Loading...
HomeMy WebLinkAbout10-11-2007 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA Thursday, October 11, 2007 1. CaII to Order and Roll Call 6:30 PM 2. Pledge of Allegiance 6:32 PM 3. Approval of Agenda 6:33 PM 4. Open Mike 6:34 PM 5. Approval of minutes, September 6, 2007 6:35 PM 6. Old Business A. 2007 Charter Budget 6:40 PM B. Commissioner Absences 6:45 PM C. On -Going Reports, Gordon Heitke, City Administrator, read only New items that have come forward relating to Charter Business 7. New Business Charter Attorney 7:00 PM Set November meeting date & agenda 8. Adjoum 9:00 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 r\ 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Charter Commission September 6, 2007 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT DRAFT CITY OF LINO LAKES CHARTER COMMISSION : September 6, 2007 . 6:37 P.M. : 10:02 P.M. Dahl, Aldentaler, Trehus (arrived at 6:42 p.m.), Handrick, Bening, Duffy, Richard Williams, Rosemary Williams, Storberg, Stockman Maher (arrived at 6:48 p.m.), and Carlson : Zastrow, Vacha, Bor, : Montain : None CALL TO ORDER AND ROLL CALL Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:30 p.m. on September 6, 2007. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Amended agenda suggested. Add 7B under New Business to discuss bylaws relating to Commissioners absent from meetings. It was suggested that discussion on this be moved to a future meeting. Commissioner Trehus arrived at 6:42 p.m. MOTION by Commissioner Bening, seconded by Commissioner Dahl, to adopt the amended agenda. Motion carried unanimously. OPEN MIKE No one was present for open microphone. APPROVAL OF MINUTES A. August 23, 2007 — Chair Duffy stated on page 3, paragraph five, and on page 4, paragraph one the correct spelling for the attorney names are Karen Marty and Dan Schleck. On page 4, paragraph 7, the highlighting can be removed from the bullet points. 1 Charter Commission September 6, 2007 Page 2 DRAFT 45 MOTION by Commissioner Dahl, seconded by Commissioner Richard Williams, to approve 46 the August 23, 2007, Charter Commission meeting minutes. Motion carried 8-0-3. Abstain: 47 Commissioners Bening, Storberg and Handrick. 48 49 OLD BUSINESS 50 51 A. Attorney for Hire — Commissioner Dahl stated Melissa sent an email to Daniel Schleck, and 52 just received a reply. 53 54 Commissioner Stockman Maher arrived at 6:48 p.m. 55 56 Commissioner Dahl continued that Daniel Schleck proposed $5,250 to review the charter 57 thoroughly. This includes an estimated 10 hours for review of proposed amendment, assume 58 one meeting plus travel for six hours, revamp with Commissions input, prepare report with 59 initial changes and respond to additional phone calls. She reported that she called Karen 60 Marty and after not receiving an answer sent an email. She stated that with discussion 61 included Chapter 8, bullet points and other items to create an estimate. She commented that 62 Karen Marty's estimate was for $1,200 to cover no more than two meetings, and only 63 Chapter 8. She also mentioned that a few months ago she received an estimate of $3,000 64 from Bill Dorn on highway 65. 65 66 Chair Duffy questioned if the Commission would like $5,250 requested from the Council for 67 the hiring of the attorney. The Commission was in agreement to make this request. 68 69 Commissioner Trehus suggested increasing the request by $1,000 for printing costs. The 70 Commission discussed asking for separate funds for printing. It was discussed that the 71 printing costs can be returned if the amendment is not approved. 72 73 MOTION by Chair Duffy, seconded by Commissioner Stockman Maher, to present City 74 Council with a request for funding in the amount of $5,250 to cover legal expenses. Motion 75 carried unanimously. 76 77 Commissioner Dahl asked if the funding request will be presented at next Mondays Council 78 meeting. Chair Duffy stated that she plans to attempt this. 79 80 Motion carried unanimously. 81 82 Commissioner Stockman Maher stated she met with Daniel Schleck of Schleck and 83 Associates this morning. She stated that he was referred as a municipal person. She stated 84 that he was very knowledgeable. Commissioner Dahl stated that Karen Marty of Marty Law 85 Firm, LLC, has experience in house and with City government for 26 years. 86 87 MOTION by Commissioner Storberg, seconded by Commissioner Stockman Maher to retain 88 the legal services -of Karen Marty. Motion carried unanimously. 2 Charter Commission DRAFT September 6, 2007 Page 3 89 90 Discussion was to have an alternate attorney selected if Karen Marty is not available. 91 92 MOTION by Commissioner Stockman Maher, seconded by Commissioner Bening, to retain 93 Daniel Schleck as an alternate attorney. Motion carried unanimously. 94 95 The Committee discussed the communication contact with the attorney. 96 97 MOTION by Commissioner Handrick, seconded by Commissioner Trehus, that 98 Commissioner Dahl be the contact for Karen Marty. Officers of the Charter Commission 99 will be the contact if Commissioner Dahl is unavailable. 