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HomeMy WebLinkAbout2008-098 Council Resolution• • • 0 Member o !Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -98 RESOLUTION RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of the City of Lino Lakes, Anoka County, Minnesota ( "City") as follows: 1. The City Council hereby finds and determines that the City Council has duly received a proposed amendment to the City's Charter initiated by a petition of voters pursuant to Minnesota Statutes, Section 410.12, subdivision 1, 2 and 3, which amendment generally changes the procedures for financing of public improvements with special assessments. 2. In accordance with Minnesota Statutes, Section 410.12, subdivision 3, the City Clerk duly examined the petition within ten days after filing thereof, and after notifying petitioners of certain insufficiencies and examining a supplemental petition filed by petitioners within ten days after such notification, duly certified that the petition was properly attested and was signed by a sufficient number of registered voters (being a number equal to five percent of the total votes cast at the last previous state general election in the City). 3. As required under Minnesota Statutes, Section 410.12, subdivision 4, the proposed charter amendment will be submitted to the voters of the City at the special election to be held (as part of the general election) on Tuesday, November 4, 2008. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to municipal elections and the City's home rule charter. 4. The City Clerk is directed to cause a notice of election or sample ballot, or both, in substantially the form attached hereto as Exhibit A to be posted and published as required by law and as follows: (a) The notice of election, including the complete text of the proposed charter amendment, will be published in the official newspaper of the City once a week for two successive weeks prior to the election; The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election and a sample ballot will be posted at each polling place on election day; and (c) The sample ballot will be published in the official newspaper at least one week prior to the election. (d) The City Clerk will provide written notice of the election to the Anoka County Auditor at least 53 days before the election, including the date of the election and title and language for the ballot question. (b) 1 • • 5. The polling places, hours of election and the respective judges for the election will be those established by the City for general elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 6. (a) The City Clerk is authorized and directed to prepare the ballot in substantially the following form, subject to the terms of Section 6(b) hereof: CITY QUESTION BALLOT SPECIAL ELECTION CITY OF LINO LAKES November 4, 2008 INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. (b) CITY QUESTION NO. 1: PROPOSED CHARTER AMENDMENT INITIATED BY VOTER PETITION Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of public improvements with special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current City Charter procedures that include a city -wide referendum for most improvements? CD YES CD NO The City Clerk is authorized and directed to prepare ballots pursuant to the requirements of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling place with at least two sample ballots which are facsimiles of the card to be voted on in that precinct, in accordance with Minnesota Statutes, Section 206.62. 7. The City Council shall meet in the City Hall on November 10, 2008, at 6:30 p.m., C.T. to canvass the results of the election and to declare the results thereof. Approved by the City Council of the City of Lino l*es this 8th day of September, 2008. ATTE T: !1 e Bartell, City ler 2 Berg on, Mayor • • • The motion for the adoption of the foregoing resolution was duly seconded by member Stoltz and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Stoltz, Reinert, Gallup, Bergeson And the following voted against the same: none Whereupon said resolution was declared passed and adopted. 3 • • NOTICE OF SPECIAL ELECTION CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Lino Lakes, Anoka County, Minnesota, on Tuesday, the 4th day of November, 2008, at which the following proposition will be submitted to the voters of the City for their approval or rejection: PROPOSED CHARTER AMENDMENT INITIATED BY VOTER PE'I'H ION Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of public improvements with special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current City Charter procedures that include a city -wide referendum for most improvements? CD YES O NO TEXT OF PROPOSED CHARTER AMENDMENT Section 1. Chapter VIII, Sections 8.01 through 8.07 of the Lino Lakes Charter are repealed. Section 2. New Chapter VIII, Section 8.01 of the Lino Lakes City Charter is approved to read as follows: The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law. The polling places for said election are as follows: Precinct No. 1 Precinct No. 2 Precinct No. 3 Precinct No. 4 Precinct No. 5 Precinct No. 6 Precinct