HomeMy WebLinkAbout10-13-2011 Charter PacketLINO LAKES CHARTER COMMISSION
QUARTERLY MEETING
AGENDA
6:30 PM
Thursday, October 13, 2011
1. Call to Order and Roll Call 6:30 PM
2. Pledge of Allegiance
3. Setting the Agenda: Addition or Deletion of agenda items
4. Open Mike / Public Comment
5. Minutes:
a) Minuets, corrected minutes
6. Unfinished Business
A. Corrected minutes
B. Charter Amendments / Commissioner Trehus
C. Meeting Rules / By Laws
D. Upcoming Charter Appointments / Re -appointments / Applications
E. Charter History / Commissioners Storberg, Drennen
F. Charter Agreement with Karen Marty, expenses incurred
7. New Business
A. Goals for 2012
B. Next meeting date, Thursday, January 12, 2012
Adjournment
Caroline Dahl Christopher Lyden Kelly Gunderson
Chair Vice Chair Secretary
HAND DELIVERED July 29, 2011
Dear Mayor and City Council of Lino Lakes,
On July 28, 2011, the Lino Lakes Charter Commission unanimously voted affirmatively to adopt
two (2) separate amendments to the City Charter by ordinance, in accordance with Minn. Stat. §§
410.12 Subd. 7. We are now moving these two amendments forward in that process, and
recommend that both amendments be adopted as soon as possible for the benefit of the voters and
the taxpayers in Lino Lakes.
Caroline Dahl, Chairperson, Lino Lakes Charter Commission
Amendment to Our Charter Chapter 1
Section 1.04. Charter Commission.
The City shall have an ongoing Charter Commission with responsibility for maintaining and
updating the Charter, and for informing residents of the meaning or impact of proposed Charter
amendments. Members of the Charter Commission shall be appointed by the Chief Judge of the
local district court, and shall receive no compensation.
Section 1.05. Amendments to this Charter.
All proposed amendments to the Charter and corresponding ballot wording shall be submitted to
the Charter Commission for review. The City Council may not directly or indirectly use public
funds to inform the public about an amendment unless the City Council provides the Charter
Commission with equal funds and opportunities to inform the public about the amendment.
Amendment to Our Charter Chapter 7
Section 7.13. Tax Cap.
The City shall be restricted in the amount it can raise taxes each year. The maximum levy shall
be calculated in accordance with the provisions of Minn. Stat. §§ 275.70 to 275.74 (2010), as
modified below. If the state legislature adopts new levy limits, the City shall be restricted to the
lesser of the limits imposed under the laws in 2010, and the new limits.
The City's levy for the year 2011 shall be used as the starting point for calculating all
subsequent levy adjustments. Any unused levy authority from 2011 or prior years may not be
used..
Levies imposed on a majority of the property owners in the City for a new special district or
utility (such as a storm sewer improvement district, storm sewer utility, or lake improvement
district) created after 2010 shall be included in the levy limit. These levies will qualify as
"special levies" only if a majority of the City's voters specifically vote to authorize the creation of
the special district or utility.
For the purpose of determining the maximum levy, the original net tax capacity shall be used
for all property which is both (a) placed in a tax increment financing district after 2010 and (b)
being taxed on the basis of its original net tax capacity.
WS — Item 3
WORK SESSION STAFF REPORT
Work Session Item 3
Date: September 6, 2011
To: City Council
From: Jeff Karlson, City Administrator
Re: Charter Amendments
Background
On July 29 the Charter Commission submitted two amendments to the City Charter with
a request that the City Council adopt the amendments by ordinance. The first amendment
is to add two sections to Chapter 1, which would grant the Commission more
discretionary power to amend the Charter and to control how public funds are spent to
inform the public about an amendment. The second amendment restricts the Council's
ability to raise taxes by instituting a "tax cap."
The public hearing is scheduled for Monday, September 12. After the public hearing has
been held, the ordinance would be enacted upon a unanimous vote from council members
and the mayor.
To inform the Council of the legal implications and the potential impacts of both
amendments, staff has contacted City Attorney Joe Langel and Terri Heaton, the City's
financial advisor. Mr. Langel prepared written comments which address the amendments
to Chapter 1. Joe will be attending Tuesday's meeting. Ms. Heaton also provided staff a
letter that points out how the "tax cap" amendment may impact the City financially.
Attachments
Proposed amendments submitted by Charter Commission
Letter from City Attorney Joe Langel
Letter from Terri Heaton, Sr. Vice President with Springsted
MEMORANDUM
TO: Lino Lakes City Council
FROM: Joseph Langel, City Attorney
DATE: August 31, 2011
RE: Proposed Amendments to the City Charter
R.
R
Ratwik, Roszak & Maloney, PA.
Pursuant to Minnesota Statutes section 410.12, subdivision 7, the Charter Commission
forwarded to the Council three proposed amendments to the Charter that the Commission seeks
to have approved by ordinance. The first two concern the Charter Commission's authority and
the Charter amendment process, while the third seeks to limit the City's levy authority. After
reviewing the proposed amendments, I have the following comments on the first two; it is my
understanding that the City's financial consultants will comment on the amendment concerning
the levy limit.
At the outset, it bears mentioning that these amendments are unusual in that they do not
address City powers or organizational .structure, which is the normal subject matter of city
charters. Rather, they seek in part to expand the powers of the Charter Commission. It is
questionable whether a city charter is the appropriate vehicle for addressing such issues.
Regardless, as discussed below, the specific language in the proposed amendments appears to
be either of no effect or runs afoul of state law.
Section 1.04 Charter Commission
The proposed language is as follows:
The City shall have an ongoing Charter Commission with
responsibility for maintaining and updating the Charter, and for
informing residents of the meaning or impact of proposed Charter
amendments, Members of the Charter Commission shall be
appointed by the Chief Judge of the local district court, and shall
receive no compensation.
730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339-0060 • f (612) 339-0038 • www.ratwiklaw.com
Paul C. Ratwik
John M.Roszak
PatriciaA. Maloney*
Terrence J. Foy*
ScottT. Anderson
Kevin J. Rupp
Jay T. Squires*t
Ann R. Goering
Nancy E. Blumstein*
Joseph J. Langel*
Nfrchael J. Waldspurger*
Margaret A. Skelton
Amy B. Mace
Brie J. Quiring
Erin E. Ische
Christian R. Shafer
Trevor S. Helmers
Matthew J. Bialick
Tessa S. Kowalski
Scott B. Schraut
Timothy A. Sullivan
* Also admitted in WI
t Real Property Specialist
Certified by the MN
State Bar Association
This language raises several issues. First, the purpose of the initial phrase, "The City shall
have an ongoing Charter Commission" is unclear. Under Minnesota law, charter commissions
continue to exist unless discharged. Minn. Stat. 5C 410.05. If the intent was to essentially
restate that fact, then there is no purpose to it. If, by using the word "ongoing," the intent was
to make the commission perpetual, then it is contrary to state law. Pursuant to Chapter 410, the
commission can discharge itself or voters can do it in a referendum. Minn. Stat. e 410.05,
subd. 5. Those discharge rights cannot be abrogated via the charter. Thus, the language
appears to be without substance or invalid.
