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HomeMy WebLinkAbout04-12-2007 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA April 12, 2007 1. Call to Order and Roll Call 2. New Commissioner Swearing-In/Welcome 3. Pledge of Allegiance 4. Approval of Agenda 5. Open Mike 6. Approval of Minutes t,.... -K. -January 11, 2007 6:30 PM 6:31 PM 6:32 PM 6:33 PM 6:35 PM 6:45 PM 7. Old Bess 6:55 PM . By Laws with Charter Compatibility 1.) Annual Review a.) Article 2 Section 2 & Section 4: annual report timelines B. Budget 7:10 PM Reports from Gordon Heitke, City Administrator (read only) 1.) Charter budget for 2005-2006 2.) Actual Charter monies spent to date 3.) Quarterly update in Charter packet. C. Five Year Plan 7:20 PM 1.) Sub -Committee final report: Commissioners: Trehus, Vacha, Montain and Dahl. D. Updated Charter Commissioner Terms 1.) Notification of expiring terms 2.) Commissioner re-application to Chair by October E. Taxpayer Bill of Rights 1.) Mounds View Charter Amendment a.) Charter Discussion 7:25 PM 7:30 PM F. Sub -committee Attorneys report (Dahl &Trehus) 8:10 PM 8. New Business A. Chairperson election B. Vice -chair election 8:20 PM C. Concerns on Charter Changes 8:25 PM D. 2030 Charter Advisory Panel 9:05 PM 9. Set Agenda for July 12, 2007 9:30 PM 10. Adjournment 9:35 PM Charter Commission April 12, 2007 Page 2 42 APPROVAL OF MINUTES/v_ e, 43 cjyoCG� (-zf 44 45 46 47 48 49 Chair Duffy noted on Line 374, she did not make those comments. She believed Commissio er ti tll 50 Dahl made those comments.1 (�,, 52 �'1-'r v,ir , 53 54 55 56 57 B. Format of Minutes — Commissioner Trehus stated the City Council and other Boards 58 have gone to more abbreviated form of minutes and he recommended the Charter Commission 59 also do this. He recommended the agenda item and the action taken to be recorded only. 60 61 62 MOTION by Commissioner Trehus, seconded by Commissioner Bor, to approve abbreviated 63 Minutes. 64 65 Commissioner Bening requested certain discussions be put in the Minutes if requested by a 66 Commissioner. 67 68 Commissioner Dahl requested they try this to see if it would work, but if the majority did not like 69 this new format, it could be changed back. 70 71 Commissioner Vacha requested an amendment they take tonight's meeting with the new format 72 and then they revisit this at the next meeting. Commissioner Trehus agreed to the amendment. 73 74 Amended Motion carried unanimously. 75 76 OLD BUSINESS 77 78 A. By Laws with Charter Compatibility 79 1. Annual Review 80 a.) Article 2 Section 2 & Section 4: annual report timelines 81 82 83 MOTION by Commissioner Trehus, seconded by Commissioner Stockman Maher, to change 84 Article 2, Section 2, where it starts - Each year ... delete "at the October" and insert "on or before 85 the April". Motion carried unanimously. 7 Commissioner Bening noted on Page 10, Line 378 there was no motion a ove the vote. He recommended they delete that line. Commissioner Trehus stated on Page 2, line 73, there was also a Road Reconstruction and Staff Discussion and there was a vote to table this. y_ Conunissioner Dabliable to .the near barter Commission meeting minutes for further 2 1I 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 44 45 Charter Commission January 11, 2007 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT DRAFT CITY OF LINO LAKES CHARTER COMMISSION MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT : January 11, 2007 . 6:34 P.M. : 10:13 P.M. : Dahl, Aldentaler, Trehus, Vacha, Bening, Duffy, Storberg, Warren, Bor (arrived at 6:45 p.m.), Rosemary Williams, Richard Williams, and Carlson : Handrick, Montain, and Zastrow : None : None CALL TO ORDER AND ROLL CALL Chair Warren called the regular meeting of the Lino Lakes Charter Commission to order at 6:34 p.m. on January 11, 2007. APPROVAL OF AGENDA The following items were added to the agenda: • Item 5C, CD's of Charter Minutes • Item 8C, Chair Comments • Item 8D, Terms of Charter Members • Item 8E, Legal Council The agenda was approved as amended. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES July 13, 2007 -Commissioner Carlson referred to sentence extending from line 73 to line 75 and after listening to the tape corrected the sentence to read "...can of worms if the judge is told now he is limited to one Council Member to the Commission." Commissioner Trehus referred to line 83 and requested that sentence be deleted. MOTION by Commissioner Trehus, seconded by Commissioner Duffy, to approve the July 13, 2006 meeting minutes as amended. Motion carried unanimously. Charter Commission January 11, 2007 Page 2 DRAFT 46 47 October 12, 2007 -Commissioner Trehus referred to line 44 and corrected the sentence to 48 read, "Commissioner Trehus stated he had invited the Commission, Community 49 Development..." 50 51 Commissioner Trehus referred to line 46, correcting the sentence, "because of staff 52 attending a meeting..." 53 54 Commissioner Storberg referred to line 150 correcting the sentence by adding "for 55 discussion," after the word "seconded." 56 57 MOTION by Commissioner Trehus, seconded by Commissioner Carlson, to approve the 58 October 12, 2007 meeting minutes as amended. Motion carried unanimously. 59 60 CD's of Minutes 61 62 Commissioner Dahl stated that she offered to supply a CD with the meeting minutes in a 63 PFD format to any Commissioner at no charge, in addition to a copy for the closet. 64 Commissioner Duffy noted that for a copy of the packet and minutes the cost was $7.00. 65 66 Chair Warren indicated the PDF format could not be changed, and it was a great service 67 she was offering. 68 69 Commissioner Trehus stated he would like a copy of the CD. 70 71 OLD BUSINESS 72 73 A. Road Reconstruction and Staff Discussion (Staff) 74 75 Chair Warren tabled this item because there was no staff present. 76 77 78 Chair Warren stated that the Commission issued an invitation to address the Charter 79 Amendment with Council and City Staff. After several phone calls, there were concerns 80 about the meaning of the response. The City Administrator noted the specific staff could 81 not supply the depth for the project to go forward. The State and Charter requirement 82 details needed to be understood by the Council and Commission. He recommended a 83 training session for the Commission, staff and Council. 84 85 Commissioner Trehus noted he disagreed with points a -d in the material the City 86 Administrator gave for denying access to information. Commissioner Bening indicated 87 he believed it was an acceptable response, and was in favor of a joint meeting. If Council 88 wanted a change, they could propose it. 89 90 Charter Commission January 11, 2007 Page 3 DRAFT '' 91 Commissioner Bor stated that it was not the position of City Staff to provide the 92 information to assess if an amendment was necessary. Chair Warren responded he was 93 speaking for Council and Staff. She believed they should work with the Commission, 94 even if the request for specific City staff was ineffective. A joint meeting might help 95 define what could and could not be done. 96 97 Commissioner Trehus expressed concern they should allow access to City staff, and 98 should not direct the Commission to training. He believed it was hindering the process. 99 100 Commissioner Bening asked for clarification. Commissioner Trehus answered that the 101 Commission requested information and was denied. The people holding the 102 neighborhood surveys knew the issues. 103 104 Commissioner Duffy indicated the intent of the Commission was to see if there was a 105 viable alternative. She directed the Commission to a note from William Hawkins and 106 Associates dated April 12, 2005 and addressed to the City Administrator referring to 107 Minnesota Statute 410. 108 109 Chair Warren noted the possibility that the Commission might not be inviting enough 110 people or the right people. She wanted to involve the people who would move it forward. 111 She recommended the item also be discussed at the next meeting. At the July meeting, 112 the Commission would draft an amendment and have it ready for the vote. 113 114 Commissioner Bor questioned if the letter gave any assurance that something could be in 115 place. 116 117 Commissioner Storberg inquired if any progress had been made since the last meeting. 118 She believed it should be initiated to benefit the roads and recommended tabling the issue 119 to allow Council and Staff to approach the Commission. 120 121 Commissioner Vacha agreed that the issue should be tabled. Commissioner Carlson 122 concurred, stating that Council should be motivating the Commission to act. 123 124 Chair Warren stated that Council could make an amendment that might not serve the 125 community. Commissioner Trehus responded he did not believe that Council was trying 126 to work with the Commission. If the Commission did not go forth with the issue, the 127 amendment concern did not automatically rest. He noted the City Administrator 128 indicated that Council would decide. He was willing to go to a training session. 129 130 Commissioner Storberg reminded the Commission of the stadium example. 131 132 MOTION by Commissioner Storberg, seconded by Commissioner Rosemary Williams, 133 to table any further discussion on road construction to be opened at the time of the 134 Commission's choice. Motion carried unanimously. 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Charter Commission January 11, 2007 Page 4 DRAFT Commissioner Bor noted the group expressed concern about requesting and obtaining information. The situation could continue as it had in the recent past. Commissioner Dahl added that it confused her that the staff people in question were not the appropriate individuals to speak with. If the Commission was not aware that an attorney was necessary as well, staff should have noted to include him. Chair Warren decided to delay the vote on this issue until after the Commission addressed the Mounds View Ballot Amendment. (See page 9 for vote.) B. Outcome of Citv Staff and City Council actions with Charter Amendment A. Mounds View Ballot Amendment The Commission and Mounds View Charter Commission representatives introduced themselves. Jonathan Thomas is the Chair and Barbara Thomas is the Secretary of the Mounds View Charter Commission. Commissioner Dahl stated she went to their Charter Commission meeting to meet them and noted their meeting was on cable. She found them very gracious and brought them to the Lino Lakes Charter Commission. Chair Warren greeted them and thanked them for coming. Mr. Thomas stated he has been the chair for the Mounds View Charter Commission for eight years. There was an original request to rewrite budgeting and taxation. The other request addressed TIF, however in their view it covered too much. They submitted eleven amendments, where two were rejected and the rest ignored by Council. The reason given was that it was in the wrong format, so Council was able to ignore them. They sought advice from an attorney because they wanted to draft a template structure. The content was if a vote was unanimous, then the amendment would be adopted, if not it would go to a majority vote. He referred to the subdivision, including a timing issue. They were told not to respond. As chair, he requested the City Attorney address the problems in the memo. In the end, two formats were drafted. Five amendments were drafted in the last three years, four of which were ordinances. All were adopted. Commissioner Storberg inquired about the number of Commissioners. Mr. Thomas answered there were 15 members, but currently only seven. Commissioner Storberg questioned if the Charter had been "watered down." Mr. Thomas responded it had been strengthened. Commissioner Storberg stated there was strong opposition to being a Charter city. Mr. Thomas answered there had been attempts to remove half of the Charter by a small group of the people on their Charter Commission. He was asked to be on the Commission as a negotiator. Charter Commission January 11, 2007 Page 5 DRAFT 181 182 Commissioner Storberg inquired if they received funding from Council. Mr. Thomas 183 responded that Council could add to it, but the only money they spent was for the packet. 184 185 Commissioner Storberg questioned if their Council allowed access to the City Attorney. 186 Mr. Thomas stated they allowed access to the City Attorney one or two times per year. 187 In the joint meetings, the City Attorney was present on behalf of the Council. 188 189 Chair Warren inquired if Council made recommendations to the Charter. Mr. Thomas 190 responded that they did make recommendations to the Charter; however, only a few 191 requests required their input. Their Charter Commission also did research and 192 discussion. 