Loading...
HomeMy WebLinkAbout07-25-2013 Charter PacketLINO LAKES CHARTER COMMISSION AGENDA 6:30 PM Thursday, July 25, 2013 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Setting the agenda 4. Open Mike / Public Comments 6:30 PM 5. Minutes: February 21, 2013 • ❖ Please understand, due to a death in Ms. Marty's immediate family she will be unable to attend the July meeting. 6. Old Business A. Commissioner Gunderson's report on Secretarial options for minute taking for all Charter meetings. B. Commissioner Gunderson's concern regarding the two meetings of October 11, 2012 and April 11, 2013 that had been postponed. C. Last year, the City Council proposed two housekeeping amendments seeking to bring dates and timing into compliance with the new State Statutes, Section 4.02. Filing for Office and Section 8.04, Subdivision 2 Council suggested adoption of this Charter amendment by ordinance. 7. New Business A. Consideration of forming a subcommittee for the evaluation and confirmation of city's public information regarding council's 2012 Charter amendment. B. Term Expirations 8. Next meeting date, Thursday, October 10, 2013 Christopher Lyden Chair Caroline Dahl Margaret Penn Vice Chair Secretary Julie Bartell 1)tSh.do7(2,S'L3 rp r ow (rvdtrot wta, , \ From: Julie Bartell ,-'.Sent: Wednesday, July 24, 2013 3:11 PM To: Chris Lyden (lillydogcute@lycos.com) Cc: 'Caroline Dahl' Subject: FW: Charter Commission Letter Attachments: 2013.CharterLetter-7.23.13x.docx; Chris Lyden April Letter.doc (July 25, 2013) Chris - I am forwarding two documents. Mayor Reinert and Council Member Stoesz request that these be given to all Charter Commissioners. Thank you. Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651-982-2406 651-982-2499 fax julie. barteWci.lino-lakes. mn. us i"\ 1 (April 22, 2013) Dear Mayor and Council, As you know, pursuant to a vote of the Commission, the Mayor and I had made arrangements for the special joint meeting between the City Council and the Charter Commission. Mayor Reinert and I agreed to hold the special joint meeting on April 11, 2013. In addition, four of the five members of Council were present at the February 21 Commission meeting, where it was stated no less than 6 times that the scheduled date of that special joint meeting would be held on April 11 (subsequently canceled due to weather). The meeting agenda had been verbally agreed to between the Mayor and I. However, Mayor Reinert brought a different agenda to the February 21 Commission meeting, and he asked the Commission to accept that agenda. The Commission reviewed his proposed agenda and found it unacceptable. The Commission formally voted to reject the Mayor's agenda and accept the agenda as I had presented it to the Mayor the previous day via e-mail. While it may seem a simple matter to schedule the special joint meeting utilizing the approved agenda, it turned out that this is not the case. When discussing the posting of the scheduled April 11 special joint meeting with the City Clerk earlier in the month, I was surprised when she informed that she could not post for a special joint meeting between the Council and the Commission because there had been no such direction from Council. She elaborated that a special meeting must be called for by either the Mayor or two Council members, and that this has not taken place. I assume she double-checked on this with the Mayor. This then leaves the status of a special joint meeting up in the air. We have an agenda formally approved and adopted by the Commission that was verbally approved by the Mayor, and we had what seemed to me to be intentions on both sides to hold the special joint meeting. I am proposing to the City Council to reschedule the special joint meeting from April 11, 2013 to May 16th or May 30th. If the Council confirms one of these two dates, then please immediately contact the City Clerk and inform her of who is calling for the special joint meeting so that Julie can then post the rescheduled special joint meeting. I will await confirmation of the special joint meeting from the City Clerk. If the preceding is an indication that Council wishes to opt out on the special joint meeting, that is of course your prerogative as City Council. As always, the Charter Commission is willing to honor formal requests from the City Council. FYI the next regular Charter Commission meeting is July 11, 2013 at 6:30 PM Best regards, Chair Lyden, Lino Lakes Charter Commission 7/23/13, To charter commission chair Chris Lyden and fellow charter commissioners, This letter is in response to the attached letter sent to the city council by Chris Lyden dated 4/22/13. The points made in the letter by Chris Lyden differ from the actual events and also differ from the will of the charter commission as confirmed with their vote at the meeting held on November 8th, 2012. Below is a recap of the vote that was recorded at the November 2012 charter commission meetings: • At the November 8 charter commission meeting, Commissioner Storberg made a motion and was passed by a majority of the attending members that the charter commission requests a meeting with the city council in regard to the city council's amendment that appeared on the ballot on November 6th, 2012. • Commissioner Storberg stated that since most of the residents of Lino Lakes voted in favor of the city councils amendment, obviously most residents feel that there is a need for a change to the city charter. Commissioner Storberg went on to suggest that if the two groups could agree to add some of the charter commissions original recommendations that were never forwarded to the city council for consideration, that maybe enough members of the city council and charter commission could agree to make some changes to the original council amendment. Each group could then have a chance to vote on the revised amendment with the hope of updating the charter by a vote from the two groups. • Also, the meeting agenda is to include discussion on this one item, the meeting is to take place on a neutral night and be facilitated by a neutral person approved by both groups. To date there has been no formal request by the charter commission to meet with the city council regarding Commissioner Storbergs motion. As soon as the charter commission requests a meeting that reflects the motioned by Commissioner Storberg as stated in this letter, please forward it to the city council. We then need only to select a date and a facilitator for the meeting. The city council will place this topic on a future meeting agenda for discussion pending action by the charter commission. Respectfully submitted, Jeff Reinert, Mayor Dale Stoesz, City Council Page 1 of 1 Julie Bartell From: Chris Lyden < went: Thursday, July 25, 2013 11:18 AM co: Julie Bartell Cc: Subject: Please forward response to Mayor and Stoez email dated July 24, 2013 Julie, Please forward to Mayor and Stoesz: (July 25, 2013) Mayor Reinert and Council Member Stoesz, I couldn't disgree more with both the premise and the content of the letter you've asked the City Clerk to forward to me. I find your attempts to blur the facts and redefine the commission's actual vote to be completely disrespectful and inappropriate. Your statement that "To date there has been no formal request by the charter commission to meet with the city council regarding Commissioner Storbergs motion" is a complete disresgard of the November 8 vote of the Commission. That vote reads as follows: "MOTION by Commissioner Storberg, seconded by Commissioner Gunderson, to have the entire Council and the entire Council meet together to discuss the provisions of Chapter 8. AMENDMENT offered by Commissioner Timm that there be a tight agenda agreed to the Mayor and the Commission Chair and that some procedural rules for discussion be defined." Working within these parameters, the Mayor and I did agree on a tight agenda and some procedural rules. However, on February 21 2013, the Mayor went before the Commission to renegotiate that agreement. The ''Commission voted to reject the Mayor's agenda and adopt the original agreed-upon agenda, which I had presented. As you know, on April 23, 2013 the Commission proposed two joint meeting dates, May 16 and May 30. An official response to an official invitation is a minimal expectation, but Council chose to ignore the invitation, failing not only to respond, but also failing to even discuss the matter. Three months have elapsed, and a joint meeting has never been on any City Council agenda. Your July 23 correspondence is merely a personal e-mail aimed at disguising Council's inaction, and the Charter commission will not be used by you to promote your personal agenda. What is taking place here is in fact an under the table solicitation to induce the Commission to initiate something on your terms. The Mayor stated on February 21 that "Council is not driving this," and it is now apparent that you seek to push the Commission into the driver's seat of your vehicle on your road aimed in the direction of your choosing. As always, the Charter Commission is willing to honor formal and proper requests from the City Council. However, even after three months, we haven't received such a request. Attempted misrepresentations such as these only serve to promote mistrust. It is not in the best interests of anyone, be it Council, Commission, or the residents, to be party to such inappropriateness. The Charter commission will not be party to this. To be clear, I will not legitimize your personal email by forwarding it through the office of the Chair to the Charter Commission. ,-NIt is my most sincere wish that the Mayor and Council abandon these kinds of practices and instead begin to deal with the Commission in good faith, rather than employing Chicago politics. I look forward to the day when you recognize that dealing in an open, honest, and fair manner is the only way to truly resolve any differences and/or arrive at the best outcome for all concerned. 1 Sincerely, Christopher Lyden, Chair Lino Lakes Charter Commission 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 �45 Charter Commission February 21, 2013 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMMISSION February 21, 2013 6:35 p.m. 8:35 p.m. Bartsch, Dahl, Gunderson, Helgemoe, Lyden, Penn, Storberg, Sutherland, Trehus, Turcotte, Williams Aldentaler, Timm Bretoi None Mayor Reinert; Council Members Rafferty and Stoesz Resident John Dehaven CALL TO ORDER AND ROLL CALL Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:35 pm on February 21, 2013. OPEN MIKE Mayor Reinert addressed the Commission regarding his discussion with Chair Lyden regarding the proposed joint meeting between the Commission and the City Council. He distributed a document that outlined an agenda for the discussion. He stated that the proposed attendance of the Commission's attorney at the joint session was not totally dismissed. He also indicated that the topic of having an outside resource (such as TimeSavers) provide secretarial services for commission meetings was discussed at a Council work session and that staff are looking at the costs involved. It is to be on the agenda for the next work session. At this point the reaction of the Council is "no hoorays and no no -ways". APPROVAL OF AGENDA An item to be 7A was added under New Business, Secretarial Services. MOTION by Commissioner Dahl, seconded by Commissioner Sutherland, to approve the agenda as amended. Motion passes unanimously. APPROVAL OF MINUTES MOTION by Commissioner Sutherland, seconded by Commissioner Turcotte to approve the minutes of November 8, as corrected. Motion passes unanimously UNFINISHED BUSINESS Karen Marty Attorney expenses incurred — no new information 1 Charter Commission February 21, 2013 Page 2 46 47 NEW BUSINESS 48 49 Secretarial Services. 50 Commissioner Gunderson reported that she could not find information about the continued 51 existence of Time Savers (the service used in the past). Her research led her to conclude that the 52 Commission would likely be contracting with an individual such as a legal secretary rather than a 53 service. Commissioner Gunderson indicated she would be willing to investigate the fees charged 54 for these services. Commissioner Sutherland said she has knowledge of secretarial resources as 55 does Commissioner Helgemoe whose wife has access to possible services. Commissioner 56 Trehus recommended reaching out to the former owner of Time Savers to determine if she could 57 provide referrals. 