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HomeMy WebLinkAbout07-08-1999 Charter Minutes Charter Commission July 8, 1999 Page 1 CITY OF LINO LAKES CHARTER COMMISSION DATE : July 8, 1999 TIME STARTED : 7:10 P.M. TIME ENDED : 9:10 P.M. MEMBERS PRESENT : DeMotts, Dunn, Aldentaler, Kenfield, Lane, Trehus, Montain, Sullivan, Bening,Rebbine, Corson, Turner, and Dahl MEMBERS ABSENT : Bernier and Zastro STAFF MEMBERS PRESENT : City Administrator, Linda Waite Smith CALL TO ORDER AND ROLL CALL Chair Montain called the regular meeting of the Lino Lakes Charter Commission to order at 7:10 p.m. on July 8, 1999. CONSIDERATION OF MINUTES April 8, 1999 Mr. Dunn corrected paragraph 3,page 2, to read"Mayor Sullivan stated that in the long term the City needs to find options for road reconstruction in case voters do not pass the referendum". Mr. Dunn also corrected paragraph 8, page 2, to read "It is the Charter Commission's responsibility to ensure the Council does not spend dollars from the General Fund inappropriately". MOTION by Commissioner Sullivan, seconded by Commissioner Trehus,to accept the amended version of the Charter Commission minutes of April 8, 1999. The motion carried with Rehbine, Corson, and Turner abstaining. APPEARANCES Ms. Waite Smith distributed a memo which gave an update on the status of the item that were discussed at the April 8, 1999, Charter Commission meeting. She reviewed the memo and noted the following items: 1 Charter Commission July 8, 1999 Page 2 Road Reconstruction Five-year Plan - The City Engineer has confirmed that he is already following a five-year plan that spans the years 1998 to 2003. The plan was developed after rating all the City's roadways and includes a map that is color-coded to identify each year's projects. There was no major road reconstruction this year. However, the City Engineer will be requesting a feasibility study for the year 2000 road reconstruction in the Shenandoah neighborhood. It is anticipated to be on the ballot this fall. Commissioner Kenfield stated it is very late to be putting things on this year's ballot. Ms. Waite Smith stated she will speak to the City Engineer regarding that concern. Commissioner Rehbine asked if a feasibility study is needed for every project. Ms. Waite Smith stated a feasibility study is necessary for all projects. Lakes Addition - Reconstruction of Lakes Addition is complete except for a punch list of minor patching and resolving any outstanding homeowner complaints. Most of the complaints received have been about changes in elevations of the roadways. In the future the City needs to make sure residents are better prepared for this. Another problem was the fact there was only one means of ingress and egress. The City Engineer will be sending a mailing to each property owner asking for suggestions to improve the process for the next reconstruction project. The flat assessment amount per property will be $3045. Financial Planning Five-year Plan- At the April 8, 1999, Charter Commission meeting,the Commission was supplied with a draft outline of a Five-year Financial Plan for the City. Since then, departments have prepared draft objectives for their service areas. The City Council will be asked to approve the objective at the August 12, 1999, budget work session. The Charter Commission was supplied with copies for their information. All departments have also projected staffing needs for the next five years and financial estimates for those projects were included. This is the first step in projecting changes in service levels and costs for the next five years. A copy of the staff projections is attached to the memo. The Five-year Capital Improvement Plan is being updated and the department requests for the Year 2000 operating budget are due July 9, 1999. 2 Charter Commission July 8, 1999 Page 3 Audit- The exit interview with the City's audit firm occurred today. The firm will make its official report to the City Council in the near future. Bond Refinancing - On July 12, 1999,the City Council will also authorize Springsted Public Finance Advisors to pursue refinancing of several outstanding bond issues. The combined interest savings due to lower current interest rates will save the City (and its taxpayers) about$200,000 over the life of the bonds. The refinancing does not extend the duration of the bonds. Gas Franchise Fees - The City has an expired franchise agreement with Minnegasco. The agreement does not require payment of fees. On July 12, 1999,the City Council will officially authorize the City Administrator to negotiate a new agreement that includes collection of a fee. In the same action,the Council will direct that at least 50% of any new franchise fees collected (net of direct expenses)be dedicated to the road reconstruction