HomeMy WebLinkAbout10-12-2006 Charter Packet2
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DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
APPROVED
CITY OF LINO LAKES
CHARTER COMMISSION
: October 12, 2006
. 6:33 P.M.
. 8:50 P.M.
: Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening,
Duffy, Storberg, Zastrow, Montain, Richard Williams
and Carlson
: Bor, Warren and Rosemary Williams
: None
: None
CALL TO ORDER AND ROLL CALL
Acting Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at
6:33 p.m. on October 12, 2006.
Acting Chair Duffy noted there is a community -visioning meeting at Eagle Brook Church this
evening. Anyone wishing to attend is excused from the meeting.
APPROVAL OF AGENDA
Commissioner Dahl noted she has information on the concept plan for Robinson properties to
share with anyone interested after the meeting.
MOTION by Commissioner Bening, seconded by Commissioner Vacha, to approve the agenda
as presented. Motion carried unanimously.
The agenda was approved as presented.
OPEN MIKE
No one was present for open mike.
APPROVAL OF MINUTES
July 13, 2006 — MOTION by Commissioner Carlson, seconded by Commissioner Trehus, to
table the minutes to the January 2007 meeting. Motion carried unanimously.
OLD BUSINESS
Road Reconstruction and Council Response — Commissioner Trehus stated the commission
had invited the Community Development Director and City Engineer to the meeting this evening
Charter Commission
October 12, 2006
Page 2
APPROVED
46 to discuss this issue. The decision was made to postpone the discussion to the January 2007
47 meeting because of staff attending a meeting that is being held this evening.
48
49 Commissioner Trehus noted the agenda item should be changed to "Road Reconstruction and
50 Staff Discussion". He indicated Chair Warren would be re -drafting his letter that will be sent to
51 City staff regarding the discussion.
52
53 Outcome of City Staff and City Council Actions with Pending Charter Amendment
54 Gordon Heitke, City Administrator — Chair Duffy referred to the memo sent by City
55 Administrator Heitke regarding the petition that was presented to the City Council. The Council
56 decided to prepare the amendment as requested in the petition with no revisions for placement on
57 the ballot.
58
59 Review of City Council Decision, Commissioner Dahl — Commissioner Dahl stated that
60 because the Charter was so involved in this issue that the Commission needed detailed minutes
61 from the Council meeting when this was discussed. She distributed verbatim minutes from that
62 section of the Council meeting as prepared by Commissioner Duffy.
63
64 ONGOING REPORTS UPDATED QUARTERLY, GORDON HEITKE
65
66 Five -Year Plan — Acting Chair Duffy referred to the memo from the City Administrator
67 regarding this issue. The memo indicated the final revision would be made in December
68 concurrently with the 2007 budget.
69
70 Commissioner Montain stated it is the job of the Commission to ensure the City has a Five Year
71 Plan. The memo is just another brush off to the Commission regarding this issue. The City
72 needs to follow the Charter and have a Five Year Plan. It is the job of the Chair of the
73 Commission to get the Council's attention and make sure they complete a Five Year Plan. The
74 Chair should make it more of a public discussion and get this issue put on a Council agenda to
75 point out to them in a public form they are not doing their job.
76
77 Commissioner Bening suggested this issue be put on the Council agenda and a letter be read to
78 them outlining options such as taking the requirement out of the Charter, complete the plan, or
79 petition on a recall of the elected officials.
80
81 Commissioner Carlson pointed out the Surface Water Management Plan would make a big
82 difference in the Five Year Plan.
83
84 MOTION by Commissioner Trehus, seconded by Commissioner Montain, to form a
85 subcommittee to bring this issue to the Council face to face as an agenda item to enforce the Five
86 Year Plan.
87
88 Acting Chair Duffy also suggested the Commission do some research about what the
89 Commission's options are in regard to this issue.
2
Charter Commission
October 12, 2006
Page 3
APPROVED
90
91 Commissioner Dahl suggested as many Commissioners as possible attend that Council Meeting.
92
93 Commissioner's Montain, Trehus, Dahl and Vacha volunteered for the subcommittee.
94
95 Commissioner Bening indicated he hopes Chair Warren will also be involved with the committee
96 and make the presentation to the Council.
97
98 MOTION carried unanimously.
99
100 Finished Report on Quality of Life Survey — Acting Chair Duffy referred to a memo from the
101 City Administrator regarding this issue. She read the question and results from the survey in
102 relation to the Charter requirements in terms of road reconstruction.
103
104 Commissioner Handrick excused herself from the meeting at 7:30 p.m.
105
106 Commissioner Zastrow suggested the Commission work as a group to change the City Charter so
107 the City can have a fund to fix roads. He stated it makes no sense to have a Five Year Plan for
108 roads when there are no funds to fix the roads.
109
-J 10 Commissioner Montain stated there are many funds available to borrow from for road projects
l l that could be repaid at some point in the future.
112
113 Commissioner Trehus noted he likes the system the way it is but the neighborhoods and City
114 should work together on projects.
115
116 Surface Water Management Plan — Acting Chair Duffy referred to a memo from the City
117 Administrator regarding this issue.
118
119 Commissioner Carlson stated the Executive Summary of the plan does not included figures
120 related to costs and assessments.
121
122 Commissioner Storberg stated the plan seems very un -equitable and unfair. Residents who
123 attended the meeting were very upset.
124
125 Commissioner Trehus stated that at some point in time this could become a Charter issue.
126
127 NEW BUSINESS
128
129 A Charter Report, Commissioner Dahl — Commissioner Dahl stated she became aware of a
130 City of Mounds View proposed charter amendment regarding establishing a cap on tax increases.
131 She stated if anyone is interested she could make copies of the available information. She noted
X132 it was a charter initiative and will be on the ballot this fall.
