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HomeMy WebLinkAbout10-11-2007 Minutes1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT APPROVED CITY OF LINO LAKES CHARTER COMMISSION : October 11, 2007 . 6:35 P.M. : 10:05 P.M. : Duffy, Vacha, Trehus, Handrick, Dahl, Bening, Aldentaler, Richard Williams, Rosemary Williams, Storberg, Zastrow, and Carlson : Bor, Stockman Maher : Montain : None CALL TO ORDER AND ROLL CALL Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:35 p.m. on October 11, 2007. PLEDGE OF ALLEGIANCE ^23 APPROVAL OF AGENDA 24 25 MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to approve the agenda. 26 Motion carried unanimously. 27 28 OPEN MIKE 29 30 Chris Bretoi, 6779 W Shadow Lake Dr, appeared before the Charter Commission to express 31 concern regarding proposed improvements on Shadow Lake Drive as well as the proposed 32 amendments to the Charter. He indicated that residents in the area attempted to petition the City 33 to conduct a feasibility study in order to obtain recommendations for repair to the road. He stated 34 a report was prepared by TKDA and the issue is now going to a referendum. Mr. P 35 expressed concern that a request for a study has now turned into a referendum. He stated that 36 residents have been informed that the street will not be repaired until the referendum passes. He 37 asked why it is necessary to have holding ponds and walking/biking paths as part of the 38 improvement. 39 40 Commissioner Handrick stated this could potentially be a safety issue that the City has to 41 address. 42 43 Mr. Bretoi questioned why the City has not come in and performed the repairs in this area and 44 then dealt with the other improvements later on. He added most of the residents in the Charter Commission October 11, 2007 Page 2 APPROVED 45 neighborhood understand that improvements are needed and most residents probably want to 46 preserve the character of the neighborhood in doing that. 47 48 Commissioner Rosemary Williams suggested that residents write a letter to the Quad and Citizen 49 editors and try to get as many letters out there which include a phone number for the Mayor so 50 that residents can voice their concerns. In addition, she suggested residents attend the City 51 Council meetings to express their ongoing concerns. 52 53 Mr. Bretoi stated that residents are perplexed that there has been minimal citizen input on this 54 matter. 55 56 Commissioner Vacha encouraged the residents to bring this issue to the attention of the City 57 Council through open mike. 58 59 Commissioner Storberg stated that Mr. Bretoi and any other residents in the area are welcome to 60 attend the next meeting of the Charter Commission. 61 62 John Freimuth appeared before the Charter Commission. He stated he is running for Mayor and 63 lives off Sunset Road. Mr. Freimuth stated under the current rules, residents are required to hook 64 up to city sewer and water if it is available; he indicated he is not certain that all residents in that 65 area want city sewer and water, and added the cost appears to be excessive. Mr. Freimuth 66 indicated he is opposed to any changes to the City Charter and expressed concern about the City 67 going forward without first obtaining citizen input. 68 69 Chair Duffy thanked Mr. Bretoi and Mr. Freimuth for their appearance at the meeting. 70 71 APPROVAL OF MINUTES — SEPTEMBER 6, 2007, AND OLD BUSINESS 72 73 Chair Duffy suggested the Commission move the approval of minutes and old business agenda 74 items to follow "New Business — Charter Attorney." 75 76 MOTION by Commissiner Dahl; seconded by Commissioner Zastrow, to approve moving 77 agenda items "Approval of Minutes" and "Old Business" to follow "New Business — Charter 78 Attorney." Motion carried unanimously. 79 80 NEW BUSINESS 81 82 A. Charter Attorney 83 84 Chair Duffy introduced Karen Marty, Marty Law Firm LLC. 85 86 Ms. Marty stated she had read the proposed Charter amendments and bullet points, as well as the 87 article regarding the Shenandoah neighborhood. She stated the existing Charter provides that any 2 Charter Commission October 11, 2007 Page 3 APPROVED 88 local improvement project is to be funded via assessment. She asked the Commission how it has 89 worked in the past to have a public vote on paying for improvements with taxes. 90 91 Commissioner Bening stated it has passed once and failed twice. He stated the same road has 92 failed twice. 93 94 Commissioner Carlson arrived at 7:15 p.m. 95 96 Ms. Marty stated the proposed Charter amendment includes changes to the way local assessments 97 are defined. She stated the current Charter reads the only time the City can assess a project is 98 when it is a public improvement with a local character. She indicated this language is missing 99 from the City Council draft and stated if the Commission wants the "local character" language, it 100 has to be added. 101 102 Commissioner Trehus requested a definition of "local character." 