HomeMy WebLinkAbout08-06 2014 Charter PacketLINO LAKES CHARTER COMMISSION
EMERGENCY MEETING AGENDA REVISED
WEDNESDAY, AUGUST 6
6:30 PM — 9:30 PM
1. Call to Order and Roll Call 6:30 PM
2. Pledge of Allegiance
3. Action on City Council Proposed Charter Amendment by Ordinance 034404-14
4. Continued discussion of City Council Proposed Charter Amendment by Ordinance 044403-14
and Response to City Council with Attorney Karen Marty
5. 5 Minute Recess
6. Ward Amendment City Attorney Response and discussion
7. New Business
A. Next regular meeting date, Thursday, October 9, 2014
Adjournment
Connie Sutherland
Chair
9:30 PM
Kathryn Timm Caroline Dahl
Vice Chair Secretary
lst Reading: March 10, 2014
Publication:
rd Reading:
Effective:
CITY OF LINO LAKES
ORDINANCE NO. 04-14
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino
Lakes City Charter be and are hereby repealed:
Section 8.07. Local improvements (thc term "local improvement" shall mean a public
•
exclusively undcr thc provisions of this Charter. (Amended 11/23/93, Ordinance No. 93 19)
Y
•
prepesed-prejeet,(Ameaded)
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined; Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter, the term "local improvements" means
any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) only
one person or entity may sign an objection or petition on behalf of all owners of a parcel; and (b)
if the same person or entity owns more than one parcel affected by a local improvement, that
person or entity may sign an objection or petition only once; and (c) for the purpose of
identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such local improvements. The
principal amount of special assessments for any local improvements shall not exceed the cost of
the local improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Local improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state law,
except as provided in this Section.
Subdivision 2, The notice of hearing mailed to the owner of each parcel within the area
proposed to be assessed shall include, in addition to the requirements of Minnesota Statutes,
Section 429.031, subdivision 1, an estimate of the proposed assessment for each individual
parcel proposed to be assessed.
Subdivision 3. A period of sixty (60) days shall elapse, after the public hearing held
pursuant to Minnesota Statutes, Section 429.031, subdivision 1, before any further action shall be
taken by the Council, on the proposed improvement. If within such sixtvj60) day period, a
petition against such improvement is filed with the Council, signed by a majority of the owners
proposed to be assessed for such improvement, the Council shall not make such improvement at
the expense of the property benefitted, unless, in the meantime there be filed with the Council a
petition asking that the improvement be made, signed by property owners proposed to be
assessed for such improvement at least equal in number to those who signed the petition against
the improvement, in which event the Council may disregard the petition against the
improvement. Any person whose name appears on a petition to the Council for a local
improvement, may withdraw his/her name by statement in writing filed with the Council before
such petition is presented to the Council.
Subdivision 4. If any portion of the cost of a local improvement is to be paid from ad
valorem taxes, then the City may proceed with the local improvement, and may issue general
obligation bonds to finance the local improvement, only after obtaining approval of a majority of
the voters voting on the question at a general or special election. The ballot shall generally
describe the proposed local improvement, the estimated principal amount of bonds to be issued
to finance the local improvement, and the estimated percentage of total debt service on the bonds
expected to be paid from ad valorem taxes.
Subdivision 5. Street reconstruction and bituminous overlays. Not withstanding
subdivision 4, the City may proceed with a street reconstruction or bituminous overlay project
and may issue general obligation bonds if the conditions of Minnesota Statutes, Section 475.58,
subdivision 3b, are met.
Subdivision 6. When a proposed improvement is allowed under subdivisions 3, 4 or 5,
notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1,
clause (f), a resolution ordering the local improvement may be adopted at any time between sixty
(60) days and one (1) year after the date of the public hearing by vote of a majority of all
members of the council when the local improvement has been petitioned for by not less than 35
percent of the owners of the real property within the area proposed to be assessed as defined in
the petition as the location of the local improvement; and when there has been no such petition,
the resolution may be adopted only by vote of four-fifths of all members of the council.
