Loading...
HomeMy WebLinkAbout08-06-2009 Charter PacketLINO LAKES CHARTER COMMISSION Special Meeting AGENDA Thursday, August 6, 2009 1. Call to Order and Roll Call 7:00 PM 2. Pledge of Allegiance 7:01 PM 3. Setting the Agenda: Addition or deletion of agenda items 7:03 PM 4. Open Mike / Public Comment 7:05 PM 5. Approval of Minutes: July 9, 2009 7:06 PM 6. Old Business A. Update from Communications subcommittee on audit 7:10 PM B. Update from subcommittee on possible Charter Amendment 7:15 PM i. Charter amendment by ordinance (televising council mtgs) C. Update from Commissioner Trehus on the ballot question, 8:00 PM newsletter, ballot language and related funding 7. New Business A. Next meeting date, agenda for Thursday, October 8, 2009 8:05 PM Adjoumment 8:10 PM Caroline Dahl Melissa Stockman Maher Kelly Gunderson Chair Vice Chair Secretary Charter Commission July 9, 2009 ,"1 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT OTHERS PRESENT: DRAFT CITY OF LINO LAKES CHARTER COMIVIISSION July 9, 2009 6:38 P.M. 8:46 P.M. Dahl, Gunderson, Storberg, Williams, Minar, Bretoi, Trehus, Drennan (arrived at 6:45pm), Stockman Maher (arrived at 6:52pm), Sutherland (arrived at 6:57pm) Zastrow, Vacha, Lyden, Aldentaler None None None CALL TO ORDER AND ROLL CALL Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 6:38 p.m. on July 9, 2009 PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Commissioner Trehus added item 7C: Discussion on City tax limits and other potential Charter amendments*. Commissioner Carlson added 7D Consideration of Charter amendment by ordinance by the City Council. Commissioner Storberg suggests that the new items be added to next meeting's agenda. Chair Dahl deleted item 6B: discussion of road maintenance. MOTION by Commissioner Trehus, seconded by Commissioner Minar, to adopt the amended agenda. Motion passes with Commissioner Storberg voting no. OPEN MIKE No one was present for open mike. APPROVAL OF MINUTES MOTION by Commissioner Trehus, seconded by Commissioner NIinar, to approve the minutes of April 9, 2009. Motion passes unanimously. Commissioner Trehus notes that the name "Holtz" is highlighted and should be in normal text. Charter Commission July 9, 2009 Page 2 45 46 OLD BUSINESS 47 48 A. Audit Update 49 Chair Dahl updated the commission on the audit. The Commission's attorney, Ms. Karen Marty 50 wrote a response to the findings of the audit of the Charter Commission. Ms. Marty noted to 51 Chair Dahl that the audit reports by Dougherty and Ms. Marty are legal opinions. 52 53 Commissioner Bretoi asked if it was appropriate to publish Ms. Marty's response. MOTION by 54 Commissioner Minar, seconded by Commissioner Bretoi, that the Commission publish the 55 response to the audit by Ms. Marty on the Charter website as well as other media. Chair Dahl and 56 Commissioners Drennen and Naar suggest that the Commission's Communication Subcommittee 57 handle the task. Motion passes unanimously. 58 59 C. Chair's Report to Judge 60 61 Chair Dahl is currently working on the report, noting that since a new judge has been assigned to 62 the Commission and the audit recently completed, a more comprehensive report is in order. 63 MOTION by Commissioner Trehus, seconded by Commissioner Nlinar, to table to the next 64 meeting. Commissioner Drennen asked if there are any problems with delaying the report. 65 Commission agrees that previous reports to the judge have been delayed. Motion passes 66 unanimously. 67 68 D. Discussion of Commissioner Sutherland's Presentation 69 70 The Communication subcommittee met previous to the Charter Commission meeting. 71 Commissioner Drennen stated that the subcommittee decided to table any initiative to use social 72 networks for the Commission. Commissioner Sutherland agrees that the item should be tabled for 73 future discussion. 74 75 Commissioner Trehus suggests to the Chair that all commissioners receive a copy of the letter 76 from Ms. Marty of the response to the audit. 77 78 E. Update from Commissioner Trehus on Ballot Question, Newsletter, Language and 79 Related Funding. 80 81 Commissioner Trehus states he would have an update at the next Commission meeting. 82 Commissioner Bretoi expresses appreciation to those commissioners who have spent their time on 83 this agenda item. 84 85 86 87 88 Charter Commission July 9, 2009 Page 3 89 NEW BUSINESS 90 91 A. Status of Commercial Zones 92 Commissioner Trehus reviewed the history of this action. The Commission sent approval of an 93 Ordinance proposal to the City Council. Chair Dahl read from a note from city staffthat the 94 council has not discussed this proposed amendment since receiving approval from the Charter 95 Commission. 96 97 B. Anoointments 98 Chair Dahl reminded the Commission that those Commissioners, who term expires in December 99 2009, need to reapply. 