Second, stating that the Commission has the responsibility for "maintaining and updating the
Charter" basically restates the law without adding or clarifying anything. Minnesota Statutes
Chapter 410 already sets forth the Commission's authority.
Third, stating that it is the Commission's responsibility to inform residents of the meaning or
impact of proposed amendments is problematic. Recall the issue that arose approximately two
years ago when the Commission sought to inform voters by initiating a "Vote No" campaign.
The legal opinion obtained at that time from outside counsel concluded that charter
commissions have limited authority, and such authority does not include the production and
distribution of informational materials. This proposed amendment appears to be contrary to
that opinion; it seeks to establish powers that the City already determined the Commission
does not and cannot have. Informing residents of issues pending before the City is the City's
job (see Charter section 12.12). If charter commissions are to have that power, it needs to
come from the legislature through an amendment to Chapter 410.
Finally, the last sentence states that Commission members shall be appointed by the Chief
Judge and shall receive no compensation. This .simply restates existing law. Minn. Stat. §'
410.05, subd. 1, 410.06.
Section 1.05 Amendments to this Charter
The proposed language is as follows:
All proposed amendments to the Charter and corresponding ballot
wording shall be submitted to the Charter Commission for review.
The City Council may not directly or indirectly use public funds to
inform the public about an amendment unless the City Council
provides the Charter Commission with equal funds and
opportunities to inform the public about the amendment.
This amendment raises issues similar to the previous amendment. The first sentence, requiring
that all proposed amendments be submitted to the Commission for review, is duplicative of
Chapter 410. Amendments can be initiated by the Commission itself, by voters via petition, or
by the City Council. Minn. Stat. § 410.12. If voters or the Council initiate, the proposed
amendment must be sent to the Commission for review. Id., subds. 1, 5. This sentence,
therefore, does not add to or clarify the Commission's authority.
The second sentence again refers to empowering the Commission with authority to "inform the
public," which is outside their statutory authority. The City Council does not have the power to
give the Commission authority that the legislature did not grant, either explicitly or impliedly.
Even if that were not true, the language concerning "equal funds and opportunities" is
problematic given its vagueness. How would one measure "equal funds and opportunities?"
Like any other law, a charter amendment ought to be clear and not subject to a variety of
interpretations. Moreover, the language implies an adversarial relationship between the
Council and Commission that is sought to be balanced by equal funds, apparently so each side
can advocate their position. No public entity, however, is allowed to use public funds to
advocate. A violation of that rule is not remedied by giving public funds to another public
entity so they can violate it, too.
In conclusion, the proposed amendments do not appear to further effectuate the exercise of
governmental functions by the City, which is, or ought to be, the primary purpose of Charter
amendments. Rather, the amendments seem to be an attempt to broaden the authority of the
Commission itself. There is no statutory support for this expansion of power. If there are
ongoing issues about disseminating information to the public, there are other ways of
addressing those issues that could be discussed.
Springsted
August 31, 2011
Jeff Kar!son, City Administrator
Al Rolek, Director of Finance
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Proposed Tax Cap Amendment
Springsted Incorporated
380 Jackson Street Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
www.springsted.com
I have reviewed the proposed "Amendment to Our Charter for Chapters 1 and 7, dated July 29, 2011. The following
comments pertain to the impact these amendments would have on the City of Lino Lakes.
Charter restrictions place additional restraints on local govemments beyond those required by federal and state law,
and our concern would be financial restraints that impair the City's ability to finance ongoing operations, to comply
with debt obligations, and to meet capital and infrastructure maintenance needs.
It appears that the Chapter 1 proposed amendment addresses the Charter Commission's role in maintaining and
updating the Charter. We have no particular comment on this section as it does not directly impact the three areas of
concem noted above.
Chapter 7, Section 7.13, Tax Cap Amendment
The proposed amendment raises several concems that should be considered by the City Council.
1) The City of Lino Lakes has minimized increases for several years in response to the recession and declining
property values. The empty chair at the reception counter is one of many notable reductions. Using the
2011 actual levy as the starting point, as proposed in paragraph 2, will restrict the City to a base year levy
that was developed during the recession and may not be sustainable over time, even with implicit price
inflators.
2) The third paragraph includes levies for storm sewer district, storrn sewer utilities, or lake improvements as
part of this levy limit. These special districts are usually funded by special assessments or fees as opposed
to general tax levies. How or if a levy limit can be calculated is not clear. It is also unclear whether these
districts can be added even if they do not levy or use special assessments.
Public Sector Advisors
City of Lino Lakes, Minnesota
Page 2
3) In paragraph 3, restricting new special levies to a vote reduces flexibility. While a referendum may seem
like a cost saving measure today, the repercussions, such as added costs of delays or eliminating the ability
to correct financial issues early, are not usually understood by voters. They may actually be limiting the City
to a more expensive option later if they vote no. Special levies are allowed under state law. The implicit
price deflator increases were considered punitive by some legislators for communities who did not have
growth (historically, a fixed 3% increase or similar amount was a stated levy limit). As a compromise, the
legislators softened this cap by allowing local government to special levy for specific purposes.
4) The last paragraph is not understandable. In Minnesota, cities levy a dollar levy and the tax rate is a
function of dividing the levy by the tax capacity. In other states where a mill rate system is used, the tax rate
(mill rate) is first set and then applied to land values to determine the amount of taxes generated. This
language may make more sense for the mill rate system. Since tax capacity is not used to calculate the
maximum levy, it is confusing.
5) -Tax increment is an economic development tool that allows the City to incent development where it may not
otherwise occur. If the intent of the last paragraph is to limit the use of this tool, the City may be tying its
hands when competing with other cities for development. Ultimately, this could result in missed
opportunities to lower taxes for each taxpayer by increasing the overall tax base to which levies are spread.
The tax increment market value becomes part of the City's tax base when the tax increment district expires.
The proposers of this amendment are presumably trying to protect the citizens from higher taxes than necessary. In
the end, these provisions may have the opposite effect. Why is that?
• Credit ratings are based on an issuer's ability to repay bonds. The higher the credit rating, the lower the
interest costs will be on debt. For future debt issues, if the rating agencies perceive that the added
restrictions imposed make Lino Lakes a greater credit risk, they may lower the credit rating. On a $2 million
bond issue with a 15 -year term and assuming the new rating falls from the City's current Aa2 rating to the
single "A" category rating (50 basis point differential); this may translate into an extra cost of $70,000 over
the life of this bond issue. Each bond issue going forward would have a similar penalty until the rating was
improved. Financial flexibility is the key to maintaining and improving credit ratings. The City of Lino Lakes
would be impairing their financial flexibility with this amendment.
• Maintenance of infrastructure and facilities are a 'pay today" or 'pay more tomorrow" proposition.
Restrictions on the City Council's ability to levy and special assess for projects means that voters have to
choose to increase their taxes today instead of tomorrow. It is easy for them to vote no—especially if they
plan to move out of Lino Lakes or do not see the citywide benefit of maintaining transportation systems that
a City Council may see. As a result, the repairs are delayed and the needed repairs become more severe
(Le. reconstruction rather than sealcoat) while the cost of pothole repair, car damage, and safety issues
continue to be incurred. Overall, this is much more expensive than a systematic plan to maintain capital at
the most cost-effective time rather than when a referendum passes.
