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
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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.
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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
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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.
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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.
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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
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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