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HomeMy WebLinkAbout10-08-2009 Charter Packet1 Charter Commission July 23, 2009 2Page 1 n 3 1 DRAFT 2 CITY OF LINO LAKES 3 CHARTER COMMISSION 4 Special Meeting 5 6 7DATE July 23, 2009 8TIME STARTED 7:05 P.M. 9TIME ENDED 9:20 P.M. 10MEMBERS PRESENT Dahl, Gunderson, Lyden, Storberg, Bretoi, Trehus, 11 Vacha (departs at 8:50pm), Zastrow, Altendaler, 12 Williams, Stockman Maher (arrived at 7:10pm, departs 13 at 8:40pm) Drennan (arrived at 7:12pm), Sutherland 14 (arrived at 7:20pm), Minar (arrived at 7:53pm.) 15 16 17MEMBERS EXCUSED Carlson 1 8MEMBERS UNEXCUSED None 19STAFF MEMBERS PRESENT None 200THERS PRESENT: None 21 22 23CALL TO ORDER AND ROLL CALL 24Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 7:05 p.m. on 25July 23, 2009 26 27PLEDGE OF ALLEGIANCE 28 29APPROVAL OF AGENDA 30 31 32 33OPEN MIKE 34No one was present for open mike. 35 36APPROVAL OF MINUTES 37MOTION by Commissioner Trehus, seconded by Commissioner Zastrow, to table agenda item 38until next meeting. Motion passes unanimously. 39 40 41 OLD BUSINESS 42 43Before beginning Item A., Chair Dahl reminds Commissioners whose term expires in December 442009, to turn in their application if they would like to remain on the Charter Commission, 4 1 5Charter Commission July 23, 2009 6Page 2 7 44Before beginning Item A., Chair Dahl reminds Commissioners whose term expires in December 452009, to turn in their application if they would like to remain on the Charter Commission_ 46A. Audit Update 47Commissioner Drennen sent a press release to Citizen and Quad Press newspapers with a 48response to the Audit findings. Ms. Karen Marty's letter of response to the Audit findings has 49been posted on the Commission's website. 50 51B. Update from subcommittee on possible Charter Amendments 52Commissioner Trehus presented 4 possible amendments for consideration to update the Charter. 53 1. Amend Section 1.04 to add provisions of Charter Commission powers to protect the 54 Charter. 55 2. Amend Section 3.09 of Petition Referendum and Recall 56 3. Amend Section 6.04 for Responsibility of Data Practice 57 4. Amend Charter to add a limit of Tax Levy. 58 59After Commissioner Sutherland assisted with presenting Tax Levy information, Commissioner 60Trehus informs the Commission that the State statutory levy limit expires in 2010. 61 62MOTION by Commissioner Bretoi, seconded by Zastrow, that the Charter Commission move 63forward to create final language for the first three amendments presented by Commissioner 64Trehus. 65 66Discussion by Commissioners Trehus perfering amendment No.4 be discussed first. Stockman 67Maher states that the Commission should not rush through a Tax Levy amendment. 68Commissioner Bretoi withdraws motion, in agreement with Commissioner Zastrow. 69 70Commissioner Stockman Maher departs at 8:40pm 71 72MOTION by Commissioner Trehus: Charter Commission pursue the tax cap amendment and 73meet in two weeks to vote. Commissioner Lyden seconds for purposes of discussion. 74 75Commissioner Vacha departs at 8:50pm. 76 77Motion passes with Commissioners Sutherland and Gunderson voting no. 78 79Commissioner Trehus requests preliminary language be sent to the Commission attorney for 80review. 81 82MOTION by Commissioner Bretoi, seconded by Zastrow, Commission consults with attorney on 83the 3 remaining amendment proposals. Based on her recommendation, move forward on 841anguage she feels should go first. 85 86After discussion, Commissioner Bretoi withdraws the motion. Commissioner Zastrow agrees. 87 8 2 9Charter Commission July 23, 2009 10Page 3 11 88MOTION by Commissioner Sutherland, seconded by Gunderson, that the Commission pursue 89the first presented amendment with the Commission attorney for valid ballot language. Motion 90passes unanimously 91 92C. Chair's Report to Judge 93 94 MOTION by Commissioner Storberg, seconded by Commissioner Lyden, to approve yearly 95report to the District Judge and publish on Commission's website. Motion passes unanimously. 