100 101 Commissioner Storberg clarified that only officers should have discussions with the attorney. 102 103 Motion passed unanimously. 104 105 B. Amendment / Discussion Review and Comments of Sub -committee's Handout — 106 Commissioner Trehus stated that if they reject the proposal tonight the Council could still put 107 the Task Force Amendment on the ballot without a delayed vote. Consensus of the 108 Commission was to not reject the proposal but continue in further discussion. The ✓'1109 continuance ends December 6th . 110 111 Chair Duffy questioned if there is support to remove the referendum provision in a situation 112 that would allow the neighborhoods to opt out or initiate a project without the City taking a 113 vote on it. This is in Chapter 8 and would allow the neighborhoods to understand the project 114 to be undertaken so they can opt out or move forward with the proposal. Commissioner Dahl 115 questioned if the rest of the City will pay the neighborhood's taxes. Chair Duffy withdrew 116 her question. 117 118 Commissioner Handrick suggested working on the proposed Task Force Amendment to close 119 any loopholes. She suggested that the attorney look at this from both sides and make 120 suggestions. 121 122 Commissioner Storberg suggested creating a definition for road repair to eliminate problems 123 leading to many amendments. 124 125 Chair Duffy suggested reviewing the bullet points from the subcommittee to reach an 126 agreement and narrow down the list. The Commissioners discussed the bullet points leading 127 to the following recommendations: 128 Bullet #1: Remove. Similar to bullet 2, which was preferred. 129 Bullet #2: Continue and review the percentage of voters. 130 Bullet #3: Forward 8.03 to the attorney. 131 Bullet #4: Continue requiring notices via certified mail. 3 Charter Commission September 6, 2007 Page 4 DRAFT 132 Bullet #5: Change to a 2-4 year disallowance provision be made. It will be determined later 133 the specific number of years within 2-4. Suggestions were made to use a two-year provision. 134 Bullet #6: Agreed that the developer pay for roads or utilities. Commissioner Handrick 135 suggested leaving this option open for payment other than the developer for large 136 development projects that help pay into the tax base. She suggested getting the attorneys 137 opinion. Commissioner Trehus recommended adding the word new to clarify that this is not 138 for existing roads. 139 Bullet #7: Consensus was to continue to include this for existing roads. 140 Bullet #8: Remove. 141 Bullet #9: The Commission discussed that the project can be stopped with a 51 percent 142 majority petition. It was agreed that the City inform the neighborhood about planned 143 changes. Commissioner Bening read from 804.1 that the definition is vague and could be 144 further explored. Consensus was to keep bullet nine in the amendment. 145 Bullet #10: Remove — costs of project maybe underestimated making survey obsolete. 146 Bullet #11: Commissioner Carlson questioned for bullet eleven what components would be 147 involved. 148 149 Majority of the Commission agreed to remove bullet 11 due to redundancy. Commissioner 150 Richard Williams, Aldentaler and Rosemary Williams abstained. 151 152 Bullet #12: Commission agreed to bullet twelve and discussed if a majority of 4/5 means all 153 Council needs to be present to vote. 154 Bullet #13: Consensus of Commission is to have this remain on the referendum. 155 Bullet #14: Consensus of the Commission is to continue to block a project with a 25 percent 156 or greater petition in the referendum. 157 Bullet #15: Consensus of the Commission is to keep this item. Commissioner Trehus asked if 158 the task force amendment is clumsy and should be reviewed and streamlined. 159 Bullet #16: Consensus was to keep this item. The Commission discussed that further review 160 of this would result in more user friendly understanding which would be helpful for staff, 161 residents and all parties. 162 Bullet #17: Remove due to redundancy and that it is too vague. 163 Bullet #18: Remove as this limitation is in regard to tax increases. Commissioner Handrick 164 stated that the pavement management plan is in place for this. 165 Bullet #19: Agreed to enforce the five-year pavement management plan on road maintenance 166 that is in place. 167 Bullet #20: Leave in the referendum for discussion with the attorney. Commissioner Carlson 168 questioned how this will be done in the framework of the Charter. 169 New Bullet #21: Add language review of the entire Charter to make it easier to understand. 170 Consensus of Commission was in agreement over all bullet numbers 1-21. 171 172 Chair Duffy stated that the proposed amendment does not establish a funding source for road 173 improvement. 174 4 Charter Commission September 6, 2007 Page 5 DRAFT 175 Commissioner Trehus questioned if roads would be funded without a charter change. He 176 commented that a petition for a study does not constitute a petition in favor of a project. 