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HomeMy WebLinkAbout01-14-2016 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA 6:30 PM Thursday, January 14, 2016 1. Call to Order and Roll Call Oath of Office and Introduction of New Members 2. Pledge of Allegiance 3. Setting the agenda 4. Open Mike / Public Comments 5. Old Business A. October 8, 2015 minutes B. League of MN Cities Chair Pro Tem One Proposed amendment 1. Wards 2. Charter Commission Annual Reports — 2013 and 2014 6. New Business Election of officers: Chair, Vice Chair and Secretary 7. Next meeting date, Thursday, April 10, 2016 Caroline Dahl Secretary 6:30 PM Charter Commission October 8, 2015 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 October 8, 2015 6:30 p.m. 7:13 p.m. Aldentaler, Bartsch, Bretoi, Dahl, Damiani, Johnson, Lyden, Poehling, Storberg, Sutherland, Timm, Turcotte, and Zastrow Combs and Helgemoe None None Mike Mooney, Melissa Maher, Mayor Reinert, Dean Hausladen, and Council Members Dale Stoesz and Rob Rafferty CALL TO ORDER AND ROLL CALL Chair Sutherland reconvened the meeting of the Lino Lakes Charter Commission at 6:30 p.m. on October 8, 2015. PLEDGE OF ALLEGIANCE Chair Sutherland lead the Pledge of Allegiance. APPROVAL OF THE AGENDA Agenda was accepted as presented without additions OPEN MIC/PUBLIC COMMENT Mike Mooney introduced himself and indicated he is running for Mayor. He is a member of the Fire Department and has a different platform. He stated he could be reached for any questions. Commissioner Johnson asked Mr. Mooney about his occupation. Mr. Mooney indicated he is a Mechanical Engineer by education. Commission Storberg asked what he felt about the Charter Commission. Mr. Mooney indicated he has read through the Charter and feels the Charter Commission plays an important role for Lino Lakes. Commissioner Timm questioned if the someone wanted to make a contribution for the candidate how could that be done. Mr. Mooney indicated it could be sent through the website leadershipforlinolakes.com. Commissioner Dahl clarified that you can make contributions to one candidate through the website. Mr. Mooney stated that is possible. 1 Charter Commission October 8, 2015 Page 2 46 47 Melissa Maher encouraged the Commission to get out and vote. She is running and believes Lino 48 Lake should be an open and citizen driven government. She is not running with the other two 49 candidates, is not affiliated with the Fire Department, and has previously served on the Charter 50 Commission. She stated she is an attorney practicing family law and mediation. 51 52 Commissioner Storberg indicated it would nice to have a women serve on the City Council. 53 54 Commissioner Dahl asked about the third candidate. 55 56 Ms. Maher indicated the third candidate is Mike Manthey. He couldn't be here tonight because 57 he was at an interview at North Metro TV. 58 59 Mayor Reinert stated while serving as Mayor for Lino Lakes there has been over 10 miles of 60 resurfacing of roads, two approved levies, and the taxes are low. Currently, the Fire Department 61 is the hot topic, from leaving Centennial Fire District. The City Council formed a Steering 62 Committee to look at the situation as they felt that going on every single call didn't make sense. 63 The Department was constantly recruiting and training fire fighters. The issue was brought to the 64 Steering Committee and built the new fire station. Currently the City has cross -trained police 65 officers and volunteers from the community to serve on the Fire Department. 66 67 Commissioner Dahl questioned the new fire station going over budget and wondered if that 68 included the fire trucks. Mayor Reinert indicated the original budget was $3.4 million but it 69 ended up to be $3.6 million because the training facility was added. The Fire Department 70 purchased two trucks. 71 72 Commissioner Storberg asked what he would do for the Charter Commission. Mayor Reinert 73 indicated he supports the Charter Commission and hopes that the two would work better 74 together. 75 76 APPROVAL OF MEETING MINUTES 77 Chair Sutherland indicated there are changes to: line 12 Bartsch should be added; line 13 78 Bartsch should be removed; line 23 should be led instead of lead; line 32 remove opted; line 35 79 add Michael Manthy Resident; line 87 remove this; line 119 remove with and add when; and, 80 line 120 remove which and add went to ballot. 81 82 MOTION by Commissioner Timm, seconded by Commissioner Johnson, approving the meeting 83 minutes of April 9, 2015 Charter Commission meeting as amended above. 84 85 Motion passed unanimously. 86 87 UNFINISHED BUSINESS 88 No Unfinished Business 89 2 Charter Commission October 8, 2015 Page 3 90 NEW BUSINESS 91 92 A. Outcome of Motion Requesting League of Minnesota Cities Offer Assistance with 93 Ward Amendment 94 Chair Sutherland indicated she didn't make any phone calls to the League of Minnesota Cities. 95 She appointed Commissioner Dahl to make the phone call and have the item brought back to the 96 next meeting. 97 98 Commissioner Bretoi asked about the ward amendment and when will this will be on the ballot. 99 Chair Sutherland indicated the City would need to determine when it would be put on the ballot. 100 101 B. Outcome of Motion Inviting Jennifer Urban to July Meeting 102 Chair Sutherland indicated there wasn't a July meeting. 