96 97D. Update from Commissioner Trehus on ballot question, newsletter, ballot language 98and related funding 99Commissioner Trehus does not have an update at this time. 100 101 102NEW BUSINESS 103 104With the motion passed earlier in the evening, the next meeting of the Charter Commission will 105be Thursday, August 6, 2009 at 7:OOpm. 106 107Commissioner Zastrow informs the Commission that Pine Street in Lino Lakes is being paved, 108initiated after a petition by affected property owners. The cost of paving is being assessed 100% 109to the affected property owners. 110 111 Commissioner Trehus informs the Commission that the City Council will be meeting on Monday 112July 27, 2009 and discuss the I-35E/Co. Rd. 14 interchange. 113 114ADJOURN 115MOTION by Commissioner Minar, seconded by Commissioner Lyden, to adjourn the meeting at 1169:20p.m. Motion carried unanimously. 117 118 119Respectfully Submitted, 120 121 Kelly Gunderson 122Secretary 12 3 1 Charter Commission August 6, 2009 2Page 1 3 1 2 3 4 5 6 7DATE 8TIME STARTED 9TIME ENDED 10MEMBERS PRESENT 11 12 13 14MEMBERS EXCUSED 15MEMBERS UNEXCUSED 16STAFF MEMBERS PRESENT 17OTHERS PRESENT: 18 19 20CALL TO ORDER AND ROLL CALL 21 Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 7:05 p.m. on 22August 6, 2009 23 24PLEDGE OF ALLEGIANCE 25 26APPROVAL OF AGENDA 27 28 29OPEN MIKE 30No one was present for open mike. 31 32APPROVAL OF MINUTES 33Minutes of July 9, 2009 did not include Commissioner Carlson as being present. Also an astrisk 34noted on line 28 and should be deleted. Line 142 should have ending quotation marks after the 35enclosed single quotation mark. 36 37MOTION by Commissioner Sutherland, seconded by Commissioner Drennen, to adopt the 38minutes of July 9, 2009 as amended. Motion passes with Commissioner Lyden abstaining. 39 40OLD BUSINESS 41 42A. Communication Subcommittee Update on Audit DRAFT CITY OF LINO LAKES CHARTER COMMISSION Special Meeting August 6, 2009 7:05 P.M. 9:10 P.M. Dahl, Gunderson, Lyden, Storberg, Bretoi, Trehus, Carlson, Vacha, Zastrow, Sutherland, Drennan (arrived at 7:10pm), Aldentaler, Williams, Stockman Maher, Minar None None Dave Storberg 4 1 5Charter Commission August 6, 2009 6Page 2 7 43There is no update from Communications subcommittee. 44 45B. Update from subcommittee on possible Charter Amendments 46Commissioner Sutherland updated the commission on attending City Council work sessions and 47council meetings with Chair Dahl. At these meetings, there were discussions between the 48Council and Commissioner Sutherland and Chair Dahl regarding budget requests for the 49remainder of 2009 and 2010, as well as the possibility of future charter amendments. 50 5lDiscussion among commissioners continued regarding a tax levy cap amendment. 52Commissioner Sutherland asked members of the commission if they favored working on ballot 531anguage. Commissioner Vacha stated that if the Council turns down the Commission's request 54for additional funds for 2009, the commission would not be able to go forward with an 55amendment. Commissioner Gunderson asked for the commission's opinion on going forward on 56putting a tax levy cap amendment in 2009 or working on amendment in 2010. 57 58MOTION by Commissioner Trehus, seconded by Lyden for purposes of discussion, to table the 59tax levy cap amendment until the next Charter Commission meeting. 60 61 Commissioner Drennen asked if the current state statute to cap city tax levy affects the I -35E 62interchange reconstruction proposal in Lino Lakes. 63 64Commissioner Sutherland calls the question. Motion passes unanimously. 65 66Commissioner Trehus requests to add two items for possible charter amendments. 67Commissioners Carlson, Vacha and Sutherland state that the items need to be on an agenda to 68allow time for discussion. 69 70Chair deems there is commission concensus to move to Item 6B I. 71 72 I. Charter Amendment by Ordinance (Televising Council Meetings) 73 74Commissioner Sutherland stated that at the Council Work Session, the City Attorney suggested 75that the Commission recind the requested amendment by ordinance, have the Commission's 76attorney review the language and resubmit to the Council. Commissioner Sutherland stated that 77the attorney the City hired to audit the Charter Commission (Michael Dougherty) also reviewed 78the ordinance language. 