HomeMy WebLinkAbout10/05/2005 Council PacketWORK SESSION AGENDA
CITY OF LINO LAKES
Wednesday
October 5, 2005
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Council Salaries
2. Hardwood Creek Comp Plan Amendment
3. Sign Ordinance
4. Sewer System Complaint
5. Community Survey
6. Joint Meeting with Charter Commission
Regular Agenda Items
Adjourn
PAGE 1
MEMORANDUM
October 3, 2005
To: City Council
From: Jeff Sm Y ser G%
Subject: Village of Hardwood Creek Comp Plan Amendment and Concept Plan
The application to amend the comprehensive plan has been reviewed by the P & Z, which
recommended approval. The application also includes a concept plan for the future
planned unit development (PUD). The concept plan does not require a vote: it is an
opportunity to get comment from the City Council prior to the PUD application being
assembled.
The purpose of this memo is to explain the process for this development, discuss
conservation development, and layout the different elements of the comprehensive plan
amendment, including the growth management policy issues. I also will give an
overview of the concept plan.
The Review Process
Ultimately, the Village of Hardwood Creek development will require a number of
approvals, including:
• comprehensive plan amendment
• rezoning to PUD
• PUD general development stage plan/preliminary plat
• PUD final development plan/final plat
The current application is for amendment of the comprehensive plan only. The other
application would come later if the plan amendment is approved. It is important to note
that approval of this comprehensive plan amendment does not grant or imply any right to
an approval of applications that will follow.
As described in the zoning ordinance, the purpose of a PUD general concept plan is "to
provide an opportunity for the applicant to submit an application and plan to the City
showing the basic intent and the general nature of the entire development. The concept
plan provides an opportunity for the proposal to be publicly considered at an early stage."
The concept plan does not require approval or any type of vote. However, it is important
that the City Council provide staff and the application with comments on the concept plan
before the project design progresses.
Conservation Development
Conservation development is a method of developing land in a way that is kinder to the
natural environment than traditional development. Conservation development includes
such things as preserving open space, restoring or improving greenways and wildlife
habitat, managing stormwater with natural infiltration, creating buffers to protect valued
natural features, creating trail corridors to connect greenways, and other methods.
In short, conservation development is a method of development design. Projects that are
designed as conservation developments can be exempt from some Lino Lakes growth
limits, at the City Council's discretion.
The Hardwood Creek project will be a conservation development. The applicants
originally intended the application to be a conservation development project. They are
aware of the City's desire to encourage conservation design, and have been following the
AUAR project. The AUAR mitigation plan requires that all development incorporate
conservation elements whenever possible.
In Lino Lakes, the growth management ordinance provides that the City Council can
allow development in excess of specific growth management limits when a project
provides elements consistent with identified conservation development goals. However,
there are two reasons we cannot exempt this project from the growth limits based on it
being a conservation development.
1. the exemptions from growth limits do not include the Stage 1 MUSA total, so a
comprehensive plan amendment would still be necessary. There are only 90 acres
remaining in reserve for Stage 1 (pre -2010) residential development and 68.5
acres for commercial /industrial development. The development project site
requires 363 acres of additional MUSA.
2. we need a great deal of information in order to exempt it from the specified
growth restrictions. Specific information would include such things as
stormwater management designs, open space designs, long term stewardship
plans for open space, etc. Such information typically would be included in a
planned unit development/plat application. The current application for a
comprehensive plan amendment does not include such detailed information.
Comprehensive Plan Amendment
The proposed comprehensive plan amendment includes the following five elements:
(1) Amending the proposed land use plan map. The current designations are Industrial,
Medium - Density, and High- Density Residential. This would be changed to guide the
entire site for Mixed Use. (see map, Attachments A and B)
(2) The amendment includes a request for 370 acres of MUSA for the Stage 1 growth
area. This additional MUSA would be mapped, not held in a reserve.