103 104 Commissioner Timm stated we transferred the meeting from July to October. Spoke with her 105 today and she is an attorney specializing municipal law. She is familiar with the City of Lino 106 Lake from working with the Fire Protection Council. However, since she is continuing to work 107 with the Fire Protection Council, is unsure that she can take on any new clients. 108 109 Commissioner Bartsch asked why we are only talking with female attorneys. 110 111 Commissioner Dahl stated Ms. Marty was a Charter applicant at one time. There were two men 112 who some had dealings with Lino Lakes but it was not very favorable. 113 114 Commissioner Bartsch thanked Commissioner Dahl for her historical information and added it is 115 important. He clarified that he just noticed there hasn't been any male applicants. 116 117 C. Expiration of Charter Commission Terms and Application Deadline of October 31, 118 2015 119 Chair Sutherland stated the expiration of terms is October 31, 2015. The Commissioners with 120 expiring terms are Donald Aldentaler, Daryl Bartsch, Jason Helgemoe, Chris Lyden, Marg Penn, 121 Rosemary Stroberg, Connie Sutherland, and Kathryn Timm. She encouraged all Commissioners 122 to reapply, noting the process is to send the applications to the judge who then makes the 123 appointment. 124 125 NEXT MEETING DATE 126 Chair Sutherland noted the next meeting date is Thursday, January 14, 2015 at 6:30 p.m. 127 128 ADJOURN 129 MOTION by Commissioner Timm, seconded by Commissioner Dahl, to adjourn the meeting at 130 7:13 p.m. Motion carried unanimously. 131 132 Drafted by: Barb Suciu, TimeSaver Off Site Secretarial, Inc. 3 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 1th 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 ATTEST: Julianne Bartell, City Clerk 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 Joseph J. Langel Direct Phone: (612) 225-6837 Direct Fax: (612) 225-6860 jjl@ratwiklaw.com July 16, 2014 Jeff Karlson City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Ratwik, Roszak & Maloney, P.A. 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 ate -sal 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. Goering Nancy E. Blumstein* Joseph J. Langel* Margaret A. Skelton Jennifer K. Earley Eric J. Quiring Erin E. Benson Christian R. Shafer Timothy A. Sullivan Nathan B. Shepherd Ashley R. Geisendorfer * Also admitted in WI Paul C. Ratwik (Retired) John M. Roszak (1944 — 2011) 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 com.osed of com.act conti'uous territo 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 Jeff Karlson July 16, 2014 Page 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. II. 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. 1 a. 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. Verytruly yours, oseph J. Lange Nathan B. Shepherd RRM: 188618 4-e1 H City of St. Paul, MN - Official Website - Charter Commission a) Rigio us,lc SPage 1 of 1 10 LS -3 j r 6 a 4 h"+r : Lri1c1TIA Ti1•v most livable isy in Arieri :, Government Services Arts. Culture and Eveitti Charter Commission Meetings: Videos, Agendas, & Minutes City Services Guide Services Ward tvtep Ward Offices S^-rvice Requ^st Ernploiyrnnnt E -Subscription Espanol Hmcob Somali • 11. mit You ere here: Homc : Govemmcnt = City Council it. Charter Commission = Frini i7n,aind, Charter Commission !Search Lf11t�' " Select Language Powered by G . sic Translate Home Rule Charter Saint Paul's most basic rules for governance are found in the Home Rule Charter. The Charter defines the roles of the City Council and Mayor along with defining the City's general authority to finance and tax for public services. Voters approved this Charter in 1972. The Legislative and Administrative Codes set out in specific detail how the City will provide services and the responsibilities of citizens. The City Council adopts these Codes by ordinance. Mission The Charter Commission is responsible for improving the government of Saint Paul by studying and analyzing issues and concems of the City Educating citizens about the Charter and encouraging involvement in the Commission's work Serving as a resource and providing oversight in solving problems that are deemed unsolvable by the City Council or inappropriate for the Council to address Hearing petitions regarding the Charter from the public and the City Council Keeping the Charter current by reviewing the provisions and language to keep it up-to- date and coordinated with State laws Be an Active Citizen! Saint Paul residents who are at least 18 years old may apply to serve on the Commission. Meetings are normally scheduled for the 3rd Monday of the month. Redistricting The Charter Commission is responsible for the redistricting of city council ward boundaries. The new ward boundaries were approved in 2011, but due to changes in legislative lines the proposed boundaries will be considered at a meeting on Monday, March 12, 2012, at 4:30 PM in Room 220 of City Hall. Charter Co Charter Co Charter Co Home 1 Contact I Translate 1 Site Man 1 Accessibility 1 Disability Access 1 Policies r Practices Cnovrinht Notices 1 oka http://www.stpaul.gov/index.aspx?NID=2390 3/25/2014 Packet Page 57 of 107 Page 1 of 1 280 9L i' Energy o Park Dr ay -\'Pierce, Butler at ¢' ti tz Minnehaha Ave �m t` Ward 4 �C vlidway Pkwy > Lake d ar Horton ve Como C Como Reg Par E Pelham Blvd N CPI tO Riv r Gorge R _• Park m 0) U Cleveland'Ave Ford Pkwy den Falls - • Park Grand Ave 'Nava 3 Sc b Frnnt Ave Marshall Ave St Clair Ave a> rn Highland Pkwy mas Ave Arlington Ave Wheelock Pkwy W rd Maryland Ave UD v Ward 1 University Ave Selby Ave . Summtl Ave 4- Jefferson Ave a. 0a Randolph Ave Q o c Cherokee el c Reg Park x x Otto Ave Syca Ward2 Highland Park Montreal Ave Edgcumbe Rd St. Paul Ave C-7.: cb¢6 E e9a Crosby Farm 5" Reg Park a Li lydale Reg Park http://www.stpaul.gov/images/pages/N2169/September%202011 %20B W%20New%20Wa... 3/25/2014 Packet Page 58 of 107 Municode Page 1 of 1 Sec. 2,01. Elective officials. There shall be a mayor elected by the voters of the city at Targe, and seven (7) councilmembers, each elected from a council ward as provided herein, and such judges and other officials as are provided by statute and elected as provided therein. (Ord. No. 