HomeMy WebLinkAbout10-13-2005 Charter Packet AGENDA
LINO LAKES CHARTER COMMISSION
THURSDAY
October 13, 2005
Community Room
6:30 P.M.
1. Call to Order and Roll Call
2. Approval of Agenda
3. Open Mike
4. Joint Meeting with Council
(City Council will decide on Monday, October 10,2005 if they will attend)
A. Road Reconstruction
B. Pavement Management Report
C. Communication to the Residents
D. Five-Year Plan
E. Eminent Domain Information/Discussion
5. Brief Recess
6. Approval of Minutes
A. April 14,2005
B. August 4, 2005
7. Reports of the Chair
A. Citizen Petitions in Lino Lakes in 2005
8. New Business
A. Discussion of Term Limits of Commissioner's within the Charter By-laws
B. Discussion Pertaining to the Definition of the Commission's Role
C. Annual Charter Commission Report
D. Set Agenda for January 12,2006 Meeting
9. Adjourn
Chair: Mike Trehus Vice Chair: Harold Carlson Secretary: Caroline Dahl
651-486-8995 651-429-1372 651-484-4678
Charter Commission
April 14,2005
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CITY OF LINO LAKES
CHARTER COMMISSION
DATE : April 14,2005
TIME STARTED : 7:36 P.M.
TIME ENDED : 8:16 P.M.
MEMBERS PRESENT : Dahl,Aldentaler,Trehus,Handrick,Vacha,Duffy,
Warren,Williams,Bor, Storberg, Carlson, and Zastrow
MEMBERS EXCUSED : Montain
MEMBERS UNEXCUSED : None
COUNCIL MEMBERS
PRESENT : Councilmembers Carlson,Dahl, and Stoltz
COUNCIL MEMBERS
ABSENT : Councilmembers Reinert and Mayor Bergeson
STAFF MEMBERS PRESENT : None.
CALL TO ORDER AND ROLL CALL
Commissioners arrived by 7:00 P.M. and began reading a number of documents that had been
provided by city staff. Chair Trehus called the regular meeting of the Lino Lakes Charter
Commission to order at 7:36 p.m. on April 14, 2005.
APPROVAL OF AGENDA
Chair Trehus stated the Commission needed to discuss the agenda. It was anticipated to be a
joint meeting with the City Council. At 6:15 p.m., he received a call from City Administrator
Gordon Heitke cancelling the joint meeting. Mr. Heitke informed him of the situation born out
in the documents received tonight. The Charter Commission had been discussed at a previous
City Council work session. The role of the Charter Commission in the pavement management
plan was discussed. Mr. Heitke mentioned frustration on the part of the City Council. Following
this work session, a number of Councilmembers had questions. City Attorney Barry Sullivan's
letter indicated a joint meeting should not be conducted at this time.
Council Member Donna Carlson stated she was left a message at 4:51p.m. today that she later
picked up. The message told her to check her email. City Attorney Barry Sullivan had reviewed
the Agenda for tonight and started receiving calls with questions. Mr. Sullivan would not be at
the meeting and felt a need for the Charter Commission to have the same training as the City
Council. Attorney Sullivan suggested the meeting be delayed and was asked to put in a letter to
Council. Council Member Carlson indicated uncertainty over attending this meeting. She was
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also concerned about the open meeting laws. She thought she would attend rather than take a
chance.
Chair Trehus asked if Council Member Carlson was just an observer tonight.
Council Member Carlson stated she was confused at this point.. She wondered if it was wrong
for the Commission to talk to the City Council this evening.
Commissioner Bor stated she did not know the history of joint meetings and asked for
clarification.
Chair Trehus stated joint meetings between the Charter Commission and the City Council had
been going on for 10 years that he has been aware of. He noted there was a quorum of the
Council present.
Chair Trehus stated Mr. Heitke indicated there would not be a joint meeting. He noted there was
a quorum of the City Council present tonight.
Council Member Stoltz stated he had been in Alexandria all day. He felt he had walked in here
fully prepared to have a joint meeting. He noted the Council Members had a training session.
He was a little puzzled procedurally. Council Member Stoltz indicated is a big advocate about
working with professionals and suggested there be a joint meeting in July.
Council Member Carlson stated it was hard for her to say what should be done. There were
definitely concerns expressed during the training.
Commissioner Vacha asked if a decision was made after the April 6th work session, then why
was the Charter Commission informed eight days later. He assumed an opinion was formulated
after that meeting. There was plenty of time to inform the Commission.
Commissioner Warren stated it appeared to her that the City Council received some training.
The Charter Commissioners should also have the same training to get a clear idea of what each
body's role was. Since the two groups had not had an opportunity to talk with each other,
assumptions were being made on what the Charter Commission is trying to do. It appears to be
an adversarial sense,which is not the Charter Commission's intention. The Charter Commission
desires to have a sensible road construction and maintenance plan. The Charter Commission
intends to be an aid in that process.Yet, it appears this is getting adversarial for no reason except
for a lack of communication. Rather than waiting until July, she proposed the Charter
Commission have a special training issue. Then there could be a special meeting to iron out any
issues so that the July meeting could be a productive one. A road referendum was an important
issue.
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Commissioner Handrick stated she did not think the Commission should go ahead with a joint
meeting this evening. It is clear from staff and those not present there was no intention to have
one this evening. It would therefore be unfair to conduct a joint meeting.
Chair Trehus advised this was a lot to consider within in a short timeframe. All Commissioners
present agreed it was not a joint meeting of the City Council and the Charter Commission. He
noted the Commissioners needed to approve the agenda.
Council Member Dahl asked how they could approve the agenda if it was not a joint meeting.
