief: John Wolff is beginning the second year of a two-year term a~ fire chief and therefore no action is necessary. Health Officer: Dr. McCollum has expressed his willingness to serve as the City's Health Officer again in 1999. He has held this voluntary position since 1981. City Auditors: After going through the RFP process in the fall of 199.6, the firm of Tautges Kedpath was awarded a three year contract to comptet~ audit services. No action is necessary. Requests for Proposals will be~ taken in the year 2000 for a contract that would be effective from 2001 through 2003. Official Depository: Staff recommendS that the Chanhassen Bank be reappointed as the city's official depository for 1999. Thefees for service will remain the same as charged in 1998. Requests for Proposals should have occurred during 1998. Staff will begin the RFP process in August \\cfsl\vol2\user~karen\organ.e.doe City of Chanhassen Carver and Hennepin Counties, Minnesota DATE: January_ 11, 1999 RESOLUTION NO: 99-01 MOTION BY: SECONDEDBY: A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF CITY COUNCIL BUSINESS The following rules of procedure shall govern the conduct of City Council business: SECTION 1. MEETINGS. 1.01. Meetings. The City Council shall hold regular meetings on the second and fourth Mondays of each month at 6:30 p.m. If a regular meeting falls on a legal holiday, such meeting shall be held at the same hour on the Tuesday succeeding the Monday holiday. However, in December the Council will have only one regular meeting which will be on the second Monday, December 13. Work sessions will be held every Monday at 5:30 p.m.; however, no work session will be held on a legal holiday. 1.02. Special Meetings and Emergency Meetings. Special meetings of the City Council may be called by the Mayor or by any two members of the Council in writing filed with the City Clerk, who shall then mail a notice to all the members of the time, place, and purpose of the meeting. The notice shall also be posted on the City's principal bulletin board. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings. The notice shall be posted and mailed, or delivered at least three (3) days before the date of the meeting. Emergency meetings may be held without prior notice when all Council members are present at the meeting or consent thereto in writing. Such consent shall be filed with the City Clerk prior to the beginning of the meeting. A good faith effort shall be made to notify each news medium that has filed a written request for notice of meetings. Notice shall include the subject of the meeting. 1.03. Place. All meetings shall be held in the Council Chambers of Chanhassen City Hall unless there is a published or posted notice designating another location. 1.04. Presiding Officers. The mayor shall preside at all meetings of the Council. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the Council members shall elect one of their number as temporary chairperson to so preside. 1.05. Quorum. Three members of the Council shall constitute a quorum for the transaction of business of the Council, but a smaller number may adjourn from time to time. 1.06. Order of Business. At the hour appointed for meeting, the members shall be called to order by the Mayor, or in her absence by the Acting Mayor, or in the absence of both by the City Manager. In the absence of the City Manager, the Mayor shall appoint a Secretary pro tem, as the case may be, shall call the roll, note the absentees and announce whether a quorum is present. If a quorum is present, the Council shall proceed to business which shall be conducted in the following order: 2. 3. 4. Call to Order (Pledge of Allegiance) Roll Call Approval of Agenda Consent Agenda o 6. 7. 8. 9. 10. 11. 12. Visitor Presentations Public Hearings Award of Bids Unfinished Business New Business Council Presentations Administrative Presentations Adjournment 1.07. Consent Agenda. Items of routine, or primarily administrative in nature, shall be presented by the City Manager as a part of the consent agenda. All items so submitted shall have one clearly understandable recommended action so that all items may be voted upon as a group without discussion. The Mayor shall ask if there is anyone present, written correspondence received, or any Council member wishing to discuss any item prior to calling for a vote approving the consent agenda. Any items requiring discussion shall be removed from the consent agenda and shall become the last item on the agenda unless a Council member requests that it be heard earlier, i.e. if the question is short or persons are in attendance who are affected by the decision. If the action proposed to be taken involves a citizen(s) not in attendance, action shall be tabled to allow notification of the Council's intent to discuss the proposed action. 1.08. Curfew. No additional agenda items shall be discussed after 11:30 p.m. No meetings shall continue past 12:00 midnight. Meetings adjourned under this policy shall be continued to a time specified by the Council. The continued meeting will start at the point on the agenda where the adjournment occurred. 1.09. First Regular Meeting of the Year. At the first regular Council meeting in January of each year, the Council shall (1) designate the depository of City funds, (2) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (4) review the Rules of Procedure of the City Council and make any necessary changes. SECTION 2. AGENDA FOR REGULAR MEETING. 2.01. Filing Deadline. All matters to be submitted to the Council shall be filed with the City Manager's office not later than 10:00 a.m. on the Thursday ten days prior to the Council meeting at which consideration is desired. In unusual circumstances and when the matter does not require investigation, an item may be accepted after said deadline upon the approval of the City Manager or Mayor. 