133
3
Charter Commission
October 12, 2006
Page 4
APPROVED
134 Commissioner Storberg suggested the Commission think about this issue and discuss it at the
135 next meeting.
136
137 Acting Chair Duffy stated she would like more background information on this issue.
138
139 Commissioner Trehus stated he would like to see the ballot question.
140
141 MOTION by Commissioner Trehus, seconded by Commissioner Bening, to invite one or more of
142 the officers of the Mounds View Charter Commission to the January meeting to discuss the
143 ballot initiative. Motion passed with Commissioner Montain voting no.
144
145 Discussion of Three Charter Commission Meetings Per Year, Commissioner Storberg -
146 Commissioner Storberg stated it is difficult to get a quorum for the summer meeting. She stated
147 she believes the Commission can get their business completed in three meetings a year and can
148 always schedule an extra meeting if necessary.
149
150 MOTION by Commissioner Storberg, seconded for discussion by Commissioner Dahl, to meet
151 the second Thursday in January, April and October 2007.
152
153 Commissioner Montain stated he believes that is addressing a problem that is not there.
x-.454
55 Commissioner Vacha stated he believes the Commission should meet four times a year.
156
157 MOTION failed with Commissioners Aldentaler, Carlson, Dahl, Duffy, Williams, Zastrow,
158 Vacha, Montain, Bening and Trehus voting no.
159
160 Acting Chair Duffy noted the Commission could decide at the April meeting if the July meeting
161 should be changed.
162
163 Pledge of Allegiance, Commissioner Dahl — Commissioner Dahl stated she believes the
164 Commission should start saying the Pledge of Allegiance at its meetings. She indicated if the
165 Commission is in agreement, she would see if a flag were available for the meeting room.
166
167 MOTION by Commissioner Dahl seconded by Commissioner Montain, to say the Pledge of
168 Allegiance at Charter Commission meetings. Motion carried with Commissioner Bening voting
169 no.
170
171 Annual Report — Commissioner Montain stated it has always been the policy and practice, as
172 well as stated in the by-laws, that the annual report be presented at the October meeting for
173 approval.
174
175 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to put this issue on the
X176 January meeting for discussion.
177
4
Charter Commission
October 12, 2006
Page 5
APPROVED
178 Commissioner Bening read the by-laws regarding this matter and stated it indicates the secretary
179 has to submit the Chair's approved annual report to the judge. He stated he agrees it should be
180 done in October for the current year.
181
182 MOTION carried with Commissioner Montain and Bening voting no.
183
184 Set Agenda for January 11, 2007 Meeting— Acting Chair Duffy set the following agenda for
185 the January 11, 2007 Charter Commission Meeting:
186
187 1. Call to Order and Roll Call
188
189 2. Pledge of Allegiance
190
191 3. Approval of Agenda
192
193 4. Open Microphone
194
195 5. Approval of Minutes
196 A. July 13, 2006
197 B. October 12, 2006
x-.198
199 6. Old Business
200 A. Road Reconstruction and Staff Discussion
201 B. Outcome of City Staff and City Council Actions with Charter Amendment
202 C. Annual Report
203
204 7. On -Going Reports
205 A. Five Year Plan
206
207 8. New Business
208 A. Annual Report By-laws
209 B. Mounds View Ballot Amendment
210
211 9. Set Agenda for April 2007 Meeting
212
213 11. Adjourn
214
215 MOTION by Commissioner Bening, seconded by Commissioner Dahl to approve the January 11,
216 2007 agenda. Motion carried unanimously.
217
218 ADJOURN
219
'�`120 MOTION by Commissioner Carlson seconded by Commissioner Trehus, to adjourn the meeting
221 at 8:50 p.m. Motion carried unanimously.
5
Charter Commission
October 12, 2006
Page 6
222
223 Respectfully Submitted,
224
225 Kim Points
226 TimeSaver Off -Site Secretarial, Inc.
227
APPROVED
6
AGENDA
LINO LAKES CHARTER COMMISSION
THURSDAY
October 12, 2006
Lino Lakes City Hall
Community Room
6:30 P.M.
1. Call to Order and Roll Call
2. Approval of Agenda
3. Open Mic
I G\ LNC{s
6:30 PM
6:31 PM
6:32 PM
4. Approval of Minutes 6:33 PM
- July 13, 2006 Pg 2-8
5. Old Business A-isca- -... Lo/ s
Road Reconstruction and Council -Response 6:34 PM
(Postpone to Janua02007 Charter meeting)
B. Outcome of city staff and city council 6:35 PM
Actions with pending charter amendment, Pg 9-14
Gordon Heitke, City Administrator
- C. Review of city council decision
pstr' . Commissioner Dahl
A-41144
A °I-� 6. Ongoing reports updated quarterly, Heitke CityAdministrator Pg 15-21e0
Subtovim g Ike {z.�,t . Five -Year Plan (stated in minutes of July 13, 2006, lines 142 & 143) 7:03 PM
i•a parry ttites a5e 1 iC Liti(1) Discussion
`e t74,-if'2i1y �L'"L ' '% . Finished report on quality of life survey7:23 PM
t � Y�' rlakt P �l tY
ten,' C. Surface Water Management Plan 7:24 PM
v
7. New Business Pvc.T,r
A. A Charter report, Commissioner Dahl) Ivw&' MoyinJ `i,e' Cie ad).e�u 7:39 PM
(hand outs at meeting) / bA.ti J+ rt vc o -ti I 1'111 t?°t�� " i f < ,
B. Discussion of three Charter Commission meetings per year 8:00 PM
Commissioner Storberg Vt)
C. Pledge of Allegiance, Commissioner Dahl — A c ( , (Zv 8:20 PM
8:25 PM
8. Set agenda for January 11, 2007 meeting
1\43 GJ
ro +11
1n X01,)
Adjourn SG� ��u,� ,`v o��;,,f �n;s 8:30 PM
it C N_a i1JC,
Chair: Paulette Warren Vice Chair: Cori Duffy Secretary: Caroline Dahl
651-484-4678
1 Charter Commission
July 13, 2006
Page 1
ITEM 4
DRAFT
1
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3
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5 DATE
6 TIME STARTED
7 TIME ENDED
8 MEMBERS PRESENT
9
10
11
12
13
14
15
16
17
18 p.m on July 13, 2006.
