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05-22-2008 Charter Packet
LINO LAKES CHARTER COMMISSION SPECIAL MEETING AGENDA Thursday, May 22, 2008 1. Call to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 6:32 PM 3. Approval of Agenda 6:33 PM 4. Open Mike 6:34 PM 5. Approval of Minutes: 6:34 PM April 17 2008 6. Old Business A. 2008 Budget update B. Ballot language C. Review of Amendments • Commercial base • Potential changes D. Communication Plan 7. New Business A. Quality of Life Survey B. Extension for Amendment Review Adjourn 6:35 PM 6:40 PM 7:00 PM 7:55 PM 8:35 PM 9:00 PM 9:15 PM A Date: 05/16/2008 Account# / Title Time: 08:46:31 City of Lino Lakes FM Reports - Period Expenditure Report Calendar Period: 01/2008 To: 05/2008 Fiscal Period: 01/2008 To: 05/2008 Budget Thru: 12/2008 Original Net Budget Operator: ajr Page: 1 Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 101-405-4300-999 GENERAL CHARTER PROFESSIONAL Tr Date Type 0.00 0.00 5,000.00 Journal Receipt Check#/Date Vendor 0.00 0.00 5,000.00 0.00 0.00 1,577.54 Description 0.00 0.00 1,577.54 0 0 32 Amount 02/11/08 02/25/08 02/29/08 04/14/08 05/27/08 05/27/08 INV -IN INV -M PST-je INV -IN INV -IN INV -IN 6907 6973 7087 7070 7217 7217 101-405-4301-000 GENERAL 101-405-4322-000 GENERAL 101-405-4330-000 GENERAL 101-405-4340-000 GENERAL TTrDate Type 82294 02/11/08 82317 02/12/08 1 82672 04/14/08 05/27/08 05/27/08 CHARTER MUNICIPAL ATT CHARTER POSTAGE CHARTER TRAVEL/TUI TIO CHARTER ADVERTISING TIMESAVER OFF-SITE SECRETARIAL MARTY LAW FIRM, LLC MARTY LAW FIRM, LLC MARTY LAW FIRM, LLC TIMESAVER OFF-SITE SECRETARIAL 500.00 0.00 0.00 200.00 Journal Receipt Check#/Date Vendor CHARTER MEETING LEGAL SERVICES/CHARTER Rev Marty Law Firm,ch8231 PROFESSIONAL SERVICES/CHA PROFESSIONAL SERVICES/CHA CHARTER COMMISSION 4-17 Detail Total: 500.00 0.00 0.00 0.00 0.00 0.00 200.00 61.20 Description 0.00 0 0.00 0 0.00 0 61.20 31 0.00 0.00 3,422.46 213.25 3,060.46 3,060.46- 846.31 274.48 243.50 1,577.54 500.00 0.00 0.00 138.80 Amount 03/10/08 INV -IN 6996 03/31/08 PST-je 7219 04/14/08 INV -IN 7070 05/27/08 INV -IN 7217 82459 03/10/08 PRESS PUBLICATIONS, INC. 1 82693 04/14/08 PRESS PUBLICATIONS, INC. 05/27/08 PRESS PUBLICATIONS, INC. 101-405-4343-000 GENERAL CHARTER NEWSLETTER 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA GRAND TOTAL 0.00 0.00 0.00 5,700.00 0.00 0.00 0.00 5,700.00 ADV CITY COUNCIL WORK SES Correct code for ch #8245 ADVERTISING/CHARTER COMMI CHARTER COMMISSION Detail Total: 0.00 0.00 0.00 1,638.74 0.00 0 0.00 0 0.00 0 1,638.74 29 22.95 22.95- 38.25 22.95 61.20 0.00 0.00 0.00 4,061.26 bbl Jha/ria/r- &i7 s�orS CITY OF RAMSEY - Question No. 1 Shall the Home Rule Charter of the City of Ramsey be amended to require that four Council Members be elected from wards and two elected at large? CITY OF RAMSEY - Question No. 2 Shall the Home Rule Charter of the City of Ramsey be amended to require a primary election for the selection of two nominees for each elective office at the regular municipal election, unless two nominees or fewer file for each elective office? CITY OF RAMSEY - Question No. 3 Shall the Home Rule Charter of the City of Ramsey be amended by the adoption of Chapter 15 which permits the City Council by Resolution to adopt and amend the City's Comprehensive Plan by a majority vote of all its members, as opposed to a 2/3 vote of all its members? CITY OF RAMSEY - Question No. 4 Shall the Home Rule Charter of the City of Ramsey be amended to provide that the required number of signatures for initiative and referendum petitions be increased from at least ten percent to at least twenty percent of the registered voters at the time of the last citywide election? CITY OF RAMSEY - Advisory Question No. 1 By vote of the electorate in 1996, the Mayor's term was increased from two years to four years. Pursuant to an advisory question in 2000, the electorate recommended that a majority of the City Council be elected every two years. Under State law, Council Member terms can only be four years; however, the Mayor's term can be either two years or four years. Do you now favor reducing the Mayor's term to two years in order that the majority of the City Council is elected every two years? CITY OF RAMSEY - Advisory Question No. 2 The current Comprehensive Plan Draft proposes a bridge crossing over the Mississippi River between the cities of Ramsey and Dayton. Do you support the construction of a bridge across the Mississippi River? CITY OF RAMSEY - Advisory Question No. 3 Do you want a Town Center with restaurants, shopping and other amenities along the Highway 10 Corridor 1Fttta IFI (FH' itit • UNOFFICIAL RESULTS SPECIAL GENERAL STATE HOUSE DISTRICT 128 AND SELECTED MUNICIPAL ELECTIONS Page 1 of 1 Election Reporting System Results Home « Previous Page Precincts Reporting: 100.00% (8 of 8) Last update was: 11/20/2001 4:43:03 PM Results for the City/Township of 0095 - Ramsey • City of Ramsey Question No. 1 Nonpartisan YES Nonpartisan NO • City of Ramsey Question No. 2 El Nonpartisan YES Nonpartisan NO • City of Ramsey Question No. 3 11 Nonpartisan YES Nonpartisan NO • City of Ramsey Question No. 4 E31 Nonpartisan YES Nonpartisan NO • City of Ramsey Advisory No. 1 Nonpartisan YES Nonpartisan NO • City of Ramsey Advisory No. 2 Nonpartisan YES Nonpartisan NO • City of Ramsey Advisory No. 3 Nonpartisan YES Nonpartisan NO Back to top Totals Pct Graph 3210 70.38 1351 29.62 _ Totals Pct Graph 2955 65.35 1567 34.65 Totals Pct Graph 2487 54.62 2066 45.38 Totals Pct Graph 2876 63.03 1687 36.97 Totals Pct Graph 1949 41.93 2699 58.07 Totals Pct Graph 3959 84.00 754 16.00 III Totals Pct Graph 2879 61.20 1825 38.80 'Results are only for the selected region and may not reflect total votes for these races. Created 4/18/2008 5:20:03 PM (0.0000) �.... ,. 1 nn 0 w !._w dr1r• o_n.,......—!1'1'71 (Y)1') d/1 R/')f1(152 RAMSEY COUNTY, MINNESOTA CITY OF MOUNDS VIEW INDEPENDENT SCHOOL DISTRICT NO. 621 NORTH SUBURBAN HOSPITAL DISTRICT NOVEMBER 7, 2006 INSTRUCTIONS TO VOTERS To vote, completely fill in the oval(s) next to your choice(s) like this: in CITY QUESTIONS To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. Should Chapter 7 section 7.03 of the City Charter be amended by adding new language to limit annual property taxes, levies and specified fees for City services to a maximum increase of 5%, or the CPI (Consumer Price Index) plus 2%, whichever is less, and to restrict the ability of the City to increase specified fund balances beyond set limits, with any increase in excess of these limits being subject to voter approval? --, YES CD NO SCHOOL DISTRICT QUESTIONS To vote for a question, fill in the oval next to the word 'YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. SPECIAL DISTRICT OFFICES NORTH SUBURBAN HOSPITAL DISTRICT JUDICIAL OFFICES 2ND DISTRICT COURT JUDICIAL OFFICES SUPREME COURT 0 JOHN B. VANDENORTH, JR. incumbent O write-in, if any O BARRY ANDERSON incumbent write-in, if any n DALE B. LINDMAN incumbent COURT OF APPEALS The Board of Independent School District No. 621 (Mounds View) has proposed to revoke the school district's existing referendum revenue authorization of $321.39 per pupil that is expiring after taxes payable in 2007 and to increase its general education revenue by replacing that authorization with a new authorization of $990.00 per pupil. The proposed referendum revenue authorization would be applicable for eight years unless otherwise revoked or reduced as provided by law. Shall the school district's existing referendum revenue authorization be revoked and the increase in the revenue proposed by the Board of Independent School District No. 621 be approved? YES fl NO BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FORA PROPERTY TAX INCREASE. DAN GRIFFITH CHRISTOPHER J. DIETZEN incumbent write-in, if any write-in, if any RENEE L. WORKE incumbent write-in, if any 0 JILL FLASKAMP HALBROOKS incumbent wnte-in, if any fl GORDON W. SHUMAKER incumbent Owrite-in, if any "kin 111CTDIf`T (AI IDT n EDWARD S. WILSON incumbent Bemidji -- 2006 ELECTION RESULTS Page 4 of 4 QUESTION #2 - Shall Section 2.06 of the Charter be amended to add the requirement that the mayor provide an annual state of the city address to city residents and delete the reference to election of president pro -tem? YES 331 430 804 552 809 2926 NO 111 151 269 186 268 985 Write Ins Number of Over Votes 0 0 1 2 0 3 Number of Under Votes (blank for this race) 129 106 224 102 108 669 TOTAL VOTES CAST 571 687 1298 842 1185 4583 QUESTION #3 - Shall Section 2.09 of the Charter be amended to delete and restate in stronger language the prohibition that the mayor and/or councilmembers not publicly or privately direct or manage the work of a subordinate of the city manager? YES 281 405 759 516 783 2744 NO 130 160 265 207 277 1039 Write Ins Number of Over Votes 0 0 2 0 0 2 Number of Under Votes (blank for this race) 160 122 272 119 125 798 TOTAL VOTES CAST 571 687 1298 842 1185 4583 QUESTION #4 - Shall Section 6.01 of the Charter be amended to delete the current provision which permits the council to pay the city manager salary and/or benefits for an additional calendar month, not to exceed two calendar months salary and/or benefits, after the council's adoption of a preliminary resolution to suspend the city manager from duty? YES 260 336 662 440 688 2386 NO 150 217 365 288 381 1401 rite Ins Number of Over Votes 0 1 3 2 1 7 Number of Under Votes (blank for this race) 161 133 268 112 115 789 (TOTAL VOTES CAST 571 687 1298 842 1185 4583 Bemidji -Regional Center Amenities with Small Town Character OME I Community Overview/LINKS 1 Mayor & Council ( Departments 1 City Code & Charter 1 Commissions/ Boards ( FORMS & MAPS 1 Greater Bemidii Area Joint Planning 1 Events Center I Employment 1 Weekly Newsletter 1 How are we doing? 1 FAQ 1 Privacy Statement Powered by g( to:Wwww.ci.bemidj i.mn.us/index.asp?Type=B_BASIC&SEC=%7BAE80E5B6-54EF-4F0D-93C4-75EC4AD5CBD0%7D&DE=%7B5FC697�T... 4/18/2008 '`,„ Excerpt from April 21, 2008 e-mail to Charter Commissioner: I received a call from .Anoka County a few minutes ago about my question about how the Charter Commission would go about putting an amendment question on the ballot this fall. She indicated that we would need to follow whatever normal process the city has established, which means going through the City Council, however, she was very adamant that the City Council MUST authorize putting our amendment on the ballot, so it's not a question of "if' for us or them. She also said that the council CANNOT change the ballot language that we put forward and she suggested working with the city attorney, or our own if we have one, to get the ballot language worked out. I asked her about the actual language of the question itself, i.e. approving the changes to Chapter 8 of the Charter with one question vs. spelling out each section and subdivision change with multiple questions. She indicated that if we had multiple questions that they would most likely have to have a second ballot, which was not a popular idea and gets very messy. She suggested keeping the question as simple as possible because if the question(s) are too lengthy, the voters will just vote "no" or they won't vote on the questions at all. If the ballot question is simple, the response is generally better. She was very helpful overall and said that if we have a dispute with City Hall over the ballot question that we can always call Anoka County for assistance, which was good to know. She is very aware of the politics that are involved with these sorts of issues. That's all for now. Take care, Cori 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "-ft\ 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Charter Commission April 17, 2008 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT DRAFT CITY OF LINO LAKES CHARTER COMMISSION : April 17, 2008 . 6:30 P.M. . 9:32 P.M. : Dahl, Trehus, Handrick, Vacha, Bening, Duffy, Bor, Richard Williams, Rosemary Williams, Storberg, Montain, Zastrow, Stockman Maher, and Carlson : Aldentaler : None : City Clerk, Julianne Bartell (part) CALL TO ORDER AND ROLL CALL Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:30 p.m. on April 10, 2008. The City Clerk swore in new members Bretoi and Gunderson. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Chair Duffy added item in which the two new members would introduce themselves during the open mike portion of the meeting. Commissioner Trehus added an item to discuss the possible charter amendment due to City wide growth under the new business portion of the meeting. MOTION by Commissioner Dahl, seconded by Commissioner Lyden, to approve theApril 17, 2008, Charter Commission meeting agenda as corrected above. Motion carried unanimously. OPEN MIKE Commissioner Gunderson advised that she had lived in Lino Lakes for the past eight years with her husband, 16 year old stepson and 2 1/2 year old twins. She stated that in 2001 she ran for City Council on a few issues that she felt strongly about, but did not win. She stated that she has a passion for local government and politics in general. She was thrilled to have the opportunity to get back into local government and thought that the Charter Commission would be a great way to do that and to meet new people. 1 Charter Commission April 17, 2008 Page 2 DRAFT 45 46 Commissioner Bretoi advised that he had been a property owner in Lino Lakes since 1986 and 47 has lived in the City for the past 11 years. He thought it was interesting to see all the changes 48 that have taken place since that time. He advised that he decided to get involved because he had 49 been following the discussions on street improvement and some other City Council issues. He 50 thought the only way that he could actually have a say in those matters would be to join the 51 Charter Commission. 52 53 Commissioner Storberg questioned if the Commissioner positions had now been fulfilled. 54 55 Chair Duffy replied that their Commission is now full in members. 56 57 APPROVAL OF MINUTES — JANUARY 17 AND FEBRUARY 28, 2008 58 59 January 17, 2008 60 61 Commissioner Dahl stated that row 281, the second on the motion should be Commissioner 62 Trehus and not Commissioner Dahl. 63 64 Chair Duffy advised that the minutes show Commissioner Williams as unexcused but he was 65 present and should be shown in the members present section. 66 67 MOTION by Commissioner Stockman Maher, seconded by Commissioner Dahl, to approve the 68 January 17, 2008, Charter Commission meeting minutes as corrected above. Abstain: 69 Commissioners Bretoi and Gunderson. Motion carried. 70 71 February 28, 2008 72 73 MOTION by Commissioner Zastrow, seconded by Commissioner Lyden, to approve the 74 February 28, 2008, Charter Commission meeting minutes as presented. Abstain: 75 Commissioners Bretoi and Gunderson. Motion carried. 76 77 OLD BUSINESS 78 79 Quarterly Finance report 2008, Budget Update and all Charter Related Updates by City 80 Administrator, Gordon Heitke 81 82 Commissioner Dahl stated that she would appreciate an easy to read edition of the quarterly 83 update, as she found the format hard to read. 84 85 Chair Duffy advised that she and Commissioner Dahl are looking into a situation. She reported 86 that the attorney for the Charter Commission was unpaid for her December and January services 87 and finally reached them to advise them of this in February. She advised that they had checked 88 into it and did not know what happened. She thought that they held the payments for the Charter 2 Charter Commission April 17, 2008 Page 3 DRAFT 89 Commission, with the exception of Timesavers, and by that time did not have enough funds to 90 pay the attorney. She advised that the attorney had now been paid up to date, but was upset that 91 they were not notified about this situation until the attorney notified her in the begining of 92 February. 