193 194 Commissioner Trehus asked for clarification concerning the budget in dealing with 195 Council conflicts. Mr. Thomas stated they were working to restrict taxation, which was 196 ignored. Fridley had worked on their Charter so that taxes would not be increased by 197 more than 5% per year. 198 199 Commissioner Trehus questioned if they had worked with Council. Mr. Thomas 200 explained that there were four meetings with Council, presenting drafts and discussing 201 them. He indicated that staff was helpful. 202 203 Commissioner Trehus inquired about the reason Council would want limitations. Mr. 204 Thomas stated the Charter could limit the less conservative Council members. 205 206 Commissioner Trehus asked if the issue was written in the paper, or on cable. Mr. 207 Thomas responded they had used both and the press called him several times a week at 208 certain times. 209 210 Commissioner Trehus questioned who had decided on the mechanics of the process. Mr. 211 Thomas answered that he did the research on the balloting process. 212 213 Ms. Thomas added that the clerk issue was different from the amendment side. Mr. 214 Thomas explained that the clerk supplied information on timing and sent copies of 215 documents to people. The entire Commission was involved. He distributed copies of the 216 document. Once completed, they were converted to City Council resolutions. The form 217 needed to be drafted by a legal firm to be voted on. He had requested to see the draft in 218 the process and commented on it before the vote, because it needed clarification. He 219 indicated that now they were in good standing because there was a continual interface. 220 The agendas for joint meetings were created to foster common ground. When an 221 amendment was put on the ballot the City requested it to be complete between the 222 budgeting year, so "Effective on," was beginning the new budget year. 223 224 Chair Warren noted that it appeared that they had significant access to the League of 225 Minnesota Cities. However when the Charter Commission approaches them, they seem Charter Commission January 11, 2007 Page 6 DRAFT 226 to want to dialogue with Council but not the Commission. Mr. Thomas answered he 227 went to visit them. 228 229 Commissioner Storberg inquired if any mailings were distributed. Mr. Thomas 230 1 responded that there were no mailings; however, a statement was made and was replayed 231 several times a week. As a result, 78% of the voters were in favor of the amendment, 232 which was more than voted for the mayor. 233 234 Ms. Thomas stated Council was financially very supportive of the limitations. It was an 235 eight-year process to have it come together. Mr. Thomas stated taxes were not raised 236 more than 5% per year. 237 238 Commissioner Trehus asked for clarification. Mr. Thomas answered the lesser of the 239 consumer price index, and was explained in three pages. It was the most difficult part in 240 the Charter, but it was not the most important accomplishment. The most important 241 accomplishment was the rest of chapter 7 that was clarified so that anyone could 242 understand the process. 243 244 Chair Warren inquired if they ever had difficulty with accessing City staff. Mr. Thomas 245 admitted the tension was high when he began on the Commission. With the election of a 246 new mayor, there was a fresh start. It took time to change the environment. 247 248 Ms. Thomas stated at that time there was a new mayor and new City Attorney. Mr. 249 Thomas added that some Commissioners would work with the mayor, but they were 250 outnumbered. 251 252 Ms. Thomas noted that the term for mayor was only two years. Mr. Thomas indicated 253 there were originally 15 members on the Charter Commission, now there were only six 254 members because many resigned. 255 256 Commissioner Dahl inquired if the success rate was attributed to televising the meetings. 257 Mr. Thomas answered that the impact of the meetings being televised was very small 258 because less than 50% of the residents had cable. 259 260 Commissioner Dahl questioned the guests concerning the impact of web streaming. The 261 Charter Commission was not on the web as yet. Mr. Thomas responded it was on during 262 the recent past, but they were in the process. He explained that five years ago they had 263 joint meetings with Council to identify concerns that they could agree on. It was 264 apparent that staff had concerns dating back 15 years that had not been addressed. Those 265 were the first the Commission worked on. The second category was to identify things to 266 be done, and define a process to go to voters for the decision. The third category was the 267 concerns that were too much work, such as the system of taxation, upgrading chapter 7, 268 chapter 5 referendums and recall. 269 Charter Commission January 11, 2007 Page 7 DRAFT 270 Commissioner Trehus indicated that they had two members exercise a recall. Ms. 271 Thomas clarified the difference between the repeal of an ordinance and recall. Recall 272 was if an elected official was convicted of criminal activity it would be considered 273 malfeasance, but the judge would require them to relinquish their position. 274 275 Mr. Thomas explained that the court defines the terms as criminal behavior. It was 276 clarified in their Charter in a footnote that was submitted to Commission guidelines that 277 were drafted, and copies of the amendment were distributed. 278 279 Commissioner Storberg inquired about the relationship between Council and Charter 280 Commission. Ms. Thomas stated that her being a Council member and Commissioner 281 was helpful because she knew the timing and scheduling in the City. 282 283 Commissioner Storberg asked for clarification on the frequency of their meetings. Mr. 284 Thomas answered that they used to meet once a year. Now they meet much more 285 frequently, at times once per week. 286 287 Ms. Thomas mentioned that staff had concerns and requests about the Charter, but the 288 Commission did not address those concerns. 289 290 Chair Warren noted it would be understandable for Council to not want to be limited. 291 292 Mr. Thomas stated that there were Charter cities and statutory cities where the City had 293 considerable power. In a Charter city, a Council member could pull out something from 294 the Charter and explain it. He believed a statutory city was a disadvantage. In a Charter 295 city, a Council member could state that the Charter was their authority. 296 297 Chair Warren mentioned that Council and Commission have more ownership of the 298 Charter. Mr. Thomas added that it was a living document, and in his opinion the best 299 form of government. The copy of Mounds View Charter did not have section 7.03. All 300 the rest was adopted. He admitted it was difficult to get a legal copy to the public. 301 302 Ms. Thomas clarified that it was difficult to know how to submit to ballot. Mr. Thomas 303 referred to Minnesota Public Meeting Law, where it was required to be maintained on 304 record at city hall, but not necessary to post on line. Any member of the public can 305 address or petition for an amendment. The issue must be addressed by the Commission. 306 The only example of term limits was for Council and mayor. It was not constitutional 307 law, but it was in the Charter. There were other cities that had that provision in their 308 Charters. 309 310 Commissioner Bening noted that state statute had been changed. 311 312 Chair Warren inquired about other goals their Commission had. Mr. Thomas responded 313 there was a concern as to the classification of the items from the ballot or ordinance. If 314 the issue was a substantive change to the powers of the Council and Charter it had to go Charter Commission January 11, 2007 Page 8 DRAFT 315 to public vote. If the change was to explain and describe, it could be changed by an 316 ordinance. 317 318 Commissioner Trehus stated that if a provision was ignored, the Commission could not 319 take the City to court, but an individual citizen could. 320 321 Commissioner Bor inquired about the process in dealing with the outstanding issues. Mr. 322 Thomas indicated he made a list from the notes brought from staff to the Commission. 323 The Commission submitted eleven items and all were rejected. Then there were 25 items 324 where some were concepts or a single word. They met every month, and some were joint 325 meetings with Council. After a couple of months, they prioritized the items with 12-13 326 items in category A. Chapter 5 concerns could not go to ballot because it was not 327 explained enough. Pictures were needed to explain it clearly and concisely. 328 329 Chair Warren mentioned that a flow chart would be helpful for the road construction 330 concern. 331 332 Mr. Thomas continued that there were five appendices discussing items such as adopting 333 a ballot issue and a timeline for adopting a ballot issue. The diagrams were necessary 334 because of the timeline and extensive textual language necessary. He checked to make 335 sure if it went to ballot, there was the technical capabilities available to handle diagrams. 336 After receiving help it was now in the ordinance process. The attorney's comments 337 stated there could be no conflict between dialogue and diagram, because the text would 338 be legal if there was a conflict. The second was that the text should follow the diagram. 339 340 Commissioner Carlson inquired about the reason for not putting the timeline in the 341 Charter. Mr. Thomas indicated it would work to put it in the Charter, but he would prefer 342 to put it in the by-laws. In their City, no one agreed on the Commission, and the Council 343 could not explain it. Mounds View chose to put it in the by-laws. 344 345 Commissioner Bening questioned if they used subcommittees over the years. Mr. 346 Thomas responded that usually all was done by the entire Commission. When there were 347 13 members, they used them. A lot of research was done by individual Commissioners 348 or through meetings or e-mails with staff. If a subcommittee is larger than a quorum, it 349 must be made public. 350 351 Chair Warren thanked the visitors, indicating their input was appreciated. Mr. Thomas 352 stated he would e-mail the final draft of chapter 5. 353 354 Ms. Thomas mentioned they were building a new list, so they were in a similar position 355 as the Lino Lakes's Commission. Mounds View is at 13,000 population, and would be 356 fully developed in about 20 years. Among them, there were 8,300 registered voters. She 357 indicated they were willing to assist the Commission if needed. 358 n 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 Charter Commission January 11, 2007 Page 9 DRAFT Mr. Thomas indicated that Northfield Charter Commission recommended joint meetings with Council. Ms. Thomas added that they should visit staff at City Hall during working hours, and invite them to a meeting. Ms. Thomas stated that usually the Council, not the mayor was the communicator with the Commission. A. Road Reconstruction and Staff Discussion (Staff) C▪ hair Warren reopened/he discussion. Commissioner Duffy expressed concern that staff was making it difficult to communicate with the Commission. She noted that the City Attorney had addressed the Commission. It was her main concern. Commissioner Trehus stated the Commission might want to make a statement that they had requested information and were denied. He indicated he would welcome a joint training for the Commission and Council. Commissioner Duffy noted that nothing changed until the attorney changed. Motion carried on 8 -ayes, 4 -nays (Aldentaler, Dahl, Duffy, and Trehus) vote. Commissioner Bor stated she wanted to work with what the Commission had. She believed an offer should be made with a statement open to dialogue and training. Chair Warren stated that Council did not see the Charter as an advantage to them. With the negative dialogue after each meeting, there needed to be another means to address the issues if Council wanted to repeal the Charter. Commissioner Vacha indicated he believed that the issue was team building. He gave the example where a Commissioner went to staff up to two times per week before they came to a meeting. C. Annual Report - Paulette Warren, Chair Chair Warren stated a recap of the minutes was unnecessary because the Commission could change it. Commissioner Trehus stated that "accessible" was misspelled. Commissioner Duffy inquired about the reason for sending it to Washington County. Commissioner Trehus responded it was the newly drawn judicial district. In addition, the date needed verification. Charter Commission January 11, 2007 Page 10 DRAFT 402 MOTION by Commissioner Trehus, seconded by Commissioner Bening, to approve the 403 Annual Report correcting the misspelled word and inserting the correct information in the 404 date. Motion carried unanimously. 