Subdivision 7. If the voters do not approve a local improvement and issuance of bonds at
an election as may be required by subdivision 4 or subdivision 5, the provisions of Minnesota
Statutes, section 475.58, subdivision. la shall apply.
Subdivision 8. When under the provisions of section 8.02, subdivision 1, an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners, the City
Council may immediately order the proposed project.
Section 4. That Chapter 8, Section 8.05, of the Lino Lakes City Charter be
amended as follows:
Section 8.053. Assessments for Services. The Council may provide by ordinance
that the cost of City services to streets, sidewalks, or other public or private property may be
assessed against property benefitted and may be collected in the same manner as special
assessments. Such eestsservices shall not be deemed to be "special assessments"local
improvements for the purposes set forth in Section 8.0301 of this chapter.
Section 5. That Chapter 8, Section 8.07, of the Lino Lakes City Charter be amended as
follows:
Section 8.04. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City
described in Subdivision 2, the construction of local improvements, the levy of special
assessment for the financing of those improvements must be conducted in accordance with
procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not
exceeding 430 acres, legally described as follows:
AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1, Section 30, T31, R22, PIN. 30-31-22-210001
-That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of
State Trunk Highway #49 (Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
- Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section 24
- East one half (1/2) of the northwest one quarter (1/4) of Section 24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive)
Interchange
- North one half (1/2) of the southwest one quarter (1/4) of Section 18
- That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying
north of the Interstate I35W right-of-way
- That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway
#49 (Lake Drive) right-of-way
- All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the
southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as
follows: beginning at a point at the intersection of the south line of said southeast one
quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of
Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+
or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one
quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5
(+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one
quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of
beginning.
- The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying
west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17
lying west of the Anoka County Park property
- The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4)
of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one
quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter
(1/4) of the southwest one quarter (1/4) of Section 8
Subdivision 3. When construction of local improvements, the levy of special assessments
for the financing of those improvements specially benefit a parcel of real property, in an area
described in subdivision 2, on which a single family, owner occupied residential unit existed on
September 30, 1993, the owner/occupant of such residential unit may file a petition with the City
Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall
be filed with the City at or before the first public hearing to be held on the project. After the
filing of such petition the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the future elects to connect to or
use the improvements constructed by the City. Any notice of hearing mailed to such single
family, owner occupied units shall include notice of the property owner's right to object to the
assessments as granted in this paragraph. This exception terminates on the first day that an
owner occupied residential unit no longer exists on the parcel of real property.
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
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The Lino Lakes Charter Commission recommends adoption of Ordinance 03-14, with the
following changes:
Section 8.01. Public Improvements; definitions.
Subdivision 1. For the purposes of this Charter, the following definitions shall apply.
A. "Additional improvements" means all improvements made under authority
granted by Minn. "sstat. Chapter 429e law, other than Existing Improvements as defined below.
B. "Affected property owner" means the owner or owners of property afiatt ng -t1 e
.each parcel within the area proposed to be
assessed. [Editorial comment: language modified to match Minn. Stat. § 429.031, subd. 1.1
C. "Existing improvements" means those improvements that have been in place
at least two full calendar years prior to the neighborhood meeting described in Section 8.02
below.
D. "Public improvements" refers to both "existing improvements" and
"additional improvements" as defined herein.
E. "Work on existing improvements" means any repair or replacement of existing
improvements with equivalent improvements. Minimal changes or upgrades may be included, if
they do not significantly alter the cost, scope, or impact of the work. "Work on existing
improvements" does not include installing any sewer, water, sidewalk, trail, or other
improvement where such improvement is not presently in existence.
Subdivision 2. For the purposes of any consent, objection or petition under this Chapter,
(a) only one person or entity may sign a consent, objection or petition on behalf of all owners of a
parcel; (b) if the same person or entity owns more than one parcel affected by a improvement,
that person or entity may sign a consent, objection or petition only once; and (c) for the purpose
of identifying recipients of any notice under this Chapter, owners are clli1i1ied iia oida,iv�
.: ' , • .. ' those shown as owners on the records of
the county auditor or, in any county where tax statements are mailed by the county treasurer, on
the records of the county treasurer; but other appropriate records may be used for this purpose.