93 94 Commissioner Dahl advised that she does forward the bills directly to City Hall. She thought 95 that if they were over budget by $500 they should have sent a smaller payment with an 96 explanation instead of not paying at all. She thought that the situation was handled poorly and 97 advised that she documented everything that occured in chronological order. 98 99 Chair Duffy advised that she went to City Hall and was only given half of the information that 100 she requested and stated that this is more of a housekeeping issue for the Commission. 101 102 Commissioner Lyden thought that they should be more proactive and also believed that the 103 Charter Commission should receive more money. He did not believe that the Charter 104 Commission should be caught in an embarrassing situation like that. 105 106 Commissioner Gunderson questioned if late charges acrued and also what the budget was for 107 2007. 108 109 Chair Duffy advised that the budget was $1,500 for 2007, but they had asked for an additional 110 $5,560. She advised that they also asked for an additional $5,000 in 2008 which would bring 111 that budget to $7,500. She stated that there were not any late charges for the attorney. 112 113 Commissioner Dahl advised that the $7,500 was not concrete. She stated that the Council did 114 approve the additional funds in September but the current budget is showing $5,700 not $6,500. 115 116 Commissioner Lyden questioned if they should have the attorney present at all the meetings until 117 they get through some of the bigger issues. He advised that the City Council has their legal 118 counsel present at their meetings and thought that the Charter Commission could benefit from 119 that as well. 120 121 Commissioner Dahl thought that it would be nice to have the attorney available for questions and 122 did not believe that her charges were outrageous. 123 124 Commissioner Zastrow thought that it would also be a good idea. He stated that the Commission 125 has a lot of big issues coming up and thought that it would be best to have the attorney present so 126 that they would know the answers immediately and would be able to take action during the 127 meeting. 128 129 Commissioner Vacha thought it would be more productive to compile questions for the attorney 130 and then submit them and come back with the answers at the next meeting. He stated that the \ 131 meetings could drag on with 15 people and thought it would be better to have the attorney 132 present at meetings towards the end of the issues. Charter Commission April 17, 2008 Page 4 DRAFT 133 134 Commissioner Lyden thought that the hard part is once a question is answered you sometimes 135 have two more questions and thought it would be better if the attorney was present at the 136 meetings. 137 138 Commissioner Vacha advised that they are already walking the fence and thought it would be 139 better to not give the Council any more ammunition to get rid of the Charter Commission. 140 141 Commissioner Carlson agreed with both points and thought that they should hold off on a motion 142 regarding having the attorney present at meetings until they discuss the issues further tonight. He 143 thought that they should know in which direction they are going to go before commiting to 144 having her present at all meetings. 145 146 A. Election of Officers 147 148 Chair Duffy advised that they had already held an election in which Commission Dahl was 149 elected as Vice -Chair, although she had been Secretary for a long time. She questioned which 150 position Commissioner Dahl would like to hold as they can only have one person for each 151 position. 152 153 Commissioner Dahl responded that she would like to try the Vice -Chair position. 154 155 Chair Duffy advised that they would then need a Secretary and called for nominations. 156 157 Commissioner Vacha nominated Commisioner Gunderson for the position of Secretary. 158 159 Commissioner Storberg seconded that nomination. 160 161 Commissioner Gunderson questioned what the duties of the position would entale and was 162 directed to section four, article two. 163 164 Commissioner Carlson felt that it was important to have three officers for the Charter 165 Commission. 166 167 Commissioner Gunderson advised that she did have some reservations about taking the position 168 because of her committment to her children during the day. 169 170 Commissioner Lyden thought that Commissioner Dahl could possibly help out to transition the 171 new Secretary into her position. He advised that she may need some help in the next month as 172 she had never held the position before. 173 174 Commissioner Gunderson advised that she had been Secretary of other Boards that she had 175 presided on and thought that with the freindlyness of the Commissioners she would be able to get 176 assistance when needed. She accepted the position. 4 Charter Commission April 17, 2008 Page 5 DRAFT 177 178 Chair Duffy called for further nominations. Hearing none, she called for a motion. 179 180 MOTION by Commissioner Vacha, seconded by Commissioner Storberg, to elect Commissioner 181 Gunderson to the position of Charter Commission Secretary for 2008. Motion carried 182 unanimously. 183 184 Commissioner Minar nominated Commissioner Lyden for position of Assistant Secretary. 185 186 Chair Duffy called for further nominations. Hearing none, she called for a motion. 187 188 MOTION by Commissioner Minar, seconded by Commissioner Bretoi, to elect Commissioner 189 Lyden to the position of Charter Commission Assistant Secretary for 2008. Motion carried 190 unanimously. 191 192 B. Street Maintenance Update 193 194 Commissioner Lyden advised that he did not have enough time to get through all of the 195 information. He stated that he had been appointed to find information and advised that he 196 contacted City Hall but the information was not easy to obtain. He advised that it did 197 take a while to get all of the information and that he would have everything prepared for 198 the next meeting. He stated that in 1997 the street budget was $514,000 and that in 2006 199 that amount increased to $639,000. He advised that although it may seem adequate the 200 overall budget increase from 4.8 million dollars in 1997 to 8 million dollars in 2007. He 201 explained that although the overall budget doubled the street maintenance budget was 202 only slightly increased. 203 204 Commissioner Trehus clarified that the street maintenance budget only increased by 205 $100,000 in ten years. He advised that while one budget doubled, the other increased by 206 only five percent. 207 208 Commissioner Minar questioned where the money was going since the overall budget 209 doubled and the other barely increased. 210 211 Commissioner Vacha thought that it might be a good idea to include those numbers in a 212 newspaper article. 213 214 Chair Duffy advised that with the pavement management plan did increase in 2007 but 215 did nothing for the ten to 15 years previous to that. 216 217 C. Under Charter's Review 218 a. Staff's amended amendment approved by City Council 219 i. Charter Commission review of amended City amendment 220 Charter Commission April 17, 2008 Page 6 DRAFT 221 Chair Duffy advised that everyone should have received information in their packet which 222 included background information on the ordinance for the amended amendment and also 223 included the new ordinance 05-08. She advised that the City Council had decided to amend the 224 Task Force amendment, which was brought in as an ordinance the prior year but was no longer 225 valid as it did not have a second reading. 226 227 Commissioner Carlson advised that they had deleted subdivision five, section three from the 228 amendment that the Charter Commission had approved which he thought was a significant 229 paragraph. 230 231 Chair Duffy advised that the Council had eliminated the one year moratorium for improvement 232 projects that are not approved by the citizens. She advised that under the new timeline, the 233 Commission has until May 24th to make their decision and submit it back to the City Council. 234 She advised that the Council is ademant about getting this completed before September 1 lth 235 which is the date that they would have to have their proposed language submitted to Anoka 236 County, so that it could appear on the November ballot. 237 238 Chair Duffy advised that the Council had requested a grid to easliy compare the tax excempt 239 bond status information. She advised that existing Charter Commission bonds are taxable but 240 the Task Force bonds would be tax excempt. 241 242 Commissioner Trehus advised that the premis is that those Charter excempt zones are causing 243 problems with the rate and attractiveness for lending in Lino Lakes. He advised that when they 244 had previously asked questions regarding this issue they had been told that it had been taken care 245 of and to drop the issue. He stated that they did not care previously but now are coming back to 246 this and stating that it is an issue. He stated that he would like to have them come in front of the 247 Charter Commission to explain it again and answer questions. 248 249 Chair Duffy thought that if they asked them to come and explain the issue again they would be 250 denied access. 251 252 Commissioner Trehus advised that the Commission had been denied access to staff in the past 253 but did not think it was a good policy to try to impeed the questions of a govenerment agency. 254 He advised that they had asked for the Community Development Director and the City Engineer 255 to be present at their meeting in the past and the Council denied the request with the rational that 256 they were going to form a Task Force to review the Charter proposal. 257 258 Commissioner Gunderson did not think that their request would be denied as all parties had made 259 their recomendations for the amendment at this point. 260 261 Commissioner Trehus thought that it might be worth it to hear the rational for the need to change 262 the Charter exempt zones. 263 6 Charter Commission April 17, 2008 Page 7 DRAFT 264 Chair Duffy advised that it may be an option to ask staff to come and explain and stated that 265 another option would be to propose some questions and send them to staff to see what kind of 266 response they get first. 267 268 Commissioner Storberg thought that they should put forth the options and take a vote to see it the 269 Commission wants to accept the changes to the amendment to deny them. 270 271 Commissioner Bretoi questioned what the likeyhood of the Commission submitting their own 272 proposal on the charter on the ballot. 273 274 Commissioner Zastrow advised that they do not want to accept the changes that the Council has 275 proposed and stated that they could either submit their own changes or leave the existing charter 276 as is. 277 278 Chair Duffy advised that they have until May 24th to approve the City Council amendment. She 279 advised that they could then either look at continuing with the amendment that the Commission 280 submitted last December or they could withdraw that and start new to submit their own 281 amendment again. 282 283 Commissioner Zastrow thought that their previous amendment was the best that they would get "'\ 284 it. He suggested rejecting the Council amendement and letting them put it on the ballot. He 285 advised that they could then advertise against it and thought that they could knock the 286 amendment down with advertising. 287 288 Commissioner Gunderson stated that she had been following this in the papers and was just as 289 confused as most other citizens in the city. She did not believe that the Commission could spend 290 public funds to advertise either way on a ballot amendment. 291 292 Commissioner Storberg advised that the City Council could advertise in the newsletter. 293 294 Commissioner Trehus advised that the Council did already spend public funds to advertise on the 295 referendum. He stated that the Council could argue that they did not spend $25,000 to tell the 296 citizens that the charter costs the citizens millions of dollars. 297 298 Commisioner Carlson advised that from the information they received from their attorney they 299 could educate the public and believed that things would get stretched out of proportion. 300 301 Chair Duffy advised that it might be helpful to get information on multiple ballot questions. She 302 questioned how confusing the Commission wanted to make this issue. She advised that the 303 either proposal would need 51 percent of the vote to pass. 304 305 Commissioner Lyden advised that the game was going to be played whether the Commissioner 306 played or not and thought that it would be better to have a good defense rather than offense. He 307 stated that if they could stop the amendment from the City Council it would be more important Charter Commission April 17, 2008 Page 8 DRAFT 308 than getting the changes that the Commission would like to see approved. He thought that if they 309 could stop the amendment from the City Council they could then propose their own amendment 310 then next year to make the changes they see necessary. 311 312 Commissioner Storberg advised that the biggest issue in the last 25 years was that the charter was 313 ridged and prevented them from getting the roads fixed. She advised that if the Commission's 314 amendment was approved it would get the roads fixed. She advised that it is going to be 315 confusing either way. 316 317 Commissioner Drennen thought that the biggest difference between the two amendments was the 318 issue of referendum. He advised that the amendment proposed by the Commission allows the 319 citizens to hold a referendum within 60 days of a proposed assessment. He advised that it comes 320 down to whether the citizens would like a say or not. 321 322 Commissioner Vacha advised that the charter does not prevent the City from maintaining the 323 roads. 324 325 Commissioner Lyden advised that it comes down to an issue of budget priority and stated that 326 roads have not been the priority for quite a while. 327 328 Commissioner Vacha advised that the Commission should not have spent the time and money if 329 they were not going to present their own amendment. 330 331 Commissioner Drennen advised that they need to move forward. He stated that the time and 332 money that they spent is gone and they should not proceed with something just because of that. 333 334 Commissioner Storberg advised that they could either put out their amendment, let the Council 335 put their amendment out or leave the charter as is. 336 337 Commissioner Trehus questioned if it might be better for the Commission to conduct their own 338 survery. He thought it would be logical to have a professional company conduct the survey to get 339 unbiased results. He suggested forming a subcommittee to ask for funding and also develop 340 questions for the survey. 341 342 Commissioner Zastrow advised that the Council spent about $30,000 on their survey. 343 344 Chair Duffy advised that it was a longer survery and stated that they could keep their survey 345 under ten questions. She advised that ballot language has to be worded clearly so that a simple 346 mark of yes or no would show. She advised that the complete amendment must by published 347 once a week for two weeks in the City prior to adding the question to the ballot. She stated that 348 she had spoken with someone from Anoka County election office and was advised that the City 349 would have to approve finalized ballott language. She advised that she is also going to check 350 with the Leauge of Minnesota Citieson ballot question language. She advised that the City 8 Charter Commission April 17, 2008 Page 9 DRAFT 351 cannot more forward with anything on this matter until they Charter Commission makes their 352 decision or exhausts their timeframes. 353 354 Commissioner Trehus advised that their attorney has offered to draft the ballot language for their 355 amendment and thought their might be a small chance that the City would approve the language 356 once submitted. 