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HomeMy WebLinkAbout10-14-2010 MinutesCharter Commission October 14, 2010 Page 1 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: FINAL CITY OF LINO LAKES CHARTER COMMISSION October 14, 2010 6:35 P.M. 11:12 P.M. Dahl, Lyden, Gunderson, Carlson (arrives at 6:38), Drennen, Minar (arrives at 7:25), Penn, Storberg, Trehus, Turcotte, Williams (departs at 10:35) Aldentaler, Zastrow None Jeff Carlson, City Administrator (part) Dean Hausladen CALL TO ORDER AND ROLL CALL Chair Dahl called to order the meeting of the Lino Lakes Charter Commission at 6:35 pm on October 14, 2010. OPEN MIKE Chair Dahl invited the new City Administrator Jeff Carlson to address the Commission. Mr. Carlson spoke on his background and took questions from Commissioners on topics including the preliminary budget, status of the proposed auto racetrack, restructuring of city staff and other upcoming challenges for the city. SETTING THE AGENDA Commissioner Gunderson requests that item 7B Discussion of Upcoming Referendum be added to the agenda. MOTION by Commissioner Penn, seconded by Carlson to approve the amended agenda. Motion passes unanimously. APPROVAL OF MINUTES Chair Dahl stated that minutes from the July 2010 will be voted on at the next meeting in January. OLD BUSINESS A. Roberts Rules of Order Commissioner Carlson clarified the procedure for "calling a question" during a meeting, according to Robert's Rules of Order. Two-thirds of commissioners' approval is required to call a question which ends discussion on a motion and brings forward a vote on the motion itself. 1 Charter Commission October 14, 2010 Page 2 45 Commissioner Lyden as Vice -Chair is designated to help the Chair keep track of who would like 46 to be recognized to speak and in what order. 47 48 B. Possible Charter Amendments 49 Commissioner Trehus discussed two possible amendments that the charter has been previously 50 considering as well as adding Section 1.04 and amending Sections 3.09, 5.01 and 5.07. 51 52 Chair Dahl suggests that Commission decides what ballot questions to go forward with so that 53 the $1,500 allotted for the 2010 budget is used before the end of the year. 54 55 Commissioner Gunderson asked the Chair if the Commission's attorney will continue to work 56 with the Commission even though there is still an outstanding balance owed to her from 2009. 57 Chair Dahl stated that she recently requested an estimate from Ms. Karen Marty, attorney, for her 58 services for the possible amendments being considered. Ms. Marty replied with those estimates, 59 therefore, ifs the Chair's opinion that Ms. Marty will continue to work with the Commission in 60 the future. 61 62 Commissioner Minar arrives at 7:25pm. 63 64 Commissioner Trehus reiterated that the $1,500 allotted to the Commission cannot go toward the 65 outstanding bill to the attorney. Commissioner Trehus asked about the presentation to the City 66 Council on the Commission's 2010 budget increase request, with the line -item specifics 67 requested by the council. 68 69 Commissioner Drennen spoke on the submission to the City Council of the 2011 budget request 70 for the Commission. In that request, three ballot questions were projected. Commissioner 71 Drennen has not heard back from anyone with the City regarding the submission. Chair Dahl 72 stated that there was a City Council work session scheduled for the next week regarding the 73 budget for 2011. 74 75 Chair Dahl stated that the estimates from Ms. Marty were $2000 to work on the Tax Cap 76 amendment and smaller amounts for other amendment questions. Ms. Marty also stated that her 77 services needed for more than one amendment could be tied together for a better billing rate. 78 79 Commissioner Lyden asked the City Administrator, Mr. Jeff Carlson, if the Commission's budget 80 request was included in the preliminary budget for 2011. Mr. Carlson said he believed it was 81 not, but it could be brought to the City Council at the budget work session the next week. Chair 82 Dahl stated the budget request was submitted to the City Clerk and Acting City Administrator in 83 August. 84 85 Commissioner Trehus spoke on his handout with two drafts for adding Section 1.04. In Draft 1, 86 it is agreed upon to strike "not to exceed the monetary limitation set by the Minnesota 87 Legislature.' 