'i2-9, 6 2, 3-28-12) Editor's note— Section 2.01 amended by Ord. No. 16363, C.F. 269922, adopted by the city council Nov. 8, 1977, pursuant to Minnesota Statutes, Sec. 410.12, abolishing office of constable for the sixth ward and at large. Section 2.01 further amended, election Nov. 4, 1980; see Resolution, C.F. 275919 and Note 1 following this chapter; further amended by Ord. No 17412, see Note 4 following this chapter. Sec. 2.01.1. a ouncilrnembers. The office of city councilmember shall be a part-time elective position effective the first business day of January 1994. (C.F_ 99-1645, 9-19-991 Sac, 2„02. Terms. The mayor shall hold office for a term of four (4) years and each councilmember shall hold office for a term of four (4) years commencing on the first business day of January of the year following their election and until a successor is elected and qualifies. Note— mended, see notes 2 and ro/G.100g this chapter http://library.municode.com/print.aspx?h=&clientID=10061 &HTMRequest=http%3a%2f... 3/25/2014 Packet Page 59 of 107 Municode Page 1 of 1 c. 4.01. Legislative powe: The legislative power shall be vested in the council, which shall be composed of seven (7) councilmembers. Editor's nota— Section 4.01 amended, election Nov. 4, 1980; see Resolution, C.F. 275919 and Note 1 following Chapter 2, Note --Amended. see Note 4 to Chapter 2. Sec. 4.01.1. Council wards. Each member of the council shah be elected from a separate ward which is substantially equal in population to all other wards. Each councilmember shall be a resident of the ward from which elected. Voters may only vote for a candidate for the council ward seat within which the voters reside. (Ord. No. 12-9, § 2, 3-28-12) Note—Amended, see Note 4 to Chapter 2. Sec. 4.01.2. division of city into wards.] For the purposes of electing city councilmembers, the city shall be divided into seven (7) contiguous wards of substantially equal population, and serially numbered. After every federal decennial census the Charter Commission, after public hearings, shall redistrict in the manner described herein. The commission shall redefine the council wards so as to make them substantially equal. 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. (Ord. No. 12-9, § 2. 3-28-12) Editors note— Ord. No. 12-9, § 2, adopted March 28, 2012, amended the Charter by repealing former § and adding a new § 4.01.2. Former § 4.01.2 pertained to initial districts, and was part of the original Charter. Sec, 4.01.3. Reserved. Editor's note— Ord. No. 12-9, § 2, adopted March 28, 2012, amended the Charter by repealing former § 4.01.3 in its entirety. Former § 4.01.3 pertained to mandatory redistricting, and derived from Ord. No. 11-13, adopted March 2, 2011. http://library.municode.com/print.aspx?h=&clientID=10061 &HTMRequest=http%3 a%2£.. 3/25/2014 Packet Page 60 of 107 Municode Page 1 of 1 St. Pahl, Minnesota, Code of Ordinances » PART II! - ADIVANISTRATIVE CODE » flue Chapter 17. Council 141ard Boundaries » Chapter 17. Council Ward Boundaries Sec. 17.01. Established. Sec_ 17.02_ Descriptions. Sec. 17.01. Estai-Aished. Pursuant to City Charter 4.01.2. and 4.0'1.3, and to the extent applicable, the provisions of Minn. Stats. § 204B. 135, Subd. 1 and 205,84, Subd. 2, council ward boundaries are established. Council ward boundaries may, from time to time, be reestablished in a districting resolution duly adopted by the charter commission or as required by state law. (C.F. No. 03-469. § 1. 6-4-03) Sec. 17.02. Descriptions. There shall be maintained at all times in the office of the city clerk and the council investigation and research center, a complete description of each current council ward boundary as set forth in a charter commission resolution. The said council ward boundary descriptions are hereby incorporated into this chapter as it fully set forth herein. (C.F. Na. 03-469, § 1, 6-4-03; C.F. No. 07-148, § 9, 3-28-07) http://library.municode.com/print.aspx?h=&client1D=10061 &HTMRequest=http%3a%2£.. 3/25/2014 Packet Page 61 of 107 City Council Wards e �I �1 Z IC C VI ;ecaao,.�rou+�<__ao�na 125TH AVE I1A A WAIL - AVM t..� 113TH AVE with WI% 109TH AVE O 7 Mt' 105TH AVE -�- Ilii V■ RI %gni' AVE. 411. to 1 C 125TH AVE i — w N. �I di r C1 D I 10 F.:411"--;: 7-1• ..�:-,.. ,__ , ..,:_..._ .•.: 85TH AVE.... City of Blaine Council Members Mayor - Tom Ryan Ward 1 - Wes Hovland & Dick Swanson Ward 2 - Dave Clark & Mike Bourke Ward 3 - Katherine Kolb & Russ Herbst •V L II 65' u to. 101ST AVE Iil 109TH AVE LEXINGTON AVE ii 95TH AVE6 it 1111.__ NORTH RD,.. Legend 12 Blaine City Hall Ward 1 Ward 2 I l Ward 3 u. ._-...,._.s. 85TH AVE cunl,.r T+. a..rnN G. N., .w.:.e.+.e Yhnwen hen olims .vorx....