Commissioner Vacha advised the Commission could just move the joint meeting to a future date.
Commissioner Carlson advised Item 4 on the Agenda could be deleted. New Item 6 F could be a
discussion on when they would hold the joint meeting.
MOTION by Commissioners Zastrow, seconded by Commissioner Warren,to approve the
agenda as amended by Commissioner Carlson deleting Item 4 and adding Item 6 F. Motion
carried.
OPEN MIKE
No one was present for open mike.
JOINT MEETING WITH COUNCIL
Deleted from the Agenda.
APPROVAL OF MINUTES
Commissioner Dahl asked if this Item could be moved to the end of the meeting.
Chair Trehus agreed since it was a very different meeting. He added Item 7D,Approval of
Minutes.
DISCUSSION OF JOINT MEETING
Chair Trehus noted the Commissioners had all read the letter and asked for comments.
Council Member Stoltz advised he felt he did not need to be here tonight. He was at a loss to
know what to do.
Commissioner Bor advised she was new to this process. A failure in communication was very
plain in the letter. This body has wanted to get an early start and to encourage a process to
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encapsulate the needs of the City. She wanted the City Council to hear the discussion around the
communication plan. The Charter Commission wanted a successful outcome.
Commissioner Handrick advised she was very disappointed. Tonight was a big night for her
family and she chose not to go because of the importance of this meeting.
Commissioner Warren advised they were at an impasse on how it ever got to this point. The
Commissioners do not have the benefit of what the City Council heard regarding the role of the
Charter Commission and how it should interact with the City Council. Before the
Commissioners consider a joint meeting they should have that information. The pavement
management report is an excellent report. It would help to understand the situation
Commissioners are in so they can know how to go forward and what are their roles are here. She
was aware they made commitments for only four meetings this year. However, if they want to be
on a good footing with the City Council,they need to receive the same training sooner,not later.
Commissioner Handrick agreed. She spoke to the representative from the League of Minnesota
Cities who has agreed to come to the July 14th meeting. The Commissioners could have gone to
the training a few weeks ago and then had this joint meeting. This was completely inappropriate
behavior on the part of the City and a waste of everyone's time. She indicated she could call and
set up an earlier date for the training.
Chair Trehus advised he felt there was a presumption that this Charter Commission did not
understand its scope. He disagreed, and stated that he believed that the commission did in fact
fully understand its role,to amend and frame the Charter. The Charter is what confers powers to
the City. It is incumbent on the Charter Commission to be aware of issues in the City that could
potentially be affected adversely or improved by the Charter or an amendment to it. Each
member has this responsibility. Therefore the scope of the commission is widespread. The
concern about the Commissioner's training and their understanding about what they are here to
do is unfounded. He also added that the next commission meeting could have a dual purpose:
The Commission could have the presentation and then conduct a joint meeting after, or just
continue the joint meeting until July 14, 2005.
Commissioner Handrick advised she was concerned about waiting for the meeting on July 14`h
since they had intended to place it on the Fall referendum. It would be a good idea to have the
League of Minnesota Cities speak on the role of Charter Commissions if there is information the
Commissioners do not have. She noted anyone was capable of reading the League of Minnesota
Cities' booklets on line.
Council Member Dahl advised she received one of the booklets during the training.
Commissioner Handrick asked what information Council Member Dahl learned at the training
that the Charter Commissioners might not be aware of.
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Commissioner Duffy stated she wondered how the situation got to this point. There was to be a
meeting with the City Council but after a discussion with the League of Minnesota Cities,the
Charter Commission was a pariah. It appears the Commissioners can not speak to the Council
because the two groups were not allowed to talk to each other.
Commissioner Handrick advised there was no common courtesy to let the Commissioners know
before they arrived at this meeting.
Commissioner Duffy noted there were many years of history with no issues. Now all of a
sudden,the City Council cannot have a joint meeting with the Charter Commission. It appears to
be so rush,rush and she wondered why the City Council needed to receive training.
Council Member Carlson advised the decision to not have a joint meeting came after the training
session.
Commissioner Bor stated she attended the City Council's training,but saw it as a dialog
discussion. She noted training had a didactic component with a clear objective. She thought it
was an open dialog with some consultation.
Council Member Carlson advised both attorneys were present at the training. She noted the
Charter Commission Secretary could get a copy of the tape for the session and perhaps it could
be cut down to the portions regarding the Charter Commission discussions.
Commissioner Handrick questioned why the.decision was made at 6:00 p.m.not to have a joint
meeting.
Council Member Carlson advised the minutes do not contain that detailed information. They
decided to tape the meetings so the information would be available.
Council Member Dahl stated she has a taped copy of every meeting. It was easier than to go to
the City to get tapes.
Commissioner Warren advised the Commission of her concerns about the language in the April
12, 2005 letter to Mr. Heitke from City Attorney Hawkins. It stated"I do not believe that the
City Council is under any legal obligation to engage in any discussions or obtain direction from
the Charter Commission". She was further concerned that the City Council then received
training that indicated it did not need to communicate with the Charter Commission. The power
is vested in the Charter Commission unless the Charter is changed.
Council Member Carlson advised there was discussion at that meeting of the importance of
talking to and coming to an understanding with the Charter Commission. She thought sometimes
in writing people come across differently than face to face. There was still confusion for her
being told things had been talked about previously. She questioned the meaning of the word
"modify" and asked if that did not mean"amend".
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Chair Trehus advised at the joint meeting last year,the City Council felt the Charter was the
reason the road referendum failed.
Commissioner Handrick advised the City Council did not say it,but he felt the Members danced
around it.
