HomeMy WebLinkAbout08-01-2014 Charter PacketLINO LAKES CHARTER COMMISSION
SPECIAL MEETING AGENDA
FRIDAY, AUGUST 1
6:30 PM -9:00 PM
1. Call to Order and Roll Call 6:30 PM
2. Pledge of Allegiance
3. Continued discussion of City Council Proposed Charter Amendments (Chapter 8) and
Response to City Council with Attorney Karen Marty
4. New Business
A. Next regular meeting date, Thursday, October 9, 2014
Adjournment 9:00 PM
Connie Sutherland
Chair
Kathryn Timm Caroline Dahl
Vice Chair Secretary
Memorandum to the City Council:
This proposal modifies Ordinance 03-14 by directly authorizing special assessment
projects to replace existing infrastructure. Only new infrastructure and new improvements would
be subject to the restrictions presently in the Charter. This greatly simplifies the process and
should lower bonding costs, because the only Charter requirements for repair and replacement of
existing infrastructure would be certain local pre -project -approval requirements, and a cap on the
amount of the project that may be specially assessed. The city could easily provide an affidavit
that all local requirements have been met, as normally required for bonding, without unusual or
increased risk of litigation or uncertainty.
Existing infrastructure and new improvements are bifurcated. The intent is to allow
repair and replacement of infrastructure "like for like". In other words, if an existing paved road
contains curb, gutter, city water lines, but no sanitary sewer, it may be repaired or fully
reconstructed with curb, gutter, and water lines, but no sanitary sewer. If an existing paved road
does not contain any public utilities, it may be repaired or replaced with new pavement, but no
public utilities may be added.
For new improvements, such as installing sewer and water where none previously
existed, the City has a new option. If it can persuade the neighborhood that this improvement
should be installed, then that improvement also may proceed under Minn. Stat. Chapter 429.
Procedural protections are included in the Charter to ensure that the neighborhood consents to the
improvement — this protects the City from individuals later claiming they did not consent, as well
as guaranteeing that the neighborhood receives timely information about the scope of an
improvement project.
Of course, the City may continue to propose projects without regard to neighborhood
concerns. Those projects may be bonded, paid for with state aid funds, or financed in other
creative manners outside the special assessment process.
If the City Council wishes to place this matter on the ballot, the following ballot wording
is recommended: "Shall the City Charter be amended so that the right to petition to halt a public
improvement project no longer applies to repair and replacement of streets and other public
improvements on a like -for -like basis?"
The Lino Lakes Charter Commission recommends adoption of Ordinance 03-14, with the
following changes:
Section 8.01. Public Improvements; definitions.
Subdivision 1. For the purposes of this Charter, the following definitions shall apply.
A. "Additional improvements" means all improvements made under authority
granted by Minn. Stat. Chapter 429, other than Existing Improvements as defined below.
B. "Affected property owner" means the owner or owners of property abutting the
improvement project, plus the owner or owners of any other property which might be specially
assessed as a result of the improvement project.
C. "Existing improvements" means those improvements that have been in place
at least two full calendar years prior to the neighborhood meeting described in Section 8.02
below.
D. "Public improvements" refers to both "existing improvements" and
"additional improvements" as defined herein.
E. "Work on existing improvements" means any repair or replacement of existing
improvements with equivalent improvements. Minimal changes or upgrades may be included, if
they do not significantly alter the cost, scope, or impact of the work. "Work on existing
improvements" does not include installing any sewer, water, sidewalk, or other improvement
where such improvement is not presently in existence.
Subdivision 2. For the purposes of any consent, objection or petition under this Chapter,
(a) only one person or entity may sign a consent, objection or petition on behalf of all owners of a
parcel; (b) if the same person or entity owns more than one parcel affected by a improvement,
that person or entity may sign a consent, objection or petition only once; and (c) for the purpose
of identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such improvements. The
principal amount of special assessments for any improvement shall not exceed the cost of
the improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.04.
Section 8.02. Improvement Procedure.
Subdivision 1. Procedures applicable to all improvements.
A. Before recommending any improvement project to the City Council, the city
engineer shall hold a neighborhood meeting to discuss the project.
B. At least ten days prior to the neighborhood meeting, the city engineer shall
notify all affected property owners of the meeting by email, fax, text message, personal service,
first class mail, or equivalent method, personally addressed to the individual property owner.
C. At the neighborhood meeting the city engineer shall describe proposed work
on the existing improvements, plus any additional improvements being considered.
