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Home My WebLink About04-11-1996 Charter Packet r AGENDA LINO LAKES CHARTER COMMISSION THMSDAY APRIL 119 1996 7:00 P.M. 1. Call to Order and Roll Call A. Introduction of New Members 2. Consideration of Minutes: A. August 8, 1995 (Still missing) B. January 11, 1996 3. Reports: A. Cities with Similar Charters B Chapter 8 Language C. By-Laws 4. New Business A. Roles and Responsibilities 5. Other Business A. Set Agenda for July Meeting 6. Adjourn -CHARTER COMMISSION MINUTES 1/11/96 MEETI!`'G CALLED TO ORDER AT 7 : 10 PM BY CHAIR PAUL MONTAIN. ROLL CALLrTAKEN BY AL DE MOTTS (SEC) MEMBERS PRESENT:' ,BOB BENNING,MARK BENSON,CHRIS BERNIER,AL DEMOTTS , DON DUNN,PAUL MONTAIN, JOYCE SCHARPEN,RON SOLFEST,JOHN SULLIVAN, JACK STOULIL, 7: 20 DIANA TURNER 7 : 35 (TARDY) ABSENT: ROBERT DOOCY RICH LAFOND (EX) CHANGES IN 11/30/95 MINUTES 1 . MARK BENSON NOT LISTED AS ATTENDING & WAS PRESANT AT MEETING 2. ' PARAGRAPH ON AMENDMENT CHANGED THAT OPINION CAME FROM THE AUDIENCE. HAD THE AMENDMENT SPECIFIED THAT THE FUNDS COULD ONLY BE USED FOR ROAD REPAIR/IMPROVEMENTS LEAVING THE REST OF THE CHARTER AS IS, IT'WOULD HAVE PASSED. 3. CHANGE DATE FOR MISSING MINUTES FORM 8/8/95 TO 8/30/95 . 4. WITH THESE CHANGES MOTION WAS MADE BY BOB BENNING , 2nd BY DON DUNN TO EXCEPT THEM, MOTION CARRIED. LETTER TO JUDITH MICHAUD ABOUT DISMISSAL FROM COMMISSION DUE TO LACK OF ATTENDANCE TO MEETINGS,WAS READ BY MEMBERS IN ATTENDANCE . 4or 5 LETTERS FOR APOINTMENT WERE GIVEN TO MARLYN TO SEND TO THE ANOKA` CO. JUDGE FOR THE 2 OPENINGS . DISCUSSED LETTER FROM CHARTER TO MET COUNCIL WITH OPINION FOR THE` LAND SWAP. ON 12/8/95 PAUL TALKED TO ERIK & ART AT THE LEAGUE OF CITIES ON HOW MANY CHARTER CITIES IN STATE THERE ARE 108 CITIES . PAUL TALKED TO PAUL HARRINGTON ACTING ADM- OF MOUNDS VIEW ON THEIR CHARTER AND WAS TOLD. THEY .HAD NOT TRIED IT ON THEIR ROADS AS YET. AL CALLED LEAGUE OF CITIES AND GOT A LIST OF ALL 108 CHARTER CITIES IN M.INN.. HANDED OUT COPIES OF LIST OF .WHICH WE. SORTED OUT 16 CITIES TO CONTACT HAVE CLOSE TO THE POPULATION OF OUR CITY. JACK ,MADE- A MOTION ;2nd BY JOYCE FOR RON TO MAKE FIRST CONTACT TO LEAGUE,THEN CONTACT AL,WHO WILL ' THEN CONTACT DON,JACK,& JOHN WITH' INFORMATION WE GET FROM THE LEAGUE. CHRIS CONTACT OF- LAKE ELMO ,FOUND TO BE A STATUTORY •CITY. WAYS TO SIMPLIFY CHAPTER 8 OF- CITY CHARTER .BY RICK & RON CARRIED OVER TO NEXT. MEETING.. DAVE .STORBERG DISCUSSED CHARTER CHAPTER 8 WITH COMMISSION: PAG NEW BUSINESS APPOINTMENTS.' TO CHARTER TO COINCIDE WITH CITY ELECTIONS,STARTING AND ENDING TERMS OF CHARTER COMMISSION MEMBERS NEED TO BE CHANGED IN ,THE BY LAWS MOTION MADE BY' RON, 2nd BY DIANA FOR BOB BENNING TO CHECK INTO ,.THE BYLAWS & STATE STATUTE ON CHANGING THE BYLAWS ON CHARTER MEMBE! TERMS STARTING. DATES. &ELECTION OF OFFICERS. DIANA 'VOLUNTERED TO TALK TO CITY ABOUT MORE EXPOSUER TO MEETING: BOB TO WORK W SCHEDULING OF MEETING DATES/WITH NOTIFICATION IN THE BYLAWS SO 'CITY PEOPLE ARE NOTIFIED OF MEETINGS IN THE CITY NEWS LETTER. COMMISSION SHOULD HAVE A SECURE AREA TO STORE RECORDS , MATERIALS,ANI HAVE A FILING SYSTEM FOR MINUTES,PACKETS,AND MATERIALS . BOB MADE A MOTION„ 2nd BY DON & CHRIS FOR DIANA TO MAKE UP MODEL OF NAME PLATES FOR CHARTER MEMBERS . MOTION CARRIED. DISCUSSED EXCUSED ABSENSES, HOW MANY & WHAT IS ? RON MADE A MOTION , 2nd BY DIANA & CHRIS TO TAKE CARE OF THEM AS THEY OCCUR. MOTION CARRIED. APRIL 11/95 MEETING AGENDA 1`. RON SOLFEST TO MAKE NOTES ON AUG. 30/95 MEETING 2. CORRECTED MINUTES OF NOVEMBER 30/95 MEETING 3 . RON,AL,DON,JACK. & JOHN INFO.ON OTHER CITY CHARTERS. 