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HomeMy WebLinkAbout03-30-2017 Charter PacketJulie Bartell rom: ent: To: Cc: Subject: Hi Caroline, Jeff Karlson Wednesday, March 22, 2017 9:42 AM 'Caroline Dahl (denali2010@Q.com)' Julie Bartell Budget Request Regarding the Charter Commission's budget request, I initially thought the Council would consider the request this coming Monday, March 27th. The mayor prefers this item be placed on the April 6th work session agenda so the Council has more time to discuss it. Therefore, your budget request will not be considered until April 6th Jeff Karlson — City Administrator City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 651-982-2405 651-982-2499 fax jeff.karlson@ci.lino-lakes.mn.us 1 Julie Bartell 3m: Caroline Dahl <denali2010@q.com> ent: Thursday, March 9, 2017 11:14 AM To: Jeff Karlson Cc: Julie Bartell; Pat Devaney; Chris Bretoi; Caroline Dahl Subject: Charter's Budget Importance: High Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 Mayor Jeff Reinert 600 Town enter Parkway Lino Lakes, MN 55014 EMAILED TO MR JEFF KARLSON, CITY ADMINISTRATOR March 9, 2017 Dear Honorable Mayor Reinert and the Lino Lakes City Council, "1n behalf of the Lino Lakes Charter Commission and in accordance with the vote of the Commission, I hereby refer the requests from the narter Commission that the Lino Lakes City Council expand the Charter Commission's annual operating budget by $4,000 beginning immediately for fiscal 2017 and continuing each year thereafter. The total operating budget for legal services for the Commission would be $5,500 per year. The annual operating budget for the Charter Commission for legal fees is currently $1,500. The budget is substantially less than historical budgets of upwards of $7,000. Without adjusting for inflation, the current Charter Commission's operating budget is one-third of the amount that the City budgeted to the Commission in the 1990's. Attorney fees have continued to rise over time and to hire an attorney at today's prices, $1,500 is insufficient. The Charter Commission cannot fulfill its statutory function to frame and amend the Charter without legal services. The Charter Commission is unanimous in asking the City Council to support the Charter Commission's statutory obligations by increasing its budget as proposed. Thank you for your immediate consideration and attention to this urgent matter. Please let me know if there's anything I can do to assist in this process. Cordially, Caroline Dahl, Chair Lino Lakes Charter Commission cc: Mayor Jeff Reinert Council member Melissa Maher Council member Bill Kusterman ,...icouncil member Michael Manthey �ouncil member Rob Rafferty —"City Administrator Jeff Karlson City Cerk Julie Bartell 1 Julie Bartell ubject: Cindy Reichert (Cindy.Reichert@co.anoka.mn.us) Drawing Ward Lines Hi Cindy — As you know, our Charter Commission is considering forwarding an amendment that would establish wards in the City. The chair has asked, would ward boundaries have to follow precinct boundaries or any other established boundaries? If there is statutory language that I can review, that would be helpful. Appreciate any information you can provide. Thank you. Jail& Julie Bartell City Clerk 600 Town Center Parkway Lino Lakes, MN 55014 651-982-2406 julie.bartell@ci.lino-lakes.mn.us 0 (jL KES 1 LINO LAKES CHARTER COMMISSION RESCHEDULED MEETING AGENDA 6:30 PM Thursday, March 30, 2017 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Setting the Agenda 4. Open Mike / Public Comments 5. Old Business Approval of February 23, 2017 6. New Business A. Attorney for Charter B. Ward Amendment Next meeting date to be determined Caroline Dahl Pat Devaney Chris Bretoi Chair Vice Chair Secretary 6:30 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .2 23 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Charter Commission February 23, 2017 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION February 23, 2017 6:30 p.m. 7:25 p.m. Aldentaler, Bretoi, Dahl, Johnson, Juni, Lyden, Stanek, Storberg, Stranik, and Vanderpoel Poehling, Turcotte, and Damiani Combs and Devaney None None CALL TO ORDER AND ROLL CALL Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:33 pm on Thursday, February 23, 2017. PLEDGE OF ALLEGIANCE Chair Dahl lead the Pledge of Allegiance. SETTING THE AGENDA Agenda was accepted as presented without additions OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mike. APPROVAL OF MEETING MINUTES Chair Dahl noted on page six, line 253, it should state, "It was noted that a specific dollar amount would need to be included in the request would be submit in the amount of $4,000. She stated that JhV wo,,li do Sito ,in br, a draft back to the Chatter Commission for review before submittal." MOTION by Commissioner Juni, seconded by Commissioner Stranik, approving the meeting minutes of January 12, 2017 as amended. Motion passed unanimously. (Johnson, Lyden and Storberg abstained.) NEW BUSINESS A. Ward Amendment Commissioner Juni stated that he contacted the offices of Robert Chamberlain and Linda Runbeck, leaving voicemails and sending emails. He stated that he did receive a message back 45 that they received his messages and would respond but had not yet received a real response. 