357 358 Commissioner Lyden thought that it might be easier to defeat the amendment from the Council 359 by not submitting anything. 360 361 Commissioner Drennen thought the best idea would be to put out their own amendment to take 362 votes away from the Council's. He advised that it neither amendment received enough votes, the 363 charter would remain the same. 364 365 Commissioner Gunderson advised that she spoke with a member of the Mounds View Charter 366 Commission who recently passed an amendment change. She thought it might be helpful to 367 research other cities that had recenly passed an amendment. She advised that it could show them 368 the format and language that had been used. 369 370 Commissioner Trehus advised that the League of Minnesota Cities might be the place to get that "\ 371 information and then request copies of the ballots for the next meeting. 372 373 Commissioner Bretoi thought it would be interesting to find multiple options and how things 374 were put on the ballot including the rules and tactics. 375 376 Commissioner Trehus thought that the Commission should be clear that this was not going to 377 backfire. He did not think that they had enough information tonight to determine that. He 378 thought that the idea of researching the ballots was a good idea. 379 380 Commissioner Bretoi questioned if it would not be a better idea to hold off on approving or 381 denying the amendment from the Council until they get their information. He advised that 382 obviously they do not like the amendment proposed from the Council and questioned what the 383 best strategy would be for the Commission at this point. 384 385 Commissioner Trehus advised that might be a good idea to investigate and not make the decision 386 tonight. 387 388 Commissioner Storberg advised that if they reject the amendment from the Council they are still 389 going to put it on the ballot and advised that their only option then would be to add their own 390 question or leave it. 391 392 Chair Duffy advised that if they reject the amendment tonight it would stop their clock. 393 Charter Commission April 17, 2008 Page 10 DRAFT 394 Commissioner Trehus advised that they do not have to let the Council know their intentions right 395 now. 396 397 398 MOTION by Commissioner Storberg, seconded by Commissioner Minar, to reject the City 399 Council's revised amendment. Split Vote, 3-9. Voting in Favor Storberg, Drennen and Minar. 400 Abstain: Williams. 401 402 Commissioner Carlson thought that they should take the full 90 days to make sure they have all 403 of their information. 404 405 Commissioner Minar advised that all conversations year after year are the same with this matter 406 and was getting frustrated with only speaking about this issue. 407 408 Commissioner Carlson explained that they would only have the one 90 day extension. 409 410 Commissioner Gunderson questioned if they should also be looking at the cost for the survey. 411 She explained that while she loved the idea she did not think it would be feasible with their 412 budget. 413 414 Commissioner Trehus advised that the Commission would need to determine if the funds for the 415 survey would come from the budget or if they would ask foradditional funding. 416 417 Commissioner Gunderson advised that with the current calander the Commission would not meet 418 again until July and suggested that they meet again in 30 days. 419 420 421 MOTION by Commissioner Gunderson, seconded by Commissioner Trehus, to hold the next 422 meeting for the Charter Commission at 6:30, on May 22, 2008. Abstain: Vacha. Motion carried 423 unanimously. 424 425 D. Attorney's Opinion 426 427 Chair Duffy advised that they had already discussed this during the meeting tonight. 428 429 E. Communication Plan 430 431 MOTION by Chair Duffy, seconded by Commissioner Bretoi, to table this issue until the next 432 meeting of the Charter Commission. Motion carried unanimously. 433 434 MOTION by Commissioner Trehus, seconded by Commissioner Lyden, to research the options 435 and cost of a citizen survey and bring back the information to the next Charter Commission 436 meeting. Opposed: Carlson and Minar. Motion carried. 437 10 Charter Commission April 17, 2008 Page 11 DRAFT 438 Commissioners Drennen, Lyden, Trehus and Dahl volunteered to serve on the subcommittee. 439 440 NEW BUSINESS 441 442 A. Review Charter Commission Amendment 443 444 Chair Duffy advised that they had already discussed this item during the meeting. 445 446 B. July meeting date, July 10, 2008 447 448 Commissioner Dahl advised that this meeting would be held on the second Thursday in July. 449 450 Chair Duffy stated that she would be in Alaska at that time. 451 452 The consensus of the Commission was to move that meeting date to July 17, 2008. 453 454 C. City Growth Amendment 455 456 Commissioner Trehus advised that he read in the Quad that Centerville had their timeline set to 457 have their comprehensive plan completed by the end of this year. He questioned if they should 458 have an amendment in the charter that would not allow the City to change their rate of growth 459 without the approval of the voters. He was concerned that the new comprehensive plan would 460 abliterate the language that everyone had worked so hard to get included. 461 462 Commissioner Zastrow did not think that the Commission should be involved with that issue. 463 He did not think that it was in their duties to dictate policy. 464 465 The consensus of the Commission was not to support the idea of a city growth amendment. 466 467 ADJOURN 468 469 MOTION by Commissioner Minar, seconded by Commissioner Zastrow, to adjourn the meeting 470 at 9:32 p.m. Motion carried unanimously. 471 472 473 Respectfully submitted, 474 475 Amanda Staple 476 TimeSaver Off Site Secretarial, Inc. 477 IMC 1 League f Minnesota Cities Cities promoting excellence J r 3/1- L k� a research memo for city officials 390e.1 Revised: September 1998 Charter and election data for Minnesota cities Revised by: William Makela, Research Specialist League of Minnesota Cities League of Minnesota Cities PART I FORM AND STRUCTURE OF THE MINNESOTA CITY CHAPTER 4: THE HOME RULE CHARTER CITY Distinction between home rule cities and statutory cities 3 II. The home rule charter 4 A. Advantages of a home rule charter 5 B. Disadvantages of a home rule charter 6 C. Essentials of a good home rule charter 6 D. Adopting and amending a home rule charter 7 E. The charter commission 7 1. Appointment of commission members 8 2. Vacancies 9 3. Functions of a charter commission 9 4. Drafting the charter 10 5. The charter election 11 a. The charter campaign 11 b. Form of ballot, required majority, certification 12 c. Filing copies of the charter 12 F. Amendments to the charter 13 1. The vote on an amendment 14 2. New or revised charter 15 G. Abandoning a home rule charter 15 III. General powers of a home rule charter. city 16 A. Broad grant of powers 16 1. Taxes 17 2. Finance 17 3. Utility regulation 17 4. Municipal utilities 18 HANDBOOK FOR MINNESOTA CITIES 4-1 This chapter last revised 12/14/2004 ,•••••-•., .•••••N 1\ League of Minnesota Cities Cities promoting excellence a research memo for city officials 390e.1 Revised: September 1998 Charter and election data for Minnesota cities Revised by: William Makela, Research Specialist League of Minnesota Cities League of Minnesota Cities The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. © 1998 League of Minnesota Cities Research Foundation An rights reserved Printed in the United States of America 1 lovas of Minimal* Citim J League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651) 281-1200 (800) 925-1122 Fax (651) 281-1299 TDD (651) 281-1290 www.lmnc.org Table of Contents I. Home rule charter cities 1 A. Abbreviations and definitions 1 B. Summary of forms of charter city government 1 C. Election data chart 2 II. Statutory cities 5 A. List of Plan B statutory cities 6 B. Statutory cities having elections in odd -numbered years 7 I. Home rule charter cities The Minnesota Legislature mandated that no later than January 1, 1998, all home rule charter cities (as well as statutory cities) must hold their elections in November of odd or even years. Annual elections and elections in other months of the year are no longer permitted. (Minn. Stat. 205.07.) In the table that begins on the next page, "E" refers to cities with even year elections, and "0" refers to cities with odd year elections. A. Abbreviations and definitions Titles Days SM -C Strong Mayor -Council M Monday M -C Mayor -Council T Tuesday (Including council administrator) C.Mgr Council -Manager Th Thursday a after d day or days bus business sec secular Cities are divided into four classes according to population: First Class: Over 100,000 Third Class: 10,001 - 20,000 Second Class: 20,001 - 100,000 Fourth Class: 10,000 or under B. Summary: Forms of charter city government Mayor -Council Cities 73 Strong Mayor -Council Cities 4 Council -Manager Cities 30 Total Number Home Rule Cities 107 Charter and election data for Minnesota cities 1 C. Election data chart Date of 1990 Present Form of City Pop. Class Charter Government Time of Election Officials Take Office Ada 1,708 4 1992* M -C T a 1st M Nov.(0) lst. bus d Jan. Albert Lea 18,310 3 1994* C. Mgr. T a 1st M Nov.(E) M a 1st T Jan. Alexandria 7,838 4 1959* M -C T a 1st M Nov.(E) Jan. 1 Anoka 17,192 3 1987* C. Mgr. T a 1st M Nov.(E) 1st M Jan. Arlington 1,886 4 1982* M -C T a 1st M Nov.(E) 1st M Jan. Austin 21,907 2 1923* M -C T a 1st M Nov.(E) 1st bus d Jan. Barnesville 2,066 4 1984* M -C T a 1st M Nov.(0) 2nd M Jan. Bemidji 11,245 3 1982* C. Mgr. T a 1st M Nov.(E) T a 1st M Jan. Benson 3,235 4 1965* C. Mgr. T a 1st M Nov.(0) 1st bus d Jan. Biwabik 1,097 4 1984* M -C T a 1st M Nov.(0) 1st bus d Jan. Blaine 38,975 2 1964 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Bloomington 86,335 2 1960 C. Mgr. T a 1st M Nov.(0) 1st bus d Jan. Blue Earth 3,745 4 1998* M -C T a 1st M Nov.(E) Jan. 1 Brainerd 12,353 3 1991* M -C T a 1st M Nov.(E) Jan. 1 Breckenridge 3,708 4 1972* M -C T a 1st M Nov.(0) M a 1st T Jan. Brooklyn Center 28,887 2 1966 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Brooklyn Park 56,381 2 1969 C. Mgr. T a 1st M Nov.(E) Jan. 1 Browerville 782 4 1954 M -C T a 1st M Nov.(E) 1st bus d Jan. Canby 1,826 4 1961 M -C T a 1st M Nov.(E) 1st bus d Jan. Cannon Falls 3,232 4 1992* M -C T a 1st M Nov.(E) Jan. 1 Chatfield 2,226 4 1991* M -C T a 1st M Nov.(E) M a 1st T Jan. Chisholm 5,290 4 1981* M -C T a 1st M Nov.(E) Jan. 1 Columbia Heights 18,910 3 1921 C. Mgr. T a 1st M Nov.(E) M a 1st T Jan. Coon Rapids 52,978 2 1959 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Corcoran 5,199 4 1995 M -C T a 1st M Nov.(E) 1st bus d Jan. Crookston 8,119 4 1961* M -C T a 1st M Nov.(0) 1st M Jan. Crystal 23,788 2 1989* C. Mgr. T a 1st M Nov.(E) 1st mtg. Jan. Dawson 1,626 4 1976* M -C T a 1st M Nov.(E) 1st T Jan. Detroit Lakes 6,635 4 1982* M -C T a 1st M Nov.(E) 1st M Jan. Duluth** 85,493 1 1912 SM -C T a 1st M Nov.(0) 1st M Jan. East Grand Forks 8,658 4 1975 M -C T a 1st M Nov.(0) T a 1st M Jan. Ely 3,968 4 1990* M -C T a 1st M Nov.(E) T a 1st M Jan. Eveleth 4,064 4 1994* M -C T a 1st M Nov.(E) T a 1st M Jan. Excelsior 2,367 4 1982 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Fairmont 11,265 3 1994* M -C T a 1st M Nov.(0) 1st mtg. Jan Faribault 17,085 3 1975* M -C T a 1st M Nov.(E) 1st bus d Jan. Fergus Falls 12,362 3 1992* M -C T a 1st M Nov.(E) 1st mtg. Jan. Fridley 28,335 2 1957 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Gaylord 1,935 4 1973* M -C T a 1st M Nov.(E) Jan. 1 Gilbert 1,934 4 1978* M -C T a 1st M Nov.(E) Jan. 1 Glencoe 4,648 4 1957* M -C T a 1st M Nov.(E) 1st mtg. Jan. 2 League of Minnesota Cities Date of 1990 Present Form of City Pop. Class Charter Government Time of Election Officials Take Office Glenwood 2,573 4 1988* M -C T a 1st M Nov.(E) M a 1st T Jan. Granite Falls 3,083 4 1987* C. Mgr. T a 1st M Nov.(E) lst M Dec. Ham Lake 8,924 4 1982 M -C T a 1st M Nov.(E) 1st mtg. Jan. Hastings 15,445 3 1973* M -C T a 1st M Nov.(E) 1st mtg Jan. Hopkins 16,534 3 1947 C. Mgr. T a 1st M Nov.(0) Jan. 1 Hutchinson*** 11,523 3 1987* M -C T a 1st M Nov.(0) 1st bus d Jan. International Falls 8,325 4 1988* M -C T a 1st M Nov.(E) Jan. 1 Jackson 3,559 4 1969* M -C T a 1st M Nov.(E) Jan. 1 Lake City 4,391 4 1974* M -C T a 1st M Nov.(E) 1st bus d Jan. Lake Crystal 2,084 4 1959* M -C T a 1st M Nov.(0) 1st bus d Jan. LeSueur 3,714 4 1971 M -C T a 1st M Nov.(E) 1st mtg. Jan. Lino Lakes 8,807 4 1982 M -C T a 1st M Nov.(0) 1st bus d Jan. Litchfield 6,041 4 1983* M -C T a 1st M Nov.(E) 1st sec d Jan. Little Falls 7,232 4 1974* M -C T a 1st M Nov.(E) 1st mtg. Jan. Luveme 4,382 4 1987* M -C T a 1st M Nov.(E) 1st mtg. Jan. Madison 1,951 4 1923 M -C T a 1st M Nov.(E) 1st mtg. Jan. Mankato 31,477 2 1952* C. Mgr. T a 1st M Nov.(E) Jan. 2 Marshall 12,023 3 1969 M -C T a 1st M Nov.(E) 1st mtg. Dec. Minneapolis 368,383 1 1920 M -C T a 1st M Nov.(0) 1st bus d Jan. " Minnetonka 48,370 2 1969 C. Mgr. T a 1st M Nov.(0) 1st bus d Jan. Minnetonka Beach 573 4 1922 M -C T a 1st M Nov.(E) 1st mtg. a election Montevideo 5,499 4 1969* C. Mgr. T a 1st M Nov.(E) M a 1st T Jan. Moorhead 32,295 2 1995* C. Mgr. T a 1st M Nov.(0) Jan. 1 Morris 5,613 4 1975* C. Mgr. T a 1st M Nov.(0) Jan. 1 Mounds View 12,541 3 1979 M -C T a 1st M Nov.(E) 1st bus d Jan. New Prague 3,569 4 1995* M -C T a 1st M Nov.(E) T a 1st M Jan. New Ulm 13,132 3 1966* C. Mgr. T a 1st M Nov.(E) Jan. 1 Northfield 14,684 3 1978* SM -C T a 1st M Nov.(E) lst bus d Jan. Ortonville 2,205 4 1989* M -C T a 1st M Nov.(0) M a 1st T. Jan. Owatonna 19,386 3 1957* M -C T a 1st M Nov.(0) Jan. 1 Pipestone 4,554 4 1978* M -C T a 1st M Nov.(E) 1st mtg. Jan Plymouth 50,889 2 1992 C -Mgr. T a 1st M Nov.(E) 1st bus d Jan. Ramsey 12,408 3 1984 M -C T a 1st M Nov.(E) 1st bus d Jan. Red Wing 15,134 3 1970* M -C T a 1st M Nov.(E) T a 1st M Jan. Redwood Falls 4,859 4 1974* M -C T a 1st M Nov.(E) 1st bus d Jan. Renville 1,315 4 1906 M -C T a 1st M Nov.(E) 1st bus d Jan. Richfield 35,710 2 1964 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. Robbinsdale 14,396 3 1938 C. Mgr. T a 1st M Nov.(E) 1st mtg. Jan. Rochester 70,745 2 1922* M -C T a 1st M Nov.(E) 1st mtg. Jan. Rushford 1,485 4 1927 M -C T a 1st M Nov.(0) Jan. 1 St. Charles 2,642 4 1974 M -C T a 1st M Nov.(E) 1st bus d Jan. St. Cloud 48,812 2 1952* SM -C T a 1st M Nov.(0) 2nd M Nov. St. Francis 2,538 4 1994* M -C T a 1st M Nov.(E) 1st mtg. Jan. Charter and election data for Minnesota cities 3 Date of 1990 Present Form of City Pop. Class Charter Government Time of Election Officials Take Office St. James 4,364 4 1951* M -C T a 1st M Nov.(E) Jan. 2 St. Louis Park 43,787 2 1954 C. Mgr. T a 1st M Nov.(0) 1st mtg. Jan. St. Paul 272,235 1 1970* SM -C T a 1st M Nov.(0) 1st bus d Jan. Sleepy Eye 3,694 4 1960* M -C T a 1st M Nov.(E) Jan. 1 South St. Paul 20,197 2 1905 M -C T a 1st M Nov.(E) 1st bus d Jan. Springfield 2,173 4 1987* M -C T a 1st M Nov.(E) Jan. 1 Staples 2,754 4 1976 M -C T a 1st M Nov.(0) 1st mtg. Jan. Stillwater 13,882 3 1987* M -C T a 1st M Nov.(E) 1st M Jan. Tower 502 4 1928* M -C T a 1st M Nov.(E) 10 d a election Tracy 2,059 4 1975* M -C T a 1st M Nov.(E) 1st mtg. Jan. Two Harbors 3,651 4 1983* M -C T a 1st M Nov.(E) Jan. 1 Virginia 9,410 4 1993* M -C T a 1st M Nov.(0) 1st bus d Jan. Wabasha 2,384 4 1987* M -C T a 1st M Nov.(E) 1st bus d Jan. Warren 1,813 4 1941* M -C T a 1st M Nov.(E) 1st M a election Waseca 8,385 4 1968* C. Mgr. T a 1st M Nov.(E) 1st mtg. Dec. Wayzata 3,806 4 1986* C. Mgr. T a 1st M Nov.(E) Jan. 1 West St. Paul 19,248 3 1962 C. Mgr. T a 1st M Nov.(E) 1st bus d Jan. White Bear Lake 24,704 2 1979* C. Mgr. T a 1st M Nov.(0) 1st bus d Jan. Willmar 17,531 3 1968* M -C T a 1st M Nov.(E) 1st M a 1st T Jan. Windom 4,283 4 1984* M -C T a 1st M Nov.(E) Jan. 2 Winona 25,399 2 1968 C. Mgr. T a 1st M Nov.(E) Jan. 1 Winthrop 1,279 4 1976 M -C T a 1st M Nov.(E) 1st mtg. Jan. Worthington 9,977 4 1957* M -C T a 1st M Nov.