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HomeMy WebLinkAbout10-12-2006 Charter Packet2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ^ 44 45 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 2 3 4 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. 1, 1 RRb'f1N 66bzzR6 T S9 f 3rld HIV 0V T Z 30 I 330 Mb1 6:t7 T 900Z/22/60 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