10-13-2011 Charter Packet - Laserfiche WebLink

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CITY COUNCIL WORK SESSION September 6, 2011 APPROVED 91 there should be some discussion with the property owner about the nuisance concerns at 92 the property — those things that can be addressed outside of the use. Mr. Montain 93 indicated that he would get together with staff to work on those immediate concerns. 94 95 3. Charter Amendments — Administrator Karlson noted that the city received two 96 charter amendment proposals from the Lino Lakes Charter Commission. In order to 97 provide information to the council on these proposals, the city attorney has reviewed the 98 Chapter 1 amendment and the city's financial advisor, Ms. Terri Heaton of Springsted, 99 has reviewed the Chapter 7 amendment that relates to a tax cap. Their respective written too reports are included in the council packet. 101 102 City Attorney Langel reviewed his written report, noting that the council is being asked to 103 allow certain changes to the city charter (by a unanimous vote). Overall, he explained 104 that city charters are typically very straightforward documents. The proposed amendment 105 to Chapter 1 addresses how the Charter Commission may operate and not the city as 106 charters more appropriately do. He questions if that is appropriate. Further he explained 107 that charter commissions have only the powers granted to them by state statute; the 108 amendment appears to be an attempt to add authority and he questions if that authority 109 even exists. He noted that the proposed amendments do not appear to further effectuate 110 the exercise of governmental functions by the city which should be the primary purpose 111 of charter amendments. 112 113 Administrator Karlson reviewed Ms. Heaton's report on the Chapter 7 amendment, 114 noting that the report indicates that overall the concern is that certain restrictions may 115 impact the city's ability to meet financial obligations.. There is concern about the lack of 116 flexibility and the inability to allow corrections to meet economic demands. And one of 117 the biggest concerns is how the levy limit would be calculated since the language is 118 difficult to interpret. Ms. Heaton's memo also addresses questions about possible impact 119 on the city's credit rating. 120 121 A council member suggested that it is the council's job to decide what is needed for the 122 city and the proposal could be limiting as far as what happens when the economy turns 123 around; it could even leave a situation where the city may tax more than it needs. 124 125 The mayor noted that the city's chosen form of government is to elect officials who dig 126 into details and make decisions. He has been told by a charter commissioner that the 127 amendments were drafted by their attorney. The council should be receiving information 128 about the need for these amendments from the commission as well as from the city 129 attorney and financial analyst. The council should be open to the commission's 130 explanation. Without being able to understand the amendments, however, how can the 131 council act upon them? 132 133 City Attorney Langel noted that the council does not have authority to change the 134 language of the amendments; any change would have to be resubmitted. 135