Loading...
HomeMy WebLinkAbout11-06-2014 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA RESCHEDULED (Lack of Quorum 10/9/14) THURSDAY, NOVEMBER 6, 2014 6:30 PM 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of the Agenda 4. Open Mike / Public Comments 5. Minutes A. Consider approval of June 25, 2014 Charter Commission Special Meeting Minutes B. Consider approval of July 10, 2014 Charter Commission Meeting Minutes (pg 2-7) C. Consider approval of July 25, 2014 Charter Commission Special Meeting Minutes D. Consider approval of August 1, 2014 Charter Commission Special Meeting Minutes E. Consider approval of August 6, 2014 Charter Commission Special Meeting Minutes F. Consider approval of August 14, 2014 Charter Commission Special Meeting Minutes 6. Unfinished Business 6:30 PM A. August 6, 2014 Packet item: Ward Charter Amendment Council Response — Commissioner Turcotte (pg 8-12) 7. New Business A. YTD Invoices and current approved budget — Chair Sutherland (pg 13-15) B. Five Year Plan (pg 24) C. Next regular meeting date, Thursday, January 8, 2014 at 6:30 PM 8. Notices and Communications A. Letter regarding Invoices and Budget (pg 16) B. Emails regarding Invoices and Budget (pg 17-19) C. Charter Commission Insurance Information (pg 20-21) D. MN State Statute 410.06 COMPENSATION; EXPENSES (pg 22) E. Lino Lakes, MN Code of Ordinances Chapter 205: City Administrator (pg 23) F. Placeholder for Five Year Plan or Communications in regard to Five Year Plan (pg 24) Adjournment Connie Sutherland Kathryn Timm Caroline Dahl Chair Vice Chair Secretary Charter Commission July 10, 2014 Page 1 2 3 4 5 6 7 DATE 8 TIME STARTED TIME ENDED MEMBERS PRESENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION July 10, 2014 6:30 p.m. 8:05 p.m. Aldentaler, Bartsch, Bretoi, Dahl, Damiani, Helgemoe, Lyden, Johnson (arrived at 7:43 p.m.), Poehling, Penn, Storberg, Timm, and Turcotte Combs, Johnson, and Sutherland None None Council Members Dale Stoesz; citizen ; and Ryan Howard, of Quad Press CALL TO ORDER AND ROLL CALL Vice Chair Timm reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on July 10, 2014. PLEDGE OF ALLEGIANCE Vice Chair Timm lead the Pledge of Allegiance. SETTING THE AGENDA Vice Chair Timm advised that a revised agenda had been emailed and is available at the meeting tonight. MOTION by Commissioner Penn, seconded by Commissioner Dahl, approving the revised meeting agenda. Motion passed unanimously. OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mike. APPROVAL OF MEETING MINUTES A. April 10, 2014 Regular Meeting Minutes Commissioner Dahl noted that under others present, it should state, "Ryan Howard..." Commissioner Turcotte noted under the minute corrections, "it should state, "...Commissioner Turcotte Lyden..." Packet Page 2 of 25 Charter Commission July 10, 2014 Page 2 46 47 Commissioner Bretoi noted on line 63, it should state, "Bretoi suggested..." 48 49 MOTION by Commissioner Lyden, seconded by Commissioner Dahl, approving the meeting 50 minutes of April 10, 2014 as amended. 51 52 Motion passed unanimously. 53 54 B. June 19, 2014 Special Meeting Minutes 55 56 MOTION by Commissioner Penn, seconded by Commissioner Poehling. approving the meeting 57 minutes of June 19. 2014 as amended. 58 59 Further discussion: Commissioner Penn noted that there are areas of the minutes that require 60 additional information. 61 62 It was noted on line 31, it should state, "Motion to entertain adoption to propose wards (Turcotte 63 and 2nd ?) (Outcome) MOTION by Commissioner Turcotte. seconded by Commissioner Lvden, 64 to table the action regarding adoption of proposed wards to the next meeting." On line 44, it 65 should state, "...Turcotte seconded." MOTION by Dahl (2nd ?). seconded by Commissioner 66 Turcotte, to cGall special meeting on June 25th at 6:30pm for the purpose..." 67 68 Commissioner Johnson arrived. 69 70 On line 53, it should state, "...MOTION by Commissioner xxxx Poehling, seconded by 71 Commissioner xxx Johnson, to...." 72 73 Motion passed unanimously. (Storberg, Helgemoe, Timm, and Bretoi abstained.) 74 75 C. June 25, 2014 Special Meeting Minutes 76 Vice Chair Timm confirmed that the minutes were not complete and would be available for 77 review prior to the next regular meeting. 78 79 UNFINISHED BUSINESS 80 81 A. Review Outcome of Proposed Ward Charter Amendment 82 Commissioner Poehling stated that he is questioning whether the correct protocol for the Charter 83 Commission is being followed, noting that he researched State Statute 410.12. 84 85 Vice Chair Timm provided additional information on the ability for the Charter Commission to 86 propose an amendment. 87 88 MOTION by Commissioner Lyden, seconded by Commissioner Penn, requesting that the 89 concern expressed by Commissioner Poehling regarding the ability for the Charter Commission 90 to amend the Charter in this manner. 