HomeMy WebLinkAbout10-11-2007 Minutes1
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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
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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
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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
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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
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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.
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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
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'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.
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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
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