Chair Trehus agreed and indicated that was his"take"on it. It was followed up in a letter in July
by the City Administrator,which indicated that a charter amendment was a part of the pavement
management plan. In a discussion with the city administrator, a finalized pavement management
plan was stated to be needed before the five-year plan completed.
Council Member Carlson advised the five-year plan was mentioned in the agenda.
Commissioner Bor explained that the Charter Commission was supposed to review the five year
plan.
Chair Trehus advised there was only one year where the City was in compliance with the five
year plan requirement dictated by the charter. All the agenda items are relevant to the Charter
document. He did not understand the basis of canceling the joint meeting.
Commissioner Storberg asked the Council Members what they thought.
Council Member Carlson advised she had wanted to know about the role of the Charter
Commission to frame and amend the Charter. She wondered what that meant in relation to how
the two groups interact.
Commissioner Zastrow advised that only by working together could they adjust it to make it
work. If the City Council wanted something done, it could be voted on. They needed to try to
work together.
Chair Trehus agreed that was the key. He indicated he had told Mr. Heitke the Charter
Commission felt they were all on the same team. He thought it was regrettable that it had come
to this at such an unprecedented time.
Commissioner Handrick advised the City Staff owed the Commissioners an apology for this
waste of their time this evening.
Commissioner Storberg asked Council Member Stoltz for his thoughts.
Council Member Stoltz advised he was at a loss for words tonight. He thought he was walking
in land mines. He had seven years experience with a different city than Lino Lakes and was still
trying to get his arms around what a Charter Commission does. He felt each body wanted the
best for its citizens;both wanted great roads. He questioned why it had to be them versus us. He
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asked Mr. Heitke for information on what the Charter Commission did. Council Member Stoltz
stated he probably received more training than the other City Council Members. He questioned
where the two groups go from here and indicated he believed each member of the City Council
and the Charter Commission needed to look within themselves for answers. He wondered why
the 2003 referendum failed and did not know that answer. He noted the question needed to be
answered so that each could determine what lessons were learned. Both the Charter Commission
and the City Council had a role. They would not agree on every issue,but they needed to respect
each other's position. Council Member Stoltz stated the City Council needed to be careful not to
make blanket statements about the Charter Commission and vice versa. Everyone should try to
get along.
Commissioner Storberg advised the Charter Commission was really fifty-one percent(the
majority)of the people. They have tried for 20 years to weaken the Charter. The City Council
and the Charter Commission were two different entities. The City Council does not have 100
percent of the power.
Council Member Stoltz asked why the two groups could not have the same vision.
Council Member Bor asked how the City Council received the communication this was a we/they
situation. She suggested that at the Fall meeting,the two groups should move forward to have
better communication. She stated she has a deep respect for the process and noted the people in
this City were educated. If the people would do the right thing,residents would end up with the
right thing for the City. Council Member Bor stated she believed the Charter Commission could
partner with the City Council to achieve this.
Commissioner Zastrow advised the Charter was basically rules. The Charter Commission tries to
interpret them. The City Council should be familiar with the rules which are like a road map.
Commissioner Storberg advised that for the last twenty years there have been many different City
Councils. Each one relied on the City Attorney and received the same interpretations. The City
Council was paying for the same update. The real problem is that the City government does not
want to be controlled by the Charter Commission.
Commissioner Carlson advised if the Commissioner's role is to frame and amend the Charter, the
Commissioners want to be informed before they make an amendment. They all want to feel they
were well informed, and that information was covered from A through Z. That information has
to come from the City Council and City staff.
Chair Trehus asked where else could the Charter Commission get that information. He noted
there was an election in 1995 to more or less remove chapter 8 from the Charter, and it failed
horribly. The residents do not want to give up their power. After that, the City Council came to
the next joint meeting and said the City could not fix the roads. The Charter Commission asked
the City Council how they could say this when they had never tried to work within the charter.
So the city decided to give it a try, and in 1997 there was a road project proposed and the
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referendum passed. He added that even if a referendum does not pass, it does not mean the
Charter has failed. All the Charter does is give the residents the right to say yes or no.
Council Member Stoltz asked the Commissioners not to make blanket statements that all of the
Council Members felt that way. He stated he understands the basics of the Charter. There was so
much history,but with the new people there needs to be a chance to bridge the communication
issues.
Chair Trehus thanked Council Member Stoltz for coming so he had a chance to meet the
Commissioners and get some communication started. There were very strong misconceptions
going on based on these documents. Chair Trehus hoped Council Member Stoltz could refer to
the Council Members some of the Commissioner's concerns and insights and commented they
are all in this for the greater good of the City. He noted there will always be differences in
opinion,but ultimately the right choices will prevail.
ADJOURN
MOTION by Commissioner Handrick, seconded by Commissioner Carlson,to adjourn the
meeting at 8:16 p.m. Motion carried unanimously.
Respectfully Submitted,
Nancy Czajkowski
Timesaver Off Site Secretarial, Inc.
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August 4, 2005
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1
2 CITY OF LINO LAKES
3 CHARTER COMMISSION
4
5
6 DATE : August 4,2005
7 TIME STARTED : 6:35 P.M.
8 TIME ENDED : 8:24 P.M.
9 MEMBERS PRESENT : Dahl,Aldentaler,Trehus,Handrick,Vacha
10 Duffy,Bor,Richard Williams,Rosemary Williams,
11 Storberg, Zastrow and Carlson
12 MEMBERS EXCUSED : Warren
13 MEMBERS UNEXCUSED : Montain
14 STAFF MEMBERS PRESENT : City Clerk,Ann Blair(part)
15
16
17 CALL TO ORDER AND ROLL CALL
18
19 Chair Trehus called the regular meeting of the Lino Lakes Charter Commission to order at 6:34
20 p.m. on August 4, 2005.