2.02. Maintenance of Agenda. No item of business shall be considered for action by the Council which does not appear on the agenda for the meeting, except that an item of urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all responsible citizen petitions, requests and statements; however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action, other than filing, is required or requested. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda. Staff will make every effort to provide this information at least 120 hours prior to each regular Council meeting. Exceptions may occur during holiday weeks. 2 No matter may be submitted for Council action by any administrative official, department head or employee unless it has first been presented to the City Manager or Mayor for inclusion on the agenda. The City Manager and Mayor shall establish the agenda for each regular and special meeting. SECTION 3. MINUTES. 3.01. Record of Council Meetings. The City Manager or the Manager's designee or secretary pro tem, shall keep a record of all Council meetings. 3.02. Reading of Minutes. Unless a reading of the minutes ora Council meeting is requested by a member of the Council, such minutes may be approved without reading on the consent agenda if each member has previously been provided with a copy. 3.03. Amendment of Minutes. The Council may, by motion carried by majority vote of all its members, amend the minutes. Such amending motion shall become a part of the minutes of the meeting at which the amendment was made. SECTION 4. DUTIES OF THE PRESIDING OFFICER. The presiding officer shall preserve strict order and decorum at all meetings of the Council. He/she shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such questions of order. He/she may vote on all questions, and on a roll call vote determine the order in which votes are cast. The presiding officer shall normally use the following procedure on all agenda items which such pertains: 1. State the question coming before the Council. Request a summation of the Manager's report (where such has been presented in writing to the Council). Request a report from advisory boards and commissions when said item has been referred to such. 4. Recognize citizens desiring to speak on said item. Recognize Council members desiring to speak, maintain order and decorum on items of discussion, and generally provide leadership for the Council to ensure timely and efficient decisions on each item. 6. Announce the Council decision. SECTION 5. RULES OF DEBATE. 5.01. Participation by Presiding Officer. The Mayor or other presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of her acting as the presiding officer. 5.02. Recognition by the Chair. Every member desiring to speak shall address the chair and upon recognition by the presiding officer, shall confine himself/herself to the question under debate avoiding all personalities and indecorous language. 5.03. Speaking Privileges. A member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order or to vote on a motion to close a debate, or as herein otherwise provided. Ifa member, while speaking, be called to order, he/she shall cease speaking until the question of order is determined and if in order he/she shall be permitted to proceed. 5.04. Reconsideration. A motion to reconsider any action taken by the Council may be made at any time following original action. A motion to reconsider must be made by a member of the Council who voted with the prevailing side. Should a motion to reconsider fail, an additional request for reconsideration cannot occur for a period of six months following the date of the first motion for reconsideration. If a motion to reconsider is passed, then parties entitled to notice shall be notified and action shall be taken at the next regular meeting following passage of the motion to reconsider. Should the City Council determine that other parties are not likely to be affected by an item presented for reconsideration, the City Council may, at its discretion, act on the original action the same evening as the Council votes on reconsideration. 5.05. Statements for the Record. A Council member may request, through the presiding officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council, of the reason for his/her dissent from or support of any action of the Council, entered in the minutes. Such a request may be made at the time of said action or consideration or at the time of the adoption of said minutes. Unless the council, by motion, objects, such statements shall be entered in the minutes. SECTION 6. ADDRESSING THE COUNCIL. 6.01. Permission. Any person desiring to address the Council shall first secure the permission of the presiding officer. 6.02. Procedure. Each person addressing the Council shall, if requested by the presiding officer, give his/her name and address in an audible tone for the records, and unless further time is granted by the presiding officer, shall limit his/her address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Council member or any member of the administrative staff except through the presiding officer. SECTION 7. GENERAL RULES OF ORDER. Robert's Rules of Order Revised and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. SECTION 8. VOTING. