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02.02.06 Memo Regarding Proposed Charter AmendmentU2e clj v2 MEMORANDUM Cl DATE: February 2, 2006 TO: Mayor and City Council FROM: Anne Norris, City Manager RE: Proposed Charter Amendment BACKGROUND: You may recall during the last audit presentation, the auditor included a comment questioning the City's use of public funds for employee recognition events. While the city attorney and I disagree with this comment based on the City's public purpose expenditure policy (approved by the City Council on November 19, 2002) which includes employee recognition events as part of the City's employee compensation program, it would be preferable not to have the comment made at every audit. The auditor has indicated that if such employee recognition events are expressly authorized by city charter, the comment will not be included in future audits. The Charter Commission reviewed the proposed amendment and recommends amending the Charter to reference the public purpose expenditure policy in Chapter 12. Attached is the proposed ordinance amending the Charter. The process for a charter amendment by the Council requires the Council to hold a public hearing on the proposed amendment and a unanimous vote by all seven of the councilmembers to approve the proposed amendment. RECOMMENDATION: Approve the second reading of the ordinance amending the charter. AL 4141 Douglas Drive North • Crystal, MN 55422-1696 Telephone: (763) 531-1000 • Fax: (763) 531-1188 Website: www.ci.crystal.mn.us CITY OF CRYSTAL CHARTER COMMISSION Mayor and City Council City of City of Crystal 4141 Douglas Drive North Crystal, MN 55422 Re: Proposed Charter Amendment Dear Mayor and Members of the City Council: The Crystal Charter Commission, at its meeting of October 19, 2004, unanimously recommended that the City Charter be amended by adding a section authorizing the use of public fiunds for employee and volunteer recognition programs and employee preventive health and wellness programs. The Commission is of the opinion that the addition of the proposed language will clarify the City's authority in the area and that the conduct of such programs by the City Council is in the public interest. The proposed amendment as set forth in the Commission's minutes is as follows: Moved by Commissioner Heil, seconded by Commissioner Anderson, that the following amendment be added to the City Charter using the ordinance procedure specified in Minnesota Statutes, Section 410.24, Subdivision 7: 12.10. Employee Compensation and Recognition. The city council may adopt by ordinance or resolution a comprehensive employee compensation and recognition policy, or similar policy statement. The policy statement may include provisions authorizing the expenditure of public funds to establish and conduct employee and community volunteer recognition programs and preventive health and wellness programs for city employees. The Commission feels that the proposal is non -controversial and would be best adopted by the ordinance method. DJK-270008v1 CR225-5 Page 2 Letter to the Crystal City Council Ordinance amendment 5 ORDINANCE NO. 2006 - 2 I would be pleased to appear before the Council in support of this proposal. Please inform me of any scheduled meetings on the matter. I am enclosing a copy of the Commission's October 19'' minutes for your review. Yours very truly, Stuart Stockhaus Chair cc: Commission members Dave Kennedy AN ORDINANCE RELATING TO CITY GOVERNMENT: AMENDING CHAPTER 12 OF THE CRYSTAL CITY CHARTER BY ADDING A NEW SECTION RELATING TO EMPLOYEE COMPENSATION AND RECOGNITION (urnmary Publication) The city council has determined that pursuant to its city charter Ordinance No. 2006-2 should be published in summary form. AMENDMENT TO CHAPTER 12 OF THE CRYSTAL CITY CHARTER SUMMARY OF ORDINANCE NO. 2006, 2 Ordinance No. 2006-2 has been approved by the city council on February 7, 2006. A printed copy of the full text of the ordinance is available for public inspection in the office of the city clerk. The ordinance adds a new section to the Crystal City Charter. The new section reads as follows: "12.11. Employee Compensation and Recognition. The city council may adopt by ordinance or resolution a comprehensive employee compensation and recognition policy, or similar policy statement. The policy statement may include provisions authorizing the expenditure of public funds to establish and conduct employee and community volunteer recognition programs and preventative health and wellness programs for city employees." C - ReNae J ❑� an, Mayor ; ATTEST: Janet ewis, City Clerk (Published on February 16, 2006 in the Crystal — Robbinsdale Sun Newspaper) DJK-274808v1 CR205-30 CITY OF CRYSTAL ORDINANCE NO. 2006-2 AN ORDINANCE RELATING TO CITY GOVERNMENT: AMENDING CHAPTER 12 OF THE CRYSTAL CITY CHARTER BY ADDING A NEW SECTION FOR EMPLOYEE COMPENSATION AND RECOGNITION THE CITY OF CRYSTAL ORDAINS: Section 1. Background: fmdings;_authority. 