HomeMy WebLinkAbout11-15-2007 Charter PacketLINO LAKES CHARTER COMMISSION
SPECIAL MEETING AGENDA
Thursday, November 15, 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 minutes, November 1, 2007 6:35 PM
6. Old Business, Review revised draft amendment 6:45 PM
7. New Business
A. Election results on Road Reconstruction (read only)
B. Set November/December/January agenda
8. Adjourn 9:30 PM
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DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
DRAFT
CITY OF LINO LAKES
CHARTER COMMISSION
November 1, 2007
6:34 P.M.
9:57 P.M.
Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening,
Duffy, Bor, Richard Williams, Rosemary Williams,
Storberg, Zastrow, Stockman Maher, and Carlson
None
Montain
None
CALL TO ORDER AND ROLL CALL
Chair Duffy called the special meeting of the Lino Lakes Charter Commission to order at 6:34
p.m. on November 1, 2007.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
MOTION by Commissioner Bening, seconded by Commissioner Dahl, to approve the agenda.
Motion carried unanimously.
OPEN MIKE
Chris Bretoi, 6779 W. Shadow Lake Drive, appeared before the Charter Commission. Mr. Bretoi
encouraged the Charter Commission to continue its important work on the amendments and to
craft a document that the public can understand. Mr. Bretoi indicated that based on the turnout at
recent open houses, there is cause for concern about apathy of people in the neighborhoods. Mr.
Bretoi expressed his concern about the way in which some of the amendment is worded, for
example, stating that a certain percentage of residents in a particular neighborhood are "against"
doesn't sound right, and suggested it should state that a certain percentage of residents in a
particular neighborhood are "for" or "in favor." He added that some people are reluctant to sign -a
petition and/or get involved and expressed concern that projects could happen by default.
Mr. Bretoi also expressed concern about how the referendum is going to be worded on the ballot
and cited a recent article in the Citizen.
Commissioner Vacha stated there was a sample ballot recently published and it clearly states in
large bold letters on the bottom that if you vote "yes," you will have a tax increase.
Charter Commission
November 1, 2007
Page 2
DRAFT
46 Mr. Bretoi reiterated his concern that residents are not being kept informed; he stated his feeling
47 that right now it feels like residents are writing the City a blank check. He stated that with
48 respect to the Shadow Lake Drive improvements, the City has indicated it plans to proceed with
49 the project and this has resulted in a high level of distrust.
50
51 Commissioner Bor asked Mr. Bretoi if he has expressed his concerns to the City Council.
52
53 Mr. Bretoi presented the Charter Commission with a copy of his remarks given to the City
54 Council and the local newspaper.
55
56 Chair Duffy expressed the Charter Commission's thanks to Mr. Bretoi for appearing at the
57 meeting.
58
59 APPROVAL OF MINUTES — OCTOBER 11, 2007
60
61 Commissioner Storberg requested lines 347 and 348 on page 8 be amended to read:
62 "Commissioner Storberg expressed the Commission's appreciation to Chair Duffy and
63 Commissioner Dahl for their work in hiring Ms. Marty."
64
65 Chair Duffy requested lines 47 and 48 on page 2 be amended to correct the name of the
66 newspapers, to read: "Commissioner Rosemary Williams suggested that residents write a letter to
67 the Quad and Citizen editors and try to get as many letters out there which includes a phone
68 number for the Mayor so...".
69
70 Commissioner Dahl requested line 62 on page 2 be amended to accurately reflect Mr. Freimuth's
71 residence, to read: "lives off Sunset Road. Mr. Freimuth stated under the current rules, residents
72 are...".
73
74 Commissioner Handrick requested line 40 on page 1 be amended to read: "Commissioner
75 Handrick stated this could potentially be a safety issue that the City has to address."
76
77 MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to approve the October
78 11, 2007, Charter Commission meeting minutes, as amended. Motion carried unanimously.
