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HomeMy WebLinkAboutCity Council Ordinance 2024-11 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2024-11 ORDINANCE AMENDING THE PLYMOUTH CITY CHARTER PREAMBLE WHEREAS, pursuant to Minn. Stat. 410.12, Subd. 7 the Charter Commission has recommended to the City Council that the Charter be amended as provided herein; and WHEREAS, Minn. Stat.410.12, Subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a Charter Amendment by ordinance. THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter 2, Section 2.05 of the City Charter is amended, with existing text, , and as follows: Section 2.05.—Wards. The city is divided into four separately numbered wards corresponding generally to four geographic quadrants of the city. Review of the wards must be made by the council and the wards reapportioned no later than two years after the year in which a federal census is taken so that the population of the wards are as equal as practicable. A ward must be composed of compact and contiguous territory. A change in ward boundaries does not disqualify a council member from serving the remainder of a term. Reapportionment is by ordinance. If the council does not reapportion within the period prescribed,the mayor and council members forfeit all remuneration until the wards of the city are reapportioned as required by this section. initial wards of the city are those described in section 12.13. The wards of the city are described as follows: Ward 1. Precincts 1, 2, 3,4, 5 Ward 2. Precincts 6, 7, 8, 9, 10 Ward 3. Precincts 11, 12, 13, 14, 15, 16 Ward 4. Precincts 17, 18, 19, 20, 21 These precincts shall be described by resolution of the council. SECTION 2. Chapter 2, Section 2.07 of the City Charter is amended, with existing text, deleted text, and as follows: Section 2.07.—Council Vacancies. Ordinance 2024-11 Page 2 A vacancy in an elective office exists for the reasons specified by law. When a vacancy occurs for a reason specified,the council shall, at its next regular meeting, by a resolution stating its findings, declare the vacancy to exist. When a vacancy exists, the council must forthwith appoint an eligible person to fill the vacancy until the next regular municipal election when the office is filled for the unexpired term. If the Council does not appoint an eligible person within 60 days after the vacancy is declared, the Mayor shall appoint an eligible person to fill the vacancy on or before the next regular council meeting. If a vacancy occurs and exists in an elective office after the closing last day for filing affidavits of candidacy for that office,the person elected to fill that office is deemed to have been appointed for the unexpired term. SECTION 3. Chapter 3, Section 3.11 of the City Charter is amended,with existing text, deleted text, and new text as follows: Section 3.11.—Revisions and Codification of Ordinances. The council may, pursuant to this section and law, revise, rearrange and codify the ordinances of the city with the additions and deletions found necessary by the council.The ordinance code may be prepared in book, pamphlet or continuously revised loose leaf form online. Copies of the code must be kept available at the office of the city clerk for general distribution to the public free or at a reasonable charge. Preparation of the code is sufficient publication of an ordinance provision not previously published if a notice is published in the official newspaper stating that copies of the code are available at the office of the city clerk. SECTION 4. Chapter 5,Section 5.02 of the City Charter is amended,with existing text, deleted text, and new text as follows: Section 5.02.—Contributions; Reporting. Subd. 1. Reporting.A committee or organization proposing, promoting, or opposing an initiated ordinance or an ordinance that is the subject of a referendum must file a report with the city clerk in the manner prescribed by law. showing (i)total contributions received, and (ii)the name and address of a person who contributed a total amount in excess of$63, as adjusted, in a period consisting of 365 consecutive days.The report must be filed not later than 60 days after the date of a r mor initiative election. Subd. 2. Penalty.Violation of This Section is a Misdemeanor. SECTION 5. Chapter 5, Section 5.07,Subd.4 of the City Charter is amended,with existing text,deleted text, and new text as follows: Subd.4.Withdrawal of Petitions. A petition for initiative or referendum may be withdrawn at any time before the 60th day 90 days preceding the date scheduled for the election on the ordinance by filing with the clerk a request for withdrawal signed by at least four members of the petitioners'committee. If the request is filed,the petition has no further force or effect,and all proceedings thereon are terminated. Ordinance 2024-11 Page 3 SECTION 6. Chapter 7, Section 7.09 of the City Charter is amended, with existing text, deleted text, and new text as follows: Section 7.09—Disbursements. Except for payments which may be made by wire transfer or credit card, disbursements of city funds exceeding$63, as adjusted by section 12.14, must be made by check bearing the manual or facsimile