HomeMy WebLinkAbout01-14-2010 MinutesCharter Commission
Januar- 14, 2010
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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 14, 2010
6:40 P.M.
9:50 P.M.
Bretoi (departs at 8;30pm), Carlson, Dahl, Gunderson,
Lyden, Penn, Storberg, Trehus, Turcotte, Williams,
Minar (arrived at 7:28pm), Sutherland (arrived at
approx. 8:OOp)
Drennen, Stockman Maher, Zastrow
None
Julie Bartell, City Clerk
John Sullivan
CALL TO ORDER AND ROLL CALL
Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:40 pm. on
January 14, 2010.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
Commissioner Carlson added item 7A: City Council meeting from January 11, 2010.
OPEN MIKE
No one was present for open mike.
APPROVAL OF MINUTES
Commission viewed the draft minutes from the October 8, 2009. Commissioner Trehus stated
that line 145 needed to be removed, as he did not state the question listed.
MOTION by Commissioner Trehus, seconded by Commissioner Carlson, to approve the minutes
of October 8, 2009, as amended. Motion passes with Commissioners Lyden, Turcotte and Penn
abstaining.
The Commission then viewed the draft minutes from December 3, 2009. The time of the
meeting ended was entered as 8:40pm.
At line 59, Commissioner Lyden's name needed to be added as the person who made the
statement.
Line 77 the word "out" needs to be replaced with "how".
Charter Commission
January 14, 2010
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46
47 Line 106 and 107 needs to be amended Commissioner Trehus stated that there is an issue with
48 draft language pertaining to conflicts of interest. Commissioner Trehus also stated that the City
49 Council may be in conformance with section 12.03 of the City Charter.
50
51 Line 122 needs to be corrected as motion made by "Vacha" and seconded by "Aldentaler" at
52 "8:40pm."
53
54 MOTION by Commissioner Lyden, seconded by Commissioner Gunderson, to approve the
55 minutes of December 3, 2009 as amended. Motion passes with Commissioners Turcotte and
56 Penn abstaining.
57
58
59 INTRODUCTION OF NEW COMMISSIONERS
60 Margaret Penn and Shawn Turcotte are introduced as the newest members of the Charter
61 Commission.
62
63 Commissioner Penn stated that she has lived in Lino Lakes for 21 years. She holds dual
64 citizenship as she was born in Canada and became a United States citizen in 2000. She is a
65 Management Consultant for a personnel consulting firm. She is very interested in learning more
66 about the Commission.
67
68 Commissioner Turcotte is a union ceramic tile setter. He has a large interest in local government
69 and is excited to be a member of the commission.
70
71 NEW LAW: Contact information of commissioner contact information becomes public
72 Julie Bartell explained a new law that recently went into effect that all members of any public
73 board must have contact information made public. Ms. Bartell stated the public information of
74 the Commission will not listed on the city's website.
75
76 Commissioner Gunderson asked Ms. Bartell if the City Council has looked into making e-mail
77 addresses for themselves public.
78
79 Commissioner Storberg asked about the status of a permanent City Administrator. Ms. Bartell
80 said the Council was continuing the process of searching for a permanent Administrator.
81
82 OLD BUSINESS
83
84 A. Code of Conduct
85 Commissioner Sutherland was not available at this point of the agenda for an update.
86 MOTION by Commissioner Penn, seconded by Commissioner Carlson to table the update until
87 April meeting. Motion passes unanimously.
88
89
Charter Commission
January 14, 2010
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90 B. Update on Possible Charter Amendments
91 i. Tax Cap
92 Commissioner Sutherland was not available for an update.
93
94 ii. Powers of Charter Commission
95 Commissioner Trehus stated there was no update.
96
97 iii. Televised Meetings
98 Chair Dahl stated that at the November 2, 2009 City Council work session, the Council decided
99 to immediately begin televising the "Open Mike" part of City Council meetings. Further, Chair
100 Dahl stated that Councilmember O'Donnell suggested that the Council members take a cut in pay
101 to cover the costs to televise the work sessions of the City Council.
102
103 Commissioner Trehus commented on city tax levy. Chair Dahl and Commissioner Gunderson
104 stated that the Commission can continue the agenda items not updated to the April meeting
105
106 C. Update from Commissioner Trehus on the ballot question, newsletter, ballot
107 language and related funding
108
109 Commissioner Trehus stated he had a conversation with staff of the State Auditor's office and
110 clue to so many requests for review of levy questions from around the state, the office did not
111 have the ability to review the any vague possibilities of local governments advocating for or
112 against a ballot question.
