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HomeMy WebLinkAbout10-09-2003 Charter Minutes Charter Commission October 9, 2003 Page 1 DRAFT CITY OF LINO LAKES CHARTER COMMISSION DATE : October 9,2003 TIME STARTED : 7:05 P.M. TIME ENDED : 9:27 P.M. MEMBERS PRESENT : Dahl,Aldentaler, Trehus,Vacha,Montain G. Lane,DeMotts, S. Lane,Bening, and Carlson MEMBERS EXCUSED : Rafferty, Zastrow MEMBERS UNEXCUSED : None STAFF MEMBERS PRESENT : Community Development Director, Michael Grochala (part), Economic Development Assistant, Mary Alice Divine (part), Finance Director, Al Rolek (part); and City Clerk, Ann Blair(part) CALL TO ORDER AND ROLL CALL Chair Montain called the regular meeting of the Lino Lakes Charter Commission to order at 7:05 p.m. on October 9, 2003. APPROVAL OF MINUTES August 14,2003 City Clerk Blair distributed a suggested revision to page 2,paragraph 7, regarding open meeting laws and e-mail in relation to Charter Commission issues. Commissioner Trehus stated he does not recall any discussion regarding archiving and record keeping. City Clerk Blair stated that is what the term"monitoring" referred to. She explained the regulations regarding monitoring and why the hard copy is required. She stated another option is to copy all e-mail to her and she could make a hard copy. She noted the open meeting restrictions advising that interaction between a quorum is in violation of the open meeting restrictions. Commissioner Bening stated the clarification should be added to the current meetings. The August 14, 2003 minutes should be approved with no changes. 1 Charter Commission October 9, 2003 Page 2 DRAFT Chair Montain advised the open meeting laws and e-mail issue would be discussed under new business. City Clerk Blair stated there is concern regarding the statement of hard copies. She suggested that statement be revised. Commissioner Dahl stated she did not have time to review the meeting tape. She suggested the City Clerk review the tape to make necessary revisions. She stated the minutes should be tabled until the revisions are complete. MOTION by Commissioner Dahl, seconded by Commissioner Bening, to table the August 14, 2003 minutes to the January, 2004 meeting. Motion carried with Chair Montain voting no and Commissioners S. Lane and G. Lane abstaining. SPECIAL BUSINESS RELATING TO REFERENDUM Discussion Relating to Referendum —Community Development Director Grochala referred to a City map pointing out the Charter exempt areas. He stated those areas do not have to go through Section 8 of the Charter. The section indicates there is no opt out of assessments except in existing residential uses. That provision has an impact on the City's bond rating. Mr. Steve Bubul, City Legal Consultant, stated the issue comes from federal regulations. The concern is that assessments are a type of loan. The City needs to be sure that everyone is being assessed on an equal basis. The rules need to be equitable for everyone. In the Charter exempt areas the rules are not consistent. Residential uses can opt out of assessments but the commercial uses can not. Because of that the City can not use tax exempt bonds for projects. Mr. Bubul advised the options are to eliminate the exempt areas altogether. Another option is to leave the exempt areas but have those areas comply to state law-meaning residents can't opt out of the assessments. Chair Montain stated those areas have substantial acreage with multiple property owners. The City is not proposing to do projects to the entire area. It seems as though the City anticipating problems that may never arise. Mr. Bubul stated that even if a project only affects one property owner, the City is still in violation because not everyone has the same rights. A third option is to eliminate the residential opt out and eliminate all residential properties within those areas. That option is only realistic if improvements there will not benefit any residential property. Commissioner DeMotts stated the City could eliminate Subdivision 3 of the Charter, which was added in 1993. 2 Charter Commission October 9, 2003 Page 3 DRAFT Community Development Director Grochala stated the intent is to get to the point where the City can utilize tax exempt bonds for projects within those areas. Commissioner Bening asked if the property owners have been notified. Community Development Director Grochala advised the property owners have not yet been notified. Staff wanted to discuss this issue with the Charter Commission before notifying property owners. Staff believes the City should eliminate the exempt areas. Staff will be making a recommendation to the Charter Commission in January. Finance Director Rolek distributed a letter from Springsted that outlined the distinction and impacts between taxable or tax-exempt bonds. Based on the outlined scenario, it would cost the City an extra $24,075 to $32,461 annually for 15 years for taxable bonds. Commissioner Bening stated the changes in the Charter were made in 1993 to help development in those areas. He asked staff why that has changed. Community Development Director Grochala stated it costs the residents in those areas more for projects because the residential and commercial property owners are not treated equally. The City needs to eliminate the Charter exempt areas altogether. Staff will determine how to proceed and bring a recommendation to the Charter Commission in January. Chair Montain stated it is hard to believe that the City would restrict those residents from opting out of assessments. He noted the two ways that the Charter can be changed and requested a staff recommendation for that aspect also. Community Development Director Grochala advised any changes would go through the City process. Property owners will be notified and public hearings would be scheduled. Commissioner Trehus suggested another option may be to extend the opt out to all property owners in those areas. Commissioner Carlson requested information on why the changes to the Charter were made in 1993. He also asked for information on the City being able to assess 100% of the projects if the areas are changed. The majority of the Commissioner's indicated they were undecided as to whether changes to the Charter should be made by the City Council and Charter Commission or go to the voters. Update on Fall Street Referendum—Community Development Director Grochala advised the City does have a fall street referendum. Information will be mailed to residents and neighborhood meetings are scheduled. The projects are the second phase of the City's street reconstruction projects. The areas include West Shadow Lake Drive and Shenandoah. 