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HomeMy WebLinkAbout08-23-2007 Charter PacketLINO LAKES CHARTER COMNIISSION SPECIAL MEETING AGENDA August 23, 2007 1. Call to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 6:32 PM 3. Approval of Agenda 6:33 PM 4. Open Mike 6:34 PM 5. Approval of July 19, 2007 minutes 6:35 PM 6. Old Business A. Review of July 23rd meeting with city council 6:45 PM B. Charter Communication Plan 7:00 PM C. Amendment sub -committee report and discussion 7:20 PM D. Attorney for hire 8:00 PM E. Follow-up: Commissioner Maher memo 8:15 PM F. Follow-up: Detailed Task Force Spending 8:20 PM 7. New Business A. Resolution 8:25 PM 8. Adjourn 8:40 PM Charter Commission July 19, 2007 Page 1 1 2 3 4 5 6 DATE 7 TIME STARTED 8 TIME ENDED 9 MEMBERS PRESENT 10 11 12 MEMBERS EXCUSED 13 MEMBERS UNEXCUSED 14 STAFF MEMBERS PRESENT 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 n 42 43 44 CITY OF LINO LAKES CHARTER COMMISSION SPECIAL MEETING : July 19, 2007 : 6:38 P.M. : 10:52 P.M. Dahl (7:02), Aldentaler, Trehus, Handrick, Vacha, Bening, Duffy, Richard Williams, Rosemary Williams, Storberg, Zastrow, Stockman Maher, and Carlson : Bor : Montain • CALL TO ORDER AND ROLL CALL Chair Duffy called the meeting of the Lino Lakes Charter Commission to order at 6:38 p.m. on July 19, 2007. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Amended agenda suggested. Add 6H for Attorney Request, move 6C Charter Communication Plan & Newsletter timing to 7C under New Business. Add 7D Request for funding from City to New Business. MOTION by Commissioner Trehus, seconded by Commissioner Bening, to adopt the amended agenda. Motion carried unanimously. OPEN MIKE No one present for open microphone. APPROVAL OF MINUTES MOTION by Commissioner Zastrow, seconded by Commissioner Handrick, to approve the amended minutes of June 14, 2007. Motion carried unanimously. 1 -2- Charter Commission July 19, 2007 Page 2 45 46 OLD BUSINESS 47 48 A. Review Meeting Minute Format -Chair Duffy asked for input on the expanded summary 49 minutes format. All Commissioners agreed that the newer format was better. 50 51 B. Response to Kennedy & Graven Memo -Chair Duffy distributed copies of a memo written 52 by Commissioner Maher that was forwarded to the Citizen's Task Force. The memo was in 53 response to the K&G Memo dated June 4, 2007 to Gordon Heitke. 54 55 Commissioner Storberg suggested giving a copy of the response memo to the City Council as 56 it has some credibility and would be one more effort to sway the council before the proposed 57 charter amendment goes on the ballot. Commissioner Maher stated her reluctance at that 58 idea, as she is not the Charter's attorney Commissioner Vacha stated it would also help 59 educate the public. 60 61 MOTION by Commissioner Storberg, seconded for discussion by Commissioner Bening to 62 send a copy of the response memo to the City Council. Motion failed. Majority of 63 commissioners would like to review the memo further and would still have time to send it to 64 the City Council. 65 66 C. Charter Communication Plan and Newsletter Timing moved to 7C 67 68 D. Section 8 Sub -committee report -Commissioners Aldentaler, Bening, Carlson, Vacha & 69 Zastrow formed this committee to compare Chapter 8 of the City Charter to Section 429 of 70 state statutes. The committee has met twice. 71 72 E. Quarterly Update on Budget Items spent by Task Force -Discussed memo from Gordon 73 Heitke indicating that the Citizen's Task Force has spent approximately $17,000. It was 74 noted that the memo states the task force is now called the "City Council's Charter Task 75 Force". Commissioners would like further details of what the money was spent on. 76 77 MOTION made by Commissioner Bening, seconded by Commissioner Carlson, to obtain 78 further details of spending of the City Council Charter Task Force a.k.a. Citizen's Task 79 Force. Motion carried unanimously. 80 81 F. Re-application for City Charter -Chair Duffy reminded Commissioners whose terms are 82 expiring, that if they are interested they should submit their application by October 1 83 84 G. On -Going Reports -Commissioners read reports from Gordon Heitke 85 86 87 H. Attorney Review -MOTION by Commissioner Handrick, seconded by Commissioner Bening 88 to move this item to 7D of New Business. Motion carried unanimously. 2 -3- Charter Commission July 19, 2007 Page 3 89 90 91 92 93 NEW BUSINESS 94 95 A & B Charter Task Force Recommendations -Commissioner Bening recommended 96 discussing the proposed amendment section by section. Reviewed up to Section 3, subdivision 2. 97 MOTION by Commissioner Trehus, seconded by Commssioner Maher, to stop reading 98 ordinance and decide what the Commission is going to do with the proposed amendment. 99 Motion carried. 