88 2 Charter Commission October 14, 2010 Page 3 89 Commissioner Gunderson asked Commissioner Trehus if it his opinion if the Commission 90 should work on all three amendments now. Commissioner Trehus suggested the Commission 91 rank the amendments and work on what they feel is most important now in 2010, with any 92 leftover budget money as well as future money going toward the other amendments. 93 94 Commissioner Trehus spoke on the amendments on Sections 3.09, 5.01 and 5.07 of the Charter, 95 as well as a funding loophole amendment regarding Section 8.04. 96 97 MOTION by Commissioner Sutherland, seconded by Commissioner Penn, to prioritize the four 98 drafts sections, in order to send them to the Commission's attorney. 99 100 After discussion that the three draft amendments of 3.09, 5.01 and 5.07 is possibly one question 101 and the motion does not include sending the Tax Cap amendment, Commissioner Sutherland 102 withdraws the motion. 103 104 MOTION by Commissioner Penn, seconded by Commissioner Gunderson, to discuss prioritizing 105 the possible amendments listed on the agenda. 106 107 After further discussion of an amendment for 8.04 that is not on the agenda, Commissioner 108 Gunderson withdraws her seconding of the motion. Commissioner Bretoi then seconds the 109 motion. 110 111 Commissioner Sutherland request calls for division of the question to separate the Section 8.04 112 amendment. 113 114 Commissioner Sutherland calls the question, which passes unanimously. 115 116 Motion passes unanimously. 117 118 MOTION by Commissioner Sutherland, seconded by Commissioner Minar to divide the question 119 as: 120 1. Addition on Section 1.04 121 2. Sections 3.09, 5.01, 5.07 amendments 122 3. Tax Cap amendment 123 excluding amendment of Section 8.04, which is not on the agenda. 124 125 After discussion, Commissioner Gunderson calls the question, which passes unanimously. 126 127 Motion fails with Commissioners Sutherland, Minar, Gunderson voting yes; Commissioners 128 Lyden, Drennen, Turcotte, Trehus, Bretoi, Dahl voting no. Commissioners Carlson, Penn, 129 Storberg, Williams abstain. 130 131 The Commissioners then each gave their opinions on what order they want the possible 132 amendments to be worked. 133 3 Charter Commission October 14, 2010 Page 4 134 MOTION by Commissioner Sutherland, seconded by Commissioner Bretoi, to prioritize 135 amendments for Section 1.04 as most important (1), then (2) "Tax Cap" amendment, next (3) 136 "Funding loophole" amendment and finally (4) amendments to Sections 3.09, 5.01, 5.07 to 137 present for review by the attorney. 138 139 Commissioner Gunderson asked for clarification from Chair Dahl on "loopholes" amendments 140 because it is not on the agenda. Chair Dahl decided to allow discussion on the "loopholes" 141 amendment. 142 143 Commissioner Trehus recommended that a subcommittee draft a letter to the Commission's 144 attorney asking her to work on the amendments in the order voted by the Commission, until the 145 budget for 2010 is used completely. 146 147 Commissioners Gunderson, Drennen and Sutherland offer a friendly amendment to add "using 148 up to the remainder of our 2010 budget" after the work "attorney" in the motion. 149 150 Motion passes with Commissioner Carlson voting no. 151 152 Commissioner Sutherland refers the slate of the letter to the attorney to a subcommittee of 153 Commissioners Trehus, Drennen and Chair Dahl. 154 155 C. Code of Conduct and Conflict of Interest 156 MOTION by Commissioner Gunderson, seconded by Commissioner Drennen, to table this 157 agenda item to the January 2011 Commission meeting. 158 159 After discussion, Commissioner Trehus calls the question, which passes unanimously. 160 161 Motion passes with Commissioners Carlson and Dahl voting no. Commissioner Bretoi abstains. 162 163 D. Budget 164 MOTION by Commissioner Sutherland, seconded by Commissioner Trehus, to limit discussion 165 to one opportunity per speaker for a limit of three minutes. 166 Commissioner Sutherland calls the question, which passes unanimously. 167 Motion passes with Commissioners Drennen, Trehus, Dahl voting no and Commissioner Bretoi 168 abstains. 169 170 Chair Dahl summarizes the $1,500 bill from Ms. Karen Marty that is in arrears as well as the 171 memo from the City Attorney, Mr. Langel, on why the City should not pay the bill. 172 173 Chair Dahl also states that she has not received a response from the City regarding the submitted 174 budget request. 