100 101 C. City Tax Limits & Possible Addition of Charter Provisions 102 Commissioner Trehus researched that some cities have provisions in their Charters to limit their 103 city's tax levy. Commissioner Trehus presented examples of Mounds View, West St. Paul and 104 Fridley. Commissioner Nfinar stated that the State of Minnesota also has a provision on how 105 much cities can raise their tax levy. Commissioner Trehus stated that the State provision will 106 expire in 2010 and suggested that the Commission look into a Charter amendment capping the 107 city tax levy. Commissioner Maar suggests that if the Commission investigates a Charter 108 Amendment, perhaps a mandatory percentage of the city budget on road maintenance. 109 Commissioner Drennen asked about looking into comparative data of other cities. Commissioner 110 Gunderson asked about a time line for a ballot question. 111 112 MOTION by Commissioner Drennen seconded by Sutherland, to form a subcommittee to 113 discover and report the tax position of Lino Lakes versus similar cities in Miinnesota. 114 Commissioner Storberg discusses on time constraints of putting a question on this year's ballot. 115 The Chair calls the question. Motion passes unanimously. Commissioners Trehus, Sutherland and 116 Stockman Maher agree to serve on the subcommittee. 117 118 MOTION by Commissioner Gunderson, seconded by Commissioner Trehus, to hold a special 119 meeting of the Charter Commission on Thursday, July 23, 2009 at 7:OOpm. Motion passes 120 unanimously. 121 122 Commissioner Trehus discusses adding two provisions to the Charter. The first would include 123 providing clarity regarding the Commission's role. The second is to clarify responsibility for Data 124 Practices. 125 126 MOTION by Commissioner Bretoi, seconded by Commissioner Trehus, that wording is drafted 127 on these provisions for presentation at the July 23'd meeting of the Charter Commission. Motion 128 passes unanimously. 129 130 D. Amendment for Passage by Ordinance 131 Commissioner Carlson presented language for an Amendment to the Charter, to be sent to the 132 City Council for passage by ordinance. Charter Commission July 9, 2009 Page 4 133 134 "To increase Lino Lakes city information available to citizens and to promote transparency in our 135 local government, the Lino Lakes Charter Commission is recommending the Lino Lakes City 136 Council amend the Charter by ordinance following Minnesota Statutes 410.12, Subd. 7. 137 138 The following amendment would be added to Chapter 3, Section 3.01 of the City Charter. 139 140 'All regular open council meetings; the open mike portion and council work sessions shall be 141 televised. Should the City Council determine it is necessary to exempt a given council meeting or 142 council work session from this procedure, they may do so by motion.' 143 144 MOTION by Commissioner Bretoi, seconded by Carlson, to forward Commissioner Carlson's 145 drafted language to City Council for passage by ordinance. Motion passes with Commissioner 146 Minar voting no. 147 148 The next meeting of the Charter Commission will be Thursday, July 23, 2009 at 7:OOpm. 149 150 ADJOURN 151 MOTION by Commissioner Mmar, seconded by Commissioner Drennen, to adjourn the meeting 152 at 8:46p.m. Motion carried unanimously. 153 154 155 Respectfully Submitted, 156 157 Kelly Gunderson 158 Secretary WS — Item #2 WORK SESSION STAFF REPORT Work Session Item #2 Date: August 3, 2009 To: City Council From: Julie Bartell Re: Proposed Charter Amendment Background On July 13, 2009 the Lino Lakes Charter Commission submitted the attached charter amendment and indicated that this amendment should be considered a proposal under Minnesota Statutes, Section 410.12, Subd. 7, Amendment by ordinance. The proposed amendment was distributed to the council at their work session that evening, thus commencing the statute defined schedule for consideration of this type of amendment. Staff has prepared and attached to this report a timeline (schedule) indicating deadlines and possible dates for the following process: ➢ Publication of a public hearing notice on the amendment (must be published prior to August 13). If the council authorizes a hearing this evening, a notice would appear in the Quad Community Press on August 11. ➢ The date of the public hearing must be established no sooner than two weeks but within one month of publication of the hearing notice on August 11. This means the hearing must be held on or between the dates of August 25 through September 11. This does present an issue since there is no regular council meeting (other than a work session on September 8) scheduled during this time period. ➢ Within one month of the public hearing, the council must vote on the proposed charter amendment ordinance (regular council meetings in September are scheduled for the 14th and 28th). Statute states that the ordinance is enacted if it receives an affirmative vote of all members of the council. Section 3.05 of the City Charter establishes certain procedures on adoption of ordinances including a requirement for two readings at least 14 days apart. The city attorney has been asked for an opinion as to whether this applies to this type of charter amendment ordinance since the statute seems to imply that enact requires just one unanimous vote of the council. 