•,Inisestivapt an. ha la LA. nigmanrscas al, 6,00 tak rtinn ie �wonttawmndam. T. wnnt ..sxwarm.w rtmaarsnl aau..,..,t..c..arro.,:n..aaab..d 0 I 0.5 In Miles Rlaino RAM Map Date: 2/512014 Map Created by City of Blaine GIS Packet Page 62 of 107 Municode Page 1 of 1 Sec. 2.113Elective offices, The council shall be composed of a mayor and six (6) councilmembers who shall be qualified voters of the City of Blaine. To effectuate the lengthening of terms of office of the council, the mayor and the other three (3) counciimembers elected at the regular municipal election in 1993 shall be elected to three (3) year terms, expiring in 1996. The mayor and the other three (3) councilmembers elected at the regular municipal election in 1996 shall be elected to four (4) year terms, expiring in 2000. The three (3) councilmembers elected at the regular municipal election in 1994 shall be elected to four (4) year terms, expiring in 1998. After the regular municipal election of 1996, the members of the council shall be elected to four (4) year terms and shall serve until their successors are elected and qualified. There shall be one councilmember elected from each ward at each regular municipal election. The mayor shall be elected at Targe and shall serve until a successor is elected and qualified. Councilmembers must reside within the ward from which they are elected. If a councilmember moves from such councilmember's elective ward, or if a councilmember is excluded from a ward as a result of redistricting, such councilmember's term of office shall expire on January first, following the next regular city election. (OrrJ. or 11-5-1974: Ord. No. 92-1316, 1-7-1993: Ord. No. 12-2239, 3-15-20121 Sec. 2.03(a). Wards. The City of Blaine shall be divided into three (3) council election wards. The city manager shall re-evaluate the ward boundaries following the certification of the decennial census. 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. The city manager shall prepare a redistricting report which shall be submitted to the charter commission for review and comment. The redistricting report, any charter commission comments, and a redistricting ordinance shall be submitted to the city council for consideration. If the city council does not adopt a redistricting ordinance within the period specified by state law, no compensation may be paid to the mayor or councilmembers until the wards of the city are newly redetermined as required by this charter and state law. (Ord. o[ i l -5-'i974: Ord No 755, 5-1 --1952: C',d. No 9;4268, 1-9-1992 On: No 12-2239. 3 r 391 ) http://libraiy.municode.com/print.aspx?h=&clientlD=19960&HTMRequest=http%3a%2f .. 3/25/2014 Packet Page 63 of 107 Christopher Lyden, Chairperson, Lino Lakes Charter Commission 6275 Holly Drive Lino Lakes, MN 55038 April 10, 2014 Honorable John C. Hoffman Chief Judge, Tenth Judicial District 14949 62nd Street North P.O. Box 3802 Stillwater, MN 55082 Dear Judge Hoffman, As required by state law, please find the following 2013 annual report for the Lino Lakes Charter Commission. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. 2013 Annual Report, Approved by the Lino Lakes Charter Commission, April 10, 2014 Membership We had full membership for 2013 except for the last quarter, after Commissioner Zastrow passed away. Meetings Full meetings of the Charter Commission were held on: February 21, 2013, July 25, 2013, October 10, 2013. Minutes A Charter Commissioner records the minutes for the regular and special meetings held throughout the year. Commission Activity The Commission requested secretarial services from the City Council. The Council decided to pay for Timesavers for two meetings in the year 2013. On the urging of the City Council the Commission voted to have a joint meeting with City Council on the review of Chapter 8. The Council chose to opt out on the Commission's invitation. Refer to letters attached dated, April 22, 2013 and letter July 25, 2013. Adoption of an Ordinance to amend Section 4.02 and Section 8.04, Subdivision 2, of the City Charter to change the filing period to mirror the language of the State Statute. Page 1 of 2 Charter Expenditures Due to a shortage of funds from the City Council, the Charter attorney fees remain unpaid from as far back as the first half of 2009. Five Year Financial Plan In 2013 the City Council has not adopted the Five Year Plan. This status remains unchanged from previous year's reports. Respect ly Submitted, C stopher L den Chairperson, Lino Lakes Charter Commission Seven year commissioner Page 2 of 2 Connie Sutherland, Chairperson, Lino Lakes Charter Commission 889 Main Street Lino Lakes, MN 55014 February 12, 2015 Judge Hoffman Chief Judge, Tenth Judicial District 14949 62nd Street North PO Box 3802 Stillwater, MN 55082 Dear Judge Hoffman: C1TY, ,, OF KE As required by state law, please fmd the following 2014 annual report for the Lino Lakes Charter Commission. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. 