HomeMy WebLinkAbout04-17-2008 MinutesCharter Commission
April 17, 2008
Page 1
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
APPROVED
CITY OF LINO LAKES
CHARTER COMMISSION
: April 17, 2008
. 6:30 P.M.
. 9:32 P.M.
: Dahl, Trehus, Vacha, Duffy, R. Williams, Storberg,
Zastrow, Stockman Maher, Drennen, Lyden, Minar,
Gunderson, Bretoi, and Carlson
: Aldentaler
: None
: 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 6:30
p.m. on April 10, 2008.
The City Clerk swore in new members Bretoi and Gunderson.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
Chair Duffy added item in which the two new members would introduce themselves during the
open mike portion of the meeting.
Commissioner Trehus added an item to discuss the possible charter amendment due to City wide
growth under the new business portion of the meeting.
MOTION by Commissioner Dahl, seconded by Commissioner Lyden, to approve theApril 17,
2008, Charter Commission meeting agenda as corrected above. Motion carried unanimously.
OPEN MIKE
Commissioner Gunderson advised that she had lived in Lino Lakes for the past eight years with
her husband, 16 year old stepson and 2-1/2 year old twins. She stated that in 2001 she ran for
City Council on a few issues that she felt strongly about, but did not win. She stated that she has
a passion for local government and politics in general. She was thrilled to have the opportunity
to get back into local government and thought that the Charter Commission would be a great
way to do that and to meet new people.
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Charter Commission
April 17, 2008
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APPROVED
45 Commissioner Bretoi advised that he had been a property owner in Lino Lakes since 1986 and
46 has lived in the City for the past 11 years. He thought it was interesting to see all the changes
47 that have taken place since that time. He advised that he decided to get involved because he had
48 been following the discussions on street improvement and some other City Council issues. He
49 thought the only way that he could actually have a say in those matters would be to join the
50 Charter Commission.
51
52 Commissioner Storberg questioned if the Commissioner positions had now been fulfilled.
53
54 Chair Duffy replied that their Commission is now full in members.
55
56 APPROVAL OF MINUTES — JANUARY 17 AND FEBRUARY 28, 2008
57
58 January 17, 2008
59
60 Commissioner Dahl stated that row 281, the second on the motion should be Commissioner
61 Trehus and not Commissioner Dahl.
62
63 Chair Duffy advised that the minutes show Commissioner Williams as unexcused but he was
64 present and should be shown in the members present section.
65
/'1 66 MOTION by Commissioner Stockman Maher, seconded by Commissioner Dahl, to approve the
67 January 17, 2008, Charter Commission meeting minutes as corrected above. Abstain:
68 Commissioners Bretoi and Gunderson. Motion carried.
69
70 February 28, 2008
71
72 MOTION by Commissioner Zastrow, seconded by Commissioner Lyden, to approve the
73 February 28, 2008, Charter Commission meeting minutes as presented. Abstain:
74 Commissioners Bretoi and Gunderson. Motion carried.
75
76 OLD BUSINESS
77
78 Quarterly Finance report 2008, Budget Update and all Charter Related Updates by City
79 Administrator, Gordon Heitke
80
81 Commissioner Dahl stated that she would appreciate an easy to read edition of the quarterly
82 update, as she found the format hard to read.
83
84 Chair Duffy advised that she and Commissioner Dahl are looking into a situation. She reported
85 that the attorney for the Charter Commission was unpaid for her December and January services
86 and finally reached them to advise them of this in February. She advised that they had checked
87 into it and did not know what happened. She thought that they held the payments for the Charter
88 Commission, with the exception of Timesavers, and by that time did not have enough funds to
n 89 pay the attorney. She advised that the attorney had now been paid up to date, but was upset that
Charter Commission
April 17, 2008
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APPROVED
90 they were not notified about this situation until the attorney notified her in the begining of
91 February.
92
93 Commissioner Dahl advised that she does forward the bills directly to City Hall. She thought
94 that if they were over budget by $500 they should have sent a smaller payment with an
95 explanation instead of not paying at all. She thought that the situation was handled poorly and
96 advised that she documented everything that occured in chronological order.
97
98 Chair Duffy advised that she went to City Hall and was only given half of the information that
99 she requested and stated that this is more of a housekeeping issue for the Commission.
