HomeMy WebLinkAbout07-08-2010 Minutes (2)Charter Commission
July 8, 2010
Page 1
FINAL
CITY OF LINO LAKES
SPECIAL JOINT MEETING
CHARTER COMMISSION & CITY COUNCIL
DATE
TIME STARTED
TIME ENDED
COMMISSION MEMBERS
PRESENT
MEMBERS UNEXCUSED
CITY COUNCILMEMBERS
PRESENT:
STAFF MEMBERS PRESENT
OTHERS PRESENT:
July 8, 2010
6:38 P.M.
9:58 P.M.
Dahl, Lyden, Gunderson, Carlson,
Drennen, Minar, Penn, Storberg, Trehus, Turcotte,
Williams
MEMBERS EXCUSED Aldentaler,
Bretoi, Sutherland, Zastrow
None
Mayor Reinert, Gallup, O'Donnell,
Rafferty, Roeser
Acting City Administrator Dan Tesch, Community
Development Director Michael Grochala
Bob Bennett, Nicholas Backus (Quad Press
Newspaper)
CALL TO ORDER AND ROLL CALL
Chair Dahl called to order the joint meeting of the Lino Lakes Charter Commission and City
Council at 6:38pm on July 8, 2010. Roll Call was taken and the Pledge of Allegiance was
recited.
OPEN MIKE
No one spoke during the period for open mike.
Chair Dahl noted that she would like the meeting to be respectful.
OLD BUSINESS
A. Charter Commission Budget
Chair Dahl distributed copies of the exact language of the Minnesota State Statute regulating
Charter Commission budgets, stating that City Councils may authorize additional funds above
the required $1,500 per year.
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46 Mayor Reinert summarized the last conversations between the Commission and Council about
47 establishing a procedure to request and authorize additional funds if needed.
48
49 Chair Dahl stated that the Commission's attorney has estimated that to work on three
50 amendments would be approximately $5,000 and that was presented to the City Council, before
51 the two newer Council members were on the Council.
52
53 Commissioner Lyden noted the historical budget information before the group that indicates the
54 regular need for more than $1,500 per year. He suggests that $6,000 to $8,000 per year would
55 allow the commission to function as it should. He also related the additional requested funds
56 compared to the entirety of the City budget. Commissioner Lyden also noted that all expenses
57 incurred by the Commission are currently subject to Council approval.
58
59 Council member Roeser suggested the Commission be consistent with City budget procedures
60 and present their budget in a line -item fashion.
61
62 Council member Rafferty stated that the council must be stewards of the city budget and be
63 especially in the current economic situation. He states that the City Council is 5% over budget,
64 the Police department is over budget by 2%, and Charter Commission is over budget by 27% .
65 He concurs with Council member Roeser would like to see line -item budget to understand how
66 money is being spent.
67
68 Commissioner Gunderson clarifies the 27% over budget referenced by Council member Rafferty
69 for the Charter Commission is from 2009 and not the current year's budget. Commissioner
70 Gunderson states that in 2009 the Charter Commission was given $2,200 in their budget and had
71 expenses of $2,800 due to the audit of the Commission that was directed by the City Council.
72
73 Commissioner Drennen stated he finds it entirely reasonable to ask the Commission to prepare a
74 line -item budget and a procedure for budget requests.
75
76 Commissioner Carlson stated that the Council spent a substantial amount toward the audit of the
77 Commission and there was a need for the Commission to request additional monies for legal
78 advice regarding the audit. Any procedures for funding would need to include provisions for
79 responses in those circumstances.
80
81 Commissioner Trehus commented that the audit was conducted by an attorney, not an auditor.
82 The attorney hired by the City had previous involvement with a controversial charter issue in the
83 City of Eagan. Therefore he questions the motive of the audit. Regarding the budget, historically
84 the Commission has received in the area of $5,000 per year regularly and many times money was
85 returned to the general fund. The Commission provides a vital check and balance approach to
86 city government, is a separate entity of city government and therefore, should receive adequate
87 city funding.
