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HomeMy WebLinkAbout05-19-2016 Charter PacketLINO LAKES CHARTER COMMISSION SPECIAL MEETING PROPOSED CHARTER AMENDMENT ON CITY WARDS AGENDA THURSDAY, MAY 19, 2016 6:30 PM 1. Call to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 3. Setting the Agenda: Addition or Deletion of Agenda Items 4. Proposed Charter Ward amendment, amending Section 2.03. Council Composition and Election, relating to city wards A. Discussion on comments from City Attorney, Mr. Langel Next meeting date, Thursday, July 14, 2016, 6:30 p.m. Adjournment Caroline Dahl Pat Devaney Chris Bretoi Chair Vice Chair Secretary LINO CHARTER COMMISION RESOLUTION 16-01 Whereas the Lino Lakes Charter Commission has a statutory duty to frame .and amend the City Charter, and; Whereas legal services are typically necessary for such actions and; Whereas legal services for Charter Commissions are provided for under Minnesota Statutes; Now be it resolved that the Lino Lakes Charter Commission hereby retains Mr. Erick Kaardal, Esq. as its attorney to provide legal services as directed. Regarding the initial review of the Ward amendment, payment up to 500,00 dollars as per Mr. K;aardal's estimate. Sign this date, April 28, 2016 Caroline Dahl, Chairperson Lino Lakes Charter Commission May 11, 2016 Mayor Reinert Council member Maher Council member Rafferty Council member Manthey Council member Kusterman Dear Mayor and Council members, Attached is the Draft Proposed Ward amendment, amending the language identified by the comments made by Attorney Langel in order to move the question forward to the ballot. The Commission is requesting that the Mayor and Council members do an initial review of the amended Ward amendment with the changes made by Mr. Kaardal Esq, who has been retained by the Charter Commission. Please send your comments to Chair Dahl before the Charter's next meeting, May 19, 2016. Thank you. Cordially, Caroline Dahl, Chairperson Lino Lakes Charter Commission denali2010@q.com *Attached Draft Proposed Ward Amendment cc: Julie Bartell, City Clerk Jeff Karlson, City Administrator 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 Council Members shall serve for a term of four (4) years and/or until a successor is elected and gnalifies. The Mayor shall serve for a term of two (2) years and/or until a successor is elected and qualifies. Subdivision 2. Wards. (a) Number. The City comprises four wards, designated by number. (b) Characteristics. The wards shall be as equal in population as practicable (1) Each ward must not have a population more than five percent over or under the mean ward population according to the latest decennial federal census; (2) Each ward shall be composed of compact, contiguous territory, whose boundaries lie along the centerline of public ways, and as far as practicable, run due north -south or east -west. A lake or waterway , or other body of water within a ward does not affect these characteristics; and (3) Minimize change in existing boundaries, except as necessary in order to effect the foregoing criteria. (c) Redistricting. (1) Policy: The City must redistrict the wards, as this provides: (a) After the state legislature has been redistricted; or (b) At least 19 weeks before the state primary election in the year ending in two, whichever is first; (c) As required by general or special law or by judicial decree; or (d) When the number of wards changes; and may not otherwise redistrict them (2) Schedule: The City Council must adopt the redistricting of wards (a) within 60 days after the legislature has been redistricted; or (b) at least 19 weeks before the state primary election in the year ending in two, whicheveris first. (d) Council Penalties for Not Taking Action: If the City Council fails to take either action within the time period required, no further compensation shall be paid to the mayor or council member until the wards of the city are either reconfirmed or redefined are required under this section. (e) Effective Date: The redistricting plan takes effect on the date of the City Council's adoption. (f) Jurisdiction. The state district court has original jurisdiction over any case arising out of the redistricting of the City's wards under this Subdivsion 2. Subdivision 3. Ward Council Members: (a) Election: 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. (b) Residency Requirement A Council Member must reside within the ward from which they are elected. If a Council Member moves within the City from the Council Member's elective ward, or if a Council Member is excluded from a ward as a result of districting or redistricting, that Council Member's term of office shall expire on January first, following the next regular City election. Subdivision 4: Transition Periods: The City Council may enact any necessary or prudent ordinances necessary to implement Section 2.3 to transition the City to four wards. An ordinance establishing new ward boundaries becomes effective on the date of the state primary election in the year ending in two, except that the new ward boundaries