79 80Commissioner Carlson suggested the Commission send the ordinance back to the Council as is. 81 82MOTION by Commissioner Lyden, seconded by Vacha, to move forward with the original 831anguage by Commissioner Carlson of Charter Amendment by ordinance. 84 85Commissioners Drennen and Sutherland suggest the Commission change the language of the 86ordinance request. 8 2 9Charter Commission August 6, 2009 10Page 3 11 87Commissioner Gunderson requests the Chair to call the question. 88 89Motion passes with Commissioners Drennen and Sutherland voting no and Commissioner 90Trehus abstains. 91 92C. Update from Commissioner Trehus on the Ballot Question, Newsletter, Ballot 93Language and Related Funding 94 95Commissioner Trehus stated that Commissioner Drennen presented a report drafted by 96subcommittee to the State Auditor's office regarding the ballot language, city newsletter and 97related city funding for the 2008 charter amendment referendum. 98 99MOTION by Commission Trehus, seconded by Commissioner Gunderson, that the Chair attach a 100copy of the report sent to the State Auditor to the annual report to the District Judge. 101 Commissioner Trehus states the District Judge is the Commission's authority. 102 103Motion passes unanimously. 104 105NEW BUSINESS 106 107The next meeting of the Charter Commission will be Thursday, October 8, 2009 at 6:30pm. 108 109ADJOURN 110MOTION by Commissioner Zastrow, seconded by Commissioner Sutherland, to adjourn the 111meeting at 9:10p.m. Motion carried unanimously. 112 113 114Respectfully Submitted, 115 116Kelly Gunderson 117Secretary 12 3 1 Charter Commission August 20, 2009 2Page 1 3 1 DRAFT 2 CITY OF LINO LAKES 3 CHARTER COMMISSION 4 Special Meeting 5 6 7DATE August 20, 2009 8TIME STARTED 7:06 P.M. 9TIME ENDED 9:01 P.M. 10MEMBERS PRESENT Dahl, Gunderson, Lyden, Stockman Maher, Storberg, 11 Trehus, Carlson, Zastrow, Sutherland, Drennan, 12 Williams, Minar (arrived at 7:35pm), Bretoi (arrived at 13 8:30pm.) 14 15MEMBERS EXCUSED Aldentaler, Vacha 16MEMBERS UNEXCUSED None 17STAFF MEMBERS PRESENT Julie Bartell, City Clerk 18COUNCIL MEMBERS PRESENT:Jeff O'Donnell, Jeff Reinert, Kathi Gallop 19OTHERS PRESENT: Bob Benning 20 21 22CALL TO ORDER AND ROLL CALL 23Chair Dahl called the meeting of the Lino Lakes Charter Commission to order at 7:06 pm. on 24August 20, 2009 25 26PLEDGE OF ALLEGIANCE 27 28SETTING OF AGENDA 29Chair Dahl reminded the Commission and others present of Charter By -Laws Article III, Section 302 that the agenda set by the notice of the special meeting may not be amended unless all members 31 of the Commission are present and vote unanimously to conduct additional business. 32 33INTRODUCTIONS 34 35OPEN MIKE 36No one was present for open mike. 37 38JOINT MEETING BETWEEN CHARTER COMMISSION AND COUNCIL TO 39DISCUSS CHARTER BUDGET 40 41A. Cost of Doing Commission Business, 2009 & 2010 42Commissioner Sutherland handed out a packet of information related to discussion. Information 43included: 44 1. Commission's past budgets vs. actuals going back to 2004. 4 1 5Charter Commission August 20, 2009 6Page 2 7 45 2. FTE's vs. population going back to 1997. 46 3. Invoices from Commission's attorney. 47 4. Invoices regarding Charter Business. 48 5. Additional page is the City Attorney's invoice for reviewing the Charter submitted 49 amendment for passage by ordinance. 50 51 Commissioner Trehus stated that the Charter Commission has been budgeted an average of 52$4,000 each year going back to the mid -1990's. Most years, the commission did not use all the 53funds budgeted and any unused funds were returned back to the General fund of the city budget. 54 55Commissioner Storberg added that in some years, the Commission was budgeted up to $8,000. 56 57Councilmember Reinert stated that there were two things at question: 1. Funds for legal advice 58and 2. General charter operations. 