1 Charter Commission February 23, 2017 Page 2 46 47 Commissioner Johnson stated that he has regular contact with a representative and would be able 48 to reach out on behalf of the Commission. 49 50 Commissioner Juni provided background information noting that the State Statute specifies that 51 the Charter Commission would receive $1,500, or a higher amount determined by the City 52 Council. He stated that the attempt is to have the minimum specified in State Statute increased. 53 54 Commissioner Johnson confirmed that he would reach out. He noted that there is a lot going on 55 at the legislature right now and therefore this would not be high on the list. He stated that it may 56 be helpful if there are other cities that would join with the Lino Lakes Charter Commission. 57 58 Commissioner Stranik stated that while he would love for this to be successful, it is doubtful in 59 the given timeline and therefore the Commission should review alternative options. 60 61 Chair Dahl stated that even though it may be unlikely for this year, the comments will show that 62 the Charter Commission is interested in the matter and can continue the efforts in the future. 63 64 Commissioner Storberg noted that it would also be helpful if unused funds could roll over from 65 year to year, rather than reverting back to the general fund if unused. 66 67 Commissioner Bretoi asked for an update on the request for funds that was submitted to the City 68 Council. 69 70 Chair Dahl stated that she did submit a request for funds to the City Council and was told that the 71 Council would not take action as the Commission did not make a formal motion. 72 73 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to direct Chair Dahl to 74 submit a request to the City Council for increased funds for the Charter Commission in the 75 amount of $5,500 annually as discussed the previous month. 76 77 Motion passed unanimously. 78 79 B. Attorney for Charter 80 Chair Dahl stated that at the January meeting, several Commissioners volunteered to reach out to 81 possible attorneys that could represent the Charter Commission. 82 83 Commissioner Juni stated that he plays tennis with an attorney and reached out to him to see if 84 there would be interest in representing the Charter Commission. He distributed information on 85 the attorney, who has worked as city attorney for multiple cities throughout his career. He noted 86 that they did not discuss a rate during the conversation. He stated that this appears to be the only 87 potential candidate and noted that if the Commission is interested, Chair Dahl could reach out to 88 the attorney and gain information on potential rates for his services. 89 2 Charter Commission February 23, 2017 Page 3 L-- 90 MOTION by Commissioner Bretoi, seconded by Commissioner Stranik, authorize Chair Dahl to 91 contact Fredrick "Fritz" Knaak on behalf of the Charter Commission, make the decision on 92 whether to engage him as the Charter Commission attorney for the ward amendment, and if 93 appropriate execute the contract on behalf of the Commission. 94 95 Further discussion: Commissioner Lyden asked if the hiring of an attorney would be an annual 96 renewal or whether it would be for a contracted amount of time. 97 98 Commissioner Juni stated that he did not discuss the attorney being a long-term option, but 99 simply contracting to assist with the ward amendment language. 100 101 Chair Dahl stated that the potential attorney does have experience with multiple municipalities 102 and therefore is aware of the lower rates that municipalities typically pay for services. She stated 103 that from the background information provided, the attorney seems to be fair and knowledgeable 104 and is not afraid to step up if need be. She asked if the Commission would want the potential 105 attorney attend a meeting before hiring. 106 107 Commissioner Lyden stated that he would feel comfortable with the submission of a contract. 108 109 Commissioner Stranik noted that he has been vetted and the Commission seems to be 110 comfortable. 11 112 Chair Dahl confirmed that she would contact the attorney, determine his costs and if acceptable 113 would ask him to draft a contract. 114 115 Motion passed unanimously. 116 117 Commissioner Stranik proposed that the potential attorney be presented with the comments from 118 the City Attorney and prior Charter Commission attorney to gauge his position on the topic, as 119 that seems to be a logical method to engage. 120 121 Chair Dahl asked if the Charter Commission would be comfortable with the Chair signing the 122 contract or whether all three officers should sign the contract. 123 124 Commissioner Juni noted that the potential attorney has served as a State Senator and therefore 125 he may also have an opinion on how the approach the legislature on a potential increase to the 126 minimum amount specified in the State Stature for Charter Commission funding. 