58 Mayor Reinert asked if the information about the fees could be forwarded to him so that he can 59 share them with the Council. 60 61 Shenandoah neighborhood 62 Chair Lyden indicated that a citizen had expressed concern about the condition of the roads in 63 their neighborhood. The citizen has written to the Council and has received no response. The 64 Chair proposes that the citizen be given a chance to have his concerns heard at a Commission 65 meeting. 66 Mayor Reinert commented that there is a comprehensive road maintenance plan and that it is 67 currently up-to-date and fully funded. However, he noted that the roads in the Shenandoah area 68 may be beyond repair and are likely to need re -building. After discussion among Commissioners 69 Chair Lyden indicated he would invite the citizen to attend a meeting. 70 71 Charter Commission's two amendments 72 Chair Lyden indicated that based on some information he had recently obtained the amendments 73 that had been proposed for the 2012 ballot were not unconstitutional as had been determined by 74 the City's Attorney. 75 MOTION by Commissioner Trehus, seconded by Commissioner Sutherland, that Chair Lyden 76 engage Attorney Karen Marty regarding the Commission's two amendments for clarification and 77 to develop wording as appropriate. Motion passed with 1 abstention. 78 During the discussion of the motion, Commissioner Bartsch raised questions about the attorney's 79 competence. Commissioner Sutherland requested that a discussion of current legal services be 80 added as an item on the agenda for the next Commission meeting. 81 82 Commissioner Sutherland departed at 7:40 p.m. 83 84 Meeting between the Mayor and the Chair. 85 Chair Lyden reported on his meeting with the Mayor, commenting that the Mayor indicates he is 86 open and receptive to getting together to discuss some of the contentious issues that have been 87 the source of past conflict between the Council and the Commission. Chair Lyden reported that 88 as noted by the Mayor in the Open Mic discussion, the Council is showing willingness to change 89 their perspective on some funding items such as secretarial services for the Commission 90 meetings. However, in commenting on the proposed agenda distributed by the Mayor at the 2 Charter Commission February 21, 2013 Page 3 91 beginning of the meeting, he said that what was being proposed by the Mayor did not align with 92 what they had discussed. 93 MOTION by Commissioner Trehus, seconded by Commissioner Turcotte, to deny the agenda as 94 proposed by the Mayor and to propose the one proposed by the Chair. 95 That agenda is as follows: After the Charter Commission is done with the vote, if it is voted 96 down and no Commissioner has anything to add to the Council's Charter amendment, the 97 amendment fails. Any further consideration by one or more Charter Commissioners will require 98 a formal request to the Charter Commission for reviewing the City Council's 2012 proposed 99 Charter amendment. This concludes the joint meeting between the City Council and the Charter 100 Commission. The purpose of the meeting is consideration of adoption by ordinance the Charter 101 amendment as proposed by the City Council to the voters in 2012. 102 103 After a brief break the meeting reconvened at 8:13 p.m. 104 Motion passes with 2 opposed. 105 ADJOURN 106 107 MOTION by Commissioner Bartsch, seconded by Commissioner Turcotte, to adjourn the 108 meeting at 8:35 pm. Motion carried unanimously. 109 110 111 112 Respectfully Submitted, L.13 114 Margaret (Marg) Penn 115 Commissioner and Secretary 3 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Jeff Karlson MEETING DATE: March 25, 2013 TOPIC: Approval of Charter Commission Expenses VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve Charter Commission expenditures for secretarial services. BACKGROUND During the March 4 work session, Charter Commissioner Kelly Gunderson presented a proposal from TimeSaver Secretarial, Inc. for transcribing Charter Commission meeting minutes. The City Council agreed that contracting with TimeSaver would expedite the posting of Charter minutes on the website. Mayor Reinert proposed authorizing expenditures for the secretarial service for two meetings, at an estimated cost of $500. Expenses for the secretarial service will be coded to a separate budget line item in the Charter Administration budget. Later in the year, Finance will prepare a budget amendment for Council authorization to transfer funds from the contingency fund to the Charter Administration budget. RECOMMENDATION Approve additional expenditures for the transcription of Charter Commission meeting minutes for two meetings with the stipulation that draft minutes be posted on the Charter website within 30 days of the meeting. ATTACHMENTS TimeSaver, Inc. Proposal TimeSaver Off Site Secretarial, Inc. • March 1, 2013 Carolyn Dahl Charter Commission Vice Chair City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear Ms. Dahl: Thank you for asking about our rates to transcribe City of Lino Lakes Charter Commission meeting minutes. I have reviewed the Charter's meeting minutes that are posted on the City's website and would like to submit the following proposal with the understanding that the highest rate will prevail: Base Rate: Base Rate of One Hundred Twenty Nine and 00/100 dollars ($129.00) for any meeting up to one (1) hour (billable time) plus Thirty -One and 95/100 dollars ($31.95) for each thirty (30) minutes following the first one (1) hours; or Unit Rate: Twenty -Eight and 00/100 dollars ($28.00) per hour for length of meeting, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one-half (1.5) hour minimum; and Twelve and 55/100 dollars ($12.55) for each page of draft minutes prepared from notes of the recording secretary. Web Discount: The City of Lino Lakes shall receive a Twenty and 00/100 dollar ($20.00) per meeting discount for minutes transcribed via DVD or the webstream broadcast. The above quoted rates are based on the assumption that the meeting minutes will be printed in Times New Roman, 12 point, one inch margins (average), with a three line header and a one -line footer/page number. The draft meeting minutes will be formatted in MSWord and submitted via e-mail for the review and correction by your staff for preparation of fmal meeting minutes. As you know, Lino Lakes is familiar with TimeSaver from its past contract to transcribe City Council, Planning Commission, and Charter Commission meeting minutes. Please feel free to call me at 612- 251-8999 if I can be of further assistance. I look forward to your response and the opportunity to once again work with Lino Lakes in this capacity. Sincerely, Carla Carla Wirth Owner 28601 Hub Drive o Madison Lake, MN 56063 # 612-251-8999 httick � COUNCIL MINUTES March 25, 2013 APPROVED 711,(2 -s -1t3 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : March 25, 2013 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:10 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; City Planner Katie Larsen; City Engineer Jason Wedel; Environmental Coordinator Marty 14 Asleson; Chief of Police John Swenson; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 James Langford, 7849 Main Street, thanked the council for their role in the recently approved trail 19 improvements in the area of his home. He also thanked the council for their good work in the area of 20 city budgeting. 21 22 SETTING THE AGENDA .�•., 23 24 The agenda was approved as presented. 25 26 CONSENT AGENDA 27 28 Council Member O'Donnell moved to approve the Consent Agenda, Items 1A through 1D, as 29 presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 35 March 25, 2013 (Check No. 95307 - 36 95378, $204,783.55) Approved 37 38 Centennial Fire District (Check No. 5720 - 39 5742, $23,835.67) Approved 40 41 March 4, 2013 Work Session Minutes Approved 42 43 March 11, 2013 Council Meeting Minutes Approved 44 45 Charter Commission Expenses for Secretarial Services Approved 1 COUNCIL MINUTES March 25, 2013 APPROVED 46 Council Member Roeser, regarding Item 1D (Charter Commission expenses) noted that he agrees 47 with the city paying for these services. He would like to ensure that the added expenses are clearly 48 shown as an increase in their budget. 49 50 Mayor Reinert explained that the council has concurred that the city will pay for minute services for 51 two meetings of the commission and that the cost for that will be in addition to the $1,500 that the 52 commission receives annually. 53 54 FINANCE DEPARTMENT REPORT 55 56 There was no report from the Finance Department. 57 58 ADMINISTRATION DEPARTMENT REPORT 59 60 3A) Two -Year Labor Agreement with IUOE Local 49 — Administrator Karlson reviewed the 61 terms of the agreement, noting that those terms are identical to what the police officers received for 62 the same period. Wages would increase by one percent for 2012 and one and half percent for 2013. It 63 includes a Memorandum of Understanding regarding implementation of a voluntary Personal Time 64 Off (PTO) program. Council Member Roeser noted that retroactive pay caused by the union's slow 65 negotiation process reduces the value of those funds to employees (through inflation). 66 67 Council Member O'Donnell moved to approve the agreement as presented. Council Member 68 Rafferty seconded the motion. Motion carried on a voice vote; Council Member Roeser voted "no". 69 70 PUBLIC SAFETY DEPARTMENT REPORT 71 72 There was no report from the Public Safety Department. 73 74 PUBLIC SERVICES DEPARTMENT REPORT 75 76 There was no report from the Public Services Department. 77 78 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 79 80 6A) Resolution No. 13-36, Execution of Anoka County Agreement for 2013 Residential 81 Recycling Program — Environmental Coordinator Asleson explained that each year the city runs its 82 recycling program through this County program. It allows for reimbursement of costs for certain 83 elements of the program. The total amount requested for reimbursement in 2013 is approximately 84 $74,000. Council Member Roeser complimented staff for doing a good job in improving the 85 recycling program. Mr. Roeser asked if the city is participating in any water conservation efforts and 86 Mr. Asleson noted a well -head protection group that meets regularly. 87 88 Council Member Roeser moved to approve Resolution No. 13-36 as presented. Council Member 89 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 90 2 MARTY LAW FIRM, LLC 3800 American Blvd. W. Suite 1500 Bloomington. MN 55431 May 24, 2013 Chris Lyden, Chair Lino Lakes Charter Commission 600 Town Center Pkwy Lino Lakes, 55014 Dear Chris: Telephone: 952-921-5859 e-mail: kmarty@martylawfirm.com Fax: 651-294-1026 Per your request, I have looked at the two Charter amendments proposed by the city council. Both amendments seek to bring dates and timing into compliance with state law, and make a minimum of changes to the Charter. Based on past discussions with you and other Charter Commission members, 1 have made a few changes to the proposed language. The revised language is attached in two versions. The first version shows the changes to the present Charter, and explains the changes. The second version shows how the paragraphs would read if the amendments passed. I also have attached a set of the changes without explanatory text. Under Minn. Stat. § 410.12, subd. 7, the Charter Commission may recommend a Charter amendment to the city council, which may then enact it by ordinance. The city council must publish a notice of a public hearing on the proposed amendment within a month of receiving the Charter Commission's recommendation, must hold the public hearing between two weeks and a month after publication of the notice, and must vote on the proposed amendment within one month of the public hearing. If approved by all city council members, it would become effective 90 days after passage and publication (or later, if a later date is chosen), and if not stopped by a petition seeking a referendum on the amendment. Please let me know if you have further questions or concems. Sincerely, MARTY I.AW FIRM, LLC Karen E. Marty Attorney at Law Proposed changes to the Charter