21
22 APPROVAL OF AGENDA
23
24 Chair Trehus added Item 5F, Council Minutes Discussion.
25
26 OPEN MIKE
27
28 No one was present for open mike.
29
30 APPROVAL OF MINUTES
31
32 January 13, 2005—Commissioner Storberg referred to page 3,paragraph 2, and requested that
33 paragraph be removed from the minutes.
34
35 MOTION by Commissioner Vacha, seconded by Commissioner Duffy,to approve the January
36 13, 2005 Charter Commissioner minutes as amended. Motion carried with Commissioner
37 Bening abstaining.
38
39 April 14,2005—Chair Trehus advised he has many corrections to make to the minutes. He
40 proposed he correct the minutes and have them distributed for approval at the next meeting.
41
42 Commissioner Storberg referred to page 7, line 3, and corrected the word"sated"to "stated".
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43 MOTION by Commissioner Duffy, seconded by Commissioner Handrick,to table the April 14,
44 2005 Charter Commission minutes to the next meeting. Motion carried with Commissioner
45 Bening abstaining.
46
47 May 5,2005—MOTION by Commissioner Aldentaler, seconded by Commissioner Vacha,to
48 approve the May 5,2005 Charter Commissioner minutes, as presented. Motion carried with
49 Commissioner Bening abstaining.
50
51 Commissioner Bening requested the Commission receive the minutes before the next meeting
52 packet goes out.
53
54 Chair Trehus asked the City Clerk to distribute the draft minutes to all members that have e-mail.
55
56 Commissioners Zastrow, Carlson and Bor arrived at the meeting at 6:52 p.m.
57
58 The Commissioner recessed to the Council Chambers for a group photo.
59
60 DISCUSSION ITEMS
61
62 Road Reconstruction Proiects—Chair Trehus distributed copies of the feasibility studies for the
63 current road reconstruction projects, Shenandoah are and West Shadow Lake Drive area. He
64 stated those are the two projects the City is undertaking for the 2005 referendum. He also
65 referred to an update on the projects provided in the packets from the Community Development
66 Director.
67
68 Chair Trehus advised he is involved with one of the projects. There was a neighborhood meeting
69 but not all the residents were notified about the meeting. He stated he would have liked the
70 meetings to start sooner due to the many components of the project. There was a petition
71 submitted from residents to order the feasibility study. Residents thought they were petitioning
72 for a feasibility study only but now the project is now going through the entire City process.
73
74 Chair Trehus suggested the Commission discuss this issue with the Community Development
75 Director at the joint Council/Charter Commission meeting. He stated one reason the
76 neighborhood meeting was so late in the process was due to the Charter requirement that the City
77 wait one year after the project failed the last time.
78
79 Commissioner Duffy suggested the Commission look at the Charter and possibly amend it to
80 eliminate the one-year waiting period after a project has failed.
81
82 Pavement Management Policy/Plan—Chair Trehus advised everyone received a copy of the
83 Pavement Management Policies in their packet. He referred to the section regarding Assessment
84 Rate noting the cost has almost tripled in the last two years due to the new policy.
85
86
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87 Communication to Residents—Chair Trehus stated their was a memo from the City
88 Administrator in the packets indicating the proposal for hiring a communications specialist to
89 develop and implement a communication plan failed by a 2-2 vote of the Council.
90
91 Commissioner Dahl stated that for her,the proposal came in too late. She stated it would have
92 been better if the plan had started last fall. Also,the City did not know how much it was going to
93 cost. The bid was for$26,000 - $27,000 but that did not include expenses,materials or any
94 mailings to residents. She stated that she and Councilmember Carlson had asked for a
95 communication plan much earlier and noting came from that. There was also no guarantee the
96 plan would have worked.
97
98 Chair Trehus stated he does hope the Council agrees that the City does need a communication
99 plan. However,timing is an issue. The Charter Commission role in this is to understand the
100 process and see if the process should be changed. This issue will be discussed further at the joint
101 meeting. The Commission may suggest the Charter be amended at some point in time.
102
103 Commissioner Bor stated it is not a Charter issue if the referendum and road reconstruction
104 process is being followed according to the Charter.
105
106 Commissioner Bening stated the Commission role is to frame and amend the Charter. The
107 Commission does not need to get into so much detail such as the engineering aspect of road
108 reconstruction projects.
109
110 Five-Year Plan—Chair Trehus stated an update regarding the Five-Year Plan was included in
111 the packets.
112
113 Commissioner Term Expirations—Chair Trehus advised every two years some of the
114 Commissioner's terms expire. He stated the following Commissioner's terms expire at the end
115 of this year: Aldentaler,Dahl,Bening,Montain, Trehus,Vacha, Richard Williams, and Zastrow.
116 He distributed applications and asked those Commissioner's to fill them out and resubmit.
117
118 Chair Trehus stated all application should be submitted to him. He noted there is no limit to the
119 numbers of terms a Commissioner can serve.
120
121 Council Minutes—Chair Trehus stated many Commissioners are reviewing the Council minutes
122 on the City's web site. However,the web site is not up to date. The City Clerk has indicated the
123 delay to improve. If any Commissioners would like the Council minutes included in their
124 packets or e-mailed to them let the City Clerk know.
125
126 Commissioner Dahl indicated she would talk to the City Clerk about sending hard copies of the
127 minutes to Commissioner Vacha and Aldentaler. She will also speak to the City Clerk about the
128 delay in getting Council minutes on the City's web site.