127 128 C. Report on City Attorney Attending Charter Commission Meeting 129 Commissioner Stranik stated that he reached out to the City Administrator in regard to 130 potentially having the City Attorney assist the Charter Commission and received a response that 131 the City Attorney would not be able to assist the Commission as he represents the City Council '32 and therefore would have a conflict. He noted that he responded back to the City Administrator stating that the Charter Commission was not asking for representation but simply asking the City 134 Attorney to attend a meeting and explain his position on the ward amendment language drafted 3 Charter Commission February 23, 2017 Page 4 135 by the Charter Commission. He noted that he did not receive a response to the clarification he 136 provided to the City Administrator. 137 138 NEXT MEETING DATE 139 Chair Dahl noted the next meeting date is to be determined and asked for input from the 140 Commission. 141 142 - Commissioner Juni noted that the next regular meeting date is the Thursday prior to Easter and 143 therefore perhaps an earlier date be established. 144 145 It was the consensus of the Commission to change the date of the April 13, 2017 regular meeting 146 to Thursday, March 23, 2017 or Thursday, March 30, 2017. It was noted that Chair Dahl would 147 poll the Commissioners to determine which date would be best. 148 149 ADJOURN 150 151 MOTION by Commissioner Stranik, seconded by Commissioner Johnson, to adjourn the meeting 152 at 7:25 p.m. Motion carried unanimously. 153 154 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 4 Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 Mayor Reinert 600 Town Center Parkway Lino Lakes, MN 55014 EMAILED July 7, 2014 Dear Mayor Reinert and Clerk Bartell: On June 25 the Lino Lakes City Charter Commission approved a proposed Charter Amendment for inclusion on the November 4, 2014 general election ballot. The proposed amendment and ballot question are attached. This amendment is proposed pursuant to Minn. Stat. 410.12, subd, 1 which provides in relevant part "The charter commission may propose amendments to such charter...Proposed charter amendments must be submitted at least 17 weeks before the general election." Cordially, Connie Sutherland Chair Lino Lakes Charter Commission cc: Caroline Dahl, Secretary Lino Lakes Charter Commission Katheryn Timm, Vice Chair Lino Lakes Charter Commission Section 2.03. Council composition and election. Subdivision 1. The Council shall be composed of a Mayor and four (4) Council Members who shall be qualified electors in the City of Lino Lakes and who shall be elected at large. Council Members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall be elected at large, and shall serve for a term of two (2) years and/or until a successor is elected and qualifies. Subdivision 2. Each member of the Council shall be elected from a separate ward. Voters may only vote for a candidate for the Council ward seat within which the voters reside. Council Members must reside within the ward from which they are elected. If a Council Member moves within the City from such Council Member's elective ward, or if a Council Member is excluded from a ward as a result of districting or redistricting, such Council Member's term of office shall expire on January first, following the next regular City election. Subdivision 3. For the purposes of electing City council members, the City shall be divided into four (4) serially numbered wards. These wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Ward boundaries shall follow visible, clearly recognizable physical features as required by state law. Subdivision 4. Upon enactment of these provisions, and after every Federal decennial census, the Charter Commission, after public hearings, shall determine the council election wards (districting) in this manner described in this section. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the Comission shall adopt. The Commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the City Clerk no later than the first Tuesday in June prior to the first City election after the Federal decennial census. The Council shall provide for a sum of money, adequate for this purpose, to be used by the Commission to hire staff to aid it in preparing its districting plan. Proposed ballot language: Should the city be split into four wards, with one city council member elected from each ward? AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: August 11, 2014 TOPIC: Consideration of Resolution Declining Charter Amendment VOTE REQUIRED: Simple Majority (3/5) INTRODUCTION The Council is being asked to consider a resolution declining to submit a proposed charter amendment to election. BACKGROUND On July 7, 2014, the Lino Lakes Charter Commission submitted a proposed amendment to the City Charter requesting that it be submitted to the voters for the November 4th general election. The proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward. In a written opinion, dated July 16, 2014, City Attorney Joe Langel identified three provisions in the amendment that conflict with state law. Mr. Langel is recommending that the amendment not be submitted to the voters for reasons described below. 1. The proposed Charter amendment requires that the Commission determine the council election wards (districting), which conflicts with Minnesota law. State law places sole control over ward boundaries with the City Council, which is referenced in Minnesota Statutes, Section 205.84. 