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HomeMy WebLinkAbout08-21-2008 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA SPECIAL MEETING Thursday, August 21, 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 July 17, 2008 6. Old Business A. Communication Plan 6:40 PM B. Statement of detailed expenses incurred up to August 2008 and Charter Budget Balance (Al Rolek) Read Only 7. New Business A. Incoming Petition to repeal Chapter 8 B. Next meeting date: Monday, September 15, 2008 Adjournment 8:30 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT GUESTS PRESENT DRAFT CITY OF LINO LAKES CHARTER COMMISSION July 17, 2008 6:37 P.M. 9:06 P.M. Aldentaler, Bretoi, Carlson, Dahl, Drennen, Duffy, Gunderson, Lyden, Minar, Stockman Maher, Storberg, Trehus, Vacha, Williams, Zastrow None None None 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 6:37 p.m. on July 17, 2008. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Commissioner Zastrow asked if the Commission can vote for or against the amendment this evening. Chair Duffy requested the addition of two items under New Business (agenda item #7): (1) discussion of the July 16, 2008 email from City Administrator Heitke, and (2) discussion of the open meeting law and communications between Charter Commission members. Chair Duffy also requested the addition of one item under Old Business (agenda item #6B) to discuss the recent Citizen article regarding the Legacy Project. MOTION by Commissioner Dahl, seconded by Commissioner Drennen, to approve the agenda as amended. Motion carried unanimously. OPEN MIKE No one was present for open mike. Charter Commission July 17, 2008 Page 2 DRAFT 44 APPROVAL OF MINUTES — JUNE 18, 2008 45 46 Commissioner Bretoi requested lines 72 and 73 be amended to read "Commissioners Gunderson 47 and Bretoi prefer to vote in favor of something versus petitioning against something." 48 49 MOTION by Commissioner Zastrow, seconded by Commissioner Bretoi, to approve the June 18, 50 2008 Charter Commission meeting minutes, as amended. Motion carried unanimously. 51 52 OLD BUSINESS 53 54 A. Update on Charter Exempt Zones 55 56 Chair Duffy presented the email correspondence from Ms. Marty dated July 16, 2008 regarding 57 Q&A on Charter Exempt Zones, and the memo from Michael Grochala, Community 58 Development Director, dated July 7, 2008 in response to questions submitted to him by 59 Commissioner Trehus on June 24, 2008. 60 61 Commissioner Trehus stated he asked Mr. Grochala if he had had any conversations with 62 residents in exempt zones regarding the Charter amendment; Mr. Grochala replied he had not. 63 64 Commissioner Minar arrived at 6:51 p.m. 65 66 Commissioner Lyden suggested that letting the exempt zones go would be a viable option to 67 pursue. 68 69 Commissioner Trehus stated he could not think of any way those residents in the exempt zones 70 would be detrimentally affected and this would give them the same rights as all other residents. 71 72 Commissioner Lyden expressed some concern regarding the impact to property values of the lots 73 that would lose their opt out rights based on the response given by Mr. Grochala to question #4. 74 75 Commissioner Carlson suggested that rather than putting this on the ballot, the Commission 76 could request an ordinance change. 77 78 Commissioner Trehus concurred and stated there are only a few properties involved. He added 79 there are currently three exempt zones in the City and a provision was placed in the Charter that 80 specifically applies to them that indicates they do not have to pay assessments until such time as 81 they hook up; these properties would then be under the same Charter as everybody else in the 82 City. 83 84 MOTION by Commissioner Zastrow, seconded by Commissioner Carlson, to send a proposal to 85 the City Council to approve by ordinance the elimination of Section 8.07 from the existing 86 Charter. Motion carried unanimously. 87 2 Charter Commission July 17, 2008 Page 3 DRAFT 88 B. Ballot Measure 89 90 Chair Duffy presented a 1995 article written by Kristi Belcamino in the Quad with the headline 91 "Charter amendment wasn't understood; anti -voters lauded for their effort." She noted the article 92 stated nothing could be done unless residents agreed to be assessed for repairs. 