79
80 OLD BUSINESS
81
82 A. Paul Montain Member Status
83
84 Chair Duffy reported she previously sent an email to Commissioner Montain asking if he wished
85 to continue on the Charter Commission. Having heard no response from Commissioner
86 Montain, and pursuant to direction of the Charter Commission at the October 11, 2007 meeting,
87 Chair Duffy sent a certified letter to Commissioner Montain informing him that unless the
88 Commission hears from him by October 31, 2007, the Commission intended to follow the bylaws
89 of the Charter regarding discharge of members. Chair Duffy reported that the certified mail
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Charter Commission
November 1, 2007
Page 3
DRAFT
90 return receipt was returned to her signed as proof of delivery. Chair Duffy stated she has heard
91 nothing further from Commissioner Montain.
92
93 Commissioner Dahl stated she has also heard nothing from Commissioner Montain.
94
95 Chair Duffy read the letter she sent to Commissioner Montain, citing the specific provisions of
96 the bylaws related to unexcused absences, and noted that the minutes reflect that Commissioner
97 Montain has missed four meetings.
98
99 MOTION by Commissioner Bening, seconded by Commissioner Carlson, directing the Secretary
100 of the Charter Commission to send a letter to the Chief Judge of the District Court requesting
101 removal of Commissioner Paul Montain from the Lino Lakes Charter Commission.
102
103 Further Discussion
104 Commissioner Trehus requested a point of clarification and stated he felt the Commission must
105 first find that Commissioner Montain has had four unexcused absences.
106
107 Chair Duffy asked Commissioner Trehus if he would like to clarify the motion currently on the
108 table.
109
�-� 110 Commissioner Trehus again stated he felt the Commission must first find that Commissioner
111 Montain has been unexcused from four meetings.
112
113 Commissioner Bening accepted a friendly amendment to the motion.
114
115 Commissioner Bening then withdrew his motion.
116
117 Commissioner Carlson withdrew his second to the motion.
118
119 MOTION by Chair Duffy, seconded by Commissioner Vacha, directing the Secretary of the
120 Charter Commission to forward the findings of fact to the Chief Judge of the District Court with
121 respect to Commissioner Montain's unexcused absences and await the judge's response.
122
123 Further Discussion
124
125 Commissioner Trehus stated he did not believe the Charter Commission could forward findings
126 of fact before the Charter Commission finds that Commissioner Montain's absences are
127 unexcused.
128
129 Chair Duffy stated the Charter Commission minutes reflect that Commissioner Montain's
130 absences are unexcused.
131
/•••••N 132 Commissioner Trehus stated it should be the Charter Commission's finding that Commissioner
133 Montain has had four unexcused absences.
Charter Commission
November 1, 2007
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DRAFT
134 Commissioner Bening called the question.
135
136 Motion carried. Commissioner Trehus voted nay.
137
138 NEW BUSINESS
139
140 B. Review Draft Amendment from Attorney
141
142 Chair Duffy requested the Charter Commission review each section in the draft amendment
143 prepared by Karen Marty, beginning with Section 8.01.
144
145 Section 8.01. Power to Make Improvements
146 Chair Duffy stated this section does not discuss "local character" as reflected in the current
147 Charter.
148
149 Commissioner Handrick stated "local character" is a subjective term which is why Ms. Marty left
150 it out of the document; it does not have a standard definition in the statute and creates ambiguity.
151
152 It was the consensus of the Commission to further discuss this issue with Ms. Marty.
153
154 Section 8.02. Relation to State Law
155 It was the consensus of the Commission that this section is acceptable.
156
157 Section 8.03. Limitation on Power to Assess
158 Commissioner Trehus asked if the term "assess" needs to be defined.
159
160 Commissioner Handrick asked Commissioner Stockman Maher if the term assessment is defined
161 in the statute.
162
163 Commissioner Stockman Maher replied in the affirmative.
164
165 Commissioner Trehus expressed concern about the use of the word "special" in the first
166 sentence.
167
168 Commissioner Bor stated the term is defined in the statute and noted this section specifically
169 contains a limitation on the power to assess.