'Editorial note: language taken from Minn. Stat. § 429.031, subd. 1. The language is used,
rather than a citation to statute, to address the Charter Commission concern that state law may be
amended in unpredictable ways.]
Subdivision 3. The City may undertake any improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such improvements. The
_principal amount of special assessments for any improvement shall not exceed twelve percent
(12%) of the cost of
the improvement, including all design, financing and related costs, and shall not exceed the
-benefit to the property determined in accordance with state law. [Editorial comment:
percentage language moved here from Section 8.02, subdivision 1.D3.]
Subdivision 4. Improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.04. [Editorial note: this is
language in the existing Charter, with a cross-reference to the exempt zones. In Ordinance 03-14
the exempt zones are re -numbered as Section 8.04. This corrects an apparent typo in Ordinance
03-14.1
Section 8.02. Improvement Procedure.
Subdivision 1. Procedures applicable to all improvements.
A. Before recommending any improvement project to the City Council, the city
engineer shall hold a neighborhood meeting to discuss the project.
B. At kaANot less than ten days prierbefore to the neighborhood meeting, the
city engineer shall notify all affected property owners of the meeting by email, fax, text message,
personal service, first class mail, or equivalent method, personally addressed to the individual
property owner. [Editorial comment: language modified to match Minn. Stat. § 429.031, subd.
C. At the neighborhood meeting the city engineer shall describe proposed work
on the existing improvements, plus any additional improvements being considered.
D. Up -t., 10% of the cost of woft. on cxist„1g impioveti,may b Jp.ially
ass ss to the apiopcity owucis. [Editorial comment: percentage language moved into
Section 8.01, subdivision 3.]
Subdivision 2. Work on existing improvements. Subject to the requirements of
Subdivision 1, work on existing improvements may be specially assessed in accordance with
Minn. Stat. Chapter 429 as amended. [Editorial comment: state law reference left in, because
that Chapter has a long history and is well -understood. Its amendments tend to be minor. If this
simply referred to any state law, it would open the procedure up to unknown complications.
Quoting Minn. Stat. Chapter 429 here, or incorporating its wording could create problems if the
state law is amended and the charter conflicts. Tying the assessment of Existing Improvements
to Chapter 429 matches the intent expressed by the Charter Commission.
Subdivision 3. Consent to additional improvements.
A. The city engineer shall bring a consent form or forms identifying each of the
proposed additional improvements to the neighborhood meeting described in Subdivision 1
above. The consent form(s) shall have spaces for affected property owners to oi
otherwisesign their names to indicate their approval for some or all of such additional
improvements.
B. ....
additionthimprovementsr ffthc owners ref 70% or more of the affected property owners
consent to a specific additional improvement consent, that additional
improvement shall be considered an existing improvement for purposes of Subdivision 2 above.
C. If fewer than 70% of the tally ufaffected property owners consents does not
to a specific additional improvement -or, that additional
improvements may not be specially assessed unless the special assessment procedure in
Subdivision 4 below is followed. [Editorial comment: language cleaned up as requested, to
clarify and eliminate the word "tally".]
Subdivision 4. Additional improvements without consent.
A. Additional improvements must either (1) receive the consent of at least
twenty-five percent (25%) of the affected property owners, or (2) be authorized by a four-fifths
(4/5) majority vote of the City Council.
B. Consideration of the ' mprovements may then proceed in
accordance with Minn. Sstat. Chapt.x 429,e law through the public hearing on the pio cct.
a peried. After the close of the public hearing, the City Council shall wait a minimum of sixty
(60) days
Ceuucil en tl,c prvposid improvLmcnt.before ordering the improvement(s). [Editorial note:
modified to more closely follow the language of Chapter 429.]