405 406 ON-GOING REPORTS 407 408 A. Five Year Plan 409 410 This item was tabled to the next Charter Commission Meeting. 411 412 NEW BUSINESS 413 414 A. Mounds View Ballot Amendment 415 416 This item was discussed earlier in the meeting. 417 418 B. Annual Report By-laws 419 420 Commissioner Duffy stated she was confused as to when the annual report was due. 421 Commissioner Trehus responded chronologically it was December 31 of the following 422 year. 423 424 Commissioner Duffy indicated she read the by-laws and summarized the actions of the 425 Commission. In practice, it was usually at the first meeting in January. 426 427 Commissioner Trehus commented that the 2006 report would be submitted by October 428 2007. Previously, he had sent the report to the judge late one year and early another. It 429 should be stated, "no later then the October meeting." 430 431 Commissioner Bening inquired if a subcommittee could address the by-laws. 432 433 Commissioner Dahl received the report from Chair Warren to send to the judge in 434 accordance with the by-laws. 435 436 Commissioner Bor requested the Charter and By-laws be addressed at the next meeting. 437 438 C. Chair Comments 439 440 Chair Warren stated she was resigning. She provided some recommendations. First, they 441 needed to dialogue with staff and Council so all will know the benefits of the Charter. 442 Second, to adopt some of the ideas from the visitors, prioritize the items to work on, find 443 points of agreement that Council wants. Then the Commission should address the items 444 of disagreement, but ones that can still be addressed cooperatively. Finally, the items of 445 contention should be tabled until trust is built. The next chair should identify what works 446 and what does not and then find out how the Commission could assist. Charter Commission January 11, 2007 Page 11 DRAFT 447 448 D. Terms of Charter Members 449 450 Commissioner Duffy noted she reviewed the list, and members serve until they are 451 replaced. She did not have an updated list. Chair Warren indicated that Bening had the 452 list. 453 454 Commissioner Carlson stated he had a hard copy of the list. Commissioner Trehus stated 455 that they should add four years to each of the dates because of reappointment. 456 457 E. Legal Council 458 459 Commissioner Trehus stated that he believed they needed their own attorney. They 460 needed to know the budget, because there was grey area on the statutory limit. He 461 recommended a subcommittee to address the issue. 462 463 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to form a 464 subcommittee to address the Commission's need of legal Council. 465 466 Commissioner Bor stated that a good chair was just lost. She believed that if the 467 Commission pursued obtaining its own legal Council, it would be seen as a defensive 468 move. Chair Warren indicated that Mounds View hired their own counsel, and the advice 469 was incorrect, so there was continued frustration. 470 471 Commissioner Bor asked for clarification on the goal of hiring its own legal Council, and 472 she expressed concern about approving a subcommittee action. 473 474 Commissioner Trehus inquired if the City could say that staff would not come to a 475 meeting. He stated the Commission should have access to an attorney. To put forth an 476 amendment, it would behoove the Commission to have it reviewed by a lawyer. 477 478 Motion carried on 8 -ayes, 4 -nays (Bening, Carlson, Vacha, and Bor) vote. 479 480 Commissioner Trehus and Commissioner Dahl formed the subcommittee. 481 482 SET AGENDA — Chair Warren set the following agenda for the April 10, 2007 Charter 483 Commission Meeting: 484 485 1. Call to Order and Roll Call 486 487 2. Pledge of Allegiance 488 489 3. Approval of Agenda 490 491 4. Open Mike Charter Commission January 11, 2007 Page 12 DRAFT 492 493 5. Approval of Minutes 494 A. January 11, 2007 495 496 6. New Chair 497 498 7. Old Business 499 A. By-laws and Charter Compatibility -everyone 500 B. Budget 501 502 8. On -Going Reports 503 A. Five Year Plan 504 505 9. New Business 506 507 10. Set Agenda for July 2007 Meeting 508 509 Chair Warren recommended that the Commissioners have direct communication with the 510 City Administrator not the staff member in light of the recommendations for relationship 511 building. 512 513 Chair Trehus requested the 2005 and 2006 administrative expenditures in case there was 514 a legal opinion. In addition if there were any statements concerning the Charter, they 515 would also be helpful. 516 517 Commissioner Dahl stated that $200 was used for printing. 518 519 The agenda was approved. 520 521 ADJOURN 522 523 MOTION by Commissioner Bor seconded by Commissioner Vacha, to adjourn the 524 meeting at 10:13 p.m. Motion carried unanimously. 525 526 527 Respectfully Submitted, 528 529 Brigette Blesi 530 TimeSaver Off Site Secretarial, Inc. 531 LINO LAKES CHARTER COMVIISSION BY-LAWS Amended January S, 2004 ARTICLE I - THE COMMISSION Section 1. Name of Commission. The name of the Commission is the "Charter Commission of Lino Lakes, Minnesota". Section 2. Purpose. The purpose of the Commission is to serve as custodians of the Lino Lakes City Charter in accordance with state laws, these by-laws and rules of the Charter Commission. Section 3. Office of Commission. The offices of the Commission are at the Lino Lakes City Hall for purposes of official commission business. Section 4. Members. The commission is composed of 15 members. Members terms are for four (4) years starting January 1 and members shall serve their terms until their successors are appointed and have qualified, subject to state law. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice - Chair and Secretary. Section 2. Chair. The Chair shall call the regular meetings of the Commission, prepare, the agenda, preside at all meetings, oversee the implementation of the decisions of the Commission and act as the primary liaison with City staff. The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote. Each year at the October meeting, the Chair shall submit to the Commission for its approval, an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year. The annual report to the Commission may contain the Chair's recommendation for Commission activities for the ensuing year. Section 3. Vice -Chair. The Vice -Chair shall perform(the duties of the Chair during the Chair's temporary absence, and shall perform such duties during the vacancy of that office until the Commission elects a new Chair. Section 4. Secretary. The Secretary shall maintain the records, record the minutes and votes at each meeting, and submit approved minutes and relevant materials to the City Clerk for the purpose of maintaining a permanent record for public review. On or before December 31st of each year, the Secretary shall submit to the Chief Judge of the District Court, the City Clerk and the Commission members, the Chair's approved PAGE 1 LINO LAKES CHARTER COMMISSION annual report. The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary, and to perform the duties of Secretary in the event of the absence or vacation of office by the Secretary until such time as the Commission elects a new Secretary. Section 5. Compensation; Expenses. The members of the Commission shall receive no compensation, but the Commission may employ an attorney and other peryonnel to assist in amending or revising the City Charter, and the reasonable compensation and cost of the printing of such Charter, when directed by the Commission shall be paid by the City. The amount of reasonable and necessary Commission expenses shall be paid by the City, which expenses cannot exceed $1,500.00 in any one (1) year unless the City Council authorized additional expenses pursuant to Minnesota Statutes Section 410.06, as amended. Section 6. Additional Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its by-laws or rules. Section 7. Elections. The Chair, Vice -Chair and Secretary shall be elected from among the members of the Commission at the first meeting after January 1 in even - numbered years and shall hold office for two (2) years or until their successors are elected and qualified. The Chair shall conduct the election. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. No officer shall be eligible to hold more than two (2) consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. Section 8. Vacancies. A vacancy in the office of Chair, Vice -Chair or Secretary, including a vacancy pursuant to Minnesota Statutes, Section 410.05, shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office. Section 9. Appointments. At least four (4) months prior to the expiration of any seat on the Commission, the Chair shall notify the City Clerk the names of the incumbents and their expiration of office date so that the Clerk may publicize the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify the affected incumbents. Should a member not finish his or her term on the commission, the Chair shall notify the City Clerk of that opening immediately to allow for prompt filling of that position. Following notification of the City Clerk, the Chair shall follow the appointment process for any openings on the Commission and shall ensure that the proper and timely notification be given to the new and/or returning members following their appointment to the Commission. Section 10. Resignations. Persons resigning shall submit a written resignation to the commission on or before the next scheduled meeting. PAGE 2 Date: 04/03/2007 Account# / Title Time: 16:04:42 City of Lino Lakes FM Reports - Period Expenditure Report Operator: ajr Page: 1 Calendar Period: 01/2004 To: 12/2004 Fiscal Period: 01/2004 To: 12/2004 Budget Thru: 12/2004 Original Net Budget Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 101-405-4300-000 GENERAL CHARTER PROFESSIONAL Tr Date Type Journal Receipt 0.00 0.00 Check#/Date Vendor 0.00 0.00 0.00 628.00 Description 0.00 0 628.00 0 Amount 02/09/04 INV -IN 05/10/04 INV -IN 08/09/04 INV -IN 12/31/04 PST-je 3709 3911 4082 4446 70326 02/09/04 70950 05/10/04 71677 08/09/04 1 101-405-4300-999 GENERAL CHARTER PROFESSIONAL 101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT Tr Date Type Journal Receipt TIMESAVER TIMESAVER TIMESAVER OFF-SITE OFF-SITE OFF-SITE 0.00 500.00 Check#/Date Vendor SECRETARIAL JAN 8 SECRETARIAL APR B SECRETARIAL JULY 8 Record costs fo labor and Detail Total: 0.00 500.00 0.00 1,532.31 Description 0.00 0 1,532.31 306 163.00 108.50 190.00 166.50 628.00 Amount 05/10/04 INV -IN 06/28/04 INV -IN 3911 70911 05/10/04 KENNEDY AND GRAVEN, INC. 4013 71305 06/28/04 KENNEDY AND GRAVEN, INC. 405-4322-000 GENERAL CHARTER POSTAGE 0.00 Tr Date Type Journal Receipt Check#/Date Vendor 0.00 PROFESSIONAL SERVICE REVIEW CHARTER Detail Total: 34.71 Description 0.00 628.00 - 0.00 1,032.31 - 902.31 630.00 1,532.31 34.71 0 Amount 12/31/04 PST-je 4432 5 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 0.00 101-405-4340-000 GENERAL CHARTER ADVERTISING 0.00 Tr Date Type Journal Receipt Check#/Date Vendor 0.00 0.00 Postage to mail Pvmt Mgmt Detail Total: 0.00 26.60 Description 0.00 0 26.60 0 34.71 34.71 Amount 04/12/04 INV -IN 3856 70718 04/12/04 PRESS PUBLICATIONS, INC. 101-405-4343-000 GENERAL CHARTER NEWSLETTER 450.00 Tr Date Type Journal Receipt Check#/Date Vendor 450.00 ADVERTISING Detail Total: 151.61 Description 151.61 34 26.60 26.60 Amount 12/13/04 INV -IN 4319 72592 12/13/04 C. P. OFFICE PRODUCTS 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA 0.00 0.00 0.00 0.00 -15- OFFICE SUPPLIES Detail Total: 0.00 0.00 0 151.61 151.61 34.71- 0.00 26.60- 298.39 0.00 0.00 0.00 0 0.00 Date: 04/03/2007 Account# / Title Time: 16:04:24 City of Lino Lakes FM Reports - Period Expenditure Report Calendar Period: 01/2005 To: 12/2005 Fiscal Period: 01/2005 To: 12/2005 Budget Thru: 12/2005 Original Net Budget Operator: ajr Page: 1 Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 0.00 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 700.00 6-14*(2: 4Z. ho /K ) Tr Date Type Journal Receipt Check#/Date Vendor 0.00 700.00 0.00 781.00 Description 0.00 0 781.00 112 Amount 02/14/05 INV -IN 06/13/05 INV -IN 08/22/05 INV -IN 11/14/05 INV -IN 4437 4684 4863 4983 73129 74015 74616 75359 02/14/05 06/13/05 08/22/05 11/14/05 TIMESAVER TIMESAVER TIMESAVER TIMESAVER OFF-SITE OFF-SITE OFF-SITE OFF-SITE 101-405-4300-999 GENERAL CHARTER PROFESSIONAL 0.00 101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT 500.00 Tr Date Type Journal Receipt Check#/Date Vendor SECRETARIAL SECRETARIAL SECRETARIAL SECRETARIAL 0.00 500.00 JAN 13 APRIL 14 AUG 4 OCT 13/CHARTER Detail Total: 0.00 864.00 Description 0.00 0 864.00 173 195.25 139.75 167.50 278.50 781.00 Amount 06/13/05 INV -IN 12/19/05 INV -IN 4684 73954 06/13/05 KENNEDY AND GRAVEN, INC. 5059 75577 12/19/05 KENNEDY AND GRAVEN, INC. 101-405-4322-000 GENERAL CHARTER POSTAGE 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 101-405-4340-000 GENERAL CHARTER ADVERTISING 0.00 0.00 200.00 Tr Date Type Journal Receipt Check#/Date Vendor 0.00 0.00 200.00 CHARTER REVIEW/YMCA LEEGACY/CHARTER REVIEW Detail Total: 0.00 0.00 157.35 Description 0.00 0.00 157.35 0 0 79 90.00 774.00 864.00 Amount 03/28/05 INV -IN 4545 73401 03/28/05 PRESS PUBLICATIONS, INC. 10/24/05 INV -IN 4956 75182 10/24/05 PRESS PUBLICATIONS, INC. 