59 60Councilmember O'Donnell would like two discussions of the Commission's budget needs: 1. 61 Regular Charter Operations and 2. Amendments. O'Donnell asks if the Commission and Council 62begin to look forward and work together. 63 64Commissioner Storberg states that both entities worked well together before referendum to 65amend the Charter happened. A compromise to amend the street financing referendum of the 66charter was worked out and the Council put a petition -initiated ballot question instead. 67Councilmembers Reinert and O'Donnell agreed. 68 69Commissioner Zastrow stated that the Council and Commission historically met together. Now 70separate attorneys are needed. Commissioner Drennen stated he believes that two attorneys 7lbetween the City and Commission end potential conflicts of interest. 72 73Commissioner Gunderson states that the Commission needs funds for the remaining two 74scheduled meetings of 2009. Costs include publishing meeting notices and possible continuance 75of the audit. Commissioner Sutherland states that approximately $3,000 is needed for 2010. 76Commissioner Lyden states the Commission needs the professional legal service it has used in 77the past in order to get accurate minutes out on time. 78 79Chair Dahl asks Councilmember O'Donnell if two separate lines in the Charter Commission's 80budget of "business" and "legal advice" would help. 81 82Councilmember O'Donnell states that currently the city budget has one line for the Charter 83Commission and that he would be open to having two lines. Councilmember Reinert agrees. 84Councilmember Reinert states the Commission is currently broke and not through abuse, but due 85to an audit ordered by the Council. 86 87Chair Dahl states she does not favor adding a second line to the city budget for the Commission, 88but wanted to make the suggestion to help the discussion. 8 2 9Charter Commission August 20, 2009 n 10Page 3 11 89Commissioner Sutherland asks the Councilmembers what is needed from the Commission to 90receive more funds from the Council. 91 92Councilmember Gallop asks if the 2008 budget for the Commission was originally set at $1,500. 93Many answer yes, that is the amount mandated by state law for all Charter Commissions. 94 95Commissioner Storberg states that any year is unpredictable because the Council could bring 96anything to the Commission. 97 98Commissioner Trehus states the statue for Charter Commission funding states $1,500 is for costs 99related to framing and amending. 100 101 Councilmember Reinert suggests two budget lines would protect funds for each "operations" and 102"framing and amending." 103 104Commissioner Sutherland states the $3,000 is estimated for operations from looking at the 105Charter Commission's budgets going back to 2004. 106 107Councilmember O'Donnell suggests the Commission could bring a request for only operations in 1082009. After that, there should be discussions between the Council and Commission on future 109amendments the Commission would like to bring forward. 110 111B Cost of Legal Advice for Charter Amendments for 2009 & 2010 112Commissioner Carlson states he believes that Councilmember O'Donnell's suggestion is fair and 113that he wishes the Council and Commission would have worked together on the road issue. 114 115Commissioner Minar proposes a Councilmember attend the Charter Commission meetings, 116perhaps rotating throughout the year. Chair Dahl reminds everyone that the Charter was 117amended to prohibit members of the Council from being on the commission. Councilmember 118Reinert states that the Council could still have a liaison to the Commission. He also states that 119the Council and Commission need to be separate but work together. Commissioner Lyden states 120that the Charter provides the structure that the Council works in. Commissioner Drennen agrees 121that both should meet together and work on authority boundaries. 