2014 Annual Report, Approved by the Lino Lakes Charter Commission, February 12, 2015 Membership We had full membership for 2014. Meetings Full meetings of the Charter Commission were held during the year of 2014 on: January 9, March 24, April 10, June 19, June 25, July 10, July 25, August 1, August 6, August 14 and November 6. Minutes Timesavers recorded the minutes of our regular meetings held on January 9, April 10, July 10 and November 6. A Charter Commissioner recorded the minutes for the special meetings held on all other dates. Commission Activity The Commission presented an amendment of the Charter Section 2.03. Council composition and election to the voters. The proposed ballot language presented was, "Should the city be split into four wards, with one city council member elected from each ward?" The Council refused placement of this item on the ballot for 2014. The Council requested a joint meeting to discuss the "vision of the city". The Commission entertained the idea, and voted to hold the joint agenda item at the regular meeting scheduled for July 10. One day prior to the regular scheduled meeting, the Council requested to postpone the agenda item. No alternatives have been suggested or communicated. Please see attached email from City Clerk, Julie Bartell dated July 9, 2014 (page 3). The Commission reviewed two proposed Chapter 8 amendments presented by the City Council. Motions were brought forward to approve Ordinance 04-14, approve Ordinance 03-14; and approve a revised Ordinance 03-14; all failed. Enclosed is the letter provided to Mayor Reinert on August 8, 2014 (page 4). Charter Expenditures The Charter used the services of Karen Marty to review proposed amendments at an expense of $3,008.75 (unpaid balance of $183.75). Our annual budget from the City is $1,500, of this amount the Charter spent a total of $339.30 on an amendment and ballot language requested by the Charter Commission. The remaining annual budget and the approved additional budget were spent exclusively on the City proposed amendments ($1160.70 of our annual budget, plus an additional $1325 voted and approved by the City Council). The remaining unpaid balance of $183.75 was all work completed in regard to the City proposed changes. Enclosed is the letter submitted to the City Council from the Charter Commission in regard to this matter and the response received from the City Council (pages 5-6). The Charter used the services of Timesavers at an expense of $751.50 for 4 regular meetings held during 2014. This expense was paid by the City without regard to the Charter Commission budget. This service has also been confirmed for the 2015 regular meetings. Five Year Financial Plan In 2014 the City Council has not adopted the Five Year Plan. This status remains unchanged from previous year's reports. Enclosed is a letter submitted to the City Council from the Charter Commission in regard to this matter, no response was received from the City Council on this matter (pages 7-9). Respectfully Submitted, Connie Sutherland Chairperson, Lino Lakes Charter Commission Enclosures (7) Municode Page 1 of 1 c. 4.01. Legislative powe: The legislative power shall be vested in the council, which shall be composed of seven (7) councilmembers. Editor's nota— Section 4.01 amended, election Nov. 4, 1980; see Resolution, C.F. 275919 and Note 1 following Chapter 2, Note --Amended. see Note 4 to Chapter 2. Sec. 4.01.1. Council wards. Each member of the council shah be elected from a separate ward which is substantially equal in population to all other wards. Each councilmember shall be a resident of the ward from which elected. Voters may only vote for a candidate for the council ward seat within which the voters reside. (Ord. No. 12-9, § 2, 3-28-12) Note—Amended, see Note 4 to Chapter 2. Sec. 4.01.2. division of city into wards.] For the purposes of electing city councilmembers, the city shall be divided into seven (7) contiguous wards of substantially equal population, and serially numbered. After every federal decennial census the Charter Commission, after public hearings, shall redistrict in the manner described herein. The commission shall redefine the council wards so as to make them substantially equal. 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. (Ord. No. 12-9, § 2. 3-28-12) Editors note— Ord. No. 12-9, § 2, adopted March 28, 2012, amended the Charter by repealing former § and adding a new § 4.01.2. Former § 4.01.2 pertained to initial districts, and was part of the original Charter. Sec, 4.01.3. Reserved. Editor's note— Ord. No. 12-9, § 2, adopted March 28, 2012, amended the Charter by repealing former § 4.01.3 in its entirety. Former § 4.01.3 pertained to mandatory redistricting, and derived from Ord. No. 11-13, adopted March 2, 2011. http://library.municode.com/print.aspx?h=&clientID=10061 &HTMRequest=http%3 a%2£.. 3/25/2014 Packet Page 60 of 107 Municode Page 1 of 1 St. Pahl, Minnesota, Code of Ordinances » PART II! - ADIVANISTRATIVE CODE » flue Chapter 17. Council 141ard Boundaries » Chapter 17. Council Ward Boundaries Sec. 17.01. Established. Sec_ 17.02_ Descriptions. Sec. 17.01. Estai-Aished. Pursuant to City Charter 4.01.2. and 4.0'1.3, and to the extent applicable, the provisions of Minn. Stats. § 204B. 135, Subd. 1 and 205,84, Subd. 2, council ward boundaries are established. Council ward boundaries may, from time to time, be reestablished in a districting resolution duly adopted by the charter commission or as required by state law. (C.F. No. 03-469. § 1. 6-4-03) Sec. 17.02. Descriptions. There shall be maintained at all times in the office of the city clerk and the council investigation and research center, a complete description of each current council ward boundary as set forth in a charter commission resolution. The said council ward boundary descriptions are hereby incorporated into this chapter as it fully set forth herein. (C.F. Na. 03-469, § 1, 6-4-03; C.F. No. 07-148, § 9, 3-28-07) http://library.municode.com/print.aspx?h=&client1D=10061 &HTMRequest=http%3a%2£.. 