1 ➢ If the ordinance is enacted, there is a 90 -day delay before the amendment becomes effective during which a 60 -day period is allowed for submission of a registered voter petition for referendum (thus commencing a new process for ballot consideration). Upon receipt of this proposed charter amendment on July 13, the council also requested that staff gather information on the cost of implementing the additional services called for by the amendment. In response, the cost for video technician services is $12 per hour (with a 3 hour minimum). Requested Council Direction Staff is requesting that the council review the schedule for consideration of the proposed charter amendment, direct staff to prepare and publish the appropriate hearing notice, and schedule a special city council meeting for the purpose of conducting a public hearing. Staff is also requesting direction on preparation of the amendment. At this point the amendment is in the form of a letter from the charter commission and it should be reformatted to the properly as a charter amendment ordinance. Upon receipt of the proposed amendment, it was immediately forwarded to City Attorney Joe Langel with a request that he review and verify its status as a proper amendment request. His attached response indicates that the subject of the amendment is an appropriate consideration. He has questioned, however, the wording of the amendment. An additional legal opinion was received that indicates further questions about the language of the proposed amendment. Attachment(s) 1. Letter from Charter Commission proposing charter amendment 2. Minnesota Statutes, Section 410.12. 3. Timeline for consideration of 2009 charter amendment 4. Communication from City Attorney Joseph Langel 5. Communication from Attorney Michael Dougherty 2 DJIvFr\.}U C.U.anc Wb/- (\ —7-13 -2041 Lino Lakes Charter Commission 600 Town Center Parkway Lino Lakes, MN 55014 Mayor Bergeson 600 Town Center Parkway Lino Lakes, MN 55014 HAND DELIVERED July 13, 2009 Honorable Mayor Bergeson, RECEIVED JUL 1 3 200 - CITY OF LINO LAKES To increase Lino Lakes city information available to citizens and to promote transparency in our local government, the Charter Commission voted on 7/9/09 to recommend that the City Council adopt the following by Ordinance pursuant to Minnesota Statutes 410.12 Subd. 7. The following amendment would be added to Charter 3, Section 3.01 of the City Charter. "All regular open council meetings, the Open Mike portion, and council work sessions shall be televised. Should the City Council determine it is necessary to exempt a given council meeting or council work session from this procedure, they may do so by motion." Caroline Dahl, Chair Lino Lakes Charter Commission cc: Council member Kathi Gallup Council member Jeff O'Donnell Council member Jeff Reinert Council member Dan Stoltz City Clerk Julie Bartell Acting City Administrator Dan Tesch Historical: July 13 — Charter Commission submitted proposed amendment; amendment distributed to city council same evening Timeline for consideration of 2009 proposed Charter Amendment by Ordinance (amending Chapter 3 of the City Charter) (based on the provisions of Minnesota Statutes, Chapter 410.12, Subd 7) First phase (July 13 -August 13) Council must publish a notice of public hearing on proposal (Aug 11 publication) Second phase (Aug 25 — Sept 11) Council must hold a public hearing within this time period (special meeting) Third phase (P.H date - ) Council must vote on proposed amendment within one month (affirmative vote of all council members required Fourth phase If enacted by council, 90 -days must pass before amendment is effective, 60 days of which are allowed for submission of referendum petition If petition is submitted: Amendment goes to ballot according to statute; or council may reconsider adoption of ordinance /"\ LARRY S. SEVERSON JAMES F. SHELDON1 MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA# LOREN M. SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT* ANNETTE M. MARGARIT STEPHEN A. UNG* July 27, 2009 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. Dan Tesch, City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-4517 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com Re: Proposed Charter Commission Amendment Our File No. 10555-28517 Dear Mr. Tesch: GARY L. HUUSKO# CHRISTINE J. CASSELLIUS# BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIES WILLIAM M. TOPICA ERIN. E. BOERSCHEL Pursuant to your request, we have reviewed the proposed amendment to the City's Charter, which was hand delivered by letter to City Hall on July 13, 2009. According to the letter, on July 9, 2009, the Charter Commission voted to recommend an amendment by ordinance to the Charter. The proposed Charter amendment reads as follows: All regular open council meetings, the Open Mike portion, and council work sessions shall be televised. Should the City Council determine it is necessary to exempt a given council meeting or council work session from this procedure, they may do so by motion. We note that the published agenda for the July 9, 2009, meeting does not mention discussion of a proposed Charter amendment; however, the special meeting notice for July 23, 2009, does indicate that an update from a subcommittee on a possible Charter amendment will