129
130
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131 NEW BUSINESS
132
133 Set October 13,2005 Agenda—Chair Trehus advised the following items would appear on the
134 October 13, 2005 Charter Commission agenda:
135
136 1. Call to Order and Roll Call
137
138 2. Approval of Agenda
139
140 3. Open Mike
141
142 4. Joint Meeting with Council
143 A. Road Reconstruction
144 B. Pavement Management Report
145 C. Communication to the Residents
146 D. Five-Year Plan
147 E. Eminent Domain Information/Discussion
148
149 5. Brief Recess
150
151 6. Approval of Minutes
152 A. April 14, 2005
153 B. August 4,2005
154
155 7. Old Business
156
157 8. New Business
158 A. Discussion of Term Limits of Commissioner's within the Charter By-laws
159 B. Discussion Pertaining to the Definition of the Commission's Role
160 C. Annual Charter Commission Report
161 D. Set Agenda for January 12, 2006 Meeting
162
163 8. Adjourn
164
165 Commissioner Bening suggested a discussion regarding the possible amendment of the Charter
166 excluding Council Member's from the Charter Commission also be added to the agenda.
167
168 A vote was taken on adding this issue to the agenda. A discussion of amending the Charter to
169 exclude Council Member's from the Charter Commission will not be added to the agenda for
170 discussion.
171
172 It was noted that Commissioner Bening would forward any information received from the
173 League of Minnesota Cities regarding Eminent Domain to the Commission prior to the next
174 meeting.
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175
176 ADJOURN
177
178 MOTION by Commissioner Zastrow, seconded by Commissioner Duffy,to adjoum the meeting
179 at 8:24 p.m. Motion carried unanimously.
180
181 Respectfully Submitted,
182
183 Kim Points
184 Timesaver Off Site Secretarial, Inc.
185
5
City of Lino Lakes Home Rule Charter Commission
2004 Annual Report
In 2004 the Lino Lakes Charter commission saw or participated in the following developments:
• The filling of all the vacancies in the commission,which had gone as long as two years
unfilled,
• Updating of the Commission's by-laws to be consistent with the city's current practices,
• Reception and discussion of a letter to the Mayor and City Council about the charter by a
resident affected by a proposed road reconstruction project. (That project went to a
referendum under state statute and was turned down by the voters in the November 2003
election),
• Election of new officers of the commission(Chair Trehus,Vice Chair Carlson, Secretary
Dahl),
• Efforts to collect and file archives of the charter and the commission,
• A joint meeting with the City Council(April 8,2004)where the following was discussed:
1. The 2003 road reconstruction election and why it wasn't approved,
2. The anticipated development of the Pavement Management Plan,
3. City communication with the residents about the city charter and how it affects them,
4. The 5-year financial plan per city charter,
5. Bonding implications in areas of the city exempt from chapter 8 of the charter,
6. The aforementioned letter to the Mayor and City Council and the handling of any similar
letters from residents.
• A discussion of the open meeting law and how that relates to charter commissioners,
• Reception of a letter to the commission on 7/8/04 from the City Administrator indicating that
staff feels the Charter may need to be modified to get road improvements completed within
the City.
• A special meeting on 7/19/04 to draft a letter to the City Council and City Administrator
repeating a perceived need for thorough communication with the residents about the city
charter and it's effect on assessable improvement projects such as road reconstruction,
• Review of the draft Pavement Management Plan,
• A review of financial information that showed staff-directed expenses under the Charter
Commission section of the city budget. Chair Trehus agreed to seek clarification from the
Finance Director.
Respectfully submitted on this 6`b day of October,2005,
Mike Trehus,Chair
Approved this 13`h day of October,2005 by the City of Lino Lakes Charter Commission
City of Lino Lakes Home Rule Charter Commission
2005 Annual Report
In 2005 the Lino Lakes Charter commission saw or participated in the following developments:
• Discussion of the city's 5-year financial plan which had not been updated per city charter,
• Discussion of the city's Pavement Management Plan,and that it did not contain a
communication plan,
• A request by the Commission that the city revise its financial records for 2004 such that they
do not indicate the Commission spent monies for attorneys fees when in fact it was city staff
that directed the expenditures. This request was not granted,however, some modification of
how expenditures related to the city charter are recorded has been considered.
• The creation an adoption of an application form to be used by applicants for membership on
the commission,
• Discussion of other charter cities in Minnesota,
• The cancellation of the annual 4/14/05 joint meeting between the city council and the charter
commission,which occurred minutes before the meeting was to take place. The city council
had met previously on 4/6/05 and discussed charter cities with an attorney from the League of
Minnesota Cities. Subsequent questions from council members arose,resulting in a letter
from City Attorney Bill Hawkins clarifying the powers of the charter commission on 4/12/05.
On 4/14/05,a letter from City Attorney Barry Sullivan was drafted citing"unresolved"
"fundamental issues regarding the role and authority of the City Council and the Charter
Commission," and advised that a joint meeting should not occur until both groups"have the
opportunity to consider the important information that the LMC(League of Minnesota Cities)
attorney will provide." Who actually cancelled the regularly scheduled annual joint meeting
is unknown,but an apology from the City Council to the commission over the"unfortunate
timing of the events"was submitted on 5/4/05,
• The meeting with LMC,which had been planned in January for July,was moved to a special
commission meeting on 515105,
• Two road reconstruction projects were initiated by the city, one in the Shenandoah area and a
second on the West Shadow Lake Drive area. The Shenendoah project was successfully
petitioned against under the charter by a majority of the affected residents ,
• The completed Pavement Management Policies document was reviewed,
• An invitation to a joint meeting was extended to the City Council,
• A plan to hire a consulting firm for the purpose of communicating to the residents city-wide
concerning road improvement projects and the charter was not approved by the city council,
• The question of whether to attend the proposed joint meeting will be visited by the City
Council at the October 10,2005 meeting,
Respectfully submitted on this 6`h day of October, 2005,
Mike Trehus,Chair
Approved this 13a day of October,2005 by the City of Lino Lakes Charter Commission
MINUTES
LINO LAKES CHARTER COMMISSION
SPECIAL INFORMATIONAL MEETING
Date: May 5,2005
Time Started: 7:05 p.m.