93 94 Discussion ensued regarding the pavement management plan and the contents of the 1995 Quad 95 article. 96 97 Commissioner Vacha stated the Charter Commission has spent a considerable amount of time 98 working on the amendment and felt it was important to proceed with the ballot measure. 99 100 Commissioner Lyden stated the Charter Commission's goal should be to put something on the 101 ballot that can get approved. 102 103 Commissioner Dahl stated she wants to see something approved that works for the residents and 104 added she did not feel the Council's amendment is the best thing for the residents. She stated it 105 will be difficult for residents to distinguish between the two proposals. 106 107 Commissioner Drennen stated the voters are going to have to review two complicated versions of the amendment; the Charter Commission is attempting to accomplish the referendum and protect 109 that right for the citizens. He stated the germaine discussion should be how the Charter 110 Commission can best accomplish this. 111 112 The Charter Commission discussed two options: 113 114 Option A: Oppose the City amendment and offer no Charter Commission alternative at this 115 time (status quo) 116 Option B: Oppose the City amendment and offer a Charter Commission alternative 117 118 The Charter Commission discussed the pros and cons of each option. 119 120 Commissioner Drennen stated if the Commission determines it will not offer an alternative at 121 this time, it will be important for the Charter Commission to explain to residents the reasons for 122 its decision, including the fact that the Charter Commission does not want to take the risk of 123 confusing voters on this very complicated issue and that the Charter Commission is pulling back 124 at this time to focus on the issue before the residents, i.e., would you like to have a vote if 125 something impacts you or not? He stated the paramount goal of the Charter Commission is to act 126 on behalf of the residents. 127 128 MOTION by Commissioner Trehus, seconded by Commissioner Carlson, to reject the City 129 Council's proposed City Charter amendment. Motion carried (Commissioner Vacha abstained). ^130 Charter Commission July 17, 2008 Page 4 DRAFT 131 MOTION by Commissioner Bretoi, seconded by Commissioner Gunderson, to offer no Charter 132 Commission amendment proposal at this time. 133 134 Further Discussion 135 136 Commissioner Bretoi stated there was an assumption when Commissioner Trehus made his 137 motion that it included refraining from submitting an alternative amendment at this time. He 138 stated he will withdraw his motion based on the understanding that by having accepted 139 Commissioner Trehus's motion to reject the City's proposal, the Charter Commission is not 140 going to offer an alternative proposal at this time. 141 142 Motion and second withdrawn. 143 144 The Charter Commission discussed the recent article regarding the Legacy Project and use of 145 public funds. 146 147 C. Communication Plan 148 149 Discussion ensued regarding the communication plan and the importance of stressing to voters 150 that the issue before them is very complex and the Charter Commission does not want to confuse 151 voters. 152 153 Commissioner Lyden stated the Charter Commission should consider submitting an editorial 154 regarding the Charter amendment. 155 156 Chair Duffy stated the Charter Commission could also submit an article for publication in the 157 City newsletter. She added it may be helpful to have two articles run side by side with 158 information about the amendment and Q&A. She added the Charter Commission cannot 159 advocate a position one way or the other and the article should simply state the facts. 160 161 It was the consensus of the Charter Commission to submit articles for publication regarding the 162 amendment and to include Q&A. 163 164 Commissioner Storberg arrived at 8:21 p.m. 165 166 Commissioner Gunderson suggested scheduling a meeting with the Quad press to make sure the 167 Charter Commission gets equal time and suggest to the Quad the inclusion of a split page article. 