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HomeMy WebLinkAbout04-28-2016 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA 6.30 PM Thursday, April 28, 2016 Call to Order and Roll Call 6:30 PM Pledge of Allegiance Setting the agenda Open Mike / Public Comments Old Business A. January 14, 2016 minutes New Business A. Potential Attorney for Charter Commission B. Ward Amendment C. Charter Commission Annual Letter to the Judge for 2015 (to follow) Next meeting date, Thursday, July, 14, 2016 Caroline Dahl Pat Devaney Chris Bretoi Chair Vice Chair Secretary 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 X43 44 45 Charter Commission January 14, 2016 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION January 14, 2016 6:30 p.m. 8:14 p.m. Aldentaler, Bretoi, Dahl, Devaney, Johnson, Juni, Stanek, Storberg, Stranik, Turcotte, and Vanderpoel Damiani, Combs, Lyden, and Poehling None City Clerk Julie Bartell 99 CALL TO ORDER AND ROLL CALL Acting Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on January 14, 2016. A. Oath of Office and Introduction of New Members The City Clerk stated that eight appointments were made to the Commission, which includes five new members. She administered the Oath of Office to all newly appointed or re -appointed members. PLEDGE OF ALLEGIANCE Acting Chair Dahl lead the Pledge of Allegiance. SETTING THE AGENDA Agenda was accepted as presented without additions OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mike. OLD BUSINESS A. October 8, 2015 Meeting Minutes Acting Chair Dahl noted that only the Commissioners that were members last year would be able to vote on this item. She advised that an amended version of the minutes was included in the Commission packet with updates as proposed by former Chair Sutherland. Commissioner Turcotte noted that Zastrow was listed as a member present and advised that should be removed. 1 Charter Commission January 14, 2016 Page 2 46 MOTION by Commissioner Bretoi, seconded by Commissioner Johnson, approving the meeting 47 minutes of October 8, 2015 as amended. 48 49 Motion passed unanimously. 50 51 B. League of Minnesota Cities — One Proposed Amendment 52 53 1. Wards 54 Acting Chair Dahl explained that the Commission currently does not have an attorney and 55 therefore the recommendation was made that the Commission should reach out to the League of 56 Minnesota Cities to determine if their assistance could be gained in drafting an amendment to 57 create wards within the City. She stated that she spoke with a representative from the League of 58 Minnesota Cities regarding the desired amendment and was told that they could assist but the 59 information would be shared with the City as the League also insures the City. She stated that 60 there is an election this year and therefore the Commission would not need to pay for a special 61 election. She provided additional information on the desire to create wards, noting that some 62 people in the City feel that they are not fairly represented in their issues. She stated that 63 personally, she was not in support of a ward amendment but after further research on the matter, 64 she does believe that wards would be helpful within the City. She stated that the League does not 65 want to get in the middle of anything and therefore if their assistance is desired the Commission 66 would first have to support the action and then the City Council would have to also support the 67 action because of the existing relationship. 68 69 Commissioner Bretoi asked if there would be a charge for the services. 70 71 Acting Chair Dahl stated that the cost she had been quoted is ten hours for $750, with a charge of 72 $75 after that. She was unsure if the cost would be less if ten hours is not needed. She stated 73 that the League does have attorneys on staff that work with Charter Commissions. She stated 74 that the services could be used for this matter, or any other proposed amendment that would be 75 desired. 76 77 Commissioner Storberg stated that the League has a relationship with the City and believed that 78 the League would state that they could not assist in the same way the City Attorney stated that he 79 would have a conflict of interest and could not provide assistance. 80 81 Acting Chair Dahl stated that she was told that the League would not have a problem providing 82 the service as long as both the Commission and Council approve. 83 84 Commissioner Bretoi stated that the decision had been made during the past year that the item 85 would go on the ballot and that the Commission should use the League of Minnesota Cities for 86 assistance if they would agree to provide the assistance. He stated that if the matter is delayed for 87 too long the item would not meet the timeline to appear on the ballot. 88 2 Charter Commission January 14, 2016 Page 3 89 Acting Chair Dahl stated that the Council had stated before that the proposed amendment would 90 not be compliant with the State statute and if that language were to meet the statute, the item 91 could be on the ballot. 92 93 Commissioner Turcotte stated that the City Council does not have a review of a proposed 94 amendment because they could then hold the item off the ballot. He noted that the Commission 95 does have the ability to review amendments proposed by the Council because they do not have 96 power to hold the item off the ballot. He stated that during the past year the Commission worked 97 on a proposed amendment to create wards, using models from Blaine and St. Paul. He provided 98 a brief overview of wards and their intent. 