(E) 1st bus d Jan. (0) Odd year elections. (E) Even year elections. * Revised charter completely replaced earlier charter. ** Duluth remains a first class city although under 100,000 in population. See Minn. Stat. 410.01. * * * Hutchinson was the last city in Minnesota to have an official "commission" form of government. The city abandoned it in 1987. In 1989 two home rule cities, Sauk Centre and Jordan, abandoned their charters and became Plan A statutory cities. In 1998 the city of Isanti took similar action. To our knowledge, no other Minnesota city has ever abandoned its charter and reverted to statutory city status. 4 League of Minnesota Cities .--. II. Statutory cities There are 746 statutory cities in the state. The city code (Minn. Stat. Ch. 412) authorizes the adoption of any one of three alternative forms of government, designated as Optional Plan A, Optional Plan B, and the Standard Plan. Plan A is the accepted form of government for all statutory cities except those where voters had previously elected to remain on the Standard Plan and those with the Plan B form. Under Plan A, the council is composed of a mayor and four councilmembers. The clerk and treasurer are appointed. Under certain circumstances there can be more councilmembers. There are over 600 Plan A statutory cities in Minnesota. Plan B, currently used by 16 statutory cities, provides for the council-manager form of government. This option is available only to statutory cities having populations in excess of 1,000, after a referendum. The Standard Plan calls for an elected city clerk and treasurer. The clerk serves as a voting member of the council and takes the place of one councilmember. There are about 125 Standard Plan statutory cities in the state. The term "Standard Plan" is somewhat misleading, since most statutory cities automatically took on the Plan A form of government in the early 1970s. Cities wishing to retain the Standard Plan were required to hold an election in order to do so. In all statutory cities elective officers take office on the first business day in January. Charter and election data for Minnesota cities 5 A. List of Plan B statutory cities City 1990 Population Date Approved Burnsville 51,288 November 1966 Chanhassen 11,732 November 1976 Eden Prairie 39,311 September 1968 Edina 46,070 September 1954 Golden Valley 20,971 December 1959 Maplewood 30,954 November 1968 Milaca 2,182 November 1978 Mound 9,634 November 1949 New Brighton 22,207 November 1963 New Hope 21,853 November 1966 North St. Paul 12,376 June 1951 Perham 2,075 November 1969 Prior Lake 11,482 November 1975 Roseville 33,485 September 1964 St. Anthony 7,727 November 1963 (Hennepin -Ramsey Counties) Shoreview 24,587 November 1974 Excelsior and Plymouth, both former Plan B statutory cities, adopted home rule charters in 1982 and 1992, respectively. 6 League of Minnesota Cities r.. B. Statutory cities having November elections in odd -numbered years* (Not an exhaustive list) Aurora Herman Mora South Haven Boy River Holt Nashwauk Spring Hill Calumet Independence New Brighton Taconite Cambridge Jeffers New Market Tenstrike Circle Pines Kiester Norcross Thief River Falls Cohasset La Prairie Osseo Waite Park Darwin Lakeville Park Rapids Deephaven Lastrup Prior Lake Dilworth Lauderdale Roseville Doran Lexington St. Anthony (Hennepin -Ramsey Cty.) Falcon Heights Lilydale St. Hilaire r..• Golden Valley Lonsdale St. Paul Park Grand Rapids Mahtomedi St. Peter Hendrum Maplewood Savage Henning Marble Shakopee *The approximately 700 statutory cities not on this list have their elections in November of even years. Because of their large number, their names are not printed here. Any statutory city that holds annual elections or elections at a time other than in November is not complying with state law. Beginning in 1999, Eagan will be on an odd year election schedule. Charter and election data for Minnesota cities 7 Memorandum To: Lino Lakes Charter Commissioners From: Julie Bartell, City Clerk Date: -April 25, 200 Re: City Goals, Objectives and Management Action Plan Chair Cori Duffy asked that all charter commissioners receive a copy of the enclosed City of Lino Lakes Goals, Objectives, Management Actions Plan, 2008-2009. City of Lino Lakes Goals, Objectives, Management Action Plan: 2008-2009 1 Goal: Complete Town Center a. Specific Performance Objectives to be completed during 2008 (1) Objective: Complete a Comprehensive Risk Assessment and Definition of Potential Options available to the City for dealing with emerging issues and conditions affecting the project (Second Quarter 2008) a. Key Action Steps: i. Review development and revenue schedules reflective of current market assumptions ii. Identify interim financing needs/options and sources, and risk capacity tolerance iii. Council consensus on follow-up actions b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Springsted Inc. Kennedy & Graven c. Funding Source: General Fund — CD Budget (2) Objective: Determine council's options and provide specific guidelines to city staff on the direction council wishes to pursue in terms of following events, managing the City's investment in Town Center, and handling potential requests for changes to the City's vision and approved plans for this project (Second Quarter 2008) a. Key Action Steps: i. Determine whether to make any changes to existing plans and development strategies for the Town Center ii. Staff will keep Council informed of all potential development opportunities and work with development interests consistent with the Council's vision and direction for the Town Center iii. Staff will monitor and report on regional mixed-use market trends affecting the Town Center development b. Lead Parties: Community Development Staff Finance Department Staff 1 Key Contributors: Springsted Inc. Kennedy & Graven Development sector (bankers, brokers, developers) c. Funding Source: General Fund — CD Budget b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to monitor and respond to events and requests pertaining to the Town Center project consistent with the direction and guidelines established by council (Ongoing) a. Key Action Steps: i. Staff will keep Council informed of all potential development opportunities ii. Staff will monitor and report on regional mixed-use market trends affecting the Town Center development b. Lead Parties: Community Development Staff Key Contributors: Springsted Inc. Development Sector (bankers, brokers, developers) c. Funding Source: General Fund - CD Budget 2. Goal: Plan for and implement needed local and regional transportation improvements a. Specific Performance Objectives to be completed during 2008 (1) Objective: Identify funding and financial package for 35E/Main Street interchange reconstruction (Third Quarter 2008) a. Key Action Steps: i. Identify public and private funding sources, prepare funding and financing plan b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Anoka County Springsted Inc. Kennedy & Graven I-35W/E Coalition c. Funding Source: General Fund - CD budget 2 (2) Objective: Continue to collaborate with Anoka County and I-35W/E Coalition to plan for northerly by-pass (Ongoing) a. Key Action Steps: i. Assist in planning and support funding requests b. Lead Parties: Community Development staff Anoka County Key Contributors: I-35W/E Coalition c. Funding Source: General Fund - CD (Staff Time) (3) Objective: Initiate Birch Street Access Management Plan (Second Quarter 2008) a. Key Action Steps: i. Assist County in retaining consultant services to prepare access management plan ii. Begin planning process b. Lead Parties: Community Development staff Key Contributors: Anoka County, Planning & Zoning Board c. Funding Source: Anoka County, General Fund — CD Budget b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to identify and pursue funding/financial package for 35E/Main Street Interchange reconstruction (Fourth Quarter 2009) a. Key Action Steps: i. Finalize funding and financing plan ii. Council to approve and implement project financing b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Anoka County Springsted Inc. Kennedy & Graven I-35W/E Coalition c. Funding Source: General Fund — CD Budget (2) Objective: Continue to collaborate with Anoka County and I-35W/E Coalition to plan for northerly by-pass (Ongoing) a. Key Action Steps: i. Assist in preparing and support funding requests 3 (3) b. Lead Parties: Community Development Staff Anoka County Key Contributors: I-35W/E Coalition c. Funding Source: General Fund — CD Budget (Staff Time) Objective: Complete Birch Street Access Management Plan (Third Quarter 2009) a. Key Action Steps: i. Complete access management plan ii. Approval by City Council and Anoka County b. Lead Parties: Community Development staff Key Contributors: Anoka County, Planning & Zoning Board c. Funding Source: Anoka County, General Fund — CD Budget (4) Objective: Implement Pavement Management Program by initiating street reconstruction project (Ongoing) a. Key Action Steps: i. Identify priority street reconstruction project ii. Prepare feasibility study iii. Carry out public review and project approval process as set forth by the charter b. Lead Parties: Community Development Department Key Contributors: TKDA c. Funding Source: General Fund — CD Budget / Engineering (5) Objective: Develop plan and identify funding for Lake Drive/Main Street intersection (Ongoing) a. Key Action Steps: i. Coordinate planning activities with Anoka County ii. Identify potential funding sources, develop a financing plan b. Lead Parties: Community Development, Finance Staff Key Contributors: Anoka County Springsted Inc. Kennedy & Graven c. Funding Source: General Fund — CD Budget 4 3. Goal: Review and update the City Charter so that it reflects '--, and facilitates current and future needs of the city a. Specific Performance Objectives to be completed during 2008 (1) Objective: Pursue the Citizen's Task Force recommendation to amending the City Charter and put the issue on the ballot for the November 2008 election (Ongoing, Complete Fourth Quarter 2008) a. Key Action Steps: i. Prepare and approve first reading of ordinance to amend the charter ii. Submit to Charter Commission for review iii. Receive and consider review comments of Charter Commission iv. Adopt ordinance to amend the charter, approve question for placement on November ballot b. Lead Parties: Administration Department Key Contributors: City Attorney c. Funding Source: General Fund — Administration (2) Objective: Initiate a city -sponsored public information effort pertaining to the charter amendment ballot issue (Second Quarter 2008) a. Key Action Steps: i. Develop a public information plan, including media resources, schedule, and budget ii. Council approval and implementation of public information program b. Lead Parties: Administration Department Key Contributors: Citizens' Task Force c. Funding Source: General Fund - Contingency 4. Goal: Review and update the city's recreation projects and priorities a. Specific Performance Objectives to be completed during 2008 (1) Objective: Review Park Dedication Ordinance (Second Quarter 2008) a. Key Action Steps: 5 i. Proposed ordinance amendments will be prepared and presented to Council for approval b. Lead Parties: Public Services Department Key Contributors: Community Development Department Attorney c. Funding Source: General Fund — Parks Budget (2) Objective: City may seek to identify resources in the forthcoming budget that could be set aside to begin a fund for eventual construction of the Recreation Complex (Third quarter 2008) a. Key Action Steps: i. Staff will include topic in 2009 annual budget preparation discussion for Council consideration b. Lead Parties: Public Services Department Finance Department (3) Key Contributors: c. Funding Source: General Fund — Public Services Objective: Complete Pheasant Hills Park Bridge project (Third Quarter 2008) a. Key Action Steps: i. Prepare plans and specifications ii. Advertise and award bid iii. Oversee construction b. Lead Parties: Public Services Department Key Contributors: TKDA c. Funding Source: Dedicated Park Fund (4) Objective: Support trail connectivity/ interconnectivity with Anoka County (Ongoing) a. Key Action Steps: i. Continue quarterly meetings with Anoka County Parks staff to coordinate trail efforts ii. Provide support for state funding of Rice Creek North Regional Trail b. Lead Parties: Public Services Department Key Contributors: Anoka County 6 c. Funding Source: General Fund — Parks Budget (Staff Time) b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to review the potential development of a Recreation Complex, particularly as financial conditions improve (Ongoing) a. Key Action Steps: i. Discuss objective with Park Board when financial conditions improve, assess public support and financial feasibility ii. Provide recommendation to Council b. Lead Parties: Public Services Department Key Contributors: Park Board c. Funding Source: General Fund — Parks Budget 5. Goal: Diversify, expand, and enhance the city's tax base a. Specific Performance Objectives to be completed during 2008 (1) Objective: Based upon the outcomes presented in the approved updated Comprehensive Plan, develop specific city council guidance for economic development in support of the Comprehensive Plan; i.e., what does the city council want to achieve with regards to economic development, how does it propose that the city proceed and who should be involved? (This guidance should define the parameters in which staff is to operate in response to economic development opportunities/inquiries brought forth by developers and businesses) (Fourth Quarter 2008) a. Key Action Steps: 1. Prepare, approve, and carry out an economic development strategy as an implementation action of the Comprehensive Plan. b. Lead Parties: Community Development Staff Key Contributors: Key guidance provided by City Council at a work session(s) to be scheduled, with possible assistance of: Comprehensive Plan Advisory Panel Planning and Zoning Board Economic Development Advisory Board Economic Development Consultants Development Sector c. Funding Source: General Fund — CD Budget / Economic Development Budget 7 (2) Objective: Based upon the outcome of Objective 1, determine the role city council wishes for the Economic Development Advisory Commission (EDAC) (Fourth Quarter 2008) a. Key Action Steps: i. Meet jointly with EDAC to clearly define council's economic development objectives and EDAC's role in meeting those objectives ii. Establish a communication procedure so EDAC can better understand the correlation between EDAC recommendations and council's economic development decisions b. Lead Parties: Community Development Staff Key Contributors: Key guidance provided by City Council at a work session(s) to be scheduled, EDAC. c. Funding Source: General Fund — CD and Economic Development (Staff Time) b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue with developing city council guidance on the Economic Development Plan that will be established in support of the adopted Comprehensive Plan (Ongoing) a. Key Action Steps: i. Complete any work remaining from 2008, prepare any needed refinements or updates to economic development strategy ii. Re-evaluate EDAC 5 -year plan to determine if it remains relevant to current Comp Plan and Council's economic development goals iii. Provide input into EDAC development of its 1 -year action plan iv. Adopt EDAC's economic development plans b. Lead Parties: Community Development Staff Key Contributors: Key guidance provided by City Council, with possible assistance of Economic Development Advisory Board, Economic Development Consultants, Developers c. Funding Source: General fund — CD Budget, Contingency 6. Goal: Establish an appropriate revenue generation and allocation policy for the city a. Specific Performance Objectives to be completed during 2008 (1) Objective: Start preparation and data generation pertaining to establishing