HomeMy WebLinkAbout09/08/2008 Council MinutesAPPROVED
MINUTES
2 CITY COUNCIL WORK SESSION
3
4 DATE : September 2, 2008
5 TIME STARTED : 5:35 p.m.
6 TIME ENDED : 9:55 p.m.
7 MEMBERS PRESENT : Council Members O'Donnell, Reinert, Gallup,
8 Stoltz and Mayor Bergeson
9 MEMBERS ABSENT : none
10
11
12 Staff members present: City Administrator, Gordon Heitke; Community Development Director,
13 Mike Grochala; Director of Public Safety, Dave Pecchia; Finance Director, Al Rolek; City Clerk,
14 Julie Bartell; Economic Development Coordinator, Mary Alice Divine
15
16 1. Review of Charter Amendment Ballot Questions Administrator Heitke explained that
17 the council basically has two charter amendments on the table — the council's ordinance that has
18 received first reading and was referred to the Charter Commission, and the charter amendment
19 proposal that was submitted by a citizen petition. Based on previous council discussion,
20 Attorney Steve Bubul has drafted ballot questions for both of those amendments.
21
22 Regarding the citizen petition, City Clerk Bartell explained that the process of determining
1023 sufficiency was completed. A memorandum was distributed that updated the council on the
24 petition certification process, one being that after the petition was certified, resident Michael
25 Trehus communicated two concerns: that one section of the petition is invalid because the
26 circulator page was signed before some of the dates on the petition(s) within that section.
27 Attorney Bubul has reviewed that question and determined that in fact the signatures within that
28 section of the petition should be found invalid. He feels the circulator could re-sign the affidavit
29 and resubmit those signatures but it isn't necessary since the valid signature count, minus those
30 invalid signatures totaling eight, would be within the number required. Mr. Trehus' second
31 question has to do with staple holes in the petition pages.
32
33 Attorney Bubul indicated that with the information he has received on the staple question, it
34 would be difficult to determine that the petition is unacceptable for that reason.
35
36 The council requested a written legal response to the issues raised by Mr. Trehus.
37
38 The council discussed the two options for ballot language requested by the council and drafted
39 by the Attorney Steve Bubul.
40
41 Attorney Bubul explained that the council has two mutually exclusive amendments. As far as
42 the possibility of putting two questions on the ballot, he finds that the statute does indicate that
43 when you are initially creating a charter, you can give choices; he thinks that means when you
44 are doing an amendment you can do the same thing. Because of their nature, it seems that if two
45 questions were put on the ballot, it would be necessary to give an option A or B — because they
46 are conflicting. What if you don't want to amend the charter at all - that could be another option
CITY COUNCIL WORK SESSION -2- September 2, 2008
APPROVED
7 put on the ballot. If the council does want to go with the dual option, Mr. Bubul suggested that
8 he would have to confer with the Secretary of State on some technical ballot issues.
49 Neither option A or B would pass without a 51 percent affirmative vote. The council has no
50 option on whether or not to put the petitioned question on the ballot. They approve the ballot
51 language however. Mr. Bubul explained that if someone doesn't vote, it would not count as a
52 "no" or "yes" vote. It is not uncommon for people to skip these questions.
53
54 In reviewing the presented ballot language, the council concurred that the language related to the
55 petition question should include "as petitioned by registered voters".
56
57 A majority of the council requested that ballot language be prepared for the September 8, 2008
58 council meeting that puts only Option B (petition) on the ballot for the November general
59 election.
60
61 The council discussed the possibility of adding language that explains the consequence of the
62 vote. That may also be part of the communication plan.
63
64 Attorney Bubul noted that the council should also remain cognizant of the language on the
65 petition that was signed. He will attempt to add some language to the proposed ballot language
66 as an requested.
67
68 The council called a special work session to be held September 8, 2008 at 6:00 p.m. for the
•69 purpose of reviewing the proposed ballot language.
70
71 2. Charter Amendment Communication Plan — Chris Deets, Dustin Deets LLC,
72 introduced himself and provided the council with communication plan proposal entitled
73 "Citizens Awareness Plan — Initial Draft". Mr. Deets briefly reviewed his professional
74 experience in the area of communications and reviewed his proposal in detail.
75
76 When asked how the plan could encompass the council's desire to keep any city sponsored
77 communication plan pro -information and unbiased, Mr. Deets suggested that he is experienced in
78 providing education without bias. In explaining the "with" or "without video", Mr. Deets noted
79 that it is a different kind of message that gets through with a visual element. It brings motion
80 into the issue, brings voices that aren't the council's, and delivers the message in a way that
81 people prefer to receive it.