3/25/2014 Packet Page 61 of 107 City Council Wards e �I �1 Z IC C VI ;ecaao,.�rou+�<__ao�na 125TH AVE I1A A WAIL - AVM t..� 113TH AVE with WI% 109TH AVE O 7 Mt' 105TH AVE -�- Ilii V■ RI %gni' AVE. 411. to 1 C 125TH AVE i — w N. �I di r C1 D I 10 F.:411"--;: 7-1• ..�:-,.. ,__ , ..,:_..._ .•.: 85TH AVE.... City of Blaine Council Members Mayor - Tom Ryan Ward 1 - Wes Hovland & Dick Swanson Ward 2 - Dave Clark & Mike Bourke Ward 3 - Katherine Kolb & Russ Herbst •V L II 65' u to. 101ST AVE Iil 109TH AVE LEXINGTON AVE ii 95TH AVE6 it 1111.__ NORTH RD,.. Legend 12 Blaine City Hall Ward 1 Ward 2 I l Ward 3 u. ._-...,._.s. 85TH AVE cunl,.r T+. a..rnN G. N., .w.:.e.+.e Yhnwen hen olims .vorx....•,Inisestivapt an. ha la LA. nigmanrscas al, 6,00 tak rtinn ie �wonttawmndam. T. wnnt ..sxwarm.w rtmaarsnl aau..,..,t..c..arro.,:n..aaab..d 0 I 0.5 In Miles Rlaino RAM Map Date: 2/512014 Map Created by City of Blaine GIS Packet Page 62 of 107 Municode Page 1 of 1 Sec. 2.113Elective offices, The council shall be composed of a mayor and six (6) councilmembers who shall be qualified voters of the City of Blaine. To effectuate the lengthening of terms of office of the council, the mayor and the other three (3) counciimembers elected at the regular municipal election in 1993 shall be elected to three (3) year terms, expiring in 1996. The mayor and the other three (3) councilmembers elected at the regular municipal election in 1996 shall be elected to four (4) year terms, expiring in 2000. The three (3) councilmembers elected at the regular municipal election in 1994 shall be elected to four (4) year terms, expiring in 1998. After the regular municipal election of 1996, the members of the council shall be elected to four (4) year terms and shall serve until their successors are elected and qualified. There shall be one councilmember elected from each ward at each regular municipal election. The mayor shall be elected at Targe and shall serve until a successor is elected and qualified. Councilmembers must reside within the ward from which they are elected. If a councilmember moves from such councilmember's elective ward, or if a councilmember is excluded from a ward as a result of redistricting, such councilmember's term of office shall expire on January first, following the next regular city election. (OrrJ. or 11-5-1974: Ord. No. 92-1316, 1-7-1993: Ord. No. 12-2239, 3-15-20121 Sec. 2.03(a). Wards. The City of Blaine shall be divided into three (3) council election wards. The city manager shall re-evaluate the ward boundaries following the certification of the decennial census. 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. The city manager shall prepare a redistricting report which shall be submitted to the charter commission for review and comment. The redistricting report, any charter commission comments, and a redistricting ordinance shall be submitted to the city council for consideration. If the city council does not adopt a redistricting ordinance within the period specified by state law, no compensation may be paid to the mayor or councilmembers until the wards of the city are newly redetermined as required by this charter and state law. (Ord. o[ i l -5-'i974: Ord No 755, 5-1 --1952: C',d. No 9;4268, 1-9-1992 On: No 12-2239. 3 r 391 ) http://libraiy.municode.com/print.aspx?h=&clientlD=19960&HTMRequest=http%3a%2f .. 3/25/2014 Packet Page 63 of 107 Christopher Lyden, Chairperson, Lino Lakes Charter Commission 6275 Holly Drive Lino Lakes, MN 55038 April 10, 2014 Honorable John C. Hoffman Chief Judge, Tenth Judicial District 14949 62nd Street North P.O. Box 3802 Stillwater, MN 55082 Dear Judge Hoffman, As required by state law, please find the following 2013 annual report for the Lino Lakes Charter Commission. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. 2013 Annual Report, Approved by the Lino Lakes Charter Commission, April 10, 2014 Membership We had full membership for 2013 except for the last quarter, after Commissioner Zastrow passed away. Meetings Full meetings of the Charter Commission were held on: February 21, 2013, July 25, 2013, October 10, 2013. Minutes A Charter Commissioner records the minutes for the regular and special meetings held throughout the year. Commission Activity The Commission requested secretarial services from the City Council. The Council decided to pay for Timesavers for two meetings in the year 2013. On the urging of the City Council the Commission voted to have a joint meeting with City Council on the review of Chapter 8. The Council chose to opt out on the Commission's invitation. Refer to letters attached dated, April 22, 2013 and letter July 25, 2013. Adoption of an Ordinance to amend Section 4.02 and Section 8.04, Subdivision 2, of the City Charter to change the filing period to mirror the language of the State Statute. Page 1 of 2 Charter Expenditures Due to a shortage of funds from the City Council, the Charter attorney fees remain unpaid from as far back as the first half of 2009. Five Year Financial Plan In 2013 the City Council has not adopted the Five Year Plan. This status remains unchanged from previous year's reports. Respect ly Submitted, C stopher L den Chairperson, Lino Lakes Charter Commission Seven year commissioner Page 2 of 2 Connie Sutherland, Chairperson, Lino Lakes Charter Commission 889 Main Street Lino Lakes, MN 55014 February 12, 2015 Judge Hoffman Chief Judge, Tenth Judicial District 14949 62nd Street North PO Box 3802 Stillwater, MN 55082 Dear Judge Hoffman: C1TY, ,, OF KE As required by state law, please fmd the following 2014 annual report for the Lino Lakes Charter Commission. This report seeks to outline major activities and concerns of the Commission as discussed in Charter meetings. 