2. The proposed amendment conflicts with Minnesota Election Law that provides a window of time during which ward boundaries must be redrawn. The proposed amendment requires that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. 3. The proposed amendment is in conflict with the statutory requirement that only the City Council may authorize such additional charter commission expenses it deems necessary (Minn. Stat. §410.06). The City Council cannot be forced to provide additional funds to the Charter Commission. RECOMMENDATION It is recommended that the Council adopt Resolution No. 14-77, declining submission of proposed charter amendments to election. ATTACHMENTS Resolution No. 14-77, "Resolution Declining Submission of Proposed Charter Amendment for Election." CITY OF LINO LAKES RESOLUTION NO. 14-77 RESOLUTION DECLINING SUBMISSION OF PROPOSED CHARTER AMENDMENT FOR ELECTION WHEREAS, on July 7, 2014, the Lino Lakes Charter Commission submitted to the City Clerk a proposed amendment to the City Charter and requested that the amendment be submitted to the voters at the general election on November 4, 2014, all in accordance with Minnesota Statutes, Section 410.12, subdivisions 1 and 4; and WHEREAS, the proposed amendment requested a ballot question that would split the city into four wards, with one city council member elected from each ward (The text of the proposed amendment is attached hereto as Exhibit A); and WHEREAS, the City Council, in consultation with the City Attorney, has determined not to submit the Ward System Amendment to the voters for the reasons described below. 1. The proposed Charter amendment requires that the Commission "determine the council election wards (districting)," which conflicts with Minnesota law. State law places sole control over ward boundaries with the City Council, which is referenced in Minnesota Statutes, Section 205.84. 2. The proposed amendment conflicts with Minnesota Election Law, which provides a window of time during which ward boundaries must be redrawn. The proposed amendment requires that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. 3. The proposed amendment is in conflict with the statutory requirement that only the City Council "may authorize such additional charter commission expenses as it deems necessary." Minn. Stat. §410.06. The City Council cannot be forced to provide additional funds to the Charter Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that for reasons set forth in the City Attorney's Opinion Letter, dated July 16, 2014, and as summarized above, the Council declines to submit the Ward System Amendment to the voters. Approved by the City Council of the City of Lino Lakes this 1 lth day of August 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor A HEST: Julianne Bartell, City Clerk Joseph J. Lanael Direct Phone: (612) 225-6837 Direct Fax: (612) 225-6860 jj i:cc:ratwiklaw.com July 16, 2014 Jeff Karlson City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 R: twik. Roszak & RE: Charter Amendment - Wards Our File No. 4021-0130 Dear Mr. Karlson: In recent communications, you asked for an opinion on the following: FACTS On June 25, 2014, the Lino Lakes Charter Commission ("Commission") voted to propose an amendment to the City Charter for public approval in the November 4, 2014, general election. The language of the proposed amendment is as follows: Section 2.03. Council composition and election. Subdivision 1. The Council shall be composed of a Mayor and four (4) Council Members who shall be qualified electors in the City of Lino Lakes and who shall be elected at large. Council Members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall be elected at large, and shall serve for a term of two (2) years and/or until a successor is elected and qualifies. 730 Second Avenue South, Suite 300, Minneapolis. MN 55402 • p (612) 339-0060 • f (612) 339-0038 • www.ratwiklaw.com Patricia A. Maloney' Terrence J. Foy' Ann R. Goerin„ Nancy E. Blunistein ` Joseph J. Langer Margaret A. Skelton Jennifer K. Earley Eric .1. Quirn_ Erin E. Bcnson Christian R. Shaer Timothy A. Sullivan Nathan B. Shepherd Ashley R. Geis_ndor er Also admitted in WI Paul C. Rah=.-ik (Retired) John M. Roszak (1944 — 20 I I EXHIBIT A Text of Charter Amendment Submitted by Charter Commission Ward System Amendment: Section 2.03. Council Composition and Election. Subdivision 1. The Council shall be composed of a Mayor and four (4) Council Members who shall be qualified electors in the City of Lino Lakes and who shall be elected at large. Council Members shall serve for a term of four (4) years and/or until a successor is elected and qualifies. The Mayor shall be elected at large and shall serve for a term of two (2) years and/or until a successor is elected and qualifies. Subdivision 2. Each member of the Council shall be elected from a separate ward. Voters may only vote for a candidate for the Council ward seat within which the voters reside. Council Members must reside within the ward from which they are elected. Is a Council Member moves within the City from such Council Member's elective ward, or if Council Member is excluded form a ward as a result of districting or redistricting, such