a storm water utility (SWU) (Fourth Quarter 2008) a. Key Action Steps: i. Review/revise original SWU study ii. Present draft SWU proposal to City Council b. Lead party: Finance Department Staff Key Contributors: SEH Springsted, Inc. Public Services c. Funding Sources: Surface Water Management Fund (2) Objective: Review financing policies pertaining to infrastructure improvements, especially when deferrals of assessments occur (Third and Fourth Quarter 2008) a. Key Action Steps: i. Review current policy with City Council ii. If determined that change is needed, formulate/adopt new infrastructure financing (special assessment/deferral) policy iii. Acquire/review sample policies from other cities iv. Formulate draft policy; review with City Council v. Hold public hearing/approve policy (3) b. Lead party: Key Contributors: Finance Department Staff City Council Community Development Springsted Inc. Public Services c. Funding Sources: General Fund/Area & Unit Fund Objective: Complete the utility rate study and present recommendations to city council for review and approval (Second and Third Quarter 2008) a. Key Action Steps: i. Review utility rate study results and proposals with City Council 9 ii. Prepare public information materials iii. Hold public hearing on proposed rate structures iv. Implement new utility rate structures in 2009 b. Lead party: Finance Department Staff Key Contributors: City Council Springsted, Inc. Public Services c. Funding Sources: Water/Sewer Funds (4) Objective: Establish council policy on franchise fees for utility providers (Second Quarter 2008) a. Key Action Steps: i. Review existing utility franchise agreements, identify actions needed to institute franchise fees ii. Council decision on instituting franchise fees iii. If franchise fees are to be extended to additional utilities, agreement amendments and ordinances will be prepared and approved b. Lead Parties: Administration Department Key Contributors: Finance Department c. Funding Source: General Fund — Administration; Finance (Staff Time) b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Proceed with preparing specific recommendations to city council for action pertaining to establishing a storm water utility (Ongoing, completion by Fourth Quarter 2009) a. Key Action Steps: i. Create public information program, materials/mailings ii. Hold public information meetings, receive public input iii. Hold public hearing, approve SWU iv. Implement utility beginning in 2010 b. Lead party: Key Contributors: Finance/Community Development Staff SEH, Inc. Public Services Department Environmental Board c. Funding Sources: Stormwater Management Fund / Development Related Fees �. 10 (2) Objective: Continue to determine and implement city's policies on extending services into developments (Ongoing 2009) a. Key Action Steps: i. Develop policies to guide when water and sewer services will be extended into areas of existing development, based on water and sewer plans and policies included in the updated comprehensive plan, and street reconstruction plans ii. Determine appropriate policies relating to the financing of services extended to existing development b. Lead party: Community Development and Finance Staff Key Contributors: c. Funding Sources: General Fund — CD, Finance (Staff Time) 7. Goal: Maintain safe neighborhoods and community areas a. Specific Performance Objectives to be completed during 2008 (1) Objective: Adopt 800 Megahertz Public Safety Radio System ordinance (Fourth Quarter 2008) a. Key Action Steps: i. Finalize proposed Ordinance ii. Approval of proposed ordinance by Joint Law Enforcement Council for adoption by local governments iii. Adoption by City Council b. Lead Parties: Police Department Staff Key Contributors: Community Development Staff Joint Law Enforcement Council City/County Attorney County Board c. Funding Source: General Fund — Police Department Budget (2) Objective: Adopt security plan for City Hall functions for the protection of city officials and public (Third Quarter 2008) a. Key Action Steps: i. Perform needs analysis ii. Draft security plan 11 (3) iii. Council approval and implementation of security measures b. Lead Parties: Police Department Key Contributors: City Staff City Council c. Funding Source: General Fund — Police Dept. budget Objective: Conduct functional exercise involving an active threat in the Middle School as part of ongoing exercises of the City's Emergency Management Plan (Ongoing 2008) a. Key Action Steps: i. Update Emergency Management Plan ii. Conduct Drills, table top exercise, and functional exercise b. Lead Parties: Police Department Staff Key Contributors: Centennial School District Staff Centennial Fire District City Staff c. Funding Source: State of Minnesota Homeland Security Emergency Management Grant General Fund — Police Dept. budget 8. Goal: Address projected housing needs for the City of Lino Lakes a. Specific Performance Objectives to be completed during 2009 (1) Objective: Identify housing issues and assess the need for city to take actions to address housing needs within Lino Lakes (Ongoing 2009) a. Key Action Steps: i. Review the housing component of the adopted comprehensive plan for the purpose of identifying needed additional actions to be taken to address housing needs within Lino Lakes. b. Lead Parties: Community Development Department Key Contributors: c. Funding Source: General Fund — CD Budget (Staff Time) 12 9 . Goal: Complete the updating of the city code a. Specific Performance Objectives to be completed during 2008 (1) Objective: Complete re -codification and update of the City Code (Ongoing, completion Fourth Quarter 2008) a. Key Action Steps: i. Complete review of existing code ii. Prepare updated code iii. Present proposed code to Council iv. American Legal prepares final draft code v. Conduct hearing and adopt new code b. Lead Parties: Administration Staff Key Contributors: All city departments City Attorney League of Minnesota Cities c. Funding Source: General Fund - Administration b. Specific Performance Objectives for Calendar Year 2009 (2) Objective: Provide for public and staff access to current code on city web site (First Quarter 2009) a. Key Action Steps: i. Develop system to provide for constant updating of code ii. Maintain current city code on American Legal's server iii. Provide link on city web site to City Code b. Lead Parties: Administration Staff Key Contributors: All city departments American Legal c. Funding Source: General Fund - Administration 10. Goal: Complete the Comprehensive Plan Update a. Specific Performance Objectives to be completed during 2008 (1) Objective: Achieve completion and approval of the updated Comprehensive Plan (Ongoing, approval Fourth Quarter) a. Key Action Steps: i. Completion of Comprehensive Plan by Advisory Panel and Planning and Zoning Board 13 b. ii. Public informational meetings and public hearing conducted by Planning and Zoning Board iii. City Council approval for distribution to other jurisdictions iv. City Council approval for submission to Metropolitan Council Lead Parties: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel Planning and Zoning Board c. Funding Source: General Fund — Planning Budget b. Specific Performance Objectives to be completed in 2009 (2) Objective: Complete development/revision of official controls and policies necessary to implement the approved Comprehensive Plan (Ongoing 2009) a. Key Action Steps: i. Retain Consultant Services ii. Prepare Updated Code b. Lead Parties: Key Contributors: c. Funding Source: Community Development Staff Planning and Zoning Board Consultant Services General Fund — Planning Budget 14 Memorandum To: Charter Commissioners Gunderson and Bretoi From: Julie Bartell, City Clerk Date: April 21, 2008 Re: Information on charter commissions Vice Chair Caroline Dahl asked that I provide to you the enclosed additional information prepared by the League of Minnesota Cities relative to charter cities and charter commissions. ✓'\ '"\ Research Service: Charter Assistance Program 6r at Page 1 of 2 HEN Research & Analysis Home Research & Information Service --Handbook for Minnesota Cities --Information Memos --Charter Assistance Program --Join the Conversation r-ok\ --Ask a Question Policy Analysis & Data Staff Directory h-EA1 t H f N A LYS I S d`.11'HER Et" Charter Assistance Program Due to the nature of their charter form of government, home rule charter cities may often have unique issues and questions that vary from those of statutory cities. For this reason, the League provides viewpoint -neutral information and analysis on charter issues to assist charter cities. In addition, the Charter Assistance Program provides guidance to cities that may be considering adopting the home rule form of government. Minnesota currently has 107 home rule charter cities. State laws give these cities a high degree of discretion in the contents of a charter, as long as charter provisions do not conflict with state or federal law. Home rule charters are, in effect, local constitutions. Charter commissions, or cities considering adopting a charter form of government, can benefit through the following LMC Charter Assistance Program resources: Charter -related materials: • Sample and model charters • Sample ordinances • Background information on charters, and surveys General advice on charter cities: • General powers of a home rule charter city • Advantages and disadvantages of a home rule charter • Essentials of a good home rule charter • Adopting and amending a home rule charter • Functions of a charter commission Examination and commentary on an existing charter, charter draft, or amendment. Presentations on various forms of government, charter drafting procedures, and major policy problems. For more information or to request services: E-mail the League's Research Service at: Research';lrnc.org. Handbook for Minnesota Cities 1 Information Memos Charter Assistance Program Join the Conversation 1 Ask a Question http://www.lmnc.org/ResearchAnalysis/CharterAssistance.cfm 4/18/2008 Research Service: Charter Assistance Program Page 2 of 2 City Tools ( Legislative Advocacy 1 Research & Analysis LMCIT 1 HR & Benefits 1 Library 1 Training & Conferences Other Services Home 1 Site Features & Tips 1 Web Site Policy 1 Site Search LMC Staff 1 What We Do 1 Press Room Sponsorship & Advertising Opportunities 1 Cities Vendor Guide Other Links ( Listsery Sign Up Copyright ©2008 League of Minnesota Cities 145 University Ave. West, St. Paul, MN 55103 Phone:651-281-1200 I Toll Free: 1-800-925-1122 Fax: 651-281-1299 I TDD: 651-281-1290 LMCIT Fax: 651-281-1298 I ClaimsFax: 651-281-1297 ,Clap to the League Office Site Disclaimer Comments about the Site' Contact the Webmaster This site is secure using Verisign r1 http://www.lmnc.org/ResearchAnalysis/CharterAssistance.cfm 4/18/2008 PART I FORM AND STRUCTURE OF THE MINNESOTA CITY CHAPTER 4: THE HOME RULE CHARTER CITY Distinction between home rule cities and statutory cities 3 II. The home rule charter 4 A. Advantages of a home rule charter 5 B. Disadvantages of a home rule charter 5 C. Essentials of a good home rule charter 6 D. Adopting and amending a home rule charter 7 E. The charter commission 7 1. Appointment of commission members 7 2. Vacancies 8 3. Functions of a charter commission 9 4. Drafting the charter 9 5. The charter election 10 a. The charter campaign 11 b. Form of ballot, required majority, certification 12 c. Filing copies of the charter 12 F. Amendments to the charter 13 1. The vote on an amendment 14 2. New or revised charter 15 G. Abandoning a home rule charter 15 III. General powers of a home rule charter city 15 A. Broad grant of powers 16 1. Taxes 16 2. Finance 17 3. Utility regulation 17 4. Municipal utilities 17 5. Ordinance procedure 17 a. Initiative and Referendum 18 6. Personnel 18 7. Contracts 18 8. Tort liability 18 9. Special assessments 19 10. Real estate 19 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 7/25/2007 4:1 11. Elections 19 a. Recall 20 12. Accounting 20 13. Regulation and licensing of activities 20 14. Removal of council members by the council 20 B. Delegation of powers 21 IV. Conflict between state laws and home rule charters 21 A. General rule 21 B. Identifying a conflict 21 C. Resolving conflicts 22 V. How charter cities should use the LMC Handbook 22 4:2 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 7/25/2007 Minn. Const. art. XII, § 4. Minn. Stat. §§ 410.04- 410.33. Minn. Stat. § 410.33. Minn. Stat. ch. 412. Chapter 4 The home rule charter city Minnesota's two basic types of cities are home rule charter cities (operating under a local charter) and statutory cities (operating under the statutory city code). This chapter will examine the organization and general powers of the home rule charter city. The following topics will be discussed: I. Distinction between home rule cities and statutory cities II. The home rule charter III. General powers of a home rule charter city W. Conflict between state laws and home rule charters V. How charter cities should use the Handbook I. Distinction between home rule cities and statutory cities The major difference between home rule cities and statutory cities in Minnesota is the kind of enabling legislation from which they gain their authority. Statutory cities derive their powers from Chapter 412 of Minnesota Statutes. Home rule cities obtain their powers from a home rule charter. The distinction between home rule cities and statutory cities is one of organization and powers, and is not based on differences in population, size, location or any other physical feature. The Minnesota Constitution permits the Legislature to establish home rule charter cities, counties, and other units of local government. State law enacted under this constitutional authority authorizes cities to adopt home rule charters. Home rule charter cities can exercise any powers in their locally adopted charters as long as they do not conflict with state laws. Conversely, charter provisions can specifically restrict the powers of a city. Consequently, voters in home rule cities have more control over their city's powers. State law provides that if a charter is silent on a matter that is addressed for statutory cities by Chapter 412 or other general law, and general law does not prohibit the city charter from addressing the matter or expressly provide that a city charter prevails over general law on the matter, then the home rule charter city can apply the general law on the matter. Minn. Stat. § 410.16. See Handbook Chapter 1. See also League research memo Charter and Election Data for Minnesota Cities (390c.1). CHAPTER 4 Charters, therefore, are of interest to statutory cities when they encounter special problems that cannot be solved under general city laws. If a statutory city finds itself in such a situation, it can either request the Legislature to change the city code or adopt a special law applying to that specific city, or it can become a home rule city with a home rule charter that specifies its powers. The voters must approve the charter in a local election. II. The home rule charter Home rule charters are, in effect, local constitutions. State laws give cities a wide range of discretion in the contents of a charter when one is adopted. The charter may provide for any form of municipal government, as long as it is consistent with state laws that apply uniformly to all cities in Minnesota. The four forms of government home rule charter cities in Minnesota have used are: weak mayor -council, strong mayor -council, council-manager, and commission. The weak mayor -council plan is the most predominant This form is used by 73 of the 107 home rule charter cities. Under this plan, administrative and legislative authority is the council's ultimate responsibility. The powers of the mayor are generally no greater than those of any other member of the council. No individual councilmember holds any specific administrative powers. The strong mayor -council plan is not very common in Minnesota. This plan is used by only four home rule charter cities. Under this plan, the mayor is responsible to the council for the operation of all administrative agencies. Under the usual strong mayor -council plan, the mayor can generally appoint and remove subordinates, is not a councilmember but can veto council legislation, and prepares and administers a budget that is subject to council approval. The chief function of the council is to legislate and set policies. A charter can alter any of these features. Thirty of the home rule cities in Minnesota have a council-manager form of government. Under this form, the council has policy-making and legislative authority, but administration of the government is the responsibility of a manager who answers directly to the council. Here again, the home rule charter can change this plan. The commission form of organization has never been very popular. Over the years, only a few home rule cities have followed this form. Today, no home rule city in Minnesota uses the commission form; no statutory city has ever used it. In a commission city, each elected councilmember is responsible for a particular administrative department. So, in addition to having duties as a legislative official, the councilmember is also a department head. The charter can also alter this form. 4-4 HANDBOOK FOR MINNESOTA CTTIES See League research memo A Model Charter for Minnesota Cities (100a.5). Any city may adopt a home rule charter. Of the 853 cities in the state, 107 now operate under a voter -approved home rule charter. A. Advantages of a home rule charter The home rule charter form of city government has advantages as well as disadvantages. Briefly, the advantages of home rule include the following: • Every home rule charter city may have the form of government and the range of local powers and functions desired by city residents. Residents of the city draft the charter locally. The electors of the city adopt it. Changes that are needed in the local government can occur locally instead of waiting to propose a new law when the Legislature is in session. • The entire home rule process educates the voters of the city. Some voters work on charter commissions. All voters must learn about the charter and amendments since they usually may vote on proposed changes. • A city charter may cover many functions and procedures, or it may be as simple as the statutory city form of government. Subject to state law, a home rule city, unlike a statutory city, has the power to make changes to fit its own needs by amending its charter. If state law is silent on a subject, local citizens may assume powers for their city by including those powers in their charter. Likewise, citizens may include limitations that are more stringent than those in the general state laws. For example, several home rule charters contain tax and debt limitations. • The cost of government under a city charter need not be greater or less than the cost of the statutory city form of government. • A charter may provide for initiative and referendum, recall, and election of council members by wards. B. Disadvantages of a home rule charter Disadvantages of home rule charters may include the following: • The experiences of other cities concerning the application of a charter or of the statutory city law are of little direct help to the home rule charter city. For example, the Supreme Court or the attorney general can give a ruling concerning a statutory city that, in most instances, will be equally applicable to all other statutory cities in the state. Rulings affecting a home rule charter usually concern only those cities that have very similar charter provisions. • Poor local drafting of the charter may be a problem. A city can minimize this potential difficulty by using model charters and relying on competent professional advice. CHAPTER 4 • Anyone looking for the applicable law relating to a home rule charter city must consult not only the statutes, but also the particular home rule charter. Only a few collections of home rule charters exist. When seeking advice, an up-to- date copy of a city charter is of utmost importance to ensure the advice is accurate. • The cost of preparing a home rule charter should be relatively minor. The smaller the community, the larger the cost in proportion to population. • The process for amending a charter is often time-consuming and cumbersome, and the procedure for abandoning a charter may also be complicated. • Charter amendments can be difficult to pass, especially when they are controversial. Sometimes supporters or opponents of the proposal, in order to bypass local opposition or to avoid dividing the community, go to the Legislature for a solution. This action tends to defeat the original purpose of adopting a charter. C. Essentials of a good home rule charter Because of the difficulty in amending and abandoning a home rule charter, the charter should deal with fundamentals and give the city council the authority to provide more detailed regulations through ordinance. Simplicity and brevity are essential to a good charter. A charter should be brief enough to be read in a reasonable amount of time. Provisions should be simple and clear in order to avoid the possibility of more than one interpretation. Another essential element of a good charter is a comprehensive grant of power to the city in general terms. Because cities are organized to promote the welfare of the people, and people are in control of their affairs in a charter city through their elected representatives and charter commission members, citizens should not be afraid of entrusting city government with a wide range of powers. If citizens feel it necessary, the charter can include initiative, referendum, and possibly recall provisions as additional checks to prevent the abuse of power. A good city charter provides for a workable, responsive organization of the city government. It is simple so that all citizens and officials understand it. Its design eliminates red tape and makes city government more effective by reducing the number of working parts. It encourages and rewards expertise and efficiency in the administration of the city. 4-6 HANDBOOK FOR MINNESOTA CITIES See League research memo A Model Charter for Minnesota Cities (100a.5). See League website for further information on the Charter Assistance Service Minn. Stat. § 410.05, subd. 1. Minn. Stat. § 410.05, subd. 1. A city should have only a few elective offices so voters will be able to intelligently cast their ballots. The charter should never ask voters to elect non - policy -making administrative officers. The city should have only a single body elected by voters to legislate and determine policies for the city. This single legislative body, the city council, should be composed of between five and nine members. Council members should hold office for fairly long terms, up to four years, in order to gain experience. State law mandates that most council terms be four years, although a two-year mayoral term is allowed. If possible, the city should centralize responsibility for administration in one person: a chief administrative officer. All advisory boards should report directly to the city council. D. Adopting and amending a home rule charter One of the principle virtues of the home rule charter is that it allows each city to tailor its charter to its own individual needs and desires. Cities are encouraged to contact the League of Minnesota Cities Charter Assistance Program for model and sample charters, research memos, and advice that will assist in drafting, amending or adopting a charter. E. The charter commission There are three ways to appoint a charter commission: • First, the district court, acting through the chief judge of the district in which the city lies, may appoint a charter commission. The court will probably not do this, however, until city residents or local civic organizations express some interest in the matter. • Second, the court must make the appointment if it receives a petition signed by voters who constitute at least 10 percent of the number of voters who voted at the last city election. Smaller cities may find it easier to get the necessary number of signatures. • Third, the council of any city may, by resolution, request the appointment of a charter commission. This action would require the district court to appoint commission members. 1. Appointment of commission members The district court usually makes charter commission appointments. The only statutory qualification for members of charter commissions is that they be qualified voters of the city. Commission members may hold some other public office or employment except for a judicial office. City council members may serve on charter commissions. However, the city's charter may provide that members of the governing body cannot serve on the charter commission. Charter commission members may serve unlimited successive terms. Minn. Stat. § 410.05, subd. 3. Minn. Stat. § 410.05, subd. Minn. Stat. § 410.05, subd. 1. Minn. Stat. § 410.05, subd. 2. Minn. Stat. § 410.05, subd. 2. CHAPTER 4 Having determined to make the appointments or having been directed by petition or council resolution to do so, the court listens to information from interested citizens concerning appointments. A city council, the petitioners requesting appointment of a commission or, in the case of new appointments to an existing commission, the charter commission itself, may suggest names of eligible nominees to the district court for consideration. The court, acting through the chief judge, makes the charter commission appointments by filing an order with the district court clerk. Appointments are for staggered or overlapping terms. Of the initial appointments, half the members plus one serve two-year terms, and the other half serve four-year terms. Thereafter, the chief judge appoints new members every two years and fills vacancies as they occur. After the chief judge makes the appointments, the district court clerk notifies the appointees, who have 30 days to file their written acceptances and oaths of office with the district court clerk. Charter commissions can have between seven and 15 members. The court determines the size, unless a petition of the voters or resolution of the city council specifies the size of the commission. Any city having a home rule charter may amend the charter to fix the size of the commission to be between seven and 15 members. Once appointed, a charter commission becomes a permanent body. Its membership changes from time to time, but the commission goes on indefinitely. Failure of the body to meet or to function does not end its existence. When a vacancy occurs, the chief judge has 30 days to make an appointment. If the judge fails to make an appointment, the governing body of the city may appoint the new members, unless the chief judge indicates in writing to the governing body within the 30 -day period of his or her intention to make the appointments. In this case, the judge has an additional 60 days to make the appointment. 2. Vacancies The commission may experience vacancies in various ways, as by death, inability to perform duties, resignation (including failure to file the acceptance and oath of office) or removal from the corporate limits of the city. The district court may remove members from the commission at any time by written order. The order must show the reason for removal. If any member fails to perform the prescribed duties and fails to attend four consecutive meetings of the commission without satisfactory explanation, a majority of the members may sign a request for the member's removal and the court must order the removal. The chief judge fills all vacancies by appointment for the unexpired term. The commission should always contain its full complement of members. 4-8 HANDBOOK FOR MINNESOTA CITIES Minn. Stat. § 410 05, subd. 5. Minn. Stat. § 410.05. subd. 4. Minn. Stat. § 410.12, subd. 1. Minn. Stat. § 410.12, subd. 1. Minn. Stat. § 410.05. subd. 1. Minn. Stat. § 410.07. Minn. Stat. § 410.06. 3. Functions of a charter commission Unless the charter commission of a statutory city determines that a home rule charter is not necessary or desirable and discharges itself by a vote of three- fourths of its members, the city is never legally without a charter commission. The commission's function is to continue to study the local charter and government. The commission is required by law to meet at least once each calendar year. In addition, the commission must meet upon presentation of a petition signed by at least 10 percent of registered voters, according to the last annual city election, or by resolution of a majority of the city council. Further, the commission must specifically convene to propose charter amendments upon presentation of a petition of at least 5 percent of the number of votes cast at the last state general election in the city. If voters reject the first charter proposed by a commission, the commission may continue to submit proposals until the voters finally adopt one. Thereafter, the commission may submit new charters or amendments to the old charter, whenever it sees fit. The charter commission is like a standing constitutional convention. It has the power to propose charter changes at any time. If the city's charter does not work or proves to be faulty in operation, it is the commission's duty to propose improvements. It should, therefore, meet at regular intervals at least twice a year, and keep its organization intact should any emergency arise. 4. Drafting the charter Within 30 days after its appointment, the charter commission must make rules, including quorum requirements, on its operations and procedures. The commission must file an annual report of its activities with the chief judge on or before Dec. 31 of each year, and must send a copy of the report to the city clerk. In a city without a home rule charter, the new charter commission must deliver to the city clerk as soon as practicable, a report that states a home rule charter is not necessary or desirable, or the draft of a proposed charter. A majority of the members of the commission must sign the report or the charter draft. Drafting a city charter is a complex and difficult job that requires special skill. A charter commission may, subject to the dollar limitations contained in the law, employ an attorney and other personnel to assist in drafting a charter. Before getting too far along in the process, a charter commission should seek advice on what should be included in a charter and should also submit a draft to an impartial expert for final review. See League research memos Charter and Election Data for Minnesota Cities (390c.1); A Model Charter for Minnesota Cities (100a.5); Handbook Chapter 1; and the National Civic League's Model City Charter, Eighth Edition (2003). See League website for further information on the Charter Assistance Service Minn. Stat. § 410.10, subd. 1. CHAPTER 4 The League of Minnesota Cities Charter Assistance Program can be of assistance in furnishing the commission with pertinent charter materials. The charter commission may also fmd it helpful to have a member of the League's staff attend an early meeting of the commission to talk about forms of government, drafting procedures, and major policy problems. The League will also provide general advice. For a nominal fee, League Charter Assistance Program counsel will examine and comment on an existing charter, charter draft or amendment. Almost all proposed charters have been sent to the League for this kind of review and comment. The commission and its committees should secure informed and interested opinions from citizens and city officials about the existing form of government and the proposed changes. The charter commission should consider criticism or positive experiences with the existing government when drafting the charter. The commission should bring tentative proposals to the attention of the public and city officials before making final decisions. Often, the mayor, council members, and city officials may have special insights into the merits or practicality of particular proposals. When a majority of commission members approves a charter draft, the commission should make and authenticate at least three identical, clear copies. All the members who approved the draft should sign each of the copies. One copy should go to the clerk of the city, who will deliver it to the city council. The charter commission should keep the second copy in its files. A third copy might be useful for newspaper publication. 