82
83 A council member suggested that to get a message out, you must use a multi -tiered approach. It
84 was noted that the Website was utilized well during the citizen's survey while cable viewing was
85 not so effective; a newsletter delivered to every door is fairly effective option.
86
87 Economic Development Coordinator Divine weighed in on the logistics of putting out a special
88 edition. Timing is definitely a consideration.
89
90 Mr. Deets suggested an initial brainstorming session would be appropriate (sometime during the
•91 week of September 15). Mr. Deets would come prepared with more details on costs and options.
92 Citizens are going to fill in the blanks and it's the council's responsibility, in his opinion, to
CITY COUNCIL WORK SESSION -3- September 2, 2008
APPROVED
3 make sure the blanks are filled with facts. The council suggested that they will also consider a
4 good balance between the financial responsibilities of paying for this communication effort with
95 the need to provide good voter information.
96
97 3. Town Center Update — Finance Director Rolek and Terri Heaton, financial advisor from
98 Springsted, Inc. reported. Since the council's last discussion about the financing situation for the
99 Town Center bonds, staff and Ms. Heaton have looked at a variety of different options for
100 restructuring, including an interest rate swap scenario.
101
102 Ms. Heaton reviewed options including issuance of fixed rate bonds, a "swap" that begins as
103 variable rate and becomes fixed rate and a straight variable rate bond. The swap scenario is not
104 uncommon with cities; it's not recommended for a bond that relies on a tax levy.
105 Administratively the swap is more tedious but you can budget for it because you get regular
106 updates on impacts on your bonds. The benefits to a swap are outlined in the report and are
107 basically tied to rate savings.
108
109 The council recalled the request for additional information on the group that is representing all
110 the twenty eight holders, Marshall Investment Company. There is little information available
111 other than the group is made up of smaller entities; the effort to gain information on the group
112 will continue.
113
114 Director Rolek added, while there is always risk involved, what the city has going for it is that
Alk 15 there are special assessments against the property and the right to collect those assessments goes
W16 with the property as a lien. Mr. Rolek suggested that with the value of the land in the area of $14
117 million, it seems unlikely that such an asset would be allowed to go tax forfeit.
118
119 Staff would intend to continue their study of the different approaches, including information on
120 the all the impacts of a swap. It shouldn't have an impact on the city's credit rating in any case
121 since the bonds were issued as general obligation and that promise of payment from a tax levy
122 doesn't go away.
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124 Staff will plan to present a recommendation at the first meeting in October.
125
126 4. 2009 Budget Update — Finance Director Rolek indicated that he had previously provided
127 the council with updated pages for their budget books that brought them up to date through the
128 last discussion. The council will consider preliminary budget actions at their meeting on
129 Monday, September 8. Tonight would be the council's opportunity for new questions or
130 comments. No comments were offered.
131
132 5. DeHaven Minor Subdivision (council requested) — Community Development Director
133 Grochala reported that the city has received an application from the DeHaven's for their
134 subdivision. Initially the application was found to be incomplete and they were informed as to
135 how they could proceed. Mr. Grochala added that he has since met with the DeHaven's to
136 further explain how their application can be finalized, including some title corrections regarding
•137 a property question related to St. Paul Water Works. He explained the type of expenses that
138 would normally be charged to an escrow account. Currently there is nothing that has been
CITY COUNCIL WORK SESSION -4- September 2, 2008
APPROVED
A1139 charged since a complete application hasn't been received. Staff awaits submission of a
40 complete application and will continue working with the DeHaven's as necessary.
141
142 6. Community Information Sign — Public Services Director DeGardner reported that staff
143 has continued to work with the Lino Lake Lions Club on their effort to place an illuminated
144 message board at the southeast quadrant of Lake Drive and Town Center Parkway. The council
145 reviewed a drawing of the proposed sign that would include a 2' X 7'7" scrolling electronic
146 message board. The location of the sign would be on Anoka County right-of-way and an
147 application for county permission will be submitted. The residents adjacent to the sign have
148 submitted a letter in support of the project. Staff remains concerned about the public safety
149 aspect of placing a message board along a county road. If the council is comfortable with the
150 proposal, staff will get things moving.
151
152 Lino Lakes Lion Richard Benjamin added that the sign will have the potential for more services.
153
154 The council suggested that the sign be changed from "Message" to "Messages".
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156 Regarding on-going costs, the Lions are willing to enter into a discussion about an ongoing
157 contribution.
158
159 The council gave general consensus to the proposal. Staff will bring official actions to the
160 council as appropriate; Public Services Director DeGardner was designated as the City's
W.61 representative for working on the project.
