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Charter Commission
August 23, 2007
Page 1
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS EXCUSED
MEMBERS UNEXCUSED
STAFF MEMBERS PRESENT
APPROVED
CITY OF LINO LAKES
CHARTER COMMISSION
August 23, 2007
6:38 P.M.
9:21 P.M.
Dahl, Aldentaler, Trehus, Vacha,
Duffy, Bor, Richard Williams, Rosemary Williams,
Zastrow, Stockman Maher, and Carlson
Handrick, Bening, and Storberg
Montain
CALL TO ORDER AND ROLL CALL
Chair Duffy called the regular meeting of the Lino Lakes Charter Commission to order at 6:38
p.m. on August 23, 2007.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
No amendments suggested.
MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to adopt the agenda.
Motion carried unanimously.
OPEN MIKE
No one was present for open microphone.
APPROVAL OF MINUTES
Commissioner Trehus stated his copy of the minutes was missing pages. Commissioner Dahl
replied the complete copy of the minutes was emailed out to the commissioners. There was to be
a hard copy of the minutes left for the commissioners this evening, but that was not done.
Commissioner Trehus indicated he will be abstaining from the vote on the minutes.
MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to approve the minutes
of July 19, 2007. Motion carried 11-0-1. Abstain: Commissioner Trehus.
Charter Commission
August 23, 2007
Page 2
APPROVED
44 OLD BUSINESS
45
46 A. Review of July 23rd Meeting with City Council -Chair Duffy provided a report on the July
47 23rd meeting with the City Council. She stated she had requested additional funding to cover
48 potential attorney fees to review the amendment as well as any publishing costs to get the
49 Commission's viewpoint to the public. The Council did not approve the request but said a
50 request could be made with an estimate provided. It was brought up that the Citizens Task
51 Force had cart -blanche and did not need expense reports. A request was made to include
52 Commissioner Trehus' piece about the Charter Commission in the City Newsletter. The
53 Council did not agree to include the 'Fact or Fiction' portion, but the paragraph describing
54 the Charter Commission was included in the latest Newsletter. The Commission discussed
55 the funding request that will be forthcoming once estimates have been received from possible
56 attorneys.
57
58 B. Charter Communication Plan- Commissioner Trehus requested input from the
59 Commission regarding the Charter Commission Communication piece. He indicated one
60 option is the 'Fact or Fiction' and 'Who is the Charter Commission'; the other option would
61 be the letter format about the Charter Commission that the Subcommittee presented to the
62 Commission a couple of months ago. Chair Duffy informed the Commission there was an
63 article in the Quad about the special meeting that had some errors. She contacted the writer
"-• 64 of the article to correct the errors, and also asked about the Charter Commission being able to
65 get something in the Revolving Door in the Quad. The writer had said that would work out
66 fine and that the Citizens Task Force would be asked for their input as well. Commissioner
67 Vacha suggested the Charter Commission pay to put an article in the newspaper so they are
68 not dependent on anyone else's timeline. The cost of the article would be included in the
69 estimate for the funding request. The Commissioners agreed that the suggestion to pay for
70 the article is a good idea. Discussion regarding the Charter Communication Plan related to
71 the following: 1) legal review to ensure what is stated is accurate; 2) timing to run the ad a
72 couple of times prior to the election; 3) run the ad in the Quad and the Citizen; 4) desired
73 content of the article and whether to include Fact or Fiction.
74
75 Discussion on the topic of the Charter Communication Plan was discontinued while
76 Commissioner Trehus excused himself to look for additional information pertaining to the
77 Communication Plan in relation to the Charter and citizen rights.
78
79 Consensus of the Commission was to move Agenda Item 6E & 6F up next in the agenda.
80 Following action on Agenda Items 6E & 6F, the Commission returned to discussion on the
81 Charter Communication Plan (Commissioner Trehus returned to the meeting).
82
83 MOTION by Commissioner Trehus, seconded by Commissioner Dahl, to revisit the Charter
84 Commission Communication Plan at the September 6, 2007 Commission meeting, and to
85 determine at that time what communication piece will be used.
86
87 Commissioner Bor arrived at 7:18 p.m.
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Charter Commission
August 23, 2007
Page 3
APPROVED
88
89 Chair Duffy noted the deadline to submit an amendment for the ballot is September 10`h
90 There will be further discussion later in the meeting regarding the request for a 90 -day
91 extension. The extension would not allow the amendment to be included on the ballot this
92 year, but it would give the City the option of holding a special election.