(3)
Even though our comprehensive plan includes Mixed Use on the proposed land use
map, there is no description of this land use category in the text of the document.
This should be addressed by describing the intent of the Mixed Use category.
Attachment C includes the proposed text amendment.
(4) The growth management ordinance states that an amendment of the comprehensive
plan shall be required if, in order to accommodate a specific development project, the
annual target for new growth (units /year) would be exceeded (Section 2, 7.). It is
unlikely that the master plan for this development could proceed within the limits of
the target of 147 units per year. (The 1029 units for Stage 1 noted in Section 2,
paragraph 5 of the growth policy, is based on 147 x 7 years.) The proposed text in
Attachment C includes a brief description of the Village of Hardwood Creek project
and specifies that the comp plan amendment is intended to meet this requirement of
the growth ordinance. There also is a brief reference to the project to be added to the
Planning District 6 section of the comprehensive plan document.
(5)
The comprehensive plan itself includes a list of Growth Management Policies, which
includes "Limit residential growth to an average of 147 units per year, carrying a
three year supply lot inventory" (page 27). As stated above, this would not
accommodate the anticipated development project. This statement should be
amended to accommodate the potential advantages of master planning large areas.
The proposed text amendment (see Attachment D) includes the possibility of
amending the comp plan for specific projects that are found to fulfill specified public
purposes, which would justify amending the comprehensive plan to exceed the limit.
In addition, the growth goals described in the comprehensive plan "assume an average of
147 new households annually through the year 2020" (page 63). This statement merits
discussion. To amend this statement raises the question of amending the growth
projections, an important part of planning the community's future. This will be
extensively analyzed and discussed as part of the overall review of the comprehensive
plan that must be completed by the end of year 2008. Therefore, I recommend no
amendment to this statement in the comprehensive plan for now.
Concept Plan
The concept plan is Attachment E. The site includes 363 acres. The concept plan
includes 150 -170 acres for residential development. A rough density estimate is about
4.5 units per acre overall for the residential area. The concept plan also includes 55 -70
acres for 500,000- 600,000 square feet of commercial development.
The concept plan includes the main collectors and access points envisioned in the draft
AUAR. A local north/south collector provides a route through the site. Two collector
roads provide access to 20th Ave. on the west of the site. The north/south collector would
continue south to access Main St., and north to future developments. The concept plan
also shows an internal local circulation network providing access for the residential
development areas.
The development site does not abut Main St. The pictured collector road would need to
extend 1/4 mile south of the site to access Main St. The details will have to be worked out
at part of the PUD review.
The concept plan includes an extensive open space network. The Parks, Natural Open
Space /Greenways and Trail System Plan includes trail connections to be created on the
site. The AUAR builds on this approach. The concept plan includes these and more to
facilitate walking and biking within the site and to connect to trails outside the site.
The site would develop from south to north in four phases, with over half the commercial
development and some residential in phase one. The developer envisions full build out of
the site over six years.
ATTACHMENT A
LAND USE PLAN (DETAIL)
LINO LAKES COMPREHENSIVE PLAN
URAL
LOW
DENSITY
SEWERED
RESID.
LOW DENSI
UNSEWER
MED.
RESID.
■ ■ ■ ■■ ■r
■ ■, r ■ •
u
LOW DENSITY
SEWERED
RESID: ° °...,,.
R
•
INDUSTRIAL •
•
■
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ATTACH-IENT B
PROPOSED AMENDMENT TO LAND USE PLAN
(DETAIL)
LINO LAKES COMPREHENSIVE PLAN
LOW
DENSITY
SEWERED
RESID.
LOW DENSIT.
UNSEWERED R
LOW DENSITY
SEWERED
RESID.
ATTACHMENT C
• The following text is to be added to the comprehensive plan, at the end of the Land
Use Plan chapter, on page 97:
MIXED USE
The Proposed Land Use Map designates several areas for "Mixed Use ". The
Mixed Use designation is intended to accommodate development that includes a
variety of land uses. This could be a development that integrates uses in the
same building, such as residential units above commercial space. It also might
include different uses in separate locations as elements of a larger development,
as part of a master plan. While it is possible that an appropriate development
project in a Mixed Use area could include only one type of land use, other land
use designations are available for development with only one type of land use.