175 176 Commissioner Gunderson encourages all Commissioners to attend the Council budget work 177 session the next week. 178 4 Charter Commission October 14, 2010 Page 5 179 MOTION by Commissioner Sutherland, seconded by Drennen, to postpone indefinitely any 180 discussion of the bill in arrears to Ms. Karen Marty. 181 182 Commissioner Gunderson suggests sending a letter to Ms. Marty 183 184 Motion passes with Commissioners Gunderson and Carlson voting no and Chair Dahl abstaining. 185 186 MOTION by Commissioner Sutherland, seconded by Drennen, that the Commission draft a letter 187 to Karen Marty in regards to our motion to postpone indefinitely any discussion as it relates to 188 the bill in arrears regarding the city audit of the Commission, providing a copy of said letter to 189 the City Council. 190 191 Chair Dahl asks if two Commissioners can bring back the issue for discussion. Commissioner 192 Sutherland states that this would close the issue. 193 194 Commissioner Minar calls the question, which passes unanimously. 195 196 Motion passes with Commissioner Carlson voting no. 197 198 Commissioner Drennen volunteers to write the letter and copy the Commissioners. 199 200 Commission requests Chair Dahl send all Commissioners a copy of what was sent to the Council 201 on budget items letter and line items. 202 203 Chair Dahl will request the City add the Commission to the work session on Thursday, October 204 21st. Commissioner Gunderson requests the Chair send all Commissioners information of the 205 work session. 206 207 E. Discussion of Joint Meeting 208 Commissioners discussed the outcomes of the joint meeting with the City Council and possibility 209 of a second joint meeting. 210 211 Commission Drennen requested to clarify that Chapter 8 of the Charter was not specifically 212 discussed at the meeting, road construction was discussed. 213 214 Commissioner Williams departs at 10:23pm. 215 216 MOTION by Commissioner Storberg to set up a joint meeting with the City Council. Because 217 there was no seconding of the motion, the motion went no further. 218 219 MOTION by Commissioner Sutherland, seconded by Commissioner Drennen, to delete wording 220 item E. A. of the agenda "to change Chapter 8" and item E.A.A.i. deleting "changing or 221 amending Chapter 8". 222 223 Motion passes with Commissioner Carlson voting no. 5 Charter Commission October 14, 2010 Page 6 224 Chair Dahl plays a recording of the portion from July 2010 work session. 225 226 MOTION by Commissioner Sutherland, seconded by Carlson for purposes of discussion, that the 227 Commission declines the Council's request for a second joint meeting. 228 229 After discussion, Commissioners Sutherland and Carlson withdraw the motion. 230 231 MOTION by Commissioner Gunderson, seconded by Commissioner Minar to table agenda item 232 6.E to the January meeting. 233 234 Commissioner Sutherland calls the question, which passes with Commissioner Trehus 235 abstaining. 236 237 Motion passes with Commissioner Storberg voting no and Commissioner Trehus abstains. 238 239 NEW BUSINESS 240 241 A. Memo from City Council on odd year elections 242 MOTION by Commissioner Trehus, seconded by Commissioner Sutherland to request of the 243 City to provide a cost breakdown of 2009 and proposed 2011 election costs. The motion is 244 amended by Commissioner Sutherland to add 2007 to the request. 245 246 Commissioner Minar states a potential conflict of interest because he is an election judge, paid 247 by the City and therefore abstained from the vote. 248 249 Motion passes unanimously. 250 251 MOTION by Commissioner Sutherland, seconded by Commissioner Lyden, to table item 7A to 252 the January meeting. 253 254 Motion passes with Commissioner Minar abstaining. 255 256 B. Discussion of upcoming referendum 257 Commissioner Gunderson gives an overview of the upcoming city referendum regarding the 258 reconstruction and addition of stoplights at the intersections of Lake Drive & Main Street and 259 Birch Street & Ware Road. 260 261 ADJOURN 262 MOTION by Commissioner Penn, seconded by Commissioner Bretoi, to adjourn the meeting at 263 11:12pm. Motion carried unanimously. 264 265 Respectfully Submitted, 266 267 Kelly Gunderson 268 Secretary 6