established by the City Council in a year ending in one are effective on the date of the City's primary election in the year ending in one. 2 Joseph J. Langel Direct Phone: (6 l2) 225-6837 Direct Fax: (612) 225-6860 jil@ratwiklaw.com Jeff Karlson City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 May 18, 2016 Via e-mail Ratwik. Roszak & 14Maloney, P.A. RE: Charter Amendment - Wards Our File No. 4021-0130 Dear Mr. Karlson: The draft Charter amendment concerning the proposed ward system was forwarded to me for review. I have the following general comments: 1. In terms of format, the proposed amendment will have to be drafted in typical amendment form, showing deletions and additions to the existing Section 2.03. The syntax in general should also be reviewed for final form. 2. Subdivision 1 must state that the Mayor is elected at large. That point is not expressly stated anywhere in the amendment, but is stated in the original language that is being repealed. 3. Subdivision 2(b) - The sentence, "The wards shall be as equal in population as practicable" in Subdivision 2(b) should be incorporated into subparagraph (1), if it is retained at all. That is a statutory requirement (Minn. Stat. § 205.84, subd. 1) so it does not need to be restated in the Charter. The language in subparagraph (1) further refines the statutory rule, which is fine, but it should be clarified that the calculation is only undertaken at the time of ward creation or redistricting. 730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339-0060 • f (612) 339-0038 • www.ratwiklaw.com 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 B. Shepherd Ashley R. Geisendorfer Emily J. Schnaidt Also admitted in WI Paul C. Ratwik (Retired) John M. Roszak (1944— 2011 ) Patricia A. Maloney (Retired) Jeff Karlson May 18, 2016 Page 2 4. Subparagraph 2(b)(3) — Clarify that this rule concerning changes to ward boundaries only comes into play during redistricting. On a broader level, 1 am concerned that this redistricting limitation may unnecessarily restrict the City when reviewing changes to ward boundaries. The boundaries initially determined by the City may, with the benefit of years of hindsight, not be considered to be in the best locations. Over the years, new neighborhoods will be created, commercial areas may grow or shrink, and land use may very well change in many areas. The wards that seem to make sense in 2016 may not make much sense 20 years later. This language essentially forever binds the City to the general ward locations and shapes initially determined by the current Council, subject only to what minimal changes are necessary to accommodate population shifts. 5. Subdivision 2(c)(1) — Subparts (a) and (b) simply reiterate the requirements of Minnesota Statutes section 204B.135, subdivision 1. From a drafting perspective, it would be cleaner to either just reference the statute or just leave it out entirely. Regardless, the statute controls. 6. Subdivision 2(c)(1) — Subparts (c) and (d) should be deleted. If state law or judicial decree mandates redistricting, then it will have to occur whether it is stated here or not, so that language adds nothing. Also, changing the number of wards requires another Charter amendment and would, by necessity, mandate redistricting, so that, too, adds nothing. 7. Subdivision 2(d) — This is virtually a verbatim copy of a sentence in Minnesota Statutes section 205.84, subdivision 2. Again, it would be better to either reference the statute or not include the language at all because the statute already takes care of the issue and it controls. 8. Subdivision 2(e) — This section provides that redistricting plans take effect upon adoption by the Council. The effective date, however, is determined by statute and is also reiterated in Subdivision 4. This paragraph (e) conflicts with the statute and should be deleted. 9. Subdivision 4 — The second sentence concerning the effective date is a reiteration of Minnesota Statutes section 205.84, subdivision 3. It is also somewhat confusing because the first sentence relates to the initial transition to the ward system following adoption of this amendment. whereas the second sentence concerns futureseslistricting. The distinction is not clear in this paragraph. For both reasons, I suggest deleting the second sentence. Jeff Karlson May 18, 2016 Page 3 If you have any questions about the proposed amendment or my comments, please give me a call. RRM: 231641 Ver truly yours, t ,.c 01/747, Joseph Langel 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, thatsummay_(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 Charter Commission April 28, 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 April 28, 2016 6:30 p.m. 8:15 p.m. Aldentaler, Bretoi, Dahl, Damiani, Devaney, Johnson (arrived at 6:47 p.m.), Juni, Lyden, Poehling, Stanek, Storberg, Stranik, Turcotte, and Vanderpoel Combs None None Michael Mooney, City Administrator Jeff Karlson, and Erick Kaardal CALL TO ORDER AND ROLL CALL Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on April 28, 2016. PLEDGE OF ALLEGIANCE 