Development in areas guided Mixed Use typically will take advantage of the
flexibility available with the use of a planned unit development. The City does not
require a PUD for development in a Mixed Use area. However, it is the preferred
design tool because development that includes a variety of uses typically will
pose challenges best addressed with the flexibility available with a PUD.
Amending the comprehensive plan to guide new areas for Mixed Use should be
reserved for areas that have undergone significant environmental review.
Commercial development typically will require more impervious surface than
residential development, which raises stormwater management design
challenges. Traffic generation differs between different land uses. The Mixed
Use land use designation envisions varied land uses, and recognizes the
possibility of design challenges, including environmental impact issues. These
can best be addressed with extensive environmental review.
Amending the comprehensive plan to guide new areas for Mixed Use and
development with these areas should be reserved for development that promotes
clearly identified public purposes. Such purposes may include but are not limited
to:
a) provision of housing unit variety that contributes toward meeting housing
goals, such as medium density, high- density, and mixed -use developments in
locations designated for them in the comprehensive plan
b) provision of infrastructure that will provide benefits beyond the project site, in
accordance with City transportation, sewer, or water plans, that is not
financially feasible without the project
c) preservation of environmental features that would not occur without the
project
d) provision of economic benefits to the City that would not occur without the
project
Development in areas guided Mixed Use must comply with the following
performance standards:
1. The land use and site design must be sensitive to the surrounding land uses
in the area, including but not limited to building height, exterior composition,
landscaping, and site access.
2. The road network within new development shall promote the safe and
convenient traffic movement. The project design must incorporate access
management design elements for access to arterial and collector roadways.
3. Municipal water and sanitary sewer service must be available.
4. All development shall address environmental concerns with regard to site
planning, landscaping, impervious surfacing, open space, and storm water
management. Stormwater management must incorporate methods to protect
and improve water quality such as infiltration, buffering of water bodies, and
other natural methods whenever feasible.
5. Commercial site designs shall emphasize pedestrian accessibility,
connections to residential neighborhoods, shared parking, and green space
to create a customer friendly environment and promote a high level of
interaction among local businesses and between businesses and residents.
6. Architectural and site standards shall be applied to establish aesthetically
pleasing, high quality buildings and streetscapes.
Village of Hardwood Creek
The Village of Hardwood Creek development area is located 1/4 mile north of
Main St., between I -35E and CSAH 21 (20th Ave.). This 360 -acre development
site is to be developed with commercial and residential uses. The concept plan
for the development includes 500,000 to 600,000 square feet of commercial
space on 55 to 70 acres of the site. A variety of single family and multi - family
residential development will include approximately 1200 to 1250 dwelling units.
The net residential density is to be approximately 4.5 units per acre, when
including all and not within the commercial area. While these are the
approximate use parameters, the specifics of the development are to be part of a
master plan using a planned unit development approach.
In the northeast corner of the site, a triangle is formed by I -35E, a pipeline, and
the property boundary. This area could be designed to accommodate an office
campus type use, which could be a suitable land use along the freeway. This
would reduce the amount of residential land noted above. Such flexibility is
appropriate for the area.
This site is included in the Alternative Urban Areawide Review (AUAR)
environmental analysis. Development must comply with the mitigation plan that
forms a part of the AUAR.
This area was guided Mixed Use with an amendment to the comprehensive plan
in 2005. This amendment was intended to fulfill the City's growth management
policy requirement that amendment of the comprehensive plan shall be required
if, in order to accommodate a specific development project, the annual target for
new growth (units /year) would be exceeded.