4-RON & RICH LANGUAGE ON CHAPTER 8 5. 80B TO CHECK INTO AMENDMENT OF BYLAWS OF THE COMMISSION. 6`:DSANA NAME PLATES & COMMUNICIATION 7`.. 'PAUL TO CHECK INTO IMPROVING FILING SYSTEM & STORAGE. 8.PAUL TO CHECK WITH E.D'.A.B'. MOTION TO ADJOURN MADE -BY JOYCE, 2nd BY RON AT 9 : 20 pm MOTION CARRIED. P.S . WE MAY HAVE A SPECIAL GUEST. INA LILJEDAHL, ONE OF THE MEMBERS WHEN THE FIRST CHARTER WAS WRITTEN THESE MINUTES ARE WRITEN BY AL' DE MOTTS C IT Y OF I0 LAI E8 FACSIMILE TO Sue Westphal, Legal Publications FAX NO. 429-1242 DATE January 22, 1996 FROM Marilyn Anderson, Clerk-Treasurer CITY FAX. 464-4568 CITY TELE. 464-5562 NO. PAGES (including cover) : 2 TIME 12:40 P.M. MESSAGE: Please publish the attached Notice of Vacancy on the Charter Commission in the January 30, 1996 edition of The Quad Press. Would you also print this notice in the "News Briefs". Thank you for your attention to this matter. 1189 MAIN STREET,LINO LAKES,M 4NESOTA 55014 612-464-5562 FAX: 612-464-4568 C I T Y OF IO LAW FACSIMILE TO Melanie, Legal Publications FAX NO. 464-4605 DATE January 22, 1996 FROM Marilyn Anderson, Clerk-Treasurer CITY FAX. 464-4568 CITY TELE. 464-5562 NO. PAGES (including cover) : 2 TIME 12:15 Noon MESSAGE: Please publish the attached Notice of Vacancy on the Charter Commission in the February 1, 1996 edition of The Times. Would you also print this notice in the "News Capsules". Thank you for your attention to this matter. 1189 MAIN STREET,LINO LAKES,MINNESOTA 55014 612-464-5562 FAX: 612-464-4568 i • a CITY OF LINO LAKES CHARTER COMMISSION VACANCY ANNOUNCED The Lino Lakes Home Rule Charter Commission is announcing that a vacancy exists on the Charter Commission. The term of this vacant position will be one and one-half years to complete a four(4)year term. Any Lino Lakes resident who wishes to serve on the Charter Commission should write a letter addressed to Mr.Paul Montain, 6510 Centerville Road, Hugo,Minnesota 55038. .he`letter should contain name, address and telephone number. The applicant should also indicate why he/she would like to serve on the Charter Commission. All applications should be post marked no later than February 15, 1996. Marilyn G.Anderson,Clerk-Treasurer LAW OFFICES OF William G. Hawkins and Associates Legal Assistant 2140 FOURTH AVENUE NORTH WILLIAM G. HAWKINS WENDY B. DEZELAR ANOKA,MINNESOTA 55303 BARRY A. SULLIVAN PHONE(612)427-8877 July 2, 1996 Mr. Kirk Corson 6662 Ruffed Grouse Road Lino Lakes, MN 55014 Re: Charter Requirements for Improvements to Existing Roadways Dear Mr. Corson: I am responding to your letter of May 16, 1996 for my legal opinion concerning the applicable sections of the Lino Lakes City Charter, City Code and State Law for improvements to existing streets including reconstruction, replacement and upgrading. In your letter you raised the question of