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Home My WebLink About01-17-2008 Minutes2 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 Charter Commission APPROVED January 17, 2008 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS EXCUSED MEMBERS UNEXCUSED STAFF MEMBERS PRESENT CITY OF LINO LAKES CHARTER COMMISSION : January 17, 2008 . 6:30 P.M. . 8:51 P.M. : Aldentaler, Bening, Carlson, Dahl, Drennen, Duffy, Minar, Stockman Maher (arrived at 6:53 p.m.), Storberg, Trehus, Vacha, and Williams : Lyden and Zastrow : Montain : City Clerk, Julianne Bartell (part) CALL TO ORDER AND ROLL CALL Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:34 p.m. on January 17, 2008. NEW MEMBERS SWORN IN City Clerk Bartell administered the oath of office to Harold Carlson, Cori Duffy, Jim Drennen, Steve Minar, and Rosemary Storberg. A. INTRODUCE NEW MEMBERS TO CHARTER COMMISSION Commissioner Minar introduced himself to the Commission. He stated he has lived in Lino Lakes for about 2 %2 years. He wanted to get involved in the community and has worked as an election judge. It was suggested that he serve on the Charter Commission, and he thought it would be a good point to start getting involved in the City. Commissioner Drennen introduced himself to the Commission. He stated he moved to Lino Lakes nine years ago. He has two daughters in high school; one will graduate this year and one will be a senior next year. They love Minnesota; it is a great place to live. Coming out of the 60's and 70's he became cynical and apathetic about government. He decided that he should take a more active role and decided to join the Charter Commission. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA The following items were added to the agenda: ■ Item B.1, Charter Commission Guidelines 1 .,"1 Charter Commission APPROVED January 17, 2008 45 • Item 7.A.1, Discussion of Commissioner Bening's presentation to the City Council on the 46 proposed charter amendment 47 • 8D, Review of Quad article "Charter Changes on Deck" 48 • 8D moved down in the agenda to 8E 49 50 MOTION by Commissioner Dahl, seconded by Commissioner Vacha, to approve the agenda as 51 amended. Motion carried unanimously. 52 53 OPEN MIKE 54 55 No one was present for open mike. 56 57 APPROVAL OF MINUTES — NOVEMBER 29, 2007 AND JANUARY 11, 2007 58 November 29, 2007 59 60 Commissioner Dahl requested the following correction to the minutes: 61 Page 1, line 31: "Commissioner Dahl told stated she would let Commissioner Zastrow know that 62 perhaps it would be best..." 63 64 Commissioner Bening referred to page 7, line 290 of the minutes. He pointed out that the 65 minutes state "It was the consensus of the Commission.." However, he had submitted that he 66 would like to replace Sections 8.05, 8.06, 8.07 8.08 & 8.09, and had stated that he felt Section 67 8.05 was unworkable. 68 69 It was the consensus of the Commission to amend line 290 as follows: "It was the consensus of 70 opinion of the majority of the Commission ..." 71 72 Commissioner Stockman Maher arrived at 6:53 p.m. 73 74 There was discussion of whether lines 290 — 293 in the minutes correctly reflect the consensus of 75 the Commission regarding the amendment to Section 8.07, subd. 2. It was the consensus of the 76 Commission that lines 290 — 293 are stated correctly in the minutes. 77 78 Commissioner Bening requested the following deletion from the minutes: 79 Page 14, lines 597 — 599 80 81 Commissioner Trehus requested the following amendments to the minutes: 82 • Page 8, line 309: "...this provision al does not provide that, and leaves them with 83 no recourse but to petition for a referendum." 84 Page 11, lines 462-464: "...for the Commission's review. 85 86 87 instant run off." • Page 11, line 466: "...He added then you will not need the petitioning that there would be 88 less need to petition for a referendum..." 2 Charter Commission APPROVED January 17, 2008 89 • Page 11, line 468: "...He felt ranked ballots provide for a really good 90 process..." 91 • Page 11, line 473-474: "Commissioner Trehus replied it would could use instant run-off 92 methodology or another method, and felt that Ms. Marty could draft appropriate language 93 with ease." 94 • Page 12, line 484: "Commissioner Trehus stated that the project is decided before the public 95 hearing, and that he felt..." 96 97 MOTION by Commissioner Minar, seconded by Commissioner Dahl, to approve the November 98 29, 2007, Charter Commission meeting minutes as corrected above. Motion carried 99 unanimously. 