19
20 APPROVAL OF AGENDA
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
CITY OF LINO LAKES
CHARTER COMMISSION
July 13, 2006
6:30 P.M.
9:30 P.M.
Dahl, Aldentaler, Trehus, Handrick, Vacha, Bening,
Duffy, Storberg, Warren, and Carlson
Bor and Zastrow
Rosemary Williams, Richard Williams and Montain
None
CALL TO ORDER AND ROLL CALL
Chair Warren called the regular meeting of the Lino Lakes Charter Commission to order at 6:40
21
22 Item 9E, Surface Water Management was added under New Business.
23
24
25
26
x-27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
The agenda was approved as amended.
OPEN MIKE
No one was present for open mike.
APPROVAL OF MINUTES
April 13, 2006 — Commissioner Duffy referred to line 69 and corrected the sentence to read, "She
thought this item deals with invoice". She referred to line 124 and corrected the word "effect" to
"affect". She referred to line 248 and removed the word "she". She referred to line 317 and
corrected the sentence to read Commissioners Dahl, Duffy and Trehus".
Commissioner Dahl referred to line 264 and corrected the sentence to read "Commissioner Dahl".
MOTION by Commissioner Trehus, seconded by Commissioner Storberg, to approve the April
13, 2006, Charter Commission meeting minutes as amended. Motion carried.
1
Charter Commission
July 13, 2006
Page 2
DRAFT
42 OLD BUSINESS
43
44 Ordinance Amendment regarding Council Members on the Charter Commission — Chair
45 Warren stated everyone received information on the process and options that were to be read
46 ahead of time.
47
48 Process: Information Only (Refer to line 286 & 287 in April 13.2006 Minutes):
49 -Copy of May 12"` Letter from Attorney, Mr. Hawkins and Letter from Chair Warren —
50 Chair Warren reviewed the options that were summarized in the memo dated June 23, 2006.
51
52 Recommendation(s) of Sub Committee: Citizen Charter Amendment — Commissioner
53 Trehus advised the sub committee is recommending changing the language and slightly changing
54 the proposal from the Council. The change would state a Council Member could serve on the
55 Charter Commission but could not vote. It would also state that Council Member would be
56 appointed the official liaison and include there would be no compensation.
57
58 Commissioner Bening stated that would limit the number of votes to fourteen members and could
59 result in ties. He noted there is no place in the Charter that indicated there is an appointed liaison.
60
61 Commissioner Duffy stated if the amendment goes through, the Commission may want to change
62 ( the by-laws to state ,that there are, fifteen voting members and one non-voting member of the
63 Commission.
64
65 Commissioner Trehus advised state statute says there are only up to fifteen members on the
66 Charter Commission.
,••••••\ 67
68 Commissioner Vacha stated he does not see any issue with a Council Member being on the
69 Commission and being able to vote.
70
71 Commissioner Carlson indicated support for the proposal as submitted by the Council. He stated
72 he believes it is opening a can of worms if the judge appoints a Council Member to the
73 Commission.
74
75 Chair Warren clarified that the proposed change by the sub committee does not mandate a
76 Council Member serving on the Commission.
77
78 Commissioner Carlson suggested the Commission appoint its own liaison to the Council to attend
79 Council meetings.
80
81 Commissioner Trehus stated he does not believe there would be as much participation from a
82 liaison that is..nnt both nn the Commission rainity Council.
83
84 MOTION by Commissioner Bening seconded by Commissioner Carlson to proceed with the
85 amendment as proposed by the City Council.
2
Charter Commission DRAFT
July 13, 2006
Page 3
86
87 Commissioner Trehus stated the Commission does have the option to say no to putting the
88 amendment on the ballot and recommending the proposed change be adopted as an ordinance.
89 He stated he believes the Commission should vote no and offer a recommendation to adopt the
90 amendment by ordinance to keep it off the ballot.
91
92 Chair Warren clarified the Commission has to vote on the proposed amendment. Then a vote
93 would be taken on the process that should be recommended to the Council to move forward.
94
95 Commissioner Bening called the question.
96
97 MOTION failed with Commissioner's Warren, Duffy, Dahl, Vacha, Handrick and Trehus voting
98 no.
99
100 Commissioner Bening excused himself from the meeting at 7:30 p.m. He advised he is opposed
101 to the proposed change to the amendment from the sub committee.
102
103 Commissioner Handrick referred to the proposal from the Council and suggested it be changed to
104 say that no Council Member shall be a voting member of the Commission.
105
106 Commissioner Trehus suggested the Commission go with the proposal from the Council adding
107 an amendment that states a member of the City Council may serve as a non-voting liaison to the
108 City Charter Commission. He stated he believes putting the amendment on the ballot implies
109 something bad happened in the past regarding this issue.
110
111 MOTION by Chair Warren, seconded by Commissioner Trehus, to approve the proposal
112 submitted by the Council adding an amendment that states one member of the City Council may
113 serve as a non-voting liaison to the City Charter Commission.