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163 7. Comprehensive Plan Update- Community Development Director Grochala distributed
164 to the council the draft 2030 Comprehensive Plan, Community Review Draft.
165 The schedule for review of this document includes a public open house on September 3 followed
166 by a public hearing before the Planning & Zoning Board on September 10. The document will
167 be on the council's October 6 work session agenda and staff recommends that the council
168 schedule a special meeting in mid-October for further review. The plan could be approved for
169 distribution at the October 27 regular council meeting.
170
171 The council directed the City Clerk to work with the Community Development Director to set up
172 special council sessions as needed.
173
174 8. Civil Legal Services — The Mayor asked the council if they'd like to pick a date by when
175 they'd like to have a decision made on civil legal services. The first of the year was agreeable
176 for the deadline. The October work session agenda should include a discussion on this — as the
177 first item. The council members will bring their rankings to that meeting.
178
179 9. Franchise Agreement - Administrator Heitke recalled that previous council discussion
180 seemed to leave off at the point of not inhibiting the City's ability to collect franchise fees,
181 including Centennial Gas. He distributed some financial information. On the issue of being able
182 to preserve the seven percent figure with Centennial Gas without inhibiting future change, the
•183 attorney will work that out as he drafts an agreement. On the question of putting in language that
184 would inhibit future council's from collecting additional revenue, the attorney was not confident
CITY COUNCIL WORK SESSION -5-- September 2, 2008
APPROVED
5 but will pursue with further direction. Mr. Heitke said the numbers he put together indicate some
6 basic figures on what the city could be looking at if fees were done in the future. There does not
187 seem to be any argument from utilities on three percent. Xcel is interested in getting this settled
188 and would accept five but not seven. It was confirmed that a cap would be allowed (such as
189 allowing a three percent but only charging one), but the utility companies want it equal across
190 the agreements which means the Centennial Gas situation may have to be addressed when that
191 agreement terminates in 2012.
192
193 Administrator Heitke added that Circle Pines is in the process of instituting an across the board
194 three percent franchise fee that will be earmarked for road improvements.
195
196 The council expressed interest in the franchise agreements reflecting a one percent fee but
197 including a cap (possibly three or five percent). Administrator Heitke also indicated that he is
198 attempting to limit the term of the agreements to ten years. He suggested that the city will hear
199 from the utilities that they would prefer a meter fee rather than a percentage. It is easier for
200 utility administration and it is a fixed addition to the consumer's bill that can be categorized by
201 user. There is some movement among cities to that way of charging.
202
203 The Administrator indicated that, based on the council's direction, he will come back with
204 additional information.
205
206 10. Policy/Procedures for Cancellation of Council Meetings — Mayor Bergeson recalled
ak 07 that the council agreed that the procedure will be that when there is a question about cancelling a
111 08 meeting, the council will be polled and majority rules.
209
210 Administrator Heitke presented alternatives for a policy relative to cancelation of meetings.
211
212 The council concurred that they prefer alternative two — with no differentiation between work
213 sessions and council meetings. If there might be a reason to cancel a meeting, council or staff
214 could propose the cancelation, the council will be polled and majority rules.
215
216 Administrator Heitke added that he will continue his current practice of monitoring and advising
217 the council on possible quorum or diminished attendance (three council members) situations.
218
219 11. Liquor Ordinance — City Clerk Bartell noted that the city has a moratorium on the issuance
220 of off -sale liquor licenses. The council wanted to review the city's current liquor regulations as
221 they relate to off -sale licenses for possible changes. A citizen petition was submitted by two
222 store owners requesting additional restrictions (mirroring the City of Blaine's ordinance). Other
223 ways of limiting licenses according to the League of Minnesota Cities are through zoning
224 restrictions or simply limiting numbers. Cities are allowed considerable authority in establishing
225 their local liquor regulations.
226
227 Chief Pecchia indicated that he has mixed feelings about any change. From a public safety
228 aspect, he is comfortable with the current regulations.
•229
CITY COUNCIL WORK SESSION -6- September 2, 2008
APPROVED
0 The council concurred that more legislation in the area isn't desired at the current time. The
1 market regulates the situation well.
232
233 12. Review Regular Agenda — Based on earlier discussion, Item 3A will be removed and Item
234 3C comes off because it will be discussed at a special meeting.
235
236 The meeting was adjourned at 7:45 p.m.
237
238 These minutes were considered, corrected and approved at the regular Council meeting held on
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September 22, 2008
vly."e- 746eltre,)
242 Julianne Bartell, City Clerk John Bergeson, Mayor
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