100 101 It was suggested that the Charter Commission seek outside legal help to review the 102 ordinance. It was noted that the Commission has 60 days from July 9 to review the 103 amendment, and then another 90 days if needed, and that the City Council could call for a 104 special election. Commissioner Aldentaler noted that our job as Commissioners is to protect 105 the charter. 106 107 MOTION by Commissioner Bening, seconded by Commissioner Zastrow, calling for a sub - 108 committee to be formed to review the proposed amendment and report back at the mid -to -end 109 of August. Motion carried unanimously. Committee members are Aldentalter, Bening, 110 Carlson, Dahl, Maher, Trehus & Zastrow. 111 112 C. Charter Communication Plan and Newsletter Timing -Chair Duffy notified commissioners 113 that the City Newsletter deadline is now stated as Monday, July 23 and not August 6 as originally 114 communicated by Dan Tesch. 115 116 Commissioner Handrick left at 10:16 117 118 The question was raised as to what we should do with the proposed amendment. 119 Commissioner Maher suggested that the Commission has to be clear as to what we want from an 120 attorney and that the Commission has the responsibility to put forth an amendment. 121 Commissioners also discussed who would be willing to drop the referendum provision. 122 123 Commissioner's Vacha & Zastrow left at 10:20. 124 Commissioner Storberg left at 10:23, 125 126 Reviewed two amended articles submitted by Commissioner Trehus for publication in the city 127 newsletter or the local papers. 128 129 MOTION by Commissioner Maher and Commissioner Richard Williams to approve 130 Commissioners Trehus' letter as amended. Motion carried unanimously. 131 3 -4- Charter Commission July 19, 2007 Page 4 132 D. Request for Funding from City Council -Chair Duffy explained the issue of needing more 133 funding to cover potential attorney fees to review the amendment as well as any publishing 134 costs to get the Commission's viewpoint to the public. Chair Duffy stated she would be 135 asking for additional funding at the City Council's work session on Monday July 23 at 5:15 136 p.m. 137 138 139 ADJOURN 140 141 MOTION by Commissioner Aldentaler, seconded by Commissioner Maher, to adjoum the 142 meeting at 10:52 p.m. Motion carried unanimously. 143 144 145 Respectfully Submitted, 146 147 Cori Duffy 148 Chair, Lino Lakes Charter Commission 149 4 - 5 - 2007 Charter Task Force Expense Breakdown Kennedy & Graven 8/13/07 3,788.25 7/9/07 887.25 6/25/07 3,202.50 Press Publications 6/11/07 118.80 Neu & Company 8/13/07 8,906.39 5/14/07 3,054.10 Meeting Supplies 4/23/07 47.23 US Bank - Lodging - Neu 4/9/07 168.28 TKDA 183.00 Total 20,355.80 -6- City Council Referral: Reading approved and ordinance referred to Charter Commission on July 9 Timeline for consideration of Charter Amendment by City Council (by ordinance) City Council Action: When the charter amendment is received from the Charter Commission, the Council conducts a public hearing and considers rd reading and adoption of the ordinance. If approved, the Council may elect to submit the amendment, as originally presented or as amended, to the ballot. The Council fixes the ballot language and must submit the amendment by September 10 for the 2007 General Election. Upcoming City Council Mtgs: Aug 17, Sept 10 2007'Electlon Day Nov%einber 6 The atneradtiient would require a 51.% approval vote to pass. Charter Commission Charter Commission is allowed 60 days (until Sept 7) to approve, reject or submit a substitute amendment, notifying the City Council of their action. The Commission may take up to 90 additional days by resolution submitted to the Clerk. Amendment by Ordinance The Charter Commission may recommend that the council enact the amendment by ordinance. After an established notice & public hearing period, the council may approve the amendment by an affirmative vote of all council members. A review and petition period would follow before the amendment became final Timeline is based on the provisions of Minnesota Statutes, Section 410.12. (attached) 410.12, Minnesota Statutes 2006 Page 2 of only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the a iiant's presence, and that the affiant believes them to be the genuine signatures of "the persons whose names they purport to be. Signed (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Sub& 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed .-1 and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed.. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council -may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be 9 http://rosleg .mn/bin/getpub.php?pubtype=STAT C1-ixr_SEC&year=current&section=410.12&image.... 