Amendment to Section 4.02 Comments: The dates in the existing Charter Section 4.02 match those in state law for many elections. (Minn. Stat. § 205.13) The legislature is forever changing state law, though, and some of the new requirements apply to charter cities and some do not. Tying the Charter language to state law would standardize the dates, without further need to amend the Charter. The language proposed by the city council is fine. If the Charter Commission wishes to further clarify the Charter, it may propose the language below instead. The language below eliminates potential arguments about which filing period applies. Proposed language: Section 4.02. Filing for Office. No earr thali swciity (70) days a,id slut laic, Cu fifty six (5G) days bBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his/her name placed on the municipal election ballot. The filing period shall be as established by Minnesota state law for statutory cities. Amendment to Section 8.04, Subdivision 2 Comments: Again, the language proposed by the city council is fine. However, in speaking with Charter Commission members, I recall that the intent was to have the special assessment issue on the next general election ballot. If there was not going to be a general election within a reasonably short period of time, then a special election would be called. General elections are preferred, because the city's share of the election costs is lower, and because general elections tend to have a higher voter turnout than special elections. The language below clarifies that the matter should be submitted at the next general election. Only if no general election is expected, should a special election be called. Proposed language: 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 withiu ode 1 t idicd .. _, submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled .. - . . • .. . .. .. . . .. .. . .. .. ..1 peg ie d to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit bywhiclr said improvement and its associated assessment formula to the City's voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Proposed changes to the Charter Amendment to Section 4.02 Section 4.02. Filing for Office. : • • • thc,s lift �;� (56) days LBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his/her name placed on the municipal election ballot. The filing period shall be as established by Minnesota state law for statutory cities. • . 1 Amendment to Section 8.04, Subdivision 2 .•1 • Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100°/x) 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 ,aithi,t c,n 4mndred submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled .. ' period to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit brwhich said improvement and its associated assessment formula to the City's voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. : or. • • 1 • • • • 1 • 1 • •I • • "Clean" copy of the language as proposed Amendment to Section 4.02 Section 4.02. Filing for Office. Before any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his/her name placed on the municipal election ballot. The filing period shall be as established by Minnesota state law for statutory cities. Amendment to Section 8.04, Subdivision 2 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 submit the proposed local improvement and its assessment formula to the voters of the City at the next general election. If no general election is scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall schedule a special election as soon as practicable to submit said improvement and its associated assessment formula to the City's voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Referral to the Lino Lakes Charter Commission Agenda Item _ STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: July 14, 2011 TOPIC: Charter Amendments Relating to Elections BACKGROUND The city council received' the attached staff report at their work session on May 2, 2011. The report outlines two areas of the city charter that contain schedules related to elections and that are impacted by recently enacted federal and state law changes to the elections schedule. The council respectfully requests that the Lino Lakes Charter Commission review the amendments and consider a recommendation to adopt the amendments by ordinance (under the provisions of State Statute 410.12, Subdivision 7). ATTACHMENTS Proposed Ordinances amending the City Charter Minnesota Statutes, Section 410.12, Subdivision 7 WS — Item 10 WORK SESSION STAFF REPORT ti.. Work Session Item #10 Date: May 2, 2011 To: City Council From: Julie Bartell, City Clerk Jean Viger, Deputy City Clerk Re: Charter Amendments relating to Elections Background The United States Congress adopted legislation in 2009 requiring a period of 45 days for absentee ballot voting to allow the time necessary for military and overseas voting. As a result the Minnesota State Legislature adopted and the governor signed into law legislation that adjusts state election law to accommodate the extended absentee balloting period and other election administrative changes. These law changes have an impact on the city's election calendar including when the city can receive filings for office and, in the case of special improvement consideration, how long the city has to submit questions to Anoka County for inclusion on the ballot. Since the City of Lino Lakes election regulations are included in the city charter, staff is presenting the following suggestions for amendments to the charter to concur with state and federal level changes. 1. Filing for Office. With the change in the absentee voting period, the filing period reflected in Charter Section 4.02 is no longer appropriate. The filing period must occur at least soon enough to allow the city to meet the deadline for getting names on the ballot. The following changes to the City Charter would bring the city into conformance with state law. Section 4.02. Filing for Office. No carlicr than seventy (70) da}.'s and not latcr than fixty six (56) days bBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state lciw, have his/her name placed on the municipal election ballot. The fling period shall be as established by Minnesota State lair. (Amended 1/25/88) (Amended 05/27/2003) 2. Special Improvements. The Lino Lakes City Charter contains provisions relative to public improvements and special assessments (Chapter 8). Language within that section of the charter is also impacted by the above -referenced election law changes. Under current charter language, there would not be sufficient time to meet the deadline for submission of ballot language and meet the charter requirements of: a) a public hearing; b) the passing of 60 days before further action; and c) submission to the voters within 120 days of the public hearing. In order to allow sufficient time to satisfy both the Charter requirements and the ballot notice requirements, it is suggested that the 120 day period be increased to 160 days. Also the city attorney has pointed out that the language in this section is not clear in dictating when a special election must be held (if a general election isn't already scheduled within the 120 or 160 day period) and that state law wouldn't allow the city to hold a special election in the 19 weeks before a state primary election nor within 40 days after a state general election. The language proposed would also clarify those points. The following are the proposed changes to Section 8.04 of the Charter: 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 sixty (120) 160 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 general election is scheduled during such one hundred twenty sixty 120). (160) day period, the Council shall schedule a special election within said period unless otherwise prohibited by law, in which event the special election shall be held as soon as reasonably practicable. 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 associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed Charter Amendment Procedure. The charter amendment process is governed by state statute, which provides more than one method by which a home rule charter can be amended: Petition — a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; Amendment proposed by the council — the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (with a post approval waiting period of 90 days). Requested Council Direction It is requested that the council confirm that these amendments should be forwarded to the Lino Lakes Charter Commission for their review. The next regular Charter Commission meeting is scheduled for July 14, 2011. CITY COUNCIL WORK SESSION May 2, 2011 APPROVED 179 The council concurred to accept the report and request that the Planning and Zoning 180 Board pay particular attention to zoning as they review the zoning ordinances that could 181 helpful in light of improving the underuse of properties. The council recommended that 182 the report be available for strategic planning. Staff should return for more discussion on 183 options that move ahead with the recommendations. 184 185 7. On -Street Parking Regulations — Community Development Director Grochala 186 explained that he is responding to a resident's concern about a dump truck parking on a 187 residential street. At this time the city doesn't have any regulations on street parking that 188 would deal with this type of issue. Is the council interested in developing more 189 restrictions? 190 191 A council member noted that it can become a safety issue (due to blocking the street) and 192 it seems as if some other cities are dealing with the problem. The Police Chief said he 193 checked the location and doesn't feel the street is too narrow for emergency vehicles; he 194 wonders if a restriction on commercial vehicles may be more appropriate. Mr. Grochala 195 suggested that "commercial vehicles" may be too general; discussions with the city 196 attorney came back to size limitations. Staff will review options and report back. 197 198 8. Anoka County Fiber Project - Administrator Karlson noted that the council 199 requested additional information on this recently discussed county wide fiber connectivity 200 project. The council is receiving a chart comparing our current provider with the services 201 proposed through the new project. 202 203 9. Candidate Website Links — City Clerk Bartell noted that the council recently 204 discussed the subject of voter information and it was suggested that staff review the 205 possibility of placing candidate web site links on the city's web site for local elections. 206 The council is receiving some examples of what other cities are doing in this area and 207 staff is seeking council direction on what policy this city would like to follow in the area. 208 209 Council members concurred that they would like to provide web site links for the coming 210 elections; staff will work further on a policy to guide the web use, including a disclaimer 211 for content, and such elements as timing. 212 213 10. Charter Amendments relating to Elections — City Clerk Bartell noted recent 214 changes in the election calendar (state and federal) and staffs effort to review this city's 215 election regulations to ensure they are appropriate within the new schedule. Since the city 216 charter contains election provisions, it was reviewed and staff did identify a couple of 217 areas where changes are recommended. A calendar was distributed and Clerk Bartell 218 explained that a key date is when the city must submit its ballot language to the county 219 for ballot printing. Based on the current charter provisions, the period designed for 220 candidate filing would extend past that date of ballot submission to the county. Therefore 221 staff is recommending a change that simply indicates that the city will follow state law for 222 the filing period, thus covering any future changes also. Community Development 223 Director Grochala noted that City Charter Chapter 8 also has a timeline that is 5 CITY COUNCIL WORK SESSION May 2, 2011 APPROVED 224 problematic with the ballot submission date moved up. The city attorney has 225 recommended language to address the change and also to clarify special election 226 references. 