100 101 JANUARY 11, 2007 MINUTES 102 103 Chair Duffy reviewed that approval of the January 11, 2007 meeting minutes had been postponed 104 due to questions regarding the accuracy of the minutes. She requested discussion regarding the 105 process for approval of the January 11, 2007 meeting minutes. The Commission discussed 106 whether the audio recording of the meeting should be reviewed in order to determine the 107 accuracy of the minutes. It was suggested that one option would be for the Commission to vote 108 not to accept the minutes. 109 110 MOTION by Commissioner Bening, seconded by Commissioner Vacha, to not approve the 11 January 11, 2007, Charter Commission meeting minutes in the form as distributed in the January 112 17, 2008 Charter Commission meeting packet. Motion carried unanimously. 113 114 OLD BUSINESS 115 116 A. DISCUSSION OF CHARTER'S AMENDMENT AT COUNCIL WORK SESSION 117 118 Chair Duffy stated with the presentation of the Charter Commission's proposed charter 119 amendment, each of the City Council members were provided with a cover letter and the final 120 substitute amendment as prepared by the Charter Commission's attorney. The City Council 121 received the proposed amendment and cover letter with their packet the Friday before the 122 Monday City Council meeting. The Council formally accepted the Charter Commission's 123 proposal at the following City Council meeting. 124 125 The Commission reviewed the following documents in relation to the charter amendment 126 process: 127 • Staff Report prepared for 1/7/08 City Council Work Session 128 • Legal Memorandum prepared by Attorney Karen Marty to Charter Commission 129 3 Charter Commission APPROVED January 17, 2008 ^130 The Commission discussed the two options outlined in the legal memorandum prepared by 131 Attorney Karen Marty. There was discussion of Minn. Stat. Sec. 410.12, Subd. 5, specifically in 132 relation to whether a special election is required for the charter amendment process. Chair Duffy 133 pointed out that Attorney Karen Marty has indicated the charter amendment process could be 134 legally defended with or without the special election. 135 136 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, that the Charter 137 Commission send a letter to the City Council as stated on page 2, paragraphs 3 and 4 of the 138 January 11, 2008 legal memorandum prepared by Attorney Karen Marty, with the letter edited as 139 the Commission determines. 140 141 It was noted that if a special election is held the process would likely be rushed, resulting in the 142 citizens not receiving enough information. It was also noted that the charter amendment process 143 is now in the City Council's hands. 144 145 Commissioner Dahl withdrew the motion on the floor. Commissioner Storberg withdrew the 146 second to the motion on the floor. 147 148 B. COMMUNICATION PLAN 149 150 Chair Duffy reviewed the process the Commission followed at the November 29, 2007 Charter 151 Commission meeting with the determination of the substitute charter amendment to be submitted �t52 to the City Council. She stated Commissioner Bening at that time had presented five sections of 153 the proposed amendment that he did not agree with, and he had submitted his own language. The 154 Commission was not interested in pursuing Commissioner Bening's version of changes for 155 Section 8.05 through Section 8.09. She stated since that time Commissioner Bening decided to 156 take it upon himself and present his version of the amendments at the City Council meeting on 157 Monday. 158 159 Commissioner Bening stated the amendment he presented to the City Council includes the 160 following changes from what he had been presented to the Charter Commission: 161 162 Section 8.09, Subd. 1. Petition: The number of valid signatures on the petition must exceed 34)% 163 19%..." 164 Section 8.06. Public Hearing: Language referring to certified mail is now included in one 165 sentence. 