170
171 Commissioner Stockman Maher noted the title of this section reads "limitation on power to
172 assess" and the first sentence states the City may levy "special" assessments. She stated it is
173 important to be consistent throughout the document.
174
175 It was the consensus of the Commission to discuss this issue further with Ms. Marty.
176
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Charter Commission
November 1, 2007
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DRAFT
177 Commissioner Carlson requested an amendment to the second sentence of Section 8.03 so that
178 the sentence reads "Assessments and terms of payment shall be imposed uniformly on similar
179 properties."
180
181 Commissioner Stockman Maher stated the term "similar properties" is not a defined term in the
182 statute and could create ambiguity.
183
184 Commissioner Vacha stated the same argument could be made with respect to the last sentence
185 that the assessment on each property "shall not exceed the benefit to that property." He
186 questioned who would decide the benefit to a property.
187
188 Commissioner Trehus suggested amending the second sentence to read "Assessments and terms
189 of payment shall be imposed uniformly." He also questioned the use of the word "principally" in
190 the second parenthetical.
191
192 It was the consensus of the Commission to request input from Ms. Marty regarding the use of
193 "similar," "principally," and "special" in Section 8.03.
194
195 Section 8.04. How to Initiate a Project Which will be Assessed
196
"0-N 197 Subdivision 1
198 Commissioner Trehus stated the Charter uses the term "benefited property owners" and felt it
199 would be appropriate to use that term in this section.
200
201 It was the consensus of the Commission to request Ms. Marty use the term "benefited property
202 owners" in this section.
203
204 It was the consensus of the Commission to change the second parenthetical in subd. 1 to read "by
205 a petition signed by 25% or more of the property owners benefiting from the improvements to be
206 assessed for the improvements."
207
208 Subd. 2
209 Commissioner Trehus questioned whether there needed to be separate criteria for petition versus
210 resolution requirements.
211
212 It was the consensus of the Commission to ask Ms. Marty for clarification of the issue regarding
213 petition and resolution requirements and to ask Ms. Marty to articulate what is meant by subd. 2.
214
215 Subd. 3
216 Commissioner Bening requested clarification on the simple majority vote requirement, adding
217 that for projects with 100% signing the petition, the project has already been initiated according
218 to subdivision 1.
219
Charter Commission
November 1, 2007
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DRAFT
220 It was the consensus of the Commission to ask Ms. Marty for clarification of this subdivision,
221 noting that the simple majority vote appears redundant.
222
223 Commissioner Bor suggested that Section 8.04 be reformatted and instead of labeling the
224 paragraphs subd. 1, subd. 2, etc., perhaps they could be labeled (a), (b), etc. to make it easier for
225 people to understand.
226
227 Commissioner Stockman Maher stated the third sentence in Subd. 3 appears to be contradictory
228 to Section 8.03.
229
230 Commissioner Trehus concurred.
231
232 Commissioner Bor suggested that the Commission should not attempt to wordsmith the
233 amendments prepared by Ms. Marty but rather provide her with the Commission's substantive
234 comments.
235
236 Commissioner Rosemary concurred, and stated Ms. Marty is the attorney and we are paying her
237 for her expertise.
238
239 It was the consensus of the Commission to request Ms. Marty for clarification of the third
240 sentence in subd. 3 and to determine if it is contradictory to Section 8.03.
241
242 Subd. 4
243 Commissioner Bening requested clarification of the use of the words "to initiate the project."
244
245 Commissioner Trehus indicated this appears to be a policy question since the focus could be
246 beyond paying for projects. He expressed concern that a petition for a feasibility study could be
247 treated as a petition for a project.
248
249 Several Commissioners disagreed, noting that this is covered in Section 8.05.
250
251 It was the consensus of the Commission to ask Ms. Marty to work on this issue and make any
252 recommended revisions.