fund. Commissioner Corson asked if the franchise fees from Circle Pines will also go to the road reconstruction fund. Ms. Waite Smith advised those fees are already in the budget and accounted for. Any new franchise fees will be allocated to the road reconstruction fund. Commissioner Rehbine asked if franchise fees are typically put in to the General Fund. Ms. Waite Smith advised every City does things differently. However, franchise fees are typically put into the General Fund. Chair Montain asked for an estimate of new franchise fees. Ms. Waite Smith stated that based on a rough calculation, the City could acquire $60,000 per year from Minnegasco. Comprehensive Plan Members of the City Council have not reached consensus about how much MUSA acreage should be requested in the Comprehensive Plan. In addition, two other issues are outstanding: regulatory mechanisms to implement the Plan and"checkerboard" development that doesn't maintain at least 40% open space. Everything except the MUSA recommendation has been submitted to the Metropolitan Council. The Council will not proceed to formally review our submittal until the City provides the MUSA recommendation. At this point, even if the Council reaches agreement in the next month, the City's submittal is at the end of a long line to be reviewed. Chair Montain asked if the Five-year Plan will be helpful to the City's administration. Ms. Waite Smith stated the Five-year Plan is an excellent tool and is a very positive thing. 3 Charter Commission July 8, 1999 Page 4 Commissioner Rehbine asked why there is controversy regarding MUSA numbers because the MUSA numbers are based on a formula. Ms. Waite Smith stated the requested number of MUSA acres is based on planned development and overages. There is disagreement between the Council Members regarding development and how much MUSA is needed. Commissioner Sullivan stated at the April 8, 1999, Charter Commission meeting there was only one outstanding issue regarding the Comprehensive Plan. It seems as there are now three outstanding issues. The regulatory mechanisms will be in place when the City changes ordinances to comply with the Plan. He asked where the"checkerboard" issue came from. Ms. Waite Smith stated the other two outstanding issues were discussed one week after the joint meeting was held with the Charter Commission. Some of the Council Members do not see these as outstanding issues. Commissioner Dunn stated the MUSA allocation was discussed at a Council work session. The multiplier used in the formula was changed to hopefully reach a consensus. He stated it appears that zero issues have been resolved and the City is at least a year away from having a Comprehensive Plan. Ms. Waite Smith stated the consultant was present at the last work session to discuss the MUSA numbers regarding wetlands and undevelopable land. The Council is continually trying to reach a consensus. Commissioner Dahl stated she attended the Metropolitan Council's seminar in Rochester. At that time 120 cities had not submitted a plan. Commissioner Turner asked if the Charter Commission can take action regarding the Comprehensive Plan. Chair Montain stated that as long as the Council is discussing the issue they are doing their job. Commissioner Rehbine asked if a minimum of 40% open space will blend well with the Metropolitan Council's blueprint for the area. Commissioner Kenfield stated 40% open space does not necessarily mean a low population density. It can allow for multi-housing with a common open space. Commissioner Dunn stated that if the lack of a Comprehensive Plan results in financial stress for the community the Charter Commission must get involved. Springsted Financial has indicated that a lack of a Plan is a financial problem for the City. Ms. Waite Smith stated a certain level of development is needed. Springsted has expressed the concern that not having a Comprehensive Plan can impede development which would affect the tax rate. 4 Charter Commission July 8, 1999 Page 5 Commissioner DeMotts noted that many cities who have not submitted a plan may not want to submit a plan. Ms. Waite Smith asked the Commission if anything is needed from her for the October, 1999, meeting. Chair Montain nothing is needed at this time. He thanked Ms. Waite Smith for the information and her time. Commissioner Corson suggested the City look into obtaining a franchise fee from cable companies. OLD BUSINESS ROAD RECONSTRUCTION Commissioner Corson stated it may be in the City's best interest to obtaining project bids early in the year to receive the best price. Chair Montain stated discussion have been held regarding bundling project bids or obtaining bids for projects separately. Commissioner Corson stated a request should be made to the City Engineer about obtaining