103 104 Ms. Marty stated the term creates ambiguity and does not have a standard definition. She 105 indicated it adds an extra concept and tells people that the idea is you are putting in 106 improvements that do something for Lino Lakes and not just for any other City or for traffic 107 passing through. 108 ,-N109 Chair Duffy stated the proposed amendment that the City Council has come up with does not 110 have the language it wants. 111 112 It was the consensus of the Commission to include the "local character" language in the proposed 113 amendment. 114 115 Ms. Marty requested input from the Commission regarding notification of property owners and 116 who should be notified. 117 118 Commissioner Dahl stated that property owners that abut the proposed improvement should be 119 notified. 120 121 Ms. Marty stated there is conflicting language in state law, the City Council draft, and the 122 proposed amendment regarding votes of property owners for assessments. She asked if the 123 Commission wants the ability to do area -wide assessments and stated the question comes down 124 to whether the assessed property owners are benefiting from the improvement. She added this is 125 an issue that needs to be addressed; state law requires that area assessments be imposed when an 126 improvement helps the entire neighborhood. 127 128 Commissioner Bening stated that currently, local residents pay a certain percentage, and the rest 129 is paid out of the City's general fund. 130 3 Charter Commission October 11, 2007 Page 4 APPROVED 131 Ms. Marty stated it is state law that the City can assess the amount your property value increases 132 due to the improvement; you only have to pay the amount your value went up. 133 134 Chair Duffy asked what the most common scenario is. 135 136 Ms. Marty replied the most common scenario is to assess the adjacent property owners and have 137 the whole tax base of the City pick up the rest. 138 139 Commissioner Trehus asked where the Charter excludes area assessments. 140 141 Ms. Marty stated there are conflicting references in the current Charter and proposed 142 amendments and stated it is important these be consistent throughout the document. 143 144 Commissioner Handrick stated she is opposed to area -wide assessments and that it should be left 145 to the City to pick up the rest out of the general fund. 146 147 Commissioner Trehus concurred. 148 149 Ms. Marty requested the Commission consider the language regarding area -wide assessments and 150 get back to her. Ms. Marty asked if it is the intent to restrict the vote regarding assessments to 151 allow one vote per parcel or per frontage. ,"'N 52 153 It was the concensus of the Commission to restrict voting to one vote per parcel and one name 154 per project (in the case of multiple lot owners). 155 156 Ms. Marty then addressed the items in the Commission's Bullet List. 157 158 Bullet #1: Ms. Marty agreed with the proposed changes in Bullet #1. 159 160 Bullet #2: Ms. Marty agreed with Bullet #2. 161 162 Bullet #3: Ms. Marty stated this requires 25% of the owners of the parcels; state law requires 163 35% of owners of the frontage. Discussion was held whether to raise the percentage consistent 164 with state law. 165 166 It was the consensus of the Commission to leave this provision as it currently reads (25%). 167 168 Commissioner Bening stated this provision begins "a neighborhood may initiate projects..." and 169 then talks about a petition for a feasibility study. He asked if the first sentence should include the 170 words "petition for feasibility study." Ms. Marty agreed to clarify this provision. 171 172 Bullet #4: Ms. Marty requested clarification of this bullet. 173 4 Charter Commission October 11, 2007 Page 5 APPROVED 174 Commissioner Trehus stated the City has not indicated what is involved in the project and 175 nothing is defined. The Commission has concerns about this and wants the City to define an 176 improvement project. 177 178 Ms. Marty stated a project would normally start with a proposal, then a feasibility study, 179 followed by City Council review and a determination if the project is feasible. At that point they 180 should know which trees are coming out, how wide the road will be, etc. She added that all plans 181 are available for public viewing. 182 183 Chair Duffy stated the Commission's concern is that the City has not previously made it clear to 184 residents how much a particular project will cost, etc. and residents are feeling they are not being 185 given adequte opportunity to provide input. 186 187 Commissioner Handrick left the Commission meeting at 8:00 p.m. 188 189 Bullet #5: It was the consensus of the Commission to send notices via certified mail. 190 191 Bullet #6: Ms. Marty agreed with this provision. 