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HomeMy WebLinkAbout01-12-2012 Minutes1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 r•-- 44 45 Charter Commission January 12, 2012 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: FINAL DRAFT CITY OF LINO LAKES CHARTER COMMISSION : January 12, 2012 : 6:35 p.m. : 8:35 p.m. : Bretoi (left at 7:25 p.m.) Dahl, Lyden, Gunderson, Penn, Storberg, Trehus, Turcotte, Williams, Aldentaler, Bartsch, Helgemoe, Sutherland, Timm : Zastrow : None : None : Citizen Dean Hausladen; Council Members Dale Stoesz, Rob Rafferty and Mayor Reinert CALL TO ORDER AND ROLL CALL Chair Dahl convened the meeting of the Lino Lakes Charter Commission at 6:35 pm on Jan. 12, 2012. INTRODUCTION OF NEW COMMISSIONERS Chair Dahl asked the three new commissioners to introduce themselves to the other Commissioners. Commissioner Kathryn Timm has lived in Lino Lakes since 1999 and is an attorney in the Civil Division of the Anoka City Attorney's office. Commissioner Jason Helgemoe has lived in the city since 1989 and is a Commercial Banker for Western Bank in Mounds View. Commissioner Daryl Bartsch is the owner of a medical device distribution company and has lived in the city for 30 years. OPEN MIC/PUBLIC COMMENT No one present opted to speak for the open mike. APPROVAL OF AGENDA Agenda was accepted as presented without additions APPROVAL OF MINUTES MOTION by Commissioner Sutherland, seconded by Commissioner Bretoi, to approve the amended minutes for January 13, 2011, July 28, 2011 and October 13, 2011. Motion passes with three abstentions. Chair Dahl noted that all previously unfinished minutes were now finished and will be forwarded to the City Clerk. 1 Charter Commission January 12, 2012 Page 2 46 UNFINISHED BUSINESS 47 48 Charter Amendments. 49 50 Commissioner Trehus discussed the referral to the Commission from City Council and staff 51 regarding election timing changes in State law. He noted that an earlier request by the 52 Commission to Council for funding for attorney's fees to review the proposal had been rejected, 53 but felt that a second request was appropriate. 54 55 MOTION by Commissioner Trehus, seconded by Commissioner Sutherland, requesting Chair 56 Dahl to write to Ms. Marty asking for an estimate of the fees required to review the draft 57 amendment language from City Staff. Upon receipt of the estimate, the Chair is further directed 58 to write to the Council requesting the necessary funds. 59 Motion passes unanimously. 60 61 Commissioner Trehus reviewed the background on the Tax Cap amendment proposal and the 62 Chapter 1 proposal to clarify the role of the Charter Commission. These amendments have been 63 in development for over two years of very hard work by the Charter Commission, its 64 subcommittee, and its attorney; and have been discussed with the City Council in joint meetings 65 during that period. The two amendments were submitted to City Council on July 28, 2011 to be 66 adopted by ordinance, which requires a unanimous vote of the Council following the 67 Commission's recommendation. Neither amendment request received council support. At the 68 Oct. 13, 2011 meeting, Commissioners voted to have the Commission's attorney review the 69 opinions that had been obtained by the Council's attorney and financial consultant. The review 70 was to take place after 1/1/12 so that funding to pay for the review would be available. Ms. 71 Marty's response had not been obtained until Jan. 12, and was distributed at the meeting. Her 72 position differs significantly from the opinions obtained by the council in that she recommends 73 that the amendments proceed as originally drafted. 74 75 Commissioner Storberg requested clarification as to whether Ms. Marty disagrees with the 76 opinion rendered by the City attorney Joseph Langel. Commissioner Gunderson asked whether 77 there is a firm or a single attorney representing the City. 78 79 As Council Member Rafferty was in attendance he clarified that Mr. Langel is under contract 80 with the City. Commissioner Storberg asked Council Member Rafferty why the City changes 81 attorneys when new attorneys may have to start from scratch in gaining knowledge and 82 background about the issues about which they are providing Council. Council Member Rafferty 83 indicated that decisions about engaging outside counsel were made to be mindful of economics. 