2014 Annual Report, Approved by the Lino Lakes Charter Commission, February 12, 2015 Membership We had full membership for 2014. Meetings Full meetings of the Charter Commission were held during the year of 2014 on: January 9, March 24, April 10, June 19, June 25, July 10, July 25, August 1, August 6, August 14 and November 6. Minutes Timesavers recorded the minutes of our regular meetings held on January 9, April 10, July 10 and November 6. A Charter Commissioner recorded the minutes for the special meetings held on all other dates. Commission Activity The Commission presented an amendment of the Charter Section 2.03. Council composition and election to the voters. The proposed ballot language presented was, "Should the city be split into four wards, with one city council member elected from each ward?" The Council refused placement of this item on the ballot for 2014. The Council requested a joint meeting to discuss the "vision of the city". The Commission entertained the idea, and voted to hold the joint agenda item at the regular meeting scheduled for July 10. One day prior to the regular scheduled meeting, the Council requested to postpone the agenda item. No alternatives have been suggested or communicated. Please see attached email from City Clerk, Julie Bartell dated July 9, 2014 (page 3). The Commission reviewed two proposed Chapter 8 amendments presented by the City Council. Motions were brought forward to approve Ordinance 04-14, approve Ordinance 03-14; and approve a revised Ordinance 03-14; all failed. Enclosed is the letter provided to Mayor Reinert on August 8, 2014 (page 4). Charter Expenditures The Charter used the services of Karen Marty to review proposed amendments at an expense of $3,008.75 (unpaid balance of $183.75). Our annual budget from the City is $1,500, of this amount the Charter spent a total of $339.30 on an amendment and ballot language requested by the Charter Commission. The remaining annual budget and the approved additional budget were spent exclusively on the City proposed amendments ($1160.70 of our annual budget, plus an additional $1325 voted and approved by the City Council). The remaining unpaid balance of $183.75 was all work completed in regard to the City proposed changes. Enclosed is the letter submitted to the City Council from the Charter Commission in regard to this matter and the response received from the City Council (pages 5-6). The Charter used the services of Timesavers at an expense of $751.50 for 4 regular meetings held during 2014. This expense was paid by the City without regard to the Charter Commission budget. This service has also been confirmed for the 2015 regular meetings. Five Year Financial Plan In 2014 the City Council has not adopted the Five Year Plan. This status remains unchanged from previous year's reports. Enclosed is a letter submitted to the City Council from the Charter Commission in regard to this matter, no response was received from the City Council on this matter (pages 7-9). Respectfully Submitted, Connie Sutherland Chairperson, Lino Lakes Charter Commission Enclosures (7) '' EAGU E of MINNESOTA CITIES January 13, 2016 City of Lino Lakes Charter Commission Chair 600 Town Center Parkway Lino Lakes, MN 55014 Dear Lino Lakes Charter Commission, 1)15-64. .\1\A. I11112oIt, CONNECTING & INNOVATING SINCE 1913 This letter describes how the League's Charter Assistance Program performs charter review services. Pursuant to Minnesota Statute § 410.06, subd. 1, the charter commission may request assistance of legal counsel for charter revision and amendment. At the commission's request, the League is therefore able to provide charter review services by one of its staff attorneys. Charter review for the Lino Lakes charter commission includes review of the existing charter and recommendations for revisions. I will review the existing charter and provide viewpoint -neutral analysis and commentary in a written memorandum. I read charter provisions for conflicts with state or federal laws and court decisions. I also make recommendations to assure the charter complies with current principles of good governance, including charter fundamentals like a comprehensive grant of power, and providing for a workable, responsive organization of the city government. Additionally, I read the charter for internal consistency, brevity, clarity and mechanical errors. At the charter commission's request, I will also appear at a meeting to discuss the commentary and respond to questions. The cost of initial charter review, and attendance at one meeting if requested, is $75.00 per hour with a maximum charge of $750.00, plus any costs for mileage and overnight expenses. The League will send the bill to the Charter Commission Chair at the completion of the initial review. Any subsequent charter review or attendance at additional meetings will also be at a rate of $75.00 per hour. While I am working on behalf of the charter commission, my intent is to keep the city fully informed while in the review process. Therefore, any attorney/client relationship created between myself and the charter commission is waived with respect to the city council and the city's chief administrative officer. Additionally, I cannot begin the charter review until and unless the city is informed that the charter commission has agreed to seek review services from the League's Charter Assistance Program. The League reserves the right not to proceed with charter review upon the city's objection. The city will also receive any and all documents and reports generated from the charter review. Your city is a League member, so it is important that we have their support for any work I undertake on behalf of the Charter commission. 