227 228 Ms. Bartell explained that the Charter Commission's regular meeting is coming up in July 229 and staff would like to present the proposed amendments to the commission. With a 230 positive recommendation from the Charter Commission, the amendments could be 231 approved with a unanimous affirmative vote of the council. The council concurred that 232 staff would forward the amendments to the commission. 233 234 11. Weekly Progress Report — There were no questions on the update as presented. 235 Staff will update the report to include the matter of the lease of the city facilities to the 236 school district (early childhood center). 237 238 Regular Council Agenda — There were no changes indicated to the council agenda as 239 presented. Administrator Karison noted that he will be meeting with Washington and 240 Anoka County officials relative to the outstanding valuation question that will be 241 discussed at the continued Board of Appeal meeting before the regular council meeting. 242 243 The meeting was adjourned at 10:15 p.m. 244 245 These minutes were considered, corrected and approved at the regular Council meeting held on 246 May 23, 2011. 247 248 249 250 251 Julianne Bartell, City Clerk Jeff Reinert, Mayor 252 6 COMPARISON CHART Provision: Existing Charter Charter Amendment Proposed by City Council Automatic citywide Referendum vote by the public required to authorize spending on improvement projects that affect citywide property taxes: Yes. The Charter gives voters decision power over City spending on costly assessable street projects. No. Rather, this protection only occurs in limited cases upon submission of a "timely" petition signed by 12% of "votes cast." * Neighborhood Vote, where a majority of residents to be assessed can turn down a proposed public improvement project: Yes. Our city Charter irrefutably gives homeowners decision power on costly assessable street projects. Not quite. City Hall can cancel the neighborhood vote by simply declining to name specific streets in the notice, or by omitting the notice. Neighborhood vote allowed on projects not including streets, i.e. utilities, sidewalks, etc. Yes. No. Area -wide vote allowed for owners subject to area -wide assessments for non -abutting properties: Yes. A common practice in other cities, the Charter protects all property owners regarding this type of taxation No. This proposal opens the door to area -wide assessments in Lino Lakes with no taxpayer protection. Requirement that a majority of affected owners file written objections prior to or at the public hearing: No. Yes. This is the initial meeting, yet if the majority does not vote no at this time, an unwanted project can no longer be rejected by the affected owners. 60 day voting period after the Public Hearing for affected owners to consider the proposal, ask questions, discuss with spouses, neighbors, etc. and vote: Yes. No. See above. Total time provided for affected owners to consider the improvement proposal and costs involved: 74 days. 0 days. Requirement that a majority of affected owners FILE A SECOND WRITTEN OBJECTION (2°d neighborhood vote) if a project is unwanted: No. Yes. If and only if 51% of the affected owners object at the Public Hearing, that objection is not final, but induces a "Special meeting" 45 days later. Mailed notification to affected owners that includes the estimated amount to be assessed to each affected property, and the estimated total price of the project: Yom* No. These all-important dollar amounts need not be disclosed until the Public Hearing (when the objection is due). Provision that failure to provide notice or a defect in the notice does not invalidate the proceedings Yes, but affected owners have a 60 -day voting period following the Public Hearing in which a failure in the notice can be remedied. Yes, but there is no 60 -day period, and the written majority objection is due at the Public Hearing or objection rights expire. * The threshold for citywide citizen petitions for other matters is commonly set at 5% of the registered voters. This 12% requirement is not only unusually high, the amendment wording is legally troubling and may result in misunderstandings and costly litigation. Proposed Charter Amendment Learn why your city council is proposing a change to your city charter Visit www.ci.l.ino--lakes.mn.us for additional information PRSRT STD U.S. POSTAGE PAID PERMIT NO. 32324 TWIN CITIES, MN The city of Lino Lakes is a home rule charter city. A charter is a municipal corporation's organizational plan or framework that is similar to a constitution. It is formulated by a municipality itself and is adopted by popular vote of the citizenry. The Lino Lakes city charter was adopted in 1983. What is the change the city council is proposing? The city council is proposing a change to chapter 8 of the city charter which outlines the process for approval of public improvements. The amendment would expand public involvement when an improvement such as local road reconstruction is proposed, while changing the process for a city-wide referendum if the city is using special assessments plus general fund dollars for the improvement. Most cities fund public improvements with this combination of dollars, but Lino Lakes is the only city in Minnesota that requires a referendum on special assessments. This amendment will allow the city to undertake public improvements generally using the procedures in state law, but continue to provide additional protections for residents above and beyond state law. BALLOT QUESTION Shallp chapter 8 ofcity of Lino Lakes charter be amended as described below? Chapter 8 is amended to provide that the city may undertake public improvements financed in whole or in part with special assessments generally using the procedures in state taw, except that: la) if more than 50% of the property owners abutting the named streets il{he im rloveobjection, ment after the secondhold meeting secondCmore than meeting to take additional testimony; (b1 if the council ordersP stop the improvement by filing objections within 30 days after the city council 50% of the affected owners may Pd valorem taxes, ovement action; and lc) if the cost of any improvement is to be paid in part from red voters equal to et leashe Ptr12 percent is subject to city-wide referendum if a timely petition is filed by reg of the votes cast in the last general municipal election.nstead chapter 8 as amended pplies th oughout theoc city. where state taw special assessment rules apply, Why is the city council proposing this change? When the city charter was adopted in 1983, most of the local streets in Lino Lakes were relatively new. Since then, some local streets have reached a point where normal periodic maintenance has lost its effectiveness, and restoration is necessary. Since 1997, the city has held four referendums to reconstruct certain aging local roads. Three have failed. If a referendum fails, the road cannot be reconstructed. The city council recognizes that streets are a major asset to a city and that it's every city's responsibility to keep streets safe and in good condition. A systematic pavement management program is the most cost- effective and efficient way to maintain our city streets. Will this amendment take away my right to stop a road reconstruction project that I don't want? No. A YES vote will amend the city charter A NO vote wilt leave the city charter unchanged PUBLIC IMPROVEMENT PROCESS Either neighborhood petitions for, or city council proposes, a public improvement A public hearing is held Neighborhood has 60 days to petition for or against it CURRENT CHARTER PROCESS 51% of the neighborhood petitions against it Project is stopped 51% of neighborhood petitions for it Charter requires a city-wide referendum for the project to proceed Will the passing of this amendment to the charter raise my property taxes? No. Passing the amendment will not increase taxes, however, in the future, rebuilding streets could impact property taxes. If voters do not pass this amendment and referendums continue to fail, over the years, streets eventually will have to be rebuilt anyway. In that case, a combination of special assessments and property taxes can't be used and the city would likely have to rely solely on funds from the general tax levy. Your taxes could potentially be even higher because benefitting property owners will not be assessed and the cost of the project could be directly apportioned to all. Lino Lakes residents. PROPOSED CHARTER PROCESS 51% of the neighborhood petitions against it Second hearing is held to take additional testimony Neighborhood has an additional 30 days to stop the project by petition 51% of neighborhood petitions for it Project can proceed unless a requisite number of registered city voters petition for a city-wide referendum within 30 days More background information is available at www.ci.lino-lakes.mn.us Cable channel 16 will broadcast information about the proposed amendment at noon and 7 p.m. Tuesday through Saturday during October If you have questions call community developr- 't director Mike Grochala at 651-982-2427 or email michaeLgrochala@ci.lino-lakes.mn.us`, Why is the city council proposing this change? When the city charter was adopted in 1983, most of the local streets in Lino Lakes were relatively new. Since then, some local streets have reached a point where normal periodic maintenance has Lost its effectiveness, and restoration is necessary. Since 1997, the city has held four referendums to reconstruct certain aging local roads. Three have failed. If a referendum fails, the road cannot be reconstructed. The city council recognizes that streets are a major asset to a city and that it's every city's responsibility to keep streets safe and in good condition. A systematic pavement management program is the most cost- effective and efficient way to maintain our city streets. Will this amendment take away my right to stop a road reconstruction project that I don't want? No. A YES vote will amend the city charter A NO vote will leave the city charter unchanged PUBLIC IMPROVEMENT PROCESS Either neighborhood petitions for, or city council proposes, a public improvement A public hearing is held Neighborhood has 60 days to petition for or against it CURRENT CHARTER PROCESS 51% of the neighborhood petitions against it Project is stopped 51% of neighborhood petitions for it Charter requires a city-wide referendum for the project to proceed Will the passing of this amendment to the charter raise my property taxes? No. Passing the amendment will not increase taxes, however, in the future, rebuilding streets could impact property taxes. If voters do not pass this amendment and referendums continue to fail, over the years, streets eventually will have to be rebuilt anyway. In that case, a combination of special assessments and property taxes can't be used and the city would likely have to rely solely on funds from the general tax levy. Your taxes could potentially be even higher because benefitting property owners will not be assessed and the cost of the project could be directly apportioned to all Lino Lakes residents. PROPOSED CHARTER PROCESS 51% of the neighborhood petitions against it Second hearing is held to take additional testimony reiy� �borhood has an additional 30 days to stop the project by petition 51% of neighborhood petitions for it Project can proceed unless a requisite number of registered city voters petition for a city-wide referendum within 30 days More background information is available at www.ci.lino-lakes.mn.us Cable channel 16 will broadcast information about the proposed amendment et noon and 7 p.m. Tuesday through Saturday during October If you have questions call community developrrn' n director- Mike Grochala at 651-982-2427 or email michael.grochalaCpci.lino-takes.mn.us CHAPTER VIII. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01. Power to Make Improvements and Levy Assessments. The City may make any type of public improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. Section 8.02. Effective Charter Provisions, Except as Provided in Section 8.07. Local improvements (the term "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provisions of this Charter. (Amended 11/23/93, Ordinance No. 93-19) Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred twenty (120) days after this Charter goes into effect and before local improvements can be acted upon, the Council shall enact suitable ordinance(s) governing local improvements and special assessments. The ordinance(s) shall provide a complete working code covering the determination of assessments and assessment districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of said assessments, and the certifying of unpaid assessments for collection by the proper County officer. Said ordinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments. After the adoption of such ordinance(s) providing for local improvements, all procedures in compliance therewith shall conform to the regulations as set forth in such ordinance(s) and as otherwise contained in this Charter. Section 8.04. Special Assessment Procedure. (Amended) Subdivision 1. All improvements to be paid for by special assessments against the benefitted property shall be instituted by either, (1) a petition of at least twenty-five percent (25%) in number of the benefitted property owners (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature.) together with a resolution adopted by an affirmative vote of the majority of all of the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council. The Council resolution shall state the nature and scope of proposed improvement including the number of benefitted property owners, and shall 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 includine 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 associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. (Amended) Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of the proposed improvement contains all of the evidence on which the Council shall base their decision, the Council may by resolution, at any time between sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the improvement. If after bids are received on the project the proposed contract exceeds the estimated cost of the eneineer stated at the public hearing held under Subdivision 1 by more than ten (10%) percent. the City Council may not award the contract for the Proposed improvement. but may rebid the protect for one (l) time only. (Amended) Subdivision 4. When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one (1) year after the public hearing on said improvement. Section 8.05. Assessments for Services. The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property may be assessed against property benefitted and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section 8.03 of this chapter. Section 8.06. When under the provisions of section 8.04, Subdivision 1, an improvement is petitioned for by one hundred (100%) percent of the benefitted property owners, such property owners may after the mailing of notice of a public hearing, petition to waive fifty (50) of the sixty (60) days waiting period. After such petition, the City Council may immediately order the proposed project. (Amended) Section 8.07. Local Improvement; Special Provisions. Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City described in Subdivision 2, the construction of local improvements, the levy of special assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described as follows: 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 I35E 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 1149 (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 quarter (1/4) of Section 17 lying west of the Anoka County Park property The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4) of Section 8 The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 Subdivision 3. When construction of local improvements, the levy of special assessments for the financing of those improvements specially benefit a parcel of real property, in an area described in subdivision 2, on which a single family, owner occupied residential unit existed on September 30, 1993, the owner/occupant of such residential unit may file a petition with the City Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall be filed with the City at or before the first public hearing to be held on the project. After the filing of such petition the City may not specially assess such owner's property for the improvements constructed unless the owner, at his/her option, in the future elects to connect to or use the improvements constructed by the City. Any notice of hearing mailed to such single family, owner occupied units shall include notice of the property owner's right to object to the assessments as granted in this paragraph. This exception terminates on the first day that an owner occupied residential unit no longer exists on the parcel of real property. (Section 8.07 Added November 22, 1993, Ordinance No. 93 - 19) CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 6, 2012 INSTRUCTIONS TO VO I ERS: To vote for a question, fill in the oval next to t _'e word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT Shall Chapter 8 of the City of Lino Lakes charter be amended as described below? Chapter 8 is .amended to provide that the City may undertake public improvements financed in whole or in part with special assessments generally using the procedures in state law, except that: (a) if more than 50% of the property owners abutting the named streets file a timely objection, the City must hold a second meeting to take additional testimony; (b) if the Council orders the improvement after the second meeting, more than 50% of the affected owners may stop the improvement by filing objections within 30 days after the City Council action; and (c) if the cost of any improvement is to be paid in part from ad valorem taxes, the improvement is subject to city-wide referendum if a timely petition is filed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election. The amendment also eliminates three special zones where State law special assessment rules apply; instead Chapter 8 as amended applies throughout the City. YES CD NO Frequently Asked Questions What are public improvements? Public improvements can include construction of new roads and utilities (sewer and water) and construction of curbs, gutters, and sidewalks. Public improvements also include major maintenance programs in existing neighborhoods when areas age and the infrastructure such as streets, sidewalks, sewers and similar public facilities need updating. What are special assessments? Special assessments are an additional tax levied on private property for public improvements that enhance the value of the property. The use of special assessments is an equitable means to finance the improvements while minimizing the demand on the City's property tax levy and statutory debt limitations. Special assessments are even more applicable if new improvements such as sanitary sewer or water are installed. Through special assessments these utility costs are borne solely by the benefited property and not by the community at large. Special Assessments are typically payable over a period of years. The city's current policy provides for special assessments to be collected with your property taxes over a 15 year period. For a complete guide to special assessments go to this link: htto://www.linolakes. aovoffice2.com/vertical/Sites/%78A2338B09-8316-4E17-A27A- C25E01027DA7%70/uploads/Special Assessment Guide.pdf What are the procedures for paving for public improvements under Minnesota State Law? There are laws that apply to all Minnesota cities when it comes to special assessments. Minnesota Statutes Chapter 429 gives cities authority to levy special assessments. Most cities follow the process outlined in state law. Some cities use a combination of special assessments and taxes to pay for public improvements, while some cities pay for them entirely through taxes. See Minnesota Statute 429 regarding City's authority to specially assess at: http://www.linolakes.aovoffce2.com/vertical/Sites/%78A2338809-8316-4E17 A27A- C25E01027DA7%7D/uploads/429. pdf How are public improvements paid for in Lino Lakes? New local roads and utilities are paid for by the developer at the time a subdivision is built, and the cost is passed on to the buyer of a lot or home in that subdivision. Reconstruction of aging roads is the City's responsibility. In Lino Lakes, the City Charter supplements state law with additional procedures that include a general referendum if using a combination of special assessments and general fund dollars to fund improvements. According to an analysis by the League of Minnesota Cities, only Lino Lakes has a charter provision that requires a referendum on special assessments. The city has held four referendums to reconstruct certain aging local roads. Three have failed. If a referendum fails, the road cannot be reconstructed. For the complete City Charter go to the link below. Chapter 8 deals with the approval process for public improvements. htto://www.linalakes.aovoffice2.com/vertical/sites/%7BA2338809-8316-4E17 A27A- C25E01027DA7%7D/uoloads/%788A043C80-9FDC-422DA27E-2786074C2DFE%7D.FDF What will this amendment change? This amendment will change the language in Chapter 8 of the City Charter referring to public improvements so that a city-wide referendum will no longer be automatically required if the City is using special assessments plus general fund dollars to fund a public improvement. It will allow the City to undertake public improvements generally using the procedures in state law, but the proposed amendment continues to provide additional protections for residents above and beyond state law. Will residents who will be specially assessed lose their right to protest? No. Under the current Charter, the City Council holds a public hearing on a proposed road reconstruction, and then affected residents have a 60 -day window to petition against the project. Under the proposed process, the City Council holds a public hearing, and if more than 50% of the affected residents oppose it, there is a second public hearing to take additional testimony. At this point the project could be modified or the project would be stopped if more than 50% of those residents still oppose it and petition against it within 30 days. This gives affected residents more input into the process and more opportunity to understand and adjust the scope and cost of the project if they desire. Will the other residents of the City lose their right to oppose a public improvement proiect? No. If the benefitting residents want the project to move forward, there is still an opportunity for a city- wide referendum, if property taxes are being used to pay for any part of the project. City residents will have the opportunity to petition for it to be placed on the ballot for a city-wide vote if they file a timely petition. This petition requires signatures of registered voters equal to at least 12 percent of the votes cast in the last general municipal election. Based on the 2011 local election, that would amount to 518 signatures to require a vote on a reconstruction project. Will voting for this amendment affect my property taxes? No. If this amendment to Section 8 of the City Charter is approved by the voters, it will not raise property taxes because there are not currently any road reconstruction projects being proposed. Your property taxes could see an increase if the following events occur: • The proposed amendment passes; and • A future road reconstruction project is proposed; and • The majority of residents in the impacted neighborhood want the project; and • The City does not receive a citizen petition against it; and • The project is built What is the difference between road maintenance and road reconstruction? Maintenance consists of either overlaying or sealcoating. Overlaying is a maintenance activity that includes patching of the existing street, milling the pavement adjacent to the curb, followed by the placement of a bituminous wearing course over the entire surface. Seal coating is a maintenance activity that places a thin layer of oil and rock on the street to enhance the surface and prolong the useful life of the street. These activities have been routinely performed by the City as part of its pavement management program. These projects are funded each year through the property tax levy as part of the City's annual budget. This method is useful for smaller projects where the cost of the improvement has a negligible effect on property tax rates and where improvements have a shorter term