122 123Councilmember O'Donnell states that road issues need fixing. Councilmember Reinert states he 124supports the Charter and the Commission's amendment of compromise for road issues and thinks 125that the amendment should come back. 126 127Commissioner Storberg asks Councilmember Gallop her opinion the road issue. Gallop states 128she supports the Task Force's road amendment. Storberg asks Gallop what she did not support of 129the Commission's amendment and Gallop referenced the referendum. 130 12 3 13Charter Commission August 20, 2009 14Page 4 15 131 Commissioner Sutherland referenced the second handout. This handout contains copies of 132invoices of legal advice for Mounds View Charter Commission's amendment for capping the 133City Tax Levy, which totaled $6,690. 134 135Chair Dahl states to the Councilmembers that the Commission does ifs own research on 136amendments, not the attorney, and that the attorney is only used when needed for review. Also 137states that the statute mandating a minimum yearly budget of $1,500 was made into law in the 1381960's. 139 140Commissioner Trehus stated he believes that the Citizens for Safer Roads group received more 141money from the city than the Charter Commission. 142 143Chair Dahl stated that having three members of the City Council present at the meeting is a great 144example of the willingness to work together. Yet, a commitment of additional funds for the 145Commission is needed from the Council. 146 147Commissioner Trehus asks when is the due date for setting the budget. Councilmember 1480'Donnell states the City needs to declare the maximum levy in mid-September. Commissioner 149Gunderson clarifies that the declaration of levy is to Anoka County and that further discuss can 150still happen after mid-September. Commissioner Zastrow states the Charter Commission should 151 ask for more money and Commissioner Lyden agrees and states that any money not spent will be 152returned to the General Fund. 153 154Councilmember Reinert states he would support additional dollars in 2009 to fund operations for 155remaining Commission meetings. Also states that a path of how to work together should be 156created for request for future dollars. Suggests that the Commission should have access to the 157City Finance Director. 158 159Commissioner Gunderson states that while appreciating the support for more dollars for 2009, 160the next council meeting on August 25th is perhaps one of the final meetings for the 2010 budget. 161Asks for a commitment for a base dollar amount for 2010. 162 163Commissioner Sutherland reviews the outstanding legal invoices for the Charter Commission's 164attorney. Councilmember Gallop asks if the Commission is content with additional dollars for 165cost of business and current bills for 2009. Commissioner Sutherland affirms. Commissioner 166Storberg asks if the Council make a motion at the next council meeting. Councilmember Reinert 167states that to appropriate funds, a resolution is needed, not a motion. Also states the next council 168work session is before the next council meeting. City Clerk Julie Bartell states that two 169councilmembers can add an item to the work session agenda. Also states that there will be a 170special council meeting on Tuesday, September 8th and the first regularly scheduled council 171 meeting in September is on the 15th 172 173C. Cost of Legal Advice for On -Going Audit of Charter Commission 16 4 17Charter Commission August 20, 2009 18Page 5 19 174Commissioner Sutherland states that the attorney who conducted the audit, Mr. Michael 175Dougherty, is still involved with Charter business due to the fact they are reviewing the 176amendment for televising the open mike portion of city council meetings. Asks if the audit of the 177Charter Commission is closed. 178 179City Clerk Bartell states that there is an open agenda item on the audit. Also states the Council 180directed the interim City Administrator, Dan Tesch, to look into the 3 points made in the audit 181fmdings: Budget, Data Practice and unsure of the third point. Bartell states the City Attorney 182was asked to review the charter amendment by ordinance and the City Administrator brought Mr. 183Dougherty to also review. 