2 Packet Page 3 of 25 Charter Commission July 10, 2014 Page 3 91 92 Commissioner Storberg noted that when the Charter was created that clause was added. 93 94 Commissioner Turcotte stated that the first sentence clearly states that the Commission can 95 propose amendments. 96 97 Commissioner Bartsch referenced the additional language, which follows that beginning 98 statement regarding the need to have a petition of voters. 99 100 Vice Chair Timm provided further clarification explaining that the Commission can propose 101 amendments on their own but they would have to move the amendment forward if there was a 102 petition from voters. She explained that if information is not included in the Charter, the 103 language found in State Statute would apply and noted that the Charter could be more restrictive 104 than State Statute in some instances. 105 106 MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, requesting call the 107 question. 108 109 Motion passed 12-1. (Bartsch opposed) 110 111 Motion failed 2-11. (Aldentaler and Lyden aye) 112 113 B. April 10th Motion 114 115 i. Motion Stated that the Commission Reserve the Right to Re -Approach the 116 Council for an Additional $3,400 117 ii. Pending Discussion — Scope of Work 118 119 Commissioner Bretoi questioned the amount of time that would be allowed to move this forward 120 if the additional funding is obtained. 121 122 Vice Chair Timm believed the deadline would be August 11th. She noted that Attorney Marty 123 was present on April 10th and answered specific questions regarding the proposed amendments 124 from the City Council. 125 126 Commissioner Johnson asked for additional clarification on the budget of the Commission and 127 the additional amount requested. 128 129 Vice Chair Timm reported that the Commission has a budget of $1,500 and noted that those 130 funds could only be used for the Commission to frame an amendment and cannot be used for this 131 purpose. She noted that the City Council did approve $600, which was used to fund the 132 discussion with Attorney Marty at the April 10th meeting. She explained that the original request 133 for funding had been in the amount of $4,000 and advised that the Council did not authorize that 134 amount. She advised that the motion made by the Commission to accept the $600 included the 135 clause that the Commission reserved the right to ask for the remaining funds requested. 3 Packet Page 4 of 25 Charter Commission July 10, 2014 Page 4 136 137 Commissioner Turcotte stated that he did not believe that formal action was made by the City 138 Council to award the funds to the Commission. He read an excerpt from the City Council 139 meeting at which the item was discussed. 140 141 Commissioner Lyden noted that the City Council has provided two options for amending the 142 Charter for the Commission to review, along with the option for the Charter Commission to 143 propose their own amendment. He noted that in the past the Council was unwilling to provide 144 the Commission with the necessary funds to review the proposals and therefore simply denied the 145 proposals. He explained that this request arose in order for the Commission to review the 146 proposals accurately. He stated that at this point the Council has discussed the item via 147 worksession but the item was not formally 148 149 MOTION by Commissioner Bretoi, seconded by Commissioner Johnson, that the Charter 150 Commission re -approach the City Council for an additional $3.400, in addition to the $600 151 previously agreed upon, in order to fund legal review of the proposed Charter amendments. 152 153 Further discussion: Commissioner Penn confirmed that there would still be sufficient time to 154 review the proposed amendments from the Council. 155 156 Commissioner Bretoi provided a timeline that would include the approval of funds by the City 157 Council and special meetings in order to meet with Attorney Marty. 158 159 Commissioner Johnson compared the amount of the request to the annual budget of the 160 Commission and questioned whether $4.000 would be an accurate figure to obtain legal consult. 161 162 Commissioner Turcotte reviewed the previous motions made by the Charter Commission and 163 questioned the ability to do so. He believed that only the original motion made by Commissioner 164 Lyden would be valid and the others would be out of order. 165 166 The Commission further discussed whether the review of a lawyer would be needed outside of 167 the City Attorney and the amount being requested. 168 169 Motion passed 10-3. — (Turcotte, Johnson and Poehling nays) 170 171 MOTION by Commissioner Penn, seconded by Commissioner Aldentaler, requesting that the 172 Commission move forward with review of the proposed Charter amendments by Attorney Marty 173 regardless of whether the additional funding is approved by the City Council. 