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HomeMy WebLinkAbout04-28-16 Charter MinutesCharter Commission April 28, 2016 Page 1 1 APPROVED 1 CITY OF LINO LAKES 2 CHARTER COMMISSION 3 4 5 DATE April 28, 2016 6 TIME STARTED 6:30 p.m. 7 TIME ENDED 8:15 p.m. 8 MEMBERS PRESENT Aldentaler, Bretoi, Dahl, Damiani, Devaney, Johnson 9 (arrived at 6:47 p.m.), Juni, Lyden, Poehling, Stanek, 10 Storberg, Stranik, Turcotte, and Vanderpoel 11 MEMBERS EXCUSED Combs 12 MEMBERS UNEXCUSED None 13 STAFF MEMBERS PRESENT None 14 OTHERS PRESENT: Michael Manthey, City Administrator Jeff Karlson, and 15 Erick Kaardal 16 17 18 CALL TO ORDER AND ROLL CALL 19 Chair Dahl reconvened the meeting of the Lino Lakes Charter Commission at 6:32 pm on April 20 28, 2016. 21 22 PLEDGE OF ALLEGIANCE 23 Chair Dahl lead the Pledge of Allegiance. 24 25 SETTING THE AGENDA 26 Agenda was accepted as presented without additions 27 28 OPEN MIC/PUBLIC COMMENT 29 No one present opted to speak for the open mike. 30 31 APPROVAL OF MEETING MINUTES 32 Chair Dahl noted on line 198, it should state, “…of its self. He asked if the agreement” She 33 noted on line 342, it should state, “…Acting Chair…” Commissioner Storberg noted on line 34 268, it should state, “…1980 1982…” Commissioner Juni noted on line 330, it should state, 35 “MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to appoint Chris Bretoi 36 as Secretary and Carol Stanek as Assistant Secretary.” 37 38 MOTION by Commissioner Juni, seconded by Commissioner Stranik, approving the meeting 39 minutes of January 14, 2016 with the noted corrections. 40 41 Motion passed 13-0-1. (Lyden abstained) 42 43 NEW BUSINESS 44 45 Charter Commission April 28, 2016 Page 2 2 A. Potential Attorney for Charter Commission 46 Chair Dahl noted that she included correspondence in the package between herself and the 47 League of Minnesota Cities. She distributed one additional letter that was not included in the 48 packet. She stated that she would not be able to sign the potential contract, as there would be 49 restrictions placed on the Charter. 50 51 Vice Chair Devaney stated that when he reads the original contract he is not sure where the 52 Charter would be vulnerable. 53 54 Commissioner Turcotte stated that a specific condition of the contract would allow the City to 55 shut down the work the League is doing for the Commission. 56 57 Commissioner Bretoi stated that it was made clear that the League works for the City and 58 therefore that relationship would come first. 59 60 Commissioner Johnson arrived. 61 62 Commissioner Lyden stated that the Charter is meant to be included in a system of checks and 63 balances and therefore does not want to mix the lines between the City Council and Charter 64 Commission. 65 66 Commissioner Stranik stated that he did not join the Commission to protect the Charter but 67 rather to update the Charter to adapt to the changes that have occurred since its creation in 1982. 68 He noted that there are weaknesses in the Charter that need to be updated. 69 70 Commissioner Bretoi stated that historically there have been several attempts by the Charter 71 Commission to update the Charter but the City Council has continued to deny the potential 72 amendments and funding for legal services in order for the Commission to pursue amendments. 73 74 Commissioner Lyden agreed that the Commission should be forward thinking and attempt to best 75 serve the residents of the community. He believed that the Commission has attempted to work 76 with the other bodies in power and hoped that the bodies would be able to work together in the 77 future. 78 79 Chair Dahl stated that the Commission still has an issue attempting to send this ward amendment 80 issue to ballot. She noted that she reached out to a potential attorney. 81 82 Commissioner Bretoi stated that he reached out to Erick Kaardal, a potential attorney that could 83 possibly assist in drafting the necessary legal language needed for a potential ward amendment. 84 He noted that Mr. Kaardal was willing to attend the meeting tonight pro bono but noted that there 85 would be a charge if there is additional work needed. 86 87 Erick Kaardal stated that he is pleased to help the Charter Commission in any way that he can. 88 He provided background information on his legal and career experience. He acknowledged that 89 it would be difficult for the Commission to interpret the legalese returned by the Council and 90 Charter Commission April 28, 2016 Page 3 3 therefore he is willing to assist pro bono in this interpretation. He noted that if additional work is 91 needed after that he would be willing to negotiate. 92 93 Commissioner Bretoi noted the July deadline to place the amendment on the ballot. He 94 suggested that the language be prepared before that date to allow time for the Council to respond 95 so the Commission is not in the same position as it was in previously. 96 97 Commissioner Stranik noted that the implementation of a ward system should also be addressed 98 in the language. 99 100 Commissioner Turcotte stated that implementation could begin immediately, noting that all 101 elected officials would finish their current term and when the term expires, the ward system 102 would begin. 