100
101 Commissioner Lyden thought that they should be more proactive and also believed that the
102 Charter Commission should receive more money. He did not believe that the Charter
103 Commission should be caught in an embarrassing situation like that.
104
105 Commissioner Gunderson questioned if late charges acrued and also what the budget was for
106 2007.
107
108 Chair Duffy advised that the budget was $1,500 for 2007, but they had asked for an additional
109 $5,560. She advised that they also asked for an additional $5,000 in 2008 which would bring
110 that budget to $7,500. She stated that there were not any late charges for the attorney.
111
112 Commissioner Dahl advised that the $7,500 was not concrete. She stated that the Council did
113 approve the additional funds in September but the current budget is showing $5,700 not $6,500.
114
115 Commissioner Lyden questioned if they should have the attorney present at all the meetings until
116 they get through some of the bigger issues. He advised that the City Council has their legal
117 counsel present at their meetings and thought that the Charter Commission could benefit from
118 that as well.
119
120 Commissioner Dahl thought that it would be nice to have the attorney available for questions and
121 did not believe that her charges were outrageous.
122
123 Commissioner Zastrow thought that it would also be a good idea. He stated that the Commission
124 has a lot of big issues coming up and thought that it would be best to have the attorney present so
125 that they would know the answers immediately and would be able to take action during the
126 meeting.
127
128 Commissioner Vacha thought it would be more productive to compile questions for the attorney
129 and then submit them and come back with the answers at the next meeting. He stated that the
130 meetings could drag on with 15 people and thought it would be better to have the attorney
131 present at meetings towards the end of the issues.
132
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133 Commissioner Lyden thought that the hard part is once a question is answered you sometimes
134 have two more questions and thought it would be better if the attorney was present at the
135 meetings.
136
137 Commissioner Vacha advised that they are already walking the fence and thought it would be
138 better to not give the Council any more ammunition to get rid of the Charter Commission.
139
140 Commissioner Carlson agreed with both points and thought that they should hold off on a motion
141 regarding having the attorney present at meetings until they discuss the issues further tonight.
142 He thought that they should know in which direction they are going to go before commiting to
143 having her present at all meetings.
144
145 A. Election of Officers
146
147 Chair Duffy advised that they had already held an election in which Commission Dahl was
148 elected as Vice -Chair, although she had been Secretary for a long time. She questioned which
149 position Commissioner Dahl would like to hold as they can only have one person for each
150 position.
151
152 Commissioner Dahl responded that she would like to try the Vice -Chair position.
153
154 Chair Duffy advised that they would then need a Secretary and called for nominations.
155
156 Commissioner Storberg nominated Commisioner Gunderson for the position of Secretary.
157
158 Commissioner Vacha seconded that nomination.
159
160 Commissioner Gunderson questioned what the duties of the position would entale and was
161 directed to section four, article two.
162
163 Commissioner Carlson felt that it was important to have three officers for the Charter
164 Commission.
165
166 Commissioner Gunderson advised that she did have some reservations about taking the position
167 because of her committment to her children during the day.
168
169 Commissioner Lyden thought that Commissioner Dahl could possibly help out to transition the
170 new Secretary into her position. He advised that she may need some help in the next month as
171 she had never held the position before.
172
173 Commissioner Gunderson advised that she had been Secretary of other Boards that she had
174 presided on and thought that with the freindlyness of the Commissioners she would be able to
175 get assistance when needed. She accepted the position.
176
' 177 Chair Duffy called for further nominations. Hearing none, she called for a motion.
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April 17, 2008
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APPROVED
178
179 MOTION by Commissioner Vacha, seconded by Commissioner Storberg, to elect Commissioner
180 Gunderson to the position of Charter Commission Secretary for 2008. Motion carried
181 unanimously.
182
183 Commissioner Minar nominated Commissioner Lyden for position of Assistant Secretary.
184
185 Chair Duffy called for further nominations. Hearing none, she called for a motion.
186
187 MOTION by Commissioner Minar, seconded by Commissioner Bretoi, to elect Commissioner
188 Lyden to the position of Charter Commission Assistant Secretary for 2008. Motion carried
189 unanimously.