88
89 Commissioner Storberg asks if it is possible to establish an annual budget figure and rollover
90 unused funds to be better prepared for less and more active years. She further stated that over 30
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91 years, she has witnessed the volunteers of the Commission have worked hard even though they
92 are not paid.
93
94 Council member O'Donnell stated that the Council is about to enter the budget process for 2011
95 and would welcome a budget proposal using line -item procedure from the Charter Commission.
96
97 Chair Dahl noted that there is currently a "lock" on the 2010 charter budget so that they are not
98 allowed to expend any funds. Neither council members nor the acting city administrator were
99 aware of the situation. Chair Dahl will review the minutes to confirm.
100
101 Commissioner Drennen noted there are some old concerns that have come up and that's to be
102 expected but he for one is interested in keeping the conversation going and continuing to have
103 joint meetings.
104
105 Mayor Reinert states the Council would welcome another meeting with the Commission.
106
107 Council member Roeser states that as part of the process for establishing a procedure for budget
108 requests, a "cause and effect" stipulation also be part of the procedure to handle situations where
109 th Commission incorrectly spends dollars, what a penalty would be and that it should come from
110 the Commission rather than the Council.
111
112 Commissioner Trehus asked for a timeline to submit a budget proposal to the Council. Council
113 member O'Donnell stated the deadline would be August 1st or very early August.
114
115 B. Unpaid bill from Attorney Marty
116 Commissioner Gunderson explained the current status of the commission's account with their
117 attorney, Karen Marty, is that most of the outstanding balance is owed in conjunction with the
118 commission's response to the city's audit and that when the commission was told to spend no
119 more money (August 2009) there were no additional expenses incurred. The charges on the bill
120 were at one time separated according to what was for framing and amending and that portion was
121 paid at the end of 2009 . The remaining balance is $1,463.05. The commission is looking for a
122 resolution on this bill; the attorney did put in the work and she would have the option of coming
123 to the city for payment. She believes that the statute allows the city to pay if the council deems it
124 necessary.
125
126 Mayor Reinert recalled that the council has paid some of the Marty bills and he was supportive of
127 paying the bills so that the council and the commission could move to working together. The city
128 attorney has since opined, however, that it is illegal for the council to pay this bill.
129
130 Commissioner Carlson suggested that it would be helpful to see some legal precedence on that
131 opinion.
132
133 Commissioner Gunderson asked the Mayor if it is his opinion that if in the future, the City is
134 petitioned to have the Commission audited again, that the Commission would be prohibit from
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135 having legal representation or seek legal advice. The Mayor stated he did not know the answer to
136 that situation.
137
138 Mayor Reinert agreed to have the attorney look at the question again and provide some legal
139 precedent.
140
141 Chair Dahl pointed out that the commission will have difficulty moving ahead until this bill is
142 paid and would appreciate a legal review and another opinion.
143
144 C. Code of Conduct/Conflict of Interest
145 Commissioner Gunderson explained that the Commission at one time decided to review the code
146 of conduct language in the city code especially in light of their desire to have a code for the
147 Commission. In reviewing the language, the Commission felt it needed some revision. Using
148 examples of codes of conduct from other cities in Minnesota, the Commission began to draft
149 revised language. Before completing a draft, the Commission seeks to get input from the
150 Council.
151
152 Mayor Reinert noted that the passing of laws, policies, and ordinances are generally done to solve
153 a problem or to pave the way to improvement. There is a code of conduct in the City's code and
154 as well a council produced code from 2006 and he doesn't see an issue with what's in place or
155 issues in the area of conduct.
156
157 Commissioner Dahl explained that there didn't seem to be any language on conflict of interest
158 and as well they have found in doing research that some codes seem to cover better the Boards
159 and Commissions.
160
161 Commissioner Drennen noted that the language of the current code of conduct does not include
162 the words "conflict of interest" or deal with gifts and favors, therefore stronger language was
163 sought.
164
165 Mayor Reinert suggested that if the language isn't complete, then perhaps an update is possible.
166
167 Council Member O'Donnell suggested that bringing the codes of conduct together is a fine idea
168 but in the interest of maintaining the original intent of the code that the council adopted which
169 was to focus on how the council interacts within its body and with staff and he wouldn't want to
170 see that intent lost with any revisions.