• The following text is to be added to the comprehensive plan in the Planning District
6 section, on page 153:
Village of Hardwood Creek
The Village of Hardwood Creek development area is located 1/4 mile north of Main
St., between I -35E and CSAH 21 (20th Ave.). This 360 -acre development site is
guided Mixed Use and to be developed with commercial and residential uses. This
site is described in the Mixed Use section of the Land Use Plan chapter. The
specifics of the development are to be part of a master plan using a planned unit
development approach.
ATTACHMENT D
• The policy on page 27 of the comprehensive plan is amended to read as follows:
9. Limit residential growth to an average of 147 units per year, carrying a three year
supply lot inventory. Specific projects that are found to fulfill specified public
purposes can justify amending this comprehensive plan to exceed this limit. The
City Council shall consider such an amendment only if the specific development
project will promote a clearly identified public purpose. The public purpose may
include but is not limited to:
a) provision of housing unit variety that contributes toward meeting housing
goals, such as medium density, high- density, and mixed -use developments in
locations designated for them in the comprehensive plan
b) provision of infrastructure that will provide benefits beyond the project site, in
accordance with City transportation, sewer, or water plans, that is not
financially feasible without exceeding the target
c) preservation of environmental features that would not occur without
exceeding the target
d) provision of economic benefits to the City that would not occur without
exceeding the target
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WS -4
WORK SESSION MEMORANDUM
To: City Council
From: Michael Grochala
Date: October 5, 2005
Re: Work Session Item 4
Sewer System Complaint
At the Open Mike portion of the September 26, 2005 City Council meeting, Mr. Lloyd
Chalupsky, 2115 Reiling Road, presented his concerns alleging that sewage effluent was
moving into his property from the septic system soil treatment area serving the
Muehlstadt residence, 2221 Reiling Road. The council requested that the issue be
discussed at the October 5, 2005 work session.
Background
City staff and Jon Christensen, Anoka County Environmental Health Specialist, have
been called out to the properties by both neighbors over the past year due to concerns
over the possible discharge of sewage effluent into the Chalupsky property. Several
attempts have been made to verify the claim. On June 30, 2005 an inspection of the
property was held. Present at the inspection were:
Ken and Debra Muehlstadt
Pam Nissen; Attorney representing the Muehstadt's
Jon Christenson; Anoka County Environmental Services
Pete Kluegel, City of Lino Lakes, Building Official
Julianne Markiewicz, Attorney representing Chalupsky
Larry Sibik; Pinnacle Engineering
Dan Tetrault; DLT Construction (licensed septic system designer)
Pinnacle Engineering was retained by the Muehstadt's Attorney to provide an expert
opinion regarding the civil dispute between the homeowners. The results of the testing
were set forth in the August 16, 2005 report by Pinnacle Engineering. The report
concluded that sewage was not being discharge from the Muehlstadt property onto the
Chalupsky property. A copy of facts and conclusions page of the report is attached.
Page 2
Based on the report, personal observations, and discussions with the property owners, Jon
Christianson issued a letter dated September 13, 2005 stating that in his opinion water
moving into the Chalupsky property is the result of groundwater and not sewage effluent
(letter attached). City staff concurred and issued a letter, to this effect, dated September
15, 2005.
City staff has discussed this issue with the City Attorney. Based on the information
available there does not appear to be a violation of the City's Individual Sewage
Treatment System (ISTS) requirements. Furthermore the City Attorney has stated that the
matter is a civil dispute and that the City should not be involved unless further directed
from the courts or if a clear violation of the City's ISTS requirements are verified.