City of Lino Lakes, Minnesota
Page 3
• The administration of these amendments means the City has to incur the costs of elections to pay for new
utilities or service districts. The result is: (a) the cost to administer the election including ballot language,
notices, hearings, and election facilitation is bome one or more times; (b) the language is unclear and
confusing, which means time will be spent interpreting the language and explaining how it fits with state law;
(c) staff will spend time explaining the citywide impact, resulting in additional costs for mailings and
newspaper brochures, without which the voter will be uninformed; d) at a time when cities are streamlining
processes, this would be adding processes for situations that are already authorized in state law.
• Losing the City's competitive edge is a concem. An effective way to lower taxes and fees is to spread them
further by retaining existing members of the community and to attract new residents and employers who
provide excellent salaries and benefits. All of this leads to economic vitality for the community and financial
health. Infrastructure condition, safety, amenities, convenience, education systems, overall appearance and
community support are business considerations. The proposed Charter amendments seem to look inward
only rather than looking forward, while neighboring cities are sizing up their competition and preparing to be
more attractive for development.
In conclusion, the proposed amendment in Section 7 is difficult to understand, as written. Adopting part of state law
and modifying it has proven difficult in the past as it creates new terminology and interpretations than are not always
defensible, should there be a challenge. The proposed amendment would need to be modified before it could be
administered. An attorney familiar with state levy laws may be a good resource.
Overall, I encourage the City of Lino Lakes to think about where the community should be in the next 5, 10, 15 and
20 years by considering the following questions:
1. Does this type of amendment align with plans for the future direction of the City?
2. Does it provide the flexibility to compete?
3. Does it ensure bondholders and rating agencies that Lino Lakes is a well-managed City poised to be
successful in the long-term and able to pay obligations?
4. Will the City of Lino Lakes struggle even more to provide services during the economic downtum if this
amendment passes?
This amendment is well intended, but financially it is not sound policy and it will not reduce costs long-term.
Please let me know if you would like to discuss further or if you have any questions.
Sincerely,
Tem Y. Heaton, Senior Vice President
Client Representative
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
CITY COUNCIL WORK SESSION September 6, 2011
APPROVED
136 The council requested that the Charter Commission Chair and Vice chair be invited to
137 attend the public hearing on the amendments.
138
139 4. Discuss Current Conservation Water Rate Structure — The mayor noted that he
140 requested a discussion about the City's water rate structure. He recalled that the council
141 previously received a study on water rates, was asked to change the rate structure and did
142 so. However the impetus of the change was to impact use and he doesn't believe that has
143 happened. He still has a concern; Lino Lakes is a family oriented community and the new
144 rate structure seems to punish families. He suggests that a plan that encourages water
145 conservation is a better way to address the situation.
146
147 City Engineer Wedel explained that in 2008 the Minnesota Department of Natural
148 Resources required a tiered rate structure in order for the City to keep its authority to
149 continue with new wells. The idea at that time wasn't to penalize families but to get at
150 the "big irrigators". There is benefit to the city in conservation because infrastructure
151 costs can be avoided (much infrastructure is built to serve peak times). Is the new tiered
152 rate structure working? He suggested that it is difficult to say since this has been a year
153 of lots of rain and the economy is down. He provided a chart indicating rate variations in
154 other cities — he doesn't think the City is out of line with other communities. Tim
155 Hillesheim, Utilities Supervisor for the City, explained that he doesn't think that families
156 are punished by the rates because 95% of the city's residential water users consume
157 30,000 or less (remaining in the lower rate). He added that the city has not been able to
''`e 158 see the result of the rate change because the past two summers have been wet. Mr.
159 Wedel remarked that the city could certainly review the rate structure in 2012 if that's the
160 council's desire. Public Service Director DeGardner distributed additional information
161 indicating that over 99% of Lino Lakes' families fall within the first two tiers (lowest) of
162 the rate structure in the winter and that 82% of Lino Lakes families fall within the first
163 two tiers in the summer. The city is doing what it can to keep from having to add more
164 very expensive infrastructure that will in fact raise rates.
165
166 The mayor thanked staff for the discussion. He'd like to take a look at the rate structure
167 again in 2012 to ensure fairness.
168
169 5. Comprehensive Plan Update — Community Development Director Grochala
170 recalled that in May of 2011 the council gave preliminary approval to the 2030
171 Comprehensive Plan and it was approved by the Metropolitan Council with authorization
172 to put the Plan into effect. At this point it is back to the council for final Plan approval.
173 He has attempted, in his staff report, to identify the major changes to the Plan over the
174 past few years, including decreasing the amount of units forecast in the next twenty years,
175 reduction of the affordable housing goal, and modifications to the utility staging plan by
176 dividing the staging areas into five year phases. In addition the council modified the Plan
177 to reintroduce an annual average new housing growth benchmark, limit city financial
178 assistance to meet regional housing goals, modify residential development densities and
�..� 179 reduce net residential density proposed. When the Plan is approved as final by the
180 council, staff will begin the process of updating the city's official controls such as the
COUNCIL MINUTES September 12, 2011
APPROVED
46
47 Centennial Fire District (Check No. 4946-
48 4972, $33,321.14) Approved
49
50 August 22, 2011 Council Work Session
51 Minutes Approved
52
53 August 22, 2011 City Council Meeting
54 Minutes Approved
55
56 August 22, 2011 Special Budget Work Session
57 Minutes Approved
58
59 August 15, 2011 Special Budget Work Session
60 Minutes Approved
61
62 FINANCE DEPARTMENT REPORT, AL ROLEK
63
64 2A) Resolution No. 11-89, Adopting Preliminary 2011/2012 Property Tax Levy — Finance
65 Director Rolek reported that it is time for the City to consider a maximum levy amount for the coming
66 year, as is required by state statute. Mr. Rolek noted that the amount of the maximum preliminary
67 levy is $8,227,259, a decrease of 5 percent over the past year. This levy amount may be decreased by
'\ 68 the council for the final budget adoption but it may not be increased. A public hearing on the levy is
69 scheduled for December.
70
71 The Mayor congratulated the council for their work on this budget. They worked essentially all year
72 and the result is a decreased budget achieved through review of the organization, a change in
73 engineering services and some outsourcing of services. He believes the council has accomplished
74 what the citizens want.
75
76 Council Member Roeser moved to approve Resolution No. 11-89 as presented. Council Member
77 Gallup seconded the motion. Motion carried on a unanimous voice vote.
78
79 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
80
81 3A) Amendments to Lino Lakes City Charter: Public hearing and consideration of 1st Reading
82 of two ordinances — Administrator Karlson noted that the Lino Lakes Charter Commission has
83 submitted two ordinances for consideration by the City Council. State statute includes a process and
84 timeframe under which the amendments must be considered. The schedule was reviewed and it was
85 noted that an affirmative vote of all council members is required for an amendment to pass.
86
87 Mayor Reinert opened the public hearing. He noted that the council has not had the opportunity to
88 hear from the Charter Commission on the amendments and would much appreciate getting some
89 clarification from the commission now.
