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Admin Section I ADMINISTRATIVE SECTION" ' Letter fran David Mocol re: Lyman Lumber Company dated November 15, 1988. Letterato'Joel Katz dated November 15, 1988. ' Letter and enclosures from Tim Berg dated November 11, 1988. Letter and enclosures fran Patrick Farrell dated November 10, 1988. Letter and enclosure fran Jim Ranstad dated 1988. Memo to SW Corridor Transportation Coalition dated November 11, 1988. Nelms and letter from Scott Harr dated November 15 & 16, 1988. `1 Letter frcn Shelley Hawkos dated Novernber 151988. Memo from Gary Warren dated November 21, 1988. 1, Letter To Minnesota Dept. of Transportation dated November 21, 1988. Construction Schedule for. Rpsanount Engineering dated November 11, 1988. " Site Meeting Minutes from EOS dated .November 4, 1988.- Memo from Scut Harr dated November 14,'1988. ' Information en the Ward System of Election of City Councilmembers. 11 _ Regional. Transit Board 1987 Annual Report. IH.R.A. Accounts Payable dated November 18, 1988. Site Observation Report No. 8 from EOS dated November 15, 1988. 1 Letter to Richard Gavert dated November 21, 1988. 1 l Minnesota Departmentof: Community Development Division Trade and Economic Development; _ 900 American Center • 150 East Kellogg Boulevard St. Paul, MN 55101-1421 November 15, 1988 612/296-5005 Fax: 612/296-1290 State File No. M-2579 The Honorable Tom Hamilton, Mayor City of Chanhassen or 690 Coulter Drive Chanhassen, MN 55317 ' RE: $1,000,000 IDB Issue - Lyman Lumber Company Dear Mayor Hamilton: : ' The Department of Trade and Economic Development has examined the application and exhibits submitted by you relating to the proposal to offer revenue bonds as authorized by the Municipal Industrial Development Act, Chapter 291, Sec. 153 ' through 166, Minn. Session Laws of 1987, to be codified as Minn. Stats. Sections 469.152 through 469.165. Based upon the information you submitted, approval of the project is hereby granted by the Department of Trade and Economic Development. Such approval shall not be deemed to be an approval by the Department or the State of Minnesota regarding the feasibility of the project or the terms of the revenue ' agreement to be executed or the bonds to be issued therefore, nor whether the project falls within regulations of Federal Law. This approval does not in any way constitute an approval of an allocation in excess of an entitlement award pursuant to Minn. Laws 1987, ch. 268. art. 16. Accordingly, it may be necessary for the issuer to seek an allocation under Minn. Laws 1987, ch. 268, art. 16. Included with this letter is a Project Closing/Notice of Issue report which must be completed and returned to this Department within five (5) days after the obligations are issued. Failure to file this report within the five day period will void the obligations if the obligations are subject to a federal limitation act. 111 ,"� Your cooperation in the timely submission of these reports will be sincerely appreciated. If you have any questions about your project approval , or the reports, please call Richard Nadeau at 612/296-2529. Sincerely, ' Davi Mocol Executive Director Agr cultural and Economic Development Board AEDP.GEN/III181-1 ' Enclosures cc: Jerome P. Gilligan, Dorsey & Whitney An� ual Eq Opportunity Employer (rwis ed 11/a5) 9. • ..,,,t STATE OF MINNESOTA IDEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT . ;_. f• FINANCIAL MANAGEMENT DIVISION • rn APPLICATION FOR APPROVAL OF INDUSTRIAL DEVELOPMENT BOND PROJECT PURSUANT TO CHAPTER 474 I (please submit this form in duplicate - all supporting data in single copy only) Date: November 8, 1988 The governing body of Chanhassen , County of Carver Minnesota, hereby applies to the Minnesota Department of Energy and Economic Development I (Department) for approval of a proposed Industrial Development Bond issue as required by Minn. Stat. 474.01, subd. 7a. An allocation of issuance authority under Minn. Stat. (1984) 474.16 - 474-24 for this Iproposed issue has X , has not been received from the Department. (if an allocation has been received, please show source: Entitlement , ICompetitive Pool ) We have entered into preliminary discussions with: IFirm: Lyman Lumber Company Attorney: Brenner , Workinger & 300 Morse Avenue Thompson Address: , ... Address: 7900 International Drive I City: Excelsior State: MN 1000 International Plaza City: Minneapolis State: MN Name of Project: Lyman Lumber Company Project I This firm is engaged primarily in (nature of Y � business): Retail sales of lumber products. to contractors.. . .. ... . . .. I : ;. The proceeds from the sale of the Industrial Development Bonds will be used to (describe the project): , Construction and equipping, on an ,approximately 30,240 square foot. addition to the existing ,facility. of Lyman Lumber Company in the City. IAddress of Project: 18800 West 78th Street Chanhassen, Minnesota I Proceeds from the sale of the bonds of approximately $.1,.0.00,,.QQQ , will be applied toward payment of costs now estimated as follows: I Acquisition of land: $ _0_ New construction and Demolition and site preparation: 655 , 000 I Acquisition and Installation of Equipment: 100, 000 Fees: Architectural, engineering, inspection, fiscal, legal, administration, or printing: 50, 000 I Construction Interest: 95, 000 Initial Bond Reserve: 100, 000 Contingencies: nth,- • I � : It is presently estimated that construction will begin on or about August 23 I 19 88 , and will be complete on or about November 23 19 88 . . there will be approximately 5 new jobs created by the When completed, of approximately S 85, 000 Y project at an annual payroll based upon currently prevailing wages. (If applicable) There are 65 existing jobs provided by business. I (If applicable) There will be , 25 jobs created by construction of hours 9, 600 . Average wage level S24 .00/hr . of the project. Number _ IThe following exhibits are furnished with this application and are incorporated herein b reference: by I1. An opinion of bond counsel that proposal constitutes a project under Minn. Stat 474.02 and Minn. Stat. (1984) 474.23. I2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. 474.02, subd. lf, would not be undertaken but for thc availability of Industrial IDevelopment Bond financing. 3. A comprehensive statement by the municipality indicating how the project satisfies the public or purpose and policies of Minn. Stat. ch. 474. I4. A letter of intent to purchase the bond issue or a letter confirming thc feasibility of the project from a financial standpoint. IA statement signed by the principal representative of the issuing authority effect that upon entering into the revenue agreement, the information required tby I Minn. Stat. 474.01, Subd. 8 will be submitted to the Department (not applicable to project under Minn. Stat. 474.02, subd. If). 6. A statement signed by the principal representative of the issuing authority that the I project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. I7. A statement signed by a representative of the issuing authority that a public hearing was conducted pursuant to Minn. Stat. 474.01, Subd. 7b. The statement shall include I the date, time and place of the meeting and certify that a draft copy of this application with all attachments was available for public inspection and that all interested parties were afforded an opportunity to express their views. 1,_,,a8. Copies of notice(s) as published which indicate the date(s) of publication and the newspaper(s) in which the notice(s) were published. 9. Provide a plan for compliance of employment preference of economically disadvantaged or unemployed individuals. (See Minn. Stat. 474.01, Subd. 11.) We, the undersigned, are duly elected representatives of i . , - Minnesota and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. I Signed by: (Principal Officers or Representatives of Issuing Authority; type or official's name on the line to the left of the signature line. Thank you.)of ITom Hamilton Mayor/chair Signature ..., Don Ashworth /.., / ITitle: City Manager Signature d10,07„. • This approval shall not be deemed to be an approval by the Department or the State of the ' feasibility of the project or the terms of the revenue agreement to be executed or the bonds to be issued therefor. Authorized igna "re,-Minnesota Department of Date of Approval Energy an, Economic oevelopment Please return to: Minnesota Department of Energy and Economic Development ' Financial Management Division 900 American Center Building 150 East Kellogg Blvd. St. Paul, Minnesota 55101 1 1 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 15 , 1988 Minnesota Commissioner of Highways 1 Attn: Mr. Joel Katz, Highway Engineer District 5 5801 Duluth Street Golden Valley, MN 55422 Dear Mr. Katz: 1 Every municipality routinely receives petitions requesting that the speed limit be reduced within their area below the 30 miles per hour speed limit. We realize that the vast majority of these requests are a result of inadequate signage or enforcement ' problems within those areas. Occasionally a request is received which is reasonable due to the physical characteristics or restrictions along the roadway alignment that force traffic to 1 travel at speeds less than 30 miles per hour. The City Council believes that this area of the Near Mountain Subdivision is such an area that would meet the requirements to reduce the speed limit to 25 miles per hour below the 30 miles per hour speed limit which exists at present. I have included a resolution and map of the areas to be studied. 1 Your attention to this matter is greatly appreciated. If you have any questions or need further information, please do not ' hesitate to call. Sincerely, 1 -� Larry Brown 1 Staff Engineer LB:ktm 1 cc: Don Ashworth, City Manager Gary Warren, City Engineer Jim Wehrle, Near Mountain Homeowners Association )City Council Administrative Packet (11/28/88 ) Attachments: 1 . Resolution No. 88-116 . 2 . Map. 1 r1eyC -N LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L.GRANNIS 1874-1961 PROFESSIONAL.ASSOCIATION TEI.ECOPIER. DAVID L. GRANNIS.JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359 VANrI' 14 (il+At•INiy 404Nr+1tvuus RANK; BIM IIN( rtt.IC17TB KNF't'S('!! C`tu11Alt I MAI HI VII(I' It (11LA{1I11'+, (Ii It+i l lnu 111 + ++I It uN1+ Vv+11A11tA' I tAUr1111 1 1111111 I'n Nut!; A I'nluu 11 I)Avttl I (;I1ANNIS, III !,t 11 111 St I'Ahii tit U4raliA MI/1 1111111,11 Pd I•;rnrrv+rrl Ilurlunn u.l ') 1'+1 trod ' I)Avttf I IlAII ,h\'It+ N►tvt,Mht,I I i , I9148 I Mr. '1'od(1 Gerhardt Chanhassen City (Ball 6{)0 ('(III I I er I)r I v(', Itox 14 / ('.II1Inll;l:tn(`It, P4 I IIII('tI I jI Y) 117 ' RE: Scott Nieske - Scott' s Automotive Repair Unlawful Detainer Dear Todd: Enclosed for your information please find copy of Findings of Pact, Conclusions of Law, and Judgment which was entered and filed on November 9, 1988. ' Very truly yours, GRANNIS, GRANNIS, FARRELL ' & KNUTSON, P.A. 13Y: ' Timothy J. Berg TJB:srn Enclosure ' cc: . Don Ashworth 1 NOV 15 1988 (.1 I Y OF CHANHASSEN 1 'Timothy J. 11orq COUNTY OP c,nt,vEi, I . Attorney nt Law 208 Krestwood Drive . Burnsville, MN 55337 Clerk' s Notice of F11ittr . Entry or Docketing city or Chonh.uinnn . 690 Coulter Drive 1'0 Box 147 I Chanhassen MN 55317 • Scott Nieske d/b/a Scott's Automotive Repair I .510 West 78th Street • Chanhassen, MN 55317 IIn Re: City of Chanhassen vs. Nieske d/b/a Scott's File No. 88-24455 Automotive Repair IFor the above entitled matter, you are notified that on November 9, 1988 , a Ix Findings of Fact, Conclusions of Law and Judgment in Unlawful Detainer Order IJudgment • iOther „' . ' was duly Nov p 9 19813 x Filed 1 t.:T ' I , ,t Entered IDocketed in the amount of $ •I Dated: November 9, 1988 Copies attached Joyce A. VanEyll Court Administrator By' \(11._.k l.c j- Deputy Court Administration Carver County Courthouc, I 600 East 4th Otreet Chaska, MN 55318 • Direct Dialing (612 ) . 448-1201 Civil Division 1418-1202 Traffic Divi:;ir f.n.�n,7 COnrni,,nn,A hit pw'.nl In IlnInwl„1 naming, ' I $3 S 5RRn State r of Minnesota court nrs•rlrrcr I I .:.unri Judicial Onl,lel • Lasts Nu cnlzvrlt Pt ItsT 88-24455 i ICITY OF CHANEIASSEN, a Minnesota Imunicipal corporation FINDINGS OF FACT • Plaintiff CONCLUSIONS OF LAW, Scott N,t'eske, d/b/a Scott 's AND JUDGMENT IN UNLAWFUL DETAINER I Automotive Repair Defendant This case was heard by the Court on November 9 , , 19 88 • Plaintiff: Defendant: ❑ did not appear and case Is dismissed. ❑ did not appear and Is in default. ❑ appeared. not represented by counsel. .®'appeared, not represented by counsel. appeared with Timothy J. Berri as counsel. ❑ appeared with as counsel THE COURT FINDS THAT: ❑ 1. The defendant has failed and refuses to pay rent for the monthts► of October, 1988 In the amount of 3 450,00 ,per month payable on the lot day of each month for a total due I of II 450. 00 t$ 2. The defendant has felled to vacate the property after notice to do so. • I ❑ '3, The defendant has broken the terms of the rental agreement,and the defendant has failed to vacate the property . after notice to do so. ❑ 4. The plaintiff has failed to prove the allegations In the complaint. 1 DI3rh 1. (:)Or I Nov o s 1988 C°�`•`:'.Crl LLl u1JTY 1 CONCLUSIONS: iiilVCe !>, I/ �E , 17 1. Plaintiff is entitled to restitution of the premises as described in the complaints 1Rr hlfSTRATnu 1 ❑ 2. Plaintiff is not entitled to restitution of the premises and the defendant is entitled to judgment. j The Plaintiff- Dridli altft is entitled to costs and disbursements incurred in this proceeding. In the sum of I * 140.4,l�-r7(_ • /eve w>r e�� TO /3 F P-. . iPr•.ir O Z1 S4• v i�-P 6C-7 0,..-1 al-7'j /9J75' THE WRIT OF RESTITUTION: 1 Er is stayed until tid v 2 / • 19 9.p W may be Issued immediately. THIS 18 THE JUDGMENT OF 111E count :; 4- p Judy I DATED:, /r/ 1 ? ' . , 19.11/ ' I LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: I DAVID L. GRANNIS, R.- 1910-1980 (612)455-2359 J POST OFFICE BOX 57 VANCE B. GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B. KNETSCH VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE MICHAEL J.MAYER PATRICK A.FARRELL TIMOTHY J. BERG I DAVID L. GRANNIS,III SOUTH ST PAUL, MINNESOTA 55075 ROGER N. KNUTSON TELEPHONE(612)455-1661 DAVID L. HARMEYER INovember 10 , 1988 I Mr. Don Ashworth I City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 IRe : City of Chanhassen - Acquisition of Kallestad Property Dear Don: 1 Enclosed for your review is a copy of a letter I received from Mr. Kallestad' s attorney. IVery truly yours , GRANNIS , GRANNIS , FARRELL I & KNUTS ' j` / ;9 ' /../Z /6/ Patrick A. Farrell I vl i Enc . I I I I NOV 14 198 8 CITY.OF CHANhASSEN I MELCHERT, HUBERT, S30UIN & WILLEMSSEN PAUL A.MELCHERT ATTORNEYS AT LAW WACONIA OFFICE LUKE MELCHERT 112 SECOND STREET WEST P.O. BOX 67 442-5155 DAVID P HUBERT WATERTOWN OFFICE KEITH E.SJODIN CHASKA, MINNESOTA 55318 MAC R.WILLEMSSEN WEONESOAY ONLY R.LAWRENCE HARRIS (612)448-3121 955-1404 November 9, 1988 NORWOODOFFICE TIMOTHY J.LOOBY 467-2976 I ' Pat Farrell Attorney at Law P. 0. Box 57 ' 403 Norwest Bank Building 161 North Concord Exchange South St. Paul , Minnesota 55075 Re: City of Chanhassen v s. K a llstad Dear Pat: This is to confirm our telephone conversation of Tuesday, November 1, 1988, and confirming the fact that Kallstad Enterprises, Inc. negotiating the City of • Chanhassen check in the amount of $22,500.00, which represented partial payment of the Commissioners' award, is neither an acception nor rejection of the total - IIamount that is to be paid pursuant to Minnesota Statutes. Also I have as of November 2, 1988, spoken with Don Ashworth who indicated to me that he was going to make some kind of an offer to Donny for a total amount of $350,000 for the amount taken by the City and the remaining property. In my discussions with Don, this is way too low and far below the market price. Unless the City is willing to be realistic about the market price if they want to buy ' all of Don's property we may as well get this thing to trial as soon as possible. Right after the Condemnation Commissioners' award you had indicated to me that you wanted to set this thing on for trial as soon as possible and make sure ' it got done in 1988. I cannot agree more and would hope that you could give me some dates where we could get a date certain and find a judge to try this matter. Very trul -cur , Lwe glc LM/dad I I JIM RAMSTAD Senator 45th District 2618 Crosby Road Wayzata, Minnesota 55391 (612) 475-3365 Office: 123 Saint t Paul,Office Minnesota i55 Senate Saint Paul, Mesot 55155 ' (612) 296-9251 November 14, 1988 State of Minnesota Jim Chaffee Chanhassen Public Safety 690 Coulter Drive Chanhassen, Minnesota 55317 Dear Jim: Thank you for your interest in my Anti-Crime legislation. I appreciated the opportunity to meet with your group about the serious in- crease in crime in the metropolitan area and my proposal for a major overhaul of Minnesota's criminal code. This plan has drawn substantial support from individual citizens. I've received over 200 letters and hundreds of phone calls in support. I've enclosed an editorial which has been published in more than two dozen area suburban newspapers. In addition, I have been looking into other ways to deal with crime. One of the most important is to address the problem of chemical dependency, in which so much crime has its roots. Recently, I was invited to testify before U.S. Surgeon General C. Everett Koop and U.S. Senator David Durenberger on this problem. I've enclosed a copy of my testimony at the request of a number of people who asked me to share it. Those of us who are concerned about 6rugs, drug-related crime and the over- all increase in violent crimes in our area must make our voices heard now ' if we are going to have an effect on the 1989 Legislative Session. We must start working immediately to let the legislature know how serious we are. Please write your legislators and the Governor and tell them you support ' the Ramstad Anti-Crime Bill. Thanks again for your concern and assistance with this important legislative ' effort. cerely, J it TAD State Senator 0 s 1988 ' JR:ve COMMITTEES • Education • Employment • Finance • Judiciary CITY OF CHANHASSEN SERVING: Golden Valley, Medicine Lake, Minnetonka, Plymouth, Wayzata I ----Commentary r I •. Ramstad seeks tougher penalty for violent crime IBy State Senator Jim Ramstad Ill This was no ordinary summer •Under the present sentencing (3 in the Twin Cities. guidelines, there isn't even a _ We put up with many requirement for convicted drug conveniences and a large in�pr son.sThatame ns time many amount of discomfort during the defendants found guilty of sell- r- winter to enjoy our area's ing drugs like heroin, cocaine -- special qualities during the and "crack" receive probation summer. or other lenient sentences. e But I,m not referring to the .Minnesota's corrections bud- drought and heat which get is one of the lowest in the na- diminished the Summer of 1988. lion.In fact,we rank 49th out of 3 We couldn't control that. the 50 states in incarcerating What,made the Summer of criminals and dead last in lock- 1988 truly intolerable for many inguprapists! / 11113 of us were the brutal crimes A resident of my district, a which occurred so frequently,so 65-year-old woman from Golden shockingly. Valley, was savagely raped And the fear those events recently by an assailant the generated resulted directly from police found hiding under a mat- ,P g Y tress in the woman's home.The 1 i the circumstances under which assailant was almost im- ' they occurred.uows d our These ense mediately back on the street, imum sentence is 11 years and, devastating free on$25,000 bail. on the avers such ra fists are of security happened during the sentenced to oa nl 43 months.) routine tasks of everyday life in That kind of casual approach Y Minnesota: parking the car by our criminal justice system is .Add time to sentences for of- downtown; g ing in a a job inter- at the real problem behind Mm- fenders who reject or fail view;' _ the office on the weekend; nesota's shockingly fast-climb- treatment and for repeat of- . shopping at the grocery store in mg crime rates—and the extra fenders. theheart ofEdina. glances we take over our shoulders. •Make rapists submit to AIDS - Unlike the Drought of'88,the What if the rapist had AIDS? testing. 1 violence which has enveloped us is subject to some control. •Construct another maximum In the case of the 65-year-old security state prison and a The cold,hard reality is that victim mentioned earlier, she's secure facility for juveniles in Minnesota is out of step with the been left up in the air,guessing. Hennepin County. rest of the nation when it comes That great grandmother wasn't even entitled to see the defen- •Make available more police I to dealing out punishment to criminals and keeping repeat dant's health records to see if for patrol in the metro area. offenders from duplicating their she might have been exposed to heinous crimes of violence. AIDS. • Require all convicted hard- drug dealers to spend a mini- The facts are: The system,clearly,is geared mum of five years in prison to benefit the criminal and not upon first conviction, with pro- •Murders in Minneapolis are the innocent victim. gessively longer mandatory increasing at a record pace,up sentences for each successive 60 percent. That's why I have proposed a conviction. crime fighting reform plan call- • Rapes in Minnesota are up 49 ing for harsher sentences and Make no mistake about it. II perc ent since 1978. And con- strict confinement of repeat of- These reforms will cost money. victed rapists in Minnesota fenders• I will be introducing a But a recent U.S. Justice De- serve an average term in prison bill during the 1988 Legislature partment study shows it's of only 3.6 years. The most re which will: cheaper to build new prisons cent statistics indicate convicted than it is to pay the price of I rapists in 34 states surveyed by •Abolish the Sentencing repeat crimes. the U.S. Justice Department Guidelines Commission. This spent two-thirds more time in commission has been far too If you agree with the changes ail than convicted rapists did in liberal and lenient with crimi- I have proposed, or have any innesota nals, especially repeat offend- other suggestions or comments, ers. We should return the auth- please give me a call or drop me •The rate of rapes per 100,000 ority for sentencing to the Legis- a note.My telephone number at I ___ people in Minneapolis has sky- lature and Governor the Capitol is 296 9251 and my rocketed to four times the na- address is 123 State Office tional average. That's among •Mandate sentences of life in Building,St.Paul,MN 55155. the highest in the nation! prison without parole for crimi- nals convicted of first-degree With your support,we can win •A study of 27 judicial systems murder. this struggle and once again ex- 111 in the United States showed Pend our energies on making Hennepin County had the lowest e • Greatly increase mandatory Minnesota a great place to live, rate of sentencing rapists to minimum sentences for second- work,raise a family and pursue prison. and third-degree murder. our dreams. •Just-released statistics from •Impose strict post-conviction (EDITOR'S NOTE: Jim the state Bureau of Criminal release tied to mandatory Ramstad is an Independent- Apprehension showed serious treatment for sex and other vio- Republican who represents crimes in Minnesota increased lent offenders. Golden Valley. Plymouth, Med- 6.6 percent from 1986 to 1987. icine Lake and west suburban Murder led the way with a 10 •Demand minimum sentences District 45 in the Minnesota of 20 years for first ee sex- Senate. He is a member of the percent jump and rape increas- -dam ed 7.2 percent. The trend has sentences assault and maximum Senate Education.Employment, continued in 1988. ��� °f Years. (Under Finance and Judiciary Commit- present guidelines, the max- tees.) I 1 I Sunturrent BLOOMINGTON- a:, a Published Weekly By 5 0 ® MINNESOTA Sl1BllRBAN NEWSPAPERS `T 7831 East Bush Lake Rd.,Bloomington,MN 55435 896-4700 Cl) 1 Lee Canning,General Manager N J BOB HUGHES e a 03 Executive Editor 896.4732 CO MARK JOHNSON FRANCES BERNS GREG KLEVEN P. I Editor 8964722 Reporter 896.4731 Sports Editor 696.4724 ,.. o• Display Advertising Circulation A 896dm/8964774 Classified Advertising . �� 831.1202 N \ IR I A question for I the candidates 21 , Crime is the kind of thing everybody talks about.And there g MP I are actions we can take to fight crime:join Neighborhood Z Watch,report suspicious activities and so forth. m Generally,we can support police programs. A' till Police officers,prosecutors and the public are angered by 0 0 co hearing of murders,rapes and robberies committed while the c I perpetrator is out on bail,on parole or just on the loose 'Q c because of failure to convict and incarcerate. z A suburban legislator,Sen.Jim Ramstad,who represents an Z Z s area from Golden Valley to Wayzata,has researched the Z situation and come up with a couple of actions to address this -I intolerable situation. 2 64 g imi First he makes these assertions: Z •Murders in Minneapolis are rising fast,much of the rise having to do with an expanding,highly.organized drug traffic; a • Ell Rapes in Minnesota have increased nearly 50 percent in 10 N 1 years,yet convicted rapists in Minnesota serve an average of 3.6 years,among the briefest times in the 50 states; •Rapes per 100,000 people in Minneapolis are four times the national average; •Minnesota is 49th of the 50 states in locking up criminals and 0 . 50th in jailing rapists. I Ramstad assigns the blame for Minnesota's leniency to two factors.He says the sentencing guidelines are too weak.And he says our prisons are full beyond capacity and the result is 21 an unspoken agreement among judges to limit the number of convicted felons sent to prison because other inmates will have Pik I to be released,perhaps regardless of their danger to society. Ramstad wants tougher,mandatory sentences for crimes of violence.He wants to build another maximum security prison. Ramstad wants to get a hearing for a bill he proposes in the Minnesota Senate.He is a Republican,and the Senate is I controlled by Democrats,so the decision to get public input on his ideas is not his. There seems little doubt that violent crimes are becoming more common in our metropolitan area.It seems clear that those who rape women in parking ramps and shoot people in the course of drug deals or armed robberies are not likely to C>7 stop with tine victim. Z The question then, is what to do about violent crime. p The person to ask is the legislator who seeks our votes. Does he/she recognize the rise in violent crime? Does N he/she have a concrete proposal for getting convicted rapists, (.0 I murderers and drug dealers off the streets? The problem is not only suburban.The problem is much worse in urban areas.The people in greatest danger of violent crime live in some of the poorest city neighborhoods. What does your candidate for the Minnesota House of IRepresentatives propose to do about it? I Jj - .. Am sT . -,,,A,,.. :,:-.;'2:4-r, .;_f'''i 0 T f „ IFROM STATE SENATOR �./' : JIM RAMSTAD - 1 District 45 i ~ ' 123 State Office Building • St.Paul, Minnesota 55155 • 296-9251 RAMSTAD TESTIFIES ON DRUG PROBLEM AND DRUG-RELATED CRIME BEFORE SURGEON GENERAL C. EVERETT KOOP . (State Senator Jim Ramstad presented the following testimony before the Alcohol/Chemical Dependency Forum hosted by U.S. Senator Dave Durenberger and U.S. Surgeon General C. Everett Koop on Tuesday, October 4, at St. Thomas College in St. Paul.) Dr. Koop, Senator Durenberger and other distinguished participants in this forum on the drug problem: II I'm pleased that you asked me to testify here today based on my leader- ship and experience with chemical dependency issues in Minnesota. . First and foremost, I appear before you today as a grateful recovering alcoholic. I'm sober today because of the grace of God, the Minnesota model of alcoholism treatment and the fellowship of Alcoholics Anonymous. I'm presently serving my third term in the Minnesota State Senate, and II am a member of the Senate Judiciary Committee, where I've been deeply involved in public policy issues of chemical dependency and abuse. In 1986, I co-authored the law that consolidated state chemical dependency treatment funds to provide more cost-effective care for indigent patients. IIIn addition, I've served the past seven years as a member of the Wayzata-Plymouth Area Chemical Health Commission, which deals with prevention and education of alcohol and other drug-abuse problems in II our community. My experience in this area also includes membership on the Governor's Task Force on Criminal Justice Policy, the policy body in Minnesota charged with oversight and implementation of the Anti-Drug Abuse Act of 1986. I'm also a card-carrying member of Mothers Against Drunk Driving and Straight Friends of America, Ltd. The point I would most like to make this morning is that drug dealers II must be dealt with more severely by our criminal justice system. We're witnessing a rapid escalation of illegal and frequently violent criminal activity centered around the sale and distribution of crack and other drugs in the Twin Cities metropolitan area. Unfortunately, under Minnesota's Sentencing Guidelines, convicted drug dealers are not required to spend any time in prison. Many convicted drug dealers found guilty of selling heroin, cocaine and crack receive - probation or other lenient sentences. I have recently proposed a major overhaul of Minnesota's criminal code and will be introducing this II legislation in the 1989 Legislature, including mandatory prison sentences for all convicted dealers of hard drugs. As a suburban legislator who meets regularly with law-enforcement I officials and chemical dependency treatment professionals, I know gang activity and drug distribution activities are not limited to the inner cities. They have now reached into the suburbs. In fact, I recently learned from certain narcotics officers that at I least four crack houses are operating in my suburban district. These gang members, as well as adults involved in illegal drug activity, are well armed. Drug-related killings caused by turf battles appear to be on the increase. Adult criminals from other states have entered the Twin Cities and have organized these juvenile gangs to profit from the lucrative crack .._ -°--�_�.....,.....P..»,..».,,»»aN r n n o ,.,,.........�.T..»m r.....c,,.,,y..,.,,.. (nvnrl II rmarket. Juvenile gang members, according to Deputy Chief Bob Lutz of the Minneapolis Police Department, play a key role in the distribution of crack and other drugs. These gang members, according to police officers assigned to the Gang Squad in Minneapolis, are also heavily involved in burglary, auto theft, robbery and welfare fraud. II Until Minnesota is willing to impose a mandatory prison term for each and every person convicted of selling hard drugs, law enforcement will continue to look to federal authorities to prosecute as many cases as possible, given the jurisdictional limitations. Thus, it's I essential that Congress provide the strong deterrent to drug dealers so badly needed to curb the drug traffic and related crime in our state. We need to get tough with drug dealers like we have with drunk Idrivers! As a Minnesota State Senator, I was a principal author of the provision of Minnesota Law which provides for swift revocation of drunk drivers' II licenses and stiffer penalties for repeat offenders. This law makes it easier for police to arrest drunk drivers and for problem drinkers, who drive, to be identified and placed into treatment programs. In formulating and implementing national drug policies I would recommend the following approach: • First, I would emphasize the importance of input from all participants in the chemical dependency process--persons suffering II from the disease of chemical addiction, their families and other co-dependents, providers, educators, law-enforcement personnel, and others in government agencies, as well as the private sector. • Second, access for chemically-dependent individuals to private II and public treatment providers is absolutely essential. Federal policy should require that third-party providers meet the needs of those covered by health insurance, while providing a safety net for treatment.the uninsured. Minnesota was the first state to require group insurance policies to provide for alcoholism and drug dependency I • In addition to making chemical dependency treatment available to those suffering the rages of alcoholism and other drug addiction, II federal policy should make drug users and dealers strictly accountable. Tough sanctions are clearly warranted, including strong civil and criminal penalties for causal, recreational drug users. II • Congress should authorize funds for law-enforcement assistance grants to state and local governments, as well as provide additional funding for prisons. As a prerequisite for federal funds, I believe the states should be required to enact laws suspending drivers' licenses for those convicted of drug offenses. II plan to introduce such legislation in Minnesota when the Legislature re-convenes. Also, I support withholding of highway funds from states that do not randomly test recipients of drivers' licenses for drug use and alcohol abuse on the highways. II — -- • I believe Congress should require a drug-free work place as a precondition to receiving federal grants, increase the role of the military in interdiction and require mandatory testing of safety- sensitive transportation personnel of aircrafts, railroads and Icommercial motor vehicles. Thank you again for the opportunity to testify before you on the deadly drug problem. Working together at the federal and state levels, I II believe we can make a difference in fighting the No. 1 problem facing the people of our great Country. /A L- gei7CU'� ' DATE: November 11. 1988 TO: SW Corridor Transportation Coalition FROM: Dick Feerick SUBJECT: Coalition Meeting " The Greatest Little Highway in the Southwest!" T.H. 212 -Staging 6 Costs Date: Wednesday. November 30. 1988 Time: 7:30 AM Location: MTS Systems Cafeteria [Take Highway 5 to Mitchell Road. South 1/4 mile on Mitchell. turn left at MTS entrance sign.) Wendy Anderson gave an excellent presentation at our last meeting. His political insight. knowledge of the legislative process. and sense of humor will prove invaluable to our efforts to secure design and construction funding for Trunk Highway 212. To be successful, we ' will need a strong presence in Washington. D.C. and be able to continue our bipartisan approach there. ' T.H. 212 project costs have been determined to exceed $100 million. These figures provide for an 8 lane fully urbanized highway through part of Eden Prairie, and four lanes from County Road 4 throughout the remainder of the system. ' Carl Hoffstead, Principal Engineer and Evan Green. Engineer Specialist. Transportation Planning, MnDot District 5 will provide detailed information on all phasing and costs for T.H. 212 at our November 30th meeting. Traffic projections are substantially higher than ' previously anticipated and the consensus is to build the type of facility required for the year 2010 and beyond. ' Official mapping is well underway. Eden Prairie should complete its review and approval by the end of the year and Chaska and Chanhassen will receive preliminary plans from MnDot this month. Each step we take contributes to our progress and the growing realization of the need for this highway system in our state. All in all, it remains very encouraging. ' Thank you. 1 NOV°VI/tip:21i 18 1988 CITY OF CHANHASSEN I4,,,, _zot - C I TY OF cc_ ea_Ga _,44.7..t. II - c : i ,,,1 . 0 IIANHASSEN NA) , r , / . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I �, (612) 937-1900 MEMORANDUM 1 TO: City Staff IIFROM: Scott Harr, Assistant Public Safety Director S DATE: November 16, 1988 IISUBJ: "House Numbers for the Holidays" II This memo is to advise you of a public safety project that involves the entire City -- MAKING SURE THAT ALL HOMES HAVE HOUSE NUMBERS! IIThe following is a list of what is occurring: 1 . The Sailor and- Villager are printing articles encouraging IIresidents to be sure their homes have proper house numbers; 2 . Letters to the Editor have been submitted by me; 1 3 . The following message is being printed on upcoming utility billings: II GIVE THE GIFT OF SAFETY TO YOUR FAMILY THIS HOLIDAY -- HOUSE NUMBERS! ! ! Contrasting colors, at least 3 inches tall, will help emergency vehicles quickly locate your ' home! Eventually, we will be issuing warnings to residents that do not II have house numbers on their homes. I am sure that everyone will voluntarily comply once they understand the law, and the reason for the law. II You can help by spreading the word on our desire to have everyone get proper numbers on their homes, and in helping us locate homes that do not have numbers ( I will advise you when we will be IIasking us to help with this phase) . THANK YOU FOR YOUR SUPPORT ON THIS VERY IMPORTANT PROJECT! ! II II 11 1 CITYOF NBA SSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 16, 1988 1 Councilman Jay Johnson 7496 Saratoga Drive Chanhassen, MN 55317 Re: Oil Drainage at Hanus Building Dear Jay: Thank you for bringing your concerns regarding oil drainage that you observed at the Hanus building to my attention. I have talked with Mr. Mike Shotliff, Carver County Environmentalist, requesting his assistance. I did ask Mr. Shotliff to contact you to verify the location of - the drainage that you observed. I understand that you have talked with Mr. Shotliff . I also understand that Mr. Shotliff has been involved with this building, having issued orders for the contaminated soil to be removed. Mr. Shotliff explained to ' me that the conclusion that the two of you reached was that he would continue to pursue this matter through Carver County. If you have any additional questions, Jay, please feel free to contact me. Again, thank you for bringing this matter to my attention. Sincerel 1 Scott Harr Assistant Public Safety Director SH:k cc: Mr. Mike Shotliff , Carver County Environmentalist Don Ashworth, City Manager Jim Chaffee, Public Safety Director I/ CITY OF \\1:4114,:)4\. C • 11 A S SEX 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: City Staff FROM: Scott Harr, Asst. Public Safety Director`? DATE: November 15, 1988 rSUBJ: CSO Hours/Public Safety Call Numbers For your information, following are the numbers Public Safety Staff will be using on the City radio: I Mark Littfin #765 Deb Rand #760 Bob Zydowsky #761 Following are the hours our Community Service Officers will generally be working: ' Deb Rand Monday - Friday - 9 : 00 a.m. - 3 : 00 p.m. Bob Zydowsky Sunday and Monday off Tuesday through Friday 3 : 00 p.m. - 9 :00 p.m. Saturday 8 : 30 a.m. - 2 : 30 p.m. I I I 1 I Ai - Chaska II November 15, 1988 11 I Mr. Todd Gerhardt, Administrative Assistant City of Chanhassen P.U. Box 1476 Chanhassen, MN 55317 r Dear Todd: 1 I have enjoyed working with you over the past year and look forward to working with you on some really excit- ing new projects for 1989. The main focus for the coming year will be quality - programming. We have been successful in videotaping the School District 112 activities and now would like to concentrate more on improving the quality of produc- tions. We will be adding a "leader" to every program telling which event to stay tuned for, such as, a sports leader. Also, the games will be videotaped with the two camera system and an announcer. This should make the programs look much more professional . Please let me know if you have ideas for programming. I appreciate your support as I have enclosed a bill for $4,000.00. Thank you and happy holidays. Sincerely, if4°11■141.4a111>--- Shelley Hawkos Cable Access Coordinator SH:jai _. Enclosure NOV 16 1988 t;11 Y OF CHANHASSEN City Of Chaska Minnesota One City Hall Plaza 55318-1962 Phone 612/448-2851 CITY OF \ �r CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN MINNESOTA 55317 i.� (612) 937-1900 MEMORANDUM TO: Don Ashworth , City Manager ' FROM: Gary Warren, City Engineer DATE: November 21 , 1988 SUBJ: Blue Lake Treatment Plant Expansion File No. PW174 You will be happy to hear that the Metropolitan Council Systems Committee charged with reviewing the proposed phased expansion of ' the Blue Lake Wastewater Treatment Plant has reversed their earlier recommendation and now are recommending that the Metropolitan Council include an expansion increment for the Blue Lake Treatment Plant to its full design capacity of 32 mgd. This recommendation will be considered by the Metropolitan Council on December 1 , 1988 and is expected to be adopted without change. I - will keep you advised if there is any departure from this scenario. cc: City Council Administrative Packet (11/28/88) I 1 I 1 I 11 CITYOF LS, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 21, 1988 1 Minnesota Dept. of Transportation District 5 Attn: Mr. Carl Hoffstedt District Transportation Planning Engineer 2055 North Lilac Drive Golden Valley, MN 55422 tRe: Trunk Highway 5 Environmental Assessment Comments S.P. 1002-44 and S.P.