Attachments
1. Excerpt from Pinnacle Engineering Report
2. Letter from Jon Christianson, Anoka County Environmental Health Specialist
3. Letter from Pete Kluegel, Building Official
Page 2
The following facts were discovered during the course of this investigation:
• The dye that was observed in the cistern on the Bachrneier/Chalupsky property
does not match the chemical profile for the dye that was introduced into the
"observation" pipe for the distribution box on the Muehlstad property;
• The observation pipe does not discharge into the distribution box as thought, but
simply marks the location of the distribution box;
• The drain field at the Muehstadt residence was installed consistent with the rough
sketch that was prepared prior to the installation of the drain field;
• The termination point of the drain field on the Muhlstadt property is 21 feet from
the fence line, the required setback distance is 10 feet
• All drain lines that were inspected, terminate in the rock field;
• The rock field does not extend into the Bachmeier /Chalupsky property;
• No additional drain lines or rock fields were discovered along the property line;
• Due to soil and weather conditions the site soils were saturated; and
• No evidence of disturbed native soils were observed in the pictures provided by
the Bachmeier /Chalupsky's that would indicate that a pipe or drain field was
installed onto their property from the Muehlstadt property is evident.
Based on the facts discovered during this investigation the following conclusions can be
made:
• The yellowish hue /dye that was observed in the cistern at Bachmeier /Chalupsky
residence was not due to the addition of the dye tablet into the "observation" pipe.
• Neither drain field pipe not drain field rock extend from the septic system on the
Muehlstadt property to the Bachmeier /Chalupsky property.
• Untreated sewage is not being discharge from the septic system on the Muehlstadt
property directly onto the Bachmeier /Chalupsky property.
• Due to tight soil conditions, and drainage that slopes toward the drain field, this
site will experience a high water table after heavy rains.
Pinnacle Engineering, Inc.
11541 95th Avenue North
Maple Grove, Minnesota
Page 7
McGrann Shea
Project #: MN05170.00
August 16, 2005
SEP --21 -2005 08.37
P.01,01
COUNTY OF ANOKA
(763) 422 -7063
City of Lino Lakes
c/o Peter Kluegel, Bldg. Official
600 Town Center Parkway
Lino Lakes, Mn 55014
COMMUNITY HEALTH &
ENV[RONMENTAL SERVICES DEPARTMENT
Anoka County Government Center
2100 3rd Ave. Room 360
Anoka, MN ..5303-2264
Subject; 2115 and 2221 Railing Road, Lino Lakes
Fax (763) 323-6150
September 13, 2005
Dear Mr. Kluegel
During the first part of January 20051 received a complaint from Lloyd Chalupsky at
2115 Reiling Road alleging the septic system soil treatment area serving the
Muehlstadt residence at 2221 Reiling Road was located on part of his property. Mr.
Chalupsky also indicated sewage effluent was moving into his property via the soil
treatment area.
Since that time we have met at the property a number of times with Mr. Chalupsky,
the Muehlstadt's and representatives of both property owners. Our last meeting was
on June 30, 2005 in response to testing which Pinnacle Engineering was doing. The
results of this testing was set forth in the August 16, 2005 report by Pinnacle
Engineering.
Based on my observations, discussions with both homeowners, their representatives
and the Pinnacle Engineering report it is my opinion the water moving into the
Chalupsky property is the result of groundwater and not sewage effluent.
If you have questions concerning this matter, please call me at 763 - 422 -7066.
4erely,
tit(
J • n M. Christensen
Environmental Health Specialist
Affirmative Action / Equal Opportunity Employer
TOTAL P.01
BUILDING DEPARTMENT
September 15, 2005
Sally Bachmeier & Lloyd Chalupsky
2215 Reiling Road
Lino Lakes, MN 55110
RE: Groundwater
You have requested that the City of Lino Lakes allow you to run groundwater from your
property into a ponding area in your front yard.
As part of the building permit review process for your property a drain tile was proposed and
approved for installation between the attached garage and the east property line. Based on a
required and approved as -built survey, dated November 1, 2004, the drain tile was installed and
daylighted in the front yard. Extension of the drain tile may be undertaken provided that the
outlet to the tile is contained within the property boundaries. No water can be deposited directly
on adjacent properties.