benefit. Lino Lakes budgeted $467,250 in 2012 for road maintenance projects. Selection of streets for these maintenance activities are determined by the City's Pavement Management Ratings called the Overall Condition Index (OCI). AH streets within the City are routinely rated. Streets rated 70 -100 are in the adequate category. These streets are considered for sealcoating. Streets rated 40 to 70 are in the marginal category. These streets are considered for overlays as well as sealcoats based on their ratings and available funding. Streets rated in the 0 to 40 range typically need substantial subgrade corrections and require reconstruction. In this case, an overlay or "lift" on a street in this category would quickly return to its present problem condition. Because of the substantial cost involved these projects are typically funded through the issuance of bonds that spread the payments out over a longer period of time. The bonds are repaid through a combination of special assessments to benefited property and property tax levy. How many roads in Lino Lakes need reconstruction? Lino Lakes has approximately 95 miles of paved local streets and approximately 17 miles are in need of reconstruction. Whv do we need to change the City Charter instead of maintaining streets as the City has done in the past? The City Council recognizes that streets are a major asset to a city and that it's every city's responsibility to keep streets safe and in good condition. Street conditions reach a point where normal periodic maintenance loses its effectiveness, and restoration becomes necessary. A systematic pavement management program is the most cost effective and efficient way to maintain our city's streets. It also provides more predictability for residents, spreads costs out over a period of years, and reduces ongoing maintenance costs. If streets are in need of reconstruction. why have there only been four referendums since the Charter was adopted in 1983? In 1983, most of the streets in Lino Lakes were much newer and were riot in need of reconstruction. As streets continued to age, the City completed a pavement management study in 1996 to look at the future needs of the City. The first referendum passed in 1997. Since then, referendums in 2003, 2005 and 2007 have failed. The City Council believes that waiting until even more roads become critically in need of reconstruction will be more costly to residents in the long run. Why can't the City just maintain roads so they don't need to be reconstructed? Even with good routine maintenance, all streets have a limited life span, just like your driveway. Only a certain level of maintenance is cost-effective. The City can continue to patch to maintain accessible streets, but potholes will continue to occur, leaving streets in an unsightly manner and rough condition, as well as a possible safety hazard to you and your vehicle. Maintaining local streets also helps maintain everyone's property values. Whv does this proposed amendment eliminate three special zones? The last sentence in the proposed amendment refers to three commercial districts in the City which have been exempt of City Charter rules since 1993. These zones follow the standard special assessment procedures provided for in state law to facilitate commercial and industrial development. With the proposed change to the Charter, these exemptions are no longer necessary. Updated September 21, 2012 CITY COUNCIL AGENDA ITEM 3A(i) STAFF ORIGINATOR: Michael Grochala IV -FETING DATE: August 13, 2012 TOPIC: Consider 2nd Reading of Ordinance No. 05-12 Amending Chapter 8 of the Lino Lakes City Charter, Regarding Public Improvements and Special Assessments VOTE REQUIRED: 3/5 INTRODUCTION The City Council is considering the amendment of Chapter 8 of the City Charter as it relates to Public Improvements and Special Assessments. State law specifies the procedure for amendment of the charter by council recommendation. Council consideration and approval of the 2nd reading of Ordinance No. 05-12 is necessary for consideration of the proposed amendment by the voters in the November election. BACKGROUND The City Council has been discussing a proposed amendment to the City Charter regarding the public improvement process for several years. The current amendment is based on the proposal, prepared in 2007, by the Citizen's Task Force to Review Charter Provisions Pertaining to Public Improvements (the "Task Force Amendment"). The Task Force Amendment was modified by the council in 200.8 to delete Section 8.0-7 relating to charter "exempt" areas. Following the February 27, 2012 council discussion, staff worked with the City's legal consultant to draft a revision that includes a reverse referendum component. A similar option was previously included in the Charter Commission's 2008 amendment proposal. Rather than require an election outright, as is the case under the current charter requirements, the language allows for residents to petition for an election on the improvement. The petition would require the signatures of 12% of the voters from the last general municipal election. The reverse referendum provisions are contained in Section 8.02, Subdivisions 5 and 6 of the draft ordinance The following is a brief summary of the major elements of the ordinance: 1. Section 8.01, Subd. 1 defines local improvements as any public improvement financed in whole or in part from special assessments. Projects that are not financed using special assessments are not subject to charter provisions and follow state law. 2. Section 8.01, Subd. 3 states that the amount of special assessments shall not exceed the cost of the local improvement and shall not exceed the benefit to the property. 3. Section 8.02, Subd. 1 specifies that Local improvements will follow state requirements except as specified in this charter section. Procedural steps following state law include but are not limited to the following: • Initiation of the improvement by either petition or city council • Preparation of a report on improvements (feasibility study) • Calling for a public hearing • Published and mailed notice of the public hearing • Public hearing on improvements. 4. Section 8.02, Subd. 2 allows for a written objection to the improvements from 50% of the abutting property owners to be filed with the city prior to or at the improvement hearing. If no objection is received, the council may order the project as specified under state requirements. If an objection is received the council shall call a special meeting (2ad public hearing) to be held at least 45 days after the improvement hearing. 5. Section 8.02, Subd. 3 allows the city council to order the improvement following the special meeting (2nd public hearing), but requires the effective date of the resolution to be at least 30 days after adoption. In such case, the City is required to mail a summary of the resolution to affected owners within 5 days of adoption. Prior to the effective date of the resolution, if 50% of the affected property owners sign written objections to the resolution then the resolution does not become effective and the improvement is not ordered. 6. Section 8.02, Sub& 5 provides that if any portion of the project is to be paid fronr property taxes, registered voters may file a petition requesting a vote on the - improvement. Such petition must be received within 30 days of the effective date-ofthe resolution ordering the improvement and be signed by registered votersequal to at least 12 percent of the votes cast in the last general municipal election. Based on 2011 election -this number would be 5117 signatures. In such case, the city may only proceed after obtaining approval of a majority of the voters voting on the question. 7. Section 8.02, Subd_ 6 states that in the event the ballot question fails, the requirements of Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it fails a second time, it may not be resubmitted within a period of one year. 8. The ordinance also repeals Section 8.07 of the Charter regarding the exempt zones. The City Council approved the 1 sr reading of the ordinance on March 12, 2012. A copy of the ordinance was submitted to the City Charter Commission, for review, on March 13, 2012. The Charter Commission approved a resolution requesting an aririitiona190 days for review on April 12, 2012. The 150 day review period expires on August 10, 2012. On July 12, 2012 the Charter Commission voted to reject the proposed amendment and no additional comments were received. RECOMMENDATION Staff is recommending that the City Council approve the second reading of Ordinance No. 05-12. ATTACHMENTS 1. Ordinance No. 05-12 1' Rearlirtg: March 12, 2012 Publication: ,71iR.t 2 2012 21°Rewiing: Aucrust 13. 2012 Effective: (to Nov. 6. 2012 ballot1 CITY OF LINO LALKES ORDINANCE NO. 05-12 AN ORDNANCE AMENDING CHAPTER 8 OF THE LINO LAZES CITY CHARTER, REGARDING PUBLIC IMPROVEMENTS AND- SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes does ordain: Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino Lakes City Charter be and are hereby repealed.: Section 8.01. Power to Make Improvement: and Levy Asse:rments. The City ma.3• make any- type of public improvement: not forbidden by law and levy special including all costs and expenses connected therewith, with interest Ne e- smear shall exceed the benefits to the property. Section 8.02. Effective Charter Provisions, Except as Provided in Section x.07. Local improvements (the term "local irW+eat" smell mean a public improvemen.+ financed pa-tly or wholly from special e.sseaements) shall be earned out excl ;ively under the provisions of this Charter. (Amended 11!23493, O dinaace No. 93 19) Section 8.03. Local Improvement Ordinances and Regulatio. Within one hundred twenty (120) days after this Charter goes into effect and befeee leeal.ikapro vements can be acted assessments. The ord:nance(s) shall provide a coEaplete werling Bode covering the and the ccrtifying of unpaid assessment: for collection by the proper County officer. Said improvements, all procedures in compliance therewith shall cozy to the reg 1ations as set forthin such ordinance(:) and rs otherwise contained in this Charter. Subdivision 1. A11 improvements to be paid for by special a:oessments against the the Council, or, (2) a resolution adopted by a four fifths affirmative vote of all of the Council. 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 hea ing. Such resolution shall be published twice, at least one week: apart, in the official newspaper of the City no lest than two (2) weeks prior to the date of said hearing, and in addition—thereto, a copy of such re: o1ution including estimate unit prices and estimated tetal price thereof shall be mailed to each 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 filed with the Council a petition asking that the improvement be made, signed by property sigied the petition aninst 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 �. _ Council before such petition is presented to the Council. Subdivision 2. Regardless of the provisions of Subdivision I of this section, when less than one hundred (100%) percent of thc estimated cost of thc proposed improvement is to be 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 not proceed with the local improvement as proposed. Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of the proposed improvement contains all of the evidence on wthich the Council shall base their decision, the Council may by eaalution, at any time between improvement. If after bids are received on the project the proposed contract excee''^ the estimated coat of the engineer stated at the public hearing held under Subdivision 1 by more than Subdivision 1. When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one (1) year after the public hearing on said improvement , , cost of City services to streets, sidewaikc, or other public or private trreperty may be z :Pssed g.03 of this chapter. Section 8.06. When under the provisions of section 8.01, Subdivision 1, an improvement is petitioned for by one hundred (100%) percent of the benefitted pFepept.y a •nem, such property proposed project. (Amended) Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.01 to read as follows: Section 8.01. Local Improvements Defined: Charter Provisions Effective. Subdivision 1. For the purposes of this Chapter. the term "local improvements" means any public improvements fmanred-in whole or in part from -special assessments. Subdivision 2. For the purposes of any obiection or petition under this Chapter. (al each parcel is considered to have one owner, and only one person or entity may sin an obiection or petition on behalf of any Additional owners of that parcel: and (b) if the same person or entity owns more than one parcel affected by a local improvement that person or entity may sien an obiection or petition only once: and (c) for the purpose of identifying recipients of any notice under this Chapter. owners are determined in accordance with Minnesota Statutes. Section 429.031, subdivision 1. Subdivision 3. The City may undertake any local improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such local improvements. The principal amount of special assessments for any local improvements shell not exceed the cost of the local improvement including all design. financing. and related costs. and shall not exceed the benefit to the property determined in accordance with state law. Subdivision 4. Local improvements shall be carried out exclusively under the provisions of this Charter. except to the extent otherwise provided in Section 8.02. Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.02 to read as follows: Section 8.02. Local Improvement Procedure. Subdivision 1. Local improvements shall be carried out in accordance with state law. except as provided in this Section. Subdivision 2. if more than 50 percent of the owners of the real property abutting on the streets named in the mailed notice of the improvement hearing under Minnesota Statutes. Section 429.031. subdivision 1 sign written objections regarding the local improvements. and file such objections with the city clerk prior to the improvement hearing or present such objections to the presiding officer at the hearing. then after the hearing the council shall schedule a special meeting to be held at least 45 dans after the date of the hearing. At least 10 days prior to the date of the special meeting. the city shall publish notice of the special meeting and mail notice of the special meeting to all owners who received the initial notice under Section 429.031. subdivision 1. Such publi hed and mailed notice shall include all the information provided in the initial mailed notice. along with a statement as to the number and percentage of affected owners who filed objections at or before the hearing. At the special meeting. the council shall hear additional testimony on behalf of any objecting property owners. and may consider further written or oral testimony from appropriate city officials and other witnesses. as to the nature of the local improvements. the advisability of proceeding with such local improvements. the proposed financing for such local improvements. any proposed amendments to the plans or financing for such local improvements. and the methodology used to calculate individual special assessments for -such local improvements. Subdision 3. A resolution ordering the local improvements (as such local improvements may have been amended in response to the hearing or special meeting under Section 8.02, Subdivision- 2) may be adopted_ at any time within six months after the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement and when there has been no such petition. the resolution may be adopted only by vote of four-fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution. a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written objections regarding the resolution_ and file such objections with the city clerk prior to the effective date of the resolution. the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02. Subdivision 2 will not constitute objections under this Subdivision 3. If the required number of owners do not file a timely objection under this subdivision. the local improvement may proceed after the effective date of the resolution. except as otherwise provided in Subdivisions 5 and 6. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section. Subdivisions 2 and 3 of this Section do not thereafter apply to the subject local improvements. and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be in accordance with state law. except as otherwise provided in this subdivision and Subdivisions 5 and 6. Notwithstandine anything to the contrary in Minnesota Statutes. Section 429.031. subdivision 1. clause (f). a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a maiorityv of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition. the resolution may be .adopted only by vote of four- fifths of all members of the council. Subdivision 5. If any portion of the cost of a local improvement is to be paid from ad valorem taxes. the ordering of the local improvement shR11 be suspended for 30 days after the effective date of the resolution ordering the local improvement under subdivision 3 (if no timely objection was filed by the required number of owners) or under subdivision 4. If a petition requesting a vote on the local improvement signed by registered voters equal to at least 12 percent of the votes cast in the last general municipal election is filed with the City Clerk bv the end of that 30 -day period. then the City may proceed with the local improvement, and may issue general obligation bonds to finance the local improvement. only after obtaining approval of a mai ority of the voters voting on the question at a general or special election. The ballot shall generally describe the proposed local improvement the estimated principal amount of bonds to be issued to finance the local improvement and the estimated percentage of total debt service on the bonds expected to bepaid from ad valorem taxes. Subdivision 6. If the voters do not approve a local improvement and issuance of bonds therefore -at an election required by subdivision 5; the provisions of Minnesota Stitotes. section 475.58. subd- la shall apply. subdivisions. the Council shall not vote on the same imppovenient with a neried erne (1) year after the public hsarina on said improvement unles., it is determined bv the Council that a sooner vote is necessary to preserve public peace. health. morals, safety or welfare. Section 4. That Chapter 8, Section 8.07, of the Lino Lakes City Charter is hereby repealed: Section 8.07. Local Improvement Special Provisions. Subdivision 1. acept as provided in Subdivision 3, i In the geographic areas of the City assessment for the financing of those improvements must be conducted in accordance :ith proce3.ures specified in state law. Subdivision 2. Subdivision 1 applies to Land within thrrec (3) geographic areas, each not AREA NO. 1 Trunk Highway 17E19 (Hodgson Road) and County State Aid Hii:hw: y 123 Intersection (Lake Drive) .111 Government Lot 1, Section 30, T31, R22, PIN. 30 31 22 210001 State Tn. k Highway 1f19 (Hodgson Road) right of way AREA NO. 2 Interstate I35E and County Road 212 (Main Street) lntcrchaaae Northeast one quarter (111) of Section 21 That part of the southeast one quarter (1/1) of Section 21 lying north of Cedar Street East one hn?f (1/2) -of the northwest one quarter (1/1) of Section 24 AREA NO. 3 Interstate 135W and Trunk Highway *19 (Lake Drive) Interchange North one half (112) of the southwest one quarter (1/1) of Section 18 That part of the southwest one quarter (1/1) of Section 17 lying west of Trunk Highway *49 (Lake Drive) right of way Trude Highway 1119; thence northeasterly along said right of way line 938.11 feet (+ {= or ) feet -to the south line of said southeast one quarter (1/4) of the northwest one quarter {1/1); thence wester along said south line 1021.59 feet (+ or ) to the point of beginning. The north 720 feet of that part of the soithwest one quarter (1/1) of the northeast one That part of the north one half{112) of the northeast one quarter (1/4) of Sectien 17 lying west of the Anoka County Park property lying west of the Anoka County Park property The south one half (113) of Southeast one quarter (1/1) of the southeast one quarter (1/4) of Section 8 quarter (1/4) of Section & The ast 330 feat (1 or ) of the north= _. -t one quarter (1/1) of the southeast one quartz (1/1) of the southw st one quarter (1/1) of Section & Subdivision 3. When construction of local improvements, the levy of special a^sc.-mcats for thc financing of those improvements specially benefit a parcel of real property, in an arca des ibcd in subdivision 2, on which a single family, owner occupied residential unit existed on -September 30, 1993, thc owner/occupant of such residential unit may file a petition with the City be filed with the City at or before thc first public hearina.to be he'd on the project. After the filing of such petition thc City may not specially az ass such owner's property for thc improvements contracted unless thc owner, at his'hei -option, in the fie elects to conn,.ct to or Attest)3ulianne Bartell,,bity C er Adopted by the Lino Lakes City Council this 13th day of August, 2012. The motion for the adoption of -the foregoing ordinance was introduced by Council Member O'Donnell and was duly seconded by CoundSl Member Roeser and won vote -being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Reinert The following voted against same: None (Absent- Stoesz) —">; YES - PUBLIC IMPROVEMENT PROCESS City Council proposes project. OR Citizens petition for project. City completes report on improvements which includes project scope, cost and proposed assessments. City Council calls for Public Hearing; staff notifies affected property owners by mail and citizens by published legal notice. Affected property owners can submit written objection to the project. City Council holds PUBLIC HEARING for public comment. Was written objection received by more than 50% of affected property owners prior to or at the r ES 1 Council calls for 2nd Hearing to be held at least 45 days after the 1st hearing, Staff notifies affected property owners by mall and citizens by published NO City Council holds 2nd PUBLIC HEARING to take additional testimony, hear concerns, work out differences and revise project, if necessary. [----N. RESIDENT ACTION The Council can order the project with or without amendments based on public comment, without increasing the project scope. The Council can order the project with or without amendments based on public comment, without increasing the project scope. Staff notifies affected property Citizens can petition to request a vote on the —* improvement project. \ l Affected property owners can submit written objection to the project. Was a petition received by more than 12% of residents who voted in the last local election within 30 days of ordering [_No Project goes to Public Election. 