114
115 MOTION carried with Commissioner Vacha voting no.
116
117 MOTION by Commissioner Handrick, seconded by Commission Trehus, to recommend the
118 revised amendment be approved by ordinance
119
120 Commissioner Dahl stated Mayor Bergeson has indicated this does not qualify for a special
121 election.
122
123 Commissioner Carlson made a friendly amendment to the motion to include "per Chapter 410.10
124 Subdivision 7. The makers of the motion agreed to the amendment.
125
126 MOTION carried with Commissioner Vacha voting no.
127
128 Road Reconstruction and Council Response — Chair Warren stated everyone received the
129 City's response in regarding to road reconstruction.
3
1 Charter Commission
July 13, 2006
Page 4
DRAFT
130
131 Commissioner Dahl stated she requested the information for the purpose of being updated only.
132 She suggested the Commission receive another update at the October meeting.
133
134 Five Year Plan Response — Chair Warren read the response from the City and stated there is no
135 I public end date to the Five Year Plan. She stated there needs to be aplan to complete the plan.
136
137 Commissioner Duffy stated she does not believe there will be any new information on this until
138 January or February when the budget process is completed.
139
140 MOTION by Commissioner Duffy to table the Five Year Plan to the January 2007 meeting.
141
142 Commissioner Dahl and Trehus suggested another update should be given at the October meeting
143 to keep the City on task with the Plan.
144
145 Chair Warren suggested Commissioner Dahl requests clarification from the City regarding the
146 completion of the Five Year Plan.
147
148 Commissioner Duffy withdrew the motion.
149
150 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to send a memo to the City
151 Administrator asking for clarification on the completion of the Five Year Plan. Motion carried.
152
153 Quality of Life Survey - Chair Warren referred to the written response from the City regarding
154 this issue.
,•-.r 155
156 Kennedy and Graven Charter Review: YMCA and Legacy — Trehus (Refer to Line 76 in
157 April 13.2006 Minutes) - Commissioner Trehus provided the background on this issue noting
158 the headings on the expenses have white out on them and the services were not paid for one year.
159 He added he is not aware of any concerns raised over this issue but more investigation could be
160 completed.
161
162 Chair Warren stated it appears that staff got legal opinions about the Charter. Staff can do that as
163 long as the fees do not come out of the Charter budget.
164
165 Commissioner Carlson read a memo from the Finance Director regarding this issue. The memo
166 stated the auditor indicated the expenses were handled in the proper manner. The auditor also
167 I recommended the titles of the line items k changed to avoid confusion in the future.
168
169 Commissioner Dahl stated if staff is obtaining legal opinions related to the Charter the
170 Commission should have access to that information.
171
172 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, to request copies of
173 information related to Charter inquiries and legal opinions when available.
4
Deleted: it 3
- - { Deleted: is
Charter Commission
July 13, 2006
Page 5
DRAFT
174
175 Connnissioner Trehus added the Commission should also get a summary of verbal opinions.
176
177 MOTION carried.
178
179 The Commission asked Commissioner Dahl to write a letter to the City requesting that
180 information.
181
182 Accessible Proiects Process Update (Refer to Lines 450-451 in April 13.2006 Minutes)
183 Neighborhood Concerns - Commissioner Trehus advised everyone received a memo outlining an
184 option to get the neighborhood behind a road reconstruction project. He noted it is a rough draft
185 and believes the process would work. It basically adds an option for neighborhood input. He
186 suggested having a joint meeting with the Council to discuss this or send them a recommendation.
187
188 Chair Warren stated she does not fully understand the current process for road reconstruction so
189 she does not know if this is the optimal solution. She suggested getting the City Boards or teams
190 of expertise involved in the process.
191
192 Commissioner Carlson stated he is not supportive of the proposal. He gave his reason why and
193 stated the proposal would make it harder to build roads within the City.
194
195 Commissioner Trehus stated this is just the fa -s4. step to get neighborhoods together before City
196 dollars are spent on a project. This is a very rough draft and it would need revisions.
197
198 Chair Warren stated she would like the optimal process within the City for this issue. She stated
199 experts are needed to create that process.
200
201 Commissioner Handrick suggested an informational meeting with staff to better understand the
202 current process.
203
204 Commissioner Carlson asked if the previous memo was sent to the Council and if a response was
205 received.
206
207 Commissioner Trehus stated he did not send a memo with the options that were outlined at the
208 last meeting.
209
210 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to invite the City Engineer
211 and Community Development Director to make a presentation on the current road reconstruction
212 process.
213
214 Commissioner Handrick made a friendly amendment to include Commissioner Trehus draft a
215 letter outlining that request and submit it to the Chair and Secretary of the Commission for
216 review.
217
5
Charter Commission
July 13, 2006
Page 6
DRAFT
218 MOTION carried.
219
220 The Commission requested Commissioner Trehus review the April 8, 2004 minutes prior to
221 drafting that letter.
222
223 Commissioner Storberg requested that meeting be first on the agenda at the October meeting.
224
225 Commissioner Dahl requested packets of information be distributed at the meeting.
226
227 NEW BUSINESS
228
229 Discussion of Outside Services — Commissioner Dahl advised the Commission might want to
230 1 obtain second opinions on various issues. She stated she does have a list of other 4torneys the
231 Commission could contact for information.
232
233 Discussion of Charter Budget — Commissioner Trehus stated the City of Ramsey has similar
234 Charter provisions. Their City Attorney attends all Charter meetings. He stated he believes the
235 Commission could request an attorney be present at all meetings as well as the $1,500 Charter
236 budget.
