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HomeMy WebLinkAbout12-30-1987 Charter AgendaCHARTER COMMISSION AGENDA Wednesday, December 30, 1987 7:00 P.M. 1. Call to Order and Roll Call 2. Request to Amend Charter Regarding Elections Ordinance No. 23 - 87 3. Request by City Engineer for Charter Changes 4. Fiscal Agents Request for Charter Changes (material will follow on December 23, 1987) 5. Mayor Benson's Concerns 6. Other Business 7. Adjourn CHARTER COMMISSION NAME Kay Murphy 6373 Hodgson Road 55014 Eugene E. Blomquist 255 Ash Street 55014 Richard J. Bollig 6909 Sunrise Avenue 55014 Mary Bunker 6833 Sunrise Avenue 55014 Jathes P annery 13:1 H. ly Driv 550 Jerry Hanson 1174 Main Street 55014 Bernice Juleen 7109 Lakeview Avenue 55014 Delbert Kincade 6917 Sunrise Avenue 55014 Jan Apitz 6013 Hodgson Road 55014 James Livingston 7156 Sunset Avenue 55014 David Storberg 6978 Lake Drive 55014 Wendell:Ostlie 7420 Lake Drive 55014 Vernon F. Reinert 6766 East Shadow Lake Drive John Benson 6347 Red Maple Lane 55014 Robert Rud 1182 Main Street 55014 REGULAR MEETING DATE : REGULAR MEETING TIME : REGULAR MEETING PLACE: TERM OF OFFICE 55014 POSITION Member Member Member Member Member Member Member Member Member Member Member Member Member Member PHONE 484-6613 484-1964 784-3269 464-5035 784-4698 784-9449 484-9273 784-1866 780-2483 784-8786 429-4616 482-9025 464-4386 At leas* Once a Year 7:00 P.M. Lino Lakes City Hall By Appointment by Anoka County Judge Charter Commission Meeting September 30, 1986 Members Present: James Flannery, Chair, Kay Murphy, Sec., Vern Reinert, Dave Storberg, Wally Ostlie, Richard Bollig, Delbert Kincade, Gene Bloomquist City Staff : Randy Schumacher, City Administrator Issue Number 1: Filing for Election Change in state law , therefore change in City Charter Amend: Filing for Office of the Lino Lakes Home Rule Charter amended to read as follows: No earlier that fifty six (56) days and not later than forty two (42) days -before any municipal election, any resident of the City qualified under State Law for elective office may, be filing an affidavit and by paying a filing fee to the Clerk -Treasurer in an amount as set by Ordinance,or by means otherwise permitted by State Law, have his/her name placed on the municipal election ballot. Motion made by Richard Bollig, seconded by Dave Storberg. Issue Number 2: Section 8.04 Subdivision 2, Improvement Projects Amend the Lino Lakes Home Rule Charter to read as follows: Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty (120) days after the conclusion of the public hearingsf, submit the proposed local improvement and,,its assessment formula to the voters of the City. If no election is scheduled during such one hundred twenty (120) day period, the Council shall schedule a special election by which said improvement and its associated assessment formula can be submitted to the*City's voters. If a majority of those voting on said improvement, and associated assessment formula are opposed , the Council shall not proceed with the local improvement as proposed. Moved by Dave Storberg, Seconded by Delbert Kincade. ©:n;:the membership,of the Charter Commission, Mary Bunker had moved, Jerry Hanson was out of town on business, Bernice Juleen was absent, Jan Apitz was absent, Jim Livingston was absent, As was Mr. John Benson. Mr. Storberg brought up that individuals -:who presently hold city office, should resign their positions before trying to run for another. Jim Flannery suggested that Dave put his idea down on paper, and bring it to the next charter meeting. A letter will be sent out to all Charter Commission members to see if they want to remain on the Commission. If any vacancys are determined, a notice will be sent to the newspaper in order to fill the vacancy. The question was called for any new business, none. A motion was made to adjourn the meeting by Delbert Kincade, seconded by Mr.: Richard Ballig. Respectfully submitted by Kay A. Murphy:- DATE •December 18, 1987 TO Charter Commission FROM : Marilyn Anderson, City Clerk SUBJECT: Change in Time Period to File as Candidate for Election This last session of the Legislature changed state statutes regarding the time period when candidates may file affidavits of candidacy for municipal election. This legislative change also over -rules the City Charter so that I must follow state statutes rather than the Charter. The new state statute allows an extra two weeks between the end of the filing period and the election. This change allows City Clerks additional time to prepare the ballots and conduct absentee balloting as well as allows additional champaign time. The Secretary of State tells me that I must follow state law regardless of what our Charter states. However, I feel it would be much cleaner to just change the Charter to reflect state law. There can never be an error or pro- blem if the Charter and state law agree. I have enclosed a copy of the proposed Ordinance No. 23 - 87 which