192 193 Bullet #7: Ms. Marty requested clarification of the word "affected" as it relates to affected 194 property owners blocking a project with a petition of 25% of the affected property owners. "'"N195 196 Chair Duffy stated it is important the Charter be consistent throughout with respect to this 197 provision. She added this provision relates to an objection of a proposed assessment and it does 198 not stop a proposed project. 199 200 It was the consensus of the Commission to leave the wording as currently proposed regarding a 201 petition. 202 203 Bullet #8: Commissioner Trehus stated the Charter currently has a referendum requirement; the 204 Commission proposes adding language to replace referendum with a "petition for" referendum 205 requiring a percentage of registered votes. The question is how many signatures would be 206 required on the petition. Chair Duffy added that currently, it automatically goes to a referendum. 207 208 It was the consensus of the Commission to continue to discuss this matter and provide feedback 209 to Ms. Marty. 210 211 Commissioner Aldentaler left the Commission meeting at 8:32 p.m. 212 213 Bullet #9: Ms. Marty requested the Commission provide her with the number of years it proposes 214 to include in the disallowance provision. 215 216 It was the consensus of the Commission to further deliberate this issue. 217 5 Charter Commission October 11, 2007 Page 6 APPROVED 218 Bullet #10: Ms. Marty requested clarification of the Commission's intent with respect to the 219 requirement that developers pay for new roads and/or utilities that benefit developers or future 220 developments. 221 222 Commissioner Carlson asked what would prevent the City Council from okaying a developer 223 coming in, and the developer asking the City to put the roads in. He questioned if there is 224 anything to stop this without a referendum. 225 226 Ms. Marty replied she has never seen a city that allowed this. 227 228 It was the consensus of the Commission to defer to Ms. Marty for proposed language. 229 230 Bullet #11: Ms. Marty stated that the proposed language in this provision (establishing an 231 equitable fee structure to be paid by developers to cover construction traffic damage to existing 232 roads and also make them pay for increased infrastructure demands caused by the developer) 233 results in "impact fees" and these fees are illegal in this state. Ms. Marty agreed to research this 234 issue further. 235 236 Bullet #12: Ms. Marty suggested the Commission not adopt a standard petition form to be used 237 by residents. Instead, she proposed having a sample form available to residents but not a 238 required form. \239 240 Additional Concerns: 241 242 Items A and B: Ms. Marty stated she is okay with the first part of this section with respect to 243 analyzing the council task force amendment to see what citzen rights would be lost. She 244 requested an explanation of the second sentence regarding whether this proposal if ratified 245 establishes a funding source (as per the city survey question). 246 247 Chair Duffy stated the impetus for change to the Charter centers around the City Council claim 248 that 60% of residents want to change the Charter. She stated the Commission wants to know if 249 the proposed amendments change the funding source. 250 251 Ms. Marty stated if the City wants to establish, for example, a "road maintenance" fund, with 252 1/10 of 1% of money going into this account, and when the account gets big enough, the City can 253 spend the monies without going to a referendum. 254 255 There was significant discussion regarding use of City funds and the need for Charter amendment 256 to get away from referendums. 257 258 Item C: Ms. Marty recommended against including a requirement in the Charter to seal coat 259 every "x" years, overlay every "x" years, or including a clause with respect to following the 260 City's Pavement Management Program. She stated this level of detail does not belong in a 261 Charter; rather, it belongs in an ordinance or resolution. 6 Charter Commission October 11, 2007 Page 7 APPROVED 262 263 Chair Duffy stated the City has recently approved a Pavement Management Plan which includes 264 a schedule for seal coating, etc. She asked if there is any recourse available if the Pavement 265 Management Plan is not followed. 266 267 Ms. Marty replied that language can be added that the City must maintain the roads according to 268 the Pavement Management Plan. 269 270 Commissioner Dahl stated she felt it is important to include language that the Charter 271 Commission can exercise its discretion with respect to this language. 272 273 Commissioner Carlson agreed with Ms. Marty that this language should not be included in the 274 Charter. Commissioner Bening and Commissioner Vacha concurred. 275 276 It was the consensus of the Commission to remove Item C. 277 278 Item D: Ms. Marty discussed language regarding the Charter Commission's standing to go after 279 the City Council if the City does not comply with the Charter. 