190
191 B. Street Maintenance Update
192
193 Commissioner Lyden advised that he did not have enough time to get through all of the
194 information. He stated that he had been appointed to find information and advised that he
195 contacted City Hall but the information was not easy to obtain. He advised that it did
196 take a while to get all of the information and that he would have everything prepared for
197 the next meeting. He stated that in 1997 the street budget was $514,000 and that in 2006
198 that amount increased to $639,000. He advised that although it may seem adequate the
199 overall budget increase from 4.8 million dollars in 1997 to 8 million dollars in 2007. He
200 explained that although the overall budget doubled the street maintenance budget was
201 only slightly increased.
202
203 Commissioner Trehus clarified that the street maintenance budget only increased by
204 $100,000 in ten years. He advised that while one budget doubled, the other increased by
205 only five percent.
206
207 Commissioner Minar questioned where the money was going since the overall budget
208 doubled and the other barely increased.
209
210 Commissioner Vacha thought that it might be a good idea to include those numbers in a
211 newspaper article.
212
213 Chair Duffy advised that with the pavement management plan did increase in 2007 but
214 did nothing for the ten to 15 years previous to that.
215
216 C. Under Charter's Review
217 a. Staff's amended amendment approved by City Council
218 i. Charter Commission review of amended City amendment
219
220 Chair Duffy advised that everyone should have received information in their packet which
221 included background information on the ordinance for the amended amendment and also
A^ 222 included the new ordinance 05-08. She advised that the City Council had decided to amend the
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April 17, 2008
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APPROVED
223 Task Force amendment, which was brought in as an ordinance the prior year but was no longer
224 valid as it did not have a second reading.
225
226 Commissioner Carlson advised that they had deleted subdivision five, section three from the
227 amendment that the Charter Commission had approved which he thought was a significant
228 paragraph.
229
230 Chair Duffy advised that the Council had eliminated the one year moratorium for improvement
231 projects that are not approved by the citizens. She advised that under the new timeline, the
232 Commission has until May 24th to make their decision and submit it back to the City Council.
233 She advised that the Council is ademant about getting this completed before September 1 lth
234 which is the date that they would have to have their proposed language submitted to Anoka
235 County, so that it could appear on the November ballot.
236
237 Chair Duffy advised that the Council had requested a grid to easliy compare the tax excempt
238 bond status information. She advised that existing Charter Commission bonds are taxable but
239 the Task Force bonds would be tax excempt.
240
241 Commissioner Trehus advised that the premis is that those Charter excempt zones are causing
242 problems with the rate and attractiveness for lending in Lino Lakes. He advised that when they
243 had previously asked questions regarding this issue they had been told that it had been taken care
244 of and to drop the issue. He stated that they did not care previously but now are coming back to
245 this and stating that it is an issue. He stated that he would like to have them come in front of the
246 Charter Commission to explain it again and answer questions.
247
248 Chair Duffy thought that if they asked them to come and explain the issue again they would be
249 denied access.
250
251 Commissioner Trehus advised that the Commission had been denied access to staff in the past
252 but did not think it was a good policy to try to impeed the questions of a govenerment agency.
253 He advised that they had asked for the Community Development Director and the City Engineer
254 to be present at their meeting in the past and the Council denied the request with the rational that
255 they were going to form a Task Force to review the Charter proposal.
256
257 Commissioner Gunderson did not think that their request would be denied as all parties had
258 made their recomendations for the amendment at this point.
259
260 Commissioner Trehus thought that it might be worth it to hear the rational for the need to change
261 the Charter exempt zones.
262
263 Chair Duffy advised that it may be an option to ask staff to come and explain and stated that
264 another option would be to propose some questions and send them to staff to see what kind of
265 response they get first.
266
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APPROVED
267 Commissioner Storberg thought that they should put forth the options and take a vote to see it
268 the Commission wants to accept the changes to the amendment to deny them.
269
270 Commissioner Bretoi questioned what the likeyhood of the Commission submitting their own
271 proposal on the charter on the ballot.
272
273 Commissioner Zastrow advised that they do not want to accept the changes that the Council has
274 proposed and stated that they could either submit their own changes or leave the existing charter
275 as is.
276
277 Chair Duffy advised that they have until May 24th to approve the City Council amendment. She
278 advised that they could then either look at continuing with the amendment that the Commission
279 submitted last December or they could withdraw that and start new to submit their own
280 amendment again.
281
282 Commissioner Zastrow thought that their previous amendment was the best that they would get
283 it. He suggested rejecting the Council amendement and letting them put it on the ballot. He
284 advised that they could then advertise against it and thought that they could knock the
285 amendment down with advertising.