99 100 Commissioner Stranik stated that it appears that item was moved along the previous year and 101 then dead -ended because of the lack of legal counsel. He asked if a new action would be needed 102 at this meeting, noting that he is not sure that he would support wards. 103 104 Acting Chair Dahl stated that she had been given the direction at the last meeting to pursue the 105 services of the League of Minnesota Cities, if possible, for assistance in the amendment 106 language. 107 108 Commissioner Stranik asked if the Commission, as it stands today with the new members, would ^109 need to endorse the amendment before that could move forward. 10 111 Commissioner Devaney provided background information on the League of Minnesota Cities 112 and the dues that are paid annually by municipalities to the organization for their services. He 113 stated that perhaps the document should be further clarified to spell out the assistance that could 114 be given by the League outside of the $75 per hour charges. He also believed that the question 115 brought forward by Commissioner Stranik, regarding whether or not the action would need to be 116 voted on by the Commission membership as it stands today, is a good question and noted that 117 perhaps the League could provide clarification on that as well. 118 119 Commissioner Bretoi stated that the decision had been made by the Commission the previous 120 year that even though not all of the Commission members supported the ward amendment, the 121 item should still move forward and be placed on the ballot to allow the residents to make the 122 decision. 123 124 Commissioner Johnson asked the amount the Commission was paying Attorney Marty for her 125 services. 126 127 Acting Chair Dahl stated that Attorney Marty was charging $140 per hour but noted that she also 128 worked many unpaid hours as well. 129 130 Commissioner Storberg stated that the Commission only has a budget of $1,500 per year. She 31 stated that perhaps the group could do a consensus vote on whether or not they support the 132 action. 133 3 Charter Commission January 14, 2016 Page 4 134 Acting Chair Dahl noted that there is now a separate budget line item in the amount of $1,000 135 per year for the services of TimeSaver in addition to the annual budget of $1,500. 136 137 Commissioner Stranik stated that the point against wards would limit the quality membership of 138 the City Council as two great candidates could live within the same ward. He noted that wards 139 could also provide single issue candidates, as someone could get voted in solely on the issue 140 most important for that ward. He stated that if wards go into play the amendment should not go 141 into effect immediately as that could impact the current membership of the Council. 142 143 Commissioner Devaney noted that the amendment would take effect as terms expire. 144 145 Commissioner Storberg stated that the Commission went through this last year and the City 146 Council would not allow the item to go onto the ballot. 147 148 Commissioner Bretoi stated that the reasoning of the Commission was that if the language went 149 through the League of Minnesota Cities prior to review the likelihood of disagreeing with the 150 language would be decreased. 151 152 Commissioner Devaney stated that the input of City Attorney Langel is provided in the packet for 153 review. He stated that he would not feel comfortable even taking a straw vote as some of the 154 Commissioners were just appointed within the last week and have not had sufficient time to 155 review the information. 156 157 Commissioner Bretoi noted that there is an issue with timing as the opportunity to place this item 158 on the ballot last year was already missed. 159 160 Commissioner Turcotte stated that he is not confident that any amendment would be allowed by 161 the Council to go onto the ballot. 162 163 Commissioner Bretoi stated that he is looking for a positive way to move forward. 164 165 Commissioner Turcotte stated that perhaps creating a subcommittee to look into going to the 166 legislature or Attorney General as to how the Commission could get any item on the ballot in this 167 atmosphere. 168 169 Commissioner Juni stated that it is pretty straightforward as to how the three items noted by the 170 City Attorney and City Council are easily fixed. He noted that the composition of the City 171 Council has also changed and perhaps the new members of the Council might not feel the same 172 way. 173 174 Commissioner Devaney stated that in his opinion it would be helpful to bring the information 175 forward to the League of Minnesota Cities in regard to the proposed amendment and the three 176 items mentioned by the Council to gain their input. 177 4 Charter Commission January 14, 2016 Page 5 178 Commissioner Bretoi acknowledged the comments of Commissioner Juni regarding the new 179 composition of the City Council and noted that perhaps this Council would be more willing to 180 work with the Commission. 181 182 Commissioner Devaney stated that a good way to test the waters would be to push forward the 183 contract with the League of Minnesota Cities and the opinion of the Council would be known 184 with that action. 185 186 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, requesting to work 187 through the League of Minnesota Cities to develop a proposed ward amendment, which would go 188 forward to the ballot. 