174 175 Further discussion: Commissioner Penn stated that she believed that it would be beneficial for 176 the Commission to continue with review and use the funds available to the extent available. 177 178 Commissioner Turcotte believed that a review should be done in full or not at all, like he 179 believed the original motion by Commission Lyden stated. 180 4 Packet Page 5 of 25 Charter Commission July 10, 2014 Page 5 181 Commissioner Johnson believed that further investigation should be made as to the actual figure 182 that would be required for an accurate legal review. He agreed that some form of legal review 183 would be necessary but expressed concern that the entire fund balance could be used prior to the 184 end of the year, should additional expenses arise. 185 186 Vice Chair Timm advised that a decision regarding the Council proposed amendments must be 187 made by August 11th and noted that after that date there is not an ability to place any additional 188 items on the general election ballot. 189 190 Commissioner Turcotte stated that rather than having an insufficient legal review he would 191 simply prefer to not review the proposed amendments if the funds are not received from the City 192 Council. 193 194 Motion passed 9-4. (Johnson, Turcotte, Dahl, and Lyden nays) 195 196 C. Discussion of City Council Proposed Charter Amendments 197 Vice Chair Timm reported that an additional 90 days was requested for review, which extends 198 the deadline at August 11th. 199 200 MOTION by Commissioner Bretoi, seconded by Commissioner Turcotte, to table the discussion 201 of the City Council proposed Charter amendments until additional information in known. 202 203 Motion passed unanimously. 204 205 NEW BUSINESS 206 207 A. Review Article III, Section 5, Meeting Procedure in the Charter By -Laws 208 Vice Chair Timm noted that Chair Sutherland had requested that this item be added to the agenda 209 to provide meeting procedure information to the new Commissioners as well as refresh the other 210 Commissioners. She briefly reviewed the motions section of the by-laws. 211 212 NEXT MEETING DATE 213 Vice Chair Timm noted the next meeting date is Thursday, October 9. 2014 at 6:30 p.m. She 214 advised that based on the discussion tonight she would anticipate that a special meeting would be 215 called prior to that date. 216 217 NOTICES AND COMMUNICATIONS 218 219 A. Letter to Chief Judge of the 10th Judicial District 220 B. Charter Resolution Requesting 90 Day Extension for the Review of the City Council 221 Proposed Charter Amendments 222 C. Charter Letter for Ballot Item: Ward Charter Amendment 223 D. Emails from Karen Marty Clarifying Questions around the Ward Charter 224 Amendment 225 E. Email Received by some Commissioners from a Council Member 5 Packet Page 6 of 25 Charter Commission July 10, 2014 Page 6 226 F. Amended Final March 24th Minutes Approved by the Charter Commission 227 228 ADJOURN 229 230 MOTION by Commissioner Dahl. seconded by Commissioner Johnson, to adjourn the meeting 231 at 8:05 p.m. Motion carried unanimously. 232 233 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 6 Packet Page 7 of 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ✓'� 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ^- 42 Charter Commission Meeting June 25, 2014 DRAFT Page 1 CITY OF LINO LAKES SPECIAL CHARTER COMMISSION MEETING WEDNESDAY, JUNE 25, 2014 6:30 P.M. DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT : June 25, 2014 . 6:30 P.M. P.M. : Bartsch (arrived late) Bretoi (arrived late), Combs (left early), Damani, Dahl, Helgemoe (5 minutes late) Johnson, Lyden, Penn, Poehling, Timm, Turcotte : Aldentaler, Storberg, Sutherland : None : None CALL TO ORDER AND ROLL CALL Acting Chair Timm called the meeting of the Lino Lakes Charter Commission to order at 6:30 p.m. SETTING THE AGENDA MOTION to adopt approval of agenda by Commissioner Poehing seconded by Commissioner Lyden. Unanimously adopted OPEN MIC No one spoke during the "open mic" portion of the meeting. OLD BUSINESS Proposed Charter amendment, amending section 2.03. Council Composition and Election, relating to city wards. Discussion of questions pertaining to wards that were discussed with Attorney Karen Marty. 1 Charter Commission Meeting June 25, 2014 DRAFT Page 2 43 Motion to adopt the proposed ballot question language: 44 Should the city be split into four wards with one Council member elected from each ward. 45 46 MOTION by seconded by Commissioner Johnson. 47 Abstains 3 48 Motion passes. 