113
114 MOTION by Commissioner Carlson, seconded by Commissioner Lyden to close the agenda
115 item. Commissioners Bretoi, Lyden and Chair Dahl thanked the Commissioners that worked on
116 the report for the Commission. Commissioner Storberg asked if any beneficial information on
117 ballot questions was learned in the process. Commissioner Trehus reviewed some court cases
118 regarding the issue of ballot questions. Commissioner Trehus also stated the report may have
119 purpose later.
120
121 Chair Dahl calls the question. Motion passes with Commissioners Penn and Turcotte abstaining.
122
123 D. Goal Setting for 2010
124
125 Commissioner Minar arrived at 7:28pm
126
127 MOTION by Commissioner Bretoi, seconded by Commissioner Williams to table to April
128 meeting. Chair Dahl recapped the agenda item that Commissioner Sutherland suggested setting
129 goals for the year. Motion passes unanimously.
130
131
132
133
134
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Charter Commission
January 14, 2010
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135 NEW BUSINESS
136
137 A. Public Comment at City Council meetings
138
139 Commissioner Carlson watched a replay of the January 11, 2010 City Council meeting where a
140 member of the public was denied an opportunity to comment on an agenda item by Mayor
141 Reinert. Commissioner Carlson called Chair Dahl and reviewed to her Section 3.01 of the
142 Charter that states
143
144 Commissioner Carlson told Chair Dahl that he would like to draft a letter to the City Council.
145
146 Commissioner Storberg stated she also watched the replay of the council meeting. The agenda
147 item being discussed was the union contacts with the city employees. The issue with the contract
148 of a "no-layoff' clause. Commissioner Storberg stated that the Mayor stated that the council
149 meeting wasn't public meeting regarding the contracts.
150
151 Commissioner Lyden asked if this denial of public comment happened during "open mike".
152 Commissioner Carlson stated it was during an agenda item and it was not a closed meeting.
153
154 Commissioner Gunderson asked if the person being denied a chance to comment was a known
155 citizen of Lino Lakes or a known union represented. Commissioner Carlson said the man did not
156 have a chance to identify himself.
157
158 Chair Dahl stated she believes it does not matter who the person was who wanted to speak. The
159 Charter does not state that only citizens of Lino Lakes have the right to speak. Commissioner
160 Storberg disagrees.
161
162 Commissioner Trehus asked what the rationale of the denial. Commissioner Carlson said the
163 Mayor stated the meeting was not a public hearing on the issue.
164
165 Commissioner Gunderson stated the Council should be reminded of the section of the Charter
166 that allows for citizens to speak on agenda items, where as the person who was denied should
167 have been allowed to at least identify themselves for public record.
168
169 Commissioner Penn suggested we reference past practice in the letter to the Council.
170
171 Commissioner Carlson states that any agenda items cannot be discussed during the "open mike"
172 portion of the meeting.
173
174 A video of the part of the meeting where the person was denied to speak to the Council was
175 played for the Commission.
176
177 MOTION by Commissioner Bretoi, seconded by Commissioner Minar, to send a letter to the
178 council reminding them of Section 3.01 of the Charter regarding the rules of public comment
179 allowed for agenda items of City Council meetings.
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Charter Commission
January 14, 2010
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180
181 Discussion from several Commissioners further edits the letter being drafted to the City Council.
182
183 Commissioner Sutherland arrives at approximately 8:OOp
184
185 Commissioner Storberg objects to sending the letter to the Council. Commissioners Lyden,
186 Gunderson and Minar both state believes it is the duty of the Charter Commission to send this
187 letter of reminding the Council of public comment rules.
188
189 Mr. John Sullivan suggests the Commission table the issue and do more research.
190
191 Commissioner Trehus asked what would be discussed in a closed meeting in regards to union
192 contracts. Commissioner Lyden states personnel issues and negotiations would be discussed in
193 closed meetings. Commissioner Trehus stated the Commission should remind the council of the
194 charter and asked if there was any mitigating circumstances behind the denial of public comment
195
196 Commissioner Bretoi has concerns of dropping the issue, but asked if the Chair could approach
197 the Mayor off the record on this issue.
