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HomeMy WebLinkAbout01-14-16 Charter MinutesCharter Commission January 14, 2016 Page 1 1 APPROVED 1 CITY OF LINO LAKES 2 CHARTER COMMISSION 3 4 5 6 DATE January 14, 2016 7 TIME STARTED 6:30 p.m. 8 TIME ENDED 8:14 p.m. 9 MEMBERS PRESENT Aldentaler, Bretoi, Dahl, Devaney, Johnson, Juni, 10 Stanek, Storberg, Stranik, Turcotte, and Vanderpoel 11 MEMBERS EXCUSED Damiani, Combs, Lyden, and Poehling 12 MEMBERS UNEXCUSED None 13 STAFF MEMBERS PRESENT City Clerk Julie Bartell 14 OTHERS PRESENT: 15 16 17 CALL TO ORDER AND ROLL CALL 18 Acting Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on 19 January 14, 2016. 20 21 A. Oath of Office and Introduction of New Members 22 The City Clerk stated that eight appointments were made to the Commission, which includes five 23 new members. She administered the Oath of Office to all newly appointed or re-appointed 24 members. 25 26 PLEDGE OF ALLEGIANCE 27 Acting Chair Dahl lead the Pledge of Allegiance. 28 29 SETTING THE AGENDA 30 Agenda was accepted as presented without additions 31 32 OPEN MIC/PUBLIC COMMENT 33 No one present opted to speak for the open mike. 34 35 OLD BUSINESS 36 37 A. October 8, 2015 Meeting Minutes 38 Acting Chair Dahl noted that only the Commissioners that were members last year would be able 39 to vote on this item. She advised that an amended version of the minutes was included in the 40 Commission packet with updates as proposed by former Chair Sutherland. 41 42 Commissioner Turcotte noted that Zastrow was listed as a member present and advised that 43 should be removed. 44 45 Charter Commission January 14, 2016 Page 2 2 MOTION by Commissioner Bretoi, seconded by Commissioner Johnson, approving the meeting 46 minutes of October 8, 2015 as amended. 47 48 Motion passed unanimously. 49 50 B. League of Minnesota Cities – One Proposed Amendment 51 52 1. Wards 53 Acting Chair Dahl explained that the Commission currently does not have an attorney and 54 therefore the recommendation was made that the Commission should reach out to the League of 55 Minnesota Cities to determine if their assistance could be gained in drafting an amendment to 56 create wards within the City. She stated that she spoke with a representative from the League of 57 Minnesota Cities regarding the desired amendment and was told that they could assist but the 58 information would be shared with the City as the League also insures the City. She stated that 59 there is an election this year and therefore the Commission would not need to pay for a special 60 election. She provided additional information on the desire to create wards, noting that some 61 people in the City feel that they are not fairly represented in their issues. She stated that 62 personally, she was not in support of a ward amendment but after further research on the matter, 63 she does believe that wards would be helpful within the City. She stated that the League does not 64 want to get in the middle of anything and therefore if their assistance is desired the Commission 65 would first have to support the action and then the City Council would have to also support the 66 action because of the existing relationship. 67 68 Commissioner Bretoi asked if there would be a charge for the services. 69 70 Acting Chair Dahl stated that the cost she had been quoted is ten hours for $750, with a charge of 71 $75 after that. She was unsure if the cost would be less if ten hours is not needed. She stated 72 that the League does have attorneys on staff that work with Charter Commissions. She stated 73 that the services could be used for this matter, or any other proposed amendment that would be 74 desired. 75 76 Commissioner Storberg stated that the League has a relationship with the City and believed that 77 the League would state that they could not assist in the same way the City Attorney stated that he 78 would have a conflict of interest and could not provide assistance. 79 80 Acting Chair Dahl stated that she was told that the League would not have a problem providing 81 the service as long as both the Commission and Council approve. 82 83 Commissioner Bretoi stated that the decision had been made during the past year that the item 84 would go on the ballot and that the Commission should use the League of Minnesota Cities for 85 assistance if they would agree to provide the assistance. He stated that if the matter is delayed for 86 too long the item would not meet the timeline to appear on the ballot. 87 88 Charter Commission January 14, 2016 Page 3 3 Acting Chair Dahl stated that the Council had stated before that the proposed amendment would 89 not be compliant with the State statute and if that language were to meet the statute, the item 90 could be on the ballot. 