280 281 Commissioner Dahl stated it is important that the City be held accountable. 282 /'N283 Commissioner Bening stated he felt this provision should include a voting requirement (for 284 example, a 4/5 majority). 285 286 Item E: Ms. Marty indicated she was in agreement with this section. 287 288 Further Discussion with Attorney 289 290 Chair Duffy stated the deadline for the Charter Commission's work is December 6. 291 292 The Commission requested Ms. Marty's proposed revisions by Thursday, October 25, 2007. 293 294 It was the consensus of the Commission to meet without Ms. Marty present in order to go over 295 her proposed revisions. 296 297 It was the consensus of the Commission to meet on Thursday, November 1, 2007, at 6:30 p.m., 298 to review Ms. Marty's proposed revisions. The Commission will then submit its comments to 299 Ms. Marty on or before November 9, 2007. 300 301 It was the consensus of the Commission to meet again on Thursday, November 15, 2007, at 6:30 302 p.m., and requested Ms. Marty be present at this meeting. 303 304 APPROVAL OF MINUTES — SEPTEMBER 6, 2007 305 7 Charter Commission October 11, 2007 Page 8 APPROVED 'Th06 Commissioner Trehus requested that line 106 on page 3 be amended to read as follows: 307 "Commissioner Trehus stated that if they reject or approve the proposal tonight the Council 308 could still put..." [adding the words "or approve" ]. 309 310 Commissioner Trehus requested line 131 on page 3 be amended to strike the word "continue" 311 and insert the word "begin" so that it reads as follows: "Bullet #4: Begin requiring notices via 312 certified mail." 313 314 Commissioner Trehus requested line 154 on page 4 be amended to strike the word "referendum" 315 and insert the words "bullet list" so that it reads as follows: "Bullet #13: Consensus of 316 Commission is to have this remain on the bullet list." 317 318 Commissioner Trehus requested line 156 on page 4 be amended to strike the words "in the 319 referendum" so that line 156 reads as follows: "or greater petition." 320 321 Commissioner Trehus requested lines 157 and 158 on page 4 be amended to strike the last 322 sentence. 323 324 Commissioner Trehus requested line 167 on page 4 be amended to strike the word "referendum" 325 and insert the words "bullet list" so that the sentence reads as follows: "Bullet #20: Leave in the 326 bullet list for discussion with the attorney." '"\327 328 Commissioner Dahl requested line 80 on page 2 be striken since it is redundant. 329 330 Commissioner Dahl requested line 114 and 115 on page 3 be amended to strike the sentence 331 "Commissioner Dahl questioned if the rest of the City will pay the neighborhood's taxes." 332 333 Commissioner Richard Williams requested line 182 and 183on page 5 be amended to read: 334 "Commissioner Richard Williams asked if it was worthwhile to list this in the newspaper at this 335 time." 336 337 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to approve the 338 September 6, 2007, Charter Commission meeting minutes, as amended. Motion carried 339 unanimously. 340 341 OLD BUSINESS 342 343 A. 2007 Charter Budget — Chair Duffy reported that she and Commissioner Dahl attended the 344 City Council work session on October 1st and discussed the Commission's request for money. 345 She stated the City Council approved the Commission's request for funding for legal fees in 346 the amount of $5,250. 347 348 Commissioner Storberg expressed the Commission's appreciation to Chair Duffy and 349 Commissioner Dahl for their work in hiring Ms. Marty. 8 Charter Commission October 11, 2007 Page 9 APPROVED 350 351 B. Commissioner Absences — Chair Duffy asked if any of the Commissioners has spoken to 352 Commissioner Montain. She stated she sent him an email and has not heard from him. She 353 added the last meeting attended by Commissioner Montain was in October 2006. MOTION 354 by Commissioner Bening, seconded by Commissioner Richard Williams, directing Chair 355 Duffy to send a certified letter to Commissioner Paul Montain informing him that unless the 356 Commission hears from him by October 31, 2007, the Commission intends to follow the 357 bylaws of the Charter regarding discharge of members. Motion carried unanimously. 358 359 C. On -Going Reports, Gordon Heitke, City Administrator — The Commission received the 360 quarterly update memo from Gordon Heitke. The Commission also received the updated 361 timeline for consideration of the Charter Amendment, which includes the December 6th 362 deadline. 363 364 NEW BUSINESS 365 366 Set November Meeting Date & Agenda 367 368 Chair Duffy stated the meeting dates for November (November 1 and 15) were set earlier. The 369 agenda at these meetings is the Charter amendments. 370 /--\371 ADJOURN 372 373 MOTION by Commissioner Zastrow, seconded by Commissioner Dahl, to adjourn the meeting at 374 10:05 p.m. Motion carried unanimously. 375 376 Respectfully submitted, 377 378 Barbara Hughes 379 TimeSaver Off Site Secretarial, Inc. 380 9