Additionally, you have expressed concerns regarding the location of your neighbor's Individual
Sewage Treatment System (ISTS). Based on a Pinnacle Engineering report dated August 16,
2005, and an as -built survey of the septic system located at 2221 Reiling Road, the ISTS
treatment lines terminate approximately twenty -one (21) feet from your property line. This is in
conformance with the minimum system setback requirements of 10 feet.
If you have any further questions, please feel free to contact me at 651- 982 -2460.
Sincerely,
Peter Kluegel
Building Official
PK/cly
cc: Michael Grochala, Community Development Director
Address File
600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182
Building Denartrnent: 651- 982 -2420 • Fax: 651 -982 -2499
ws - 5
WORK SESSION STAFF REPORT
Work Session Item No. 5
Date: Council Work Session October 5, 2005
To: City Council
From: Gordon Heitke
Re: Community Survey Proposal
Background
At the September 21, 2005 Council work session, a proposal from Decision Resources
Ltd. was discussed. Staff was directed to obtain additional information related to survey
methodology. The attached response relates to the following questions:
Do you ever "target" the surveys, rather than use a random approach?
When are the calls made? (If you only call during the day, you will not reach people who work
traditional hours.)
What is an appropriate sampling? If 400 were sampled in 1996, shouldn't more be sampled this
time?
How did you do the survey for the Centennial School District?
I also inquired about their availability to appear before the council at the October 5, 2005
work session. They were not available for the meeting and hoped that the written
response (attached) would answer the questions. They confirmed their flexibility to
modify the basic proposal, if desired by the Council. Upon approval of the proposal, they
will prepare a draft survey and present it to the council for review and modifications, if
needed.
1
Requested Council Direction
Staff is seeking direction from the council as to whether the proposal is acceptable and
should be placed on the October 10, 2005 regular meeting agenda for action.
Attachments
1. DRL response to questions, Oct. 3, 2005
2. DRL proposal, Sept. 19, 2005
2
Page 1 of 1
Gordon Heitke
From: William Morris [wmorris @drlmpls.com]
Sent: Monday, October 03, 2005 1:31 PM
To: Gordon Heitke
Subject: Responses to City Council Questions
Hello Gordon,
Here are the responses to the three methodological questions raised by your Council Members:
1. Telephone calls are generally made on Monday through Thursday evenings and Saturday afternoons. We
make appointments if a household is reached at an inconvenient time. We will attempt to contact a household
up to thirty times over 10 days if necessary, so as not to bias the sample against residents with active lifestyles.
2. Accuracy of the sample is not based on the percentage of city households contacted, but on the number of
households contacted. In other words, a 400 household sample of Lino Lakes and a 400 household sample of
Minneapolis both result in an overall accuracy of +/- 5.0% in 95 out of 100 cases. We employ larger samples if
subgroups, such as geographical subdivisions, age, or ethnic groups, need to be focused upon.
3. The Centennial School District survey was based upon a random -digit dialing generated sample. Using
telephone company information about the exchanges serving the School District, random suffixes (4 digits)
were computer - generated. These telephone numbers were then called and screened to insure they were homes
within the District. When that criterion was met, the survey was administered to a randomly selected adult in
residence. In this way, we are able to avoid problems caused by unlisted numbers or gender biases resulting
from who first answers the telephone.
If you require further information, I will be happy to provide it.
Thanks.
Bill Morris
DRL
10/3/2005
fTh
PROJECT PROPOSAL
Decision Resources, Ltd.
3128 Dean Court
Minneapolis, Minnesota 55416
(612) 920 -0337
Fax: (612) 920 -1069
September 19, 2005
COMMENTS
Decision Resources, Ltd., is pleased to provide this proposal for survey research to you.
Survey Parameters:
Quality of Life and Visioning Study
400 Random Sample of City of Lino Lakes residents
'• Written Analysis of Survey
Presentation of Data and Findings
Costs:
400 Random Sample, ±5.0% in 95 out of 100 cases
40 Question Units $10,200.00
Each additional question would be: $135.00
This cost includes one meeting for the discussion of the survey and one meeting for a
presentation of the survey results. Any additional meetings would be $500.00 each.