3 Charter Commission October 9, 2003 Page 4 DRAFT Commissioner Carlson stated he hopes that the information going out to residents explains that the referendum is a Charter issue. He asked how the property owner's assessments were determined for both projects. Community Development Director Grochala stated the information does refer to the Charter requirements. Inflation is a factor in the assessment amounts. However, the City does have to be sure not to assess more than the benefit to the property. Percentages of assessments vary from project to project. Commissioner Bening stated there is a large chunk of West Shadow Lake Drive that the whole Community has to help fund. He inquired about sewer and water in that area. Community Development Director Grochala stated sewer and water is a big question for West Shadow Lake Drive. Sewer and water were not included in the project although there is some interest from residents. If the referendum fails there is no street project so sewer and water is not an issue. If the project moves forward the City will initiate a feasibility study for sewer and water in that area. Reconstructing the street without sewer and water is an option because of the costs associated with those improvements. Chair Montain suggested that information regarding the referendum may not be going out soon enough according to Charter requirements. Commissioner Bening asked if a study would be done at Reshanau Lake regarding water quality if sewer and water were part of the project. Community Development Director Grochala stated water quality would improve somewhat if sewer and water were put in the West Shadow Lake Drive area. REPORTS OF THE CHAIR New Members/Legal Ramifications of Posted List(Chair Montain)—Chair Montain advised City Clerk Blair has been advertising for the Commission vacancies. However, no applications have been submitted. Commission Dahl stated she believes one application has been submitted and there are possibly two more that will be submitted. She indicated she has not discussed the issue of more advertising with City staff because she does not have the information on term vacancies and how many openings there will be within the Commission. Commissioner Bening advised he was going to get term expiration information from the City Clerk. He indicated he would have that information for the January meeting. 4 Charter Commission October 9, 2003 Page 5 DRAFT Chair Montain asked Commission members whose term expires this year to submit a letter if they are still eligible. The City needs to continue to advertise for the vacancies. He requested Commissioner Bening contact him after the term expirations are determined. Commissioner Dahl indicated she would discuss the advertising of openings with the City Clerk. Five-Year Plan (Chair Montain)— Chair Montain advised the Five-Year Plan is on the agenda as a reminder and to ensure the City Council is still working on it. REPORT OF COMMITTEES Archives Report (Commissioner Rafferty, Dahl and Trehus)—Commissioner Dahl stated she did talk to the previous City Administrator regarding a Charter web page. A City staff member will be taking course on web pages and it is possible she can develop a web page for the Charter Commission. Commissioner Dahl distributed a draft letter regarding Charter archives. She stated the letter will be sent to previous Commissioners if the current Commissioners are comfortable with it. She also requested that members contact her with names of former Commissioners. It was the consensus of the Charter Commission to move forward with the letter regarding Charter archives to former Commissioners. The Commission also determined the term "Charter Commission" should be included on the letterhead. UNFINISHED BUSINESS Report on Proposed Charter Amendments and Action (Commissioner Rafferty)—The Commission determined this item would be removed from future agendas. By-Laws (Commissioner Rafferty)— Chair Montain advised Commissioner Rafferty will not longer be working on this item. He requested Commission Bening give an update on the list of term expirations and limits at the January meeting. Review City Council Meeting Minutes for Charter Compliance—Chair Montain asked if the Commission noted any items within the City Council meeting minutes that are not in compliance with the Charter. He noted some member's did not receive copies of the minutes. He requested Commissioner Vacha and Commissioner DeMotts discuss that issue with the City Clerk. An update will be given at the January meeting. NEW BUSINESS 5 Charter Commission October 9, 2003 Page 6 DRAFT Chairman's Annual Report—Chair Montain advised the annual report was included in member's packets. He read the report noting it has to be submitted to the judge if the Commission approves the report. MOTION by Commissioner DeMotts, seconding by Commissioner Bening, to accept the Chairman's Annual Report, as presented. Motion carried. Chair Montain requested Commissioner S. Lane talk to the City Clerk about submitting the letter to the judge. By-Law Discussion —Commissioner Bening advised the clerk/treasurer term in the by-laws would be discussed at the January meeting. Open Meeting Law/E-mail—Commissioner S. Lane suggested members copy all e-mails to the City Clerk. Chair Montain advised clarification regarding the open meeting law and e-mails would be discussed with the City Clerk. An update will be given at the January meeting. Set January Agenda— Chair Montain advised the following items would appear on the January 2004 agenda: I. Call to Order and Roll Call 2. Approval of Minutes: A. October 9, 2003 3. Reports of the Chair A. New Members (Chair Montain) B. Five-Year Plan (Chair Montain) 4. Reports of the Committees A. Archives Report (Commissioner Rafferty, Dahl and Trehus) B. By-Laws/City Clerk/Treasurer Term (Commissioner Bening) C. Status of City Council Meeting Minutes (Commissioner's Vacha and DeMotts) 5. Unfinished Business A. Review City Council Meeting Minutes for Charter Compliance B. Open Meeting Law/E-mail 6. New Business A. Set April 2004 Agenda 6 Charter Commission October 9, 2003 Page 7 DRAFT 7. Adjourn Commissioner DeMotts noted the following meeting dates for 2004: January 8, 2004 April 9, 2004 July 8, 2004 October 14, 2004 Commissioner S. Lane stated there could be a conflict for many members with the July 8 meeting due to the holiday. She suggested that issue be discussed at the April meeting. ADJOURN MOTION by Commissioner Trehus, seconded by Commissioner Vacha,to adjourn the meeting at 9:27 p.m. Motion carried unanimously. Respectfully Submitted, Kim Points Timesaver Off Site Secretarial, Inc. 7