2005_0516_Packet - Laserfiche WebLink

Home

RATWIK, ROSZAK & MALONEY, P.A. Attorneys at Law Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terrence J. Foy* Stephen G. Andersen** Scott T. Anderson Kevin J. Rupp Jay T. Squires* j' Ann R. Goering Nancy E. Blumstein* Joseph J. Langel Michael J. Waldspurger* Margaret A. Skelton Amy E. Mace Isaac Kaufman Eric J. Quiring 300 U.S. Trust Building 730 Second Avenue South Minneapolis, Minnesota 55402 (612) 339-0060 Fax (612) 339-0038 www.ratwiklaw.com May 10, 2005 Mr. Neal Beets City Manager City of Roseville 2660 Civic Center Drive Roseville, MN 55113-1899 RE: Advisory Elections Our File No. 4002(1)-0001 Dear Mr. Beets: Date: 05/16/05 Item: 9.a Twin Lakes Advisory Referendum Stacey L. Wilson Eric L. Hedtke Kimberley K. Sobieck Sonya J. Guggemos Jennifer L. Wolf Dawit Haile Nicole L. Tuescher * Also admitted in Wisconsin ** Civil Trial Specialist Certified by the Minnesota State Bar Association f Real Property Law Specialist Certified by the Minnesota State Bar Association This letter is in regard to recent questions regarding whether the City may hold an advisory election concerning Twin Lakes. Specifically, whether it is a proper public expenditure to hold an advisory election, whether such an election can be held if the costs are paid by donations, and whether such an election can be held in conjunction with the upcoming general City election. Interestingly, the Village of Roseville presented similar questions to the Minnesota Attorney General. in 1961 with regard to the establishment of a municipal water system.l There, the Attorney General stated that an advisory election could not be held because there was no statutory authority to do so and public funds could not be expended for such an election. The opinion added because there was no authority for such an election, it did not matter if the costs of an advisory election would be slight or that they would be paid by donations. ' Minn. A.G. Op. 185-B-2, Aug. 22, 1961. (Copy attached.)