168 169 Commissioner Drennen stated the Charter Commission should review its communication plan 170 and determine the estimated cost for the plan. He offered to work on the communication plan; 171 Commissioners Trehus, Dahl, Lyden, Zastrow, Gunderson, and Duffy also agreed to work on the 172 communication plan. He also suggested sending out a press release. 173 4 Charter Commission July 17, 2008 Page 5 DRAFT 174 Commissioner Lyden suggested including information on the City's website and/or on public 175 television. 176 177 It was the consensus of the Charter Commission that the first priority for the communication plan 178 subcommittee is to prepare a cover letter to the City Council and to submit an article for the City 179 newsletter. 180 181 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to empower the 182 communication plan subcommittee to submit a communication on behalf of the entire Charter 183 Commission without having to come back to the entire body for approval. Motion carried 184 unanimously. 185 186 D. Statement of detailed expenses incurred up to July 2008 and Charter Budget 187 Balance 188 189 Chair Duffy presented the statement of detailed expenses through June 2008 and noted a balance 190 of $3,422.46. She added there will be some additional expenses incurred for TimeSaver Off Site 191 Secretarial and Marty Law Firm, resulting in a remaining balance of approximately $3,000. 192 193 Commissioner Dahl stated the Charter Commission will need to give consideration to its budget ,- 194 request for 2009. 195 196 NEW BUSINESS 197 198 Chair Duffy presented the July 16, 2008 email from City Administrator Heitke inviting her to 199 provide an update at the August 4, 2008 City Council work session regarding the Charter 200 Commission's review of the Citizen's Task Force/Council-initiated amendment. 201 202 Commissioner Drennen suggested that Chair Duffy attend the August 4, 2008 City Council work 203 session and respectfully decline to offer any information whatsoever. 204 205 A. Next meeting date to be decided 206 207 It was the consensus of the Charter Commission to meet on Monday, September 15, 2008, at 208 6:30 p.m. The next regular meeting of the Charter Commission is scheduled for October 9, 2008. 209 210 B. Set next meeting agenda 211 212 It was the consensus of the Charter Commission that the September 15, 2008 meeting agenda 213 will include discussion of the communication plan and ballot question language. 214 215 216 217 Chair Duffy stated that Chief Judge Gary s term ended on June 30th and Timothy 218 Bloomquist is now the Chief Judge. 219 220 Open Meeting Law 221 222 Chair Duffy stated she discussed the open meeting law with the attorney and Ms. Marty has 223 assured her that everything sent thus far via email does not violate the open meeting law. She 224 reviewed the provision contained in the handbook from the League of Minnesota Cities regarding 225 use of technology and reminded all Commissioners to remain cognizant of the open meeting law. 226 227 ADJOURN 228 229 MOTION by Commissioner Dahl, seconded by Commissional- Minar, to adjourn. Motion carried Charter Commission July 17, 2008 Page 6 Miscellaneous DRAFT 230 unanimously. 231 232 Respectfully submitted, 233 234 Barbara Hughes 235 TimeSaver Off Site Secretarial, Inc. 6 Date: 08/15/2008 Account# / Title Time: 10:00:38 City of Lino Lakes FM Reports - Period Expenditure Report Operator: ajr Page: 1 Calendar Period: 01/2008 To: 08/2008 Fiscal Period: 01/2008 To: 08/2008 Budget Thru: 12/2008 Original Net Budget Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 101-405-4300-999 GENERAL CHARTER PROFESSIONAL Tr Date Type Journal Receipt 0.00 0.00 5,000.00 Check#/Date Vendor 0.00 0.00 5,000.00 0.00 0.00 1,790.79 Description 0.00 0.00 1,790.79 0 0 36 Amount 02/11/08 02/25/08 02/29/08 04/14/08 05/27/08 05/27/08 08/25/08 INV -IN INV -M PST-je INV -IN INV -IN INV -IN INV -IN 6907 82294 02/11/08 TIMESAVER OFF-SITE SECRETARIAL 6973 82317 02/12/08 MARTY LAW FIRM, LLC 7087 1 7070 82672 04/14/08 MARTY LAW FIRM, LLC 