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Charter Commission
January 13, 2011
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 13, 2011
6:35 P.M.
9:30 P.M.
Lyden, Gunderson, Aldentaler, Bretoi, Carlson (arrives
at 6:40), Drennen, , Penn, Storberg, Sutherland, Trehus
(arrives at 6:39), Turcotte, Williams
Dahl, Minar, Zastrow
None
None
Dean Hausladen
CALL TO ORDER AND ROLL CALL
Vice Chair Lyden called to order the meeting of the Lino Lakes Charter Commission at 6:35 pm
on January 13, 2011.
OPEN MIC
No one spoke during the "open mic" portion of the meeting.
SETTING THE AGENDA
MOTION by Commissioner Sutherland to strike item 6A from the agenda. There is no second to
the motion.
MOTION by Commissioner Penn, seconded by Commissioner Drennen, to table agenda item
6A. Motion passes unanimously.
Commissioners Trehus and Carlson arrive at 6:40pm.
MOTION by Commissioner Bretoi, seconded by Turcotte to accept the agenda as amended.
Motion passes unanimously.
APPROVAL OF MINUTES
For the minutes for the meeting of October 14, 2010, Commissioner Bretoi is not listed as
present.
MOTION by Commissioner Penn, seconded by Commissioner Sutherland, to accept the October
14, 2010 minutes as amended. Motion passes with Commissioner Trehus voting no.
Commissioner Gunderson explains the highlighted areas on the minutes for the July 2010 joint
meeting and will be making those changes.
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Charter Commission
January 13, 2011
Page 2
46
47 MOTION by Commissioner Drennen, seconded by Turcotte, to accept the minutes from the July
48 8, 2010 joint Commission/Council meeting. Motion passes unanimously.
49
50 MOTION by Commissioner Sutherland, seconded by Drennen, to accept the minutes of the July
51 8, 2010 Commission meeting. Motion passes with Commissioner Trehus abstaining.
52
53 OLD BUSINESS
54 MOTION by Commissioner Sutherland, seconded by Penn, to rescind the past motion to table
55 6A. Motion passes unanimously.
56
57 A. Charter Amendments/Karen Marty
58 Commissioner Trehus stated that the Commission's attorney worked on two amendments of the
59 four possible amendments the Commission is considering.
60
61 The first amendment is on Section 1.04, setting the powers the Commission in the Charter.
62 Commissioner Trehus presented to the commission is the language drafted by Ms. Marty with
63 her comments.
64
65 The second amendment Ms. Marty worked on was the "Tax Cap" amendment, setting forth
66 similar language to current state statute that limit levy increases. The state statute has a proposed
67 end date of 2012. Commissioner Trehus states that more investigation is still needed for this
68 amendment and to be planned out to best used the limited budget allowed for 2011.
69
70 Commissioner Trehus then reviewed the other amendments discussed in previous meetings.
71
72 Commissioner Gunderson asked how much of the remaining 2010 funds were used for Ms.
73 Marty on the two amendments. Commissioner Trehus stated that all the 2010 funds, $1,500,
74 were exhausted on just the two amendments. A majority of it was the "tax cap" amendment.
75
76 MOTION by Commissioner Sutherland, seconded by Commissioner Drennen, to recommit the
77 "tax cap" amendment to subcommittee for further work.
78
79 Commissioner Drennen stated the subcommittee would then report at the next meeting in April.
80
81 Motion passes unanimously.
82
83 Discussion then went back to Section 1.04. Commissioner Trehus stated his belief that language
84 Ms. Marty drafted by is missing the ability of the Commission to comment on amendments
85 agreed upon by the Commission.
86
87 Commissioner Drennen believed it is not needed. Commissioner Gunderson stated that the
88 proposed language would limit the Commission's ability to comment or respond to only negative
89 information put forward by any group or individual.
90
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Charter Commission
January 13, 2011
Page 3
91 Commissioner Gunderson states that the amendment does not require the Commission to
92 comment on an amendment to the Charter.
93
94 Commissioner Drennen concurs with Commissioner Gunderson and states the language should
95 be changed to "any change" of the Charter.
96
97 MOTION by Commissioner Penn, seconded by Commissioner Bretoi, to refer back to
98 subcommittee the language of Section 1.04 amendment to further clarify the scope of our ability
99 to comment on amendments.
100
101 Commissioner Sutherland offers a friendly amendment to have the subcommittee also work on
102 ballot language needed for proposing Section 1.04 amendment.