253
254 There was considerable discussion regarding what defines a project.
255
256 Subd. 5
257 Commissioner Bening asked if this provision was redundant.
258
259 Commissioner Bor stated it appears that this section needs to be reformatted so that it is easier to
260 understand.
261
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Charter Commission
November 1, 2007
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DRAFT
262 Section 8.05. Feasibility Study
263 Commissioner Trehus requested an amendment to the second parenthetical to reference location
264 as well as size of storm ponds.
265
266 Chair Duffy stated she is concerned about the potential to hamstring the City on any project and
267 micromanaging projects.
268
269 Commissioner Trehus stated this section defines what the feasibility report will contain and felt it
270 was important to not leave any gray areas in this section.
271
272 Commissioner Bening stated the more detail you require in a feasibility study, the more the cost
273 goes up.
274
275 Chair Duffy stated one purpose of the neighborhood meetings is to gather information regarding
276 a project and to obtain as much detail as possible at that time.
277
278 Commissioner Richard Williams concurred, adding that he did not feel it was necessary to
279 include all this detail until it is decided to go forward with a project.
280
281 Chair Duffy stated she would ask Ms. Marty what the impact would be if more details were
282 added to this section regarding feasibility studies.
283
284 Commissioner Bor stated she would like a definition of feasibility study.
285
286 Commissioner Trehus requested the second parenthetical be amended to state "any and all" trees
287 to be removed.
288
289 Commissioner Bening requested clarification of the second parenthetical as it relates to "details
290 significant to the affected properties" as well as the third parenthetical as it relates to "each of the
291 recommended public improvements."
292
293 Chair Duffy stated the Commission asked Ms. Marty to include that information so residents can
294 make an educated decision about a particular project.
295
296 Commissioner Handrick asked if an itemized statement of what is going to be included in the
297 project would be acceptable.
298
299 Commissioner Carlson provided a hypothetical in which a proposed project would list the cost of
300 sewer separately and a bike path separately, and then if both projects were done at the same time,
301 it would list the cost of bundling the project together, and the cost might be significantly reduced.
302 In this way, you would see the cost separately for each item as well as bundled together.
303
/'\
Charter Commission
November 1, 2007
Page 8
DRAFT
304 Commissioner Bor stated a feasibility study is not intended to give you detail about the size of a
305 storm pond; there are laws that govern that. She stated all those things will come out in the
306 design of the project.
307
308 It was the consensus of the Commission to ask Ms. Marty what the effect would be on City staff
309 to add more details to this section.
310
311 Section 8.06. Public Hearing
312 Commissioner Bening pointed out a typographical error (public) in the second line.
313
314 Commissioner Bor suggested an amendment to the last sentence, adding "to the affected [or
315 benefiting] property owners at least ten business days prior to the public hearing."
316
317 It was the consensus of the Commission to amend the last sentence of Section 8.06 to read "The
318 notice of public hearing shall be sent by certified mail to the affected [or benefiting] property
319 owners at least ten business days prior to the public hearing."
320
321 Section 8.07. Indication of Preferences
322 It was the consensus of the Commission to add the word "to" to the third line of Subdivision 1 so
323 that it reads "period is to allow the affected property owners to indicate their preference to have
324 the project...".
325
326 Section 8.08. City Council Action
327 Commissioner Bening stated that the word "shall" in the third sentence of Subd. 1 should be
328 changed to "may." In addition, the word "shall" in the second sentence and last sentence of
329 Subd. 2 should be changed to "may."
330
331 Commissioner Carlson expressed his objection to Subdivisions 1 and 2 of Section 8.08, stating
332 that he is opposed to individual neighborhoods micromanaging a project which might not benefit
333 the entire City. He stated there has to be uniformity throughout the City of Lino Lakes without
334 hamstringing the City Council and staff.
335
336 Chair Duffy requested a vote of the Charter Commission regarding Subdivisions 1 and 2 of
337 Section 8.08. Following a hand vote, the Charter Commission was split on this matter.
338
339 Chair Duffy stated she would request a recommendation from Ms. Marty.
340
341 Subd. 3
342 Commissioner Bening stated his preference to increase the number of years before utilities in a
343 street may be approved.