7217 82998 05/27/08 MARTY LAW FIRM, LLC 7217 83028 05/27/06 TIMESAVER OFF-SITE SECRETARIAL 7400 07/28/08 TIMESAVER OFF-SITE SECRETARIAL 101-405-4301-000 GENERAL CHARr3( MUNICIPAL ATT 101-405-4322-000 GENERAL CHARTER POSTAGE 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 101-405-4340-000 GENERAL CHARTER ADVERTISING Tr Date Type 500.00 0.00 0.00 200.00 Journal Receipt Check#/Date Vendor 500.00 0.00 0.00 200.00 CHARTER MEETING LEGAL SERVICES/CHAR1s3 Rev Marty Law Firm,ch8231 PROFESSIONAL SERVICES/cHA PROFESSIONAL SERVICES/CHA CHARTER COMMISSION 4-17 CHARTER MEETING Detail Total: 0.00 0.00 0.00 99.45 Description 0.00 0.00 0.00 99.45 0 0 0 50 0.00 0.00 3,209.21 213.25 3,060.46 3,060.46- 846.31 274.48 243.50 213.25 1,790.79 500.00 0.00 0.00 100.55 Amount 03/10/08 03/31/08 04/14/08 05/27/08 06/23/08 08/25/08 INV -IN PST-je INV -IN INV -IN INV -IN INV -IN 6996 7219 7070 7217 7276 7400 82459 03/10/08 1 82693 04/14/08 83014 05/27/08 83218 06/23/08 08/25/08 101-405-4343-000 GENERAL CHARTER NEWSLETTER 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA GRAND TOTAL PRESS PUBLICATIONS, INC. PRESS PRESS PRESS PRESS PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, PUBLICATIONS, 0.00 0.00 0.00 5,700.00 INC. INC. INC. INC. 0.00 0.00 0.00 5,700.00 ADV CITY COUNCIL WORK SES Correct code for ch #8245 ADVERTISING/CHARTER COMMI CHARTER COMMISSION ADVERTISING CHARTER COMMI SPECIAL WORK SESSION Detail Total: 0.00 0.00 0.00 1,890.24 0.00 0.00 0.00 1,890.24 0 0 0 33 22.95 22.95- 38.25 22.95 15.30 22.95 99.45 0.00 0.00 0.00 3,809.76 Affidavit of Circulator State of Minnesota ) ss. County of Anoka ) (Name Of Circulator) 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) Printed name: 60,01 l'e, C/1/ru Subscribed and sworn to before me this /1 day of 2y CA, Notary Public (or other officer) authorized to administer oaths CONSTANCE L DUELIMAN NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 3013 kes Citizens Petition to Amend the Lino Lakes Charter regarding procedures for Special Assessments All information on this petition is subject to public inspection. re, the undersigned registered voters of the City of Lino Lakes, petition to amend the Lino Lakes Charter regarding -ocedures for special assessments. (Text of proposed Charter amendment attached) he purpose of this petition is to amend the City of Lino Lakes Charter by replacing Chapter VIII of the Lino Lakes harter with Minnesota Statutes Chapter 429 in its entirety which prescribes procedures for the special assessments ►r public improvement projects, such as the reconstruction of roads. icorporating MN Statute 429 would allow the City of Lino Lakes to operate like the vast majority of municipalities ► the State of Minnesota by having the Lino Lakes City Council make decisions regarding the reconstruction of the ity of Lino Lake's roads, as opposed to current provisions of Chapter 8 of the City of Lino Lakes Charter, which :quires a City wide referendum when construction is financed, in part, through special assessments. "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." later Signature DOB Printed Name Address (m/d/y) (Fir/Mid/Lst) (add/city/county) (4 oi.61 fir,/08 41/olf Of» logWA/at/ --(1/2ef / _4/44-z37__ (0 -5---(py I 7V,,L. 3 is t /Loa. CFI 01/7611F.5 [ 1) otq, eze..;;woe r .A.6,4 cl Wric'U H Kn/,t2.1-)S 1c6/i-/ rry 1 ek %-5-7 )1P1Fa-iwsZt:1 . L atiatai nitr;LI- N 1yizvE ,,, I a/6 ec/ rJt &) L; q /Z ,\e0117kci LM(iIN\ (7C(-73 v : Dl( 1(1" 1q I laUUjlIS C CTS kkokAti tVL C -f A.10 igeAl 011. '1 l two I- n 1 Di L,`q.o Cuks Co itt tttee of Petitioners (Lino Lakes Citizens for safer roads): Jack Sargent 1357 Hunters Ridge Peter T. Brown 6897 Black Duck Dr. James Stern 6820 West Shadow Lake Drive Joe Stranik 6324 Deerwood Lane Paul Tralle 945 Evergreen Trail Lino Lakes Lino Lakes Lino Lakes Lino Lakes Lino Lakes MN MN MN MN MN 55014 55014 55014 55014 55014 Text of Charter Amendment Section 1. Chapter VIII, Sections 8.01 through 8.07 of the Lino Lakes Charter ate repealed. Section 2. New Chapter VIII, Section 8.01 of the Lino Lakes Charter is approved to read as follows: The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law.