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Home My WebLink About2013-005 Council Ordinances I"Readin : 09/09/13 Publication: 2" Reading: Effective: o i - .3-11,4 CITY OF LINO LAKES ORDINANCE NO. 05-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO ELECTIONS AND SPECIAL ASSESSMENT PROCEDURE The City Council of Lino Lakes ordains that the Lino Lakes Home Rule Charter be amended as follows (deleted text struek through-added text underlined): Section 1 Amendment 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 ene hundred twenty days--after-—the—eeneltis en of the , submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled during sueh one hundred t` enty_(a20) day pefied, to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit by whieh said improvement and its associated assessment formula ean be submit4ed to 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 2 In 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 7th day of October , 2013. The motion for the adoption of the foregoing ordinance was introduced by Council Member O'Donnell and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none Jeff Reine or ATTEST: Julianne Bartell, C ty Clerk CITY COUNCIL AGENDA ITEM IA 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 Charter regarding Nominations and Elections and Public Improvements and Special Assessments VOTE REQUIRED: 515 (2"a Reading) 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 time for 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 presented suggestions 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 would not 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 to allow 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 Commission has 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. After the public hearing, the council approved the 1st reading of the ordinances. RECOMMENDATION Staff recommends that the council consider 2nd reading and passage of Ordinance No. 04-13 & 05-13 In order for these ordinances to be approved, all council members must vote affirmatively. ATTACHMENTS Charter Commission Letter dated July 31, 2013 Ordinance No. 04-13 Ordinance No. 05-13 C I Ygrs INO 7�_KL�) 'AW ---------- January 13, 2014 Office of the Minnesota Secretary of State 180 State Office Building 100 Reverend Martin Luther King Jr. Boulevard St. Paul, MN 55155-1299 Anoka County Property Records and Taxation Anoka County Government Center 2100 Third Avenue Anoka, MN 55303-2281 Re: City of Lino Lakes Charter Amendment To Whom It May Concern: Enclosed please find the following documents to be recorded and officially filed in your offices per Minnesota Statutes, Section 410.00,relating to adoption of charter amendments: a) A certified copy of Lino Lakes Ordinance No. 05-13, amending Section 8.04 of the City Charter relating to Elections and Special Assessment Procedure; and b) A certified copy of Lino Lakes Ordinance No. 04-13, amending Section 4.02 of the City Charter relating to Nominations and Elections; Filing for Office. These amendments were approved by the Charter Commission and by an affirmative vote of all members of the City Council on October 15, 2013. Also enclosed are the new pages for placement in any copy of our city charter that you may have on file. Julie Bartell City Clerk Julie.bartellL&ci.lino-lakes.mn.us; 651-982-2406 cc: League of Minnesota Cities, Charter Assistance Program Minnesota Historical Society Record ID 2667365 Li N _ KE 2076333 - 003 CITY OF LINO LAKES CERTIFICATION ORDINANCE NO. 05-13 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Ordinance No. 05-13, Amending the City Charter relating to Elections and Special Assessment Procedure, approved by the Lino Lakes City Council on October 15, 2013, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on January 13, 2014. City C 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400• Fax:651-982-2499 I"Reading: 09/09/13 Publication: 2" Reading: Effective: c 1 - f —d s 4 CITY OF LINO LAKES ORDINANCE NO. 05-13 AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO ELECTIONS AND SPECIAL ASSESSMENT PROCEDURE The City Council of Lino Lakes ordains that the Lino Lakes Home Rule Charter be amended as follows (deleted text struck d,,.,,,, 4i added text underlined): Section 1 Amendment 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 �we-nty days after the eaneltision of the publie heating, submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no enteral election is scheduled during such one hundr-e twenty ( 20) _day periods to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit by— rich said improvement and its associated assessment formula ean be s„bm t ed to 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 2 In 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 7th day of October , 2013. The motion for the adoption of the foregoing ordinance was introduced by Council Member O'Donnell and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none Jeff Reiner0moor ATTEST: li e Bartell, City Clerk ANOI A C(WNY MINNESOTA Document No.: 2076333.003 ABS7RAC'T I hereby certify that the within instrument was filed in thi s office for record on: 01,'16;2014 10:17:00 AM FeeslTaxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax AdministratorlRecorder'Registrar of Titles SNS, Deputy Record ID: 2667365