189 190 Further discussion: Commissioner Storberg asked if there would be a timeline as this year is a 191 presidential election and would be a good voting year. 192 193 Commissioner Johnson asked if the action should be more specific. 194 195 Acting Chair Dahl stated that she can forward the draft amendment to determine the opinion of 196 the League of Minnesota Cities. 197 i-�198 Commissioner Devaney stated that perhaps this is getting more ahead of its self. He asked if the A 99 agreement 200 201 The City Clerk stated that the letter is pretty clear that the League would simply want a sign off 202 from the City that the City agrees to the League of Minnesota Cities and the Charter Commission 203 working together. She noted that in the past the Commission has either sent a letter and/or 204 attended a worksession meeting of the City Council. 205 206 Commissioner Storberg stated that perhaps the Commission should first attempt to bring the 207 amendment back to the Council and perhaps they would allow the amendment to go to the ballot. 208 209 Commissioner Bretoi stated that the City Attorney has commented that the language is illegal and 210 that is why the assistance of the League of Minnesota Cities is being requested. 211 212 Commissioner Johnson stated that in his opinion most matters that the Commission would bring 213 to the League would be a conflict of interest. 214 215 Commissioner Devaney stated that the League could possibly also point the Commission in the 216 direction of another Charter City that has had these kinds of problems with their municipality. 217 218 Commissioner Juni asked if the League use would be to strictly review this amendment as the 219 letter implies more than that. It was noted that the League would be reviewing this amendment '^20 to become compliant with the State statute and that is the purview of the review by the League, to 221 avoid additional review and costs. 222 5 Charter Commission January 14, 2016 Page 6 223 Commissioner Turcotte stated that maybe the League can just specify if they have worked with 224 other Charter Commissions on similar language and therefore could simply point the 225 Commission in that direct for no charge, to use that language as a model. 226 227 Acting Chair Dahl stated that in the past the League has sent a representative to come to a 228 meeting to provide a presentation on the services that could be provided for free and noted that a 229 similar presentation could be made again. 230 231 Commissioner Bretoi called question. 232 233 Motion passed unanimously. 234 235 Motion passed 9-2 (Turcotte and Stranik opposed). 236 237 Commissioner Bretoi noted that the agreement for the Charter Commission to work with the 238 League of Minnesota Cities will then go on before the City Council. 239 240 2. Charter Commission Annual Reports — 2013 and 2014 241 Acting Chairperson Dahl noted that the reports were included as an informational item to provide 242 background information to the new Commission members, noting that the reports are required on 243 an annual basis to provide an update to the judge. 244 245 Commissioner Bretoi stated that if the agreement is going to go before the City Council, perhaps 246 the Commission should designate the members that will attend the meeting. 247 248 Commissioner Juni stated that perhaps the election of officers should occur and then perhaps the 249 Chair would like to attend the meeting and represent the Commission. 250 251 NEW BUSINESS 252 253 A. Election of Officers: Chair, Vice Chair and Secretary 254 Commissioner Storberg stated that perhaps with the new appointments the members should 255 provide a quick comment on why they wanted to join the Commission and if they are interested 256 in holding an officer position. 257 258 Commissioner Devaney introduced himself. He stated that it is hard not to hear what has been 259 going on with the Charter Commission and the City Council, noting that there were probably a 260 few bad apples on each side. He stated that the opportunity to get things onto the ballot and let 261 the people vote has been hampered and he looks forward to the opportunity to serve and assist. 262 He stated that he would like to assist in building a positive relationship between the Charter 263 Commission and City Council as that relationship has been impaired. 264 265 Commissioner Turcotte had no comment. 266 6 Charter Commission January 14, 2016 Page 7 267 Commissioner Storberg stated that she was a member of the Commission when the Charter was 268 developed in 1980 and then came back to the Commission years later to provide the historical 269 side of the matter in attempt to help the situation. She stated that she just wants residents to have 270 the ability to vote on matters. 271 272 Commissioner Stanek stated that she has had involvement with the City Council during the past 273 two years and wants to be a part of what is going on. She stated that she did not like how the 274 City was treating individuals that were asking for help. She stated that through her experience 275 with the City Council and City staff she had been told that things could not be done that can be 276 done and wants to be a part of the can do attitude. 277 278 Commissioner Johnson stated that there changes that need to be made and communication that 279 needs to be improved so that the people of the City can have a voice. He stated that he would 280 need to leave the meeting to attend a musical performance. He left the meeting at 7:47 p.m. 281 282 Commissioner Aldentaler stated that he is a long time resident of Lino Lakes and also has 283 experience with the Department of Corrections in Stillwater and Lino Lakes. He provided 284 historical background information on the creation of the Charter, which allowed residents to 285 choose their own garbage hauler. 