8/6/20C Timeline for consideration of proposed Shenandoah & West Shadow Lake Drive Improvement Projects (based on the provisions of the Lino Lakes City Charter, Chapter 8 — attached) Historical: May 14 — Ordered feasibility study June 11— Received feasibility study & called public hrg June/July — neighborhood meeting were held July 9 — Public hearing was held Referendum Question: Sept 10 City Council Meeting — language for ballot must be approved by the council in order to be submitted to election officials Petitioning Process: July 9 — Sept 6 (60 days) Petition for or against improvement may be submitted 2007 Election: Nov 6 - If allowed to go fot'waiil, ait election is required within 120 days of public hearing (J ly 9 to' Nov 6 = 120 days) If approved: 2008 — Neighborhood meetings Spring of 2009 — Prepare plans and begin construction Fall of 2009 — End construction G. Election November 6, 2007 • Must hold an election within 120 days after close of public hearing (Note: July 9, 2007 to November 6, 2007 = 120 Days) H. Authorize Improvement Project & Preparation of Plans/Specifications December 2007 1. Hold Neighborhood Meetings Ongoing 2008 J. Approve Plans and Specifications and Order Advertisement for Bids Spring. 2009 K. Accept Bids Spring 2009 L. Assessment Hearing Spring 2009 M. Start Construction Spring 2009 N. End Construction Fall 2009 III. PROPOSED IMPROVEMENTS As—established in the existing 5 -year CIP, the following streets are programmed for reconstruction in 2009: A. 2009 CONSTRUCTION 1. Shenandoah Area Rice Court Hokah Court Hokah Drive Totem Trail Arrowhead Drive Totem Trail to Cul-de-sac Hokah Drive to Cul-de-sac Totem Trail to Birch Street Arrowhead Drive to Birch Street Ware Road to 550 feet East of Totem Trail Overall, these streets are typical of many streets in the City that are over 30 years in age and are reaching the end of their design life. The overall condition assessment of the proposed improvement areas are further described in the following Section. -13- 3 13549.004 H. Authorize improvement Project & Preparation of Pians/Specifications December 2007 1. Hold Neighborhood Meetings Ongoing 2008 J. Approve Plans and Specifications and Order Advertisement for Bids Spring 2009 K. Accept Bids Spring 2009 L. Assessment Hearing Spring 2009 M. Start Construction Spring 2009 N. End Construction Fall 2009 I11. PROJECT DESCRIPTION AND HISTORY West Shadow Lake Drive has had many repairs and overlays done over the years. It ranges in width from 21 feet near the channel crossing, to 26 feet in other areas, and is about 1.5 miles long. The Project includes Shadow Court and Sandpiper Lane. The street consists of three distinct sections. The southem section is straight and wider. It has undeveloped property, a park, and a school yard fronting on it. It has a rural cross- section; however some of the ditches are gone. The middle section is narrow and has wetlands and the channel abutting it. Soil borings show the underlying soils are poor and contain 15 -foot to 20 -foot deep sections of peat where the street crosses the channel. The road elevation near the channel is low, and the lake has overtopped the road in some years. It has a rural cross-section which is elevated from the surrounding land. Drainage is undefined in this area. There are many trees close to the street in this area. The northern section is residential and the street there is narrow. The street was initially a rural section street with ditches handling the drainage. Over the years many of the ditches have been filled to create front lawn areas. Because of the flat street grades in many areas, this filling has created drainage problems such as icing in the winter and standing water in the summer. The sandy nature of the soils has mitigated this problem somewhat. Currently, the street is not centered within the right-of-way, but rather meanders within it. Shadow Court and Sandpiper Lane are wider streets with bituminous -curb. These streets have good grades, and drain towards West Shadow Lake Drive. - 15 -g 3- 13849.005 Lino Lakes City Charter provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such estimate, the Council shall by resolution set a date for a public hearing on the proposed improvement setting forth therein the time, place and purpose of such hearing. Such resolution shall be published twice, at least one week apart, in the official newspaper of the City no less than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such resolution including estimate unit prices and estimated total price thereof shall be mailed to each benefitted property owner at his/her last known address at least two (2) weeks prior to the date of said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the City shall receive any written and oral statements, and hear any petitioners for or against the proposed improvement. At such hearing the City Council shall present a special assessment formula and an analysis of the assessment income expected to offset the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing before any further action shall be taken by the Council, on the proposed improvement. If within such sixty (60) day period, in a