Time Ended: 9:10 P.M.
Commissioners Present: Rosemary Storberg, Caroline Dahl,Richard Williams,Tom Vacha,
Don Aldentaler, Cori Duffy,Mike Trehus,Barbara Bor, Harry Carlson, Lisa Handrick.
Citizen Representation: Bob Bening
Note: Charter Commissioner Dahl stated City Administrator, Gordon Hietke,requested that the
session be taped and Commissioner Dahl took responsibility for this request. Chair Trehus asked
for a Commissioner volunteer to take minutes for the information session. Commission Bor
offered to do this.
Informational Session summary:
The League of Minnesota Cities (Ms. Rylee Retzer, Staff Attorney)presented this evening
regarding charter cities. Ms. Retzer introduced herself and the intent of her presentation.
1. She was not speaking to Lino Lakes' specific charter in terms of legal inquires. That would
be the role of the Lino Lakes City Attorney.
2. She would speak and entertain discussion of Charter City vs Statutory City governments.
3. City Council governance demographics and forms of government would be reviewed. Ms.
Retzer provided a handout that summarized this information.
Ms. Retzer spoke to the advantages of Home Rule. This allowed for local decision making.
Home rule invites involvement of citizens in terms of expressing powers in their city, as long as
there is not conflict with state laws. Voters in home rule cities have more control over their city's
powers. Conversely, Statutory governments must have state input for change. Ms. Retzer
referred to page 4.6 from the Handbook for Minnesota Cities, for a complete summary of
advantages of a home rule charter.
An adopted charter is a city's basic form of government. The charter can be changed with a
referendum or amendment. Ms. Retzer reviewed how an amendment to the charter can be
created:proposal by the charter commission; citizen petition,proposal by Council,
recommendation by the City commission to Council for an ordinance change which doesn't have
to be voted on; or by Council proposal in very small cities (10,000 population or less); see page
4-13 of the Handbook for Cities,Amendments to the charter.
Ms. Retzer went on to discuss what makes a good charter. A good city charter provides a
workable,responsive organization of the city government. A charter that keeps the level of
government simple so citizens and officials understand it,workable and centralized. A good
charter encourages and rewards expertise and efficiency in the administration of the city.
Discussion moved to the functions of a charter commission and Ms. Retzer referred to page 4-9
in the Handbook document. Frequency of meetings was reviewed: The Charter Commission
must meet once a year. Meetings are held to study the city and the charter and contemplate
changes (frame and amend).
There was discussion on who can the commission consult with regarding existing
research/options.
Ms. Retzer concluded the evening presentation by offering consultation services available from
the League of Cities,which can offer solid provisions and references why the Home Rule
Charter City document reads the way it does. They can also assist with an annual law summary
and compare other City documents. For new Lino Lakes Commissions, they can provide an
orientation to Home Rule at no charge. She also provided a reference"Model City Charter,
National Civic League publication, eighth edition, 2003 and the web page for this organization:
www.ncl.org.
The Commission thanked Ms. Retzer for her review and time.
Discussion:
Commissioners received a letter from the City Council apologizing for the late communication
regarding the Council decision not to meet jointly on April 14.
Further discussion evolved to the sharing of a communication(e-mail) from Gordon Heitke, City
Administrator by Commissioner Bor. Ms. Bor shared components of this communication with
the Commissioners present, stating that she hoped for improved communication between the
City Staff and the Commission. Mr. Heitke's stated in the e-mail that he hopes that the session
with the League of Minnesota Cities staff attorney was beneficial. He expressed a desire to
improve the tone of communications between the Commission and City staff. He stated in the e-
mail that it is"not staff s place to change the charter provisions." This was made in reference to
the pavement management documents where it is the staff s responsibility to inform Council of
the impacts of the charter provisions. Mr. Heitke's e-mail ended with the following statement:
"Whether there is any need to amend the charter is up to the charter commission, city council and
public as described in the statutes."
General discussion between Commissioners occurred in regards to the accounting inquiries in
regards to the assigned expense to the charter budget and the staff response to the Commission's
inquires regarding this matter.
The next Charter Commission meeting is scheduled for August 4, 2005.
Meeting was closed by Chairperson Trehus at approximately 9:15 p.m.
Meeting Summary submitted by Barbara Bor
Charter Commission
January 13, 2005 DRAFT
Page 1
CITY OF LINO LAKES
CHARTER COMMISSION
DATE : January 13,2005
TIME STARTED : 7:03 P.M.
TIME ENDED : 9:20 P.M.
MEMBERS PRESENT : Dahl,Aldentaler,Trehus,Handrick,Vacha
Duffy,Williams,Bor,Montain, Storberg, and Carlson
MEMBERS EXCUSED : Warren and Zastrow
MEMBERS UNEXCUSED : None
STAFF MEMBERS PRESENT : City Clerk,Ann Blair (part)
CALL TO ORDER AND ROLL CALL
Chair Trehus called the regular meeting of the Lino Lakes Charter Commission to order at 7:03
p.m. on January 13, 2005.
