HomeMy WebLinkAbout07-17-2008 Charter PacketLINO LAKES CHARTER COMMJSSION
AGENDA
Thursday, July 17, 2008
1. Call to Order and Roll Call 6:30 PM
2. Pledge of Allegiance 6:32 PM
3. Approval of Agenda 6.33 PM
4. Open Mike 6:34 PM
5. Approval of Minutes: 6:34 PM
June 18, 2008
6. Old Business
A. Update on Charter Exempt Zones 6:35 PM
B. Ballot Measure 7:15 PM
C. Communication Plan 9.00 PM
D. Statement of detailed expenses incurred up to July 2008 .
And Charter Budget Balance (Al Rolek) Read Only
7. New Business
A. Next meeting date to be decided
B. Set next meeting agenda
Adjourn 9:30 PM
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Charter Commission Meeting
June 18, 2008 DRAFT
Page 1
CITY OF LINO LAKES
CHARTER COMMISSION MEETING
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
CITIZENS PRESENT
: June 18, 2008
. 6:39 P.M.
. 9:50 P.M.
: Bretoi, Carlson, Dahl, Duffy, Gunderson, Lyden,
Minar, Storberg, Trehus, Williams, Zastrow
: Aldentaler, Drennen, Stockman Maher, Vacha
: None
: None
: Bob Bening, 6788 East Shadow Lake Dr; Jerry
Poehling, 6790 West Shadow Lake Dr; Joe Stranek,
6324 Deerwood Ln, EDAC; Peter Brown, 6897 Black
Duck Dr, Task Force Member; Laura Carlson, 585 Ash
St, Task Force Member; Deb Barnes, The Citizen
(press)
CALL TO ORDER AND ROLL CALL
Chair Duffy called the meeting of the Lino Lakes Charter Commission to order at 6:38 p.m. on
June 18, 2008.
PLEDGE OF ALLEGIANCE
OPEN MIKE
Bob Bening asked Chair Duffy about e-mails and if any had been deleted. Chair Duffy
responded that perhaps a few from City Clerk Julie Bartell have been deleted but others have not.
Chair Duffy asked Mr. Bening if there was something he was interested in and his response was
"no." Jerry Poehling, Joe Stranek, Peter Brown, Laura Carlson and Deb Barnes.
APPROVAL OF MINUTES
MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to approve the minutes
of May 22, 2008. Motion carried with Commissioner Trehus abstaining.
OLD BUSINESS
A. Potential Charter Amendment Changes
1
Charter Commission Meeting
June 18, 2008 DRAFT
Page 2
44
45 Commissioner Trehus summary: Initiate project 25%, Oppose project 51% is in current Charter.
46 His proposal is 25% or whichever is greater. Commissioner Trehus also proposed utilizing
47 ranked ballots when tabulating neighborhood preferences.
48
49 MOTION by Commissioner Trehus to consider adopting the two proposals. Commission Lyden
50 seconded for discussion. Storberg calls the question: Motion fails with Trehus voting yes;
51 Lyden, Bretoi abstaining, all other commissioners voting no.
52
53 B. Previously Discussed Amendment Changes
54
55 Commercial Zone
56
57 Fourteen owner occupied properties in this area and can opt out of assessments where as no other
58 property can. Discussion about how eliminating this exempt zone would affect the property
59 owners.
60
61 Mike Trehus and Harry Carlson agreed to talk with Mike Grochala to have further questions
62 answered. If he cannot answer them, we may want to refer the questions to our attorney.
63
64 Cap on Petition Signatures
65
66 Commissioner Dahl is in favor of having a cap of 500 signatures for the petitioning process.
67 Proposed amendment by Charter commission is at 12%. Commissioner Carlson against this -
68 against any changes to our amendment now. Commissioner Lyden agrees with the 500 and not
69 to exceed 500 signatures. Commissioners Trehus and Zastrow do not want to eliminate the
70 referendum.
71
72 Commissioners Gunderson and Bretoi agree that to petition against is harder than to petition for
73 things.
74
75 Commissioner Carlson thought that if a maximum is established, shouldn't a minimum also be
76 set?
77
78 It was suggested to see if the City Council would be willing to remove Charter Exempt Zone 3 by
79 ordinance.
80
81 Commissioner Trehus motions that we further consider cap on petition signatures, Commissioner
82 Dahl seconded. Commissioner Storberg called the question: In favor five, Trehus, Dahl, Lyden,
83 Bretoi, Zastrow. Opposed Duffy, Carlson, Gunderson, Minar, Storberg. Motion fails.
84
85 Commissioner Carlson excused at 8:57 p.m.
86
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Charter Commission Meeting
June 18, 2008 DRAFT
Page 3
87 Ballot Measure
88
89 Discussion about the option to put the Charter Commission amendment on the ballot. It is not
90 clear if the questions would be worded in which voters would have to choose only one option.