49 50 MOTION on proposed Charter amendment and ballot language: 51 Approve wards proposed Charter amendment and ballot language and recommend placement 011 52 the November 2014 ballot. • 53 54 MOTION by Commissionrer Turcott seconded by Commissioner Daminioni 55 56 Discussion 57 58 Motion passes 6-5 59 60 Five Ayes 61 Five Nays 62 Acting Chair Timm voted Aye 63 64 Next meeting date, Thursday, July 10, 2014, 6:30 p.m. 65 ADJOURN 66 67 MOTION by Commissioner Dahl seconded by Commissioner Bretroi, to adjourn the meeting at 68 p.m. 69 70 Motion carried unanimously. The meeting was adjourned at p.m. 71 72 Respectfully Submitted, 73 74 Caroline Dahl, 75 Charter Commission Member/Secretary 76 2 Charter Commission Meeting August 14, 2014 Page 1 DRAFT 1 CITY OF LINO LAKES 2 SPECIAL CHARTER COMMISSION MEETING 3 AUGUST 14, 2014 4 6:30 p.m. 5 6 DATE : August 14, 2014 7 TIME STARTED : 6:50 P.M. 8 TIME ENDED : 7:50 P.M. 9 MEMBERS PRESENT : Aldentaler, Bartsch (arrived late), Bretoi, Combs, Dahl, 10 Damiani, Johnson, Lyden, Storberg, Sutherland, 11 Timm,Turcotte 12 Charter Attorney K. Marty (part time) 13 14 MEMBERS EXCUSED: : Helegmoe, Penn, Poehling 15 MEMBERS UNEXCUSED : None 16 STAFF MEMBERS PRESENT : None 17 18 CALL TO ORDER AND ROLL CALL 19 20 Chair Sutherland called the meeting of the Lino Lakes Charter Commission to order at 6:50 p.m. 21 22 OPEN MIC 24 No one spoke during the "open mic" portion of the meeting. 25 26 NEW BUSINESS 27 28 MOTION by Commissioner Lyden and seconded by Bretoi: Move to retain, at no monetary cost, 29 Attorney Erick Kaardal, in collaboration with the City Charter and Centennial Fire Relief Association to 30 resolve any and all legal questions as it relates to the Centennial Fire District. 31 32 Motion passed 6 Ayes 1 Nay 2 Absteined. 33 34 ADJOURN 35 36 MOTION by Commissioner , seconded by Commissioner , to adjourn the meeting at 7:50 37 p.m. 38 39 Motion carried unanimously. The meeting was adjourned at 7:50 p.m. 40 41 42 Respectfully Submitted, 43 44 Caroline Dahl, 45 Charter Commission Member/Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 x\21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 /\ 42 43 Charter Commission Meeting August 6, 2014 Page 1 DRAFT CITY OF LINO LAKES EMERGENCY CHARTER COMMISSION MEETING WEDNESDAY, AUGUST 6, 2014 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT : August 6, 2014 . 6:35 P.M. P.M. : Bretoi, Combs, Dahl, Damiani, Johnson, Lyden, Storberg, Sutherland, Timm : Aldentaler, Penn, Poehling, Turcotte : Bartsch, Helgemoe : None CALL TO ORDER AND ROLL CALL Chair Sutherland called the meeting of the Lino Lakes Charter Commission to order at 6:35 p.m. SETTING THE AGENDA OPEN MIC No one spoke during the "open mic" portion of the meeting. OLD BUSINESS Commissioner Timm move that the Commission approve the 04-14 and forward it to the City Council for adoption.seconded by Commissioner Combs 1 -aye 7 nays 1 -Chair abstained Motion fails Commissioner Timm move that the Commission approve the revised 03-14 and forwarded it to the City Council for adoption seconded by Commissioner Johnson 1 -aye 7 -nays 1- Chair abstained Motion fails 1 Charter Commission Meeting August 6, 2014 Page 2 DRAFT 44 Commissioner Timm moved that the Commission approved 03-14 as submitted by the City 45 Council Seconded by Commissioner Lyden 46 47 0 -ayes 48 8-nayes 49 1 -Chair abstained 50 Motion fails 51 52 Commission Bretoi made a motion to table the Wards to the October meeting as an agenda item. 53 seconded by Commissioner Damiani 54 55 8 -ayes 56 1 -Chair abstained 57 Motion passes 58 59 60 ADJOURN 61 62 MOTION by Commissioner , seconded by Commissioner , to adjourn the 63 meeting at p.m. 64 65 Motion carried unanimously. The meeting was adjourned at p.m. 66 67 Respectfully Submitted, 68 69 Caroline Dahl, 70 Charter Commission Member/Secretary 71 2 Vic4.1,-t (,UIC Se Sicr-i g/4111.1 Joseph J. Lange) Direct Phone: (612) 225-6837 Direct Fax: (612) 225-6860 jjl@ratwiklaw.com July 16, 2014 Jeff Karlson City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Ratwik, Roszak & Maloney. P.A. RE: Charter Amendment - Wards Our File No. 4021-0130 Dear Mr. Karlson: 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. Langer' Margaret A. Skelton Jennifer K. Earley Eric .1. Quiring Erin E. Benson Christian R. Shafer Timothy A. Sullivan Nathan B. Shepherd Ashley R. Geisendorfer Also admitted in \Vi Paul C. Ratwik (Retired) John M. Roszak (1944 - 2011) Packet Page 8 of 25 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. W-ard boundaries shall follow visible, clearly_recognizable physical 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. Packet Page 9 of 25 Jeff Karison 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 confonn to those standards as provided in section 204B.135, subdivision 1." Id., subd. 2. Further, "[i]f 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 Packet Page 10 of 25 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. "[A] 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 he 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. Packet Page 11 of 25 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 $1,500 allotment. IV. The Proposed Charter Amendment Should Not Be Put on The Ballot. It is a longstanding rule in Minnesota that "[t]he