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 450.00 0.00 0.00 1,850.00 450.00 0.00 0.00 1,850.00 -16- ADVERTISING ADVERTISING/CHARTER Detail Total: 0.00 0.00 0.00 1,802.35 0.00 0 0.00 0 0.00 0 1,802.35 97 102.15 55.20 157.35 0.00 81.00- 0.00 364.00- 0.00 42.65 450.00 0.00 0.00 47.65 Date: 04/04/2007 Time: 15:48:47 Account# / Title City of Lino Lakes Operator: ajr Page: 1 FM Reports - Period Expenditure Report Calendar Period: 01/2006 To: 12/2006 Fiscal Period: 01/2006 To: 12/2006 Budget Thru: 12/2006 Original Net Budget Expended PTD Expended YTD % Unexpended Bal 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 0.00 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 0.00 Tr Date Type Journal Receipt Check#/Date Vendor 0.00 0.00 0.00 0.00 Description 0.00 0 0.00 0.00 0 0.00 Amount 01/31/06 PST -JE 5218 1 LABOR/PRINTING-5 YR PLAN, 125.00 02/13/06 INV -IN 5155 75981 02/13/06 TIMESAVER OFF-SITE SECRETARIAL JAN 12/CHARTER COMMISSION 258.00 06/30/06 PST-je 5522 1 Correct JE 01-16(1) 125.00- 06/30/06 PST-je 5522 2 Correct ch#75981 Jan Meet 258.00- 07/31/06 PST-je 5624 1 Recode ch 76608 Minutes f 204.82 12/31/06 PST-je 6218 1 Correct JE 07-13(1) 204.82- 101-405-4300-999 GENERAL CHARTER PROFESSIONAL 1,175.00 Tr Date Type Journal Receipt Check#/Date Vendor 1,175.00 1,018.32 Description 1,018.32 87 156.68 Amount 06/30/06 PST-je 5522 1 Correct JE 01-16(1) 125.00 06/30/06 PST-je 5522 2 Correct ch#75981 Jan Meet 258.00 /�08/2�8/06 INV -IN 5641 77572 08/28/06 TIMESAVER OFF-SITE SECRETARIAL JULY 13/CHARTER COMMISSIO 229.50 43/06 INV -IN 5811 78277 11/13/06 TIMESAVER OFF-SITE SECRETARIAL OCT 12 201.00 31/06 PST-je 6218 1 Correct JE 07-13(1) 204.82 Detail Total: 1,018.32 101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT 500.00 500.00 1,027.00 1,027.00 205 527.00 - Tr Date Type Journal Receipt Check#/Date Vendor Description Amount 12/31/06 PST -JE 6229 1 reclass legal fees - char 1,027.00 Detail Total: 1,027.00 101-405-4322-000 GENERAL CHARTER POSTAGE 0.00 0.00 0.00 0.00 0 0.00 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 0.00 0.00 0.00 0.00 0 0.00 101-405-4340-000 GENERAL CHARTER ADVERTISING 200.00 200.00 35.75 35.75 18 164.25 Tr Date Type Journal Receipt Check#/Date Vendor Description Amount 04/10/06 INV -IN 5313 76366 04/10/06 PRESS PUBLICATIONS, INC. NOTICE OF CHARTER SCHEDUL 12/18/06 INV -IN 5897 78982 12/18/06 PRESS PUBLICATIONS, INC. CHARTER MEETINGS Detail Total: 21.45 14.30 35.75 101-405-4343-000 GENERAL CHARTER NEWSLETTER 0.00 0.00 0.00 0.00 0 0.00 101-405-4344-000 GENERAL CHARTER LEGAL PRINTIN 0.00 0.00 0.00 0.00 0 0.00 101-405-5000-000 GENERAL CHARTER CAPITAL OUTLA 0.00 0.00 0.00 0.00 0 0.00 GRAND TOTAL 1,875.00 1,875.00 2,081.07 2,081.07 111 206.07- -17- Date: 04/03/2007 Time: 16:03:47 City of Lino Lakes FM Reports - Period Expenditure Report Account# / Title Calendar Period: 01/2007 To: 03/2007 Fiscal Period: 01/2007 To: 03/2007 Budget Thru: 12/2007 Original Net Budget Expended PTD Expended YTD % Unexpended Bal Operator: ajr Page: 1 101-405-4200-000 GENERAL CHARTER OFFICE SUPPLI 0.00 101-405-4300-000 GENERAL CHARTER PROFESSIONAL 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0 0.00 Tr Date Type Journal Receipt Check#/Date Vendor Description Amount 02/12/07 INV -IN 6018 79406 02/12/07 TIMESAVER OFF-SITE SECRETARIAL JAN 11/CHARTER 03/31/07 PST-je 6219 1 Correct code on ch #79406 101-405-4300-999 GENERAL CHARTER PROFESSIONAL 1,500.00 Chfifierell ',d r ris7j Tr Date Type Journal Receipt Check#/Date Vendor 1,500.00 295.10 Description 295.10 295.10- 295.10 20 1,204.90 Amount 03/31/07 PST-je 6219 1 Correct code on ch #79406 295.10 Detail Total: 295.10 101-405-4301-000 GENERAL CHARTER MUNICIPAL ATT 101-405-4322-000 GENERAL CHARTER POSTAGE 101-405-4330-000 GENERAL CHARTER TRAVEL/TUITIO 101-405-4340-000 GENERAL CHARPr:R ADVERTISING 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 500.00 500.00 0.00 0.00 0 500.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 200.00 200.00 0.00 0.00 0 200.00 0.00 0.00 0.00 0.00 0 0. 0.00 0.00 0.00 0.00 0 0.�� 0.00 0.00 0.00 0.00 0 0.00 2,200.00 2,200.00 295.10 295.10 13 1,904.90 Memorandum Date: April 2, 2007 To: Charter Commission From: Gordon Heitke Re: Quarterly Update Five Year Financial Plan Activity related to updating the Five Year Financial Plan will occur in conjunction with the 2008 budget preparation process, with adoption occurring in December, 2007. Public Improvement Petitions The City has not received any new petitions for public improvements. Street Reconstruction The City Council will in the near future be discussing whether to place any street reconstruction projects on the ballot in November 2007. /IQ t - k dt-a-t-4-z-- -Nvul a-12_0 07 CITIZEN'S TASK FORCE INFORMATION (Presented to Lino Lakes Charter Commission — April 12, 2007) 1) Letter explaining the formation of the task force; 2) Task force membership and meeting dates; 4) Meeting summaries (March 27, 28 and 29 and April 10); 5) League of Minnesota Cities Insurance Trust Memo; 6) Chart comparing Chapter 8 of the City Charter w/State Statute 429; 7) Pavement Management Plan Financing Report; 8) Understanding Charter Cities document; 9) Quality of Life Survey — Page 12 — Upkeep & Maintenance; 10) 2030 Visioning — Roads & Transportation section Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements A citizen's task force is currently conducting an independent review of the Lino Lakes City Charter to determine whether existing charter provisions are allowing for the responsible stewardship of the city's roads. The city has prepared a pavement management program that establishes policies and a plan to maintain the overall pavement condition of the city's street system in the most timely and cost-effective manner. The Pavement Management Report, available on the city website, identifies 11 miles of the city's 85 miles of pavement, as needing reconstruction. However, the City Council does not have the ability to approve the reconstruction of these roads because of a provision in the charter. In addition to state laws that govern the construction and financing of public improvements, the charter includes some local requirements, which based on preliminary research, may be unique to the 854 cities in Minnesota. These additional requirements limit the city council's ability to reconstruct streets at the end of their useful life when normal maintenance practices are no longer effective. The formation of the citizen's task force was prompted by public opinion expressed through the recent community -wide survey and visioning process. The 2030 Vision Plan recommended that a citizen -led task force be organized to identify options for a change to the charter. The City Council appointed the visioning committee, made up of randomly selected residents, to study the City Charter. Nine members agreed to join the Citizens Task Force reviewing charter provisions pertaining to local improvements, including roads. It is expected that the task force's findings and recommendations will be presented to the City Council in June. The task force's membership, meeting schedule, meeting summaries and information presented at past meetings can be viewed at this site. Citizen's Task Force 2007 Members: • Peter Brown • Judi Brunner • Kathi Gallup • Stephanie Johnson • Grant Ross • Cheryl Sanchez • Jon Latham • Laura Carlson • Jamie Stern Citizen Task Force 2007 Meeting Dates Meetings are held from 6:30-9:00 p.m. at Lino Lakes City Hall Wednesday April 25 Council Workroom Citizen Task Force Tuesday May 1 Community Room Task Force and Charter Commission Tuesday May 8 Council Workroom Citizen Task Force Tuesday May 15 Community Room Task Force — Public Forum Tuesday May 22 Council Workroom Citizen Task Force Thursday May 24 Council Workroom Citizen Task Force MARCH 27 AND 28 MEETING SUMMARY Meeting Objectives and Agenda City of Lino Lakes, Minnesota Citizens' Charter Review Task Force March 27, and 28 1. March 27 and 28 a. Objectives: (1) Review charge from City Council (Feb. 12 — Resolution No. 07- 30) (2) Define an initial approach — process to complete assigned task: review the City Charter (Focus — Section 8 of Charter) (3) Overview of Public Improvements and Pavement Management Plans (Presentation by City Engineer) b. Agenda: 6:30 — 9:00 p.m. 6:30 — 7:45 7:45 — 9:00 Charge to task force and developing an initial approach Presentation by City Engineer MARCH 29 MEETING SUMMARY Meeting Objectives and Agenda City of Lino Lakes, Minnesota Citizens' Charter Review Task Force March 29, 2007 a. Objectives: (1) Develop an understanding of Charter Cities. (a) Overview of Statutory and Charter Cities (b) Statutory Role and authority of Charter Commissions (c) Interrelationship of state statutes and Charter provisions (d) Role of Charter Commissions in taking/promoting Charter related ballot questions. (2) Comparative review of Minnesota Statute 429 and the provisions of Section 8 of the Lino Lakes City Charter pertaining to public infrastructure improvements. (3) Financial analysis and implications of infrastructure improvement and pavement management policies as formed by the Lino Lakes City Charter. b. Agenda 6:00 p.m. Understanding Charter Cities Ed Cadman, Research Attorney League of Minnesota Cities 7:00 p.m. Comparative Review of Minnesota Statute 429 and provisions of Section 8 of the City Charter. Stephen J. Bubul, Attorney Attorney; Bond Counsel Kennedy & Gaven 8:30 p.m. Financial Analysis of Pavement Management Policies as formed in Lino Lakes City Charter. Terri Heaton Public Financial Advisor Springsted and Associates 9:00 a.m. Adjourn CITY OF LINO LAKES Citizens City Charter Task Force Meeting April 10, 2007, 6:30- 9:00 p.m. Lino Lakes City Hall City Council Work Room 1. Welcome and introductions 2 Agenda topics: a. Review and clarification of Task Force's charge from City Council b. Assessment of and desired follow up to the March 27, 28 and 29 information meetings c. Defining the activities, processes and schedules the Task Forces wishes to establish to complete its charge d. Conduct of future Task Force meetings: (1) Ground rules/procedures for conducting the Task Force's business. (2) Structure of the public input process (3) Public notification of Task Force meetings (4) Minutes (5) Other items presented by Task Force members (6) FOCUS: The studied review of the City's ability under current Lino Lakes City Charter provisions to maintain and eventually reconstruct in the most responsible, timely and cost-effective manner its vital public improvement and infrastructure assets. Make its findings and recommendations to the City Council. e. Proposed schedule of Task Force activities and meetings f. Communications and outreach processes to keep the community involved in and informed about Task Force activities. g. Other items raised by Task Force members 3. Agenda for next meeting Meeting Summary Citizens Task Force to Review Charter Provisions Pertaining To Local Improvements April 10, 2007 The Task Force assessed the information presented at the March 27-29 meetings. The group clarified whether they are addressing only roads or public improvements in general in the review of Chapter 8 of the City Charter and Minnesota Laws Chapter 429. It was discussed what happens when neighborhoods needing roads reconstructed also need city water and sewer service and how a change in the charter would impact those situations. The Task Force discussed future meetings and who the group needs to hear from. The need to hear from the Charter Commission, affected homeowners, and the general public was identified. A schedule for future meetings was set. It was determined that May 1 would be the