Company policy requires one -half of the total cost at the time of the approval of the
question PRIOR TO FIELDWORK; the remainder is due at the time of the delivery of
the Report of Findings.
Project Timeline:
1. Planning with you and other designated participants to establish topics for questions.
This activity to be completed within two weeks of the initiation of the contract and
will be accomplished in the interests of efficiency, using telephone and faxes.
2. Structuring of questions and final approval of the survey instrument. These activities
to be completed within two weeks of the initiation of the contract.
3. Final determination of the field dates for the interviews and questionnaire approval.
4. Pre - testing and, if needed, approval of resulting revisions. This activity will be
completed by the second day of fieldwork.
5. Computer analysis and preparation of the written report. Frequencies of responses will
be provided to the client within two weeks after the completion of all fieldwork. All
statistical analysis and preliminary commentary will be available four weeks after
completion of the fieldwork.
6. Telephone discussion with you and designated participants to explain and discuss
survey results. This preliminary discussion can be arranged at a time convenient for
you and appropriate City Council and/or staff.
7. One meeting with City Council and/or staff in either work session or formal
presentation to explain and discuss the results of the survey. The final presentation or
discussion session can be arranged at a time convenient for Board members and/or
staff after delivery of the written report. A final written report would be made
available within two weeks of this final meeting.
Work Products:
Report of Findings
Frequencies of Responses
Cross- Tabulation Tables
Presentation Graphics
I hope this overview sufficiently covers all the information you require. Let me assure you that we
believe we can provide you with timely and reliable information. We look forward to the
opportunity to work with you. But, in any case, we wish you the best of luck with your efforts.
WS - 6
WORK SESSION STAFF REPORT
Work Session Item No. 6
Date: Council Work Session October 5, 2005
To: City Council
From: Gordon Heitke
Re: Joint Council/Charter Commission Meeting
Background
Following the presentation on city charters and charter commissions by an attorney from
the League of Minnesota Cities to the Council on April 6, 2005, questions were raised
regarding whether the agenda proposed for an April 14, 2005 joint meeting of the Charter
Commission and City Council was consistent with the statutory role and authority of
charter commissions. As the result of subsequent correspondence from the City's
attorneys, some city council members chose to not attend the joint meeting.
The issue of holding a joint Charter Commission and City Council meeting was discussed
again at the July 20, 2005 City Council work session. Council member /Charter
Commission Liaison Dahl was asked by the Council to provide a proposed agenda from
the Charter Commission for a joint meeting. Council member /Charter Commission
Liaison Dahl provided a proposed October 13, 2005 joint meeting agenda to staff at the
September 21, 2005 council work session. The proposed agenda is as follows:
A. Road Reconstruction
B. Pavement Management Report
C. Communication to Residents
D. Five -Year Plan
E. Eminent Domain Information/Discussion
This proposed meeting would constitute a special meeting of the City Council.
Therefore, the Council needs to confirm that they will be holding a special council
meeting in order for staff to provide proper legal notice of the meeting, including the
purpose of the special meeting.
Requested Council Direction
Staff is seeking confirmation that the Council is calling for a special City Council
meeting for October 13, 2005 at 6:30 p.m. and clarification of the purpose of the meeting
for notification purposes.
Attachments
1. City Attorney William Hawkins letter, April 12, 2005
2. City Attorney Barry Sullivan letter, April 14, 2005
2
04/13/2005 10:11 LAW OFFICE 2140 4TH RUE 4 6519522499
Law OFFICES OF
NO.570 D02
William G. Hawkins and Associates
Wa.Luevi G. HAwlorrs
Lcgoi Assistants
TAMMI J. UVEGES
BARRY A. StrulvAN HOLLY G. PROVO
April 12, 2005
Gordon Heitke
City Administrator
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: City Charter
Dear Mr. Heitke:
2140 FouIrrx AVENUE Noxrx
AxoKA, MINNESOTA 55303
PHONE (763) 427 -8877
FAX (763) 421 -4213
E-MAIL HawkLawl @aacom
I am responding to your request for my opinion concerning the legal authority of the
Lino Lakes City Charter Commission and what areas of responsibility they are charged
with pursuant to Minnesota law.