5. The charter election After receiving the signed draft charter, the clerk notifies the city council of its receipt and reminds the council to submit the charter to an election by the voters. If the council fails to do this, the court may order it. The council has several options regarding the time of the election. If no general city election is to occur within six months after the clerk receives the draft, the council must call a special charter election within 90 days of receipt of the draft charter. If a general city election will occur within six months, the council may either postpone the election on the charter until that general election, or it may call for a special election prior to the general election. 4-10 HANDBOOK FOR MINNESOTA CITIES Minn. Stat. § 410.10, subds. 1, 2. A..G. Op. 442-A-20 (Jul. 18. 1927); A. G. Op. 442- A-20 (Jul. 10, 1952); A. G. Op. 476-B-2 (Apr. 29, 1954). The charter commission may recall its proposed charter at any time before the council has fixed a date for the election. The council may authorize the commission to recall the charter at any time prior to its first publication. The notice of election must include the complete charter. The notice must be published once a week for two successive weeks in the official newspaper and may also be published in any other legal newspaper in the city. In First Class cities, the publication must be made in a newspaper having a regular paid circulation of at least 25,000 copies. a. The charter campaign Charter commission members have differed in their views of the role of the charter commission and its members in the charter campaign. The law does not give the commission any responsibility after the charter has left the commission, nor does it set any restrictions. Some charter commissions have served as the principal sponsoring organization for the charter. Commission members have been responsible for publicity and have made public speeches on the charter's behalf. In other cities, the commission as a whole has not been involved in the campaign, but sometimes individual members have participated. Because the statutes do not address the subject, what commission members do will depend on their perception of an appropriate role. Surely no other group is likely to know more about what the charter contains and why, and none is likely to be more interested in the outcome of the charter election. No outsider can give much advice on how to campaign for adoption of the charter. Local conditions and the kind of opposition that might develop will determine the necessary community response. Overconfidence, however, frequently results in the defeat of a charter. The opposition is usually vocal and well organized. It is no easy task, especially at a general election, to get the necessary majority to vote in favor of the charter. Frankness and honesty about the contents of the charter can help to disarm opposition. Throughout its entire proceedings, the commission should inform the public of its actions. Charter commissions should keep in mind that expenditure of public funds to promote a particular election outcome may be questionable. While efforts to inform voters about the charter and to encourage voters to cast their ballot seem reasonable, a "vote yes" campaign brochure is more questionable. Campaign efforts by commission members in their role as private citizens seem acceptable, provided they do not claim to speak for the entire commission. Minn. Stat. § 410.10, subds. 1, 3. Minn. Const. art. XII, § 4. Minn. Stat. § 410.11. Minn. Stat. § 410.121. Minn. Stat. § 410.04. Minn. Stat. § 410.11. Minn. Stat. §410.11. CHAPTER 4 b. Form of ballot, required majority, certification The city covers the expense of a charter election. The ordinary rules of the conduct of elections apply, but the statutes add the following provision: "If the election is held at the same time as the general election, the voting places and election officers shall be the same for both elections ... The ballot shall bear the printed words: `Shall the proposed new charter be adopted? Yes No,' (with a box after each of the last two words, in which the voter may place a cross to express a choice). If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner." The Constitution provides the Legislature may set, by law, the majority necessary to adopt a proposed charter. The majority needed to adopt a charter is 51 percent of those voting on the question at the election. A three-fourths majority, however, is needed to amend a charter to change liquor patrol limits. Provisions to remove or amend charter provisions changing the sale of intoxicating liquor require a 55 percent majority. Statutory provisions specifying the percentage of necessary votes to adopt a new or revised charter or to amend a charter supersede conflicting charter provisions. c. Filing copies of the charter If voters adopt the charter, the city clerk must file copies in the office of the secretary of state, the office of the county recorder, and the clerk's office. A certificate attesting to the accuracy of the charter giving the date of the election and the vote by which the charter was adopted, must accompany each copy. Although the Minnesota Constitution and laws do not require it, the charter commission should retain at least one copy of the charter. Printed copies of the charter should be sent to the League of Minnesota Cities, the Minnesota Historical Society, and to state and local libraries. These groups will frequently refer to the charter, and the League can use one or two copies to send on loan to other Minnesota charter commissions considering new charters. In addition, if the city has a web site, it may want to consider posting an electronic copy of the charter for increased public access. Once the city clerk files the copies and certificates, the new charter will take effect 30 days after the election or at another time specified by the charter. The charter supersedes any previous charter of the city. The courts must take judicial notice of the charter. 4-12 HANDBOOK FOR MINNESOTA CITIES Minn. Stat. § 410.12. A.G. Op. 59a-11 (Dec. 30, 1981). Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1981); Haurnanty. Griffin, 699 N.W.2d 774 (Minn.App., 2005). Minn. Stat. § 204B.071. Minn. Stat. § 410.12, subd. The officials elected and appointed under the charter may take control of the city's records, money, and property at any time specified by the charter. The charter may provide that until an election of officers occurs, the officers under the old charter will continue to function. When the new charter becomes fully operational, the re -organized city corporation is in all respects the legal successor of the corporation organized under the old charter or state law. Existing, consistent ordinances and contracts continue until the council changes them or they expire by their terms. F. Amendments to the charter Amendments may originate in one of five ways: The charter commission may propose amendments at any time. A number of registered voters, equal to 5 percent of the total votes cast at the last state general election in the city, may sign and file a petition with the charter commission. This percentage of voters cannot be changed by a provision in a charter. The petition must state the proposed amendment to the charter. The commission must submit the petition to popular vote. The amendment goes to the city clerk, who notifies the council. The council then provides for the election under the same rules that apply to a new charter. The 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. The secretary of state is required to develop rules governing the manner in which petitions required for any election in this state are circulated, signed, filed, and inspected. The secretary of state shall provide samples of petition forms for use by election officials. The city council may propose an amendment by ordinance subject to charter commission review. The council submits the ordinance proposing an amendment to the commission, which has 60 days for review. If the commission formally requests an extension, the council may extend this review period by an additional 90 days. After the review period, the commission returns the amendment or its own substitute amendment to the council. The council submits to the voters either the amendment it originally proposed or the commission's substitute amendment. Minn. Stat. § 410 .12, subd. 7. Minn. Stat. § 410.12, subd. 6 Minn. Stat. §§ 410.10, 410.12, 410.04. Minn. Stat. § 410.12, subd. 1. CHAPTER 4 The charter commission may recommend the council amend the charter by ordinance. In this case, within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing of the proposal. The notice must contain the text of the proposed amendment. The city 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 vote must be unanimous, including approval by the mayor if the mayor has veto power. The ordinance proposing the amendment is subject to the same publication requirements as other ordinances. The ordinance does not become effective for 90 days. During the first 60 days, registered voters equal to 2 percent of the votes at the last state general election or 2,000 voters, whichever is less, may submit a petition forcing 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. In cities of populations less than 10,000, the council may propose amendments by ordinance without submitting them to the charter commission. Four-fifths of the council members must vote for the ordinance. Two weeks published notice is necessary before the vote. The council must then submit the ordinance to the voters like any other amendment. 1. The vote on an amendment The election concerning proposed amendments and the arrangement of the ballot are substantially the same as in the case of the adoption of a new charter. An amendment needs the favorable vote of 51 percent of those voting on the question. When an amendment to a charter is proposed by the charter commission or petitioned for by the voters of the city, the proposed amendment must be submitted at least 12 weeks before the general election. Amendments, like charters, need the clerk's certification. Copies must be filed in the offices of the secretary of state and county recorder, as well as in the clerk's office. Amendments take effect either at the end of 30 days after the election, or at some other time if the amendment so specifies. The law also allows for alternative proposals. The League of Minnesota Cities Charter Assistance Program would also appreciate receiving a copy in order to keep the LMC charter collection up- to-date. State and local libraries and the Minnesota Historical Society are also suggested recipients. A city may also want to consider posting charter amendments to its web site to keep the online charter up-to-date. 4-14 HANDBOOK FOR MINNESOTA CITIES 1 Minn. Const. art. X1I, § 5. Minn. Stat. § 410.30. Concerning the form of government of a home rule charter city see Minn. Stat. § 410.16 and Handbook Chapter 1. See League research memo A Model Charter for Minnesota Cities (100a.5) Chpt 1, sec. 1.02; and National Civic League's Model City Charter, Eighth Edition (2003) Art. 1, sec. 1.01. Park v. City of Duluth, 134 Minn. 296, 159 N.W. 627 (1916); State v. City of Duluth, 134 Minn. 355, 159 N.W. 792 (1916); City of Duluth v. Cerveny, 218 Minn. 551, 16 N.W.2d 779 (1944). 2. New or revised charter Any city having a home rule charter may adopt a new or revised charter in the same manner as an original charter. If a new or completely revised charter is to go to the voters, the preparation of the ballot and other procedures are substantially the same as for the original charter. G. Abandoning a home rule charter Any home rule city may abandon its charter and become a statutory city. Since the state was formed, only three cities—Jordan, Isanti, and Sauk Centre, all since 1989—have abandoned their charter form of government. These three cities are all now Plan A statutory cities. A city may abandon its charter by presenting a proposal, adopting it, and having it become effective in the same manner as a charter amendment. Accordingly, abandonment would require the approval of 51 percent of those voting on the question. The proposal must include a schedule containing necessary provisions for transition to the statutory city form of government in order to place the city on a regular election schedule as soon as practicable. The proposal may provide for continuation of specified provisions of the home rule charter for an interim period, and must specify the plan under which the city will operate as a statutory city. III. General powers of a home rule charter city A city charter should deal only with the fundamentals of the governmental organization of the city, leaving the council free to exercise a broad grant of authority by ordinance. Modern charters contain provisions that claim for the city all powers that the home rule provision of the Constitution permits a city to assume. Older charters contain a long list of specific grants giving various powers to the city. The strong statements of intent found in League and National Civic League model charters should be adequate to ensure that the omnibus grant gives the city all municipal power it might receive through more specific grants. Minnesota Supreme Court decisions generally have given a liberal construction to all -powers grants in city charters. In addition to powers granted by the charter, various state statutes may give additional powers to a city and regulate certain activities. For example, authority for planning, police civil service commissions, and municipal forest maintenance is included in laws dealing specifically with these subjects. Nordmarken v. City of Richfield, 641 N.W.2d 343 (Minn. Ct. App. 2002); Lilly v. City of Minneapolis, 527 N.W.2d 107 (Minn. Ct. App. 1995). Minn. Stat. § 410.33. Minn. Stat. ch. 412. See Handbook Part VI. Minn. Stat. § 275.75. CHAPTER 4 A. Broad grant of powers The following list of powers of home rule charter cities is not complete or all- inclusive. Many powers of charter cities are discussed in more detail in other chapters of the LMC Handbook. A home rule charter may provide any municipal powers the Legislature could have delegated to the city, as long as the powers are consistent with state statutes. A number of city charters have attempted to do this. Under such a grant, the charter may authorize the city to provide for medical clinics, public transit, and industrial parks. It may authorize any of a range of public enterprises as long as they do not involve the use of public funds for an unconstitutionally private purpose. The limits depend more on public policy than on the lack of home rule charter power. A city, however, even one organized under a city charter, has no inherent powers—only such powers as are expressly conferred by statute or are implied as necessary in aid of those powers. If a matter presents a statewide problem, the implied necessary powers to regulate are narrowly construed unless the Legislature has provided otherwise. If a charter is silent on a topic that Chapter 412 or another statute addresses for statutory cities, home rule cities may usually apply the general law on the subject. If, however, general law prohibits a charter from addressing the matter or provides that the charter prevails over general law, the home rule city may not apply the general law. 1. Taxes Presumably, a charter may grant a home rule city power to tax although the state has largely pre-empted two local non -property taxes: the sales tax and the income tax. State law has historically provided some differences between home rule charter cities and statutory cities in property tax levy authority. For example, the Legislature allowed charter cities, for the years 2004 and 2005, to exceed their charter limits or referendum requirements for levy increases if the increased levy was needed to offset reductions in city local government aid. However, state imposed levy limits still applied. 