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JT CITY COUNCIL/CHARTER COMMISSION MEETING August 20, 2009
APPROVED
CITY OF LINO LAKES
MINUTES
SPECIAL JOINT MEETING
WITH THE LINO LAKES CHARTER COMMISSION
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CHARTER COMMISSION
MEMBERS PRESENT
: August 20, 2009
. 7:00 p.m.
. 8:32 p.m.
: Councilmember Gallup, O'Donnell,
And Reinert
: Council Member Stoltz and Mayor Bergeson
: Commissioners Dahl, Carlson, Zastrow,
Williams, Drennen, Storberg, Sutherland,
Gunderson, Stockman -Maher, Trehus,
Lyden, Minar and Bretoi (arrived at 8:30)
CHARTER COMMISSION
MEMBERS ABSENT : Commissioners Aldentaler and Vacha
Staff members present: Julie Bartell, City Clerk
The City Council and Lino Lakes Charter Commission met in a joint session to consider
the Charter Commission's 2009 and 2010 budget.
Chair Dahl read aloud Article III, Section 2 of the Lino Lakes Charter Commission By -
Laws (regarding special meetings). She noted that the commission will be strictly
following those items noticed for this special meeting. She asked that everyone involved
in the meeting show respect even if there are disagreements.
Each person present at the table introduced themselves with their name and position
(commissioner or council member).
There was no one wishing to speak for the Open Mike portion for the agenda. Chair Dahl
noted that Robert Bening was present in the audience.
A. Cost of doing commission business, 2009 & 2010
Charter Commissioner Sutherland first distributed some written information to the group.
She thanked the three council members present for attending this meeting at short notice;
it is important for the commission to deal with their budget situation. She reviewed the
information distributed that included historical data on the commission's funding, a
revenue/population comparison of the city, and the commission's most recent bill from
attorney Karen Marty. She noted that the attorney bill indicates that most of the
commission's legal expenses of late have been associated with responding to the city's
1
JT CITY COUNCIL/CHARTER COMMISSION MEETING August 20, 2009
APPROVED
46 audit. There has been some legal work in the area of charter amendments currently being
47 considered by the commission. She provided information also on the commission's
48 standard "cost of doing business" items such as publication and recording secretary. Ms.
49 Sutherland also noted an invoice from Attorney Michael Dougherty for a second opinion
50 on the commission's proposed transparency amendment. It is a case in point that the
51 commission doesn't have funding for legal services but the city is getting more than one
52 opinion.
53
54 Commissioner Trehus added that back in the 1990's the commission had an annual
55 budget of $4,000. A comparison of that as a percent of levy and updated to current day, it
56 would be in the range of $20,000 for the commission each year.
57
58 A council member noted that the current budget request seemed to be denied by the
59 council based on a concern about getting a road construction amendment (it was clarified
60 that just Mayor Bergeson had spoke about that matter).
61
62 A council member explained that his view of the situation is that the commission has a
63 need for ongoing operational expenses and is requesting additional funds for legal
64 services in framing charter amendments. In the area of amendments, he'd like to look
65 forward and hope that the commission and council can work together to bring forward
66 ideas that will benefit the citizens and save on legal expenses by collaborating.
67
68 There was discussion about the charter amendment process of the previous year. The
69 citizens' task force had presented a charter amendment, the charter commission had
70 presented a compromise amendment and then a petition was submitted that was required
71 to go to the ballot. It became clear that it wouldn't be appropriate to put more than one
72 amendment on the ballot so the other amendments were dropped by the council.
73
74 Commissioner Storberg remarked that the city spent more than $50,000 on that
75 amendment process.
76
77 Commissioner Zastrow recalled that the council and commission have traditionally held
78 joint meetings but it is clear that each body needs their own attorney.
79
80 Commissioner Sutherland pointed out that the charter attorney actually charges less;
81 Commissioner Drennen suggested that separate attorneys would mean no potential for
82 conflict of interest.
83
84 A council member added that he still sees the possibility of cost savings in collaboration
85 on key principals before necessary legal reviews.
86
87 Commissioner Gunderson pointed out the current state of the commission's budget is
88 about $20, mainly because of the audit expenses; it is an unreasonable situation for them
89 at this time of the year (two meetings left, advertisements needed for openings).
90
JT CITY COUNCIL/CHARTER COMMISSION MEETING August 20, 2009
APPROVED
91 Commissioner Trehus suggested that it may be appropriate for this city's charter
92 commission to have an attorney present for all meetings.
93
94 Commissioner Sutherland recommended that the general cost of business for the
95 commission annually would be in the range of $3,000.
96
97 Commissioner Lyden suggested that one of the costs of doing business should be data
98 services, including minute taking.
99
100 The group discussed the possibility of having line items within the charter budget — one
101 for general business and one for attorney services. The commission needs adequate
102 resources to do their job of framing and amending in addition to general operations.
103
104 Council Member O'Donnell said his opinion is that the commission should bring forward
105 to the council a proposal for funding that outlines what is needed for the remainder of
106 2009 as far as general charter business, not including amendments. Before discussion of
107 further funding for amendments, he recommends that the commission plan on working
108 jointly with the council to try and reach consensus on principals and also on a legal
109 review process and use that as input for a 2010 budget request. The 2010 budget is
110 currently being developed by the council.