adoption of any charter provision contrary to the public policy of the state, as disclosed by general laws or its penal code, is also forbidden." State ex rel. Town ofLowell v. City of Crookston, 252 Minn. 526, 528, 91 N.W.2d 81, 83 (1958); see also Haumant v. Griffin, 699 N.W.2d 774, 779-81 (Minn. App. 2005). "[A]ny charter provision that conflicts with state public policy is invalid." Nordmarken v. City of Richfield, 641 N.W.2d 343, 347 (Minn. App. 2002). The proposed Charter Amendment should not be put on the November ballot because it is in conflict with state law. It should also be noted that the proposed Charter amendment does not contain clear transition provisions for moving from an at -large system to a ward system. Depending on how the wards are drawn and when the council terms expire, questions remain as to who would be seated where and for how long. Any amendment establishing a ward system should clearly set forth how the transition process will work. CONCLUSION For each of the reasons discussed above, subdivision 4 of the proposed Charter amendment violates state law and public policy. Accordingly, the City Council may decline to submit the amendments to the voters. Very truly yours, oseph J. Lange Nathan B. Shepherd RRM: 188618 Packet Page 12 of 25 Marty Law Firm, LLC 3800 American Blvd. W. Suite 1500 Bloomington MN 5S431 United States Phone: 952-921-5859 LLCC Caroline Dahl Land Use, Municipal Law, and Real Estate since 1981 talk E . • f bine Entry7iiiite$ " • - ];TROte IS.Y" Hours une1-1344 CSY. Time [04/10/141 Read proposed ordinances. Compared to existing Charlet' and to Minn. StaL Chapter 429. ReVlowed old notes re amendments to Charter Chapter 8. Read city colmdl work.session staff report and considered issues. Met with Charter Commission. Discussed two ordinances, options. and recommendations for moving forward. 145.00 4 580.00 Subtotal: 580.00 Total: Amount Paid: 580.00 -0.00 Balance bue tiSit $580.00 Packet Page 13 of 25 Invoice if: 0000349 Date: June 9, 2014 ss§P-R1 talk E . • f bine Entry7iiiite$ " • - ];TROte IS.Y" Hours une1-1344 CSY. Time [04/10/141 Read proposed ordinances. Compared to existing Charlet' and to Minn. StaL Chapter 429. ReVlowed old notes re amendments to Charter Chapter 8. Read city colmdl work.session staff report and considered issues. Met with Charter Commission. Discussed two ordinances, options. and recommendations for moving forward. 145.00 4 580.00 Subtotal: 580.00 Total: Amount Paid: 580.00 -0.00 Balance bue tiSit $580.00 Packet Page 13 of 25 Marty Law Firm, LLC �., 3800 American Blvd. W. Suite 1500 Bloomington MN 55431 United States Phone: 952-921-5859 /1 LLCC Caroline Dahl 1RTY LAW FIRM, LLC Land Use, Municipal Law, and Real Estate since 1981 Time Time [06/23/14] Spoke with charter commission member about 145.00 0.17 24.65 additional charter amendment proposal. [06/24/14] Reviewed minutes from previous Charter Commission 145.00 2.17 314.65 meeting. Read draft charter amendment and supporting documents. Met with subcommittee and discussed the proposed change. Submitted draft ballot language to the Charter Commission. Subtotal: 339.30 Total: Amount Paid: 339.30 -0.00 Packet Page 14 of 25 0000358 July 16, 2014 $339.30 Time Time [06/23/14] Spoke with charter commission member about 145.00 0.17 24.65 additional charter amendment proposal. [06/24/14] Reviewed minutes from previous Charter Commission 145.00 2.17 314.65 meeting. Read draft charter amendment and supporting documents. Met with subcommittee and discussed the proposed change. Submitted draft ballot language to the Charter Commission. Subtotal: 339.30 Total: Amount Paid: 339.30 -0.00 Packet Page 14 of 25 Marty Law Firm, LLC 3800 American Blvd. W. Suite 1500 Bloomington MN 55431 United States Phone: 952-921-5859 LLCC Caroline Dahl 1RTY LAW FIRM, LLC Land Use, Municipal Law, and Real Estate since 1981 To View Dour Invoice Online ❑ 1. Eo to: https://martylawfirm.freshbooks.com/code a Onter this code: y2OBUmcLw78LwC Time Time Time [07/25/14] Met with the Charter Commission. Developed ideas for amending special assessment provisions in the charter. [07/28/14] Worked on amendment language. [07/30/14] Researched definitions of street or Ldoad improvements E] Drafted revisions to charter chapter 8 covering the issues. Drafted a memo that could be revised and sent to the city council. Emailed both to the Charter Commission Chair for review prior to Friday® meeting. Time [08/01/14] Reviewed 2007 to 2009 notes regarding amending 145.00 4.33 627.85 Charter chapter 8. Looked at city council packet. Noted additional ways the city council ordinances could be revised to meet the common goals. Time [08/05/14] Discussed charter amendments with Chair. Made 145.00 1.42 205.90 changes reLuested in draft ordinance. Prepared comparison sheet for benefit of commission members. Time [08/06/14] Reviewed draft again and analyL d options for Charter 145.00 2.83 410.35 Commission in voting on draft and original ordinances for charter amendment. Met with the Charter Commission and discussed latest draft and concems. 