bids in February of each year. The City could save approximately 20% on projects if bids are obtained early. Commissioner Dunn noted that if a project is on the November ballot,bids could be obtained in February. FIVE-YEAR CAPITAL IMPROVEMENT PLAN Chair Montain stated good progress is being made on the Five-year Plan. An update regarding the Plan will be on the October agenda. The Charter Commission should monitor the Plan for the next few years. Commissioner Dunn stated results can be obtained regarding the Plan after the August 12, 1999, budget work session. Commissioner Sullivan suggested a committee be formed to review the draft of the Five-year Plan to make sure it meets all the Charter requirements. Chair Montain stated the Plan will be reviewed at the October, 1999, Charter Commission meeting. Implementation of the Plan will also be reviewed. 5 Charter Commission July 8, 1999 Page 6 CHARTER LANGUAGE, CHAPTER 8 Commissioner Sullivan stated the Commission was to review the third draft this evening to go to the voters in November, 1999. Because it is behind schedule, changes cannot go to the voters this year. The options include taking what has been done and using that as reference material or stopping the project now. He noted a motion to stop the project failed at the last meeting. Commissioner Sullivan stated that any more questions for Mr. Addicks to be included as part of the third draft are needed within the next week. At that point the Commission can determine whether or not to proceed. Mr. Bill Custer, resident of Lino Lakes for three years, introduced himself. He stated he is present this evening because he has an interest in the Charter. Mr. Rob Rafferty, resident of Lino Lakes, stated he is present because he also has an interest in the Charter and the Comprehensive Plan. He stated he is interested about how the City Council takes information from the Charter Commission. Chair Montain stated about half of the Commissioners are up for reappointment this year. Commissioner Kenfield explained the process required to become a Charter member noting the term is for four years. Chair Montain stated if anyone has comments regarding Chapter 8, Charter Language to contact Commissioner Sullivan. Commissioner Sullivan will be submitting the document for a third draft. Commissioner Turner encouraged the Commission to pursue the changes. If changes are not possible a supplement should be included in the Charter. Commissioner Dahl suggested the Commission meet with the original writers of the Charter. A clarification regarding some of the terms used in the Charter could be obtained. Commissioner Kenfield suggested a list of questions be put together then ask for clarification from a couple of the original writers. Chair Montain expressed concern regarding the original writers having memory of the original intent. The Charter was written 17 years ago. Commissioner Kenfield asked if the attorney will determine if the intent is being changed. An impartial opinion could be beneficial. Commissioner Sullivan stated the Charter Commission members must make that determination. 6 Charter Commission July 8, 1999 Page 7 Chair Montain asked everyone to review the second draft and contact Commissioner Sullivan with any changes or questions. This issue will be a major item of discussion at the October, 1999, meeting. Commissioner Trehus asked that the members think about whether or not a list of items that can be assessed by included in the Charter. He noted that he does not believe a list should be included. Commissioner DeMotts added that assessments are not tax deductible. Commissioner Sullivan stated that he has the copy of Commissioner Kenfield's corrections and questions for the entire Charter. Chair Montain stated that will be reviewed at the October, 1999, meeting if time permits. Commissioner Kenfield indicated she will speak to Ms. Anderson about obtaining the program that the Charter is on. She will make plug the corrections into the program and distribute copies to everyone. COMMUNICATION Chair Montain stated the Commission has not done much regarding this issue. He asked if this is an issue at this time and if it should remain on the agenda. Commissioner Turner stated she has been responsible for communication. Because of her lack of time, not much has been done. Because of this, she is resigning from the Commission. Chair Montain stated he is surprised and disappointed. He wished Commissioner Turner well and stated she will be missed. He indicated he will let City Administration know of her resignation. A public notice will go out and an ad will be run regarding the vacancy. Commissioner Dahl stated Mr. Tesch indicated he has no problem with a information sheet about the Charter being included in welcome packets. Commissioner