103
104 Motion passes unanimously.
105
106 Commissioner Sutherland asks who is on the subcommittee. Chair Dahl, Commissioner
107 Drennen and Commissioner Trehus are on the subcommittee.
108
109 B Code of Conduct and Conflict of Interest
110
111 Commissioner Gunderson states that this agenda item was tabled from the October meeting.
112
113 Commissioner Sutherland stated that the Council drafted language updating the city code
114 regarding conduct and conflicts of interest for the council and all boards and recommends no
115 further action from the Commission.
116
117 Commissioner Turcotte stated the City Council recently voted on and passed the updated
118 language.
119
120 Commissioner Gunderson asked if the new language covers all boards and commissions.
121 Commissioner Sutherland stated it does.
122
123 Commissioner Sutherland requests a recess to allow Commissioner Gunderson to research the
124 new language. After reconvening at 7:42pm, Commissioner Gunderson reads the amendment to
125 the city code to the Commission.
126
127 The Commission agrees that the issue is resolved.
128
129 NEW BUSINESS
130
131 A. Charter Contract with Karen Marty, expenses incurred
132 Chair Dahl initiated this agenda item for discussion with the Commission. Because Chair Dahl
.--%133 was unavoidably unable to attend the meeting, Commissioner Gunderson related to the
134 commission the conversation she had with Chair Dahl. The contract of retaining the legal
135 services of Ms. Karen Marty is between the attorney and the Charter Commission, not the City.
Charter Commission
January 13, 2011
Page 4
136 Therefore, the Chair made the executive decision to delay the letter being sent to Ms. Marty
137 regarding the outstanding balance still owed to Ms. Marty.
138
139 Commissioner Sutherland stated that an action was made at the last meeting and that the letter
140 should have been written and sent. Also suggested that the contract should be reviewed.
141
142 MOTION by Commissioner Trehus, seconded by Gunderson to continue discussion on the item
143 and add to agenda for the next meeting.
144
145 Commissioner Carlson supports the decision of the Chair to delay the letter to come back to the
146 Commission for further discussion. He would like the item to stay on the agenda as old business.
147
148 After further discussion, Commissioner Trehus retracts his motion.
149
150 MOTION by Commissioner Sutherland to rescind the motion listed in lines 186 —189 of the
151 minutes for the October 10, 2010 meeting that moved to draft a letter to Ms. Marty.
152
153 Motion passes unanimously.
154
155 MOTION by Commissioner Sutherland, seconded by Commissioner Trehus, to postpone
156 indefinitely lines 179 —180 of the minutes of the October 10, 2010 meeting, postponing the
157 discussion of the unpaid bill from Ms. Karen Marty.
158
159 Commissioner Drennen supports the motion due to new information coming to the Commission.
160
161 Commissioner Gunderson concurs, stating the motion is viewed as "housekeeping" for the
162 Commission.
163
164 Motion passes unanimously.
165
166 Commissioner Trehus brings back his motion to continue discussion on item and add to agenda
167 for the next commission meeting.
168
169 Commissioner Penn questions how does the Commission clarify the ability of the Commission to
170 enter into a contract or agreement.
171
172 Commissioner Drennen states the Commission has a right to enter into a contract for outside
173 counsel.
174
175 Commissioner Sutherland asked who signed the contract with Ms. Marty for the Commission.
176
177 Commissioner Gunderson stated that she believes Chair Dahl's intent was to discuss the contract
178 and inform those members who were not on the Commission at the time. She also asked if the
179 Commission voted on entering the contract.
180
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Charter Commission
January 13, 2011
Page 5
181 Commissioner Carlson stated that Cori Duffy was Chair at the time of the signing of the contract.
182 The contract was discussed at many meetings and that three attorneys were considered.
183
184 Motion passes, Commissioner Sutherland abstained.
185
186 Commissioner Sutherland asked for a copy of the contract to be brought to the next meeting.
187 Commissioner Gunderson stated she will discuss that request with the Chair.
188
189
190 B. Discussion of joint council meeting tabled from October 14, 2010
191
192 Commissioner Penn asked if the agenda item includes discussion of a joint task force.
193 Commissioner Sutherland clarified the last agenda had further discuss points about this item.
194
195 Commissioner Gunderson read the section of the minutes of the October and that there was great
196 confusion of at that point of the meeting.
197
198 Commissioner Storberg stated that she made a motion and the motion failed. Commissioner
199 Gunderson stated that action was then to table the item.
200
^� 201 MOTION by Commissioner Drennen, seconded by Commissioner Carlson, to table the agenda
202 item to the next Commission meeting.