Council Member's term of office shall expire on January first following the next regular City election. Subdivision 3. For the purposes of electing City council members, the City shall be divided into four (4) serially numbered wards. These wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Ward boundaries shall follow visible, clearly recognizable physical features as required by state law. Subdivision 4. Upon enactment of these provisions, and after every Federal decennial census, the Charter Commission, after public hearings, shall determine the council election wards (districting) in the manner described in this section. The public hearings shall be held after published notice of said hearings, and opportunity to speak shall be allowed members of the public upon such reasonable terms as the Commission shall adopt. The Commission shall adopt its districting resolution by a majority vote of its entire membership and file it in the office of the City Clerk no later than the first Tuesday in June prior to the first election after the Federal decennial census. The Council shall provide for a sum of money, adequate for this purpose, to be used by the Commission to hire staff to aid it in preparing its districting plan. 2 Jeff Karlson July 16, 2014 Page 2 Subdivision 2. For the purposes of electing City council members. the City shall be divided into four (4) serially numbered contiguous Council election wards. Each member of the Council shall be elected from a separate ward. Voters may only vote for a candidate for the Council ward seat within which the voters reside. Council. Members must reside within the ward from which they are elected. If a Council Member moves within the City from such Council Member's elective ward, or if a Council Member is excluded from a ward as a result of districting or redistricting, such Council Member's term of office shall expire on January first. following the next regular City election. Subdivision 3. Council election wards shall be as equal in population as practicable and each ward shall be composed of compact, contiguous territory. Ward boundaries shall follow visible, clearly recognizable physical features as required by state law. Subdivision 4. Upon enactment of these provisions, and after every Federal decennial census. the Charter Commission, after public hearings. shall determine the council election wards (districting) in this manner described in this section. The public hearings shall be held after published notice of said hearings. and opportunity to speak shall be allowed members of the public upon such reasonable terms as the Commission shall adopt. The Commission shall adopt its districting resolution by a majority vote of its entire membership, and file it in the office of the City Clerk no later than the first Tuesday in June prior to the first City election after the Federal decennial census. The Council shall provide for a sum of money. adequate for this purpose, to be used by the Commission to hire staff to aid it in preparing its districting plan. The City forwarded the proposed amendment to the undersigned for review. ISSUES Are the provisions of the proposed amendment in accordance with state law? DISCUSSION There is no question that the Commission is authorized to propose an amendment on this subject matter. By statute, "[t]he charter commission... may provide that all elective city officers, including mayor and members of the council, shall be elected at large or otherwise." Minn. Stat. § 410.16. The "or otherwise" language allows for the creation of a ward system. Jeff Karlson July 16, 2014 Page 3 We have identified three provisions of the proposed amendment, however, that conflict with State law. I. The City Council must Confirm or Redefine Ward Boundaries. Under the Minnesota Election Law, the city council is responsible for drawing ward boundaries. The proposed amendments, however, requires that the Commission "determine the council election wards (districting)." While there are some instances in which a charter provision will control over a conflicting state law, that is not the case with respect to election districts. Minnesota Statute section 205.84 applies to "a city electing council members by wards." Minn. Stat. § 205.84, subd. 1. In ward -election cities, "[a]fter the official certification of the federal decennial or special census, the governing body of the city shall either confirm the existing ward boundaries as conforming to the standards of subdivision 1 or redefine ward boundaries to conform to those standards as provided in section 204B.135, subdivision 1." Id., subd. 2. Further, "[i]f the governing body of the city fails to take either action within the time required, no further compensation shall be paid to the mayor or council member until the wards of the city are either reconfirmed or redefined as required by this section." Id. `"Governing body' means... the elected council of a city." Minn. Stat. § 200.02, subd. 10. In short, both the requirement to set the ward boundaries and the penalty for failing to do so lie entirely on the city council. This statute applies to Lino Lakes and controls over any contradictory Charter provisions. Under Minnesota Election Law, the general term "city" "means a home rule charter or statutory city." Minn. Stat. § 200.02, subd. 8. Lino Lakes is a home -rule charter city. "The Minnesota Election Law applies to all elections held in this state unless otherwise specifically provided by law." Minn. Stat. § 200.015. The Commission may have relied on section 410.21, which states that charter provisions "shall be valid and shall control as to...elections for municipal offices, notwithstanding that such charter provisions may be inconsistent with any general law...." That statute, however, was adopted in 1909, whereas section 205.84 was made applicable to charter cities in 1999. Minn. Laws 1999, Ch. 237, § 3. These specific election law provisions, having been enacted later in time than section 410.21., take precedence. See Minn. Stat. § 645.26 (stating that specific and more recent statutory provisions control over general and older provisions). This conclusion is shared by the attorney general. See Minn. Atty. Gen. Op. 64F, 1995 WL 647731 (Oct. 27, 1995). In that Letter Opinion, the Attorney General noted that, while section 410.21 states that charter provisions regarding certain specified electoral issues control "1 Jeff KarIson July 16, 2014 Pale 4 over general laws, the more recent and more specific election laws require application of section 205.84. State law places sole control over ward boundaries with the City Council. The proposed amendment, on the other hand, requires that the Charter Commission draw ward boundaries in the City. As a result, the proposed amendment is in conflict with Minnesota law. IL The Proposed Amendment's Timing Provision Conflicts with State Law. Minnesota Election Law provides a window of time during which ward boundaries must be redrawn. This timing requirement is referenced in section 205.84, subdivision 2, and is applicable to charter cities, as discussed above. The proposed amendment conflicts with those statutory requirements. "[W]ards must be redistricted within 60 days after the legislature has been redistricted or at least 19 weeks before the state primary election in the year ending in two, whichever is first." Minn. Stat. § 204B.135, subd. 1. "[A] city that elects its council members by wards may not redistrict those wards before the legislature has been redistricted." Minn. Stat. § 204B.135, subd. 1. Legislative boundaries must be determined no "later than 25 weeks before the state primary election in the year ending in two." Minn. Stat. § 204B.14, subd. la. By statute, the state primary is "held on the second Tuesday in August in each even -numbered year." Minn. Stat. § 204D.03, subd. 1. By operation of these statutes, ward boundaries must be redrawn by the first week of April in a year ending in two. The proposed Charter amendment requires that the Commission file the ward boundaries "no later than the first Tuesday in June prior to the first City election after the Federal decennial census." if the City elections are on odd -numbered years, as they are currently, the proposed Charter amendment will require that the ward boundaries be filed far earlier than the legislative boundaries, which is expressly prohibited. Even if the City moved to elections on even -numbered years, statute would require the ward boundaries to be determined over two months earlier than the proposed Charter amendment would require. Consequently, the proposed Charter amendment conflicts with the state timing requirements. Jeff Karlson July 16, 2014 Page 5 III. Only the City Council May Expend City Funds. The proposed amendment is in conflict with the statutory requirement that only the City Council "may authorize such additional charter commission expenses as it deems necessary." Minn. Stat. §410.06. The amendment proposed by the Commission requires the City Council to fund the ward redistricting with an "adequate" sum of money. It is not clear who is responsible for determining what is adequate under the circumstances. In any event, the City Council cannot be forced to provide additional funds to the Charter Commission when the statute expressly grants the Council sole discretion for any funds over the annual $ 1,500 allotment. IV. The Proposed Charter Amendment Should Not Be Put on The Ballot, It is a longstanding rule in Minnesota that "[t]he adoption of any charter provision contrary to the public policy of the state, as disclosed by general laws or its penal code, is also forbidden." State ex rel. Town of Lowell v. City of Crookston, 252 Minn. 526, 528, 91 N.W.2d 81, 83 (1958); see also Haumant v. Griffin, 699 N.W.2d 774, 779-81 (Minn. App. 2005). "[A]ny charter provision that conflicts with state public policy is invalid." Nordmarken v. City of Richfield, 641 N.W.2d 343, 347 (Minn. App. 2002). The proposed Charter Amendment should not be put on the November ballot because it is in conflict with state law. It should also be noted that the proposed Charter amendment does not contain clear transition provisions for moving from an at -large system to a ward system. Depending on how the wards are drawn and when the council terms expire, questions remain as to who would be seated where and for how long. Any amendment establishing a ward system should clearly set forth how the transition process