237
238 Chair Warren stated this item would be placed on the October meeting agenda.
239
240 Discuss By -Law Revision to Restructure Meeting — Chair Warren removed this item from the
241 agenda.
242
\ 243 Surface Water Management — Commissioner Dahl referred to the City web page regarding this
244 issue.
245
246 Set Agenda for October 12.2006 Meeting — Chair Warren set the following agenda for the
247 October 12, 2006 Charter Commission Meeting:
248
249 1. Can to Order and Roll Call
250 2. Approval of Agenda
251 3. Open Microphone
252 4. Meeting with City Staff regarding Road Reconstruction Process
253 5. Approval of Minutes
254 A. July 13, 2006
255 6. Old Business
256 A. live -Year Plan
257
258
259 7. New Business
260 A. Discussion of Outside Services
261 B. Discussion of Charter Budget
6
{ Deleted: A
1 Charter Commission
July 13, 2006
Page 7
DRAFT
262 C. Discussion of Three Charter Commission Meetings per Year
263 D. Set Agenda for January 2007 Meeting
264 8. Adjourn
265
266 ADJOURN
267
268 MOTION by Commissioner Vacha seconded by Commissioner Aldentaler, to adjourn the meeting
269 at 9:30 p.m. Motion carried unanimously.
270
271
272 Respectfully Submitted,
273
274 Kim Points
275 TimeSaver Off -Site Secretarial, Inc.
276
7
AGENDA ITEM 513
TO: Lino Lakes Charter Commission
FROM: Gordon Heitke, City Administrator
MEETING DATE: October 12, 2006
TOPIC: Charter Amendment
BACKGROUND
The City Council was presented with a petition with more than 500 signatures at its
September 26, 2005 meeting. The petition requested that the City Council place the
question of whether "to not allow City Council Members (including the Mayor) to also
be members of the Lino Lakes Charter Commission" on the November 2006 election
ballot. The City attorney reviewed the petition and advised the City Council that the
petition was advisory in nature and that it is the decision of the Council whether to
carry out the request of the petitioners.
Based on the requirements of Minnesota Statutes, Section 410.12, Subdivision 5, the
proposed charter amendment was put into ordinance form, given a first and second
reading and submitted to the Charter Commission for their approval, rejection or
substitution.
The Charter Commission discussed the proposed amendment at their April 13, 2006
and July 13, 2006 meetings, ultimately proposing a revision to the proposed
amendment and forwarding the matter back to the City Council. The City Council
discussed the issue at their September 6, 2006 work session and directed staff to
prepare the amendment as requested in the petition with no revisions for placement on
the ballot. The attached resolution referring the matter to the voters and approving the
ballot language was adopted by the Council on September 11, 2006. In turn, the
language was submitted to Anoka County before the deadline of September 15 to be
placed on the November 7, 2006 general election ballot.
ATTACHMENTS
1. Resolution 06-155;
2. Draft minutes of council work session and council meeting (September 6
and September 11)
Council Member Stoltz introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06-155
REFERRING A PROPOSED AMENDMENT OF THE
LINO LAKES CITY CHARTER TO THE VOTERS AS
A BALLOT QUESTION AT THE GENERAL ELECTION
SCHEDULED FOR NOVEMBER 7, 2006
WHEREAS, the Lino Lakes City Council received an advisory petition from residents
requesting the amendment to the Lino Lakes City Charter regarding "conflicts of interest";
and
WHEREAS, the Lino Lakes City Council adopted by ordinance an amendment to the
Lino Lakes City Charter, Chapter II, Section 2.04 Incompatible Offices to provide that no
member of the City Council shall be a member of the Charter Commission; and
WHEREAS, the Lino Lakes City Council forwarded the proposed ordinance amending
the City Charter to the Charter Commission for study and review pursuant to Minn. Stat. §
410.12, Subd. 5 (2004); and
WHEREAS, the Lino Lakes Charter Commission has reviewed the proposed
ordinance and recommended approval of a substitute amendment and further recommended
that the City Council adopt the substitute amendment without voter approval pursuant to
Minn. Stat. § 410.12, Subd. 7 (2004); and
WHEREAS, the City Council has determined not to approve the substitute Charter
amendment as proposed by the Charter Commission as either a non-voter approved Charter
amendment under Section 410.12, Subd. 7 (2004) or as a voter -approved amendment to the
Charter pursuant to Section 410.12, Subd. 5 (2004); and
WHEREAS, the City Council has determined to present the original proposed Charter
amendment to the voters as a ballot question pursuant to Minn. Stat. § 410.12, Subd. 5
(2004).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes
as follows:
1. The following question shall be placed on the ballot at the upcoming general
election scheduled for November 7, 2006:
Should Chapter II (Form of Government), Section 2.04 (Incompatible Offices) of
the Lino Lakes City Charter be amended to read as follows: (proposed new
language in bold print):
"Section 2.04 Incompatible Offices No Member of the Council
shall be a member of the City Charter Commission, hold any
paid municipal office or employment through the City other than
that to which elected. Further, until one (1) year after the
expiration of his/her term, no Mayor or Council Member shall be
appointed or employed by the City in a compensated position
which was created, or the compensation for which was increased
during his/her term as Mayor or Council Member."
2. The form of the ballot question shall be fixed as set forth in the attached
proposed ballot question.
3. Minn. Stat. § 410.12, Subd. 4 (2004) provides:
"If 51% of the votes cast on any amendment are in favor of its
adoption, copies of the amendment and certificates shall be filed,
as in the case of the original charter and the amendment shall
take effect in 30 days from the date of the election or at such
other time as is fixed in the amendment."
Adopted by the Lino Lakes City Council this 11th day of September, 2006.