90
2
COUNCIL MINUTES September 12, 2011
APPROVED
91 Mike Trehus, Lino Lakes Charter Commission member, addressed the council. He confirmed that he
92 would offer an explanation of the amendments and then reserve the opportunity to rebut what he
93 understands he will be hearing from the city as far as a critique of the amendments.
94
95 Mr. Trehus first explained that a charter commission is a group of volunteer city residents that work
96 with a small budget. The charge of the group is to frame and amend the city charter, based on their
97 view of city operations. The commission doesn't have power to directly amend the charter and can
98 only propose amendments to the city council or the voters. The Lino Lakes Charter Commission is
99 proposing amendments to the council now mainly because this year's Minnesota Legislature did not
100 include in their budget actions any tax cap for cities. That being the case, the commission decided it
101 would be a good time to suggest that a tax cap be added to the city charter. He noted that taxes are
102 high in Lino Lakes and he showed a chart comparing the City's taxes to other cities. The other
103 amendment proposed clarifies and speaks to the duties of the Commission.
104
105 Mayor Reinert read the proposed amendment to Section 1.04. Mr. Trehus explained that while some
106 of the added language may be duplicative to what's currently in state law, the commission feels it
107 should be in place within the Charter in case there are law changes in the future. It is meant to be
108 reaffirming. He will be demonstrating the need as he moves further into his presentation.
109
110 Mayor Reinert read the proposed amendment to Section 1.05. Mr. Trehus explained that the courts
111 have decided that any public money spent on a referendum issue belongs to both sides of the issue.
112 That has not been the case in Lino Lakes. This would be a no cost option that doesn't change any
113 power for the Commission. He noted the history of the city council trying to get the word out on an
114 amendment on the ballot and that the city advocated but didn't allow the Commission to get the word
115 out on the other side of the matter.
116
117 Mayor Reinert read the proposed amendment to Chapter 7.13. Mr. Trehus presented a chart
118 indicating tax levy increases in Lino Lakes over the past ten years and comparing the levy amounts to
119 population growth and he explained that the primary purpose of the tax cap is to prevent this type of
120 tax growth. He noted that the current city council has worked to reduce the city's levy and that is
121 appropriate, but it's important not to return to the past ways of rampant growth of taxes. He noted
122 several cities that have tax caps in place. A council member noted that the information being
123 presented ends at 2009 however that is when democracy took its course and the council make up
124 changed, trends reversed and taxes were reduced; the presentation ignores that more recent relevant
125 information that may indicate that a tax cap isn't needed. Mr. Trehus acknowledged that the
126 amendment goal is trying to limit taxes from rampant growth; the statement regarding the election
127 would be an opinion; he added that the current council in perpetuity wouldn't be a problem but there
128 could be change in the future. Mr. Trehus noted that the tax cap proposed is good one that is tried and
129 true and working in other cities. A council member asked for a comparison of population for the tax
130 levy comparisons and when a chart was shown he noted that many are not in the range of Lino Lakes;
131 another council member added that the comparative figures are not from the current decade. Mr.
132 Trehus noted that he has compared current information, focusing on cities that are growing like Lino
133 Lakes, and he continues to have a goal of reducing the cost of government and he added thateven if
134 the council doesn't intend to allow taxes to run rampant again, they have nothing to lose by enacting
135 this tax cap. A council member noted that the finance director has opined that there could be an
3
COUNCIL MINUTES September 12, 2011
APPROVED
136 implication on bond ratings, raising capital, etc. The mayor suggested that there are two questions:
137 does the city want a tax cap and, if so, how that is done. Mr. Trehus further reviewed the proposed
138 tax cap amendment, noting that it allows for consideration for growth, not incenting or punishing that
139 type of thing. The proposed amendment also addresses special levies and tax increment financing.
140
141 Mr. Trehus was asked to drill down deeper on the Chapter 1 amendments. Section 1.04 reiterates
142 state statute and firms it up by putting it into the Charter and stipulates further that one of the duties of
143 the Commission is to inform residents of the meaning or impact of a proposed charter amendment.
144 Section 1.05 requires that ballot wording be reviewed by the Commission. It adds a funding
145 requirement for information given on amendments so that both sides will be treated fairly and equally;
146 in the past, there has been a problem and the new language would avoid similar problems in the
147 future. He noted specific elements of a past referendum and information given and how the process
148 failed to provide enough appropriate and clear information. The Charter Commission thought that
149 should not be allowed to happen again.
150
151 Caroline Dahl, 1101 Holly Court, Lino Lakes Charter Commission Chair, first noted that the
152 Commission was not invited to attend the council's recent work session discussion on the
153 amendments and they wouldn't normally attend unless asked. She shared a note from a commissioner
154 clarifying that last year's budget cut was very small (.4 of 1 percent). Also the last two years the city
155 has been under a tax cap but that it will expire as it was not renewed by the State Legislature. The
156 reason that the tax cap and other amendments are being proposed isn't necessarily for this council but
157 for the future. State law has been known to change and it makes sense to have the language in the
158 Charter.
159
160 Rosemary Storberg, 6978 Lake Drive, Charter Commissioner, noted that three of the current council
161 members were sitting in 2008 and she would ask them why the newsletter on the amendment wasn't
162 handled differently? The mayor noted that he recalls that it was suggested that the Commission
163 submit a page for the newsletter but that there was disagreement on content so the Commission never
164 officially submitted anything. Ms. Storberg added that the Commission should have the same
165 opportunity to provide information to the public. Also she said she's heard the warning about harm
166 to the city's bond rating before (when the charter was originally approved) but it never panned out.
167 The bottom line is that the City Charter is a document that is needed and wanted by the residents of
168 this city.
169
170 Tim Henderson, 6987 West Shadow Lake Drive, noted that he admires everyone involved in this
171 discussion and for their service. What he would like to see for the charter amendments is a citizen
172 vote; that would be the optimum. He urges caution in not handcuffing future city leaders as
173 consideration is given to the amendments.
174
175 There being no further speakers, the public hearing was closed at 7:59 p.m.
176
177 City Attorney Langel reviewed his written memorandum regarding the proposed amendments. The
178 basic issues with the Chapter 1 amendments are that they are mainly duplicative to state law. The
---� 179 Commission has made the argument that the state law could change however even if that occurs, it
180 raises the question that a charter cannot contravene state law so putting the language into the charter
4
COUNCIL MINUTES September 12, 2011
APPROVED
181 wouldn't necessarily guarantee that it will remain valid. So it begs the question of why should you
x-\182 add the language? The Commission's authority is narrow and is laid out in statute. Another issue
183 raised is about creating authority for the Commission to get into the public information area, a job that
184 is given to the city council by state statute. He questions if a charter commission can create authority
185 for itself. Charters are generally speaking constitutions designed to decide how a city operates and
186 not how the Commission operates. Mr. Langel noted that he also has a concern about the amendment
187 dealing with granting use of public funds. The language implies that the council cannot do what it is
188 responsible for doing unless it provides equal funding to the Commission. While the Commission
189 representative has indicated that that language is intended to get the two bodies to work together, Mr.