111
112 Commissioner Carlson asked that the commission consider Council Member O'Donnell's
113 proposal for collaboration on future amendments. He is supportive of a fair discussion
114 process. It may have been quite helpful in the past.
115
116 Commissioner Minar suggested that having a council member attend charter commission
117 meetings would be helpful.
118
119 Council Member Reinert recognized that the commission was actually born from
120 something of a disagreement with the council (on roads) and he recognizes there is
121 benefit in being separate groups but working together to get a good result.
122
123 Commissioner Drennen suggested that, going into joint discussions, he thinks it would be
124 helpful to establish roles and responsibilities (of the different groups) up front.
125
126 Commissioner Storberg asked the council members present to state whether or not they
127 support the charter.
128
129 Council Member O'Donnell stated that he thinks there is some change needed in the
130 charter in the area of road reconstruction because there will be a huge bill to the citizens
131 down the line if that issue isn't addressed. He thinks that ultimate consequence was not
132 intended by those who put the charter language in place.
133
JT CITY COUNCIL/CHARTER COMMISSION MEETING
APPROVED
134 Council Member Gallup stated that she supports the amendment that the citizens' task
135 force put forth. She recalled that the task force met with the commission and there was
136 realization that the council needs to be involved and she has that in mind.
137
138 Council Member Reinert stated that he supports having a charter; it is essential. He
139 supported the amendment on roads that came forward. The petition ambushed a process
140 that could have worked.
141
142 B. Cost of legal advice for charter amendments, 2009 & 2010
143
144 Commissioner Sutherland presented written information on costs that other cities have
145 seen in looking at a tax cap amendment. This could be used as a basis to look at possible
146 costs for a Lino Lakes' proposal.
147
148 Chair Dahl pointed out that the commission traditionally does as much of their own
149 research as possible; they are very prudent in utilizing public funds. While she is
150 impressed that three council members are attending this meeting on short notice and
151 that's a good place to start with collaboration, it is important that the commission get
152 some commitment from the council to look at funding needs (August 25 work session).
153
154 The group discussed the city's budget process and deadlines for submitting a maximum
155 levy and final budget. The final maximum levy is due to the state in mid-September.
"0 ' 156
157 Council Member Reinert stated that he is supportive of putting onto the next council
158 agenda an item to consider funding to get the commission through the remainder of 2009.
159 Past that, he called for discussion of what path the groups will take. He'd like to see the
160 commission have access to city staff for information also.
161
162 The group reviewed the current Marty Law Firm invoice. It was pointed out that the
163 major portion of the bill relates to responding to the audit report.
164
165 At the request of a council member, Commissioner Sutherland confirmed that the group
166 would be content with receiving additional funding for cost of doing business expenses
167 for the remainder of 2009 and looking at attorney funding for 2010.
168
169 Council Members Reinert and Gallup agreed that discussion of the charter's budget will
170 be added to the agenda for the August 25 budget work session and to the September 8
171 regular work session agenda. If the council directs, a formal budget action in the form of
172 a resolution could occur at the September 14 city council meeting.
173
174 C. Cost of legal advice for on-going audit of Charter Commission
175
176 When the commission asked if activities and discussion surrounding the audit have been
177 completed, City Clerk Bartell explained that there is a direction to staff outstanding to
178 report back on some areas relative to the findings of the audit. Two of those areas are
August 20, 2009
JT CITY COUNCIL/CHARTER COMMISSION MEETING August 20, 2009
APPROVED
179 data practice and charter funding. That report will be coming to the council from Acting
180 Administrator Tesch at a future work session. Clerk Bartell clarified that it is absolutely
181 standard procedure to send a proposed charter amendment to an attorney for review. The
182 commission pointed out that the amendment on televising meetings was sent to the city
183 attorney as well as the attorney who conducted the audit and hence their question about
184 whether or not the audit is still underway. Clerk Bartell indicated that it isn't completely
185 unusual to get more than one attorney involved with charter amendment issues.
186
187 The group recalled that the request for an audit of the commission was brought forward in
188 the form of a letter presented to the council. Commissioner Lyden suggested the council
189 should be cognizant of the legitimacy of requests or groups before ordering costly work
190 done to respond.
191
192 Council Member Reinert and O'Donnell stated their support for having the final
193 discussions on the audit at the next council work session.
194
195 D. Plan of Action - Funds Vote
196
197 i. Include Charter Commission's budget needs at Council 2010
198 budget meeting, Tuesday, August 25
199
200 ii. Include Charter Commission's 2009 budget needs to be voted on
201 at the next scheduled Council Meeting
202
203 Commissioner Sutherland confirmed that commission representatives will be present at
204 the August 25 meeting with information to present. The council can discuss possible
205 action at the September 8 council work session. The commission anticipates that the
206 council will vote on 2009 budget needs at the September 14 council meeting.
207
208 Commissioner Minar moved to thank the three council members who attended. The
209 motion was seconded by several commission members. The motion was adopted by the
210 commission.
211
212 The joint meeting was concluded at 8:32 p.m.
213 The charter commission continued with their meeting.
214
215 These minutes were considered, corrected and approved at the regular Council meeting held on
216 September 14, 2009.
217
218 The draft minutes were presented by the City Clerk to the Charter Commission on August
219 31, 2009 for their future consideration.
220
221
222
223 Julianne Bartell, City Clerk John Bergeson, Mayor
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