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. In determining whether the motion has passed by the required number of affirmative votes, a Council member who orally elects not to vote shall be considered as having voted against the motion in the tallying of the votes, and his election not to vote shall be duly noted in the minutes as an abstention. SECTION 9. DECORUM AND ITS ENFORCEMENT. The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided. SECTION 10. ORDINANCES~ RESOLUTIONS~ MOTIONS AND REPORTS. 10.01. Introduction of Matters for Action. Ordinances, resolutions and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions and other matters or subjects to the Council. 10.02. Passage of Ordinances, Resolutions and Motions. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded unless the vote is declared unanimous. Upon the request of any member of the Council, the vote shall be by roll call of all members of the Council as provided under the section "Duties of the Presiding Officer" in this resolution. A majority vote of all members oft he Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by state law or city ordinance. 10.03. Readings of Ordinances. Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection 10.02 of this section, and at least seven days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. 10.04. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of at least four members of the Council, as recorded by ayes and nays. 10.05. Contents of Minutes. All ordinances, resolutions, reports, petitions and correspondence shall be filed with the Manager and made a part of the minutes 'by reference. 10.06. Ordinances, Resolutions and Motions: An ordinance shall be required for: all legislation regulating or governing people or property and which provides a penalty for its violation; all permanent rules of the organization and operation of the Council; all actions required by statute to be in ordinance form. The City Attorney shall be consulted should there be a question as to whether the action posed by the Council requires an ordinance format. Resolutions: Resolutions shall normally be adopted for actions of a temporary, routine or administrative nature. Motions: Motions shall be adopted on issues of parliamentary procedure or to introduce items of business, i.e. ordinances, resolutions, etc. SECTION 11. CONDUCT OF CITY EMPLOYEES. 11.01. City Manager. The City Manager may take part in the discussion of the City Council and may recommend to the Council such measures as he/she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. He/she shall have all the rights, powers and duties prescribed by city ordinance in regard thereto; however, it is recognized that the City Council is the policy making body for the city and the City Manager shall confine his/her discussions at the Council meetings to statements of fact, recommendations based on his/her knowledge and experience and explanations of the reasons for the same and any matters pertaining to administration. 11.02. City Attorney. The City Attorney may not take part in the discussions of the City Council except to answer questions directed to him/her, comment on matters involving legal issues or procedures of the City, and to present factual material to the Council. 11.03. Other City Employees. No city employee other than the City Manager or City Attorney shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. The above regulations of city employees shall not be construed to limit the appearance before the City Council of any city employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. SECTION 12. WAIVER. By 4/5ths vote of all Council members, these rules may be waived. SECTION 13. ADJOURNMENT. A motion to adjourn shall always be in order and decided without debate. SECTION 14. MISCELLANEOUS. Section, subsection and paragraph headings used herein are not part of this resolution and shall not be used or considered in determining the proper meaning, purpose or intention hereof. SECTION 15. SEVERABILITY. If any court of competent jurisdiction shall adjudge any provision of this resolution to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. SECTION 16. EFFECTIVE DATE. The "City Council Rules of Procedure" shall be adopted by the City Council each year. Such rules shall act as the format and control activities for the ensuing year. As such, the following are hereby incorporated as a part of this resolution: The "Rules of Procedure" as adopted each year shall be maintained by the City Council in such a manner as to accurately reflect the procedures in efect for each year; and 6 o The effective date for each years "Rules of Procedure" shall be in full force and effect from and after its passage. Publication is not required as long as the roles are available for inspection and the general public may review said rules during normal business hours. Passed and adopted by the Chanhassen City Council this 11 h day of January, 1999. ATTEST: Todd Gerhardt, Acting City Manager YES Nancy K. Mancino, Mayor NO ABSENT 7 Minnesota Statutes 1998, 331A.01 Page 1 of 2 Minnesota Statutes 1998~ Table of' Chapters Table of contents for Chapter 33 lA 331A.01 Definitions. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the principal office maintained by the publisher or managing officer during a newspaper's regular business hours to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. A newspaper may have only one known office of issue. Subd. 3. Local public corporation. "Local public corporation" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. Newspaper. "Newspaper" means a publication issued regularly by the same person or corporation, or a successor, whether the name of the publication is the same or different. Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a local public corporation at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. http ://www. revisor, leg. state.mn.us/stats/331A/01, html 1/4/99 Minnesota Statutes 1998, 33 lA.01 Page 2 of 2 Subd. 8. Qualified newspaper. ',Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A.02. The following terms, when found in laws referring to the publication of a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, to enhance its coverage of and service to that community, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office, and devoted primarily to business related to the newspaper. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against the local public corporation in connection with the publication of a summary or agenda. HIST: 1984 c 543 s 20; 1986 c 444 Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota. http ://www.revisor.leg. state.mn.us/stats/331A/01 .html 1/4/99 Minnesota Statutes 1998, 33 lA.02 Page 1 of 3 Minnesota Statutes 1998, Table of Chapters T~b!e of cont~nt~ for Chopt.er .3 ~ 1.A 331A.02 Requirements for a qualified newspaper. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is qualified as a medium of official and legal publication. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified as a medium of official and legal publication, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches; (b) if a daily, be distributed at least five days each week, or if not a daily, be distributed at least once each week, for 50 weeks each year. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d) be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; (e) have its known office of issue established in either the county in which lies, in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; (f) file a copy of each issue immediately with the state historical society; (g) be made available at single or subscription prices to any person, corporation, partnership, or other unincorporated association requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h) have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of http ://www.revisor. leg. state.mn.us/stats/331A/02.html 1/4/99 Minnesota Statutes 1998, 33 lA.02 Page 2 of 3 ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. Earlier qualification. Newspapers which have been qualified, on May 20, 1965, as mediums of official and legal publication shall remain qualified only if they meet the requirements of subdivision 1, except as follows: (a) If on May 20, 1965, any newspaper is a qualified medium of official and legal publication but is printed in a foreign language, or in English and a foreign language, and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as it otherwise qualifies pursuant to the requirements of subdivision 1. (b) If on May 20, 1965, any newspaper has been circulated in and near the municipality which it purports to serve to the extent of at least 240 but less than 500 copies regularly delivered to paying subscribers and otherwise qualifies as a medium of official and legal publication pursuant to the requirements of subdivision 1, it shall be a medium of official and legal publication so long as at least 240 copies are regularly so circulated and delivered and it otherwise qualifies pursuant to the requirements of subdivision 1. Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper for publication of county board proceedings. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a medium of official and legal http://www.revisor.leg.state.mn.us/stats/331A/02.html 1/4/99 Minnesota Statutes 1998, 331A.02 Page 3 of 3 publication until the newspaper again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. Any person interested in the standing as a medium of official and legal publication of a newspaper, may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment whether the newspaper is qualified as a medium of official and legal publication. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the rules of civil procedure shall apply to the action. HIST: 1984 c 543 s 21; 1985 c 174 s 1; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13 Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota. http ://www.revisor. leg. state.mn.us/stats/331 A/02.html 1/4/99 Minnesota Statutes 1998, 331A.04 Page 1 of 1 Minnesota Statutes 1998, Table of Chapters Tal~!¢ Of ~on[en~..for f~hapter 33 ! A 331A.04 Designation of a newspaper for official publications. Subdivision 1. Priority. The governing body of any local public corporation, when authorized or required by statute or charter to designate a newspaper for publication of its official proceedings and public notices, shall designate a newspaper which is a qualified medium of official and legal publication in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the local public corporation, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the local public corporation, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the local public corporation, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a local public corporation is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a local public corporation with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. HIST: 1984 c 543 s 23 Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg, state.mn.us/stats/331A/04.html 1/4/99 December 30, 1998 Mr. Todd Gerhardt, Acting City Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Gerhardt, Please consider our request for appointment of the Chanhassen Villager as the official newspaper for the City of Chanhassen in 1998. Legal notices published in the Chanhassen Villager during this time period will be billed at the rate of $8.78 per column inch for the first insertion and $6.50 per column inch per subsequent inser- tions. The city can again take advantage of a lower rate if it submits legal notice copy on floppy disk in ASCII text format. The same rate would apply if the document is e-mailed in text format. This system worked well in 1998 and allows for a substantial labor savings if the Chanhassen Villager staff does not have to retype the notices prior to them being published in the newspaper. We would also request that hard copy accompany the disk or e-mail in the event we have any difficulties transferring data files. The rate for the materials submitted in this manner would be $7.03 per column inch, reflecting a 20% cost savings to the City of Chanhassen. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be continued in the coming year. Respectfully, Mark Weber Publisher MAW: beb /,.".~ 80 West 78th Street · Suite 170 · Chanhassen, Minnesota 55317 · (612)934-5045 Lakeshore ]k · 8178 Minnetonka Boulevard Wayzata, Minnesota 5539 ! 61 Z-473-0890 lax: 612-473-0895 December 11, 1998 City of Chanhassen City Council 690 City Center Dr,, P,O, Box 147 Chanhassen, MN 55317 Dear City Council Members: Thank you for the opportunity to bid 1999 legal notices for the City of Chanhassen, Legal Notice rates for 1999: 1.25 per line, first insertion .70 per line on ads that require more than one insertion. (Bid based on one column width) Lakeshore Weekly News will publish your legal notices on Thursday the same week as executed by the City Council if we receive your notice by Tuesday at 5 p,m, We will automatically deduct 10 percent from your lineage cost if you fax and e-mail the legal notices you wish to have published, invoices are sent on a monthly basis and two notarized affidavits of each notice of publication will accompany your statement, I appreciate your thoughtful consideration of our legal notice bid for 1999, Please call with any questions, Sincerely, Amy Cicchese Assistant Editor CHANHASSEN lINK Januaw 6,1999 The Honorable Nancy Mancino, Mayor Members of the Chanhassen City Council City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mayor and Council Members: The State Bank of Chanhassen has been happy to serve as the Official Depository for the City of Chanhassen for 1998 and for many previous years. We are requesting that the City Council give consideration to naming our Bank as the official depository of funds for the year 1999. Our Bank has the ongoing goal of providing the best products and services to our clients at competitive prices. We have enjoyed a very good working relationship with the City staff and I am pleased to compliment them for their cooperation in working with us and for the professional manner in which they conduct business. I am pleased to submit to you our proposal to provide the following products and services for the City of Chanhassen for 1999, including functioning as the Official Depository of City funds. The primary service that State Bank of Chanhassen would provide is the commercial checking account. The Bank would pay interest on the account based on an earnings credit calculation tied to the previous three month auction average for 90-day Treasury bill rates, less service charges. A schedule of service charges for the account has been provided to City staff by separate correspondence. As in the past, the Bank will pledge U.S. Government securities on 'balances in excess of FDIC insurance coverage levels. Collateral coverage will be calculated at 110% of the balances requiring pledged securities. The Bank provides a monthly report to the City staff summarizing the account balances, FDIC insurance coverage and a detailed list of the securities pledged against the deposits. The State Bank of Chanhassen would also continue to provide processing for incoming and outgoing wire transfers on the account. Monthly statements are returned with the checks sorted in sequential order to aid staff in reconciliation of the account. The Bank also processes, at the City's request, securities purchased for the City's account. A safe deposit box is also maintained by the City at our Bank. City of Chanhassen Page 2 Finally, the Bank processes payroll deposits for City employees requesting electronic deposit of funds to their personal accounts. A schedule of fees for these special services has been provided to City staff under separate cover. The Bank also provides miscellaneous services to the City, as requested. Thank you in advance for your consideration of this proposal. I will attend the January council meeting when our request is reviewed, and answer any questions that may arise. From all of us at State Bank of Chanhassen, we wish you all the very best in 1999. Sincerely, Kevin P. McShane President and CEO KPM/sh City of Chanhassen, Minnesota Proposal Form City Banking Services 11. List proposed service charges: A. Yearly Charges: Charges One Safe Deposit Box (5 x 5 x 18) Deposit Ticket Charge $21.60 per Coin Services: Purchase ($200 twice/year) Counting ($50 four/month) 200 $ 35.00 (Est.). 43.20 NO CHARGE NO CHARGE 78.20 Part A Subtotal Monthly Charges: Current Estimated Per Item Monthly Monthly Charge Activity Charges Monthly Maintenance Fee Debits Credits Items Deposited Monthly Check Sorting Fee NSF Checks Stop Payment Wire Transfers Special Handling $ 7.00 1 .10 460 .10 25 .03 2,100 5.0o I 15.00 1 15.00 1 10.00 ~' 2 15.00 0 N/A 75 $8.00 each 2 5.00 2 75 ~_$ 7.00 46.00 2.50 63.00 5.00 15.00 15.00 20.00 0 0 $ t6.oo 10.00 3.25 0 $202.75 Payroll Processing: Setup Charge Additions or Changes Fee/Payroll Charge/Item On Us Other Monthly Report on Verification of Collaterization of Deposits .O3 (25) · 05 (50) NO CHARGE 1 Total Monthly Charges Total Monthly Charges x 12 (Part B Subtotal) $2,433.00 ESTIMATED YEARLY CHARGES (PART A + B) $2,511.20 5 * The City currently rents a 3 x 10 x 18 box for $40.00/year.