C. Affected property owners opposed to additional improvements may, within
this sixty-day period, file with the city clerk a petition or written objection to any or all of the
additional improvements. . • If any additional
improvement which is objected to by the greater of (a) 25% of the affected property owners, or
(b) one more affected property owner than signed consents to the additional improvement(s),
then the City Council inayshall not specially assess that additional improvement unless such
additional improvement is approval-efed by a majority of the voters voting
on the question at a general or spccial election. The ballot shall generally describe the proposed
additional improvement(s), the estimated principal amount of any bonds to be issued to finance
the public improvement(s) and the estimated percentage of total debt service on the bonds
expected to be paid from ad valorem taxes. [Editorial note: reworded to clarify, but still contain
the intent of existing charter section 8.04, subdivisions 1 and 2. The special election option was
removed as requested]
D. If the voters do not approve an additional improvement(s) and ,suancc of
• • . • . . - - - • . - . • • . . • . t • , • • • 1 J Cat.
475.58, subd. l a shall apply., the City Council shall not vote on the same improvement within a
period of one (1) year after the public hearing on said improvement. [Editorial note: modified to
match existing charter section 8.04, subd. 4.]
Section 8.03. (As provided in City Council proposal 03-14.)
Section 8.04. (As provided in City Council proposal 03-14.)
Joseph J. Lange)
Direct Phone: (612) 225-6837
Direct Fax: (612) 225-6860
jjl@ratwiklaw.com
ratwiklaw.com
July 16, 2014
Jeff Karison
City Administrator
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
tine Segs/0;,
Ratwik, Roszak & Maloney. P.A.
RE: Charter Amendment - Wards
Our File No. 4021-0130
Dear Mr. Karison:
In recent communications, you asked for an opinion on the following:
FACTS
On June 25, 2014, the Lino Lakes Charter Commission ("Commission") voted to
propose an amendment to the City Charter for public approval in the November 4, 2014,
general election. The language of the proposed amendment is as follows:
Section 2.03. Council composition and election.
•
Subdivision 1. The Council shall be composed of a Mayor and four (4) Council
Members who shall be qualified electors in the City of Lino Lakes and who shall
be elected at large. Council Members shall serve for a term of four (4) years
and/or until a successor is elected and qualifies. The Mayor shall be elected at
large, and shall serve for a term of two (2) years and/or until a successor is
elected and qualifies.
730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339-0060 • f (612) 339-0038 • www.ratwiklaw.com
Patricia A. Maloney"
Terrence .1. Foy:,:
Ann R. Goering
Nancy E. Blumstein"
Joseph J. Lange)''
Margaret A. Skelton
Jennifer IC. Earley
Eric J. Quiring
Erin E. Benson
Christian R. Shafer
Timothy A. Sullivan
Nathan 13. Shepherd
Ashley R. Geisendorfcr
"` Also admitted in WI
Paul C. Ratwik (Retired)
John M. Rosznk (1944 - 2011)
Jeff Karlson
July 16, 2014
Page 2
Subdivision 2. For the purposes of electing City council members, the City shall
be divided into four (4) serially numbered contiguous Council election wards.
Each member of the Council shall be elected from a separate ward. Voters may
only vote for a candidate for the Council ward seat within which the voters
reside. Council Members must reside within the ward from which they are
elected. If a Council Member moves within the City from such Council
Member's elective ward, or if a Council Member is excluded from a ward as a
result of districting or redistricting, such Council Member's term of office shall
expire on January first, following the next regular City election.
Subdivision 3. Council election wards shall be as equal in population as
practicable and each ward shall be composed of compact, contiguous territory.
Ward boundaries shall fallow visible, clearly_recognizable_ph_ysical features as
required by state law.
Subdivision 4. Upon enactment of these provisions, and after every Federal
decennial census. the Charter Commission. after public hearings. shall determine
the council election wards (districting) in this manner described in this section.