meeting at which the Charter Commission would be invited. Chairperson Gallup was instructed to send a letter of invitation to the Charter Commission. May 15 was established as the date to conduct a public forum to hear from the general public. Homeowners affected by recent proposed road reconstruction projects will be encouraged to attend in order for the Task Force to hear their concerns and opinions. Task Force member Laura Carlson will take minutes at all future meetings. The next meeting will be held April 25. League of Minnesota Cities Insurance Trust TO: Gordon Heitke, Administrator, City of Lino Lakes FROM: Chris Smith, Risk Management Attorney, LMCIT CC: Tracie Chamberlin, Loss Control Manager, LMCIT DATE: March 28, 2007 RE: Street Reconstruction This e-mail is to follow-up on our phone conversation last week. As I understand the issue, under the city's home rule charter, the city must hold a referendum to do street reconstruction, if any city funds are to be used. In other words, unless the city specially assesses 100% of the cost against the property owners, the city must hold an election. As a practical matter, this charter provision has greatly limited the city's ability to do street reconstruction, as the ballot issue rarely receives public approval. In light of this fact, you were seeking information on what steps the city can take to help ensure that it does not get sued because city streets are in poor condition. The first step is to have a street maintenance policy or pavement management program which you said the city has. The city has already rated the condition of all city streets and has developed criteria for street repairs and reconstruction. The most important thing the city can do is to follow that policy. If the policy sets up unrealistic standards that the city cannot meet, then the city should amend its policy. Having a policy and following that policy will entitle the city to discretionary immunity for most claims related to the condition of the city's streets. I have attached the following LMCIT memos which discuss these issues further: What to Include in a Street Maintenance Policy and Why Should You Have Street Maintenance Policies? If you have streets that are in need of reconstruction, then pursuant to your city's charter and your policy, the city should hold a referendum on the issue. How often must you hold an election? I suggest that this question should be answered by your street maintenance policy (if it is not answered by your city's charter). My suggestion would be to hold an election once a year. Although the city could hold more frequent elections, there is also a significant cost factor to holding elections. The cost is an appropriate item for the council to consider when deciding how frequently to hold street referenda. As a side note, I think it would be appropriate for the city's Charter Commission to at least consider removing or amending the referendum requirement for street reconstruction. As a practical matter, it really seems to limit the city's ability to reconstruct its streets, and in the long run may actually increase the costs to the city to maintains its streets. Simply trying to maintain the street for years may end up costing more than reconstructing the streets at an appropriate time. Although one might argue that the city can always assess 100% of the costs to the property owner, that presents another problem. The amount of any special assessment cannot exceed the benefit to the property. In other words, if you assess a property owner $10,000 for a new street, you need to show that the value of the property increased by at least $10,000. It is often hard, if not impossible, to show this increase in market value, and may be subject to expensive litigation. Thus, the city could be stuck in a situation where it cannot legally assess the entire cost and cannot get public approval, effectively making street reconstruction impossible. Because street referenda usually fail in your city, it seems likely that some streets are likely to be in poor condition. That raises an issue of what the city should do to warn of dangerous streets. Again, that question should be answered by your policy. It is probably not possible to warn of every condition. And if you tried to do so, a motorist might sue the city for failing to place a warning device. First, I suggest that a warning should be placed anywhere there is a hidden condition from the motorist. And second, the city based on available resources (i.e., money and employees), should establish in their policy what streets or conditions will receive warnings, perhaps only the streets rated as poor in you pavement management plan. In addition, the city may wish to pay special attention to areas involving complaints or accidents. The city's policy should have procedures for responding to notice of complaints and accidents. If the city ultimately decides that no action is necessary, the city should at least document the situation to show that it followed its policy. I hope that the above information adequately answers your questions. If you need additional information, please let me know. Christopher Smith Risk Management Attorney League of Minnesota Cities Insurance Trust (651) 281-1269 csmith(a�lmnc.orq COMPARISON OF PROCEDURES FOR SPECIALLY ASSESSED IMPROVEMENTS UNDER THE LINO LAKES CITY CHARTER, CHAPTER 8 AND MINNESOTA STATUTES, CHAPTER 429 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 Applicability All "local improvements" shall be carried out under provisions of the Charter. The term "local improvements" means "a public improvement financed partly or wholly from special assessments." When any portion of the cost of any "improvement" is defrayed with special assessments, the procedures under Chapter 429 must be followed unless the council determines to proceed under charter provisions. The term "improvement" means the list of improvements described in Section 429.021. The most common examples are construction and reconstruction of streets, sanitary sewers, storm sewers, and water improvements. Initiation A. By Petition: A local improvement may be initiated by a petition signed by at least 25% "in number of the benefited owners," followed by a city council resolution approved by majority vote stating the nature and scope of the improvement, the number of benefited property owners, and providing a means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total. B. By Resolution: A local improvement may be initiated by resolution adopted by 4/5 of city council, containing the same statement described above. A. By Petition: An improvement may be initiated by a petition signed by 100% owners of property abutting the streets named, requesting council to construct improvement and assess the entire cost against their property. Note: A petition may be signed by less than 100% of the owners, or may seek assessment for less than 100% of cost, but in those cases the process is the same as improvements initiated by council resolution, below. B. By Resolution: An improvement may be initiated by council resolution approved by majority vote, requesting an engineer's report advising in preliminary way whether the improvement is necessary, cost-effective and feasible. The report must also include the estimated cost of the improvement as recommended. ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 Notice of Public Hearings After both petition and resolution: Upon receipt of cost estimate, the council must pass a resolution (by majority vote) setting the date for a public hearing, specifying the time, place and purpose of the hearing. The resolution must be published twice, a week apart, and at least two weeks before hearing. A copy of the resolution, including estimated unit prices and total price, must also be mailed to each benefited owner at his/her last known address, at least two weeks before the hearing. A. After 100% Petition: No public hearing required. Council must pass resolution by majority vote determining whether the petition is signed by the required percentage of property owners. If that resolution is published, any appeal must be served on city clerk within 30 days after date of publication. B. After resolution: After receipt of feasibility report, the improvement public hearing is scheduled (usually done by resolution but may be set by staff). Notice of improvement hearing must be published twice, a week apart, with the second publication at least three days before the hearing. The notice must state the time and place of hearing, the general nature of the improvement, the estimated cost, and area proposed area to be assessed. The notice must also be mailed to the owner of each parcel proposed to be assessed, including a statement that "a reasonable estimate of the impact of the assessment will be available at the hearing." For purposes of mailed notice, owners are those shown on county property tax records. Public Hearing After both petition and resolution: At public hearing, council must present a "special assessment formula and an analysis of the assessment income expected to offset the proposed improvement cost." After resolution only: At the public hearing, a "reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels" must be available. 2 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 Ordering the A. After petition: A. After 100% petition: improvement No council action may be taken for 60 days after The improvement may be ordered by Council resolution the hearing (except as described below for 100% (majority vote) any time after finding the petition petitions). Within that 60-day period, a petition against the improvement may be filed by owners proposed to be assessed at least equal to the number of those who petitioned for the improvement. If such a petition is filed, the council shall not make the improvement unless, within the same 60-day period, a counter-petition is filed asking that the improvement be made, signed by owners proposed to be assessed at least equal in number to those who signed the petition against the improvement. Any person whose name appears on a petition to the Council for a local improvement may withdraw his or her name before the petition is presented to the council. adequate (usually done at the same meeting). If the improvement is not rejected by petition as described above (and not subject to election as described below), the council may by resolution "proceed on the improvement" at any time between 60 days and one year after the conclusion of the public hearing. The Charter is silent on the voting requirement for the resolution to "proceed;" presumably majority vote. Exception for 100% petition: If the improvement was initiated by a petition signed by 100% of the benefited property owners, those owners may file another petition (after receipt of the public hearing notice described above), waiving 50 of the 60 days 3 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 of waiting period between the hearing and council action. In other words, if 100% of the owners file both an initiating petition and a subsequent waiver petition, the council may order the improvement 10 days after the public hearing. B. After resolution: B. After resolution: No council action may be taken for 60 days after The improvement may be ordered by Council resolution the hearing. Within that 60-day period, a petition at any time within 6 months after date of public hearing. against the improvement may be filed by a May be approved by majority vote if the improvement majority of the owners proposed to be assessed. If was initiated by petition signed by owners of at least such a petition is filed, the council shall not make 35% in frontage of real property abutting streets named the improvement unless, within the same 60-day in the petition; must be approved by 4/5 vote in all other period, a counter-petition is filed asking that the improvement be made, signed by property owners proposed to be assessed at least equal in number to those who signed the petition against the improvement. Any person whose name appears on a petition to the Council for a local improvement may withdraw his or her name before the petition is presented to the council. cases. If the improvement is not rejected by petition as described above (and not subject to election as described below), and if the "public record of the proposed improvement contains all of the evidence on which the council shall base their decision," the council may by resolution "proceed on the improvement" at any time between 60 days and one year after the conclusion of the public hearing (presumably by majority vote). 