286
287 Commissioner Gunderson stated that she had been following this in the papers and was just as
288 confused as most other citizens in the city. She did not believe that the Commission could spend
289 public funds to advertise either way on a ballot amendment.
290
291 Commissioner Storberg advised that the City Council could advertise in the newsletter.
292
293 Commissioner Trehus advised that the Council did already spend public funds to advertise on the
294 referendum. He stated that the Council could argue that they did not spend $25,000 to tell the
295 citizens that the charter costs the citizens millions of dollars.
296
297 Commisioner Carlson advised that from the information they received from their attorney they
298 could educate the public and believed that things would get stretched out of proportion.
299
300 Chair Duffy advised that it might be helpful to get information on multiple ballot questions. She
301 questioned how confusing the Commission wanted to make this issue. She advised that the
302 either proposal would need 51 percent of the vote to pass.
303
304 Commissioner Lyden advised that the game was going to be played whether the Commissioner
305 played or not and thought that it would be better to have a good defense rather than offense. He
306 stated that if they could stop the amendment from the City Council it would be more important
307 than getting the changes that the Commission would like to see approved. He thought that if
308 they could stop the amendment from the City Council they could then propose their own
309 amendment then next year to make the changes they see necessary.
310
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Charter Commission
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APPROVED
311 Commissioner Storberg advised that the biggest issue in the last 25 years was that the charter
312 was ridged and prevented them from getting the roads fixed. She advised that if the
313 Commission's amendment was approved it would get the roads fixed. She advised that it is
314 going to be confusing either way.
315
316 Commissioner Drennen thought that the biggest difference between the two amendments was the
317 issue of referendum. He advised that the amendment proposed by the Commission allows the
318 citizens to hold a referendum within 60 days of a proposed assessment. He advised that it comes
319 down to whether the citizens would like a say or not.
320
321 Commissioner Vacha advised that the charter does not prevent the City from maintaining the
322 roads.
323
324 Commissioner Lyden advised that it comes down to an issue of budget priority and stated that
325 roads have not been the priority for quite a while.
326
327 Commissioner Vacha advised that the Commission should not have spent the time and money if
328 they were not going to present their own amendment.
329
330 Commissioner Drennen advised that they need to move forward. He stated that the time and
331 money that they spent is gone and they should not proceed with something just because of that.
332
333 Commissioner Storberg advised that they could either put out their amendment, let the Council
334 put their amendment out or leave the charter as is.
335
336 Commissioner Trehus questioned if it might be better for the Commission to conduct their own
337 survery. He thought it would be logical to have a professional company conduct the survey to
338 get unbiased results. He suggested forming a subcommittee to ask for funding and also develop
339 questions for the survey.
340
341 Commissioner Zastrow advised that the Council spent about $30,000 on their survey.
342
343 Chair Duffy advised that it was a longer survery and stated that they could keep their survey
344 under ten questions. She advised that ballot language has to be worded clearly so that a simple
345 mark of yes or no would show. She advised that the complete amendment must by published
346 once a week for two weeks in the City prior to adding the question to the ballot. She stated that
347 she had spoken with someone from Anoka County election office and was advised that the City
348 would have to approve finalized ballott language. She advised that she is also going to check
349 with the Leauge of Minnesota Citieson ballot question language. She advised that the City
350 cannot more forward with anything on this matter until they Charter Commission makes their
351 decision or exhausts their timeframes.
352
353 Commissioner Trehus advised that their attorney has offered to draft the ballot language for their
354 amendment and thought their might be a small chance that the City would approve the language
355 once submitted.
Charter Commission
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APPROVED
356
357 Commissioner Lyden thought that it might be easier to defeat the amendment from the Council
358 by not submitting anything.
359
360 Commissioner Drennen thought the best idea would be to put out their own amendment to take
361 votes away from the Council's. He advised that it neither amendment received enough votes, the
362 charter would remain the same.
363
364 Commissioner Gunderson advised that she spoke with a member of the Mounds View Charter
365 Commission who recently passed an amendment change. She thought it might be helpful to
366 research other cities that had recenly passed an amendment. She advised that it could show them
367 the format and language that had been used.
368
369 Commissioner Trehus advised that the League of Minnesota Cities might be the place to get that
370 information and then request copies of the ballots for the next meeting.