203
204 Commissioner Turcotte asked if the discussion should be continued if the Commission does not
205 have any funds to work on it.
206
207 Commissioner Lyden referred to lines 93 — 96 of the minutes of the November 10, 2010 City
208 Council work session about the budget for the Charter Commission.
209
210 Commissioner Sutherland asked who would lead the discussion of the agenda item. She did not
211 feel there is any new information to discuss.
212
213 Commissioner Gunderson believes that Chair wanted to discuss the City Council work session
214 mentioned and make sure that each Commissioner had a chance to discuss.
215
216 Commissioner Penn supports the apparent point of view of the Chair.
217
218 Commissioner Gunderson calls the question.
219
220 Motion passes with Commissioner Sutherland voting no.
221
222 C. Memo from City Council on Odd Year Election (tabled from October 10,2010)
223
224 Commissioner Gunderson stated that the Chair wanted to speak on this issue. Commissioner
225 Gunderson stated that the memo is informing the Commission of a proposal from
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Charter Commission
January 13, 2011
Page 6
226 Councilmember Roeser to move the city elections to even -years, when general State and Federal
227 elections take place, in order to save the city money.
228
229 Commissioner Gunderson states the dollar figures of believed cost -savings is not listed on the
230 memo. Commissioner Turcotte said he found the estimated dollar amount of $14,000, a bi-
231 yearly expense. Commissioner Trehus stated the actual amount is about $8,800 or less.
232
233 MOTION by Commissioner Sutherland, seconded by Gunderson for purposes of further
234 discussion only, to refer this item to committee for further review to draft language for an
235 amendment.
236
237 Commissioner Trehus stated that before the item is given to a subcommittee, the Commission
238 needs to decide if it is in agreement with the proposal.
239
240 Commissioner Sutherland asks the Commission to vote to withdraw the motion. Commissioner
241 Gunderson states a vote is not needed. Commissioner Sutherland stated she believes it is needed.
242
243 Motion is withdrawn via unanimous vote of the Commission.
244
245 Commissioner Storberg stated her opinion of agreement of moving city elections to even -years.
246
247 Commissioner Trehus is not in support of the proposal and stated Mayor Reinert is also in
248 opposition. The attention city elections receive in odd -year elections is a service to the citizens.
249 The cost savings is not worth the effort of moving the elections. Commissioners Gunderson,
250 Carlson, Drennen concur.
251
252 MOTION by Commissioner Sutherland, seconded by Commissioner Carlson, that the
253 Commission draft a response to the City Council that the Commission concurs with the
254 sentiments stated in lines 37 — 41 from the October 4, 2010 work session of the City Council.
255
256 Motion passes unanimously.
257
258 D. Meetings per year of the Commission — By laws, Article 3, Section 1
259
260 Commissioner Gunderson read the section of the Commission by laws of how often the
261 Commission meets each year. After that, Commissioner Gunderson discussed the possibility of
262 adding more meetings each year, having a meeting every other month. The reasons given for this
263 include that the past several meetings have run long, agenda items are being tabled in order to
264 end meetings late in the evening and it is believed that with 15 Commissioners, some
265 commissioners may not be getting a fair amount of time to discuss items. Commissioner
266 Gunderson asked for discussion to include the opinion of Commissioners on meeting more often.
267
268 Commissioner Drennen believes that if Commissioners self -police discussions, stay on topic and
269 if meetings are run more efficiently, more meetings would not be needed. Commissioner
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Charter Commission
January 13, 2011
Page 7
270 Sutherland concurs and added that the Commission has the ability to call special meeting when
271 needed.
272
273 Commissioner Turcotte believes that the last three meetings are running long because of
274 discussions about Roberts Rules of Order procedures.
275
276 Commissioner Trehus concurs with Commissioner Turcotte and also states that the past three
277 meetings have been irregularly different than past history.
278
279 Commissioner Sutherland stated that her discussion about Roberts Rules of Order lead to a long
280 debate at the last meeting.
281
282 MOTION by Commissioner Storberg, seconded by Commissioner Penn, to call for roll call vote
283 on whether to have more regular meetings per year. Commissioner Sutherland states that the roll
284 call motion is non -debatable and the motion to call for a roll call does not need to be passed. The
285 action is then taken.