184 185Commissioner Zastrow asks who brought forth the audit. Many answer that some members of 186the group Citizens for Safer Roads brought forth request and it was not done by petition. 187 188Commission Lyden requests that the Council keep in mind the agenda of anyone who brings that 189type of request in the future. 190 191 Councilmember Reinert states that the .Commission feels the audit is still hanging over their 192heads and suggests that the Council put an end to the audit at the next regular scheduled meeting. 193Councilmembers O'Donnell and Gallop agree. Chair Dahl states that the Commission does ask 194for closure on the audit. 195 196D. Plan of Action — Funds Vote 197 I. Commissioner Sutherland states that the Charter will be represented at the 198 Tuesday, August 25th meeting for discussion on the 2010 budget. 199 II. Commissioner Sutherland states that next Council meeting with an opportunity 200 for action on the Charter Commission's 2009 budget is Monday, September 14. 201 202The special council meeting on Tuesday, September 8th is for the first reading of the charter 203amendment by ordinance on televising council meetings open mike portion and work sessions. 204 205MOTION by Commissioner Minar, seconded by Drennen, to thank the three councilmembers 206present for spending their personal time to meet with the Charter Commission. Motion passes 207unanimously. 208 209A five minute break is called by Chair Dahl. 210 211 Goalsetting 212Commission reconvenes at 8:37pm. Chair Dahl hopes Commissioners agree that this meeting 213was a good start to work with the City Council in the future. 214 215Commissioner Drennen discusses the report sent to the State Auditor. Commissioner Trehus r1 216states that he will be receiving any correspondence from the State Auditor's office regarding the 217report. Chair Dahl asks Commissioner Trehus to inform the commission when he receives any 20 5 21 Charter Commission August 20, 2009 22Page 6 23 218notice from the State Auditor's office. Commissioner Minar states the report sent to the State 219Auditors seeks an opinion from an unbiased, independent and unemotional third party regarding 220questions of the city funding of the newsletter and ballot language of the 2008 Charter 221 Amendment referendum. 222 223Discussing goalsetting, Commissioner Sutherland leads discussion on the following points: 224 A. Three outstanding items of the audit of the Charter Commission. 225 B. Tuesday, August 25th Council budget meeting - who will attend? Commissioner 226 Sutherland asks if more Commission budget and actual information going back before 227 2004 is available. Commissioners Trehus and Storberg suggests going back to 1981. 228 C. Council Work Sessions are scheduled for September 8 and 14. 229 230Commissioner Gunderson states she will try to contact all Commissioners on the future meetings 231 mentioned. 232 233Commissioner Storberg states she is really pleased with all the extra work Commissioner 234Sutherland put into the joint meeting. Also complemented Commissioner Gunderson on speaking 235before the City Council at the recent meeting. 236 237Chair Dahl thanked all the Commissioners for a great, respectful meeting with the City 238Councilmembers. 239 240NEW BUSINESS 241 242The next meeting of the Charter Commission will be Thursday, October 8, 2009 at 6:30pm. 243 244ADJOURN 245MOTION by Commissioner Minar, seconded by Commissioner Lyden, to adjourn the meeting at 2469:01p.m. Motion carried unanimously. 247 248 249Respectfully Submitted, 250 251Kelly Gunderson 252Secretary 24 6 CITY OF LINO LAKES NOTICE OF CHARTER COMMISSION MEETING October 8, 2009 NOTICE IS HEREBY GIVEN that the Lino Lakes Charter Commission will meet on October 8, 2009, 6:30 p.m., at Lino Lakes City Hall, 600 Town Center Pkwy, Lino Lakes, MN. Meetings are open to the public. If you have any questions or need special accommodations, please call 651-982-2406. Julianne Bartell, City Clerk