177 178 Commissioner Dahl questioned if there is a standard petition form available. Commissioner 179 Trehus suggested this be added as a bullet point. Consensus of the Commission is to ask the 180 lawyer about a petition form. It was suggested that this will be placed on the City website. 181 182 C. Charter Communication Plan — Commissioner Richard Williams asked if there is time to 183 list this in the newspaper. 184 185 Commissioner Richard Williams and Commissioner Rosemary Williams left the meeting at 186 9:54 p.m. 187 188 MOTION by Commissioner Carlson, seconded by Commissioner Bening, to table discussion 189 about the Charter Communication Plan until next month. Motion carried 9-1. Trehus 190 opposed. 191 192 Commissioner Handrick left at 9:55 p.m. Commissioner Stockman Maher left at 9:55 p.m. 193 for a phone call. 194 \195 D. Detailed Task Force Spending — Chair Duffy stated that this has been printed. She 196 commented that there would not be a discussion on this. 197 198 NEW BUSINESS 199 200 A. Budget — Commissioner Dahl stated the budget needed to be submitted for review on 201 Tuesday and this has been done. She commented that it was handled smoothly. 202 203 Chair Duffy stated that October 1St is the deadline to application to reapply for the Charter 204 Commission. Applications are on line. Consensus was to hold the next meeting on October 205 11th 206 207 Next Meeting: 1) Discussion of excused absences and review of bylaws to address this; 2) 208 request money for attorney; 3) get prices for Quad and the Citizen ads; 4) send letter to 209 Council requesting $5,250 for legal costs; 5) review task force report to determine funding 210 source. 211 212 ADJOURN 213 214 MOTION by Commissioner Dahl, seconded by Commissioner Aldentaler, to adjourn the meeting 215 at 10:02 p.m. Motion carried unanimously. 216 217 Respectfully submitted, 218 Beth Bostrom, TimeSaver Off Site Secretarial, Inc. Memorandum Date: October 4, 2007 To: Charter Commission From: Gordon Heitke Re: Quarterly Update Five Year Financial Plan The annual update of the Five Year Financial Plan is currently underway. Adoption of the plan is to occur in December. Public Improvement Petitions The City received a petition opposing the proposed Shenandoah Area street reconstruction project with a sufficient number of signatures to stop the project from proceeding. Street Reconstruction In the absence of an opposing petition, the Council has approved the West Shadow Lake Drive reconstruction question for the ballot in November 2007. Two open house informational meetings will be held to explain the proposed West Shadow Lake Drive reconstruction project on October 24th and October 30th from 5 p.m. to 7 p.m. at City Hall. City Council Referral: 181 Reading approved and ordinance referred to Charter Commission on July 9 V Timeline for consideration of Charter Amendment by City Council (Ordinance No. 07-07) 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. 2008 General Election Day Nov 4 The amendment requires a 51% approval vote to pass. If approved, the amendment takes effect 30 days from election or as fixed in amendment. 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. Charter Commission Charter Commission approves resolution on Aug 23 requesting 90 day extension (to Dec 6) delivered to City Hall on Aug 30 Timeline is based on the provisions of Minnesota Statutes, Section 410.12. (attached) ' 110.12, Minnesota Statutes 2006 Page 1 of 3 Legislature Home 1 Links to the World i Help 1 Advanced Searcl House 1 Senate i Joint Departments and Commissions 1 Bill Search and Status i Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 410 Table of Contents 410.12, Minnesota Statutes 2006 Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota. 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is ...sought to be accomplished by the amendment. The summary, together with a copy of the proposed mendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of County of ss. being duly sworn, deposes and says that the affiant, and the affiant http ://ros .leg.mn/bin/getpub .php?pubtype=S TAT_CHAP_SEC&year=current&section=410.12&image.... 8/6/2007 410.12, Minnesota Statutes 2006 page 2 ,ofa3 only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiants 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. Subd. 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 fmdings. 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 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 fmding 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 http://ros.leg.mn/bin/getpub.php?pubtype=STAT CHAP_SEC&year=current&section=410.12&image.... 8/6/2007 .y 410.12, Minnesota Statutes 2006 Page 3 of 3 filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class .aving a home rule charter may propose charter amendments by ordinance without submission to • the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall e signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1 Please direct all comments conceming issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. http://ros.leg.mn/bin/getpub.php?pubtype=STAT CHAP_SEC&year=current&section=410.12&image.... 8/6/2007