286 ,87 Commissioner Vanderpoel stated that he is a regulatory affairs specialist, noting that he gets _88 medical devices approved by agencies such as the FDA. He noted that he believed this would be 289 a way that he could contribute to the City. 290 291 Commissioner Juni introduced himself and provided information on his experience that would 292 assist in his service to the Commission, such as serving on other Boards. 293 294 Commissioner Stranik introduced himself and stated that he hopes to add some civility to the 295 relationship between the Charter Commission and City Council. 296 297 Commissioner Bretoi introduced himself and stated that he got involved with the Charter 298 Commission because of a petition for Shadow Lake improvements, noting that he felt like that 299 issue caused a lot of distrust for him with the City Council. He stated that in his opinion it is 300 important to have the checks and balances the Charter provides. 301 302 Acting Chair Dahl introduced herself and stated that the Charter for Lino Lakes provides rights to 303 its citizens that other City Charters do not provide to their citizens. She stated that it was her 304 support for the Charter and desire to be proactive that brought her to the Charter Commission. 305 She noted that she has served on the Planning Commission and City Council but has always 306 remained on the Charter Commission because she believes that citizens should always have the 307 right to vote on matters that concern them. 308 'Th09 Commissioner Juni asked if the Chair and Vice Chair from the previous year were still members 310 of the Commission. 311 7 Charter Commission January 14, 2016 Page 8 312 Acting Chair Dahl noted that both members chose not to come back to the Commission this year. 313 314 MOTION by Commissioner Turcotte, seconded by Commissioner Bretoi, to nominate Caroline 315 Dahl as Chairperson. 316 317 There were no other nominations. 318 319 Motion passed unanimously. 320 321 Commissioner Turcotte nominated Commissioner Dahl for the position of Chair. 322 323 MOTION by Commissioner Bretoi, seconded by Commissioner Stranik, to appoint Pat Devaney 324 as Vice Chairperson. 325 326 Motion passed unanimously. 327 328 Chair Dahl provided a brief description of the duties of Secretary. 329 330 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to appoint Chris Bretoi 331 and Carol Stanek as Secretary. 332 333 Motion passed unanimously. 334 335 Commissioner Bretoi referenced the Council worksession meeting where the agreement will go 336 forward regarding the League of Minnesota Cities. He asked if the Officers could meet through 337 teleconference to move ahead action. 338 339 The City Clerk noted that would be acceptable as long as a quorum is not present or involved. 340 341 NEXT MEETING DATE 342 Acting Chair Dahl noted the next meeting date is Thursday, April 14, 2016. 343 344 ADJOURN 345 346 MOTION by Commissioner Stranik, seconded by Commissioner Bretoi, to adjourn the meeting 347 at 8:14 p.m. Motion carried unanimously. 348 349 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 8 'AAGUE OF 1AINNESOTA CITIES February 10, 2016 City of Lino Lakes Charter Commission Chair 600 Town Center Parkway Lino Lakes, MN 55014 Dear Lino Lakes Charter Commission, CONNECTING & INNOVATING SINCE 1913 This letter describes how the League's Charter Assistance Program performs charter review services. Pursuant to Minnesota Statute § 410.06, subd. 1, the charter commission may request assistance of legal counsel for charter revision and amendment. At the commission's request, the League is therefore able to provide charter review services by one of its staff attorneys. Charter review for the Lino Lakes charter commission includes review of a proposed charter amendment related to creating a ward system. At the charter commission's request, I will also appear at a meeting to discuss the commentary and respond to questions. The cost of charter review assistance and attendance at one meeting if requested, is $75.00 per hour with a maximum charge of $750.00, plus any costs for mileage and overnight expenses. The League will send the bill to the Charter Commission Chair at the completion of the initial review. Any subsequent charter review or attendance at additional meetings will also be at a rate of $75.00 per hour. While I am working on behalf of the charter commission, my intent is to keep the city fully informed while in the review process. Therefore, any attorney/client relationship created between myself and the charter commission is waived with respect to the city council and the city's chief administrative officer. Additionally, I cannot begin the charter review until and unless the city is informed that the charter commission has agreed to seek review services from the League's Charter Assistance Program. The League reserves the right not to proceed with charter review upon the city's objection. The city will also receive any and all documents and reports generated from the charter review. Your city is a League member, so it is important that we have their support for any work I undertake on behalf of the Charter commission. Before I begin review, please sign and return a copy of this letter to show that the charter commission understands and accepts the terms I've described. You can mail it to the League's Charter Assistance Program, Attn. Amber Eisenschenk, 145 University Avenue West, St. Paul, MN 55103, or fax it to 651-215-4127. 