Minn. Stat. § 410 deals with the appointment of charter commissions and their duties
and responsibilities.
Minn. Stat. § 410.05, Subd. 1 states the following: "When the district court of the
judicial district in which a city is situated, deems it for the best interest of the city to
do so, the court, acting through its chief judge, may appoint a charter commission to
frame and amend a charter."
It should be pointed out that the Charter Commission is not a separate corporate or
political entity that has powers beyond those set out in Minn. Stat. § 410. There is
no authority found in this statute for the Charter Commission to institute lawsuits,
commence enforcement actions for violation of the charter or require the other City
advisory commissions or the City Council to appear before the commission or to
provide information to the commission not related to the primary function of the
Charter Commission to consider framing and amending the charter.
You have provided me with the agenda for a joint meeting between the Charter
Commission and the City Council for April 6, 2005. A question has been raised of
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Mr. Gordon Heitke
April 12, 2005
Page 2
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whether or not these topics are outside the purpose and authority of the Charter
Commission. Unless these topics are related to consideration of an amendment of the
existing Charter, 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. Section
2.01 of the Charter states: "AII powers of the City are vested in the Council." There
is no provision in Minnesota law or in the City Charter that requires them to seek the
advice, consent or approval of the Charter Commission for any of these subjects on
the agenda. Whether or not the City Council wishes to discuss any of these items
with the Charter Commission is purely at the discretion of the City Council.
I further note that the issue of a city charter commission budget is addressed in Minn.
Stat. § 410.06. This statute states the following:
"The members of such commission shall receive no
compensation but the commission may employ an attorney
and other personnel to assist in framing such charter and
any amendment or revision thereof, and the reasonable
compensation, and the cost of printing such charter, or any
amendment or revision thereof when so directed by the
commission shall be paid by the city. The amount of
reasonable and necessary charter commission expenses
that should be paid by the city shall not exceed in any one
year the sum of $1,500; but the council may authorize
such additional charter commission expenses as it deems
necessary."
It is my opinion that the City Council is obligated to pay up to $1,500 for reasonable
and necessary expenses but any further expenses beyond that are at the discretion of
the City Council.
I hope this clarifies the law regarding the relationship of the City Charter Commission
to the City Council and the authority of the Charter Commission pursuant to
Minnesota statute.
WGH /tju
April 14, 2005
The Honorable Mayor John Bergeson
and Members of the Lino Lakes City Council
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Joint City Council /Charter Commission Meeting
Dear Mayor Bergeson and Members of the City Council:
Please consider this a supplement to the letter Bill Hawkins sent to you dated April 12,
2005. A copy is attached herewith. It is my understanding that the Lino Lakes Charter
Commission has its regular meeting this evening and that part of the meeting was to be a
joint meeting with the City Council. It is also my understanding that the City Council
recently met with an attorney from the League of Minnesota Cities and discussed
generally the respective roles and authorities of charter commissions and city councils. It
is my understanding further that the City Council intends to invite the attorney from the
League of Minnesota Cities to give a similar presentation to the Charter Commission in
July.
It seems to me at this time that there are fundamental issues regarding the role and
authority of the City Council and the Charter Commission that are unresolved. I suggest it
would be in the best interests of all involved if the joint meeting occurred after the July
meeting with the representative of the LMC and the Charter Commissioner. Both groups
should have the opportunity to consider the important information that the LMC attorney
will provide. After that session has occurred, both the City Council and the Charter
Commission can determine whether a joint meeting would be desired.
Thank you for your attention to this matter.
Sincerely,
Barry A. Sullivan