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Home My WebLink About10-07-13 Council Packet (2) SPECIAL MEETING CITY COUNCIL AGENDA Monday, October 7, 2013 *********** 5:30p.m. City Council: MayorReinert,Council Members O’Donnell, Stoesz, Roeser, & Rafferty City Administrator Jeff Karlson COMMUNITY ROOM, CITY HALL Call to Order and Roll Call Pledge of Allegiance Open Mike / Public Comment Setting the Agenda: Addition or deletion of agenda items 1.ADMINISTRATION DEPARTMENT nd A)Consider 2Reading and Passage of the following amendments to the Lino Lakes City Charter: i. Ordinance No. 04-13, Amending Section 4.02 of the Charter regarding Nominations and Elections, Julie Bartell ii.Ordinance No. 05-13, Amending Section 8.04 of the Charter regarding Public Improvements and Special Assessments, Michael Grochala *Council may vote to dispense with full reading of ordinances * Affirmative vote of all council members is required for adoption of the ordinances (roll call) Adjournment The regularly scheduled Council Work Session will begin following adjournment of the special council meeting CITY COUNCIL AGENDA ITEM 1A STAFF ORIGINATOR:Julie Bartell, City Clerk MEETING DATE:October 7, 2013 TOPIC:Consideration of Ordinance No. 04-13 & Ordinance No. 05-13, Amending the Lino Lakes City Charterregarding Nominations and Elections and Public Improvements and Special Assessments nd VOTE REQUIRED:5/5 (2Reading) INTRODUCTION In 2011, the council forwarded two proposed charter amendments to the Lino Lakes Charter Commission. The amendments concern two areas of the city charter that contain schedules related to elections and that have been impacted by federal and state election schedules. BACKGROUND The United States Congress adopted legislation in 2009 requiring a period of 45 days for absentee ballot voting to allow additional timefor military and overseas voting. As a result the Minnesota State Legislature adopted and the governor signed into law legislation that adjusts state election law to accommodate the extended absentee balloting period.These law changes have an impact on the city’s election calendar including when the city can receive filings for office and, in the case of special improvement consideration, how long the city has to submit questions to Anoka County for inclusion on the ballot. Since the City of Lino Lakes election regulations are included in the city charter, staff presentedsuggestions for amendments to the charter to concur with state and federal level changes. Proposed Amendments - 1. Filing for Office. With the change in the absentee voting period, the filing period reflected in Charter Section 4.02 is no longer appropriate. The filing period must occur at least soon enough to allow the city to meet the deadline for getting names on the ballot. 2. Special Improvements. The Lino Lakes City Charter contains provisions relative to public improvements and special assessments (Chapter 8). Language within that section of the charter is also impacted by the above-referenced election law changes. Under current charter language, there wouldnot be sufficient time to meet the deadline for submission of ballot language and meet the charter requirements of: a) a public hearing; b) the passing of 60 days before further action; and c) submission to the voters within 120 days of the public hearing. In order to allow sufficient time to satisfy both the Charter requirements and the ballot notice requirements, it is suggested that the Charter language be amended toallow submission of a ballot question within 160 days of a general election or to a special election if necessary. Charter Commission Action –At their meeting on July 25, 2013, the Lino Lakes Charter Commission considered and approved the two proposed amendments. The amendments have been put in ordinance form as required. Charter Amendment Procedure. The charter amendment process is governed by state statute, which provides more than one method by which a home rule charter can be amended: -Charter Commission –may propose amendments to the charter for submission to the voters; -Petition –a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; -Amendment proposed by the council –the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; -Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (with a post approval waiting period of 90 days). Since the Charter Commissionhas approved these amendments, the council may elect to enact them with an affirmative vote. As required under Statute, a public hearing on these ordinances was held on September 9, 2013. st After the public hearing, the council approved the 1reading of the ordinances. RECOMMENDATION nd Staff recommends that the council consider 2reading and passage of Ordinance No. 04-13 & 05-13In order for these ordinances to be approved, all council members mustvote affirmatively. ATTACHMENTS Charter Commission Letter dated July 31, 2013 Ordinance No. 04-13 Ordinance No. 05-13 1 st Reading:09/09/13Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 04-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO NOMINATIONS AND ELECTIONS The CityCouncilof Lino Lakes ordains that the Lino Lakes Home Rule Charter be amended as follows (deleted text struck through addedtextunderlined): Section 1Amendment of City Charter, Section 4.02. Section 4.02. Nominations and Elections, Filing for Office. No earlier than seventy (70) days and not later than fifty-six(56) days bBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his/her name placed on the municipal election ballot.The filing period shall be as established by Minnesota state lawfor statutory cities. Section 2In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2013. The motion for the adoption of the foregoingordinancewas 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 ATTEST: _______________________ Julianne Bartell, City Clerk 1 st Reading:09/09/13Publication: 2 nd Reading:Effective: CITY OF LINO LAKES ORDINANCE NO. 05-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO ELECTIONSAND SPECIAL ASSESSMENT PROCEDURE The CityCouncilof Lino Lakes ordains that the Lino LakesHome Rule Charter be amended as follows (deleted text struck through addedtextunderlined): Section 1Amendment of City Charter, Section 8.04, Subdivision 2. Section 8.04, Public Improvements and Special Assessments, Special Assessment Procedure. Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty days after the conclusion of the public hearing,submit the proposed local improvement and its assessment formula to the voters of the Cityat the next general election.If no general election is scheduled during such one hundred twenty(120)day period,to occur within 160 days after the conclusion of the public hearing,the Council shall schedule a special electionas soon as practicable to submitby whichsaid improvement and its associated assessment formula can be submittedto the City’s voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Section 2In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2013. The motion for the adoption of the foregoingordinancewas 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 ATTEST: ________________________ Julianne Bartell, City Clerk