1.01. The City of Crystal (City) is governed by a home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) to Chapter 4 of the charter and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on January 3, 2006, by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. 1 All persons desiring to be heard with reference to the Amendment were heard at the public k hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2. Adoption: effective date; filing. 2.01. The Amendment as proposed by the Commission is adopted. 2.02. The text of the proposed amendment is as follows: Crystal City Charter, Section 12 is amended by adding a new section to read: 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. ATTEST: Jane -ewis, City Clerk First Reading: January 17, 2006 Adopted: February 7, 2006 Publication: February 16, 2006 Effective: May 17, 2006 ReNae J. orvrrm , Mayor 19 "12.11. Employee Compensation and Recognition. The city council may adopt by ordinance or resolution a comprehensive employee compensation and recognition policy, or similar policy statement. The policy statement may include provisions authorizing the expenditure of public funds to establish and conduct employee and community volunteer recognition programs and preventative health and wellness programs for city employees." 2.03. This ordinance is effective 90 days after its publication, except that if within 60 1 days after publication, a petition requesting a referendum on this ordinance, signed by the i number of registered voters of the City required by the Act, is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at a special election called by the Council for that purpose. G:\Counci1\0rdinances2006\U Page 1 of 2 G:\Counci1\0rdinances2006\I Page 2 of 2 STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as _ Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 15 day of December , 2005, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghij klmnopq rstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 15 day of December , 2005. Nat y P ffc MARY ANN CARLSON 4D NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31.09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 2.85 per line $ 6.20 per line $ 1.30 per line City of Crystal .. Mff!e!a! Prtblicarionj .. C11'Y`OF CRYSTAL ' NOTICE OF PUBLIC HEARING ON PROP08ti] AMENDMENT TO CRYSYA.L CITY r.HARTER NOTICE rS 1-11=NENY'CIUEN'hat tnc:.11y Councl' 11 e CI1y of Crysl;t;, MlnrW90.a Will'runrr"t a Dubuc nidar ' Ing pn ,AnUafy 2, 2005'a4 7,Oc, P rA, w.-is .soon iheod r_ or aia iFut maher cars be heartl. Iri the. Council Chambers in City Hall" ,I 141 I}ougla.9 Dfive North, to c nfWur oral and written 9NSli,rio" an a propos0 amendrnum of the Home `- ;_ Rule Cho rlorofIheCity. They{Woftdarrfantlmanlwoulil ovlhurize she edoptlon vA bt comprahanslwe n,nryJ4,y u.: _ `cumpensetlon aI I[F rxra�qnitian policy, c It is rocommended W JNo Charter Commisaled that =' the seclion be adarxie d Uy ordlna nce of U}e I:IIy C;uundil m mdnner prescrRlbd by Mlnries413 StiflI&s, SeDiian 410.1$. SUUdiJision'f lJnde: lM_aI jSrooudura" des! gQned to' r faclllt*4t roa.1ine:charL-f brnoriOrrtenh, fha City 1'QI oz;0 must, i+ the Counclr a{ ljroy,tc the aiOe drr�anr„odorit 1he amendment by ordindrlca ether tl7e put9lr, hearing by a :unanlnviU5 vutu of aII of its membr-ni. The adopting ordl- rsan13e.156itecllye go.day&l9met 1td passage and publlca• ;Ion-, 15iUi If wlrhln $0 der. Itierece a petition rYsigned _by a number Di feglaWmd vars equa2 to twa: prce erit of the 1 :vptea,pegl in Zhu City at the laaeghatr, general election, or 2;b04'+egi9kerad VDiera; Ak,l :,ti oris Ices, is J[160.wllh.IF* -Oly OIArk. the ordll §g & Wnai ¢IfaLlive until�ypm�d by $7 %.of YUMI ph the amcndlnrnF of Ihe- regulsr irlti- r':.niclpa! rlrs;Ii n or d special .el llarF calls 7or'1I�v rulr porn, The propimcd amendment'w.�ard'amend Chapter�,12 bf the CMaer b adding 11 ; Mlcn tv read:" Section 1$_11 �=jQyae Col=npn2.tli6h and Raocnj- 0WPA..' V%'E:-iy'Cuuncll may .#iq 1, by, ordlnarrcrs or Iregallun, a comprehenslwd443mpl6yee compensation mid reoognllion Pplley. Tile poky._ statement may in- clude provisions authorizing the expenditure of public funds to establish and conduct employee and com- munity volunteer recognition programs and prevents- _ - We health and wellness programs for city employees. 4rryer WWir.tinb to expressAri ppi njon shout the ¢ropused amendnent or$IIyor In Wrldrig will be%"'aM et the puma hearing, - . Oeted: Depamp0r76, 2005, BY ORDER OF THE CITY COUNCIL fsf Janet Lewis City Clerk _ ' 4lJV&,15_0MjPP-tJWH amentl,aec-12,11.,