- 2701-28 Our File No. PW173 Dear Mr. Hoffstedt: ' The Chanhassen City Council at its November 14 , 1988 meeting, considered the September 19, 1988 Environmental Assessment for Trunk Highway 5 . At that meeting, the City Council passed Resolution No. 88-124 in support of the Environmental Assessment noting the following concerns and/or deficiencies: 1 . Pedestrian Crossings - Even under the current scenario, pedestrian movements across Highway 5 are difficult. With the proposed expanded roadway and residential development which is occurring in this area from subdivisions such as Chanhassen Estates, Hidden Valley, Lake Susan Hills West, Chanhassen Hills and the Chanhassen Lakes Business Park area, the City is concerned that provisions be made for safe and ' reasonable pedestrian crossing along the expanded Trunk Highway 5 alignment. The intersections of Trunk Highway 5 with Dakota Avenue, Great Plains Boulevard (T.H. 101) , new Market Boulevard, County Road 17 (Powers Boulevard) and Lake Ann Park warrant specific attention (see enclosed map) . 2 . Construction Noise - As noted in the EA, the Minnesota Standard Specifications for Highway Construction, Section 7 , Subsection 1701 , will be enforced concerning the observance of local laws . As you may or may not be aware, the City of Chanhassen does not have a local noise ordinance; however, as a minimum we believe that the construction specifications should restrict contract work hours to reasonable workday periods such as 7 :00 a.m. to 6 :00 p.m. , weekends and holidays ' excepted. The City realizes that there may be special construction situations which may necessitate working hours outside of the above; however, the City hopes that this would be on an exception basis. I I Mr. Carl Hoffstedt November 21, 1988 Page 2 I 3 . Vegetation - As delineated in g the vegetation inventory, there II are remnants of the "Big Woods" adjacent to the alignment. The mature species of these hardwoods should be protected as much as possible and provisions should be made for replacing vegetation of this importance on an equivalent "per-caliper" Ibasis . 4 . Wetlands - The City of Chanhassen will require that a wetland I alteration permit be obtained prior to any construction in any wetlands. With the exceptions noted above, the City supports the I Environmental Assessment prepared for the Trunk Highway 5 improvements. The City continues to be interested in seeing this project move forward as expeditiously as possible. IThank you for your consideration of these comments. If you have any questions, please call . ISincerely, CITY OF CHANHASSEN I /� W 0.........,--Th I Gar arren, P.E. Cit • - neer GGW:ktm IAttachment: Map. Icc : City Council Administrative Packet (11/28/88 ) I 1 I I 1 I • Hoisington Group Inc. 0.cJf - i Land Use Consultants ' ROSEMOUNT ENGINEERING APPROVALS/CONSTRUCTION SCHEDULE November 11, 1988 City of Chanhassen C. APPROVALS PHASE ' OCT 17 PUBLICATION OF EAW IN MONITOR OCT 17 - NOV 16 EAW COMMENT PERIOD OCT 20 PUBLISH PC PUBLIC HEARINGS NOTICE OCT 21 APPLY FOR WATERSHED DISTRICT PERMIT (GRADING&EROSION CONTROL) 1 OCT 24 CC PUBLIC HEARING ON PRELIMINARY/FINAL PLAT & STREET VACATION ' OCT 25 COMMENCE PREPARATION OF DEV CONTRACT ' (CITY) OCT 26 CLOSING DATE FOR BOND SALE/BOND ' PROCEEDS AVAILABLE PENDING AGREEMENT OCT 27 HRA PUBLIC HEARING ON SALE OF PROPERTY ' NOV 2 WATERSHED DISTRICT MEETING NOV 2 PC REVIEW OF WETLAND ALT PERMIT & SITE PLAN NOV 7 CC SALE OF IMPROVEMENT BONDS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOV 14 GRADING AND FOUNDATION PERMIT APPS 7300 Metro Blvd. Suite 525 Edina, MN 55435 NOV 1 1988 (612)835-9960 CITY.OF CHANHASSEN I ; INOV 14 CC MEETING ON: I - REVIEW OF LAKE DRIVE DRAFT FEASIBILITY STUDY - SET 429 PUBLIC HEARING DATE I NOV 18 PREPARE 429 HEARING NOTICE I NOV 22 PARK&REC COMMISSION RE:PARK RESTRICTIONS I NOV 23 PUBLIC HEARING NOTICE TO NEWSPAPER (LAKE DRIVE) INOV 24 PUBLICATION OF 429 HEARING NOTICE I NOV 28 CC MEETING ON: - NEGATIVE DECLARATION ON EAW - WETLAND ALTERATION I - SITE PLAN REVIEW - GRADING/FOUNDATION PERMIT I - APPROVAL OF TIF DEV CONTRACT - ACCEPTANCE OF FINAL LAKE DRIVE FEASIBILITY STUDY 1 DEC 1 HRA APPROVAL OF TIF DEV CONTRACT I DEC 1 MAIL LAKE DR. PUBLIC HEARING NOTICES IDEC 2 SIMULTANEOUS CLOSINGS ON PROPERTY DEC 2 GROUND BREAKING/COMMENCE SITE GRADING I DEC 12 CC 429 PUBLIC HEARING/AUTHORIZE CONSTRUCTION DOCUMENTS I D. DESIGN/APPLICATION/CONSTRUCTION PHASE I NOV 2 - DEC 2 ROSEMOUNT CONSTRUCTION DOCUMENTS , I PREPARATION(DEVELOPER)/ONGOING REVIEW BY ROSEMOUNT I I a I DEC 3 - 19 CITY BUILDING DEPARTMENT REVIEW OF I CONSTRUCTION DOCUMENTS/PERMIT ISSUANCE 1 DEC 13 - FEB 13 DESIGN LAKE DRIVE EAST(CITY) DEC 20 - MAY 1990 ROSEMOUNT CONSTRUCTION IFEB 13, 1989 CC APPROVAL OF LAKE DRIVE EAST PLANS I & SPECS/AUTHORIZES TAKING BIDS MAR 13 CC AWARDS LAKE DRIVE EAST PROJECT IMAR 27 - SEP 1989 LAKE DRIVE EAST CONSTRUCTION IAPR 1990 OCCUPANCY OF ROSEMOUNT BUILDING I I I I I I I I I I Tr 71, . J.NICHOLAS RUEHL,AIA BERTIL E.HAGLUND,AIA ' SITE MEETING MINUTES PROJECT: Chanhassen City Hall Addition Chanhassen Fire Station, Addition and Remodeling Chanhassen, Minnesota DATE: November 4, 1988 EOS# 87126 & 87146 THOSE PRESENT: REPRESENTING: Bud Augst Adolfson & Peterson, Inc. ' Jim Chaffee Don Boeser City of Chanhassen O'Brien Sheet Metal Leroy Lewis Adolfson & Peterson Todd Olson Northland Mechanical Ken Mosloski Northland Mechanical Ted Miller Northland Mechanical Jack Anderson EOS Corporation A. The following minutes reflect our understanding of the information discussed at the construction meeting. Please notify us if you have any questions or comments regarding these minutes . 1 . Previous construction meeting minutes were reviewed and ' the following items were noted: a. The structural steel shop drawings are being submitted in an unacceptable fashion. Jack will call Earl and explain the situation. ' b. Method of rerouting the gas service is acceptable. c . Changing Room 217 plumbing design is acceptable. d. Proposal should be submitted for changing from a 36 " to a 48" depth sump at the Fire Station. Existing drain tile lines should be installed into ' the new sump. e. Proposal request for changes of the mechanical documents are attached. r __ • NOV 1 4 1988 ' CITY OF CHANHASSEZI EOS CORPORATION 470 Water Street, Excelsior, MN 55331 (612) 474-3291 II °,.,� ` :*'�`,k„ .�� -�Afr - ;,.,'§Ct<=VT-1,74VEI. '� ur`rSrrtZMNAZTAT,Is 4�:.��"m`��,''�?scx�K; k p A ¢¢ �; �6a f k-' - 1 d t o f 4 II2 . Regarding construction schedule and project items the following is noted: IIa. Fire Station; 1 ( 1) . Rerouting of gas line will take place next Tuesday. (2) . Backfilling Should be completed by next II week. (3) . Northland Mechanical has encountered I additional areas of asbestos wrapped piping, the owner will take care of having these areas removed. 1 (4) . A temporary gas line will be installed. (5) . Project is still on schedule for being Ienclosed by Christmas . b. City Hall: 1 ( 1) . Backfilling will continue so scaffolding can be placed next week. I (2) . The project is still on schedule for being enclosed by Christmas . I ( 3) . Some repiping was necessary when the meter was moved by the Utility Company. A change order will be forthcoming. 1 B. The following items pertain to site visitation of November 10: I1. Fire Station: a. Face brick is being laid up on the west elevation, I the Contractor was instructed to remove mortar from the cavity. b. Backfilling of the foundation walls is continuing. Ic. Concrete block has been brought up to the joist bearing elevation on the north wall . 1 II t 1 , $ d. Mortar sand is being heated. ' e. Planter footings have been poured. f. Wall joints were reviewed by Jack and Bud. ' g. Facebrick has been delivered to the site. 2 . City Hall: a. Backfilling is continuing on the north end of the building. ' C. The following items pertain to a meeting between the Owner and Architect subsequent to the construction meeting: ' 1. Fire Station: a. The Architect should send out a proposal request to include painting of the apparatus bays and concrete columns . b. The exterior sign should have an enclosed cabinet and should allow for different sized letter messages . c . The Architect will be meeting with ASI signage later this afternoon. ' d. The owner should verify that the spa is U.L. rated. ' e. If budget permits the owner would like wainscotting at the lounge and corridor. f . The north service door should have a sidewalk ' connection to the driveway. Jack will send this out as a proposal request. I I • : E Pr trIT ITC"''''; 441 4.,,,et 2 . City Hall: ' a. The owner would like the Mechanical Engineer to see if the existing Siamese location on the existing building can be changed to the southeast ' corner of the existing building. b. The owner would also like the Engineer to verify ' if the sprinkling systemsfor both the existing building and the addition can be tied together. PREPARED BY: Jack -n arson AIA JA: ja cc: all participants ' Gary Warren - City of Chanhassen EXE Associates Rudin Structures M: \87126\doc\SM929 I I I I IF EXE ASSOCIATES , INC. � r" 8228 COMMONWEALTH DRIVE EDEN PRAIRIE, MN 55344 Nov. 8 , 1988 Northland Mechanical 2900 Nevada North New Hope, Mn 55427 Re: Chanhassen City Hall--Fire Station Additions. Atten. : Ron or Ken, Subject: Proposed changes to the mechanical documents . ITEM 1 -- WASTE PIPE FROM SCULLERY SINKS (F-12) , FIRE STATION. ' Per telephone discussion, it is permissible to run the 3" underfloor waste from these fixtures , north then east through the new construction, bypassing the new flammable waste trap. This will avoid cutting some existing floor and connecting to existing waste of unknown depth. ITEM 2 -- DRAIN TILE SUMP, LOWER LEVEL FLOOR OF FIRE STATION. Please furnish a cost change (through proper channels ) for increasing the sump depth from 36" to 48" . This is being considered because of the increased depth of the new drain tile as installed. ITEM 3 -- ADD AIR CONDITIONING TO UNIT S-5 , CITY HALL PROJECT. Please furnish a cost change ( through channels) for modifying S-5 and adding two tons of air conditioning. Refer to drawing M-4 and specification section 15840, item 2 . 19 . The specification would change as follows : A. Unit S-5 shall consist of a Pace Model SCF-97A Cooling coil section, flat filter section and mixing damper section, plus a Pace Model SCF-79A fan section. Transition to the smaller fan which is required in order to obtain the necessary static pressure. Fan capacity: 830 cfm at 1 . 25" static pressure . Coil face area = 2 . 5 sq. ft. and ' filter area = 2 . 78 sq. ft. Install accoustical lining in the supply ducts . Filters shall be 2" , 30 % efficient. Increase motor size to 1/2 h.p. and provide adjustable drive sheave. B. New condensing unit: McQuay model EAD-024 with low ambient lockout and expansion valve. Provide refrigeration piping and all power and control wiring . Refrigerant suction piping shall be insulated and 1 minimum 3/4" size. Liquid line shall be minimum 3/8" . Locate the condensing unit on the roof, or near the relocated existing condensing units. 1 ' Pa g e - 1 C. Controls : A manual switch in the room shall activate the control circuit and start the fan. Another switch shall select "A.C. " or "O.A. " Room thermostat shall modulate the mixing dampers when switch is in the "O.A. " position and shall cycle the condensing unit when ' switch is in the "A.C. " position. A low limit ductstat shall override the dampers to prevent supply air temperature from dropping below 50 degrees (adjustable) . Mixing dampers shall close to outside ' air when fan is off and when cooling switch it in the "A.C. " position. D. Cooling coil sizing : Select the cooling coil to match the condensing unit, but base capacity on a 2 degree suction temperature difference between the coil and the condensing unit. II' enneth F. Dowell cc: EOS Architects • 1 I I 1 ' Page - 2 I CITY OF 1 % L, ill `,L ` ,: . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 MEMORANDUM •- IITO: Scott Harr, Asst. Public Safety Director FROM: Deb Rand, Carl Barke, Ron Julkowski, Steve Kirchman and IMark Littfin DATE: November 14, 1988 IISUBJ: "Handling Difficult Situations" - Training Seminar II On Tuesday, November 8 , 1988, the seminar "Handling Difficult Situations" was attended by the following Chanhassen Public Safety Department members : Deb Rand, Carl Barke, Ron Julkowski , Steve Kirchman, Mark Littfin, and Bob Zydowsky. The seminar was facili- II tated by Greta Hartman with Minnesota Department of Employee Relations - training and development. IThe course objectives were as follows : 1 . Identify causes of defensiveness 2 . Develop skills for preventing defensiveness II 3 . Explore options for dealing with anger and frustration 4 . Examine styles for handling conflict II We achieved these objectives through "ice breakers" , various exer- cises, lecture, audiovisual aids , and class discussion. Effective listening and communication skills , coping with anger and conflict, 1 and responses that can block effective communication were course topics. The seminar concluded with a "conflict - management style survey" II with which we categorized our conflict management skills into one of the four areas : 1) aggressive/confrontive, 2 ) assertive/persuasive, 3 ) observant/introspective, and 4) avoiding/reactive. It proved to Ibe a fun and enlightening exercise. The overall feeling of attending members toward the seminar was posi- tive and there seeemed to be something of value gained by each of us . It is our hope that we will draw upon these newly learned skills to effectively handle future "difficult situations" . Icc: Jim Chaffee II _ a♦ i �1 , - ,Ili[1121 '� 2,2,.; ,-.1 " ..,,,;;^g� , _lta municipalities 111 " _ - . du .-i, ,d80 cedar st ,saint Paul, mien 55101 ._; I 4 Li.,k tI civ eve., s (-1-0--J-$4.4,--. -Q 1 1111 M ItA.t. t— B o a r d 1-, A GAL.S A 6-Pi c y Lxlx a. I it 6) 4fICA10•1 Al.S(44-1.94^ . A tettiwc,.',J --ei...) 7 i-itA124.430-1-i ) ' ?..a2I c h:.Q.j mAdi .-Ae-41 - i v --P �r�J- tr�.t . 1 .i ` RD ;-' , ice`' _Jf.9w I y 7 f -, •I ', I, 1,1 ,-, , i;for municipal officials II 140a.2 IRevised: September, 1965 IITHE WARD SYSTEM OF ELECTION OF CITY COUNCILMEN IContents I Page Part I IDiscussion of the Ward System A. What is the Ward System of Election . . . . . . . , . . . 1 I B. Arguments for the Ward System . . . . . 3 C. Arguments Against the Ward System 3 D. Compromise Proposals. . . . . . . . . . . • • . . • . • . 4 IE. Revision of Ward Boundaries . . . . . . . . . . . . . . . 4 Part II IActual Provisions of Minnesota Charters Part III ICouncil Composition and Method of Election in Minnesota Cities IIA. Cities Operating Under Home Rule Charters . . . , . . . . 9 B. Cities Operating Under Special Charters or General Acts . 14 II II II• I 1 TIM WARD SYSTEM OF ELECTION OF CITY COUNCILMEN • ' Part I Discussion of the Ward System A. What is the Ward System of Election - B. Arguments for the Ward System.- C. Arguments Against the Ward System - D. Compromise Proposals - 1 E. Revision of Ward Boundaries - ' A. What is the Ward System of Election? The ward system is a method of election in which the city is divided into dis- tricts, theoretically of equal population. From one to three councilmen are elected by the residents of each of these wards. Residence in the ward is almost invariably required of the candidates. Usually, only one councilman at a time is elected from ' each ward. This means that, when more than one councilman represents each district, the_whole council is only partially renewed at any election, and there is some con- tinuity of experience in the governing body. Continuity may also be secured by electing from half the wards at any one election. Although the ward system was introduced into this country in 1686 by the Dongan Charters granted to Albany an..1 New York City, it attained its greatest vogue ' in the 19th century. At the present time, Americans prefer the method of election at large; about 61% of all municipalities over 5,000 population elect all council members at large. It should be noted, however, that only 44% of the mayor-council ' cities use the at-large system; 22% elect by wards, while 17% combine the two methods. In Minnesota, the at-large and the combination system have been preferred over the ward system during the last fifty years. Of the five new charters adopted since 1960, two provide for at-large elections, one for election by wards and two for a combination. • 1 • • PERCENTAGE--,OP CHARTER V'TIES-US.ING'EACH N'IETHOD:'0F ELECTION _ • S '. . - ,...4. "•s .,- • f ` .� ` �l il1l:Citiey • ,,i First Class'. _ Secon :Cla,�. ti Third... Class • Fourth Class J.922 ''1745 ,l2'h4• 1522} 194U 1964 ,r . •1922' : 1546 •1964 1922' •1946 - 1964-- 1922 1946 1964• No, of F a 'f f ' ,.• r Cities 65` 73 • 92 3.. 3 0 .. 20. 7_. 17 . 55 65 62 At large 35% 39% .407. :-b5 .,% •' ... o _, = �, � :i 2/3 . 331/.x/. 3347. 0 . .501, 50%. 13% •- • -25%•,' r 24Z -' 33% 393/L7 45% 22%•, ,331/3% 33 1/3 7. 33 3/37. 0. 0 •S. 0% 37�/. ' 41% 0: •'37 257. 24 3/L7. 217. Combi.. . - •;- •nation 4p% 1 377. 337. , 0 331 % 33 14% 0. •• 507.. = .407. 57% •37127., - 35% •- 417. 37% 34% ' ..~y'.�.' u ••I • ; • ' :1, • - . . • • • .. . . . •• . ..; ,: • I I = MR • MR I — i 11111 ME • i Ell I — — E - II . : . ---3- IIB. Arguments for the Ward System (1) As -the citizen votes only for candidates in his ward, and in no other, the ballot is shorter and simpler. 2 :' ( ) . The voter is more likely- to have direct, personal knowledge about the II ..':;qualities'.of those who seek to represent him, and 'thereby will make a more intelli- . gent choice. After election, the councilman will keep ih closer touch with his con- stituents:, _ _ , • I (3) 5 Insofar as -:cards' have special interests, these will be represented. Insofar as wards contain distinct social, ethnic, and economic groups, the council - will be a better cross-section of the population. • -. _ F;f4) If a minority. is -concentrated in one geographical phicai area, the ward system .assures it of securing some representation on the council. - - _ 4--- nt__s ainst the Ward System - - '(1) As. a valid answer-to (3) above it might be said that in fact ward 'bound- aries rarely delineate homogeneous areas_. They tend- to be artificial or merely - II traditional lines. Therefore, there is rarely a ward interest or a ward "personality" that would justify separate representation. (2) The last argument listed in favor of ward elections is only one side of the II coin. A voter residing in one ward may find that there is no candidate in his area_ whom he can wholeheartedly support, and that there is a candidate in another ward who would more fully represent his views. The ward system prevents this voter from fully I -' exercising his freedom of choice. . .- One premise of the ward system is that men In fact, this is not completely true. group themselves geographically. I y Other groupings, such as nationality, economic position, and social. class, are equally compelling. -A geographic location cannot be said to comprehend all other loyalties. ,,(3) . Since residence in the ward is an almost universal requirement for candi- dates,- some wards have no tog-notch,aldermanic material. So choice is restricted, and the quality of the council is likely the of ' _(4) . The'system results in;unequal representation Even gerrymandered, natural population shifts soon render the wards lunequal2in numbers. The well-known fact that, once established, ward lines are extremely difficult to change perpetuates the inevitable inequities. A final consideration is that a minority group may completely dominate the council by winning in a majority of the wards. - (5) The chief weakness of the system is that it encourages a spirit of localism. The basis of selection of councilmen tends to be service to the ward, I not to the city. An increase in trading and log-rolling is the result, and the alder- man who returns to his ward with "clean. but empty 'hands" is less likely to be re-elected. Finally, it is only a step from representation of local interests to IIrepresentation of the private interests that dominate the ward.` I .. ' , • . . D. Compromise Proposals - . • I . 's.;• :..- .., %yr a : 3 i:o:'.. t:i.:!. ' s II. i— ::..:1;•:::: .-. — ... . -.. .. The objective of any electoral system in a democracy is -to recencile adequate I minority representation with majority control Neither the ward nor the at-large, systerg,e,ty?'.ures-that:this,rwill: qecur InL:every :election, ,and as a result, neither .. system.,hasc. forced,q-uts.the other,., Some.:cities have sought a%solution by cotabining I . the,•two'Jnethods. Soar eleet,at ilarge, but nominate by wards; 'others elect 'Part of the„.council by wards, and part at large. The latter compromise has •worked reasonably well in small cities because a council of small size, which works with I moredispa.,tch:,,than- a ilarge,, unwieldy.body,•may be preserved, without so expanding, r:the,size oof the.-wards,that close contact between. councilman and constituent is -- -destroyed*. ..:. '. •- ;. ;-:,:, Ilt...-...:- ., -- - ) .. .,-_:.... , . . •, ! II , ..A.c9mpromise,that rejects both:the -traditional- at-large and the ward system is Propbrtional Representation, ,•This. method of preferential voting; -which is tdebigne.d to secure majority control and minority representation, is beyond the scope of this I memo. It was once used in Hopkins, Minnesota but was abandoned after about 10 years use ..i .". ..::f .__ :2 • . ._: _ ... L: . :. -,_. • .4-.1.. • I s. - ,1:. (For those who are interested in this, as well as other aspects of the sake-- ., -.:SAPP,• p.r.ganization,..nd duties 'councils, the following-boeks V.71.11 be of value: -*Anderson .and-Peidners,-Amerinan. Cif Government, Rneier, y Government in the : _ -Unit 8d. States (rev, ed.); Munro, The Government of American, Cities (4th ed.,)'; '.......' I Zink, Government of Cities in the United States.) ,-, - r - ' - - , - , . . . - E. Reirision. of Ward Boundaries :. .,..-...,'-,-i.:-.•., ,,ts?.,t - iq ',_ i'-••: .•::', . ,::::,'.* ..7, . : ,••■ ;•-.4.. r• .. ..,''' '... : . ' '"*.- - ' ---- -!-' -:/' ' ' . •-- , - . ........... . I . Ward lines should be changed periodically to. refl&:t population shifts in order to give equality of representation in city councils. Recent decisions on reappor- tionment tioythe United.States4iupreme Court regarding the "one man - one-vote" con- I :7r „...cei).t.,will have an..effect on,-the_revision of ward bonndaries. The findings in -•,.' :- :-I13• aker .V. Garr j6.9 u ..s. 186 and Reynolds v. Sims, 84 Si Ct. 1363 have 'been inter-; .i. . • P 6' ... preted as applying to local as well as state governing bodies. In '1964, e. Michigan court held that the equal protection clause of the Fourteenth Amendment requires a I _county board,-,of.supervisors.to meet .the. same basic standard as the legislature. Also see. Ellis At,. Mayor and•Citlz:Council of Baltimore, 234 F. Supp. 945 arid State ex tel Sonneborn v. Sylvester;432 .N.W.• 2d 249 -(1965; Supreie: CoUrt of Wisconsin) . I . . . .. . . • „. Several charters contain provisions to-insUre .regUlar reapportionment of city wards.. -For instance, the-Minneapolis 'charter- require S the readjustment of:_ - ward bOundaries : .within three: months after-each decennial "census- according to Stand- "! aids delineated 1.,n the charter,. such as 'the population* of' 'each ward must 'not 'Vary. ' . .. more-than,.5%.,from th average; ea-ch,:ward must be 'contiguous and compact, and . . .. Officiar-Ceni.ns figures must be used. If the city council fails to act, a ward .` I boundary commission consisting of the mayor; comptroller and treasurer of the city readjusts the ward lines. . ,-. _!_i• -., :: • - : • ,•• • '• . _ :-,- ,.- •, . • : ...! • , •. ' -.!.:'. : -.1- .. :-:.... :-..:,-.il .--._.•• . .:,:-. :. • -. ., , . • : ; •-.ri .:1 I -. ;.- . The provision in the St. Louis Park charter states:. 1.1The boundaries of the • -- . • ' font. 'wards shall be redetermined,1mm time to time by ordinances duly adopted by _ . • the council,• and baped,on findings of•the 'counCil that the wards as so redetermined ate Ovas•nek- eititat size in:both, pOpulation.and.-,areas:.ag-Inacticablef:' 'After eaCh I decennial census of the United States, the council shall redetermine ward boundaries, and if the council shall fail to do so within a period of two years after the official certification of the decennial census, no further remurbration shall be paid to the I mayor or councilmen until the wards of the city are duly redetermined as required by this charter." - -S- II "tart II Actual Provisions of Minneso:.a 'Charters The following excerpts from charters are illustrative of the variety of methods used in Minnesota cities. 1. Crookston (1961). One councilman from each ward; overlapping terms. II Section 2.04. Elective Officers and Elections, The elective officers of —the city shall be.one mayor, one alderman from each ward in the city, and two justices of the peace, all of whom shall be qualified electors of the I said city, elected in the manner hereinafter provided. The aldermen shall be elected for,terms of four years by the voters of the respective ward such alderman represents and he shall serve until his successor is elected and has qualified. All other elective officers shall be elected for terms I of two years and until their successors are elected and have have qualified. The election of aldermen shall be so arranged that aldermen from each odd numbered ward shall be elected at one regular municipal_election and I aldermen from each even numbered ward shall be elected at the next regular municipal election. Terms of elective officers shall begin on the first Monday of January following the date of the municipal election when such II officers are elected. An alderman must be a resident!of the ward he represents on the city council. The City Council shall consist of the Mayor and one alderman from each ward. The election, qualification and term of office of a municipal judge shall be governed by the general laws II of the State of Minnesota. . 2. - Fergus Falls (1956) . Two councilmen from each ward; overlapping terms. II . Section 2.01. Councilmen: Number: Selection: Term: The Council shall be composed of eight (8) Councilmen, two (2) of whom shall be selected from each ward for a term of -two ,(2) years each, except as hereinafter I : provided. At the first City election held following the adoption of this charter, four (4) Councilmen, one (1) from each ward shall be elected for a term beginning on the second Tuesday of April immediately following II such election and ending on the last day inclusive of the second December _thereafter. II At -the second City election following the adoption of this charter four (4) Councilmen, one from each ward, shall be elected for a term beginning on "the second Tuesday of April immediately following such election and ending II on the last day inclusive of the second December thereafter. At each and every City election thereafter, four (4) Councilmen, one (1) from each ward, shall be elected for two (2.) year terms. " Each alderman shall serve until his successor is elected and qualified. ' I2.02. Qualifications: A- member of the Council shall be a q ualified _ elector of the ward which he represents and shall hold no other public II - office incompatible with the office of Councilman. 3. West St. Paul (1962). Two aldermen from each ward; non-overlapping terms. ' " Section. 2.03.. Elective Officers.' The Council shall be composed of a mayor..and sic (6) aldermen. The Mayor, Municipal Judge and Constable r . . '. . . shall be qualified electors and shall be elected at large. Two (2) II aldermen shall be elected.,from each aldermanic district and shall be qualified electors. - The Mayor, Aldermen and the Constable shall be elected for terms_'of.,two',(2),years •,and the Municipal Judge for a term of six (6) years. •• :'4;.•':-Coon Rapids (1959, amended•,1961)-; :One councilman from•each.ward; one councilman at large; overlapping terms. . . ,-. .. • . ;.• . , . , I - ., ' The -1961,.-.amendment-to Section 2;03 provides for a mayor and:one.dou Y _.. ncxlman to be elected at large in alternate years (for terms of 2 I . _ Y ( years) ; for- II : three councilmen to be i elected one.f_rom each of throe wards for staggered .':terms (for terms of 3 years) and for the.city to.be divided into three .awards. • ;;i: . . : . . . _ _ :: :• - 1 .5:..= Glencoe+(1957). One couatoilman from:each -ward;•=one• councilman-at-large; . ".: -,Section 2;01. Elective .Officers; The :elective officers. of the City of II •. . i: . •,Glencoe••shall•-themselves be qualified 'voters of-the City of Glencoe and •:,•••shall be elected by-the Note- of the qualified voters of said :city and -. shall consiat•of ,a..Mayor;..:one Alderman a resident• of each 'ward, one ' Alderman at_Large, 'a Municipal Judge;: cad a Special Municipal Judge. Section 245. •'.Term :of'Office. •The term of office'of, the'Municipal I ; .Judge andrSpacial .Municipal'Jud;a shall be four •years;• The term of office :of-the .Mayor :.and Aldermen shall .be two yews, except that the term of the : :-.,first Alderman at Large .elected hcrcunder shall, be for one 'year only and . . .•,thereafter.•£or two years in order that thereafter the Mayor and Alderman. II at Large shall be elected in alternate years, 'The 'term of office of appointive officers, except Commission members, shall not exceed two year., • :and.:terms ,of all .such appointive officrs shall'expi.• e.with the tern of the Mayor. The term of office of each officer elected hereunder shall commence..on the•first :.day of April in the year. in 'which- he was elected. . : All.officers_ ;. both "elective and appointive shall hold office"lsntil their I . ;.:..-successors are elected•or 'appointed and qualified. Elective 'officers whose frli.,terms have.-not expired.at..the time of the.firs-t' election following the ,5.0 adoption Of rthis Charterhall continue to, h01d office to the expiration _ •;,, c .;t ._ m which originally:.elected. , - • . % I ' ..f 'of ,hete ,'-for ;6. Northfield (1961). 'One 'councilman•. " • i � - from each ward; three councilmen-at- large; ove-apping terms. I • i•. ∎•r .S• .. "f"i : '.t:• : '•••,• : . . '.1'.,.:•.3 .::. . " . ''1 ,_.Section,2.3. 'Elective. Officers.. The council shall 'be composed of a mayor ., ., • , . ,,,and. sixtcouncilmen who .shall be. qualified,eleetors. One .councilman shall II , ' ' .f. be elected :from each ward."and three councilmen -shall be elected at large. ,•Eah, councilman •shal:l serve .for,•a .term''of three °gears' •dhd until his ... .. successor -ia,:elected,-and qualifies:, except .that at the. first election held after the adoption, of this. charter the candidate. for councilman at large II from the first ward shall serve for one year, the candidate for council- :, i .man et,jer ge;.from;the• second:ward shall serve for twq.,years, the candidate •, • q • for, councilman at. large..from the. third. ward shall.serve•fOr three years. I The candidate .for councilmen at.•large .having:thc highest •dumber of votes shall serve for three years, the next candidate for councilman at large •..:- , • •., having.Fthe nett•highes.t;number. of•..vo.;cs shall .serve •for two .yearn - and II the next candidate for councilman at large having the next highest number .. .of: votes pha ._1 serve ,for•,'pne, year.•:�.The. mayor.shall serve. for a term of ..twq_years tndr1Jntil-%his.•Successor is elected and qualifies. '• 1 II = • -7- } 7. St.James (1951). Two councilmen from each-ward, one councilman-at-large; I ; > over lapping terms. _ _ - Section 3. Elective Officers. The elective officers of the city shall Ibe the members of the council, including the mayor., and two justices of the peace all of whom shall be qualified electors of said city. The mayor • shall hold his office for the term of two years and the aldermen shall • • hold their offices for the term of four years, all commencing on January 2nd, next following their election and until their successors are elected and qualified, except that at the first election held after the adoption of this amendment, the candidate for alderman in each ward having the highest number of votes shall serve for four years, and the candidate in each ward having the next highest number of votes shall serve for two years and the alderman at large shall serve for two years. The justices of II the peace shall hold their respective offices for the term of two years, commencing on January 2nd, next following their election and until their successors are elected and qualified. II - Section 9. Council. The council shall be composed of the mayor and five aldermen, two of which aldermen shall be elected by and from the electors of each ward of said city respectively, and' who shall be bona fide residents IIof their respective wards and residents of the city for a four year period ,as taxpayers and qualified voters, and one alderman to be elected. by and from the electors of said city at large. The mayor shall have no vote Iin the proceedings in said council except in the case of a tie vote. 3. Detroit Lakes (1959). Two councilmen from each ward; three councilmen-at- large; overlapping terms. Section 3.01. Elective Officers, The elective officers of the city shall- be a mayor, nine aldermen, a judge, a special judge of the municipal court and two Justices of the Peace. Of the nine aldermen, two shall be elected from each ward and three at large. The Justices of the Peace shall be I elected for terms of two years until such a time as the office is abolished pursuant to law. All elective officers shall be qualified electors of the city or ward from which they are elected, and all elective officers holding office when this Amended Charter takes effect shall continue in office II until the terms for which they have been elected have expired. Except as provided herein, the mayor and aldermen shall bold their office for four • years, and the judge and special judge of Municipal Court shall hold their II office for terms as provides by law. All elective officers shall continue in office until their successors have been elected and qualified. At the first biennial election following the adoption of this Amended 1 Charter, the mayor and nine aldermen, two from each ward and three at large, shall be elected for terms beginning March first immediately following such election, the terms of which, under the present city charter, expire on said date. 1 At the said first biennial election the alderman receiving the highest numlmr of votes in each ward shall be elected for a term of four years, and the II alderman from each ward receiving the second highest number of votes shall be elected for a term of two years . I At said first biennial election the alderman receiving the highest number of votes for alderman at large shall be elected for a term of four years and the alderman receiving the second and third highest number of votes for aldermen at large shall be elected for terms of two years. 11 `• ,.. At the said first biennial election two Justices of the Peace shall be II : •- • - `,'••-elected for terms-beginning-April 'first immediately following such election, the terms of which under the presdni -charter,• •el:pire-.on said date. II • - At' the third biennial election following the adoption of' this Amended Charter,, the'Judaaa and 'Special 'Judge of the Municipal Court shall be t :�eleet•ed for terms beginning March first immediately following such elec- •°tion, the term of the-present Municipal Judge 'expirin3 on said date. At.the-,second biennial election there shall be elected one a ,derman from " .e ch;yard and two aldermen at large, all. for- terms of four years. At • • every 'city election 'thereafter all" elective 'offtces• shaZl'be filled as the II - terms of the officers expire --''-'x -• - I 1 - • 1 • I .' ,' ' ",' ' , , James G: Coke " .._ "Research•Assistant r . •• Louise Kuder1ing II • , • ;_ Research -Assistant "Revised: ' icy, 1965 IJGCinw " LTC/ea- ., • ,• • • • r . ..;'Rev: May, 2965 • " w i , . . " r ■ I ... I • • r :�. • " . 140x.1 Part III Council Composition and Method of Election in Minnesota Cities IINotes: In the first column, the: fi ure following the name is the 1960 population. I _ co In the second column wards that serve only as election districts are marked with a double asterisk (**). ' In the third column, if the total number of councilmen is one more than the total of the other columns, the mayor is included as a member of the council, with II = voting powers unless marked by an asterisk (k) . The asterisk denotes that he mayor votes only in case of a tie. II In the columns "Elected at Large" and "Terms", the number does not include the mayor. _ - In the last column, ;A" means annual election and "B" means biennial- election. . A. Cities Operatin;7, Under Home Rule Charters II Cities over - No. of No. of Elected Elected Term • 'Time of i20,000__ Wards Councilmen by Wards at Large (Years) Election •Austin - _ 3 81 6 1 4 (lardk) B (27,900 2 (at Lg II Bloomington (50,498) - 7 - 6 4 B Crystal 4 7 4 22 3 - - B (24,200^3) Duluth ' 5 9 5 4 4 (106,334) B I ,Mankato - 7 - 6 (23,797) 4 A Minneapolis 13 13 13 - • 2 B (402,372) 1 Moorhead 4 9* 8 - 4 B (22,934) - Richfield - 5 - 4 3 A Rochester ---._ 6-_ 7 ._._ 6• 1 2 A (40,663) , _ . • •• - (33,St. Cloud 4** 7 73 t 4 4 yrs. 3315) St. Louis Park 4 7 4 2 4 B (43,310) II1. Mayor has no voting power. E2. One elected from wards 1 and 2, the other by wards 3 and 4. II . 3. Must be one from each ward. - - - 1 . Iz* 7 - 6 2 3 •• 0.-. 6 1 - 2,. B No. of No. of Elected Elected Term Time of i)0 . ._ Wards Councilmen by Wards • at Lar e (Years) . Election 6 7 _. 6: . , . . 4-' : - B 3*-° 5 -• . - ' . , 4 B =57 . - .I0 � - /14. B is $ :4 4• ., B .. :.1 �• -- 3=Card) A � ;.� 5 - 2 Olt L$) 4 2 B -_:-__3..._,.. : _ S- - _3 _ .- 3. •• 3 A - 5 - 4 2 B 5 7 5 2 2 (lards) B - . 4 9 B 4t, v 1 2'' ' ' 1. 1-1 4 5 . 4 . - 2 g 6 .. 9 1 .. 6 3 4 ` - 'B _� 3 7 6 - - 2 - B Cam. IJI - 5 - 6 5 - 3 A I .. 4 ' 9:: . £3 - 4 • B • GurnMIL of No. of Elected Elected Term Time of Ilards Councilmen by cards at Large (Years) - Election 1. 5 6 5 ' - : 'z= • :B• I IIrote on measure he has vetoed I I . P ' _ S_ -11- Blaine - - - 5 - 4 2 . A II (7,570) • Chisholm 5 11 10 - 2 B (7,144) • Crookston 3 9* 8 - - 4 B (0,546) Detroit Lakes 3 10* 6 3 4 B (5,633) II . , Ely 3�- 7 - 6 2 A (5,433) Eveleth 6** 5 - 4 3 A 4. . (5,721) - Fairmont 4 9* 8 - 4 B (9,745) Hastings 4 95 8 - 4 B I •- (0,965) Hutchinson - 5 - 4 2 A (6,207) II - Int'l Falls (6,773) 3 7 6 1 2 A .. Litchfield 3 7* 6 - 2 A (5,070) Little Falls(7,551) 4 9 3 1 4 B •;-- Montevideo - - 5 - 5 4 B I (5,693) - Northfield 3 7 3 3 3 A (8,707) . 1 ' Pipestone(5,324) 2* 5 - 4 2 A - Stillwater 3* 5 - 4 4 B (0,310) -` T'Yaseca . (5,398) 3 7 6 1 2 A Worthington 2 6* 4 1 `2 A II (9,015) ; Cities under No. of No. of Elected Elected Term Time of • 5,000 Wards Councilmen by Wards at Large (Years) Election ' Ada 2 8* 4 3 . .. :,. (2,064) . . _ B Arlin ton. - - 6°, - 5 3 • A (1,601) Barnesville 3 7* 6 4 B (1,632) - II I . Benson (3,673) - 4 - 4 2 A 6 Biwabik - 5 - 2 for 2 A II (1,836) 1 for Blue Earth F 3 - 7 6 ' 3 3 A (4,200) Breckenridge 3 7* •6 - 4 B (4,335) -• Browerville 56 - . . 3 3 A (744) II5. Mayor votes on policy questions but only in case of tie on legislative matters. 6. Includes clerk who is a member and has a two-year term. I . 12- , , . ... . , 4 _ ... .. „ _ ., Canby .. ,% 2 . 5 4 - 4 B I , • (2,146) : Cannon Falls , 6 , - . 6 2 . . _. A (2,055)' • Chatfield' . - 6* - 5 4 . B I (1,341) . Dawson . 2'.• 3 4 • - . 37 ..: . • (1,766) • . I Fraser ..' (95) - ,.• - .- 5 . - 4 4 ' ,. . • ... A Gaylord , : - 6 - 5 3 '. ": ' -. .. A 1 (1,631) Gilbert - 56 - 2 for • .• •-• - 2 -years ; A (2,591) 1 for 3 .. years • i- Glencoe .:, 4 6* 4 1 2 - ' ' •' _. A I (3,216) Gl - enwood.- . : - 5 - 4 4 B „. 1.! r ' . (2,631) . I - Granite Falls (2,723) 2 5 . 3 .. 1 2 ' .. ' , . A Jackson f 3 6* *-- 3 2 2 '. A I : • :. (3,370) .--. . . • - Lake City _ -. 2 5 4 - 4.4.! , ,. A (3,494) I. - Lake Crystal - - 5* - 4 ( 4 - - B (1,652) . - Luverne E. •. 2 5* 4 - 4 . . B (4,249) I , Madison *. (2,330) 3G 7* - . 69 4 ' B - ' ' - . .,. .•Wtonka Beach - - _ -.) rfc6 •• . 3 for ye4rS ; A I (544) Morris :,. • - 5 .., (4,199) - - . 1 rearder 1 rris ',year 4 4-• ' ' ' . B 3* ,- .. . .. .t. 4 3 A Ortonville 2 (.7 . ;4 . • '.:...: • I (2,674) Redwood Falls 3 510 3 1 4 ' B (4,235) - I Renville -- -----. .. ., .-... •• (1,373) ,. . :.--- ,;:• .- • ... 7.. ''*"2 - --- --'--1 (Eraes) A .. . .., 2 (At Lg . ., , . . ...5 . '4 - -•.) ... - ' A .:..:::::..