84 Getting back on topic, Commissioner Trehus stated that both amendments have been through a 85 peer review process, and recommended that the Commissioners vote at this meeting to have the 86 amendments placed on the ballot for the November 2012 election. 87 88 MOTION by Commissioner Lyden, seconded by Commissioner Sutherland, to have both 89 amendments and their ballot language placed on the ballot. 90 Motion caries. Opposed: Commissioner Timm. Abstaining: Commissioners Helgemoe and Penn 2 Charter Commission January 12, 2012 Page 3 91 92 Commissioner Trehus reviewed several other amendments that the Charter Commission is in the 93 process of developing. 94 95 NEW BUSINESS 96 Memo from the City Administrator 97 The memo indicated that at its December 5, 2011 work session the council discussed how to 98 move forward with needed street improvements in the City. At the Jan. 3. 2012 work session the 99 Council proposed creating a task force to review Charter Provisions related to Street 100 Reconstruction. The task force would be composed of two Council members; one representative 101 from each of the City's four advisory boards; three Charter Commission members, and Kathi 102 Gallup, former Council member and chair of the 2007 Citizens Task Force. The memo requested 103 that the Charter Commission consider appointing three members to participate on the task force. 104 Commissioner Sutherland noted that it could be difficult to identify three members who could 105 represent the body of the Commission 106 107 Commissioner Bretoi departed at 7:25 108 109 Commissioner Trehus read from the memo, which stated thatthe purpose of the Council's Task 110 Force is to get the Charter changed. He noted that the focus was apparently not on reconstructing ^111 roads. .12 Commissioner Storberg offered to provide some perspective for new Commissioners, stating that 113 the Charter does not stop the repair of existing roads. The Charter covers only the construction 114 of new roads. She also questioned the need for a task force. 115 Commissioner Gunderson noted that the issue of a task force was raised at the July 2010 joint 116 Commission -City Council meeting. She further commented that they have been several 117 opportunities to change Chapter 8 and that citizens have rejected that changes each time. 118 119 MOTION by Commissioner Sutherland, seconded by Commissioner Turcotte, to have the Chair 120 draft a response thanking the Council for their request to participate and that the Commission is 121 respectfully declining. 122 Several Commissioners spoke against the motion. 123 Commissioner Penn indicated she would be voting against it because refusal to participate 124 furthers the perception of the Commission as obstructionistic. 125 Commissioner Gunderson noted that there is considerable likelihood that the Council will 126 procede with the task force without Commission involvement. 127 128 Commissioner Trehus stated that there is a process for proposing amendments to the Charter. 129 The Task Force would be acting in strictly advisory capacity and would not be able to create 130 amendments. He also noted that there have been multiple attempts to remove Chapter 8 and that 131 multiple projects proposed by the City have been defeated by the residents. He also expressed 132 concern that the Council may have "stacked the deck" in its favor with its choice of members and � 133 advisors, and by appointing 7 members versus the 3 allotted to the Commission. 134 Commissioner Turcotte indicated that the Task Force is not being proposed due to a road issue 135 but a sewer and water issue. 3 Charter Commission January 12, 2012 Page 4 136 Commissioner Lyden noted that when the issue was being raised for a vote by citizens in 2008 137 the City published a pamphlet to present their perspective. He had requested that the 138 Commission be allowed to have equal space to provide its point of view and was refused. He 139 also noted that the Council has a budget for road repair. 140 Commissioner Bartsch questioned why the City can't move ahead with decisions regarding road 141 repair. He noted he resides in a subdivision where roads have not been repaired for 30 years. 142 Commissioner Helgemoe commented that as a business owner having good infrastructure in the 143 city is important to the ability to attract new business. He also questioned where he could go to 144 get more information on the process for approving road repairs. 145 Commissioner Gunderson noted that Mr. Grochala of the City provided her with criteria and 146 where general funds will be required. 