91 92 Commissioner Turcotte stated that the City Council does not have a review of a proposed 93 amendment because they could then hold the item off the ballot. He noted that the Commission 94 does have the ability to review amendments proposed by the Council because they do not have 95 power to hold the item off the ballot. He stated that during the past year the Commission worked 96 on a proposed amendment to create wards, using models from Blaine and St. Paul. He provided 97 a brief overview of wards and their intent. 98 99 Commissioner Stranik stated that it appears that item was moved along the previous year and 100 then dead-ended because of the lack of legal counsel. He asked if a new action would be needed 101 at this meeting, noting that he is not sure that he would support wards. 102 103 Acting Chair Dahl stated that she had been given the direction at the last meeting to pursue the 104 services of the League of Minnesota Cities, if possible, for assistance in the amendment 105 language. 106 107 Commissioner Stranik asked if the Commission, as it stands today with the new members, would 108 need to endorse the amendment before that could move forward. 109 110 Commissioner Devaney provided background information on the League of Minnesota Cities 111 and the dues that are paid annually by municipalities to the organization for their services. He 112 stated that perhaps the document should be further clarified to spell out the assistance that could 113 be given by the League outside of the $75 per hour charges. He also believed that the question 114 brought forward by Commissioner Stranik, regarding whether or not the action would need to be 115 voted on by the Commission membership as it stands today, is a good question and noted that 116 perhaps the League could provide clarification on that as well. 117 118 Commissioner Bretoi stated that the decision had been made by the Commission the previous 119 year that even though not all of the Commission members supported the ward amendment, the 120 item should still move forward and be placed on the ballot to allow the residents to make the 121 decision. 122 123 Commissioner Johnson asked the amount the Commission was paying Attorney Marty for her 124 services. 125 126 Acting Chair Dahl stated that Attorney Marty was charging $140 per hour but noted that she also 127 worked many unpaid hours as well. 128 129 Commissioner Storberg stated that the Commission only has a budget of $1,500 per year. She 130 stated that perhaps the group could do a consensus vote on whether or not they support the 131 action. 132 133 Charter Commission January 14, 2016 Page 4 4 Acting Chair Dahl noted that there is now a separate budget line item in the amount of $1,000 134 per year for the services of TimeSaver in addition to the annual budget of $1,500. 135 136 Commissioner Stranik stated that the point against wards would limit the quality membership of 137 the City Council as two great candidates could live within the same ward. He noted that wards 138 could also provide single issue candidates, as someone could get voted in solely on the issue 139 most important for that ward. He stated that if wards go into play the amendment should not go 140 into effect immediately as that could impact the current membership of the Council. 141 142 Commissioner Devaney noted that the amendment would take effect as terms expire. 143 144 Commissioner Storberg stated that the Commission went through this last year and the City 145 Council would not allow the item to go onto the ballot. 146 147 Commissioner Bretoi stated that the reasoning of the Commission was that if the language went 148 through the League of Minnesota Cities prior to review the likelihood of disagreeing with the 149 language would be decreased. 150 151 Commissioner Devaney stated that the input of City Attorney Langel is provided in the packet for 152 review. He stated that he would not feel comfortable even taking a straw vote as some of the 153 Commissioners were just appointed within the last week and have not had sufficient time to 154 review the information. 155 156 Commissioner Bretoi noted that there is an issue with timing as the opportunity to place this item 157 on the ballot last year was already missed. 158 159 Commissioner Turcotte stated that he is not confident that any amendment would be allowed by 160 the Council to go onto the ballot. 161 162 Commissioner Bretoi stated that he is looking for a positive way to move forward. 163 164 Commissioner Turcotte stated that perhaps creating a subcommittee to look into going to the 165 legislature or Attorney General as to how the Commission could get any item on the ballot in this 166 atmosphere. 167 168 Commissioner Juni stated that it is pretty straightforward as to how the three items noted by the 169 City Attorney and City Council are easily fixed. He noted that the composition of the City 170 Council has also changed and perhaps the new members of the Council might not feel the same 171 way. 172 173 Commissioner Devaney stated that in his opinion it would be helpful to bring the information 174 forward to the League of Minnesota Cities in regard to the proposed amendment and the three 175 items mentioned by the Council to gain their input. 