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HomeMy WebLinkAbout08-06-2012 Council Work Session Minutes CITY COUNCIL WORK SESSION August 6, 2012 APPROVED CITY OF LINO LAKES MINUTES 3 4 DATE : August 6, 2012 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 7:00 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, 8 Rafferty, and Mayor Reinert 9 MEMBERS ABSENT : Council Member Roeser 10 11 12 Staff members present: City Administrator Jeff Karlson; Environmental Coordinator 13 Marty Asleson; Public Services Director Rick DeGardner; Public Safety Director John 14 Swenson 15 16 3. Acceptance of Anoka County Recycling Enhancement Grant—Environmental 17 Coordinator Asleson explained new efforts of the Environmental Board regarding their 18 goal of expanding recycling efforts in the city. The Board has decided to pursue the 19 expansion of the city's recycling program to include businesses and discussions have 20 been underway among city and Anoka County staff in that light. Council Member Roeser 21 brought forward the idea of capturing aluminum cans recycled from commercial areas 22 and using proceeds to support a city athletic complex. A fundraising program is being 23 established with the assistance of Ace Solid Waste Anoka County is assisting the city's 24 efforts by contacting businesses to inform them of recycling initiatives and pull them in 25 on the efforts. Mr. Asleson explained also that the city has been approved for a grant 26 through Anoka County in the amount of$26,000 to be used to expand the city's recycling 27 efforts through public education, additional recycling containers and opportunities and a 28 monthly recycling day modeled after the yearly event already held in the city. 29 30 The mayor-asked about tracking success and Mr. Asleson noted that tonnage will be 31 monitored through the vendor and of course funds are anticipated from the can recycling. 32 33 The council-concurred that they would consider authorizing execution of the grant at the 34 next council meeting. 35 36 1. Charter Amendments—Attorney Steve Bubul, Kennedy and Graven, reported to 37 the council. He noted that the council has received a letter that he prepared relating to the 38 charter amendments proposed by the Charter Commission. Regarding the charter 39 imposed levy limit amendment (the"tax cap"amendment),the idea is that the city's 40 maximum levy limit would be calculated under the state law levy limit that was in effect 41 on and off up to 2010. The general legal principal is that the Commission can propose 42 charter amendments, shall give them to the council and the council shall present them to 43 the voters. He added that there is a body of case law that says that councils do not have 44 to submit amendments that are unconstitutional or directly contrary to law. His opinion is 45 that the tax cap amendment is one that the council does not have to submit to the voters 1 CITY COUNCIL WORK SESSION August 6, 2012 APPROVED 46 because it is constitutionally vague and impossible for the city to understand how it can 47 be applied. The state formula for a levy limit is complex and the limit itself has been 48 determined for each city by the state. The city shouldn't be put in a position where it 49 must guess how to calculate the limit and that in itself could expose the city to liability. 50 He noted also that the "2012 levy" is noted and it isn't clear if that is the year levied or 51 the year collected, leaving another question. Also there are problems in the details of the 52 amendment. There is language requiring that new levies for special districts or utilities be 53 included in the limit and that is not clear in how it would be implemented because of its 54 ambiguity and would seemingly not allow bonding for projects that is allowed under state 55 law. The tax cap amendment also includes language regarding net tax capacity but that 56 term is not clear. Mr. Bubul clarified that the Charter Commission does have the 57 authority to put forward an-amendment that includes a levy limit but there is a 58 responsibility to put forward amendments that are workable and constitutional. 59 60 Mr. Bubul then reviewed the other amendment submitted by the Charter Commission 61 (relating to how the Charter-Commission is governed). He explained the three elements 62 of the amendment that contradict Minnesota Statutes, Chapter 410 that governs charter 63 government. The Legislature can change that language and the authority granted by it but 64 that cannot be done by amendment to a city charter. City Attorney Langel has submitted 65 an opinion that is clearly explains why the amendment should not be-put on the ballot. 66 67 Administrator Karlson noted that a resolution has been prepared by legal counsel that 68 rejects both of the amendments. The council concurred that they would be reviewing the 69 legal opinions, directing any questions to the city administrator and considering the 70 matter at the next council meeting. 71 72 The council also reviewed Ordinance No. 05-12 that appears on the Council Agenda for 73 August 13,the council proposed charter amendment regarding financing for special 74 assessments. The amendment has been reviewed and rejected by the Charter 75 Commission. Mr. Bubul explained that-if the council wishes to continue with the 76 statutory process, it would approve a second reading as well as a resolution calling for a 77 special election and establishing ballot language. Ballot language has been drafted and is 78 lengthy because it attempts to explain clearly a somewhat complicated_question. The 79 mayor offered his explanation of the purpose of the amendment and suggested his support 80 for the amendment that he believes will be a fair process; the council has discussed it 81 thoroughly over the past months. 82 83 4. Schedule date to review 2013 budget—The council concurred to schedule a 84 special work session for August 13,to begin upon adjournment of the regular council 85 meeting that evening. The mayor requested that staff provide recommendations to 86 address the impending budget gap. 87 88 2. Request for Formalize Geocache Program in Lino Lakes Parks System — This 89 item was tabled for discussion at a future work session. 90 2 CITY COUNCIL WORK SESSION August 6, 2012 APPROVED 91 REVIEW REGULAR AGENDA ITEMS 92 93 The council reviewed the agenda and discussed the following items. 94 95 Special Presentation, Donation to K-9 fund—Chief Swenson explained that the Police 96 Department is in the process receiving donations to transition the current canine team to a 97 new one. The Lino Lakes Volunteers in Police Service have a donation to present. 98 Mayor Reinert expressed his support for the efforts to continue the important canine 99 program. 100 101 Appreciation for Landscaping Design at Civil Complex—Certificates will be 102 presented to the volunteers that assisted in the planning, design and planting of the area 103 around city hall. The mayor noted that the project has been a great success and he'd look 1-04 forward to seeing some before and after photos at the meeting. 105 106 Expenditures—Centennial Fire District—Council Member Rafferty asked for more 107 information on the purchase of the Zodiac Rescue Boat. 108 109 The meeting was adjourned at 7:00 p.m. 110 111 These minutes were considered, corrected and approved at the regular Council meeting held on 112 August 27, 2012. 113 `- 114 115 (� (116 . �4_r� - - - 11111141- 117 Ju i. e Bartell, Ci Clem Je R-i ert, Mayor 118 3