D. Up to 10% of the cost of work on existing improvements may be specially
assessed to the affected property owners. �...
Subdivision 2. Work on existing improvements. Subject to the requirements of
Subdivision, work on existing improvements may be specially assessed in accordance with Minn.
Stat. Chapter 429.
Subdivision 3. Consent to additional improvements.
A. The city engineer shall bring a consent form or forms identifying each of the
proposed additional improvements to the neighborhood meeting described in Subdivision 1
above. The consent form(s) shall have spaces for affected property owners to initial or otherwise
indicate their approval for some or all of such additional improvements.
B. The city engineer shall tally the consents received for each of the proposed
additional improvements. If the owners of 70% or more of the property to be specially assessed
for a specific additional improvement consent, that additional improvement shall be considered
an existing improvement for purposes of Subdivision 2 above.
C. If the tally of consents does not meet paragraph B above, the additional
improvement or improvements may not be specially assessed unless the special assessment
procedure in Subdivision 4 below is followed.
Subdivision 4. Additional improvements without consent.
A. Additional improvements must either (1) receive the consent of at least
twenty-five percent (25%) of the affected property owners, or (2) be authorized by a four-fifths
(4/5) majority vote of the City Council.
B. Consideration of the improvement project may then proceed in accordance
with Minn. Stat. Chapter 429, through the public hearing on the project. Then a period of sixty
(60) days shall elapse after the public hearing before any further action shall be taken by the
Council on the proposed improvement.
C. Affected property owners opposed to additional improvements may, within
this sixty-day period, file with the city clerk a petition or written objection to any or all of the
additional improvements. The City Council shall may not specially assess any additional
improvement which is objected to by the greater of (a) 25% of the affected property owners, or
(b) one more affected property owner than signed consents to the additional improvement(s),
then the City Council may specially assess such additional improvement(s) only after obtaining
approval of a majority of the voters voting on the question at a general or special election. The
ballot shall generally describe the proposed additional improvement(s), the estimated principal
amount of any bonds to be issued to finance the public improvement(s) and the estimated
percentage of total debt service on the bonds expected to be paid from ad valorem taxes.
D. If the voters do not approve additional improvement(s) and issuance of bonds
therefor at an election required by paragraph C above, the provisions of Minn. Stat. § 475.58,
subd. la shall apply.
Section 8.03. (As provided in City Council proposal 03-14.)
Section 8.04. (As provided in City Council proposal 03-14.)
Julie Bartell
cls <clsutherland@gmail.com>
..ent: Tuesday, July 29, 2014 9:54 AM
To: Jeff Karlson
Cc: Caroline Dahl (denali2010@Q.com); Kathryn (kmtimm@msn.com); Julie Bartell
Subject: Re: Budget Request
Jeff,
Thank you for your response. The funding is specifically for the fee's of Attorney Karen Marty in her
attendance and take -away work on the two proposed amendments presented to the Charter Commission. The
funding is not for any other purpose or use.
We have another Special Meeting scheduled with Attorney Marty on August 1. At this point, based on our
available remaining budget and the pending invoice from the special meeting on July 25, 2014, we run the risk
of not being able to complete the review process we have undertaken.
For the purposes of providing additional information as you have requested; it would be my interpretation that
the Council would have the ability to approve an amount up to $3,400. If I were to estimate based on the great
progress at the last meeting, we are looking at approximately 3-5 hours of Attorney Marty's time (that includes
research/time outside of the meeting) that would exceed our current budget. Attorney Marty bills us at $145 an
hour.
Ie are under time constraints at this point and without additional funding there is a real risk that we will not be
able to complete the review of the ordinances and provide an adequate response. The Commission, as noted by
the additional special meetings, is committed to providing a well researched and drafted response.
Truly,
Connie Sutherland
Chair, LL Charter Commission
On Tue, Jul 29, 2014 at 8:54 AM, Jeff Karlson<Jeff.karlson(&,ci.lino-lakes.mn.us> wrote:
Connie,
The City Council discussed the Charter Commission's request for additional funds to have your attorney
present at your special meetings and to review the two ordinances proposed by the council.
I was directed to obtain more information from the Charter Commission that specifically describes what the
ending request is for. Councilmembers commented that $3,400 was an extravagant request.
i
Jeff Karison — City Administrator
City of Lino Lakes
o00 Town Center Pkwy
Lino Lakes. MN 55014-1182
651-982-2405
651-982-2499 fax
j eff.karlson( ci.lino-lake s.mn.us
2
The Lino Lakes Charter Commission recommends adoption of Ordinance 03-14, with the
following changes:
Section 8.01. Public Improvements; definitions.