signature of the mayor,the city manager and the chief financial officer.The city manager must institute safeguards to ensure that checks payments are issued only by authorized individuals,for properly authorized public purposes and in compliance with this charter.The safeguards must also ensure that disbursements under$63, as adjusted by section 12.14, are approved by persons authorized by the city manager. Each check payment must specify the purpose for which the disbursement is made and the fund from which it is drawn,or a check payment register must be prepared which contains this information. A check payment may not be issued until the claim to which it relates has been supported by an itemized bill, payroll,or time-sheet approved and signed by the responsible city officer or authorized city employee who vouches for its correctness and reasonableness.The council may by ordinance or resolution make further regulations for the safekeeping and disbursement of city funds. For checks payments other than employee wage and expense reimbursement payments, an accompanying check payment register must specify the purpose of each disbursement and the fund from which it is drawn. SECTION 7. Chapter 7, Section 7.14 of the City Charter is amended,with existing text, deleted text, and new text as follows: Section 7.14.—Community Improvement Fund. Subd. 1. Sources.The council must create and maintain a separate fund and designate it as the community improvement fund. Into this fund are deposited the following: (a) Surplus money from the various special assessment funds that remain after the costs of each improvement project have been fully funded and bonds issued for the project paid or defeased, and which money has not been transferred to another separate improvement fund; (b) Collections of special assessments received after an improvement project has been fully funded and bonds issued for the project paid or defeased; (c) Investment earnings generated by the money in the fund; and (d) Any other money appropriated by the council or donated to the city for the purposes of the fund. The principal of the fund consists of the sources above. In addition,the principal will be adjusted up or down annually by an amount equal to 10%of investment earnings generated by the fund in the previous year.The remaining investment earnings will not accrue to the principal and will forever be treated as investment earnings available for expenditure in accordance with this section. Subd. 2. Uses. Expenditures from the fund may be made only for items of a capital nature.The council must by ordinance provide a procedure for expenditures from the fund.The ordinance must provide that the principal, as defined above, of the fund may be expended (i) only if the Ordinance 2024-11 Page 4 expenditure is a loan that must be repaid, or(ii) if no further expenditures are made from the fund until the principal has been restored to its previous amount plus ten percent of the earnings that would have been generated on the principal at the previous amount.The ordinance must also provide that the total amount of principal used may not exceed an amount equal to the fund's actual investment earnings from the two calendar y ars prior to the expenditure 50%of the principal balance.The council may alter or remove these restrictions on using principal, but only upon at least five affirmative votes.The ordinance is not subject to referendum or initiative. council may not make an expenditure from the fund in excess of$3,782,991, adjusted as provided in section 12.14, for a specific purpose unless the question of making the expenditure has been approved by a majority of the votes cast in a regular or special election. SECTION 8. Chapter 12, Section 12.13 of the City Charter is amended, with deleted text as follows: Section 12.13. Special Transitional Matters. Subd. 1. Wards.The wards of the city are described as follows: Ward 1. Precinct Nos. 1, 2, 3, 4, 5 Ward 2. Precinct Nos. 6, 7, 8, 9, 10 Ward 3. Precinct Nos. 11, 12, 13, 14, 15, 16 Ward 4. Precinct Nos. 17, 18, 19, 20, 21 These precincts are described in Resolution 2022 101. Precincts are those established by council resolution and existing as the effective date of this charter. The council may not modify precinct boundaries prior to December 31, 1993, unless required by law or court decision. SECTION 9. Chapter 12,Section 12.14 of the City Charter is amended, with deleted text as follows: Section 12.14. Adjustments. The monetary limits in sections 4.05, 5.02, Subdivision 1, 7.09 and 7.14 are to be adjusted upward or downward in each year ending in zero by application of a consumer price index published by an appropriate agency of the United States government for the Minn apolis/St. selected by the city council.The amount of the adjustment must be certified by the clerk to the city council prior to December 31 of the year in which the calculation of the adjustment is made. SECTION 10. Effective Date.This ordinance shall take effect ninety(90)days after its passage and publication. ADOPTED by the City Council on this 9th day of April, 2024. Ordinance 2024-11 Page 5 Jeffry Wosje, Mayor ATTEST: 4 C94,121 _,---:>_' Jodi .Gallup,City Clerk