„.ittishford''* -- . !..(:..,, ' -., . ,.... - I L. . ._,,...,-....(1;j.j::. .1 ...... .. ----- _ St. James 2 .... 6* . . .... . 4 1 4 (Wards) B -(4,174) 2(At-L ea) ' • ... . Sauk Centre - • 5 - 5 2.- . -. ' . , A I (3,573) Sleepy Eye - 2 611 4 • . 1 . ',1 4 XWard) • B • .. (3,492) 2. (At I ,) I -- Springfield (2,701) - 2 6* 4 1 2 .. . .. A Staples : •10": - 2 6* . 4 1 2 . • B I (2,706) .,, ,, - . 6. Includes clerk who is a member and has a two-year term. . • . . .. . . . 7. Must be one from each ward. II j 0. Mardi are not eNpressly provided for in the charter. 9. Must be two from each ward. , . .- : 10. Mayor votes at ne::t meetin3 on questions on which' vote was a tie.. • - .. • . . 11. Mayor has up voting power. . I ` - -13- . Tower ' - 5 . - 4 2 A• Tracy 2 5 4 1 2 B ,(2,062) I Two Harbors(4,695) 4 7 _ 4 3 2 B • "Wabasha 3 7 6 - 2 A 1 (2,500) _ . Warren 5 4 2 B (2,007) _ Wayzata - 5 - 4 3 A II (3,219) Windom 2 6* 4 1 4 B (3,691) 1 Winthrop (1,381) - 4 - 4 2 A I . Note: This information is taken from city charters. Since some charters I . allow the council to increase the number of wards by ordinance or resolution and thereby increase the number of councilmen, this information may not correspond to present circumstances. II If . 1 . i_±. 1 ` ... 1 . 1 1 . 1 I . • - '-14- . r, __ ... II ,. B. Cities Operatinl UnderSecialeralActs e f Special •. No. of No. of v Elected Elected Term. - Time of II •: P % . . • Charter or Wards Council- by Wards at Large (Yrs.) . Elec- men . • : General - tion - . SILLY Act - . II .! , A 1: .......... •....r............... .. , ................... ...................... Marshall -- Laws 1070, 3 - 6 6 - A . -.- . II 'Montgomery ' Ch. 31 . . ,•. . . . • , Waterville n . ; Shakopee Sp. Lawi 1875, 5 . -- 5 ' 4 A II ' Ch. 6 -- St. Charles Sp. Laws 1079, - 5 - _ 4 „ . ' 1 A Ch. 57 II - Winona , Sp. Laws 1007, 4 9 3 1 4 Wards B 2 at L3. Chaska Sp, Laws 1391, 3 9 9 - 2 . B I . Ch. 2 Henderson Sp. Laws 1391, - 5 - . 4 2 A Ch. 3 - IILe Sueur Sp. Laws 1091, - 5 - 5 3 A Ch. 45 Jordan Sp. Laws 1091, 2 7 6 1 2 B Ch. 4 II New Prague Sp. Laws 1091, 2 5 4 1 4. Ch. 46 n A -. St. Peter Sp. Laws 1391, 2 6 6 - 3 A I Ch. 5 Cloquet Laws 1895, 27 17 (Varies) (Varie) 1 from 2 to 3 2 B h, 3 Bach ward . E. Grand n II Forks n Melrose Red Lake • n • Falls Thief River " Falls r '' 1, 11 No. Mankato Laws 1921, Ch. 462 Not lei Cranes) 2 from 1 2 B than 2 each ward Waconia n II 17 • Each city is permitted to determine the number of wards which it will have. 11 I . II II • . , II II . March 5, 1984 INFORMATION SERVICE 41",f7- 140a of *390e *180n League of Minnesota Cities *375 480 Cedar Street, Saint Paul, Minnesota 55101 Councils in Third Class cities: Size, terms, wards, and mayor's powers. II Term City Size of council Mayor votes/veto Wards/at large TURE/il IAlbert Lea 6 Y/N 6/0 2/4 . Anoka - 4 Y/N 0/4 2/4 1 Bemidji . 6 ' Y/N 5/1 t 2/4 Brainerd 7 T/Y 4/3 2/2 IIFairmont 8 T/N 4*/0 4/4 IFaribault 6 Y/N 0/6 4/4 Fergus Falls 8 T/N 4*/0 2/2 IIHastings 8 T/Y 4*/0 2/4 Hopkins ' 4 Y/N 0/4 2/4 IIMarshall 6 Y/N 3*/0 2/4 IMounds View 4 Y/N . 0/4 New Ulm 5 N/Y 4/1 4/4 INorthfield 6 Y/N . 3/3 3/3 2/2 l5 men Owatonna 7 N/Y 5/2 4 (2 mg IIRed Wing 9 N/Y 4*/1 2/2 IIRobbinsdale 4 Y/N 4/0 2/2 Stillwater 4 Y/N 0/4 4/4 IIVirginia 7 N/Y 0/7 2/4 West St. Paul 6 T**/N 3*/0 2/2 I Willmar. 8 T/Y 4*/0 2/4 IWorthington 5 T/N 2*/1 3/3 * 2 councilmen elected from each ward r' �LP,9 A I ** also votes on specified matters; no veto when he votes 1 PT:sb , i �i,4 9 INFORMATION SERVICE I of I League of Minnesota Cities 480 Cedar Street, Saint Paul, Minnesota 55101 Gen. & Sp. Memo II Elections by Ward v. At Large in Selected v/140a Charter Cities; Council Size and Status of Mayor ✓*375 j*l 00a II j*180n No. on Council No. No.Elect. No. Elect. Does (Not Incl . Mayor) Wards by Ward at Large Mayor Vo:.e? IIRochester 7 6 6 1 No Bloomington 6 4 4 2 Yes 1 St. Louis Park 6 4 4 2 Yes St. Cloud 7 4 4Agl. 3 No Minnetonka . 6 4 4 2 Yes IIBrooklyn Center 4 414"- Yes Crystal 6 4 (+ 4 (2 by sec. ) Yes I 2 sections: ea. sec.= 2 wards) _ IIMankato 6 5 5 1 Yes Coon Rapids 4 3 3 1 Yes '- II Brooklyn Park 6 3 6 - Yes (districts)* Moorhead 8 4 2 - _ Only in tie IIFridley 4 3 3 1 Only in tie Winona 6 4 4 2A-4# Yes IIAustin 7 3 6 1 No South St. Paul 7 - - 7 Only in tie IColumbia Heights 4 - - 4 Yes White Bear Lake 5 5 5 No Blaine 6 3 6 -Ri-c Yes II (districts)* I * "districts" appear to be the same as ward. II10/4/78 AA il1Cef/aATk-a 07' wn�0, 00 E ttc reo 47 1..9.16E 3 if jd N M/tiISI 'D Of/ piss, c7, QJ7 f1Ec7Eo ti7 xAtcP - 1Ac/! I Dis 1Ric T = a uoAns ;; z . 13 I I ^zc.- i?,V,7' ii1 BC t�R i rt (12 CourOc•'•..PJ 3 W A,C S Orti0T1 S C'Cct Nc I S 1.4/9X-'0.5 it, R L n, 3 ' ,(1D4 Ac p- 3/17 c.'-44'4 e z /-it-'0,,? c7 c tt 1. I 1 1 1 1 I - league of minnesota cities 11111111-511 300 hanover building. 480 cedar st.,saint paul, minn 55101 1111 LIL§ I • ation 1 for municipal officials ' 100a.1 Revised: December, 1974 I I ADVANTAGES AND DISADVANTAGES OF A HOME RULE CHARTER I Advantages IIThe advantages of municipal home rule have been briefly stated by Professor William Anderson in his book, City Charter Making in Minnesota, as follows: IL "Every home rule city may have the form of government and the range of local powers and functions which the people of the city desire it to have. II 2. The charter may be drawn up locally, in the open, and by residents of the city, and must be adopted by the electors themselves. 3. Whenever changes in the local government are really needed or desired, 11 they can be had by local action immediately instead of a year or more later when the legislature meets. I 4. The legislature is relieved of much time-consuming and expensive labor in devising laws for local communities. The results will be a better legisla- ture and better general laws, to the great benefit of the entire state. II5. The entire home rule process is distinctly educational to all the voters of the city. Some are called to work on charter commissions; the others must learn at least a little about charters and amendments because they must II vote upon proposed changes. Trained thus in local affairs, the people be- come better fitted to cope with state and national problems." ! The statutory city form of government is rather simple, but a city charter and the form it provides may be just as simple. A statutory city is continually subject to the acts of the legislature; to change any of its present powers it must apply to the ;' legislature for the enactment of a statute. While a city under a home rule charter is subject to the general action of the state legislature, nevertheless it is given the power to amend its charter from time to time to fit its own needs. State laws may prescribe certain obligations for municipalities, but if there are home rule charter II provisions on the subject, the 'courts will allow considerable local variation in pro- cedure and methods of performance. If the state law is silent on a subject, the local citizens often may assume powers for their municipality by including them in their I charter. Limitations, likewise, may be included which are more stringent than those in general state laws; for example, tax and debt limits. Most of the home rule autho- rity reserved to local citizens through the home rule charter, however, has to do with 11 machinery and form of government. Of the 99 home rule charter cities in Minnesota, 69 have provided for the mayor-council form, 3 for the commission form, and 27 for the council-manager form. There are many local variations having to do with elected and Iappointed officials, and independent boards and commissions. There is no necessary relationship between the cost of local government in a city and its form. The cost of government under a city charter need not be any greater than 1 under the statutory form. There is no difference, for example, in the cost of required officials; in both home rule charter and statutory cities, the council is allowed to fix the salaries of the mayor and councilmen without statutory limit, and this is true I even if a home rule charter contains limitations on such salaries. The charter need not set up any minimum number of departments and neither need a statutory city; in the absence of a home rule charter restriction on number, the number of departments is II as much a matter for council discretion in a home rule charter city as in a statutory city. To some extent, a home rule charter may provide for a lower tax limit than is provided by law for statutory cities, but this difference is now largely academic be- cause of the rigid statutory limit on annual increases in the property taxes of both II groups of cities. II - 2 - Disadvantages There are some disadvantages claimed for home rule charters. These include the following: ' 1. Difficulty of adopting and amending charters. A charter e must be drafted locally and amendments must be locally prepared and submitted to the voters. The majorities required -- 51% o those voting on the question for both the original charter and amendments - are often difficult to obtain, particu- larly if any issue is made over ratification, In the case of a needed 11 amendment tc the statutory city laws, where a general need has developed, an amendment by the legislature may be relatively easy to obtain. No public educational campaign is necessary. Because of the relative ease of securing legislation, home rule charter cities sometimes have sought what are vir- tually amendments of their charters by special legislative act. On the other hand, charters and amendments may be adopted with less difficulty than was the case a few years ago; not only are the present 51 percent vote require- . ments less strict than those in effect prior to 1959, but amendments may be adopted now by a simpler alternative procedure involving a council ordinance approved by unanimous vote, with an election required only in case of a voter petition. ' 2. Loss of advantage of + unYformity. While a home rule charter permits the adoption of a local "constitution"tailor-made to the needs of the indivi- dual community, this very fact makes the experience of other municipalities concerning the application of a charter or of the statutory city law of little direct help to the home rule charter city. The supreme court or the ' attorney general can give a ruling concerning a statutory city which, in most instances, will be equally applicable to all other statutory cities in the state, but rulings affecting a home rule charter will usually concern only ' those other cities which have similar charter provisions. • 3. Danger of poor local drafting. Some home rule charter cities have had many practical difficulties because amateurs who knew little about charter drafting or did not have the time to do a competent job drafted the charter. This difficulty can be minimized by the use of model charters and reliance upon competent professional advice. The League will prepare comprehensive 1 comments upon any proposed charter draft at the request of the charter com- mission. Advocates of the home rule charter system point out that many statutes are as poorly drafted as charters, and an individual municipality ' has less control over these than it does over its own home rule charter pro- visions. 4. More general availability of statutes than charters. Anyone looking for the applicable law relating to a home rule charter- city must consult not only the statutes but the particular home rule charter. Statutes are available in every law office but only a few collections of home rule charters exist. ' Where search is to be made in some municipality other than the charter city, access to its charter may be quite difficult. ' 1 55% of those voting on the question is required where the amendment proposes to ex- tend charter-imposed liquor patrol limits in areas where liquor may not be sold. At most there are only one or two cities having such limits now, - 3 Cost of preparation of a home rule charter. In most communities this is a negligible item. The law limits the cost of preparing a charter in the first instance to $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission ex- penses as it deems necessary. The smaller the community the larger rela- tively this burden will be. ' 6. Permanent nature of charter government. It used to be true that once a charter was adopted, there was no turning back to the statutory form of city government. Now, a statute implementing a constitutional authorization per- mits a home rule charter city of any size to abandon its home rule charter by the same procedure by which a charter may be adopted. When the charter is abandoned, the city becomes a statutory city. It is still true, however, that no city in Minnesota has ever abandoned its home rule charter, so the ' move to charter status has thus far always been a permanent one, rvme -S ecific Comparisons of Home Rule Charter and Statutory City Powers ' f o,l o i g is a list of a few of the possible. differences between the powers of statu- ory cities and those that may be provided by home rule charter. In some instances ' these differences may be considered to be to the advantage of statutory cities; in others to the advantage of the home rule city. The list is illustrative of some of the points made in the earlier portions of this memorandum and is not meant to be .'x'%austi ire„ 1 1. Government Structure. In general, a home rule charter city may provide al- most any type of government it chooses; the form of government is not pres- cribed by statute to any great degree. Consequently, the composition, size of the city council, its method of election, its procedure, and'its rela- tion to the rest of the city government may be entirely regulated by charter. ' The city may have a strong-mayor or weak-mayor form, a commission, or a council-manager plan, and it may place any of its functions under independent boards. The city may provide a town meeting or representative town meeting plan. The charter may provide for an ombudsman to handle citizen complaints; it may provide for neighborhood councils, a city government administration decentralized among neighborhoods, or any other formal structure for pro- viding direct citizen involvement in the city government. While many of these provisions on local government structure may- be considered imprac- tical by a charter commission, mention of them here does illustrate the wide range of home rule charter options with respect to governmental struc- ture. In statutory cities, however, the options are much more limited. Except in a handful of cities formerly under city general or special law, a council must consist of five members, including the mayor, all elected at large> Every statutory city may choose between two plans differing mainly in whether the clerk, treasurer, and assessor -- there rarely is a city asses- sor in these cities any more -- are elected or appointed. If are elec- ted, the clerk is substituted for one of the four councilmen in�n serving on the council. The option providing the most basic change is one permitting a statutory city of more than 1,000 population to adopt a council-manager form of government. In statutory cities without that form, the council is the head of the administration and has the power to appoint administrative per- sonnel. The mayor's authority is essentially the same in these three forms. A home rule charter may on the other hand, give the mayor as much or as little power as the charter commission and the voters wish to provide. The charter may even provide for selection of the mayor by the council from its 1 - 4 - own membership, a common practice elsewhere in the country in council-manager cities but not used in any Minnesota city currently. 2. Broad Grant of Powers. In general, a hcme rule city may provide (not incon- sistent with statute) any municipal powers which the legislature could have delegated to the city and in practice a number of city charters have attempted to do so. Under such a grant or more explicit grants, the charter may autho- rize the city to provide for medical clinics, for public transit, and for industrial parks, and it may authorize any of a whole range of public enter- prises as long as they do not involve the use of public funds for an uncon- stitutionally private purpose. The limits are more those of ' than of the lack of home rule charter power. Statutory public policy powers that are ry cities have only the granted by statute, While part of this grant of authority, a so-called "general welfare clause", has been construed broadly to give ' statutory cities much of the regulatory authority many home rule charter cities have under a typical "all powers" grant, it is probably not equiva- lent to the latter, particularly in non-regulatory areas. Furthermore, 1 whatever powers that are granted by charter may be limited or conditioned in any way thought desirable locally, ' 3. Taxes. A statutory city has no power to levy taxes other than taxes on property. Presumably, a home rule city may be granted this power by charter although two of the major possibilities for local non-property taxes, the sales tax and the income tax, have been pre-empted by the state. Former differences between home rule charter cities and statutory cities in property tax levy authority have been largely wiped out by the law which prohibits any city from increasing its property tax levy more than six percent over ' the previous year, with certain exceptions. 4. Finance. No budget system in a strict sense is required in statuto except in those operating cities p ng under the council-manager form of government. Such a system may be required by charter but need not be. Provisions for the pay- ment of claims in statutory cities contemplate action by the council on many claims in advance of payment. This subject may also be regulated by charter. The purpose for which expenditures may be made may be broadened or limited by charter beyond those permitted in statutory cities. For example, appro- priations to private agencies performing work of a public character may be ' permitted by charter but are probably not permitted in statutory cities. Statutory cities are limited in their issuance of warrants in anticipation of the collection of taxes. This authority may be broadened or curtailed by charter, but in both types of cities a system of tax anticipation certificates may' be used. The statutory debt limit of 20 percent applicable to statutory cities may be lowered but not raised by home rule charter, and the purposes for which bonds may be issued may be restricted, and the procedure made ' easier or more difficult. The city may be authorized to make direct loans from banks and other lending institutions rather than from the issuance of bonds or certificates. 5. Utility regulation. The service and rates of private gas, electric and tel - phone utilities are regulated by the Minnesota Public Service Commission. e ' While cities may require gas and electric franchises and adopt regulations, including requirements for gross earnings or similar fees there seems to be little difference between statutory and home rule cities in this regard. ' 6. Municipal Utilities. Statutory cities may establish electric, gas, light and power utilities only after a vote of the people, regardless of the method of financing used. A charter may provide for acquisition without a vote or may 11 II - 5 - require a different majority from the majority prescribed for statutory cities. It is only at the end of every five-year period from the date of the franchise that statutory cities have clear statutory authority to acquire privately owned plants without the consent of the owner. The right of condemnation without time limitation may be given by charter. Some utility bills may not be made a lien on property in statutory cities; presumably they may be in cities under adequate charter authority. Statu- 1 tory cities may use surplus utility funds for the support of general funds; in home rule charter cities this depends entirely upon the charter, ' 7. Ordinance Procedure. Statutory cities may pass an ordinance on a single reading at the same meeting at which the ordinance is introduced. They must publish the ordinance in full in the local newspaper except where adopted by reference under the state law. Cities may, but need not, re- 11 quire several readings and a lapse of time between readings. Charters may or may not provide for publication and they may impose other restrictions on the ordinance process. Statutory cities may not submit ordinances to the peo- ' ple under the initiative and referendum process; home rule charter cities may provide for initiative and referendum by charter, $. Personnel. A statutory city council may not remove one of its members, while in home rule cities this power may be provided by charter subject to some court-imposed limitations. Except for optional civil service, appointments and removals of non-elective officers and employees are generally at the dis- cretion of the council in statutory cities. In charter cities, restric- tions, such as a formal civil service system may be included in the charter, which may authorize the council to fix administrative salaries at its dis- cretion subject to whatever limitations and procedure the charter provides. 9. Contracts. State law establishes for all cities uniform dollar limits on contracts which may be entered into on the basis of competitive bids and quotations on the purchase, sale, or rental of supplies, materials or equip- ment, or the construction, alteration, repair or maintenance of real or personal property. Competitive bids are required when the amount involved exceeds $5,000. While the language leaves some doubt about the application of the law to home rule charter cities, the attorney general has ruled that the statute supersedes all charter provisions with respect to establishing a uniform dollar limitation. Presumably some phases of contracting procedure may still be regulated by charter but charter provisions usually have been confined to the subjects not covered in the state law. 10. Tort and Contract Liability, Both statutory and home rule cities are subject to the same tort liability imposed by statutes and court decisions. Home rule charter cities may not extend or curtail this liability for torts to ' any extent. Ordinary rules regarding contract liability probably may not be changed by charter. 11. Special Assessments. Both statutory and home rule cities may finance almost any type of public local improvement by special assessment under a uniform statutory procedure. While almost all home rule cities utilize the state ' law, a city may by charter provide a different procedure, and may provide that the charter method be used exclusively. It may also provide that specified local improvements be financed by general funds or service charges rather than special assessments. i12. Real Estate. Statutory cities may acquire real estate needed for public pur- poses and dispose of it by council action when no longer needed for public ' purpose. Bids and approval of the voters are not required but such restric- tions may be imposed in cities by charter if found desirable. - 6 - 13. Elections. While many phases of election procedure are regulated by statute, many others are open to municipal regulation by charter. The date of the municipal election, fixed in statutory cities for the first Tuesday after the first Monday in November of either the even or odd year, may in home rule charter cities be set at any date and with any reasonable inter- val between elections. Terms of office may be regulated locally by charter. Recall elections may be provided by charter although the usefulness of this ' device is seriously limited by court decision. There is no recall system in statutory cities. Proportional representation may be used as a method of election and a different nomination procedure from that set up for statu- ' tory cities may be provided by home rule charter. Ward representation may be provided by charter, but it is not generally available to statutory cities. 14. Separation from Town. A statutory city incorporated prior to July 1, 1949, may, if not already separated, preserve for itself its status as part of the town for assessment and election purposes, at least outside the metropolitan area. A home rule charter city may not do so but must be completely inde- pendent of the town. 15. Accounting, Under the law, statutory cities may employ a certified public accountant to make an audit or they may use the state auditor for this pur- pose. By charter, cities may compel an audit each year or periodically and may provide for such an audit by any person they designate. Charter cities are also subject to the law providing for examinations by the state auditor upon the initiative of the council or petition of interested freeholders. Publication of the annual financial statement in statutory cities is pres- cribed by law. In home rule cities, whatever annual reports and whatever publications of the reports are desired may be included in charter require- ments. The number and kinds of funds and the authority to transfer between. funds may be regulated by charter with only a minimum of statutory restric- tion; in statutory cities, the subject is more circumscribed by law. 16. Combination and Elimination of Offices. The statutory city laws authorize ' the combination of the offices of clerk and treasurer, the abolition of the office of justice of the peace, and, by the adoption of optional plans, a number of variations in statutory offices. These choices are limited by statute, however. In a home rule city, the charter may not only provide different offices from those provided in statutory cities but it may autho- rize the council to provide other offices or combine offices, or it may limit the council's authority in this respect. RLM:5-24-40 I Lev. OCP:ls 12/74 I I I I 44 a research memo for city officials 100a .5 1977 A MODEL CHARTER 1 for Minnesota Cities Supplement 1 0 • COMMENTS on the Model Charter I 1 League of Minnesota Cases L t 183 University Ave. E., St. Paul, MN 55101 (612) 227-5600 lJ i I, I TABLE OF CONTENTS Chapters Page 1 Name, Boundaries,and General Provisions 1 2 Form of Government 1 3 Council Procedure 2 4 Nominations and Elections 4 5 Initiative and Referendum 4 6 Administration of City Affairs 6 7 Taxation and Finances 7 8 Public Improvements and Special Assessments 10 9 Eminent Domain 10 10 Franchises 10 1 11 Public Ownership and Operation of Public Utilities 11 12 General Provisions 11 I I I - iii - 1 I I. Iv Preface In 1922 a model charter for Minnesota cities was prepared by Professor William Anderson of the University of Minnesota Poli- tical Science Department and included as Appendix 1 of his City Charter Making in Minnesota, now out of print. In the next 34 years before the charter was revised, a score of cities in the state adopted charters using this model charter as a guide, and many of its essential features were incorporated in the optional council- I manager plan provisions of the 1949 village code (Minn. Stats. Ch. 412, now a code for all non-home rule charter cities). With the passing years it became increasingly apparent that, despite its basic soundness, the Anderson model charter needed revision in the light of experience and statutory developments. The first revision of the charter was made in 1956 by the League ' staff. Like the 1956 revision, the 1974 revision retains the basic provisions of the original, but some alternative suggestions on form of government and methods of election have been made available in an accompanying memorandum of comments, where questions that charter commissions should consider in using the model charter as a guide are raised and pertinent statutes and points of policy noted. Suggestions and criticisms of charter commissions and city of- ficials in the use of the revised model charter and comments are solicited so that future revisions may increasingly meet the needs of Minnesota cities. The model -charter should be used with two other revised excerpts from the 1922 Anderson mono- 111 graph:Principles and Problems of Charter Making and Home Rule Charter Commission Procedure. These and other charter memo- randa are listed in Appendix D. I I I I I I 1 CHAPTER 1 be no separate administrative board of health, I' NAME, BOUNDARIES, POWERS, library board, or any other administrative board AND GENERAL PROVISIONS or commission except for the administration of a function jointly with another political subdivision. Section 1.01. Name and boundaries. The City of The council shall itself be and perform the duties I County, Minnesota shall and exercise the powers of such boards and com- missions to be a municipal corporation under that missions provided for by statute. The council may, I name and with the same boundaries as now are or however, establish boards or commissions to hereafter may be established. advise the council with respect to any municipal function or activity, to investigate any subject ISec. 1.02. Powers of the City. The city shall of interest to the city, or to perform quasi-judicial have all powers which it may now or hereafter functions. Ibe possible for a municipal corporation in this state to exercise in harmony with the constitu- Sec. 2.03. Council composition and election. I tions of this state and of the United States. It The council shall be composed of a mayor and is the intention of this charter to confer upon six councilmen who shall be qualified electors the city every power which it would have if it and who shall be elected at large. Each council- were specifically mentioned. The charter shall man shall serve for a term of four years and until be construed liberally in favor of the city and his successor is elected and qualifies, except Ithe specific mention of particular municipal that at the first election held after the adoption powers in other sections of this charter does not of this charter the three candidates having the Ilimit the powers of the city to those thus men- highest number of votes shall serve for four years tioned. Unless granted to some other officer or and the other three successful candidates shall I body, all powers are vested in the city council. serve for two years. The mayor shall serve for a term of four years and until his successor is elected CHAPTER 2 and qualifies. IFORM OF GOVERNMENT Sec. 2.04. Incompatible offices. No member of ISec. 2.01. Form of Government. The form of the council shall be appointed city manager, nor government established by this charter is the shall any member hold any paid municipal office I "Council-Manager Plan." Except as otherwise or employment under the city; and until one provided by law or this charter, all powers of year after the expiration of his term as mayor or I the city are vested in the council. The city manager councilman no former member shall be appointed shall be the head of the administrative branch to any paid appointive office or employment of the city government and shall be responsible under the city which was created or the compensa- to the council for the proper administration of tion for which was increased during his term as all city affairs. councilman. I Sec. 2.02. Boards and miss' n commissions.Ions. There shall Sec. 2.05. Vacancies. An elective office 6e- 1 - 1 - I I comes vacant when the person elected or appointed city's accounts at least once a year by the state thereto dies before taking office or fails to qualify, department in charge of such work or by a public 1 or the incumbent dies, resigns in writing filed accountant. At any time the council may provide with the city clerk, is convicted of a felony, ceases for an examination or audit of the accounts of to reside in the city, or is adjudged incompetent any city officer or agency and it may provide for Iby a court of competent jurisdiction. In each any survey or research study of any subject of such case the council shall by resolution declare municipal concern. Ithe vacancy to exist and shall forthwith appoint an eligible person to fill the vacancy for the re- Sec. 2.09. Interferences with administration. I mainder of the unexpired term. Neither the council nor any of its members shall dictate the appointment or removal of any city Sec. 2.06. Ti'e mayor. The mayor shall pre- administrative officer or employee, but the council Iside at meetings of the council and shall have a may express its views and freely discuss with the vote as a member. The council shall choose from manager anything pertaining to appointment its members a president pro tern who shall hold and removal of officers and employees. Except office at the pleasure of the council. He shall for the purpose of inquiry and investigation I serve as president in the mayor's absence and as mayor in case of the mayor's disability or under Section 2.08, the council and its members shall deal with and control city administrative I absence from the city. The mayor shall be re- officers and employees under the jurisdiction cognized as head of the city government for of the manager solely through the manager, and all ceremonial purposes, by the courts for the pur- neither the council nor any council member shall Ipose of serving civil process, and by the governor give orders to any subordinate of the manager for purposes of martial law, but he shall have no either publicly or privately. Iadministrative duties. CHAPTER 3 I Sec. 2.07. Salaries. The mayor and councilmen co U N C I L PROCEDURE shall receive such compensation as is fixed by the I council in accordance with law. The city manager Sec. 3.01. Council meetings. The council shall and all subordinate officers and employees of meet regularly at least once each month at such the city shall receive such salaries or wages as may times and places as the council may designate by 1 be fixed by the council. rule. The mayor or any three members of the council may call special meetings of the council ISec. 2.08. Investigation of city affairs. The upon at least twelve hours notice to each member council may make investigations into the affairs and such reasonable public notice as may be I ' of the city and the conduct of any city depart- prescribed by council rule in compliance with the ment, office or agency and for this purpose may laws of Minnesota. To the extent provided by law, I subpoena witnesses administer oaths, take testi- all meetings of the council and its committees mony, and require the production of evidence, shall be public and any citizen shall have access The council shall provide for an audit of the to the minutes and records of the council at all I -2- I reasonable times. Sec. 3.06. Emergency ordinances. An emergency ordinance is an ordinance necessary for the im- Sec. 3.02. Secretary of council. The city clerk mediate preservation of the public peace, health, ' shall act as secretary of the council. He shall keep morals, safety or_welfare in which the emergency a journal of council proceedings and perform is defined and declared in a preamble and the I such other duties as this charter or the council ordinance is adopted by a vote of at least five may require. The council may designate any other members of the council. I city official or employee except the city manager or a member of the council to act as secretary of Sec. 3.07. Procedure on resolutions. Every the council. resolution shall be presented in writing and read in full before adoption, unless the reading is dis- Sec. 3.03. Rules of procedure and quorum. The pensed with by unanimous consent. Icouncil shall determine its own rules and order of business. A majority of all members shall con- Sec. 3.08. Signing and publication of ordinances I stitute a quorum but asmaller number may adjourn and resolutions. Every ordinance or resolution from time to time. The council may by rule pro passed by the council shall be signed by the mayor, I vide a means by which a minority may compel attested by the city clerk, and filed and preserved the attendance of absent members. by him. Every ordinance shall be published at least once in the official newspaper. To the extent ISec. 3.04. Ordinances resolutions, and motions. and in the manner provided by law an ordinance Except as otherwise provided in this charter, may incorporate by reference a statute, state Iall legislation shall be by ordinance. The votes administrative rule or regulation of Minnesota, of council members on any action taken shall be a code, or ordinance or part thereof without I recorded in accordance with statute. Except as publishing the material referred to in full. otherwise provided in this charter, an affirmative vote of a majority of all the members of the Sec. 3.09. When ordinances and resolutions Icouncil shall be required for the adoption of all take effect. Every resolution and emergency ordinances and resolutions. ordinance shall take effect immediately upon Iits passage or at such later date as it specifies. Sec. 3.05. Procedure on ordinances. Every Every other ordinance shall take effect 30 days Iproposed ordinance shall be presented in writing. after publication or at such later date as it specifies. No ordinance shall contain more than one sub Every ordinance and resolution adopted by the I ject which shall be clearly expressed in its title. The enacting clause shall be, "The City of voters of the city shall take effect immediately __ upon its adoption or at such later date as it specifies. ordains." No ordinance except 1 an emergency ordinance shall be adopted at the Sec. 3.10. Amendment and repeal of ordinances meeting at which it is introduced and at least and resolutions. Every ordinance or resolution re- ' three days shall elapse between its introduction pealing all or part of a previous ordinance or re- and final passage. solution shall give the number, if any, and the I - 3 - I I title of the ordinance or resolution to be repealed by resolution order a special election and provide in whole or in part. No ordinance or resolution all means for holding it. The clerk shall give at shall be amended by reference to the title alone, least two weeks published notice of a special but such an amending ordinance or resolution election. The procedure at such election shall shall set forth in full each section or subdivision conform as nearly as possible to that prescribed 1 to be amended and shall indicate by appropriate for other city elections. type or symbols matter to be omitted or added. ISec. 4.03. Filing for office. No earlier than Sec. 3.11. Revision and codification of or- ____days or later than__days before the muni- I dinances. The city may revise, rearrange, and cipal election, any voter of the city qualified under codify its ordinances with such additions and the state constitution for elective office may, by I deletions as may be deemed necessary. The or- filing an affidavit and paying a filing fee of$ dinance code may be published in book, pamphlet, to the city clerk, have his name placed on the or continuously revised loose-leaf form and copies municipal primary ballot or, if there is no primary Ishall be made available by the council at the office election, on the municipal election ballot. of the city clerk for general distribution to the Ipublic free or for a reasonable charge. Publication Sec. 4.04. Procedure at elections. Subject to in such a code shall be a sufficient publication this charter and applicable state laws, the council I of any ordinance provision not previously pub may by ordinance further regulate the conduct lished if a notice that copies of the codification of municipal elections. Except as otherwise pro- are available at the office of the city clerk is vided by this charter and supplementary ordi- Ipublished in the official newspaper for at least nances, general state laws on elections shall apply two successive weeks. to municipal elections. I CHAPTER 4 CHAPTER 5 INOMINATIONS AND ELECTIONS INITIATIVE AND REFERENDUM I Sec. 4.01. The regular municipal election. A Sec. 5.01. General voter authority. The voters regular municipal election shall be held on the of the city shall have the right, in accordance with first Tuesday after the first Monday in November this charter, to propose ordinances and to require Iof each odd-numbered year commencing in 19— ordinances to be submitted to a vote by processes at such place or places as the city council may known respectively as the initiative and refer- Idesignate. The city clerk shall give at least two endum. weeks published notice of the time and place Iof holding such election and of the officers to be Sec. 5.02. Petitions. An initiative or referendum elected, but failure to give such notice shall not shall be initiated by a petition signed by registered I invalidate the election. voters of the city equal in number to 20 percent of those who voted for mayor in the last preced- Sec. 4.02. Special elections. The council may ing city election. Each