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: WWW.LMC.ORG City of Lino Lakes February 10, 2016 Page 2 Thank you for your request. I look forward to working with you. Sincerely, Amber G. Eisenschenk 1 Staff Attorney Tel: 651-281-1227 Cell: 612-750-4825 Fax: 651-215-4127 aeisenschenk(c�Imc.orq 1 www.lmc.orq League of Minnesota Cities 145 University Ave. West 1 St. Paul, MN 55103 Accepted by: , Charter Commission Chair Date: Cc: Jeff Karlson, City Administrator Amber G. Eisenschenk Staff Attorney League of Minnesota Cities (hereafter "LMC" or "League") 145 University Ave. West St. Paul, MN 55103 March 7, 2016 Dear Ms. Eisenshenk, As you know, on February 8, 2016, the Lino Lakes City Council formally voted "to approve the request of the Charter Commission for <LMC> assistance with the proposed ward amendment only." My January 20 letter to you was a part of their information (a copy is attached). The League's Charter Assistance Program includes Charter amendment proposals, and the League has indicated that you would provide legal services to the Lino Lakes Charter Commission (hereafter "Commission"). I believe it is best to be very clear about our working relationship, so I am detailing what has been discussed in the form of an agreement between you, the League, and the Commission. You will work exclusively under the direction of the Commission for a Charter amendment to establish council election wards in the City. The Charter Commission already has a draft amendment proposal to build upon, which will be provided to you (please ignore the earlier erroneous copy from the City). Initially you will review the draft and re -word as needed for legality, maintaining as closely as possible the provisions therein with respect to applicable law. If applicable law requires that a provision in the draft be added, deleted, or substantively altered, you will demonstrate why and how that is the case and suggest alternative(s) to the Commission. If requested, you will appear at a meeting. The cost of these services shall be $75 per hour with a maximum charge of $750 plus any costs for mileage. The League will send the bill to me upon completion. Any subsequent legal assistance will also be at a rate of $75 per hour. At no expense to the Commission, you may keep the City Council informed while you are working for the Charter Commission, and may provide copies of reports or documents that you generate pursuant to Commission direction to the Council. You will fully copy and include the Commission on any communication that you or the League have with the City regarding the Commission, Charter, and/or wards amendment proposal. I am signing this agreement. Please return to me a copy with your signature. The Commission and I look forward to working with you. Cordially, Caroline Dahl Chair, Lino Lakes Charter Commission 1101 Holly Court Lino Lakes, MN 55038 (encl) Accepted by: g,e d Charter Commission Chair J— l -1V date Accepted by: LMC Staff Attorney date 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 Targe. 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. Subdivision 2. 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 wardor if a Council Member is excluded from a ward as a result of districting or redistricting, such Council Member's term of office shall expjre on January firsttfollowing the next regular City election. Subdivision 3. For thepurposes of electing City council members, the City shall be divided into four {4) serials numbered wards. These wards shall be as equal in population as practicable and each ward shall be composed of compact contiguous territory. Ward boundaries shall follow visible„ciearly recognizablephy_sical features as required by state law. Subdivision 4. Upon enactment of theseerovisions 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 Comission 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 thisourpose to be used bythe Commission to hire staff to aid it in preparing its districtingplan. Proposed ballot language: Should the city be split into four wards, with one city council member elected from each ward? Joseph J. Langel Direct Phone: (612) 225-6837 Direct Fax: (612) 225-6860 jjl cr ratwiklaw.com July 16, 2014 Jeff Karlson City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 f,Ukc_ gessurvi -r 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 J. Foy* Ann R. Goering Nancy E. Blumstein* Joseph J. Langel* Margaret A. Skelton Jennifer K. Earley Eric J. Quiring Erin E. Benson Christian R. Shafer Timothy A. Sullivan Nathan 13. Shepherd Ashley R. Geisendorfer * Also admitted in WI Paul C. Ratwik (Retired) John M. Roszak (1944 - 201 1) Jeff Karlson July 16, 2014 Page2_ 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 shal-1 fallow visible, clear_1_y_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. Jeff Karlson July 16, 2014 Page 3 We have identified three provisions of the proposed amendment, however, that conflict with State law. 1. 