145.00 3 145.00 0.25 145.00 2.58 435.00 36.25 374.10 Subtotal: 0,089.00 Total: Amount Paid: 0,089.00 -0.00 Packet Page 15 of 25 CITY LLNO[ October 2, 2014 OF KES Connie Sutherland, Chair Lino Lakes Charter Commission Re: Invoice No. 0000365 from Marty Law Firm Dear Ms. Sutherland: As you know, the Charter Commission's 2014 budget was originally established at $1,500. In the months of April and August the City Council agreed to amend the Commission's budget by increasing it by $600 and $725 so Karen Marty could review the Council's two proposed Charter amendments. The Charter Commission's amended budget is $2,825. The September invoice shows an unpaid balance of $2,089.45. The City previously paid two invoices to the Marty Law Firm in July 2014 totalling $919.30. Therefore, the City is sending a check to Karen Marty in the amount of $1,905.70, which is the balance remaining in the Charter Commission's 2014 budget. Henceforth, the Commission is responsible for the unpaid balance of $183.75. Sincerely, Jeff Karlson City Administrator Cc: Caroline Dahl, Charter Commission Secretary Packet Page 16 of 25 i�. 11 Karen Marty September Invoice Jeff Karlson <jeff.karlson@ci.Iino-lakes.mn.us> To: cls <clsutherland@gmail.com> Cc: "Caroline Dahl (denali2010@Q.com)" <denali2010@q.com>, "Kathryn (kmtimm@msn.com)" <kmtimm@msn.com>, Julie Bartell <julie.bartell@ci.lino-lakes.mn.us>, "Karen E. Marty" <kmarty@martylawfirm.com> Mon, Oct 6, 2014 at 9:01 AM Connie, I act on behalf of the City Council. Since the Council increased the Commission's budget twice, I don't believe they will be receptive to a third budget amendment. From: cls [mailto:clsutherland@gmail.com] Sent: Friday, October 03, 2014 3:15 PM To: Jeff Karlson Cc: Caroline Dahl (denali2010@Q.com); Kathryn (kmtimm@msn.com); Julie Bartell; Karen E. Marty Subject: Re: Karen Marty September Invoice Jeff, If your intent is to have the final word, then let it be that you concede that the City will pay Attorney Marty for all work invoiced as detailed in my prior email. For 2014 exhausting the Commission budget and any remaining balance paid out of the 2015 renewed budget. I thank you in advance for your kind response, Connie Sutherland On Fri, Oct 3, 2014 at 3:11 PM, Jeff Karlson <jeft karlson@ci lino-lakes.mn.us> wrote: Connie, �..,� I offered you a solution. Let's leave it at that. From: cls [mailto:cisutherland©gmailxom] Packet Page 17 of 25 Sent: Friday, October 03, 2014 2:03 PM To: Jeff Karlson Cc: Caroline Dahl (denali2010@Q.com); Kathryn (kmtimm@msn.com); Julie Bartell; Karen E. Marty Subject: Re: Karen Marty September Invoice That would seem the most appropriate action at this point. But why wouldn't the city state that rather than the letter you submitted to me. I submit that the invoices be paid up to the amount available for 2014 and any remaining balance be paid January 2015 upon the renewal of the annual budget. It's too bad someone couldn't just pick up a phone and contact me to come up with a practical solution. Connie On Friday, October 3, 2014, Jeff Karlson <jeff.karlson@ci,Iino-lakes.mn,us> wrote: Connie, The Council amended the Commission's budget from $1,500 to $2,825. The City has no obligation to pay for expenses that exceed the budgeted amount. The Charter Commission is solely responsible for its debt. I suggest you ask Ms. Marty if she can wait until after January 1st for payment of the remaining balance, which can be paid from the Commission's 2015 budget. From: cls [mailto:clsutherland@gmail.com] Sent: Thursday, October 02, 2014 4:34 PM To: Jeff Karlson Cc: Caroline Dahl (denali2010@Q.com); Kathryn (kmtimm@msn,com); Julie Bartell; Karen E. Marty Subject: Re: Karen Marty September Invoice Jeff, The Commission has no budget or funds outside of the City general fund, the "henceforth, the Commission is responsible for the unpaid balance" is simply restating that the City is responsible for the unpaid balance. The city is responsible for all payments for debt incurred by the Commission. The city holds the budget, the city is responsible. We will be in contact with Karen Marty and revisit the invoice she submitted given that we provided strict parameters around the budget amount we were provided by the City. Packet Page 18 of 25 Thank you for sharing this letter, I do ask however that you also provide the two prior letters that confirmed the budget amounts agreed to at each of those meetings. Karen - I will be calling you to review the budget information and invoices submitted. Thank you, Connie Sutherland On Thu, Oct 2, 2014 at 3:05 PM, Jeff Karlson <jeff.karlson@ci lino -lakes .mn.us> wrote: Letter is attached regarding the City's payment to Karen Marty. Jeff Karlson — City