371
372 Commissioner Bretoi thought it would be interesting to find multiple options and how things
373 were put on the ballot including the rules and tactics.
374
375 Commissioner Trehus thought that the Commission should be clear that this was not going to
376 backfire. He did not think that they had enough information tonight to determine that. He
377 thought that the idea of researching the ballots was a good idea.
378
379 Commissioner Bretoi questioned if it would not be a better idea to hold off on approving or
380 denying the amendment from the Council until they get their information. He advised that
381 obviously they do not like the amendment proposed from the Council and questioned what the
382 best strategy would be for the Commission at this point.
383
384 Commissioner Trehus advised that might be a good idea to investigate and not make the decision
385 tonight.
386
387 Commissioner Storberg advised that if they reject the amendment from the Council they are still
388 going to put it on the ballot and advised that their only option then would be to add their own
389 question or leave it.
390
391 Chair Duffy advised that if they reject the amendment tonight it would stop their clock.
392
393 Commissioner Trehus advised that they do not have to let the Council know their intentions right
394 now.
395
396
397 MOTION by Commissioner Storberg, seconded by Commissioner Minar, to reject the City
398 Council's revised amendment. Split Vote, 3-9. Voting in Favor Storberg, Drennen and Minar.
399 Abstain: Williams.
400
Charter Commission
April 17, 2008
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APPROVED
401 Commissioner Carlson thought that they should take the full 90 days to make sure they have all
402 of their information.
403
404 Commissioner Minar advised that all conversations year after year are the same with this matter
405 and was getting frustrated with only speaking about this issue.
406
407 Commissioner Carlson explained that they would only have the one 90 day extension.
408
409 Commissioner Gunderson questioned if they should also be looking at the cost for the survey.
410 She explained that while she loved the idea she did not think it would be feasible with their
411 budget.
412
413 Commissioner Trehus advised that the Commission would need to determine if the funds for the
414 survey would come from the budget or if they would ask for additional funding.
415
416 Commissioner Gunderson advised that with the current calander the Commission would not
417 meet again until July and suggested that they meet again in 30 days.
418
419
420 MOTION by Commissioner Gunderson, seconded by Commissioner Trehus, to hold the next
421 meeting for the Charter Commission at 6:30, on May 22, 2008. Abstain: Vacha. Motion carried,
422 unanimously.
423
424 D. Attorney's Opinion
425
426 Chair Duffy advised that they had already discussed this during the meeting tonight.
427
428 E. Communication Plan
429
430 MOTION by Chair Duffy, seconded by Commissioner Bretoi, to table this issue until the next
431 meeting of the Charter Commission. Motion carried unanimously.
432
433 MOTION by Commissioner Trehus, seconded by Commissioner Lyden, to research the options
434 and cost of a citizen survey and bring back the information to the next Charter Commission
435 meeting. Opposed: Carlson and Minar. Motion carried.
436
437 Commissioners Drennen, Lyden, Trehus and Dahl volunteered to serve on the subcommittee.
438
439 NEW BUSINESS
440
441 A. Review Charter Commission Amendment
442
443 Chair Duffy advised that they had already discussed this item during the meeting.
444
445 B. July meeting date, July 10, 2008
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APPROVED
446
447 Commissioner Dahl advised that this meeting would be held on the second Thursday in July.
448
449 Chair Duffy stated that she would be in Alaska at that time.
450
451 The consensus of the Commission was to move that meeting date to July 17, 2008.
452
453 C. City Growth Amendment
454
455 Commissioner Trehus advised that he read in the Quad that Centerville had their timeline set to
456 have their comprehensive plan completed by the end of this year. He questioned if they should
457 have an amendment in the charter that would not allow the City to change their rate of growth
458 without the approval of the voters. He was concerned that the new comprehensive plan would
459 abliterate the language that everyone had worked so hard to get included.
460
461 Commissioner Zastrow did not think that the Commission should be involved with that issue.
462 He did not think that it was in their duties to dictate policy.
463
464 The consensus of the Commission was not to support the idea of a city growth amendment.
465
466 ADJOURN
467
468 MOTION by Commissioner Minar, seconded by Commissioner Zastrow, to adjourn the meeting
469 at 9:32 p.m. Motion carried unanimously.
470
471
472 Respectfully submitted,
473
474 Amanda Staple
475 TimeSaver Off Site Secretarial, Inc.
476
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