APPROVAL OF AGENDA
Chair Trehus added Item 6G, Council Minutes Discussion and Item 7C, Members Resignations.
OPEN MIKE
No one was present for open mike.
APPROVAL OF MINUTES
October 14, 2004—MOTION by Commissioner Vacha, seconded Commissioner Handrick, to
approve the October 14, 2004 Charter Commission minutes as presented. Motion carried with
Commissioner Montain abstaining.
REPORTS OF THE COMMITTEES
Archives Report/City Web Site(Commissioner Dahl)—Commissioner Dahl advised she
contacted the Minnesota Historical Society regarding the names of previous Charter Members.
They can look up names to locate previous members but there is a charge of$12.00 per name.
She suggested Commissioners split up the names on the list and do their own search.
Commissioner Storberg suggested Mr. Weibel is contacted to see if he knows anything regarding
the outstanding names on the list.
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Charter Commission
January 13,2005 DRAFT
Page 2
Commissioner Dahl advised letters have been sent out to the previous members but the City has
not received any responses. The intent is to collect any old Charter documents.
Commissioner Handrick and Commissioner Bor volunteered to help locate outstanding names on
the previous member's list.
Commissioner Dahl stated she would get a list of the names from the City Clerk. The names
could also be advertised in the Quad.
Commissioner Bor also suggested contacting Betty Friesen regarding this issue.
City Website Update(Commissioner Dahl)—Commissioner Dahl advised Lisa Hogstad
emailed everyone possible regarding the new website. The new website is up and running. If
anyone has any concerns or suggestions, contact Lisa Hogstad at the front desk.
City Clerk Blair requested the Commission move to the Council Chambers for a group picture.
Response to Charter Documents Letter(Commissioner Dahl)—Commissioner Dahl had
previously indicated the City has not received any responses to the Charter Documents letter sent
by the City.
UNFINISHED BUSINESS
Five-Year Plan (Chair Trehus)-Chair Trehus indicated he has no new information on the
Five-Year Plan.
Commissioner Dahl stated the Council does not have any additional information either. The
Commission can ask the City Administrator or could discuss the Five-Year Plan with the Council
at the joint meeting. She noted the Five-Year Plan will be updated every year and is a work in
progress.
Commissioner Montain asked when the Plan would be up-to-date. He stated it seems as though
the Commission is always waiting on something to have the Plan finished and in place.
Chair Trehus stated the City is currently waiting on the Pavement Management Program to be
completed.
Commissioner Montain stated the Charter requires the City have a Five-Year Plan. It is the
Commission's job to make sure the Five-Year Plan is in place. The Plan can be amended yearly
but the framework needs to be in place.
Chair Trehus noted the Commission did get a Five-Year Plan. The City is currently doing
updates on it. This issue will be discussed at the Joint meeting with the City Council.
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Charter Commission
January 13, 2005 DRAFT
Page 3
Commissioner Bor stated she would like to know the history of the Five-Year Plan as well of the
dates of completion and dates of the revisions.
MOTION by Commissioner Vacha, seconded by Commissioner Carlson,to request an update
from City Staff at the next meeting on a Five-Year Plan that is compliant with the City Charter
per Section 7.05.
Commissioner Montain stated he would also like information on how the Five-Year Plan is tied
into the City's budget.
Commissioner Storberg suggested property taxes be raised throughout the City to pay for road
improvements,which ties into the Five-Year Plan and Pavement Management Plan.
Chair Trehus advised he would send a letter to the City Council regarding this issue prior to the
joint meeting.
MOTION carried.
Pavement Management Program(Chair Trehus)—Chair Trehus advised the Commissioner's
received a preliminary Pavement Management Report. He asked for any questions or comments.
Commissioner Storberg stated she has an issue with the Plan in relation to some of the bad .
roadways within the City. It seems as though there are some bad roads in new developments and
that the developer should be responsible for those roadways.
Commissioner Bor stated the City is working on an AUAR process to provide information to the
City on transportation issues with the City. All of the information gathered needs to be shared
with residents within the City. The City also needs to make sure every effort is made to
communicate the transportation issues, as well as funding issues, to the residents.
Communication to the Residents-Chair Trehus stated it was disappointing that there was no
reference to communication to residents in relation to the Pavement Management Plan. The
Pavement Management Plan as well as communication to residents will be discussed further at
the joint meeting with the City Council.
MOTION by Commissioner Bor, seconded by Commissioner Duffy, that an update be provided
to the Commission on the draft Pavement Management Plan and any communication that may be
evolving to residents. Motion carried.
Commissioner Storberg stated she would ask City Staff and the City Council about the
possibility of the City increasing property taxes city wide to pay for road reconstruction within
the City, and to put funds into the Public Works Fund at the joint meeting in April. She indicated
she would also ask for clarification on the definition on reconstruction of roadways and new road
construction.
3
Charter Commission
January 13, 2005 DRAFT'
Page 4
Charter Commission Budget—Chair Trehus advised a copy of the state statute regarding the
Charter budget was distributed in the packets. The statute states the Charter Commission has up
to $1,500 per year to spend at its discretion. A memo from the Finance Director was also in the
packets. The memo indicated that regardless of where the funds are put into the budget,the
Charter Commission could spend the $1,500. If the Commission needs additional funds,
approval from the City Council would be required.
Commissioner Storberg stated the City was wrong by spending the Commission's funds for the
lawyer's fees. The City does not have the right to do that.
Chair Trehus stated that regardless of how the attorney was billed,the Commission can spend up
to $1,500 per year at their discretion. Any fund left over go back into the General Fund.
Commissioner Carlson stated the attorney's fee should not be shown as a Charter Commission
expense. City Staff initiated that expense.