51% of voters must approve the project or it is stopped. NO Was written objection received by more than 50% of affected property owners within 30 days of ordering the YES Project moves forward. City Council stops the project. PROCEDURE FOR AMENDMENT BY CHARTER COMMISSION RECOMMENDATION: Charter Commission Recommendation for Approval of Amendment by Ordinance: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Within 1 month of filing notice with the City Clerk the Council must publish notice of a public hearing of the proposal • Notice must contain the text of the proposed amendment • Public hearing must be held between 2 weeks and 1 month after notice is published • Council must vote on amendment within 1 month of public hearing • Amendment approved only if Council vote is unanimous • Ordinance amending charter published in same manner as other ordinances of the City • Ordinance becomes effective 90 days after passage and publication, unless a later date is provided for in '`ie ordinance • Within 60 days passage and publication, a petition signed by registered voters equal in number to at least 5 percent of the registered voters in the City or 2,000, whichever is less, may be submitted to force a referendum on the amendment. • If voters fife a proper petition, the City must handle the amendment like any other charter amendment, except the Council may submit the ordinance at a general or special election that occurs within 60 days after filing the petition, or it may reconsider its action in adopting the ordinance. • If ordinance is submitted by the Council to the voters, language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. Charter Commission Recommendation for Approval of Amendment by Election: • Charter Commission makes recommendation to Council by filing notice with City Clerk • Proposal must be submitted to Council at least 17 weeks prior to the general election • Council must provide for election as long as amendment is constitutional and does not violate state or federal law • Language of the ballot question is determined by the Council. The question must identify the amendment clearly and distinguish the question from other questions on the same ballot. This summary of MN Statute is intended for informational purposes only and should not be construed as legal advice. Persons seeking amendment of their City charter are advised to work cooperatively with their City staff and to seek appropriate legal counsel. Page 2 Anoka County Elections and Voter Registration - January 201 7/23/13, To charter commission chair Chris Lyden and fellow charter commissioners, This letter is in response to the attached letter sent to the city council by Chris Lyden dated 4/22/13. The points made in the letter by Chris Lyden differ from the actual events and also differ from the will of the charter commission as confirmed with their vote at the meeting held on November 8th, 2012. Below is a recap of the vote that was recorded at the November 2012 charter commission meetings: • At the November 8 charter commission meeting, Commissioner Storberg made a motion and was passed by a majority of the attending members that the charter commission requests a meeting with the city council in regard to the city council's amendment that appeared on the ballot on November 6th, 2012. • Commissioner Storberg stated that since most of the residents of Lino Lakes voted in favor of the city councils amendment, obviously most residents feel that there is a need for a change to the city charter. Commissioner Storberg went on to suggest that if the two groups could agree to add some of the charter commissions original recommendations that were never forwarded to the city council for consideration, that maybe enough members of the city council and charter commission could agree to make some changes to the original council amendment. Each group could then have a chance to vote on the revised amendment with the hope of updating the charter by a vote from the two groups. • Also, the meeting agenda is to include discussion on this one item, the meeting is to take place on a neutral night and be facilitated by a neutral person approved by both groups. To date there has been no formal request by the charter commission to meet with the city council regarding Commissioner Storbergs motion. As soon as the charter commission requests a meeting that reflects the motioned by Commissioner Storberg as stated in this letter, please forward it to the city council. We then need only to select a date and a facilitator for the meeting. The city council will place this topic on a future meeting agenda for discussion pending action by the charter commission. Respectfully submitted, Jeff Reinert, Mayor Dale Stoesz, City Council Page 1 of 1 (April 22, 2013) Dear Mayor and Council, As you know, pursuant to a vote of the Commission, the Mayor and I had made arrangements for the special joint meeting between the City Council and the Charter Commission. Mayor Reinert and I agreed to hold the special joint meeting on April 11, 2013. In addition, four of the five members of Council were present at the February 21 Commission meeting, where it was stated no less than 6 times that the scheduled date of that special joint meeting would be held on April 11 (subsequently canceled due to weather). The meeting agenda had been verbally agreed to between the Mayor and I. However, Mayor Reinert brought a different agenda to the February 21 Commission meeting, and he asked the Commission to accept that agenda. The Commission reviewed his proposed agenda and found it unacceptable. The Commission formally voted to reject the Mayor's agenda and accept the agenda as I had presented it to the Mayor the previous day via e-mail. While it may seem a simple matter to schedule the special joint meeting utilizing the approved agenda, it turned out that this is not the case. When discussing the posting of the scheduled April 11 special joint meeting with the City Clerk earlier in the month, I was surprised when she informed that she could not post for a special joint meeting between the Council and the Commission because there had been no such direction from Council. She elaborated that a special meeting must be called for by either the Mayor or two Council members, and that this has not taken place. I assume she double-checked on this with the Mayor. This then leaves the status of a special joint meeting up in the air. We have an agenda formally approved and adopted by the Commission that was verbally approved by the Mayor, and we had what seemed to me to be intentions on both sides to hold the special joint meeting. I am proposing to the City Council to reschedule the special joint meeting from April 11, 2013 to May 16th or May 30th. If the Council confirms one of these two dates, then please immediately contact the City Clerk and inform her of who is calling for the special joint meeting so that Julie can then post the rescheduled special joint meeting. I will await confirmation of the special joint meeting from the City Clerk. If the preceding is an indication that Council wishes to opt out on the special joint meeting, that is of course your prerogative as City Council. As always, the Charter Commission is willing to honor formal requests from the City Council. FYI the next regular Charter Commission meeting is July 11, 2013 at 6:30 PM Best regards, Chair Lyden, Lino Lakes Charter Commission (July 25, 2013) Mayor Reinert and Council Member Stoesz, I couldn't disgree more with both the premise and the content of the letter you've asked the City Clerk to forward to me. I find your attempts to blur the facts and redefine the commission's actual vote to be completely disrespectful and inappropriate. Your statement that "To date there has been no formal request by the charter commission to meet with the city council regarding Commissioner Storbergs motion" is a complete disresgard of the November 8 vote of the Commission. That vote reads as follows: "MOTION by Commissioner Storberg, seconded by Commissioner Gunderson, to have the entire Council and the entire Council meet together to discuss the provisions of Chapter 8. AMENDMENT offered by Commissioner Timm that there be a tight agenda agreed to the Mayor and the Commission Chair and that some procedural rules for discussion be defined." Working within these parameters, the Mayor and I did agree on a tight agenda and some procedural rules. However, on February 21 2013, the Mayor went before the Commission to renegotiate that agreement. The Commission voted to reject the Mayor's agenda and adopt the original agreed-upon agenda, which I had presented. As you know, on April 23, 2013 the Commission proposed two joint meeting dates, May 16 and May 30. An official response to an official invitation is a minimal expectation, but Council chose to ignore the invitation, failing not only to respond, but also failing to even discuss the matter. Three months have elapsed, and a joint meeting has never been on any City Council agenda. Your July 23 correspondence is merely a personal e-mail aimed at disguising Council's inaction, and the Charter commission will not be used by you to promote your personal agenda. What is taking place here is in fact an under the table solicitation to induce the Commission to initiate something on your terms. The Mayor stated on February 21 that "Council is not driving this," and it is now apparent that you seek to push the Commission into the driver's seat of your vehicle on your road aimed in the direction of your choosing. As always, the Charter Commission is willing to honor formal and proper requests from the City Council. However, even after three months, we haven't received such a request. Attempted misrepresentations such as these only serve to promote mistrust. It is not in the best interests of anyone, be it Council, Commission, or the residents, to be party to such inappropriateness. The Charter commission will not be party to this. To be clear, I will not legitimize your personal email by forwarding it through the office of the Chair to the Charter Commission. It is my most sincere wish that the Mayor and Council abandon these kinds of practices and instead begin to deal with the Commission in good faith, rather than employing Chicago politics. I look forward to the day when you recognize that dealing in an open, honest, and fair manner is the only way to truly resolve any differences and/or arrive at the best outcome for all concerned. Sincerely, Christopher Lyden, Chair Lino Lakes Charter Commission Julie Bartell From: Chris Lyden <lillydogcute@lycos.com> """Cent: Thursday, July 25, 2013 11:18 AM o: Julie Bartell Cc: denali2010@q.com Subject: Please forward response to Mayor and Stoez email dated July 24, 2013 Julie, Please forward to Mayor and Stoesz: (July 25, 2013) Mayor Reinert and Council Member Stoesz, I couldn't disgree more with both the premise and the content of the letter you've asked the City Clerk to forward to me. I find your attempts to blur the facts and redefine the commission's actual vote to be completely disrespectful and inappropriate. Your statement that "To date there has been no formal request by the charter commission to meet with the city council regarding Commissioner Storbergs motion" is a complete disresgard of the November 8 vote of the Commission. That vote reads as follows: "MOTION by Commissioner Storberg, seconded by Commissioner Gunderson, to have the entire Council and the entire Council meet together to discuss the provisions of Chapter 8. AMENDMENT offered by Commissioner Timm that there be a tight agenda agreed to the Mayor and the Commission Chair and that some procedural rules for discussion be defined." Working within these parameters, the Mayor and I did agree on a tight agenda and some procedural rules. However, on February 21 2013, the Mayor went before the Commission to renegotiate that agreement. The �:'ommission voted to reject the Mayor's agenda and adopt the original agreed-upon agenda, which I had presented. As you know, on April 23, 2013 the Commission proposed two joint meeting dates, May 16 and May 30. An official response to an official invitation is a minimal expectation, but Council chose to ignore the invitation, failing not only to respond, but also failing to even discuss the matter. Three months have elapsed, and a joint meeting has never been on any City Council agenda. Your July 23 correspondence is merely a personal e-mail aimed at disguising Council's inaction, and the Charter commission will not be used by you to promote your personal agenda. What is taking place here is in fact an under the table solicitation to induce the Commission to initiate something on your terms. The Mayor stated on February 21 that "Council is not driving this," and it is now apparent that you seek to push the Commission into the driver's seat of your vehicle on your road aimed in the direction of your choosing. As always, the Charter Commission is willing to honor formal and proper requests from the City Council. However, even after three months, we haven't received such a request. Attempted misrepresentations such as these only serve to promote mistrust. It is not in the best interests of anyone, be it Council, Commission, or the residents, to be party to such inappropriateness. The Charter commission will not be party to this. To be clear, I will not legitimize your personal email by forwarding it through the office of the Chair to the Charter Commission. '-.It is my most sincere wish that the Mayor and Council abandon these kinds of practices and instead begin to deal with the Commission in good faith, rather than employing Chicago politics. I look forward to the day when you recognize that dealing in an open, honest, and fair manner is the only way to truly resolve any differences and/or arrive at the best outcome for all concerned. 1 Sincerely, Christopher Lyden, Chair Lino Lakes Charter Commission 2