Subdivision 1. For the purposes of this Charter, the following definitions shall apply.
A. "Additional improvements" means all improvements made under authority
granted by Minn Stat. Chapter 429, other than Existing Improvements as defined below.
B. "Affected property owner" means the owner or owners of property abutting the
improvement project, plus the owner or owners of any other property which might be specially
assessed as a result of the improvement project.
C. "Existing improvements" means those improvements that have been in place
at least two full calendar years prior to the neighborhood meeting described in Section 8.02
below.
D. "Public improvements" refers to both "existing improvements" and
"additional improvements" as defined herein.
E. "Work on existing improvements" means any repair or replacement of existing
improvements with equivalent improvements. Minimal changes or upgrades may be included, if
they do not significantly alter the cost, scope, or impact of the work. "Work on existing
improvements" does not include installing any sewer, water, sidewalk, or other improvement
where such improvement is not presently in existence.
Subdivision 2. For the purposes of any consent, objection or petition under this Chapter,
(a) only one person or entity may sign a consent, objection or petition on behalf of all owners of a
parcel; (b) if the same person or entity owns more than one parcel affected by a improvement,
that person or entity may sign a consent, objection or petition only once; and (c) for the purpose
of identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such improvements. The
principal amount of special assessments for any improvement shall not exceed the cost of
the improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.04.
Section 8.02. Improvement Procedure.
Subdivision 1. Procedures applicable to all improvements.
A. Before recommending any improvement project to the City Council, the city
engineer shall hold a neighborhood meeting to discuss the project.
B. At least ten days prior to the neighborhood meeting, the city engineer shall
notify all affected property owners of the meeting by email, fax, text message, personal service,
first class mail, or equivalent method, personally addressed to the individual property owner.
C. At the neighborhood meeting the city engineer shall describe proposed work
on the existing improvements, plus any additional improvements being considered.
D. Up to 10% of the cost of work on existing improvements may be specially
assessed to the affected property owners. �..
Subdivision 2. Work on existing improvements. Subject to the requirements of
Subdivision, work on existing improvements may be specially assessed in accordance with Minn
Stat. Chapter 429.
Subdivision 3. Consent to additional improvements.
A. The city engineer shall bring a consent form or forms identifying each of the
proposed additional improvements to the neighborhood meeting described in Subdivision 1
above. The consent form(s) shall have spaces for affected property owners to initial or otherwise
indicate their approval for some or all of such additional improvements.
B. The city engineer shall tally the consents received for each of the proposed
additional improvements. If the owners of 70% or more of the property to be specially assessed
for a specific additional improvement consent, that additional improvement shall be considered
an existing improvement for purposes of Subdivision 2 above.
C. If the tally of consents does not meet paragraph B above, the additional
improvement or improvements may not be specially assessed unless the special assessment
procedure in Subdivision 4 below is followed.
Subdivision 4. Additional improvements without consent.
A. Additional improvements must either (1) receive the consent of at least
twenty-five percent (25%) of the affected property owners, or (2) be authorized by a four-fifths
(4/5) majority vote of the City Council.
B. Consideration of the improvement project may then proceed in accordance
with Minn Stat. Chapter 429, through the public hearing on the project. Then a period of sixty
(60) days shall elapse after the public hearing before any further action shall be taken by the
Council on the proposed improvement.
C. Affected property owners opposed to additional improvements may, within
this sixty-day period, file with the city clerk a petition or written objection to any or all of the
additional improvements. The City Council shall may not specially assess any additional
improvement which is objected to by the greater of (a) 25% of the affected property owners, or
(b) one more affected property owner than signed consents to the additional improvement(s),
then the City Council may specially assess such additional improvement(s) only after obtaining
approval of a majority of the voters voting on the question at a general or special election. The
ballot shall generally describe the proposed additional improvement(s), the estimated principal
amount of any bonds to be issued to finance the public improvement(s) and the estimated
percentage of total debt service on the bonds expected to be paid from ad valorem taxes.
D. If the voters do not approve additional improvement(s) and issuance of bonds
therefor at an election required by paragraph C above, the provisions of Minn Stat. § 475.58,
subd. la shall apply.
Section 8.03. (As provided in City Council proposal 03-14.)
Section 8.04. (As provided in City Council proposal 03-14.)