be discussed at that meeting. The July 13, 2009, letter does not indicate the number of members present or what the vote was on the amendment. There is nothing in the Charter, Charter Commission Bylaws, or Minnesota Statutes Section 410.07 which specifically addresses Charter Commission voting requirements on amendments to the City Charter, so a majority vote of the members present at a meeting (assuming a quorum exists) appears to be sufficient.' City staff may want to confirm there was the required quorum and majority vote of those present approved the amendment. '"Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance." Minn. Stat. §410.12 subd. 7. INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI ±QUALIFFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST 3O©rRD Dan Tesch, City Administrator City of Lino Lakes Page 2 July 27, 2009 A city's charter may "prescribe methods of procedure in respect to the operation of the government thereby created, * * *." Minn. Stat. §410.07. While neither state statute nor the City's Charter defines "operation of the government," electronic recordings of council meetings are the subject of legislative requirements (See Chapt. 13D, Open Meeting Laws). While placing a requirement to televise City Council proceedings in the City's governing document is unusual, such a requirement does not violate Minnesota law. However, the proposed ordinance is vague. The language of the proposal raises the following issues and concerns: (1) "regular open council meetings"- What does this mean? There is no lawful provision for any regular closed meetings. (2) "the Open Mike (sic) portion" -Is this portion occurring outside of the regular council meeting? Does the use of the term create a requirement to continue to have an "Open Mike" item on every agenda? (3) "council work sessions" — We assume that this is a term used to denote council meetings where no action by the council occurs. However, the term is neither found in state statute nor the City's Charter. If the dates for these type of sessions are part of a schedule adopted by the council, they are regular meetings. Otherwise, the sessions would be classified as special meetings and are subject to the requirements of Chapt. 13D.04 of the statutes. Does the use of the term "council work sessions" create a requirement to continue to have "council work sessions"? If the council establishes committees or subcommittees, are such gatherings council work sessions? Is the term meant to imply only a gathering of the council as a whole? If you have any other questions on this matter, please do not hesitate to call. Cordially, SEVERSON - E- PON, DOUGHERTY & MOLENDA, P.A. r �#4-116' ,411 cup - ichael G. 1st Reading: Publication: 211d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. -09 AN ORDINANCE AMENDING THE CITY CHARTER TO REQUIRE THAT COUNCIL MEETINGS BE TELEVISED The City of Lino Lakes ordains that Section 3.01 of the Home Rule Charter be amended as follows (added text underlined): Section 1 Amendment of City Charter Section 3.01. Council Meetings. The Council shall meet regularly at such times and places as the Council shall designate by ordinance. The Mayor or any two members of the Council may call special meetings of the Council upon at least twenty-four (24) hours notice to each member, and such reasonable public notice as may be prescribed by Council rule in compliance with the laws of Minnesota. The twenty-four (24) hours notice shall not be required in an emergency. To the extent provided by law, all meetings of the Council and its committees shall be public, and any citizen shall have access to the minutes and records of the Council at all reasonable times. During any of its public meetings, the Council shall not prohibit, but may place reasonable restrictions upon citizen's comments and questions. All regular Council meetings, as well as any comments received during a scheduled public comment period immediately prior to such meetings, shall be televised. Should the Council determine that it is necessary to exempt a meeting from this requirement, it may do so by motion. Section 2 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. CITY OF LINO LAKES NOTICE OF SPECIAL CITY COUNCIL MEETING PUBLIC HEARING ON PROPOSED AMENDMENT TO CITY CHARTER TUESDAY, SEPTEMBER 8, 2009 NOTICE IS HEREBY GIVEN that the Lino Lakes City Council will hold a special meeting on Tuesday, September 8, 2009, beginning at 5:30 p.m. for the purpose of conducting a public hearing to consider Ordinance No. 06-09 that adds the following language to Chapter 3, Section 101 of the City Charter: "All regular open council meetings, the Open Mike portion, and council work sessions shall be televised. Should the City Council determine it is necessary to exempt a given council meeting or council work session from this procedure, they may do so by motion." The meeting will be held at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. The regularly scheduled council work session will follow the special council meeting. If you have any questions or need special accommodations, please call 651-982-2400. Julie Bartell, City Clerk