190 Langel fears it would have the opposite effect in keeping the work from getting done. The language
191 also seems to imply that there are always two sides to an amendment; the fact is that neither side
192 cannot advocate. If there is an issue about the past and a goal to prevent it to happen again, the
193 answer wouldn't seem to be a charter amendment but a rather to find a process whereby the groups
194 will work together. The mayor confirmed that the Commission has had the opportunity to review
195 Mr. Langel's written comments.
196
197 Terri Heaton, Springsted, financial advisor to the City, indicated that she would be reviewing her
198 written comments regarding the proposed Chapter 7 charter amendment. As financial advisor to the
199 city, it is her job to consider the city's ongoing ability to finance its operations and meet debt
200 obligations as well as meet ongoing capital needs. She has looked at the proposed levy limit language
201 (to continue a levy limit for this city) using 2010 rates. Currently, the city has reacted to the reduction
202 in its tax base by reducing its levy. The current state limit would actually allow the city to levy higher
---.,203 than it is proposing. By locking into a low year, the city may put itself in a different position than
204 other cities in how it can respond when the economy comes back. Another portion of the proposed
205 amendment deals with special levies and she noted that many are not funded from tax base and
206 melding them into a tax cap as the proposed amendment seems to do is unclear. Another item
207 includes restriction of special levies to a vote process and she sees that could limit the city's
208 flexibility, an item that is a key area that credit agencies look at. She noted that she sees credit
209 agencies comparing cities more for rating purposes these days, looking at flexibilities for instance,
210 and they are changing ratings much more than in the past. The city should also consider the
211 systematic replacement of infrastructure and maintaining the ability to do replacement at the most
212 effective time. Ms. Heaton also expressed that the amendment is confusing in that it uses the term
213 "net tax capacity" but Minnesota cities do not use mil rates so that term doesn't make sense with
214 current law. There was discussion about tax increment financing and that it is a tool that is being
215 used by many cities and very effectively for development. A city's tax base grows when the tax
216 increment capture period ends. Regarding the proposed amendment, it would allow the city to use tax
217 increment but without the same advantages as other cities in that the increment is pulled away from
218 the development. She pointed out that the council should consider the possibility of a negative impact
219 on the bond rating, that sending more matters to voters is costly in terms of special elections and that
220 the city's long term sustainability could be challenged by tying hands to a rate at an economically low
221 time. When the mayor asked if there is a "good" way to do a tax cap, Ms. Heaton responded that
222 citizens should be confident that they are getting the best value for their tax dollar and there are ways
223 for the council to know that.
224
5
COUNCIL MINUTES September 12, 2011
APPROVED
225 The council reviewed the proposed amendments to Section 1.04 and 1.05. City attorney Langel noted
X226 that the only new language (different from existing state law) relates to informing residents. A
227 council member noted that adding language to the charter would mean that the city may end up
228 needing to amend the charter if state law changes. The city attorney suggested that it is never a good
229 idea to regurgitate state law in a document such as the City Charter. City Attorney Langel pointed
230 out that, while charter amendments always get reviewed by the charter commission, ballot language
231 doesn't so that would be a new concept.
232
233 The mayor recalled that within the past year the city council and the charter commission held a joint
234 meeting and there was great hope for progress through that process. At that meeting, a suggestion
235 was brought forward to set up a joint side group made up of council members and charter
236 commissioners and, if that had happened and was functioning, that could have meant a better
237 understanding of these amendments coming forward. Unfortunately at that joint meeting there was an
238 explosion of emotion and the good idea didn't happen. He still believes that it could happen and that
239 it would result in some good accomplishments.
240
241 i. Ordinance No. 17-11, Amending the City Charter by adding a new Section 1.04 and 1.05
242
243 The mayor called for a motion on Item 3Ai, First Reading of Ordinance No. 17-11. The item failed
244 for lack of a motion.
245
246 ii. Ordinance No. 18-11, Amending the City Charter by adding a new Section 7.13 regarding
""`x.247 tax cap
248
249 The mayor read the proposed amendment and noted that he is not opposed to the idea of a tax cap but
250 he sees there are issues with the language proposed. It concerns him that the proposal would actually
251 allow the council to add a $1 million to the tax levy this year. The down economy has been difficult
252 for the tax situation but the council has acted to keep taxes down. In the area of special taxing
253 districts, he sees that there are situations where it occurs through an outside request; having a vote on
254 everything reminds him of California and that isn't Lino Lakes. The city has a representative republic
255 form of government whereby people are voted into office to make decisions on behalf of the public.
256 He wishes the council would have had the opportunity to work with the commission on the matter.
257
258 A council member noted that there has been good information offered in a lot of areas. He's been on
259 the council for ten years and understands that the budget process is complicated and he pointed out
260 that it impacts him as a property taxpayer also. The citizens have a good form of representation and it
261 is called the election. He knows that people will come to the voting booth and decide if they are
262 getting the value they want from their tax dollar.
263
264 Other council members concurred that the voting process works and that an automatic taxing system
265 isn't needed. They expressed the desire to continue working with the Charter Commission in a joint
266 fashion.
267
268 The mayor called for a motion on Item 3Aii, First Reading of Ordinance No. 18-11. The item failed
269 for lack of a motion.
6
Referral to the Lino Lakes Charter Commission
Agenda Item _
STAFF ORIGINATOR: Julie Bartell, City Clerk
MEETING DATE: July 14, 2011
TOPIC: Charter Amendments Relating to Elections
BACKGROUND
The city council received the attached staff report at their work session on May 2,
2011. The report outlines two areas of the city charter that contain schedules related
to elections and that are impacted by recently enacted federal and state law changes
to the elections schedule.
The council respectfully requests that the Lino Lakes Charter Commission review the
amendments and consider a recommendation to adopt the amendments by ordinance
(under the provisions of State Statute 410.12, Subdivision 7).
ATTACHMENTS
Proposed Ordinances amending the City Charter
Minnesota Statutes, Section 410.12, Subdivision 7
WS — Item 10
WORK SESSION STAFF REPORT
Work Session Item #10
Date: May 2, 2011
To: City Council
From: Julie Bartell, City Clerk
Jean Viger, Deputy City Clerk
Re: Charter Amendments relating to Elections
Background
The United States Congress adopted legislation in 2009 requiring a period of 45 days for
absentee ballot voting to allow the time necessary 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 and other election administrative changes. 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 is presenting the following suggestions
for amendments to the charter to concur with state and federal level changes.
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.
The following changes to the City Charter would bring the city into conformance with
state law.
Section 4.02. Filing for Office. No earlier than seventy (70) days and not later
than fixty six (56) days bBefore any municipal election, any resident of the City qualified
under state law for elective office may, by filing an affidavit and by paying a filing fee to
the City Clerk in an amount as set by ordinance, or by means otherwise permitted by
state law, have his/her name placed on the municipal election ballot. The filing period
shall be as established by Minnesota State law. (Amended 1/25/88) (Amended
05/27/2003)
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).
Requested Council Direction
It is requested that the council confirm that these amendments should be forwarded to the
Lino Lakes Charter Commission for their review. The next regular Charter Commission
meeting is scheduled for July 14, 2011.