91 Anoka County would prefer to keep the questions simple but the city has control over their
92 question language, but not that of the Commission.
93
94 MOTION by Commissioner Gunderson to abandon the Charter amendment, seconded by
95 Commissioner Minar. Question called by Commissioner Storberg. Motion fails. Minar,
96 Storberg and Gunderson voted yes, with Bretoi, Dahl, Duffy, Lyden, Trehus and Zastrow voted
97 no.
98
99 MOTION by Commissioner Storberg to vote at the July 17th meeting in person or by proxy to
100 put the Commission amendment on the ballot. Motion withdrawn after it was noted that By -
101 Laws do not support proxy voting.
102
103 Commissioner Lyden stated to forward our amendment to the council to approve or deny as an
104 ordinance.
105
106 MOTION by Commissioner Trehus to limit further recommendations to amendment but later
107 withdrawn.
108
109 MOTION by Commission Dahl to table Communication Plan until July 17th meeting, seconded
110 by Bretoi. Motion passed.
111
112 NEW BUSINESS
113
114 Set July 17, 2008 Meeting Agenda. Chair Duffy set the following agenda for the July 17, 2008
115 Charter Commission Meeting:
116
117 Commercial Zone
118 Ballot Measure Vote
119 Communication Plan
120 Vote on How to Proceed
121
122 ADJOURN
123
124 No quorum for motion to adjourn.
125
126 Respectfully Submitted,
127
128 Caroline Dahl
\.. 129 Charter Commission Member/Vice Chair/ Acting Secretary
MEMORANDUM
DATE: July 7, 2008
TO: Mike Trehus, Charter Commission
FROM: Michael Grochala, Community Development Director
RE: Response to Questions
Below are my responses to the questions contained in your June 24, 2008 e-mail. My
response is underlined and in bold.
1) If the City's most recent Charter amendment proposal were to be adopted and the
exempt zones and their opt -out rights removed, would the residences who
currently have sewer available but aren't hooked up yet then become subject to
assessment for those existing utilities? In other words, would these properties be
assessed retroactively once the charter change took effect, or would they
grandfathered in, and wouldn't pay any money until the time of the hookup?
The amendment proposal has no effect on the residences who already have
utilities available. As with properties outside the charter exempt areas not
previously assessed, a connection charge would be collected at the time of hook
2) If the exempt zones are removed, could the assessment amount and/or hookup
charges for any future project(s) be any different for any of the properties
currently in any of the exempt zones than how those properties would be treated if
the exempt zones remain?
No. Whether you are in or out of the exempt zone does not have an impact on
the assessment amount or hook-up fee. The assessment amount or hook up fee
may vary based on the project costs and the benefit received. The hook-up
charge is increased annually to compensate for inflation and construction cost
increase. This cost is applied uniformly to both exempt and non exempt
properties.
J:\Charter\Response to Charter Questions.dot
3) Over the past 16 years, some of these residential properties have been protected
by the opt -out clause while the ownership, land use, and makeup of their
neighborhoods has changed, in part due to non-residential zoning. Would
removing the exempt zones and opt -out rights suddenly leave these property
owners susceptible to expenses they might otherwise be protected from? Beyond
this, do you see any way they might be harmed if the zones are eliminated? Is
there any way a similar susceptibility could come about affecting any of the other
properties in any exempt zone?
Under the existing charter provisions an individual, owner occupied, single
family residential unit within the charter exempt areas can opt out. Under the
proposed amendment all property owners city wide are treated equally. If the
exempt zones are eliminated than they could not opt -out individually, but rather
would be subject to the decision of the majority of property owners within a
specific project area.
4) What might be the impact to the property values of the lots that would lose the
opt -out rights (if any)? Additionally, could removing the exempt zones affect the
property values of any of the properties in these 3 zones?
No. The charter provision does not have any apparent relationship to property
values. We sent this question and the proposed amendment to Mike
Sutherland, Anoka County Assessor. His response was that the proposed
amendment would not cause them to automatically adjust any property values.
Property values are based on the market place, indicated by records of property
sales.
5) In all 3 zones, could changing the rules governing assessable projects as is being
proposed give any of those owners legitimate grounds to sue the city for damages
(or incurred costs)?
No. What would the damages be? Assessments, as governed by state law, are
based on the special benefit received as a result of the project.