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 confirm 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, "[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 Jeff Karl son 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 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 of Lowell 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 ofRichfleld, 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, Joseph J. Lange Nathan B. Shepherd RRM: 188618 CITY CHARTER AMENDMENTS - MN STATUTES 410.12 January 2016 Proposals to amend a charter can be made by: • Council recommendation • Citizen petition • Charter Commission recommendation Charter amendments can be approved by: • Election • Ordinance For 2016 election year, proposals to amend a charter must be submitted to the city (see specific procedures for submitting amendments below) no later than July 12, 2016. County Auditor must be notified of title and language of all questions to be placed on the ballot according to the following schedule. Actions and approvals must be planned accordingly. Primary Election of August 9, 2016 — Deadline no later than 5 pm, Friday, May 27,' 2016 General Election of November 8, 2016 — Deadline no later than 5 pm, Friday August 26, 2016 PROCEDURE FOR AMENDMENT BY COUNCIL RECOMMENDATION: • Council adopts ordinance proposing the amendment • Council submits ordinance to Charter Commission for review • Charter Commission has 60 days for review (may be extended by the commission an additional 90 days by filing a resolution determining that additional time is necessary with the City Clerk) • Charter Commission either approves, rejects, or suggests substitute amendment • Charter Commission notifies Council of their action • Council may drop amendment OR adopt resolution calling for election to approve: o Proposed amendment as it was originally proposed OR o The Charter Commission's substitute amendment • If a resolution calling for election is adopted, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. PROCEDURE FOR AMENDMENT BY CITIZEN PETITION: • Citizens circulate petition stating the proposed amendment to the charter o Petitions must be uniform in character and must state the proposed amendment to the charter in full o If amendment is larger than 1,000 words, a true and correct copy must be filed with the City Clerk, and the petition will contain a summary (between 50 and 300 words) setting forth the "substance and nature" of the proposed amendment. o When a summary is used, that summary (along with a copy of the proposed amendment) must be first submitted to the Charter Commission for its approval as to form and substance. The commission has 10 days to return the summary with any modifications necessary to fairly comply with these requirements. • Petition must be submitted at least 17 weeks prior to the general election and must be reviewed by the City Clerk for sufficiency. • If determined to be sufficient, the commission must submit the petition to popular vote. o Amendment goes to the City Clerk, who notifies the Council. o Council places amendment on ballot for voter approval Page 1 Anoka County Elections and Voter Registration - January 2016 o NOTE: Council may not refuse to submit or change the amendment as long as it is constitutional. A City Council does not need to submit an unconstitutional charter amendment or an amendment that violates state or federal law to the voters. • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. PROCEDURE FOR AMENDMENT BY CHARTER COMMISSION RECOMMENDATION: Charter Commission Recommendation for Approval of Amendment by Ordinance: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Within 1 month of filing notice with the City Clerk the Council must publish notice of a public hearing of the proposal • Notice must contain the text of the proposed amendment • Public hearing must be held between 2 weeks and 1 month after notice is published • Council must vote on amendment within 1 month of public hearing • Amendment approved only if Council vote is unanimous • Ordinance amending charter published in same manner as other ordinances of the City • Ordinance becomes effective 90 days after passage and publication, unless a later date is provided for in the ordinance • Within 60 days after passage and publication, a petition signed by registered voters equal in number to at least 5 percent of the registered voters in the City or 2,000, whichever is less, may be submitted to force a referendum on the amendment. • If voters file a proper petition, the City must handle the amendment like any other charter amendment, except the Council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. • If ordinance is submitted by the Council to the voters, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. Charter Commission Recommendation for Approval of Amendment by Election: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Proposal must be submitted to Council at least 17 weeks prior to the general election • Council must provide for election as long as amendment is constitutional and does not violate state or federal law • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. This summary of MN Statute is intended for informational purposes only and should not be construed as legal advice. Persons seeking amendment of their City Charter are advised to work cooperatively with their City staff and to seek appropriate legal counsel. Page 2 Anoka County Elections and Voter Registration - January 2016 1 410.12 AMENDMENTS. MINNESOTA STATUTES 2015 410.12 Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. l a. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ) ) ss. County of ) being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 410.12 MINNESOTA STATUTES 2015 2 The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2015 410.12 Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7; 2010 c 184 s 43 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.