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1299 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 9251122 WEB: WWW.LMC.ORG City of Lino Lakes January 13, 2016 Page 2 Before I begin review, please sign and return a copy of this letter to show that the charter commission understands and accepts the terms I've described. You can mail it to the League's Charter Assistance Program, Attn. Amber Eisenschenk, 145 University Avenue West, St. Paul, MN 55103, or fax it to 651-215-4127. Thank you for your request. I look forward to working with you. Sincerely, Amber G. Eisenschenk 1 Staff Attorney Tel: 651-281-1227 Cell: 612-750-4825 Fax: 651-215-4127 aeisenschenk(c�lmc.orq 1 www.lmc.orq League of Minnesota Cities 145 University Ave. West 1St. Paul, MN 55103 Accepted by: , Charter Commission Chair Date: Cc: Jeff Karlson, City Administrator Julie Bartell From: Caroline Dahl <denali2010@q.com> Sent: Wednesday, January 13, 2016 5:34 PM To: Julie Bartell Subject: Fwd: Inquiry Attachments: Charter Review Agreement -Lino Lakes-20160113.pdf Importance: High Julie, Will you please make copies for the commissioners from the above attachment? Thank you Caroline From: "Amber Eisenschenk" <aeisenschenk@lmc.org> To: "denali2010@q.com" <denali2010@q.com> Sent: Wednesday, January 13, 2016 5:03:25 PM Subject: RE: Inquiry Caroline, This email is to follow up with you regarding assistance with amendments to the Lino Lakes charter. I have attached a sample contract that explains our Charter Assistance program in detail. I thought this might be helpful to have before your next meeting if it is something you think the commission might be interested in. If you have any questions, please let me know. Kind regards, Amber G. Eisenschenk 1 Staff Attorney Tel: 651-281-1227 Cell: 612-750-4825 Fax: 651-215-4127 aeisenschenklmc.orq I www.lmc.org League of Minnesota Cities 145 University Ave. West I St. Paul, MN 55103 This response is intended to convey general information and should not be taken as legal advice or as a substitute for competent legal guidance. Consult your city attorney for advice regarding specific situations. From: Behr, Jeanette Sent: Wednesday, January 13, 2016 4:42 PM To: 'denali2010@q.com' <denali2010@q.com> Cc: Eisenschenk, Amber <aeisenschenk@lmc.org> Subject: Inquiry Hello Caroline Dahl, 1 Thank you for submitting this inquiry on line today: The Lino Lakes Charter Commission has been struggling with amendments for our Charter. It has been suggested to us the LMC may be able to advise us regarding changing our Charter to provide for the establishment of wards. Our Charter meeting is this Thursday at 6:30 pm, please advise if possible before our meeting. As we discussed by phone today, the League's Charter Assistance Program may be able to provide your commission with assistance but it depends on a number of factors, to be determined. I have copied Staff Attorney Amber Eisenschenk, the Charter Attorney who works on this program, with this message. As you noted, we will not have a definitive response for you on this assistance by tonight. One important factor that the Charter Assistance Program requires is agreement on the work to be done by the council and the commission and a signed contract. Amber will provide information on that as you explore the possibility of assistance. Amber can be reached 651.281. 1227 or aeisenschenk@lmc.org Thank you for your time today and for contacting the League of Minnesota Cities. Jeanette Behr, J.D. I Research Manager Tel: 651.281.1228 1 Fax: 651.215.4128 jbehr@lmc.org 1 www.lmc.org League of Minnesota Cities 145 University Avenue West 1 St. Paul, MN 55119 Research Q of the Week: City Funds, Drones, Social Media—Top 5 from 2015 (1/7/15) Please note, this information is not legal advice and is not a substitute for competent legal guidance. Consult your attorney concerning specific legal situations. 2 Charter Commission — Errors & Omissions Insurance (Insurance coverage indicated in the following message was reconfirmed 1/13/2016) From: Pat Kelly[mailto:pat@kellyinsuranceagency.com] Sent: Wednesday, December 07, 2011 8:50 AM To: Paula Schloer<paula.schloer@ci.Iino-Iakes.mn.us> Subject: Charter Commission Paula, the City of Lino Lakes insurance policy defines coverage to include commissions and commissioners for all covered claims. We have confirmed with our underwriter that this definition includes damages resulting from the errors or omissions of the Charter Commission and their commissioners. Please feel free to direct any of the commissioners to call me directly regarding this coverage. Thank you, Patrick J. Kelly, CPCU Kelly Agency 3470 Washington Drive #122 St Paul, MN 55122 (p) 651-452-5752 (f) 651-452-5286 (c) 651-270-8555