No. 7 Lino Lakes Senior Center, 1189 Main Street Centennial Fire Station #2, 7741 Lake Drive St. Joseph Catholic Church, 171 Elm Street Lino Lakes City Hall, 600 Town Center Parkway Rice Creek Covenant Church, 125 Ash Street Living Waters Lutheran Church, 865 Birch Street Rice Lake Elementary School, 575 Birch Street The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election at the polling place for the precinct in which the voter resides, and any resident of the City not previously registered as a voter may register on election day. Dated: , 2008. BY ORDER OF THE CITY COUNCIL /s/ Julie Bartell City Clerk • Section 1. TEXT OF PROPOSED CHARTER AMENDMENT Chapter VIII, Sections 8.01 through 8.07 of the Lino Lakes Charter are repealed. Section 2. New Chapter VIII, Section 8.01 of the Lino Lakes City Charter is approved to read as follows: The City may undertake public improvements financed in whole or in part with special assessments in accordance with state law" • • STATE OF MINNESOTA • ) COUNTY OF ANOKA )SS. CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on September 8, 2008, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the calling of a special election for a proposed amendment to the charter of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this 92, g day of C, - , 2008. (SEAL 6 erk City • Lino Lakes, M ynesota COUNCIL MINUTES September 8, 2008 APPROVED •41 September 15 of each year. Resolution No. 08 -91 represents the budget that the council 42 discussed and formed during this year's budget review period. The proposed budget represents a 43 1.58% increase from the 2008 adopted budget but will result in a lower tax rate to the taxpayers 44 while maintaining proper services levels. 45 46 Council Member O'Donnell moved to approve Resolution No. 08 -91, as presented. Council 47 Member Gallup seconded the motion. Motion carried on a voice vote; Council Member Reinert 48 recorded as voting no. 49 50 2B. Resolution No. 08 -92 Adopting Preliminary 2008/09 Property Tax Levy — Finance 51 Director Rolek noted that state statute also requires adoption of a preliminary tax levy prior to 52 September 15. Resolution No. 08 -92 proposes a levy increase of 4.24% over 2007/2008, within 53 the state imposed property tax levy limits. The proposed levy, the maximum for the city, would 54 result in a tax rate slightly down from 2008. The levy includes funding for the general operating 55 budget as well as general bonded debt and tax abatements. 56 57 Council Member Reinert moved to approve Resolution No. 08 -92, as presented. Council 58 Member Stoltz seconded the motion. Motion carried on a voice vote. 59 60 2C. Resolution No. 08 -93 Setting Truth -in- Taxation Hearing Date — Finance Director 61 Rolek outlined the dates proposed for the city's required Truth -In- Taxation hearings. 62 •63 Council Member Gallup moved to approve Resolution No. 08 -93, as presented. Council 64 Member O'Donnell seconded the motion. Motion carried on a voice vote. 65 66 2D. Resolution No. 08 -94 Canceling the 2008 -09 Debt Service Tax Levy for G.O. Tax 67 Increment Financing Bond Series 2007A — Finance Director Rolek explained that the city has 68 an option each year on whether or not to levy taxes for G.O. Tax Increment Financing Bonds 69 2007A. He finds that adequate resources are available for debt service on these bonds and is 70 therefore recommending that such a tax levy be canceled. 71 72 Council Member Stoltz moved to approve Resolution No. 08 -94, as presented. Council Member 73 Gallup seconded the motion. Motion carried on a voice vote. 74 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 75 Item 3A had been previously removed from the agenda. 76 77 3B. Resolution No. 08 -98 receiving proposed charter amendment and calling a special 78 election theron (citizen petition) — City Clerk Bartell reported that on August 12, 2008, a 79 petition was submitted to the City and the Lino Lakes Charter Commission by the Lino Lakes 80 Citizens for Safer Roads. The petition requests amendment of the City Charter regarding 81 procedures for special assessments for public improvement projects. The form of the petition 82 was found to meet the statutory requirements related to charter amendments and petitions. On • 83 August 20, the petition was found to be insufficient in registered voter signatures and the 84 petitioners were so informed. On August 28, as allowed by state statute, a supplemental petition -2- COUNCIL MINUTES September 8, 2008 APPROVED was submitted. With the supplemental signatures, the petition was then found to be sufficient • 85 86 and therefore was certified. State statute designates that the governing body (the city council in 87 this case) shall fix the form of the ballot for all amendments. The City's attorney, Steven Bubul, 88 has prepared a resolution relative to ballot language for the citizen proposed charter amendment. 89 It contains options for council consideration. 90 91 Laura Carlson, 585 Ash Street, former Visioning Group and Citizen's Task Force member read a 92 statement relative to her education on and experience with the city charter and the public 93 improvement process in Lino Lakes. She supports the council's decision and the citizen petition 94 request to place on this fall's ballot the adoption of State Statute 429. 