171
172 Commissioner Lyden remarked that a change in the enforcement process may be warranted; the
173 body policing itself doesn't always work well.
174
175 D. Tax Cap Amendment
176 Commissioner Trehus noted the information provided in the packet that indicates that the
177 increases in the city levy have outgrown the population increases. Lino Lakes is a little different
178 in that there is no budgeting for road improvements, therefore he has added an estimated cost for
179 those improvements into his figures. A number of cities in the region have enacted measures to
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180 cap tax increases. Commissioner Trehus feels a cap is strongly needed with the pending end of
181 the state levy limits at the end of 2011. When looking at the adopted levy for 2008-2010,
182 Commissioner Trehus complimented last year's council for decreasing the 2010 levy. He also
183 stated that the Commission brought up this possible amendment for discussion at the previous
184 joint meeting and the Commission is looking to continue that discussion.
185
186 Council member Rafferty distributed a recent Letter to the Editor written by Commissioner
187 Trehus on the subject of the tax levy. He asked to use the letter as grounds for gaining more
188 information and he has noted that on the back of the handout. He has spoken with staff for
189 additional information on some of the elements — population, city budget ten years back,
190 comparison of dollars and cents over the years, and particular impacts on the budget over those
191 years. It's important to take a historical view of the information with clarity on what the budget
192 has had to support over the period in question.
193
194 Mayor Reinert noted that tax caps can look like a great idea on the surface but can sometimes end
195 up choking a city. For instance a cap could prevent an investment in maintaining roads that pays
196 off in the long run. He identifies himself as a fiscal conservative and understands a tax cap can
197 look like a great idea but the whole picture is important. The electorate can remove officials who
198 are not taxing appropriately. He doesn't see a problem to solve with tax cap right now.
199
200 Commissioner Minar noted that he has seen city employee salary information that indicates there
201 is a problem; the salaries are too high and there are people who would do the jobs for less.
202 Public employees should not be making more than their private sector counterparts. Regarding
203 road maintenance, it can be funded properly within a reasonably reduced budget.
204
205 Council member O'Donnell suggested that staff could be hired at a lower salary but the full
206 picture includes consideration of what staff brings to the city, i.e. the city's high bond rating
207 saves the city lots of money. Regarding a tax levy cap amendment, he has some concerns about
208 some entities could be more concerned about spending an alloted amount rather than spending on
209 needs. That being said, he does not have a problem seeing it considered if that is a goal of the
210 commission and it is best for the citizens.
211
212 Commissioner Gunderson suggested that the commission's goal isn't necessarily to go out with a
213 referendum on the question. The goal is to make sure there is a tax levy cap when the state
214 statute requirement expires to protect the taxpayers of the city.
215
216 There was discussion between the council and commissioners about the city's obligations, debt
217 service and tax -increment financing to the Legacy at Woods Edge area and the possibility of an
218 impact on city taxes.
219
220 A five minute recess is taken and the meeting is reconvened at 8:55pm.
221
222 Chair Dahl thanked the council for input on this item indicated that the commission will keep the
223 matter (tax cap) on their agenda.
224
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225
226
227
228 NEW BUSINESS
229
230 A. Road Improvements — How do we get there? (Council initiated agenda item)
231 1 a. Joint Subcommittee (Council initiated agenda item)
232
233 Mayor Reinert asked if the commission feels that there is a problem with current process for
234 reconstructing roads. He noted that there has been one road reconstructed in the last twenty years
235 but information would seem to indicate that while it's not an emergency, more work is needed.
236 There have been failed referendums. He is interested in hearing the commission's viewpoint and
237 any suggestions.
238
239 Commissioner Turcotte noted that he has reviewed the city's Pavement Management Plan (PMP)
240 and would like an explanation of the city's maintenance program. Mayor Reinert commented that
241 the PMP has only been fully funded in the past 5 years.
242
243 Community Development Director Grochala explained the city's current program of sealcoating
244 and overlay, noting that there are streets in the city that are past the point where either of those
245 processes would be helpful.