petition shall be sponsored I -4 - I by a committee of five voters whose names and ordinance to the voters at the next regular or I ` addresses shall appear on the petition. A petition special election at its option. may consist of one or more papers, but each paper I ° circulated separately shall contain at its head or Sec. 5.05. Initiative. Any ordinance, except attached to it the statement required by Section an ordinance relating to the budget or capital I5.05 or 5.06, as the case may be. Each signer program, the appropriation of money, the levy shall sign his name and give his street address. of taxes, or the salaries of city officers or em- Each separate page of the petition shall have ployees, may be proposed by a petition which I appended to it a certificate, verified by oath, shall state at the head of each page or attached that each signature is the genuine signature of the thereto the exact text of the proposed ordinance. Iperson whose name it purports to be. The person If the council passes the proposed ordinance making the certificate shall be a resident of the city. with amendments and a majority of the sponsoring IAny person whose name appears on a petition committee do not disapprove the amended form may withdraw his name by a statement in writing by a statement filed with the city clerk within I filed with the city clerk before the clerk advises 10 days of its passage by the council, the ordinance the council of the sufficiency of the petition. need not be submitted to the voters. If the council I fails to enact the ordinance in an acceptable form Sec. 5.03. Determination of sufficiency. Im- within 60 days after the final determination of mediately upon receipt of the petition, the city sufficiency of the petition, the ordinance shall Iclerk shall examine the petition as to its sufficiency be placed on the ballot at the next election oc- apd report to the council within 20 days. Upon re- curring in the city. If no election is to occur within Iceiving the report, the council shall determine by 120 days after the filing of the petition, the coun- cil the sufficiency of the petition. cil shall call a special election on the ordinance I to be held within such period. if a majority of Secs'5.04. Disposition of insufficient petition. those voting on the ordinance vote in its favor, If the council determines that the petition is it shall become effective 30 days after adoption Iinsufficient or irregular, the city clerk shall deliver unless the ordinance specifies a later effective date. a copy of the petition; together with a written Istatement of its defects, to the sponsoring com- Sec. 5.06. Referendum. Any ordinance subject mittee. The committee shall have 30 days in which to the initiative may be subjected to referendum Ito file additional signature papers and to correct by a petition which shall state, at the head of the petition in all other particulars. If at the end each page or on an attached paper, a description of that period the council finds that the petition of the ordinance. Any ordinance upon which a is still insufficient or irregular, the city clerk shall petition is filed,other than an emergency ordinance, file the petition in his office and notify the spon- shall be suspended in its operation as soon as the Isoring committee. The final finding that the peti- petition is found sufficient. If the ordinance is not tion is insufficient or irregular shall not prejudice thereafter entirely repealed, it shall he placed on Ithe filing of a new petition for the same purpose the ballot at the next election or at a special nor shall it prevent the council from referring the election called for that purpose, as the council - 5 - I I determines. If a majority of the voters voting ager. Subdivision 1. The city manager shall be thereon favors the ordinance, it shall go into responsible to the council for the administration effect immediately or on the date specified in of the city's affairs. He shall have the powers Ithe ordinance; if a majority of the electors voting and duties set forth in the following subdivisions: thereon votes against the ordinance, it shall be Subd. 2. He shall see that this charter and the Iconsidered repealed upon certification of the laws, ordinances, and resolutions of the city are election results. If a petition is filed against an enforced. Iemergency ordinance, the ordinance shall remain Subd. 3. He shall appoint and may suspend and in effect but shall be repealed if a majority of remove, upon the basis of merit and fitness and I the voters voting on the ordinance vote against subject to applicable personnel rules, the city it. clerk, all heads of departments and all subordinate I officers and employees. CHAPTER 6 Subd. 4. He shall direct and supervise all depart- ADM I N I S T RATION O F CITY A F F A I R S ments, offices, and agencies of the city, except as Iotherwise provided by law or charter. Sec. 6.01. The city manager. The city manager Subd. 5. He shall attend all meetings of the I shall be the chief administrative officer of the council and may take part in discussion but not city. He shall be chosen by the council solely vote; but the council may, in its discretion, exclude on the basis of his training, experience, executive him from any meeting at which his removal is Iand administrative qualifications. He need not be considered. a resident of the city at the time of his appointment Subd. 6. He shall recommend to the council Ibut may reside outside the city while in office only for adoption such measures as he deems necessary with the approval of the council. The city manager for the welfare of the people and the efficient Ishall be appointed for an indefinite term and may administration of the city's affairs. be removed at any time by an affirmative vote of Subd. 7. He shall keep the council fully advised I a majority of the council; but after he has served on the financial condition and needs of the city, as manager for one year, he may demand written and he shall prepare and submit to the council charges and a public hearing on the charges before the annual budget and capital program. Ithe council prior to the date when his final removal Subd. 8. He shall submit to the council and takes effect. After the hearing, if one is demanded, make available to the public a complete report Ithe council shall have unlimited discretion either on the finances and administrative activities of to reinstate the manager or make his removal final. the city at the end of each fiscal year. IPending the hearing and removal, the council may Subd. 9. He shall perform such other duties suspend the manager from office.With the approval as are prescribed by charter or may be required I of the council, the manager may designate some by the council. properly qualified person to perform the duties Iof the manager during his absence or disability Sec. 6.03. Administrative organization. The or while the office is vacant. council may by ordinance establish city depart- ments, offices, and agencies and prescribe their Sec. 6.02. Powers and Duties of the City Man- functions. No power or duty conferred by this - 6 - I charter upon a particular office or agency shall Sec. 7.01. Council to control finances. The I., be transferred to any other. council shall have full authority over the financial affairs of the city. It shall provide for the col- '' Sec. 6.04. Subordinate officers. There shall lection of all revenues and other assets, the audit- he a city clerk and such other officers subordinate ing and settlement of accounts, and the safekeeping I to the city manager as the council may establish and disbursement of public moneys. by ordinance. The city clerk shall be subject to the direction of the city manager and shall have such Sec. 7.02. Fiscal year. The fiscal year of the city duties in connection with the keeping of the shall be the calendar year. public records, the custody and disbursement of 1 the public funds, and the general administration Sec. 7.03. System of taxation. Subject to the of the city's affairs as the council may prescribe. state constitution, and except as forbidden by it IHe may be designated to act as secretary of the or by state law, the council shall have full power council and also as treasurer. The council may by to provide by ordinance for a system of local I ordinance abolish offices which have been created taxation. This authority includes the power by by ordinance and it may combine the duties of ordinance to assess, levy, and collect taxes on all various offices as it may see fit. subjects or objects of taxation except as limited or prohibited by the state constitution, by this Sec. 6.05. Purchases and contracts. The city charter or by laws imposing restrictions upon the manager shall be the chief purchasing agent of city irrespective of charter provisions. the city. All city purchases and contracts shall Ibe made or let by the city manager when the Sec. 7.04. Submission of budget. Annually amount involved does not exceed $_ All the city manager shall submit to the council his 1 other purchases shall he made and all other con-recommended budget in accordance with a budget tracts let by the council after the recommendation calendar to be established by ordinance or, in the of the city manager has first been obtained. Con- absence of ordinance, by September 1 . tracts shall be made in compliance with the un- iform contracting law, and whenever competitive The budget shall provide a complete financial Ibids are required, the contract shall be let to the plan for all city funds and activities for the ensuing lowest responsible bidder. All contracts, bonds, fiscal year and,except as required by law or charter, Iand instruments of any kind to which the city shall be in such form as the manager deems desir is a party shall be signed by the mayor and the able or the council may require. It shall include I city manager on behalf of the city and shall be a summary and show in detail all estimated income executed in the name of the city. The council and all proposed expenditures, including debt may by ordinance adopt further regulations for service and comparative figures for the current Ithe making of bids and the letting of contracts. fiscal year, actual and estimated, and the preceding fiscal year. In addition to showing proposed CHAPTER 7 expenditures for current operations, it shall show TAXATION AND FINANCES proposed capital expenditures to be made during - 7 - I Ithe year and the proposed method of financing ducted as to give interested citizens a reasonable each such capital expenditure. For each utility opportunity to be heard. The council may revise operated by the city, the budget shall show an- the proposed budget but no amendment to the ticipated net surplus or deficit and the proposed budget shall increase the authorized expendi- method of its disposition; and subsidiary budgets tures to an amount greater than the estimated for each such utility giving income and expenditure income. The council shall adopt the budget not information shall be included or attached as ap- later than the first week of October by a resolu- Ipendices. The total proposed operating budget tion which shall set forth the total for each bud- to be provided from the property tax shall not geted fund and each department with such segre- Iexceed the amounts authorized by law and this gation as to objects and purposes of expenditures charter. Consistent with these provisions, the as the council deems necessary for purposes of ' budget shall contain such information and be in budget control. The council shall also adopt a re- the form prescribed by ordinance and by law. solution levying the amount of taxes provided in the budget and the clerk shall certify the tax re- 1 Sec. 7.05. Capital improvement program. solution to the county auditor in accordance with The manager shall prepare and submit to the law not later than October 10. Adoption of the Icouncil a recommended five-year capital improve- budget resolution shall constitute appropria- ment program no later than June 1 each year. tions at the beginning of the fiscal year of the 1 The capital improvement program shall include sums fixed in the resolution for the several Pur- a list of all capital improvements proposed to poses named. be undertaken during the next five fiscal years, Iwith appropriate supporting information as to the Sec. 7.07. Enforcement of the budget. The I necessity for such improvements, cost estimates, city manager shall enforce strictly the provisions method of financing and recommended time of the budget. He shall not authorize any pay- schedules for each such improvement; and the ment or the incurring of any obligation by the Iestimated annual cost of operating and main- city unless an appropriation has been made in the taining the facilities to be constructed or acquired. budget resolution and there is a sufficient unex- IThis information shall be revised and extended pended balance left after deducting the total past each year for capital improvements still pending expenditures and encumbrances against the ap- or in process. The council shall hold a public propriation. No officer or employee of the city I hearing on the capital improvement program shall place any order or make any purchase except and adopt it with or without amendment no for a purpose and to the amount authorized in later than August 15. the budget resolution. Any obligation incurred by any person in the employ of the city for any Sec. 7.06. Council action on budget. The budget purpose not authorized in the budget resolu- -- shall be considered at the first regular monthly tion or for any amount in excess of the amount meeting of the council in September and at sub- authorized shall be a personal obligation upon the sequent meetings until a budget is adopted for person incurring the obligation. No check shall the ensuing year. The meetings shall be so con- be issued or transfer made to any account other -8 - I I. than one owned by the city until the claim to Sec. 7.11. Anticipation certificates. At any time which it relates has been supported by an itemized after January 1 the council may issue certificates I. bill, payroll, or time-sheet or other document ap- proved of indebtedness in anticipation of state and federal and signed by the responsible city officer aids and the collection of taxes levied the previous who vouches for its correctness and reasonable- year for any fund and not yet collected. The total Iness. amount of certificates issued against any fund for any year together with interest thereon until ISec. 7.08. Alterations in the budget. After the maturity shall not exceed the total of state and budget resolution has been adopted, the council federal aids and current taxes due to the fund and Ishall not increase the amounts fixed in the re- uncollected at the time of issuance. Such certifi- cates shall be issued on such terms and conditions Ito the extent that actual receipts exceed the as the council may determine, but they shall be- estimate. At any time the council may, by resolu- come due not later than April 1 of the year follow- tion approved by a majority of its members, re- ing their issuance. The proceeds of the tax levied 1 duce the sums appropriated for any purpose by and such state or federal aids as the governing the budget resolution or authorize the transfer body may have allocated for the fund against Iof sums from unencumbered balances of appro- which tax anticipation certificates are issued priations in the budget resolution to other pur- and the full faith and credit of the city shall be I poses. irrevocably pledged for the redemption of the certificates. Sec. 7.09. Funds. There shall be maintained in I the city treasury a general fund and such other Sec. 7.12. Emergency debt certificates. If in funds as may be required by statute, ordinance, any year the receipts from taxes or other sources or resolution. The council may, by ordinance should from some unforeseen cause become in- or resolution, make inter-fund loans, except from sufficient for the ordinary expenses of the city, Itrust and agency funds, as it may deem necessary or if any calamity or other public emergency and appropriate. necessitates the making of extraordinary expendi- ' tures, the council may by ordinance issue on such Sec. 7.10. City indebtedness. Except as provided terms and in such manner as the council deter- in Sections 7.11 and 7.12, no obligations shall be mines emergency debt certificates to run not to issued to pay current expenses, but the council exceed three years.A tax sufficient to pay principal may issue and sell obligations for any other muni- and interest on such certificates with the margin Icipai purpose in accordance with law and within required by law shall be levied as required by law. the limitations prescribed by law. Except in the The ordinance authorizing an issue of such emer- Icase of obligations for which an election is not gency debt certificate shall state the nature of the required by this charter or by law, no such obli emergency and be approved by at least five mem- ' gations shall be issued and sold without the ap- proval tiers of the council. It may be passed as an emergency of the majority of the voters voting on the ordinance. question at a general or special election. 9 - I I CHAPTER 8 city shall proceed according to Minnesota Statutes, PUBLIC IMPROVEMENTS AND SPECIAL Chapter 117 or other applicable law. ASSESSMENTS ICHAPTER 10 Sec. 8.01. Power to make improvements and FRANCHISES Ilevy assessments. The city may make any type of public improvement not forbidden by law and Sec. 10.01. Franchises required. Except as levy special assessments to pay all or any part of otherwise provided by law, no person, firm, or I the cost of such improvements as are of a local corporation shall place or maintain any permanent character. The total assessments for any local or semi-permanent fixtures in,over, upon, or under ` improvement may not exceed the cost of the any street or public place for the purpose of improvement, including all costs and expenses operating a public utility or for any other pur- Iconnected therewith, with interest. No assess- pose, without a franchise therefor from the city. ment shall exceed the benefits to the property. A franchise shall be granted only by ordinance, Iwhich shall not be an emergency ordinance. Every Sec. 8.02. Assessments for services. The council ordinance granting a franchise shall contain all I may provide by ordinance that the cost of city the terms and conditions of the franchise. The services to streets, sidewalks, or other public or grantee shall bear the costs of publication of the private property may be assessed against property franchise ordinance and shall make a sufficient Ibenefited and collected in the same manner as deposit with the clerk to guarantee publication special assessments. before the ordinance is passed. ISec. 8.03. Local improvement p procedure. Sec. 10.02. Term. No exclusive or perpetual IWhen the city undertakes any local improvement franchise shall ever be granted. No franchise for to which the state local improvement code applies, a term exceeding twenty years shall be effective it shall comply with the provisions of that law. The until approved by a majority of the electors I council may by ordinance prescribe the procedure voting thereon. to be followed in making any other local improve- Iment and levying assessments therefor. Sec. 10.03. Public hearing. Before any franchise ordinance is adopted or any rates, fares, or prices ICHAPTER 9 to be charged by a public utility are fixed by the EMINENT DOMAIN council, the council shall hold a public hearing on the matter. Notice of such hearing shall be pub- !' 9.01. Acquisition of property. The city lished at least once in the official newspaper not may acquire, by purchase, gift, condemnation, less than ten days prior to the date of the hearing. I or otherwise, any property, either within or without its boundaries, that may be needed by the Sec. 10.04. Power of regulation reserved. Sub- ' city for any public purpose. In acquiring property ject to any applicable law the council may by or- by exercising the power of eminent domain, the dinance reasonably regulate and control the I - 10 - I Iexercise of any franchise, including the maximum scribe penalties for violation of such regulations. rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valua- Sec. 11.03. Lease of plant. The council may by Ition of the grantee's property in regulating utility ordinance contract with any person, firm, or rates, fares, or prices under any applicable law, corporation for the operation of any municipal Iordinance, or regulation or in proceedings for utility for a term not to exceed ten years. Such municipal acquisition of the grantee's property by ordinance shall not be an emergency ordinance. I purchase or eminent domain. Sec. 11.04. Sale of public utility. No public Sec. 10.05. Renewals or extensions. Every utility owned by the city shall be sold or otherwise Irenewal or modification of a franchise, including disposed of by the city unless the full terms of an existing franchise, shall be subject to the same the proposition 9f sale or other disposition are Ilimitations and shall be granted in the same manner embodied in an ordinance approved by a majority as a new franchise. of the voters voting thereon at a general or special Ielection. Any sale, lease or abandonment of a CHAPTER 11 water works or light plant shall be subject, in I PUBLIC OWNERSHIP AND OPERATION OF addition, to the requirements of state law. UTILITIES CHAPTER 12 ISec. 11.01. Acquisition and operation utilities. GENERAL PROVISIONS The city may own and operate any water, gas, light, power, heat, telephone, transportation Sec. 12.01. Official publication. The council or other public utility for supplying its own needs shall annually at its first meeting of the year Ifor utility service or for supplying utility service to designate a legal newspaper of general circulation private consumers or other governmental agencies. in the city as its official newspaper in which shall I It may construct all facilities reasonably needed for be published ordinances and other matters required that purpose and may acquire any existing utility by law to be so published as well as such other properties so needed. The city shall not acquire matters as the council may deem it in the public Ior construct any public utility unless the pro- interest to have published in this manner. position to acquire or to construct it has been Iincorporated in an ordinance and adopted by the Sec. 12.02. Oath of office. Every elected or council. Such ordinance shall not be an emergency appointed officer of the city shall, before entering Iordinance. upon the duties of his office, take and subscribe an oath of office in substantially the following I Sec. 11.02. Regulations and rates. The council form; "I do solemnly swear (or affirm) to support may by ordinance fix rates, fares, and prices for the constitution of the United States and of this any municipal utility, prescribe the time and man- state and to discharge faithfully the duties de- Iner of payment for any such service, make such volving upon me as . . . (title of office) of the other regulations as may be necessary, and pre- city of _ to the best of my judg- ment and ability." - 11 - 1 Sec. 12.03. Official bonds. The city manager, Such vacation may be made only after published 1 the city clerk, the city treasurer, and such other notice and an opportunity for affected property • officers or employees of the city as may be speci- owners and public to be heard, and upon such Ified by ordinance shall each, before entering upon further terms and by such procedure as the council , the duties of his respective office or employment, by ordinance may prescribe. A notice of corn- ' give a corporate surety bond to the city as security pletion of such proceedings shall be filed with the for the faithful performance of his official duties proper county officers in accordance with law. I and the safekeeping of the public funds. Such bonds shall be in such form and amount as the Sec. 12.07. City to succeed to rights and ob- council determines and may be either individual ligations of former city. The city shall succeed i or blanket bonds in the discretion of the council. to all the property, rights, and privileges, and They shall be approved by the city council and shall be subject to all legal obligations of the filed with the city clerk. The provisions of state city under the former charter. laws relating to official bonds not inconsistent with this charter shall be complied with. The Sec. 12.08. Existing ordinances continued. premiums on such bonds shall be paid by the All ordinances and regulations of the city in force city. when this charter takes effect and not incon- sistent with this charter are continued in full Sec. 12.04. Official interest in contracts. Except force and effect until amended or repealed. as otherwise permitted by law, no officer of the city who is authorized to take part in any manner Sec. 12.09. Pending condemnations, improve- ' in any contract with the city shall voluntarily have ments and assessments. Any condemnation, im- a personal financial interest in or personally provement, or assessment proceeding in progress Ibenefit from such contract. when this charter takes effect shall be continued and completed under the laws under which such Sec. 12.05. Sale of real property. No real pro- proceedings were begun. All assessments made 1 perty of the city shall be disposed of except by by the city prior to the time when this charter ordinance. The net cash proceeds of any sale of the takes effect shall be collected as if this charter Iproperty shall be used to retire any outstanding had not been adopted. indebtedness incurred by the city in the acquisition or improvement of the property. Any remaining Sec. 12.10. Ordinances to make charter effec- net proceeds shall be used to finance other im- tive. The council shall by ordinance, resolution, provements in the capital improvement budget or other appropriate action take such steps as or to retire any other bonded indebtedness. may be necessary to make effective the provisions of this charter. ISec. 12.06. Vacation of streets. The council may ray ordinance approved by at least five mem- Sec. 12.11. Present officers continued. The Ibers of the council vacate any street or alley or present officers of the city shall continue in their other public grounds thereof within the city. respective offices and functions and shall continue 111 - 12 - ,• to govern the city under the laws and charter has been set up under this charter, and they shall previously in effect until the officers provided make provision for the election of the first city '• for by this charter have been elected and qualify. council as provided in Chapter 4 of this charter. They shall make such financial and other pro- ' visions for the fiscal year 19 ____ as will serve Sec. 12.12. This charter becomes effective to carry on the government until a government ___ �, 19 1 • • - 13 I 100a.5 (Supplement) July, 1977 SOME COMMENTS ON THE MODEL CHARTER FOR MINNESOTA CITIES tContents Page General Comments 1 ' Section by Section Comments 1 Omissions from Charter 14 Appendix A - Alternative Provisions for a Strong Mayor-Council Plan 17 ' Appendix B -Alternate Plan for City Administrator under the Council 20 Appendix C - Alternate Plans for Electing Councilmen 21 ' Appendix D -Selected League Memos of Interest to Charter Commissions 25 1 I I r SOME OM COMMENTS ON THE MODEL CHARTER FOR MINNESOTA CITIES 1. General Comments Section by Section Comments , The model charter is based on the modern Section 1. Name and boundaries. Boundaries I drafting principles that a charter should deal may not be changed by charter in Minnesota. only with fundamentals, leaving to the council For reference some charters contain a statement by ordinance the authority to provide more of the existing boundaries of the city, but because I detailed regulations as they are needed. It is, annexations change boundaries frequently, such therefore, much briefer than many older charters. a statement becomes quickly out-of-date and may be misleading. The model charter provides for the council- I manager plan of government since this form is To make the existing boundaries readily avail- able to responsive and provides for efficient able to the public, some charter commissions may management. There are included in Appendix wish to consider adding a provision like this one, I A and B of these comments provisions and sug- slightly adapted from Oregon model charter: "The gestions by which strong mayor arid administrator city clerk shall keep in his office at least two plans may be substituted. Charter commissions copies of this charter with amendments and in I interested in still other plans may obtain on loan each copy he shall maintain an accurate, up-to- from the League copies of Minnesota city charters date description of the boundaries. The copies containing these variations. and descriptions shall be available for public inspection at any time during regular office hours." I One of the principal virtues of the home rule charter mechanism is that it permits each city to Sec. 1.02. Powers of the city. Older charters tailor-make its charter to its own individual needs relied on a long list of specific grants in vesting I and desires. The model charter should be used, power in the city, hut almost all charters recently therefore, only as a guide. Used with these corn- adopted in this state have included only a broad ments, it can provide charter commissions with general grant such as contained in this section. ._ I a checklist of sample provisions and questions Such a grant is based on the theory that the about policy alternatives. city should lay claim in its charter to all powers which the home rule provision of the constitu- Each section of the charter is commented on tion permit the city to assume. It thus permits I individually in this memorandum. Following the city to meet new problems as they arise with- these section-by-section comments are appendices out the need for a charter amendment granting dealing with strong mayor and administrator plans the specific needed power and it avoids the•pos- and alternative methods of electing councilmen. sibility that by inadvertent omission or ambiguity, A list of supplementary memos available from more specific grants would be held to deny to the the League is also appended. city power which it might have lawfully assumed. Such an omnibus clause is also included in the I Numbering System. Under the decimal num- National Municipal League's model charter. boring system used in this charter, each section in a particular chapter has the number of the The all-powers grant assumes that restrictions I chapter followed by a decimal system and the will be made as needed in other sections dealing section number, the latter moved to the second with particular matters and that the broad power place in the case of the first nine sections. This left to the council to implement charter provisions --- - I has the advantage not only of indicating to what by ordinance will permit the addition of specific chapter a section belongs but of allowing amend- restrictions as needed. ments to be placed more easily in their logical position in the charter. If the charter commission Minnesota Supreme Court decisions generally I prefers not to use this system, it should number have given a liberal construction to all-powers the sections consecutively from beginning to end. grants in city charters. Park v City of Duluth, 134 To facilitate easy reference, it is best to avoid Minn. 296, 159 N.W. 627 (1916);State ex re. Zien I the older practice of starting each chapter with v. City of Duluth, 134 Minn. 355, 159 N.W. 792 section 1. (1916), City of Duluth v. Cerveny, 218 Minn. 551, 1 - 1 - I I 16 N.W. (2d) 179 (1944); see 7 Minn. Law Rev. this enterprise from the control of the council 306.321. The strong statement of intent found in the mo Ica charter section should be adequate to and manager seriously curtails the power to direct, coordinate, and set comprehensive policy. Few assure that the omnibus grant gives the city all cities consider a utility commission where the I municipal power that it might receive through only municipal utilities are water and sewer system. more specific grants. , Sec. 2.03. Council composition and election. I Sample charter provisions containing a fuller The size of the council should he adjusted to the statement of municipal power are available to size and needs of the city; smaller cities may pre- charter commissions on request. fer a five-man council (the size provided by law for statutory cities and in over half the charter cities) ISec. 2.01. Form of government. Any basic while larger cities may wish to increase the size form of government astrongorweak mayor council beyond the suggested seven. About a quarter of form, the commission plan, or the council-manager Minnesota's home rule cities have seven members; ! I form--may be validly included in a home rule only about three have as many as 11. charter in Minnesota. The commission plan,which enjoyed a brief period of great popularity in the Many councils serve for two-year terms. Fixing I first two decades of the present century, is now the councilmen's term at that length requires largely passe; it has not been adopted in any either a shift to annual elections or abandonment Minnesota city since the 1914 St. Paul charter, of the principle of overlapping terms. If all members and has now been abandoned by all but one are elected at the same time, the chances that I Minnesota city. Modifications in the model winning candidates will receive only a plural- charter to substitute a strong mayor council ity of the votes arc substantially increased. One plan for the council-manager form are included method of meeting this problem, often discussed I in Appendix A of these comments. but seldom used, is the so-called "alley" or "place" system (the plan used for electing judges) under It is not essential that there be a section like which each council seat is separate from the I this in the charter since the form is spelled out others for purposes of filings and election. See more explicitly throughout the charter, but the Appendix C. If the city already has four-year section may he helpful both in informing the overlapping terms, the exception in the second . voters and in showing the general intention of the sentence may be omitted. I charter commission with reference to the form of government. While a two-year term for mayor is more common in Minnesota among charter cities and is the I Sec. 2.02. Boards and commissions. This section also states one of the major principles of the general pattern among statutory cities, the trend is toward longer terms for both mayors and council- council-manager plan that all power is vested in men. A few cities with a complete four-year term the city council and that this power should not pattern elect all councilmen and the mayor once I be diluted by the establishment of independent every four years. To avoid the possibility of too boards with administrative powers over particular drastic a turnover at any election, the model functions. Health and library boards are specifi- follows the mare common overlapping term I cally mentioned since these are provided for pattern. every city by statute; presumably by charter the city may determine to handle these functions The model provides for electing all councilmen III through the council instead. Many council-manager at large. There arc disadvantages to both the at- cities in the state have so provided. A similar pro- large and district or ward systems; the smaller vision is included in the council-manager plan the city the more the advantages on balance favor sections of the code relating to non-home rule the at-large system. A League memorandum on I cities. the comparative advantages of the two systems is available to charter commissions on request. While a few cities with administrative utility I commissions have retained them when adopting Alternate provisions for a ward system and for council-manager charters,, it is more consistent a combination at large-ward system are included , with that plan to convert such a commission into in the Appendix C. an advisory one. The utility function is an impor- I taut one that involves, in a city with a municipal Sec. 2.04. Incompatible offices. This prohibi- gas or electric system, a significant part of the tion is not required by law but the substance is city's budget, property, and personnel. To divorce included in many charters. The National Munici- I - 2 - . • I pal League model charter extends the one-year annual state-of-the-city message. 