286
287 Voting yes: Aldentaler, Gunderson. Voting no: Sutherland, Penn, Storberg, Williams, Carlson,
288 Lyden, Trehus, Drennen. No opinion: Turcotte.
289
?--"N 290 Commissioner Gunderson stated for the record the roll call vote is the opinion of Commissioners
291 present, that there are Commissioners absent.
292
293 The results are 2 Yes, 8 No and 1 No opinion.
294
295 Commissioner Turcotte asked to further discuss the issue.
296
297 Commissioner Sutherland said that the call for a roll call vote kills debate on the issue.
298 Commission Trehus states that he believes that correct, but objects to the end of discussion in a
299 procedural move of one Commissioner. More research is needed on Roberts Rules of Order for
300 the Commission to all have the same knowledge.
301
302 Commissioner Penn stated she believed her seconding was for discussion.
303
304 Commissioner Storberg stated she understood that the roll call vote would end discussion. If the
305 majority of Commissioners were not open to the idea of more meetings, then discussion of the
306 topic should end. She also concurs with Commissioner Trehus that the Commission is currently
307 handling more issues than in the past. She concurs with Commissioner Sutherland that if needed,
308 special meetings could be called.
309
310 Commissioner Turcotte states that agendas for future meetings should be shortened or special
311 meetings should be called.
312
313 Commissioner Trehus states that in this case, no harm was done. But he is worried that in the
314 future, discussion on an agenda item could be ended before all information is presented.
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Charter Commission
January 13, 2011
Page 8
315
316 Commissioner Gunderson recommends to the Vice -Chair that the meeting move on to
317
318 E. Roberts Rules of Order
319
320 Commissioner Sutherland discussed the handout on Roberts Rules of Order (RRO). Many
321 powers are given through RRO including setting a firm adjournment time for a meeting and
322 having all business not completed then moved to the agenda for the next meeting. She also points
323 out a tri -fold laminated sheet explaining procedures of RRO. She stated that in the past the
324 League of Minnesota Cities has offered classes on RRO and would hope that the Commission
325 would consider having the LMC present a class in a future meeting. Commissioner Sutherland
326 further states that it is the responsibility of all Commissioners to learn the procedures of RRO to
327 make sure meetings are run more effectively.
328
329 Commissioner Sutherland also refers to a grid of Common Motions of RRO.
330
331 Vice -Chair Lyden states that in order to use RRO, the Commission needs to be in agreement of
332 how to use them and keep it simple. Commissioner Penn agrees, but also productive and not
333 suppress discussion.
334
335 Commissioner Drennen stated that RRO does have procedures to undue abuses, but also if any
336 Commissioner repeatedly abuses RRO, the Commission could have that Commissioner censored
337 or pulled off-line.
338
339 Commissioner Sutherland explained that "point of information" can be used at anytime and can
340 be used to interrupt debate. But it must be directed to the Chair and used with decorum.
341 Commissioner Gunderson concurs, but states that are different opinions of how to use RRO.
342
343 MOTION by Commissioner Gunderson, seconded by Commissioner Carlson, to have the League
344 of Minnesota Cities present a class of Roberts Rules of Order to the Commission at either the
345 next Commission meeting or at a special meeting called by the Chair and two commissioners.
346
347 Commissioner Trehus asked if there was a cost associated with that class, and offers a friendly
348 amendment that the training or information must be provided by LMC at no cost.
349
350 Commissioner Gunderson accepts the friendly amendment and offered to investigate what is
351 offered by the LMC for RRO training and at what cost.
352
353 Commissioner Sutherland declares that acceptance of friendly amendment needs to be voted on
354 by the Commission. Commissioner Gunderson states that she believes it does not need a vote if
355 the motion -maker accepts the amendment and state that motion "as amended."
356
357 The amendment to the motion is passed unanimously.
358
359 The motion passes with Commissioner Storberg voting no.
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Charter Commission
January 13, 2011
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360
361 F. Next meeting date: Thursday, April 14, 2011
362
363 It is clarified that the July meeting of the Charter Commission does not interfere with the
364 Independence holiday.
365
366 Commissioner Gunderson stated that she would ask the City Clerk to provide us with new
367 calendars for 2011 Charter Commission meetings as well as City Council work sessions and
368 meetings.
369
370
371 ADJOURN
372 MOTION by Commissioner Drennen, seconded by Commissioner Williams, to adjourn the
373 meeting at 9:30pm. Motion carried unanimously.
374
375 Respectfully Submitted,
376
377 Kelly Gunderson
378 Secretary
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