246
247 Council Member O'Donnell noted that it is good that the city has a pavement management plan
248 but bad that it hasn't been fully funded in the past, although full funding is in place again
249 recently. In regard to the work that was done in the past by the citizens task force and the Charter
250 Commission to address the matter of reconstructing the city's roads, he'd like to leverage that
251 work because it was beginning to bring the council and the commission together toward a
252 solution. Can that language be explored again?
253
254 Commissioner Drennen noted that he feels the crux of the issue is how does the city get to the
255 issue of citizens paying for streets that don't benefit them because that seems like taxation
256 without representation.
257
258 Commissioner Trehus added that it isn't accurate to always refer to the projects as "road
259 reconstruction" because in many cases the proposed projects include other improvements. He is
260 also concerned that the lack of sewer and water utilities can affect a roadway's rating in the
261 pavement management plan.
262
263 Mayor Reinert asked for input on the idea of forming a subcommittee to work on a proposal,
264 including using the work that has already been done on the subject.
265
266 Commissioner Lyden suggested that the solution could be to fund necessary road reconstruction
267 by making city budget cuts.
268
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269 Mayor Reinert suggested that he is confident there is a better way to do things and he thinks a
270 subcommittee is a good way to look for that information.
271
272 Council Member Roeser noted that he is very committed to reducing the cost of government and
273 to keeping taxes down. There needs to be a way to handle road work and the concept of bringing
274 a couple of people from the Commission and Council together, using the information already on
275 the table, seems appropriate to him.
276
277 Commissioner Gunderson asked Mr. Grochala if the passage of a referendum would be needed to
278 install stoplights at Lake Drive and Main Street. Mr. Grochala said technically, yes. Mr.
279 Grochala went on to explain different scenarios of funding road reconstruction or improvement.
280
281 Commissioner Gunderson pointed out that in discussing the history of the matter it should be
282 noted that the only road project to go to referendum, West Shadow Lake Road, is somewhat
283 unique because that road is not a thoroughfare and project entails the addition of utilities such as
284 water and sewer. Therefore, is it not possible that the intent of the chapter of the Charter that
285 requires a referendum for road reconstruction is working because it has only been tested on one
286 specific road that is not equal to a majority of roads in the city. The Mayor suggested that most
287 of the roads in town fit that description however.
288
289 Council member Roeser further suggests that city staff be involved with any possible committee.
290
291 Commissioner Carlson remarked the Commission already gave the council a good proposal and
292 the Council rejected it. Then ballot question to take Chapter 8 out of the Charter was rejected by
293 the citizens. That puts all involved in a bind of how to go forward.
294
295 Commissioner Drennen said he feels it is appropriate to look forward on the matter and he hopes
296 that the commission will be discussing if and who for a subcommittee at their regular meeting.
297
298 MayorReinert suggests that if a committee is formed it should have 2 Council members, to avoid
299 the definition of a council meeting, and 4 Charter Commissioners.
300
301 Chair Dahl remarked that the discussion shouldn't be about whether or not the charter works
302 because it does. She doesn't support a subcommittee at this time because some charter members
303 are absent, the concept wasn't commission initiated, and the idea needs to be fully discussed.
304 The charter commission is doing other good work for the citizens in the meantime.
305
306 Commissioner Lyden stated that he feels the Commission cannot go forward with any work with
307 a past due bill still outstanding as well as not having a commitment on a budget going forward.
308
309 Commissioner Storberg suggested the Council review the Task Force amendment and the
310 Charter Commission's amendment and then make a recommendation of what the Council feels is
311 appropriate.
312
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313 The Mayor concluded that it doesn't appear as if the commission feels there is a problem to be
314 solved so that answers his initial question.
315
316 Commissioner Drennen suggested that he feels that the commission's message is that they are
317 open to the idea of a subcommittee and would like to discuss it further.
318
319 Commissioner Minar thanked the council members and the Mayor for attending the meeting.
320
321 ADJOURN
322 MOTION by Commissioner Minar, seconded by Commissioner Drennen, to adjourn at 9:58 p.m.
323 Motion passes unanimously.
324
325
326 Respectfully Submitted,
327
328 Kelly Gunderson
329 Secretary
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