1' prohibition to any compensated appointive city office or employment. About half the council-manager cities in the United States provide for council selection of I Sec. 2.05. Vacancies. If the charter commission the mayor from council members. No Minnesota prefers to rely on the state statute setting out council-manager city has followed this practice. grounds for a vacancy in public office, which is There is apparently nothing in the constitution I not otherwise binding on a city with a different to prevent it, though it might be argued that chat ter provision, it may substitute the following the statutes imply the direct election of the mayor. for the first sentence: "An elective office becomes (Minn. Stats., Secs. 410.07, 410.16.) The model I vacant upon the occurrence of any one of the charter of the National Municipal League begins conditions stated in Minnesota Statutes, Section 351.02." The grounds stated in the suggested this section of the charter with the provision, "The council shall elect from its members officers charter provision parallel the statute but are not of the city who shall have the titles of mayor I identical. and deputy mayor, each of whom shall serve at the pleasure of the council." (The deputy mayor Where neglect of duties for a prolonged period is the equivalent of the president pro tern in the I may be a problem, the charter commission may Minnesota model.) If this approach is used, the wish to add as additional clauses provisions like section on the elective officers of the city (2.03) these appearing in some charters: "is continuously should be modified accordingly. absent from the city for more than three (?) months, I fails to perform any of his duties for more than Sec. 2.07. Salaries. Minn. Stats., Sec. 415.1"I, three (?) months." The last clause is not self permitting the council to fix the salaries of mayor administering and the council declaration of a and councilmen by ordinance with certain res- 1 vacancy in such a case may be tantamount to re trictions applies to home rule charter cities. The re- moval from office. Some charters include an existence of the statute is recognized by this sec- additional section authorizing the council to tion. There is no statute regulating the compensa- ' remove an elective officer for stated causes. tion of administrative officers and employees. If four-year terms are provided, some charter Sec. 2.08. Investigation of city affairs. The - commissions may wish to subject an appointee state law provides for an audit by the state auditor I to the election process if the term still has two (formerly by the public examiner) only on request years to run when the next election comes along. of the council or on petition of freeholders. In If this is desired, the last sentence should be re- line with good accounting practice, this section I written somewhat as follows: "In each such case requires an annual audit; however, it leaves to the council shall by resolution declare the vacancy the council the determination of whether the to exist and shall forthwith appoint a qualified audit should be made by the state or by a public voter to fill the vacancy. If the unexpired term is accountant. Some charters limit the latter to I more than 28 months, the appointee shall serve certified public accountants. only until the day for commencement of new terms of office following the next municipal Sec. 2.09. Interferences with administration. I election and until his successor is chosen at that The restrictions imposed by this section are in election for the unexpired term." If this alternative tended to preserve the manager's freedom in is adopted, it will be necessary to require that administrative matters in line with accepted I persons filing for councilman, if the vacancy council-manager principles. Like the National was in that office, indicate which term is being Municipal League model charter, the provision sought since councilmanic offices for the full recognizes the councilmen's role in discussion, term will also be on the ballot. criticism, and advice with reference to appoint- , ments and removals. Sec. 2.06. The mayor. Consistent with the council-manager plan, this section contemplates Earlier charters attempted to impose penalties, I that the mayor will be the ceremonial head of the including removal from office, for councilman city and preside over the council but otherwise interference in administrative -matters, but these will have no duties except as a council member. have been found unrealistic; they have now been I Some recent council-manager charters have at- dropped from the NML model. tempted to build up the mayor's role as political leader by provisions directing the mayor to make Sec. 3.01. Council meetings. The requirement recommendations to the council, including an for public meetings ties in with Minn. Stats., I - 3 - I Sec. 471.705. Otherwise, charter provisions on (5) Regulate the rate charged for its services I regular and special meetings are not restricted by a public utility; by statute. Since the statute is likely to be amended with some frequency, it has seemed desirable (6) Authorize the borrowing of money; I merely to recognize its existence in the charter rather than to set it out explicitly. The Minnesota (7) Conveyor lease or authorize the conveyance Supreme Court has indicated that the open meeting or lease of any lands of the city; I law requires that an attempt should be made to • notify the public in such a manner as the circum- {8) Adopt with or without amendment ordi- stances permit. Published notice is not required, nances proposed under the initiative but if it is not given, posted notice seems essential, power;and I (Sullivan v. Credit River Township, 299 Minn. 170, 217 N.W. 2d 502 (1974). if there are two other (9) Amend or repeal any ordinance previously places where notices are customarily posted in adopted, except as otherwise provided . . . I addition to the city hall, these might be appro- with respect to repeal of ordinances re- priately specified in the rule. It also seems de- considered under the referendum power. sirable, in the light of the court decision and its rationale, to include a requirement in the rule Acts other than those referred to in the pre- , that written notice of a special meeting be given to the communications media. Since the public ceding sentence may be done either by ordinance or by resolution." meeting law applies to committee meetings, I adequate notice must be given of them, too. The provision in Sec.3.04 requiring the recording of votes in accordance with statute is intended Sec. 3.02. Secretary of council. The city clerk to refer to the public meeting statute. Since that I acts as council secretary in almost all Minnesota statute has already bee ► amended twice since cities, but the model permits the use of another its adoption in 1957, it has been thought advisable officer or employee in the case of special circum- not to include it in the charter, thus avoiding having stances. There are no statutory requirements. the charter provision quickly outdated by amend- , merit of the law. On the other hand, the charter • Sec. 3.03. Rules of procedure and quorum. commission may prefer setting it out so that the - This is a standard provision. public and city officials can see in the charter I what the applicable statutory requirements are. Sec. 3.04. Ordinances, resolutions, and motions. If this is the case, the following may be.substituted if the charter commission desires a more explicit for the second sentence of this section: I provision on what must be done by ordinance, it might consider the comparable provision of the "The votes of the members on any action shall NML model charter,Section 2.12: be recorded. The vote of each member shall be recorded on each appropriation of money, except. "In addition to other acts required by law or for payments of judgments, claims, and amounts by a specific provision of this charter to be done fixed by statute." by ordinance, those acts of the city council shall I be by ordinance which: Sec. 3.05. Procedure on ordinances. There are no statutory requirements on the subject matter (1) Adopt or amend an administrative code of this section. The state constitution requires I or establish, alter or abolish any city de- three readings on state laws and has a requirement partment, office or agency; that a state law must deal with a single subject expressed in its title. Some commissions may wish (2) Provide for a fine or other penalty or to require three readings on ordinances. Note Iestablish a rule or regulation for viola- that there are exceptions for emergency ordinances tion of which a fine or other penalty is in the next section. Even without a charter require- imposed; merit, some councils provide for three readings I by council rule. (3) Levy taxes, except as otherwise provided in Article V with respect to the property Sec. 3.06. Emergency ordinances. This section I tax levied by adoption of the budget; is intended to take care of those rare situations where there isn't time to meet the usual proce- dural requirements in adopting ordinances. The 1 -4- i I stricter the usual requirements (e.g., three readings (Minn. Stats., Sec. 487.35.) No court may be over three weeks), the more necessary the emer- established by charter. gency procedure. The uniform election day law allows any city ' While the council's declaration of emergency to use the November date set out here as its is given some weight, the council may not, under election date, and a number of cities hold their such a provision as this, use the emergency clause election on that date.The alternative usually chosen I when there is no emergency. in new charters is the first Tuesday after the first Monday in even-numbered years, thus combining Sec. 3.07. Procedure on resolutions. Since the municipal election with state and national I there is no statute restricting the adoption of elections. resolutions, the charter commission is free to provide what it wishes. Usual practice is to permit Those who favor a separate election argue that resolutions to be adopted at the same meeting (1) voters are likely to be better informed on I at which they are introduced. city candidates and issues; (2) focusing attention on municipal problems is much easier when the Sec. 3.08. Signing and publication of ordinances city election is held separately; (3) consolidated I and resolutions. Again there are no statutory elections may encourage partisanship at the local requirements, except that a state law (Minn. Stats., level; and (4) in a city using paper ballots, ballot Sec. 471.62) permits the adoption of statutes, counting errors are minimized when a separate regulations, codes and certain ordinances by election is held. I reference, as the last sentence recognizes. Those who favor combining the city election Sec. 3.09. When ordinances and resolutions with state and national election argue that (1 ) I take effect. A standard provision; not regulated there will be a much greater participation in by statute. The time interval for ordinary ordi- city elections by the voters; and (2) the expense nances should be long enough to permit circula- of conducting city elections will be substantially I tion of a referendum petition before the effective reduced. The smaller the turnout and the smaller date, if a referendum provision is included in the the interest at separate city elections, the stronger charter. If initiative and referendum provisions the argument for the combined election--and vice are omitted from the charter, the last sentence versa. These arguments are discussed more fully I of this section should be deleted. in a League memo cited in Appendix D. Since arguments for separating local and state-national Sec. 3.10. Amendment and repeal of ordinances elections seem stronger in larger cities, which also I and resolutions. This provision follows legisla- tend to be the home rule charter cities, the model tive practice. Without some such provision, neither suggests the odd-year date. The statutory code for municipal officials nor the public will find it very cities without home rule charters uses even-year I easy to read a proposed amendment and know elections as the standard pattern with an odd-year what it does to the existing ordinance. There is option, but these cities typically are small. no statutory requirement on the subject. Separating the city election by holding it in the I Sec. 3.11. Revision and codification of ordi- spring gives rise to the above arguments, too, but nances. This section is substantially the same as in this case there are some additional considera- an enabling statute (Minn. Stats., Sec. 415.02). tions involving the relation to the tax and budget I It is included in the charter for completeness year. Proponents of the spring election argue but may be omitted and reliance placed on the that if it is combined with a Fiscal year commencing statute. a short time before the election, there will be a completed fiscal year the report on which can be Sec. 4.01. The regular municipal election. of interest to candidates and voters. Furthermore, If the city wishes to continue to elect a justice the new council will have to operate under the old _ of the peace, the charter commission may add council's tax levy decisions for shorter time (at I at the end of the section: "At the regular election least six months) than if the November date is there shall be elected, in addition to the mayor used and councilmen take office in January. If and councilmen, one justice of the peace for a the calendar year is used as the fiscal year, the I two-year term." This is possible under the county same is true of the current budget. Proponents of court law only if the county court does not hold the fall election minimize the budget argument, regular sessions in the city or has not establish- pointing out that the council has discretion over ed an ordinance or traffic violations bureau there. only a very small part of the budget; fixed charges - 5 - I I (e.g., debt retirement), incremental changes like ment or a nominal one. The NWIL model charter salary increases and inflation, and tax limitation suggests alternative provisions; a sponsor-deposit laws, all leave so little for council discretion that method in which ten petitioners act as sponsors I it is not important that the new council must live and the candidate must post a deposit which is under the old council's budget for a longer time refundable if the candidate withdraws or fails when fall elections are held. A fall odd-year elec- to secure a specified percentage of the vote; and tion means that the voters are asked to go to the a long petition method in which the candidate I polls only once every 12 months. Furthermore,the must have petition signers equal to one per cent calendar year has become almost standard as the of the last vote for governor. fiscal year in Minnesota (including all of the non- I home rule charter cities)and this is more practicable •with a November election. If the charter commission wishes to consider a petition requirement, here is a brief sample provision: I Practice among Minnesota home rule cities is widely split. About 38 of the 99 home rule charter "Sec.4.03. Nominations by petition. All elective cities hold elections from February to July, mainly officers provided for by this charter shall be nomi- in March through May. Of the rest, 11 hold their nated by petition. The name of any voter of the I elections in December, the others in November. city shall be printed upon the ballot as a candi- date of the last still hold annual elections and date for an office whenever a petition signed by the others are almost evenly split between even a number of voters equal to at least per I and odd years. cent of the total number of votes cast at the last regular municipal election has been filed with the Annual elections seem unnecessarily frequent, city clerk in his behalf at least two weeks before though this is still the pattern in more than 30 the election and a filing fee of $ has been Icities. They do have the advantage of permitting paid. No elector shall sign petitions for more candi the use of overlapping terms of two or three years. dates for any office than the number of persons Overlapping terms can be provided with biennial to be chosen for that office at the election;should ' elections only by going to four-year terms, now the pattern in Minnesota's non-home rule cities he do so, his signature shall be valid only as to the first petition or petitions filed. The form of (about 755), which all hold November elections. the nomination petition shall be prescribed by the ' council or, in the absence of council action, by Sec. 4.02. Special elections. The subject is the clerk." covered by state law, Sec. 205.10,and can be omit- ted from the charter if desired. It is included for A more stable figure can be obtained by basing I the sake of completeness. the petition requirement upon the number of registered voters at the time the petition is filed. Sec. 4.03. Filing for office. The state law (Secs. I 205.13, 205.15), applicable in the absence of a As in most of the larger cities, a primary election charter provision, provides for filing for office may be held to limit the number of candidates and fixes the fee at $20 in first class cities, $5 from whom the voters finally make their choice. in second and third class cities, and $2 in fourth As long as the charter does not prohibit or provide Iclass cities. The appropriate figures may be changed for a primary election,the council may by ordinance by local charter. or resolution provide under Minnesota Statutes, Section 205.11 for a primary election to held I Under the Minnesota Constitution, any voter at least two weeks before the municipal election. 21 years old or older may hold local elective An appropriate section may be added either fixing office. the date or authorizing the council to fix the date I at least a prescribed minimum period before the Some charters provide for getting candidates regular election. Aboutathird of Minnesota's home on the ballot by petition (nomination by petition). rule charter cities have primary election provisions Sometimes the petition requirement is minimal— in their charters. A simple provision for a primary ten voters, for example; in other cases it may be might read as follows: substantial enough to discourage insincere or "Sec. Primary Elections. On a Tuesday publicity-seeking candidates. Experience in the I particular city should indicate whether or not at least four weeks in advance of the regular mani- a petition requirement serves a sufficiently use- cipal election as determined by the council, there ful purpose to justify its inclusion. Generally, Minnesota cities either have no petition require- shall be a primary election for the selection of two I -6 - I nominees for each office to be filled at- the muni- containing initiative and referendum provisions. 1 cipal election,unless no more than twice the number The recall provides a mechanism for shortening the term of an incumbent in cases of strong voter of candidates to be elected file for any elective dissatisfaction. A special election is held after the filing of a petition, usually with a more difficult office." signature requirement than for an initiative or re- If a primary election is provided by charter, ferendum petition,and, if a majority votes to recall 1 the challenged candidate, he is recalled from office the concluding clause of Sec. 4.03 ("or, if there and another candidate is chosen by the voters to is no primary election, on the municipal election replace him. ballot") should be omitted. Sec. 4.04. Procedure at elections. This section The Minnesota Supreme Court has held that permits the council by ordinance to add sup- recall is a form of removal and a constitutional I plementary provisions for local elections and even, provision (Art. XIII, Sec. 2) limits recall elections where the state law is not binding, to supersede to those cases where there is malfeasance or non- state law by different provisions. In general, how- feasance in office. Jacobsen v. Nagel, 255 Minn. ever, the intent is to rely on state law wherever the 300, 96 N.W. 2d 596 (1959). So viewed, recall I city can do so. In practice this is what has happened seems impractical since the council cannot be in the Minnesota cities with similar charter pro- compelled to call a recall election unless the visions. grounds stated do constitute malfeasance or non- ' feasance, often not something which can be Chapter 5. Initiative and referendum. These tested by the election process. No provisions devices for popular control over legislation and for recall have been included in the model for elective officials came into city government mainly this reason. I with the introduction of the commission plan and the council-manager plans early in this century. Sec. 5.01. Initiative and referendum. This They have been adopted by about a third of section should be recast, of course, if either of I Minnesota's home rule charter cities, including these devices is omitted. most of the cities with recent charters. While many people oppose the use of these devices as Sec. 5.02. Petitions. The charter commission I being inconsistent with representative government, may wish to base the percentage on the number of others strongly favor them as providing checks registered voters. The permanent registration on councils and levers for accomplishing pro- percentage should, of course, be half or less that grams with broad popular support where city offi- which is appropriate when the last vote for mayor I cials or the governing body are reluctant to take is used. In either case, the figure should be sub desired action. A few charters provide for the stantial. The NML model suggests 15% of the referendum, by which an election test can be number of registered voters at the time of the last I secured on an ordinance which is widely ques- election. tioned, but not the initiative, by which the people can initiate legislation and secure its passage by Use of a sponsoring committee is suggested I the election route in the face of council objection. so that there are people to whom the clerk may turn in case of questions or insufficiency. The Most experts would agree that if these devices committee is also given authority to approve an are authorized by charter, they should be used amended ordinance to avoid an election under I sparingly; the council should not be by-passed later sections. or over-ruled by the initiative or referendum ex- cept in extreme cases. Consequently, procedural Sec. 5.03. Determination of sufficiency. The I requirements, particularly those for petitions, number of days should be related to the amount should be difficult--though not, of course, impos- sible. of work required in the particular city; perhaps a shorter time may be sufficient in a small city. I Experience in Minnesota indicates that initiative Sec. 5.04. Disposition of insufficient petition. and referendum provisions have been conceived The sponsoring committee should have a reasonable as safeguards against council inaction or abuse and time within which to make up insufficiencies but I have been used only sparingly in practice. the petition should not be allowed to dangle in- definitely. A third device for popular control, the recall, usually has, in the past, been included in charters Sec. 5.05. Initiative. The model permits the - 7 - I I council to make changes in the ordinance and still Sec. 6.01. The city manager. Consistent with avoid an election if the new version is not dis council-manager theory, this section makes clear approved by a majority of the sponsoring corn- that the manager serves at the pleasure of the I mittee. Often the proposed ordinance may be council and can be given no fixed term by con- poorly drawn and the improvement made by the tract or stipulation. To permit him to get his council amendments will be agreeable to the peti- side of the story before the public in case of tioners, all of whose objectives may have been removal, he is given the right to a hearing if he - I met by the ordinance as finally adopted. A 4/5 has already served for a year, but it is made clear or unanimous approval may be substituted if de- the council still has the unfettered right to remove sired. him after the hearing is held. ISome charter provisions forbid the council A requirement that the manager live within the from repealing or amending ordinances approved city after appointment can be added if desired. by the people under initiative and referendum The section follows the NML model in permit- I provisions and some would bind the council in ting the manager to live outside the city while this way for a brief period, like one year. Because in office only with the approval of the council. it is difficult to anticipate the effect of changes I of circumstances, it seems wiser not to put such Sec. 6.02.Powers and duties of the city manager. restrictions in the charter. Being a popularly This section gives the manager the necessary elected body, a council is very unlikely to change authority to carry out his responsibility as the I an initiated or referred ordinance unless the chief administrative officer of the city. A few change is clearly acceptable. cities provide for a chief administrative officer who is subject to greater control by the council, Some charters permit petitioners to force a such as a veto power over appointment of de- I special election if they sign in larger numbers than partment heads. A sample plan of this kind is required to force an election with council option outlined in an appendix. as to time--25 per cent 'instead of 20 per cent of I the voters, for example. No such provision is Sec. 6.03. Administrative organization. Some included in the model, which requires a special charters provide for incorporating material on election if a regular election is more than 120 administrative organization and procedure in a days away; the time may be lengthened if pre- comprehensive administrative code and, in some I ferred or the entire matter may be left to the cases, in order to give the code more stability, council. require an extraordinary majority to adopt or amend it. Under the model as drawn, the council The exemption of certain ordinances from the could provide such a comprehensive ordinance initiative and referendum follows the NML model. approach if it wished but no special procedural As the commentary on that charter states, "Neither restrictions would apply. Former versions of this I the initiative nor the referendum should be appli- model required the adoption of an administrative cable to the budget, capital program,any ordinance code, but the requirement was so often honored relating to the appropriation of money or the levy in the breach that it has been dropped. of taxes, or, of course, to salaries of city officers I or employees, for this would interfere with respon- Departmental organization is sometimes spelled ou Bible officials striving to achieve a properly balanced out in charters, particularly in larger cities. The long-range fiscal program." Charter commissions model assumes, however, that this should be left I may wish to consider adding other types of ordi- to subsequent council action. If departments nances to the list of exclusions, for example, some are to be established by charter, they should be persons have argued that zoning ordinance changes provided for in general terms without a detailed are not suitable vehicles for city-wide elections listing of functions of divisional organization. I under initiative and referendum provisions. Sec. 6.04. Subordinate officers. The model Sec. 5.06. Referendum. This has the same explicitly provides only for one administrative I exceptions as the section on the initiative. See the last comment. officer, the city clerk, in addition to the manager. There will be others in every city, but it seems desirable to leave the administrative structure as I Any requirement for a special election in cer- tain cases would be out of place in the referen- could be abolished or combined without restric- dum with the possible exception of a referendum tion. on an emergency ordinance. I - 8 - 1 Sec. 6.05. Purchases and contracts. Many Sec. 7.04. Submission of budget. The September I • Minnesota charters require that contracts in excess 1 date for submission of the proposed budget to of a stipulated amount may be made only after the council in the absence of a local budge;: calen- competitive bidding. The amounts are now speci- dar is suggestive; it gives the council about five fied by the uniform contracting law, Minn. Stats. weeks to consider and adopt the budget. If this Sec. 471.345 ff., and since those dollar amounts is not enough time, an earlier date can be sub- are subject to statutory change with inflation and stituted. More flexibility is given by authoriz- I changed conditions, it seems wise merely to refer ing the council to establish a budget calendar by to the law in the charter. ordinance. This is the approach taken in the 1970 St. Paul charter. Dates for earlier steps in the budget Older versions of this charter used as the maxi- process, such as the submission of budget recom- I mum figure for the manager's authority to make mendations by department heads to the manager, purchases without advance council approval the can always be provided by the manager himself figure fixed as the maximum amount of a contract without an ordinance. I that could be let without bids. If that principle were followed here, the figure would be $10,000, The budget section is flexible about the type the amount above which competitive bids would of budget to be submitted. It would allow the I be required under the uniform contracting law. council to require a program budget, but it would not make this a charter requirement. A detailed Sec. 7.01. Council to control finances. The classification of revenues, expenditures and specific authority contained here is included in the omnibus funds would be left to ordinance or administra- ' grant in Sec. 1.02 but it is included here to call tive rule to the extent that it is not prescribed by specific attention to the council's role with respect state law. The state auditor (formerly the public to finances. It can be omitted if desired. examiner's office) has the function of prescribing I a uniform system of accounting and reporting by Sec. 7.02. Fiscal year. The calendar year is the cities (Minn. Stats. Sec. 215.08, 215.10, 215.13, year most commonly used in Minnesota, is con- and 6.46), a fact which necessarily influences the I sistent with a November election schedule, and development of local budgeting and accounting coincides with the property tax year. Tax-antici- systems. pation borrowing may be necessary, however, to a greater extent than if a July 1 date were used It is sometimes argued that if all funds are I for the commencement of the fiscal year as in the subjected to the budgetary process, including bond state and federal governments. See also comments issues voted by the people and special assessment on Sec. 4.01 relating to the date of election. projects initiated by petition of benefited property I owners, proceeds of a bond issue authorized by Sec. 7.03. System of taxation. The authority given to the council by this section presumably is the people earlier in the year could not be spent until the following January after it had been in- included in the omnibus grant of Sec. 1 .02, but it eluded in the annual budget; similarly a petition Iis included here as fortification in view of the of property owners for a local curb and gutter strict view taken by some courts of grants of local project signed up in April could not result in tax authority. Local income and sales taxes have construction until the following year. The pro- ' both been pre-empted by the state except in those visions on budgeting are not quite this rigid, cities already having them, and few taxes are' however, since the council is authorized by Sec. suitable for levy and collection by cities, particu- 7.08 to add to the budget where anticipated larly small cities and those in metropolitan areas, income exceeds estimates, and in these cases, I but the charter provision will minimize questions income from bond issues would have been added. of adequate authority for a city where some non- If the charter commission decides that the pro- property tax source must be found to supplement visions of the model might give a problem in I other city income, any tax ordinance would, of this connection, it might consider adding a pro- course, be subject to a referendum on petition vision like this one contained in afew local charters: if initiative and referendum provisions are included "The council may in its discretion permit elimi- I in the charter. nation from the budget estimates of expenditures of bond issue funds, utility funds, and special As drawn, the section imposes no property tax assessment funds." limit beyond that mandatorily imposed on the Icity by state law. It is legally possible to include The complete financial plan involves three a more restrictive limit by charter, but this does parts: the current operating budget, the five- not seem wise. year capital program coordinated with the annual -9 - I I budget, and the annual budgets of city-owned decisions in more detail. The provision follows the utilities. The model charter section would permit comparable statute applicable to council-manager indicating only the surplus or deficit in utility plan non-home rule cities. (Minn. Stats. Sec. operations in the budget itself on the assumption 412.711.) I that this makes possible a better understanding of the city's fiscal picture and plans. Sec. 7.07. Enforcement of the budget. These are standard provisions to assure that the budget I Sec. 7.05. Capital program. This section is is complied with.Some charters provide for systems intended to compel long-range planning of capital under which the manager makes quarterly allot- improvements and to relate that planning to the ments to assure that the full appropriation for current budget. It seems desirable to provide for an item is not spent in the first part of the year 1 submission of this program at an earlier date when the need continues through the year. The than the budget to force independent and careful model does not include such a provision on the study of the long-range program and its impli- theory that it may be too cumbersome for small I cations for current financing. Adoption of the cities and that where it is needed, the system can program by August 15 allows half a month to be instituted by the city manager or by the council get actual capital expenditures for the next year without having a specific provision in the charter. I into the capital outlay section of the proposed While the restrictions included in the section are annual budget before it is submitted on September intended to insure that the city lives within the 1. Dates may easily be changed to conform to local budget and expenditures conform to the budget needs. plan, the section does not contain the requirement, I common in past charters, that every disbursement Following the NML model, the League model must he made by check. It would thus permit use requires that the capital program include estimated of "checkless" payrolls which have been utilized I operating and maintenance costs of proposed by several cities recently. capital projects. It would.be hoped that this might force more realistic facing up to the long-term While it is common practice to require all claims I financial implications of proposed capital projects. to be approved by the council, it is doubtful that council approval provides any necessary or de- Sec. 7.06. Council action on budget. If it is sirable safeguards where the charter has adequate thought that September 1 is too late, an earlier budgetary and accounting controls. This section, I date may be substituted, as in Sec. 7.04. The taken with Section 6.05 on purchases and con- earlier the date, the longer must be the manager's tracts, authorizies an alternative that seems pre- projections in preparing his proposed budget. fcrable: permitting the manager to make all pur- ' chases and contracts without such a routine check The council is free to make whatever changes whenever the amount involved is less than a it wishes in the manager's proposed budget except specified figure and requiring larger contracts to be that it may not provide for expenditures in excess entered into by the council itself. A similar statu- Iof anticipated income. Under state law, it may tory provision applies to non-home rule cities not reduce the levy for debt service below that operating under the council-manager plan. (Minn. necessary for amortization; that levy will have Stats. Sec. 412.691.) I been made for the entire period of each bond issue before the bonds are sold and the council Sec. 7.08. Alterations in the budget. This cannot forego the levy without providing sub- section is intended to assure that necessary changes stitute debt service money. (Minn. Stats. Sec. can be made in the budget during the year but only I 475.61.) to the extend warranted by the income-expenditure picture. Council action would be required to auth- The October 10 date for certifying the annual orize increases and transfers and the council I tax levy to the county auditor is prescribed by would be permitted to require reductions. The statute (Minn. Stats. Sec. 275.07). The date for NML charter would require transfers between council adoption of the budget keys in with the departments to be made by the council but would ' levy certification date. permit the manager to transfer within the depart- The model will permit the council to make ment as a necessary administrative tool. lump sum appropriations for each department This model does not contain a provision like Iand agency, and thus leave more discretion to the the NML model providing that unencumbered manager in the execution of the budget, but it appropriations lapse at the end of the year. If would also authorize the council to make its budget the charter commission believes that it is not I - 10 - I sufficient to leave this to the manager and council Sec. 7.11. Anticipation certificates. Some such through the budget adoption and modification provision is necessary to provide money to meet process, a provision for lapse should be added. It current needs before taxes or aids are collected has been omitted because of the abuses and extra- and turned over to the city. The model departs vagances that automatic lapse provisions can en- from the city code in permitting issuance of I. courage. If a lapse provision is included, it should certificates in the amount of anticipated aids in treat appropriations for capital projects differently. addition to the amount of the levy; some charters The NML provision permits these to continue limit the amount to 90 per cent of the levy or less. I unless no expenditure has been made on the project The interest maximum of 7% imposed by statute for three fiscal years. Supporters of the lapse now seems to prevent lower charter minimums provision argue that without such a requirement, for public obligations (Minn. Stats. Sec. 475.55). I the city's appropriation in each succeeding year No provision on the interest rate is included in would be added and that the practice would the charter. encourage the building of surpluses within de- partments, thus increasing the problem of adminis- Sec. 7.12. Emergency debt certificates. This Itrative control. section permits borrowing to meet unforeseen emergencies but requires the debt to be repaid Sec. 7.09. Funds. Most older charters contain in three years. A 1973 state law (Ch. 61) permits I a detailed list of funds which the city is required to keep. Some funds are required by statute, like any city to issue three-year certificates to finance extraordinary expenditures arising "by reason a bond sinking fund and improvement fund, some of any natural disaster or other public emergency." I will be required when revenue is dedicated to a The charter provision also permits issuance of these particular purpose, and fund needs will change certificates when receipts become insufficient from quickly. It has seemed better not to enumerate some unforeseen cause. If the state law is considered prescribed funds in the charter but to leave their sufficient, the charter provision may be omitted I establishment to the council. The NML charter or recast to refer to the statutory authority. contains no section on funds. It is sometimes argued that in cities with a I Sec. 7.10. City indebtedness. The state statutes, background of sound fiscal practice, the council Chapter 475, contain a complete bond code setting should be able to make simple bank loans to out a debt limit, authorized purposes for the finance relatively minor capital improvements I issuance of bonds, and a procedure for issuing without going through the formalities of a bond bonds. .The charter does not need to contain a issue or issuing certificates of indebtedness under provision on the debt limit (beyond referring the limited conditions provided by this section. to the state law) unless the intent is to decrease Councils of third and fourth class cities and councils I the limit that would otherwise apply. The state of non-home rule cities are authorized by statute procedure is adequate and in large part prescribed to acquire property by contract for deed or con- for home rule charter cities as well as others; in ditional sales contract (Minn. Stats. Secs. 465.71, I this respect the charter need only make a decision on election requirements for bond issuance. The 412.221, Subd. 2), but this authority is not suitable for financing construction of a building on a lot state law authorizes a home rule charter city to so acquired, for example. issue bonds for any capital purpose unless for- I bidden by charter; consequently, nothing is needed Charter commissions wishing to consider broad- beyond a reference to the law unless the charter ening the authority granted by the model might commission wishes to propose further limitations. look at the following, adapted from several exist- , ing Minnesota charter provisions: "Whenever the On the election question, the model follows the council by resolution deems it necessary, it may general practice of requiring popular approval of borrow money from a bank in the city for the I bond issues except those permitted by law or purpose of financing any authorized capital im- charter, like tax anticipation certificates, most provement, but the aggregate amount of all such local improvement bonds, and bonds to pay loans outstanding at one time shall not exceed judgments. A few charters go farther and would one-third of one per cent of the assessed valuation I merely subject bond issues to the referendum of all taxable property in the city, and each such process; thus an election would be required only if loan shall be payable within a maximum period a referendum petition were filed. A compromise of five years." The assessed valuation limit is I might require a referendum without petition on larger issues. based on the provision on installment purchases in the city code; it may, of course, be changed, I - 11 - I I or a different type of maximum substituted, or, could be limited to public utilities by eliminating if the charter has referendum provisions, the loan the phrase "or for any other purpose" at the end might be subjected to a referendum on petition. of the first sentence. I Since any such loan would constitute an "obliga- tion" of the city within the meaning of the state Requiring the use of non-emergency ordinances debt code, a levy for its retirement would have for franchises subjects each franchise to the possi- to be made before the loan could be made. (Minn. bihty of a referendum on petition before it goes IStats. Sec.475.61.) into effect. Sec. 8.01. Power to make improvements and The provision on payment of the cost of publica- I levy assessments. This authority is presumably tion of the franchise ordinance by the grantee embraced in the powers granted by Sec. 1.02 is found in many charters, but even without it but is included here because of the strict construc- the council may require this as a condition of tion that many courts have given to special assess- granting the franchise. The cost is, of course, I ment authority. This rule that the total assessments not sign;ficant. may not exceed the cost and that individual assessments may not exceed the benefit simply Telephone companies are regulated by the I states a constitutional requirement. state and not subject to local franchise provisions. The phrase "Except as otherwise provided by law" Sec. 8.02. Assessments for services. A number of is intended to recognize this exception, as it would I current services listed in the state local improve- recognize electric and gas utilities, too, if they ment code (Minn. Stats. Ch.429) may be financed in the same manner as special assessments. The were in the future to be made subject to state regulation. model charter provision is stated in more general I terms to include services that may not be covered Sec. 10.02. Term. State law (Minn. Stats. Sec. by the code. 410.09) prohibits perpetual franchises and requires exclusive franchises, which are limited to 25 years, I Sec. 8.03. Local improvement procedure. The to be approved by the voters. There is no statutory state local improvement code applies to every limit on the term of a non-exclusive franchise but home rule charter city unless the charter pro- a charter may impose such a limit. In general, the vides for making the improvement under the term of a franchise should be long enough to Icharter. The code also permits the charter to make attract offers from the best utility interests and the code exclusive. Because the code is a good law short enough to give the municipalities the right that is almost universally used for local improve- to make a change if the utility is not run to the I ments outside the largest cities, and because the satisfaction of the general public. The model bonds it authorizes are much more readily market- recognizes that in rare cases a long franchise might able than obligations issued for local improvements be justified, but it is sufficiently questionable I under a charter, the model charter proposes to to require approval of the voters. Franchises of make the local improvement code exclusive; how- 20 years or less would be subject to referendum ever, if there are any local improvements not only on petition. . covered by the state law, this provision empowers Ithe council to provide for them by local ordinance. In considering this section, the charter com- mission should bear in mind the fact that a state Sec. 9.01. Acquisition of property. The eminent law authorizes any city, irrespective of franchise I domain authority in the first sentence parallels or charter terms, to acquire a utility at the end a provision in state law applying to all munici- of any five-year period following the granting of palities. (Minn. Stats. Sec. 465.01.) The second a franchise by paying the purchase price deter- sentence requiring use of the state eminent domain mined in proceedings similar to a condemnation. I procedure is now also a statutory requirement. A maximum of 20 years, without a required vote, (Minn. Stats. Sec. 117.011.) as suggested in this section of the model charter seems reasonable, but some charter commissions I Sec. 10.01. Franchises required. This section may wish to lengthen this period to 25 or 30 years. requires a franchise before any permanent or semi-permanent structure may be placed in or on Sec. 10.03. Public hearing. A public hearing is I streets or public places. It thus applies not only not required by law but seems desirable on a to public utilities but to any other purpose on the matter of such long-term importance. As drawn, grounds that granting any such privilege should the section applies only to franchises granted to be subject to careful safeguards. The chapter public utilities but it can be extended to other I - 12 - I r franchises as well by mal,in., 1.he firs: clause read, wishes to provide a referendum in every case, "i3efore any fra;icilise is a )ptcd." something like the following might be suh,titiited for the last sentence: "The city shall not acquire Sec. 10.04. Power of regulation reserved. A or construct any public utility unless the pro- ' state law (Minn. Stats. Sections 4.54.041-.043) position to acquire or construct it has 1..ecn ap- allows third and fourth class cities to fix electric proved by a majority of the electors voting on and gas rates by ordinance and regulates the pro- the proposition at a general or special election." I cedure. This has been held to supersede conflicting charter provisions. Western States Utilities Co. P. Sec. 11.