95 96 The mayor noted that the council is required to put the petitioned question on the ballot this fall. 97 It is the council's job to decide upon the ballot language. 98 99 Mr. Bubul reviewed the three wording options discussed by the council earlier. The options are 100 to simply state the exact text of the amendment that is included in the petition, to describe the 101 text of the amendment somewhat, or to describe the text of the amendment and highlight that two 102 features of the existing charter would change. The council discussed amendment of the third 103 option to include mention of the referendum but to strike the veto language. 104 105 Council Member O'Donnell moved to approve Resolution No. 08 -98, as amended to include 106 ballot language that reads as follows: .7 8 Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of 109 special assessments using the procedures of Minnesota Statutes, Chapter 429 instead of current 110 City Charter procedures that include a city -wide referendum for most improvements? 111 112 Council Member Stoltz seconded the motion. 113 114 There was a discussion of the history of how the city charter was put in place, how the current 115 charter impacts the city's ability to reconstruct roads, and how more than one charter amendment 116 came forward. Putting more than one amendment on the ballot had been discussed and 117 dismissed by the council. It was suggested by a council member that if the proposed charter 118 amendment (petitioned) is approved, the council should consider some type of opt -out process 119 for residents who strongly do not want their road reconstructed (as was included in the charter 120 amendment proposed by the citizens task force). 121 122 There was an allegation by a council member that unethical meetings and behavior had taken 123 place regarding the matter of the charter amendment petition. 124 125 The allegation was questioned. It was then further explained that the specific allegation is that 126 an illegal meeting took place about six weeks previous to discuss this topic. It was also alleged 127 that the petition came forward with a lot of involvement by the mayor. 128 43 29 The mayor responded that he was not involved as alleged and further there was no illegal 0 meeting that occurred. -3- COUNCIL MINUTES September 8, 2008 APPROVED .31 32 The allegation was then challenged by a council member as a serious and unfounded accusation. 133 It was suggested that the allegation of an illegal meeting should be probed, and if it is found to be 134 false, a public apology called for. 135 136 The council continued their discussion of the proposed ballot language. The council announced 137 that they are working with a consultant on a communication plan to get information on the 138 amendment question to the citizens. There will be a special work session on Thursday, 139 September 18 (subsequently changed to Monday, September 22) to discuss that communication 140 plan; the council welcomes public input. The question will be put to the voters and it will be 141 their decision. 142 143 An independent investigation of the allegation of an illegal meeting was called for. Two council 144 additional members concurred. 145 146 Attorney Bubul suggested a wording change to the ballot language on the floor as follows: 147 148 Should Chapter 8 of the City of Lino Lakes charter be amended to authorize the financing of 149 public improvements with special assessments using the procedures of Minnesota Statutes, 150 Chapter 429 instead of current City Charter procedures that include a city -wide referendum for 151 most improvements? 152 .43 The maker and second of the motion concurred with Mr. Bubul's recommendation. 155 Motion carried on a voice vote. 156 157 Item 3C had been previously removed from the agenda. 158 159 3D.i. Ordinance No. 12 -08 regarding Background Checks, for 2' Reading and 160 passage - City Clerk Bartell reported that the city does background checks on individuals for 161 employment and licensing purposes. The state Bureau of Criminal Apprehension (BCA) is 162 requiring that cities adopt new code language if they would like their police departments to have 163 access to BCA data.. Ordinance No. 12 -08 adopts this new language. First reading was 164 approved on August 25 and staff is now recommending approval of second reading, along with 165 authorization for summary publication. 166 167 Council Member O'Donnell moved to dispense with full reading of the ordinance. Council 168 Member Reinert seconded the motion. Motion carried on a voice vote. 169 170 Council Member Stoltz moved to approve the 2nd reading and adoption of Ordinance No. 12 -08 171 as presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion 172 carried as follows: Yeas, 5; Nays none. 173 174 ii. Resolution No. 08 -100, authorizing summary publication of Ordinance No. 12 -08. 4/75 6 Council Member Reinert moved to approve Resolution No. 08 -100, as presented. Council -4-