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. APPROVAL OF MEETING MINUTES Chair Dahl noted on line 198, it should state, "...of its self. He asked if the agreement" She noted on line 342, it should state, "...Acting Chair..." Commissioner Storberg noted on line 268, it should state, "...1980 1982..." Commissioner Juni noted on line 330, it should state, "MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to appoint Chris Bretoi as Secretary and Carol Stanek as Assistant Secretary." MOTION by Commissioner Juni, seconded by Commissioner Stranik, approving the muting minutes of January 14, 2016 with the noted corrections. Motion passed 13-0-1. (Lyden abstained) NEW BUSINESS 1 Charter Commission April 28, 2016 Page 6 224 Commissioner Bretoi suggested that the Commission meet again in June rather than July in order 225 to meet the deadline for the ballot submission. 226 227 Chair Dahl provided potential draft language that could be included in the resolution that would 228 address the initial estimate of $500 for the initial review. 229 230 Commissioner Devaney asked the opinion of Mr. Kaardal in regard to the next meeting date. 231 232 Mr. Kaardal stated that he would prefer to have the Commission review the language in May in 233 order to ensure sufficient time for review. 234 235 MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, to adopt Resolution 236 #2016 amended to include the initial estimate of $500. 237 238 Motion passed unanimously. 239 240 NEXT MEETING DATE 241 Chair Dahl noted the next regular meeting date is Thursday, July 14, 2016. 242 243 It was the consensus of the Commission to schedule a special meeting on Thursday, May 19, 244 2016. 245 246 Mr. Karlson stated that typically the Commission submits a letter with the potential amendment 247 language to the City Council for review and does not have to get onto a Council agenda. 248 249 Mr. Kaardal stated that would like to attempt to gain a preliminary legal opinion from Attorney 250 Langel prior to the May 19th meeting, so the Commission could review that opinion prior to the 251 meeting. He noted that Chair Dahl could distribute the potential language to the Commission via 252 email and if consensus is gained, he would then submit the letter to the City for review by 253 Attorney Langel. He stated that he would supply the draft language this next week for the 254 Commission to review. 255 256 Mr. Karlson confirmed that the City would be in agreement with that process. 257 258 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, authorizing Attorney 259 Kaardal to submit the draft language to the City for initial review and comment prior to the May 260 19, 2016 meeting. 261 262 Commissioner Lyden asked if the Commission would be violating open meeting laws by replying 263 to gain consensus. 264 265 Mr. Kaardal stated that he could gain approval from the Chair prior to submitting the language to 266 the City for review. 267 6 Charter Commission April 28, 2016 Page 7 268 Commissioner Poehling stated that the information sent through email would simply be for 269 review purposes, as the Commission would not take formal action until the May 19th meeting. 270 271 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to amend the motion to 272 authorizing Attorney Kaardal to submit the draft language to Chair Dahl and she will submit that 273 language to the City for initial review and comment prior to the May 19, 2016 meeting. 274 275 Motion passed unanimously. 276 277 B. Ward Amendment 278 No additional discussion. 279 280 C. Charter Commission Annual Letter to the Judge for 2015 (to follow) 281 Chair Dahl stated that the Commission could either choose to submit the letter or table the item. 282 She noted that the new members would have to abstain. 283 284 MOTION by Commissioner Bretoi, seconded by Commissioner Damiani, approve the annual 285 letter to the Judge for 2015 as drafted by Chdr Dahl. 286 287 Motion passed 8-0-5. (Abstained: Juni, Stranik, Stanik, Devaney, and Vanderpoel) 288 289 ADJOURN 290 291 MOTION by Commissioner Poehling, seconded by Commissioner Bretoi, to adjourn the meeting 292 at 8:15 p.m. Motion carried unanimously. 293 294 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 7 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 latae 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 wardz 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 Cid election. Subdivision 3. For the purposes of electing_City council members the City shall be divided into four (4) serially numbered wards. These wards shall be as equal in population as practicable and each ward shall be composed of compact„contjguous territory. Ward boundaries shall follow visible clearly recognizable physical features asrequired state law. Subdivision 4. Upon enactment of these provisionsLand 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 this purpose to be used by the Commission to hire staff to aid it in pr paring its districting plan. Proposed ballot language: Should the city be split into four wards, with one city council member elected from each ward?