petitioning process independent of the initiating process, a petition against such improvement be filed with the Council, signed by a majority of the owners proposed to be assessed for such improvement, or when the improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement, at least equal to the number of those who petitioned for the improvement, the Council shall not make such improvement at the expense of the property benefitted, unless, in the meantime there be filed with the Council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the petition against the improvement. Any person whose name appears on a petition to the Council for a local improvement, may withdraw his/her name by statement in writing filed with the Council before such petition is presented to the Council. Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100%) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty (120) days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to the voters of the City. If no election is scheduled during such one hundred twenty (120) day period, the Council shall schedule a special election by which said improvement and its associated assessment formula can be submitted to the City's voters. If a majority of those voting on said improvement and PAGE 21 -17- Lino Lakes City Charter AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid Highway #23 Intersection (Lake Drive) -All Government Lot 1, Section 30, T31, R22, PIN. 30-31-22-210001 -That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway #49 (Hodgson Road) right- of-way AREA NO. 2 - Interstate 135E and County Road 242 (Main Street) Interchange Northeast one quarter (1/4) of Section 24 That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street East one half (1/2) of the southwest one quarter (1/4) of Section 24 East one half (1/2) of the northwest one quarter (1/4) of Section 24 AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive) Interchange North one half (1/2) of the southwest one quarter (1/4) of Section 18 That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying north of the Interstate I35W right-of-way That part of the southwest one quarter (1/4) of Section 17 Lying west of Trunk Highway #49 (Lake Drive) right-of-way All of the northwest one quarter (1/4) of Section 17- with the exception of that part of the southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as follows: beginning at a point at the intersection of the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5 (+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning. The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property. That part of the north one half (1/2) of the northeast one PAGE 23 -19- Julie Bartell '7rom: Julie Bartell sent: Friday, August 24, 2007 4:34 PM To: 'CDah122231 @aol.com' Subject: Cost of attorney services Hi Caroline, I just got the answer on the hourly rate paid for attorney services through William Hawkins & Associates. It is $134.00 per hour. 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 This letter acknowledges receipt of Resolution No. 08-23 approved by the Lino Lakes Charter Commission on August 23, 2007 delivered to Lino Lakes City Hall by Chairperson Cori Duffy and Secretary Caroline Dahl on August 30, 2007. The title of the resolution is as follows: RESOLUTION UTILIZING ADDITIONAL STATUTORY TIME PERIOD FOR CHARTER COMMISSION TO ACT ON CHARTER AMENDMENT ISSUE. Charter Commissioner Zastrow introduced the following resolution and moved its adoption: LINO LAKES CHARTER COMMISSION ITEM RESOLUTION NO. 08-23 RESOLUTION UTILIZING ADDITIONAL STATUTORY TIME PERIOD FOR CHARTER COMMISSION TO ACT ON CHARTER AMENDMENT ISSUE. Whereas, the City Council presented to the Charter Commission on July 9, 2007, a potential amendment to Section 8 of the City's Charter. The Charter Commission has used their initial 60 days ending on September 7, 2007, to review said potential amendment. Whereas, the Charter Commission has determined that more time is required to fully explore the issue of an amendment to the City Charter. Under the authority of MN Statutes §410.12, subdivision 5, the Charter Commission may extend the time frame for review for an additional 90 days to respond to the potential amendment. Whereas, the Charter Commission is formally utilizing this extension for an additional period of 90 days from September 7, 2007, under the authority of MN Statutes §410.12 subd.(5). NOW THEREFORE, BE IT RESOLVED that the Lino Lakes Charter Commission hereby files it's resolution utilizing the statutory 90 day extension set out in MN Statutes §410.12, subd. (5). Passed by the Lino Lakes Charter Commission this 23'1day of August 2007. ATTE u ie ' artell, Ci Clerk This motion for the adoption of the foregoing resolution was duly seconded by Charter Commissioner Maher and upon vote being taken thereon, the resolution was declared duly passed and adopted.