1St Reading:
Publication:
2nd Reading:
Effective:
Council Member moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. -11
AN ORDINANCE AMENDING THE CITY CHARTER RELATING TO
NOMINATIONS AND ELECTIONS
The City Council of Lino Lakes ordains that the Lino Lakes Home Rule Charter
be amended as follows (deleted text struck through added text underlined):
Section 1 Amendment of City Charter, Section 4.02.
Section 4.02. Nominations and Elections, Filing for Office. No earlier than seventy
(70) days and not later than fifty six (56) days bBefore any municipal election, any
resident of the City qualified under state law for elective office may, by filing an affidavit
and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means
otherwise permitted by state law, have his/her name placed on the municipal election
ballot. The filing period shall be as established by Minnesota State law.(Amended
1/25/88) (Amended 05/27/2003)
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.
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2011.
1St Reading:
Publication:
2nd Reading:
Effective:
Council Member
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. -11
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 through added text underlined):
Section 1 Amendment of City Charter, Section 8.04, Subdivision 2.
Section 8.02, 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
twenty sixty_(120) 160 days after the conclusion of the public hearing, submit the
proposed local improvement and its assessment formula to the voters of the City. If no
general election is scheduled during such one hundred qty sixty (-1-24) (160) day
period, the Council shall schedule a special election within said period unless otherwise
prohibited by law, in which event the special election shall be held as soon as reasonably
practicable.
submittedte- eCity'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.
Jeff Reinert, Mayor
i
410.12, 2010 Minnesota Statutes Page 1 of 2
2010 Minnesota Statutes
410.12 AMENDMENTS.
Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon
the petition of voters equal in number to five percent of the total votes cast at the last previous state general election
in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only
registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be
uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the
case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed
with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting
forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and
purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and
shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished
by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the
charter commission for its approval as to form and substance. The commission shall within ten days after such
submission to it, return the same to the proposers of the amendment with such modifications in statement as it may
deem necessary in order that the summary may fairly comply with the requirements above set forth.
Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following
one of the alternative methods of amendment provided in subdivisions 1 to 7.
Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate
petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must
contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of
residence by street and number, or other description sufficient to identify the place. There shall appear on each
petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same
five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of
the petition. The affidavit attached to each petition shall be as follows:
State of )
County of )
ss.
being duly sworn, deposes and says that the affiant, and the affiant only, personally
circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that
the affiant believes them to be the genuine signatures of the persons whose names they purport to be.
Signed
(Signature of Circulator)
Subscribed and sworn to before me
this day of
Notary Public (or other officer)
authorized to administer oaths
The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any
particular thereof shall be punishable in accordance with existing law.
Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and
filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city
council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition
is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not
attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city
clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is
insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify
the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the
making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers
signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment
https://www.revisor.mn.gov/statutes/?id=410.12 10/7/2011
CITY COUNCIL WORK SESSION May 2, 2011
APPROVED
179 The council concurred to accept the report and request that the Planning and Zoning
180 Board pay particular attention to zoning as they review the zoning ordinances that could
181 helpful in light of improving the underuse of properties. The council recommended that
182 the report be available for strategic planning. Staff should return for more discussion on
183 options that move ahead with the recommendations.
184
185 7. On -Street Parking Regulations — Community Development Director Grochala
186 explained that he is responding to a resident's concern about a dump truck parking on a
187 residential street. At this time the city doesn't have any regulations on street parking that
188 would deal with this type of issue. Is the council interested in developing more
189 restrictions?
190
191 A council member noted that it can become a safety issue (due to blocking the street) and
192 it seems as if some other cities are dealing with the problem. The Police Chief said he
193 checked the location and doesn't feel the street is too narrow for emergency vehicles; he
194 wonders if a restriction on commercial vehicles may be more appropriate. Mr. Grochala
195 suggested that "commercial vehicles" may be too general; discussions with the city
196 attorney came back to size limitations. Staff will review options and report back.
197
198 8. Anoka County Fiber Project - Administrator Karlson noted that the council
199 requested additional information on this recently discussed county wide fiber connectivity
200 project. The council is receiving a chart comparing our current provider with the services
201 proposed through the new project.
202
203 9. Candidate Website Links — City Clerk Bartell noted that the council recently
204 discussed the subject of voter information and it was suggested that staff review the
205 possibility of placing candidate web site links on the city's web site for local elections.
206 The council is receiving some examples of what other cities are doing in this area and
207 staff is seeking council direction on what policy this city would like to follow in the area.
208
209 Council members concurred that they would like to provide web site links for the coming
210 elections; staff will work further on a policy to guide the web use, including a disclaimer
211 for content, and such elements as timing.
212
213 10. Charter Amendments relating to Elections — City Clerk Bartell noted recent
214 changes in the election calendar (state and federal) and staff' s effort to review this city's
215 election regulations to ensure they are appropriate within the new schedule. Since the city
216 charter contains election provisions, it was reviewed and staff did identify a couple of
217 areas where changes are recommended. A calendar was distributed and Clerk Bartell
218 explained that a key date is when the city must submit its ballot language to the county
219 for ballot printing. Based on the current charter provisions, the period designed for
220 candidate filing would extend past that date of ballot submission to the county. Therefore
221 staff is recommending a change that simply indicates that the city will follow state law for
222 the filing period, thus covering any future changes also. Community Development
223 Director Grochala noted that City Charter Chapter 8 also has a timeline that is
Julie Bartell
denali2010@q.com
Jeff Karlson
Subject: Election Related Charter Amendments
(August 1, 2011)
Caroline,
I reported back to the city council at their work session this evening on the proposed charter amendments related to
elections (staff report is attached). As you recall, these amendments were reviewed by the Charter Commission at your
meeting on July 14, 2011 and the Commission acted to request that the city pay reasonable fees for the charter
commission attorney to review the amendments (beyond the $1,500 annual budget). The council requested tonight
that I send a message back to the Commission. The Council suggested that city staff should be given an opportunity to
answer any outstanding questions about the amendments and, if questions do remain, they encourage the Commission
to utilize their existing budget for review costs.
Please let me know if I can provide any assistance.
Julie Bartell
City Clerk
City of Lino Lakes
600 Town Center Parkway
-�v Lino Lakes, MN 55014
651-982-2406
651-982-2499 fax
julle. bartell(&ci. lino -lakes. mn. us
1
CITY COUNCIL WORK SESSION August 1, 2011
APPROVED
44 2. Issue Tracker Demonstration, Jason Wedel — City Engineer Wedel gave a
45 demonstration of the Issue Tracker system that his firm offers as part of their services to
46 the city. The computer program will assist the city in tracking its issues and projects.
47 Information can be continually updated and allows for citywide tracking of data. He wills
48 end a link to the council members so they can review the program.
49 3. 80th Avenue — Zoning Complaint Update — Community Development Director
50 Grochala recalled that a concern was brought forward to the council about and operation
51 believed to be in violation of the city code at 2122 80th Street. Staff has investigated the
52 situation and discussed site operations with the property and business owner. There are
53 ongoing concerns about the situation in the area of identifying the property use, the
54 amount of junk located on the property and the oversized vehicles that are located on the
55 property. Staff is working with the city attorney to answer outstanding questions, will
56 continue enforcement as appropriate, and will continue to report to the council as new
57 information becomes available.