The Lino Lakes Charter Commission recommends adoption of Ordinance 03-14, with the
following changes:
Section 8.01. Public Improvements; definitions.
Subdivision 1. For the purposes of this Charter, the following definitions shall apply.
A. "Additional improvements" means all improvements made under authority
granted by Minn Stat. Chapter 429, other than Existing Improvements as defined below.
B. "Affected property owner" means the owner or owners of property abutting the
improvement project, plus the owner or owners of any other property which might be specially
assessed as a result of the improvement project.
C. "Existing improvements" means those improvements that have been in place
at least two full calendar years prior to the neighborhood meeting described in Section 8.02
below.
D. "Public improvements" refers to both "existing improvements" and
"additional improvements" as defined herein.
E. "Work on existing improvements" means any repair or replacement of existing
improvements with equivalent improvements. Minimal changes or upgrades may be included, if
they do not significantly alter the cost, scope, or impact of the work. "Work on existing
improvements" does not include installing any sewer, water, sidewalk, or other improvement
where such improvement is not presently in existence.
Subdivision 2. For the purposes of any consent, objection or petition under this Chapter,
(a) only one person or entity may sign a consent, objection or petition on behalf of all owners of a
parcel; (b) if the same person or entity owns more than one parcel affected by a improvement,
that person or entity may sign a consent, objection or petition only once; and (c) for the purpose
of identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such improvements. The
principal amount of special assessments for any improvement shall not exceed the cost of
the improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.04.
Section 8.02. Improvement Procedure.
Subdivision 1. Procedures applicable to all improvements.
A. Before recommending any improvement project to the City Council, the city
engineer shall hold a neighborhood meeting to discuss the project.
B. At least ten days prior to the neighborhood meeting, the city engineer shall
notify all affected property owners of the meeting by email, fax, text message, personal service,
first class mail, or equivalent method, personally addressed to the individual property owner.
C. At the neighborhood meeting the city engineer shall describe proposed work
on the existing improvements, plus any additional improvements being considered.
D. Up to 10% of the cost of work on existing improvements may be specially
assessed to the affected property owners.
Subdivision 2. Work on existing improvements. Subject to the requirements of
Subdivision, work on existing improvements may be specially assessed in accordance with Minn.
Stat. Chapter 429.
Subdivision 3. Consent to additional improvements.
A. The city engineer shall bring a consent form or forms identifying each of the
proposed additional improvements to the neighborhood meeting described in Subdivision 1
above. The consent form(s) shall have spaces for affected property owners to initial or otherwise
indicate their approval for some or all of such additional improvements.
B. The city engineer shall tally the consents received for each of the proposed
additional improvements. If the owners of 70% or more of the property to be specially assessed
for a specific additional improvement consent, that additional improvement shall be considered
an existing improvement for purposes of Subdivision 2 above.
C. If the tally of consents does not meet paragraph B above, the additional
improvement or improvements may not be specially assessed unless the special assessment
procedure in Subdivision 4 below is followed.
Subdivision 4. Additional improvements without consent.
A. Additional improvements must either (1) receive the consent of at least
twenty-five percent (25%) of the affected property owners, or (2) be authorized by a four-fifths
(4/5) majority vote of the City Council.
B. Consideration of the improvement project may then proceed in accordance
with Minn. Stat. Chapter 429, through the public hearing on the project. Then a period of sixty
(60) days shall elapse after the public hearing before any further action shall be taken by the
Council on the proposed improvement.
C. Affected property owners opposed to additional improvements may, within
this sixty-day period, file with the city clerk a petition or written objection to any or all of the
additional improvements. The City Council shall may not specially assess any additional
improvement which is objected to by the greater of (a) 25% of the affected property owners, or
(b) one more affected property owner than signed consents to the additional improvement(s),
then the City Council may specially assess such additional improvement(s) only after obtaining
approval of a majority of the voters voting on the question at a general or special election. The
ballot shall generally describe the proposed additional improvement(s), the estimated principal
amount of any bonds to be issued to finance the public improvement(s) and the estimated
percentage of total debt service on the bonds expected to be paid from ad valorem taxes.
D. If the voters do not approve additional improvement(s) and issuance of bonds
therefor at an election required by paragraph C above, the provisions of Minn. Stat. § 475.58,
subd. la shall apply.
Section 8.03. (As provided in City Council proposal 03-14.)
Section 8.04. (As provided in City Council proposal 03-14.)