166 167 Chair Duffy requested Commissioner Bening to explain his rationale behind going to the City 168 Council with his proposed amendment. She expressed concern that what he has done undermines 169 everything the Charter Commission has done for the last year to get some change that is 170 workable and agreeable to the City. 171 ✓'y 4 Charter Commission APPROVED January 17, 2008 X72 Commissioner Bening expressed his view that in being a Charter Commission member he does 173 not give up his individual rights as a citizen of Lino Lakes to present his feelings and beliefs. He 174 does not believe it undermines the Charter. Nothing in the Charter says anything against what he 175 did by speaking to the City Council. He stated he had brought up many times in Commission 176 meetings that he did not agree on most of the things the Commission was changing, the heart of 177 it in Sections 8.05 through 8.09. He had spoken about that at different times and had sent an 178 email to the Chairperson on November 18th specifically outlining many different things. He 179 agrees it was short notice and that is one thing he apologizes for, but he had discussed it at other 180 meetings. He felt as a citizen of Lino Lakes he had the right to speak to the City Council and staff 181 and present what he considered would be an alternative. 182 183 There was considerable discussion by the commission members regarding Commissioner 184 Bening's presentation to the City Council. The following concerns were expressed: 185 • Commissioner Bening should have resigned from the Charter Commission prior to 186 presenting his viewpoints to the City Council. 187 • Commission members have the right to present their viewpoints to the City Council if 188 they present themselves as a citizen, and not as a member of the Charter Commission. 189 • A member of the Charter Commission must separate their personal views and represent 190 the residents of Lino Lakes. 191 • The final vote was taken at the November Commission meeting on what would be 192 presented to the City Council. 193 94 MOTION by Commissioner Storberg, seconded by Commissioner Stockman Maher, to move on 195 in the agenda. 196 197 The following additional concerns were noted: 198 • Commissioner Bening disrespected the fellow commissioners. 199 • If the City Council accepts Commissioner Bening's amendment there will be additional 200 costs, as well as more time required from staff and legal attorneys. 201 • The Commission does not always agree but they should work as a team. 202 • Commissioner Bening should have informed the Commission he would be presenting an 203 amendment to the City Council. 204 205 Commissioner Bening stated he did not mean to be disrespectful to anyone on the Commission. 206 He wanted to be public and upfront about it. He noted that the press was there and interviewed 207 him, and there will most likely be information in the Citizen and the Quad. 208 209 Chair Duffy stated she received a call from the Quad wanting to do an article on this. She 210 expressed concern that there is a rift between what the Council and the Charter Commission 211 want. Now there will be a third option out there, which will add to more confusion for the 212 citizenry. 213 214 Motion carried unanimously. ,215 5 Charter Commission APPROVED January 17, 2008 ^216 Chair Duffy requested discussion regarding the Commission's Communication Plan to inform 217 the citizens about the proposed charter amendment. 218 219 Commissioner Carlson suggested further discussion regarding the Commission's 220 Communication Plan following the technical review of the charter proposal scheduled for the 221 February 4, 2008 City Council work session. Commissioner Vacha suggested including the 222 Communication Plan on the April 10, 2008 Charter Commission meeting agenda. The 223 Commission discussed flyers and newspaper ads as possible communication methods. 224 Commissioner Drennen indicated his profession is in the field of marketing and offered his 225 assistance in preparing communication materials. 226 227 C. QUARTERLY FINANCE REPORT 2007, 2008 AND 5 -YEAR PLAN UPDATES 228 229 The Commission reviewed the Quarterly Update prepared by City Administrator Gordon Heitke. 230 231 Informational; no action required. 232 233 NEW BUSINESS 234 235 A. ANNUAL REPORT, CHAIR 236 237 Commissioner Dahl noted the following amendment to the Annual Report of the Charter ?38 Commission Chair: 239 • Last paragraph to read: "...the citizen task force to study Chapter 8 of the charter as it 240 related to road reconstruction, and brought forth an amendment..." 241 • "Charter Commission" to be included on the top of the report. 242 243 Commissioner Dahl indicated upon approval of the Commission she will forward the report to 244 the judge. 245 246 MOTION by Commissioner Bening, seconded by Commissioner Stockman Maher, to approve 247 the Annual Report of the Charter Commission Chair as amended above. Motion carried 248 unanimously. 