58 4. Election related Charter Amendments — City Clerk Bartell recalled that the
59 council had previously received information on two areas of the City Charter that are
60 problematic in relation to recently passed state election law that changes dates for certain
61 election activities such as absentee voting. Specifically in the area of filing period dates,
62 the language currently in the City Charter would dictate a filing period open past the time
63 when names can be submitted to the county for inclusion on the ballot. Also, the Charter
64 section on public improvements contains language that is impacted by pre-election dates
65 (submission of ballot language). Staff brought the matter to the Lino Lakes Charter
66 Commission for their consideration of moving technical changes forward for
67 consideration as amendments by ordinance (not to the ballot). The Commission has
68 forwarded a response that they are interested in considering the amendments but would
69 need the city to authorize reasonable funding above their regular budget for their attorney
70 to provide a review to them of the proposed amendments.
71 The Council suggested that city staff should be given an opportunity to answer any
72 outstanding questions about the amendments and, if questions do remain, they encourage
73 the Commission to utilize their existing budget for review costs.
74
75 The city administrator noted that the Charter Commission has delivered some other
76 charter amendments that they propose be adopted by ordinance. As required by state
77 statute, a public hearing is being scheduled at the council meeting of September 12 for
78 those amendments.
79 5. Weekly Progress Report — The city administrator reviewed the report.
80 Regular Council Agenda - The agenda was reviewed.
81
82 Item 6A, Oppidan proposal for a Grocery Store Development Near Hodgson Road
83 and County Road J — City Planner Smyser noted that the city has received a concept
AR'T'ICLE III - MEETINGS
Section 1, Regular Meetings. The Commission shall meet on the second Thursday of
January, April, July and October of each year. When the business of the Commission_ cannot
be appropriately handled at the quarterly meetings or business from a special meeting is not
completed and necessitates additional meetings, the Commission shall establish, by
resolution, a schedule of regular meetings. All meetings shall be held in the Lino Lakes City
hall unless meeting notices state otherwise. All meetings shall comply with the Minnesota
Open Meeting Law (Minnesota Statutes, Section 471.705).
Section 2. Special Meetings. The Chair or any two (2) members of the Commission may call
a special meeting to transact any business stated in the meeting notice in accordance with
state law. Notice of the special meeting shall state the time, date, place and business to be
conductedat the special meeting. Notices may be delivered or mailed to the member's
designated mailing address at least three (3) working days prior to the special meeting. The
business to be considered at special meetings shall be limited to that stated in the meeting
notice mess all members et -the Commission arepresent end vote -unanimously -to eendust
Section 3. Quorum. The powers of the Commission shall be vested in the members thereof
in office from item to item. A majority of qualified and acting members shall constitute a
quorum for the purpose of conducting the Commission's business end exercising its powers
and for all other purposes, but a smaller number of members may adjourn from time to time.
Section 4. Order of Business. The Commission shall use the following order of business at
its meetings:
1. Roll Call
2. Approval of Minutes
3. Reports of the Chair
4. Reports of Committees
5. Unfinished Business
6. New Business
7. Adjournment
All resolutions shall be recorded in the minutes of the Commission meetings. The -meetings
l beceendueted armee '-s files of Order, Revised-, -latest edition
Section 5. MenefgMeeting Procedure. The voting on all questions coming
before the Commission shall be recorded in the minutes, which shall state what was
done and not what was said. The votes on resolutions, unless unanimous, shall state the
number of "ayes" and "nays" and "abstentions". When a quorum is in attendance, action
may be taken by the Commission upon a vote of the majority of the members present
unless another provision of these by-laws specifically states otherwise.
Meeting agendas are prepared by the Chau and Secretary and gpproved12y the Commission, and
are subject to change by motion and voting, as described below, at the beginning of each regular
meetingf5pecial meeting a ,endas cannot, under Minnesota law, be modified once the advance
public notice has been made )
Commissioners and other attendees speak when called upon by the Chair, and once granted the
floor should not be interrupted.
Question and discussion periods begin with the Chair asking for a show of hands, and then
calling upon each one until all have been called upon. The Chair shall then ask again if anyone
still wishes to speak or ask a question, then repeat the process, with anyone who was not
included in the previous round(s) coming before those who were. The Chair determines how
many times this process is repeated.
The meetings are governed by the agenda, and the agenda constitutes the Commission's
agreed-upon roadmap for the meeting. Each agenda item can be handled by the Chair in
the following basic format:
First, the Chair should clearly announce the agenda item number and should clearly state
what the agenda item subject is. The Chair should then announce the format (which
follows) that will be followed in considering the agenda item.
Second, following that agenda format, the Chair should invite the appropriate person or
persons to report on the item, including any recommendation that they might have. The
appropriate person or persons may be the Chair, a member of the Commission, a staff
person, or a committee chair charged with providing input on the agenda item.
Third, the Chair should ask members of the Commission if they have any technical
questions of clarification. At this point, members of the Commission may ask clarifying
questions to the person or persons who reported on the item, and that person or persons
should be given time to respond.
Fourth, the Chair should invite public comments, or if appropriate at a formal meeting,
should open the public meeting for public input. If numerous members of the public
indicate a desire to speak to the subject, the Chair may limit the time of public speakers.
At the conclusion of the _public comments, the Chair should announce that public input
has concluded (or the public hearing as the case may be is closed).
Fifth, the Chair should invite a motion. The Chair should announce the name of the
member of the Commission who makes the motion.
Sixth, the Chair should determine if any member of the Commission wishes to second
the motion. The Chair should announce the name of the member of the Commission
who seconds the motion. If there is no second, the motion fails.
Seventh, if the motion is made and seconded, the Chair should make sure everyone
understands the motion. This is done in one of three ways: (1) The Chair can ask the
maker of the motion to repeat it. (2) The Chair can repeat the motion. (3) The Chair can
ask the secretary or the clerk of the Commission to repeat the motion.
Eighth, the Chair should now invite discussion of the motion by the Commission. If
there is no desired discussion, or after the discussion has ended, the Chair should
announce that the Commission will vote on the motion. If there has been no discussion
or very brief discussion, then the vote on the motion should proceed immediately and
there is no need to repeat the motion. If there has been substantial discussion, then it is
normally best to make sure everyone understands the motion by repeating it.
Ninth, the Chau takes a vote. If members of the Commission do not vote, then they
"abstain" Unless a steer -majority is required (as delineated later in these rules), a
simple majoritg determines whether the motion passes or is defeated.
1 enth, the Chau should announce the result of the vote and should announce what action
(if any) the Commission has taken. In announcing the result, the Chair should indicate
the names of the members of the Commission, if any, who voted in the minority on the
motion.
Motions in General
Motions are made in a simple two-step process. First, the Chair should recogn»e the
member of the Commission. Second, the member of the Commission makes a motion.
The Chair usually initiates the motion by either (1) inviting the members of the
Commission to make a motion,(2) suggesting a motion to the members of the
Commission, or (3) making the motion. (The Chair has every right as a member of the
Commission to make a motion, but should normally do so only if the Chair wishes to
make a motion on an item brit is convinced that no other member of the Commission is
willing to step forward to do so at a particular time.)