would amend the Charter if adopted by the City Council. The Council will not act on this change until or unless they receive a favorable recommendation from the Charter Commission. I will see that this Ordinance is placed on the next Council agenda if I receive a recommendation from the Commission to do so. Thank you for your consideration of this matter. alz c C, . �Y! roc �'L9-(11,� Marilyn G. Anderson, Clerk -Treasurer 1189 MAIN STREET, LINO LAKES, MN 55014 (612)464-5562 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 23 - 87 AN ORDINANCE AMENDING THE LINO LAKES HOME RULE CHARTER BY ALLOWING A LONGER PERIOD FOR ANY QUALIFIED RESIDENT OF THE CITY TO HAVE HIS/HER NAME PLACED ON THE MUNICIPAL ELECTION BALLOT. The City Council of the City of Lino Lakes does ordain: I. Chapter III. Section 4.02, Filing for Office of the Lino Lakes Home Rule Charter is amended to read as follows: No earlier than Seventy (70) days (10 weeks) and not later than fifty six (56) days (8 weeks) before any municipal election, any resident of the City qualified under State Law for elective office may, by filing an affidavit and by paying a filing fee to the Clerk -Treasurer in an amount as set by Ordinance, or be means otherwise permitted by State Law, have his/her name placed on the municipal election ballot. II. Save as above amended, said Lino Lakes Home Rule Charter shall stand as in- itially passed and as previously amended. III. This ordinance shall be in full force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council this day of , 1988. Benjamin G. Benson, Mayor Marilyn G. Anderson, Clerk -Treasurer TKDA ,112 151.5� ;c�� - �70 `T QFF A ENGINEERS ARCHITECTS PLANNERS MEMORANDUM To: T.OLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292-4400 FAX 612/292-0083 Randy Schumacher Reference: City Charter Revisions Copies To: Lino Lakes, Minnes,t� From: Ron Stahl berg Date: October 10, 1987 Commission No. 7777-007 Section 8.04, Subdivision 3, states that: If, after bids are received on the project, the proposed contract exceeds the estimated cost of the engineer stated at the public hearing held under subdivision 1 by more than ten (10) percent, the City Council may not award the contract for the proposed improvement, but may rebid the protect for one time only. The Engineer's Estimate prepared for a public hearing is based on many assumptions and the scope of a project changes from the time of the public hearing to the completion of the final plans and specifications. The estimate prepared based on the bid proposal form Is a more accurate reflection of the project cost. We will have projects that are petitioned for by the benefited property owners who may wish to proceed with the project after the bids are received even though the bids exceed the estimate by ten percent. We recommend that the City consider the following revisions to the City Charter. 1. Subdivision 3 be revised to read as follows: Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of the proposed improvement contains all of the evidence on which the Council shal 1 base their decision, the Council may by resolution, at any time between sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the improvement. if, h.Lhs..aLe LQdeJYQd on the project, the proposed contract exceeds the estimated cost of the engineer by more than ten (10) percent, the City_QQeneil m nQt_&koLd the cQniLLs iQL the RLQRQeed ImwwQYement. but may rebid the project for one time only. Memorandum Randy Schumacher October 10, 1987 Page Two 2. Chapter 8 of the Home Rule Charter be amended to add the following Section: Section 8.07. When under the provisions of Section 8.04, Subdivision 1, an improvement is petitioned for by a majority of the benef ited property owners and the low bid received exceeds the engineer's estimate by ten percent, such property owners may petition the City Council to proceed with the project. After such petition, the City Council may immediately award the proposed protect. 3. Section 8.06 be revised to read as follows: Section 8.06. When under the provisions of Section 8.04, Subdivision 1, an improvement is petitioned for by a majority of the benefited property owners, such property owners may after the mailing of notice of a public hearing and public hearing, petition to waive fifty (50) of the sixty (60) day waiting period. After such petition, the City Council may immediately order the proposed protect. RJ S:J city mb akes DATE December 18, 1987 TO Charter Commission Members FROM Marilyn G. Anderson, Clerk SUBJECT: Mayor Benson's Request Mayor Benson has indicated that he wishes to address the Charter Commission_ on the matter of future Council Members who wish to file for election as Mayor but still have two more years left— - as a Council Member. I have requested further information from City Attorney Bill Hawkins a.nd do plan to have this available for your review at the Commission meeting. 1189 MAIN STREET, LINO LAKES, MN 55014 (612)464-5562