The public hearings shall be held after published notice of said hearings. and
opportunity to speak shall be allowed members of the public upon such
reasonable terms as the Commission shall adopt. The Commission shall adopt its
districting resolution by a majority vote of its entire membership, and file it in
the office of the City Clerk no later than the first Tuesday in June prior to the
first City election after the Federal decennial census. The Council shall provide
for a sum of money, adequate for this purpose. to be used by the Commission to
hire staff to aid it in preparing its districting plan.
The City forwarded the proposed amendment to the undersigned for review.
ISSUES
Are the provisions of the proposed amendment in accordance with state law?
DISCUSSION
There is no question that the Commission is authorized to propose an amendment on
this subject matter. By statute, "[t]he charter commission... may provide that all elective city
officers, including mayor and members of the council, shall be elected at large or otherwise."
Minn. Stat. § 410.16. The "or otherwise" language allows for the creation of a ward system.
Jeff Karlson
July 16, 2014
Page 3
We have identified three provisions of the proposed amendment, however, that conflict with
State law.
I. The City Council must Confirm or Redefine Ward Boundaries.
Under the Minnesota Election Law, the city council is responsible for drawing ward
boundaries. The proposed amendments, however, requires that the Commission "determine
the council election wards (districting)." While there are some instances in which a charter
provision will control over a conflicting state law, that is not the case with respect to election
districts.
Minnesota Statute section 205.84 applies to "a city electing council members by wards."
Minn. Stat. § 205.84, subd. 1. In ward -election cities, "[a]fter the official certification of the
federal decennial or special census, the governing body of the city shall either confine the
existing ward boundaries as conforming to the standards of subdivision 1 or redefine ward
boundaries to conform to those standards as provided in section 204B.135, subdivision 1." Id.,
subd. 2. Further, "[Of the governing body of the city fails to take either action within the time
required, no further compensation shall be paid to the mayor or council member until the wards
of the city are either reconfirmed or redefined as required by this section." Id. "` Governing
body' means... the elected council of a city." Minn. Stat. § 200.02, subd. 10. In short, both
the requirement to set the ward boundaries and the penalty for failing to do so lie entirely on
the city council.
This statute applies to Lino Lakes and controls over any contradictory Charter
provisions. Under Minnesota Election Law, the general term "city" "means a home rule
charter or statutory city." Minn. Stat. § 200.02, subd. 8. Lino Lakes is a home -rule charter
city. "The Minnesota Election Law applies to all elections held in this state unless otherwise
specifically provided by law." Minn. Stat. § 200.015.
The Commission may have relied on section 410.21, which states that charter provisions
"shall be valid and shall control as to...elections for municipal offices, notwithstanding that
such charter provisions may be inconsistent with any general law...." That statute, however,
was adopted in 1909, whereas section 205.84 was made applicable to charter cities in 1999.
Minn. Laws 1999, Ch. 237, § 3. These specific election law provisions, having been enacted
later in time than section 410.21, take precedence. See Minn. Stat. § 645.26 (stating that
specific and more recent statutory provisions control over general and older provisions).
This conclusion is shared by the attorney general. See Minn. Atty. Gen. Op. 64F, 1995
WL 647731 (Oct. 27, 1995). In that Letter Opinion, the Attorney General noted that, while
section 410.21 states that charter provisions regarding certain specified electoral issues control
Jeff Karlson
July 16, 2014
Page 4
over general laws, the more recent and more specific election laws require application of
section 205.84.
State law places sole control over ward boundaries with the City Council. The proposed
amendment, on the other hand, requires that the Charter Commission draw ward boundaries in
the City. As a result, the proposed amendment is in conflict with Minnesota law.
II. The Proposed Amendment's Timing Provision Conflicts with State Law.
Minnesota Election Law provides a window of time during which ward boundaries must
be redrawn. This timing requirement is referenced in section 205.84, subdivision 2, and is
applicable to charter cities, as discussed above. The proposed amendment conflicts with those
statutory requirements.