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the
Commission's consideration. A basic motion might be: "I move that we create a 5
member committee to plan and put on our annual fundraiser."
The motion to amend. If a member wants to change a basic motion that is before the
Commission, they would move to amend it. A motion to amend might be: "I move that
we amend the motion to have a 10 -member committee." A motion to amend takes the
basic motion which is before the Commission and seeks to change it in some way
The substitute motion. If a member wants to completely do away withthe basic motion
that is before the Commission, and put a new motion before the Commission, they
would move a substitute motion. A substitute motion might be: "I move a substitute
motion that we cancel the annual fundraiser this year."
"Motions to amend" and "substitute motions" are often confused. But they are quite
different, and their effect (if passed) is quite different. A motion to amend seeks to retain
the basic motion on the floor but modify it in some way. A substitute motion seeks to
throw out the basic motion on the floor, and substitute a new and different motion for it,
The decision as to whether a motion is really a "motion to amend" ora "substitute
motion" is left to the chair. So that if a member makes what that member calls a "motion
to amend", but the Chair determines that it is really a "substitute motion". then the
Chair's designation ggverns
Multiple Motions Before the Commission
There can be up to three motions on the floor at the same time, The Chau can reject a
fourth motion until the Chaii has dealt with the three that are on the floor and has
resolved them
until uur regular meeting in October.' Or the motion can contain no specific time for the
return of the item, in which case a motion to take the item off the table and bring it back
to the Commission will have to be taken at a future meeting, A motion to table an item
(oi to bring it back to the Commission) r uires a simple majorin vote.
A motion to limit debate. The most common form of this motion is to say: "1 call the
question." When a member of the Commission makes such a motion, the member is
really saying: "I've had enough debate.. Let's get on with the vote". When such a motion
is made, the Chair should ask for a second stop debate, and vote on the motion to limit
debate. The motion to limit debate requires a 2/3 vote of the Commission. Note: that a
motion to limit debate could include a time limit. For example: "I move we limit debate
on this agenda item to 15 minutes." Even in this format, the motion to limit debate
requires a 2/3 vote of the Commission. A similar motion is a motion to object to
consideration of an item. This motion is not debatable, and if passed, precludes the
Commission from even considering an item on the agenda. It also requires a 2/3 vote.
Majority and Super-Maiority Votes
A tie vote means the motion fails. So in a 15 -member Commission, a vote of 7-7 with
one abstention means the motion fails. If one member is absent and the vote is7-7, the
motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions
come up when the Commission is taking an action which, effectively, cuts off the ability
of a minority of the Commission to take an action or discuss and item. These
extraordinary motions require a 2/3 majority fa super -majority) to pass:
Motion to limit debate. Whether a member says "I call the question" or "1 move to limit
debate", it all amounts to an attempt to cut off the ability of the minority to discuss an
item, and it requires a 2/3 vote to pass.
Motion to close nominations. When choosing officers of the Commission (like the
Chair) nominations are in order either from a nominating committee or from the floor of
the Commission. A motion to close nominations effectively cuts off the right of the
minoriq to nominate officers and it requires a 2/3 vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is
unnecessary since the objectionable item can be tabled, or defeated straight up.
However, when members of a Commission do not even want an item on the agenda to
be considered, then such a motion is in order. It is not debatable, and it requires a 2/3
vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a 2/3 vote to pass, If
the Commission has its own rules of order, conduct or procedure, this motion allows the
Commission to suspend the rules for aparticular purpose
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all la itself: the
motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous
discussion, debate perhaps disagreement and a vote. there must be some closure to the
issue And so, after a vote is taken, the matter is deemed closed, subject only to a re,
opener if a proper motion to reconsider is made.
Appeal. If the Chair makes a ruling that a member of the Commission disagrees with.
that member may appeal the ruling of the chair. If the motion is seconded, and after
debate, if it passes a simple majority vote. then the ruling of the Chair is deemed
reversed.
Call for orders of the day. This is simply another way of saying, "Let's return to the
agenda." If a member believes that the Commission has drifted from the agreed-upon
agenda, such a call may be made. It does not require a vote, and when the Chair
discovers that the agenda has not been followed, the Chair simply reminds the
Commission to return to the agenda item properly before them, If the Chair fails to do
so. the Chair's determination may be appealed.
Withdraw a motion. During debate and discussion of a motion the maker of the motion
on the floor, at any time may interrupt a speaker to withdraw his or her motion from the
floor. The motion is immediately deemed withdrawn, although the Chair may ask the
person who seconded the motion if he or she wishes to make the motion, and any other
member may make the motion ifproperly recognized.
Adapted from Rosenberg's Rules, Robert's Rules)..
Section 6. Committees. The Commission may establish and appoint committees. Each
committee must designate a Chair.
Section 7. Discharge of Members. Any member who has failed to attend two (2)
consecutive meetings without being excused by the Commission shall be discharged
according to the provisions of Minnesota Statutes, Section 410.05, Subdivision 2, as
amended.
Rough Draft #2
Charter History
In the 70's and 80's Lino Lakes experienced a development spurt that saw many projects approved
over the objections of local residents. One of those projects was on Lake Drive that would rally
the citizens over the costs of the assessments not only for the benefited land owners but tax levies
for the citizens in Lino Lakes. At a public hearing for this project approximately 600 people tried
to attend the public hearing but because of city hall being too small it was moved to St. Joseph's
Church. Even though approximately 800 people, as reported by the Circulating Pines Newspaper
were against the project and only a couple of dozen were for it, the city council still passed it.
Faced with this project and discovering that a City Council has absolute power to approve any
project they deem necessary regardless of citizen input decided to form an incorporated group
called Citizens for Responsive Government to fight the development. This group hired an attorney
and successfully fought to stop the project, and to this day in 2011, it hasn't been done. Also they
researched the possibility of having a Charter Government in Lino Lakes to give the citizens a vote
in future assessable projects.
On August 7, 1981, according to state law, district court judge James Knutsen established the
commission and appointed the commission members when a group of city residents petitioned the
court for the group's formation. The commission has the power to draft a city charter, a framing
document that works as a constitution under which the city would operate. After the charter was
drafted, a signed petition was given to City Hall to have its approval put on the ballot. A special
election was held on the 12th of January in 1982, and the Charter was overwhelmingly passed by
an 87% margin. To this day every attempt to delete Sec. 8 of the Charter (property and municipal
improvements) of its power has failed by 70 — 80 percent of the voters. Because of the hard work
of the Volunteer Charter Commissioners and citizens for almost 30 years, we still have the right to
vote on certain improvement projects in Lino Lakes.
The city has grown from 2,000 in 1982 to over 20,216 in 2011. There still is a need to protect
property owners from projects that might not be good for their neighborhood as well as giving
them a voice to have projects put in that they might need in the future. This particular Charter in
Lino Lakes is the voice of the people that can be heard BETWEEN election days.
Charter Government for Lino Lakes in 2011 works for citizens as it did in 1982. It gives the
people the power of Initiative, Referendum, and Recall and the ability to vote on special
improvements in Lino Lakes.