147 Commissioner Gunderson called the question. 148 Motion was passed with Commissioners Aldentaler, Bartsch, Dahl, Lyden, Sutherland, Trehus, 149 and Turcotte voting in favor; Commissioners Gunderson, Helgemoe, Penn, Storberg, Timm and 150 Williams voting against. 151 152 Election of Chair, Vice Chair, Secretary 153 Chair Dahl commented that she has served as Chair for 3 '/2 years and appreciates the support she 154 has received. She also noted that she would be interested in the role of Vice Chair. 155 She proposed Commissioner Lyden for the position of Chair. 156 MOTION by Commissioner Trehus, seconded by Commissioner Gunderson, to elect _57 Commissioner Lyden the position of Chair. 158 Motion carries unanimously. 159 MOTION by Commissioner Sutherland, seconded by Commissioner Storberg to elect 160 Commissioner Dahl to the position of Vice Chair. Motion carries unanimously. 161 MOTION by Commissioner Trehus, seconded by Commissioner Gunderson to elect 162 Commissioner Penn to the position of Secretary. Motion carries unanimously 163 164 MOTION by Commissioner Storberg seconded by Commissioner Gunderson to add an 165 additional item to the agenda to provide an opportunity for the two Council members present to 166 share their perspectives. Motion carries unanimously 167 Council Member Stoesz noted that his primary reason for attending was to educate himself on 168 ways that the Commission and Council could work together and that he was disappointed that the 169 Commissioners chose to reject the offer to participate in the task force. 170 Council Member Rafferty noted that was attending as a citizen. He has been on the Council for 171 only two years and does not believe he has done anything that would harm his relationship with 172 the Commission. 173 Commissioner Sutherland thanked the Council members for their attendance. 174 175 Commissioner Helgmoe asked if current Commissioners could introduce themselves to the 176 newly appointed Commissioner and this was done. 177 178 ADJOURN 179 4 Charter Commission January 12, 2012 Page 5 180 MOTION by Commissioner Gunderson, seconded by CommissionerTrehus, to adjourn the 181 meeting at 8:35 pm. Motion carried unanimously. 182 183 Respectfully Submitted, 184 185 Marg Penn, 186 Charter Commission Member/Secretary 187 Referral to the Lino Lakes Charter Commission Agenda Item_ STAFF ORIGINATOR: Jeff'Carlson,City Administrator MEETING DATE: January 12,2012 TOPIC: Creation of Task Force to Review Charter Provisions Related to Street Reconstruction COUNCIL REQUEST The Council respectfully requests that the Lino Lakes Charter Commission consider appointing three members to participate on a task force. The purpose of the task force will be to address the City's ability to plan and fund public improvements and to formulate recommendations that can be proposed to the citizens of Lino Lakes, which will facilitate street reconstruction through a process that will enable the City to complete reconstruction projects in a timely and predicable manner. BACKGROUND At the December 5, 2011 work session the City Council discussed how to move forward with needed street improvements in the City. The Council directed staff to prepare a report identifying what the issues are. Staff presented its report at the Council work session on January 3,2012,which is attached. The Council also discussed the recommendations of the Citizens Task Force, which was created in 2007 to review the charter provisions related to public improvements. The Citizens Task Force concluded that the overriding issue was the inability of the City to reconstruct streets in the most responsible,timely, and cost-effective manner. The City Council recognizes that the process for getting streets reconstructed in the City has been a contentious issue,but a topic that requires further examination. The Council agreed that another task force should be formed to explore solutions that will address some of concerns that have been raised. Toward that end, the Council decided that the task force should be composed of the following representatives: two council members, one representative from each of the City's four advisory boards, three Charter Commission members, and Kathi Gallup, former council member and chair of the Citizens Task Force in 2007. Once the task force is put together, dates and times will be scheduled for the group to meet. ATTACHMENTS January 3,2012 Work Session Staff Report