103 104 Commissioner Juni asked and received confirmation that the legal counsel for the Commission 105 would be addressing the three areas identified by the Attorney Langel in order to move the ward 106 amendment forward. 107 108 Commissioner Turcotte stated that in addition, the legal counsel for the Commission would be 109 reviewing the opinion of the Attorney Langel to ensure that those comments made were correct. 110 111 Commissioner Juni asked what the Commission would do if the comments from Mr. Langel are 112 not needed. 113 114 Mr. Kaardal stated that he believed that the comments from Mr. Langel are correct and the 115 revisions could then be made. He noted that he could then review the language as a double check 116 before submitting to the City once again. 117 118 Commissioner Bretoi asked if there is enough knowledge within the Commission to rectify the 119 comments of Attorney Langel. 120 121 Commissioner Turcotte stated that the Commission can reword the language in order to match 122 the points made by Attorney Langel. 123 124 Commissioner Lyden stated that he would not foresee any other legal charges the Commission 125 would have this year and therefore believed that the Commission should use the annual legal 126 budget to pay Mr. Kaardal to have someone draft the language. 127 128 Mr. Karlson stated that the Commission has $1,500 budgeted for legal services in 2016. 129 130 Mr. Kaardal stated that he would need clear direction in respect to drafting, in example if the 131 Commission agrees with the three items outlined by Attorney Langel they could provide 132 direction for him to draft language that could address those repairs. 133 134 Charter Commission April 28, 2016 Page 4 4 Commissioner Bretoi summarized that although there were differing opinions regarding ward 135 representation, the Commission did reach consensus to draft an amendment to move forward to 136 the ballot, which would allow the residents of Lino Lakes to make that decision. 137 138 Commissioner Turcotte stated that in his opinion it would be best to have an outside neutral party 139 draft potential ward boundaries. 140 141 Commissioner Juni asked if the Commission would like Mr. Kaardal to draft possible language 142 to address the comments made by Attorney Langel in order to amend the language, if necessary, 143 to move the question forward to the ballot. 144 145 Commissioner Turcotte stated that he would also like an opinion as to whether certain aspects are 146 correct, noting that other cities are successfully implementing the items that this Commission has 147 wanted to do in the past and has been told is not allowed. 148 149 Commissioner Johnson asked if there are more issues other than the three points identified by 150 Attorney Langel. 151 152 Commissioner Lyden stated that he would like Mr. Kaardal to address the legal issues identified 153 by Attorney Langel as he has that expertise. 154 155 Mr. Kaardal stated that in his opinion the City Council and Attorney Langel are going to review 156 the text prior to submission to the ballot. He stated that if the Commission wants to get the item 157 on the ballot, his opinion would be to address the items identified by Attorney Langel rather than 158 attempt to fight with that opinion which would only delay and possibly mean that the item would 159 not go onto the ballot. He stated that he could draft potential language to address the items 160 identified and then have an independent check completed to ensure the language is legally 161 compliant. He noted that there is the possibility that Attorney Langel could find other items he 162 does not agree with, but then the Commission could gather again to address those comments in 163 order to submit to the ballot. 164 165 Commissioner Juni stated that if the Commission wants this item to move forward on the ballot a 166 decision needs to be made as to whether the Commission can live with the language that the City 167 Council determines ward boundaries and if so, then the item could perhaps move ahead to the 168 ballot. 169 170 MOTION by Commissioner Bretoi, seconded by Commissioner Juni, to allow the governing 171 body, specifically the City Council, to draw up the ward boundaries. 172 173 Further discussion: Vice Chair Devaney stated that he agrees that the Commission will be 174 stonewalled if they do not allow the City Council to draw the ward boundaries. He stated that the 175 membership of the City Council has changed and he feels that there is now better representation. 176 He stated that he would support Mr. Kaardal addressing the three items specified by Attorney 177 Langel in order to move the amendment forward. 178 179 Charter Commission April 28, 2016 Page 5 5 Chair Dahl asked if additional language could be added that would be more restrictive in regard 180 to the City Council drawing the boundaries. 181 182 Mr. Kaardal stated that restrictive language could be included that specify that the wards be 183 contiguous, similar in population or follow natural neighborhoods. He noted that a super 184 majority requirement could be required as well to ensure that three members of the Council do 185 not gang up on the other two. 186 187 Commissioner Lyden stated that in his opinion the best practice would be for an independent 188 body to set the boundaries but stated that he does agree that if this item is going to be able to 189 move forward to the ballot the Commission will need to allow the Council to draft the ward 190 amendments. 