Juli. nne Bartell, C' Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member O'Donnell and upon vote being taken thereon, the following voted in favor
thereof:
Stoltz, O'Donnell,Carlson, Reinert, Bergeson
The following voted against same:
—46d—
BALLOT QUESTION # - PROPOSED AMENDMENT TO
LINO LAKES CITY CHARTER
Should Chapter II (Form of Government), Section 2.04 (Incompatible Offices) of the
Lino Lakes City Charter be amended to read as follows: (proposed new language in
bold print):
"Section 2.04 Incompatible Offices No Member of the ,Council
shalt be a member of the City Charter Commission, hold any
paid municipal office or employment through the City other
than that to which elected. Further, until one (1) year after
the expiration of his/her term, no Mayor or Council Member
shall be appointed or employed by the City in a compensated position
which was created, or the compensation for which was
increased during his/her term as Mayor or Council Member."
Shall the proposed Charter amendment be adopted?
YES
NO
INSTRUCTION TO VOTERS: Voters desiring to vote in favor of the foregoing
proposition shall make a cross mark (X) in the square opposite the word YES.
Voters desiring to vote against the foregoing proposition shall place a cross mark
(X)- opposite the word N 0.
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CITY COUNCIL WORK SESSION SEPTEMBER 6, 2006
DRAFT
1 CHARTER AMENDMENT
2
3 City Administrator reviewed the background regarding this issue and distributed a letter
4 from the City Attorney. He outlined the options available to the Council relating to the
5 proposed Charter Amendment.
6
7 Mayor Bergeson recessed the meeting at 7:26 p.m. to attend a candlelight vigil for Officer
8 Silvera.
9
10 Mayor Bergeson reconvened the meeting at 8:30 p.m.
11
12 The majority of the Council directed staffto move forward with the submittal of the
13 original Charter Amendment proposal to the voters (majority vote required).
14
15 This item will appear on the regular Council agenda Monday, September 11, 2006, 6:30
16 p.m.
17
18 REVIEW OF SEPTEMBER 11, 2006 COUNCIL AGENDA
19
20 There were no changes to the regular Council agenda.
21
22 The meeting was adjourned at 8:50 p.m
23
24 These minutes were considered, corrected and approved at the regular Council meeting held on
25 September 25, 2006.
26
27
28
29
30 Jn liannr Bartell, City Clerk John Bergeson, Mayor
31
32 Transcribed by:
33 Kim Points
34 TimeSaver Off Site Secretarial, Inc.
35
4
{ Formatted: Centered
COUNCIL MINUTES SEPTEMBER 11, 2006
DRAFT { Formatted: Centered
r� 1 Council Member Stoltz moved to adopt Resolution No. 06-144, as presented. Council Member
2 O'Donnell seconded the motion. Motion carried unanimously.
3
4 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH
5
6 Consider Resolution No. 06-155, Referring a Proposed Amendment of the Lino Lakes City
7 Charter to the November 7, 2006 General Election — City Clerk Bartell advised the City Council
8 was presented with a petition with more than 500 signatures at its September 26, 2005 meeting. The
9 petition requested that the Council place the question of whether "to not allow City Council Members
10 (including the Mayor) to also be members of the Lino Lakes Charter Commission" on the November
11 2006 election ballot. The City Attorney reviewed the petition and advised the Council that the petition
12 was advisory in nature and that it is the decision of the Council whether to carry out the request of the
13 petitioners.
14
15 City Clerk Bartell stated the Charter Commission discussed the proposed amendment at their April 13,
16 2006 and July 13, 2006 meetings. The Charter Commission proposed a revised amendment as
17 described in the packets. The Council discussed this issue at their September 6, 2006 work session
18 and directed staff to prepare the amendment as requested in the petition with no revisions for
19 placement on the November 7, 2006 general election ballot.
20
21 City Clerk Bartell noted the City Attorney has prepared the ballot question in the form of Resolution
22 No. 06-144; the language must be submitted to Anoka County by September 15, 2006 in order to be
23 included on the November ballot.
24
25 Council Member Stoltz moved to approve Resolution No. 06-155, as presented. Council Member
26 O'Donnell seconded the motion.
27
28 Council Member Carlson amended the motion to include the statement per the recommendation from
29 the Charter Commission regarding a Council liaison. Motion failed with no second.
30
31 Motion carried unanimously.
32
33 Consideration of Personnel Policy Adjustments Regarding Health Care Savings Account —
34 Administration Director Tesch advised in order for non-union employees to participate in the State's
35 Health Care Savings Plan, enabling language must be placed in the City's Personnel Policy. He read
36 the amendment that staff is recommending fulfilling the requirement.
37
38 Council Member Carlson moved to approve the enabling language to the Personnel Policy, as
39 presented. Council Member O'Donnell seconded the motion. Motion carried unanimously.
40
41 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA
42
43 There was no report from the Public Safety Department.
44
45 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER
4
Memorandum
To: Charter Commission
From: Gordon Heitke
Date: September 22, 2006
Re: Agenda items 6 A, B, C
A. Five Year Plan
A draft Five Year Financial Plan was presented to the City Council in November, 2005.
The City Council conducted a retreat in February, 2006 at which staff presented concerns
related to current policies and practices which may result in long term financial
challenges for the City and taxpayers. The City Council accepted the recommendations
of staff to hold special study sessions to conduct a comprehensive review of the City's
long-term financial situation to fully understand the long-term financial prospects of the
City and to address specific financial issues. The staff also recommended that the City
Council assume a much more involved role in analyzing the City's financial policies and
conditions and in the development of the Five Year Plan. The City Council agreed that it
would be best to undertake this financial analysis prior to finalizing and adopting the Five
Year Financial Plan.