Administrator City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 r-� 651-982-2405 651-982-2499 fax jeff.karlson@ci,lino-lakes:mn us Packet Page 19 of 25 From: Paula Schloer To: Julie Bartell Cc: Alan Rolek Subject: FW: Lino Lakes - Charter Commission Date: Thursday, January 12, 2012 4:23:14 PM Attachments: jmaae001.onq jmage004.onq Hi Julie, Please forward the following information to Caroline Dahl. From: Linda Kuplic [mailto:Linda@kellyinsuranceagency.com] Sent: Thursday, January 12, 2012 2:37 PM To: Paula Schloer Cc: 'Pat Kelly' Subject: FW: Lino Lakes - Charter Commission Paula, See the email from Christopher Smith, Risk Management Attorney, below regarding Charter Commissions. The City of Lino Lakes insurance policies with League of Minnesota Cities Insurance Trust include the following limits for liability: LIABILITY — CLAIMS MADE FORM $1,500,000 Each Claim Limit $2,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Failure to Supply Aggregate Limit $2,000,000 EMF Claim Limit $2,000,000 Mold Claim Limit $ 50,000 Fire Damage Limit (Any One Fire) $ 1,000 Medical Expense Occurrence Limit $ 10,000 Medical Expense Aggregate Limit $1,500,000 Limited Pollution Liability Per Sudden Occurrence $2,000,000 Limited Pollution Liability Aggregate Limit $ 100,000 Outside Organization Aggregate Limit $1,000,000 Land Use or Development Litigation Aggregate Limit $ 1,000 Deductible Per Claim Municipal Errors & Omissions Liability Included $1,000,000 Excess Liability Aggregate Limit Let us know if you have questions or need additional information. Thank you, Linda Kuplic Packet Page 20 of 25 Kelly Agency 3470 Washington Drive Suite 122 St Paul, MN 55122 (p) 651-452-5752 (f) 651-452-5286 From: Smith, Chris Sent: Monday, December 05, 2011 11:08 AM To: Hansen, Steve Subject: RE: Lino Lakes - Charter Commission Every charter city has or had a charter commission. In some cases the commission might no longer exist but a new one could be appointed by the district court. It also possible that a statutory city might have a charter commission whose mission is to draft a home rule charter that will be voted up by the city's citizens. I don't think a charter commission is a special purpose political subdivision. I think a charter commission is just like any other commission or city board, e.g., human rights commission, park and rec commission. Accordingly, under the coverage document, we cover any "member of a city board, commission, or committee which is not excluded by the definition of city." The definition of "city" does not exclude a charter commission. Accordingly, it is my opinion that members of the city charter commission would be covered under the city's coverage. Christopher Smith 1 Risk Management Attorney Tel: (651) 281-1269 1 Fax: (651) 281-1296 csmithPlmc.org 1 www.lmc.org League of Minnesota Cities 145 University Ave. West 1 St. Paul, MN 55103 Connecting & Innovating Since 1913 Stay connected with the League of Minnesota Cities: Web Facebook - Twitter ° Blox Think Green: Keep it on the screen! Packet Page 21 of 25 1 MINNESOTA STATUTES 2013 410.06 410.06 COMPENSATION; EXPENSES. The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess of charter tax limitations to pay such expenses. History: (1270) RL s 750; 1907 c 216 s 1; 1947 c 406 s 1; 1959 c 305 s 5; 1961 c 608 s 2; 1973 c 123 art 5 s 7, 1994 c 505 art 3 s 8 Copyright © 2013 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. Packet Page 22 of 25 Lino Lakes, MN Code of Ordinances CHAPTER 205: CITY ADMINISTRATOR Suction 205.01 Position established, purpose 205.02 Appointment, tenure 205.03 Duties and responsibilities 205.04 Authority § 205.01 POSITION ESTABLISHED, PURPOSE. The office and position of City Administrator is created for the purpose of assisting the Council in carrying out the administrative functions of the city and to advise the Council in matters of general policy. (Prior Code, § 205.01) § 205.02 APPOINTMENT, TENURE. The Administrator shall be appointed by the City Council for an indefinite term. Removal from this position will be by an affirmative vote of a majority of all members of the City Council. 'r Code, § 205.02) § 205.03 DUTIES AND RESPONSIBILITIES. (1) Executive officer. The Administrator shall be the chief executive officer for the Council The Administrator shall coordinate the administration of all city departments and divisions. (2) Laws and policies. The Administrator shall be responsible directly to the Council for the enforcement of all ordinances, regulations and law enforcement policies of the Council and all laws of the state which may apply within the boundaries of the city. The Administrator shall advise the Council on matters of governmental and public policy which is pertinent to municipal operations. (3) Budget and finance. The Administrator shall be directly responsible to the Council for the preparation, recommendation and