191 192 Motion passed 13-1 (Turcotte opposed). 193 194 MOTION by Commissioner Bretoi, seconded by Commissioner Damiani, to accept the offer of 195 Attorney Erick Kaardal to represent the Charter Commission in amending the ward amendment 196 language with the target to have the item on the 2016 ballot. 197 198 Further discussion: Chair Dahl stated that she spoke with Mr. Kaardal a few days prior to the 199 meeting and he preferred to have the Commission submit a resolution hiring him but noted that 200 action would follow this action. 201 202 Motion passed unanimously. 203 204 Mr. Kaardal stated that he would like to have a regular attorney/client relationship and that is 205 why he attended pro bono tonight. He stated that his recommendation would be to have a 206 retainer of $500, noting that he would have a billing rate of $300 per hour. 207 208 Chair Dahl read aloud the potential resolution to hire Attorney Erick Kaardal as the Attorney for 209 the Commission. 210 211 MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, to adopt Resolution 212 #2016-01. 213 214 Further discussion: Commissioner Johnson asked if language should be included that mentions 215 $500 for this item specifically. 216 217 Vice Chair Devaney stated that he knows the professionalism of Mr. Kaardal but agreed that 218 perhaps the estimate of $500 should be included, noting that if that limit is exceeded the 219 Commission would then review. 220 221 Mr. Kaardal stated that his estimate is $500 but noted that if that limit is exceeded, his concern 222 would be that the Commission does not meet frequently. 223 224 Charter Commission April 28, 2016 Page 6 6 Commissioner Bretoi suggested that the Commission meet again in June rather than July in order 225 to meet the deadline for the ballot submission. 226 227 Chair Dahl provided potential draft language that could be included in the resolution that would 228 address the initial estimate of $500 for the initial review. 229 230 Commissioner Devaney asked the opinion of Mr. Kaardal in regard to the next meeting date. 231 232 Mr. Kaardal stated that he would prefer to have the Commission review the language in May in 233 order to ensure sufficient time for review. 234 235 MOTION by Commissioner Bretoi, seconded by Commissioner Lyden, to adopt Resolution 236 #2016-01, amended to include the initial estimate of $500. 237 238 Motion passed unanimously. 239 240 NEXT MEETING DATE 241 Chair Dahl noted the next regular meeting date is Thursday, July 14, 2016. 242 243 It was the consensus of the Commission to schedule a special meeting on Thursday, May 19, 244 2016. 245 246 Mr. Karlson stated that typically the Commission submits a letter with the potential amendment 247 language to the City Council for review and does not have to get onto a Council agenda. 248 249 Mr. Kaardal stated that would like to attempt to gain a preliminary legal opinion from Attorney 250 Langel prior to the May 19th meeting, so the Commission could review that opinion prior to the 251 meeting. He noted that Chair Dahl could distribute the potential language to the Commission via 252 email and if consensus is gained, he would then submit the letter to the City for review by 253 Attorney Langel. He stated that he would supply the draft language this next week for the 254 Commission to review. 255 256 Mr. Karlson confirmed that the City would be in agreement with that process. 257 258 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, authorizing Attorney 259 Kaardal to submit the draft language to the City for initial review and comment prior to the May 260 19, 2016 meeting. 261 262 Commissioner Lyden asked if the Commission would be violating open meeting laws by replying 263 to gain consensus. 264 265 Mr. Kaardal stated that he could gain approval from the Chair prior to submitting the language to 266 the City for review. 267 268 Charter Commission April 28, 2016 Page 7 7 Commissioner Poehling stated that the information sent through email would simply be for 269 review purposes, as the Commission would not take formal action until the May 19th meeting. 270 271 MOTION by Commissioner Bretoi, seconded by Commissioner Stanek, to amend the motion to 272 authorizing Attorney Kaardal to submit the draft language to Chair Dahl and she will submit that 273 language to the City for initial review and comment prior to the May 19, 2016 meeting. 274 275 Motion passed unanimously. 276 277 B. Ward Amendment 278 No additional discussion. 279 280 C. Charter Commission Annual Letter to the Judge for 2015 (to follow) 281 Chair Dahl stated that the Commission could either choose to submit the letter or table the item. 282 She noted that the new members would have to abstain. 283 284 MOTION by Commissioner Bretoi, seconded by Commissioner Damiani, approve the annual 285 letter to the Judge for 2015 as drafted by Chair Dahl. 286 287 Motion passed 8-0-5. (Abstained: Juni, Stranik, Stanik, Devaney, and Vanderpoel) 288 289 ADJOURN 290 291 MOTION by Commissioner Poehling, seconded by Commissioner Bretoi, to adjourn the meeting 292 at 8:15 p.m. Motion carried unanimously. 293 294 Drafted by: Amanda Staple, TimeSaver Off Site Secretarial, Inc. 295