4 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 Referendum After petition or resolution: If less than 100% of the cost of the 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 submit the proposed improvement "and its assessment formula" to the voters within 120 days after conclusion of the public hearing. If a majority of those voting on the question are opposed, the Council shall not proceed with the improvement. There is no referendum requirement to order an improvement under Chapter 429. Re -ordering after disallowance. After petition or resolution: When an improvement is "disallowed" under the Charter, the Council shall not vote on the same improvement within one year after the public hearing on that improvement. There is no "disallowance" concept in Chapter 429. Entering contracts After petition or resolution: Contracts shall be entered within one year after adoption of the resolution ordering the improvement, unless a different time limit is specifically stated in the resolution. The Charter does not contain this provision, but Chapter 429 imposes this requirement even where the charter is silent. If bids exceed the cost estimated by engineer at the time of the public hearing by more than 10%, the council may not award the contract. Council may re -bid the improvement one time only. After petition or resolution: Contracts shall be entered within one year after adoption of the resolution ordering the improvement, unless a different time limit is specifically stated in the resolution. A. After petition: There is no express provision limiting the contract amount, except that valid waivers of special assessment appeal rights must state a maximum amount. As a 5 ACTION CHAPTER 8 OF CITY CHARTER MINNESOTA STATUTES CHAPTER 429 practical matter, contracts cannot exceed the amount agreed upon by petitioners, but the petitioners may amend their agreed-upon amount at will. B. After resolution: The resolution ordering the improvement "may reduce, but may not increase the extent of the improvement as stated in the notice of hearing." This language does not expressly deal with cost increases after the improvement is ordered. Before the hearing, the council may take any steps to provide helpful information in determining the desirability and feasibility of the improvement, including among other things, the preparation of plans and specifications and the advertisement of bids. After work has commenced on an improvement pursuant to a contract awarded on a unit price basis, the council may, without re-bidding, authorize changes in the contract to add additional units at the same unit price if the additional cost does not exceed 25% of the original contract price. Issuance of bonds Under Section 7.10 of the Charter, the City may City may issue bonds to finance improvements at any sell obligations in accordance with state law. time after the improvement is ordered (whether after Voter approval is required "except in the case of petition or resolution). No election is required if at least obligations for which an election is not required by 20% of the cost of the improvement to the city is to be this Charter or by state law." Therefore, Minnesota Statutes, Chapters 429 and 475 govern issuance of bonds for local improvements. assessed against benefited property. Under Chapter 475, City may also issue bonds for street reconstruction, without assessments or with less than 20% assessed, subject to reverse referendum. 6 Public Sector 4.dvisors. Springsted Pavement Management Report Financing Plan City of Lino Lakes, Minnesota Financing Plan Highlights Citizens' Charter Review Task Force Public Sectdi Advisors Presenter: Tem Heaton, Senior Vice President March 29,2007 Springsted 1 Background • TKDA hired during 2004 to complete an overall pavement management analysis including: — An evaluation of the condition of the current streets and — The costs to maintain / reconstruct them in order to maximize the useful life of these investments • The outcome was a Pavement Management Report ("PMR") Setur Springsted Purpose of PMR Financing Plan • Determine a financing plan that is sustainable over the long- term • Allocate the costs of the PMR in a fair and equitable manner — Spread evenly all taxpayers — Specific costs to certain property owners — Spread based on utility usage • Identify non -tax revenues to finance the PMR • Maximize use of appropriate external financing sources • Minimize the utilization of City property taxes Public ::¢cr Auv._o�s Springsted 2 Two Primary Cost Components • Maintenance - Costs related to the seaicoating and overlay of streets whose pavement life can be extended through on-going maintenance • Reconstruction - Costs related to those streets that have outlived their useful life so that pavement is in need of removal and replacement; Public Sector Advil Springsted Total Estimated Cost of the Plan Year Maintenance Reconstruct Total 2005 $ 230,000 $ 0 $ 230,000 2006 347,500 0 347,500 2007 365,000 1,435,000 1,800,000 2008 385,000 2,750,000 3,135,000 2009 402,500 3,035,000 3,437,500 2010 422,500 3,485,000 3,907,500 2011 445,000 1,577,500 2,022,500 2012 467,500 1,655,000 2,122,500 2013 490,000 1,737,500 2,227,500 2014 515,000 1,825,000 2,340,000 Total Estimated Cost $4,070,000 $17,500,000 $21,570,000 Public Sitct')r Adviso,s Springsted 3 Financial Tools Considered • Tax Levy on a pay-as-you-go basis • General Obligation bonds repaid from property taxes • General Obligation bonds repaid from special assessments • General Obligation Street Reconstruction bonds repaid from tax levies • Storm Water Utility to finance the portion related to storm water rutdic Sector Ativ;ro._ Springsted Additional Financial Tools Considered • Tax Increment / Tax Abatement • Special Service District • Economic Development Authority • Capital Projects funds • Storm Water Improvement District • State and Federal Transportation Grants • Anoka County • Municipal State Aids (MSA) Public Secto» Advisors Springsted 4 Recommended Financing Sources • Maintenance Portion of PMR — Annual property tax levy for the maintenance portion of the PMR • Ongoing costs with ongoing revenues • Not capital in nature -not appropriate to bond • $230,000 estimated for 2005 with an average annual cost of $407,000 Public Sector Advice's Springsted Recommended Financing Sources • Reconstruction Portion of PMR — General Obligation Improvement Bonds • Repaid by special assessments for reconstruction projects where the existing street width is inadequate • No less than 20% of the costs must be assessed to benefiting properties (not to exceed the special benefit to their properties) • Remaining amount would be repaid from a property tax levy Public Sectr:- Advlsors Springsted 5 Recommended Financing Sources • Reconstruction Portion of PMR — General Obligation Street Reconstruction Bonds for reconstruction projects where the existing street width is contemplated as a safety improvement and where the assessment is less than 20% of project costs • Benefiting properties would be assessed an amount equal to the special benefit they receive • Remaining amount could be repaid from a property tax levy • Referendum is still required if assessments exceed $0 and a portion is paid by levy • If no assessments, unanimous vote by City Council required and subject to reverse referendum Public. sector A;IviF.ors Springsted Recommended Financing Sources • Reconstruction Portion of PMR — Storm water utility to pay for those costs of the PMR related to storm water (not implemented as of 3-29-07) — Tax Increment Financing, Tax Abatement, EDA Levy and HRA Levy (HRA levy is subject to many limitations) • Use is consistent with the City's statutory authority • Rational nexus between the use of these funding tools and a development or redevelopment project Public Sectur Arvisors Springsted 6 Recommended Financing Sources • Reconstruction Portion of PMR — M.S.A. should be used to cover additional costs to reconstruct those streets designated as part of the City's M.S.A. system — Pursue cost sharing opportunities with Anoka County — Pursue State and Federal Grants Public Seto: Ad Springsted Recommendations Assumed the Following • Annual property tax levies for maintenance costs of the PMR (sealcoating and overlays) • The City specially assess benefiting properties 20% of the costs of reconstruction projects • The City establishes a storm water utility to pay for the storm water related costs of reconstruction projects (not established as of 3-29-07) Public Sector Ada :ors Springsted 7 Total Funding Sources 2005-2014 Maintenance and Reconstruction Property taxes for maintenance Storm Water Utility G.O. Improvement Bonds: Principal repaid from Special Assessments Principal repaid from property tax levy $4,077,038 $4,200,000 $3,500,000 $9,800,000 Puttic Sector Ad Springsted Projected G.O. Improvement Bonds Year Total Bond Issue Amount Gross Average Annual Debt Service Less Special Assessments (20%) Net Levy 2005 -- - - 2006 -- - - 2007 1,090,000* 103,000 24,300 78,700 2008 2,090,000 299,750 70,830 228,920 2009 2,305,000 516,750 122,145 394,605 2010 2,650,000 766,750 181,145 585,605 2011 1,200,000 880,750 207,860 672,890 2012 1,260,000 999,500 235,910 763,590 2013 1,320,000 1,123,900 265,295 858,605 2014 1,385,000 1,254,420 296,130 958,290 *Bonding not anticipated in 2007, although recommended in 2005 Pubiit Sects! Atl¢Sc,.-> Springsted 8 Projected Tax Rate Impacts Year Total Levy Projected Tax Capacity (5% Gnm99 Tax Rate brad Pinjected Tax Capacity (7.5% Growth) Tax Rate hnpact Prqjected Tax Capacity (10% Growth) Tax Rate Int 2005 236,538 15,468,021 1.529% 15,468,021 1.529% 15,468,021 1.529% 2006 347,500 16,241,422 2.140% 16,628,123 2.090% 17,014,03 2.042% 2007 444,29) 17,053,493 2.605% 17,875,732 2.485% 18,716,305 2.373% 2008 613,920 17,906,168 3.429% 19,215,874 3.195% 20,587,936 2.982% 2039 797,105 18,931,476 4.240% 20,657,065 3.859% 22,646,730 3.520% 2010 1,008,105 19,741,550 5.107% 22335,345 4.540% 24,911,403 4.047% 2311 1,117,890 20,728,628 5393% 23,871,820 4.623% 27,402,543 4.080% 2012 1231,0*) 21,765,( 5.656% 25,662,207 4.797% 30,142,797 4.08491 2013 1,348,605 22,853,312 5.901% 27,586,872 4.889% 33,357,077 4.067% 2014 1,473,290 23,995,977 6.140% 29,655 :.:.: 4.968% 36,472784 4.039% Public S,ctor Springsted 7.000% 6.000% 5.000% 4.000% 3.000% 2.000% 1.080% 0.000% City of Lino Lakes, Minnesota PMP Financing Plan - Projected Tax Rate Impacts - _--.--!-- 1 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 -4-Projected Tax Rate Impact (5% Growth) -dr-Projected Tax Rale Impact (10% Growth) -M- Projected Ta Rate Impact (7.5% Growth) Public Sector- Adviw,s Springsted 9 Projected Property Tax Impacts - $228,400 Residential Homestead Year Projected Tax Rate Impact (5% Growth) Annual Impact Pmjeded Tax Rate Impact (7.5% Growth) Arnaud Impact Pritected Tax Rate Impact (10% Growth) Annual Impact 2005 1.529% $ 34.93 1529% $ 34.93 1329% $ 34.93 2006 2.140% $ 48.87 2.090% $ 47.73 2.042% $ 46.65 2007 2.605% $ 59A9 1485% $ 56.76 2.373% $ 5421 2008 3.429% $ 7831 3.195% $ 72.97 2982% $ 6&11 2009 4240% $ 96.83 3.859% $ 88.13 3.520% $ 80.39 2010 5.107% $ 116.63 4.540% $ 103.69 4.047% $ 92.43 2011 5.393% $ 123.18 4.683% $ 106.96 4.080% $ 93.18 2012 5.656% $ 129.19 4.797% $ 109.57 4.