The City Council has held two study sessions, June 13 and August 9, to analyze and
address financial issues related to general fund management, Area and Unit Fund use and
balance trend, special assessment policies, street maintenance and reconstruction funding
(per the Pavement Management Plan), Surface Water Management Fund use and balance
trend, Sewer Access Charge Fund policy, Dedicated Parks Fund balance, outstanding
debt and financing decisions on past projects, reduction of state aid revenues, and the
impacts of these and other factors on the future financial vitality of city fund balances and
tax levies.
The City Council has made decisions and provided direction to staff on all of the issues,
with the exception of the Dedicated Parks Fund, which will be further discussed in the
future. Several of these financial decisions are reflected in the adopted 2007 preliminary
budget. With this direction from Council and the adoption of the preliminary budget,
staff can proceed with revisions to the draft Five Year Plan, making it a more accurate
and effective tool for future financial decision-making As indicated in my April 7, 2006
memo to the Charter Commission, staff intends to have the revised draft completed
concurrently with the 2007 budget which will have final approval in mid December.
Should there be a significant change in the final budget, a final revision may have to be
made to the plan in late December or early January. The timing of completion and
adoption of the Five Year Plan will ultimately be determined by the City Council.
B. 2006 Lino Lakes Residential Survey
The Charter Commission has previously been provided the summary survey results
graphics. The City has received a final report on the responses and analysis. This
approximately 150 page document is available for public review in the Lino Lakes City
Hall Library.
C. Surface Water Management Plan
Attached is the Executive Summary from the 2005 Surface Water management Plan. The
next update to the plan will occur in 2007 in conjunction with the mandated update of the
comprehensive plan. A copy of this voluminous document is also available for public
review in the Lino Lakes City Hall Library.
EXECUTIVE SUMMARY
The City of Lino Lakes (City) retains its rural charm while developing a quality residential and
commercial base. It is a bedroom community, with over 81 percent of its residents traveling at
least 15 minutes to work each day.
The City's environment is largely a function of its 16 lakes, widespread wetlands, two tributaries
and Rice Creek. Eight lakes are located in or abutting the Chain of Lakes Regional Park. About
40 percent of the City's total land area is comprised of lakes and national wetlands. Lino Lakes'
wetlands are widespread and these areas often help mitigate excess storm water runoff peak
flows. The City lakes generally fall into two categories; Natural Environmental and Recreational.
The Natural Environmental lakes are primarily located in the Chain of Lakes areas and include
Peltier, George Watch, Marshan, Rice, Wards, Sherman, Cedar, Amelia, Rondeau and
Wilkinson Lakes. Recreational lakes include Otter, Centerville, Reshanau, Baldwin and Bald
Eagle Lakes. Recreational uses include swimming, boating, fishing and water skiing.
Centerville, Bald Eagle, Peltier and Reshanau are considered game fishing lakes. Centerville
and Bald Eagle Lakes are managed fisheries and are stocked annually with Walleye and
Muskellunge. Each of these lakes have significant rough fish populations, and Centerville Lake
is aerated to prevent game fish winter kill.
Current data already suggests that the City has water quality issues. Several City lakes; Bald
Eagle, Peltier, George Watch, Marshan and Centerville, are included in the Minnesota Pollution
Control Agency's July 8, 2002, proposed Total Maximum Daily Load (TMDL) list because of
excess nutrients that make swimming an unsupported lake use. In addition, both Clearwater
and Hardwood Creeks are included in the TMDL list because of impaired biota. The Rice Creek
Watershed District (RCWD) Water Management Plan regards George Watch, Marshan, and
lakes such as these, as Type 5 wetlands due to their shallow depths, organic bottom material
and emergent vegetation. As a result, the City views these lakes as functioning properly within
their wetland classification and believes they should be removed from the TMDL list.
Furthermore, the City has little influence on the status of Bald Eagle Lake because the City does
not have control of a significant drainage area to it. Much the same is true of Hardwood and
Clearwater Creeks; in both cases, the vast majority of their drainage originates upstream of the
City.
Centerville, Peltier, Otter and Bald Eagle Lakes have been identified by the Minnesota
Department of Natural Resources as infested with Eurasian Watermilfoil. Due to this threat,
RCWD has undertaken several macrophyte surveys that have concluded that Centerville,
Peltier and Bald Eagle Lakes either had established colonies of the weed or were located
downstream of infested lakes.
Projected City urbanization, facilitated by transportation improvements in and near the City, will
continue and intensify through 2020. With this in mind, the RCWD has identified portions of the
southern and eastern watersheds of the City as in need of rate control. By and Targe, these
areas are fully developed and have implemented rate control.
This Surface Water Management Plan (Plan) presents a vision of high quality natural and water
resources for the City. The Plan's overall goal is to improve the quality of surface waters and it
will be achieved by delivering good quality storm water runoff to lakes and wetlands at
acceptable rates and volumes, while reducing pollutant and sediment loadings and stream
ES -1 12608-01
bed/stream bank erosion and water quality degradation. The success of attaining these goals
will be measured by:
✓ Improving the lake grade of Centerville, Peltier and Reshanau Lakes from C+ to B.
✓ Returning Centerville Lake to a status that fully supports swimming as a lake use.
✓ Maintaining the existing runoff characteristics of peak flow and volume from the City's
sub -watersheds.
✓ Implementing the general NPDES Phase II permit effectively.
Data is also presented in the Plan supporting the establishment of more specific goals and
policies for water resource management that are realistic, attainable, and economically feasible,
as follows:
✓ Water Quantity Goal - Use the natural characteristics of the City's watersheds (e.g.,
pond, swales, wetlands) in combination with development standards and projects, to
reduce present and future flood damages and enhance the quality of surface and ground
water.