344
345 Chair Duffy stated her recollection is that the Commission previously discussed this and
346 recommended five years.
347
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Charter Commission
November 1, 2007
Page 9
DRAFT
348 Section 8.09. Taxpayer Referendum
349
350 Subdivision 1
351 There was considerable discussion regarding the 51% requirement to trigger a referendum.
352
353 Chair Duffy stated the Commission decided to use the mayoral election in calculating the number
354 of votes required.
355
356 Commissioner Trehus suggested waiting until the November 6 election next week and then make
357 a determination on the percentage requirement.
358
359 Commissioner Carlson agreed that a lower number should be used, perhaps 10%.
360
361 Commissioner Vacha suggested a 25% requirement.
362
363 It was the consensus of the Commission to use a 25% requirement.
364
365 Commissioner Bening stated the Charter reads 10% of registered voters.
366
367 Commissioner Trehus stated that a recent letter to the editor indicated that the Charter
368 Commission is not going to appease staff or City Council. He indicated when the Charter
369 Commission began its work, the goal was to make sure residents were behind the referendum.
370 He stated his strong belief that the referendum be kept in the document as an automatic
371 requirement.
372
373 MOTION by Commissioner Zastrow, seconded by Commissioner Stockman Maher, to revise the
374 last sentence of Subdivision 1 of Section 8.09 to read as follows: "To trigger a referendum, the
375 number of valid signatures on the petition must equal or exceed 12% of the number of votes cast
376 for mayor in the last mayoral election."
377
378 Further Discussion
379
380 Commissioner Bening stated he felt the number was too low.
381
382 Commissiner Aldentaler stated it would be difficult to get 10% right now.
383
384 Commissioner Dahl requested that Chair Duffy call the question.
385
386 Commissioner Trehus stated if there is a project where there is a minority that wants it, you could
387 require a referendum on that. He felt strongly that the City should get to weigh in on that.
388
389 Commissioner Bor called for a point of order.
390
391 Motion carried. Commissioners Trehus and Bening voted nay.
Charter Commission
November 1, 2007
Page 10
DRAFT
392
393 Commissioner Vacha left the meeting at 9:12 p.m.
394
395 Subd. 2
396 Commissioner Richard Williams questioned the use of the words "no referendum is required" in
397 the second sentence of subd. 2.
398
399 Commissioner Trehus left the meeting at 9:14 p.m.
400
401 Commissioner Carlson asked if this section should reference the 60 day period described in
402 Section 8.07.
403
404 It was the consensus of the Commission to request Ms. Marty's input on this section as it relates
405 to the desire of the Commission to be more specific regarding timing.
406
407 Subd. 3
408 It was the consensus of the Commission to add the word "determined" so that the sentence reads
409 "The ballot shall ask voters whether they want to pay for a determined percent of the named
410 public improvement project out of the general tax dollars; where 'X' is the determined
411 percentage of the project proposed not to be assessed."
412
413 Subd. 4
414 Chair Duffy stated the Commission has had significant discussion regarding the number to be
415 used.
416
417 Commissioner Bor suggested adding the words "by resolution" to the last sentence so that it
418 reads "The City Council may not initiate by resolution the same project within the next 12
419 months."
420
421 Commissioner Carlson expressed concern about the use of the word "same."
422
423 Commissioner Stockman Maher suggested revising the sentence to read "The City Council may
424 not initiate by resolution substantially the same project within the next 12 months."
425
426 Subd. 5
427 It was the consensus of the Commission that subd. 5 is acceptable.
428
429 Section 8.10. Assessments for Services
430 Commissioner Carlson requested the definition of "services."
431
432 Chair Duffy stated this section has not been revised from the existing Charter.
433
434 It was the consensus of the Commission to ask Ms. Marty is there are any consequences to not
435 including Section 8.10 in the amendment.