249 250 B. LETTER TO JUDGE REGARDING STATUS, COMMISSIONER MONTAIN 251 252 Commissioner Dahl reviewed that Commissioner Montain missed 8 of the last 11 meetings and 253 the Commission was unable to communicate with him. She sent a letter to the judge regarding 254 Commissioner Montain's absence and received a response today. She recited the letter received 255 from the judge ordering Paul Montain to be removed as a member of the Lino Lakes Charter 256 Commission. 257 258 Chair Duffy indicated there will be notification of the opening on the Charter Commission. 260 B.1. GUIDELINES 6 Charter Commission APPROVED January 17, 2008 X61 262 Commissioner Dahl explained her request to add this topic to the agenda was to be proactive in 263 deterring a situation similar to Commissioner Bening's open mike presentation to the City 264 Council on Monday night. 265 266 The consensus of the Commission was to table the topic of Charter Commission Guidelines to 267 the April meeting, with Commissioner Dahl to present further information at that time. 268 269 C. ELECTION OF OFFICERS 270 271 Chair Duffy called for nominations for the position of Chair. 272 273 MOTION by Commissioner Bening, seconded by Commissioner Vacha, to elect Cori Duffy as 274 Charter Commission Chair for 2008. Motion carried 10 – 0 – 1. (Chair Duffy abstained.) 275 276 Commissioner Dahl stated she would like to continue serving as an officer of the Commission; 277 however, Section 7 of the Charter Commission Bylaws state that no officer is eligible to hold 278 more than two consecutive terms in the same office. Options would be for her to serve as Vice - 279 Chair or for the Commission to amend the Bylaws. 280 281 MOTION by Commissioner Minar, seconded by Commissioner Trehus, to elect Caroline Dahl as X282 Charter Commission Vice -Chair for 2008. ?83 284 There was not interest expressed by any of the commissioners in serving as Charter Commission 285 Secretary for 2008. There was discussion of amending the Bylaws in order for Commissioner 286 Dahl to continue serving as Charter Commission Secretary. It was noted that according to the 287 Bylaws Commissioner Dahl could be appointed as Assistant Secretary until a different 288 commissioner is elected for the position of Secretary. 289 290 Motion carried 10 – 0 – 1. (Commissioner Dahl abstained.) 291 292 MOTION by Commissioner Stockman Maher to elect Caroline Dahl as Charter Commission 293 Assistant Secretary for 2008. 294 295 Commissioner Carlson pointed out it would be beneficial to the Commission to have three 296 different members acting in the officer positions, rather than only filling the three positions with 297 two members. 298 299 The consensus of the Commission was that Commissioner Dahl maintain the position as Acting 300 Secretary until a different commissioner is elected to fill the position of Secretary, and to include 301 Election of Secretary on the April Charter Commission meeting agenda. 302 303 Commissioner Stockman Maher withdrew the motion on the floor. —304 305 D. QUAD NEWS ARTICLE 7 Charter Commission APPROVED January 17, 2008 106 307 The Commission reviewed the Quad News Article "Charter Changes on Deck". Concern was 308 expressed that the article is misleading in the following ways: 1) it makes it appear that road 309 construction is the issue, while the real issue is road repair; 2) this has not been a pain in the 310 resident's rear for several years as stated in the article; 3) statement that 60% of the respondents 311 favored changing the City Charter is taken out of context from the actual survey question. 312 313 Commissioner Storberg suggested each commissioner present a communication brochure or flyer 314 at the April Charter Commission meeting. It was noted that the Commission may want to review 315 the information that will be distributed by the City Council prior to preparing the Commission's 316 communication materials. Commissioner Drennen suggested forming a subcommittee for the 317 purpose of preparing communication materials. Commissioners Dahl, Drennen and Minar 318 volunteered to serve on the Communication Subcommittee. It was the consensus of the 319 Commission that the subcommittee be left open for additional volunteers. 320 321 E. SET AGENDA APRIL 10, 2008 322 323 There was not discussion on this agenda item. 324 325 Commissioner Drennen corrected his email address to be listed on the Charter Commission 326 Membership List as jdrennen(q comcast.net 327 328 ADJOURN 329 330 MOTION by Commissioner Minar, seconded by Commissioner Vacha, to adjourn the meeting at 331 8:51 p.m. Motion carried unanimously. 332 333 334 Respectfully Submitted, 335 336 Carol Hamer 337 TimeSaver Off Site Secretarial, Inc. 8