(E4% $ 93.28 2013 5.901% $ 134.78 4.889% $ 111.66 4.067% $ 92.90 2014 6.140% $ 14023 4.968% $ 113.47 4.039% $ 92.26 Public. Sector Advisors Springsted $160.00 $100.00 5120.00 5100.00 530.00 $60.00 140.00 520.00 City of Lino Lakes, Minnesota PMP Financing Plan Property Tax Impacts On A Home Valued At $228,400 2005 2006 2007 2001 2009 2010 2011 2012 2013 2010 -0-Annual Impact 5% Growth -0- Annual Impact 7.5% Growth -M-Annual Impact 10% Growth PU)iiCCL Advsors Springsted 10 Storm Water Utility • Impact of utility fee not projected because it has yet to be established and put into place oviic. Seco= A. s'o Springsted Impact of City Charter Requirements on PMR Financial Recommendations • Charter requires each PMR reconstruction project funded by our recommended sources would need to be approved by a vote of the citizens unless a tax levy is not required • Creates an additional requirement the City of Lino Lakes must follow if the PMR is to be implemented — limits ability to ensure implementation of PMR • Unique charter requirement that we have not found in previous similar studies Sean: Adv:_,.... ; Springsted 11 Impact of City Charter Requirements on PMR Financial Recommendations • Where exceptions are made, allowing certain properties to be specially assessed (within specific geographical areas) without referendum, bonds become taxable because they provide a private benefit to those property owners not available to the rest of the City • Taxable bonds result in interest rates of 160 basis points higher than tax-exempt bonds — For example, 4.00% becomes 5.6% if the bonds are taxable — On $3 million bond issue, this costs an extra $465,645, assuming 15 year payback Pubii: Se; Springsted Impact of City Charter Requirements on PMR Financial Recommendations • Funding sources recommended provide a method of financing widely used by most other cities in Minnesota • Implementing the PMR is in the City's best interest — Increasing pavement maintenance and reconstruction spending to amounts we have recommended projected to result in net savings of $11 million over the next ten years Public _ect9, Ad Springsted 12 Financial Exposure related to Referendum Process • Cost of annual referendums • Deferring Costs until referendums pass increases costs — 6.5% annual inflation — Wear & tear ongoing • Costs of signage to protect citizens and limit exposure • Lawsuit exposure — Policy and steps to protect City — Costs of defense — Insurance premiums Public Sector Advisors Springsted Credit Rating Considerations Moody's S & P Fitch Highest Lowest (Investment Grade) Aaa AAA AAA Aal Aa2 Aaa AA+ AAi AA AA AA- AA - Al A+ A A2 A A A3 A- A - Baal BBB+ BBB+ Baa2 BBB BBB Baa3 BBB- BBB- r'u Sc ° ector dvisors Springsted 13 Factors Affecting Credit ➢ Debt Management ➢ Management and Leadership > Financial Performance ➢ Tax Base > Economic Development/Growth • Socio-economic factors ➢ Innovations • Long -Term Vision and Planning Public ceit.o; A:R=ic,,,_ Springsted What Moody's Says About Lino Lakes • The Aa3 assignment reflects the city's rapid tax base growth and favorable location near the Twin Cities, sound financial operations and healthy and growing reserves, and average debt burden that is expected to remain manageable • Rapid tax base growth • Valuation growth will be driven by the city's existing plans for development including the Legacy at the Woods Pubic Sects Advisors Springsted 14 What Moody's Says About Lino Lakes • City's tax base is primarily residential (81%) and relatively diverse, with the top ten taxpayers comprising just 7% of market value • Per capita income and median family income levels are at 110% and 139% of the state average, respectively • Moody's expects the city's financial health to remain sound, supported by healthy and growing reserves. • Moody's believes the city's debt levels to be affordable, due to continued full valuation of growth and satisfactory amortization. Public Sed r Acivisp_. Springsted city of Lino Lakes, Minnesota Comparison of Financing Alternative At 5% Growth In Tax Base 15.000% 10.000% 0.000% 2005 2006 2007 2000 3009 2010 2011 2012 2013 2014 t Amoral property Tax levy Only Annual Tax Levy For Maintenance, G.O. Bads For Reconstruction (no special amessmenk) -lr- Ammml Tax Levy For Ma'hnenance, G.O. Improvement Back For Reconstruction (inn special assessments) t Annual Tax levy Far Maintenance, G.O. Improvement Bads For Reconstruction and Stam Water Utility Springsted 15 25.000% 20.000% 15.000% 10.000% 5.000% 0.000% thy of lino Lakes, Minnesota Comparison of Financing Alternative At 7.5% Growth In Tax Base 2005 2006 21107 2001 20119 2010 2011 2012 2013 2014 - Annual Property Tax Levy Only kmual Tax Levy For Maintenance, G.O. Bonds For Reconstruction (no special assessments) - dr- Mmual Tax Levy For Maintenance, G.O. Improvement Bonds For Reconstruction fmc. special assessments) -0- Annual fax Levy For Maintenance, G.O. Improvement Bonds For Reconstruction and Stowe Water Why Sed.or Ad,fiF•tys Springsted 25.000% 20.000% 15.000% 10.000% SOW% 0.000% CIty of 11no Lakes, 116nm:seta Comparison of Fmancing Alternative At 10% Growth In Tax Base 2 3 4 5 67 11 9 11 - II-Annual Property Tax Levy Only Annual Tax Levy For Maintenance, G.O. Bonds Far Ileconsiruction (no special asessments) -dr- Annual Tax Levy For Mainteamice, G.O. Improvement Bonds For Reconstruclion (inc. special assesonents) 4 -Annual Tax levy For Maintenance, G.O. Immosement Bonds For Reconstmetion and Storm Water Uffsty Sectvf Advisors Springsted 16 Conclusions • The PMR, if implemented, would save $11,000,000 over the next 10 years, according to TKDA —Example: • West Shadow Drive $2,375,700 in 2005; 52,750,000 in 2008 • Separate maintenance costs from reconstruction costs and identify appropriate sources of funding for each (completed) • The financing plan recommended provides widely used municipal financing practices for implementing a PMR —Sustainable over the long term* *Note: PMR Financing Plan will be sustainable only if referendums are successful S, tqr Ado;zo Springsted 17 Edward Cadman Research Attorney League of Minnesota Cities March 29, 2007 • How many cities are there in Minnesota? Overview • What is a Charter City? • What are the differences between statutory and Charter cities? • How does a Charter relate to state law? • What are Advantages/disadvantages of a Charter? • How did we get Charter? ■ What is the Charter Commission? • How does a Charter get amended? City Government in Minnesota ■ Not created by, but subject to the Federal Constitution • Created by the Minnesota Constitution • Created by State Statute Two Types of Cities • Statutory Cities • Home Rule Charter Cities • Only 107 (12.5%) of all MN cities are Charter Cities! 1 Authority for City Type • Statutory Cities are authorized and empowered by oMN Statutes, Chapter 412. • Charter Cities are authorized by o MN Constitution, Article XII, section 4 and ❑ MN Statutes, Chapter 410 General Powers of A Statutory City to Provide Services i1 t 7 • ■ Police • Fire • Sanitation • Street • Utilities • Zoning • Parks • Recreation ■ And Many More! Home Rule Charter Cities • Ideally, Charter provides only fundamentals of organization of city (simplicity and brevity) + a "broad grant of authority" to council • Then council is free to exercise broad authority by ordinance Powers of a City • Statutory cities can only adopt ordinances when authorized by state law to do so. • Home rule charter cities can adopt ordinances on all appropriate subjects unless prohibited by law. Examples of Statutory Cities • Centerville (Pop. 3644, Anoka County) • Hugo (Pop. 8760, Washington County) • Forest Lake (Pop. 16800, Washington Cty) • Andover (Pop. 29262, Anoka County) • Oak Grove (Pop. 7455, Anoka County) • North Oaks (Pop. 4200, Ramsey County) Forms of Charter Government • Weak Mayor - Council • Strong Mayor - Council • Council -Manager • Commission 2 Common Charter Provisions • Ward System • Initiative and Referendum • Comprehensive grant of power or "all powers" clause • Size of Council, quorum • Charter Commission Structure Charter in Relation to State Law • On a given issue, what if ❑State law is silent, but Charter addresses the issue oCharter is silent, but State law addresses the subject ❑Charter and State law have different provisions on same subject (conflict) State law silent, Charter isn't • Could the State delegate the authority expressly? o Preemption? • If so, Charter provision likely valid Examples of Charter Cities • Lino Lakes (Pop. 18725, Anoka County) • Ham Lake (Pop. 14508, Anoka County) • Blaine (Pop. 51002, Anoka/Ramsey Cty) • Coon Rapids (Pop. 62243, Anoka County) • White Bear Lake (Pop. 24922, Ramsey/Washington County) • Two Harbors (Pop. 3675, Lake County) Charter is silent, State law isn't • If a charter is silent on a matter that is addressed for statutory cities, • and no law prohibits the charter from addressing the matter, • and no law states that a charter prevails over general law on the matter, • THEN the charter city can apply the general law on the matter 3 Charter differs from State law • General rule: State law wins to the extent the charter provision is in conflict with State's policy • City attorney should advise whether a conflict exists oA.G. opinions or case law? o Detectible policy that applies for all cities? Powers of a city • Statutory cities can only adopt ordinances when authorized by state law to do so. • Home rule charter cities can adopt ordinances on all appropriate subjects unless prohibited by law. Disadvantages • Costly • Applicability of statutes, court rulings and AG Opinions Tess clear • Skillful drafting harder with fewer resources • Amendments/abandonment time-consuming, complicated, difficult to pass Do Charter Cities have to follow... • Statutory City law (Minn. Stat. Ch 412) • Planning & Zoning law (Minn. Stat. §§ 462.351- .365) • Special assessments law (M.S. Ch. 429) • Criminal code (M.S. Ch. 609) • Charter law (M.S. Ch. 410.04-.33) • Clean Indoor Air Act (M.S. §§ 144.411-.417) Advantages • Local solution for local issues • Encourages an informed electorate • As simple or complex as city needs • May provide for initiative, referendum, recall, and election of council by wards How did we get a Charter? • City residents or local clubs expressed interest in a Charter • Cf. Judge of district court appointed Charter Commission • Draft submitted to clerk, council • Charter voted on by public in an election 4 The Charter Commission • A permanent body • Usually appointed by a district court • Must meet at least once per year • Failure to meet does not end existence • Have between 7 and 15 members Appointment of Charter Commission Members • Chief Judge usually appoints ❑Listens to information oConsiders suggestions from charter commission or council, or citizen petitioners • Appointees have 30 days to file acceptance and oaths with court clerk Changing A Charter Through Amendment • 5 ways to propose modifications to a Charter • Generally modifications submitted to voters • Amendment needs 51 % favorable vote Charter Commission Members • Must be qualified voters of the city • May hold offices, such as councilmember; but not judicial • Limit on successive terms? o"Upon the expiration of each term, the chief judge shall appoint new commission members." Minn. Stat. § 410.05, subd 2 Charter Commission Functions • Study the local charter and government • Draft a proposed charter • Convene either at their direction, or direction of council or voters to o Consider proposed charter amendments, or o Propose charter amendments Abandoning a Charter • Abandonment process is identical to Amendment process • 51 % of voters must approve abandonment • Proposal for abandonment must state statutory govt form that will replace Charter 5 Questions? Call the League of Minnesota Cities Edward Cadman Research Attorney 651-281-1229 or League Website www.lmnc.org 6 ) UPKEEP AND MAINTENANCE 2005 City of Lino Lakes Residential Survey Good 68% Excellent 15% Decision Resources, Ltd. Unsure 7% Poor 1% Only Fair 9% Roads and Transportation Roads, transportation and related infrastructure are vital ingredients to a community's quality of land use and the life that one experiences when traveling within and through the community. Traffic issues and congestion are major concerns expressed by citizens in the Quality of Life Survey. Citizens participating in the Quality of Life Survey and community forums also expressed concern with the condition of city streets and the current City Charter provisions. These provisions are seen as inhibiting the council's ability to develop and implement street improvement and reconstruction plans and policies for the responsible stewardship of a vital community infrastructure asset: streets. 2030 Vision Lino Lakes has a well-planned and maintained system of connecting and collector streets augmented by convenient public transportation options. Rationale: Citizens identified the lack of road connectivity as a major concern and they expect this issue to be resolved through good community and infrastructure planning. Strategies: • Include within the Comprehensive Plan a 20 -year transportation component (Roads and Transportation Master Plan) that will identify and plan for needed public transportation options and street construction, upgrading, and related funding requirements. • Ensure by 2030 that main east/west corridors (examples: Main Street, new 35E/35W, Birch and Ash Streets) are of good quality and allow for potential, required expansion and upgrades, i.e., widening, expanded capacity and turn lanes. • Identify and prepare appropriate plans, official controls, zoning and subdivisions ordinances and regulations, and official maps for land use around identified potential future interchanges. (An example might be exit ramps from 35E at Birch Street if warranted). • Plan for, within the transportation component of the Comprehensive Plan, improved and required north -south connectivity. Rationale: Increased traffic on our roads increases the risk and likelihood of accidents. 