176 177 Charter Commission January 14, 2016 Page 5 5 Commissioner Bretoi acknowledged the comments of Commissioner Juni regarding the new 178 composition of the City Council and noted that perhaps this Council would be more willing to 179 work with the Commission. 180 181 Commissioner Devaney stated that a good way to test the waters would be to push forward the 182 contract with the League of Minnesota Cities and the opinion of the Council would be known 183 with that action. 184 185 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, requesting to work 186 through the League of Minnesota Cities to develop a proposed ward amendment, which would go 187 forward to the ballot. 188 189 Further discussion: Commissioner Storberg asked if there would be a timeline as this year is a 190 presidential election and would be a good voting year. 191 192 Commissioner Johnson asked if the action should be more specific. 193 194 Acting Chair Dahl stated that she can forward the draft amendment to determine the opinion of 195 the League of Minnesota Cities. 196 197 Commissioner Devaney stated that perhaps this is getting more ahead of its self. 198 199 The City Clerk stated that the letter is pretty clear that the League would simply want a sign off 200 from the City that the City agrees to the League of Minnesota Cities and the Charter Commission 201 working together. She noted that in the past the Commission has either sent a letter and/or 202 attended a worksession meeting of the City Council. 203 204 Commissioner Storberg stated that perhaps the Commission should first attempt to bring the 205 amendment back to the Council and perhaps they would allow the amendment to go to the ballot. 206 207 Commissioner Bretoi stated that the City Attorney has commented that the language is illegal and 208 that is why the assistance of the League of Minnesota Cities is being requested. 209 210 Commissioner Johnson stated that in his opinion most matters that the Commission would bring 211 to the League would be a conflict of interest. 212 213 Commissioner Devaney stated that the League could possibly also point the Commission in the 214 direction of another Charter City that has had these kinds of problems with their municipality. 215 216 Commissioner Juni asked if the League use would be to strictly review this amendment as the 217 letter implies more than that. It was noted that the League would be reviewing this amendment 218 to become compliant with the State statute and that is the purview of the review by the League, to 219 avoid additional review and costs. 220 221 Charter Commission January 14, 2016 Page 6 6 Commissioner Turcotte stated that maybe the League can just specify if they have worked with 222 other Charter Commissions on similar language and therefore could simply point the 223 Commission in that direct for no charge, to use that language as a model. 224 225 Acting Chair Dahl stated that in the past the League has sent a representative to come to a 226 meeting to provide a presentation on the services that could be provided for free and noted that a 227 similar presentation could be made again. 228 229 Commissioner Bretoi called question. 230 231 Motion passed unanimously. 232 233 Motion passed 9-2 (Turcotte and Stranik opposed). 234 235 Commissioner Bretoi noted that the agreement for the Charter Commission to work with the 236 League of Minnesota Cities will then go on before the City Council. 237 238 2. Charter Commission Annual Reports – 2013 and 2014 239 Acting Chairperson Dahl noted that the reports were included as an informational item to provide 240 background information to the new Commission members, noting that the reports are required on 241 an annual basis to provide an update to the judge. 242 243 Commissioner Bretoi stated that if the agreement is going to go before the City Council, perhaps 244 the Commission should designate the members that will attend the meeting. 245 246 Commissioner Juni stated that perhaps the election of officers should occur and then perhaps the 247 Chair would like to attend the meeting and represent the Commission. 248 249 NEW BUSINESS 250 251 A. Election of Officers: Chair, Vice Chair and Secretary 252 Commissioner Storberg stated that perhaps with the new appointments the members should 253 provide a quick comment on why they wanted to join the Commission and if they are interested 254 in holding an officer position. 255 256 Commissioner Devaney introduced himself. He stated that it is hard not to hear what has been 257 going on with the Charter Commission and the City Council, noting that there were probably a 258 few bad apples on each side. He stated that the opportunity to get things onto the ballot and let 259 the people vote has been hampered and he looks forward to the opportunity to serve and assist. 