4-16 HANDBOOK FOR MINNESOTACmES See Handbook Chapter 21 on Budgetingand Chapter 22 on the Property Tax Levy. Minn. Stat. § 410325. See Handbook Part VI. See Handbook. Chapter 12. Minn. Stat. § 410.09. Minn. Stat. § 412.321. Minn. Stat. § 412.191, subd. 4. Minn. Stat. § 410.20. 2. Finance The charter may, but does not need to, require a budget system. However, current truth -in -taxation laws require all cities to prepare a budget. The charter may regulate the payment of claims. The charter also may limit or broaden the purposes for which the city may spend money beyond the limits set for statutory cities. For example, a charter could allow appropriations to private agencies performing work of a public nature, while statutory cities probably could not. The law limits statutory cities in their issuance of warrants in anticipation of the collection of taxes. A charter may broaden or curtail this authority. Both statutory and home rule charter cities may use a system of anticipation certificates. A charter may lower the debt limit applicable to cities, but it may not raise the limit. A charter can restrict the purposes for which the city may issue bonds, and it can make the procedure easier or more difficult. The charter may authorize the city to borrow money directly from banks and other lending institutions, rather than issuing bonds or certificates. 3. Utility regulation The Minnesota Public Utilities Commission and the Department of Commerce regulate the service and rates of private gas, electric and telephone utilities. Charters may require gas and electric franchises and may adopt regulations, including requirements for a gross earnings tax or similar fees. Strict limitations on the use of franchises, taxation, and fees for the use of public rights-of-way exist, whether or not a city has a charter. 4. Municipal utilities Statutory cities may establish electric, gas, light, and power utilities only after a vote by the people—regardless of the method of financing. A charter may provide for acquisition without a vote or may require a different majority from the majority necessary in statutory cities. A charter may give the right of condemnation without a time limit. A charter may also allow the city to use surplus utility funds to support general funds. 5. Ordinance procedure Statutory cities may pass an ordinance on a single reading at the same meeting that the ordinance first comes before the council. The ordinance must be published in full or in summary form in the local newspaper. Statutory cities may, but do not need to, require several readings and a lapse of time between readings. Charters may or may not provide for publication, and they may impose other restrictions on the ordinance process. Minn. Stat. § 410.20. Hanson v. City of Granite Falls, 529 N.W.2d 485 (Minn. Ct. App. 1995); Housing & Redev. Auth. v. City of Minneapolis, 293 Minn. 227, 198 N.W.2d 531 (Minn. 1972); Oakman v. City of Eveleth, 163 Minn. 100, 203 N.W. 514 (1925). See also A.G. Op. 858 (Oct 26, 1970); A.G. Op. 858 (August 5, 1970). But see City of Cuyahoga Falls v. Buckeye Comte. Hope Found, 538 U.S. 188, 123 S. Ct. 1389 (U.S. 2003); A.G. Op 185b-2 (Mar. 8, 1962). Minn. Stat. § 471.345. A.G. Op. 59-a-15 (Aug. 22, 1969). See Handbook Chapter 23. See Handbook Chapter 18. CHAPTER 4 a. Initiative and Referendum Statutory cities may not submit ordinances to the people for approval under the initiative and referendum process. Only home rule charter cities may provide for initiative and referendum through their charter. Only ordinances that are legislative in character may be enacted through the initiative and referendum process. Legislative actions are those that are general in nature and lay down a permanent and uniform rule of law. Administrative actions, on the other hand, are those of a temporary and special character. They merely carry out existing laws and relate to the daily administration of municipal affairs. Administrative actions include the settlement of lawsuits, entering of contracts, acceptance or rejection of bids, sale of municipal bonds, appointment of city officials, levying of taxes, granting of licenses and permits, and the adoption of budgets. 6. Personnel In home rule cities, the charter may set procedures for appointments and removals of non -elective officers and employees at the discretion of the council. The charter may include restrictions, such as a formal civil service system, and it may authorize the council to fix administrative salaries subject to the limitations and procedures provided by the charter. 7. Contracts State law establishes bidding procedures and uniform dollar limits for all city contracts for the purchase, sale or rental of supplies, materials or equipment, or the construction, alteration, repair or maintenance of real or personal property. While the language leaves some doubt about the application of the law to home rule charter cities, the attorney general is of the opinion that the statute supersedes all charter provisions concerning uniform dollar limitations. Presumably, the charter may regulate some phases of the contracting procedure, but most charters deal only with subjects not covered by the state law. 8. Tort liability Both statutory and home rule cities are subject to the same tort liability imposed by statutes and court decisions. Home rule charter cities may not extend or curtail this liability for torts to any extent. 4-18 HANDBOOK FOR MINNESOTA CITIES \✓ See Handbook Chapter 25. Minn. Const. art. X, § 1; Minn. Stat. ch. 429. Minn. Stat. § 429.111. Minn. Stat. § 429.021. subd. 3. Minn. Const. art. X, § 1. Curislis v. City of Minneapolis, 729 N.W.2d. 655 (Miim.App.,2007). See Handbook Chapters 14 and 23. Minn. Stat. § 205.02. subd. Minn. Stat. § 205.07. subd. 1. Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995). Minn. Stat. § 410.16. 9. Special assessments Both statutory and home rule cities may fmance almost any type of local public improvement by special assessments against benefited property under a uniform constitutional and statutory procedure. While most home rule cities follow state law, a city charter may provide a different procedure or authorize the council to adopt a different procedure and may require the city to use that method exclusively. A charter city, however, must conform to certain requirements of state law. The charter can require the city to use general funds or service charges rather than special assessments for local improvements. Any special assessments used must comply with the constitutional requirement that the amount of the special assessments cannot exceed the increased market value of the property as a result of the benefit due to the local improvement. Some charters with special assessment provisions that differ from state law authorize the city council to choose between utilizing the charter provisions or state law when imposing special assessments. A recent case has validated such charter provisions. However, when a city elects to uses its charter provisions for a special assessment project, the charter provisions must be followed throughout the entire project. The city cannot later elect to use the state law provisions for the same special assessment project. Likewise, the city cannot commence a special assessment project under the procedure in state law and then later elect to utilize the charter procedure. 10. Real estate Charter and statutory cities may acquire real estate that is needed for public purposes and the council can dispose of it when it is no longer needed. State law does not require bids and approval of the voters, but a charter may impose such restrictions. 11. Elections State statutes regulate many phases of election procedure, but others are open to city regulation through the charter. State law fixes the date of city elections in both statutory and home rule cities for the first Tuesday after the first Monday in November in even or odd years. A charter may not impose term limits. The charter may use proportional representation as a method of election and may set up different nomination procedures from those in statutory cities. The charter may provide for ward representation, which is generally not available to statutory cities. Minn. Stat. § 410.20. See Minn. Const. art. VIII, § 6 and Jacobsen v. Nagel, 255 Minn. 300, 96 N.W. 2d 569 (1959). Minn. Stat. § 412.222. Minn. Stat. §§ 6.54 and 6.55. Minn. Stat. §§ 471.695 to 471.698. See Handbook Part VI. See Handbook Chapters 11 and 12. Minn. Stat. § 351.02. A.G. Op. 59a-30 (Jul. 24, 1996). CHAPTER 4 a. Recall Home rule charter cities have some limited authority to provide for recall elections in a charter. The Minnesota Constitution and court decisions have restricted recall of elected city officials only to cases of serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime. No recall system exists in statutory cities. 12. Accounting Under the law, statutory cities may employ a public accountant or the state auditor to perform an audit. By charter, cities may require an audit each year or periodically, and they may designate a person to perform the audit. Charter cities are also subject to the law that requires the state auditor to examine a city's records on the initiative of the council or a petition of citizens. State law requires all cities to publish their annual financial statements. In home rule cities, the charter may require additional reports and publication of the reports depending on the desires of the community The number and kinds of funds, and the authority to transfer between funds, may come under charter regulation with only a minimum of statutory restriction. In statutory cities, the law is more restrictive on this subject. 13. Regulation and licensing of activities Statutory cities must find a specific statute authorizing the licensing or regulation of an activity before they can regulate that activity. A charter city can use an all - powers provision in its charter to license or regulate activities within its borders. Without an all -powers or other broad grant of authority, a charter city must find a specific charter provision or state law authorizing the regulation. 14. Removal of council members by the council State law establishes the specific situations that create vacancies in elective office. A charter may not provide for removal of council members by the council for a reason not explicitly stated in the statute. 4-20 HANDBOOK FOR MINNESOTA CITIES A.G. Op. 624a-3 (June 28, 1999); A.G. Op. 1001-a (Sept. 15, 1950). Muhring v. School District No 31, 244 Minn. 432, 28 N.W.2d 655 (1947); Minneapolis Gas and Light Co. v. City of Minneapolis, 36 Minn. 159, 30 N.W. 450 (1886). Nordmarken v. City of Richfield, 641 N.W.2d 343 (Minn. Ct. App. 2002); Sinclair Oil Corp. v. City of St. Paul, 2002 WL 1902920 (Minn. Ct. App. 2002); Columbia Heights Relief Ass 'n v. City of Columbia Heights, 305 Minn. 399, 233 N.W.2d 760 (1975). Mangold Midwest Co. v. Vill. of Richfield, 274 Minn. 347, 143 N.W.2d 813 (1966); State v. Kuhlman, 729 N.W.2d 577 (Minn.,2006); State v. Burns, A05-2554 (Minn. Ct.App.,2007) (unpublished decision) B. Delegation of powers Absent specific statutory or charter authority, the council of a charter city may not delegate its powers and duties calling for the exercise of judgment and discretion to other persons or bodies. Specific language must exist in the charter authorizing any delegation of these powers. IV. Conflict between state laws and home rule charters Harmonizing general statutory language and charter provisions dealing with the same subject is often difficult. Cities can resolve potential conflicts between state laws and charter provisions through the following process: A. General rule The general rule is that when a charter provision is in conflict with the state statutes, the statutory provision prevails and the charter provision is ineffective to the extent it conflicts with the state policy. B. Identifying a conflict When state law is silent 011 an issue covered by charter and the issue is one that the Legislature has the power to delegate to a city, the assumption is that there is no conflict with state policy. On the other hand, when a charter provision and state law deal with the same issue, the possibility for conflict occurs. Rather than requesting an attorney general's opinion or having a court resolve the possible conflict, a city council can, by resolution, rely on the opinion of its attorney as to whether a conflict exists. In making this decision, the attorney should consider the following points: • Is there a court case or attorney general's opinion that deals with the same or similar provisions? If so, the city must follow the court ruling. Even though attorney general opinions are only advisory, the city should seriously consider the reasoning behind such an opinion. The LMC Handbook attempts to identify all court decisions and attorney general opinions that deal with charter and state law conflicts in order to assist charter city officials in determining what state laws apply to their city. Minn. Stat. § 410.015. Columbia Heights Relief Ass 'n v. City of Columbia Heights, 305 Minn. 399, 233 N.W.2d 760 (1975); State v. Kuhlman, 729 N.W.2d 577 (Minn.,2007); State v. Burns. A05-2554 (Minn. CY.App. 2007) (unpublished decision) CHAPTER 4 • In the absence of a court decision or attorney general ruling, does the state law clearly outline or imply a policy decision by the Legislature that the law applies to charter cities as well as to statutory cities? For laws passed by the Legislature since 1976, this determination is easy. In any law taking effect after July 1, 1976, the word "city" means statutory city only. After that date, in order for a law to apply to charter cities, the law itself must clearly state it applies to both statutory and home rule charter cities. A mere reference to all cities would not be sufficient to include charter cities. For laws enacted before that time, cities should look for phrases such as, "all cities shall" or "unless the council determines to proceed under charter provisions" for clues of legislative intent. Generally, mandatory laws enacted by the Legislature prior to July 1, 1976, for the protection of the public probably apply to all cities. C. Resolving conflicts Even if a general state law applies to a charter city, it does not necessarily supersede a charter provision. If both the charter and state law direct the city to take certain actions or follow certain procedures, it may be advisable to follow both the charter provision and the state law, in order to resolve any conflicts between the two provisions. State law supersedes charter provisions only to the extent the charter provisions conflict with state policy. V. How charter cities should use the LMC Handbook This Handbook is for both statutory and home rule charter cities. Each of the following chapters includes a section on how the chapter relates to charter cities. Because of the differences in city charters, it is difficult to generalize about the ways in which they are affected by state laws. The Handbook does mention when statewide laws and rules, court decisions, and attorney general opinions apply to charter cities. 4-22 HANDBOOK FOR MINNESOTA CITIES