16 Strategies: • Identify potential traffic safety problem areas and adopt plans to lessen risks as traffic volume increases along these problem stretches and intersections. Rationale: The safety and convenience of using our streets and roads should not decrease as traffic volume increases. Strategies: • Plan, within the 20 year traffic component of the Comprehensive Plan, for an expanded and improved road system to accommodate projected increases in traffic volume accompanying predicted/planned growth and development. • Encourage high-density housing along our traffic corridors; e.g., County Road J, East end of Birch and Main Street. Add needed stop lights and turn lanes. Increase connecting and collecting roads — plan ahead for them. • Ensure, as areas are developed, that development bears the cost of this reconstruction to the fullest extent possible. Rationale: Properly maintained streets maintain the quality of life of the citizens. If a street is allowed to deteriorate to a "poor" condition, the street must be reconstructed. Current City Charter provisions frustrate the city's ability to be responsible stewards of its streets. Strategies: • Adopt, fund and steadfastly implement a Comprehensive Pavement Management Plan for the maintenance and reconstruction, to an optimum level, of the city's streets in a responsible and cost-effective manner. • Recognize that proper maintenance is less expensive in the long run than reconstruction after a street has been allowed to degrade. Once a street has been allowed to degrade to "poor", maintenance is no longer effective, and the city's ability to reconstruct the street is severely limited. • Change the City Charter, as favored by 60% of the respondents in the Quality of Life Survey, so city council can plan for and fund (budget) street construction and maintenance in a responsible manner. This effort should be initiated by a citizen's group or task force that identifies options and advocates that the city council, the charter commission, and the community support a charter change proposal on the ballot. 17 • Recognize the likelihood that some city dollars will need to be spent on street reconstruction as citizens living on the affected streets may/can not bear the full cost of reconstruction. Rationale: Reducing traffic volume reduces the maintenance cost and increases the safety of our streets and roads. Alternative transportation options need to be developed. Strategies: • Develop mass transit options. The 95th Avenue lot in Blaine satisfies some of the current demand as a connection to 35W but there are no plans for 35E. • Plan for and develop park and ride opportunities that are adjacent to our east/west connectors. • Recognize, as affordable and life -cycle housing develops, the need for mass transit will increase and should be planned for on our east/west connectors. • Find ways to minimize unnecessary heavy vehicle traffic such as garbage haulers. • Appreciate mass transit is not likely to be self funding, but the city can seek to influence mass transit funding sources. Rationale: More access to our open spaces will showcase our unique environment of wetlands and lead to better appreciation and understanding of their beauty. Current and future residents want access to regional parks. More and better trails will help offset feeling overcrowded as we progress to higher density housing and a larger overall population in our city. Strategies: • Recognize the need and plan for: o off-street parking o trail connections and loops o access for bikers, walkers and runners o better access to lakes o improved canoe access points o canoe launch sites to be developed wherever feasible. (Example: south end of Rice Lake) 18 • Require developers to link to existing trails and extend them. City should develop more and better lake access; there may be state or county programs or department grants to help offset these costs. Note: A Power Point presentation containing specific suggested road and related infrastructure improvements has been forwarded to the consultants assisting the city in the creation of the Comprehensive Plan. 19 Chapter 8 is titled "Public Improvements and Special Assessments". There is no reference to public repairs and restoration in this chapter and none was made since repairs are not improvements and are not regulated by chapter 8. There seems to be much discussion about financing public works projects that involve only repairs to existing infrastructure if that infrastructure happens to be a public road. Look carefully at Chapter 8 and you will find a glaring omission of these repair projects. And for a good reason, they are not improvements. In Section 8.02 the charter defines an improvement, and I quote "the term local improvement shall mean a public improvement financed partly or wholly from special assessments". A project to grade and resurface a road is not an improvement if the form or function of the road is not changed. Both section 8 and state Statute 429 are very specific about what can be assessed as an improvement, it only happens if the project increases the value of the properties in the project. Let's try an obvious example: Suppose that the street lighting on, say, Second Avenue needed most of the lamps and covers replaced. Would the properties along that street be assessed for the repairs? Not if the fixtures were the same as the originals. Road repairs are no different.. If the driving surface of the road needed replacing could the homeowners along the road be charged for the repairs if there was no improvement but just a return to the original condition? According to Section 8 and state Statute 429, No. Financing for these repairs will have to come from the city treasury or some matching highway repair funds if they are available. However, try to put in some brighter street lights, curbing, a different road surface or sewer and water and you turn a simple repair into an improvement. Or if there is a new road needed to serve a new development. Then the charter kicks in and the property owners benefited by the improvement pay for it, as the charter intended. Cha 4r 8 Ae-e_S5 '40 6 -ems i3 -E- ►t7 e -f c i-; o f c / 5� / /2-/�7 6€-.79,er Julie Bartell calendar@presspubs.com c: Editor@readthecitizen.com `'Subject: Community invitation I'm requesting that the following announcement be placed in the community notes section of your next publication. I appreciate your assistance in getting this information to your readers. The Lino Lakes Charter Commission invites residents of Lino Lakes to their upcoming meeting on Thursday, April 12 at 6:30 p.m. in the community room at Lino Lakes City Hall. Discussion will include potential changes to the Charter, the document that governs how the City functions. Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651-982-2406 651-982-2499 fax julie.bartell@cilino-lakes.mn.us 1 Charter Commission April 12, 2007 Page 1 1 n 2 3 4 5 DATE 6 TIME STARTED 7 TIME ENDED 8 MEMBERS PRESENT 9 10 11 MEMBERS EXCUSED 12 MEMBERS UNEXCUSED 13 STAFF MEMBERS PRESENT 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 OPEN MIKE 39 40 No one was present for open mike. 41 CITY OF LINO LAKES CHARTER COMMISSION : April 12, 2007 . 6:35 P.M. . 9:50 P.M. : Dahl, Aldentaler, Trehus, Handrick (excused at 7:18 p.m.), Vacha, Bening, Duffy, Bor, Richard Williams, Rosemary Williams, Storberg, and Carlson : Montain : Zastrow : City Clerk, Julianne Bartell (part) CALL TO ORDER AND ROLL CALL Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:35 p.m. on April 12, 2007. OATH OF OFFICE Julianne Bartell swore in new Charter Commission member Melissa Stockman Maher. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Chair Duffy removed item 7E from the agenda. Commissioner Trehus requested the following addition under Item 6B: Discussion on the Minutes format. MOTION by Commissioner Trehus, seconded by Commissioner Bening, to adopt the amended agenda. Motion carried unanimously. 1 Charter Commission April 12, 2007 Page 2 42 APPROVAL OF MINUTES 43 44 A. April 12, 2007 — Commissioner Bening noted on Page 10, Line 378 there was no motion 45 above the vote. He recommended they delete that line. Commissioner Trehus stated on Page 2, 46 line 73, there was also a Road Reconstruction and Staff Discussion and there was a vote to table 47 this. 48 49 Chair Duffy noted on Line 374, she did not make those comments. She believed Commissioner 50 Dahl made those comments. 51 52 53 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to table to the next 54 meeting the approval the January 11, 2007, Charter Commission meeting minutes for further 55 review. Motion carried unanimously. 56 57 B. Format of Minutes — Commissioner Trehus stated the City Council and other Boards 58 have gone to more abbreviated form of minutes and he recommended the Charter Commission 59 also do this. He recommended the agenda item and the action taken to be recorded only. 60 61 62 MOTION by Commissioner Trehus, seconded by Commissioner Bor, to approve abbreviated ^63 Minutes. 64 65 Commissioner Bening requested certain discussions be put in the Minutes if requested by a 66 Commissioner. 67 68 Commissioner Dahl requested they try this to see if it would work, but if the majority did not like 69 this new format, it could be changed back. 70 71 Commissioner Vacha requested an amendment they take tonight's meeting with the new format 72 and then they revisit this at the next meeting. Commissioner Trehus agreed to the amendment. 73 74 Amended Motion carried unanimously. 75 76 OLD BUSINESS 77 78 A. By Laws with Charter Compatibility 79 1. Annual Review 80 a.) Article 2 Section 2 & Section 4: annual report timelines 81 82 83 MOTION by Commissioner Trehus, seconded by Commissioner Stockman Maher, to change 84 Article 2, Section 2, where it starts - Each year ... delete "at the October" and insert "on or before 85 the April". Motion carried unanimously. 2 Charter Commission April 12, 2007 Page 3 86 87 Commissioner Handrick was excused from the meeting at 7:18 p.m. 88 89 B. Budget 90 Reports from Gordon Heitke, City Administrator (read only) 91 1.) Charter budget for 2005-2006 92 2.) Actual Charter monies spent to date 93 3.) Quarterly update in Charter packet 94 95 The Commissioners reviewed and discussed the budget. No action was taken. 96 97 C. Five Year Plan 98 1.) Sub -Committee final report: 99 Commissioners: Trehus, Vacha, Montain and Dahl 100 101 Updates were given. No action was taken. 102 103 D. Update Charter Commissioner Terms 104 1. Notification of expiring terms 105 2. Commissioner re-application to Chair by October 106 07 Updates were given. No action was taken. 108 109 E. Taxpayer Bill of Rights 110 1. Mounds View Charter Amendment 111 a.) Charter Discussion 112 113 Removed from the Agenda. 114 115 F. Sub -Committee Attorney Report (Dahl & Trehus) 116 117 Updates were given and the Commissioners discussed the report. 118 119 120 MOTION by Commissioner Bor, seconded by Commissioner Bening, to keep the subcommittee 121 active and keep the Charter apprised of the options of which attorneys are available should they 122 need to utilize the services of an attorney. Motion carried (Chair Duffy opposed). 123 124 NEW BUSINESS 125 126 A. Chairperson election 3 Charter Commission April 12, 2007 Page 4 127 128 129 MOTION by Commissioner Bor, seconded by Commissioner Stockman Maher, to approve 130 Commissioner Duffy as the Chairperson. Motion carried (Commissioner Duffy abstained). 131 132 B. Vice -chair election 133 134 135 MOTION by Commissioner Dahl, seconded by Commissioner Carlson, to approve 136 Commissioner Vacha as Vice -chair. Motion carried (Commissioner Vacha abstained). 137 138 C. Concerns on Charter Changes 139 140 The Commissioners discussed possible Charter changes and participation in the Citizens Task 141 Force committee. 142 143 144 MOTION by Commissioner Bor, seconded by Commissioner Dahl, to participate in the Council 145 assigned Citizens Task Force. Motion carried unanimously. 146 147 D. 2030 Charter Advisory Panel ' 48 149 Discussed as part of the Charter Changes 150 151 152 SET JULY 12, 2007 MEETING AGENDA 153 154 Chair Duffy set the following agenda for the July 2007 Charter Commission Meeting: 155 156 157 MOTION by Commissioner Bening, seconded by Commissioner Stockman Maher, to set the 158 July 12, 2007 meeting agenda at the Special April 30 meeting. Motion carried unanimously 159 160 161 ADJOURN 162 163 MOTION by Commissioner Bor, seconded by Commissioner Bening, to adjourn the meeting at 164 9:50 p.m. Motion carried unanimously. 165 166 167 Respectfully Submitted, 168 ,—.,169 Kathy Altman .70 TimeSaver Off Site Secretarial, Inc. 4