260 He stated that he would like to assist in building a positive relationship between the Charter 261 Commission and City Council as that relationship has been impaired. 262 263 Commissioner Turcotte had no comment. 264 265 Charter Commission January 14, 2016 Page 7 7 Commissioner Storberg stated that she was a member of the Commission when the Charter was 266 developed in 1982 and then came back to the Commission years later to provide the historical 267 side of the matter in attempt to help the situation. She stated that she just wants residents to have 268 the ability to vote on matters. 269 270 Commissioner Stanek stated that she has had involvement with the City Council during the past 271 two years and wants to be a part of what is going on. She stated that she did not like how the 272 City was treating individuals that were asking for help. She stated that through her experience 273 with the City Council and City staff she had been told that things could not be done that can be 274 done and wants to be a part of the can do attitude. 275 276 Commissioner Johnson stated that there changes that need to be made and communication that 277 needs to be improved so that the people of the City can have a voice. He stated that he would 278 need to leave the meeting to attend a musical performance. He left the meeting at 7:47 p.m. 279 280 Commissioner Aldentaler stated that he is a long time resident of Lino Lakes and also has 281 experience with the Department of Corrections in Stillwater and Lino Lakes. He provided 282 historical background information on the creation of the Charter, which allowed residents to 283 choose their own garbage hauler. 284 285 Commissioner Vanderpoel stated that he is a regulatory affairs specialist, noting that he gets 286 medical devices approved by agencies such as the FDA. He noted that he believed this would be 287 a way that he could contribute to the City. 288 289 Commissioner Juni introduced himself and provided information on his experience that would 290 assist in his service to the Commission, such as serving on other Boards. 291 292 Commissioner Stranik introduced himself and stated that he hopes to add some civility to the 293 relationship between the Charter Commission and City Council. 294 295 Commissioner Bretoi introduced himself and stated that he got involved with the Charter 296 Commission because of a petition for Shadow Lake improvements, noting that he felt like that 297 issue caused a lot of distrust for him with the City Council. He stated that in his opinion it is 298 important to have the checks and balances the Charter provides. 299 300 Acting Chair Dahl introduced herself and stated that the Charter for Lino Lakes provides rights to 301 its citizens that other City Charters do not provide to their citizens. She stated that it was her 302 support for the Charter and desire to be proactive that brought her to the Charter Commission. 303 She noted that she has served on the Planning Commission and City Council but has always 304 remained on the Charter Commission because she believes that citizens should always have the 305 right to vote on matters that concern them. 306 307 Commissioner Juni asked if the Chair and Vice Chair from the previous year were still members 308 of the Commission. 309 310 Charter Commission January 14, 2016 Page 8 8 Acting Chair Dahl noted that both members chose not to come back to the Commission this year. 311 312 MOTION by Commissioner Turcotte, seconded by Commissioner Bretoi, to nominate Caroline 313 Dahl as Chairperson. 314 315 There were no other nominations. 316 317 Motion passed unanimously. 318 319 Commissioner Turcotte nominated Commissioner Dahl for the position of Chair. 320 321 MOTION by Commissioner Bretoi, seconded by Commissioner Stranik, to appoint Pat Devaney 322 as Vice Chairperson. 323 324 Motion passed unanimously. 325 326 Chair Dahl provided a brief description of the duties of Secretary. 327 328 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to appoint Chris Bretoi 329 as Secretary and Carol Stanek as Assistant Secretary. 330 331 Motion passed unanimously. 332 333 Commissioner Bretoi referenced the Council worksession meeting where the agreement will go 334 forward regarding the League of Minnesota Cities. He asked if the Officers could meet through 335 teleconference to move ahead action. 336 337 The City Clerk noted that would be acceptable as long as a quorum is not present or involved. 338 339 NEXT MEETING DATE 340 Chair Dahl noted the next meeting date is Thursday, April 14, 2016. 341 342 ADJOURN 343 344 MOTION by Commissioner Stranik, seconded by Commissioner Bretoi, to adjourn the meeting 345 at 8:14 p.m. Motion carried unanimously. 346 347 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 348