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
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6 DATE
7 TIME STARTED
8 TIME ENDED
9 MEMBERS PRESENT
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12 MEMBERS EXCUSED
13 MEMBERS UNEXCUSED
14 STAFF MEMBERS PRESENT
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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.
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Charter Commission
July 19, 2007
Page 2
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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
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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.
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Charter Commission
July 19, 2007
Page 3
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93 NEW BUSINESS
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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
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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
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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
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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§ion=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
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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
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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.