the applicability of Minnesota Statute, Chapter 429, Chapter 6 and Chapter 8 of the Lino Lakes City Code. I believe Chgpter 7 is the operative section as opposed to Chapter 6 cited in your letter which merely deals with administrative items. The first question that must be addressed is whether or not the proposed construction activity for the street constitutes routine maintenance or is an improvement. It would be my opinion that, if the construction activity lengthens the useful life of the road and results in market value increase to the adjacent properties, it would be deemed a local improvement and would be governed by Chapter 8 of the Lino Lakes City Charter. Construction activity such as widening the surface of roadways, placing a second lift of blacktop on streets, or removal of existing road surfaces and replacement with new blacktop would constitute improvements. Maintenance items would be those activities which are normally anticipated at the time of the initial construction of the roadway in order to allow the roadway to reach its normal useful life. Maintenance items would be pothole repair and sealcoating of roadways, restriping and regrading of gravel shoulders. Routine maintenance items as those listed above would not be governed by Chapter 8 since they are not be deemed Improvements which would increase the market value of adjacent properties. Such maintenance items soul& a paid from the general fund. Section 8.02 of the Charter and City Code Section 303, Subd. 1 define local improvements as 'public improvements financed partly or wholly from special assessments." Section 8.02 requires that any improvement of this nature must be carried out exclusively under the provisions of the Lino Lakes City`t-harter. Therefore, if a road improvement plan results in benefits which would be specifically assessed to abutting households, Chapter 8 of the Charter would govern the procedures. Minnesota Statute 429 is not the primary governing legislation in this area, however, Mr. Kirk Corson July 2, 1996 Page 2 various sections of the M.S. 429 are incorporated by reference to the Lino Lakes City Code through the adoption of Code Section 303. Section 8.04 governs the procedure for special assessments of public improvements which will be financed partly or wholly from special assessments. If the cost of the improvement is not assessed 100% to the benefited properties, subdivision 2 of the section requires that the city council must hold an election on the proposed local improvement and assessment formula. Therefore, if it is the intent of the city to establish a street reconstruction plan which specifically assesses a portion of the cost and funds the remainder from general funds, this funding plan would have to be submitted to the residents for approval In summary, it is my opinion there is a mechanism in the charter which would allow improvements to existing streets. The procedures that must be followed by the city are more cumbersome than those found under Minnesota Statute 429, however, the decision concerning the necessity for changes to these provisions should be made by the charter commission and the council. ncerely, William G. Hawkins City Attorney WGH:wbd