MOTION by Commissioner Carlson, seconded by Commissioner Storberg, to have Chair Trehus
communicate to City staff,by letter, that any expenditure's shown in the budget as Charter
Commission expenditures must be approved by the Charter Commission. The $1,500 expense
for the attorney must not be noted as a Charter Commission expense. Motion carried.
Application to Charter Commission (Commissioner Dahl)—Commissioner Dahl advised a
draft copy of the application to the Charter Commission was distributed at the last meeting.
Commissioner Carlson has made some suggestions to the draft. A copy of that draft was
distributed.
Commissioner Carlson reviewed the suggested changes noting he would like to make the
application more user friendly.
MOTION by Commissioner Montain, seconded by Commissioner Bor,to use the revised
application to Charter Commission as the official application.
Chair Trehus indicated he would like to add the statement regarding the addition of a resume to
the application.
Commissioner Handrick stated she believes if an applicant has a resume,they would
automatically attach it to the application.
Commissioner Montain agreed to accept the amended motion to include on the application the
statement"Attach any additional information if you desire".
Commissioner Bor accepted the amendment to the motion.
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Charter Commission
January 13, 2005 DRAFT
Page 5
Commissioner Carlson indicated he would email the approved application to the City Clerk and
also forward to the Commissioner's.
MOTION carried.
Review City Council Meeting Minutes for Charter Compliance—Chair Trehus asked if any
of the Commissioners had found any issues with the City Council Meeting Minutes. The
Commission had no comments.
Council Minutes Discussion (Chair Trehus)—Chair Trehus advised the City would no longer
be emailing meeting minutes to the Commission. The meeting minutes can be found on the City
website. Hard copies are still available to those who request them. He asked the Commission to
note any missing set of meeting minutes on the website.
NEW BUSINESS
Update from League of MN Cities Regarding Other Charter Cities (Commissioner
Handrick)—Commissioner Handrick advised she called the League of MN Cities and was sent a
list of all Charter cities within the state. She distributed that list along with a list of city Charters
available on-line. She stated she also inquired about restrictions of other Charter cities. Mr.
Duke Addicks, Attorney from League of MN Cities, responded that he was unaware of other
cities that have such strict restrictions as the City of Lino lakes. She indicated she would go on
line and review some of the other cities Charters. Also, Rylee Retzer, League of MN Cities,
advised she does do Charter presentations for cities and City Councils free of charge. The only
charge that would occur is if the Commission had a specific question about a section of the
Charter.
It was the consensus of the Charter Commission to try to schedule a presentation by Rylee Retzer
for the July 2005 Charter Commission meeting.
Member's Resignations—Chair Trehus advised he received a resignation letter from
Commissioner S. Lane and Commissioner G. Lane. Therefore,the Commission has two
vacancies. He asked Commissioners to encourage anyone interested to submit a letter of
application. The vacancies will also be advertised in the Quad.
Set April 14, 2005 Agenda—Chair Trehus advised the following items would appear on the
April 14, 2005 Charter Commission agenda:
1. Call to Order and Roll Call
2. Approval of Agenda
3. Open Mike
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Charter Commission
January 13,2005 DRAFT
Page 6
4. Joint Meeting with Council
A. Road Reconstruction
B. Five-Year Plan
C. Pavement Management Report
D. Communication to the Residents
E. Charter Commission Budget
F. Other
5. Approval of Minutes
A. January 13,2005
6. Discussion of Joint Meeting
7. New Business
A. Set Agenda for July Meeting
B. Confirm League of MN Cities Presentation
8. Adjourn
ADJOURN
MOTION by Commissioner Dahl, seconded by Commissioner Carlson,to adjourn the meeting at
9:20 p.m. Motion carried unanimously.
Respectfully Submitted,
Kim Points
TimeSaver Off Site Secretarial,Inc.
6
James Studenski, City Engineer,
City Administrator
City of Lino Lakes OCT 0 4 2005
600 Town Center Parkway C1T
Lino Lakes, Minnesota 55014 Y OF L11Vq L4
5
Dear City Engineer and Administrator:
I am writing concerning this property's inclusion in the Petition for Lakeview Drive
Utility Improvements. The "benefitted properties are listed as 6808 —7180 Lakeview
Drive and 59 North Road. I believe the petition is defective because we are not in need of
utility improvements. As you both should be aware,we had our sewer and water hooked
up 1 year ago and they were both placed on our property on North Road about 10 years
ago. We paid our assessments and the MUSA charge. In fact Mr Studenski tried to charge
us twice for the water assessments and the MUSA so I had to obtain verification that both
had been paid before we could proceed.
I anticipate the next argument will be that we will be benefitted by the road
reconstruction. My response to that is it is not necessary to Lakeview Drive adjacent to
our property. I watched the water and sewer extension across the street for the police
station being constructed. Because it was an extension for one side of the street, the road
was not touched. All the digging was done in the right of way (boulevard) and under the
walkway on the Circle Pines side of North Road. Therefore, if the neighbor across from
us at 6808 Lakeview Drive needs utility improvements for sewer and water, it could be
done in the right of way adjacent to their property. Then any road reconstruction could
start on Lakeview Drive north of our property. We do not need or want road
reconstruction. Nor should we have to pay for any road reconstruction that is being done
only to benefit other people's need for sewer and water. We already have city sewer and
water and have paid the assessments.
By your own letter, the petition requests "city sewer and water". There is no reason our
property should have been included in that petition and it is therefore defective.
Chapter VIII, Section 8.01 of our home rule charter states"no assessment shall exceed
the benefits to the property". There is no benefit to our property.
Sincerely,
Pat Rickaby and Robert . o on