93
94 Commissioner Bor requested the following friendly amendment to the motion on the floor:
95 To table the Charter Commission Communication Plan to the September 6, 2007
96 Commission meeting in order to consider additional information and to determine at that time
97 what communication piece will be used. The friendly amendment was accepted by
98 Commissioners Trehus and Dahl. Motion carried unanimously.
99
100 C. Amendment Sub -Committee Report and Discussion — Commissioner Trehus reported that
101 at the last subcommittee meeting Commissioner Bening had suggested that the Commission
102 discuss the bullet points tonight, and that a decision be made at the next Commission
103 meeting. The Commissioners discussed the Charter Commission Subcommittee Potential
104 Bullet Points. The following changes were suggested:
105 Bullet #1: Possible further consideration regarding the suggested number of voters (15% of
106 those voting for mayor — possibly amended to a percentage of registered voters)
107 Bullet #3: No longer relevant — remove
'108 Bullet #4: Review notification requirements and review this wording
109 Bullet #5: Change to 2-5 year disallowance provision
110 Bullet #6: Commissioner Bor to research how this is addressed in City ordinance
111 Bullet #8: Should be more specific
112
113 Consensus of the Commission was to continue the discussion of the bullet points at the
114 September 6, 2007 Charter Commission meeting with a determination of what items would
115 be included on a list for review by an attorney. Commissioner Trehus requested
116 Commissioners to contact the subcommittee with any questions or ideas prior to the next
117 meeting. It was noted that the attorney review would be with the understanding that the
118 Charter would be modified based on the proposed bullet points following the legal review
119 and format to legal language that will be binding and able to withstand a lawsuit.
120
121 Attorney for Hire — Commissioner Dahl provided background information on potential
122 attorneys to work with the Charter Commission as has been discussed. Commissioners
123 discussed each of the potential attorneys. Commissioners expressed interest in contacting
124 Karen Marty and Dan Schleck. Commissioner Trehus suggested requesting an estimate from
125 the potential attorneys with an explanation that the bullet points are the Commission's
126 response to the ordinance amendment. Commissioner Bor stated the attorney will need the
127 following documents: the existing charter; the section completed by the Charter Advisory
128 Panel; the amendment passed by the City Council; and the subcommittee's bullet points.
129
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Charter Commission
August 23, 2007
Page 4
APPROVED
130 MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to contact attorneys
131 Karen Marty and Dan Schleck, and to receive one written estimate for review. Motion
132 carried unanimously.
133
134 E. Follow-up: Commissioner Maher Memo — Chair Duffy reviewed that at the last meeting
135 the Commission voted against forwarding the memo drafted by Commissioner Maher to the
136 City Council. Consensus of the Commission was not to revisit the issue. (Commissioner
137 Trehus absent).
138
139 F. Follow-up: Detailed Task Force Spending — Chair Duffy noted included in the
140 Commission's packet is the Charter Task Force expense breakdown. The Commission
141 reviewed the expenses. Commissioner Dahl suggested it would be useful to receive
142 information regarding the hourly cost of Kennedy & Graven in determining the cost estimate
143 for the Commission's funding request. It was noted that the services provided by Neu &
144 Company total almost $12,000. It was also noted that Springsted provided service to the
145 Task Force and is not included in the expense breakdown.
146
147 MOTION by Commissioner Zastrow, seconded by Commissioner Maher, that Commissioner
148 Dahl request the following additional information regarding the Charter Task Force Expense
149 Breakdown: 1) services provided by Neu & Company; 2) Kennedy & Graven hourly rate; 3)
"Th15o cost for services provided by Springsted. Motion carried unanimously. (Commissioner
151 Trehus absent).
152
153 NEW BUSINESS
154
155 A. Resolution — Chair Duffy indicated the timeframe to submit a referendum for the ballot is
156 September 7, 2007. According to State Statute a resolution requesting an extension is to be
157 submitted to the City Clerk. The Commission reviewed the proposed resolution requesting a
158 90 -day extension.
159
160 MOTION by Commissioner Zastrow, seconded by Commissioner Maher, to approve the
161 resolution requesting the 90 -day extension.
162
163 Consensus of the Commission was to make the following changes to the proposed resolution:
164 • Second paragraph, subdivision 5: "The Charter Commission hereby files its
165 resolution requesting the statutory 90 day extension."
166 • "...initial 60 days ending September 7th to review said potential amendment."
167 Motion carried unanimously on the amended resolution.
168
169 Chair Dahl indicated she will hand deliver the resolution to the City Clerk and obtain a
170 receipt.
171
^172 Next Meeting: 1) Discussion of subcommittee bullet points and Commissioner Bening's
173 memo; 2) Commissioner Bor to provide information regarding development ordinances; 3)
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Charter Commission
August 23, 2007
Page 5
APPROVED
174 Charter Commission Communication Plan; 4) attorney for hire; 5) detailed task force
175 spending; 6) approval of August 23rd meeting minutes.
176
177 ADJOURN
178
179 MOTION by Commissioner Dahl, seconded by Commissioner Zastrow, to adjourn the meeting at
180 9:21 p.m. Motion carried unanimously.
181
182
183 Respectfully Submitted,
184
185 Carol Hamer
186 TimeSaver Off Site Secretarial, Inc.
187
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