6) The Commission is looking for "before and after pictures" of how the proposed
changes would/could affect these properties. Is there anything else you can
provide to help accomplish this?
As noted in question no. 3, the only difference is that these properties would be
subject to the same requirements as everyone else in the city. They could not
opt -out individually, but rather would be subject to the decision of the majority
of property owners within a specific project area.
Please feel free to contact me with questions at (651) 982-2427.
J:\Charter\Response to Charter Questions.dot
Page 2 of 3
CALL TO ORDER AND ROLL CALL
lair Duffy called the meeting of the Lino Lakes Charter Commission to order at 6:38 p.m.
on June 18, 2008.
PLEDGE OF ALLEGIANCE
OPEN MIKE:
Bob Bening asked Chair Duffy about e-mails and if any had been deleted. Chair Duffy responded that perhaps a
few from City Clerk Julie Bartell have been deleted but others have not. Chair Duffy asked Mr. Bening if there
was something he was interested in and his response was "no". Jerry Poehling,
Joe Stranek, Peter Brown, Laura Carlson and Deb Barnes.
APPROVAL OF MINUTES
MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to approved the minutes of May 22,
2008. Motion carries with Commissioner Trehus abstaining.
OLD BUSINESS
A. Potential Charter Amendment Changes
Commissioner Trehus summary: Initiate project 25%, Oppose project 51% is in current Charter. His proposal is
25% or whichever is greater. Commissioner Trehus also proposed utilizing ranked ballots when tabulating
neighborhood preferences.
LOTION by Commissioner Trehus to consider adopting the two proposals. Commission Lyden seconded for
discussion. Storberg calls the question: Motion fails with Trehus voting yes; Lyden, Bretoi abstaining, all other
commissioners voting no.
B. Previously Discussed Amendment Changes
Commercial Zone
Fourteen owner occupied properties in this area and can opt out of assessments where as no other property can.
Discussion about how eliminating this exempt zone would affect the property owners.
Mike Trehus and Harry Carlson agreed to talk with Mike Grochala to have further questions answered. If he
cannot answer them, we may want to refer the questions to our attorney.
Cap on Petition Signatures
Commissioner Dahl is in favor of having a cap of 500 signatures for the petitioning process. Proposed
amendment by Charter commission is at 12%. Commissioner Carlson against this - against any changes to our
amendment now. Commissioner Lyden agrees with the 500 and not to exceed 500 signatures. Commissioners
Trehus and Zastrow do not want to eliminate the referendum.
Commissioners Gunderson and Bretoi agree that to petition against is harder than to petition for things.
Commissioner Carlson thought that if a maximum is established, shouldn't a minimum also be set?
It was suggested to see if the City Council would be willing to remove Charter Exempt Zone 3 by ordinance.
Commissioner Trehus motions that we further consider cap on petition signatures, Commissioner Dahl seconded.
Commissioner Storberg called the question: In favor five, Trehus, Dahl, Lyden, Bretoi, Zastrow. Opposed Duffy,
Carlson, Gunderson, Minar, Storberg. Motion fails.
7/2/2008
Page 3 of 3
Commissioner Carlson excused at 8:57 p.m.
allot Measure
Discussion about the option to put the Charter Commission amendment on the ballot. It is not clear if the
questions would be worded in which voters would have to choose only one option. Anoka County would prefer to
keep the questions simple but the city has control over their question language, but not that of the Commission.
MOTION by Commissioner Gunderson to abandon the Charter amendment. Seconded by
Commissioner Minar. Question called by Commissioner Storberg. Motion fails. Minar, Storberg and
Gunderson voted yes, with Bretoi, Dahl, Duffy, Lyden, Trehus and Zastrow voting no.
MOTION by Commissioner Storberg to vote at the July 17th meeting in person or by proxy to put the
Commission amendment on the ballot. Motion withdrawn after it was noted that By -Laws do not
support proxy voting.
Commissioner Lyden stated to forward our amendment to the council to approve or deny as an
ordinance.
MOTION by Commissioner Trehus to limit further recommendations to amendment but later
Withdrawn.
MOTION by Commission Dahl to table Communication Plan until July 17th meeting. Seconded by
Bretoi. Motion passes.
_ 1EW BUSINESS
SET JULY 17, 2008 MEETING AGENDA
Chair Duffy set the following agenda for the July 17, 2008 Charter Commission Meeting:
Commercial Zone
Ballot measure vote
Communication Plan
Vote on how to proceed
ADJOURN
No Quorum for motion to adjourn.
Respectfully Submitted,
Caroline Dahl
Charter Commission Member/Vice Chair/Acting Secretary
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7/2/2008