Policy: Establish standards for storm water runoff quantity from new and
re -developments consistent with RCWD, Vadnais Lake Area Water
Management Organization (VLAWMO) and NPDES Phase 11 requirements.
Policy: Conduct conveyance and floodplain analyses.
Policy: Implement and enforce a program to detect and eliminate illicit discharges as
defined in 40 CFR 122.26(b)(2).
Policy: Preserve ground water recharge areas in cooperation with Anoka County.
✓ Water Quality Goal - Protect and improve water quality and the scenic and ecologic
values of City lakes.
Policy: Preserve and improve the recreational resources associated with water.
Policy: In cooperation with RCWD and VLAWMO, establish Maximum Acceptable
Nutrient Concentrations (MANC) in streams contributing runoff to recreational
lakes.
Policy: In cooperation with RCWD, adopt standards for storm water runoff quality
from new and re -developments.
✓ Natural Resources Goal - Prioritize the important natural resources of the City and to
preserve key components and characteristics of the terrestrial and aquatic communities
necessary for basic ecosystem function.
Policy: Manage water resources in a manner consistent with the need to maintain a
diversity of plant and animal species.
Policy: Assess and monitor colonization and continued distribution of harmful exotic
species within City lakes and wetlands.
Policy: Maintain riparian buffers along waterways within the City.
Policy: Encourage orderly development of shoreline areas around lakes.
ES -2 12608-01
✓ Wetlands Goal - Protection of City wetlands in accordance with current rules and
regulations.
Policy: Provide leadership in the management of wetland resources by coordination
with RCWD and VLAWMO.
✓ Erosion and Sedimentation Control Goal - Develop proper mitigation measures to
allow disturbed environments to recover as quickly as possible.
Policy: Establish erosion control practices for new and re -developments.
✓ Public Participation, Information and Education Goal - Enhancement of cooperation
and sharing of information between various levels of government to enhance efficiency
and reduce the likelihood of duplication.
Policy: Maintain effective and efficient programs and efforts through effective
stakeholder communication and coordination with Local, State and Federal
Agencies.
✓ Monitoring Goal - Develop data needed to assess baseline watershed conditions to
deal with development and provide a technical basis for City projects.
Policy: Develop a City-wide Resource Monitoring Plan in cooperation with other
govemmental agencies and citizen's groups.
Policy: Implement the Resource Data Monitoring Plan.
✓ Maintenance and Inspection Goal — Protection of City water resource infrastructure.
Policy: Develop and implement a Plan for the regular inspection and maintenance of
public water resource infrastructure.
Policy: Develop a policy for the inspection and maintenance of privately constructed
water resource infrastructure.
Policy: Implement the Maintenance and Inspections Plan.
Policy: Develop and implement a training program to prevent or reduce pollutant
runoff resulting from City operations.
Policy: Reporting.
✓ Finance Goal - Establish funding mechanisms for Plan implementation.
Policy: Identify funding sources to support implementation of the City Water
Resource Plan.
Policy: Develop a five-year Storm Water Capital Improvement Plan (CIP).
The Plan also supports Anoka County in fulfillment of its responsibilities for ground water
protection. Similarly, the City will support the RCWD and VLAWMO roles in wetland protection
under the Minnesota Wetland Conservation Act of 1991, and in its administration of a
construction permit program. Within this context, the Plan develops objectives and action items
that will support its policies. Plan implementation is organized into three categories. First priority
objectives focus on the key issues of financing the Plan's implementation and basic water
quantity and quality planning objectives that will form the basis for Plan implementation. Building
on this, second priority objectives are those the City can effectively accomplish and include
ES -3 12608-01
annual activities, water resource monitoring and analyses, and projects. With this information,
the finance goal objective of developing a Capitol Improvement Plan is facilitated and included
in this set of priorities. Third priority objectives can be more effectively implemented by other
government agencies or private groups.
The Plan also estimates implementation expenditures on a task and annual basis. Once the
revenue sources are identified and a CIP is prepared, these estimates can be refined.
Finally, the Plan recognizes the need for flexibility and, therefore, establishes criteria for
amendments. In addition, it calls for the development of Annual Work Plans and five-year
updates to address changing conditions, such as annexation.
ES -4 12608-01
LINO LAKES CHARTER COMMISSION
THURSDAY
October 12, 2006, 2004
Community Room
6:30 P.M.
1. Call to Order and Roll Call 6:30 PM
2. Approval of Agenda 6:31 PM
3. Open Mic 6:32 PM
4. Approval of Minutes:
July 13, 2006 6:33 PM
5. Old Business
A. Road Reconstruction and Council Response 6:34 PM
Postpone to January 2007 Charter meeting
B. Outcome of city staff and city council 6:35 PM
actions with Pending Charter Amendment, Gordon Heitke, City Administrator
C. Review of city council decision, Commissioner Dahl
6. Ongoing reports updated quarterly: Gordon Heitke, City Administrator
A. Five Year Plan 7:03 PM
(stated in minutes of July 13, 2006, lines 142 and 143)
1) Discussion
B. Finished Report on Quality of Life Survey 7:23 PM
C. Surface Water Management Plan 7:24 PM
1) Discussion
7. New Business
A. A Charter report Commissioner Dahl 7:39 PM
Hand outs at meeting
B. Discussion of Three Charter Commission Meetings 8:00 PM
per year, Commissioner Storberg
C. Pledge of Allegiance, Commissioner Dahl 8:20 PM
8. Set Agenda for January 2007 Meeting 8:25 PM
Adjourn 8:30 PM