( 2. Regulations and rates. This section City of Waseca, 242 Minn. 302,65 N.W. (2d) is included to round out the municipal utility I 255, (1954). The model charter section would grant of authority. It can be omitted if desired. make clear that the city has the authority to regulate rates by ordinances even though, if Sec. 12.01. Official publication. In a city with the city is a third or fourth class city, the state law more than one legal newspaper of general circula- I imposes limits on the exercise of the city's authority. tion, the requirement for annual designation It must be conceded, however, that rate regulation means that the people are assured that all official ;,y ordinance has not been very effective, parti- publications of the city will be in that paper for I cularly in dealing with large utility systems serving many municipalities. at least a year. In rare circumstances, it may permit the city to secure bids or otherwise negotiate on price. The provision makes clear also that city franchise may contain provisions for the publication need not be confined to matters that IA payment to the city of a franchise fee, which are legally required to be published. typically is fixed at a percentage of gross earnings within the city, but as a franchise fee it is a con- Sec. 12.02. Oath of office. The oath given here I tract stipulation that must be agreeable to the is substantially that provided by Article 5, Sec. 8 parties. A few charters contain provisions re- of the state constitution and is required to he quiring the payment of such a fee. The desirabi- administered to any public officer by Minn. I lity of such a provision is debatable since in prac- Stats. Sec. 358.05. It is included here for conven- tical effect it becomes a charge upon utility con- lent reference and to name certain specific officers sumers for the benefit of the taxpayers, but to whom the oath requirement applies. some would support such a provision on the I same basis that they would support a tax on Sec. 12.03. Official bonds. This section requires utility earnings. St. Paul's charter contains a bonds of certain specific officers who can be typical provision of this kind: "Every corpora- expected to have access to city funds and it gives I tion or person exercising any franchise . . . shall the council discretion as to the form of the bond. pay to the city a franchise fee in a sum equal to at least five percent of the gross earnings derived Sec. 12.04. Official interest in contracts. This I or accruing from the exercise or enjoyment within section in effect merely refers to the applicable the city of the franchise. This section shall apply state law, which applies only to those officers to every franchise granted prior to the adoption who have a discretionary part in the making of of this charter and to every other franchise unless a contract. Some charters go beyond this pro- I the ordinance granting it exempts the grantee vision to prohibit or regulate other contracts and others holding through or under them from not within the scope of the state law. The 1971 the franchise fee." St. Paul charter, for example, adds this language Ito the provision of the model section: "Any city Sec. 10.05. Renewals or extensions. While it officer or employee who has a direct or indirect is arguable that renewals should be for a shorter financial interest in (1) any contract with the I term, it seems wiser to leave this matter to the city not prohibited by the foregoing provision or council, subject to the same restrictions as apply any law or (2) any other matter with the city, to original franchises. shall make known that interest and shall refrain from voting upon or otherwise participating in I Sec. 11.01 . Acquisition and operation of utilities. his capacity as a city officer or employee in the The general authority stated here is presumably making or performance of such contract or in included in the comprehensive grant of power taking official action on such matter. Any city I in Section 1.02. The section would subject any officer or employee who willfully conceals such proposed acquisition or construction of a utility a financial interest or willfully violates the require- to a referendum on petition under the referendum ments of this section shall be guilty of malfeasance provisions of the charter. If the charter commission in office or position and shall forfeit his office or I - 13- I I position. Violation of this section with the express and Minn. Stats. Sec. 410.11, the charter becomes or implied knowledge of the person or corporation effective 30 days after adoption unless the charter contracting with the city shall render the contract fixes a later date. In many cases, the effective voidable by the city council or by a court of corn- date section must be more complex, sometimes I petent jurisdiction." even fixing different effective dates for different parts of the charter. For example, if the charter Sec. 12.05. Sales of real property. The require- changes the form of government, and increases I ment that sales be by ordinance presumably or decreases the size of the council, the charter subjects the sale to the right of referendum on might make the main body of the charter effective petition. If the charter commission thinks this is when the new council takes office (or at an even I an unnecessary procedure in the light of the parti- later specified date) but make the election sections cular city's experience, the sentence may be effective early enough to get the right officers omitted. The other provisions assume that since chosen. This section should be spelled out care- a capital asset is being sold, proceeds ought to fully in the light of all circumstances. I be put to a capital use, with priority to paying off any debt attributable to the acquisition or Omissions from Charter improvement of the property sold. I There are many subjects on which the model charter Sec. 12.06. Vacation of streets. A street or arter contains no provisions. Included among alley vacation may have such drastic consequences these are the following: I for people directly affected and in some cases the general public that an extraordinary vote of 1. Intergovernmental relations. Some charters, the council and a public hearing are made requisites including the model charter of the National Muni- by this section. Some charters make a petition of cipal League, contain a section authorizing the I a majority of abutting property owners a prere- city to perform its functions jointly or in coopera- quisite, but such a requirement on occasion may tion with other political subdivisions, states, and prevent a vacation where an overriding public the United States. The subject seems amply covered I interest justifies the project. The words "other by the intermunicipal or joint powers act, Minn. public grounds" permit vacation of utility ease- Stats. Sec. 47 1.59. ments, etc. 2. Provisions establishing department heads, I Sec. 12.07. City to succeed to rights and obliga- department structure, and other offices. Apart tions of former city. This section, the next section, from naming the city manager and clerk, the and the substance of Sec. 12.09 are largly covered charter does not establish any administrative I by state law (Minn. Stats. Sec. 410.15). They are structure for the city. It has seemed more de- put here for completeness and to avoid a source sirable to leave this to ordinance. Occasionally of possible concern to the voters. z charter commission will feel required by the poli- tics of the local situation to continue some or I Sec. 12.10. Ordinances to make charter effective. all of the existing departments by name. This This is a standard provision merely expressing the should be resisted for its inflexibility, but in any duty of the council to take the necessary steps to event it is best neither to define functions nor Iput the charter into effect. to set up the structure of named departments. Sec. 12.11. Present officers continued. This 3. Planning. Except for the provisions on I section is included to call attention to the fact capital programming, the model charter omits that some provisions will be needed to secure all mention of planning, not because it is not an an orderly transition to the new government. important subject but because the comprehensive As drawn, the section assumes that except for the planning law, Minnesota Statutes, Section 462.35, I provisions relating to the election of a mayor et. seq., seems adequate for the purpose. Charter and council, the new charter will not take effect provisions might be considered only in special until the new officers are elected and take office. circumstances: if a planning commission were I Alterations will be required if a different schedule to be required, not merely permitted; or its corn- is contemplated for getting the charter into effect. position were to be fixed by charter; or if the charter were to make a choice among the alterna- This section is related, of course,to the effective tives otherwise permitted by the planning law. ' date provisions of Sec. 12.12. Should there be, for example, a board of zoning adjustments and appeal separate from the planning Sec. 12.12. Effective date. Under the local commission? Should its decisions be binding in any government constitutional amendment of 1958 cases or merely recommendatory? Should the - 14 - I ' council as well as the planning commission adopt the comprehensive plan? Unless the charter corn- consider specifically superseding them. The Min- nesota Constitution, Article XI, Section 2,author- mission has strong views on any of these matters, izes a city by charter to modify or supersede a it seems advisable to rely only on the planning special law (But this does not prevent the legis- law for local powers and responsibilities for plan- lature from adopting a later special law on the Wing. Implementation would then be left to the same subject). At any rate, it seems advisable to I council. examine existing special laws in the light of the charter and to mention them specifically in the 4. Charter commission membership. Minn. charter to avoid any difficulties of interpretation Stats. Sec. 410.05, Subd. 1, authorizes a city to later. A simple section like the following should be I provide in its charter for fixing the size of the adequate to replace special laws with charter charter commission at seven to fifteen members, provisions: but apparently this may be done only by charter I amendment, not the original charter. A city "Sec. 12. . Laws superseded. The following adopting a new or revised charter in the same manner as an original charter, as it is permitted laws specially applicable to the city are superseded to do under Minn. Stats. Sec. 410.24, ought to I be able to include in it a section on charter com- by the provisions of this charter and made inap- mission size if it wishes since it could have adopted the section as a separate amendment and there is plicable to the city: I only a technical difference between the two situations. Laws 1947, Ch. , relating to the tax Any section on this subject submitted as part levy of the city. U of a revised charter or a separate amendment must recognize that, if the existing commission Laws 1957, Ch.__, as amended by Laws consists of fifteen members, the four-year terms I of seven or eight members will be expiring at one 1961, Ch. , establishing the muni- time and the terms of the others will be expiring two years later. A city proposing to cut its charter cipal election day. commission to the minimum of seven might draft Ithe amendment to decrease the number to eleven If any special laws are to be continued, a section at the end of the first expiring terms and to seven to accomplish this objective might read: two years later. The district judges would then I appoint four instead of eight and three instead of seven. "Sec. 12. Laws continued. The following laws applicable to the city are expressly continued Is. Annexation procedure. Contrary to the situation in some other home rule states, a Min- in effect and made a part of this charter, except nesota city may not by charter annex land or I regulate the procedure for annexation. This is that if any enumerated law denies to the city a exclusively a legislative matter in this state. power granted by this charter, this charter shall 6. Tort liability. At one time cities could I by charter curtail their tort liability by require prevail to that extent: ments for written notice of defects before the cause of accident arose. Such provisions have Laws 1965, Ch.___, establishing a system been made invalid by statute and the principles Iof municipal liability for torts are now embodied of police pensions in the city. in state law applying to all municipalities (Minn. Stats. Ch. 466). Laws 1971, Ch. , authorizing a bond 1 7. Modification of special laws. If there are issue for the construction of a city any special laws applying only to the city, they I should be examined to see how they square with hospital without regard to the city's the proposed charter. Where consistent with the charter, their provisions may be incorporated in debt limit." the charter; if not, the charter commission should 1 - 15 - I 8. Procedure for charter amendments. The provisions may not be modified by a home rule procedure by which the charter can be amended charter. The only relevance of the statute for local or revised is prescribed by Constitution and statute charter commissions is in considering the establish- and, contrary to the situation in some states, no ment by charter of a formal civil service system. different provisions may be validly provided in Veterans' preference may have a more substantial the charter itself. As a matter of information to impact upon appointments and promotions in the the people in showing that the charter is amend- city service if the city has "civil service" with a able by established procedures, some charters formal examination system than if it does not. include a simple provision like the following: 10. Board of equalization. Minnesota Statutes, "Sec. 12. . Charter amendments. This Section 274.01 provides that the council of every I city shall serve as a board of review of property charter may be amended or revised in any manner tax assessments except where the charter provides for a board of equalization. Thus no section is I provided by law." needed in the charter on this subject unless the city wishes to provide for a board different from The statutory procedure is too detailed and it the council. A few cities do so, some using a ' is subject to too frequent change to make it committee of the council, some a board of design- feasible to include all the statutory provisions ated city officers (sometimes including one or two in the charter. councilmen); rarely, it is a board made up of lay citizens with special knowledge and experience. I 9. Veterans' preference. State law (Minn. While the model charter omits any mention of Stats. 197.45-.46) provides for veterans' prefer- this subject, an appropriate section can be added ence in local government employment. These after Section 7.03 on the tax system if a special board of equalization is desired. 1 I 1 - 16 - I Appendix A Alternate Provisions for a Stron g Mayor-Council or-Council Plan I. The conventional strong mayor-council plan executive power shall be vested in the mayor. places in the mayor substantially all the responsi- bility given the city manager in the model charter Subject to the provisions of this charter and I but provides for the kind of separation of powers between the executive and legislative found in the ordinances consistent therewith, he shall control federal and some state governments. Thus the I mayor is not given a position on the council and direct the administration of the city's affairs. but he is given a veto power over council legisla- tion. Since he is an independently elected official, Without limiting the generality of the foregoing, he is not as directly responsible to the council as 111 the manager, who is a council appointee. he shall have the powers and duties set forth in Because the elective system gives no assurance the following subdivisions:" I that the mayor elected under the strong mayor plan will have any professional or administrative The other subdivisions can be taken (and re- competence, some such plans (Duluth and St. numbered) from Subdivision 2 and following I Cloud, for example) include charter provisions subdivisions of the model charter, Section 6.02, for a professional assistant to the executive under with these exceptons: the mayor's control and supervision. Sample provisions of this kind are included in this ap- Subdivisions 5 and 6 as renumbered would read: I pendix. "Subd. 4. He shall gave the right to attend coun- The strong mayor plan has the same merit as I the council-manager plan in focusing administra- tive cil meetings and may take part in the discussion, responsibility in a single executive and it appeals to those who believe that the chief execu- but he shall not vote. tive of the city should be directly accountable to I the people. Inherent in the system, however, is "Subd. 4. He shall make recommendations to the possibility of executive-legislative conflict that may continue until it is resolved by the voters. the council and deliver messages to the council and I Some recent charters have attempted to provide an alternate form in which the mayor is made the people, including a comprehensive message on president of the council and is given a stronger position of politicial leadership than under the the state of the city as soon after the beginning of I traditional council-manager plan but management is placed in the hands of an administrator under his term as practicable." the council, an administrator whose authority I may be somewhat more circumscribed than the New subdivisions might then be added before authority of a manager. See Appendix B for the last subdivision to read: outlines of a model plan for such a mayor-council Iadministrator form. "Subd. 8. He shall appoint and may remove To provide a strong mayor plan, Chapter 6 on such professional and clerical assistants as the administration of city affiars will have to be re- 1 written. The initial section might then be begun council may provide for his office." as follows: "Subd. 9. He shall approve or veto ordinances I "Sec. 6.01. (assuming the charter commission and resolutions as provided in this charter. does not want to put these provisions in a different "Subd. 10. He shall appoint, with the advice I chapter preceding the chapter on the council) and consent of the council, members of such Mayor's powers and duties. Subdivision 1 . The I - 17 - I Iadvisory boards and committees as are established years immediately preceding his appointment, by him or by the council. Such members shall be at least five years of successful experience as an Iremovable as provided in the instrument establishing executive or administrator such as would qualify the board or committee." him for the performance of these duties. IThe NML model suggests as an adequate brief . . . The Administrative Assistant, under the provision on a professional assistant to the mayor, instead of or integrated with subdivision 8 above, supervision of the Mayor and subject to direction I the following: by the Mayor, shall supervise the heads of all "There shall be a city administrator (adminis- I trative assistant, or other title) who shall be ap- pointed departments, except the City Attorney; appoint, by and may be removed by the mayor. He shall be the principal managerial aide to the with the approval of the Mayor and the Council, mayor and shall perform such duties as may be assigned to him by the mayor." and remove, with the approval of the Mayor, the A few charters attempt to spell out the res- heads of all departments; inform himself and keep I ponsibilities of the administrative assistant in more detail, though this practice seems questionable the Mayor advised concerning the activities of all as tending to insulate the assistant from the con- III trot of the mayor, who is intended to be responsi- offices, departments and boards and make, or ble for the proper conduct of the city's affairs. Furthermore, mayors differ in their administrative cause to be made, investigations and studies of style and, as the responsible executive, each mayor I ought to be able to use the assistant in the way the internal organization and procedure of any which suits him best. The St. Cloud charter adds minimal provisions to the NML type of sugges- office or department, and may require such reports I tion. Under the St. Cloud provision, the administra- tive assistant is to be appointed "upon the basis from any of them which he deems necessary; of his qualifications" and to "devote his full time I and undivided attention exclusively to his duties prescribe accepted standards of administrative as Administrative Assistant; he may hold a position as the head of one or more municipal departments; practice to be followed by all offices and depart- he shall be responsible for the faithful and lawful I performance of his duties solely to the Mayor, ments; prepare the annual operating and capital who shall be responsible for the acts of his ap- pointee." budgets, and supervise the execution of budget IThe Duluth charter spells out the duties of the ordinances; make information available to the administrative assistant in greater detail while I attempting to keep the mayor's executive responsi- Mayor, the Council and the public concerning the bility undiluted. Pertinent provisions of the Duluth charter include the following with reference to current status of the financial affairs of the City the responsibilities of the administrative assistant: I and all offices, departments and boards receiving "Section 19 . The Administrative Assistant appropriations from the City; attend meetings of I shall be the Mayor's principal assistant. He shall be the Council at its request, and make available appointed solely on his ability to perform the such information as it may require; perform all I duties and functions of his office, as set forth in other duties required of him by this charter, or this charter, and shall have had, during the ten I - 18- I by ordinance or assigned to him in writing by the subdivision 9 above can be incorporated in a rewritten Section 3 08 as follows: Mayor. "Sec. 3.08. Signing,filing,presentation to mayor, I "The Mayor, by prior written notice directed veto. the Administrative Assistant, may relieve the Subdivision 1. Presentation to mayor. Every Ito Administrative Assistant of any duties, powers ordinance or resolution passed by the council Ior responsibilities granted the Administrative shall be presented to the mayor within five busi- Assistant by the terms of this charter. Such written ness days after its passage for his approval or reject- , notice, signed by the Mayor, shall be filed with ion. Within five business days after presentation, the City Clerk as a document of public record. the mayor shall either sign the measure or return ISec. 21. At the head of each department there it to the council with a communication in Ishall be an officer of the city, who shall have writing stating his disapproval and the reasons control and direction of the department subject therefor. If he neither signs nor vetoes the Ito the general supervision of the Administrative measure within five business days, it shall be Assistant. The head of each department shall, deemed approved. with the approval of the Administrative Assistant, Subd. 2. Item veto. Any ordinance or Ihave the power to appoint and remove all officers resolution shall be approved or vetoed by the and employees of the department subject to the mayor in its entirety, except that any item in ICivil Service provisions of this charter. Two or a measure appropriating money may be approved more departments may be headed by the same or vetoed. Iindividual and the Administrative Assistant may Subd. 3. Reconsideration and overriding head one or more departments, and heads of the veto. Any ordinance or resolution or part of Idepartments may also serve as chiefs of divisions an appropriation measure which has been vetoed Ithereof as may be established by ordinance, upon may be reconsidered by the council and shall recommendation by the Mayor. . . become law if passed by an affirmative vote of IThe administrative assistant in Duluth, as is at least five members within 30 days of the veto. usual in such plans, is appointed by, and serves at the pleasure of, the mayor. He is, however, for- Any ordinance or resolution or any part of an I bidden to take part in any municipal election campaign, and the council may remove him, on appropriation measure which has been recon- proof and after notice and hearing, for a violation Iof this prohibition. sidered by the council and repassed shall be The veto power included in conventional strong deemed approved." mayor charters and referred to in the suggested I - 19 - I The provision for five votes to override the veto carefully to adapt it throughout to the strong I assumes a seven member council. The figure should probably be four if the council consists of five mayor concept. Section 2.03 should exclude the mayor from the council and provide an odd members,six if it consists of nine. number of council members. Section 2.06 on the I mayor should be omitted if a section like the The material in the quoted section above may quoted Section 6.01 in this appendix is included; be split into several sections if preferred and instead of the sentence in Section 2.06 on the Ifollowing sections renumbered accordingly. president pro tern, there should be included a If the strong mayor plan is to be included, the provision for choosing both a president and a president pro tem from the council members. The charter commission must go through the model mayor should be substituted for the manager at I appropriate places throughout the charter. I I Appendix :3 IAlternate Plan for City Administrator Under the Council Some charter commissions, fearful that the by an ordinance consistent with the charter. In I council-manager plan vests too much authority some charters, abolition of the position, once in the manager but recognizing the need for established by the council, would require approval direction of the city's administration by a single of the voters; in others, either there are no restric- I appointed executive under the council, have tions on the council's authority in this respect provided for such an officer in the charter or or the council must act by ordinance subject included a charter provision authorizing the council to usual charter referendum provisions. to appoint one. In either case duties are spelled out in much the same way as the duties of a The more the authority of the administrator manager. Principal exceptions are in (1) requiring is diluted from conventional manager-plan responsi- approval by the council of appointments and bilities, the less likely it will be that the plan I removals made by the administrator (or even achieves the objectives of providing central control providing for council appointments and removals and supervision with proper responsibility both in on recommendation of the administrator); (2) the administrator and the council. I sometimes giving the administrator less control over preparing and administering the budget In any city in which the council is responsible (3) sometimes giving the council the duty of for the executive departments (as in former villages) approving all purchases and contracts regardless and the mayor is given no executive authority, I of size; and (4) sometimes denying the administra- tor the council may itself, without specific charter jurisdiction over certain departments. provision, provide for an administrator with supervision and control of the administration-- I When charter authority for an administrator subject, of course, to the ultimate responsibility (sometimes given a different title, like coordinator, of the council. A number of statutory cities have executive assistant, administrative assistant) is established this plan either by enlarging on the I merely permissive, the charter sometimes allows responsibilities of the clerk or givng these duties the council to set up the position by ordinance, to a separate administrator. sometimes requiring a popular vote first (which makes the step almost as difficult procedurally Any charter commission wishing to include I as using a charter amendment for the purpose). provisions for an administrator in the charter In some cases the charter does not spell out the may secure representative actual charter provisions duties but merely authroizes the council to do so from the League on request. I -20 - I Appendix C Alternate Plans for Electing Councilmen 1` The model charter provides for election of all or not, by a separate letter of the alphabet and members of the council at large. This is the system , used by virtually all former villages and about assign each incumbent to one of the seats. Each I a third of the home rule charter cities in Minnesota. Slightly more than a third elect all their council- council seat so designated shall be a separate men by wards (districts) and the rest use a corn- . I bination system. office for each subsequent city election. Any The provisions of Minnesota charters and the incumbent member of the council filing for re- arguments for and against the ward system may I be found in a League memo, "The Ward System election shall be a candidate only for that office of Election of City Councilmen", available to charter commissions on request. The arguments of which he is the incumbent. Each person filing I will not be reviewed here. It may be said as a generalization, however, that the smaller the for the office of councilman shall state in his city, the stronger the arguments against the ward system. affidavit of candidacy which designated council IWhere a substantial number of councilmen seat he is a candidate for. Incumbency shall not is elected together, voters often complain about I their inability to focus their opposition on parti- cular candidates, or to give effective support to one candidate except by"bullet voting", i.e. casting Election by Wards I a ballot for the favored candidate and not voting for anyone else. The practice of bullet voting, Sec. 2.03. Council composition and election. if followed extensively, may result in the election of several candidates with only a plurality of the The council shall be composed of a mayor, who I votes, even where the field of candidates has been narrowed by a primary election. To avoid these shall be elected at large, and six councilmen who and other problems, some charter commissions I may wish to consider applying the so-called "alley" (or "place") system, now used for judges in Min- shall be elected by wards. Each councilman shall , nesota, to council races. A sample provision be a resident of the ward from which he is elected of this kind is included in this appendix along I with a sample plan for election by wards and and shall serve for a term of four years and until another for a combination system. The "alley system" can be applied also to the at-large can- his successor is elected and qualifies, except I didates under the combination plan. The more at-large positions to be filled at the same election, that at the first election held after the adoption of the more dissatisfaction there is likely to be with I the usual free-for-all type of contest where each this charter the three councilmen-elect from the candidate runs against the whole field. even-numbered wards shall serve for four years I Election by Separate Position ("Alley System" or "ABC Filing") and the other three councilmen-elect shall serve Sec. 4.04. (Sec.4.04 of model to be renumbered for two years. The mayor shall serve for a term of I4.05 if this section is included.) Council positions. four years and until his successor is elected and No later than _ , 19_, the city council qualifies. shall designate each council seat, whether occupied Comment: A possible alternate to the 1 -21 - I exception in the second sentence might read: adoption of the ordinance. If the council fails I "except that at the first election held after the adoption of this charter, the three council- to take either action within the time required, men-elect having the highest ratio of votes to ' I the number of registered voters in their wards no further compensation shall be paid to the shall serve for four years and the other three councilmen-elect shall serve for two years." mayor or councilmen until the wards of the I Of course, if the city already has a biennial election system, four-year overlapping terms, and a ward system with the same number city are redefined as required by this charter. of councilmen, the exception is unnecessary. No division or redivision of the city into wards I If all councilmen are to be elected at the same election, the overlapping term provisions should, shall be made until the council has held a public of course, be omitted. ISec. (Section can be inserted after sec. 2.03 hearing on the proposed ordinance after one or in chapter 4 of model) Wards. week's published notice. ISubdivision 1. General requirements.The council Sec. 4.03. Filing for office. (There should be added to this section or at some other place I shall by ordinance adopted not later than the following sentence.) In addition to the candi- 19 ._, divide the city into wards. Wards shall be I dates for offices to be filled by election at large, as equal in population as practicable and each only the names of the candidates for council- ward shall be composed of compact, contiguous Iterritory. Each councilman shall be a resident of man in one ward shall appear on the ballots for that ward. Ithe ward from which he is elected, but a change in ward boundaries does not disqualify a council- Sec. 2.04. Vacancies. (The phrase "ceases I to reside in the city" should have added to it man from serving for the remainder of his term. some such phrase as "or, in the case of a council- Subd. 2. Redefining ward boundaries. The Icouncil by ordinance may redefine ward boun- man, the ward from which he was chosen." To daries after any regular municipal election. With- avoid awkwardness, the sentence might then be ' in six months after the official certification of broken by semicolons or numbers separating the each federal decennial or special census, the various clauses.) I Comment: If there is no need for as many council shall either confirm the existing ward wards as there are councilmen, it may be more I boundaries as conforming to the standards of ble ather no pro de for two orgth eeuncilmil men from each ward. If the charter commission subdivision 1 or redefine ward boundaries to does decide to have two councilmen from a I conform to those standards. Any ordinance es- be ward, overlapping provided undeerms within the ward should under a four-year term system. Itablishing new ward boundaries shall apply to Some charters provide other methods to is done as the first election held at least six months after Even swithout any scharter method enforce- "' I ment, mandamus action can be brought to system may incorporate those provisions into compel compliance with charter requirements. this section for the at-large members if all are to be elected at once. The system may not have Original ward boundaries may be included much appeal, even to its advocates, where only in the charter if the charter commission pre- two are to be elected at any election. fers; however, unless there is clear agreement on the matter, putting the original wards in the The comment on Section 2.03 of the I charter may be a source of substantial contro- ward system alternative is also pertinent here. verse in the charter campaign. If the city already has appropriate ward boundaries, they may be Sec. ______._. Wards. Substantially the same as I continued initially by a simple provision. in the ward system alternative. References to "councilman" or "alderman" should read It is common practice to refer to ward "ward councilman" or "ward alderman" in ap councilmen as aldermen. The term can he sub- propriate places. I stituted throughout the charter if the charter commission prefers. , Sec. 4.03. Filing for office. Substantially the same as in the ward system alternative. Combination Ward-At-Large System ISec. 2.05. Vacancies. Same as in the ward Sec. 2.03. Council composition and election. system alternative, except the substitution of "ward councilman" or "ward alderman" for IThe council shall be composed of a mayor and "councilman." six councilmen. The mayor and two council- Ward Filings with At-Large Election Imen shall be elected at large, and four