Turner indicated she will develop an information sheet. She stated she will take excerpts from the articles that have been in the paper. More detailed information can come from the Charter summary. It was determined that the developed information sheet will be reviewed at the October, 1999, meeting. NEW BUSINESS 7 Charter Commission July 8, 1999 Page 8 WARD SYSTEM AND TERM SYSTEM Commissioner Dunn stated the City has matured to the point where a ward/precinct system may be needed to divide the four elected officials within the City for equal representation. He asked the Commission for an expression of opinion regarding this issue. He indicated he is willing to be part of a subcommittee to review and study the issue. Commission DeMotts noted the City should have six precincts but there is not room for them. Commissioner Bening noted the number of precincts will be based on the 2000 census. Commissioner Dunn stated the Charter Commission should determine if"at large" or the ward system is best. Commissioner Bening stated that he agrees a subcommittee should be formed to study the issue. The way other cities do it should be investigated. The goal should be to study the issue, report back with information, and determine if it is feasible. If it is feasible it could be voted on in the off year election to become effective 2001. Commissioner DeMotts indicated he is willing to serve on the subcommittee. He noted that more than one precinct can be in a ward. Commissioner Kenfield asked if the current Charter supports a ward system and if the issue is part of the Charter Commission's charge. Commissioner Dunn advised that determination would be part of the legal analysis. He stated the issue is the responsibility of the Charter Commission. Commissioner Trehus stated there are drawbacks to the ward system. The ward system does limit your choices as to who you can vote for. With the "at large" system voters have better choice. Commissioner Dunn stated the Commission needs to decide if a ward system is a good idea and how it can be implemented. A study would need to be done. Commissioner Sullivan asked why the Charter Commission would be involved in this and what section of the Charter would have to be amended. Commissioner Dunn stated an analysis would determine if a ward system could be implemented. Commissioner Dahl stated that with a ward system the City would have to have six elected officials. The ward system can put neighbor against neighbor. She indicated she is not in favor of a ward system. 8 Charter Commission July 8, 1999 Page 9 Commissioner Kenfield stated it is beneficial to be informed. Any change in the system could be a very long process. Information should be gathered now. Mr. Rob Rafferty,came forward and stated any change in the Charter is a scary thing. He asked if a ward system would then be implemented for other City Boards. The City elections works well as it is. There are too many other issues within the City that need attention. Chair Montain noted that ward systems are not necessarily limited to large cities. Some townships are using a ward system. MOTION by Commissioner Corson, seconded by Commissioner Bening, to look into the idea of the City using a ward system. Commissioner Rehbine clarified the issue would only be studied. Nothing is being changed. Commissioner Trehus expressed concern regarding the investment of time studying the issue. In the past an issue is reviewed and because the investment of time is made the issue isn't dropped. The MOTION carried with Commissioner Trehus, Dahl, Lane, and Chair Montain voting no. MOTION by Commissioner Corson, seconded by Commissioner Kenfield, to develop a subcommittee consisting of Commissioner Dunn, Bening, and DeMotts, to study the idea of a ward system. Motion carried with Commissioner Dahl, Lane, and Trehus voting no. FRANCHISE (GAS) Chair Montain stated Ms. Waite Smith addressed this issue. He asked the Commissioners to review Chapter 10, page 26, of the Charter which addressed City franchise fees. OTHER The Commission had no other issues to discuss. SET OCTOBER 14, 1999 AGENDA Current Member Roster Five Year Plan Update Ward System Report Charter Language, Chapter 8 Clerk/Treasurer Position Communications Review of Section 3.01 regarding M.S. 471.075 Commissioner Kenfield stated it would be helpful to receive the minutes from City Boards earlier to have time to review before meetings. 9 Charter Commission July 8, 1999 Page 10 Chair Montain stated he can get his packet in a week earlier,the Commission would receive their information earlier. ADJOURN MOTION by Commissioner Turner, seconded by Commissioner Dahl,to adjourn the meeting at 9:10 p.m. Motion carried unanimously. Respectfully submitted, Kim Points Timesaver Off Site Secretarial, Inc. 10