198
199 Commissioner Gunderson agrees the issue should not be tabled because the next meeting is three
200 months away and encourages sending the letter stating the section of the Charter on public
201 comments and asking for further details.
202
203 Commissioner Trehus suggests further editing of the letter to soften the tone of the letter.
204
205 Commissioner Bretoi withdraws his motion of sending the letter to the Council. Commissioner
206 Minar also withdraws the motion.
207
208 Commissioner Bretoi departs at 8:3Opm.
209
210 Commissioner Minar suggested asking the Mayor and City Attorney to attend the next Charter
211 Commission meeting. Further discussion continues to edit the letter.
212
213 MOTION by Commissioner Lyden, seconded by Williams to send letter with lines deleted by
214 Trehus, beginning at "so that you may have." in the last paragraph.
215
216 Commissioner Penn offers amendment to invite the Mayor and City Attorney to attend the next
217 Commission meeting on April 8, 2010. Commissioners Sutherland and Trehus further amend the
218 letter.
219
220 Commissioner Sutherland calls the question. Motion passes with Commissioners Trehus and
221 Storberg voting no.
223
224
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Charter Commission
January 14, 2010
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225 B. ELECTION OF OFFICERS
226
227 Chair Dahl opens nominations for the office of Chair of the Charter Commission. Chair Dahl
228 requests to continue as Chair.
229 Commissioner Carlson nominates Caroline Dahl for Chair. Commissioner Carlson states that
230 Chair Dahl has good relationships with city staff and Council. She is very dedicated to the
231 Charter and works hard for the Commission. Commissioner Sutherland seconds the nomination.
232 Commissioner Lyden calls the question. MOTION passes unanimously.
233
234 Chair Dahl opens nominations for the office of Vice Chair of the Charter Commission.
235 Commissioner Gunderson nominates Christopher Lyden for the office of Vice Chair.
236 Commissioner Carlson seconds the nomination. MOTION passes unanimously.
237
238 Chair Dahl opens nominations for the office of Secretary of the Charter Commission.
239 Commissioner Williams nominates Kelly Gunderson for Secretary. Commissioner Trehus
240 seconds the nomination. MOTION passes unanimously. Commissioner Trehus commends
241 Commissioner Gunderson on her diligence of minute taking and participating in the discussions
242 at the meetings.
243
244 C. AUDIT
245 i. Data Practice
246 Chair Dahl stated she requested other Charter ruled cities in Minnesota of how they conduct data
247 practice of their Charter Commissions. Chair Dahl received responses from 11 cities, either from
248 city clerks or city attorneys. Most responses stated the Charter Commission had no legal right to
249 appoint their own data practice authority.
250
251 Commissioner Lyden asked if we need to respond to the city in regard to the Data Practice
252 recommendation of the audit.
253
254 ii. Outstanding invoices for Charter Attorney
255 Chair Dahl reviewed the outstanding balance of Ms. Karen Marty, Attorney, who acted on behalf
256 of the Charter Commission. Total balance due at the time of the meeting was $1,644.30, with
257 $1,463.05 being a past balance.
258
259 Commissioner Sutherland stated the Commission should ask how Ms. Marty will collect and that
260 we request detailed invoices. It appears Ms. Marty may be adding fees for outstanding balance.
261
262 Commissioner Trehus asked if we are in danger of Ms. Marty refusing to take the Commission as
263 a client. Chair Dahl stated that Ms. Marty has stated she will continue to help us at our request.
264
265 Commissioner Storberg suggested we request the City Council put this balance on a meeting
266 agenda.
267
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Charter Commission
January 14. 2010
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268 Commissioner Sutherland suggested the Commission should inform the City Council that there
269 is potential litigation regarding these unpaid bills. She will contact Ms. Marty to get details of
270 the balance and then bring it to next work session of the City Council.
271
272 D. Legislation for $ 5,000 Charter Commission budget
273 MOTION by Commissioner Sutherland, seconded by Commissioner Penn to table to the April
274 meeting as part of Goal Setting. Commissioner Minar agrees. Motion passes with Commissioner
275 Storberg voting no.
276
277 E Next meeting date: Thursday April 8, 2010
278
279
280 ADJOURN
281 MOTION by Commissioner Trehus, seconded by Commissioner Williams, to adjourn the
282 meeting at 9:5Opm. Motion carried unanimously.
283
284
285 Respectfully Submitted,
286
287 Kelly Gunderson
288 Secretary
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