council- A few cities in the country, including St. Cloud and possibly others in Minnesota, attempt to give men shall he elected by wards. Each ward council- ward representation with city-wide responsibility I by allowing voters throughout the city to deter- man shall be a resident of the ward from which mine who shall be the ward councilman from each - ward. Any voter may file for ward councilman I he is elected and shall serve for a term of four but he competes only against other candidates living in his ward and the person among such years and until his successor is elected and qualifies, candidates with the highest vote is elected even I though his total vote might be smaller than an except as provided in this section. At the first unsuccessful candidate in another ward. election held after the adoption of this charter, There is some doubt about the constitutionality I of this system in Minnesota. An 1891 special law the two councilmen elect from the even numbered adopting this plan for St. Paul was held uncon- stitutional as a violation of Article 7, Section 7 I wards shall serve for four years and the other of the Minnesota Constitution. State ex rel Childs v Holman, 58 Minn. 219, 59 N.W. 1006 (1894). two ward councilmen-elect shall serve for two That section makes any voter "eligible to any office which now is, or hereafter, shall be elective Iyears; and of the two councilmen elected at by the people in the district wherein he shall have resided 30 days previous to such election, large, the one receiving the highest vote shall except as otherwise provided in this Constitution." I serve for four years and the other successful The Court with one of the five judges dissenting, said that the special law added to the constitutional qualifications and this the legislature had no right I candidate shall serve for two years. The mayor to do. The case has been weakened as authority, however, because the local government amendment shall serve for a term of four years and until his adopted in 1958 as Article XI of the constitution specifically states, "The legislature may provide I successor is elected and qualifies. by law for . . . local government units and their functions . for their officers, including quail- Comment: A city interested in the alley fications for office, both elective and appoint- ' - 23 - I ive", a fairly clear implication that the legisla- of four years and until his successor is elected ture may now add to the qualifications for local elective offices. It is at least arguable that a home and qualifies, except that at the first election I rule charter, when not prohibited by law, may do whatever the legislature might have done held after the adoption of this charter, the three with reference to municipal government, including its officers. councilmen-elect from the even-numbered wards IA variant of this plan is used in several local shall serve for four years and the other three council- governments throughout the country, including I Oakland, Cal. and Dade County, Florida. Under men-elect shall serve for two years. The mayor this scheme, the primary election is by districts but everyone votes at large on the district candi- shall serve for a term of four years and until dates in the general election and each district's 1 top vote-getter is elected. his successor is elected and qualifies. The St. Cloud plan can be included in the model Comment: The comment on Section 2.03 I charter by inserting substantially the following of the ward system alternative is also pertinent provisions. here. I Sec. 2.03. Council composition and election. Sec. Wards. (Same as in the ward The council shall be composed of a mayor, who system alternative, p. 31.) Sec. 2.05. Vacancies. (Same as in model I shall be elected at large, and six councilmen. that the phrase, "ceases to reside in th city" have added to it some such phrase as "or, in the There shall be one councilman from each of the case of a councilman, the ward for which he was I chosen." To avoid awkwardness, the sentence six wards who shall be chosen by all the voters might then be broken by semicolons or numbers separating the various clauses.) of the city from candidates who reside in his I The St. Cloud charter has a partial at-large ward. Each councilman shall serve fora term system. Of the seven councilmen,four are"resident members" and three are members at large. The I resident members must meet ward residence qualifi- cations. I I I I I I I -24 - MIL I. Appendix D Selected League Memos of Interest to Charter Commissions As part of its Information Service, the League of Even Years? Minnesota Cities has available to municipal officials, ' including charter commission members, numerous 180h.1 Charter Provisions for Primary Elec- memos and reports on a wide variety of municipal lions topics. Among those dealing with problems of interest to charter commissions are the following, 215d2.1 Debt Limits in Minnesota Cities I listed by title and file number: 335b.1 Adoption of Codes by Reference 100a.1 Advantages and Disadvantages of a IHome Rule Charter 335c.1 Codification of Municipal Ordinances 100a.3 Minnesota Home Rule Charters A- 369.3 The City Administrator dopted Since 1920 I 390e.1 Charter and Election Data on Min- 100a.7 Principles and Problems of Charter nesota Municipalities Making I 390e.5 Form of Government of Home 100a.8 Sources of Assistance to Charter Rule Charter Cities in Minnesota Commissions I 390e.8 Pros and Cons of Council-Manager Plan 100c.1 Home Rule Charter Commission Pro- cedure 415h1.1 Civil Service Systems and Merit Systems in Minnesota Municipalities l 130b1.3 Competitive Bidding Requirements - Notes 415h2.1 Merit System - Notes and Ordinances I 130d.1 Official Interest in Contracts 4151.2 Some Statutory and Charter Provisions on the Removal of Elective Officers 140a.1 Council Composition and Method of in Minnesota Units of Local Govern- Election in Minnesota Cities ment ' 140a.2 The Ward System of Election of 470a.1 Purchase and Sale of Real Property City Councilmen by Municipalities 180a.3 November City Elections - Odd or 515a1.3 Local Improvement Guide I I I I Rev: SGP:glb 7/77 I - 25 - Ci 11 league of minnesota cities 11111111-5 300 hanover building, 480 cedar st,saint paul, minn. 55101 1111 LUjj Information for municipal officials 100a.7 Revised, January, 1977 ' PRINCIPLES AND PROBLEMS OF CHARTER MAKING (A staff revision of Chapter V of Professor William Anderson's "City Charter ' Making in Minnesota," published in 1922 by Bureau for Research in Government of University of Minnesota- now out of print.) Table of Contents Page The Essentials of a Good Charter 1 The Essentials of a Good Municipal Organization 2 The General Plan of the City Government 4 Special Problems of Organization 7 Problems of Popular Control Over City Government 8 Problems of Administration 10 Problems of Taxation and Finance 11 Miscellaneous Problems 11 I I I The Essentials of a Good Charter election in June, 1921, the voters were asked to pass upon six amendments to the charter proposed I 97. Simplicity and brevity. A home rule charter by the same charter commission, and even these in Minnesota is a legal document which recognizes were but a few of the many that were needed. an existing city as a municipal corporation and or- Ordinances passed by the council can be easily ganizes and empowers the governmental authorities changed, but controversial or major charter amend- "' to administer its local affairs. It is in a sense the ments generally can be adopted only by a vote of local constitution, and as such it affects directly the people after a campaign of publicity. On the the welfare of the thousands or tens of thousands, other hand, few amendments have been necessary I perhaps even hundreds of thousands of people, in cities with more recent charters dealing only in who come under its provisions. In a democratic fundamentals. Elections take much time and cost country, where the people are supposed to.manage much money, especially in the larger cities.. Fre- their own affairs, it is essential that they be able to quently, proposed amendments are defeated. The Iunderstand and to control their government and at lesson to be learned from this is, "Put only the fun- th r:me time spend the greater part of their time damentals into the charter." Most Minnesota char- in their private vocations. Therefore, the first es- ters adopted since 1930 follow this principle. I sentials of a good municipal charter are simplicity, Almost all of these have been patterned after the brevity, understandability. It should be written in model charter originally prepared by the original clear, concise English. It should be brief enough to author of this monograph and revised and circulated I be read in a few hours time.The various provisions by the League of Minnesota Cities. should he simple and plain, not capable of two or more interpretations. 99. A broad, general grant of powers. Another essential of a good charter is a comprehensive grant I One-time Mayor Mathews of Boston,who wrote of powers to the city in general terms.Cities are or- ganized book on municipal charters, puts the truth in this ganized to promote the welfare of the people,and way: "The more intricate and uncertain the provi- where the people are in complete control of their I MOM of the law, the greater the opportunities for a affairs, there is no reason to fear to entrust the city corrupt use of them; and the citizen who has not government with a wide range of powers. If desired, made a special study of these complications is at a the initiative, referendum, and,as restricted by the great disadvantage as compared with the municipal Minnesota Supreme Court, the recall (see section I politician who is ignorant perhaps of every other 117) may be adopted as additional checks to pre- subject, but a master of this." Yet despite the vent the abuse of powers. When the legislature en- need of simplicity and brevity, some municipal acted charters for our cities before the turn of the I charters in Minnesota in the home rule cities are century, it enumerated the powers of each city at longer and more complicated than the Constitution great length in the charter. This was the traditional of the United States, and some of them are longer method of procedure and because it was so corn- 111 than the state constitution or the charter of the Nations• United mon to do this the courts developed the view that the legislature had provided for everything which it wished the city to do. Hence, the courts did not I 93. Details should be omitted. The federal con- permit cities to exercise any powers unless they stitution is short and flexible because it deals with were expressly granted in the charters, or very nothing but the fundamentals. Older municipal clearly implied,or absolutely necessary to the city's charters are usually long because they contain a operations as a municipal corporation. But now I great many provisions which are not fundamental at ail. that cities are permitted to make and to change We think we can foresee the needs of the their own charters, it must be admitted that these city for years to come, and therefore we load the rules need to be materially changed. The legislature I charter with details saying just what shall be done each particular case. could formerly have empowered cities to exercise in se. Then the conditions change all necessary municipal powers,but it simply never and the charter provisions no longer fit. Most char- thought to do so since it was so easy to add new ter amendments are necessitated by just such details powers, whenever the need arose, by a mere act of I 5rli Tg inserted in the charter when the subject mat- ter Icgislaticn. It is not so easy to change a home rule s- ::;c! b left to be regulated by ordinances. charter, and it would, therefore, be better policy to One c;..y in this state adopted a home rule charter grant the city an necessary powers to begin with, I ;rie year and adopted twenty-seven amendments to and thus avoid the necessity of frequent amend- next year. Minneapolis adopted a long, corn- and That the city has the power to do this when -:.`ic;_ted charter in November, 1920, and at the adopting a home rule charter is now settled; for a -1 'M::the;vs,i�lrmici/xr! Charters, p.5. I home rule charter may provide "for the regulation for so many years with different forms of munici- I of all local functions, as fully as the legislature pal government that they are coming to learn, might have done" be ore home rule charters for often by sad experiences,some of the fundamentals I . cities were authorized. of good municipal organization. Slowly but surely there is growing up a public opinion which is united A number of Minnesota cities, beginning appar upon the code of principles soon to be explained. ently with Duluth in 1912-13, have,therefore, left But it must be said that even an ideal form of out of their charters the old-fashioned long and de- enumerations of municipal g government will never work well without the aid of p powers which an alert, intelligent, interested body of citizens. once constituted so much of the enure charter,and There is no such thing as an automatic government, have substituted brief, broad, general statements any more than there is such a thing as a self- Iwhich confer all municipal power upon the corpor- enforcing law The chief stumbling block today as anon. More than 60 Minnesota cities besides Duluth always on the highway to good government is the I have done the same thing in one form or another. apathetic, the indifferent citizen A good form of 'Cincinnati, in the home rule state of Ohio,goes to government is important just as good tools are im- portant extreme in this matter, for its home rule char- portant to the workman; in such a way, a good ter says simply: "The city shall have all powers of charter, instead of hampering the government and local self-government and home rule and all other encouraging inefficiency, will give good officials I powers possible for a city to have under the consti- tution of the state of Ohio."3 Oitonvrlle and Chat- ity to increase the efficiency of the government. field, among others, have included a similar provi- Important as it is, however,a well•organized govern- !! Sion in their charters. ment is not a panacea for all municipal ills. Eternal vigilance is the price of liberty and of good govern- 100. A simple, responsive municipal organiza- ment. In the long run people will get just as bad a I tion. A good city charter should provide for a sim• government, or just as good a government,as they ple, workable, responsive organization of the city deserve. government. It should be simple,so that all citizens and officials may understand it. It should be de- 102 Principles of popular control over govern- I signed not to check and retard the municipal busi- ness, but to promote it, to eliminate red tape,and be few and important The voters will then be able-- to make the government more efficient by a reduc- to cast their ballots more Intelligently, and since tion in the number of working parts. It should be the elective offices will have more importance than responsive at all times to file forces of public open formerly, perhaps abler men can be induced to run ion and to the control of the electorate. Especially for them In no case should the voters be asked to I in large cities, and as far as possible in small places, elect unimportant administrative officers. This may it should encourage and reward expertness and ef- ficiency in the administration, and should discour be called the "short ballot" principle I age the untrained citizen who tries to get himself (2) Election of the council at large will in the by political influence into places which he is not long run ensure the election of abler councilmen, qualified to fill. Even small cities, while they may will establish majority rule, and will put the inter- be forced by their slender resources to the use of ests of the city as a whole above those of any part. volunteer citizen service, may well study their bud Something can be said for electing part but not all gets to see whether it would not be a saving in the of the council by the ward system in large cities, long run to hire a few or even only one full-time but almost nothing can be said for a ward system trained and disinterested municipal official for ad- in small places. If neither an at-large or a ward sys- I ministrative work. A growing number of small cities tem seems satisfactory, proportional representation have done this. may be worthy of being considered 4 IThe Essentials of a Good Municipal Organization (3) The initiative, referendum, and recall, once considered radical and still often criticized on 101. The citizens are responsible for good grounds of political theory, have been commonly Igovernment. American cities have experimented included in 'ecent charters and they sometimes 2".1.S. 410.07. See also Park r City of Duluth 3See sec. 1 02 of the model charter for a specimen I (1916), 134 Minn 296, 159 NAV 627; State ex provision rel. Zion r City of Duluth (1916), 134 Minn. 355, 159 N.W. 792. The current home rule provisions 4See sec. 116, beio'v are found in Article XI of the Constitution as re- ' wised in 1958. - 2 i r I prove to be effective checks upon the city govern- While some persons favor an election plan under rent. To be workable, these provisions must not which al: councilmen may be replaced at once if require a large percentage of the voters to sign the the voters are so disposed, it seems more desirable petition. The voters should and will learn not to to provide a system of overlapping terms to assure I use these powers too often. Their value is in their having some experienced councilmen at all times. existence as much as in their use.5 With four-year terms, this plan also avoids too long an interval between city elections. I (4) Elections should be on non-partisan ballots, as provided by state law except in Minneapolis and (4) This single small council should have com- plete Paul and should not be held at the same time as plete control ove" the entire government- It should I the state and national elections. Nominations in be held responsible for everything. it should enact the larger cities should be made at non-partisan pri all local ordinances. It should control the adminis- maries, in smaller places by petition or mere filing. tration, but should not itself attempt to administer The plan of making the first election final for all the city's affairs "There is a radical distinction be- 1 who receive clear majorities at that time is a corn- tween controlling the business of government and mon-sense method and well worth considering. actually doing it," says John Stuart Mill. "The business of the elective body is not to do the work, 103. Principles of legislative organization. (1) but to see that it is properly done,and that nothing I There should be but a single body to legislate and to determine policies for the city, and it should be necessary is left undone,"7 This the council can best do through the power to appoint and dismiss elective by the voters. As John Stuart Mill has put a single chief administrator or several chief officials, I it, "in each local circumscription there should.he and through annual budgets prepared and proposed but one elected body for all local business, not dif by the officals but passed by the council itself. ferent bodies for different parts of it.-6 Moreover, it confuses matters, and scatters responsibility en- 104, Principles of administrative organization. I tirely too much, to have a number of boards exer- Responsibility for administration should be casing legislative and financial power alongside of centralized, if possible, and as much as possible, in the council. "Put all your eggs into one basket,—and one person Efficiency is not obtainable where ad- I then watch that basket." ministrative work is divided up among a number of equal and independent department heads. (2) The single legislative body (council) should I be fairly small, probably not over fifteen even for (2) , , the ( ) The chief administrative officer sho tad be the largest cities in the state, and from that on appointed by, and be under the control of, the down to five or seven members for small places council,and his appointment should be based solely Small bodies do not need a large number of corn- upon his ability and fitness. The alternative scheme Imittees to diffuse both power and respons,bility. of having him (in this case the mayor) elected by Small councils are also more practical and business- the voters is also worthy of consideration; but it I like, less given to long speeches,and more speedy. if will not always be sure to select a trained, able ad- less formal in procedure. A few of the ablest men mrn�strator, though this may sometimes result. in the city can do better work than a large number of men of small capacity. (3) Politics should be separated from adrninis- ' tration as much as possible. Not until this is done, (3) Members of the council should hold office not until city officials who do administrative work for definite and fairly long terms Four years is not are selected without regard to politics upon the too long a term, and every good councilman should basis solely of their training and ability, will city I be rewarded by at least one re-election- Experience administration ever be fully satisfactory is an invaluable asset in all public business. Free dom from politics is also important; a councilor (4) The chef administrator should choose his who has to run for re-election every year or two principal subordinates solely on the basis of train has less time for his public duties. It the voters may ing and fitness, and should have power to remove recall their officers, there is little danger either in them at will. Of course, an elective mayor, if he is long official terms or in vesting the members with the chief administrator, will almost always have to great power. pay some political pledges in making his appoint- -ee sec. 1 i?. Mill, Representative Government, Chs 5, 15. 6Mi!l, Representative Government, Ch. 15. I -3- I z ments,and thus he will sacrifice good administration tage of separating the police question from all I to politics. A chief administrator chosen without others in the municipal campaign The mayor is regard to political considerations will not need to primarily a police officer and runs on a platform of do this. strict law enforcement or "wide open town." The disadvantages of this plan clearly are that it keeps I (S) All administrative officers should have rude- the police question always in politics, since the finite terms of office, but be subject to removal at mayor hay very little else upon which to base his any time by the appointing authority for reasons candidacy. The city council, not having charge of I to be stated by him. A city engineer,for example, the police, feels little responsibility for that depart- should not have a tenure of only a year or two,for ment and very often fails to appropriate enough as hegiows better acquainted with the city his value money for it. The voters are usually deluded into to it increases,and also his work will be better It he thinking that the office of mayor is a very impor- does not have to seek reappointment at short inter tent one and they permit most of their attention at vats. The chief administrator himself should have the time of election to be distracted by the mayor- an indefinite term, but be removable at any time alty campaign As a matter of fact, when the mayor I • by the council. gets into office they find that he can do little for them. Among the different departments under the (6) Official salaries should be honorable and council there is little cooperation since in this plan I adequate, worthy of the work to be performed, the council does not appoint a single manager for but they should not be fixed in the charter. municipal affairs but rather appoints a clerk, an engineer, a fire chief, a building inspector, a street The General Plan of the City Government commissioner,a board of health, and perhaps other I separate and Independent officers. Legislative and 105. Weak mayor-council plan. The greater administrative functions are not separated. The I number of cities in Minnesota are governed under council not only raises the money but spends it as the plan which is first to be described.8 It is un- well necessary to name all the cities in the state which have this scheme of things but it may be well to 106 Strong mayor or federal plan. Among the I note that Ada, Alexandria, Arlington,and Biwabik, larger cities in the country, the tendency in recent among the smaller cities, have this plan of organiza- tion and that Minneapolis also has it to a certain mayor or federal plan of city government.9 The I extent. This plan prevailed in practically all the plan is equally applicable to small cities. Thus we cities chartered by the legislature betore 1892 and find that the cities of Cannon Falls, Duluth, North- exists in all but a few of the statutory cities. Under field, St. Cloud and St. Paul among others in this I this plan as embodied in home rule charters in state have this plan which separates the legislative Minnesota the mayor is little more than the nomi- from the adm n:strative powers of the city, and nal head of the city. He often has charge of the centralizes the administrative work in the mayor. police department, he is usually given the veto po- This is, of course, similar to the plan of the federal I wer, in some cases he sits as a member of the coun- government Under this scheme of things the mayor ell, and he is given certain min,sterial powers The is in reality the executive head of the city. The of- council is the real governing body of the city. It fice of mayor becomes an important one and it is makes all the ordinances, levies the taxes, passes hoped that abler men will be attracted to it as they I the annual budget, appoints nearly all of the heads of departments, and actually conducts the adminis see the possibilities of public service in it. The mayor is empowered to appoint, and to direct the tration of the city. In addition to the mayor and work of, all or practically all of the department I the council the people often elect a treasurer and heads_ He is given the power to prepare and to sub- sometimes a clerk. There may also be one or more mit to the council the annual budget. He also has boards as for example a board of health, a library the veto power The council, on the other hand, is I board, a park board, and a board of water and light restricted to legislation It may not interfere with commissioners. the administration though it may control the ad- ministration to some extent through ordinances It is sometimes argued that placing only the and through the passage of the annual budget. Ipolice department under the mayor has the advan- `� ' Sc' tile diagram of this plan in the League mem- 9See the diagram of this plan in League memoran- 11 oranc'urn "Four General Types of Government (-Wm on "Four General Types of Government Stir c_..ire In Use In American Cities," 390e 7. Structure In Use In American Cities," 390e.7. I -4- Some of the advantages of this g h plan have already The essential idea of tie commisr:on plan is that I been stated. The mayor's office becomes what peo- executive and legislative responsibilities are fused pie expect it to be, an important one. Administra- in a single body usually called the city commission. tion is centralized, Legislative and administrative The commission plan is founded upon the short functions are to some extent separated. As a matter ballot idea. It eliminates the ward system entirely. of fact, however, this separation is not as complete The people elect three, five, or seven persons on a as is usually said. The mayor retains his power to non-partisan ticket from the city at large. These recommend and to veto legislation. Through his men are the council, or commission of the city. As great power of control over administration and one body they enact the ordinances, levy the taxes, I over the public business, he may practically domi- nate. pass the annual budget, and determine all the poli- cies the legislative body. It is true also that if the ties of the city.As individuals they each take charge council attracts any men of ability there are likely of one of the three or rive or seven departments in- to be serious clashes between the mayor and the to which the city administration is divided. Some- council. The public business may be obstructed times, however, one member who is designated the while the council and the mayor are squabbling mayor does not have control over any particular over their relative powers. In the long run,however, department but has a general power of supervision since the council does not control administration, over all the others. There is thus no separation of and since the ordinance-making function is not a powers in this scheme of government; the same very important one, the counci wili not attract the group of men raise the money and spend it, and I ablest and best men in the city under this plan.The make all the ordinances for the city. mayor's office has been made stronger really at the expense of the council. There is also another disad- The advantages of the commission plan are as I vantage and that is that problems of administration follows: (1) It greatly simplifies the work of the instead of general municipal policies wili become voter, for he is called upon to elect only the mem- bers of the council or commission. (2) Responsibil- re-election on the ground that he has given a good ity is concentrated somewhat better under this Iadministration. Someone will run against him who plan than under more complicated and older forms. charges that the administration has been poor. if There is a "higher visibility" for seeing all the this second party wins,as he is likely to do in more working parts of the government. (3) There is some I than half of the cases, he will feel it his duty to dis increase in administrative efficiency due to reducing miss some or all of the department heads appointed the number of city departments to three, five or by his recent opponent. A new set of city officials seven. (4) Election at large serves to bring somewhat will then start to learn at the expense of the city, better men into office than are obtained under the I how to run their departments, and they will no ward system of electing the council But there are sooner have begun to learn than they may be re serious disadvantages to the plan, too. (1) Men II moved because a new person has been elected elected because of their popularity or because of mayor. In other words the administration is kept in the policies for which they stand may prove entire- ly instead of being removed from politics, and ly unfit to administer a great department. (2) As in the long run political administration is inefficient administrators their careers are short, which results I administration. This tendency will not be so notice- in making the city departments a constant train- able in small cities as in large, and it may be over- ing school for city administrators, (3) The city's come by a long process of public education to the administration is not sufficiently centralized; there need of expert administration,but the danger is al- is still some division of responsibility, There is likely I ways there, to be pulling and hauling between the departments for appropriations, and since three men can domi- 107. The commission plan. The commission nate a commission of five, one or two departments I plan of government really had its beginning in 1901 are very likely to be slighted in the making of at Galveston,Texas) About 1910 it was the most- appropriations. (4) In general, politics and adminis- talked-of form of city government in the country, tration are not separated but fused into one. The I ar,..1 I,. achieved considerable popularity before its same men who make the policies administer the pop uii-ity waned and many cities abandoned the departments. The men who levy the taxes also pla �. i'here are now only 220 commission plan spend the money. But when all the advantages and cities in the United States. It was used for many disadvantages have been stated, it is still safe to say Iyear: in St. Paul and Duluth but now is found in that the commission form was a great improvement i:'..:n sc only in Faribault, Hutchinson,and Pipe- over the weak mayor-council governments it corn- stone. No Minnesota city has adopted the plan since monly replaced °Se.c 'ne diagram of this plan in the League mem- rr:naum "Four General Types of Government I ::)=s C:I.:. in Use in American Cities," 390e,7. -5- I f 103. The council-manager plan. The council- izes responsibility and unifies the powers of govern- mI anager plan of city administration was given its ment as much as or more than either of these two start in the United States when in 1908 the city plans, and in addition it separates politics from ad- council of Staunton, Virginia, abolished adminis ministration. tration by council committees and employed a I "general manager" for its business. The plan was The usual arguments against this plan are as first embodied in a city charter by Sumter, South follows: Carolina, in 1912, and in 1913 both Dayton and I Springfield, Ohio, followed suit) 1 Since 1914, tt First, that it is autocratic, that it vests too much has spread with even greater rapidity than did the power in one man. In fact, however,the manager is commission plan at the time of its greatest popular- not given as much power in this plan as is the mayor ity. Nationally, over 2,300 cities operate under the in the federal plan, and besides, the manager is plan and it now predominates in the cities between kept constantly under the control of the council 25,000 and 250,000. A quarter of Minnesota's which may dismiss him at any time. In fact the home rule cities use the council-manager plan and manager cannot be an autocrat, for he is only the I it is in operation in more than a dozen statutory cities as well. chief servant of the council to do what it commands without any control over its policies. • 1 The foundation stones upon which the manager Second, it is also said that the plan is undemocra- plan is built are the short ballot, the unification of powers, because it may give an important local position ers, the concentration of responsibility, the to an outsider, which seems to be a slur on local I separation of politics from administration, and the talent and a denial of the fitness of every man to use of non-partisan trained experts in the adminis- tration. fill any public position. This argument is based on The voters are given the advantage of the the feeling that public office is a reward rather short ballot, for they are called upon to elect only than a trust, and that local residents should be en- the city council. In this council all the powers of titled to all local offices. In fact, the council may the city government are vested, so that it and it select a local resident as manager if it so desires, alone can be held responsible for the entire city but when it does so it is running the risk of getting I government. Just as the council can be held respon- a man interested in local politics, thus defeating its sible for the entire city government, so can it in own purpose of getting an impartial trained admen- turn hold its chief servant,the manager, responsible istrator. The local range of choice is narrowly limi- for the administration of affairs. The council is ted and there may not be any local resident fully I elected by political methods through popular elec qualified by trainingandexperienceforthe position Lion, but it is required to select its chief adminis- of manager. trator without regard to political considerations, l and being a political body the council is forbidden Third, it is said that a manager chosen from out- by the charter to meddle with details of adminis side the city will not know local needs and condi- tration, though it may remove the manager himself tions. This is true, but in fact he scarcely needs to. I at any time. Thus the function of determining all It is for the council to say what is to be done, to policies and of controlling the administration is decide all questions of policy, and it is for the man- vested in the council exclusively, but the actual ager to know principles of municipal administration work of administration is done by men removed so as to carry out the council's wishes most effec- I frcm politics and without any control over policies. tively. He will soon come to know his city. As the manager is selected for his administrative ability, so he in turn is supposed to select all his Fourth, it is alleged that there are no such ex- assistants upon the basis of their fitness alone, and pert and trained city administrators as the manager it is to his advantage to do so. plan requires. This was once true but it is scarcely true any longer,and the statement conceals a larger The mere description of this plan indicates the truth. Through graduate training programs in uni- nature of the arguments commonly put forward in versifies supplemented by on-the-job training as support of it. Almost everything drat car, be said in administrative assistants in managers' offices and • favor of either the federal plan or the commission other posts providing managerial experience, there 1 lan can also be said in favor of this one. It central- 1, has been provided enough competent managerial 'See the diagram of this plan in the League mem- I :;rar.dum "Four General Types of Government Structure in Use in American Cities." 390e.7. See also "The Pros and Cons of the Council- Manager Plan," 390e.8 - 6 - talent so that even the smallest cities with the too much loss of energy, in the operation of our council-manager plan should have no difficulty in city governments. Only the bosses and party mana- I getting qualified applicants when a vacancy in the gers knew how to operate them When finally the position occurs. Actually, the city manager move- people aroused themselves to see what was wrong, I. ment has called into public service a large number there began a return to simplicity in the forms of of persons of a class to which the older forms of municipal government. The commission plan and city government never made the slightest appeal. the council-manager plan have found favor in hun- The average person who wants to be a councilman dreds of cities because they have made popular a or mayor under a council and mayor or a federal control over cif I Ian of city city government more effective. plan y government, or a commissioner in a Indeed, speaking broadly, it may be said that the commission plan, has little or no training in admen nineteenth century settled the principle that the istration, and on the other hand in every large city people,acting as voters, must have full control over land in many small ones there are men who never their city and other governments. It is the task of will run for elective office who hive both the ability the twentieth century to make democracy effici- and the training fitting them for city managership, ent, — to find forms of government under which Mayors and councilmen elected by the people are popular control will be a reality and through which the ones best fitted to determine municipal policies, the people can get expert, efficient service to to enact local ordinances, and to order public full value of every the • works, but we need to call out the other type of manager plan is the latest, the expended. council- seems ' ability to do the actual work of administration in to_ be the most the most workmanlike and businesslike way. The democratic corttrol of policies with th expert dt miI . nis- manager plan does this. tration. Fifth, it is also said that there is nothing to guar- Special Problems of Organization antee that the council will appoint a.manager w.th- g atron ' out regard to politics, nor to assure the people that 110. The school system: independent, or a the manager will not appoint politicians to office branch of the :city government? This has become at the behest of the council. The first point here is largely an academic question in Minnesota. Either I absolutely true. The manager plan is not automatic. under general laws or under special laws of long It is neither fool-proof nor .politician-proof. If the people elect a council which is willing to sacrifice standing, school affairs are handled in special school districts under elective boards'of education' I efficiency and the public good to purely political rather than being integrated in whole or in part ends, there is nothing to protect the city against into city government, as in some cities elsewhere this sort of thing. The government will probably in the country The areas and boundaries of school become just as bad as the voters deserve. A mana- districts do not usually correspond exactly with I ger appointed without regard to politics, however, those of the city, but even in the few instances is not likely to fill the offices under him with in- where the boundaries of city and school districts competents. The manager has a reputation to make coincide, it has become universal practice to separ- if he expects to succeed in his profession. He cannot ate the schools from city government. At one time I afford to put unfit men into office,since it will en the education function in St. Paul was handled by danger the success of his administration, a separate department under the city's commission I plan charter, a plan sanctioned by the Minnesota 109. Conclusions as to these forms. During the Supreme Court, but schools in that city are now centuries since the Revolutionary War the peo- handled by a special school district. In only a very ple of the United States have made more experi- few cases is there even a partial financial control by meets in the organization of city governments than the cities over the schools. any other people in the world. Our cities passed from a simple uniform plan of organization into a 111. The problem of separate boards. Almost variety of complex schemes in which there were every mayor and council city in Minnesota has cer- I more elective officers, boards, and departments fain boards and commissions Armory boards,which than could then be found in any other cities in the handle state rather than municipal affairs, are pro- world. Always the thought was that these changes vided for by statute and it is almost certainly out- I would give the voters more control In tact there was too much of the power of cities to change them. Health uch machinery, too much complexity, boards are also provided for by general laws, but I 12State ex rel Smith n City of St Paul, 128 Minn 82 150 N W. 389 (1914). 