management of the annual city budget and shall be chief fiscal, financial and purchasing officer of the city. (4) Programs and projects. The Administrator shall be directly responsible to the Council for planning and carrying out all capital improvement projects and service programs and shall be chief project and program director for the city. (5) Administrator and personnel. The Administrator shall be the chief administrative and personnel officer of the city. The Administrator shall be directly responsible to the Council for administration of all departments and divisions of the city and shall be directly responsible to the Council for the supervision of all temporary, permanent, full-time, part-time and consulting personnel of the city, except those appointed by the Council to serve on advisory boards and commissions. (6) General. The Administrator shall attend all meetings as may be required by the Council; perform all reasonable tasks set before the Administrator by the Council; furnish all verbal and written reports concerning the assigned responsibilities of the 'ninistrator as the Council may desire; and maintain good and proper relations with the public at large. (Prior Code, § 205.03) § 205.04 AUTHORITY, Packet Page 23 of 25 This page is intentionally blank - insert Five Year Plan information or communications. Packet Page 24 of 25 (1) Administrative policy. The Administrator may establish administrative policies and procedures as may be necessary to ensure the proper and efficient operation of all departments and divisions of the city and may issue administrative orders to carry out administrative policies and procedures. The administrative policies and procedures shall be consistent with Minnesota Statues, city ordinances and Council policy. The Council shall be apprised of administrative policies and procedures. ''`.."") Fiscal control. The Administrator shall exercise control over the fiscal expenditures of all the departments and divisions of the ‘.__, and appropriations which appear in the annual budget. The Administrator may allow purchases of up to $2,500 for budgeted item purchases. Purchases over the allowed maximum shall require the approval of the Council. No officer or employee of the city shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution. The Council shall audit all claims and shall retain its power to disaffirm any order or contract entered into by the administrator on behalf of the CounciL (3) Personnel. With the exception of § 208.04, all department heads and supervisors and administrative personnel shall report directly to the Administrator. The Administrator shall recommend to the Council the hiring, promotion, demotion or dismissal of any probationary, temporary, permanent, full-time or part-time employee of the city. The Council shall make all final determinations with regard to the employment, promotion or dismissal of city employees. (Prior Code, § 205.04) Packet Page 25 of 25 Julie Bartell rrom: cls <clsutherland@gmail.com> Sunday, October 19, 2014 11:09 AM To: Julie Bartell Cc: Caroline Dahl; kmtimm Subject: Charter Commission: Special Meeting called for November 6 Julie, Due to no quorum and standing agenda items I am calling a rescheduled regular meeting of the Charter Commission for November 6, 2014 at 6:30 PM. I'm not sure if it is simply a reschedule or considered a special meeting, please let me know. I'll send you the packet with the updated agenda/meeting date from work on Monday to distribute. Again, if you could let me know if I have to classify this as a reschedule or special meeting that would be helpful. Thanks, Connie Sutherland Chair, LLCC 1 Julie Bartell .ubject: Charter Commission FW: Charter Commission: Meeting called for November 6 Charter Commissioners — Since there was not a quorum present at the regular meeting on October 9, Chair Sutherland has rescheduled the meeting to November 6, 6:30 p.m. at City Hall. Please mark your calendars. A packet for this meeting will be distributed as soon as is becomes available. Thanks! Julie Bartell City Clerk City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 651-982-2406 651-982-2499 fax julie.bartell(a ci.lino-lakes.mn.us From: cls [mailto:clsutherland@gmail.com] Sent: Sunday, October 19, 2014 11:09 AM —o: Julie Bartell `..c: Caroline Dahl; kmtimm Subject: Charter Commission: Special Meeting called for November 6 Julie, Due to no quorum and standing agenda items I am calling a rescheduled regular meeting of the Charter Commission for November 6, 2014 at 6:30 PM. Pm not sure if it is simply a reschedule or considered a special meeting, please let me know. I'll send you the packet with the updated agenda/meeting date from work on Monday to distribute. Again, if you could let me know if I have to classify this as a reschedule or special meeting that would be helpful. Thanks, Connie Sutherland Chair, LLCC i