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Charter Commission
November 1, 2007
Page 11
DRAFT
436
437 Section 8.11. Specified Commercial Areas
438 Commissioner Bening stated the three areas described in subd. 2 are not applicable; there is only
439 one area affected.
440
441 Commissioner Handrick asked if the language in Section 8.11 is identical to the existing Charter.
442
443 Commissioner Dahl stated she would clarify this with staff.
444
445 Subd. 4
446 The typographical error in the second parenthetical (public) was noted.
447
448 Subd. 6
449 Commissioner Carlson requested clarification of this subdivision.
450
451 Commissioner Bor stated that some cities do not give residents the option of later connection.
452 She expressed concern about this provision and did not feel residents should be mandated to
453 hook up to public improvements.
454
455 Chair Duffy read subdivision 3 from the current Charter.
456
457 It was the consensus of the Commission to request Ms. Marty to redraft this provision for further
458 comment by the Commission.
459
460 NEW BUSINESS
461
462 A. Information on Road Reconstruction for Ballot, Quad Press Article, City -Wide
463 Mailer and on City Website about Amendment Question
464
465 Chair Duffy presented written information on the road reconstruction for the ballot, a recent
466 Quad press article, a City-wide mailer about the amendment as well as information on the City
467 website about the amendment.
468
469 B. Set November Agenda
470
471 Chair Duffy stated the Commission is scheduled to meet on Thursday, November 15, 2007, at
472 6:30 p.m. Ms. Marty will be present at this meeting.
473
474 Chair Duffy stated that comments regarding the amendments will be submitted to Ms. Marty by
475 November 9.
476
Charter Commission
November 1, 2007
Page 12
DRAFT
477 OTHER
478
479 Chair Duffy reported that seven people filed for positions on the Charter Commission;
480 Commissioners Carlson, Storberg, Stockman Maher, and Chair Duffy will be staying on the
481 Commission and three new people will be joining the Commission.
482
483 ADJOURN
484
485 MOTION by Commissioner Zastrow, seconded by Commissioner Richard Williams, to adjourn
486 the meeting at 9:57 p.m. Motion carried unanimously.
487
488 Respectfully submitted,
489
490 Barbara Hughes
491 TimeSaver Off Site Secretarial, Inc.
12
CITY OF LAN)) LAKES
ELECTION SUMMARY REPORT, November 6, 2007
Precincts
1
Pr. #1
Pr. #2
Pr. #3
Pr. #4
Pr. #5
Pr. #6
Pr. #7
TOTAL
# of Reg. Persons at 7 a.m.
1092
1606
1504
1988
988
2725
921
10824
# of Persons Registering on Election Day
11
8
5
15
5
32
8
84
Total # of Reg. Voters
1103
1614
1509
2003
993
2757
929
10908
CITY QUESTION - ROAD RECONSTRUCTION
Yes
72
64
71
184
57
181
67
696
No
202
191
218
208
111
540
136
1606
Blank
3
1
0
2
2
26
1
35
Overvote
0
0
0
0
0
0
0
0
MAYOR
John Bergeson
138
143
169
277
103
395
128
1353
John Freimuth
128
92
102
90
60
203
62
737
Write -Ins
2
8
5
4
0
4
3
26
Blank
9
13
13
23
7
145
11
221
Overvote
0
0
0
0
0
0
0
0
COUNCIL MEMBER (2)
Daniel Stoltz
164
158
194
249
105
422
142
1434
Kathi Gallup
177
174
183
234
108
414
126
1416
Write -Ins
12
6
12
24
1
22
4
81
Blank
40
34
32
56
26
175
24
387
Overvote
0
0
0
0
0
0
0
0
Undervote
121
106
125
169
74
286
88
969
Voter Receipts
266
247
278
385
167
720
202
2265
Absentee
11
9
11
9
3
27
2
72
Total # Voters
277
256
289
394
170
747
204
2337
Turn -out %
25%
16%
19%
20%
17%
27%
22%
Average = 21%
1