7 I since local health is a municipal affair there seems ministrative positions. The more elective officers I littie reason why the council in each city could not there are, the longer is the ballot, and the more itself be and perform the duties of this board. The divided is responsibilitiy for administration. In same is true with reference to library boards and small cities the office of treasurer has little reason park boards, which cities may, but are not required for existence, The county treasurer collects most to, create. Indeed, so far as power to do so is con- cerned, the taxes, the funds are deposited in banks,and ::ri;ed there is little reason why the charter should the function of keeping the books and making out :iot vest in the council all the powers of all the order-checks could easily be handled by the clerk I boards which have been named except the armory or some other official. The offices of clerk and boards. The same may be said of boards of public treasurer have been combined in a number of char- works, water and light commissions, and all the ter cities in recent years. In places which have small I other administrative bodies which our legislatures annual budgets and which need to practice rigid and our home rule cities have seen fit to set up in our cities. Instead of centralizing responsibility,such economy, the object should be to reduce the num- ber of paid officers to a minimum by combining bodies almost always diffuse it. They do not gener- similar functions into one office, ally draw more expert and able men into public service. Frequently, it is hard to get good atten- 113. Differences between large and small cities, dance at their meetings, with the result that the When a charter commission comes to the point of I work often devolves upon one or two members. drafting a charter for the city it should seriously They complicate the machinery of the government, consider the size of the city for which the govern- They always detract from the importance of the ment is designed, A large city needs a great deal of I city council. If their powers are purely administra- machinery not required in a small place, This fact tive, their work could usually be better done by is recognized in many of the general laws of the one man. If they have power to determine policies state. For example, while a city primary election I and to raise and spend money,conflicts with other system may be needed in a large city, it is not city authoritiies are almost sure to result, and the necessary in the smallest places. Large cities will city will develop unevenly along different lines. need a considerable number of voting precincts, Libraries may lag, while parks forge ahead. Indeed, They may in some cases desire and need a larger I it is becoming generally accepted that separate city council and perhaps even feel the need of dis- boards are of little genuine utility in city adminis- tration. trict representation in the council Having more. Temporary commissions for investigating money to spend they are in a better position than certain problems, such as public markets, municipal the small cities to employ expert officials to head I ownership, and so on, and city planning commis- sions e different departments. Hence large cities may sor:s to prepare plans for the city's future growth require a formal merit system for selecting officials. and development are often of the greatest utility, Large cities may need a few more departments of I as are certain quasi-judicial and legislative boards administration than small places. Thus we could go like zoning boards and civil service commissions. on enumerating one difference after another be- The city council should have power to create temp- tween the less populous communities of the state I orary commissions, but ordinarily their powers and the larger cities, However, while recognizing should end when they have presented a final report the differences in the needs of large and small cities, to the council. It is also appropriate to authorize one should add that most of these differences can or require advisory boards, even on a permanent be reflected in ordinances adopted by the council I basis. and do not require differences in charter provisions, 112. The problem of separate elective officers. Problems of Popular Control Over City Government I What has been said above about separate boards ap- plies in part-to the subject of this paragraph. Separ- 114 Nominating methods: primaries and peti- ate elective officers are not unusual in those Minne- tions. In small cities, as has been said above, the I sota cities which have the council and mayor form, problem of nominations is not so difficult as in Some of these offices have been created for the having pur- The state law authorizes primaries (nonparti- san,of aving one to watch another They have san, except in Minneapolis and St. Paul) as a means been made elective because the people have felt of nomination to elective office in cities, but any Ithat in this way direct responsibility could be en charter may prohibit or provide for a primary: the :Diced. As a matter of fact it is doubtful whether city is not restricted to the statutory provisions. direct election to such offices as treasurer,engineer, The primary system is reasonably satisfactory, it is I and so on, has ever justified itself. Popular election understood by the people, and it might well be is not the best way to get men with training for ad- continued unless the charter commission finds argu- - 8 - Imeats for a different system,such as a two-election charter commission- 'merrabers who are conscious of plan or proportional representation, more persua- the weaknesses of the more traditional methods of ' sive. Under the two-election plan the first is not a electing councilmen. The "Hare system"of propor- primary because any candidate who receives more than half the votes cast for a particular position is tional representation, or something similar to it,has been very widely adopted in European countries declared elected at that time. The plan of having as well as elsewhere throughout the world not only I two elections appears to have two merits. First, it should bring or municipal elections but also for the choice of m out more voters at the first election members of the legislature or parliament. The cen- than usually attend a primary. Second, it may fre- tral idea in this plan is to make the council or legis- I quently save the city money in conducting the sec- lature a truly representative and deliberative body and election,and in rare cases may entirely obviate by giving to every political group representation the necessity of a second election. For smaller cities according to its numbers, Thus if there were 1,000 the system of nomination by petition without voters in the community with ten councilmen to I holding a primary election may have merit in limit- be chosen, as far as possible every 100 voters who ing candidates to those who have substantial sup- could agree on a candidate unanimously should be port. In small cities a fairly high percentage of allowed to elect him Neither under the ward sys- I voters may be required to sign a nomination,but in tern nor through our present methods of election no case over ten percent. in larger places the per- at large are groups given proportional representa- c•eritage requirement should be made smaller, say tion, The dominant group in most cases gets more I from three to five percent in cities of over 5,000 than it deserves, but sometimes a minority group population. Substantial petition requirements are can actually elect a majority of the city council. rare in Minnesota, however. What is needed in any Thus the majority may be unduly free to work its I city to assure that successful candidates have major- will,or it may be entirely defeated- Under the Hare ity voter support will depend on local election ex- system of proportional representation it is justly per fence; in many cities, especially small cities, the claimed that parties and groups get what they de- problem is in attracting enough candidates, not too serve and no more t many. In order to carry out the plan of proportional re- 115. Preferential voting. When the question of presentation at least four or five representatives or I elections is under discussion it is very common to councilmen must be elected from a district, or in have the system of preferential voting proposed or other words a city council or commission of five at least brought up for discussion. Preferential vot- would have to be elected at large The voter would ing is a scheme by which a voter may designate not then mark his ballot with the figure 1 after the can- ' only a first but a second and a third choice, or even didate of his first choice, 2 after his second choice, more, among the candidates for a particular office. and so on to as many choices as he cares to exer- The essential idea is to bring about true majority cise. A system of counting and distribution of votes I elections, where there are three or more candidates is then followed which results in the counting of for an office. The various methods by which this is every vote for some candidate of the voter's choice done need not be described here. It is sufficient to but no vote can be counted for more than one can- say that this system was used in the state elections didate. The counting process is not complicated, I in 1912 under a law of that year and immediately discarded by the next legislature.The city of Duluth but it would take too long to explain it here One difficulty in using this scheme in any city where it tried the plan about the same time under its 1912 is not used generally for all elections is that the I charter. The election of a municipal judge by this voter gets confused and marks crosses, as he is ac- method was contested, the case going finally to the customed to do, instead of figures This spoils his Supreme Court which decided that preferential ballot. The number of spoiled ballots is sometimes I voting is contrary to our state constitution and very high. Furthermore, the counting of ballots is therefore unlawful in this state.13 However desira- ble preferential voting may be, therefore, no city ing machines cannot be used for voting and tabu- should attempt to provide for it until our constitu- Latin g. Another possible objection in Minnesota is I tion has been changed. that the scheme may be unconstitutional Prefer- ential voting was declared illegal both in Michigan 116. Proportional representation. Proportional and in Minnesota;and the Michigan court also held I representation in the o representation- I council for all parties,groups, proportional representation invalid. At one time, and factions in the city may have its appeal to however, New York City adopted proportional re- ' 1313':•oiv:t v. Smallwood, 130 Minn 492, 153 N.W. 953 (1915). - 9 - f presentation and the highest court of New York Sec. 2) is applicable which limits recall elections to I upheld the constitutionality of that scheme)4 those cases where there is malfeasance or misfea- While the attorney general of Minnesota once ruled sance in office So viewed, recall seems impractical that proportional representation was invalid in this since the council cannot be compelled to call a re- state, the favorable opinion of one of the best- call unless the grounds stated do constitute malfea- reputed reputed courts in the country seems to increase the sance or nonfeasance,usually not something which chances that proportional representation would be held valid in this state. can be tested by the election process IIf a city would like to include proportional re- Problems of Administration presentation in its charter, but fears a decision of 118 The administrative provisions of the char- unconstitutionality, it can avoid the consequences ter. Much consideration has been given in recent I by including alternative sections for a more con- years by concerned citizens and scholars to such ventional method of election, such an alternative facets of public administration as efficiency, to be operative only in the event of a court decision responsibility, responsiveness, and standards of that the proportional representation system is in- conduct. Many graduate schools have been estab- I valid. Proportional representation does have decided merits; to do research in public administration and e-rts; the fact is that under this plan every vote is public policy development and administration. counted on ! and only once, and votes come With the rapid and continuing increase in the cost Inearer to having equal value under this scheme of government, we have come to see the necessity than under any other yet devised.15 The system for getting a dollar's worth of real service for every was used for a few years in Hopkins but was aban- dollar spent. This raises the questions of budget- doned. it has not been a popular system with the making, of the civil service, of proper financial pro- I voters and is now used very little in cities in this country.y. cedure, of adequate accounting and reporting, of methods of contracting and of doing work directly I117. The initiative, referendum, and recall. in partmentsb and fmanynotherl important matters. another place we have summarized Minnesota What provision should the charter make upon these home rule charter provisions for the initiative, ref- subjects? Generally speaking these matters should I erendum, and recall. It is not necessary here to go not be dealt with at length in the charter but should into the arguments for and against these instru be entrusted to the council for it to regulate by or= meats of popular control. If they are to be made dinance Only the fundamental provisions needed I effective the number of voters required to sign the to protect the city should be inserted in the charter, petition in each case should be kept reasonably low customarily higher, however, for recall than and these should be worked out with the greatest care. The knowledge of municipal administration is for the initiative and referendum At the beginning still developing and changing. Every year cities I this may have the result of encouraging the voters learn something new and find it wise to change to use them too freely,but in the long run a demo- their administrative procedure. It would be unfor- cratic people learns self-control even while practic- tunate to embody in a charter, which is hard to I ing complete control over its officers, amend, a whole series of detailed administrative provision Although the recall, like the initiative and refer- wo kables which may soon be out of date and un- ' endum, has been included in most recent charters in Minnesota, its usefulness has been seriously cir- cumscribed 119. The administrative departments. For the r;scribed by a decision of the Minnesota Supreme larger cities of the state it may be feasible to desig- Court holding that recall was a removal from office nate in the charter the number, the names, and the Iand therefore a constitutional provision (Art. XI Ii, principal functions of the chief departments of the 14-Johnson P. City of New York, 274 N.Y. 411 ' (1 537). This decision is perhaps of greater signi- ficance in Minnesota than the Michigan case since the constitutional language involved is ex- ac..t:l' the same as that found in the Minnesota constitution. r ;- - __ - eor- further information upon this subject, see l;a1:.it, .,-'roportional Representattou: The Key to Democracy, 1937, 177 pp. - 10 - Icity. For smaller cities - and many would say the amount of taxes that may be levied per capita are larger ones as well -the wiser policy seems to be to so restrictive that any charter provision for a lower I leave this matter to the council,and this is particu- limit (a higher limit is legally impossible) seems larly true in cities which adopt this council-manager generally undesirable. While the statutory limit on plan. if the council itself cannot appoint the heads net debt (6 and 2/3 percent of the assessed value) of departments, there is little danger that it will may be reduced by charter, many find it unwise to I create too many departments and offices. Further- fix a lower limit in the charter and rely instead ex- clusively in small cities the aim should be to combine clusively on the statute. The only way to keep functions as much as possible into a few important down taxes in the long run is to keep down ex- 1 offices, but just what combinations can be most conveniently made will not be known until some- penses. Generally speaking; this cannot be accom- plished by merely putting a provision in the charter thing has been learned about the qualifications of or in the statutes it can be accomplished to some I those who are to fill the positions. From time to extent by the constant pressure of interested citi- time, with changes in the official personnel, it zees through taxpayers' and voters'associations A should be possible to transfer duties from one office good budget system, with adequate publicity, to another and make new combinations. Cities backed by alert citizens, will succeed probably bet- 1 which adopt a commission form of government ter than anything else. A municipal organization in are; of course, more rigidly bound,and for them it which the officers themselves have some incentive _ would seem to be wiser policy to name the depart- to attain efficiency will also be of much influence 1 meats in the charter and to designate in general in keeping down taxes. language the functions of each. Miscellaneous Problems I 120. The merit system. For the three largest cities there is no question as to the continuing need 122. Local improvements and special assess- or charter provisions establishing and providing ments. The model charter contains very few provi- for the enforcement of the merit system. Through- sions on local improvements and special assess- 1 out tlx:= country, however, there has been a trend toward menu. In this respect it departs from the precedents toward making the city personnel agency a service set by many older city charters in Minnesota, but is arm of the executive rather than a watchdog to consistent with recent charter practice. While there I prevent evasions of the merit principle. This em can be no doubt as to the importance of these sub- phasic is at least as appropriate for small as for jects, it must be admitted that there are few bran- larger cities. in smaller cities of the state the number ches of municipal administration in which there is of fu !-time city employees is usually not large greater need for such flexibility as is found in the I enough to require the elaborate machinery of the statutory local improvement code, which applies civil service commission and civil service rules, outside first-class cities unless a charter adopted There should, however, be a just standardization of after 1953 provides otherwise (See M.S.A,429 01- 1 salaries and so far as possible there should be some 429.111 } Certain fundamental provisions may pro- sort of competitive test for the filling of each vac- perly appear in the charter, particularly such as are ancy in the city's service. In small cities with the designed to protect the property owner and tax- ' council-manager plan of government, the council payer, but beyond these the charter should not go might itself standardize positions and salaries. It is not necessary to provide for these matters in the 123 Franchises and public utilities. The model charter; they may be left to council action.6 charter provisions upon these subjects are so draft- / ed as not to hamper the council and the voters in Problems of Taxation and Finance case they desire municipal ownership, and at the same time to give them ample control over the local I 121. Tax and debt limitations. For various rea- sons utilities in case they are left in private hands. Provi- sions on the regulation of rates of private utilities debt limit for the city but merely allows taxes to doing business in the city are no longer of much I be levied and debt incurred within the limits estab- charter concern since gas and electric companies fished by law. Statutory limits on the per capita in as well as telephone companies are subject to ex- cre that ay he made in property taxes each clusive state regulation of rates: ;:car and older and occasionally lower limits on the I 16riti.:s may `aloe advantage of the enabling statu- tes to establish separate civil service commissions Ifor their police or fire departments or a single civil service system to cover all departments. - 11 1 I 124. Municipal courts. Only the legislature may sions. In fact, a large number of sections originally establish courts in this state. A home rule charter included were subsequently eliminated from the may neither establish nor dis-establish any court. charter entirely. They were in most cases mere de- 1 It is possible that a statutory city having a justice tails. They could be just as well dealt with of the peace may continue that officer in its home nances. The people in the United States must learn 4 rule charter and provide for his election but it may again to trust their city councils. If need be, they - - not modify his statutory powers and jurisdiction. must elect better men to these bodies, but they The county court system, universal except for a will never encourage the best fitted to seek council county-wide municipal court system in Hennepin positions until they give the councils something im- and Ramsey Counties, is not a municipal institution portant to do. The soundest and most constructive and is therefore not an appropriate ppro riate matter for re- movements in the reform of city government today - gulation by city charter. are not those which aim to make the mayor all- 125. The council and the administration. Many powerful but rather those whose objective is to strengthen the council, the representative body,as readers of the model charter will be impressed by the dominant force in municipal affairs, The model I the brevity of many of the administrative provi- charter is based upon this principle, - • I Revised: I OCP:de 1-11-77 1 1 1 1 I I I 1 - 12 - 1 i l 1 a s 1 9 8 7 Building to Meet Our Transit Needs "We have continued to progress toward the realization of a more comprehensive and cost effective transit system for our citizens." Elliott Perovich,RTB Chair I a of t tran needs, wh ,keeping the ry as effective as g were ny identified he sit in the Regional ich desiredsilt . These included seice from a large bein increase fect in the iii Transit Board's Transit Service number of customers served who went to work- Needs Assessment, were further shops and activity centers. The phenomenal in- refined and developed in 1987.The refinements crease placed capacity problems on the system and developments were made to lay the ground- and created scheduling problems for individuals III work for an implementation process that will needing rides. The RTB also learned that com- address unmet transit needs in our Twin Cities plaint and certification issues needed to be dealt 1 Metropolitan Area over the next several years. with in a manner more reassuring to the customers This work will culminate when additional and of the system. Our goal is to have a Metro Mobil- improved transit service are established for tran- ity system that functions at a level that provides sit in several areas. the best possible service for its customers. The Work progressed on the development and test RTB will work hard in 1988 to improve this ' marketing of new or improved transit services in important transit system. i Anoka County,the northeast suburbs,and at tran- A working relationship with Ramsey County sit hubs at several regional shopping malls. It is Regional Railroad Authority(RCRRA)began in I important to mention that these projects would not 1987. The RTB and the RCRRA began working I be at the current development stages without the together to study the potential light rail transit total cooperation, participation and support of (LRT)alignments for the Midway Corridor(the 1, many local units of government and businesses. I corridor between downtown Minneapolis and _ commend the officials and business leaders of downtown St. Paul). This corridor has been 1 these communities for their commitment to identified as the region's priority corridor for transit. LRT.The goal is to select a specific alignment for In addition to developing strategies for improv- this corridor and to proceed with preliminary ing identified the RTB engineering. The process will give the RTB and � continued to work on areas that cover the entire the RCRRA a thorough assessment of the pro- i family of transit--including ridesharing, Metro posed project. Mobility, light rail transit and paratransit pro- Finally,we will continue working toward serv- ' grams. ice excellence with the forty-plus providers in the An evaluation of the Regional Rideshare Pro- region under contract to the RTB. I commend the gram strategies began in 1987. The results will be transit providers for their continued cooperation I used to improve our rideshare services,including and hard work. ' rideshare techniques,in the region. This process While 1987 was a busy year,1988 promises to I has had the extensive involvement of our RTB even be busier yet. The RTB intends to meet the Rideshare Advisory Committee. challenges of 1988 with optimism and foresight. The first full year of operation for the restruc- II tured Metro Mobility service was completed in Elliott Perovich, 1987. Several major problems continued to per- Regional Transit Board Chair -I I I I 1 I I . „!° 1; !‘44:,--.,, ) ri Carole Faricy George Isaacs Doris Caranicas v I Rochelle Graves District A District B District C District D 11), , `lti' J'i`b W , F` i't- .t,, , ,t-:44 . , _. t , -,,,, ,,,,., I , „a. . s \-, $�; by e ,, IRuth Franklin Alison Fuhr Paul Joyce Edward Kranz District E District F District G District H .,.....1 of........ ■.<<.,..<..« ..°,.„ - ``r-�5. . 5 Regional Transit Board Districts ;„o 4 r't a }` IE - ;r ~' ”°"`. """ ; f,e �p Elliott Perovich i .16,. ...,,,,A4, ' ..<., ,.,,<. „ t ...... Chair li 4_� � ' a w., -Tft ' i i 4Y , a ,<. .:< ' Gregory Andrews.... . r. , , ,Lp.. i i "< ?..., j Executive Director I ,. I Regional Transit Board f 3 1 2 `14 I I 0, s I I I . f «'� _ p t • I With the help of RTB f su r ``, _ -' funding,people without t jobs who are actively 1 seeking employment :� .are now eligible for 1 discounts on transit � '`' fares . _ I j 1 p. 6 v. r. Ivk .-c •` ` t # x• r'fir ;i '; ' .c I a • • • �Fp� ' r,-..-7,z,,,, R J� a 3� L'L `- •_:•14-.~,:z-, 2 {yr?rty i ` lh ■ • t43,4,i1,...-.,',1,1'..:.Y ; is ,rM 3 �'t ; :rlp� I '�t.§ktits fig', :'t r'g�'1 { • " z 4t i ; ,y,�,y,44 R • 35 y i i 4..i. ( Si It is the RTB that ' "zf ' S� " s ormulates short-and i t ; t- id-range plans, sets xz■ r . » s:E:�; —• i ' :T policies and then r _ ""- �- M_''' } �s,a Iadministers transit Y' „'...�. systems so that the s. rz ' { ,a,▪ ." region's transit needs Y `~ _ 'S, are met. xj f ,'' '' ,. i s e- '• �� r*y .4 7:.-_°4i f,- i 11 zgi '. tawY�►. r'l44w``.v'�'!"^^< .'trte.err..�—•-' -C•- I , n ," -P• cp I 8 4- i;Q' I :!. „..,_ ., I 1 i h .. 1 l''''' ;,,, - . 4.-'''''i--,: -...`'A''''''t4-'fl't-t■I''''i .: ' l' '1 If, ,., : .1; ...," 1...,, .: ,..; -,-.' *.` ,, ,-;., '.,, .-.„ - :','..',...--;:',':';',:l':',..'„1 :,„;-.-'2,4.1:i.'.,, :'i ■ : ,, . ' '" -.--::::.: - _.. .. _- -1- _ J.. -',',:• ,.;A':..1-= '.,:i ,i,...% i „,-1:1W:31.4:,...i1.4.1-tii.-.-fif,-,:=.1:;;;;:if',1' - ' /7 ' . '' 4 fii: :: '''.. [ . _•• ; ,w-'-'- '-f.is,,,, '73.:.'l il .1, . ',-....-i -T-,...;,,,,,.-.),iir, :-0,,,,7-:*.-:,.;,,',':;-.1,::::_l•ti‘.',;•: : :; i :. III I I , 4 )k,*'1101 I I .%, T. ..1 0 '','' •, 4 5'... i . ----t-l=air I 1 I q 1 1 I . 4,1kt-g-ig74 1 11: = ,, .. ..-:, „•-: ,,,:i .) , „.J.......,,:.,--4,-.41,„,..e....-,;,-,,,„,.1.,,,k- .. ..,.,r 4. , '': 'ii. . - ::= A 0 1 I I , -'T';.4'. .'..4-37,, 4 li I . . i II 1 ....,1 , ' - -' ' 4 --;:"` ' ',,,:. ';.-1 it .., I f ;;. -0.:'-ii.:?.::;=17-:., ..;;::::;,:,,!,-;:4 t'i'''.-1 '''''''' . '''' .! 'Vt.' 11 I I ' ' Nt, -, ,..'. , ,"c4,-, N ' , 1 • ''';" '4,,*'... .-.1.0.;,,,, N-- , : I 1 , -., --' , "t.,2,-, .ts,-- -...t1:::-.01-•,-. .iii,_ c' :';...--.... .--. ,-.-4:-,-,,,,,„ -- , i .1' I '1m ---- . ,., •,.-4,-,,,...„ . -- -"„_,--...:.:?'7,'S.,,,.,1 , :=.,;'. . / , , ... ,. ,. ' l'.I: . ' , ..` i ■`'''' . , E'• ' . , . I '-- - j .,..'r. . . . - .-.. 1 . . I . ....f.' .- I . . I I . . . . • ... , - - - -..-,... I _ . ._ . ,. .. I • . . . .. _ . . . . I . ._ I 1 10 I I . .,..,.,rf - :.: r-;1614,1 4:' . . .:..1;;A,‘Ill'.;"/144!•E.,14P 4°4' .;;),:i•l'"'. ".' , _ : ; :,,, - A 7, i:I.:..,...,., , it: , " '_ 0 -- - ..--fe;.„.:: ,.A1:,•;" ,... ...._.. ,,/„7........,:. , i,,,, j r y7. ,. # F I r-i1.^4+5& -t1.i's.,4"r a'' :ni..' K' T ♦ !i�f� - 31♦! r f •rtj' /+4� r'1't t = �s n . `f, ii,►�� 4 i , t The largest rideshare \ t *.-. = program in the P n I t . Metropolitan Area is ' Minnesota Kideshare, °�.:':� � �w �;�1� Ioperated by the M.CC1 ' under contract to the ` i RTIt. its -- 1 .,...,,,,,,,7..."774,,,. . . J. r"7.77,......,„•..---' ''''' ..--'• . I -----: ' 1, . _. : I 12 A f f i r m a t i v e A c t i o n P l a n I ne of the firstpolicies adopted by the Board,in an effort to champion the philosophy of Regional Transit Board was the affirmative action,set the following goals in 1987: i. Equal Employment Opportunity/ •To maintain an overall minority and female Affirmative Action Plan. This plan workforce representation equal to,or greater than, I directs the RTB to provide equal opportunities in the availability of qualified minority or female employment,in citizen participation,in program candidates in the labor market. f planning, in the provision of services, and in •To make anaffirmative effort to increase female participation in federally funded programs. representation in professional positions. _ I The Regional Transit Board will not discrimi- The RTB is proud to say that all of these goals nate against any organization or individual on the were met for 1987 and plans to make further 4 basis of race,color,creed,religion,national ori- achievements in the future. Work is underway to gin, sex, marital status, status with regard to amend and strengthen the affirmative action plan public assistance,disability,age,political affili- for 1988. ation or sexual preference. The Regional Transit IAdvisory Committees I he RTB encourages citizen and inter- also suggests ways to refine the rideshare program est group involvement in its decision and helps disseminate information about ride- making process by using three advi- sharing in their area. sory committees. RTB board mem- During 1987,the committee played a vital role I bers select advisory committee members through in the evaluation of current metropolitan ride- an open process. People living or working within share activities. the specific districts are eligible to become com- Members are appointed by the RTB and serve mittee members. These committees include: two-year terms. The RTB chair appoints the chair I The Transportation Handicapped Advisory of the Rideshare Advisory Committee. Committee provides the RTB with advice on The Transit Providers' Advisory Commit- transportation needs of the elderly and the dis- tee serves as a forum for transit providers and abled. The committee includes a chair and 20 other interested parties to discuss metropolitan members,who represent the elderly,disabled and area transit service issues and concerns. transit providers and agencies serving the elderly The committee was formed in December 1987 and disabled. Each RTB member appoints two and represents a major element in the new private 1 committee members from their district and the transit operation participation process,which was RTB chair appoints five at-large members. Two developed and adopted by the RTB and the Met- of the RTB chair appointments are made by the ropolitan Council. Minnesota State Council on Disability in consul- The committee,which meets monthly,includes I tation with the RTB chair. nine members who serve two-year terms. The The Rideshare Advisory Committee includes chair of the Transit Providers'Advisory Commit- 11 members that help the RTB determine the best tee is appointed by the RTB chair. way to provide ridesharing services in the metro- The Competitive Transit Advisory Team in- politan area. The committee members represent cluded representatives of the Metropolitan Tran- private and public sector groups who have shown sit Commission (MTC), taxi industry, labor un- interest in ridesharing. ions,private transit companies,local government, I The committee advises the RTB on ways to en- and education. This committee was established sure participation by the private sector, govern- for the special purpose of assisting the RTB in the ment and agencies in ridesharing. The committee development of standards and guidelines to pro- cure competitive public transit services. I I I 14 a Combined Statement of Revenues, Expel 0 Budget and Actual-General and Special Revenue Fund Types For the Fiscal Year Ended December 31, 1987 General x eneral Fund Variance •'% Favorable Budget Actual (Unfavorable) FUND BALANCES - BEGINNING OF YEAR $ 807,934 $ 807,934 $ - REVENUES: Property taxes - 4- Intergovernmental: State of Minnesota: IiilHomestead credit - Tax feathering -- - - CI State grants and appropriations 984,000 984,000 Federal grants 400,000 370,383 (29,617) Interest 100,000 75,954 (24,046) Miscellaneous - 156,725 156,725 Total revenues 1,484,000 1,587,062 103,062 EXPENDITURES: Current operations: Salaries and benefits 1,055,293 928,568 126,725 Per diem 38,000 30,450 7,550 Travel 106,800 73,648 33,152 Professional and technical services 612,000 301,629 310,371 Occupancy 75,000 69,384 5,616 Metropolitan Council chargebacks 280,000 219,224 60,776 General and administrative 67,502 21,078 46,424 Supplies 20,000 13,772 6,228 - Equipment rental and maintenance 69,250 57,020 12,230 Printing and publishing 75,400 70,982 4,418 Insurance 25,000 63,183 (38,183) Miscellaneous 4,688 (4,688) Capital expenditures 70,000 32,631 37,369 - -•;� Transit provider expenditures: Metropolitan Transit Commission - i -Other providers - Total expenditures 2,494,245 1,886,257 607,988 EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (1,010,245) (299,195) 711,050 l Transfers: Budget amendment (1,537,000) (1,537,000) Statutory authorization 5,500,000 5,500,000 Net transfers (1,537,000) 3,963,000 5,500,000 FUND BALANCES (DEFICIT) - END OF YEAR $(1,739311) $ 4,471,739 $6,211,050 See accompanying notes to financial statements. I I i 18 I to satisfy the claims of general creditors in t':r 7, LEASE COMMITMENTS future. RTB has entered into a lease commitment begin- 6. RECLASSIFICATION OF F1'Nt S ning in 1988 to lease building space from an AND CHANGE IN ACCOUNT \f unrelated entity. Minimum annual rental com- mitments under this operating lease are as follows: A. Special Revenue Funds 1988 $ 92,176 li pt iiir:e,irs the Special Krvrr..,,r, ;ri>t�:terf 1989 145,697 tire°i lands based onspta�•iti( ;., t. ` '. ire\e.nue 19911 property tax, transit provider ,t;.1 >unning). In 1991 167,997 17 1987,these funds were reclassified into six specific 1992 9,147 transit categories, in accordance with the amend- 1993 through 1997 975,275 ed 1987 budget.These new fund categories more accurately reflect the mission of the Regional Tran $1,717,140 sit Board with respect to specific transit categories, with each fund containing the legally appropriated Rental expense for 1987 was$69,384 for space monies that are designated by law.These new funds subleased from the Metropolitan Council under an include the following:Regular Route,Metro Mobil- agreement expiring June 30, 1988. °- ty,Opt Out,Rural/Small Urban,Light Rail Transit, and New Services/Test Marketing. 8. SUBSEQUENT EVENT Beginning fund balances at January 1, 1987 have On March 14, 1988, the RTB approved and • been classified as follows: authorized the sale of $17,000,000 of general obligation bonds by the Metropolitan Council.The Fund Balances sale of the bonds is expected to take place in May Special As Previously As Reclassified 1988. • Revenue Funds Classified Herein Property"lax 4 585 555 r _ Transit Provider ,. 341 141 - Planning 1,_'65-193 Regular Route ,1.433,612 Metro Mobility 2,600,000 Opt Out - 756,735 Rural/Small Urban _ 138,549 New Services/ Test Marketing 1,265,293 $8,194,189 $8,194,189 B. Debt Service Levies In prior years, property taxes for debt service levied by RTB for MTC and Metropolitan Council capital project bond issues were accounted for in the Special Revenue-Property Tax Fund. The MTC and the Council account for the debt and pay- ment thereof in their own funds,and officially cer- tify the necessary amounts to be levied each year • to the RTB. Thus, the role of the RTB is con- sidered one of an agent for the MTC and the Coun- cil.Accordingly,effective January 1, 1987, Agen- cy funds were opened to account for these tax levies. This change in fund accounting had no ef- tect on fund balances, i 24 .1 • , 1, y ,,,,„, 1 , 3/ , , - , , , . , , . 5 , NICHOLAS RUEHL,AIA RTIL E.HAGLUND,AIA IISITE OBSERVATION REPORT NO. 8 IPROJECT: Chanhassen City EOS PJT. NO. : 87126/87146 Hall & Fire Station 1 DATE: November 15, 1988 TIME: 10:00 a.m. WEATHER: Cloudy, 40 IEST. % OF COMPLETION: CONFORMANCE WITH SCHEDULE: On schedule IPRESENT AT SITE: Ii . Adolfson & Peterson, Inc . 2 . Zaback Excavating IIWORK IN PROGRESS 1 . Chanhassen City Hall - Back filling foundation walls . I2 . Chanhassen City Hall - Temporary enclosure on south wall is up. I3 . Chanhassen City Hall - The brick work on the south side has not substantially progressed from last week. I 4 . Chanhassen Fire Station - The brick was started today on the north wall . It is also being laid-up on the west and south elevations . 1 5 . Chanhassen Fire Station - The planter foundations are complete. They are backfilling that area today. I 6 . Chanhassen Fire Station - Demolition of the wing wall at the southeast corner was started today. 7 . Construction photographs were taken at each site. NOV 211988 ICITY. OF CHANHASsEN OS CORPORATION 470 Water Street, Excelsior, MN 55331 (612) 474-3291 °-:s"';.. .r..'''':141,17,=:',4,'''.; ...3 -.. .. .. TT ci.i r''.m.:,. fi Y`°tlT4o�dc',. --M'-:0"Z^ 7, m�??H� .:s:.'# lEild , e I OBSERVATIONS: 1. Chanhassen City Hall - Materials on site include: brick, block, structural steel columns, wire mesh and hollow metal door frames . 2 . Chanhassen Fire Station - Materials on site include: block, brick, structural steel columns and wire mesh. IDISCREPANCIES NOTED: N/A IITEMS DISCUSSED: N/A 1 REPORT BY: . - _, 01111k1 Jeltffe0J-11,--le 1 JJ: jj 1 cc: Jack Anderson Jeff Rudin EOS Corporation Structures Jim Chaffee City of Chanhassen Gary Warren City of Chanhassen 1 Earl Moquist Adolfson & Peterson 1 M: \87126\doc\SOR11-15 1 1