will work. CONCLUSION For each of the reasons discussed above, subdivision 4 of the proposed Charter amendment violates state law and public policy. Accordingly, the City Council may decline to submit the amendments to the voters. Very j my yours, oseph J. Lange Nathan B. Shepherd RRM: 188618 CITY CHARTER AMENDMENTS - MN STATUTES 410.12 February 2017 Proposals to amend a charter can be made by: • Council recommendation • Citizen petition • Charter Commission recommendation Charter amendments can be approved by: • Election • Ordinance For 2017 election year, proposals to amend a charter must be submitted to the city (see specific procedures for submitting amendments below) no later than July 11, 2017. County Auditor must be notified of title and language of all questions to be placed on the ballot according to the following schedule. Actions and approvals must be planned accordingly. General Election of November 7, 2017 — Deadline no later than 5 pm, Friday August 25, 2017 PROCEDURE FOR AMENDMENT BY COUNCIL RECOMMENDATION: • Council adopts ordinance proposing the amendment • Council submits ordinance to Charter Commission for review • Charter Commission has 60 days for review (may be extended by the commission an additional 90 days by filing a resolution determining that additional time is necessary with the City Clerk) • Charter Commission either approves, rejects, or suggests substitute amendment • Charter Commission notifies Council of their action • Council may drop amendment OR adopt resolution calling for election to approve: o Proposed amendment as it was originally proposed OR o The Charter Commission's substitute amendment • If a resolution calling for election is adopted, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. PROCEDURE FOR AMENDMENT BY CITIZEN PETITION: • Citizens circulate petition stating the proposed amendment to the charter o Petitions must be uniform in character and must state the proposed amendment to the charter in full o If amendment is larger than 1,000 words, a true and correct copy must be filed with the City Clerk, and the petition will contain a summary (between 50 and 300 words) setting forth the "substance and nature" of the proposed amendment. o When a summary is used, that summary (along with a copy of the proposed amendment) must be first submitted to the Charter Commission for its approval as to form and substance. The commission has 10 days to return the summary with any modifications necessary to fairly comply with these requirements. • Petition must be submitted at least 17 weeks prior to the general election and must be reviewed by the City Clerk for sufficiency. • If determined to be sufficient, the commission must submit the petition to popular vote. o Amendment goes to the City Clerk, who notifies the Council. o Council places amendment on ballot for voter approval Page 1 Anoka County Elections and Voter Registration — February 2017 o NOTE: Council may not refuse to submit or change the amendment as long as it is constitutional. A City Council does not need to submit an unconstitutional charter amendment or an amendment that violates state or federal law to the voters. • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. PROCEDURE FOR AMENDMENT BY CHARTER COMMISSION RECOMMENDATION: Charter Commission Recommendation for Approval of Amendment by Ordinance: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Within 1 month of filing notice with the City Clerk the Council must publish notice hearing of the proposal • Notice must contain the text of the proposed amendment • Public hearing must be held between 2 weeks and 1 month after notice is • Council must vote on amendment within 1 month of public hearing. • Amendment approved only if Council vote is unanimous • Ordinance amending charter published in same manner as other ordinances of the City • Ordinance becomes effective 90 days after passage and publication, unless a later date is provided for in the ordinance • Within 60 days after passage and publication, a petition signed by registered voters equal in number to at least 5 percent of the registered voters in the City or 2,000, whichever is Tess, may be submitted to force a referendum on the amendment. • If voters file a proper petition, the City must handle the amendment like any other charter amendment, except the Council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. • If ordinance is submitted by the Council to the voters, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. of a public published Charter Commission Recommendation for Approval of Amendment by Election: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Proposal must be submitted to Council at least 17 weeks prior to the general election • Council must provide for election as long as amendment is constitutional and does not violate state or federal law • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. This summary of MN Statute is intended for informational purposes only and should not be construed as legal advice. Persons seeking amendment of their City Charter are advised to work cooperatively with their City staff and to seek appropriate legal counsel. Page 2 Anoka County Elections and Voter Registration — February 2017