"[W]ards must be redistricted within 60 days after the legislature has been redistricted
or at least 19 weeks before the state primary election in the year ending in two, whichever is
first." Minn. Stat. § 204B.135, subd. 1. "[Al city that elects its council members by wards
may not redistrict those wards before the legislature has been redistricted." Minn. Stat. §
204B.135, subd. 1. Legislative boundaries must be determined no "later than 25 weeks before
the state primary election in the year ending in two." Minn. Stat. § 204B.14, subd. la. By
statute, the state primary is "held on the second Tuesday in August in each even -numbered
year." Minn. Stat. § 204D.03, subd. 1. By operation of these statutes, ward boundaries must
be redrawn by the first week of April in a year ending in two.
The proposed Charter amendment requires that the Commission file the ward
boundaries "no later than the first Tuesday in June prior to the first City election after the
Federal decennial census." If the City elections are on odd -numbered years, as they are
currently, the proposed Charter amendment will require that the ward boundaries be filed far
earlier than the legislative boundaries, which is expressly prohibited. Even if the City moved
to elections on even -numbered years, statute would require the ward boundaries to be
determined over two months earlier than the proposed Charter amendment would require.
Consequently, the proposed Charter amendment conflicts with the state timing
requirements.
Jeff Karlson
July 16, 2014
Page 5
III. Only the City Council May Expend City Funds.
The proposed amendment is in conflict with the statutory requirement that only the City
Council "may authorize such additional charter commission expenses as it deems necessary."
Minn. Stat. §410.06. The amendment proposed by the Commission requires the City Council
to fund the ward redistricting with an "adequate" sum of money. It is not clear who is
responsible for determining what is adequate under the circumstances. In any event, the City
Council cannot be forced to provide additional funds to the Charter Commission when the
statute expressly grants the Council sole discretion for any funds over the annual $1,500
allotment.
IV. The Proposed Charter Amendment Should Not Be Put on The Ballot.
It is a longstanding rule in Minnesota that "[t]he adoption of any charter provision
contrary to the public policy of the state, as disclosed by general laws or its penal code, is also
forbidden." State ex rel. Town ofLowell v. City of Crookston, 252 Minn. 526, 528, 91 N.W.2d
81, 83 (1958); see also .Haziinant v. Griffin, 699 N.W.2d 774, 779-81 (Minn. App. 2005).
"[Pliny charter provision that conflicts with state public policy is invalid." Nordnzarken v. City
ofRichfield, 641 N.W.2d 343, 347 (Minn. App. 2002).
The proposed Charter Amendment should not be put on the November ballot because it
is in conflict with state law. It should also be noted that the proposed Charter amendment does
not contain clear transition provisions for moving from an at -large system to a ward system.
Depending on how the wards are drawn and when the council terms expire, questions remain
as to who would be seated where and for how long. Any amendment establishing a ward
system should clearly set forth how the transition process will work.
CONCLUSION
For each of the reasons discussed above, subdivision 4 of the proposed Charter
amendment violates state law and public policy. Accordingly, the City Council may decline to
submit the amendments to the voters.
Very truly yours,
oseph J. Lange
Nathan B. Shepherd
RRM: 188618
From: Caroline Dahl [mailto:denali2010@q.com]
Sent: Wednesday, August 13, 2014 7:06 AM
To: Julie Bartell
Cc: Connie Sutherland; kmtimm; Iillydogcute; Caroline Dahl
Subject: EMERGENCY CHARTER MEETING
Importance: High
(Augustl3, 2013)
Julie, Please post ASAP
Per Charter Commission by-laws, Commissioners Lyden and Dahl are calling an emergency meeting at the
request of the Centennial Fire Relief Organization for August 14, 2014, this Thursday evening at 6:30 pm at
Fire Station #2 in Lino Lakes at 7741 Lake Drive. (The same place we held the last Charter meeting.)
The meeting agenda is:
1) Discussion of meaning of and compliance or non-compliance with Chapter 5 of the Lino Lakes Charter.
Chair Sutherland is aware of this emergency meeting and she said she will send out a follow-up email to the
Commissioners.
Julie please send this notice ASAP to all Commissioners. Thank you.
Cordially,
Commissioner Caroline Dahl
Commissioner Chris Lyden
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